Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 1454

Introduced by
REP. FELICIANO R. BELMONTE, JR. and REP. JESUS CRISPIN C. REMULLA

EXPLANATORY NOTE

One of the thrusts of the Aquino Administration as laid down in the roadmap of
the President's inaugural speech is to make our country attractive to investors by cutting
red tape dramatically and making the government an enabler, not a hindrance to
business as this is the means by which we can create jobs for our people. The
introduction of a legislation to repeal Commonwealth Act No. 613 otherwise known as
the Philippine Immigration Act of 1940 is a big step toward this direction.

Seventy (70) years since its passage into law, Commonwealth Act No. 613 has
gone through several piecemeal amendments and revisions but has remained
inadequate to meet the demands of the changing times. The bill intends to make the law
attuned to the complex realities we face today by creating a more effective immigration
enforcement agency and in so doing contribute to the development of the economy.

The proposed legislation seeks to reorganize the Bureau of Immigration
converting it into a Commission with expanded jurisdiction and streamlined powers and
functions to eliminate red tape and enhance efficiency and effectivity in the
bureaucracy. The bill is designed to strengthen the function of the Commission as the
gatekeeper and a primary economic agent taking into account the duty to safeguard our
national borders at the same time to foster investments making the country more
attractive to foreign tourists and investors which will help stimulate economic
development and job generation.

Specifically, it introduces major changes to the old systems and procedures of
immigration used in the country. Key features of the bill include the creation of more
visa categories and privileges to foreign investors to provide a friendly business
environment and attract more foreign investments into the country, the expansion of the
classification of disqualified aliens and the imposition of heavier penalties for aliens
involved in syndicated criminal activities to enhance national security and safety of our
people.

With the passage of this landmark legislation, the immigration agency will be
transformed into an institution that can be more responsive to current realities and can
strike a balance between protecting the people from the entry of undesirable aliens and
providing channels to benefit the country in terms of tourism and investment
opportunities.

In view of the foregoing premises, approval of this bill is earnestly sought

Be
REP. FI IANO R. BELMONTE, JR. REP. JESUS CRISPIN C. REMULLA



REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

FIFTEENTH CONGRESS
First Regular Session

1454

HOUSE BILL NO:

| Introduced by ,
REP. FELICIANO R. BELMONTE, JR. and REP. JESUS CRISPIN C. REMULLA

PHILIPPINE IMMIGRATION ACT OF 2010

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

TITLE |
GENERAL PROVISIONS

SECTION 1. Title of the Act. — This Act shall be known as the "Philippine
Immigration Act of 2010".

SEC. 2. Declaration of Policy. — \n relation to other states, the Philippines shall
give paramount consideration to: national: sovereignty, territorial integrity, national
‘security, national interest, and the right to self-determination, 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 in the
promotion of domestic and international interests of the Philippines, in recognition of:

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

(b) The need for increased technological and scientific development,


20

ai

2

2B

(c) Promotion of conditions for social welfare and economic security of the people;

(4) Compliance with obligations and standards set by intemational law in the
admission or exclusion of foreign nationals;

(e) Promoting intemational order’ and justice by 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) Modemization of structures and mechanisms necessary for the administration of
immigration laws in keeping with the changing demands of the country’s role in the global
community; and

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

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

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

(b) “Board” refers to the Board of Commissioners;

(©) “Border Control Officer’ refers: to any person tasked to man the border
control station as provided under Section 26 of this Act;

(4) “Captain” refers to the master of a vessel or pilot of an aircraft;

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

() “Citizen" refers to any person who is a citizen of the Philippines under Section
4, Article IV of the Constitution of the Republic of the Philippines;

(g) “Commission” refers to the Commission on Immigration;


20

a

2

23

4

(nh) “Commissioner and “Deputy Commissioner” refer 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 detention of a foreigner after it has been
determined that a probable cause exists that he/She committed acts and/or omissions in
violation of Philippine immigration laws, rules and regulations, or during the pendency of
deportation case against such foreigner: Provided, That such detention shall not exceed
three (3) months, unless there exists other legal grounds for continued detention;

() “Consular officer" refers to any consular, diplomatic, or other officer of the
Government of the Philippines who has been duly granted a consular commission for the
purpose of issuing visas under this Act;

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

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

(m) "Foreigner" or “Foreign National” refers to any person not a citizen of the
Philippines; i

(n) “Hold Departure Order refers. to (1) a directive that commands the
Commissioner to prevent a foreigner from leaving the territorial jurisdiction of the

Philippines in cases of grant of bail and recognizance pending implementation of


22

23

4
Summary Deportation Order, or (2) an order implementing a directive from the President,
the Senate, the House of Representatives, the Department of Justice (DOJ), Regional
Trial Courts, Sandiganbayan, and appellate courts to prevent a person from leaving the
Philippines to any place outside thereof,

(0) "Husband" and/or “Wife” refer(s) to those regarded as such by the laws of
the country of which they are nationals but shall not include husband or wife by reason of
proxy or “picture marriage”;

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

(@) “Immigration laws" refers to this’Act'and any other law presently existing or
which may hereafter be enacted relating to movement of natural persons to and from the
Philippines, and their exclusion, interception, deportation and repatriation;

(©) “Immigration Officer refers to any person'appointed under Section 28 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,

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

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

(u) “Non-refoulement” means:a principle of intemational law which prohibits the
forced retum of a refugee to the state or territory where his/her life or liberty would be

threatened;


20

21

2

23

(v) "Passport" means a document issued by the Philippine government to its
citizens requesting other govemments to allow its citizens to pass safely and freely, and
in case of need to give him all lawful aid and protection;

(w) "Person" refers to natural and juridical person such as partnerships,
corporations, companies, and associations;

(%) "Port of entry" refers to any port designated by competent authority in
accordance with law through which a foreigner may apply to the Immigration Officer
thereat for admission into the Philippines;

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

(2) “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 his/her 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 his/her former habitual residence, is
unable or, owing to such fear, is unwilling to retum to it;

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

(bb) "Secretary" refers to the’ Secretary of the Department of Justice;

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

(dd) “Travel document" refers to a certification or identifying document containing
the description and other personal circumstances of its bearer, issued for direct travel to
and from the Philippines valid for short periods or a particular trip. It is issued only to

Persons whose claim to Philippine citizenship is doubtful or who fall under the category


21

2

23

6

enumerated in Section 13 of Republic Act No. 8239, otherwise known as “The Philippine
Passport Act of 1996";

(ce) "Vesset" refers to all means of conveyances, whether aircraft or sea craft;

(ff) “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 foreigners by the
Commissioner or the Board under this Act; and

(99) ‘Watchlist Order’ refers to an order issued by the Commissioner under
Section 7 (c) (4) of this Act that requires immigration personnel to monitor and/or prevent
the departure of any person for a period of fifteen (15) days, extendible for another fifteen
(15) days, and to notify concemed, government or, law enforcement agencies, when
hismer presence is required in criminal or legislative proceedings, or he/she poses or

i :

may pose a threat to national security, public health or public safety.

TILE
COMMISSION ON IMMIGRATION
CHAPTER 1
‘THE COMMISSION
SEC. 4. Creation. — The Commission on Immigration is hereby created. It shall
be principally responsible for the administration and enforcement of this Act, and the
implementation of all laws, rules, regulations or orders of any competent authority

conceming the entry and admission into, stay in, and the departure from the Philippines


of all persons. The Commission shall be under the general supervision of the Department
of Justice.

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

CHAPTER 2
‘THE COMMISSIONER

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

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

(@) Supervise, direct arid coordinate the overall operations of the Commission;

(b) Appoint, and exercise control and supervision over, the officers and
personnel of the commission, subject to existing civil service laws, rules and regulations;

(©) _ Issue, (1) letter orders after determination of the existence of probable

cause; (2) commitment or release orders; (3) warrant of deportation; (4) watchlist orders;


2B

24

(5) hold departure orders; (6) allow entry or departure orders; (7) blacklist orders; and (8)
orders implementing watchlist orders issued by the Department of Justice;

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

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

(f) Act on petitions for declaration of indigency;

(9) | 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; :

() Participate as member of the Special Committee on Naturalization pursuant
to Section 6 of Republic Act No. 9139 otherwise known as “The Administrative
Naturalization Law of 2000”; ; ‘

() 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";

(k) Issue Certificate of Identification to foreigners who have obtained Filipino
citizenship;

() Issue letter orders and permits to cary firearms, ammunition and
communications equipment to authorized immigration operatives for use in enforcement
‘operations and in the execution of warrants: Provided, That such firearms are owned and

issued by the Commission;


20

aa

22

2B

24

(m) Inspect the documents, premises and records of persons covered by this
Act;

(n)  Deputize any official or employee of the national govemment and local
govemment units, including uniformed personnel of the Armed Forces of the Philippines,
the Philippine National Police and the Philippine Coast Guard to perform immigration
duties and functions subject to the concurrence of the Board;

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

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

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

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

(s) Submit to the President and Congress, annually or as may be directed, a
report on the: (1) number and status of foreigners in the Philippines; (2) foreigners
admitted or granted change of status as. permanent residents; (3) foreigners who have
been excluded or deported from the Philippines; (4) estimated number of illegal

foreigners in the Philippines in each calendar year and actions taken to arrest them, by


20

21

2

23

24

nationality grouping, for each region in the Philippines; and (5) such other transactions of
the Commission; . :

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

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

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

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

CHAPTER 3
THE DEPUTY.COMMISSIONERS

SEC. 8. Appointment and Rank of Deputy Commissioners. — There shall be

four (4) Deputy Commissioners who shall be appointed by the President. They shall
have the same rank, salary and privileges of an Assistant Secretary of a Department

SEC. 9. Duties of Deputy Commissioners. — \n addition to their duties as
members of the Board, the Deputy Sitrissioners aijall ewercios addtional powers,
subject to the approval of and as may be assigned by the Board, in the following areas of
concem as:

a. Deputy Commissioner for Administration, Finance, Planning, Legal and

Information and Communications Technology;
b. Deputy Commissioner for Regional Operations, Registration, Immigration
Regulation and Visa and Special Permit;
c, Deputy Commissioner for Intelligence, Enforcement, Fraud Prevention and

Complaint and Prosecution; and


d. Deputy Commissioner for Intemational Policies, Cooperation and Social
Integration.
“CHAPTER 4
THE BOARD OF COMMISSIONERS
SEC. 10. Powers and Functions of the Board.— The Board shall have the
following powers and functions:
(a) Decide on deportation cases;
(b) Act on appeals on decisions promulgated by immigration hearing officers;
(c) Act on applications or recommendations for revocation of immigration status;
(d) Act on applications for recognition of Philippine citizenship by reason of birth or
marriage;
(e) Decide on applications for legalization of residence in accordance with law;
(f) Prescribe and promulgate rules of proceedings before it;
(g) Cite and punish for contempt any person in accordance with the Rules of Court;
(h) Prepare and publish operations manual and rules of procedure, including
schedule of fees, for all transactions entered into by the Commission with the public;
(i) Formulate policies, directives, programs and projects of the Commission; and
() Perform such other powers and functions as provided by existing laws, rules
and regulations not inconsistent with any of the provisions of this Act.
SEC. 11. Decisions of the Board. - \n 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 Office of the President


20

au

2

2B

24

within fifteen (15) days from receipt thereof, whose decision shall be final and executory
unless stayed by an order of the Court of Appeals. The appeal shall stay the execution of
the decision appealed from unless the Board, in the interest of national security andor
public safety, directs its execution pending appeal.

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

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

SEC.14. Board Secretary. ~ The Board shall be assisted by a Board
Secretary who shall be appointed by the Commissioner. He/she must be a member of
the Philippine Bar in good standing for at least three (3) years prior to his/her
appointment. He/she shall keep a docket book for deportation cases, applications for
revocation of immigration status, applications for recognition of Philippine citizenship by

reason of birth or marriage, applications for legalization of residence and applications for

refugee status.
CHAPTER 5
THE EXECUTIVE DIRECTOR
SEC.15. Appointment and Tenure - There shall be an Executive Director of

the Commission who shall be appointed by the Secretary upon the recommendation of

the Commissioner, and whose term shall be co-terminous with the Commissioner. He/she


aa

2

23

24

must be a natural-bom citizen of the Philippines, at least thirty (30) years of age and a

member of the Philippine Bar in good standing for at least five (6) years prior to his/her

appointment.
SEC. 16. Powers and Duties. - The Executive Director shall:
(2) Advise and assist the Commissioner in the formulation and implementation
of the objectives, policies, plans and programs of the Commission;
(b) Oversee all the operational activities of the Commission;
(©) Coordinate the programs and projects of the Commission and be
responsible for its economical, efficient and effective administration;
(4) Administer oaths in’ connection’ with all matters relating to the business of
the Commission; and ;
() _ Perform such other duties as may be assigned by the Commissioner.
CHAPTER 6
THE BOARD OF SPECIAL INQUIRY
SEC. 17. Constitution of Boards of Special inquiry. There shall be constituted as
many Boards of Special Inquiry 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
Board shall be designated according to their areas of specialization to be
determined by the Board
SEC. 18. Appointment and , Qualification of the Chairpersons and
Members of the Boards of Special Inquiry. - The Chairpersons and members of the
Boards of Special Inquiry shall be appointed by the Commissioner, all of whom shall be
natural-bom 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


4

Practice of law for at least three (3) years. They’ shall hold office during good behavior,
unless sooner removed for cause. :

SEC.19. Powers and Functions of the Boards of Special Inquiry. - The
Boards of Special Inquiry shall: ,

(a) Administer oaths;

(b) Cite and punish for contempt in accordance with the Rules of Court;

(©) Issue subpoena in cases being heard by the Board of Special Inquiry;

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

(€) Exercise exclusive original authority to hear and recommend to the Board for
final resolution the following cases:

(1) Deportation;

(2) Applications for revocation of immigration status;

(3) Applications for recognition of Philippine citizenship by reason of

birth or marriage;

(4). Applications for legalization of residence in accordance with law;

(5) Application for issuance of visa for stateless person; and
(Perform such other duties and functions as may be directed by the

Commissioner.

SEC.20. Proceedings Before the Boards of Special Inquiry. - The
proceedings before the Boards of Special Inquiry shall be public and recorded. In all
cases, the Boards of Special Inquiry shall meet and act as a collegial body. Only
members of the Philippine Bar in good standing shall appear for and in behalf of any

party before the Boards of Special Inquiry.


20

21

2

2B

24

15

SEC.21. Resolutions of the Boards of Special Inquiry. ~ Cases before the
Boards of Special Inquiry shall be resolved within five (5) working days from the date the
same are submitted for resolution. Said resolution shall be submitted immediately to the
Board for action.

CHAPTER 7

DIVISIONS OF THE COMMISSION

SEC. 22. 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.

SEC. 23. 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 wae standing, and must have been engaged in the
practice of law for at least three (3) years. The Director for Finance Division shall be a
Certified Public Accountant in good standing for at least three (3) years.

SEC. 24. Duties and Functions of the, Divisions and Other Operating

Offices. — The different divisions and other operating offices of the Commission shall


20

2

2

2B

24

16

operate in accordance with their respective duties and functions as defined by the
Commissioner, subject to the reqiifements of efficiency, economy, transparency,
accountability and effectiveness, and pertinent budget and civil service laws, rules and
regulations.
CHAPTER 8
[REGIONAL OFFICES

SEC. 25. Field Offices of the Commission. — The Commission shall operate
and maintain a Regional Immigration Office in each of the administrative regions
including the National Capital Region.

The Regional Immigration Offices of the Commission shall each be headed by a
Regional Immigration Officer, all of whom shall be appointed by the Secretary upon the
recommendation of the Commissioner.

SEC. 26. Changes in the Composition, Distribution of Assignment of
Regional Offices. - The Commissioner may make changes in the composition,
distribution and assignment of Regional Offices; as well as its personnel, based’ on the
demographics of the Philippines’ foreigner population and as the exigency of the service
requires. 7

SEC. 27. Immigration Officers. — The position of Immigration Officer is hereby
created. No person shall be appointed to the position of Immigration Officer unless he 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, foreigners at the port of entry conceming their admissibility to enter and their

qualifications to remain in the Philippines;


1

7

(b) Exclude foreign nationals not properly documented, and to 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 to arrest without warrant any foreigner who in
his presence or view is entering or is about to enter the Philippines in violation of
immigration and related laws, rules and regulations;

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

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

SEC. 28. Designation of Employees. - The Commissioner may designate, in
accordance with civil service laws, rules arid regulations, any competent and qualified
employee of the Commission, to act as immigration officer or assign any employee to
other offices within the Commission and/or assign him/her additional or other duties as.
the best interest or exigency of the service may require.

SEC. 29. Assignment of Employees to do Overtime Work. — The Commissioner
may assign immigration employees to do overtime work or services pursuant to rules and
regulations to be prescribed and at the rates fixed by the Commissioner when the work or
service to be rendered is to be paid by the airline, shipping companies or other persons
served.

SEC. 30. Deployment of Immigration Personne! Abroad. - Within ninety (90)
days from the effectivity of this Act, the Department of Foreign Affairs and the

Commission shall enter into a Memoraridum of Agreement pertinent to the assignment.


18

and deployment of immigration personnel to select consular posts abroad who shall
Perform immigration duties, except diplomatic and consular functions.

SEC. 31. Manning Levels - On the average, the manning levels of immigration
officers of the Commission nationwide shall be in accordance with the number of arrivals
in each port of entry as determined by the Board: Provided, That the number of
employees, as provided in the staffing pattem in accordance with Section 130 of the Act,
shall not be decreased.

CHAPTER 9
BORDER CONTROL STATIONS

SEC. 32. Border Control Stations - There shall be established Border Control
Stations which shall be manned by Border ‘Control Officers appointed by the
Commissioner. They shall be under the supervision of the Immigration Regulation
Division and their duties and responsibilities shall be determined by the Commissioner.

SEC. 33. Areas of the Border Control Stations - The Border Control Stations
shall be placed in specific areas in the Philippines which shall be determined by the
Board. ;

TITLE
IMMIGRATION

CHAPTER 1 - NON-IMMIGRANTS,
SEC. 34. Categories of Non-immigrants and Types of Visa Issued.- Foreign

nationals departing from any place outside the Philippines who are otherwise admissible


20

2

22

and who qualify under any oné of the following categories may be admitted as non-
immigrants: ‘

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

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

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

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

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

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

(d) Treaty Traders (D-1 Visa) and Treaty Investors (D-2 Visa): Citizens and their
family members from a country that has a trade treaty with the Philippines and coming to
work in the Philippines for either a company they own or one that is at least fifty percent

(50%) owned by nationals of their home country and which company is engaged in


23

24

‘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 4 D-2 visa: -

(e) Accredited Foreign Government Officials, Their Families and Attendants (E
Visas): Foreign goverment officials, their families and attendants coming to the country
for official purpose, pursuant to international conventions and bilateral agreements, shall
be granted E Visas divided into three (3) types, namely:

1. Persons entitled to E-1 Visa: The E-1 Visa shall be issued to persons
enjoying diplomatic immunities and privileges, particularly the following
classes of foreign atonal:

a. Heads of the State and Heads of Government and their personal
representatives;

b. Members of reigning royal families recognized by the Philippine
Govemment; :

c. Govemors-General, ; Govemors, and High Commissioners of
dependent territories and their personal representatives;

d. Cabinet ministers and their deputies and officials with cabinet rank of
ministers;

e. Presiding officers of national legislative bodies;

Justices or judges of the highest national judicial bodies;


0.

2

Diplomats and career ‘consular officials;

|. Diplomatic couriers regularly and professionally employed as such;

|. Military, naval, air and other attaches assigned to a diplomatic

mission;

|. All members of official special missions of a diplomatic character,

Officials of international organizations bearing diplomatic passports

when traveling on official business;

|. Representatives of international organizations who have diplomatic

status and bearing diplomatic passports issued by their governments;

. Members of delegations proceeding to or from an international

conference of an official or diplomatic nature;

. Accompanying spouses and untharried minor children of foreigners

within the abovementioned categories; and

‘Such other officials going to the Philippines on diplomatic missions.

2. Persons entitled to E-2 Visa: The E-2. visa shall be issued to any other

person not included in the foregoing list, who is an officer of a foreign

government recognized by the Philippines, is a national of the country

whose goverment he represents, and is proceeding to the Philippines in

connection with official business for his/her government.

This category includes, inter alia, the members of the staff of a

diplomatic mission or consular post, the staff of international organizations,

and official students or participants in programs under the auspices of the

Philippine Government or recognized international institutions.


2

The family members of the above-mentioned persons shall also be
issued E-2 Visa.
3. Persons entitled to E-3 Visa: The E-3 Visa shall be issued to the members
of the household, the attendants, servants and employees of persone to
whom E-1 and E-2 visas have been granted; ,

(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 for such foreign students by the Commission on Higher
Education in collaboration with the Commission. Their collaboration shall include 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;

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

() Representatives of Intemational Organizations and Government Agencies (I

Visa): Officials, principal representatives and foreign workers of accredited intemational


20

a

2

23

B

organizations as well as missions, including their family members, staff and servants. The
term “accredited intemational organization” includes any public international organization
in the activities of which the Philippines participates pursuant to any treaty or under the
authority of any act of the Congress of the’ Philippines authorizing such participation or
making an appropriation for such participation and such other international organizations,
institutions, agencies, programs, foundations and entities which are recognized by the
government of the Republic of the Philippines, including those existing and already
recognized as such at the time of the effectivity of this Act. The term “staff” includes the
employees of persons to whom the E-3 visa has been granted;

() Media Workers (J Visa): Foreign media personnel or correspondents, duly
accredited by the government agency concemed, 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; ° J

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

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

Prescribe, shall be issued L-2 Visa; and


20

2

22

2B

24

24

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

SEC 34-A. Visa Policy. — The policies governing the issuance, extension,
renewal and conversion of visas referred’ to in Section 33 hereof shall be jointly
formulated by the Commission and the Department of Foreign Affairs (DFA) and, when
appropriate, the Commission and the DFA shall consult with the concemed government
agencies or offices relative thereto.

Any visa policy or guidelines to be implemented abroad shall be done by the DFA,
with due notice to the Commission and other concemed agencies and/or offices.

SEC. 34-B. Visa Issuance Overseas.- All non-immigrant visas issued outside of
the Philippines shall be done by. Consular Officers of the DFA duly assigned at
Philippines posts abroad. Immigrant visas, whenever issued abroad, shall be done by the
Consular Officers upon the approval of the Commission through the DFA.

CHAPTER 2
IMMIGRANTS

SEC. 35. Quota Immigrants. — Subject to conditions set forth in this Act, there
May be admitted into the Philippines, immigrants, otherwise known as “quota immigrants’,
not to exceed two hundred (200) of any one nationality based on immigration reciprocity
for any one calendar year and upon allotment by the Commissioner of the corresponding

quota number. In the allotment of quota numbers, the following order of preference 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. :

SEC 36. Allotment of Quota. — The Commissioner shall, with respect to the first
preference, allot not more than fifty percent (50%) of the annual quota allotment up to the
end of June each year: Provided, however, That if the fifty percent (50%) is not utilized by
the first preference, the balance thereof shal be given to the second, third, and fourth
preferences in accordance with Section 34 of this Act. Any unused quota allotment for a
calendar year cannot be carried over and utilized for the ensuing calendar year.

SEC. 37. Basis in Determination of Quota Allotment. — The nationality of an
immigrant whose admission is subject to the numerical limitation imposed by Section 34
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


20

21

2

23

24

26

national or citizen, his/her nationality shall be that of the country in which he/she files
hishher application for a visa to enter the Philippines.

‘SEC. 38. Non-Quota Immigrants. — The following immigrants, known as “non-
quota immigrants”, may be admitted without regard to numerical limitation and immigration
reciprocity:

(@) 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;

(©) A child bom 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;

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

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

() A natural-bom citizen who becomes a naturalized citizen of a foreign country
and is retuming to the Philippines for permanent residence therein, including his/her
‘spouse and minor children accompanying or following to join him/her, except the one who
has re-acquired or retained his/her Philippine citizenship pursuant to Republic Act No.
9225. ‘


20

21

2

23

a

SEC. 39. Status of Children Bom to Foreign Nationals. — (a) A child bom in the
Philippines to parents who are foreign nationals and lawful residents of the Philippines
shall be deemed a native-bom permanent resident. (b) A child bor to parents who are
both non-immigrants shall be deemed a native-born non-immigrant or temporary resident
and may remain in the Philippines only during the period of authorized stay of the
parents, unless he/she reaches the age of eighteen (18) years while continuously
residing in the Philippines, in which case he/she may apply for naturalization
under existing laws or for an appropriate visa.

CHAPTER 3
ADJUSTMENT OF STATUS

SEC. 40. Conditions for Adjustment of Status of Foreign Nationals. — The
status of a foreign national admitted into the Philippines as non-immigrant may be
adjusted by the Board to that of a foreigner lawfully admitted as a permanent resident if:
(a) the foreigner makes an application for stich adjustment; (b) the foreigner is eligible to
receive a quota or non-quota immigrant visa and is admissible to the Philippines as a
permanent resident: and (c) a quota immigrant visa, if such is the case, is immediately
available to him/her at the time of his/her application, without the need of first departing
from the Philippines. In all such cases, the personal appearance of the foreigner shall be
required during the consideration of his/her application.

SEC. 41. 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

lendar year in accordance with Section 34 of this Act.


20

a

22

23

24

28

SEC. 42. Adjustment of Status, When Not Allowed. — Adjustment of status
under Section 34 of this Act shall not be applicable to (a) a foreign crewman, (b) a foreign
National who has violated or is in violation of immigration laws, rules and regulations
unless the same is through no fault of his/her own or for purely technical reasons, (c) a
foreign national admitted as a temporary visitor without visa, and (d) transients.

CHAPTER 4
DOCUMENTATION AND ADMISSION OF NON-IMMIGRANTS.

SEC. 43. 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 to or other travel documents
showing their nationality and identity as prescribed by regulations and a valid visa
granted by the Philippine Consular Officer, if required under existing laws, rules,
regulations, or mult-lateral or bilateral agreements,

SEC. 44. 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 33 of this Act shall not exceed two (2) months from the date of arrival.
Extensions of authorized stay may be granted under terms and conditions as may be
prescribed by the Commissioner: Provided, That the total period of authorized stay shall
not exceed twenty-four (24) months: Provided further, That during the foreign national’s
authorized stay: (a) he/she shall not take any employment, whether paid or unpaid; (b)
he/she shall not establish or join’in any business; or (c) he/she shall not enroll and
become a student at a school, college, university, academy, or other educational
institution, unless he/she is granted, upon, proper application, a conversion to another

immigration status provided under this Act.


WW

12

13

14

15

19

20

2

2B

24

29

SEC. 45. Conditions for Issuance of Pre-arranged Visas. — A foreigner who is
coming to the Philippines for prearranged employment shall not be issued a non-
immigrant visa referred to in Section 33 (g) until the Consular Officer shall have received
authorization for the issuance of the samie. Such authorization shall be given only upon
the filing of @ 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 his/her admission would be beneficial to the public interest
The petition shall be under oath by the prospective employer or his/her representative in
the form and manner prescribed by the Board.

If the Board finds that the petition complies with the requirements of the preceding
Paragraph and of other regulations, it shall grant the petition and shall promptly transmit
the authorization to the Department of Foreign Affairs and/or the Consular Office
concemed. :

SEC. 46. Submission of Crew List and Passenger Manifest to the
Commission. - Simultaneous to the vessel's: departure from the port of origin, the
master, captain, agent, owner or consignee of any commercial vessel arriving to the
Philippines shall submit to the Commission, within a reasonable time prior to such arrival,
the crew lists, passenger manifests and such other information concerning the persons
armiving on such a vessel. In the ‘same manner and condition, the master, captain, agent,
‘owner or consignee of any commercial vessel departing from any port in the Philippines
shall submit to the Commission, within a reasonable time prior to such departure, the
crew list, passenger manifest and such other information conceming the persons
departing on such vessel. The crew list-of an incoming sea craft shall be duly visaed by

the appropriate Consular Officer.


30

SEC. 47. Inspection of Crewmembers. — It shall be the duty of the master,
captain, agent, owner or consignee of any vessel arriving in the Philippines to have
available on board, for inspection by the Immigration Officer, any foreign crewmember
employed on such vessel and to detain such crewmember on board after inspection and
to remove such crewmember when required by the immigration authorities. No
crewmember on board such vessel shall be discharged while the vessel is in port without
the permission of the Commissioner. .

SEC. 48. 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 5
REFUGEE STATUS

SEC. 49. Grant of Refugee Status. — Persons seeking refugee status may apply
for recognition as a refugee upon seeking admission at any port of entry or within a
reasonable time thereafter. Refugee status shall be granted after a determination by the
Board that an applicant meets the qualifications of a refugee as defined in Section 3(z)
hereof. Refugee status shall not be granted to an applicant if he/she:

(a) has committed a crime against peace, a war crime, crime against humanity or
any other crime under intemational law;

(b) has committed a serious non-political crime outside the Philippines prior to his

admission as a refugee; or


20

2

2

2B

24

31

(c) has been guilty of an act contrary to the purposes and principles of the United
Nations.

SEC. 50. Cessation of Refugee Status. ~'Refugee status granted under the
previous section shall cease if a refugee:

(a) Voluntarily repatriates himseltinerself or has re-established himself/herself in
another State; '

(b) Acquired a new nationality and’enjoys the protection of such a State; or

(c) Can no longer continue to refuse to avail the protection of the country of his/her
nationality or, not having a nationality, is able to return to the country of former habitual
residence in view of the cessation of the reasons that resulted to his/her being a refugee:
Provided, That this ground shall not apply if a refugee is able to invoke compelling
reasons arising out of the previous persecution.

SEC. 51. Effect of Grant of Refugee Status to Refugee Dependents. — A
‘spouse, minor child, and other dependents of a foreigner who is granted a refugee status
may, if not otherwise eligible under Section 48, be granted the same status as the refugee
to assure family unity or when it is in the public interest.

SEC. 52. Confidentiality of Information. — In proceedings for the recognition of
refugee status, the confidentiality of information shall be respected and no information
relating to the refugee shall be shared with the country of origin, directly or indirectly.

SEC. 53. Burden of Proof. - in proceedings for the recognition of refugee status,
the burden of proof lies with the applicant, subject to the principle of non-refoulment.

SEC. 54, Stay of Exclusion or Deportation. — Notwithstanding the provisions of
Sections 78 and 86, the exclusion from entry and deportation of a foreigner shall be

stayed during the pendency of an application for refugee status. Where grounds under


20

21

2

2B

24

32

Section 78 are present, the refugee shall be allowed entry and the application shall be
immediately referred by the Immigration Officer to the Board.

SEC. 55. Detention of Refugee. — Detention of applicants for refugee status shall
only be resorted to in cases arising out of illegal entry or unauthorized stay after
consideration of other altematives, as may be determined by the Commissioner.

CHAPTER 6
DOCUMENTATION AND ADMISSION OF IMMIGRANTS

SEC. 56. Documentary Requirements of Immigrants; Instances When Not
Required. — immigrants must present for admission into the Philippines valid passports
or travel documents issued by the govemment of the country to which they owe
allegiance, showing their nationality and identity and valid visas issued by the Consular
Officer indicating the date of issue and the period of validity thereof. Immigrant visas shall
not be required of the following: ,

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

(b) A child bom during the temporary visit abroad of the mother who is a lawful
permanent resident of the Philippines and a holder of a valid reentry permit, if the child is
accompanied by either parent within five (6) years from the date of the child's birth; and

(©) A foreigner who is retuming to an unrelinquished lawful permanent residence in
the Philippines after a temporary residence abroad and presents for admission. a valid
reentry permit.

Chapter 7— Visa Issuance
SEC. 57. Nature of Visa. — Nothing in this Act shall be construed to automatically

entitie any foreign national to whom a visa or other travel document has been issued to


33

enter the Philippines if, upon arrival at a port of entry, he/she is found to be inadmissible
under this Act or any other law. ,
SEC. 58. Requirement of Issuance of Visa. - Under the conditions and subject to
the limitations prescribed in this Act or regulations issued hereunder, the Commissioner
may approve the issuance of an immigrant visa upon the recommendation of a Consular
Officer in the following manner: ,
(2) An 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 foreigner is classified, the date on which the validity of the visa

shall expire, and such additional information as may be required.

(©) The Department of Foreign Affairs, through its Consular Office abroad and
through the Office of the Visa Director, shall approve the issuance of a non-immigrant
visa to a foreign national who has made a proper application therefor in accordance with

Section 33 of this Act. ,

All diplomatic visas under Section 33 (e) of this Act shall be exclusively issued by
the Department of Foreign Affairs in accordance with the Vienna Convention on

Diplomatic Relations.

All other non-immigrant visas under Section 33 shall be issued by the Consular
Officer, when the application is made abroad, or may be issued by the Office of the Visa

Director, when the application is made in the Philippines for conversion or renewal


2

23

34

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

SEC. 59. Requirements for Physical and/or Mental Examination Prior to
Issuance of Immigrant Visa. - Prior to the issuance of an immigrant visa to any foreign
national, the Consular Officer shall: require such person to submit to a physical and
mental examination in accordance with such regulations as may be prescribed by the
Commissioner. In addition, said foreign national shall be required to personally plant fity
(60) trees, except when he/she is physically incapable of doing so, in which case, he/she
may cause another person to plant the trees.. 5

SEC. 60. Validity of Visa. — A:non-immigrant or immigrant visa issued by a
Consular Officer abroad pursuant to Section 57 of this Act shall be valid for a period not
exceeding six (6) months. In prescribing the period of validity of a non-immigrant visa, the
Consular Officer shall, insofar as practicable, accord to such nationals the same
treatment on a reciprocal basis as such foreign country accords 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
foreigner 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

SEC. 61. Denial of Visa, Grounds Thereof. — The Consular Officer may deny

the application for visa (a) if it appears from the statements in the application or in the


35

documents submitted the applicant is not entitied to a visa under this Act; or (b) if he/she
fails to comply with the requirements of the provisions of this Act.

SEC. 62. Revocation of Visa Issued by Consular Officer. — The Commissioner
may, for valid cause and upon confirmation of the Secretary of Foreign Affairs, revoke the
visa issued by any Philippine Consular Office. If the notice of revocation is not received
and the visa holder applies for admission into the Philippines, his/her admission or entry
shall be determined by the Immigration Officer upon his/her arrival at the port of entry.

CHAPTER 8
RE-ENTRY AND EMIGRATION CLEARANCE

SEC. 63. Re-entry. — Every time a registered foreign national, except a temporary
visitor, departs or is about to depart temporarily from the Philippines with the intention to
retum, he/she must pay a re-entry fee, emigration clearance fee and head fee: Provided,
That said foreign national retums to the Philippines within a period of one (1) year from
hisMer departure in order to maintain hismher visa category. Otherwise, he/she shall apply
for an extension of the period within which to retum prior to its expiration and pay the
prescribed fees and charges therefor. Provided, That if his/her authorized stay is less
than one (1) year, he/she shall pay a special return fee, emigration clearance fee ‘and
head fee for every departure: Provided, further, That in both cases, if the registered
foreign national departs permanently from the Philippines, he/she shall surrender all
hisiner Philippine immigration documents to the Commission and apply for and be issued
an Emigration Clearance Certificate upon payment of the prescribed fees and charges
therefor, subject to the following conditions:

(a) He/she has no pending obligation with the government or any of its agencies or

instrumentalities;


9

20

a

36

(b) He/she has no pending criminal, civil, or administrative proceeding which
requires his continued presence in the country; and

(c) There is no ongoing legislative inquiry where he/she is called upon to testify as
awitness.

SEC. 64. Emigration Clearance. — Any temporary visitor departing from the
Philippines shall, after the expiration of his/her initial authorized stay, apply for emigration
clearance with the Commission and pay the prescribed fees and charges therefor.

CHAPTER 9
PRESIDENTIAL PREROGATIVES

SEC. 65. 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 Philipines or impose such restrictions as he/she may
deem appropriate; t

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

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

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

(e) Admit non-immigrants not otherwise provided for in this Act for humanitarian
considerations and when not detrimental to public interest, under such terms and

conditions as he/she may prescribe;


20

a

2

37

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

(g) Exercise, with respect to foreign nationals in the Philippines, such powers.as

are recognized by the generally accepted principles of intemational law.

TITLE
PROVISIONS RELATING TO ENTRY
CHAPTER 1
CLASSIFICATION OF PORTS OF ENTRY

SEC. 61 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 foreigners may be admitted into the
Philippines. Only such classes of foréigners 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, clése designated ports of entry in the
interest of national security or public safety.
CHAPTER 2
PROCEDURES ON ARRIVAL

‘SEC. 67. Inspection by Immigration Officer. — A foreigner seeking admission or
readmission shall present his/her 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


2

23

24

38.

challenged by another Immigration Officer. The final determination of admissibility of such
foreigner shall be determined by the Commissioner in case no resolution is reached
between the Immigration Officers on the challenged admission. In case of admission, the
Immigration Officer shall indicate in the passport the date, the port of entry and the
identity of the vessel boarded.

SEC. 68. Detention or Quarantine for Examination. — For the purpose of
determining whether a foreigner arriving'at any port in the Philippines belongs to any of
the classes excludable under this Act by reason of being afflicted with any of the
contagious or communicable disease or mental disorder set forth under Section 78(a) of
this Act or whenever the Commissioner has received information showing that foreigners
are coming from a country or a place. where ‘any of such diseases are prevalent or
widespread, the foreigner shall be detained or quarantined for a reasonable period of
time to enable the immigration and medical officers to subject such person to observation,
and examination.

SEC. 69. 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 78(a) herein shall be referred to designated medical
officers for physical and mental examination. Such medical officer shall certify his/her
findings for the information of the Immigration Officer.

SEC. 70. 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.


20

a

2

39

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

SEC. 71. 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 crewiist; aft :

(c) Passenger manifest;

(d) Port of last departure; ‘

(e) International port of 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

SEC. 72. Conditional Permit to Disembark. — A foreign crewmember of a
vessel under Section 33(c) of this Act may be granted a conditional permit, in a form
prescribed by regulations, to disembark temporarily from the vessel on which he/she
arrived while such vessel remains in port under such terms and conditions as may be.
prescribed by the Commissioner. ; ;

SEC. 73. Confiscation and Cancellation of Permit; Deportation from the
Philippines. — Upon the determination that the foreigner is not a bona fide crewmember

or does not intend to depart on the vessel that brought him, the Commissioner shall


40

cancel and confiscate the conditional permit already issued, take such foreigner 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 his/her removal, including the’ cost of detention and other expenses
incidental thereto, shall be bome by the owner, operator, captain, master, pilot, agent or
consignee of such vessel.

SEC. 74. Liability for Overstaying Foreign Crewmen. — A foreign crewmember
who remains in the Philippines in excess of the period allowed in the conditional permit
issued to him shall be solidarily liable with the owner, operator, captain, master, pilot,
agent or consignee of the vessel to pay the penalties prescribed in Section 126 of this
Act. :

SEC. 75. Liability for Unauthorized Discharge of Foreign Crewmember. — \t
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 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 prior to such determination upon
deposit of a sum or cash bond sufficient to cover such fines as approved by the
Commissioner.

SEC. 76. Duty to Report Desertion or illegal Landing of Foreign Crewmember.

—The owner, operator, captain, master, pilot, ‘agent or consignee of any vessel shall


20

a

22

4

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
foreigners and any information that shall result in their apprehension.

SEC. 77. Requirement for Submission of List of Newly Employed, Discharged
and Illegally Landed Foreign Crewmember. — Prior to the departure of any vessel from
the last port in the Philippines destined to any place outside thereof, the owner, operator,
captain, master, pilot, agent or consignee thereof ‘shall deliver to the Immigration Officer
at that port a list containing: (a) the names of crewmembers who were not employed
thereon at the time of the vessel's arrival on’such port but will depart thereat on the same
vessel; (b) the names of those, if any, who have been discharged; (c) those who have
deserted or illegally landed at that port, if any;-and (d) such other additional information
as the Commissioner deems necessary.

SEC. 78. Liability for Failure to Submit Complete, True and Correct Report. —
In case the owner, operator, captain, master, pilot, agent, or consignee, fails to submit a
true and complete list or report of foreigners, or to report cases of desertion or illegal
landing, he/she shall pay to the Commission such sum as may be prescribed under this
Act. No such vessel shall be granted clearance from any port in the Philippines while
‘such fines remain unpaid or while the validity thereof is being determined: Provided, that
clearance may be granted prior to such determination upon deposit of a sum or cash
bond sufficient to cover such fines as approved by the Commissioner.

CHAPTER 4 :
EXCLUSIONS
SEC. 79. Exclusion Grounds. - The following classes of foreign nationals shall

ot be allowed entry and shall be excluded from the Philippines:


20

a

2

23

24

(a)

(b)

(©)

(a)

2

Health Related Grounds

Those who are found to be suffering from a communicable, dangerous or
contagious disease; “

Those who are found to be suffering from mental disorder or associated

behavior that may pose threat to persons or danger to property;

. Those who are found to be suffering from addiction to prohibited or.

regulated substance;

Economic Grounds

. Those likely to become a public charge;

.. Those seeking entry for the purpose of performing skilled or unskilled labor,

without a permit from the Secretary of the Department of Labor and
Employment as required by law;

Moral Grounds

. Those coming to the Philippines to practice polygamy or who advocate the

practice of polygamy unless his/her religion allows such practices:
Those who are pedophiles,’ sexual perverts or those coming to the

Philippines for immoral purposes;

. Those who are engaged or who seek to engage in prostitution or to procure

or attempt to procure prostitutes, or who receives in whole or in part the

proceeds of prostitution;

. Those who, at the time of primary inspection, by the Immigration Officer

exhibit any obnoxious behavior, contempt or disrespect for the said officer
or any government official or Commission;

Criminal and Security Grounds


20

21

2

a

a3

- Those who have been convicted of a crime involving moral turpitude or who

admit to the Immigration Officer having committed such crime, or who

attempt and conspire to commit the crime;

. Those who have been convicted, or who admit having committed, or are

committing acts which constitute the elements of a violation or conspiracy to
violate any law or regulation of the Philippines or a foreign country relating
to a controlled, regulated or prohibited substance, or who attempt or

conspire to commit the crime;

. Those that the Philippine Government knows or has reason to believe is a

trafficker of any controlled, ‘regulated or prohibited substance or knows or
has reason to believe is or has been an accomplice, accessory, abettor, or
co-conspirator in the illicit trafficking of any controlled, regulated or
prohibited substance;

|. Those who are fugitives from justice;

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

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

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

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

d. Any other unlawful activity


4

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

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

8. Those who are under fifteen (15) years of age and unaccompanied by or not
coming to a parent, except that they may be admitted in the discretion of the
Commissioner, if otherwise admissible; and

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

SEC. 79-A. Minor Persons/ Minority. - Persons under fifteen (15) years of age,
and not accompanied by or not coming to a parent, may be admitted: Provided, That the
written consent of either parent allowing them to travel is presented. The written consent
must cite the purpose of the travel and must be affirmed by the Philippine Consular post
in the minor's country of origin.

SEC. 80. Temporary Detention of Excludable Foreigners. — For the purpose of
ascertaining whether a foreigner arriving in the Philippines belongs to any of the
excludable classes of foreigners provided for in this Act or related laws, the Immigration
Officer, for a period not exceeding seventy-two (72) hours, may temporarily detain for

investigation such foreigner either on board the vessel or at a place designated for the


4s
purpose at the expense of the master, captain, agent, owner or consignee of the carrying
vessel.

SEC. 81. Finality of Exclusion Order. — An order by the Immigration Officer to
exclude a foreign national who is excludable under Section 78 hereof is final and
executory unless revoked by the Commissioner upon a timely appeal prior to the
implementation of the exclusion order.

SEC. 82. Authority to Waive Grounds for Exclusion. — Except for grounds of
exclusion under Section 78(d), subparagraphs 1 to 8 and subparagraph 9, the
Commissioner may waive any of the grounds for exclusion mentioned therein.

SEC. 83. 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 bome
by the owner, operator, master, pilot, captain, agent or consignee of the vessel on which
he/she arrived.

SEC. 84. Country Where Removal is to be Directed. — If the government of the
country designated in the preceding section will not accept the foreign national into its
territory, hismer removal shall be directed by the Commissioner in his/her discretion and
without necessarily giving preference, either to

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

(b) The country of birth;

(©) The country of his/her habitual residence; or


2

2

23

24

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

SEC. 85. 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 foreigner ordered excluded and removed under Section 78 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 his/her
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 82 of this Act or other costs
necessary or incidental to his removal as provided in this Act.

SEC. 86. Penalty for Non-compliance of Obligation. — The owner, operator,
master, captain, pilot, agent, or consignee of a vessel who violated Section 84 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 femain unpaid or while the validity
thereof is being determined: Provided, That clearance may be granted prior to such
determination upon deposit OF oalay-ne-eanhbond eamicsen te:caver muenqnenias

approved by the Commissioner,


20

21

2

2B

24

a7

TITLEV
DEPORTATION
CHAPTER 1
DEPORTABLE FOREIGN’ NATIONALS

SEC. 87. Classes Of DepoanNe: Foreigners. — The following foreigners shall be
arrested upon the order of the Commissioner and deported upon recommendation by the
Board of Special Inquiry and approval by the Board:

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

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

(c) Those who engage, abet or aid in the practice of prostitution including the owner,
manager or inmates of a house of prostitution. or are procurers, pedophiles or sexual
perverts; ‘

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

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

(f) Those who believe in, advise, advocate or teach the overthrowing by force and
violence of the Govemment of the Republic of the Philippines, or duly constituted
authority, or those who do not believe in or are opposed to organized governments, or
those who advise, advocate or teach the assault or assassination of public officials by
reason of their office, or those who advise, advocate or teach the unlawful destruction of

Property, or those who are members of or affiliated with any organization entertaining,


20

a

22

23

24

48
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 commit any violation of the provisions of this Act, independent of any
criminal action which may be brought against them: Provided, however, That in the case
of a foreigner who, for any reason, is convicted and sentenced to suffer both
imprisonment and deportation, said foreigner shall first serve the entire period of his/her
sentence before being deported: Provided, further, That the penalty of imprisonment may
be waived by the President upon payment by the forélgner concemed of such costs, fines
and/or damages, if any, awarded to the government or any aggrieved party,;

(i) Those who, at any time after ety, are engaged in acts or omissions punishable
under Philippine penal laws ‘cognizable by the Regional Trial Courts and the
Sandiganbayan;

@ Those who, at any time after entry, are convicted by final judgment of a crime
punishable under Philippine penal laws cognizable by the first level courts;

(k) Those who are guilty of any offense penalized under the naturalization laws of
the Philippines or any law relating to the acquisition of Philippine citizenship;

(I) Those who defraud their creditors by absconding or alienating properties to
Prevent their attachment or execution;

(m)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;

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


49

(0) Those who, upon prior investigation and hearing, 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;

(p) Those who forge, counterfeit, alter or falsely make any document; or use, attempt
to use, possess, obtain, accept or receive or provide any forged, counterfeit, altered or
falsely made document; or use, attempt to use, provide, attempt to provide, accept or
receive a genuine document, even of another, person, without authority to do so for the
Purpose of satisfying or complying with the requirements for his/her stay in the
Philippines; and

(q) 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.

SEC. 88. Non-Prescription of Deportation Cases. - The right of the State to
initiate at any time deportation proceedings shall not prescribe: Provided, That no
deportation proceedings and orders shall be had against foreigners facing preliminary
investigation, prosecution and trial before competent authorities.

CHAPTER 2
DETENTION AND DEPORTATION OF FOREIGN NATIONALS

SEC. 89. Issuance of Summons. - If the Commissioner determines that there
exists a reasonable ground to’ deport a foreigner pursuant to Section 86 of this Act,
he/she may issue summons requiring the foreigner to appear in person before the
designated investigating officer at the time, date and place stated therein

SEC. 90. Authority to Issue Letter Order. — The Commissioner may issue a

letter order if he/she determines that a probable cause exists for the filing of deportation


20

a

2

23

24

charges against a foreigner for violation of immigration and other related laws, rules and
regulations or there is a strong probability that a deportable foreigner may flee from
hisfher place of abode, go into hiding or surreptitiously leave the country.

SEC. 91. Formal Charge of Deportation. - A formal charge for deportation shall
be issued upon determination of the existence of a prima facie case against the foreigner.
Pending final determination of his/her deportation case, the foreigner 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 foreigner is evading the proceedings or is attempting
to abscond, in which case he/she shall be taken into custody and placed under detention
by order of the Commissioner.

SEC. 92. Detention of a Foreigner Convicted of a Felony or an Offense. -
After service of hisimer sentence or compliance with the conditions of his/her parole or
probation, as the case may be, the foreigner shall be taken into custody and placed under
detention by order of the Commissioner. Pending final determination of the deportation
case, the foreigner may be ordered released under such terms and conditions prescribed
by the Commissioner.

SEC. 93. Voluntary Deportation, When Authorized. — In case the foreigner does
not contest the formal charge against him/her and opts to voluntarily leave the country at
hisher own expense, the Commissioner may waive the deportation proceedings and
order the departure within the period specified in the voluntary deportation order, except
in cases of violations of laws such as Republic Act No. 8042 otherwise known as the
“Migrant Workers and Overseas Filipinos Act of 1995": Provided, That he/she has not

committed any criminal offense or has no pending case in court: Provided, further, That


20

a

2

2B

24

31

the said foreigner so deported shall be barred from re-entering the country without prior
written authorization from the Commissioner.

SEC. 94. Contents of an Order or Warrant of Deportation. — The order or warrant
of deportation shall be in the form prescribed by the Commissioner and shall state the
grounds therefor, the specific place where the foreigner is to be deported and the period
within which to execute such order.

SEC. 95. 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 for reasons beyond the control of the Commissioner, the foreigner shall remain in
custody.

SEC. 96. Suspension of Deportation Order. - Upon application and payment of
the prescribed fees by the concemed foreigner, the Commissioner may suspend the
implementation of the deportation order and order his/her release for good cause, 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 status; or

(f) Other humanitarian considerations. .

SEC. 97. Reinstatement of a Deportation Order. - A deportation order previously
implemented against a foreigner who unlawfully re-entered the Philippines shall be

deemed automatically reinstated and shall be implemented in accordance with this Act.


2

This provision shall also apply to a foreigner who departed voluntarily under Section 92
hereof.

SEC. 98. Country of Destination of a Deportee. - Except as provided for under
existing treaty or international agreement, a foreigner shall be deported to the country of
which he/she is a citizen or national, or to the country of his/her birth, or to the country of
which he/she is a resident, or to the country from which he/she embarked for the
Philippines, subject to the acceptance by the receiving country.

SEC. 99. Existence of Danger in the Country Where a Foreigner is to be
Deported. — No foreigner shall be deported to a country where there exists a danger to
hismer life or freedom on account of race, religion, nationality, political opinion or
membership in a particular political or social group, except in the following circumstances:

(a) The foreigner participated, induced or cooperated in the persecution of any
person on account of race, religion, nationality, political opinion or membership in a
particular political or social group in the couritry where he/she is to be deported;

(b) The foreigner is a fugitive from justice in the country where he/she is to be
deported;

(c) The foreigner committed a serious non-political crime in the country where
he/she is to be deported; or

(d) The foreigner is undesirable in’ and/or a danger to the national security of the
Philippines.

SEC. 100. 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
crew member is to be deported for violation of Section 100 of this Act. In all other cases,

the cost of deportation shall be bome by'the deportee himself/herself, the concerned


a

2

2B

24

33

consular office, nongovemment organizations or people's organizations with which the
Commission has an agreement on this matter, or from the appropriations for the
enforcement of this Act. .

SEC. 101. Liability of Owner, Operator, Captain, Master, Pilot, Agent or
Consignee of a Vessel. — Failure or refusal on the part of the owner, operator, captain,
master, pilot, agent or consignee of a vessel to take on board, guard safely and transport
the deporte to his/her country of destination, or to shoulder the cost of deportation ofthe
foreign crew member as provided in Section 99 hereof, shall be punished by an
administrative penalty prescribed under this Act.

SEC. 102. _ Expenses of Accompanying Person. - The Commissioner may, by
reason of the mental or physical condition of the deportee, direct an employee of the
Commission to accompany such deportee to the country of his/her destination, subject to
the provisions of the immediately preceding sections.

CHAPTER 3
INDIGENT FOREIGNERS

SEC. 103. Deportation of Indigent Foreigners. — At any time after entry, the
Commissioner may deport indigent foreigners 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 foreigner deported under this section shall be barred re-admission
except upon written authorization of the Commissioner.

This provision shall not apply to a foreigner declared as an indigent by any
Philippine court for purposes of filing a case or to pursue a cause of action which

resulted in his/her indigency until such action is resolved with finality: Provided, That no


20

a

2

23

24

34

other grounds for deportation exist during the pendency of the same.

TITLE VI
MISCELLANEOUS PROVISIONS
CHAPTER 1
REGISTRATION OF FOREIGN NATIONALS

SEC. 104, Requirement of Registration. — All foreigners must register with the
Commission or any Immigration Office nearest his/her place of residence on or before the
sixtieth (60") day of his/her arrival in the Philippines. |

SEC. 105. Registration Form and Oath. — Applications for registration shall be

under oath and in such form as prescribed by the Commission. Upon registration, a
certificate of registration shall be issued by the Commission to the registrant. In case of
loss or destruction of the certificate, a replacement thereof may be issued’ by the
Commission upon proper application and payment of prescribed fees. :

SEC. 106. Amendment of Registration: — A registered foreign national shali
Notify the Commission in writing of any change of information in his/her registration
documents not later than seven (7) days thereof

SEC. 107. Presentation of Certificate of Registration. — Every foreigner
required to register under this Act or the parent or guardian of such foreigner shall, upon
demand of any authorized immigration official, present his/her certificate of registration,
and failure to do so without justifiable cause shall be dealt with in accordance with the
Provisions of this Act.

SEC. 108. Reportorial Requirements. — Every foreigner registered under this

Act shall, within the first sixty (60) days of every calendar year, report in person to the


2

2

23

35

Commission subject to the payment of prescribed fees. The parent or legal guardian of
foreigners below fourteen (14) years of age shall have the duty to comply with the
requirements prescribed under this Act.

SEC. 109. Failure to Comply with Requirements. — A foreigner, or his/her
Parent or guardian, 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 himMher: to be false, or who utilizes registration
documents other than his/her own, shall be dealt with in accordance with the provisions of
this Act and other existing laws. ;

SEC. 110. Cancellation of Registration of Foreign National. — In case of death
of a foreigner registered under the provisions of this Act, his/her legal heir, representative
or administrator must inform the Commission within sixty (60) days from death and the
Commission shall cancel such registration. The Local Civil Registrar or other civil registry
officer of the locality where said foreigner died shall fumish the Commission with a copy
Of the Certificate of Death within thirty (30) days from issuance thereof. Failure on the part
Of the persons concemed to comply with the requirements of this section shall be dealt
with pursuant to the provisions of this Act.

CHAPTER 2
BONDS AND DEPOSITS
SEC. 111. 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 foreigners applying for temporary admission;


20

ai

2

23

36

(b) To insure against foreign Passengers liablé to be excluded as likely to become
public charges; and : ,

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

SEC. 112. Requirement of Cash Deposits for Overtime Services. - The
Commission shall likewise have the authority to require cash deposits in such amounts as
may be necessary from vessel's owner, operator, captain, master, pilot, agent, or
consignee or other persons served to cover payments for overtime services to be
performed by officers and employees of the Commission.

SEC. 113. Cancellation and Forfeiture of Bonds. — When the conditions of
the bond are fulfilled, or in case of a bond posted to insure against a foreigner becoming
@ public charge, when the Commissioner decides that the likelihood no longer exists, or
death of the foreigner in whose behalf the bond is posted, the bond shall be cancelled
and released to the depositor or his/her legal representative. 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 of indigent deportes and to
cover the costs of operations in the arrest of a deporte who jumps bail.

CHAPTER 3
RECOGNIZANCE

SEC. 114. Petitions for Recognizance, Sanction for Breach of Conditions.
— The Commissioner may order'the release of a foreigner upon recognizance of
hismer 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


2

23

7

than Fifty thousand pesos (P50,000.00) but not more than One hundred thousand pesos
(P100,000.00), without prejudice to: other administrative sanctions and/or proceedings
against the erring party.
CHAPTER 4
COOPERATION AND COORDINATION WITH OTHER OFFICES

SEC. 115. Working Cooperation with the Department of Foreign Affairs. -For
purposes of efficient implementation and'administration of this Act, the Commission shall
maintain a working cooperation with the Department of Foreign Affairs.

SEC. 116. Working Cooperation with the Commission on Higher Education. =
The Commission shall maintain a working cooperation with the Commission on Higher
Education with respect to accreditation of schools and learning centers for enrolment of
foreign students as authorized under this Act.

SEC. 117. Coordination with Law Enforcement, Security and Other Offices. —
The Commissioner shall have authority to maintain coordination with the National
Security Council, the Philippine National Police, and other law enforcement agencies of
the government.

CHAPTER 5
FEES AND CHARGES

SEC. 118. Authority of the Commissioner to Prescribe, Impose and Collect
Fees and Charges. — The Commissioner is authorized to prescribe, impose and collect
fees and charges for services rendered pursuant to the provisions of this Act, which shall
take effect fifteen (15) days after the last publication thereof for two (2) consecutive

weeks in a newspaper of general circulation.


38

SEC. 119. Head Fee. — Every foreign national who is at least fourteen (14) years
of age and admitted to the Philippines for a temporary stay exceeding sixty (60) days
shall pay a head fee in an amount to be fixed by the Board.

CHAPTER 6
ADMINISTRATIVE FINES AGAINST VESSELS

SEC. 120. Fine for Failure to Submit Crew List or Passenger Manifest, or
Failure to Account Every Passenger and Crew. — Any pilot, master, agent, owner or
consignee of a vessel arriving at any port in the Philippines from a place outside thereof
who fails to submit to the immigration authorities a complete and accurate crew list or
Passenger manifest, or fails to produce or account every crewmember or passenger
whose name appears in said list or manifest shall be subject to fines of One hundred
thousand pesos (P100,000.00) and Fifty, thousand pesos (P50,000.00) for each
unaccounted person, respectively.

SEC. 121. Fine for Violation of Obligation on the Landing or Removal of
Foreigners. — A pilot, master, agent, owner or consignee of any vessel arriving at a port
of the Philippines from a place outside theréof 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 violation.

SEC. 122. Fine for Bringing Undocumented Foreigner, or Foreigner 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 foreigner
shall be fined One hundred thousand pesos (P100,000.00) for each foreigner. If the

foreigner is afflicted with a communicable or contagious disease or is suffering from


19

20

21

23

39

mental disorder, the fine shall be nit less than Two hundred thousand pesos
(P200,000.00) but not more than Three hundred thousand pesos (P300,000.00) for each
foreigner.

SEC. 123. Fine for Bringing a Foreigner to Assist His Illegal Entry or
Misrepresenting a Foreigner 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 foreigner bound for the Philippines to assist his/her
ilegal entry, or misrepresenting the foreigner 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 rot more than Two hundred thousand pesos
(P200,000.00) for each foreigner!

SEC. 124. Fine for Violation of Other Provisions of this Act. — The pilot,
master, agent, owner or consignee of any vessel arriving at any port of the Philippines’
from a place outside thereof who violates any other provision of this Act not specifically
provided in this Chapter shall be fined not less than Fifty thousand pesos (P50,000.00)
but not more than Two hundred thousand pesos (P200,000.00) for each violation.

CHAPTER 7
OTHER PENAL PROVISIONS

SEC. 125. Other Prohibited Acts and Penalties Thereof. - Any person who shall
‘commit any of the acts specified hereunder shall, upon conviction, suffer the penalty of
prision correccional in its maximum period to prision mayor in its minimum period or a fine
of not less than One hundred thousand pesos (P100,000.00) but not more than Five

hundred thousand pesos (P500,000.00) or both, at the discretion of the court: ‘


a)

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

applying for an immigration document; .

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

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

(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 Mnerself to bé a Philippine citizen;

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

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

Where the offender of any acts ‘specified in paragraph (g) of this section is a
corporation, company, partnership or other juridical entity, the president, general
manager, managing partner, or chief executive officer thereof shall be held liable
Dismissal of the employee by the employer before or after apprehension shall not relieve
such employer from any liability arising from the offense: Provided, That if the offender is

the pilot, master, agent, owner, consignee, or other person in charge of the vessel which


2

23

4

brought the foreigner into the Philippines from any place outside thereof, the fine imposed
under this section shall constitute a lien against the vessel which may be enforced in the
same manner as fines are collected and.enforced under existing laws. Such vessel shall
not be allowed to depart without prior clearance issued by the Commission. Where
forfeiture is justified under the particular circumstances of the case, the forfeiture of the
vessel in favor of the government in lieu of the fine shall be decreed.

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

SEC. 126. 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.

SEC. 127. Penalty for an Overstaying Crewmember. — Any foreign
crewmember who wilfully remains in the Philippines beyond the period allowed him/her
for temporary landing shall, upon conviction, suffer the penalty of imprisonment of six (6)
months or fine of not less than Fifty thousand pesos (P50,000.00) but not more than One
hundred thousand pesos (P100,000.00), or both, at the discretion of the court

SEC. 128. 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


2

23

24

a

or circumvent any provisions of this Act ‘shall, upon conviction, suffer the maximum
penalty for such offense as provided under this Act.
‘ CHAPTER 8
FUNDING

SEC. 129. Funding. = bo addition to its annual budget under the General
Appropriations Act, the Commission is hereby authorized to retain and use thirty percent
(30%) of its income derived from collection of immigration fees, fines, penalties and
charges for maintenance and other operating expenses, intelligence and law
enforcement, information and communication technology infrastructure, transportation
facilities and other capital outlay expenditures. The Commission is likewise hereby
authorized to retain and use its income in excess of the prescribed collection target.

CHAPTER 9
TRANSITORY PROVISIONS
SEC. 130. 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 for
approval, which shall be in accordance with the Salary Standardization Law and other
applicable laws under the National Compénsation and Classification Plan.

SEC. 131. Reorganization of the Commission. — Upon approval of this Act, all
employees of Bureau of Immigration covered by the civil service law and regulations
shall continue to hold their present positions pending the reorganization of the
Commission in accordance with the new staffing pattem: Provided, That the salaries,
wages, allowances and other benefits of incumbent officers and employees of the

Commission shall not be subject to diminution: Provided, further, That in the event that


6.

the positions are abolished in accordance with the reorganization, the affected
employees shall be retained. Provided, finally, That employees who have been dismissed
for cause shall no longer qualify for any position in the Commission.

SEC. 132. Inventory and Transfer of Properties, Accounts, Assets, Liabilities
and Obligations to the Commission. — All buildings, properties, equipment, facilities,
accounts, other assets, liabilities and other obligations as well as records of the Bureau of
Immigration shall be properly inventoried and transferred to the Commission.

SEC. 133. _ Treaty or Agreement. - Any treaty or agreement entered into
between the Philippines and any foreign state before the effectivity of this Act shall
remain in force and effect.

SEC. 134. Pending Caress ~ Any prosecution, suit, action, proceeding, or any act
‘or matter, civil or criminal, pending at the time of the effectivity of this Act shall not be
affected by the provision of this Act unless otherwise applicable.

CHAPTER 10
ADMINISTRATION AND IMPLEMENTATION

SEC. 135. Administration and Implementation Abroad. — The administration
and implementation of this Act abroad,’ including the rules and regulations as well as
policies arising from it shall be the responsibility of the Department of Foreign Affairs
through Philippine diplomatic and consular establishments.

SEC. 136. Implementing Rules and Regulations. — The Commission, upon
consultation with the Department of Fdreign Affairs and other concemed qovennivent
agencies or offices and subject to the approval by the Secretary, shall promulgate the
rules and regulations for the implementation of this Act within one hundred twenty (120)

days from its effectivity,


‘CHAPTER 11
FINAL PROVISIONS

SEC. 137. Separability Clause. — If any of the provisions of this Act'is held
invalid or unconstitutional the other Provisions not affected thereby shall continue to be in
force and effect.

SEC. 138. Repealing Clauses. - (4) Commonwealth Act No. 613, otherwise
known as the Philippine Immigration Act of 1940, as amended, is hereby repealed; (b) All
laws, presidential decrees, executive orders, proclamations, memorandum orders,
instructions, rules and regulations or parts thereof inconsistent with this Act are hereby
amended or modified accordingly.

SEC. 139, Effectivity Clause. — This Act shall take effect fifteen (18) days after
its complete publication in the Official Gazette or in two (2) newspapers of general
circulation, :

Approved