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Republic of the Philippines
House of Representatives
Quezon City, Metro Manila

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EIGHTHEENTH CONGRESS
First Regular Session

4178
H.B. No.

Introduced by Representative TEODORICO “NONONG” T. HARESCO, JR.

AN ACT
REORGANIZING THE BUREAU OF IMMIGRATION, CREATING THE
IMMIGRATION ACT OF THE PHILIPPINES, APPROPRIATING FUNDS.
THEREFOR, AND FOR OTHER PURPOSES

EXPLANATORY NOTE

Our Philippine Immigration Act which was enacted in 1940 or about seventy-nine
years ago, is already outdated. There have been numerous changes in immigration
policies not only locally but also in abroad. It is about time that we revisit the said law in
order to address the present concerns of our country with regard to immigration.

This bill seeks to reorganize the Bureau of Immigration and create the Commission
on Immigration in its stead to be the government agency primarily responsible for
implementing and enforcing the country’s laws, regulations and rules concerning the
entry and admission into, stay, and departure from the Philippines of all persons.

In view of the foregoing, the immediate approval of this measure is hereby sought.

aN
memes “NO! xo} iG” T. HARESCO, JR.


EIGHTEENTH CONGRESS OF THE
REPUBLIC OF THE PHILIPPINES
First Regular Session

H.B.No.__4178
Introduced by Representative TEODORICO “NONONG’ T. HARESCO, JR.

AN ACT
REORGANIZING THE BUREAU OF IMMIGRATION, CREATING THE
IMMIGRATION ACT OF THE PHILIPPINES, APPROPRIATING FUNDS
THEREFOR, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

TITLE
GENERAL PROVISIONS

SECTION 1. Short Title. — This Act shall be known as the “Immigration Act of the
Philippines of 2019.”

SEC. 2. Declaration of Policy. — In the conduct of its relation with other States, the
Philippines shall give paramount consideration to national sovereignty, territorial
integrity, national security, national interest, the right to self-determination, the
enhancement of economic diplomacy, and the protection of overseas Filipinos in
destination countries, as it adheres to the policy of peace, cooperation and amity with all
nations.

SEC. 3. Definition of Terms. — As used in this Act:

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

(b) Board refers to the Board of Commissioners;

(©) Border Control Stations refers to immigration offices located in strategic locations,
as determined by the Board, and authorized to conduct border control,
monitoring, and surveillance to enforce immigration laws and regulations in
border checkpoints;

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

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


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Citizen refers to any person who is a citizen of the Philippines under Section 1,
Article IV of the 1987 Constitution of the Republic of the Philippines;

Commissioner and Deputy Commissioner refer to the Commissioner of
Immigration and the Deputy Commissioner of Immigration, respectively;

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

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

Derogatory Information refers to details about persons and travel documents
relating to immigration consisting of the following:

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

(2) Hold Departure Order 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 Summary Deportation Order, or a directive implementing
an order from the Regional Trial Courts, the Sandiganbayan, or other appellate
courts, to prevent a person from leaving the territorial jurisdiction of the
Philippines; and

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

Entry 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 absence from the Philippines was occasioned
by deportation proceedings, extradition, or other legal process;

Exclusion refers to the act of an Immigration Officer denying admission of a
foreign national into the country on grounds provided for in this Act;

Foreign National refers to any person who is not a citizen of the Philippines;

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


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Immigration Laws refer to this Act and any other law presently existing or which
may hereafter be enacted relating to the movement of natural persons to and from
the Philippines;

Immigration Officer refers to any person appointed under this Act or any
employee designated by the Commissioner to perform the powers, duties and
functions of an Immigration Officer as specified under this Act;

Interception refers to the act of Immigration Officer denying departure clearance
to any person leaving the Philippines on grounds provided for in this Act;

Non-immigrant refers to any foreign national departing from any place outside
the Philippines who is allowed entry and admission into the Philippines for a
temporary or limited period of stay;

Non-refoulement refers to a principle of international law which prohibits the
forced return of refugees to the state or territory where their lives or liberty would
be threatened;

Passport refers to a document issued by the Philippine government to its citizens
pursuant to Republic Act No. 8239, otherwise known as “The Philippine Passport
Act of 1996,” as amended;

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

Port of Entry refers to any port designated by the Commissioner through which a
foreign national may enter or exit the Philippines;

President refers to the President of the Republic of the Philippines;

Refugee 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 the country of nationality, and is unable or, owing
to such fear, is unwilling to avail of the protection of that country; or who, not
having a nationality and being outside the country of former habitual residence,
is unable or, owing to such fear, is unwilling to return to it;

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

Stateless Person refers to a person who is not considered a national by any State
under the operation of its laws;

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

(bb) Vessel refers to all means of conveyances, whether aircraft or sea craft; and


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

TITLE I
COMMISSION ON IMMIGRATION

Chapter 1
Commission on Immigration

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

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

Chapter 2
The Board of Commissioners

SEC. 6. Powers and Functions of the Board. - The Board shall have the following powers
and functions:

(a) Quasi-judicial:
(1) Decide on applications or cases relative to:

i. Deportation;

ii, Revocation of immigration status;

iii, Issuance and Revocation of all visas and permits;

iv. _ Determine/increase the number of Quota visa allocations;

v. Prescribe rules and regulations for temporary and permanent resident
visa holders;

vi. _ Forfeiture and Cancellation of visas and permits;

vii. Lifting of Backlist due to Indigency;

viii. _ 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.


(b) Rule-making:
(1) Prescribe and promulgate rules of procedure for proceedings before it;

(2) Prepare and publish operations manual and rules of procedure, including
schedule of fees, for all transactions entered into by the Commission with the
public; and

(3) Formulate policies, directives, programs and projects of the Commission.

The Board shall also perform 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.

SEC. 7. Decisions of the Board. - In all cases or proceedings before the Board, the decision
of the majority shall prevail. Decisions of the Board shall become final and executory
fifteen (15) days from receipt thereof. Only one (1) motion for reconsideration shall be
filed with the Board.

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

SEC. 8. Meetings of the Board. - In all cases, the Board of Commissioners shall convene
and act as a collegial body in all matters referred to in Section 6 of this Act. The Board
shall meet at least once a week or, if necessary, twice a week. Members of the Board shall
be notified accordingly and the presence of the Chairperson and two (2) members shall
constitute a quorum.

Chapter 3
The Commissioner and the Deputy Commissioners

SEC. 9. Appointment of the Commissioner. — The Commissioner shall be appointed by
the President.

SEC. 10. Powers and Functions of the Commissioner. - \n addition to the duties as
Chairperson of the Board of Commissioners, the Commissioner shall exercise the
following powers and functions:

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

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

(0) Issue the following: (1) Letter Orders after determination of the existence of
probable cause for the purpose of deportation; (2) Commitment or Release Orders;
(3) Warrant of Deportation; (4) Order to Inspect the documents, premises and
records of persons covered by this Act; (5) Mission Orders, including the authority
to carry government-issued firearms; and (6) Derogatory Information Orders


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defined in Section 3 (j) of this Act;

Delegate authority to subordinate Immigration officers and Immigration
employees, except the powers and functions enumerated in the immediately
preceding paragraph, which may be delegated only to Deputy Commissioners;

Act on Applications for Issuance and Extension or on Petitions for Conversion,
Adjustment and Amendment of Visas and Permits;

Act on Petitions for Declaration of Indigency;

Control the opening and closure of posts, landing places, airports or ports
classified as points of entry or exit, whether limited or unlimited;

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

Act on Applications for Retention or Reacquisition of Citizenship in accordance
with Republic Act Number 9225 and other existing laws, based on the
recommendations of the Board of Special Inquiry;

Issue Certificates of Identification to foreign nationals who have been granted
Philippine citizenship;

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 Officers and other Immigration
employees in the performance of their duties and functions, subject to the
concurrence of the Board;

Authorize and prescribe the form and the amount of cash bonds for the provisional
release of respondents in deportation proceedings;

Impose reasonable fines and penalties for violations of immigration and alien
registration laws in accordance with this Act, other existing laws, rules and
regulations not inconsistent with any of the provisions of this Act and the
guidelines adopted by the Board;

Provide an express lane for the rendition of services upon payment of prescribed
fees by persons served;

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

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


transactions of the Commission;

(q) Assign immigration employees to do overtime work or services pursuant to
existing rules and regulations;

(0) Determine the manning levels of immigration officers and personnel nationwide
in accordance with the number of arrivals in each port of entry as determined by
the Board: Provided, That, for every three hundred (300) passengers, there shall be
one (1) Immigration Officer in an eight-hour shift; Provided, further, That, for every
two (2) Immigration Officer, additional positions shall be created accordingly;

(s) Exercise disciplinary authority over the Commission’s employees;

({) Prepare and submit a supplemental budget for the consideration of the
Department of Budget and Management;

(u) Prescribe, with the concurrence of the Board, the appropriate forms, bonds,
reports, entries and other papers in accordance with this Act; and

(v) Perform such other functions inherent to the Commission and coordinate with
relevant government agencies in the administration of immigration laws.

SEC. 11. Appointment, Rank and Duties of Deputy Commissioners. — There shall be four
(4) Deputy Commissioners who shall be appointed by the President. They shall have the
same rank, salary and privileges of an Assistant Secretary of a Department. In addition
to their duties as members of the Board, the Deputy Commissioners may be assigned by
the Commissioner to supervise different divisions of the Commission clustered as
follows: (a) Regulatory; (b) Border Control; (c) Enforcement; and (d) Management
Support.

SEC. 12. Creation of Positions and Compensation for Co-Terminus Officials and
Employees. - The following co-terminus positions are hereby created for the Office of the
Commissioner and Deputy Commissioners, except for the position of Executive Officer
III/Board Secretary, which shall be assigned only to the Office of the Commissioner. The
basic monthly compensation of the following co-terminus officials and employees shall
be as follows:

POSITION SALARY GRADE
Board Secretary 29
Executive Officer IV 2B
Executive Officer III 2
Administrative Officer II 13
Chapter 4
The Board Secretary

SEC. 13. Qualification of Board Secretary. - There shall be a Board Secretary who shall
be appointed by the Commissioner and must be a member of the Philippine Bar.

SEC. 14. Powers and Duties. - The Board Secretary shall exercise the following functions:


(a) Act as the Board Secretary in the meetings of the Board;
(b) Prepare the agenda for the deliberations of the Board on deportation cases; and

(©) Such other functions as may be assigned by the Board.

Chapter 5
The Boards of Special Inquiry

SEC. 15. Constitution of the Boards of Special Inquiry. - There shall be constituted as
many Boards of Special Inquiry (BSI) as required in the exigency of service: Provided, That,
there shall be at least four (4) existing and operating Boards of Special Inquiry, each for
the Main Office, Luzon, Visayas, and Mindanao, at any given time. Each Board shall be
composed of a Chairperson and two (2) members. The Overall Chairperson of the BSI
shall sit as the Chairperson of the First Board of the BSI and shall have the same position
as a Director with a Salary Grade of 26. The BSI shall be designated according to their
areas of specialization to be determined by the Board. At ports where it is not convenient
or necessary to organize Boards of Special Inquiry, the President may designate any other
employee of the government to perform the Boards’ functions.

SEC. 16. Appointment and Qualification of the Chairpersons and Members of the BSI. -
The Chairpersons and members of the BSI shall be appointed by the President, all of
whom shall be citizens of the Philippines and, at the time of their appointment, at least
thirty (80) years of age, members of the Philippine Bar in good standing, and engaged in
the practice of law for at least three (3) years.
SEC. 17. Powers and Functions of the BSI. - The BSI shall:

(a) Recommend to the Board for final resolution in cases and applications relative to:

(1) Deportation;

(2) Revocation of immigration status;

(3) Recognition of Philippine citizenship by reason of, among others, birth,
naturalization, election or marriage;

(4) Reacquisition/ Retention of Philippine citizenship under Republic Act No.
9225 and other related laws;

(8) Legalization of residence in accordance with law; and
(6) Issuance of visa for stateless person/refugee.
(b) Issue subpoenas in cases being heard by the BSI;

(©) Cite and punish for contempt in the exercise of their quasi-judicial functions, in
accordance with the Rules of Court;

(d) Recommend to the Board the imposition, waiver, or reduction of fees, fines,
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penalties, and other charges subject to existing laws, rules and regulations;


(c) Administer oaths;

(f) Promulgate rules and regulations governing matters within its assigned mandate
subject to the approval of the Board; and

(g) Perform such other duties and functions as may be directed by the Commissioner
and the Board.

Sec. 18. Proceedings Before the BSI and Resolutions. ~ The proceedings before the BSI
shall be public and recorded. In all cases, the BSI shall meet and act as a collegial body.

Only members of the Philippine Bar shall appear for and in behalf of any party before the
BSI.

Chapter 6
Divisions and Other Operating Offices

SEC. 19. Divisions and Other Operating Offices. — The Commission shall have the
following divisions and other operating offices, namely:

A. Divisions:

(1) Finance and Administration;

(2) Information and Communications Technology;

(3) Planning and Research;

(4) Alien Registration;

(©) Immigration Regulation;

(6) Intelligence and Investigation;

(7) Law Enforcement;

(8) Port Operations; and

(9) Legal.

B. Regional Offices shall be created according to political regions.

SEC. 20. Heads of the Divisions and Other Operating Units. — Each Division shall be
headed by a Director II with a Salary Grade of 26 and assisted by a Deputy Director with
a Salary Grade of 25: Provided, That, the Directors and Deputy Directors shall be
appointed by the Secretary, upon recommendation of the Commissioner. Provided,
further, That, the Director for Legal and Complaint and Prosecution Divisions shall be a
member of the Philippine Bar in good standing and must have been engaged in the

practice of law for at least three (3) years, The Director for the Finance Division shall be a
Certified Public Accountant in good standing for at least three (3) years.


SEC. 21. Duties and Functions of the Divisions and Other Operating Offices. - The
different divisions and other operating offices shall have such number of Immigration
Officers and other Immigration employees to carry out their respective duties and
functions as may be defined by the Commissioner in the implementing rules and
regulations.

Chapter 7
Immigration Officials and Personnel

SEC. 22. Officials and personnel. - The following are the officials and personnel of the
Commission who shall perform the duties and functions enumerated in this Act. The
basic monthly compensation of the following officials and employees of the Commission
shall be as follows:

ITEMS SALARY GRADE
Commissioner III 30
Deputy Commissioner III 29
Executive Director 28
Director II 26
Deputy Director 25
Chief Special Inquiry Officer 28
Chief Immigration Prosecutor 28
Special Inquiry Officer III 2
Special Inquiry Officer II 24
Special Inquiry Officer I 2B
Immigration Prosecutor III 26
Immigration Prosecutor II 2
Immigration Prosecutor I 24

Immigration Investigator II 7
Immigration Investigator I 16
Immigration Translator II 12
Immigration Legal Assistant 10
Chief District Officer 7

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Supervising Immigration Officer 26

Senior Immigration Officer 24
Border Control Officer 2
Immigration Officer II 21
Immigration Officer II 18
Immigration Officer I 16
Immigration Agent III 15
Immigration Agent II 2B
Immigration Agent I oT
Immigration Assistant 9

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

SEC. 23. Powers and Functions of Immigration Officers. - The Immigration Officers shall
have the following powers and functions:

(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 qualifications to remain in the Philippines;

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

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

(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 one’s presence or view is entering or is about to enter
the Philippines in violation of immigration and related laws, rules and regulations;

(e) Act as control personnel with authority to prevent the departure of passengers
who do not comply with duly published departure requirements;

(f) Detect and report violations of the immigration and registration laws and, in

appropriate cases, take the necessary actions upon the instructions of the
Commissioner; and

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

SEC. 24. Appointment of Immigration Officers. — No person shall be appointed to the
position of Immigration Officer unless he or she is a holder of a bachelor’s degree and a
first-grade civil service eligible.

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

Chapter 8
Other Offices

SEC. 26. Field Offices. — The Commission shall operate and maintain a field office in
each of the administrative or political regions including the National Capital Region. The
field offices of the Commission shall each be headed by at least an Immigration Officer
I all of whom shall be designated by the Commissioner.

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

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

TITLE I
IMMIGRATION

Chapter 1
Non-Immigrants

SEC. 29. Categories of Non-immigrants and Types of Visa Issued. - Foreign nationals
departing from any place outside the Philippines who are otherwise admissible and who
qualify under any one of the following categories may be admitted as non-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-1 Visa): Temporary visitors engaged in activities of a commercial
or professional nature for a foreign employer or for themselves that will not
result in gainful employment in the Philippines. As used herein, the term
“business” refers to conventions, conferences, consultations and other
legitimate activities of a commercial or a professional nature, but does not
include local employment or labor for hire;

2


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

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

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

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

(d) Treaty Traders (D-1 Visa) and Treaty Investors (D-2 Visa): Citizens from a country
that has a trade treaty with the Philippines, including their family members, and
who come 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 of 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 and which business is supported by a substantial investment from
nationals of their home country shall be granted a D-2 visa;

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

(1) Persons Eligible for E-1 Visa: The E-1 Visa shall be issued to the following
classes of foreign nationals:

i, Heads of State and/or Heads of Government and their personal
representatives;
ii, Members of reigning 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 or judges of the highest national judicial bodies;
vii. Diplomats and career consular officials on foreign assignment in the
Philippines;
viii, Military, naval, air and other attaches assigned to a diplomatic mission;
and

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ix. Accompanying spouses and unmarried dependents of foreigners within
the abovementioned categories;

(2) Persons Eligible for E-2 Visa: The E-2 visa shall be issued to an 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, inter alia, 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 foreigners 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 official business for such foreign official's
government.

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

i. Diplomatic couriers regularly and professionally employed as such;
ii, All members of official special missions of a diplomatic character;
iii. Members of delegations proceeding to or from an international
conference of a diplomatic or official nature; and
iv. Such other officials going to the Philippines on diplomatic or official
missions;

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

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

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

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(g) 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. The grantee of this type of visa who
intends to engage in gainful employment in the Philippines must, within a
reasonable time upon arriving in the Philippines, secure an Alien Employment
Permit from the Department of Labor and Employment, in accordance with the
DOLE’s rules and regulations. This category includes intra-company transferees,
professionals, performing artists, athletes, and cultural exchange workers under a
work exchange program;

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

(i) Representatives of 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 divided into four (4) types, namely:

(1) Persons Eligible for I-1 Visa: The I-1 Visa shall be issued to the principal
officials of international organizations, as well as their accompanying, wives
and dependents;

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

(8) Persons Eligible for I-3 Visa: The I-3 visa shall be issued to officials and staff of
international organizations who will perform short-term official work with the
international 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 E-1 and E-2 visas have
been granted, as well as their immediate dependents.

The term “accredited 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 recognized by the government of the Republic
of the Philippines, including those existing and already recognized as such at the
time of the effectivity of this Act.

All visas under this Act shall be exclusively issued and renewed by the
Department of Foreign Affairs, which shall also determine the type of I Visa of
officials and staff of International Organizations who 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.

15


() Media Workers (J Visa): Foreign media personnel or correspondents, duly
accredited by the government agency concerned, who are bona fide
representatives of a foreign press, radio, 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 or following to join them during the period of the assignment in
the Philippines;

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

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

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

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

Chapter 2
Immigrants

SEC. 30. Quota Immigrants. — Subject to the conditions set forth in this Act, there may
be admitted into the Philippines, immigrants, otherwise known as “quota immigrants”,
not to exceed two hundred (200) of any one nationality, subject to reciprocal rights and
benefits granted to Philippine citizens by the country of nationality, for any one calendar
year and upon allotment by the Commissioner of the corresponding quota number. In
the allotment of quota numbers, the following order of preference shall be observed:

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

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

16


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

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

SEC. 31. Allotment of Quota. — The Commissioner shall, with respect to the first
preference, allot not more than fifty (50%) of the annual quota allotment up to the end of
June of each year: Provided, however, That, if the fifty percent (50%) is not utilized by the
first preference, the balance thereof shall be given to the second, third, and fourth
preferences in accordance with the preceding section. Any unused quota allotment for a
calendar year cannot be carried over and utilized for the ensuing calendar year.

SEC. 32. Basis in Determination of Quota Allotment. — The nationality of immigrants
whose admission is subject to the numerical limitation imposed by Section 31 of this Act
shall be that of the country of which the immigrant is a national or a citizen. The
nationality of immigrants possessing dual nationality may be that of either of the two
countries regarding them as a national or citizen if they apply for a visa ina third country.
If such immigrants apply for a visa within one of the two 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. 33. Non-Quota Immigrants. — The following immigrants, known as “non-quota
immigrants,” may be admitted without regard to numerical limitation and immigration
reciprocity:

(a) The spouse of a Philippine citizen: Provided, That, abandonment by the foreign
spouse, the failure to give support by the foreign spouse to the Filipino spouse and
family, 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;

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

(©) 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;

(8) 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.

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Chapter 3
Cessation of Native-Born Registration

SEC. 34. Cessation of Native-Born Registration. — At the effectivity of this Act, the
Commission shall no longer receive new Native Born (NB) applications. Instead,
applicants for NB registration shall be directed to file for an immigrant visa under Section
33 (d) of this Act.

SEC. 35. Existing NB Registration. - Existing NB registrations shall be respected and
shall remain in effect.

Existing NB-registered foreigners shall be allowed to renew their registration in
accordance with the lawful permanent resident status previously granted them.

Upon renewal of registration for NB, the ARD shall register them as Section 33 (d)
immigrant visa holders without need of new application for said immigrant visa.

Chapter 4
Adjustment of Status

SEC. 36. Conditions for Adjustment of Status of Foreign Nationals. — The status of a
foreign national admitted into the Philippines as non-immigrant may be adjusted by the
Board to that of a foreigner lawfully admitted as a permanent resident if:

(a) the foreigner makes an application for such adjustment;

(b) the foreigner is eligible to receive a quota or non-quota immigrant visa and is
admissible to the Philippines as a permanent resident; and

(0) a quota immigrant visa, if such is the case, is immediately available to the foreign
national at the time of application, without the need of first departing from the
Philippines.

Inall such cases, the personal appearance of the foreigner shall be required during the
consideration of the application.

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

SEC. 38. Adjustment of Status, When Not Allowed. — Adjustment of status under this
Act shall not be applicable to:

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(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 or
for purely technical reasons; and

(b) Transients.

SEC. 39. Loss of Status. - A registered foreign national, except a temporary visitor, who
fails to return to the Philippines within a period of one (1) year from departure shall lose
the status granted under Title III of this Act. Such foreign national may apply for an
extension of the period within which to return prior to its expiration and pay the
prescribed fees and charges in order to maintain the status granted or visa category.

Chapter 5
Documentation and Admission of Non-Immigrants

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

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

SEC. 42. Conditions for Issuance of Pre-Arranged Employment Visas. - A foreign
national who is coming to the Philippines for prearranged employment shall not be
issued a non-immigrant visa referred to in Section 36 (g) until the Consular Officer shall
have received authorization for the issuance of the same. Such authorization shall be
given only upon the filing of a petition with the Board establishing, among others, that
no person can be found in the Philippines willing and competent to perform the work or
service for which the foreigner is desired and that the admission would be beneficial to
the public interest. The petition shall be under oath by the prospective employer or the
latter’s representative in the form and manner prescribed by the Board.

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

SEC. 43. Submission of Crew List and Passenger Manifest. - Simultaneous to the vessel's
departure from the port of origin, the master, captain, agent, owner, or consignee of any
commercial vessel arriving to the Philippines shall submit, within a reasonable time prior
to such arrival, the crew lists, passenger manifests and such other information concerning,

19


the persons arriving on such a vessel. In the same manner and condition, the master,
captain, agent, owner or consignee of any commercial vessel departing from any port in
the Philippines shall submit, within a reasonable time prior to such departure, the crew
list, passenger manifest and such other information concerning the persons departing on
such vessel. The crew list of an incoming sea craft shall contain the appropriate visa
granted by the Immigration Attaché.

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

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

Chapter 6
Documentation and Admission of Immigrants

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

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

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

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

Chapter 7
Visa Issuance

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


SEC. 48. Visa Policy. - The policies governing the issuance, extension, renewal and
conversion of visas referred to in this Act shall be formulated by the Commission and,
when appropriate, in consultation with concerned government agencies and offices.

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

(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 a
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 information as may be required; and

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

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

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

SEC. 51. Visa Validity Period. — A single-entry non-immigrant or immigrant visa issued
by a Consular Officer abroad pursuant to Section 41 of this Act shalll be valid for a period
not exceeding three (3) months: Provided, That, in prescribing the validity period of a
single-entry non-immigrant visa, the Immigration Attaché may allow a longer validity
period based on reciprocity as accorded by the foreign country to citizens of the
Philippines who are within a similar class.

An immigrant visa may be replaced under the original number during the calendar year
in which the original visa was issued to a foreign national who establishes to the
satisfaction of the Immigration Attaché that the original immigrant visa was not used
during the period of its validity for reasons beyond the visa holder's control: Provided,
That, the foreign national is found by the Immigration Attaché to be eligible for another
immigrant visa and has paid all the fees.

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

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

21


Chapter 8
Re-Entry and Emigration Clearance

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

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

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

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

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

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

Chapter 9
Presidential Prerogatives

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

(a) Deny the entry and admission into the Philippines of, or impose such restrictions
as may be deemed appropriate on, any foreign national or a 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 permanent
residence status without necessity of a visa;

(a) Deport any foreign national, subject to the requirement of due process;
(c) 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 he or she may prescribe;

() Prohibit the departure from the Philippines of any person who is likely to disclose
information affecting national security, or who is likely to organize a rebellion


abroad against the Philippines, or whose presence in the country is necessary to
face, or be a witness in, criminal proceedings; and

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

TITLE IV
PROVISIONS RELATING TO ENTRY

Chapter 1
Classification of Ports of Entry

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

Chapter 2
Procedures on Arrival

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

SEC. 59. Detention or Quarantine for Examination. — For the purpose of determining
whether a foreign national arriving at any port in the Philippines belongs to any of the
classes excludable under this Act by reason of being afflicted with any of the contagious
or communicable disease or mental disorder as set forth under Section 69 (a) of this Act
or whenever the Commissioner has received information showing that foreigners are
coming from a country or a place where any of such diseases are prevalent or widespread,
the foreigner shall be detained or quarantined for a reasonable period of time to enable
the immigration officers and medical officers to subject such person to observation and
examination.

SEC. 60. Medical Examination Requirement. - Any arriving foreign national whom the
examining Immigration Officer believes to belong under the class of excludable foreign
nationals specified in Section 69 (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. 61. Arrival Notice Requirements of Vessel. - The immigration authorities shall be
given prior notice of the arrival of any civilian vessel before such vessel comes into any

23


area in the Philippines from any place outside thereof. Such prior notice shall not be
required in the case of vessels with scheduled arrivals filed with the Immigration Officer
in charge at the international port of entry.

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

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

(a) Type of vessel and registration marks;
(b) Duly visaed crewlist;

(c) Passenger manifest;

(d) Port of last departure;

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

(8) Estimated time of arrival; and

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

Chapter 3
Foreign Crewmember

SEC. 63. Conditional Permit to Disembark. — A foreign crewmember of a vessel under
Section 43 of this Act may be granted a conditional permit, in a form prescribed by
regulations, to disembark temporarily from the vessel on which such crewmember
arrived while the vessel remains in port under such terms and conditions as may be
prescribed by the Commissioner.

SEC. 63. Confiscation and Cancellation of Permit; Deportation from the Philippines. —
Upon the determination that the foreign national is not a bona fide crewmember or does
not intend to depart on the vessel that brought him, the Commissioner shall cancel and
confiscate the conditional permit already issued, take such foreign national into custody,
and require the owner, operator, captain, master, pilot, agent or consignee of the vessel
on which the foreigner arrived to receive and detain the foreigner on board. The expenses
for removal of the foreign national, including the cost of detention and other expenses
incidental thereto, shall be borne by the owner, operator, captain, master, pilot, agent or
consignee of such vessel.

SEC. 64. Liability for Overstaying Foreign Crewmen. — A foreign crewmember who
remains in the Philippines in excess of the period allowed in the conditional permit issued
shall be solidarily liable with the owner, operator, captain, master, pilot, agent or
consignee of the vessel to pay the penalties prescribed in Section 111 of this Act.

24


SEC. 65. Liability for Unauthorized Discharge of Foreign Crewmember. — It shall be
unlawful for any person, including the owner, operator, captain, master, pilot, agent or
consignee of any vessel to discharge any foreign crewmember employed by a vessel
arriving in the Philippines and while in port, without first obtaining the prior permission
of the Commissioner. Otherwise, such person or owner, operator, captain, master, pilot,
agent or consignee of the vessel shall pay such fines as may be prescribed under this Act.
No vessel shall be granted clearance from any port in the Philippines while such fines
remain unpaid or while the validity thereof is being determined: Provided, That, a
clearance may be granted prior to such determination upon deposit of a sum or cash bond
sufficient to cover such fines as approved by the Commissioner.

SEC. 66. Duty to Report Desertion or Illegal Landing of Foreign Crewmember. —The
owner, operator, captain, master, pilot, agent, or consignee of any vessel shall
immediately report, in writing, to the Immigration Officer all cases of desertion or illegal
disembarkation in the Philippines from the vessel, together with a description of such
foreign nationals and any information that shall result in their apprehension.

SEC. 67. Requirement for Submission of List of Newly Employed, Discharged and
Illegally Landed Foreign Crewmember. — Prior to the departure of any vessel from the
last port in the Philippines destined to any place outside thereof, the owner, operator,
captain, master, pilot, agent or consignee thereof shall deliver to the Immigration Officer
at that port a list containing:

(a) The names of crewmembers who were not employed thereon at the 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;
(0) 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.

SEC. 68. Liability for Failure to Submit Complete, True and Correct Report. — The
owner, operator, captain, master, pilot, agent, or consignee who fails to submit a true and
complete list or report of foreign nationals or to report cases of desertion or illegal landing
shall pay such sum as may be prescribed under this Act. No vessel shall be granted
clearance from any port in the Philippines while such fines remain unpaid or while the
validity thereof is being determined: Provided, That, clearance may be granted prior to
such determination upon deposit of a sum or cash bond sufficient to cover such fines as
approved by the Commissioner.

Chapter 4
Exclusions

SEC. 69. Exclusion Grounds. - The following, classes of foreign national shall not be
allowed entry and shall be excluded from the Philippines:

(a) Health Related Grounds

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


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

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

(b) Economic Grounds

1. Those likely to become a public charge; or

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

(©) Moral Grounds

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

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

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

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

(d) Criminal and Security Grounds

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

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

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

4. Those who are fugitives from justice;

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


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

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

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.

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

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

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

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

SEC. 70. Temporary Custody of Excludable Foreign Nationals. — For the purpose of
ascertaining whether a foreign national arriving in the Philippines belongs to any of the
excludable classes of foreign national provided for in this Act or related laws, the
Immigration Officer, for a period not exceeding seventy-two (72) hours, may temporarily
take into custody for investigation such foreign national either on board the vessel or at
a place designated for the purpose at the expense of the master, captain, agent, owner or
consignee of the carrying vessel.

SEC. 71. Finality of Exclusion Order. — An order by the Immigration Officer to exclude
a foreign national who is excludable under this Act is final and executory unless revoked
by the Commissioner upon a timely appeal prior to the implementation of the exclusion
order.

SEC. 72. Authority to Waive Grounds for Exclusion. — Except for grounds of exclusion
under Section 69 (d), subparagraphs 1 to 7 and 9, the Commissioner may waive any of
the grounds for exclusion mentioned in Section 69 of this Act.

SEC. 73. Procedure of Removal and Cost Thereof. ~ Foreign nationals arriving in the
Philippines who are ordered excluded shall be immediately removed in the same
accommodation to the country where they boarded the vessel on which they arrived,
unless the Commissioner determines that immediate removal is not proper and
practicable, in which case such excluded foreign nationals shall be ordered detained. The
cost of detention and other expenses incidental thereto shall be borne by the owner,
operator, master, pilot, captain, agent or consignee of the vessel on which such foreigners
arrived.

27


SEC. 74. Country Where Removal is to be Directed. — If the government of the country
designated in the preceding section will not accept the foreign national into its territory,
the removal of the foreign national shall be directed, at the Commissioner's discretion
and without necessarily giving preference, either to:

(a) The country which the excluded foreigner is a citizen or national;
(b) The country of birth;
(©) The country of the foreign national’s habitual residence; or

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

SEC. 75. Obligation of Owner, Operator, Master, Captain, Pilot, Agent or Consignee. —
It shall be unlawful for an owner, operator, master, captain, pilot, agent, or consignee of
a vessel to refuse or fail to:

(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;

(©) 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
individual's removal has been directed; or

(e) Pay the cost of detention and other expenses incidental thereto incurred while the
excluded foreign national is being detained as required by Section 73 of this Act
or other costs necessary or incidental to his removal as provided in this Act.

SEC. 76. Penalty for Non-compliance of Obligation. — The owner, operator, master,
captain, pilot, agent, or consignee of a vessel who violates Section 75 of this Act shall pay
the fines prescribed in this Act. No vessel shall be granted clearance from any port in the
Philippines while such fines remain unpaid or while the validity thereof is being
determined: Provided, That, clearance may be granted prior to such determination upon
deposit of a sum or cash bond sufficient to cover such fines as approved by the
Commissioner.

TITLE V
DEPORTATION

Chapter 1
Deportable Foreign Nationals

SEC. 77. Classes of Deportable Foreign Nationals. - The following foreign nationals shall
be taken into custody upon the order of the Commissioner and deported upon
recommendation by the Board of Special Inquiry and its approval by the Board:


(a) Those who entered the Philippines: (1) by means of misrepresentations or false or
misleading statements or documents, or (2) without inspection and admission by
the immigration authorities;

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

(©) 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;

() Those who believe in, advise, advocate or teach the overthrowing by force and
violence the Government of the Republic of the Philippines or any duly
constituted authority, or those who do not believe in or are opposed to organized
governments, or those who advise, advocate or teach the assault or assassination
of public officials, 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;

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

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

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

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

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

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

(p) Those who commit any violation of the provisions of this Act, independent of any
criminal action which may be brought against them: Provided, That, in 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.

The following cases shall be subject to summary proceedings in accordance with the rules
and regulations issued by the Board:

(a) Overstaying foreigners;
(b) Undocumented foreigners;
(©) Foreign fugitives from justice; and

(a) Foreigners who have fully served the sentence for crimes involving moral
turpitude.

SEC. 78. Non-Prescription of Deportation Cases. - The right of the State to initiate at any
time deportation proceedings shall not prescribe.

SEC. 79, Nature of Deportation Proceedings. - Deportation proceedings shall be
independent of any action that may be instituted against a foreign national: Provided,
That, no deportation orders shall be issued against foreign nationals facing preliminary
investigation, prosecution and trial before competent authorities.

Chapter 2
Deportation of Foreign Nationals

SEC. 80. Formal Charge of Deportation. ~ A formal charge for deportation shall be issued
upon determination of the existence of a prima facie case against the foreign national.

SEC. 81. Bail. - Pending final determination of the foreign national’s deportation case,
the foreign national shall, upon the discretion of the Commissioner: (a) remain under
detention; or (b) be released on bail or recognizance. The bail may be revoked and
confiscated in favor of the government if there is sufficient evidence that the foreign
national is evading the proceedings or is attempting to abscond, in which case such
foreign national shall be taken into custody and placed under detention by order of the
Commissioner.

SEC. 82, Custody of a Foreign National Convicted of a Felony or an Offense. - After
service of the sentence or compliance with the conditions of parole or probation, as the
case may be, the foreign national shall be taken into custody for immediate deportation
by order of the Board.

30


SEC. 83. Voluntary Deportation, When Authorized. - In case the foreign national does
not contest the formal charge and opts to voluntarily leave the country at the own expense
of the foreign national, the Commissioner may waive the deportation proceedings and
order the departure of the foreign national within the period specified in the voluntary
deportation order: Provided, That, the foreign national has not committed any criminal
offense or has no pending criminal investigation: Provided, further, That, the said foreign
national so deported shall be barred from re-entering the country without prior written
authorization from the Commissioner.

SEC. 84. Period to Enforce Order of Deportation. - The order of deportation shall be
enforced immediately but in no case shall exceed three (3) months from the date it has
become final and executory. If deportation is not enforced within the prescribed period,
the foreign national may be released on bail or recognizance.

SEC. 85. Suspension of Deportation Order. - The Commissioner may suspend the
implementation of the deportation order and order the release of the foreign national on
bail or recognizance, taking into account the following factors:

(a) Age, health, family or conduct;

(b) Period of detention;

(©) Impact on national security and public welfare;

(d) Unavailability of travel documents;

(€) Existence of an application for refugee or statelessness status; or
(f) Other humanitarian considerations.

SEC. 86. Reinstatement of a Deportation Order. - A Deportation Order previously
implemented against a foreign national who unlawfully re-entered the Philippines shail
be deemed automatically reinstated and shall be implemented in accordance with this
Act. This provision shall also apply to a foreign national who departed voluntarily under
Section 83 and re-entered the Philippines unlawfully or without prior written
authorization from the Commissioner.

SEC. 87. Country of Destination of a Deportee. - Except as provided for under an
existing treaty or international agreement, a foreign national shall be deported to the
country of which the person is a citizen or national, or to the country of birth of the
individual, or to the country of which the individual is a resident, or to the country from
which the individual embarked for the Philippines, subject to the acceptance by the
receiving country.

SEC. 88. Cost of Deportation. - The cost of deportation shall be borne by the owner,
operator, captain, master, pilot, agent or consignee of a vessel in case its foreign
crewmember is to be deported under Section 85 of this Act. In all other cases, the cost of
deportation shall be borne either by the deporte, by the concerned consular office,
nongovernment organizations or people's organizations with which the Commission has
an agreement on this matter, or from the appropriations for the enforcement of this Act.

SEC. 89. Liability of Owner, Operator, Captain, Master, Pilot, Agent or Consignee of a
Vessel. - Failure or refusal on the part of the owner, operator, captain, master, pilot, agent

31


or consignee of a vessel to take on board, guard safely and transport the deporte to the
foreign national’s country of destination, or to shoulder the cost of deportation of the
foreign crew member as provided in the preceding Section, shall be punished by an
administrative penalty prescribed under Section 111 of this Act.

SEC. 90. Expenses of Accompanying Person. - The Commissioner may, for security
reason or by reason of the mental or physical condition of the deportee, direct an
employee of the Commission to accompany such deportee to the country of the
deportee’s destination, subject to the provisions of Section 87 of this Act.

Chapter 3
Indigent Foreign National

SEC. 91. Removal of Indigent Foreign National. - At any time after entry, the
Commissioner may remove indigent foreign nationals from the Philippines to the
country of which they are citizens or nationals, their country of birth, or their country of
residence, as the case may be. The cost of deportation may be charged against the
available funds of the Commission. Any foreign national removed under this section
shall be barred re-admission except upon written authorization of the Board of
Commissioners.

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

TITLE VI
MISCELLANEOUS PROVISIONS

Chapter 1
Registration of Foreign Nationals

SEC. 92. Requirement of Registration. — All foreign nationals shall register with the
Commission or any Immigration Office nearest to their place of residence on or before
the sixtieth (60) day of their latest arrival in the Philippines.

SEC. 93. Registration Form and Oath. — Applications for registration shall be under oath
and in such form as prescribed by the Office. Upon registration, a certificate of
registration shalll be issued to the registrant. In case of loss or destruction of the certificate,
a replacement certificate may be issued upon proper application and payment of
prescribed fees.

SEC. 94. Amendment of Registration. — A registered foreign national shall notify the
Commission in writing of any change of information in the person’s registration
documents not later than seven (7) days from such change.

SEC. 95. Presentation of Certificate of Registration. — Every foreign national required
to register under this Act or the parent or guardian of such foreign national shall, upon
demand by any personnel authorized by the Commissioner, present a certificate of
registration of such individual, and failure to do so without justifiable cause shall be dealt
with in accordance with the provisions of this Act.

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SEC. 96. Reportorial Requirements. — Every foreign national registered under this Act
shall, within the first sixty (60) days of every calendar year, report in person to the
Commission. The Commissioner may exempt personal appearance of foreign nationals
registered under this Act subject to certain requirements and conditions as may be
prescribed in the rules and regulations issued for the purpose.

SEC. 97. Failure to Comply with Requirements. — 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, shalll be dealt with in accordance with the provisions of
this Act and other existing laws.

SEC. 98. Cancellation of Registration of Foreign National. — In case of death of a foreign
national registered under the provisions of this Act, the legal heir, representative or
administrator of the foreign national must inform the Commission within sixty (60) days
from such death, and the Office shall cancel the registration of the deceased foreign
national. The Local Civil Registrar or other civil registry officer of the locality where said
foreign national died shall furnish the Commission with a copy of the Certificate of Death
within thirty (30) days from issuance thereof. Failure on the part of the persons concerned
to comply with the requirements specified in this section shall be dealt with pursuant to
the provisions of existing laws.

Chapter 2
Bonds and Deposits

SEC. 99. Bonds, When Required. — The Commission shall have the authority to require
cash bonds in such amounts and under such conditions as it may prescribe:

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

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

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

SEC. 100. Cancellation and Forfeiture of Bonds. - When the conditions of the bond are
fulfilled, or in case of a bond posted to insure against a foreign national becoming a public
charge under Section 69 (b) when the Commissioner decides that the likelihood 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.

33


eIAUALN=

Chapter 3
Recognizance

SEC. 101. Petitions for Recognizance, Sanction for Breach of Conditions. — The
Commissioner may order the release of a foreign national upon recognizance of the
foreigner’s lawyer or a person who is of good standing in the community, under such
terms and conditions as the Commissioner may prescribe. Failure to comply with the
terms and conditions of the recognizance shall subject said lawyer or person to a fine of
not less than Fifty Thousand Pesos (P50,000.00) but not more than One Hundred
Thousand Pesos (100,000.00), without prejudice to other administrative sanctions or
proceedings against the erring party.

Chapter 4
Cooperation and Coordination with Other Offices

SEC. 102. Working Cooperation with the Department of Foreign Affairs. - For purposes
of efficient implementation and administration of this Act, the Commission shall
maintain a working cooperation with the Department of Foreign Affairs.

SEC. 103. Working Cooperation with the Commission on Higher Education. - The
Commission shall maintain a working cooperation with the Commission on Higher
Education with respect to the accreditation of schools and learning centers for enrollment
of foreign students as authorized under this Act.

SEC. 104. Working Cooperation with the Civil Aviation Authority of the Philippines. -
The Commission shall maintain a working cooperation with the Civil Aviation Authority
of the Philippines (CAAP) with respect to accreditation of flying schools for the
enrollment of foreign students.

SEC. 105. Coordination with Law Enforcement, Security and Other Offices. — The
Commissioner shall have the authority to maintain coordination with the National
Security Council, the Philippine National Police, and other law enforcement agencies of
the government.

Chapter 5
Fees and Charges

SEC. 106. Authority of the Commissioner to Prescribe, Impose and Collect Fees and
Charges. — The Commissioner is authorized to prescribe, impose and collect fees and
charges for services rendered pursuant to the provisions of this Act.

SEC. 107. Retention and Use of Income. - For a more effective implementation of this Act,
the Commission shall be authorized to retain and, subject to the approval of the President,
use thirty percent (30%) of collection of its annual collections from express lane fees and
charges to augment the salaries of the Commission’s employees who render services
beyond regular office hours and to establish a Provident Fund for the benefit of the
Commission’s employees. The Department of Budget and Management and the
Department of Justice shall, upon approval of the President, jointly issue the necessary
guidelines to implement this section.


Chapter 6
Administrative Fines against Vessels

SEC. 108. Fine for Failure to Submit Crew List or Passenger Manifest, or Failure to
Account Every Passenger and Crew. — Any owner, operator, master, captain, pilot, agent,
or consignee of a vessel arriving at any port in the Philippines from a place outside thereof
who fails to submit to the immigration authorities a complete and accurate crew list or
passenger manifest, or fails to produce or account every crewmember or passenger
whose name appears in said list or manifest shall be subject to fines of One Hundred
Thousand Pesos (R100,000.00) and Fifty Thousand Pesos (P50,000.00) for each
unaccounted person, respectively.

SEC. 109, Fine for Violation of Obligation on the Landing or Removal of Foreign
Nationals. — Any owner, operator, master, captain, pilot, agent, or consignee of any
vessel arriving at a port of the Philippines from a place outside thereof having a foreign
national on board in violation of this Act shall be fined not less than Fifty Thousand Pesos
(250,000.00) but not more than Two Hundred Thousand Pesos (P200,000.00) for each act
or violation consisting of:

(a) Failure to prevent the landing of such foreign national in the Philippines at any
time or place other than as designated by the Immigration Officer;

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

(©) Refusal or failure to deliver 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;

(@) 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
examination by order of the Immigration Officer;

(€) 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
Section 73 and 88 of this Act;

(8) Refusal or failure to take on board, guard safely and transport the deporte to the
foreign national’s country of destination, or to shoulder the cost of deportation of
the foreign crew member; or

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

SEC. 110. Fine for Bringing Undocumented Foreign National, or Foreign National
Afflicted with Communicable or Contagious Disease, or Suffering from Mental Disorder.
— The owner, operator, master, captain, pilot, agent, or consignee of the vessel arriving
at a port in the Philippines from a place outside thereof bringing on board an
undocumented foreign national shall be fined One Hundred Thousand Pesos
(P100,000.00) for each foreign national. If the foreign national is afflicted with a

35


communicable or contagious disease or is suffering from mental disorder, the fine shall
be not less than Two Hundred Thousand Pesos (P200,000.00) but not more than Three
Hundred Thousand Pesos (P300,000.00) for each foreign national.

SEC. 111. Fine for Bringing a Foreign National to Assist His Illegal Entry or
Misrepresenting a Foreign National as a Member of the Crew. — The owner, operator,
master, captain, pilot, agent, or consignee of the vessel arriving at any port in the
Philippines from a place outside thereof bringing on board a foreign national bound for
the Philippines to assist the illegal entry of the foreign national, or misrepresenting the
foreign national to the Immigration Officer at the port of arrival as a bona fide member
of the crew, shall be fined not less than One Hundred Thousand Pesos (P100,000.00) but
not more than Two Hundred Thousand Pesos (P200,000.00) for each foreign national.

SEC. 112. Fine for an Overstaying Crewmember. — 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 (50,000.00) 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.

Chapter 7
Other Penal Provisions

SEC. 113. Other Prohibited Acts and Penalties, - Any person who shall commit any of
the acts specified hereunder shall, upon conviction, suffer the penalty of imprisonment
for not less than five (5) years but not more than ten (10) years, or a fine of not less than
One Hundred Thousand Pesos (#100,000.00) but not more than Five Hundred Thousand
Pesos (P500,000.00), or both imprisonment and fine, at the discretion of the court:

(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 disposing of an immigration document or an immigration-
accountable form to any person not authorized by law to receive such documents;

(©) 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 the Philippines without inspection and admission by the immigration
authorities, or obtaining entry into the Philippines through fraud,
misrepresentation, or concealment of material facts;

(©) Misrepresenting oneself to be a citizen of the Philippines;

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

(g) Bringing into, or landing in the Philippines, or concealing, harboring, employing,
or giving comfort to, any person not duly admitted by an Immigration Officer or


not lawfully entitled to enter into or reside within the Philippines, or attempting,
conspiring with, or aiding another to commit any such acts.

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

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

SEC. 114. Penalty for Aiding the Escape of Detained Foreign National. — Any person
who shall be found to have helped, assisted, supported, caused or ministered the escape,
including harbouring and concealing, of a detained foreign national shall, upon
conviction, be imprisoned for not less than five (5) years but not more than ten (10) years
and a fine of not less than Two Hundred Thousand Pesos (200,000.00): Provided, That, if
the person liable is a foreign national, such person shall be deported after service of
sentence: Provided, further, That, any tool, equipment, implement or vehicle used in the
escape of a detained foreign national shall be destroyed or forfeited in favor of the
government.

SEC. 115. Penalty for Non-compliance of Subpoena. — Any person who, having been
duly served with a subpoena, fails to comply without valid and justifiable reasons shall
suffer the penalty of imprisonment of not more than fifteen (15) days or a fine of not more
than One Thousand Pesos (P1,000.00), or both, at the discretion of the court.

SEC. 116. Imposition of Maximum Penalty, When Applicable. - A person convicted
under Republic Act No. 3019, as amended, otherwise known as the “Anti-Graft and
Corrupt Practices Act,” or other laws against corruption and bribery in relation to any
violation or circumvention of any provision of this Act shall, upon conviction, suffer the
maximum penalty for such offense.

Chapter 8
Transitory Provisions

SEC. 117. Interim Period. — The incumbent Commissioner and the two Deputy
Commissioners, if qualified under this Act, shall continue to discharge the functions of
their position unless otherwise removed by the President. All personnel of the present
Immigration shall continue to discharge the functions of their position pending the
reorganization as provided in this Act. Qualified Personnel with training or experience
shall be recruited or appointed to fill up vacant positions for proper implementation of
this Act.

37


SEC. 118. Reorganization. — Upon approval of this Act, all employees of the Bureau of
Immigration covered by the civil service law and regulations shall continue to hold
their present positions pending the reorganization of the Commission in accordance
with the new staffing pattern: Provided, That, the salaries, wages, allowances and other
benefits of incumbent officers and employees of the Commission shall not be subject to
diminution: Provided, further, That, employees who have been dismissed for cause shall
no longer qualify for any position in the Commission.

To carry out the provisions of this Act, the Commissioner shall submit a new staffing
pattern and salary schedule for personnel services to the Secretary of the Department of
Budget and Management taking into account the Salary Standardization Law and other
applicable laws under the National Compensation and Classification Plan.

SEC. 119. Inventory and Transfer of Properties, Accounts, Assets, Liabilities and
Obligations to the Commission. — All buildings, properties, equipment, facilities,
accounts, other assets, liabilities and other obligations as well as records of the Bureau of
Immigration shall be properly inventoried and transferred to the Commission.

SEC. 120. Treaty or Agreement. - Any treaty or agreement entered into between the
Philippines and any foreign state before the effectivity of this Act shall remain in force
and effect.

SEC. 121. Pending Cases. - Any prosecution, suit, action, proceeding, or any act or
matter, civil or criminal, pending at the time of the effectivity of this Act shall not be
affected by any of the provisions of this Act unless otherwise explicitly stated herein.

Chapter 9
Administration and Implementation

SEC. 122. Administration and Implementation Abroad. - 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 Department of Foreign Affairs,
with due notice to the Commission and other concerned agencies and offices.

SEC. 123. Implementing Rules and Regulations. — The Commission, in coordination
with the Department of Budget and Management, shall promulgate the rules and
regulations for the effective implementation of this Act within sixty (60) days from its
effectivity.

SEC. 124, Appropriations. - The amount necessary to cover the initial implementation of
this Act shall be charged against the current year’s appropriation of the Bureau of
Immigration, immigration fees, fines and other income authorized under this Act.

Thereafter, such sums as maybe needed for its continued implementation shall be
included in the annual general appropriations act and from the immigration trust fund.


Chapter 10
Final Provisions

SEC. 125. Separability Clause. — Should any provision of this Act be declared invalid,
the remaining provisions shall continue to be in force and effect.

SEC. 126. Retroactive Application. - The renaming of positions with the corresponding
increase in salary grade and allowances enumerated in Title II of this Act shall be effective
January 1, 2019.

SEC. 127. Repealing Clause. - Commonwealth Act No. 613, as amended, and Republic
Act No. 750 are hereby repealed. All other laws, presidential decrees, executive orders,
proclamations, memorandum orders, instructions, rules and regulations or parts thereof

inconsistent with this Act are hereby amended or modified accordingly.

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

Approved,

39