Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. _______ 
Introduced by HON. GUSTAVO S. TAMBUNTING 
AN ACT CREATING THE COMMISSION ON IMMIGRATION,  
DEFINING ITS POWERS AND FUNCTIONS, EXPANDING, RATIONALIZING, AND 
FURTHER PROFESSIONALIZING ITS ORGANIZATION, UPGRADING THE 
COMPENSATION AND BENEFITS OF ITS OFFICIALS AND EMPLOYEES, AND 
APPROPRIATING FUNDS THEREFOR 
EXPLANATORY NOTE 
This bill seeks to formally create a Commission on Immigration, thereby reorganizing and 
strengthening the current Bureau of Immigration, introducing institutional reforms augmenting the 
current personnel plantilla proposing oppose competitive salaries, and other such reforms that will 
enable the Commission to world-class immigration service at par with the best in the world.    
Being at the forefront and serving as gatekeepers for the country, the Commission is tasked with 
the heavy responsibility of welcoming and screening all incoming foreign nationals, safeguarding 
our borders, protecting our sovereignty, and prioritizing the overall interest of the country.  
We would also want to engage more tourists to boost our economy thus, an efficient, hassle-free, 
red tape-free Immigration office will greatly help boost our image to the world. The Commission 
can also help introduce effective mechanisms on immigration procedures that can foster and attract 
investments for our country thereby helping the government in revenue generation. 
The current structure and set-up of the Bureau limit its capabilities and potential to maximize the 
service that this should be giving the public. Thus, equipping them with the right administrative and 
legal tools will be extremely necessary for them to deliver fully on their mandate and obligation.  
On behalf of the people of Parañaque City’s Second District, and for the common good of the 
Filipino people, the approval of the said measure is earnestly sought. 
REP. GUSTAVO S. TAMBUNTING 
2nd District, Parañaque 
August 23, 2022
2:27 pm
4047


Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. _______ 
Introduced by HON. GUSTAVO S. TAMBUNTING 
AN ACT CREATING THE COMMISSION ON IMMIGRATION,  
DEFINING ITS POWERS AND FUNCTIONS, EXPANDING, RATIONALIZING, AND 
FURTHER PROFESSIONALIZING ITS ORGANIZATION, UPGRADING THE 
COMPENSATION AND BENEFITS OF ITS OFFICIALS AND EMPLOYEES, AND 
APPROPRIATING FUNDS THEREFOR 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: 
TITLE I 
GENERAL PROVISIONS 
SECTION 1. Short Title. – This Act shall be known as the “Philippine Immigration Act”. 
SECTION 2. Declaration of Policy. – In the conduct of its relation with other States, the 
Philippines shall give paramount consideration to national sovereignty, territorial integrity, national 
security, national interest, the right to self-determination, enhancement of economic diplomacy as 
well as the protection of overseas Filipinos in destination countries, as it adheres to the policy of 
peace, cooperation and amity with all nations. Toward this end, Philippine immigration policies, 
rules, and regulations under this Act shall be applied and administered as instruments for the 
promotion of domestic and external interests of the Philippines, in recognition of: 
(a)
The admission of foreign nationals to encourage and enhance capital investments, trade
and commerce, cultural exchanges, and other forms of, friendly relations and cooperation;
(b)
The need to support the country's technological and scientific development;
(c)
Promotion of conditions for social welfare and economic security of the people;
(d)
Compliance with obligations and standards set by international law in the admission or
exclusion of foreign nationals;
(e)
Promotion of international order and justice by preventing and denying the use of
Philippine territory to persons who are engaged or likely to engage in terrorism, human
smuggling and trafficking, criminal and other nefarious activities;
(f)
Modernization of structures and mechanisms necessary for the administration of
immigration laws in keeping with the changing demands of the country's role in the global
community; and
(g)
Professionalization of the immigration service by instituting a rigid system of screening and
selection of immigration officials and employees and promoting their development.
SECTION 3. Definition of Terms. – As used in this Act, the following terms are defined as follows; 
(a)
"Admission" refers to the process by which a foreign national arriving at a port of entry in
the Philippines is allowed into the country by the immigration authorities;
(b)
"Board" refers to the Board of Commissioners;
4047


 
(c) 
"Border Control Officer" refers to any person tasked to man the Border control Station as 
provided under Section 28 of this Act; 
 
(d) 
"Captain" refers to the master of a vessel or pilot of an aircraft; 
 
(e) 
"Child" refers to a person below eighteen (18) years of age; 
 
(f) 
"Citizen" refers to any person who is a citizen of the Philippines under Section 1, Article IV 
of the Constitution of the Republic of the Philippines; 
 
(g) 
"Commission" refers to the commission on Immigration; 
 
(h) 
"Commissioner" and "Deputy Commissioner" refers to the Commissioner of Immigration 
and the Deputy Commissioner of Immigration, respectively; 
 
(i) 
"Commitment Order" refers to an order issued by the Commissioner under Section 7(c)(2) 
of this Act that directs the taking into custody of a foreign national after it has been 
determined that a probable cause exists that the foreign national committed acts and/or 
omissions in violation of Philippine immigration laws, rules and regulations, or during the 
pendency of deportation case against such foreign national: Provided, That such custody 
shall not exceed three (3) months unless there exist other legal grounds for continued 
custody; 
 
(j) 
"Consular Officer" refers to any consular, diplomatic, or another officer of the Department 
of Foreign Affairs who has been duly granted a consular commission issuing visas under 
this Act; 
 
(k) 
"Derogatory Information" refers to details about persons and travel documents relating to 
immigration consisting of the following: 
 
 
 
(1) 
"Blacklist Order" refers to an order issued by the Commissioner that prevents a 
foreign national from entering the territorial jurisdiction; 
 
 
(2) 
"Hold Departure Order" refers to a directive from the commissioner preventing a 
foreign national from leaving the territorial jurisdiction of the Philippines in cases of grant 
of bail and recognizance pending implementation of Summary Deportation Order, or an 
order implementing a directive from the Regional Trial Courts, Sandiganbayan, and 
appellate courts to prevent a person from leaving the Philippines to any place outside 
thereof; and  
 
 
(3) 
"Watchlist Order" refers to an order issued by the Commissioner under this Act that 
requires immigration personnel to monitor the travel of any person for sixty (60) days, 
extendible for another sixty (60) days, and to notify the concerned government agencies 
of the Philippines.  
 
 
(l) 
"Entry" refers to the arrival of a foreign national into any designated port of entry in the 
Philippines from a place outside thereof. A foreign national having a lawful permanent 
residence in the Philippines shall not be regarded as making an entry for 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 another legal proceeding" refers the process of 
Immigration Officers denying admission of a foreign national into the country on grounds 
provided for in this Act; 
 
(n) 
"Foreign National" refers to any person not a citizen of the Philippines; 
 
(o) 
"Immigrant" refers to any foreign national departing from any place outside the Philippines 
destined for the Philippines, other than a non-immigrant; 
 
(p) 
"Immigration Laws" refers to this Act and any other law presently existing or which may 
hereafter be enacted relating to the movement of natural persons to and from the 
Philippines; 
 
(q) 
"Immigration Officer" refers to any person appointed under Section 24 of this Act or any 
employee of the Commission designated by the Commissioner to perform the powers, 
duties, and functions of an Immigration Officer as specified under this Act; 
 
(r) 
"Interception" refers to the act of Immigration Officers denying departure clearance to any 
person leaving the country on grounds provided for in this Act; 


 
(s) 
"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; 
 
(t) 
"Non-refoulement" refers to a principle of international law that prohibits the forced return 
of a refugee to the state or territory where one's life or liberty would be threatened; 
 
(u) 
"Passport" refers to a document issued by the Philippine government to its citizens under 
Republic Act No. 8239, otherwise known as "The Philippine Passport Act of 1996"; 
 
(v) 
"Person" refers to a natural or juridical person such as but not limited to partnerships, 
corporations, companies, and associations; 
 
(w) "Port of entry" refers to any port designated by the Commissioner through which a foreign 
national may enter or exit the Philippines; 
 
(x) 
"President" refers to the President of the Republic of the Philippines; 
 
(y) 
"Refugee" refers to a person who, owing to a well-founded fear of being persecuted for 
reasons of race, religion, nationality, membership of a particular social group, or political 
opinion, is outside the country of nationality, and is unable or, owing to such fear, is 
unwilling to avail of the protection of that country; or who, not having a nationality and 
being outside the country of former habitual residence, is unable or, owing to such fear, is 
unwilling to return to it; 
 
(z) 
"Seaman," "Seafarer" or "Crewmember" refers to a person employed in the operation or 
service in any capacity on board a vessel; 
 
(aa) "Secretary" refers to the Secretary of the Department of Justice; 
 
(bb) "stateless Person" refers to a person who is not considered a national by any State under 
its laws; 
 
(cc) "Travel document" refers to a certification or identifying the document containing the 
description and other personal circumstances of its bearer, issued for direct travel to and 
from the Philippines and 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"; 
 
(dd) "Vessel" refers to all means of conveyances, whether aircraft or sea craft; and 
 
(ee) "Visa" refers to an endorsement on a passport or any travel document issued by a Consular 
Officer abroad authorizing the holder thereof to proceed to a designated port of entry in 
the Philippines and there to apply for entry and admission under the status specified 
therein, or immigration status granted and/or issued to foreign nationals by the 
Commissioner or the Board under this Act; 
 
TITLE II 
COMMISSION ON IMMIGRATION 
 
CHAPTER 1 
THE COMMISSION 
 
SECTION 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 departure from the Philippines of all persons. 
 
SECTION 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 
administrative supervisory experience of at least three (3) years: Provided, That the majority or 
three (3) members including the Chairperson of the Commission shall be members of the Philippine 
Bar in good standing for at least five (5) years. 
 


CHAPTER 2 
THE COMMISSIONER 
 
SECTION 6. Appointment and Rank of the Commissioner. – The Commissioner shall be 
appointed by the President and shall have the same rank, salary, and privileges as the Department 
Undersecretary.  
 
SECTION 7. Powers and Functions of the Commissioner. – In addition to the duties as 
Chairperson of the Board of Commissioners, the Commissioner shall exercise the following powers 
and functions: 
 
 
(a) Supervise, direct and coordinate the overall operations of the Commission; 
 
(b) Exercise control and supervision over the officers and personnel of the Commission, 
including but not limited to appointments, promotions, reassignments, and other personnel 
movements, subject to existing civil service laws, rules, and regulations;  
 
(c) Issue, (1) letter orders after determination of the existence of probable cause for 
deportation; (2) commitment or release orders; (3) warrant of deportation; (4) order to 
inspect the documents, premises, and records of, persons covered by this Act and (5) 
derogatory information orders as defined in Section 3(k) of this Act; 
 
(d) Delegate authority to subordinate officers and employees of the Commission, except about 
powers and functions enumerated in the immediately preceding paragraph, which may be 
delegated only to the Deputy Commissioners; 
 
(e) Act on applications for issuance and extension or petitions for conversion, adjustment, and 
amendment of visas; 
 
(f) Act on petitions for declaration of indigency; 
 
(g) Declare such control posts, landing places, airports, or ports as points of entry or exit, 
whether limited or unlimited; 
 
(h) Increase, reduce or waive immigration fees, fines, penalties, and other charges; 
 
(i) Act on applications for retention or reacquisition of citizenship under Republic Act No. 9225 
otherwise known as "Citizenship Retention and Re-acquisition Act of 2003, based on the 
recommendations of the concerned office of the Commission in consultation with the 
Department of Foreign Affairs"; 
 
(j) Issue Certificate of Identification to foreign nationals who have obtained Filipino citizenship; 
 
(k) Deputize any official or employee of the national government and local government units, 
including uniformed personnel of the Armed Forces of the Philippines, the Philippine 
National Police, and the Philippine Coast Guard to assist immigration personnel in the 
performance of their duties and functions subject to the concurrence of the Board; 
 
(l) Authorize and prescribe the forms and the number of cash bonds for the provisional release 
of respondents in deportation proceedings; 
 
(m)  Impose reasonable fines and penalties for violations of immigration and alien registration 
laws under this Act and the guidelines adopted by the Commission; 
 
(n) Provide an express lane for the rendition of services upon payment of prescribed fees by 
persons served and to deposit in government authorized depository bank all such fees 
received under a trust fund that may be made available for the payment of allowances to 
employees of the Commission, subject to existing auditing and accounting rules and 
regulations; 
 
(o) Accept donation of materials, equipment, or technical services from any foreign 
government, international or domestic organization, to upgrade the efficiency and 
operations of the Commission; 
 
(p) Submit to the President and Congress, annually or as may be directed, a report on the: (1) 
member and status of foreign nationals in the Philippines; (2) foreign nationals admitted or 
granted a change of status as permanent residents; (3) foreign nationals who have been 
excluded or deported from the Philippine; (4) estimated number of illegal foreign nationals 
in the Philippines in each calendar year and actions taken to arrest them, by nationality 


grouping, for each region in the Philippines; and (5) such other transaction of the 
Commission; 
 
(q) Assign immigration employees to do overtime work or services under rules and regulations 
to be prescribed and at the rates fixed by the Commissioner when the work or service to 
be rendered is to be paid by shipping companies and airlines or other persons served: 
Provided that employee assignments will be done in random as to prevent familiarity; 
 
(r) Determine the manning levels of immigration officers of the Commission nationwide by the 
number of arrivals in each port of entry as determined by the Board: Provided, that the 
number of employees, as provided in the staffing pattern by Section 120 of the Act, shall 
not be decreased; 
 
(s) Prepare and submit the supplemental budget of the Commission for the consideration of 
the Department of Budget Management; 
 
(t) Prescribe such rules, regulations, or other administrative issuances to carry out the 
provisions of this Act; 
 
(u) Prescribe the appropriate forms, bonds, reports, entries, and other papers by this Act; and  
 
(v) Perform such other functions inherent to the Commission. 
 
CHAPTER 3 
THE DEPUTY COMMISSIONERS 
 
SECTION 8. Appointment ad Rank of Deputy Commissioners. – There shall be four (4) 
Deputy Commissioners who shall be appointed by the President. They shall have the same rank, 
salary, and privileges as an Assistant Secretary of a Department.  
 
SECTION 9. Duties of Deputy Commissioners. – In addition to their duties as members of the 
Board, the Deputy Commissioners may be assigned by the Commissioner to supervise relative to 
the operations of the different divisions of the Commission clustered as follows: (a) regulatory; (b) 
border control; (c) enforcement; and (d) management support.  
 
CHAPTER 4 
THE BOARD OF COMMISSIONERS 
 
SECTION 10. Powers and Functions of the Board. – The Board shall have the following powers 
and functions: 
 
(a) 
Decide on applications and/or cases relative to: 
 
 
(1) Deportation; 
 
 
(2) Revocation of Immigration status; 
 
 
(3) Recognition of Philippine citizenship because of birth or marriage; 
 
 
(4) issuance and revocation of all visas; 
 
 
(5) Declaration of indigency; and  
 
 
(6) Legalization of residence by law; 
 
(b) 
Prescribe and promulgate rules of proceeding before it; 
 
(c) 
Cite and punish for contempt about the discharge of its quasi-judicial functions in 
accordance of Court; 
 
(d) 
Prepare and publish operations manual and rules of procedure, including a schedule of 
fees, for all transactions entered into by the Commission with the public; 
 
(e) 
Formulate policies, directives, programs, and projects of the Commission; and  
 
(f) 
Perform such other powers and functions as provided by existing laws, rules, and 
regulations not inconsistent with any of the provisions of this Act.  
 
SECTION 11. Decisions of the Board. – In all cases or proceedings before the Board, the 
decision of the majority shall prevail. Decisions of the Board shall become final and executory fifteen 
(15) days from receipt thereof. Only one (1) motion for reconsideration shall be filed with the Board.  
 


Decisions in deportation cases may be appealed to the Secretary within fifteen (15) days from 
receipt thereof, whose decision shall be final and executory unless stayed by an order of the Court 
of Appeals.  
 
SECTION 12. Period for Decision by the Board. – The Board of Commissioners shall decide 
deportation cases within thirty (30) calendar days from the date they are submitted for decision or 
resolution.  
 
SECTION 13. Meetings of the Board. – In all cases, the Board of Commissioners shall convene 
and act as a collegial body in all matters referred to in Section 10 of this Act. The Board shall meet 
at least once a week or, if necessary, twice a week. Members of the Board shall be notified 
accordingly and the presence of the Chairperson and two (2) members shall constitute a quorum.  
 
CHAPTER 5 
THE EXECUTIVE DIRECTOR 
 
SECTION 14. Appointment and Tenure. – There shall be an Executive Director of the 
Commission who shall be appointed by the President upon the recommendation of the Commissioner 
and endorsement by the Secretary. The Executive Director must be a natural-born citizen of the 
Philippines, at least thirty (30) years of age, Career Executive Service (CES) eligible, and a member 
of the Philippine Bar in good standing for at least five (5) years before the appointment.  
 
SECTION 15. Powers and Duties. – The Executive Director shall: 
 
 
(a) 
Act as the Board Secretary in the meetings of the Board; 
 
(b) 
Advise and assist the Commissioner in the formulation and implementation of the 
objectives, policies, plans, and programs of the Commission; 
 
(c) 
Supervise all the operational activities of the Commission; 
 
(d) 
Coordinate the programs and projects of the Commission and be responsible for its 
economical, efficient, and effective administration; 
 
(e) 
Administer oaths in connection with all matters relating to the business of the Commission; 
and  
 
(f) 
Perform such other duties as may be assigned by the Commissioner. 
 
CHAPTER 6 
THE BOARD OF SPECIAL INQUIRY 
 
SECTION 16. Constitution of Boards of Special Inquiry. – There shall be constituted as many 
Boards of Special Inquiry (BSI) as required in the exigency of service but not more than twelve (12). 
Each Board shall be composed of a Chairperson and two (2) members. The Overall Chairman of the 
BSI shall sit as the Chairperson of the First Board of the BSI. The BSI shall be designated according 
to their areas of specialization to be determined by the Board.  
 
SECTION 17. Appointment and Qualification of the Chairpersons and Members of the 
BSI. – The Chairpersons and the members of the BSI shall be appointed by the Commissioner, all 
of whom shall be natural-born citizens of the Philippines and, at the time of their appointment, at 
least thirty (30) years of age, members of the Philippine Bar in good standing, and engaged in the 
practice of law for at least three (3) years.  
 
SECTION 18. Powers and Functions of the BSI. – The BSI shall: 
 
(a) 
Recommend to the Board for final resolution cases and/or applications relative to: 
 
 
(1)  Deportation; 
 
 
(2)  Revocation of Immigration status; 
 
 
(3)  Recognition of Philippine citizenship because of birth or marriage; 
 
 
(4)  Legalization of residence by law; and 


 
 
(5)  Issuance of visa for a stateless person; 
 
(b) 
Issue subpoenas in cases being heard by the BSI; 
 
(c) 
Cite and punish for contempt in the exercise of their quasi-judicial functions and bye Rules 
of Court; 
 
(d) 
Recommend to the Board the imposition, waiver, or reduction of fees, fines, penalties, and 
other charges subject to existing laws, rules, and regulations; 
 
(e) 
Administer oaths; 
 
(f) 
Promulgate rules and regulations governing matters within its assigned mandate subject 
to the approval of the Board; and  
 
(g) 
Perform such other duties and functions as may be directed by the Commissioner and the 
Board. 
 
SECTION 19. Proceedings Before the BSI. – 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 in good standing shall appear for and on behalf of any party before the BSI.   
 
SECTION 20. Resolution of the BSI. - Cases before the BSI shall be resolved within five (5) 
working days from the date the same are submitted for resolution. Said resolution shall be submitted 
immediately to the Board for action. 
 
CHAPTER 7 
DIVISIONS OF THE COMMISSION 
 
SECTION 21. Divisions and other Operating Offices of the Commission. - The Commission 
shall have the following divisions and other operating offices, namely: 
 
 
(1) 
Administration; 
 
(2) 
Finance; 
 
(3) 
Information and Communications Technology; 
 
(4) 
Planning and Research; 
 
(5) 
International Policies and Cooperation; 
 
(6) 
Social Integration; 
 
(7) 
Intelligence; 
 
(8) 
Law Enforcement; 
 
(9) 
Fraud Prevention; 
 
(10) Legal; 
 
(11) Immigration Regulation; 
 
(12) Registration; 
 
(13) Visa and Special Permit; 
 
(14) Complaint and Prosecution; 
 
(15) Internal Audit Office; 
 
(16) National Operations Center; and  
 
(17) Immigration Academy of the Philippines.  
 
SECTION 22. Heads of the Divisions and other Operating Offices. – Each Division and other 
operating offices shall be headed by a Director to be appointed by the Secretary, upon 
recommendation of the Commissioner: Provided, however, That Directors for the Division for Legal 
and the Division for Complaint and Prosecution shall be members of the Philippine Bar in good 
standing and must have been engaged in the practice of law for at least three (3) years. The Director 
of Finance Division shall be a Certified Public Accountant in good standing for at least three (3) 
years.  
 
SECTION 23. Duties and Functions of the Divisions and Other Operating Offices. – The 
different divisions and other operating offices of the Commission shall have a such number of officers 


and employees to carry out their respective duties and functions as may be defined by the 
Commissioner in the implementing rules and regulations. 
 
SECTION 24. Immigration Officers. – No person shall be appointed to the position of 
Immigration Officer unless he or she is a holder of a bachelor's degree and a first-grade civil service 
eligible. The Immigration Officers shall perform the following duties: 
 
 
(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 admit foreign nationals complying 
with the applicable provisions of immigration and related laws; 
 
(c) 
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 take into custody without warrant any foreign nationals 
who in one’s presence or view are altering or is about to enter the Philippines in violation 
of immigration and related laws, rules and regulations; 
 
(e) 
Act as control officer with authority to prevent the departure of passengers not complying 
with departure requirements; and   
 
(f) 
Perform such other functions as may be assigned by the Commissioner from time to time. 
 
SECTION 25. Deployment of Immigration Personnel Abroad. – Within ninety (90) days from 
the effectivity of this Act, the Department of Foreign Affairs and the Commission shall promulgate 
the implementing rules and regulations on the assignment and development of immigration 
personnel to select consular posts abroad who shall, subject to the pertinent provisions of Republic 
Act NO. 7157 or the "Philippine Foreign Service Act of 1991", perform immigration duties, except 
diplomatic and consular functions.  
 
CHAPTER 8 
OTHER OFFICES 
 
SECTION 26. Field Offices of the Commission. – The Commission shall operate and maintain 
a field office in each of the administrative regions including the National Capital Region.  
 
The field offices of the Commission shall each be headed by at least an Immigration Officer II, all 
of whom shall be designated by the Commissioner. 
 
SECTION 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. 
 
 
SECTION 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 III 
IMMIGRATION 
 
CHAPTER 1 
NON-IMMIGRANTS 
 


SECTION 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 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 professional nature, but does not include local employment or labor 
for hire;  
 
(2) 
Pleasure (A-2 Visa): Temporary visitors who stay in the Philippines for Holiday, 
including sightseeing, recreation, or visiting relatives; and  
 
(3) 
Health (A-3 Visa): Temporary visitors who stay in the Philippines to avail of medical 
treatment. 
 
 
(b) 
Transit Persons (B Visa): Persons passing through the Philippines solely for a "stopover" 
who have a confirmed connecting flight to another country or passengers in immediate 
and continuous transit to a destination outside the Philippines;  
 
(c) 
Crew members (C Visa): Members of the crew of vessels required for the normal operation 
and servicing of the vessels who come to the Philippines temporarily as part of their jobs 
either arriving with or coming to join the vessels; 
 
(d) 
Treaty Traders (D-1 Visa) and Treaty Investors (D-2 Visa): Citizens and their family 
members from a country that has a trade treaty with the Philippines and coming to work 
in the Philippines for either a company they own or one that is at least 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, and their family 
members, and coming to work in the Philippines for a business they own or one that is at 
least fifty percent (50%) owned by nationals of their home country and which business is 
supported by a substantial investment from nationals of their home country shall be 
granted a D-2 visa; 
 
(e) 
Accredited Foreign Government Officials, Their Families, and Household Members (E 
Visas): Foreign government officials, their families, and household members coming to the 
country for official purposes and 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 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 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  
 
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, is a national of the country whose 
government he represents and is proceeding to the Philippines on a long-term basis 
in connection with official business for his/her government. This category includes 
inter alia, the following classes of foreign nationals: 
 
 
i. Administrative and technical members of the staff of a diplomatic or consular 
mission; 
 
ii. Official participating in programs under the auspices of  the 
Philippines 
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 his/her government. This category includes, 
inter alia, the following classes of foreign nationals: 
 
 
i. Diplomatic couriers regularly and professionally employed as such; 
 
ii. All members of official special missions of a diplomatic  character; 
 
iii. Members of delegations proceeding to or from an 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 Section 29(e) of this Act shall be exclusively issued and renewed by 
the Department of Foreign Affairs, which shall also determine the type of E-visa of 
foreign Government Officials not identified in the foregoing lists. The grant of 
immunities and privileges shall be subject to applicable domestic and international 
law and international agreements to which the Philippines is a party, as well as in 
consideration of the principle of reciprocity. 
 
 
(f) 
Students (F Visa): foreign students having means sufficient for their support and education 
in the Philippines who seek to enter the Philippines temporarily for the sole purpose of 
taking up a course of study higher than high school at a university/seminary, academy or 
college accredited to admit such foreign students by the Commission on Higher Education 
in coordination with the Commission, including the monitoring of the status of activities of 
such foreign students in the Philippines;  
 
(g) 
Prearranged Employment (G Visa): Foreign nationals coming to the Philippines on 
prearranged employment, including their family members accompanying or following to 
join them within the period of their employment. This category includes intra-company 
transferees, professionals, performing artists, athletes, and cultural exchange workers 
under a work exchange program; 
 
(h) 
Religious Workers (H Visa): Duly ordained or professional missionaries and religious 
ministers, including members of their family, coming to the Philippines to join a religious 
congregation or determination duly registered with the Securities and Exchange 
Commission, upon invitation, sponsorship or guarantee of such religious congregation or 
denomination, solely to propagate, teach and disseminating their faith or religion; 
 
(i) 
Representatives of International Organizations and Government Agencies (I Visa): For 
purposes of this Act, the term "accredited international organization", includes any public 
international organization in the activities in which the Philippines participates under any 


treaty or under the authority of any act of the Congress of the Philippines authorizing such 
participation or making an appropriation for such participation and such other international 
organizations, institutions, agencies, programs, foundations and entities which are 
recognized by the government of the Republic of the Philippines, including those existing 
and already recognized as such at the time of the effectivity of this Act.  
 
 
Foreign officials and staff of accredited international organizations, including their 
dependent family members, staff, and household members shall be granted 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.  
 
(3) 
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. 
 
(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.  
 
 
 
All visas under Section 29(i) of this Act shall be exclusively issued and renewed by the 
Department of Foreign Affairs, which shall also determine the type of I-Visa of officials and 
staff of International Organizations who are not identified in the foregoing lists. The grant 
of immunities and privileges shall be subject to applicable domestic and international law, 
relevant Headquarters Agreements, and international agreements to which the Philippines 
is a party.  
 
 
(j) 
Media workers (J Visa): Foreign media personnel or correspondents, duly accredited by 
the government agency concerned, who are bona fide representatives of a foreign press, 
radio, 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, and conduct research training in a specific Exchange Visitor Program duly 
approved by the Philippine Government; 
 
(l) 
Refugees (L-1 Visa) and Stateless Persons (L-2 Visa): Refugees as defined in Section 3 (z) 
hereof shall be issued an L-1 Visa. Stateless persons, whose admission for humanitarian 
reasons and not inimical to the 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 that allows a foreign national to stay in the 
Philippines after his/her current visa, other than a temporary visitor visa under Section 
29(a), expires and while his/her application for adjustment of statuses being proceeded.  
 
(n) 
Special Non-Immigrants (N Visas): Such other foreign nationals including their family 
members who may be admitted as non-immigrants under special laws or foreign nationals 
not otherwise provided for by this Act who are coming for temporary periods only, and 
whose admission is authorized by the Commissioner of the President in the interest of the 
public or of humanitarian considerations and under such conditions as he may prescribe. 
 
CHAPTER 2 
IMMIGRANTS 
 


SECTION 30. Quota Immigrants. - Subject to conditions outlined in this Act, there may be 
admitted into The Philippines, immigrants, otherwise known as "quota immigrants", not to exceed 
two hundred (200) of any one nationality based on immigration reciprocity for any one calendar 
year and upon allotment by the Commissioner of the corresponding quota number. In the allotment 
of quota numbers, the following order of preference 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; 
 
(c) 
Third Preference: Spouses or minor children of foreign nationals who are lawful permanent 
residents of the Philippines; and 
 
(d) 
Fourth Preference: Parents of foreign nationals who are lawful permanent residents of the 
Philippines. 
 
SECTION 31. Allotment of Quota. - The Commissioner shall, concerning the first preference, 
allot not more than fifty percent (50%) of the annual quota allotment up to the end of June each 
year: Provided, however, that if the fifty percent (50%) is not utilized by the first preference, the 
balance thereof shall be given to the second, third, and fourth preferences in section 30 of this Act. 
Any unused quota allotment for a calendar year cannot be carried over and utilized for the ensuing 
calendar year. 
 
SECTION 32. Basis in Determination of Quota Allotment. - The nationality of an immigrant 
whose admission is subject to the numerical limitation imposed by Section 30 of this Act shall be 
that of the country of which the immigrant is a national or a citizen. The nationality of an immigrant 
possessing dual nationality may be that of either of the two countries regarding him/her as a national 
or citizen if he/she applies for a visa in a third country. If he/she applies for a visa within one of the 
two countries regarding him/her as a national or citizen, his/her nationality shall be that of the 
country in which he/she files his/her application for a visa to enter the Philippines.  
 
SECTION 33. Non-Quota Immigrants. - The following immigrants, known as "non-quota 
immigrants", may be admitted without regard to numerical limitation and immigration reciprocity: 
 
 
(a) 
The spouse of a Philippine citizen: Provided, however, That the abandonment and failure 
to give support by the foreign spouse to his/her Filipino spouse and family, legal 
separation, or termination of the marital status by annulment, declaration of nullity of 
marriage or divorce where the cause is attributable to the foreign spouse, shall constitute 
grounds for cancellation of the immigrant visa issued to the foreign spouse; 
 
(b) 
A person of Filipino descent regardless of generation; 
 
(c) 
A child born to a foreign mother during her temporary visit abroad, the mother being a 
lawful permanent resident of the Philippines, if accompanied by or coming to join the 
mother who applies for admission within five (5) years from the birth of the child; 
 
(d) 
A child born after the issuance of an immigrant visa to the accompanying parent, the visa 
not having expired or revoked; 
 
(e) 
A foreign national who had been previously lawfully admitted into the Philippines for 
permanent residence who is returning from a temporary visit abroad to an unrelinquished 
residence in the Philippines; 
 
(f) 
a natural-born citizen who becomes a naturalized citizen of a foreign country and is 
returning to the Philippines for permanent residence therein, including his/her spouse and 
minor children accompanying or following to join him/her; and 
 
(g) 
Spouse, parent, children, legitimate siblings of a foreign national who is gainfully employed 
and holder of permanent resident status for seven (7) years. 


 
CHAPTER 3 
NATIVE-BORN FOREIGN NATIONAL 
 
SECTION 34. Status of Children Born to Immigrants. – A child born in the Philippines to 
parents who are foreign nationals and lawful residents of the Philippines shall be deemed a native-
born permanent resident. 
 
 
SECTION 35. Status of Children Born to Non-Immigrants. – A child born to parents who are 
both non-immigrants shall be deemed a native-born non-immigrant to temporary resident and may 
remain in the Philippines only during the period of authorized stay of the parents unless he/she 
reaches the age of eighteen (18) years while continuously residing in the Philippines, in which case 
he/she may apply for naturalization under existing laws or appropriate visa. 
 
CHAPTER 4 
ADJUSTMENT OF STATUS 
 
SECTION 36. Conditions for Adjustment of Status of Foreign Nationals. – The status of a 
foreign national admitted into the Philippines as an on-immigrant may be adjusted by the Board to 
that of a foreigner lawfully admitted as a permanent resident if: (a) the foreigner makes an 
application for such adjustment; (b) the foreigner is eligible to receive a quota or non-quota 
immigrant visa and is admissible to the Philippines as a permanent resident: and (c) a quota 
immigrant visa, if such is the case, is immediately available to him/her at the time of his/her 
application, without the need of first departing from the Philippines. In all such cases, the personal 
appearance of the foreigner shall be required during the consideration of his/her application.  
 
SECTION 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 by Section 30 of this Act. 
 
SECTION 38. Adjustment of Status, When Not Allowed. – Adjustment of Status under Section 
36 of this Act shall not apply to a foreign national: (a) who has violated or is in violation of 
immigration laws, rules, and regulations unless the violation is without the fault of the foreign 
national or for purely technical reasons; and (b) transients. 
 
SECTION 39. Loss of Status.  – A registered foreign national, except a temporary visitor, who 
fails to return to the Philippines within one (1) year from departure shall lose his status. Otherwise, 
such foreign nationals shall apply for an extension of the period within which to return before its 
expiration and pay the prescribed fees therefore in visa categorize y. 
 
CHAPTER 5 
DOCUMENTATION AND ADMISSION OF NON-IMMIGRANTS 
 
SECTION 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 require under existing laws, rules, regulations, or multilateral 
or bilateral agreements.  
 
SECTION 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 the 
bilateral, regional, and multilateral visa agreements entered into by the Philippines; Provided, that 


the conditions for extensions and the total period of authorized stay shall be prescribed by the 
Commissioner: Provided further, That during the foreign national's authorized stay: (a) he/she shall 
not take any employment, whether paid or unpaid; (b) he/she shall not establish or join in any 
business; or (c) he/she shall not enroll and become a student at a school, college, university, 
academy, or other educational institution, unless he/she is granted, upon proper application, 
conversion to another immigration status provided under this Act. 
 
SECTION 42. Conditions of Issuance of Pre-arranged Employment Visas. – A foreign 
national who is coming to the Philippines for prearranged employment shall not be issued a non-
immigrant visa referred to in Section 29(g) until the Consular Officer shall have received 
authorization for the issuance of the same. Such authorization shall be given only upon the filing of 
a petition with the Board establishing, among others, that no person can be found in the Philippines 
willing and competent to perform the work or service for which the foreigner is desired and that the 
admission would be beneficial to the 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 
for other regulations, it shall grant the petition and shall promptly transmit the authorization to the 
Department of Foreign Affairs.  
 
SECTION 43. Submission of Crew List and Passenger Manifest to the Commission. – 
Simultaneous to the vessel's departure from the port of origin, the master, captain, agent, owner, 
or consignee of any commercial vessel arriving in the Philippines shall submit to the Commission, 
within a reasonable time before such arrival, the crew lists, passenger manifests and such other 
information concerning the persons arriving on such a vessel. In the same manner and condition, 
the master, captain, agent, owner, or consignee of any commercial vessel departing from any port 
in the Philippines shall submit to the Commission, within a reasonable time before such departure, 
the crew list, passenger manifest, and such other information concerning the persons departing on 
the such vessel. The crew list of an incoming sea craft shall contain the appropriate visa granted by 
the Consular Officer.  
 
SECTION 44. Inspection of crewmembers. – It shall be the duty of the master, captain, agent, 
owner, or consignee of any vessel arriving in the Philippines to have available on board, for 
inspection by the Immigration Officer, any foreign crewmember employed on such vessel 
crewmember when required by the immigration authorities. No crew member on board the such 
vessel shall be discharged while the vessel is in port without the permission of the Commissioner.  
 
SECTION 45. Permission for Temporary Landing of a Foreign Crewmember. – A foreign 
crewmember on a vessel arriving in the Philippines may be permitted to land temporarily under such 
conditions as may be prescribed by the Commissioner. All expenses incurred by the Commission 
while the crewmember is on land shall be borne by the master, captain, agent, owner, or consignee 
of the carrying vessel. 
 
CHAPTER 6 
DOCUMENTATION AND ADMISSION OF IMMIGRANTS 
 
SECTION 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 issue and the period of validity 
thereof. Immigrant visas shall not be required the following: 
 
 
(a) 
A child born after the issuance of a valid immigrant visa to the accompanying parent; 


 
(b) 
A child born during the temporary visit abroad of the mother who is a lawful permanent 
resident of the Philippines and a holder of a valid re-entry permit, if the child is 
accompanied by either parent within five (5) years from the date of the child's birth; and  
 
(c) 
A foreign national who is 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 
 
SECTION 47. Nature of Visa. – Nothing in this Act shall be construed to automatically entitle any 
foreign national to whom a visa or other travel document has been issued to enter the Philippines 
if, upon arrival at a port entry, he/she is found to be inadmissible under this Act or any other law.  
 
SECTION 48. Visa Policy. – The policies governing the issuance, extension, renewal, and 
conversion of visas referred to in Sections 29 and 33 hereof shall be jointly formulated by the 
Commission and the Department of Foreign Affairs and, when appropriate, in consultation with 
concerned government agencies and offices.  
 
SECTION 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 of a Consular Officer, a quota 
immigrant visa may only be issued to a foreign national who has made a proper application 
therefor, which shall specify the foreign country, if any, to which the quota the number is 
assigned, the immigrant's particular status in such country, the preference to which the 
foreign national in 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.  
 
SECTION 50. Requirements for Physical and/or Mental Examination Before Issuance of 
Immigrant Visa. – Before 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 the regulations 
as may be prescribed by the Commissioner.  
 
SECTION 51. Visa Validity Period. – A single-entry non-immigrant or immigrant visa issued by 
a Consular Officer abroad under Section 49 of this Act shall be valid for a period not exceeding three 
(3) months: Provided: That in prescribing the validity period of a single-entry non-immigrant visa, 
the Consular Officer may, insofar as practicable, allow a longer validity period based on reciprocity 
as accorded by the foreign country to citizens of the Philippines who are within a similar class.  
 
An immigrant visa may be replaced under the original number during the calendar year in 
which the original visa was issued for a foreign national who establishes to the satisfaction of the 
Consular Officer that he/she was unable to use the original immigrant visa during the period of its 
validity for reasons beyond his/her control: Provided, That the foreign national is found by the 
Consular Officer to be eligible for another immigrant visa and has paid all the fees.  
 
SECTION 52. Denial of Visa, Grounds Thereof. – The Consular Officer may deny the application 
for a visa (a) if it appears from the statements in the application on the documents submitted the 
applicant is not eligible for a visa under this Act; or (b) if he/she fails to comply with the requirements 
of the provisions of this Act. 


 
SECTION 53. Revocation of Visa Issued by Consular Officer. – The Commissioner may, for 
a valid cause and upon confirmation by the Department of Foreign Affairs, revoke the visa issued 
by any Consular Officer. If the notice of revocation is not received and the visa holder applies for 
admission into the Philippines, his/her admission or entry shall be determined by the Immigration 
Officer upon his/her arrival at the port of entry.  
 
CHAPTER 8 
RE-ENTRY AND EMIGRATION CLEARANCE 
 
SECTION 54. Re-entry. – Every time a registered foreign national, except a temporary visitor, 
departs or is about to depart temporarily from the Philippines to return within one (1) year from 
departure, the foreign national must secure from the Commission a re-entry permit or if his/her 
authorized stay is less than one (1) year, a Special Return Certificate and pay the corresponding 
fees. 
SECTION 55. Emigration Clearance. – A registered foreign national who departs permanently 
from the Philippines shall surrender all Philippine immigration documents to the Commission and 
apply for and be issued an Emigration Clearance Certificate, subject to the following conditions: 
 
 
(a) The immigrant has no pending obligation with the government or any of its agencies or 
instrumentalities; 
 
(b) The immigrant has no pending criminal, civil, or administrative proceeding which requires 
continued presence in the country; and 
 
(c) There is no ongoing legislative inquiry where the immigrant is called upon to testify as a 
witness.  
 
A temporary visitor departing from the Philippines shall, after the expiration of the initial authorized 
stay, apply for emigration clearance with the Commission and pay the prescribed fees therefor. 
 
CHAPTER 9 
PRESIDENTIAL PREROGATIVES 
 
SECTION 56. Presidential Prerogatives. – Any provision of this Act to the contrary 
notwithstanding the President may: 
 
 
(a) 
Deny the entry and admission into the Philippines of any foreign national or a class of 
foreign nationals whenever the President finds that the entry would be detrimental to the 
interest of the Philippines or impose such restrictions as he/she may deem appropriate; 
 
(b) 
Waive passport and/or documentary requirements for non-immigrants and immigrants 
under such terms and conditions as he/she may prescribe; 
 
(c) 
Change the status of non-immigrants by allowing them to acquire permanent residence 
status without the necessity of a visa; 
 
(d) 
Deport any foreign national, subject to the requirement of due process; 
 
(e) 
Admit non-immigrants not otherwise provided for in this Act for humanitarian 
considerations and when not detrimental to the public interest, under such terms and 
conditions as he/she may prescribe; 
 
(f) 
Prohibit the departure from the Philippines of any person who is likely to disclose national 
security information, or who is likely to organize a rebellion abroad against the Philippines, 
or whose presence in the country is necessary to face, or to be a witness in, criminal 
proceedings; and 
 
(g) 
Exercise, concerning foreign nationals in the Philippines, such powers as recognized by the 
generally accepted principles of international law.  
 
TITLE IV 
PROVISIONS RELATING TO ENTRY 


 
CHAPTER 1 
CLASSIFICATION OF PORTS OF ENTRY 
 
SECTION 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 
 
SECTION 58. Inspection by Immigration Officer. – A foreign national seeking admission or 
readmission shall present one valid passport and visa, if required to the immigration officer at the 
port of entry and shall be subject to primary inspection. The decision of the examining Immigration 
Officer, if favorable to the admission of any foreigner, may be challenged by another Immigration 
Officer. The final determination of the admissibility of such foreign nationals 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.  
 
 
SECTION 59. Detention or Quarantine for Examination. – To determine whether a foreign 
national arriving at any port in the Philippines belongs to any of the classes excludable under this 
Act reason of being afflicted with any of the contagious or communicable disease or mental diseases 
outlined in Section 70(a) of this Act or whenever the Commissioner has received information 
showing that foreigners are coming from a country or a place where any of such diseases are 
prevalent or widespread, the foreigner shall be detained or quarantined for a reasonable period to 
enable the immigration and medical officers to subject such person to observation and examination. 
 
SECTION 60. Medical Examination Requirement. – Any arriving foreign national whom the 
examining Immigration Officer believes to belong under the class of excludable foreign nationals 
specified in Section 70(a) herein shall be referred to designated medical officers for physical and 
mental examination. The such medical officer shall certify his/her findings for the information of the 
Immigration Officer.  
 
SECTION 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 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 formalities.  
 
SECTION 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) 
Visaed crew list; 
 
(c) 
Passenger manifest; 
 
(d) 
Port of the last departure; 


 
(e) 
International port intended destination, or other place authorized by the Commissioner; 
 
(f) 
Estimated time of arrival; and 
 
(g) 
Authorized agent or representative at the place of arrival. 
 
CHAPTER 3 
FOREIGN CREWMEMBER 
 
SECTION 63. Conditional Permit to Disembark. – A foreign crewmember of a vessel under 
Section 29(c) of this Act may be granted a conditional permit, in a form prescribed by regulations, 
to disembark temporarily from the vessel on which he/she arrived while the such vessel remains in 
port under such terms and conditions as may be prescribed by the Commissioner. 
 
 
SECTION 64. Confiscation and Cancellation of Permit; Deportation from the Philippines. 
– Upon the determination that the foreign national is not a bona fide crewmember or does not 
intend to depart on the vessel that brought him, the Commissioner shall cancel and confiscate the 
conditional permit already issued, take such foreign national into custody, and require the owner, 
operator, captain, master, pilot, agent or consignee of the vessel on which the foreigner arrived to 
receive and detain him/her 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.  
 
SECTION 65. Liability for Overstaying Foreign Crewmen. – A foreign crewmember who 
remains in the Philippines more than the period allowed in the conditional permit issued to him shall 
be solidarity liable with the owner, operator, captain, master, pilot, agent, or, the consignee of the 
vessel to pay the penalties prescribed in Section 115 of this Act.  
 
SECTION 66. Liability for Unauthorized Discharge of Foreign Crewmember. – It shall be 
unlawful for any person, including the owner, operator, captain, master, pilot, agent, or consignee 
of any vessel to discharge any foreign crewmember employed by a vessel arriving in the Philippines 
and whilst in port, without first obtaining the prior permission of the Commissioner. Otherwise, such 
person or owner, operator, captain, master, pilot, agent, or consignee of the vessel shall pay the 
Commission such fines as may be prescribed under this Act. No such vessel shall be granted 
clearance from any port in the Philippines while such fines remain unpaid or while the validity thereof 
is being determined: Provided, that a clearance may be granted before such determination upon 
deposit of a sum or cash bond sufficient to cover such fines as approved by the Commissioner.  
 
SECTION 67. Duty to Report Desertion or Illegal Landing of Foreign Crewmember. – The 
Owner, operator, captain, master, pilot, agent, or consignee of any vessel shall immediately report, 
in 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. 
 
SECTION 68. Requirement for Submission of List of Newly Employed, Discharged, and 
Illegally Landed Foreign Crewmember. –Before 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, if any, who have been discharged; 
 
(c) 
The name of those who have deserted or illegally landed at that port, if any, and 
 
(d) 
Such other additional information as the Commissioner deems necessary. 
 
SECTION 69. Liability for Failure to Submit Complete, True, and Correct Report. – The 
owner, operator, captain, master, pilot, agent, or consignee who fails to submit a true and complete 
list or report of foreign nationals or to report cases of desertion or illegal landing shall pay to the 


Commission such sum as may be prescribed under this Act. No such vessel shall be granted 
clearance from any port in the Philippines while such fines remain unpaid or while the validity thereof 
is being determined: Provided, that clearance may be granted before such determination upon 
deposit of a sum or cash bond sufficient to cover such fines as approved by the Commissioner.  
 
CHAPTER 4 
EXCLUSIONS 
 
SECTION 70. Exclusion Grounds. – The following classes of foreign nationals 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 expected under existing laws, rules and regulations; 
 
2. Those who are found to be suffering from a mental disorder or associated behavior 
that may pose threat to persons or danger to property; 
 
3. Those who are found to be suffering from addiction to prohibited or regulated 
substances; 
 
 
(b) Economic Grounds 
 
 
1. Those likely to become a public charge; 
 
2. Those seeking entry to perform skilled or unskilled labor, without a permit from the 
Secretary of the Department of Labor and Employment as required by law; 
 
 
(c) 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 receive in whole or in part the proceeds of prostitution; 
 
4. Those who, at the time of primary inspection, by the Immigration Officer exhibit any 
obnoxious behavior, contempt, or disrespect for the said officer or any government 
official or Commission; 
 
 
(d) Criminal and Security Grounds 
 
 
1. Those who have been convicted of a crime involving moral turpitude or who admit to 
the limitation 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 that 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 admits 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 
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 the 
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 organization; 
 
7. Those who have been identified by competent authorities, local or foreign, as having 
engaged or are engaging in human trafficking and smuggling; 
 
8. Those who are under fifteen (15) years of age and unaccompanied by or not coming 
to a parent, except that they may be admitted in the discretion of the Commissioner, 
if otherwise admissible: Provided, that they present a written consent to travel from 
either parent citing the purpose thereof and affirmed by a Consular Officer; and 
 
9. Those who have been identified by competent authorities, local and foreign as having 
engaged or are engaging in the importation of contrabands and other prohibited 
articles into the country. 
 
SECTION 71. Temporary Custody of Excludable Foreign Nationals. – To ascertain whether 
a foreign national arriving in the Philippines belongs to any of the excludable classes of foreign 
nationals provided nationalist Act or related laws, the Immigration Officer, for a period not exceeding 
seventy-two (72) hours, may temporarily take them 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. 
 
SECTION 72. Finality of Exclusion Order. – An order by the Immigration Officer to exclude a 
foreign national who is excludable under Section 70 hereof is final and executory unless revoked by 
the Commissioner upon a timely appeal before the implementation of the exclusion order.  
 
SECTION 73. Authority to Waive Grounds for Exclusion. – Except for grounds of exclusion 
under Section 70(d), subparagraphs 1 to 7 and 9, the Commissioner may waive any of the grounds 
for exclusion mentioned therein. 
 
SECTION 74. The procedure of Removal and Cost Thereof. – Any foreign national arriving in 
the Philippines who is ordered excluded shall be immediately removed in the same accommodation 
to the country where he/she boarded the vessel on which he/she arrived unless the Commissioner 
determines that immediate removal is not proper and practicable. The cost of detention and other 
expenses incidental thereto shall be borne by the owner, operator, master, pilot, captain, agent, or 
consignee of the vessel on which he/she arrived. 
 
SECTION 75. Country Where Removed is to be Directed. – If the government of the country 
designated in the preceding section will not accept the foreign national into its territory, the removal 
of the foreign national shall be directed by the Commissioner's discretion and without necessarily 
giving preference, either to:  
 
 
(a) 
The Country in which he/she is a citizen or national; 
 
(b) 
The country of birth; 
 
(c) 
The country of the foreign national's habitual residence; or  
 
(d) 
The Country is willing to accept the foreign national into its territory if removal to any of 
the foregoing countries is impractical or impossible. 
 
SECTION 76. The 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 excluded and removed under Section 70 hereof in the same vessel 
or another vessel owned or operated by the same company; 
 
(b) 
Detain a foreign national on board any such vessel at the port of arrival when required by 
this Act or when so ordered by an Immigration Officer; 
 
(c) 
Deliver a foreign national for medical or other examinations when so ordered by such 
officer; 
 
(d) 
Remove a foreign 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 of a foreign national 
incurred while being detained as required by Section 74 of this Act or other costs necessary 
or incidental to his removal as provided in this Act. 
 
SECTION 77. Penalty for Non-compliance of Obligation. – The owner, operator, master, 
captain, pilot, agent, or consignee of a vessel who violated Section 76 hereof shall pay the fines 
prescribed under this Act. No such vessel 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 before such determination upon deposit of sum or cash bond sufficient 
to cover such fines as approved by the Commissioner. 
 
TITLE V 
DEPORTATION 
 
CHAPTER 1 
DEPORTABLE FOREIGN NATIONALS 
 
SECTION 78. Classes of Deportable Foreign Nationals. – The following foreign nationals shall 
be taken into custody upon the order of the Commissioner and deported upon recommendation by 
the Board of Special Inquiry and approval by the Board; 
 
 
(a) 
Those who entered the Philippines using false and misleading statements or documents, 
misrepresentations, or without inspection and admission by the immigration authorities; 
 
(b) 
Those who entered the Philippines who were not lawfully admissible at the time of entry; 
 
(c) 
Those who abet or aid in the practice of prostitution, including the owner or manager of a 
prostitution den, or are pedophiles; 
 
(d) 
Those who, at any time after the date of when he became a public charge; 
 
(e) 
Those who remain in the Philippines in violation of any period of limitation or condition 
under which they were admitted; 
 
(f) 
Those who believe in, advise, advocate or teach the overthrowing by force and violence of 
the Government of the Republic of the Philippines, or duly constituted authority, or those 
who do not believe in or are opposed to organized governments, or those who advise, 
advocate or teach the assault or assassination of public officials because of their office, or 
those who are advice, 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 with 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 which is punishable under Philippine penal laws and cognizable by the 
first-level courts; 


 
(j) 
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; 
 
(l) 
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 to satisfy or comply 
with the requirements of the Commission; 
 
(n) 
Those whose presence or activities in the country may result in adverse consequences to 
Philippine foreign policies as determined by the Secretary of Foreign Affairs; 
 
(o) 
Those who misrepresented themselves as Filipino citizens in all immigration matter; and 
 
(p) 
Those who commit any violation of the provisions of this Act, independent of any criminal 
activity which may be brought against them; Provided, however, that in the case of a 
foreign national who, for any reason, is convicted and sentenced to suffer both 
imprisonment and deportation, said foreign national shall first serve the entire period of 
the sentence before being deported.  
 
SECTION 79. Non-Prescription of Deportation Cases. – The right of the state to initiate at 
any time deportation proceedings shall not prescribe. 
 
SECTION 80. Nature of Deportation Proceedings. – Deportation proceedings shall be 
independent of any action that may be instituted against a foreign national: Provided, that no 
deportation orders shall be issued against foreign nationals facing preliminary investigation, 
prosecution, and trial before competent authorities. 
 
CHAPTER 2 
DEPORTATION OF FOREIGN NATIONALS 
 
SECTION 81. Formal Charge of Deportation. – A formal charge for deportation shall be issued 
upon determination of the existence of a Prima facie case against the foreign national. 
 
SECTION 82. Bail. – Pending final determination of the foreign national's deportation case, the 
foreign national shall, upon the discretion of the Commissioner: (a) remain under detention; or (b) 
be released on bail or recognizance. The bail may be revoked and confiscated in favor of the 
government if there is sufficient evidence that the foreign national is evading the proceedings or is 
attempting to abscond, in which case he/she shall be taken into custody and placed under detention 
by order of the Commissioner. 
 
SECTION 83. Custody of a Foreign National Convicted of a Felony or an Offense. – After 
service of the sentence or compliance with the conditions of parole or probation, as the case may 
be, the foreign national shall be taken into custody for immediate deportation by order of the Board. 
 
SECTION 84. 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 
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. 
 


SECTION 85. Period to Enforce Order of Deportation. – The order of deportation shall be 
enforced immediately but in no case shall exceed three (3) months from the date it has become 
final and executory. If deportation is not enforced within the prescribed period, the foreign national 
may be released on bail or recognizance. 
 
 
SECTION 86. Suspension of Deportation Order. – The Commissioner may suspend the 
implementation of the deportation order and order the release of the foreign national on bail or 
recognizance, taking into account the following factors: 
 
 
(a) 
Age, health, family, or conduct; 
 
(b) 
Period of detention; 
 
(c) 
Impact on national security and public welfare; 
 
(d) 
Unavailability of travel documents; 
 
(e) 
Existence of an application for refugee or statelessness status; or  
 
(f) 
Other humanitarian considerations. 
 
SECTION 87. Reinstatement of a Deportation Order. – A deportation order previously 
implemented against a foreign national who unlawfully re-entered the Philippines shall be deemed 
automatically reinstated and shall be implemented under this Act. This provision shall also apply to 
a foreign national who departed voluntarily under Section 84 hereof. 
 
 
SECTION 88. Country of Destination of a Deportee. – Except as provided for under 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. 
 
SECTION 89. Cost of Deportation. – The cost of deportation shall be borne by the owner, 
operator, captain, master, pilot, agent, or consignee of a vessel in case its foreign crewmember is 
to be deported for violation of Section 90 of this Act. In all other cases, the cost of deportation shall 
be borne by the deportee himself/herself, the concerned consular office, non-government 
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. 
 
SECTION 90. Liability of Owner, Operator, Captain, Master, Pilot, Agent, or Consignee 
of a Vessel. – Failure or refusal on the part of the owner, operator, captain, master, pilot, agent, 
or consignee of a vessel to take on board, guard the safety and transport the deportee to the foreign 
national's country of destination, or to shoulder the cost of deportation of the foreign crew member 
as provided in Section 89 hereof, shall be punished by an administrative penalty prescribed under 
this Act.  
 
SECTION 91. Expenses of Accompanying Person. – The Commissioner may, for security 
reasons or because of the mental or physical condition of the deportee, direct an employee of the 
Commission to accompany such deportee to the country of the person's destination, subject to the 
provisions of the immediately preceding sections. 
 
CHAPTER 3 
INDIGENT FOREIGN NATIONAL 
 
SECTION 92. Removal of Indigent Foreign National. – At any time after entry, the 
Commissioner may remove indigent foreign nationals from the Philippines to the country of which 
they are citizens or nationals, or country of birth, or country of residence, as the case may be. The 
cost of deportation may be charged against the available funds of the Commission. Any foreign 
national removed under this section shall be barred from re-admission except upon written 
authorization of the Board of Commissioners. 


 
This provision shall not apply to a foreign national declared as indigent by any Philippine court for 
purposes of filling a case or to pursue a cause of action in the individual's indigency until such action 
is resolved with finality: Provided, that no other grounds for deportation exist during the pendency 
of the same. 
 
TITLE VI 
MISCELLANEOUS PROVISIONS 
 
CHAPTER 1 
REGISTRATION OF FOREIGN NATIONALS 
 
SECTION 93. Requirement of Registration. – All foreign nationals shall register with the 
Commission or any Immigration Office nearest to the place of residence on or before the sixtieth 
(60th) day of his/her latest arrival in the Philippines.  
 
SECTION 94. Registration Form and Oath. – Registration applications shall be under oath and 
in such form as prescribed by the Commission. Upon registration, a certificate of registration shall 
be issued by the Commission to the registrant. In case of loss or destruction of the certificate, a 
replacement thereof may be issued by the Commission upon proper application and payment of 
prescribed fees.  
 
SECTION 95. Amendment of Registration. – All registered foreign nationals shall notify the 
Commission in writing of any change of information in the person's registration documents not later 
than seven (7) days thereof. 
 
SECTION 96. Presentation of Certificate of Registration. – Every foreign national required to 
register under this Act or the parent or guardian of such foreign national shall, upon demand of any 
person authorized by the Commissioner, present a certificate of registration of the individual, and 
failure to do so without justifiable cause shall be dealt with under the provisions of this Act. 
 
SECTION 97. Reportorial Requirements. – Every foreign national registers under this Act shall, 
within the first sixty (60) days of every calendar year, report in person to the Commission. The 
Commissioner may exempt the personal appearance of foreign nationals registered under this Act 
subject to certain requirements and conditions as may be prescribed in the rules and regulations for 
the purpose.  
 
SECTION 98. Failure to Comply with Requirements. – A foreign national, or the parent or 
guardian of the foreign national, as the case may be, who, without justifiable reason, fails to comply 
with all the requirements under this Act, or who files an application for registration containing 
statements known by the individual to be false, or who utilizes registration documents other than 
that of the individual, shall be dealt with under the provisions of this Act and other existing laws. 
 
SECTION 99. Cancellation of Registration of Foreign National. – In case of death of a foreign 
national registered under the provisions of this Act, the legal heir, representative, or administrator 
of the foreign national must inform the Commission within sixty (60) days from death and the 
Commission shall cancel such registration. The Local Civil Registrar or another civil registry officer 
of the locality were said foreign national died to furnish the Commission with a copy of the Certificate 
of Death within thirty (30) days from issuance thereof. Failure on the part of the persons concerned 
to comply with the requirements of this section shall be dealt with under the provisions of existing 
laws. 
 
CHAPTER 2 
BONDS AND DEPOSITS 
 


SECTION 100. Bonds, When Required. – The Commission shall have the authority to require 
cash bonds in such amounts and under such conditions as it may prescribe:  
 
(a) 
To control and regulate the admission into, and departure from, the Philippines of 
foreign nationals applying for temporary admission; 
(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 
deportation proceedings instituted against them. 
 
SECTION 101. Requirement of Cash Deposit for Overtime Services. – The Commission shall 
likewise have the authority to require a cash deposit in such amounts as may be necessary from the 
vessel's owner, operator, captain, master, pilot, agent, consignee or other persons served to cover 
payments for overtime services to be performed by officers and employees of the Commission. 
 
 
SECTION 102. Cancellation and Forfeiture of Bonds. – when the conditions of the bond are 
fulfilled, or in case of a bond posted to insure against a foreign national becoming a public charge 
when the Commissioner decides that the likelihood no longer exists, or death of the foreign national 
on whose behalf the bond is posted, the bond shall be canceled and released to the depositor or 
the legal representative of the foreign national. In case of violation of the conditions of the bond, 
the same shall be forfeited and deposited in a trust fund account which may be utilized for the 
purchase of passage tickets for removal of indigent foreign nationals and to cover the costs of 
operations in locating deportees who jump bail.  
 
CHAPTER 3 
RECOGNIZANCE 
 
SECTION 103. Petitions for recognizance, Sanction for Breach of Conditions. – The 
Commissioner may order the release of a foreign national upon recognizance of the individual's 
lawyer or a person who is of good standing in the community, under such terms and conditions as 
he/she may prescribe. 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 (P100,000.00), without prejudice to other administrative 
sanctions and/or proceedings against the erring party.  
 
CHAPTER 4 
COOPERATION AND COORDINATION WITH OTHER OFFICES 
 
SECTION 104. Working Cooperation with the Department of Foreign Affairs. – For 
purposes of efficient implementation and administration of this Act, the Commission shall maintain 
working cooperation with the Department of Foreign Affairs.  
 
SECTION 105. Working Cooperation with the Commission on Higher Education. – The 
Commission shall maintain working cooperation with the Commission on Higher Education 
concerning accreditation of schools and learning centers for enrolment of foreign students as 
authorized under this Act.  
 
SECTION 106. Coordination with Law Enforcement, Security, and Other Offices. – The 
Commissioner shall have authority to maintain coordination with the National Security Council, the 
Philippine National Police, and other law enforcement agencies of the government.  
 
CHAPTER 5 
FEES AND CHARGES 
 


SECTION 107. Authority of the Commissioner to Prescribe, Impose, and Collect fees. – 
The Commissioner is authorized to prescribe, impose and collect fees for services rendered under 
the provisions of this Act. 
 
CHAPTER 6 
ADMINISTRATIVE FINES AGAINST VESSELS 
 
SECTION 108. Fine for Failure to Submit Crew List or Passenger Manifest, or Failure to 
Account Every Passenger and Crew. – Any pilot, master, agent, owner, or consignee of a vessel 
arriving at any port in the Philippines from a place outside thereof who fails to submit to the 
immigration authorities a complete and accurate crew list or passenger manifest, or fails to produce 
or account every crewmember or passenger whose name appears in the said list or manifest shall 
be subject to fines of One hundred thousand pesos (P100,000.00) and fifty thousand pesos 
(P50,000.00) for each unaccounted person, respectively.  
 
SECTION 109. Fine for Violation of Obligation on the Landing or Removal of Foreign 
Nationals. – A pilot, master, agent, owner, or consignee of any vessel arriving at a port of the 
Philippines from a place outside thereof for having a foreign national on board in violation of this 
Act shall be fined not less than fifty thousand pesos (P50,000.00) but not more than two hundred 
thousand pesos (P200,000.00) for each act of violation consisting of: 
 
 
(a) 
Failure to prevent the landing of such foreign national in the Philippines at any time or 
place other than as designated by the immigration officer; 
 
(b) 
Refusal or failure to pay the cost of maintenance and other costs, as required by Section 
71 of this Act, of such foreign national when temporarily removed from the vessels for 
examination by order of the immigration officer; 
 
(c) 
Refusal to receive such foreign national on board for removal from the Philippines if the 
foreign national is excluded, or to pay the cost of removal, if by another vessel as required 
under Section 76 of this Act; 
 
(d) 
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 such costs. 
 
 
SECTION 110. Fine for Bringing Undocumented Foreign National, or Foreign National 
Afflicted with Communicable or Contagious Disease, or Suffering from Mental Disorder. 
– The pilot, master, agent, owner, or consignee of the vessel arriving at a port in the Philippines 
from a place outside thereof bringing on board an undocumented foreign national shall be fined 
One hundred thousand pesos (P100,000.00) for each foreign national. If the foreign national is 
afflicted with a communicable or contagious disease or is suffering from a 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. 
 
 
SECTION 111. Fine for Bringing a Foreign National to Assist His Illegal Entry or 
Misrepresenting a Foreign National as a Member of the Crew. – The pilot, master, agent, 
owner, or consignee of the vessel arriving at any port in the Philippines from a place outside thereof 
bringing on board a foreign national bound for the Philippines to assist the illegal entry of the foreign 
national, or misrepresenting the foreign national to the Immigration officer at the port of arrival as 
a bona fide member of the crew, shall be fined not less than One hundred thousand pesos 
(P100,000.00) but not more than Two hundred thousand pesos (P200,000.00) for each foreign 
national.  
 
SECTION 112. Fine for Violation of other Provisions of this Act. – The pilot, master, owner, 
or consignee of any vessel arriving at any of the Philippines from a place outside thereof who violated 
any other provision of this Act not specifically provided in this Chapter shall be fined not less than 


fifty thousand pesos (P50,000.00) but not more than two hundred thousand pesos (P200,000.00) 
for each violation. 
 
CHAPTER 7 
OTHER PENAL PROVISIONS 
 
 
SECTION 113. Other Prohibited Acts and Penalties Thereof. – Any person who shall commit 
any of the specified hereunder shall, upon conviction, suffer the penalty of prision correctional in its 
maximum period to prision mayor in its minimum period or a fine of less than one hundred thousand 
pesos (P100,000.00) but not more than five thousand pesos (P500,000.00) or both, at the discretion 
of the court: 
 
 
(a) 
Impersonates another individual, falsely appears in the name of a deceased individual or 
evades the immigration laws by using an assumed or fictitious name when applying for an 
immigration document; 
 
(b) 
Issue or otherwise disposes of an immigration document or an immigration accountable 
form, to any person not authorized by law to receive such documents; 
 
(c) 
Obtains, manufactures, prints, accepts, or uses any immigration or travel document 
knowing it to be false or uses immigration accountability that is not legally issued; 
 
 
(d) 
Enters the Philippines without inspection and admission by the immigration authorities, or 
obtains entry into the Philippines by fraud, misrepresentation, or concealment of material 
facts; 
 
(e) 
Misrepresents himself/herself to be a Philippine citizen; 
 
(f) 
Knowingly makes under oath any false statement regarding any immigration matter; or  
 
(g) 
Brings into, or lands in the Philippines, or conceals, harbors, employs, or gives comfort to 
any person not duly admitted by any Immigration Officer or not lawfully entitled to enter 
into or resides within the Philippines, or attempts, conspires with or aids another to commit 
any such acts. 
 
Where the offender of any acts specified in paragraph (g) of this section is a corporation, company, 
partnership, or other juridical entity, the president, general manager, managing partner, or chief 
executive officer thereof shall be held liable. Dismissal of the employee by the employer before or 
after apprehension shall not relieve such employer from any liability arising from the offense: 
Provided, That if the offender is the pilot, master, agent, owner, consignee or another person in 
charge of the vessel which brought the foreign national into the Philippines from any place outside 
thereof, the fine imposed under this section shall constitute a lien against the vessel which may be 
enforced in the same manner as fines are collected and enforced under existing laws. Such vessels 
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 instead 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. 
 
SECTION 114. Penalty for Non-compliance of Subpoena. – Any person who, having been 
duly served with a subpoena, fails to comply without valid and justifiable reasons shall, upon 
conviction, suffer the penalty of imprisonment of not more than fifteen (15) days or a fine of not 
more than One thousand pesos (P1,000.00), or both, at the discretion of the court.  
 
SECTION 115. Penalty for an Overstaying Crewmember. – Any foreign crewmember who 
willfully remains in the Philippines beyond the period allowed for temporary landing shall, upon 
conviction, suffer the penalty of imprisonment of six (6) months or a fine of not less than fifty 
thousand pesos (P50,000.00) but not more than one hundred thousand pesos (P100,000.00), or 
both, at the discretion of the court.  


 
SECTION 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 who shall violate or circumvent any provisions of 
this Act shall, upon conviction, suffer the maximum penalty for such offense as provided under this 
Act. 
 
CHAPTER 8 
UPGRADING OF COMPENSATION AND BENEFITS 
 
SECTION 117. Creation and Upgrading of Compensation. – The Basic monthly compensation 
of the following officials and employees of the Commission shall be as follows: 
 
 
 
Position 
 
 
 
 
Salary Grade 
 
 
 
 
 
 
 
From  
 
To 
 
Commissioner III 
 
 
 
  30 
 
 
30 
 
 
Deputy Commissioner III 
 
 
  29 
 
 
29 
 
Executive Director  
 
 
   - 
 
 
28 
 
Attorney V  
 
 
 
  25 
 
 
28 
 
Deputy Executive Director I  
   
  25 
 
 
27 
 
Chief Administrative Officer  
   
  24 
 
 
27 
 
Chief Immigration Officer  
 
  24 
 
 
27 
 
Intelligence Office V  
 
   
  24 
 
 
27 
 
Information Technology Officer III    
  24 
 
 
27 
 
Attorney IV  
 
 
 
  23 
 
 
27 
 
Attorney III  
 
 
 
  21 
 
 
26 
 
 Attorney II  
 
 
 
  18 
 
 
25 
 
Intelligence Office IV 
 
 
  22 
 
 
25 
 
 Supervising Immigration Officer 
 
  22 
 
 
25 
 
 Supervising Administrative Officer    
  22 
 
 
25 
 
 
Accountant III 
 
 
 
  19 
 
 
25 
 
Attorney I 
 
 
 
 
  16 
 
 
24 
 
 Senior Immigration Officer  
   
  19 
 
 
23 
 
Administrative Officer V 
 
   
  18 
 
 
23 
 
Border Control Officer  
 
 
   - 
 
 
22 
 
Intelligence Officer III 
 
 
  18 
 
 
21 
 
Immigration Officer III 
 
 
  16 
 
 
21 
 
Intelligence Officer II 
 
 
  15 
 
 
19 
 
Immigration Officer II 
 
 
  13 
 
 
19 
 
Immigration Officer I 
 
 
  11 
 
 
17 
 
Intelligence Officer I 
 
  
  11 
 
 
17 
 
 
On the recommendation of the Commissioner, the Board shall have the authority to recognize, 
upgrade, or otherwise make adjustments in the offices of the Commission as required by the 
implementation of this Act: Provided, that to the extent possible, the incumbent chiefs of sections 
or divisions whose offices are thus affected may be upgraded to positions of comparable rank in the 
reorganization; for the new division created under this Act, the Commissioner shall designate the 
chiefs thereof.  
 
CHAPTER 9 
TRANSITORY PROVISIONS 
 
SECTION 118. Interim Period. – The incumbent Commissioner and two Deputy Commissioners, 
if qualified under this Act, shall continue to discharge the functions of their position unless otherwise 


removed by the President. All personnel of the Bureau of Immigration shall continue to discharge 
the functions of their position. 
 
SECTION 119. Staffing Pattern and Salary Schedule. – To carry out the provisions of this Act, 
the Commissioner shall submit a new staffing pattern and salary schedule for personnel services to 
the Secretary of the Department of Budget and Management under Section 118 taking into account 
the Salary Standardization Law and other applicable laws under the National Compensation and 
Classification Plan. 
 
SECTION 120. Reorganization of the Commission. – Upon approval of this Act, all employees 
of the Bureau of Immigration covered by the civil service law and regulations shall continue to hold 
their present positions pending the reorganization of the Commission under 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 if the 
positions are abolished under the reorganization, the affected employees shall be retained. Provided, 
finally, That employees who have been dismissed for cause shall no longer qualify for any position 
in the Commission.  
 
SECTION 121. Inventory and Transfer of Properties, Accounts, Assets, Liabilities, and 
Obligations to the Commission. – All buildings, properties, equipment, facilities, accounts, other 
assets, liabilities, and other obligations as well as records of the Bureau of Immigration shall be 
properly inventoried and transferred to the Commission.  
 
SECTION 122. Treaty or Agreement. – Any treaty or agreement entered into between the 
Philippines and any foreign state before the effectivity of this Act shall remain in force and effect.  
 
SECTION 123. Pending Cases. – Any prosecution, suit, action, proceeding, or any act or matter, 
civil or criminal, pending at the time of the effectivity of this Act shall not be affected by the provision 
of this Act unless otherwise known applicable. 
 
CHAPTER 10 
ADMINISTRATION AND IMPLEMENTATION 
 
SECTION 124. Administration and Implementation Abroad. – The administration and 
implementation of this Act abroad, including the rules and regulations as well as specific visa policies 
or guidelines, shall be the responsibility of the Department of Foreign Affairs, with due notice to the 
Commission and other concerned agencies and/or offices.  
 
 
 
SECTION 125. Implementing Rules and Regulations. – The Commission, upon consultation 
with the Department of Foreign Affairs and other concerned agencies or offices and subject to the 
approval of the Secretary, shall promulgate the rules and regulations for the implementation of this 
Act within sixty (60) days from its effectivity. 
 
CHAPTER 11 
FINAL PROVISIONS 
 
SECTION 126. Separability Clause. – If any of the provisions of this Act is held invalid or 
unconstitutional the other provisions not affected thereby shall continue to be in force and effect.  
 
SECTION 127. Repealing Clause. – (a) Commonwealth Act No. 613, otherwise known as the 
"Philippine Immigration Act of 1940", as amended, and Republic Act No. 750, are hereby repealed; 
(b) All laws, presidential decrees, executive orders, proclamations, memorandum orders, 
instructions, rules, and regulations or parts thereof inconsistent with this Act are hereby amended 
or modified accordingly. 
 


SECTION 128. Effectivity Clause. – This Act shall take effect fifteen (15) days after its complete 
publication in the Official Gazette and in two (2) newspapers of general circulation.  
 
 
Approved,