Meus OF RE Pid=SENTATIVES

RECEIVED
19 JUL 2016

SEVENTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES —)
First Regular Session )

Dait;
TUNG:
BY:
Introduced by Representative Maximo B| Rodriguez, Jr.
RrS'Sy
BULLS AND ANE

HOUSE OF REPRESENTATIVES

ARON UNIT
X SERVICE

House Bill No. 169

EXPLANATORY NOTE

This bill was originally introduced as House Bill No. 4148 during the Fourteenth Congress
Where it was transmitted to the Senate. During the 15" Congress, it was again re-filed as House Bill
1074 where it remained pending with the Committee on Justice. It was again re-filed in the 16”
Congress.

Despite numerous developments in technology and communication, there are several
antiquated laws in our statute books which are no longer relevant to modern times. One of them is
Commonwealth Act No. 613, otherwise known as the “Philippine Immigration Act of 1940". Although
some amendments and revisions have been effected to this law, man of its provisions have ceased to
be responsive to present day conditions and realities, and there are still many problematic areas and
concerns that have not been adequately addressed.

Events of recent years have disclosed that many aliens in the country have been involved, at
one time or another, in organized crimes like illegal recruitment, prostitution, drug trafficking, terrorism,
human smuggling and the like, all of which greatly resulted in the general impression of both Filipinos
and foreigners alike that some aliens have contributed to a sufficient degree to the rise in criminality in
our country.

Under these circumstances, it cannot be overemphasized that there is an urgent need to
adopt stricter rules and regulations to protect the security, morals, safety and health of our people and
the country In general, This bill carries the following salient features to address the matter.

1 ‘Anew, streamlined and restructured Commission on immigration and

Naturalization is proposed providing for (a) a systematized gathering, compiling,
storage and reckoning/analysis of records, data and statistics on aliens, and (b) a
clearer delineation of functions among the different divisions/departments so as to
cut bureaucratic red tape and overlapping functions.

2. The proposed Commission on Immigration and Naturalization will now act on
administrative naturalization matters in addition to its immigration related services.

3. The proposed law expands the classes of aliens who are ineligible for admission
Into the country.

4. ‘The proposed law provides more visa categories and immigration privileges for
foreign investors to support the country's policy of attracting foreign investments.

5. ‘The proposed law provides guidelines on the handling of recent international

developments in the matter of refugees, stateless persons and asylees,
The proposed law provides stiff penalties for trafficking of persons.

It will make the Commissioners career officials with a fixed term of seven (7)
years.

In view of the foregoing, the passage of this bill is earnestly sought.

Mh

MAXIMO #. RODRGUEZ, JR,



SEVENTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES —)
First Regular Session )

HOUSE OF REPRESENTATIVES

Introduced by Representative Maxey, Rodeiguez, _
House Bill No.

AN ACT
CREATING THE COMMISSION ON IMMIGRATION, DEFINING ITS POWERS AND FUNCTIONS,
EXPANDING, RATIONALIZING AND FURTHER PROFESSIONALIZING ITS ORGANIZATION,
UPGRADING THE COMPENSATION AND BENEFITS OF ITS OFFICIALS AND EMPLOYEES,
AND APPROPRIATING FUNDS THEREFOR

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled,
TITLE!
GENERAL PROVISIONS
SECTION 1. Short Title. — This Act shall be known as the “Philippine Immigration and
ion of Foreign Nationals Act".

Registr

SEC. 2. Declaration of Policy. — In the conduct of its relation with other States, the
Philippines shall give paramount consideration to national sovereignty, territorial integrity, national
security, national interest, the right to self-determination, enhancement of economic diplomacy as well
as the protection of overseas Filipinos in destination countries, as it adheres to the policy of peace,
cooperation and amity with all nations. Toward this end, Philippine immigration policies, rules and
regulations under this Act shall be applied and administered as instruments for the promotion of
domestic and external interests of the Philippines, in recognition of.

(a) The admission of foreign nationals for the purpose of encouraging and enhancing
capital investments, trade and cornmerce, cultural exchanges and other forms of friendly relations and
cooperation;

(b) The need to support the country's technological and scientific development;
(c) Promotion of conditions for social welfare and economic security of the people;

(d) Compliance with obligations and standards set by international law in the admission
or exclusion of foreign nationals;
(e) Promotion of international order and justice by preventing and denying the use of

Philippine territory to persons who are engaged or likely to engage in terrorism, human smuggling and
trafficking, criminal and other nefarious activities;

() Modernization of structures and mechanisms necessary for the administration of
immigration laws in keeping with the changing demands of the country's role in the global community;
and

(9) Professionalization of the immigration service by instituting a rigid system of
soreening and selection of immigration officials and employees and promoting their development.

SEC. 3, Definition of Terms. — As used in this Act, the following terms are defined as
follows:

(a) “Admission” refers to the process by which a foreign national arriving at a port of
entry in the Philippines is allowed into the country by the immigration authorities;

(b) "Board!" refers to the Board of Commissioners;

(c) "Border Control Officer" refers to any person tasked to man the Border Control
Station as provided under Section 28 of this Act;

(d) "Captain" refers to the master of a vessel or pilot of an aircraft;

(e) "Child" refers to a person below eighteen (18) years of age;

()*Citizen” refers to any person who is a citizen of the Philippines under Section 1,
Article IV of the Constitution of the Republic of the Philippines;

(9) *Commission" refers to the Commission on Immigration;

(h) ‘Commissioner’ and “Deputy Commissioner’ refer to the Commissioner of

Immigration and the Deputy Commissioner of Immigration, respectively;


() “Commitment Order" refers to an order issued by the Commissioner under Section
7(c)(2) of this Act that directs the taking into custody of a foreign national after it has been determined
that a probable cause exists that the foreign national committed acts and/or omissions in violation of
Philippine immigration laws, rules and regulations, or during the pendency of deportation case against
such foreign national: Provided, That such custody shall not exceed three (3) months, unless there
exists other legal grounds for continued custody;

) ‘Consular Officer” refers to any consular, diplomatic, or other officer of the
Department of Foreign Affairs who has been duly granted a consular commission for the purpose of
issuing visas under this Act;

(k) “Derogatory Information” refers to details about persons and travel documents
relating to immigration consisting of the following:

(1) “Blacklist Order” refers to an order issued by the Commissioner that prevents a
foreign national from entering the territorial jurisdiction;

(2) "Hold Departure Order” refers to a directive from the Commissioner preventing a
foreign national from leaving the territorial jurisdiction of the Philippines in cases of grant of
bail and recognizance pending implementation of Summary Deportation Order, or an order
implementing a directive from the Regional Trial Courts, Sandiganbayan, and appellate courts
to prevent a person from leaving the Philippines to any place outside thereof; and

(3) ‘Watchlist Order" refers to an order issued by the Commissioner under this Act
that requires immigration personnel to monitor the travel of any person for a period of sixty
(60) days, extendible for another sixty (60) days and to notify the concered government
agencies of the Philippines,

1) Entry" refers to the arrival of a foreign national into any designated port of entry in
the Philippines from a place outside thereof. A foreign national having a lawful permanent residence
in the Philippines shall not be regarded as making an entry for the purpose of this Act if such foreign
national proves that the departure to a place outside the Philippines was for a temporary or limited
period, or the continued absence from the Philippines was occasioned by deportation proceedings,
extradition, or other legal process;

(m) “Exclusion” refers to the act of Immigration Officers denying admission of a foreign
national into the country on grounds provided for in this Act;

(n) “Foreign National” refers to any person not a citizen of the Philippines;

(0) “Immigrant” refers to any foreign national departing from any place outside the
Philippines destined for the Philippines, other than a non-immigrant;

(p) “Immigration laws" refers to this Act and any other law presently existing or which
may hereafter be enacted relating to movement of natural persons to and from the Philippines;

(@) “Immigration Officer” refers to any person appointed under Section 24 of this Act or
any employee of the Commission designated by the Commissioner to perform the powers, duties and
functions of an Immigration Officer as specified under this Act;

() “Interception” refers to the act of Immigration Officers denying departure clearance to
any person leaving the country on grounds provided for in this Act;

(s) ___ "Norrimmigrant" refers to any foreign national departing from any place outside the
Philippines who is allowed entry and admission into the Philippines for a temporary or limited period of
stay;

() __"Non-refoulement” refers to a principle of international law which prohibits the forced
retum of a refugee to the state or territory where one’s life or liberty would be threatened;

(¥) "Passport" refers to a document issued by the Philippine government to its citizens
pursuant to Republic Act No. 8239, otherwise known as “The Philigpine Passport Act of 1996",

(v) "Person" refers to a natural or juridical person such as but not limited to partnerships,
corporations, companies, and associations;

(w) "Port of entry" refers to any port designated by the Commissioner through which a
foreign national may enter or exit the Philippines;

(%) "President" refers to the President of the Republic of the Philippines;

(y) __ “Refugee” refers to a person who, owing to a wellfounded fear of being persecuted
for reasons of race, religion, nationality, membership of a particular social group, or political opinion, is
outside the country of nationality, and is unable or, owing to such fear, is unwilling to avail of the
protection of that country; or who, not having a nationality and being outside the country of former
habitual residence, is unable or, owing to such fear, is unwilling to return to it;

(@ "Seaman," “Seafarer” or “Crewmember” refers to a person actually employed in the
operation or service in any capacity on board a vessel;

(aa) "Secretary" refers to the Secretary of the Department of Justice;


(bb) “Stateless Person” refers to a person who is not considered a national by any State
under its laws;

(cc) “Travel document” refers to a certification or identifying document containing the
description and other personal circumstances of its bearer, issued for direct travel to and from the
Philippines valid for short periods or a patticular trip. It is issued only to persons whose claim to
Philippine citizenship is doubtful or who fall under the category enumerated in Section 13 of Republic
‘Act No. 8239, otherwise known as “The Philippine Passport Act of 1996",

(dd) "Vessel" refers to all means of conveyances, whether aircraft or sea oratt; and

(ee) "Visa" refers to an endorsement on a passport or any travel document issued by a
Consular Officer abroad authorizing the holder thereof to proceed to a designated port of entry in the
Philippines and there to apply for entry and admission under the status specified therein; or
immigration status granted and/or issued to foreign nationals by the Commissioner or the Board under
this Act;

TITLE tt
COMMISSION ON IMMIGRATION

CHAPTER 1
THE COMMISSION

SEC. 4, Creation. — The Commission on Immigration is hereby created, It shall be principally
responsible for the administration and enforcement of this Act, and the implementation of all laws,
rules, regulations or orders of any competent authority concerning the entry and admission into, stay
in, and the departure from the Philippines of all persons.

SEC. 5, Composition and Qualification. — The Commission shall be administered by the
Board of Commissioners headed by the Commissioner as Chairperson, and four (4) Deputy
Commissioners as members, all of whom shall be natural-born citizens of the Philippines and, at the
time of their appointment, at least thirty-five (35) years of age, holders of a college degree and with
proven capacity for administration; Provided, That the majority or three (3) members including the
Chairperson of the Commission shall be members of the Philippine Bar in good standing for at least
five (5) years.

CHAPTER 2
THE COMMISSIONER

SEC. 6. Appointment and Rank of the Commissioner. — The Commissioner shall be
appointed by the President and shall have the same rank, salary, and privileges of an Undersecretary
of a Department.

SEC. 7. Powers and Functions of the Commissioner. - In addition to the duties as
Chairperson of the Board of Commissioners, the Commissioner shall exercise the following powers
and functions:

(a) Supervise, direct and coordinate the overall operations of the Commission;

(b) Exercise control and supervision over the officers and personnel of the Commission,
including but not limited to appointments, promotions, reassignments and other personnel
movements, subject to existing civil service laws, rules and regulations;

(©), Issue, (1) letter orders after determination of the existence of probable cause for the
purpose of deportation; (2) commitment or release orders; (3) warrant of deportation; (4) order to
inspect the documents, premises and records of persons covered by this Act and (5) derogatory
information orders as defined in Section 3(k) of this Act;

(d) Delegate authority to subordinate officers and employees of the Commission, except
with regard to powers and functions enumerated in the immediately preceding paragraph, which may
be delegated only to the Deputy Commissioners;

(©) __ Act on applications for issuance and extension or on petitions for conversion,
adjustment and amendment of visas;

(8 Act on petitions for deciaration of indigency;

(g)___ Declare such contro! posts, landing places, airports or ports as points of entry or exit,
whether limited or unlimited;

(h) Increase, reduce or waive immigration fees, fines, penalties and other charges;


@ Acton applications for retention or reacquisition of citizenship in accordance with
Republic Act No. 9225 otherwise known as “Citizenship Retention and Re-acquisition Act of 2003,
based on the recommendations of the concerned office of the Commission in consultation with the
Department of Foreign Affairs”.

() Issue Certificate of Identification to foreign nationals who have obtained Filipino
citizenship;

(kK) Deputize any official or employee of the national government and local government
units, including uniformed personnel of the Armed Forces of the Philippines, the Philippine National
Police and the Philippine Coast Guard to assist immigration personnel in the performance of their
duties and functions subject to the concurrence of the Board;

(1) Authorize and prescribe the forms and the amount of cash bonds for the provisional
release of respondents in deportation proceedings;

(m) Impose reasonable fines and penalties for violation of immigration and alien
registration laws in accordance with this Act and the guidelines adopted by the Commission;

(n) Provide an express lane for the rendition of services upon payment of prescribed fees
by persons served and to deposit in a government authorized depository bank all such fees received
under a trust fund that may be made available for the payment of allowances to employees of the
Commission, subject to existing auditing and accounting rules and regulations;

(0) Accept donation of materials, equipment or technical services from any foreign
government, international or domestic organization, to upgrade the efficiency and operations of the
Commission;

(p) Submit to the President and Congress, annually or as may be directed, a report on
the: (1) number and status of foreign nationais in the Philippines; (2) foreign nationals admitted or
granted change of status as permanent residents; (3) foreign nationals who have been excluded or
deported from the Philippines: (4) estimated number of illegal foreign nationals in the Philippines in
each calendar year and actions taken to arrest them, by nationality grouping, for each region in the
Philippines; and (5) such other transactions of the Commission;

Assign immigration employees to do overtime work or services pursuant to rules and
regulations to be prescribed and at the rates fixed by the Commissioner when the work or service to
be rendered is to be paid by shipping companies and airlines or other persons served;

© Determine the manning levels of immigration officers of the Commission nationwide
in accordance with the number of arrivals in each port of entry as determined by the Board: Provided,
That the number of employees, as provided in the staffing pattem in accordance with Section 120 of
the Act, shall not be decreased;

(3) _ Prepare and submit supplemental budget of the Commission for the consideration of
the Department of Budget and Management;

() Prescribe such rules, regulations or other administrative issuances to carry out the
provisions of this Act;

(2) Prescribe the appropriate forms, bonds, reports, entries and other papers in
accordance with this Act; and

(v) Perform such other functions inherent to the Commission.

CHAPTER 3
THE DEPUTY COMMISSIONERS
SEC. 8. Appointment and Rank of Deputy Commissioners. — There shall be four (4)
Deputy Commissioners who shall be appointed by the President. They shall have the same rank,
salary and privileges of an Assistant Secretary of a Department.

SEC. 9. Duties of Deputy Commissioners. — In addition to their duties as members of the
Board, the Deputy Commissioners may be assigned by the Commissioner to supervise relative to the
operations of the different divisions of the Commission clustered as follows: (a) regulatory; (b) border
control; (c) enforcement; and (d) management support.

CHAPTER 4
‘THE BOARD OF COMMISSIONERS

SEC. 10. Powers and Functions of the Board. ~ The Board shall have the following powers
and functions:
(a) Decide on applications andlor cases relative to:
(1) Deportation:


(2) Revocation of immigration status;
(3) Recognition of Philippine citizenship by reason of birth or marriage;
(4) Issuance and revocation of all visas;
(6) Declaration of indigency: and
(6) Legalization of residence in accordance with law;
(b) Prescribe and promulgate rules of proceedings before it;
(c) Cite and punish for contempt in relation to the discharge of its quasi-judicial functions
in accordance with the Rules of Court;
(4) Prepare and publish operations manual and rules of procedure, including schedule of
fees, for all transactions entered into by the Commission with the public;
(2) Formulate policies, directives, programs and projects of the Commission; and
() Perform such other powers and functions as provided by existing laws, rules and
regulations not inconsistent with any of the provisions of this Act.

SEC. 11. Decisions of the Board. ~ In all cases or proceedings before the Board, the
decision of the majority shall prevail. Decisions of the Board shall become final and executory fifteen
(15) days from receipt thereof. Only one (1) motion for reconsideration shall be filed with the Board.

Decisions in deportation cases may be appealed to the Secretary within fifteen (15) days from
receipt thereof, whose decision shall be final and executory unless stayed by an order of the Court of
Appeals.

‘SEC. 12. Period for Decision by the Board. - The Board of Commissioners shall decide
deportation cases within thirty (30) days from the date they are submitted for decision or resolution.

‘SEC. 13. Meetings of the Board. - In all cases, the Board of Commissioners shall convene
and act as a collegial body in all matters referred to in Section 10 of this Act. The Board shall meet at
least once a week or, if necessary, twice a week. Members of the Board shall be notified accordingly
and the presence of the Chairperson and two (2) members shall constitute a quorum.

CHAPTER 5
THE EXECUTIVE DIRECTOR

SEC. 14. Appointment and Tenure. — There shall be an Executive Director of the
Commission who shall be appointed by the President upon the recommendation of the Commissioner
and endorsement by the Secretary. The Executive Director must be a natura-born citizen of the
Philippines, at least thirty (30) years of age, Career Executive Service (CES) eligible and a member of
the Philippine Bar in good standing for at least five (5) years prior to the appointment.

SEC. 15. Powers and Duties. ~ The Executive Director shall

(a) Act as the Board Secretary in the meetings of the Board;

(b) Advise and assist the Commissioner in the formulation and implementation of the
objectives, policies, plans and programs of the Commission;

(c) Supervise all the operational activities of the Commission;

(4) Coordinate the programs and projects of the Commission and be responsible for its
economical, efficient and effective administration;

(e) Administer oaths in connection with ali matters relating to the business of the
Commission; and

(f) Perform such other duties as may be assigned by the Commissioner.

CHAPTER 6
THE BOARD OF SPECIAL INQUIRY

SEC. 16. Constitution of Boards of Special inquiry. - There shall be constituted as many
Boards of Special Inquiry (BSI) as required in the exigency of service but not more than twelve (12).
Each Board shall be composed of a Chairperson and two (2) members. The Overall Chairman of the
BSI shall sit as the Chairperson of the First Board of the BSI. The BSI shall be designated accor
to their areas of specialization to be determined by the Board.

‘SEC. 17. Appointment and Qualification of the Chairpersons and Members of the BSI. -
‘The Chairpersons and members of the BS! shall be appointed by the Commissioner, all of whom shall


1e of their appointment, at least thirty (30)
ing, and engaged in the practice of law for

be natural-bern citizens of the Philippines and, at the
years of age, members of the Philippine Bar in good star
at least three (3) years.

SEC. 18. Powers and Functions of the BSI. — The BSI shall:
(2) Recommend to the Board for final resolution cases and/or applications relative to:
(1) Deportation;
(2) Revocation of immigration status;
(3) Recognition of Philippine citizenship by reason of birth or marriage;
(4) Legalization of residence in accordance with iaw; and
(5) Issuance of visa for stateless person;
(b) __ Issue subpoena in cases being heard by the BSI;
(©) Cite and punish for contempt in the exercise of their quasi-judicial functions and in
accordance with the Rules of Court;
(4) Recommend to the Board the imposition, waiver or reduction of fees, fines, penalties
and other charges subject to existing laws, rules and regulations;
(e) Administer oaths;
(f) _Promulgate rules and regulations governing matters within its assigned mandate
subject to the approval of the Board; and
(g) Perform such other duties and functions as may be directed by the Commissioner
and the Board

SEC. 19. Proceedings Before the BSI. ~The proceedings before the BS! shall be public and
recorded. In all cases, the BSI shall meet and act as a collegial body. Only members of the Philippine
Bar in good standing shall appear for and in behalf of any party before the BSI

SEC. 20. Resolutions of the BSI. ~ Cases before the BSI shall be resolved within five (5)
working days from the date the same are submitted for resolution. Said resolution shall be submitted
immediately to the Board for action,

CHAPTER 7
DIVISIONS OF THE COMMISSION

‘SEC. 21. Divisions and Other Operating Offices of the Commission. — The Commission
shall have the following divisions and other operating offices, namely:

(1) Administration;

(2) Finance;

(3) __ Information and Communications Technology;

(4) Planning and Research;

(5) Intemational Policies and Cooperation;

(6) Social Integration;

(7) Inteligence;

(8) Law Enforcement;

(8) Fraud Prevention;

(10) Legal;

(11) Immigration Regulati

(12) Registration;

(13) Visa and Special Permi

(14) Complaint and Prosecution;

(15) Internal Audit Office;

(18) National Operations Center; and

(17) Immigration Academy of the Philippines.

SEC. 22. Heads of the Divisions and Other Operating Offices. — Each Division and other
operating offices shall be headed by a Director to be appointed by the Secretary, upon
recommendation of the Commissioner: Provided, however, That Directors for the Division for Legal
and the Division for Complaint and Prosecution shall be members of the Philippine Bar in good
standing, and must have been engaged in the practice of law for at least three (3) years. The Director
for Finance Division shall be a Certified Public Accountant in good standing for at least three (3)
years


SEC. 23. Duties and Functions of the Divisions and Other Operating Offices. — The
different divisions and other operating offices of the Commission shall have such number of officers
‘and employees to cary out their respective duties and functions as may be defined by the
Commissioner in the implementing rules and regulations.

SEC. 24. Immigration Officers. - No person shall be appointed to the position of
Immigration Officer unless he or she is a holder of a bachelor's degree and a first grade civil service
eligible. The Immigration Officers shall perform the following duties:

(2) _ Examine, with the assistance and advice of medical authorities in appropriate cases,
foreign nationals at the port of entry conceming their admissibility to enter and their qualifications to
remain in the Philippines;

(b) Exclude foreign nationals not properly documented, and to admit foreign nationals
complying with the applicable provisions of immigration and related laws;

(©) Administer oaths in connection with the performance of their duties;

(@)___ Search for foreign nationals on any vessel believed to be used to illegally bring
foreign nationals into the Philippines, and to take into custody without warrant any foreign national
who in ones presence or view is entering or is about to enter the Philippines in violation of immigration
and related laws, rules and regulations;

(e) Act as control officer with authority to prevent the departure of passengers not
complying with departure requirements; and

() Perform such other functions as may be assigned by the Commissioner from time to
time.

SEC. 25. Deployment of immigration Personnel Abroad. - Within ninety (90) days from
the effectivity of this Act, the Department of Foreign Affairs and the Commission shall promulgate the
implementing rules and regulations on the assignment and deployment of immigration personnel to
select consular posts abroad who shall, subject to the pertinent provisions of Republic Act No. 7157
or the “Philippine Foreign Service Act of 1991", perform immigration duties, except diplomatic and
consular functions.

CHAPTER 8
OTHER OFFICES

SEC. 26. Field Offices of the Commission. — The Commission shall operate and maintain
a field office in each of the administrative regions including the National Capital Region.

The field offices of the Commission shall each be headed by at least an Immigration Officer Il,
all of whom shall be designated by the Commissioner.

‘SEC. 27. Changes in the Composition, Distribution of Assignment of Field Offices. -
‘The Commissioner may make changes in the composition, distribution and assignment of field offices,
as well as its personnel, based on the demographics of the foreign nationals and as the exigency of
the service requires.

SEC. 28. Border Controf Stations. — There shail be established Border Control Stations
which shall be manned by Border Control Officers appointed by the Commissioner. The Border
Control Stations shall be placed in specific areas in the Philippines which shall be determined by the
Board.

TITLE
IMMIGRATION

CHAPTER 1
NON-IMMIGRANTS:

SEC. 29. Categories of Non-immigrants and Types of Visa Issued. ~ Foreign nationals
departing from any place outside the Philippines who are otherwise admissible and who qualify under
any one of the following categories may be admitted as non-immigrant

(2) __ Temporary visitors (A Visas): Visitors coming to the Philippines for a temporary period
for reasons of business, pleasure or health:


(1) _ Business (A-1 Visa): Temporary visitors engaged in activities of a commercial or
professional nature for a foreign employer or for themselves that will not result in
gainful employment in the Philippines. As used herein, the term “business” refers to
conventions, conferences, consultations and other legitimate activities of a
commercial or a professional nature, but does not include local employment or
labor for hire;

(2) _ Pleasure (A-2 Visa): Temporary visitors who stay in the Philippines for holiday,
including sightseeing, recreation or visiting relatives; and

(3) Health (A-3 Visa): Temporary visitors who stay in the Philippines to avail of
medical treatment.

(b) Transit Persons (B Visa): Persons passing through the Philippines solely for a "stop
over’ who have a confirmed connecting flight to another country or passengers in immediate and
continuous transit to a destination outside the Philippines;

(c) Crew members (C Visa): Members of the crew of vessels required for the normal
‘operation and servicing of the vessels who come to the Philippines temporarily as part of their jobs
either arriving with or coming to join the vessels;

(d) Treaty Traders (D-1 Visa) and Treaty Investors (D-2 Visa): Citizens and their family
members from a country that has a trade treaty with the Philippines and coming to work in the
Philippines for either a company they own or one that is at least fit percent (50%) owned by
nationals of their home country and which company is engaged in substantial trade between the
Philippines and their home country shall be granted a D-1 visa.

Citizens of a country that has an investor treaty with the Philippines, and their family
members, and coming to work in the Philippines for a business they own or one that is at least fifty
percent (50%) owned by nationals of their home country and which business is supported by a
substantial investment from nationals of their home country shall be granted a D-2 visa;

(e) Accredited Foreign Government Officials, Their Families and Household Member (E
Visas): Foreign government officials, their families and household members coming to the country for
official purpose, pursuant to intemational conventions and bitateral agreements, shall be granted E
Visas divided into four (4) types, namely:

(1) Persons eligible for E-1 Visa: The E-1 Visa shall be issued to the following classes

of foreign nationals:

i Heads of State andlor Heads of Goverment and their personal
representatives;

ii, Members of reigning royal famili
Philippine Government;

ili, Govemors-General, Governors, and High Commissioners of dependent
territories and their personal representatives;

iv. Cabinet ministers and their deputies, and officials with cabinet rank of

ministers;

Presiding officers of national legislative bodies

Justices or judges of the highest national judicial bodies;

Diplomats and career consular officials on foreign assignment in the

Philippines;

Military, naval, air and other attaches assigned to a diplomatic mission; and

Accompanying spouses and unmarried dependents of foreigners within the

abovementioned categories;

(2) _ Persons eligible for E-2 Visa: The E-2 visa shall be issued to an offcial of a foreign
government recognized by the Philippines, is a national of the country whose
government he represents, and is proceeding to the Philippines on a long-term basis
in connection with official business for his/her government

This category includes, inter alia, the following classes of foreign nationals:

i Administrative and technical members of the staff of a diplomatic or consular

mission;

ii Official participating in programs under the auspices of the Philippine

‘Government or recognized intemational institutions; and
iii, Accompanying spouses and unmarried dependents of foreigners within the
abovementioned categories;

from countries recognized by the

gE fee



(3) Persons eligible for E-2 Visa: The E-3 visa shall be issued to an official of a foreign
government recognized by the Philippines, is a national of the country whose
government he represents, and is proceeding to the Philippines on a short-term basis
in connection with official business for his/her government.

This category includes, inter alia, the following classes of foreign nationals

i. Diplomatic couriers regularly and professionally employed as such;

ii. All members of official special missions of a diplomatic character,
iii, Members of delegations proceeding to or from an intemational conference of

a diplomatic or official nature; and
iv. Such other officials going to the Philippines on diplomatic or official missions;
(4) Persons eligible for E-4 Visa: The E-4 Visa shall be issued to the private

‘employees and household members of persons to whom E-1 and E-2 visas have
been granted, as well as their immediate dependents;

All visas under Section 29(e) of this Act shall be exclusively issued and renewed by
the Department of Foreign Affairs, which shall also determine the type of E-Visa of Foreign
Government Officials not identified in the foregoing lists. The grant of immunities and
privileges shall be subject to applicable domestic and international law and international
agreements to which the Philippines is a party, as well as in consideration of the principle of
reciprocity.

(f) Students (F Visa): Foreign students having means sufficient for their support and
education in the Philippines who seek to enter the Philippines temporarily for the sole purpose of
taking up a course of study higher than high school at a university/seminary, academy or college
accredited to admit such foreign students by the Commission on Higher Education in coordination
with the Commission, including the monitoring of the status of activities of such foreign students in the
Philippines;

(g) Prearranged Employment (G Visa): Foreign nationals coming to the Philippines on
prearranged employment, including their family members accompanying or following to join them
within the period of their employment. This category includes intra-company transferees,
professionals, performing artists, athletes, and cultural exchange workers under a work exchange
program;

(h) Religious Workers (H Visa): Duly ordained or professional missionaries and religious
ministers, including members of their family, coming to the Philippines to join a religious congregation
or denomination duly registered with the Securities and Exchange Commission, upon invitation,
sponsorship or guarantee of such religious congregation or denomination, solely for the purpose of
propagating, teaching and disseminating their faith or religion;

(i) Representatives of International Organizations and Government Agencies (| Visa):
For purposes of this Act, the term “accredited international organization’, includes any public
intemational organization in the activities of which the Philippines participates pursuant to any treaty
‘or under the authority of any act of the Congress of the Philippines authorizing such participation or
making an appropriation for such participation and such other international organizations, institutions,
agencies, programs, foundations and entities which are recognized by the government of the
Republic of the Philippines, including those existing and already recognized as such at the time of the
effectivity of this Act.

Foreign officials and staff of accredited international organizations, including their dependent
family members, staff, and household members shall be granted |-Visas divided into four (4) types,
namely:

(1) Persons eligible for |-1 Visa: The /- Visa shall be issued to the principal officials of

international organizations, as well as their accompanying wives and dependents.

(2)Persons eligible for -2 Visa: The I-2 visa shall be issued to the other officials and staff of
international organizations, as well as their accompanying wives and dependents.

(3)Persons eligible for I-3 Visa: The |-3 visa shall be issued to offcials and staff of
interational organizations who will perform short-term official work with the international
organization upon its invitation.

(4) Persons eligible for I-4 Visa: The /-4 Visa shall be issued to the private employees
and household members of persons to whom E-1 and E-2 visas have been granted, as
well as their immediate dependents.

All visas under Section 29(i) of this Act shall be exclusively issued and renewed by the
Department of Foreign Affairs, which shall also determine the type of I-Visa of officials and staff of

10


International Organizations who are not identified in the foregoing lists. The grant of immunities and
privileges shall be subject to applicable domestic and international law, relevant Headquarters
Agreements, and international agreements to which the Philippines is a party.

(j) Media Workers (J Visa): Foreign media personnel or correspondents, duly accredited
by the government agency concerned, who are bona fide representatives of a foreign press, radio,
satelite, television, film, or other information media, and are coming to the Philippines solely to
‘engage in gathering information principally for dissemination abroad, including their family members
accompanying or following to join them during the period of the assignment in the Philippines;

(k) Exchange Visitors (K Visa): Foreign nationals entering the Philippines to teach,
study, observe, conduct research or receive training in a specific Exchange Visitor Program duly
approved by the Philippine Government;

(I) Refugees (L-1 Visa) and Stateless Persons (L-2 Visa): Refugees as defined in
Section 3 (2) hereof shall be issued L-1 Visa. Stateless persons, whose admission for humanitarian
reasons and not inimical to public interest has been approved by the Commissioner or the President
in such cases and under such conditions as he may prescribe, shall be issued L-2 Visa;

(m) __ Bridging Visa (M Visa): A temporary visa which allows a foreign national to stay in the
Philippines after his/her current visa, other than temporary visitor visa under Section 29(a), expires
and while his/her application for adjustment of status is being processed.

(n) Special Non-Immigrants (N Visas): Such other foreign nationals including their family
members who may be admitted as non-immigrants under special laws or foreign nationals not
otherwise provided for by this Act who are coming for temporary periods only, and whose admission Is.
authorized by the Commissioner or the President in the interest of the public or for humanitarian
considerations and under such conditions as he may prescribe.

CHAPTER 2
IMMIGRANTS

SEC. 30. Quota Immigrants. — Subject to conditions set forth in this Act, there may be
admitted into the Philippines, immigrants, otherwise known as “quota immigrants’, not to exceed two
hundred (200) of any one nationality based on immigration reciprocity for any one calendar year and
upon allotment by the Commissioner of the corresponding quota number. In the allotment of quota,
numbers, the following order of preference shalll be observed:

(a) First Preference: Those whose service and qualifications show high educational
attainment, technical training, specialized experience, or exceptional ability in the sciences, arts,
professions, or business as would reasonably enhance and contribute substantial benefits
prospectively to the national economy, or cultural or educational interests or welfare of the
Philippines, including their family members, accompanying or following to join them, who shall
likewise be allotted individual quota numbers;

(b) Second Preference: Parents of a naturalized Philippine citizen;

(c) Third Preference: Spouses or minor children of foreign nationals who are lawful
permanent residents of the Philippines; and

(d) Fourth Preference: Parents of foreign nationals who are lawful permanent residents
of the Philippines.

SEC 314, Allotment of Quota. — The Commissioner shall, with respect to the first preference,
allot not more than fifty percent (50%) of the annual quota allotment up to the end of June each year:
Provided, however, That if the fifty percent (60%) is not utilzed by the first preference, the balance
thereof shall be given to the second, third, and fourth preferences in accordance with Section 30 of
this Act. Any unused quota allotment for a calendar year cannot be carried over and utilized for the
ensuing calendar year.

SEC. 32, Basis in Determination of Quota Allotment. — The nationality of an immigrant
‘whose admission is subject to the numerical limitation imposed by Section 30 of this Act shall be that
of the country of which the immigrant is a national or a citizen. The nationality of an immigrant
possessing dual nationality may be that of either of the two countries regarding him/her as a national
or citizen if he/she applies for a visa in a third country. If he/she applies for a visa within one of the two
countries regarding him/her as a national or citizen, his/her nationality shall be that of the country in
which he/she files his/her application for a visa to enter the Philippines.

un


SEC. 33. Non-Quota Immigrants, — The following immigrants, known as ‘non-quota
immigrants”, may be admitted without regard to numerical limitation and immigration reciprocity

(a) The spouse of a Philippine citizen: Provided, however, That the abandonment and
failure to give support by the foreign spouse to his/her Filipino spouse and family, legal separation, or
termination of the marital status by annulment, declaration of nullity of marriage or divorce where the
cause is attributable to the foreign spouse, shall constitute grounds for cancellation of the immigrant
visa issued to the foreign spous:

(b)  Aperson of Filipino descent regardless of generation;

(©) Achild born to a foreign mother during her temporary visit abroad, the mother being a
lawful permanent resident of the Philippines, if accompanied by or coming to join the mother who
applies for admission within five (6) years from the birth of the child;

(4) A child born subsequent to the issuance of an immigrant visa to the accompanying
parent, the visa not having expired or revoked;

(e) A foreign national who had been previously lawfully admitted into the Philippines for
permanent residence who is returning from a temporary visit abroad to an unrelinquished residence in
the Philippines;

(f) A natural-born citizen who becomes a naturalized citizen of a foreign country and is
returning to the Philippines for permanent residence therein, including his/her spouse and minor
children accompanying or following to join him/her; and

(a) Spouse, parent, children, legitimate siblings of a foreign national who is gainfully
employed and holder of a permanent resident status for a period of seven (7) years.

CHAPTER 3
NATIVE-BORN FOREIGN NATIONAL,

SEC. 34. Status of Children Born to Immigrants. — A child born in the Philippines to
parents who are foreign nationals and lawful residents of the Philippines shall be deemed a native
born permanent resident.

SEC. 35. Status of Children Born to Nor-immigrants. ~ A child born to parents who are
both non-immigrants shall be deemed a native-born non-immigrant or temporary resident and may
remain in the Philippines only during the period of authorized stay of the parents, unless he/she
reaches the age of eighteen (18) years while continuously residing in the Philippines, in which case
he/she may apply for naturalization under existing laws or for an appropriate visa.

CHAPTER 4
ADJUSTMENT OF STATUS

SEC. 36. Conditions for Adjustment of Status of Forelgn Nationals. — The status of a
foreign national admitted into the Philippines as non-immigrant may be adjusted by the Board to that
of a foreigner lawfully admitted as a permanent resident if: (a) the foreigner makes an application for
‘such adjustment; (b) the foreigner is eligible to receive a quota or non-quota immigrant visa and is
admissible to the Philippines as a permanent resident: and (c) a quota immigrant visa, if such is the
case, is immediately available to him/her at the time of his/her application, without the need of first
departing from the Philippines. In all such cases, the personal appearance of the foreigner shall be
required during the consideration of his/her application

SEC. 37. Effect of Approval on Application for Adjustment. — Upon the approval of an
application for adjustment of status under the preceding section, the Commissioner shall record the
foreign national’s lawful admission as a permanent resident as of the date of the approval of the
application and shall be included as part of the quota for the calendar year in accordance with Section
30 of this Act.

SEC. 38. Adjustment of Status, When Not Allowed. — Adjustment of status under Section
36 of this Act shall not be applicable to a foreign national: (a) who has violated or is in violation of
immigration laws, rules and regulations unless the violation is without the fault of the foreign national
or for purely technical reasons; and (b) transients

SEC 39. Loss of Status. ~ A registered foreign national, except a temporary visitor, who fails
to retum to the Philippines within a period of one (1) year from departure shail loss his status.

12


Otherwise, such foreign national shall apply for an extension of the period within which to retum prior
to its expiration and pay the prescribed fees and charges therefor in order to maintain ones visa
category.

CHAPTER 5
DOCUMENTATION AND ADMISSION OF NON-IMMIGRANTS

SEC. 40. Documentary Requirements of Non-immigrants. — Non-immigrants must
present for admission into the Philippines valid passports issued by the governments of the countries
to which they owe allegiance or other travel documents showing their nationality and identity as
prescribed by regulations, a valid visa granted by the Philippine Consular Officer, if required, and such
other relevant documents as may be required under existing laws, rules, regulations, or multilateral or
bilateral agreements.

SEC. 41. Conditions and Period of Authorized Stay of Temporary Visitors. — The initial
period of authorized stay of a foreign national admitted as a temporary visitor under Section 29(a) of
this Act shall not exceed fifty-nine (59) calendar days from the date of arrival, subject to bilateral,
regional and multilateral visa agreements entered into by the Philippines; Provided, That the
conditions for extensions and total period of authorized stay shall be prescribed by the Commissioner:
Provided further, That during the foreign national's authorized stay: (a) he/she shall not take any
employment, whether paid or unpaid; (b) he/she shall not establish or join in any business; or (c)
he/she shall not enroll and become a student at a school, college, university, academy, or other
educational institution, unless he/she is granted, upon proper application, a conversion to another
immigration status provided under this Act.

SEC. 42, Conditions for Issuance of Pre-arranged Employment Visas. — A foreign
national who is coming to the Philippines for prearranged employment shall not be issued a non
immigrant visa referred to in Section 29(g) until the Consular Officer shall have received authorization
for the issuance of the same. Such authorization shall be given only upon the filing of a petition with
the Board establishing, among others, that no person can be found in the Philippines willing and
competent to perform the work or service for which the foreigner is desired and that the admission
would be beneficial to the public interest. The petition shall be under oath by the prospective employer
or the latter's representative in the form and manner prescribed by the Board.

If the Board finds that the petition complies with the requirements of the preceding paragraph
and of other regulations, it shall grant the petition and shall promptly transmit the authorization to the
Department of Foreign Affairs.

SEC. 43. Submission of Crew List and Passenger Manifest to the Commission. ~
Simultaneous to the vessel's departure from the port of origin, the master, captain, agent, owner or
consignee of any commercial vessel arriving to the Philippines shall submit to the Commission, within
a reasonable time prior to such arrival, the crew lists, passenger manifests and such other information
concerning the persons arriving on such a vessel. In the same manner and condition, the master,
captain, agent, owner or consignee of any commercial vessel departing from any port in the
Philippines shall submit to the Commission, within a reasonable time prior to such departure, the crew
list, passenger manifest and such other information concerning the persons departing on such vessel
The crew list of an incoming sea craft shall contain the appropriate visa granted by the Consular
Officer.

SEC. 44, Inspection of Crewmembers. ~ It shall be the duty of the master, captain, agent,
‘owner or consignee of any vessel arriving in the Philippines to have available on board, for inspection
by the Immigration Officer, any foreign crewmember employed on such vessel and to detain such
crewmember on board after inspection and to remove such crewmember when required by the
immigration authorities. No crewmember on board such vessel shall be discharged while the vessel is
in port without the permission of the Commissioner.

SEC. 45. Permission for Temporary Landing of a Foreign Crewmember. — A foreign
crewmember on a vessel arriving in the Philippines may be permitted to land temporarily under such
conditions as may be prescribed by the Commissioner. All expenses incurred by the Commission
while the crewmember is on land shall be borne by the master, captain, agent, owner or consignee of
the carrying vessel.

13


CHAPTER 6
DOCUMENTATION AND ADMISSION OF IMMIGRANTS

SEC. 46, Documentary Requirements of Immigrants; Instances When Not Required. —
Immigrants must present for admission into the Philippines valid passports or travel documents issued
by the government of the country to which they owe allegiance, showing their nationality and identity
and valid immigrant visas indicating the date of issue and the period of validity thereof. Immigrant
visas shall not be required of the following

(a) A child born subsequent to the issuance of a valid immigrant visa to the
accompanying parent;

(b) A child born during the temporary visit abroad of the mother who is a lawful
permanent resident of the Philippines and a holder of a valid reentry permit, if the child is
accompanied by either parent within five (5) years from the date of the child's birth; and

(c) A foreign national who is returning to an unrelinquished lawful permanent residence
in the Philippines after a temporary residence abroad and presents for admission a valid reentry
permit.

CHAPTER 7
VISA ISSUANCE

‘SEC. 47. Nature of Visa. — Nothing in this Act shall be construed to automatically entitle any
foreign national to whom a visa or other travel document has been issued to enter the Philippines if,
upon arrival at a port of entry, he/she is found to be inadmissible under this Act or any other law.

SEC 48, Visa Policy. - The policies governing the issuance, extension, renewal and
conversion of visas referred to in Sections 29 and 33 hereof shall be jointly formulated by the
Commission and the Department of Foreign Affairs and, when appropriate, in consuttation with
concerned government agencies and offices.

SEC. 49. Visa Issuance Abroad. - All visas issued abroad shall be done by Consular
Officers assigned at Philippine Foreign Service posts in the following manner:

(@) Upon approval by the Commissioner and recommendation of a Consular Officer, a quota
immigrant visa may only be issued to a foreign national who has made a proper application therefor,
which shall specify the foreign country, if any, to which the quota the number is assigned, the
immigrant’s particular status in such country, the preference to which the foreign national is classified,
the date on which the validity of the visa shall expire, and such additional information as may be
required; and

(b) The Department of Foreign Affairs, through its Consular Office abroad and/or the Office
of the Visa Director, shall approve the issuance of non-quota immigrant and non-immigrant visas to a
foreign national who has made a proper application therefor.

The issuance of special non-immigrant visas falling under the jurisdiction of a particular
government office or agency can only be done in coordination with and upon recommendation of the
government agency or office concerned.

SEC. 50. Requirements for Physical and/or Mental Examination Prior to Issuance of
Immigrant Visa. ~ Prior to the issuance of an immigrant visa to any foreign national, the Consular
Officer shall require such person to submit to a physical and mental examination in accordance with
such regulations as may be prescribed by the Commissioner.

‘SEC. 51. Visa Validity Perlod. — A single-entry non-immigrant or immigrant visa issued by a
Consular Officer abroad pursuant to Section 49 of this Act shall be valid for a period not exceeding
three (3) months: Provided: That in prescribing the validity period of a single-entry non-immigrant visa,
the Consular Officer may, insofar as practicable, allow a longer validity period based on reciprocity as
accorded by the foreign country to citizens of the Philippines who are within a similar class,

‘An immigrant visa may be replaced under the original number during the calendar year in
which the original visa was issued for a foreign national who establishes to the satisfaction of the
Consular Officer that he/she was unable to use the original immigrant visa during the period of its
Validity for reasons beyond his/her control: Provided, That the foreign national is found by the
Consular Officer to be eligible for another immigrant visa and has paid all the fees.

14


SEC. 52. Denial of Visa, Grounds Thereof — The Consular Officer may deny the
application for visa (a) if it appears from the statements in the application or in the documents
submitted the applicant is not eligible for a visa under this Act; or (b) if he/she fails to comply with the
requirements of the provisions of this Act.

SEC. 53, Revocation of Visa Issued by Consular Officer. — The Commissioner may, for
valid cause and upon confirmation by the Department of Foreign Affairs, revoke the visa issued by
any Consular Officer. If the notice of revocation is not received and the visa holder applies for
admission into the Philippines, his/her admission or entry shall be determined by the Immigration
Officer upon his/her arrival at the port of entry,

CHAPTER 8
RE-ENTRY AND EMIGRATION CLEARANCE

SEC. 54, Re-entry. — Every time a registered foreign national, except a temporary
Visitor, departs or is about to depart temporarily from the Philippines with the intention to return within
‘one (1) year from departure, the foreign national must secure from the Commission a re-entry permit
or if his/her authorized stay is less than one (1) year, a Special Return Certificate and pay the
corresponding fees and charges therefor,

SEC. 55, Emigration Clearance. ~ A registered foreign national who departs permanently
from the Philippines shall surrender all Philippine immigration documents to the Commission and
apply for and be issued an Emigration Clearance Certificate, subject to the following conditions:

(a) The immigrant has no pending obligation with the government or any of its agencies or
instrumentalities;

(b) The immigrant has no pending criminal, civil, or administrative proceeding which requires
continued presence in the country; and

(0) There is no ongoing legislative inquiry where the immigrant is called upon to testify as a
witness.

‘A temporary visitor departing from the Philippines shall, after the expiration of initial
authorized stay, apply for emigration clearance with the Commission and pay the prescribed fees and
charges therefor.

CHAPTER 9
PRESIDENTIAL PREROGATIVES

SEC. 56. Presidential Prerogatives. — Any provision of this Act to the contrary
notwithstanding, the President may:

(a) Deny the entry and admission into the Philippines of any foreign national or a class of
foreign nationals whenever the President finds that the entry would be detrimental to the interest of
the Philippines or impose such restrictions as he/she may deem appropriate;

(6) Waive passport and/or documentary requirements for non-immigrants and immigrants.
under such terms and conditions as he/she may prescribe;

(©) Change the status of non-immigrants by allowing them to acquire permanent
residence status without necessity of a visa;

(d) Deport any foreign national, subject to the requirement of due process;

(e) Admit nor-immigrants not otherwise provided for in this Act for humanitarian
considerations and when not detrimental to public interest, under such terms and conditions as
he/she may prescribe;

(f) Prohibit the departure from the Philippines of any person who is likely to disclose
national security information, or who is likely to organize a rebellion abroad against the Philippines, or
whose presence in the country is necessary to face, or be a witness in, criminal proceedings, and

(9) Exercise, with respect to foreign nationals in the Philippines, such powers as are
recognized by the generally accepted principles of international law.

TITLE IV
PROVISIONS RELATING TO ENTRY.

CHAPTER 1
CLASSIFICATION OF PORTS OF ENTRY

15


SEC. 57. Authority to Classify Ports. - The Commissioner shall classify and designate,
from among the ports of entry established by law for immigration purposes, limited or unlimited ports
‘of entry through which foreign nationals may be admitted into the Philippines. Only such classes of
foreign nationals as provided under the rules and regulations prescribed by the Commissioner may be
admitted at limited ports of entry. The Commissioner may, after due notice to the public, close
designated ports of entry in the interest of national security or public safety.

CHAPTER 2
PROCEDURES ON ARRIVAL

‘SEC. 58. Inspection by Immigration Officer. — A foreign national seeking admission or
readmission shall present ones valid passport and visa, if required, to the immigration officer at the
port of entry and shall be subject to primary inspection. The decision of the examining Immigration
Officer, if favorable to the admission of any foreigner, may be challenged by another Immigration
Officer. The final determination of admissibility of such foreign national shall be determined by the
Commissioner in case no resolution is reached between the Immigration Officers on the challenged
admission. In case of admission, the Immigration Officer shall indicate in the passport the date, the
port of entry and the identity of the vessel boarded,

SEC. 59, Detention or Quarantine for Examination. — For the purpose of determining
whether a foreign national arriving at any port in the Philippines belongs to any of the classes
excludable under this Act by reason of being afflicted with any of the contagious or communicable
disease or mental disorder set forth under Section 70(a) of this Act or whenever the Commissioner
has received information showing that foreigners are coming from a country or a place where any of
such diseases are prevalent or widespread, the foreigner shall be detained or quarantined for a
reasonable period of time to enable the immigration and medical officers to subject such person to
‘observation and examination.

SEC. 60. Medical Examination Requirement. — Any arriving foreign national whom the
examining Immigration Officer believes to belong under the class of excludable foreign nationals
specified in Section 70(a) herein shall be referred to designated medical officers for physical and
mental examination. Such medical officer shall certify his/her findings for the information of the
Immigration Officer.

SEC. 64. Arrival Notice Requirements of Vessel. — The immigration authorities shall be
given prior notice of the arrival of any civilian vessel before such vessel comes into any area in the
Philippines from any place outside thereof. Such prior notice shall not be required in the case of
vessels with scheduled arrivals filed with the Immigration Officer in charge at the international port of
entry.

If, upon arrival in any area other than the designated port and there is no available
Immigration Officer therein, the master, pilot, captain, agent or consignee shall not allow the
Passengers and crew members to disembark or leave the primary inspection area until the
immigration officer shall have conducted the primary inspection formalities.

‘SEC. 62. Contents of Notice of Arrival. — The advance notice of arrival required in the
preceding section shall specify the following:

(2) Type of vessel and registration marks;

(b) —Visaed crewii

(0) Passenger manifest;

() Port of last departure:

(e) Intemational port of intended destination, or other place authorized by the
Commissioner;

() Estimated time of arrival; and

(9) Authorized agent or representative at the place of arrival.

CHAPTER 3
FOREIGN CREWMEMBER

16


SEC. 63. Conditional Permit to Disembark. — A foreign crewmember of a vessel under
Section 29(c) of this Act may be granted a conditional permit, in a form prescribed by regulations, to
disembark temporarily from the vessel on which he/she arrived while such vessel remains in port
under such terms and conditions as may be prescribed by the Commissioner.

‘SEC. 64, Confiscation and Cancellation of Permit; Deportation from the Philippines. —
Upon the determination that the foreign national is not a bona fide crewmember or does not intend to
depart on the vessel that brought him, the Commissioner shall cancel and confiscate the conditional
permit already issued, take such foreign national into custody, and require the owner, operator,
captain, master, pilot, agent or consignee of the vessel on which the foreigner arrived to receive and
detain hinvher on board. The expenses for removal of the foreign national, including the cost of
detention and other expenses incidental thereto, shall be borne by the owner, operator, captain,
master, pilot, agent or consignee of such vessel.

SEC. 65. Liability for Overstaying Foreign Crewmen. — A foreign crewmember who
remains in the Philippines in excess of the period allowed in the conditional permit issued to him shall
be solidarily liable with the owner, operator, captain, master, pilot, agent or consignee of the vessel to
Pay the penalties prescribed in Section 115 of this Act.

SEC. 66. Liability for Unauthorized Discharge of Foreign Crewmember. — It shall be
unlawful for any person, including the owner, operator, captain, master, pilot, agent or consignee of
any vessel to discharge any foreign crewmember employed by a vessel arriving in the Philippines and
whilst in port, without first obtaining the prior permission of the Commissioner. Otherwise, such person
or owner, operator, captain, master, pilot, agent or consignee of the vessel shail pay the Commission
such fines as may be prescribed under this Act. No such vessel shall be granted clearance from any
port in the Philippines while such fines remain unpaid or while the validity thereof is being determined
Provided, That a clearance may be granted prior to such determination upon deposit of a sum or cash
bond sufficient to cover such fines as approved by the Commissioner.

‘SEC. 67. Duty to Report Desertion or illegal Landing of Foreign Crewmember. —The
owner, operator, captain, master, pilot, agent or consignee of any vessel shall immediately report, in
waiting, to the Immigration Officer all cases of desertion or illegal disembarkation in the Philippines
from the vessel, together with a description of such foreign nationals and any information that shall
result in their apprehension.

SEC. 68. Requirement for Submission of List of Newly Employed, Discharged and
Landed Foreign Crewmember. — Prior to the departure of any vessel from the last port in
pines destined to any place outside thereof, the owner, operator, captain, master, pilot,
agent or consignee thereof shall deliver to the Immigration Officer at that port a list containing:

(a) The names of crewmembers who were not employed thereon at the
vessel's arrival on such port but will depart thereat on the same vessel;

(b) the names of those, if any, who have been discharged;

(c) __ the name of those who have deserted or illegally landed at that port, if any; and

(d) such other additional information as the Commissioner deems necessary.

ie of the

SEC. 69. Liability for Failure to Submit Complete, True and Correct Report. — The
owner, operator, captain, master, pilot, agent. or consignee who fails to submit a true and complete
list or report of foreign nationals or to report cases of desertion or illegal landing shall pay to the
Commission such sum as may be prescribed under this Act. No such vessel shall be granted
clearance from any port in the Philippines while such fines remain unpaid or while the validity thereof
is being determined: Provided, that clearance may be granted prior to such determination upon
deposit of a sum or cash bond sufficient to cover such fines as approved by the Commissioner.

CHAPTER 4
EXCLUSIONS

SEC. 70. Exclusion Grounds. - The following classes of foreign national shail not be allowed

entry and shall be excluded from the Philippines:
(@) _ Health Related Grounds

7


(b)

(e)

@)

1, Those who are found to be suffering from a communicable, dangerous or
contagious disease, unless excepted under existing laws, rules and regulations;

2. Those who are found to be suffering from mental disorder or associated behavior
that may pose threat to persons or danger to property;

3. Those who ate found to be suffering from addiction to prohibited or regulated
substance;

Economic Grounds

1, Those likely to become a public charge;

2. Those seeking entry for the purpose of performing skilled or unskilled labor,
without a permit from the Secretary of the Department of Labor and Employment
as required by law;

Moral Grounds

1. Those coming to the Philippines to practice polygamy or who advocate the
practice of polygamy unless the person's religion allows such practices;

2, Those who are pedophiles, sexual perverts or those coming to the Philippines for
immoral purposes;

3. Those who are engaged or who seek to engage in prostitution or to procure ot
attempt to procure prostitutes, or who receives in whole or in part the proceeds of
prostitution;

4, Those who, at the time of primary inspection, by the Immigration Officer exhibit
any obnoxious behavior, contempt or disrespect for the said officer or any
government official or Commission;

Criminal and Security Grounds

4. Those who have been convicted of a crime involving moral turpitude or who admit
to the Immigration Officer having committed such crime, or who attempt and
conspire to commit the crime;

2. Those who have been convicted, or who admit having committed, or are
committing acts which constitute the elements of a violation or conspiracy to
violate any law or regulation of the Philippines or a foreign country relating to a
controlled, regulated or prohibited substance, or who admit having attempted or
conspired to commit the crime;

3. Those that the Philippine Government knows or has reason to believe is a
trafficker of any controlled, regulated or prohibited substance or knows or has
reason to believe is or has been an accomplice, accessory, abettor, or co-
conspirator in the illicit trafficking of any controlled, regulated or prohibited
substance;

4, Those who are fugitives from justice;

5. Those who seek to enter the Philippines to engage in’

a. Espionage or sabotage, or a violation or evasion of any laws prohibiting
export of goods, technology or sensitive information;

b. Any activity aimed to promote membership in an organization of syndicated
criminal activities;

¢. Any activity, the purpose of which is to overthrow the Philippine
government by force, violence or other unlawful means; and

d. Any other unlawful activity,

6, Those who are engaged or believed to be engaged or likely to engage in, aid, abet
or finance any terrorist activity and members or representatives of a foreign
terrorist organization;

7. Those who have been identified by competent authorities, local or foreign, as
having engaged or are engaging in human trafficking and smuggling;

8. Those who are under fifteen (15) years of age and unaccompanied by or not
coming to a parent, except that they may be admitted in the discretion of the
Commissioner, if otherwise admissible: Provided, that they present a written
consent to travel from either parent citing the purpose thereof and affirmed by a
Consular Officer; and

9, Those who have been identified by competent authorities, local and foreign, as
having engaged or are engaging in importation of contrabands and other
prohibited articles into the country.

is


SEC. 71. Temporary Custody of Excludable Foreign Nationals. — For the purpose of
ascertaining whether a foreign national arriving in the Philippines belongs to any of the excludable
classes of foreign national provided for in this Act or related laws, the Immigration Officer, for a period
not exceeding seventy-two (72) hours, may temporarily take into custody for investigation such foreign
national either on board the vessel or at a place designated for the purpose at the expense of the
master, captain, agent, owner or consignee of the carrying vessel.

SEC. 72, Finality of Exclusion Order. — An order by the Immigration Officer to exclude a
foreign national who is excludable under Section 70 hereof is final and executory unless revoked by
the Commissioner upon a timely appeal prior to the implementation of the exclusion order.

SEC, 73. Authority to Waive Grounds for Exclusion. — Except for grounds of exclusion
under Section 70(d), subparagraphs 1 to 7 and 9, the Commissioner may waive any of the grounds
for exclusion mentioned therein.

SEC. 74. Procedure of Removal and Cost Thereof. — Any foreign national arriving in the
Philippines who is ordered excluded shall be immediately removed in the same accommodation to the
country where he/she boarded the vessel on which he/she arrived, unless the Commissioner
determines that immediate removal is not proper and practicable. The cost of detention and other
expenses incidental thereto shall be borne by the owner, operator, master, pilot, captain, agent or
consignee of the vessel on which he/she arrived.

SEC. 75, Country Where Removal Is to be Directed. — If the government of the country
designated in the preceding section will not accept the foreign national into its territory, the removal of
the foreign national shall be directed by the Commissioner's discretion and without necessarily giving
preference, either to:

(a) The country which he/she is a citizen or national;

(b) The country of birth;

(c) The country of the foreign national’s habitual residence; or

(d) The country willing to accept the foreign national into its territory, if removal to any of
the foregoing countries is impractical or impossible.

SEC. 76. Obligation of Owner, Operator, Master, Captain, Pilot, Agent or Consignee. —
It shall be unlawful for an owner, operator, master, captain, pilot, agent, or consignee of a vessel to
refuse or fail to:

(@) Board a foreign national ordered excluded and removed under Section 70 hereof in the
same vessel or another vessel owned or operated by the same company;

(b) Detain a foreign national on board any such vessel at the port of arrival when required
by this Act or when so ordered by an Immigration Officer;

(c) Deliver a foreign national for medical or other examinations when so ordered by such
officer;

(d) Remove a foreign ni
removal has been directed; or

(e) Pay the cost of detention and other expenses incidental thereto of a foreign national

red while being detained as required by Section 74 of this Act or other costs necessary or
incidental to his removal as provided in this Act.

ional from the Philippines to the country to which the individual's

SEC. 77. Penalty for Non-compliance of Obligation. — The owner, operator, master,
captain, pilot, agent, or consignee of a vessel who violated Section 76 hereof shall pay the fines
prescribed under this Act. No such vessel shalll be granted clearance from any port in the Philippines
while such fines remain unpaid or while the validity thereof is being determined: Provided, That
clearance may be granted prior to such determination upon deposit of a sum or cash bond sufficient
to cover such fines as approved by the Commissioner.

TITLEV
DEPORTATION

CHAPTER 1
DEPORTABLE FOREIGN NATIONALS

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SEC. 78. Classes of Deportable Foreign Nationals. - The following foreign nationals shall
be taken into custody upon the order of the Commissioner and deported upon recommendation by the
Board of Special Inquiry and approval by the Board:

(a) Those who entered the Philippines by means of false and misleading statements or
documents, misrepresentations or without inspection and admission by the immigration authorities;

(b) Those who entered the Philippines who were not lawfully admissible at the time of

entry;

(c) Those who abet or aid in the practice of prostitution, including the owner or manager of
a prostitution den, or are pedophiles;

(d) Those who, at any time after the date of entry, have become a public charge;

(e) Those who remain in the Philippines in violation of any period of limitation or condition
under which they were admitted;

() Those who believe in, advise, advocate or teach the overthrowing by force and violence
of the Government of the Republic of the Philippines, or duly constituted authority, or those who do
not believe in or are opposed to organized governments, or those who advise, advocate or teach the
assault or assassination of public officials by reason of their office, or those who advise, advocate or
teach the unlawful destruction of property, or those who are members of or affiliated with any
organization entertaining, advocating or teaching such doctrines, or those who in any manner
whatsoever extend assistance, financial or otherwise, in the dissemination of such doctrines;

(g) Those who, at any time after entry, engage in, abet, aid or finance any terrorist activity;

(h) Those who, at any time after entry, are charged of a crime involving acts or omissions
punishable under Philippine penal laws cognizable by the Regional Trial Courts and the
‘Sandiganbayan,

(Those who, at any time after entry, are convicted by final judgment of a crime involving
moral turpitude which is punishable under Philippine penal laws and cognizable by the first level
courts;

() Those who were admitted as non-immigrants and who obtained an adjustment of their
admission status for convenience, or through fraud, falsification of documents, misrepresentations or
concealment of material facts;

(kK) Those who violated Philippine labor and taxation laws, rules and regulations;

() Those who are found to be undesirable and whose further stay in the Philippines is
inimical to public welfare and interest, or the dignity of the Filipinos, or the Republic of the Philippines
as a sovereign nation;

(m) Those who forge, counterfeit, alter or falsely make any document; or use, attempt to
use, possess, obtain, accept or receive or provide any forged, counterfeit, altered or falsely made
document; or use, attempt to use, provide, attempt to provide, accept or receive a genuine document,
even of another person, without authority to do so for the purpose of satisfying or complying with the
requirements of the Commission;

(n) Those whose presence or activities in the country may resuit in adverse consequences to
Philippine foreign policies as determined by the Secretary of Foreign Affairs;

(0)Those who misrepresented themselves as Filipino citizens in all immigration matter; and

(p) Those who commit any violation of the provisions of this Act, independent of any
criminal action which may be brought against them: Provided, however, That in the case of a foreign
rational who, for any reason, is convicted and sentenced to suffer both imprisonment and deportation,
said foreign national shail first serve the entire period of the sentence before being deported

‘SEC. 79. Non-Prescription of Deportation Cases. — The right of the State to initiate at any
time deportation proceedings shall not prescribe.

SEC. 80. Nature of Deportation Proceedings. - Deportation proceedings shall be
independent of any action that may be instituted against a foreign national: Provided, That no
deportation orders shall be issued against foreign nationals facing preliminary investigation,
prosecution and trial before competent authorities.

CHAPTER 2
DEPORTATION OF FOREIGN NATIONALS.

SEC. 81. Formal Charge of Deportation. ~ A formal charge for deportation shall be issued
upon determination of the existence of a prima facie case against the foreign national,

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SEC 82. Bail. — Pending final determination of the foreign national’s deportation case, the
foreign national shall, upon the discretion of the Commissioner: (a) remain under detention; or (b) be
released on bail or recognizance. The bail may be revoked and confiscated in favor of the
government if there is sufficient evidence that the foreign national is evading the proceedings or is
attempting to abscond, in which case he/she shall be taken into custody and placed under detention
by order of the Commissioner.

SEC. 83, Custody of a Foreign National Convicted of a Felony or an Offense. ~ After
service of the sentence or compliance with the conditions of parole or probation, as the case may be,
the foreign national shall be taken into custody for immediate deportation by order of the Board,

SEC. 84. Voluntary Deportation, When Authorized. — In case the foreign national does not
contest the formal charge against and opts to voluntarily leave the country at the own expense of the
foreign national, the Commissioner may waive the deportation proceedings and order the departure
within the period specified in the voluntary deportation order: Provided, That the foreign national has
not committed any criminal offense or has no pending criminal investigation: Provided, further, That
the said foreign national so deported shall be barred from re-entering the country without prior written
authorization from the Commissioner.

SEC. 85. Period to Enforce Order of Deportation. - The order of deportation shall be
enforced immediately but in no case shall exceed three (3) months from the date it has become final
and executory. If deportation is not enforced within the prescribed period, the foreign national may be
released on bail or recognizance.

SEC. 86. Suspension of Deportation Order. - The Commissioner may suspend the
implementation of the deportation order and order the release of the foreign national on bail or
recognizance, taking into account the following factors:

(a) Age, health, family or conduct;

(b) Period of detention;

(c) Impact on national security and public welfare;

(d)_ Unavailability of travel documents;

(e) Existence of an application for refugee or statelessness status; or

() Other humanitarian considerations.

SEC. 87. Reinstatement of a Deportation Order. - A deportation order previously
implemented against a foreign national who unlawfully re-entered the Philippines shall be deemed
automatically reinstated and shall be implemented in accordance with this Act. This provision shall
also apply to a foreign national who departed voluntarily under Section 84 hereof.

SEC. 88. Country of Destination of a Deportee. — Except as provided for under existing
treaty or Intemational agreement, a foreign national shall be deported to the country of which the
person is a citizen or national, or to the country of birth of the individual, or to the country of which the
individual is a resident, or to the country from which the individual embarked for the Philippines,
subject to the acceptance by the receiving country,

SEC. 89. Cost of Deportation. - The cost of deportation shall be borne by the owner,
operator, captain, master, pilot, agent or consignee of a vessel in case its foreign crewmember is to
be deported for violation of Section 90 of this Act. In all other cases, the cost of deportation shall be
borne by the deportee himselfiherself, the concerned consular office, nongovernment organizations or
people's organizations with which the Commission has an agreement on this matter, or from the
appropriations for the enforcement of this Act

SEC. 90. Liability of Owner, Operator, Captain, Master, Pilot, Agent or Consignee of a
Vessel, — Failure or refusal on the part of the owner, operator, captain, master, pilot, agent or
consignee of a vessel to take on board, guard safely and transport the deportee to the foreign
national’s country of destination, or to shoulder the cost of deportation of the foreign crew member as
provided in Section 89 hereof, shall be punished by an administrative penalty prescribed under this
Act.

SEC. 91. Expenses of Accompanying Person. - The Commissioner may, for security

a4


reason or by reason of the mental or physical condition of the deportee, direct an employee of the
Commission to accompany such deporte to the country of the person's destination, subject to the
provisions of the immediately preceding sections.

CHAPTER 3
INDIGENT FOREIGN NATIONAL

SEC. 92, Removal of indigent Foreign National. - At any time after entry, the
‘Commissioner may remove indigent foreign nationals from the Philippines to the country of which they
are citizens or nationals, or country of birth, or country of residence, as the case may be. The cost of
deportation may be charged against the available funds of the Commission. Any foreign national
removed under this section shall be barred re-admission except upon written authorization of the
Board of Commissioners.

This provision shall not apply to a foreign national declared as an indigent by any Philippine
court for purposes of filing a case or to pursue a cause of action which resulted in the individual's
indigency until such action is resolved with finality: Provided, That no other grounds for deportation
exist during the pendency of the same.

TITLE VI
MISCELLANEOUS PROVISIONS

CHAPTER 1
REGISTRATION OF FOREIGN NATIONALS

SEC. 93. Requirement of Registration. — All foreign nationals shall register with the
‘Commission or any Immigration Office nearest to the place of residence on or before the sixtieth (60”)
day of his/her latest arrival in the Philippines.

SEC. 94, Registration Form and Oath. — Applications for registration shall be under oath
and in such form as prescribed by the Commission, Upon registration, a certificate of registration shall
be issued by the Commission to the registrant. In case of loss or destruction of the certificate, a
replacement thereof may be issued by the Commission upon proper application and payment of
prescribed fees.

SEC. 95. Amendment of Registration. — A registered foreign national shall notify the
Commission in writing of any change of information in the person's registration documents not later
than seven (7) days thereof.

SEC. 96. Presentation of Certificate of Registration. — Every foreign national required to
register under this Act or the parent or guardian of such foreign national shall, upon demand of any
personnel authorized by the Commissioner, present a certificate of registration of the individual, and
failure to do so without justifiable cause shall be dealt with in accordance with the provisions of this
Act.

SEC. 97. Reportorial Requirements. — Every foreign national registered under this Act
shall, within the first sixty (60) days of every calendar year, report in person to the Commission. The
‘Commissioner may exempt personal appearance of foreign nationals registered under this Act subject
to certain requirements and conditions as may be prescribed in the rules and regulations issued for
the purpose.

SEC. 98. Failure to Comply with Requirements. — A foreign national, or the parent or
guardian of the foreign national, as the case may be, who, without justifiable reason, fails to comply
with all the requirements under this Act, or who files an application for registration containing
statements known by the individual to be false, or who utilizes registration documents other than that
of the individual, shall be dealt with in accordance with the provisions of this Act and other existing
laws,

SEC. 99. Cancellation of Registration of Foreign National. — In case of death of a foreign

national registered under the provisions of this Act, the legal heir, representative or administrator of
the foreign national must inform the Commission within sixty (60) days from death and the

22


‘Commission shall cancel such registration. The Local Civil Registrar or other civil registry officer of the
locality where said foreign national died shall furnish the Commission with a copy of the Certificate of
Death within thirty (30) days from issuance thereof. Failure on the part of the persons concerned to
comply with the requirements of this section shall be dealt with pursuant to the provisions of existing
laws.

CHAPTER 2
BONDS AND DEPOSITS

SEC. 100. Bonds, When Required. — The Commission shall have the authority to require
cash bonds in such amounts and under such conditions as it may prescribe:

(a) To control and regulate the admission into, and departure from, the Philippines of
foreign nationals applying for temporary admission;

() To insure against foreign passengers liable to be excluded as likely to become public
charges; and

(c) To insure the appearance of foreign nationals released from custody during the course
of deportation proceedings instituted against them.

SEC. 101. Requirement of Cash Deposits for Overtime Services, — The Commission shall
likewise have the authority to require cash deposits in such amounts as may be necessary from
vessel's owner, operator, captain, master, pilot, agent, or consignee or other persons served to cover
payments for overtime services to be performed by officers and employees of the Commission,

‘SEC. 102. Cancellation and Forfeiture of Bonds. - When the conditions of the bond are
fulfilled, or in case of a bond posted to insure against a foreign national becoming a public charge,
when the Commissioner decides that the likelihood no longer exists, or death of the foreign national in
whose behalf the bond is posted, the bond shall be cancelled and released to the depositor or the
legal representative of the foreign national. In case of violation of the conditions of the bond, the same
shall be forfeited and deposited in a trust fund account which may be utilized for the purchase of
passage tickets for removal of indigent foreign nationals and to cover the costs of operations in
locating deportes who jump bail.

CHAPTER 3
RECOGNIZANCE

SEC. 103. Petitions for Recognizance, Sanction for Breach of Conditions. — The
Commissioner may order the release of a foreign national upon recognizance of the individual's
lawyer or a person who Is of good standing in the community, under such terms and conditions as
he/she may prescribe. Fallure to comply with the terms and conditions of the recognizance shall
subject said lawyer or person to a fine of not less than Fifty thousand pesos (P50,000,00) but not
more than One hundred thousand pesos (P100,000.00), without prejudice to other administrative
sanctions and/or proceedings against the erring party.

CHAPTER 4
COOPERATION AND COORDINATION WITH OTHER OFFICES

SEC. 104, Working Cooperation with the Department of Foreign Affairs. - For purposes
of efficient implementation and administration of this Act, the Commission shall maintain a working
cooperation with the Department of Foreign Affairs,

SEC, 105, Working Cooperation with the Commission on Higher Education. - The
Commission shall maintain a working cooperation with the Commission on Higher Education with
respect to accreditation of schools and learning centers for enrolment of foreign students as
authorized under this Act.

SEC. 106. Coordination with Law Enforcement, Security and Other Offices. — The
Commissioner shall have authority to maintain coordination with the National Security Council, the
Philippine National Police, and other law enforcement agencies of the government.


CHAPTER 5
FEES AND CHARGES

SEC. 107. Authority of the Commissioner to Prescribe, Impose and Collect Fees and
Charges. — The Commissioner is authorized to prescribe, impose and collect fees and charges for
services rendered pursuant to the provisions of this Act.

CHAPTER 6
ADMINISTRATIVE FINES AGAINST VESSELS

SEC. 108. Fine for Failure to Submit Crew List or Passenger Manifest, or Failure to
Account Every Passenger and Crew. — Any pilot, master, agent, owner or consignee of a vessel
arriving at any port in the Philippines from a place outside thereof who fails to submit to the
immigration authorities a complete and accurate crew list or passenger manifest, or fails to produce or
account every crewmember or passenger whose name appears in said list or manifest shall be
subject to fines of One hundred thousand pesos (P100,000.00) and Fifty thousand pesos
(P50,000.00) for each unaccounted person, respectively.

SEC. 109. Fine for Violation of Obligation on the Landing or Removal of Foreign
Nationals. — A pilot, master, agent, owner or consignee of any vessel arriving at a port of the
Philippines from a place outside thereof for having a foreign national on board in violation of this Act
shall be fined not less than Fifty thousand pesos (P50,000.00) but not more than Two hundred
thousand pesos (P200,000.00) for each act of violation consisting of:

(a) _ Failure to prevent the landing of such foreign national in the Philippines at any time or
place other than as designated by the immigration officer,

(b) Refusal or failure to pay the cost of maintenance and other costs, as required by
Section 71 of this Act, of such foreign national when temporarily removed from the vessels for
examination by order of the immigration officer,

(c)__ Refusal to receive such foreign national on board for removal from the Philippines if the
foreign national is excluded, or to pay the cost of removal, if by another vessel as required under
Section 76 of this Act;

(4) Making any charge against such foreign national for the cost referred to in (b) above, or
for the cost of the removal of the foreign national from the Philippines if the latter is excluded, or
taking any security from the foreign national for the payment of any such costs.

SEC. 110. Fine for Bringing Undocumented Foreign National, or Foreign National
Afflicted with Communicable or Contagious Disease, or Suffering from Mental Disorder. — Th
pilot, master, agent, owner or consignee of the vessel arriving at a port in the Philippines from a place
‘outside thereof bringing on board an undocumented foreign national shall be fined One hundred
thousand pesos (P100,000.00) for each foreign national. If the foreign national is afficted with a
communicable or contagious disease or is suffering from mental disorder, the fine shall be not less
than Two hundred thousand pesos (P200,000.00) but not more than Three hundred thousand pesos
(P300,000.00) for each foreign national.

SEC. 111. Fine for Bringing a Foreign National to Assist His Ilegal Entry or
Misrepresenting a Foreign National as a Member of the Crew. — The pilot, master, agent, owner
or consignee of the vessel arriving at any port in the Philippines from a place outside thereof bringing
on board a foreign national bound for the Philippines to assist the illegal entry of the foreign national,
or misrepresenting the foreign national to the Immigration Officer at the port of arrival as a bona fide
member of the crew, shall be fined not less than One hundred thousand pesos (P 100,000.00) but not
more than Two hundred thousand pesos (P200,000.00) for each foreign national.

SEC. 112. Fine for Violation of Other Provisions of this Act. — The pilot, master, agent,
‘owner or consignee of any vessel arriving at any port of the Philippines from a place outside thereof
who violates any other provision of this Act not specifically provided in this Chapter shall be fined not
less than Fifty thousand pesos (P50,000.00) but not more than Two hundred thousand pesos
(P200,000.00) for each violation.

CHAPTER 7
OTHER PENAL PROVISIONS

24


SEC. 113. Other Prohibited Acts and Penalties Thereof. ~ Any person who shall commit
any of the acts specified hereunder shall, upon conviction, suffer the penalty of prision correccional in
its maximum period to prision mayor in its minimum period or a fine of not less than One hundred
thousand pesos (P100,000.00) but not more than Five hundred thousand pesos (P500,000.00) or
both, at the discretion of the court:

(a) Impersonates another individual, or falsely appears in the name of a deceased
individual, or evades the immigration laws by using an assumed or fictitious name when applying for
an immigration document;

(b) Issues or otherwise disposes of an immigration document or an immigration
‘accountable form, to any person not authorized by law to receive such documents;

(c) Obtains, manufactures, prints, accepts or uses any immigration or travel document
knowing It to be false or uses immigration accountable form that is not legally issued;

(a) _ Enters the Philippines without inspection and admission by the immigration authorities,
or obtains entry into the Philippines by fraud, misrepresentation, or concealment of material facts;

(e) Misrepresents himself/herself to be a Philippine citizen;

() Knowingly makes under oath any false statement regarding any immigration matter; or

(g) Brings into, or lands in the Philippines, or conceals, harbors, employs, or gives comfort
to any person not duly admitted by any Immigration Officer or not lawfully entitled to enter into or
resides within the Philippines, or attempts, conspires with, or aids another to commit any such acts.

‘Where the offender of any acts specified in paragraph (g) of this section is a corporation,
company, partnership or other juridical entity, the president, general manager, managing partner, or
chief executive officer thereof shall be held liable. Dismissal of the employee by the employer before
or after apprehension shall not relieve such employer from any liability arising from the offense:
Provided, That if the offender is the pilot, master, agent, owner, consignee, or other person in charge
of the vessel which brought the foreign national into the Philippines from any place outside thereof,
the fine imposed under this section shall constitute a lien against the vessel which may be enforced in
the same manner as fines are collected and enforced under existing laws. Such vessel shall not be
allowed to depart without prior clearance issued by the Commission. Where forfeiture is justified under
the particular circumstances of the case, the forfeiture of the vessel in favor of the government in lieu
of the fine shall be decreed,

Conviction by final judgment of any offense punishable under this Act or other related laws
shall result in the automatic revocation or cancellation of any immigration document issued to the
offender, including that of the foreign national’s spouse and unmarried children, if applicable.

SEC, 114. Penalty for Non-compliance of Subpoena. — Any person who, having been duly
served with a subpoena, fails to comply without valid and justifiable reasons shall, upon conviction,
suffer the penalty of imprisonment of not more than fifteen (1) days or a fine of not more than One
thousand pesos (P1,000.00), or both, at the discretion of the court.

SEC. 115. Penalty for an Overstaying Crewmember. — Any foreign crewmember who
wilfully remains in the Philippines beyond the period allowed for temporary landing shall, upon
conviction, suffer the penalty of imprisonment of six (6) months or fine of not less than Fifty thousand
pesos (P50,000.00) but not more than One hundred thousand pesos (P100,000.00), or both, at the
discretion of the court.

SEC. 116, Imposition of Maximum Penalty, When Applicable. ~ A person convicted under
Republic Act No. 3019, as amended, otherwise known as the “Anti-Graft and Cormupt Practices Act",
or other laws against corruption and bribery who shall violate or circumvent any provisions of this Act
shall, upon conviction, suffer the maximum penalty for such offense as provided under this Act.

CHAPTER 8
UPGRADING OF COMPENSATION AND BENEFITS

SEC. 117. Creation and Upgrading of Compensation. ~ The basic monthly compensation
of the following officials and employees of the Commission shall be as follows:

Position Salary Grade
From To
‘Commissioner Il 30 30
Deputy Commissioner Ill 29 29

25


Executive Director - 28

Attorney V 25 28
Deputy Executive Director | 25 27
Chief Administrative Officer 24 27
Chief Immigration Officer 24 27
Intelligence Office V 24 27
Information Technology Officer Ill 24 27
Attorney IV 23 27
Attorney Il 24 26
Attorney I! 18 25
Intelligence Office IV 22 25
‘Supervising Immigration Officer 22 25
‘Supervising Administrative Officer 22 28
Accountant Ill 19 25
Attorney | 16 24
Senior Immigration Officer 19 23
‘Administrative Officer V 18 23
Border Control Officer - 22
Intelligence Officer Ill 18 2
Immigration Officer Ill 16 21
Intelligence Officer I! 16 19
Immigration Officer Il 13 19
Immigration Office | " 7
Intelligence Officer | " 7

‘On the recommendation on the Commissioner, the Board shall have the authority to reorganize,
upgrade, or otherwise make adjustments in, the offices of the Commission as required by the
implementation of this Act: Provided, That to the extent possible, the incumbent chiefs of sections or
divisions whose offices are thus affected may be upgraded to positions of comparable rank in the
reorganization; for the new division created under this Act, the Commissioner shall designate the
chiefs thereof,

CHAPTER 9
TRANSITORY PROVISIONS

SEC. 118, Interim Period. — The incumbent Commissioner and two Deputy Commissioners,
if qualified under this Act, shall continue to discharge the functions of their position unless otherwise
removed by the President. All personnel of the Bureau of Immigration shall continue to discharge the
functions of their position.

SEC. 119. Staffing Pattem and Salary Schedule. ~ To carry out the provisions of this Act,
the Commissioner shall submit a new staffing pattern and salary schedule for personnel services to
the Secretary of the Department of Budget and Management in accordance with Section 118 taking
into account the Salary Standardization Law and other applicable laws under the National
‘Compensation and Classification Plan,

SEC. 120. Reorganization of the Commission. — Upon approval of this Act, all employees
of the Bureau of Immigration covered by the civil service law and regulations shall continue to
hold their present positions pending the reorganization of the Commission in accordance with
the new staffing pattern: Provided, That the salaries, wages, allowances and other benefits of
incumbent officers and employees of the Commission shall not be subject to diminution: Provided,
further, That in the event that the positions are abolished in accordance with the reorganization,
the affected employees shall be retained. Provided, finally, That employees who have been
dismissed for cause shall no longer qualify for any position in the Commission.

SEC. 121. Inventory and Transfer of Properties, Accounts, Assets, Liabilities and
Obligations to the Commission. — All buildings, properties, equipment, facilities, accounts, other
assets, liabilities and other obligations as well as records of the Bureau of Immigration shall be
properly inventoried and transferred to the Commission.

26


SEC. 122, Treaty or Agreement. - Any treaty or agreement entered into between the
Philippines and any foreign state before the effectivity of this Act shall remain in force and effect.

SEC, 123, Pending Cases. ~ Any prosecution, suit, action, proceeding, or any act or matter,
civil or criminal, pending at the time of the effectivity of this Act shall not be affected by the provision of
this Act unless otherwise applicable.

CHAPTER 10
ADMINISTRATION AND IMPLEMENTATION

SEC. 124. Administration and Implementation Abroad. - The administration and
implementation of this Act abroad, including the rules and regulations as well as specific visa policies
or guidelines, shall be the responsibility of the Department of Foreign Affairs, with due notice to the
Commission and other concemed agencies and/or offices.

SEC, 125. Implementing Rules and Regulations. — The Commission, upon consultation
with the Department of Foreign Affairs and other concerned agencies or offices and subject to the
approval of the Secretary, shall promulgate the rules and regulations for the implementation of this
Act within sixty (60) days from its effectivity,

CHAPTER 14
FINAL PROVISIONS

SEC. 126. Separability Clause. — If any of the provisions of this Act is held invalid or
unconstitutional the other provisions not affected thereby shall continue to be in force and effect.

SEC. 127. Repealing Clauses. - (a) Commonwealth Act No. 613, otherwise known as the
‘Philippine Immigration Act of 1940", as amended, and Republic Act No, 750, are hereby repealed;
(b) All laws, presidential decrees, executive orders, proclamations, memorandum orders, instructions,
rules and regulations or parts thereof inconsistent with this Act are hereby amended or modified
accordingly.

SEC. 128. Effectivity Clause. — This Act shall take effect fifteen (15) days after its complete
publication in the Official Gazette or in two (2) newspapers of general circulation.

Approved,

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