Republic of tfie Philippines
HOusE OF.REPRESENTATrvEs
Quezon City, Metro Manila
NINETEENTH CONGRESS
First Regular Session
HouseBillNoS°§9
Introduced by Representative Midy N. Cua
Lone Distriet, Quirino
AN ACT MODERNIZING THE BUREAU OF IMMIGRATION BY DHFINING ITS
POWERS AND FUNCTIONS, FURTHER PROFHSSI0NALIZING ITS ORGANIZATION,
UPGRADING THE COMPENSATION AND BENHFITS OF ITS OFFICIALS AND
HMPLOYEES, AND APPROPRIATING FUNDS THEREFOR
EXPLANATORY NOTE
The  Bureau  of Immigration  came  to  be  from  the  signing  of Commonwealth  Act  No.  613  or  the
Philippine Immigration Act of 1940 more than 80 years ago. Today, the law is in need of amendments
that  will  respond  to  contemporary  needs  resulting  from  changing  times,  and  to  adhere  to  the
Constitutional mandate of serving and protecting the Filipinos.
Compliant with the obligations and standards set by intemational law in the admission or exclusiion of
foreign nationals, this bill denies the use of Philippine territory to persons who are engaged or likely
to engage in teirorism, human smuggling and trafficking, criminal and other activities. This bill also
seeks to professionalize and upgrade the qualifications and raises the salaries of immigration service
officers and personnel to be at least at par with other government agencies under the Department of
Justice.
Under  this  measure,  the  Bureau  of Immigration  will  be  headed  by  a  Commissioner  with  two  (2)
Deputy Commissioners. They will composed the Board of Commissioners of the agency. Among its
functions are:
1.    Decide  on  cases  or  applications  relative  to  deportation,  revocation  of  immigration  status,
reacqujsition and retention of Philippine citizenship, issuance and revocation of all visa,s and
permits, declaration of indigence, and legalization of residence in accordance with law;
2.    Cite  and  punish  for  contempt  in  relation  to  the  discharge  of its  quasi-judicial  functions  in
accordance with the Rules of court;
3.    Prescribe and promulgate rules and procedure for proceedings before it;
4.    Prepare  and  publish  operations  manuals,  including  schedule  of  fees  for  all  transactions
entered into by the Bureau with the public; and
5.    Formulate policies, directives, programs and projects of the Bureau.
The Bureau of Immigration will have eleven (11) Directorates and other operating offices, Regional
Offices, and District and Field Offices to fulfill their mandate under this law.


The Board of Commissioners is authorized to retain and use every year thirty per cent (30%)  of its
collections from immigration fees, fines and penalties, and other income that may be collected t>y the
Bureau, not to exceed One billion two hundred million pesos (Pl ,200,000,000.00) every year.
An   Immigration   Trust  Fund  (ITF)  taken   from  the  30%  retained   income  and  consistent  with
government auditing rules and regulations shall be used exclusively in accordance with this:
1.    50%  for the  modemization  of equipment,  facilities  and  offices  u  sed  by  employees  ()f the
Bureau, including capital outlay for the establishment of new buildings and field offices for
the effective implementation of this Act;
2.    30%  for the  payment  of employee  benefits  provided  in this  Act,  and  as  may  be hereafter
provided by the Board with the approval of the Secretary of Justice; and
3.    20%  for the  further professionalization  of the  employees  of the  Bureau through  trainings,
seminars and other career advancement programs.
This   measure  previously   passed  the   third   reading   in  the   l8th   Congress.   It  was   proposed   by
Representatives  Rufus  8.  Rodriguez,  Edcel  C.  Lagman,  Xavier  Jesus  D.  Romualdo,  Manuel  D.
Cabochan,  111, Teodorico T.  Haresco, Jr., Ferdinand L.  Hemandez,  Joy Myra Salvador-Tambu.nting,
Luis  Raymund  "Lray"  F.  Villafuerte,  Jr.,  Horacio  P.  Suansing,  Jr.,  Estrellita  Suausing,  Alfred  C.
Delos Santos, Vicente "Ching" S.E.  Veloso, Ill, Erie G. Yap, "Kuya" Jose Antonio R.  Sy-Alv€urado,
John Marvin "Yul Servo" C. Nieto, Manuel Jose "Manrnix" M. Dalipe, Rose Marie "Baby" J. Arenas,
Pablo John F. Garcia, Jose Christopher Y. Belmonte, Elenita Milagros "Eileen" Ermita-Buhain,. Joey
Sarte  Salceda,  Junie  E.  Cua,  Jose  "Ping-Ping"  I.  Tejada,  Micaela  S.  Violago,  Greg  G.  Gasataya,
Romeo  M.  Jalosjos,  Jr.,  Francisco  Jose  "Bingo"  F.  Matugas,  11,  CPA,  CESO,  LLB,  Jose  Eririque
"Joet" S. Garcia, Ill, Ruwel Peter S. Gonzaga, Luisa Lloren Cuaresma, Paul Ruiz Daza, Jocelyn Sy
Limkaichong, Manuel F.  Zubiri, Manuel T.  Sagarbarria, Loma P. Bautista-Bandigan,  Peter Jolhn D.
Calderon, Luis N. Campos, Jr., David "Jay-Jay" C.  Suarez,  Sandro L.  Gonzalez,  Romeo  S.  Momo,
Vincent Franco  "Duke"  D.  Frasco,  Way Kurat Zamora,  Yasser Alonto Balindong,  Angelo  Marcos
Barba,  Joseph  Sto.  Niflo  8.  Bemos,  Narciso  R.  Bravo,  Jr.,  Alfel  M.  Bascug,  Wilfredo  "Willy"  S.
Caminero,  Carl  Nicolas  C.  Carl,  Maximo  Y.  Dalog,  Jr.,  Cheryl  P.  Deloso-Montalla,  Abdull{in  D.
Dimaporo,  Jumel  Anthony  I.  Espino,  Ria Christina G.  Farifias,  Jocelyn F.  Fortuno,  Ann K.  IIofer,
Cesar "Jawo" I. Jimenez, Jr., Glona G. Labadlabad, Mario Vittorio "Marvey" A. Marifio, Maricel G.
Natividad-Nagafio,  MD,  Pablo C.  Ortega,  Emmarie "Lolypop"  Ouano-Dizon,  Eddiebong G.  Plaza,
Geraldine 8. Roman, Hector S. Sanchez, Loma C. Silverio, Kristine Singson-Meehan, John Reynald
M. Tiangco, Alexie 8. Tutor, Diego "Nonoy" C. Ty, Rosanna "Ria" Vergara, Elizaldy S. Co,  Argel
Joseph T. Cabatbat, Sergio C. Dagooc, Godofredo N. Guya, Stella Luz A. Quimbo, Lawrence "Law"
H.   Fortun,   Leonardo   L.   Babasa,   Jr.,   Wilfrido   Mark   M.   Enverga,   Wes   Gatchalian,   Raymund
Democrito  C.  Mendoza,  Jericho  Jonas  8.  Nograles,  Josephine  Ramirez-Sato,  Roman  T.  Romulo,
Amihilda  J,  Sangcopan,  Edgar  S.  Sarmiento,  Jesus  "Bong"  C.  Suntay,  Cyrille  "Beng"  F.  Abueg-
Zaldivar, Juliet Marie De Leon Ferrer, and Erie L. 0livarez as principal authors thereof.
In view of the foregoing, approval of this measure is earnestly sought.
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Republicoft-LePhilippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro.Manila
NINETEENTH CONGRESS
First Regular Session
HOuseBiiiNun
Introduced by Representative Midy N. Cua
Lone District, Quirino
AN ACT MODERNlzlNG THE BUREAu oF IMrmGRATloN By DEFINING ITs
POWERS ANI) FUNCTIONS, FURTHER PROFESSIONALIZING ITS ORGANIZATION,
UPGRADING THE COMPENSATION AND BENEFITS 0F ITS OFFICIALS AND
HMPLOYEES, AND APPROPRIATING FUNDS THFREFOR
Be it enacted by the Senate and House Of Representatives Of the Philippines in Congress assembled:
1                                                                                            TITLE I
2                                                                      GHNERAL RPOVISIONS
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4       SEc I. Sfoor/ r!.//e. ~ This Act shall be known as the "Bureau oflmmigration Medemization Act".
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6       SHC 2. Dec/c7rczf7.o# o/Po/i.c)/. -In the conduct of its relations with other states, the philippines shall
7       give paramount consideration to national sovereignty, territorial  integrity, national  security, national
8       interest, the right to self-determination, the enhancement of economic diplomacy, and the protection of
9       overseas Filipinos in destination countries as it adheres to the policy of peace, cooperation, and amity
10        with all nations.
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To  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  necessity  for  encouraging  and  enhancing  capital  investments,  trade  and  commerce,
cultural exchanges and other forms of friendly relations and cooperation;
b)   the need to support technological and scientific development in the country;
c)   the goal to promote the conditions for social welfare and  economic security o:f the people;
d)   the fulfillment of obligations and compliance with standards set by international law in the
admission or exclusion of foreign nationals;
e)   the  modemization  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
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I)    the  professionalization  of  the   immigration   service  by   instituting  a  rigid   system   of
screening  and  selection  of  immigration  officials  and  employees  and  promoting  their
development.
SEC. 3. De¢#z./i.o" o/rerms. -As used in this Act:
a)   4cJm;.ssz.or refers to the process by which a foreign national arriving at a port of entry in
the Philippines is allowed into the country whereby a status or entry category is granted by
the immigration authorities;
b)   Border  Control  Officer  refers  to  any  person  authorized  to  man  the  Border  Control
Checkpoints as provided in this Act;
c)    Cczp/czz.7c refers to the master of a vessel or pilot of an aircraft;
d)    Cfoj./{7 or chz./d7'c# refers to a person or persons below eighteen (18) years of age;
e)    Cz.#.z€72 refers to any person who is a citizen of the Philippines under Section Article IV of
the Constitution of the Republic of the Philippines;
I)    Commi.ssz.o#cr refers to the commissioner of the Bureau of Immigration;
g)    Comi7".twe#/ OicJer refers  to  an  order  issued  by  the  Commissioner  under this Act that
directs  the  taking  into  custody  of a  foreign  national  after  it  has  been  determined  that
probable cause exists that the foreign national committed acts or omissions in violation of
Philippine immigration laws, rules and regulations, or during the pendency of deportation
proceedings against such foreign national: Provz.ded, That such custody shall not exceed
three (3) months, unless there exists other legal grounds for continued custody;
h)   Cons"/crr Oj#cer refers to any consular, diplomatic, or other officer of the Department of
Foreign Affairs (DFA) who has been duly granted a consular commission for the purpose
of issuing visas under this Act;
i)    Derogcz/ory /#/ormcz#.o# refers to details about persons and travel documents relating to
immigration consisting of the following:
(1 )  A/czc4/is/ C»ider refers to an order issued by the Commissioner that prevents a foreign
national from entering the territorial jurisdiction of the Philippines;
(2)  fro/d Depclr/wre  Orc7er refers to  an order issued by the Commissioner  preventing a
foreign  national  from  leaving  the  territorial jurisdiction  of the  Philippines  in  cases
where bail or recognizance is granted pending implementation of a Deportation Order,
or  a  directive  implementing  an  order  issued  by  the  appropriate  court  preventing  a
person from leaving the territorial jurisdiction of the Philippines; and
(3)  A4lo#itor  Order  refers  to  an  order  issued  by  the  Commissioner  under  this  Act that
requires  immigration persormel  to  monitor the  travel  of any  person  for a period  of
thirty (30) days, and to notify the concerned government agencies of the Philippines.
j)    E#/7:); refers to the arrival of a foreign national  into  any designated port of entry  in the
Philippines from a place outside the Philippine territorial jurisdiction. 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
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absence from the Philippines was occasioned by deportation proceedings, extradition, or
any other legal process;
k)   E]cc'/aisz.o# refers to the act of Immigration Officers denying admission of foreign national
into the country on grounds provided in this Act;
I)     Forez.g7'2 #c]/I.o#c7/ or c}/z.e73 refers to any person who is not a citizen of the Philippines;
in)  Jmmz.grci7I/ refers  to  any  foreign  national,  other than  a non-immigrant,  granted  resident
status   in  the  Philippines  under  the  provisions  of  this  Act  and  other  laws  granting
immigrant status;
n)   /mmi.grc}fz.o#  /ows  refer  to  this  Act  and  other  laws  presently  existing  or  which  may
hereafter  be  enacted  relating  to  the  movement  of  natural  persons  to  and  from  the
Philippines;
o)   /m"z.grclfj.o# Ojorccr refers to any person appointed under Title 11, Chapter 8 of this Act or
any   employee  designated  by  the   Commissioner  to  perform  the  powers,   duties  and
functions of an Immigration Officer as speeified under this Act;
p)   IVo»-!'mm7.grcz#/ refers to any foreign national who is allowed entry and admission into the
Philippines for a temporary or limited period of stay;
q)   IVo#-re/o#/eme7!f refers to a principle of international  law which prohibits the forced or
involuntary  return of refugees  or those  seeking  asylum  in  the  Philippines  to  a  state  or
territory where there are valid reasons to believe that the life or freedom of such refugee or
asylum seeker would be threatened on account of race, religion, nationality, membership
in a particular social group, or political opinion;
r)    Passporr refers  to  a  document  issued  by  a  government  to  its  citizens  requesting  other
governments to allow such citizens to pass through or enter into a territory of other states
safely and freely, subject to pertinent rules and regulations;
s)    Perso# refers to  a natural  person or juridical  person  such  as partnerships,  corporations,
companies, and  associations;
t)    Por/ o/e#try refers to any port designated by the Commissioner through which a foreign
national may enter or exit the Philippines;
u)   Re/„gcc  refers  to  a person  who,  owing to  a well-founded  fear of being persecuted for
reasons of race, religion, nationality, membership in a particular social group, or political
opinion,  is outside such person's country of nationality, and is unable or, owing to such
fear,  unwilling to avail of the protection of that country;  or a person who,  not having a
nationality and being outside such person's country of former habitual residence, is unable
or, owing to such fear, unwilling to return to it;
v)   Scc}#!c}#, Scc!/c}rer or Crewmcmber refers to a person actually employed in the operation or
service in any capacity on board a vessel;
w)  SJcz/e/ess pcrso„ refers to a person who is not considered a national by any state under the
operation of its laws;
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x)    rrave/  cJoc#me#f   refers   to   a   certification   or   identifying   document   containing   the
description  and  other  personal  circumstances  of its  bearer  issued  by  a  government  to
individuals for travel purposes;
y)    yesse/ refers to all means of conveyances, whether aircraft or sea craft; and
z)    y7.sc. 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  an  endorsement  on   a  passport  or  any  travel  document  granted  by  the
Commissioner or the Board under this Act, or by any other person authorized by existing
laws.
TITLE 11
THE BUREAU OF IMMIGRATION
CHAPTER 1
THE BUREAU
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20       SEC.  4.  O`;crvz.eit;.  - The  Bureau  of Immigration,  hereinafter referred  to  as  the  "Bureau"  shall  be
21       under the control and supervision of the Department of Justice (DOJ). The Bureau shall be principally
22       responsible  for the administration and  enforcement of this Act,  and the  implementation of a]11aws,
23       rules and regulations, or orders of any competent authority concerning the entry and admission into,
24       stay in and the departure from the Philippines of all persons. The Bureau may seek the assistance of
25       other government entities  in the enforcement of laws, rules and regulations relating to  immigration,
26       border control, and anti-trafficking in persons.
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28                                                                                   CHAPTHR 2
29                                                          THE BOARD OF COMMISSIONERS
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31        SEC.  5.  Compasz.fl.o#  cz#d  gwcr/z/;co/I.ons.   -The  Bureau  shall  be  administered  by  the  Board  of
32       Commissioners, hereinafter referred to as the Board, headed by the commissioner as chairperson, and
33       two  (2)  Deputy  Commissioners  as  members,  all  of  whom  shall  be  natural-born  citizens  of the
34       Philippines, holders of a college  degree, with proven capacity for administration and, a.I the time of
35       their appointment,  at least thirty-five (35) years of age:  Prow.cJec7, That at least one of the members
36        shall be a
37       member of the Philippine Bar in good  standing for at least five (5) years prior to the appointment:
38       Providec7,givrffee7', That at least one (1) member of the Board shall come from the ranks of the Bureau.
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40       SHC. 6. Powers a;®c7Fw#cfz.o#s. -The Board shall have tehe following powers and functions:
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(a)  Decide on applications or cases relative to:
(1 )  Deportation;
(2)  Revocation of immigration status;
(3)  Reacquisition  and  retention of Philippine citizenship  under Republic  Act No.  9225,
otherwise known as the  "Citizenship Retention and Reacquisition Act of 2003"  and
such laws as may hereafter be enacted on the subject;
(4)  Issunnce and revocation of all visas and permits;
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(5)  Declaration of indigence; and
(6)  Legalization of residence in accordance with law;
(b)  Cite and punish for contempt in relation to the discharge of its quasi-judicial .functions, in
accol.dance with the Rules of court;
(c)  Prescribe and promulgate rules of procedure for proceedings before it;
(d)  Prepare and publish operations manuals,  including schedules of fees for all transactions
entered into by the Bureau with the public;
(e)  Formulate policies, directives, programs and projects of the Bureau; and
(D   Such other powers and functions as provided in this Act and other existing laws, rules and
regulations not inconsistent with any of the provisions of this Act.
18       SEC. 7. Decj.sjo"S. -All cases or proceedings before the Board shall be decided with the concurrence
19       of the majority of the members of the Board. Decisions of the Board shall become fmal arid executory
20       fifteen   (15)   days   from   receipt   thereof  by   the   concerned   parties.   Only   one   (1)   motion   for
21        reconsideration shall be allowed.
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SEC.  8. Peri.OCJ/or Dec;.sz.o#.  - The Board  shall  decide deportation cases within sixty days from the
(60) date they are submitted for resolution.
Decisions in deportation cases may be appealed to the Secretary of Justice within fifteen (15)
days  from  receipt thereof by the  concerned party.  The  decision of the  Secretary  of Justice  may be
appealed to the Office of the President within fifteen (15) days from receipt of judgment. The decision
of the  Board  shall  become  executory  after thirty  (30)  days  from  promulgation,  unless  within  such
period the President shall order the contrary.
32       SEC.  9. A4lee/i.#gr.  - In  all  cases,  the Board of Commissioners  shall  convene  and  act as  a collegial
33       body in all matters referred to in section 6 of this Act. The Board shall meet at least once a week or, if
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necessary, twice a week. Members of the Board shall be notified accordingly and the presence of the
Chairperson and one (I ) member shall constitute a quorum.
CHAPTER3
THE COMMISSIONER AND THE DEPUTY COMMISSIONER
40       SEC.10. f4ppoi.#twc7e/ a/jfoe cowmissz.o#er. -The commissioner shall be appointed by the president
41        and shall have the same rank, salary, and privileges of an undersecretary ofa Department.
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43        SEC.  5.  Powers  c772d DWJi.es  a/£foe  Commissi.o#cr.  -in  addition to  the duties  as  Chairperson  of the
44       Board of commissioners, the commissioner shall also undertake the following:
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(a)  Supervise, direct and coordinate the overall operations of the Bureau;
(b)  Exercise control and supervision over the officers and personnel of the Bureau, including
the power to appoint, promote, and reassign personnel, subject to civil service laws, rules
and  regulations:  Prov#ed,  That  promotions  and  appointments  to  positions  of Division
Chiefs and above shall be made by the Secretary of Justice upon the recommendation of
the Cormi ssioner;
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(c)  Issue the following:
(1 )  Mission Orders, after determination of the existence of probable cause for the purpose
of deportation;
(2)  Commitment or Release Orders;
(3)  Warrants  of Deportation;
(4)  Orders to  inspect the documents,  premises,  and  records of persons covered  by this
Act; and
(5)  Derogatory information orders defined in Section 3(i) of this Act;
(d)  Delegate authority to  subordinate  immigration personnel and employees of the Bureau,
except the powers and functions enumerated in paragraph (c) of this section, which may
be delegated only to a Deputy Commissioner;
(e)  Act on applications for extension of visas with the concurrence of the Board;
®  Act on applications for study and work permits;
(g)  Control the opening and closure of posts,  landing places,  airports or ports classified as
points of entry or exit, whether limited or unlimited;
(h)  Increase, reduce, or waive immigration fines, penalties, and other charges;
(i)   Issue Certificates of Naturalization to foreign nationals who have been granted Philippine
citizenship;
¢)   Promulgate  rules  and  regulations  as  may  be  necessary  or  proper  for  the  effective
discharge of the duties and responsibilities of the officials and personnel of the Bureau,
and fort the effective exercise of the powers and functions of the Bureau;
(k)  Deputize, subject to the concurrence of the Board, 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 persormel in the performance of their duties and functions;
(I)   Seek the assistance of relevant government agencies for intelligence data gathering and
sharillg;
(in) Authorize and prescribe, with the concurrence of the Board, the form and the amount of
cash bonds for the provisional release of respondents in deportation proceedings;
(n)  Impose reasonable fines and penalties for violations of immigration and alien registration
laws in accordance with this Act and the guidelines adopted by the Board;
(o)  Accept   donations   of  materials,   equipment   or  technical   services   from   any   foreign
government,   intemational   or  domestic   organization,   to  upgrade  the   efficiency   and
operations of the Bureau;
(p)  Provide an express lane system for the rendition of services performed for individuals and
entities  upon  payment  of fees  that  may  be  prescribed,  and  deposit  in  an  authorized
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government depository bank such fees received under a trust fund subject to auditing and
accounting   rules,   flfty   percent   (50%)   of  which   shall   be   made   available   for  the
augmentation of the salaries of the employees of the Bureau, and fifty percent (50%) of
which shall be remitted to the national treasury;
(q)  Submit to the President and to  Congress, annun]ly or as may be directed, a report on:
(r)   Determine  the  manning  levels  of  Immigration  Officers  of the  Bureau  nationwide  in
accordance with the number of arrivals in each port of entry as determined by the Board:
Prow.c7ed,   That   for   every  three   hundred   (300)   passengers,   there   shall   be   one   (I)
Immigration Officer in an eight-hour shift;
(s)  Exercise disciplinary authority over personnel of the Bureau charged with less grave and
light  administrative  offenses,  in  accordance  with  the  Revised  Rules  on  Administrative
Cases in the Civil Service (RRACS): Prow.decJ, That the disciplinary authority over those
charged with grave administrative offenses under RRACS shall belong to the Secretary of
Justice;
(t)   Prepare  and  submit  a  supplemental  budget,  if necessary,  for  the  consideration  of the
Department of Budget and Management (DBM) and Congress;
(u)  Prescribe,  with  the  concurrence  of the  Board,  the  appropriate  forms,  borids,  reports,
entries and other papers in accordance with this Act;
(v)  Require  all   vessel   operators  to   submit  advance  passenger  information   in  the  form
prescribed by the Board, and prescribe penalty for the violation hereof;
(w) Engage foreign counterparts pertaining to border control; and
(x)  Perform such other functions inherent to the Bureau.
SEC.   12.  4ppoz.#froe#/  cz7cd  Rcr"k  o/ Depwty  Co""issz.o#crs.  -  There  shall  be  two  (2)  Deputy
Commissioners  who  shall  be  appointed  by  shall  the  President.  They  have  the  rank,  salary  and
privileges of an Assistant Secretary of a Department.
SEC.  13. Dw/j.es o/Dep#ty C'ommz.ssj.oj7ers. -In addition to their duties as members of the Board, the
Deputy Commissioners shall supervise minimum of two  (2) Divisions and one (1 ) regional office each
as may be determined by the Commissioner.
CHARTER 4
THE INTERNAL AFFAIRS SERVICE
43       SE:C.14. Qualif icatious of the Director,  Internal Af fairs service (IAS). -An LntemzLI A:ffdi\rs serv.lee
44       (IAS) of the Bureau is hereby created which shall be headed by a Director who must be a natural-born
45       citizen of the philippines, at least thirty (30) years of age and member of the philippine Bar in good
46       standing for at least five (5) years prior to the appointment.
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48        Snc.15. Powers clndFw#c/i.o#s. -The IAS shall have the following powers and functions:
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(a)  Conduct inspections and audit over personnel and units of the Bureau;
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(b)  Receive administrative complaints against all Bureau persormel, and indorse to the Office
of the  Secretary  of Justice  complaints  filed  against  persormel  who  are  subject  to  the
disciplining authority of the Secretary;
(c)  Conduct  summary  hearings  of  administrative  cases  against  personnel  appointed  and
promoted by the Commissioner;
(d)  Investigate complaints and gather evidence in support of an investigation;
(e)  File  appropriate  criminal  cases  against  Bureau  persormel  before  the  court  as  evidence
warrants and assist in the prosecution of such cases; and
(f)  Provide assistance to the Office of the Ombudsman in cases involving the personnel of the
Bureau.
CHAPTER 5
THE BOARD SECRETARY
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19       SEC.16. gwcr/z/;ccr/I.ons. -There shall be a Board secretary of the Board of commissioners who must
20       be a natural-born citizen  of the  Philippines,  at  least thirty  (30)  years  of age  and  a member  of the
Philippine Bar in good standing for at least five to (5) years prior the appointment.
23        SHC.17. Powers cz#dD#/I.es. -The Board secretary shall:
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(a)  Attend and take the minutes of all meetings of the Board;
(b)  Prepare the agenda for the deliberation of the Board on visa applications;
(c)  Prepare the agenda for the deliberation of the Board on deportation cases as endorsed by a
member of the Board after initial review;
(d)  Implement the decision of the Board approving visa applications, including re.validation;
(e)  Keep and manage all records of the deliberations of the Board;
(I)   Advise the members of the Board on all matters relative to compliance with relevant laws
and requirements of regulatory authorities; and
(g)  All other functions  as may be directed by the Board.
CHAPTER 6
THE BOARDS OF SPECIAL INQUIRY
SEC. 18. Creafz.on o/J¢e Boarc7s o/Specj.cr/ J#g#j.ry. -There shall be created up to five (5) Boards of
Special Inquiry (BSI) as required  in the exigency of service as determined by the Board.  Each BSI
shall be composed of a Chairperson and two (2) members.  The BSI shall be designated according to
their areas of specialization to be determined by the Board.
49       SEC.  19.  Appointment  and  Qualifications  Of the  Chairpersorrs  and  Members  Of the  BS..  -The
50       Chairpersons and members of the BSI shall be appointed by the Philippines Commissioner, shall be
51       natural-born citizens  of the  and,  at the time  of their appointment,  at  least thirty (30) years  of age,
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members of the Philippine Bar in good standing and have been engaged in the practice of law for at
least three (3) years prior to appointment.
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(a)  Recommend  to the Board  of Commissioners  for  flnal  resolution  cases  and  applications
relative to:
(1 )  Deportation;
(2)  Revocation of immigration status; and
(3)  Legalization of residence in accordance with law;
(b)  Recommend to the Commissioner for appropriate action cases and applications relative to:
( I )  Cancellation of alien certificates of registration by marriage; and
(2)  Issunnce of alien certificates of registration to refugees;
(c)  Issue subpoena in cases being heard by the BSI;
(d)  In  the  exercise  of  its  quasi-judicial  power,  cite  and  punish  persons  for  contempt  in
accordance with the Rules of Court;
(e)  Recommend to the Board the imposition, waiver or reduction of fees, fines, penalties and
other charges, subject to existing laws, rules and regulations;
(I)   Administer oaths in connection with the performance of their duties, as may tte authorized
by the Board;
(g)  Promulgate rules and regulations governing matters within its assigned manda.te, subject to
the approval of the Board; and
(h)  Perform such other duties and functions as may be directed by the Commissioner or the
Board of Commissioners.
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37       SEC. 21. Proceec7j.#gr. -The proceedings before the Bsl shall be public and recorded. In :ill cases, the
38       Bsl shall meet and act as a collegial body. Only members of the philippine Bar in good s.landing may
39       appear for and in behalfofany party before the BSI.
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41        SEC. 22. Jteso/wJ!.o# a/Ccrses. -Cases before the Bsl shall be resolved within five (5) working days
42       from  the date  the  cases  are  submitted  for resolution.  The resolution  of the BSI  shall  be  submitted
43       immediately to the Board for action.
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SHC.  23.  Cre¢Jz.o#  o/ Pori./j.o#s.  -The  positions  created  under  the  BSI  shall  have  the  following
classification and salary grades:
DESIGNATI0N
POSITION
SALARY GRADE
Chairperson
Attorney V
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Members
Attorney IV
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11


CHAPTER 7
DIVISIONS AND OTHER 0PHRATING OFFICES OF THE BUREAU
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4       SEC. 24. Di.vz.sz.o#s c#cc7 0/focr opercz/i.#g o#ces o/ffee B#reczci. -The Bureau shall have the following
5       Divisions and other operating offices, namely:
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7                      A.   DIVISIONS:
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(I)        Administrative;
(2)        Alien Registration;
(3)        Financeand Logistics;
(4)       Human Resource Management and Development;
(5)        Immigration Regulation;
(6)       Information and communications Technology:
(7)        Immigration Intelligence;
(8)       Immigration Law Enforcement;
(9)        LegalAffairs;
(10)     Immigration operations; and
(11)     Plarming and Research
8.   REGIONAL  OFFICES  that  shall  be  created  by  the  Board  according  to  political  or
administrative regions.
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37        SEC.  25.  fJecic7s  a/ffoe  Dz.vi.sz.o#s  cz77d OJfoer  Operar;.ng  U#j.ts.  -Each  Division  shall  be  headed  by
38       Division chief: Provided, That the chief for Legal Affairs shall be a  member of the philippine Bar in
39       good standing and must have been engaged in the practice of law for at least three (3) years prior to
40       appointment, and that the Chief for Finance and  Logistics must be a Certified Public Accountant in
41        good standing for at least three (3) years prior to appointment.
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43                      The Regional offices shall be headed by a supervising Immigration officer, while the District
44       and Field offices shall be headed by a senior Immigration officer.
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46                      No person shall be appointed as chief of any of the Divisions enumerated in section 24(A) of
47       this Act unless such person meets the qualification standards set by the Bureau and approved by the
48        Civil service commission(CSC).
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SO       She. 26. Organizational Structure,  Duties and Functions Of the Divisions,  Regional,  District,  Field
51       crnd offoer operczfz.#g Qorces.  -Subject to the approval by the DBM, the Board shall determine the
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organizational  structure  of the  different  Divisions,  Regional,  District  and  Field  Offices,  and  other
operating offices of the Bureau to ensure the effective performance of their respective mandates.
SEC.  27.  Cfe!.e/Ac7"j.73!.sfrczfz.ve  Oj#cer.  - The  Bureau  shall have  a Chief Administrative  Order who
shall perform the following duties:
(a)  Develop and implement an administrative support strategy for the Bureau;
(b)  Coordinate all administrative functions of the Bureau;
(c)  Monitor  and  evaluate  all  policies  and  programs  of the  Bureau,  and  recommend  to  the
Board such policies, programs and measures for the effective and efficient  administration
of the Bureau; and
(d)  Perform such other tasks as may be directed by the Commissioner.
SEC. 28. Cfej.e/j4/i.c# Rear.strcr/j.o# Ojorcer. - The Bureau shall have a Chief Alien Registration Officer
who shall perform the following duties:
(a)  Formulate plans and policies for the implementation of the Alien Registration Program;
(b)  Establish   and   implement   measures   for   the   effective   registration,   monitoring   and
accounting  of aliens,  including  the  collection  and  safekeeping  of biometric  data  of all
aliens pursuant to this Act and other laws, rules and regulations;
(c)  Monitor and evaluate all policies, programs and measures relative to alien registration, and
recoinmend to the Board such measures to improve the system of alien registration; and
(d)  Perform such other tasks as may be directed by the Commissioner.
SEC. 29. Cfej.e/Fj.#cr#ce cl7cd fogz.a/i.es OJgrcer. - The Bureau shall have a Chief Finance and Logistics
Officer who shall the perform following duties:
(a)  Formulate and supervise the implementation of policies pertaining to procurement, fiscal
management, auditing and accounting in support of the overall plan and strategic direction
of the Bureau;
(b)  Direct and manage all the procurement activities of the Bureau;
(c)  Implement sound fiscal policy;
(d)  Supervise the preparation of the Annual Procurement Plan;
(e)  Initiate projects in the futherance of the improvement of the Bureau;
(f)   Set  performance  targets  for  the  Bureau  in  order  to  meet  its  objectives,  plans  and
programs; and
(g)  Perform such other tasks as may be directed by the Commissioner.
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5\       EEC. 30. Chiof Human Resource Management and Development of f iicer.  -The Bureau shall haNe a,
52       Chief Human Resource Management officer who shall perform the following duties:
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(a)  Develop and execute human resource strategies in support of the overall plan and strateedc
direction of the Bureau especially in the areas of selection, hiring and promotion;
(b)  Design employee training modules;
(c)  Develop comprehensive strategic recruitment and retention plans to meet human capital
strategy goals;
(d)  Set   qualification   standards   and   implement   competency-based   hiring   and   promotion
policies;
(e)  Oversee the recruitment, selection and promotion of employees of the Bureau;
®   Set performance standards for the employees of the Bureau in order to meet its objectives,
plans and prograns;
(g)  Prepare and implement schemes to strengthen the relationship between management and
employees; and
(h)  Perfomi such other tasks as may be directed by the Commissioner.
SEC.  31.  Cfoj.e/ Jmmz.gra/z.o#  Jzeg2I/crJz.o#  O#cer.  -  The  Bureau  shall  have  a  Chief  Immigration
Regulation Officer who shall perform the following duties:
(a)  Formulate plans and programs for the effective enforcement of immigration laws relating
to the admission, sojourn, and exit of aliens;
(b)  Establish   policies   for  the   effective   monitoring  of  all   commercial   vessels  while   in
Philippine territory;
(c)  Oversee   and  supervise   all   regional,   district.   and   field  offices,   and  bor(ler  crossing
checkpoints;
(d)  Maintain administrative control over aliens admitted for limited periods;
(e)  Represent  the  Bureau  in  the  enforcement  of  the  RP-Indonesian  Agreement  the  RP-
Malaysian Anti-Smuggling Agreement, and other subsequent similar agreements; and
(f)   Perform such other tasks as may be directed by the Commissioner.
SE:C. 32.  Chiof Information  and  Communications  Technology  Officer. - The Bureau sha+i haNe  a
Chief Information and Communications Technology Officer who shall perform the following duties:
(a)  Formulate policies,  plans  and programs  on  management  information  systems,  network,
cybersecurity,  and  information  and  communications  technology  (ICT)  reso`urces  of the
Bureau;
(b)  Supervise  the  implementation  of all  the  information  and  communications  technology
projects of the Bureau;
(c)  Review, evaluate, and recommend for approval by the Commissioner the integration of all
existing ICT systems of the Bureau;
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(d)  Initiate the conduct of ICT research, development, and standardization; and
(e)  Perform such other tasks as may be directed by the Commissioner.
SEC.  33.  C%e/ /mmgrrcrfro#  /#Je//J.gencc  O#cer.  -The  Bureau  shall  have  a  Chief Immigration
Intelligence Officer who shall perform the following duties:
(a)  Develop  plans  and  programs  for the  gathering  and  collating  of intelligence  objectives
through effective management of all intelligence and counter-intelligence activities of the
Bureau;
(b)  Manage the conduct of intelligence and counter-intelligence activities of the Bureau;
(c)  Serve as the linkage between foreign counterpats or embassies and the Bureau;
(d)  Initiate development of intelligence training modules; and
(e)  Perform such other tasks as may be directed by the Commissioner.
SEC. 34  Cfoi.e/ Jmm;.grafz.o72 Zan4; E#/orceme#f Oj#cer.  ~ The Bureau shall  have  Chief Immigration
Law Enforoement Officer who shall perform the following duties :
(a)  Develop  plans  and  programs   for  effective   law  enforcement  actions  against  foreign
nationals who violate immigration laws, rules and regulations;
(b)  Exercise   command,   control,   direction,    coordination,    and   supervision   of   all    law
enforcement activities of the Bureau, such as the deployment of personnel, subject to the
power of the Commissioner under Section 11 a) of this Act;
(c)  Initiate the development of law enforcement training modules;
(d)  Establish an effective monitoring tool for fugitives and undesirable foreign nationals; and
(e)  Perform such other tasks as may be directed by the Commissioner.
SHC. 35. C%e/Z€gr/ 4orczj.rs Ojffcer. ~ The Bureau shall have a Chief Legal Affairs Officer who shall
perform the following duties :
(a)  Serve as the legal counsel of the Bureau, in coordination with the Offlce of the Solicitor
General;
(b)  Develop guidelines for the summary deportation of foreign nationals who  are fugitives,
overstaying, undocumented, or convicted of crimes involving moral turpitude or crimes
where the penalty of deportation is imposed;
(c)  Assign prosecutors for regular deportation proceedings;
(d)  Implement deportation orders;
(e)  Study contracts affecting the Bureau and submit recommendations to the Board relative
thereto;
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(I)   Render  legal  opinions  on  matters  arising  from  the  administration  and  operation  of the
Bureau; and
(g)  Perform such other tasks as may be directed by the Commissioner.
SEC.  36.  C¢J.a/ /"mz.grcr/J.o#  QpercJ/J.o#S  OJffcer.  -  The  Bureau  shall  have  a  Chief  Immigration
Operations Officer who shall perfom the following duties:
(a)  Formulate plans and programs for the effective and efficient immigration operations in all
international airports and seaports;
(b)  Oversee   and  supervise  the   immigration  operations   in   all   international   airports   and
international   seaports,   including   the   conduct   of  ainval   and   departure   formalities
consistent with this Act and other applicable laws, rules and regulations;
(c)  Implement Blacklist Orders, Hold  Departure Orders, Monitor Orders, Travel Restriction
Orders, Orders to Leave, Exclusion Orders, and other such orders issued by the Board or
by the Cormissioner;
(d)  Ensure the compliance of all immigration personnel under the Operations Division with
the Bureau's Quality Management System (QMS);
(e)  Monitor admitted foreign temporary visitors who were referred for secondary or tertiary
inspection;
(I)   Initiate the development of immigration operations training modules; and
(g)  Perform such other tasks as may be directed by the Commissioner.
31        SEC.  37.  C%e/P/cz7c#j.#g  cr#c7  j2esecrrch  Qffccr.  ~  The  Bureau  shall  have  a  Chief Planning  and
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Research Officer the who shall perform following duties:
(a)  Formulate and implement the Bureau's programs, projects and processes for I)lanning and
research;
(b)  Facilitate and organize strategic plarming sessions for the entire Bureau;
(c)  Conduct work]oad assessment and forecasting;
(d)  Provide  assistance  to  the  Board  in  the  implementation  and  establishment  of  a  risk
management process;
(e)  Implement   a   monitoring   feedback   measurement   and   evaluation   system   for   the
implementation of all Bureau policies, projects, and programs;
(f)   Represent the Board in meetings relating to planning and research; and
(g)  Perform such other tasks as may be directed by the Commissioner.
CHAPTER 8
IMMIGRATION OFFICE RS
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1        SHC.  38.  /mmz.grcrft.o#  Qorcers.  - The  Bureau  shall  employ  an  elite  group  of Immigration  Officers
2       who shall be assisted by Immigration Inspectors and Immigration Agents in the performance of their
3       duties and functions. No person shall be appointed to the position of Immigration officer, Immigration
4       Inspector or Immigration Agent unless such person meets the qualification standards set by the Bureau
5       andapprovedbythecsc.
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7                      The following determinative factors shall be included in setting the qualiflcation standards for
8        eachposition:
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(a)  Educational Attainment
(b)  Civil Service Eligibility
(c)  Relevant Experience
(d)  Training (Basic, Advanced or Executive)
(e)  Agility
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20       SEC.  39.  Powers  cz#d DzjJz.es.  -  The  Immigration  Offlcers  shall  have  the  following  powers  and
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(a)  Examine,  with  the  assistance  and  advice  of medical  authorities  in  appropriate  cases,
foreign  nationals  at  the  port  of entry  concerning  their  admissibility  to  enter  and  their
qunlifications to remain in the Philippines;
(b)  Exclude  foreign  nationals  not  properly  documented,  and  to  admit  foreign  nationa]s
complying with the applicable provisions of immigration and related laws;
(c)  Administer oaths in cormection with the performance of their duties, as may be authorized
by the Board;
(d)  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 the presence or view of the Immigration Officer, is entering ctr is about to
enter the Philippines in violation of immigration and related laws, rules and regulations;
(e)  Act as control personnel with authority to prevent the departure of passengers who do not
comply with duly published departure requirements;
®   Detect  and  report  violations  of  the  immigration  and  alien  registration  laws  and,  in
appropriate  cases,  take  necessary  actions  upon  the  instructions  of the  Commissioner,
including follow-up on the stay of non-immigrants to prevent overstaying;
(g)  Detect and report subversive activities of aliens in the interest of national security;
(h)  Investigate any case at the instance of the Commissioner and submit the required reports;
(i)   Report  on  the  activities  of  aliens  inimical  to  national  interest  with  a  view  to  taking
appropriate action in accordance with law;
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¢)   Locate  and  conduct  surveillance  against  foreign  nationals  in  violation  of immigration
laws, rules and regulations;
(k)  Provide actionable operational, tactical and strategic intelligence to the operating units;
(I)   Conduct case build up, analysis and other inrdepth research, as well as provide analytical
reports on foreign nationals who violate or are in violation of immigration laws, rules and
regulations;
(in) Coordinate with other local and international law enforcement agencies in the gathering
of intelligence information related to immigration law violations;
(n)  Conduct counter-intelligence operations;
(o)  Enforce lawful orders relating to the exclusion, deportation and repatriation of aliens;
(p)  Take charge of the physical detention of aliens   pending their exclusion, deportation or
repatriation;
(q)  Attend to the deportation of aliens;
(r)   Monitor all arriving and departing suspected terrorists, drug couriers or members of crime
syndicates;
(s)  Assist and escort deportees, excluded passengers and transiting restricted passengers until
finally boarded;
(t)   Investigate  and  escort  from  ports  of  entry  intercepted  passengers  who  are  found  in
possession of spurious travel documents;
(u)  Implement Warrants of Deportation and Mission Orders involving foreign nationals who
violate or are in violation of immigration laws, rules and regulations; and
(v)  Perfonn such other functions as may be assigned by the Commissioner from time to time.
Qualified  Immigration  Officers,  Immigration  Inspectors  and  Immigration  Agents  with  the
37       requisite  training  and  experience  may  be  assigned  to  the  Intelligence,  Law  Enforcement,  Alien
38       Registration,  Immigration Regulation,  and Operations Divisions depending on the exigencies of the
39       Bureau.  The  Board  may,  in  the  exigencies  of service,  designate  certain  duties  and  responsibilities
40       listed in this section to other officers and employees in the Intelligence or Law Enforcement Divisions
41        in an acting capacity: Provj.c7ec7, That such designation shall not exceed a period of one (1) year.
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43       SEC.   40.  Dep/a)#7¢e#/  o/ Jmmj.grtz/z.o#  Perso##e/  ,4broczd.  -  Within  ninety  (90)  days   from  the
44       effectivity  of  this  Act,  the  DFA  and  the  Bureau  shall  promulgate  the  implementing  rules  and
45       regulations on the assigrment and deployment of lmmigration officers to select consular posts abroad
46       who  shall,  subject to the  pertinent provisions  of Republic Act No.  7157  or the  "Philippine  Foreign
47       Service Act of 1991", perform immigration duties, except diplomatic and consular functions.
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CHAPTER 9
CAREER DEVELOPMENT PATTERN
SEC. 41. Ccrreer .Dave/apme#/. -The Bureau shall:
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(a)  Establish and strengthen the Philippine Immigration Academy which  shall  be under the
control and supervision of the Commissioner;
(b)  Create  a  continuing  program  to  enhance  the  knowledge,  skills  and  competence  of all
personnel through a career advancement training and education prior to their promotion;
and
(c)  Formulate tralning requirements to implement the provisions in this Title.
CHAPTER 10
OTHER OFFICES
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\3       SEC. 42. Changes in the composition, Distribution and Assignment of Regional,  District,  and Field
14       0jffces.  -The commissioner may make changes in the composition, distribution and assignment of
15        regional,  district  and  field  offices  as  well  as  its  persormel,  based  on  the  demographics  of foreign
16       nationals and as the exigency of the service requires, subject to civil service rules and regulations.
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18        SEC.  43.  Border  C'o7?two/  Cfteckyoz.7!rs.   -In  addition  to   international  airports  and  international
19       seaports,   there   shall   be   established   Border   Control   Checkpoints   which   shall   be   mamed   by
20       Immigration officers appointed as Border control officers by the commissioner. The Border control
21        Checkpoints  shall  be  placed  in  specific  areas  in  the  Philippines  which  shall  be  determined  by  the
22       Board. Border control officers shall perform the following duties:
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(a)  Conduct  immigration  formalities  to  foreign  nationals    passing  through  their  areas  of
responsibility;
(b)  Enforce immigration laws, rules and regulations;
(c)  Coordinate with other law enforcement agencies in the enforcement of immigration laws,
rules, and regulations;
(d)  Apprehend and take into custody illegal entrants; and
(e)  Perfom such other functions as may be directed by the Commissioner.
TITLE Ill
IMMIGRATION
CHAPTER 1
NON-IMMIGRANTS
SHC. 44. Cc}/egor;.es o/IVo#-z.m"j.g7.cz#/a c}#d 7T)peg o/ Wsa /sswed. - 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-immigrants :
(a)  Temporary visitors (A Visas):  Visitors coming to the Philippines for a temporary period
for reasons of business, pleasure or health:
(1)  Business  (A-I   Visa):  Temporary  visitors  engaged  in  activities  of  commercial  or
professional  nature  for  foreign  employer  or  for  themselves  that  will  not  result  in
gainful employment in the Philippines. As used herein, the tern "business" refers to
conventions, conferences, consultations and other legitimate activities of commercial
or a professional nature, but does not include local employment or labor f()r hire;
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(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 (8  Visa): Persons in transit through the Philippines solely for a layover
and  who  have  a  confirmed  connecting  flight  to  another  country,  or  passengers  in
immediate and continuous transit to a destination outside the Philippines;
(c)  Crewmembers  (C  Visa):  Persons  required  for  the  normal  operation  and  servicing  of
vessels that come to the Philippines on a temporary basis, either arriving with a vessel or
intending to depart the Philippines on the same vessel or any other vessel;
(d)  Treaty Traders (D-1  Visa) and Treaty lnvestors (D-2 Visa): Citizens of a country that has
trade treaty with the Philippines, including their family members, and who c()me to work
in the Philippines for either a company they own or one that is at least fifty 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  from  a country  that has  an  investor treaty  with the  Philippines,  including
their family members, and who come 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, 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  pulpose,  pursuant  to  international  conventions  and  bilateral
agreements, shall be granted E Visas, in accordance with the following categories:
(1)  Persons eligible for E-1  Visa: The E-1  Visalshall be issued to the following classes of
foreign nationals:
i.         Heads of state and Heads of Government and their personal representatives;
ii.       Members ofreigring royal families from countries recognized by the philippine
Government;
iii.      Governors-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;
v.        Presiding officers of national legislative bodies;
vi.       Justices orjudges of the highest nationaljudicial bodies;
vii.     Diplomats   and   career   consular   officials   on   foreign   assignment   in   the
Philippines;
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viii.    Military, naval, air and other attaches assigned to a diplomatic mission; and
ix.      Accompanying spouses and unmarried dependents of foreign nationals within
the abovementioned categories;
(2)  Persons eligible for E-2 Visa: The E-2 visa shall be issued to an official of a foreign
government recognized by the Philippines and who 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 such foreign official's government.
This category includes,  ;.n/er cr/;.ci, the following classes of foreign nationals:
i.         Administrative and technical members of the staff of a diplomatic or consular
mission;
ii.        Officials   participating   in   programs   under   the   auspices   of  the   Philippine
Government or recognized international institutions; and
iii.      Accompanying spouses and unmarried dependents of foreign nationals within
the abovementioned categories;
(3)  Persons eligible for E-3  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 offlcial business for such foreign official's government.
This category includes, J.#/er cr/I.¢, the following classes of foreign nationals:
i.         Diplomatic couriers regularly and professionally employed as such;
ii.        All members ofofficial special missions ofa diplomatic character;
iii.      Members of delegations proceeding to or from an international conference of a
diplomatic or official nature; and
iv.       Such other officials going to the philippines on diplomatic or official missions;
and
All visas in Section 44(e) of this Act shall be exclusively issued and renewed by the
DFA, 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;
(D   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 (CHED) in coordination with the Bureau;
(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
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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 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 Accredited  International Organizations  and Government Agencies (I
Visa): Foreign officials and staff of accredited international organizations, including their
dependent  family  members,  staff,  and  household  members  shall  be  granted  I  Visas  in
accordance with the following categories:
(1)  Persons eligible for 1-1  Visa: The I-1  Visa shall be issued to the principal officials of
accredited  international  organizations,  as  well  as  their  accompanying  spouses  and
dependents;
(2)  Persons eligible for I-2  Visa:  The  1-2  visa shall  be  issued  to the other officials  and
staff of accredited international organizations, as well as their accompanying spouses
and dependents;
(3)  Persons  eligible  for  I-3  Visa:  The  1-3  visa  shall  bel  issued to  officials  and  staff of
international   organizations   who   will   perform   short-term   official   work   with  the
intemationa] organization upon its invitation ; and
(4)  Persons eligible for  I-4  Visa: The I-4  Visa shall  be issued to the private employees
and household members of persons to whom I-1  and I-2 visas have been granted, as
well as their immediate dependents.
Aceredited  international  organization  includes any  public  international  organization
engaged in 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
recogniaed by the government of the Republic of the Philippines, including those existing
and already recognized as such at the time of the effeetivity of this Act.
All  types  of visas  under  Section  44(i)  of this  Act  shall  be  exclusively  issued  and
renewed by the DFA, which shall also determine the type of I Visa of officials and staff of
international  organizations  that  are  not  identified  in  the  foregoing  list.  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;
¢)   Media Workers (J Visa): Foreign medical personnel or corespondents, duly accredited by
the government agency concerned, who are bo#c! ¢c7e representatives of a foreign press,
radio,  satellite,  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 them or subsequently joining them
during the period of the assignment in the Philippines;
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(k)  Exchange Visitors  (K Visa):  Foreign nationals entering the Philippines to  teach,  study,
observe, conduct research or receive training in a speeific Exchange Visitor Prograin duly
approved by the Philippine Government;
(I)   Refugees (L-I  Visa) and Stateless Persons (L-2 Visa): Refugees as defined in this Act and
in the  1951  Convention Relating to the Status of Refugees and its  1967 P1.ot(reol shall be
issued L-1  Visas. Stateless persons as described in this Act shall be issued L-2 Visas. The
President  or  the  Secretary  of Justice,  for  humanitarian  reasons  not  inimical  to  public
interest, shall have the exclusive authority to admit refugees and stateless persons in such
classes of cases and under such conditions as they may prescribe.  The Pres;ident or the
Secretary of Justice shall likewise have the exclusive authority to cancel, revoke, or cease
the refugee or stateless status of an individual;
(in) Bridging Visa (M Visa): A temporary visa which allows a foreign national to stay in the
Philippines after the expiration of the current visa, other than temporary visitor visa under
Section 44(a), and while an application for adjustment of status is being processed;
(n)  Startup Visa (N visa): Visa issued by the DFA pursuant to See.13, Chapter 3 of Republic
Act No.11337,  otherwise  known  as  the  "Innovative  Startup  Act",  which  includes  the
Startup Owner Visa (N-1  Visa),  Startup Employee Visa (N-2 Visa) and Startup Investor
Visa OV-3 Visa); and
(o)  Special  Non-Immigrant  Visa  (0  Visas):  Such  other  foreign  nationals  including  their
family members who may be admitted as non-immigrants under special law,s, or foreign
nationals not otherwise described in this Act who are coming for temporary periods only,
and whose  admission is  authorized by the Board or the President  in the  interest of the
public  or  for  humanitarian   considerations  and  under  such  conditions  as  they  may
prescribe.
All other agencies and offices other than the DFA authorized to issue visas in acc{)rdance with
existing laws shall be subject to reportorial requirements as prescribed by the Board. The Board shall
likewise prescribe penalties for violations thereof.
CHAPTER 2
IMMIGRANTS
37       SEC. 45. gwo/tz Jmmz.grcr#ts.  - Subject to the conditions set forth in this Act, there may  be admitted
38       into the Philippines,  based upon  immigration reciprocity and upon allotment by the Commissioner,
39       "quota immigrants" not to exceed two hundred (200) of any one nationality for any one calendar year.
40       The following order of preference shall be observed in the allotment of quota immigrants:
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(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
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1                      (d)  Fourth preference: Parents of foreign nationals who are lawful permanent residents of the
2                                Philippines.
3
4       SEC. 46..4//otwe#/ o/03Iofcz. -The commissioner shall, with respect to the first preference, allot not
5       more  than  fifty  percent  (50%)  of the  annual  quota  allotment  up  to  the  end  of June  of each  year:
6       Provided,  That if the fifty  percent (50%) allotment for the first preference by any nationality is not
7       utilized, the balance thereof shall be given to the second, third,  and fourth preferences  for the same
8       nationality in accordance with section 45 of this Act. Any unused quota allotment for a calendar year
9       shall not be carried over and utilized for the ensuing calendar year.
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SEC. 47. Basz.a fro De/c7'77!J.#cIJ!.on a/gwoJcz 4//a/me#/.  -The numerical limitation imposed by Section
45 of this Act shall be on the country of which the immigrant is a national or a citizen. For purposes of
the quota allocation, the nationality of immigrants possessing dual citizenship may be that of either of
the two (2) countries regarding them as a national or citizen if they apply for a visa in a third country.
If such immigrants apply for a visa within one of the two (2) countries regarding them as a national or
citizen, their nationality shall be that of the country in which they filed their application for a visa to
enter the Philippines.
SEC.  48. IVo#-9toJcz /mmj.gran/S. - 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: Prow.c7ed, That abandonment by the foreign spouse,
the failure to give support by the foreign spouse to the Filipino spouse and farnily, and the
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 spouse;
(b)  A person of Filipino descent regardless of generation;
(c)  A child born to a mother during her temporary visit abroad, the mother being a foreign
national and lawful permanent resident of the Philippines, if accompanied by or coming to
join the mother who applies for admission within five (5) years from the birth of the child;
(d)  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;
(D   A  natural-born  citizen  who  becomes  a naturalized  citizen  of a  foreign  country  and  is
returning  to  the  Philippines  for permanent  residence  therein,  including the  spouse  and
minor children accompanying or following to join such person; and
(g)  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.
CHAPTER3
NATIVE-BORN FOREIGN NATIONALS
51        SEC. 49. S/cJ/as a/CAz./dre# Born /o Jmmj.grtz#ts. -A child born in the philippines to parents who are
52       nationals  and  lawful  residents  of the  foreign  Philippines  shall  be deemed  a native-born permanent
5 3        res ident.
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1
2        SEC. 50. S/c7tws  o/C%/dre# Born to IVo#-I."mz.grc}#ts.  -A child born to parents who are both non-
3        immigrants shall be deemed a native-born non-immigrant or temporary resident and may remain in the
4       Philippines only during the period of authorized stay of the parents, unless the child reaches the age of
5        eighteen (18) years while continuously residing in the philippines, in which case such child may apply
6       for naturalization under existing laws or for an appropriate visa.
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CHAPTER4
ADJUSTMENT 0F STATUS
EEC. Sl. Conditions for Adiustment Of status Of Foreign Nationals. -The starfus of a torctgn na:tionfLl
admitted  into the  Philippines  as non-immigrant may be adjusted  by the Boat.d to that  of a  foreign
national lawfully admitted as a permanent resident if:
(a)  the foreign national makes an application for such adjustment;
(b)  the  foreign  national  is  eligible  to  receive  a quota or  non-quota  immigrant  visa  and  is
admissible to the Philippines as permanent resident; and
(c)  a  quota  immigrant visa  is  immediately  available  to the  foreign national  at the time  of
application, without the need of fust departing from the Philippines.
In all such cases, the personal appearance of the foreign national shall be required during
the consideration of the application.
SEC. 52. Ej7elecf o/4pprovc}/ o# £4pp/i.cczfj.o#/or ,4ctj#Stwe7i/. -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 45 of this Act.
SEC. 53. 4cry.ws"3e#/ a/S/a/#S,  W7Ic# IVo/ 4//owec7. - Adjustment of status under this Act shall not be
applicable to:
(a)  a  foreign  national  who  has  violated  or  is  in  violation  of immigration  laws,  rules  and
regulations, unless the violation is without the fault of the foreign national {>r for purely
technical reasons; and
(b)  transients.
39
40       SIC. 54. Loss o/SfcrJws. -registered foreign national, except a temporary visitor, who falls to return to
41        the philippines within a period of one (I) year from departure shall lose the status granted under this
42       Act. Such foreign national may apply for an extension of the period within which to return prior to its
43       expiration  and  pay  the  prescribed  fees  and  charges  in  order to  maintain  the  status  or  type  of visa
44       granted.
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46                                                                                  CIIAPTER 5
47                                 DOCUMENTATION AND ADMISSION OF NON-IMMIGRANTS
48
49       SEC.  SS.   Documentary  Requirements  Of Non-immigrants.  -  "on-.imwigran:ts  "st  present  fir
50       admission  into the Philippines valid passports  issued  by the governments of the countries to which
51        they owe allegiance or other travel documents showing their nationality and identity as prescribed by
52       regulations,  a  valid  visa  granted  by  the  Consular  Officer,  if  required,  and  such  other  relevant
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I        documents  as  may  be  required  under  existing  laws,  rules,  regulations,  or  multilateral  or  bilateral
2       agreements.
3
4       SEC.  S6.  Conditions  and Period Of Authorized  Stay Of Temporary  Visitors. ~ The .\riwhz\1 period o£
5       authorized stay of a foreign national admitted as a temporary visitor under section 44(a) of this Act
6       shall not exceed fifty-nine (59) calendar days from the date of arrival, subject to bilateral, regional and
7       multilateral  visa  agreements  entered  into  by  the  Philippines:  Prov;.dec7,  That  the  conditions  for
8       extensions  and  total period  of authorized  stay  shall  be  prescribed by  the  Commissioner:  Provi.cJed,
9      /"r/feer, That during the foreign national's authorized stay, such foreign national: (a) shall not take any
10       employment, whether paid or unpaid; (b) shall not establish orjoin in any business; and (c) shall not
11        eurol] or become a student at a school, college, university, academy, or other educational institution,
12       unless granted, upon proper application, conversion to another immigration status provided under this
13         Act.
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Snc. 51. Conditions for Issuance  Of Pre~Arranged  Employment  Visas. - AL torctgn ITational who is
seeking  admission  into  the  Philippines  for  a pre-arranged  employment  shall  not  be  issued  a  non-
immigrant visa referred to in Section 44(g) of this Act 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 foreign national 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 fom and manner prescribed by the Board.
23
24                      If the Board fmds that the petition complies with the requirements  of the preceding paragraph
25       and of other regulations, it shall grant the petition and shall promptly transmit the authorization to the
26       DFA.
27
28       SEC. 58. Swbm!.sSz.on o/Cj.ew fj.sf a7ed passe#ger "o#!/es/.  -Simultaneous to the vessel's departure
29       from  the  port  of origin,  the  master,  captain,  agent,  owner  or  consignee  of any  commercial  vessel
30       arriving in the Philippines shall submit to the Bureau, within a reasonable time prior to such arrival,
31        the crew lists, passenger manifests and such other information concerning the persons arriving on such
32       a vessel.  In the  same  manner and condition,  the master,  captain,  agent,  owner or cons.ignee of any
33        commercial  vessel  departing  from  any port  in  the  Philippines  shall  submit to  the  Bureau,  within a
34       reasonable time prior to such departure, the crew list, passenger manifest and such other information
35        concerning the persons departing on such vessel. The crew list of an incoming sea craft shall contain
36       the appropriate visa granted by the consular officer.
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38       SEC. 59. J#Spec/j.o# o/Crewmermbers.  -It shall be the duty of the master, captain, agent, owner or
39       consignee  of any  vessel  arriving  in  the  Philippines  to  have  available  on  board.  for  inspection  by
40       Immigration Officers, any foreign crewmember employed on such vessel and, when required by the
41        immigration  authorities,  to  detain  such  crewmember  on  board  after  inspection  or to  remove  such
42       crewmember. No  crewmember on board such vessel shall  be discharged while the vessel is  in port
43       without the permission of the commissioner.
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52
SEC. 60. Permission for Temporary Landing Of a Foreign Crewmember. -A Sorctgr\ crewrnember 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 Bureau while the crewmember is on
land shall be bone by the master, captain, agent, owner or consignee of the canying vessel.
CHAPTER 6
DOCUMENTATION AND ADMISSION 0F IMMIGRANTS
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i       SEC. 61.  Documentary  Requirements  Of Immigrants,.  Instances  When Not  Required.  -Imdrigraimts
2       must  present for admission  into  the  Philippines  valid  passports  or  travel  documents  issued  by the
3       government of the country to which they owe allegiance,  showing their nationality and identity and
4       valid immigrant visas indicating the date of issue and the period of validity thereof. Immigrant visas
5       shall not be required of the following:
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(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  re-entry  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 retuning to an uurelinquished lawful permanent residence in
the Philippines after a temporary residence abroad and presents for admission a valid re-
entry permit.
CHAPTER 7
VISA ISSUANCE
20
21        SHC. 62. IVcr/#re o/ yl.sc7.  -Nothing in this Act shall be construed to automatically entitle any foreign
22       national, to whom a visa or other travel document has been issued, to enter the Philippines if, upon
23        arrival at a port of entry, such foreign national is found to be inadmissible under this Act or any other
24        law.
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26       SEC.  63.  y;.scz Po/i.c};.  - The policies  governing the  issuance,  extension,  renewal  and conversion of
27       visas  referred  to  in this Act  shall  be  formulated by the  Bureau and the DFA  when appropriate,  in
28       consultation with  concerned government agencies and offices.
29
30       SHC. 64.  y!.scz JsS#cr#cc j4broed. -All visa issuances abroad shall be done by Consular Officers the
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Philippine Foreign Service posts in assigned at following manner:
(a)  Upon approval by the Commissioner and recommendation by a Consular Officer, a quota
immigrant visa may only be issued to a foreign national who has made proper application
therefor, which shall specify the nationality to which the quota 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
infomation as may be required; and
(b)  The DFA, through its Consular Offices abroad or the Office of the Visa Director,  shall
approve the issuance of non-quota immigrant and non-immigrant visas to foreign national
who has made a proper application therefor.
The  issuance  of special  non-immigrant  visas  the  famng  under 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.
48      SHC. 65.  Requirenents f or physical and Mental Exa]'nination prior to lssuance of Immigrant visa. ~
49       Prior to the issuance of an immigrant visa to any foreign national, the consular officer shall require
50       such person to submit to a physical and mental examination in accordance with such regulations as
51        may be prescribed by the commissioner.
52
27


I        SEC. 66. yz.so ya/I.dl.ty perj.ed. -A single-entry non-immigrant or imlnigrant visa issued by a consular
2       Officer abroad pursuant to section 64 of this Act shall be valid for a period not exceeding three (3)
3        months:  Prov7.c7ed,  That  in prescribing the  validity period  of a single-entry non-immigrant visa, the
4       Consular officer may allow a longer validity period based on reciprocity as accorded by the foreign
5        country to citizens of the philippines who are within a similar class.
6
7                      An  immigrant visa may be  replaced under the original  number during the  calendar year in
8
9
10
11
which the original visa was issued if the concerned foreign national establishes to the satisfaction of
the Consular Officer that the original immigrant visa was not used during the period of its validity for
reasons beyond the visa holder's control: Provz.ded, That the foreign national is found by the Consular
Officer to be eligible for another immigrant visa and has paid all the required fees.
12
13        SEC.  67.  De#z.cr/ o/ yz.scz,.  grow#cJs.  -The  Consular  Officer may  deny the  application  for visa  if it
14       appears from the statements in the application or in the documents submitted that the applicant is not
15       eligible for a visa under this Act, or if the applicant fails to comply with the requirements of any of the
16       provisions ofthisAct.
17
18       SEC. 68. Jzevocafz.o# a/y!.sc7 /ss#ec7 dy co#s"/ar Qorce. -The commissioner may, for valid cause and
19       upon  confirmation  by  the  DFA,  revoke  a  visa  issued  by  any  Consular  Offlcer.  If the  notice  of
20       revocation is not received and the visa holder applies for admission into the philippines, the admission
21       or entry of the foreign national shall be determined  by the Immigration officer pursuant to Title lv of
22       this Act.
23
24                                                                                 CHAPTER 8
25                                               RE-nNTRy AND EMIGRATloN CLEARANCE
26
27       SEC.  69.  Jig-e#try.  - In all  instances when a registered  foreign  national,  except temporary visitor,
28       departs or is about to depart temporarily from the Philippines with the intention to return within one
29       (1) year from departure, the foreign national must secure a re-entry permit or, if the authorized stay is
30       less  than  one  (I)  year,  a  Special  Return  Certificate,  and  pay  the  corresponding  fees  and  changes
31        therefor.
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SEC.  70.  Emj.grcJfi.o7®  C/eczrci#ce.  - A  registered  foreign  national who  departs pemanently from the
Philippines  shall  surrender  all  Philippine  immigration  documents  and  apply  for  and  be  issued  an
Emigration Clearance Certificate, subject to the fol lowing conditions:
(a)  The immigrant has no pending obligation with the government or any of its agencies or
instrmentalities;
(b)  The immigrant has no pending criminal, civil, or administrative proceeding which requires
continued presence in the country; and
(c)  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 the  initial
authorized stay, apply for emigration clearance and pay the prescribed fees and charges therefor.
CHAPTER9
PRESIDHNTIAL PREROGATIVES
28


1        SHC. 71. Presl.de#/z.cr/ Prerogr#.veg. -Any provision of this Act to the contrary notwithstanding, the
2       Presidentmay:
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(a)  Deny the entry and admission into the Philippines of, or impose such restrictions as may
be deemed appropriate on, any foreign national or class of foreign nationals, whenever the
President finds that such entry would be detrimental to the interest of the Philippines;
(b)  Waive passport or documentary requirements for non-immigrants and immigrants under
such terms and conditions as may be prescribed;
(c)  Change the  status of non-immigrants by allowing them to acquire pemanent residence
status without necessity of a visa;
(d)  Deport any foreign national, subject to the requirement of due process;
(e)  Admit   non-immigrants   not   otherwise   provided   for   in   this   Act   for   humanitarian
considerations  and  when  not  detrimental  to  public   interest,   under  such   terms  and
conditions as may be prescribed; and
(I)   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 T0 ENTRY
CHAPTER I
CLASSIFICATION OF PORTS OF ENTRY
28
29       SHC. 72. £4"jfeor!ty /o C/ass!;S/ Ports. -The commissioner shall classify and designate,  from among
30       the ports of entry established   by law for immigration purposes,  limited or unlimited ports of entry
31       through which foreign nationals may be admitted into the Philippines.  only such classes of foreign
32       nationals  as  provided  under  the  rules  and  regulations  prescribed  by  the  Commissioner  may  be
33       admitted  at  limited  ports  of entry.  The  Commissioner  may,  after  due  notice  to  the  public,  close
34       designated ports of entry in the interest of national security or public safety.
35
36                                                                                  CHAPTER 2
37                                                                 PROCEDURES ON ARRIVAL
38
39       SEC.   73.   Juspecfj.o#   dy  /m"z.graft.o#   Persoiq#e/.   -   A   foreign   national   seeking   admission   or
40       readmission shall present a valid passport and visa, if required, to the Immigration officer at the port
41       of entry  and  shall  be  subject  to  primary  inspection.  The  decision  of the  examining  Immigration
42       Officer,  jf  favorable  to  the  admission  of  any  foreign  national,  may  be  challenged  by  another
43       Immigration officer on any ground provided in this Act. The fmal determination on the admissibility
44       of such foreign national shall be detemined by the commissioner within forty-eight (48) hours in case
45       no resolution is reached between the Immigration Officers on the challenged admission.  In case of
46       admission, the  Immigration Officer shall  indicate  in the passport the date, the port of entry and the
47       identity of the vessel boarded.
48
49        SEC. 74. Dc/e#/r.o# or owcrrc]72fz.#e/or E*crm7.#cr/j.o#. -For the purpose of determining whether foreign
50       national arriving at any port in the philippines belongs to any of the classes excludable under this Act
51        by reason of being afflicted with any of the contagious or communicable disease or mental disorder as
52       set  forth  under  Section  84(a)  of this  Act or whenever the  Commissioner has  received  information
53        showing that foreign nationals are coming from a country or a place where any of such diseases are
29


1        prevalent or widespread, the foreign national shall be detained or quarantined for a reasonable period
2       of time  to  enable  the  immigration  and  medical  officers  to  subject  such  person  to  observation  and
3        examination.
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15
SEC.  75. MecJi.ca/ Eiccimz.#cz/I.o7i Reg#j.re"e#/.  - Any arriving foreign national  whom  the  examining
Immigration Officer believes to belong under the class of excludable  foreign nationals  specified in
Section  84(a)  of this  Act  shall  be  referred  to  designated  medical  officers  for physical  and  mental
examination. Such medical officer shall certify the findings of the examination for the information  of
the Immigration Officer.
SEC. 76. .4rr!.va/ IVo/I.ce Rcgwi.re"e#ts a/ yessc/. ~ 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.
16                      If,  upon  arrival  in  any  area  other  than  the  designated  port  and  there   is  no  available
17       Immigration  Officer  therein,  the  master,   pilot,  captain,  agent  or  consignee  shall  not  allow  the
18       passengers and crew members to disembark or leave the primary inspection area until the Immigration
19       Officer shall have conducted the primary inspection formalities.
20
21                                                                                     CHAPTER 3
22                                                                 FOREIGN CREWMEMBER
23
24       SEC. 77. Co#dj.fr.o72o/ Pe777Ii./ /a Dz.sembaJ.*.  -A foreign crewmember ofa vessel under section 44(c)
25       of this Act may be granted a conditional permit,  in a form prescribed by   regulations, to disembark
26       temporarily from the vessel on which such crewmember arrived while the vessel remains in port under
27       such terms and conditions as may be prescribed by the commissioner.
28
2;9       SEC. 18. Confiscation  and  Cancellation Of Permit;  Deportation from  the  Philippines.  -Upon the
30       determination that the foreign national is not c} bo#cz¢de crewmember or does not intend to depart on
31        the  vessel  that  brought  him,  the  Commissioner  shall  cancel  and  confiscate  the  conditional  permit
32       already  issued,  take  such  foreign  national  into  custody,  and  require  the  owner,  operator,  captain,
33       master, pilot,  agent or consignee  of the  vessel  on which the foreign national  arrived to receive and
34       detain the foreign national on board. The expenses for removal of the foreign national,  including the
35       cost of detention and other expenses incidental thereto, shall be bone by the owner, operator, captain,
36        master, pilot. agent or consignee of such vessel.
37
38       SEC.  79. £z.czbJ./z'fy/or o`;ersfeyz.#g ForeJ.gr7 Cj.owrme#.  -A foreign crewmember who remains in the
39       Philippines  in excess of the period allowed in the conditional permit issued shall be solidarily liable
40       with the owner, operator, captain, master, pilot, agent or consignee of the vessel for the payment of the
41        penalties prescribed in section l27 of this Act.
42
43       SEC. 80. £z.czbz./i.ty/or u#aw/feorz.zed Di.schczrge a/Forejgr crewmember. -It shall be unlawful for any
44       person,  including  the  owner,  operator,  captain,  master,  pilot,  agent  or  consignee  of any  vessel,  to
45       discharge any alien employed as a crewmember on a vessel arriving in the Philippines without first
46       obtaining  the  prior  permission  of the  Commissioner.  Otherwise,  such  person  or  owner,  operator,
47       captain,
48       master, pilot, agent or consignee of the vessel shall  pay such fines as may be prescribed under this
49       Act. No vessel  shall  be granted clearance from any port in the Philippines while such fmes remain
50       unpaid or while the validity thereof is being determined: Provj.ded, That a clearance may be granted
51       prior to  such  determination  upon  deposit  of a  sum  or  cash bond  sufficient to  cover  such  fines  as
52       approved by the commissioner.
30


1
2      F5EC.  81.  Duty  to  Report  Desertion  or  Illegal  Landing  Of  Foreign  Crewmember.  -  The  owrier,
3       operator, captain. master, pilot, agent or consignee of any vessel shall immediately report, in writing,
4       to the Immigration officer all cases of desertion or illegal disembarkation in the philippines from the
5       vessel, together with a description of such foreign nationals and any information that shall result in
6       theirapprehension.
7
8       S;HC. &2. Requirement f or submission of List of Ne:wly Employed,  Discharged and Illegally Landed
9       Forer.g7'2  Crew"embers.  - Prior to  the departure of any vessel  from  the  last port  in  the Philippines
10       destined to any place outside thereof, the owner, operator, captain, master, pilot, agent or consignee
11        thereof shall deliver to the lmndgration officer at that  port a list containing:
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(a)  The names of crewmembers who were not employed thereon at the time of the vessel's arrival
on such port but will depart thereat on the same vessel;
(b)  The names of those who have been discharged, if any;
(c)  The names of those who have deserted or illegally landed at that port, if any; and
(d)  Such other additional information as the Commissioner deems necessary.
SE]C. 83. Liability fior Failure to Submit Complete,  true and Correct Report. -The owner, aperator,
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  such  sum  as  may  be
prescribed under Chapter 6, Title VI of this Act. No vessel shall be granted clearance to depan from
any  port  in  the  Philippines  while  such  fines  remain  unpaid  or  while  the  validity  thereof is  being
detemined: Prow.c7ed, That clearance may be granted prior to such determination upon deposit of a
sum or cash bond sufficient to cover such fmes as approved by the Commissioner.
CHARTER 4
EXCLUSIONS
SEC. 84. Exc/"s/.ow Gro#72cJs. - The following classes of foreign nationals shall not be allowed entry
and shall be excluded from the Philippines on the following grounds:
36                      (a)  Health Related Matters
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40
41
42
43
44
45
46
(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 mental health-associated
behavior that may pose d threat to persons or danger to property;
(3)  Those  who  are  found  to  be  suffering  from  addiction  to  prohibited  or  regulated
substance;
47                      (b)  Economic concerns
48
(1)  Those likely to become a public charge;
31


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(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;
(c)  Moral Issues
(I)  Those coming to the Philippines to practice polygamy or who advocate the practice of
po]ygany 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 or 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
contemptuous or disrespectful  behavior towards the said officer or any  government
official or employee of the Bureau;
(d)  Criminal and Security Considerations
(I )  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  are  or have
been  (i)  traffickers  of  any  controlled,  regulated  or  prohibited  substance,  or  (ii)
accomplices, accessories, abettors, or co-conspirators 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 laws  prohibitirig  export  of
goods, technology or sensitive information;
(b)  any  activity  aimed  to  promote  membership  in  an  organization  of syndicated
criminal activities;
(c)  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;
32


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(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  join   a  parent,   except  that  they   may   be   admitted   at  the   discretion   of  the
Commissioner, if otherwise admissible : Provj.dec7, That they present a written consent
to  travel  from  either parent  citing the  purpose  thereof and  afflrmed  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.
19       SEC.  85.  remportz7.); Can/ody a/Ex.c/wc7czb/e  Forei.gr IVcrfi.o#cz/s.  -For  the  purpose  of ascertaining
20       whether  a  foreign  national  arriving  in  the  Philippines  belongs  to  any  of the  excludable  classes  of
21        foreign  national  provided  in  this  Act  or  related  laws,  the  Immigration  Officer,  for  a  period  not
22       exceeding seventy-two (72) hours, may temporarily take into custody for investigation such foreign
23       national  either on  board  the  vessel  or at  a  place  designated  for the  purpose  at  the  expense  of the
24       master, captain, agent, owner or consignee of the carrying vessel.
25
26       SEC. 86. F!.7!c7/i.fy o/Exc/wsj.o#  Order.  --An order by the Immigration Officer to  exclude  a foreign
27       national who is excludable under this Act is fmal and executory unless revoked by the commissioner
28       upon a timely appeal prior to the implementation of the exclusion order.
29
30       SEC. 87. 4w/foorjty fo  wag.ve Grow73cZs/or E)fc/wsi.o#. -Except for grounds of exclusion under section
31        84(d),  subparagraphs  1  to  7  and 9.  the Commissioner may waive any of the grounds  for exclusion
32       mentioned in section 84 of this Act.
33
34       SEC. 88. Procedwre o/Remow/ cznd car/ 77!ereo/ -Foreign nationals arriving in the philippines who
35       are ordered excluded shall be immediately removed to the country where they boarded the vessel on
36       which they arrived,  in  accommodations of the sane class, unless the Commissioner determines that
37       immediate removal is not proper and practicable pursuant to applicable conventions, laws, rules and
38       regulations,  which  case  such  excluded  foreign  nationals  shall  be  ordered  detained.  The  cost  of
39       removal, detention and other expenses incidental thereto shall be bone by the owner, operator, master,
40       pilot, captain, agent, or consignee of the vessel on which such foreign nationals arrived.
41
42       SHC. 89. Cocf#/7:}; W7!ere Re7„ovcr/ I.s fo be D!.rec/ed. -If the government of the country designated in
43       the preceding section will not accept the foreign national into its territory, the removal of the foreign
44       national shall be directed, at the commissioner's discretion to any of the following:
45
46
47
48
49
50
51
52
53
(a)  The country of which the excluded foreign national 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.
33


I
2       EEC. 90. Obligation Of Owner,  Operator,  Master,  Captain,  Pilot,  Agent or Consignee.  ~ It shall be
3       unlawful for an owner, operator, master, captain, pilot, agent, or consignee of a vessel to refuse or fail
4to:
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6
7
8
9
10
11
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15
16
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19
(a)  Board  a  foreign  national  ordered  excluded  and  removed  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  an
Immigration Officer;
(d)  Remove a foreign national from the Philippines to the country to which the individunl's
removal has been directed; or
(e)  Pay the cost of detention and such other costs and expenses necessary or incidental to the
removal of the excluded foreign national as provided in this Act.
20
21        SEC.  91. Perm/ty/or IVo#-coup/z.crJ®ce a/ Ob/i.gr/z.on.  -The owner,  operator,  master,  captain, pilot
22       agent,  or consignee of vessel  who violates  Section 90  of this Act shall  pay the fines  prescribed  in
23       Chapter 6, Title vl of this Act. No vessel shall be granted clearance from any port in the philippines
24       while  such  fines  remain  unpaid  or  while  the  validity  thereof is  being  determined:  Pr(7v7.dec7,  That
25       clearance may be granted prior to such determination upon deposit of a sum or cash bond sufficient to
26       cover such fines as approved by the commissioner.
27
28                                                                                      TITLE V
29                                                                             DHPORTATI0N
30
31                                                                                      CHAPTER I
3 2                                                        DEPORTABLE FOREIGN NATIONALS
33
34       SEC. 92. C/asses o/Depor/¢b/e Forej.gr IVcz/z.o#a/a. -The following foreign nationals shall be taken
35       into custody upon the order of the commissioner and deported upon recommendation by the Bsl and
36       approvalbytheBoard:
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40
41
42
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44
45
46
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48
49
50
51
(a)  Those  who  entered  the  Philippines:  (i)  by  means  of  misrepresentations  or  false  or
misleading  statements  or  documents,  or  (2)  without  inspection  and  admission  by  the
immigrati on authorities ;
(b)  Those 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 who 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;
34


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(I)   Those who  believe  in,  advise,  advocate, teach,  or otherwise engage  in  any  activity the
purpose of which IS the opposition tl, or the control or overthrow of, the Government of
the Republic of the Philippines or any of its duly constituted authority by foree, violence,
or other unlawful  means,  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, 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;
(i)   Those who, at any time after entry, are convicted by final judgment of a crime involving
moral turpitude punishable under Philippine penal laws;
ti)   Those who were  admitted as  non-immigrants and who  obtained an adjustment of their
admission   status   for   convenience,   or   throust   fraud,   falsification   of   documents,
misrepresentations or concealment of material facts;
(k)  Those who violated Philippine labor and taxation laws, rules and regulations;
(I)   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 Filipinos or the Republic of the
Philippines as sovereign nation;
(in) 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 Bureau;
(n)  Those whose presence or activities in the country may result in adverse consequences to
Philippine foreign policies as determined by the Secretary of Foreign Affairs;
(o)  Those  who  misrepresented  themselves  as  Filipino  citizens    in  all  immigration  matters;
and,
a)  Those  who  commit  any  violation  of the  provisions    of this  Act,  independent  of any
criminal  action  which  may  be  brought  against  them:  Provj.dad,  That  in  the  case  of a
foreign   national   who,   for   any   reason,   is   convicted   and   sentenced   to   suffer   both
imprisonment and deportation, said foreign national shall first serve the entire period of
the sentence before being deported.
CHAPTHR 2
DEPORTATION PROCEEDINGS
51        SHC. 93.  IVcr/wrc o/Depor/clft.o72 Proceedz.ngs. -Deportation proceedings shall be independent of any
52       action that may be instituted against a foreign national: Prov;.cJecJ, That no deportation order shall be
35


I        issued   against   foreign   nationals   facing   preliminary   investigation,   prosecution   and   trial   before
2       competent authorities.
3
4       SIC.  94.  IVo#-Prescrzprj`o#  o/ Depor/cr/j.o73  Cases.  -The  right  of the  State  to  initiate  deportation
5        proceedings shall not prescribe
6
SHC.  95.  Fo/'77!cr/  C¢czrge  a/ Depor/cz/z.o#.  -A  formal  charge  for  deportation  shall  be  issued  upon
determination of the existence of a prz.mcr/aci.e case against the foreign national.
9
10       SEC.  96.  Bcz7./.  -Pending  final  determination of the  foreign national's  deportation  case,  the  foreign
11       national shall, upon the discretion of the commissioner, remain under detention or be released on bail
12       or  recognizance.  The  bail  may  be  revoked  and  confiscated  in  favor  of the  government  if there  is
13       sufficient evidence that the foreign national is evading the proceedings or is attempting to abscond, in
14       which case such foreign national shall be taken into custody and placed under detention by order of
15       the commissioner.
16
17       S5EC. 91. Custody of a Foreign National corrvicted of a Felony or an Qf f ;ense. -AIlyer sJf 5rviee of the
18       sentence or compliance with the  conditions of parole or probation,  as the case may be, the foreign
19       national shall be taken into custody for immediate deportation by order of the Board.
20
21         SEC. 98.  yo/wrl/any Depor/cI/z.o7®,  W7!e# j4#Jfeorz.zed.  -The Commissioner may waive the deportation
22       proceedings and order the departure of the foreign national within the period specified in the voluntary
23       deportation  order if the  foreign  national  does  not contest the  formal  charge  and opts to  voluntarily
24       leave the country and pays for all expenses: Provided, That the foreign national has not committed any
25        criminal  offense  or has  no  pending  criminal  investigation:  Provided,  further,  That the  said  foreign
26       national  so deported shall be barred from re-entering the country without prior written authorization
27       from the commissioner.
28
29       SEC.  99.  Per;.oc7 /o  E#/orcc  Order  a/Depor/cz/jo#.  -The  order of deportation  shall  be  enforced
30       immediately  but  in  no  case  shall  exceed  three  (3)  months  from  the  date  it  has  become  final  and
31        executory.  If deportation  is  not  enforced  within  the  prescribed  period,  the  foreign  national  may  be
32       released on bail orrecognizance.
33
34       SEC.loo. Sc{spensz.o# o/Deporfcrfz.o# Orc7er. -The commissioner may suspend the implementation
35       of the deportation order and order the release of the foreign national on bail or recognizance, taking
36       into accountthe following factors:
37
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40
41
42
43
44
45
46
47
48
(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
(I)   Other humanitarian considerations.
49
50       SEC.101.  jtei.#s/cr/eme#/  o/ a  DeporJc}/;.o#  Order.  -A  deportation  order  previously  implemented
51        against
36


I        foreign  national who  unlawfully re-entered the  Philippines  shall  be deemed automatically reinstated
2       and  shall be implemented in accordance with this Act.  This provision shall  also apply to  a foreign
3       national  who  departed  voluntarily  under  Section  98  of  this  Act  and  rerentered  the  Philippines
4       unlawfu]ly or without prior written authorization from the commissioner.
5
6       SEC.102. Cow#try o/Des/I.#cz/I.o72 a/a Deporrec. -Except as provided for under an existing treaty or
7       international  agreement,  a foreign national  shall be deported to the country of which the person is a
8       citizen or national, or foreign nationa]'s country of birth, or the country of which the individual is a
9       resident,  or  the  country  from  which  the  individual  embarked  for  the  Philippines,  subject  to  the
10       acceptance by the receiving country.
11
12       SEC.103. Cos/ o/Depor/crfz.o7i. -The owner, operator, captain, master, pilot, agent or consignee ofa
13       vessel shall bear the cost of deportation of any of its foreign crewmembers deemed deportable under
14       Section 92 of this Act. In all other cases, the cost of deportation shall be borne either by the deportee,
15       by the concerned consular office, nongovemment organizations or people's organizations with which
16       the  Bureau  has  an  agreement  on  this  matter,  or  shall  be  charged  to  the  appropriations  for  the
17       implementation of this Act.
18
19       S;rae. ro4. Liability Of Owner,  Operator, Captain,  Master,  Pilot,  Agent or Consignee Of a Vessel. ~
20       Failure or refusal on the part of the owner, operator, captain, master, pilot,  agent or consignee of a
21       vessel to take on board, guard safely and transport the deportee to the foreign national's country of
22       destination,  or to  shoulder the  cost of deportation  of the  foreign  crew  member as  provided  in  the
23       preceding section, shall be subject to the administrative fines prescribed under chapter 6, Title vl of
24       this Act.
25
26       SHC.105. Dcsi.grcz/!.o# o/j4ccowpc}nyz.#g perso#. -The commissioner may, for security -reason or by
27       reason  of the  mental  or  physical  condition  of the  deportee,  direct  an  employee  of the  Bureau  to
28       accompany  such deportee  to  the  country  of the  deportee's  destination,  subject to  the  provisions  of
29        Section 103 of this Act.
30
31                                                                                     CHAPTER 3
32                                                              INDIGENT FOREIGN NATIONAL
33
34        SEC.106.  Removo/ o/J}ac7j.ge72f Forez.g7'2 IVczrz.o7.!a/.  -At any time  after entry,  the commissioner may
35       remove indigent foreign nationals from the philippines to either the country of which they are citizens
36       or nationals,  their  country  of birth,  or their  country  of residence,  as  the  case  may  be.  The  cost  of
37       deportation may be charged against the available funds of the Bureau. Any foreign national removed
38        under this section shall be barred re-admission except upon written authorization of the Board.
39
40                      This provision shall not apply to a foreign national declared as an indigent by any Philippine
41        court for purposes   offiling a case or to pursue an action which resulted in the individual's indigency
42       until such case or action is resolved with finality: Provjc7ed, That no other grounds for deportation exist
43        during the pendency of such case or action.
44
45
46
47
48
49
50
TITLE VI
MISCELLANFOUS PROVISIONS
CHAPTER I
REGISTRATION OF FOREIGN NATIONALS
37


1
2
3
4
5
6
7
8
SEC. 107. Regwz.re"e7?/ o/Jiegis/rafz.on. ~ All foreign nationals, regardless of any exemption provided
by law, shall register with the Bureau or any Immigration Office nearest to their place of residence on
or before the sixtieth (60th) day of their latest arrival in the Philippines.
SEC. 108. Rcg;.strczfz.o# Form crnd Oczffo. -Applications for registration shall be under oath and in such
form as prescribed  by the Bureau. Upon registration, a certificate of registration shall be issued to the
registrant. In case of loss or destruction of the certificate, a replacement certificate may be issued by
the Bureau upon proper application and payment of prescribed fees
9
10       SEC.109.  .4"e7tc77#e#f  a/ Regj.sera/i.o7!.  -Registered  foreign  nationals  shall  notify  the  Bureau  in
11       writing of any change of information in their registration documents not later than seven (7) days from
12        suchchange.
13
14       SEC.Ilo.  Prese#/cz/I.o# a/ C'err}/;cc7/e a/Regz.sera/z.o#.  ~ Every  foreign national  required to  register
15       under this Act or the parent or guardian of such foreign national shall, upon demand by any personnel
16       authorized by the commissioner, present a certificate of registration of such individual, and failure to
17       do so withoutjustifiable cause shall be dealt with in accordance with the provisions of this Act.
18
19
20
21
22
23
24
25
26
27
28
29
SHC.Ill. Repor/orz.a/ jieg2jz.reme#ts.  ~ Every foreign national registered under this Act shall, within
the first sixty (60) days of every calendar year, report in person to the Bureau. 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.112. Fcrj./#re /o Camp/y wj.frfe Rcg#z.remc#ts. -A foreign national, or the parent or guardian of the
foreign national, 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 (lealt with in
accordance with the provisions  of this Act and  other existing laws.
30        SEC.113. Cc}#cc//cz/I.o# o/Jiegi.s"c}/I.o# a/Forez.g7'i IVczr/.oJ'2c}/.  -In case of death of a foreign national
31       registered under the provisions of this Act, the legal heir, representative or administrator of the foreign
32       national must inform the Bureau within sixty (60) days   from such death, and the Bureau shall cancel
33       the  registration  of the  deceased  foreign  national.  The  Local  Civil  ReSstrar  or  other  civil  registry
34
35
36
37
38
39
40
41
officer of the  locality  where  said foreign national died shall  furnish  the  Bureau 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 specified in this section shall be dealt with pursuant to the
provisions of existing laws.
CHAPTER 2
BONDs AND DHroslTs
42        SHC.114. Bo7cds,  W7ie# j}eg#z.rec7. -The Bureau shall have the authority to require cash bonds in such
43        amounts and such conditions as under it may prescribe in order to:
44
45
46
47
48
49
50
51
52
(a)  control  and regulate  the  admission  into,  and  departure  from,  the  Philippines of foreign
nationals applying for temporary admission;
(b)  insure against foreign passengers liable to be excluded as likely to become public charges;
and
(c)  ensure  the  appearance  of foreign nationals  released  from  custody  during the  course  of
deportation proceedings instituted against them.
38


1
2       SEC.115. Regc{j.reme#/ a/C'asfe Dcposj/S/or serv].ces Re7ac7ered. -The Bureau shall likewise have the
3
4
5
6
7
8
9
10
11
12
13
14
15
16
authority  to  require  cash  deposits  in  such  amounts  as  may  be  necessary  from  a  vessel's  owner,
operator, captain, master, pilot, agent, or consignee or other persons served for services rendered as
established by the implementing rules and regulations.
SHC. 116. CcI7zce//cz/i.o# cwad For/ej./wre a/Bondr. -When the conditions of the bond are fulfilled, or in
case the Commissioner determines that the  likelihood that a foreign national shall become a public
charge no longer exists, or in case of 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 the  removal  of
indigent foreign nationals and to cover the costs of operations in locating deportees who jump bail.
CHAPTER 3
RECOGNIZANCE ,
17
18       EEC.1\7. Petitions f or Recognizance, Sanction jior Breach of conditions. -The cormiss.\oner may
19       order the release of foreign national upon recognizance of the foreign national's  lawyer or a person
20       who  is  of good  standing  in  the  community,  under  such  terms  and  conditions  as  the  Board  may
21        prescribe.  Failure  to  comply  with  the  terms  and  conditions  of the  shall  recognizance  said  subject
22       lawyer or person to a fine of not less than Fifty thousand pesos (P50,000.00) but not more than one
23       hundred  thousand   pesos   (P100,000.00),   without  prejudice  to  other   administrative   sanctions   or
24       proceedings against the erring party.
25
26                                                                                  CHAPTER 4
27                              COOPERATION AND COORDINATION WITH OTHER OFFICES
28
29        SEC.  Il8.  Wroth.#g i.# Coapercr/;.ow wz./fe rfec DF4. -The Bureau shall work closely and in cooperation
30       with the DFA for purposes ofefficient implementation and administration of this Act.
31
32        SEC.   119.   Wrorfo.ng  i.72   Coaperc7fro#  wjf¢  ffee  Cf7ED.   -  The  Bureau  shall  work  cl{jsely  and  in
33       cooperation  with  the  CHED  with  respect  to  the  accreditation  of schools  and  leaning  centers  for
34       enrollment offoreign students as authorized under this Act.
35
EEC.1ZO. Working in Cooperation with the Civil Aviation Authority Of the Philippines (CAAP) . -The
Bureau  shall  have  the  authority  to  maintain  coordination  with  the  National  Security  Council,  the
Philippine National Police (PNP), and other law enforcement agencies of the government.
39
40       SEC.121. Coordination with Law Enf orcement, Security and other of f ices. -The Bureau shall hove
41       the  authority  to  maintain  coordination  with  the  National  Security  Council,  the  Philippine  National
42       Police (PNP), and other law enforcement agencies of the government.
43
44
45
46
47
48
49
50
51
52
CHAPTER 5
FEHS AND CHARGES
Srdc. T12. Authority Of the Board to Prescribe, Impose and Collect Fees and Charges. ~ The Board is
authorized to prescribe,  impose,  and collect fees and charges for services rendered, pursuant to the
provisions of this Act.
CHAPTER6
ADMINISTRATIVE FINES
39


1
2       SEC. T23. Fine for Failing to Submit Crew List or Passenger Manifest, or Failure to Account Ewery
3       Passe#ger a7'3c7 C'reM/.  - Any owner, operator, master, captain, pilot,  agent,  or consignee of a vessel
4
5
6
7
8
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.
9
10       SEC. L24. Fine f or violation of obligation on the Landing or Removal of Foreign Nationals. -ALny
I 1        owner,  operator,  master,  captain,  pilot,  agent,  or  consignee  of any  vessel  arriving  at  a  port  of the
12       Philippines from a place outside thereof having a foreign national on board  in violation of this Act
13        shall  be  fined  not  less  than  Fifty  thousand  pesos  (P50,000.00)  but  not  more  than  Two  hundred
14       thousand pesos (P200,000.00) for each act or violation consisting of:
15
16
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18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
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39
40
(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  detain  a  foreign  national  on  board  any  such vessel  at  the  port  of
arrival when required by this Act or so ordered by an Immigration Officer;
(c)  Refusal or failure to deliver a foreign national for medical or other examinations when so
ordered by an Immigration Persormel ;
(d)  Refusal or failure to pay the cost of maintenance and other costs, as required by this Act,
of such foreign national when temporarily removed from the vessels for ex€imination by
order of the Immigration Officer;
(e)  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 as required under Sections 90
and 104 of this Act;
(I)   Refusal or failure 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; and
(g)  Making any charge against such foreign national for the cost referred to in (`d) 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.
41
42      SEC. 12S.  Fine .i;or  Bringing Undocumented  Foreign National,  or  Foreigl'. National  Afflicted with
43       Communicable  or  Contagious  Disease,  or  Suffering from  Mental Disorder. ~ The owneK, apermto[,
44       master,  captain,  pilot,  agent,  or consignee of the vessel  arriving  at a port  in the Philippines  from  a
45       place outside thereof bringing on board an undocumented foreign national shall be fined one hundred
46       thousand  pesos  (P100,000.00)  for  each  foreign  national.  If the  foreign  national  is  afflicted  with
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.
50
51       SiEC. IZ6.  Fine f;or  Bringing a  Foreign  National  to Assist  His  Illegal  Entry  or  Misrepresenting a
52       Forez.gr IVcr/j.o#cz/ crs cz "ember a/£rfec Crew. -The owner, operator, master,  captain, pilot, agent, or
40


I
2
3
4
5
6
7
8
9
10
11
12
consignee of the vessel arriving at any port in the Philippines from a place outside thereof bringing on
board 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 (P100,000.00) but not
more than Two hundred thousand pesos (P200,000.00) for each foreign national.
SEC.  127. Fz.#e/or cw! Oi;ersfcryi.J9g Crcw"ember. -Any foreign crewmember who willfully remains
in the Philippines beyond the period allowed for temporary landing shall be fined not less than Fifty
thousand  pesos  (P50,000.00)  but  not  more  than  One  hundred  thousand  pesos  (P100,000.00).  The
owner, operator, master, captain, pilot, agent, or consignee of the vessel shall be solidarily liable for
the fine imposed on such overstaying crewmember.
13       SEC.  128.  Fine for Assaulting  an  Immigration  Personnel.  -Any  flor[n  of assault  dfrocted to  any
14       persormel of the Bureau is an act of disrespect. In case the assault is committed by a foreign national at
15       the ports of entry and exit, such foreign national shall be excluded or deported, as the case may be, and
16       shall  be  fined  Two  hundred  thousand  pesos  (P200,000.00)  without  prejudice  to  the  right  of the
17        aggrieved
18
Immigration Personnel to file appropriate criminal, civil or administrative cases against such person.
19
20                      For purposes of this Act,  an  Immigration Offlcer shall  be considered  a person  in  authority
21
while in the performance of official duty.
22
23        SEC.129. J7j.#e/or  yj.a/cz#.o7. o/Ojfeer prow.sj.o72s o/£foi.a 4c/.  -The owner, operator, master, captain,
24       pilot,  agent, or consignee of any vessel arriving at any port of the  Philippines from a place outside
25       thereof who violates any other provision of this Act not specifically provided in this chapter shall be
26       fined not less than Fifty thousand pesos (P50,000.00) but not more than Two hundred thousand pesos
27       (P200,000.00) for each violation.
28
29                                                                                 CHAPTER 7
30                                                                           PHNAL PROVISIONS
31
32        SEC.130. Profer.bz.red.4cJs cwtd Pe#a/fz.es.  -Any person who shall commit any of the acts specified
33       hereunder shall, upon conviction, suffer the penalty of imprisonment for not less than five (5) years but
34       not more than ten (10) years, or a fine of not less than one hundred thousand pesos (P100,000.00) but
35        not  more  than  Five  hundred  thousand  pesos  (P500,000.00),  or  both  imprisonment  and  fine,  at  the
36        discretion of the court:
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
(a)  Impersonating  another  individual,   or  falsely   appearing  in  the   name   of  a  deceased
individual,  or evading  immigration  laws  by  using  an  assumed  or  fictitious  name  when
applying for an immigration document;
(b)  Issuing or otherwise delivering an immigration document or an immigration  accountable
form to any person not authorized by law to receive such documents;
(c)  Obtaining,   manufacturing,   printing,   accepting   or   using   any   immigration   or   travel
document knowing  it to  be  false,  or using an  immigration accountable form that  is  not
legally issued;
(d)  Entering or leaving the Philippines without inspection and admission by the immigration
authorities,  or obtaining  entry  into  or  departure  clearance  from  the  Philippines through
fraud, misrepresentation, or concealment of material facts;
41


1                       (e)  Misrepresenting oneself to be a citizen of the philippines;
2
3                      (I)   Knowingly making any false statement under oath regarding any immigration matter; or
4
5                       (g)  Bringing  into,  or  landing  in  the  Philippines,  or  concealing,  harboring,  employing,  or
6                             giving  comfort  to,  any  person  not  duly  admitted  by  an  Immigration  Personnel  or  not
7                              lawfully entitled to enter into or reside within the Philippines, or attempting,  conspiring
8                              with, or aiding another to commit any such acts.
9
10                      Where  the  offender  of any  act  specified  in  paragraph  (g)  of this  section  is  a  corporation,
11        partnership  or  other juridical  entity,  the  president,  general  manager,  managing  parther,  or  chief
12       executive officer thereof shall be held  liable.  Dismissal of the employee by the employer before or
13        after  apprehension  shall  not  relieve  such  employer  from  any   liability  arising  from  the  offense:
14       Provz.ded,  That if the offender is the owner, operator, master,  captain,  pilot,  agent,  or consignee,  or
15        other person  in charge of the vessel that brought the  foreign national  into the Philippines  from any
16       place  outside  thereof,  the  fine  imposed  under  this  section  shall  constitute  a  lien  against the  vessel
17       which may be enforced in the same manner as fmes are collected and enforced under existing laws.
18        Such  vessel  shall  not  be  allowed  to  depart  without  prior  clearance  issued  by  the  Bureau.  Where
19        forfeiture isjustified under the particular
20       circumstances of the case, the forfeiture of the vessel in favor of the government in lieu of the fine
21        shall be decreed.
22
23                      Conviction final judgment by of any offense punishable under this Act or other related laws
24       shall  result  in the  automatic  revocation  or cancellation of any  immigration document issued to  the
25        offender, including that of the foreign national's spouse and unmarried children, if applicable.
26
27       SEC.131. Penaltyf tor Aiding the  Escape of Detained Foreign National. -A\ny person who shall be
28       found to have helped, assisted, supported, caused or mihistered the escape,  including harboring and
29       concealing, ofa foreign national shall, upon conviction, be imprisoned for not less than flve (5) years
30       but  not  more  than  ten  (10)  years  and  a  fine  of  not  less  than   Two  hundred  thousand  pesos
31        (P200,000.00):
PJ.ov].cJed, That if the person liable is a foreign national, such person shall be deported after service of
sentence: ProvJ.dec7, givr/7]er, That any tools, equipment, implements or vehicles used in the escape of a
detained foreign national shall be destroyed or forfeited in favor Of the government.
35
36       SEC.132. Pe#a/ty/or IVo#-coup/i.c}#ce o/SwZJpoe#cI. -Any person who, having been duly served with
37       a   subpoena,   fails  to   comply   without  valid   and  justiflable   reasons   shall   suffer  the   penalty   of
38       imprisonment  of not  more  than  fifteen  (15)  days  or  a  fine  of not  more  than  One  thousand  pesos
39       (P1,000.00), or both, at the discretion of the court.
40
41
42
43
44
45
46
47
48
49
SEC.133. Imposition Of Maximum  Penalty,  When Applicable.  -AL person convieted under RLepublie
Act No. 3019, as amended, otherwise known as the "Anti-Graft and Cormpt Practices Act", or other
laws against corruption and bribery in relation to any violation or circumvention of any provision of
this  Act  shall  suffer  the  maximum  penalty  under  the  said  Republic  Act  or  other  laws  against
corruption and bribery, as the case may be.
CHAPTER 8
UPGRADING 0F POSITIONS, COMPHNSATI0N, AND BHNEFITS
42


I       SEC. T34. Creation of New positions, Reclassif ication of Existing positions and upgrading of salary
2       £eve/a.  -  The  following  positions  in  the  Bureau  are  hereby  created,  and  the  existing  positions
3       reclassified or upgraded, with the corresponding salary grade levels:
4
EXISTING POSITION
RECLASSIFIED POSITION/
SALARY GRADE
NEWLY CREATED POSITION
From
To
Commissioner
Commissioner Ill
30
30
Deputy Commi ssioner
Deputy Commissioner Ill
29
29
Director 11, Internal Affairs Service
26
Attorney V (Board of Special Inquiry)
Attorney V, Board of Special Inquiry
25
25
Attorney IV (Board of Special Inquiry)
Attorney IV, Board of Special Inquiry
23
23
Attorney Ill (Board of Special Inquiry)
Attorney Ill, Board of Special Inquiry
21
21
Attorney V (Legal Division)
Chief Legal Affairs Officer
25
25
Attorney IV (Legal Division)
Attorney IV, Legal Division
23
23
Attorney Ill (Legal Division)
Attorney Ill, Legal Division
21
21
Chief Administrative Officer
Chief Administrative Officer
24
24
(Administrative Division)
Supervising Administrative Officer
Supervi sing Administrative Officer,
22
22
(Administrative Division)
Administrative Div ision
Chief Immigration Officer
Chief Alien Registration Officer
24
24
(Alien Registration Division)
Intelligence Officer V
Chief Immigration Intelligence Officer
24
24
(Intelligence Division)
Chief Immigration Law Enforcement
24
Officer
Chief Immigration Officer
Chief immigration Operations Officer
24
24
(Port Operations Division)
Chief Immigration OffLcer
Chief immigration Regulation Officer
24
24
(Immigration regulation Division)
Chief Human Resource Management
24
Officer (Chief Personnel  Specialist)
Supervising Human Resource
22
Management Offlcer
Chief Administrative Officer
Chief Finance and Logistics Officer
24
24
(Finance and Management Division)
Supervising Administrative Officer
Supervising Administrative Officer,
22
22
(Finance and Management Division)
Finance and Logistics Division
Planning Officer V
Chief Planning and Research Officer
24
24
(Planning and Policy Division)
Planning Officer IV (PPD)
Research and Plarming Officer IV
22
22
Planning Officer Ill (PPD)
Research and Planning Officer Ill
18
18
Planning Officer 11 (PPD)
Research and Planning Officer 11
15
15
Planning Officer I (PPD)
Research and Planning Officer I
11
11
Information Technology Officer Ill
Chief Information Technology Officer
24
24
(Management Information System Div)
Information Technology Officer
Information Technology Officer
19
19
43


Information System Analyst 11
Information System Analyst 11
16
Supervising Imm igration Officer
Supervising Immigration Officer
22
(IRD, ARD, POD)
Intelligence Officer IV
Senior Immigration Officer
Senior Immigration Officer
19
Immigration Officer Ill
Immigration Officer Ill
16
Intell igence Officer Ill
Immigration Officer 11
Immigration Officer 11
13
Intelligence Officer 11
Special Investigator 11
Immigration Officer I
Immigration Officer I
11
Intelligence Officer I
Special Investigator I
Intelligence Agent 11
Immigration A ssistant
Administrative Officer V
Administrative Officer V
18
(Adm inj strative Officer Ill)
Administrative Officer V
(Cashier Ill)
Administrative Officer V
(HRMO 111)
Administrative Officer V
(Records Officer Ill)
Admini strative Officer V
(Supply Officer Ill)
Administrative Officer V
(Procurement)
Administrative Officer V
(Management and Audit Analyst Ill)
Administrative Officer V
(Budget Officer Ill)
Medical Officer 11
Medical Officer Ill
21
Computer Programmer 11
Information Technology Officer I
15
Computer Maintenance Technologist 11
Dentist 11
Dentist 11
17
Fingerprint Examiner IV
Fingerprint Examiner IV
15
Accountant Ill
Accountant Ill
19
Accountant 11
Accountant 11
16
Accountant I
Accountant I
12
Board Secretary V
Regional Programs Coordinator
Training Specialist Ill
Psychologist Ill
Document Examiner 11 I
Training Specialist 11
Project Development Officer 11
44


Psychologist 11
15
Security Officer 11
15
Computer Programmer I
11
1
2                      Upon the recommendation of the commissioner, and subject to existing civil service rules and
3       regulations, the secretary of Justice shall reorganize, upgrade, or otherwise make adjustments in the
4       offices  of the  Bureau  as  required  by  the  implementation  of this  Act:  P7`ovj.did,  That  to  the  extent
5       possible,  the  incumbent  chiefs  of sections  and  divisions  whose offices  are  hereby  affected  may be
6       upgraded to positions of comparable rank   in the rcorganization: Prov!.dec7, /wwher, That for the new
7       positions created under this Act, the Board shall designate the personnel thereof.
8
9       SiEC. [3S. Retention and use of Immigration Fees, Fines and other Income; Immigration trust Fund.
10
11
12
13
14
15
16
17
- The Board is hereby authorized to retain and use every year thirty percent (30%) of its collections
from immigration fees, fmes and penalties, and other income that may be collected by the Bureau for
the effective implementation of this Act: Provz.ded, That the amount so retained and used by the Board
shall not exceed  One billion two hundred million pesos  (Pl,200,000,000.00) every year:  Provz.dad,
/2tr/foer, That the Board shall review every three (3) years the maximum allowable retained collections
based on the needs of the Bureau under this section, subject to the approval by the DBM: Provided,
##cI/fy, That any excess in the collections under this paragraph shall accrue to the general fund of the
national government.
18
19                      There  is  hereby  created  an  Immigration  Trust  Fund  (ITF)  sourced  from  the  collections
20       mentioned  in this  section.  The ITF shall  be  administered by the Board jn  accordance with existing
21        government auditing rules and regulations, and shall  be used exclusively as follows:
22
23
24
25
26
27
28
29
30
31
32
33
(a)  Fifty  percent (50%)  for the  modemization  of equipment,  facilities  and offices  used by
employees of the Bureau, including capital outlay for the establishment of new buildings
and field offices for the effective implementation of this Act;
(b)  Thirty percent (30%) for the payment of employee benefits provided in this Act, and as
may be hereafter provided by the Board with the approval of the Secretary of Justice; and
(c)  Twenty percent (20%) for the further professionalization of the employees of the Bureau
including trainings, seminars and other career advancement programs.
All interest income, dividends and earnings accrued from the ITF shall also form part of the
34       Fund. No portion of the ITF shall revert to the general fund of the National Government, except when
35       the lTF is no longer necessary for the purposes for which it was established.
36
37                      Collections from express lane fees under section  1 I(p) of this Act shall not form part of the
38       ITF, and shall be used strictly in accordance with the said provision.
39
40
41
42
43
44
45
46
47
CHAPTHR 9
TRANSITORY PROVISIONS
SEC.  137.  J#/er;.in Perj.od. - The  incumbent Commissioner and the two  if Deputy Commissioners,
under this qualified Act,  shall continue to discharge the functions of their position unless otherwise
removed  by  the  President.  All  persormel  of the  present  Bureau  of Immigration  shall  continue  to
discharge the functions of their positions pending the reorganization as provided in this Act.
45


1        SEC.138. Reorg¢#!.zcz/j.o# o/f7Ie Bwrecrej. -Upon approval of this Act, all employees of the Bureau of
2       Immigration  covered  by  civil   service  rules  and  regulations  shall  continue  to  hold  their  present
3        positions
4       pending the reorganization of the Bureau in accordance with the new staffing pattern: Provj.ded, That
5       the salaries, wages, allowances and other benefits of incumbent officers and employees of the Bureau
6       shall not be  subject to  diminution:  Prow.dec7, rtyr/fecr,  That employees who  have  been dismissed  for
7       cause shall no longer qualify for any position in the Bureau.
8
9       SEC. LSD. Invenlory and Tranrf er of properties, Accounts, Assets,  Liabilities and obligations to the
10       B"reaw. -All buildings, properties, equipment, as facilities, accounts, other assets,liabilities and other
11        obligations  well  as  records  of  the  Bureau  of  Immigration  shall  be  properly  inventoried       and
12       transferred to the Bureau.
13
SEC. 140. Force a/rrecrfy or ,4grceme#f. ~ Any treaty or agreement entered into between the foreign
state before Philippines and any the effectivity of this Act shall remain in force and effect.
17        SEC.141. PeJccJ}:ng Cc]ses.  -Any prosecution,  suit,  action, proceeding, or any act or matter, civil or
18       criminal, pending the at time of the effectivity of this Act shall not be affected by any of the provisions
19        of this Act unless otherwise explicitly stated herein.
20
21
22
23
24
25
26
27
CHAPTER 10
ADMINISTRATION AND IMPLEMENTATI0N
SEC.  142. .4c7mz.#z.str¢/i.o#  cr7¢d /mp/eme#/c7rj.o# 4Z7roczcJ.  - The administration  and  implementation of
this Act abroad,  including the rules and regulations, and specific visa policies or guidelines, shall be
the responsibility of the DFA, with due notice to the Bureau and other concerned agencies and offices.
28       SEC.143. Imp/eme#/z.#g jiw/es cz#cJ Regw/czf;.o#5. -Within sixty (60) days from the effectivity of this
29       Act,  the  Commissioner  shall,  in  coordination  with  the  Secretaries  of   Justice,  Foreign  Affairs  and
30       Budget and Management, promulgate the rules and regulations for its effective implementation.
31
32        SEC.  144. Afzpraprz.cr/j.ous.  ~  The  amount necessary to  cover the  initial  implementation of this  Act
33        shall be charged againstthe following:
34
35                      (a)  Current year's appropriation of the Bureau of  Immigration; and
36
37                      (b)  Immigration fees, fines and other income authorized under section 1 36 of this Act.
38
39                      Thereafter, such sums as may be needed for its continued imp]ementation shall be included in
40       the  annual  General  Appropriations  Act  or  sourced  from  the  Immigration  Trust  Fund  pursuant  to
41         Section  136 of this Act.
42
43                                                                                CHAPTER ll
44                                                                         FINAL PROVISIONS
45
46        SEC.145. SepczJ.czb7./7.ty C/czase.  -If any  provision of this Act is  held unconstitutional or  invalid,  all
47       other provisions not affected thereby shall remain valid.
48
49       SEC.  146.  Repec}/z.ng C/c7#se.  -Commonwealth  Act No.  613,  otherwise  known as the  "Philippines
50       Immigration Act of 1940", as amended,  and Republic Act No. 750 entitled  "An Act Designating as
51        Special  Agents  of the  Bureau  of Immigration  All  Provincial,  City  and  Municipal  Treasurers,  and
46


J,
1        Providing for the Allocations to the provincial, City, and Municipal Governments of Ten per centum
2       of certain Fees collected in Their Respective Territorial Limits", are hereby repealed. All other laws,
3       presidential  decrees,  executive  orders,  proclamations,  memorandum  orders,  instructions.  rules  and
4       regulations or parts thereof inconsistent with this Act are hereby anlended or modified accordingly.
5
Snc.147. Ejorec/;.w./}7. -This Act shall take effect fifteen (15) days after its publication in the Oj7}cz.cz/
Gczze/fe or in a newspaper of general circulation.
9                     Approved ,
47