HOUSE REPRESENTATIVES
RECEIVED

Republic of the Philippines
HOUSE OF REPRESENTATIVES

(Quezon City

‘SEVENTEENTH CONGRESS

First Regular Session
DEPSTRATION UNIT

/'$ ANO INDEX SERVICE

House Buino.__ 827

Introduced by Representative Xavier Jesus D. Romuaido

EXPLANATORY NOTE

This bill was originally filed by the late Representative Pedro P_ Romualdo. The
Bicameral Conference Committee Report on this bill was not ratified on the last
session day of the 14” Congress due to a lack of quorum. It was subsequently re-
filed by Representative Romuaido in the 15" Congress and was referred to the
Committee on Justice However, the Committee on Justice was unable to take up
the resulting draft committee report. The same thing happened in the 16" Congress.

‘The Explanatory Note of the late Representative Romualdo is herein reproduced and
adopted as part of the explanation for the filing of this bil

This measure is a timely piece of legisiation, which will othe the Bureau
of Immigration with a renewed mandate to deliver world class immigration
services that will promote the country’s image in the intemational
community as a safe tourist destination and a potential investment site.
This bill will catapult the Bureau of Immigration as a government agency
that concomitantly assumes the role of a gatekeeper and that of an agent
of economic development. To attain this goal, this bill seeks to strengthen
the organizational structure of the Bureau of Immigration by converting it
into a Commission with expanded jurisdiction and a streamlined powers
and functions, thereby amending the archaic provisions of Commonwealth
Act No. 613, a 1940 immigration statute

This landmark legislation will ensure a vibrant, dynamic and more
structured agency to be known as the Commission on immigration and
Naturalization that will be tasked to perform a twin function — gatekeeper
and economic agent. As 2 gate keeper, the new Commission shall have
the power to control and regulate the immigration of aliens in the country
Consistent with its duty to safeguard our borders, national seaurity, national
sovereignty and public safety As an agent of economic development, the


new commission will be tasked to develop effective mechanisms and
procedures on immigration and naturalization that will foster investments
through a vibrant tourism industry and higher govemment revenue. This
‘twin-function refiects the demands of the present time.

This bill will empower the current Bureau of Immigration to simplify further
its requirements for visa applications or visa extension and expedite its
processing and issuance of visas, alien certificates of registration, and
other travel documents. indeed, an orderly and simplified procedures will
streamline the duties and functions of their officials and employees,

Industry data shows that tourist arrivals in 2011 were estimated at 3.917
million with visitor receipts estimated at 129,689.33 million as reported in
the Department of Tourism website. We believe these figures will double if
the commission will simplify further their immigration policies and
procedures without neglect of its duty as the govemment's gatekeeper.

With the advent of globalization charactenzed by shrinking space and time
and disappearing palitical and economic borders, the country has not been
exempted from the scourge of terrorism and other transnational and/or
syndicated crimes such as drug trafficking, human smuggling and
trafficking in person, and kidnapping, among others, that have likewise
taken their toll in the economy. Local and foreign investors alike cannot be
blamed of their capital flight as they have a second look in further investing
in the country taking into consideration the peace and order situation.
Hence, this bill will add credence to our fight against these nefarious
criminal activities by allowing the Commission to strengthen further their
existing procedures and policies on border control and management. This
is the essence of a gatekeeper.

Itwas the Second Assembly of the Philippine Commonwealth that enacted
the Philippine Immigration Act of 1940 on 22 January 1940 known as
Commonwealth Act No. 613. It created the Bureau of Immigration under
the administrative supervision of the Office of the President. Then. it later
became an attached agency of the department of justice and was later
retumed to the administrative control of the Office of the President.

In 1941, the bureau was once again under the Department of Justice and.
in 1945, it was put under the supervision and control of the Department of
Labor as part of the reorganization pian of the government. In 1948, the



Bureau was again retumed to the Department of Justice where it remains
up to this time

In 1972 as part of the reorganization plan, the Bureau of Immigration was

performing both
25, 1987, President Corazon C. Aquino signed Executive Order No. 292,
otherwise known as the Administrative Code of 1887. The Commission on
Immigration and Deportation was renamed the Bureau of immigration.

Sensei sto (72) yours, arene creation, iis ony now thet we are. ohéaG
Preferential attention it deserves

public safety, and enhance revenue collection for the government.
Under this bil, the proposed Commission shall be principally

under the administrative supervision of the Department of Justice.
In view of the foregoing, the support of the Members of Congress for the timely
requested.

passage of this measure is eamestly
eS jew

XAVIER JESUS D. ROMUALDO



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

House BILL No._327

Introduced by Representative Xavier Jesus D. Romualdo

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

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

TITLE!
GENERAL PROVISIONS

SECTION 1. Short Title. — This Act shall be known as the Philippine Immigration Act.

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

(2) The admission of foreign nationals for the purpose of encouraging and
enhancing capital investments, trade and commerce, cultural exchanges, and other

forms of friendly relations and cooperation;



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(b) The need to support the country’s technological and scientific
development;

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

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

(e) Promotion of international order and justice by preventing and denying the
use of Philippine territory to persons who are engaged or likely to engage in terrorism,
human smuggling and trafficking, criminal and other nefarious activities;

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

(9) _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
hereby defined as follows:

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

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

(©) “Border Control Officer" — refers to any person tasked to man the Border

Control Station as provided under Section 27 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
the 1987 Constitution of the Republic of the Philippines;

(9) | “Commission" — refers to the Commission on Immigration;



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(h) “Chief Commissioner’ and “Commissioner” — refer to the Chief
Commissioner of Immigration and a Commissioner of Immigration, respectively;

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

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

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

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

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

(3) “Watchlist Order” — refers to an order issued by the Chief
Commissioner under this Act that requires immigration personnel to monitor the
travel of any person for a period of sixty (60) days, extendible for another sixty
(60) days, and to notify the concerned government agencies of the Philippines;
Provided, that the issuance of a Watchlist Order shall not have the effect of

preventing a person from leaving the Philippines to any place outside thereof.


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

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

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

(0) "Immigrant" — refers to any foreign national departing from any place
outside the Philippines destined for the Philippines, other than a Non-Immigrant;

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

(q) "Immigration Officer" — refers to a person appointed under Section 24 of
this Act or a employee of the Commission designated by the Chief Commissioner to
perform the powers, duties, and functions of an Immigration Officer as specified under
this Act;

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

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

(0) “Non-refoulement” — refers to the principle of international law which
prohibits the forced retum of a refugee to a state or territory where his or her life or

liberty would be threatened;



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

(v) "Person" — refers to a natural or juridical person;

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

(®) "President" — refers to the President of the Philippines;

(y) _ “Refugee” — refers to a person who, owing to a well-founded fear of being
persecuted for reasons of race, religion, nationality, membership of a particular social
group, or political opinion, is outside the country of his or 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 or her former habitual
residence, is unable or, owing to such fear, is unwilling to return to it;

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

(aa) “Stateless Person” — refers to a person who is not considered a national or
citizen by any country under its laws;

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

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

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

nationals by the Chief Commissioner or the Board of Commissioners under this Act.



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TITLE I

COMMISSION ON IMMIGRATION

CHAPTER 1

THE COMMISSION

SEC. 4. Creation. — The Commission on Immigration is hereby created and
attached to the Department of Justice. The Commission shall be principally responsible
for the administration and enforcement of this Act, and the implementation of all laws,
rules, regulations, or orders of any competent authority concerning the entry and

admission into, stay in, and the departure from the Philippines of all persons.

SEC. 5. Composition and Qualification. — The Commission shall be
administered by the Board of Commissioners headed by the Chief Commissioner as
Chairperson, and four (4) Commissioners as members, all of whom shall be natural-
bor citizens of the Philippines, holders of at least a college degree, and with proven
capacity for administration: Provided, That at least 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 CHIEF COMMISSIONER

SEC. 6. Appointment and Rank of the Chief Commissioner. — The Chief
Commissioner shall be appointed by the President and shall have the same rank,

compensation, and privileges of an Undersecretary.

SEC. 7. Powers and Functions of the Chief Commissioner. — In addition to

his or her duties as Chairperson of the Board of Commissioners, the Chief



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Commissioner shall exercise the following powers and functions:

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

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

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

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

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

(Act on petitions for declaration of indigency;

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

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

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

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

(k)  Deputize any official or employee of the national government and local

government units, including uniformed personnel of the Armed Forces of the



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Philippines, the Philippine National Police, and the Philippine Coast Guard to assist
immigration personnel in the performance of their duties and functions subject to the
concurrence of the Board of Commissioners;

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

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

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

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

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

(q)__ Assign immigration personnel to do overtime work or services, pursuant to
rules and regulations to be prescribed, and at the rates fixed by the Chief
Commissioner, when the work or service to be rendered is to be paid for by shipping or
airline companies or other persons served;

(®) Determine the manning levels of immigration officers of the Commission
nationwide in accordance with the number of arrivals in each port of entry as

determined by the Board of Commissioners; Provided, That the number of employees,



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as provided in the staffing pattern in accordance with Section 120 of the Act, shall not
be decreased;

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

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

(u) Prescribe the appropriate forms, bonds, reports, entries, and other papers

in accordance with this Act.

CHAPTER 3
THE COMMISSIONERS

SEC. 8. Appointment and Rank of Commissioners. — There shall be four (4)
Commissioners who shall be appointed by the President. They shall have the same

rank, compensation, and privileges of an Assistant Secretary.

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

management support cluster.

CHAPTER 4
THE BOARD OF COMMISSIONERS

SEC. 10. Powers and Functions of the Board. — The Board of Commissioners
shall have the following powers and functions:
(a) Decide on applications and/or cases relative to:
(1) Deportation;

(2) Revocation of immigration status;



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(3) Recognition of Philippine citizenship by reason of birth or marriage;
(4) Issuance and revocation of all visas;
(5) Declaration of indigeney; and
(6) Legalization of residence in accordance with law;
(b) Prescribe and promulgate rules of proceedings before it;
(c) Cite and punish for contempt in relation to the discharge of its quasi-
judicial functions in accordance with the Rules of Court;
(d) Prepare and publish operations manual and rules of procedure, including
schedule of fees, for all transactions entered into by the Commission with the public;
(e) Formulate policies, directives, programs, and projects of the Commission;
and
(f) Perform such other powers and functions as provided by existing laws,

rules, and regulations not inconsistent with any of the provisions of this Act.

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

Decisions in deportation cases may be appealed to the Secretary of Justice
within fifteen (15) days from receipt thereof, whose decision shall be final and executor,

unless stayed by an order of the Court of Appeals.

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

for decision or resolution.

SEC. 13. Meetings of the Board. — \n 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 as often as may be necessary to

effectively perform its functions. Members of the Board shall be notified of their


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meetings accordingly and the presence of the Chairperson and two (2) members shall

constitute a quorum.

CHAPTER 5
THE EXECUTIVE DIRECTOR

SEC. 14. Appointment and Tenure. — There shall be an Executive Director of
the Commission who shall be appointed by the President, upon the recommendation of
the Chief Commissioner and endorsement by the Secretary of Justice. The Executive
Director must be a natural-bom citizen of the Philippines, a Career Executive Service
eligible, and a member of the Philippine Bar in good standing for at least five (5) years

prior to his or her appointment.

SEC. 15. Powers and Duties. — The Executive Director shall:

(a) Actas the secretary in the meetings of the Board of Commissioners;

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

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

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

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

() Perform such other duties as may be assigned by the Chief

Commissioner.

CHAPTER 6
THE BOARD OF SPECIAL INQUIRY

SEC. 16. Constitution of Boards of Special Inquiry. — There shall be

constituted as many Boards of Special Inquiry (BSI) as required in the exigency of



service but not more than twelve (12). Each Board shall be composed of a Chairperson
and two (2) members. The Overall Chairman of the BSI shall sit as the Chairperson of
the First Board of the BSI. The BSI shall be designated according to their areas of

specialization to be determined by the Board of Commissioners.

SEC. 17. Appointment and Qualification of the Chairpersons and Members
of the BSI. — The Chairpersons and members of the BSI shall be appointed by the
Board of Commissioners, all of whom shall be natural-born citizens of the Philippines,
members of the Philippine Bar in good standing for at least three (3) years prior to their

appointment

SEC. 18. Powers and Functions of the BSI, - The BSI shall:

(a) Recommend to the Board of Commissioners for final resolution cases
and/or applications relative to:

(1) Deportation;

(2) Revocation of immigration status;

(3) Recognition of Philippine citizenship by reason of birth or marriage;
(4) Legalization of residence in accordance with law; and

(6) Issuance of visa for stateless person;

(b) __ Issue subpoena in cases being heard by the BSI;

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

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

(e) Administer oaths;

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

(9) Perform such other duties and functions as may be directed by the Board

of Commissioners.



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

any party before the BSI.

SEC. 20. Resolutions of the BSI. — Cases before the BSI shall be resolved
within five (5) working days from the date the same are submitted for resolution. Said

resolution shall be submitted immediately to the Board for action.

CHAPTER 7
DIVISIONS OF THE COMMISSION

SEC. 21. Divisions and Other Operating Offices of the Commission. — The
Commission shall have the following divisions and 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 Affairs;

(11) Immigration Regulation;

(12) Registration;

(13) Visas and Special Permits;

(14) Complaints and Prosecution;

(15) Internal Audit Office;



(16) National Operations Center; and

(17) Immigration Academy of the Philippines.

SEC. 22. Heads of the Divisions and Operating Offices. — Each Division and
operating office shall be headed by a Director to be appointed by the Secretary of
Justice, upon the recommendation of the Chief Commissioner; Provided, however, That
Directors for the Division for Legal Affairs and the Division for Complaints and
Prosecution shall be members of the Philippine Bar in good standing for at least three
(3) years prior to their appointments. The Director for the Finance Division shall be a

Certified Public Accountant in good standing for at least three (3) years.

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

Act.

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

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

(b) Exclude foreign nationals not properly documented and admit foreign
nationals compliant 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 take into custody without need of a
warrant any foreign national who in ones presence or view is entering or is about to

enter the Philippines in violation of immigration and related laws, rules, and regulations;


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(e) Act as a Border Control Officer with the authority to prevent the departure
of passengers not complying with departure requirements; and
(f) Perform such other functions as may be assigned by the Chief

Commissioner from time to time.

CHAPTER 8
OTHER OFFICES

SEC. 25. Field Offices of the Commission. — The Commission shall establish
and maintain a Field Office in every region of the Philippines, including the National
Capital Region.

The Field Offices of the Commission shall each be headed by at least an

Immigration Officer Il, all of whom shall be designated by the Chief Commissioner.

SEC. 26. Changes in the Composition, Distribution, and Assignment of
Field Offices. - The Chief Commissioner may make changes in the composition,
distribution, and assignment of Field Offices, as well as its personnel, based on the

demographics of the foreign nationals and as the exigency of the service requires

‘SEC. 27. Border Control Stations. — There shall be established Border Control
Stations, which shall be manned by Border Control Officers appointed by the Chief

Commissioner. The Border Control Stations shall be placed in specific areas in the

pines determined by the Board of Commissioners.

TITLE tt
IMMIGRATION

CHAPTER 1
NON-IMMIGRANTS


SEC. 28. Categories of Non-Immigrants and Types of Visa Issued. — Foreign
nationals departing from any place outside the Philippines who are otherwise admissible
and who qualify under any one of the following visa categories may be admitted as Non-
Immigrants:

(a) Temporary Visitors (A Visas): Foreign nationals 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 a

holiday, including tourism, recreation, or visiting relatives; and

(3)

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

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

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

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

granted a D-1 Visa.



Citizens of a country that has an investor treaty with the Philippines, and their

family members, who are coming to work in the Philippines for a business they own or

one that is at least fifty percent (50%) owned by nationals of their home country and

which business is supported by a substantial investment from nationals of their home

country shall be granted a D-2 Visa;

(e) Accredited Foreign Government Officials, Their Families, and Household

Members (E Visas): Foreign government officials, their families, and household

members coming to the country for an official purpose, pursuant to international

conventions and bilateral agreements, shall be granted E Visas divided into four (4)

types, namely

(1) Foreign nationals eligible for an E-1 Visa: The E-1 Visa shall be issued to

the following classes of foreign nationals:

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Heads of State and Heads of Government and their personal

representatives;

. Members of reigning royal families from countries recognized by

the Philippine Government;

. Governors-General, Governors, and High Commissioners of

dependent territories and their personal representatives;

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

of ministers;

. Presiding officers of national legislative bodies;

Justices or judges of the highest national judicial bodies;

ii. Diplomats and career consular officials on foreign assignment in

the Philippines;

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

mission; and

. Accompanying spouses and unmarried dependents of foreigners

within the abovementioned category;

(2) Foreign nationals eligible for an E-2 Visa: The E-2 visa shall be issued to

an official of a foreign government recognized by the Philippines, is a


f national of the country whose government he or she represents, and is

proceeding to the Philippines on a long-term basis in connection with

F official business for his or her government. This category includes,
4 among others, the following classes of foreign nationals:

s i. Administrative and technical members of the staff of a diplomatic or
6 consular mission;

7 ii. Official participating in programs under the auspices of the
8 Philippine Government or recognized international institutions; and
9 iii. Accompanying spouses and unmarried dependents of foreigners
10 within the abovementioned category;

it (3) Foreign nationals eligible for an E-3 Visa: The E-3 visa shall be issued to

2 an official of a foreign government recognized by the Philippines, is a
13 national of the country whose government he or she represents, and is
4 proceeding to the Philippines on a short-term basis in connection with
15 official business for his or her government. This category includes, among
16 others, the following classes of foreign nationals:

7 i. Diplomatic couriers regularly and professionally employed as such;
18 ii, All members of official special missions of a diplomatic character;

19 iii, Members of delegations proceeding to or from an intemational
20 conference of a diplomatic or official nature; and

2 iv. Such other officials going to the Philippines on diplomatic or official
2 missions;

23 (4) Foreign nationals eligible for an E-4 Visa: The E-4 Visa shall be issued
4 to the private employees and household members of persons to whom
25 1 and E-2 visas have been granted, as well as their immediate
26 dependents;

27 All visas under Section 28(e) of this Act shall be exclusively issued and
28 renewed by the Department of Foreign Affairs, which shall also determine the
29 type of E-Visa for Foreign Government Officials not identified in the foregoing

30 lists. The grant of immunities and privileges shall be subject to applicable


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domestic and intemational law and intemational agreements to which the

Philippines is a party, as well as in consideration of the principle of reciprocity.

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

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

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

(i) Representatives of International Organizations and Government Agencies
(I Visa): For purposes of this Act, the term accredited international organization,
includes any public international organization in the activities of which the Philippines
participates pursuant to any treaty or under the authority of an 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.



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

(1) Foreign nationals eligible for an I-1 Visa: The I-1 Visa shall be issued to the
principal officials of international organizations, as well as their
accompanying spouses and dependents.

(2)Foreign nationals eligible for an |-2 Visa: The I-2 visa shall be issued to other
officials and staff members of international organizations, as well as their
accompanying spouses and dependents.

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

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

All visas under Section 28(i) of this Act shall be exclusively issued and renewed
by the Department of Foreign Affairs, which shall also determine the type of I-Visa of
officials and staff members of International Organizations who are not identified in the
foregoing lists. The grant of immunities and privileges shall be subject to applicable
domestic and international law, relevant headquarters agreements, and international
agreements to which the Philippines is a party to.

() 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 company, and
are coming to the Philippines solely to engage in gathering information principally for
dissemination abroad, including their family members accompanying or following to join
them during the period of the assignment in the Philippines;

(k) Exchange Visitors (K Visa): Foreign nationals entering the Philippines to
teach, study, observe, conduct research, or receive training in a specific exchange

visitor program duly approved by the Philippine Government;



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() Refugees (L-1 Visa) and Stateless Persons (L-2 Visa): Refugees, as
defined under this Act, shall be issued L-1 Visas. Stateless persons, who are admitted
for humanitarian reasons and whose admission is determined not inimical to public
interest as approved by the Chief Commissioner or the President in such cases and
under such conditions as they may prescribe, shall be issued L-2 Visas;

(m) Bridging Visa (M Visa): A foreign national who wishes to stay in the
Philippines after his or her current visa, which is not a Temporary Visitor visa (A Visa),
expires and while his or her application for adjustment of status is being processed.

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

conditions as they may prescribe

CHAPTER 2
IMMIGRANTS

SEC. 29. 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 Chief
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



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accompanying or following to join them, who shall likewise be allotted individual quota
numbers;

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

(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 30. Allotment of Quota. — The Chief 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 shall be given to the second, third,
and fourth preferences in accordance with Section 29 of this Act. Any unused quota
allotment for a calendar year cannot be carried over and utilized for the ensuing

calendar year.

SEC. 31. Basis in Determination of Quota Allotment. — The nationality of an
immigrant whose admission is subject to the numerical limitation imposed by Section 29
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 or her as a national or citizen, if he or she applies for a visa
in a third country. If he or she applies for a visa within one of the two countries regarding
him or her as a national or citizen, his or her nationality shall be that of the country in

which he or she files his or her application for a visa to enter the Philippines.

SEC. 32. Non-Quota Immigrants. — The following immigrants, known as Non-
Quota Immigrants, may be admitted without regard to numerical limitation and
immigration reciprocity:

(a) The spouse of a citizen of the Philippines; Provided, That the

abandonment and failure to give support by the foreign spouse to his or her Filipino


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spouse or 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) Apperson of Filipino descent regardless of generation;

(ce) Acchild born to a mother, who is a foreign national, during her temporary
visit abroad, the mother being a lawful permanent resident of the Philippines, if
accompanied by or coming to join the mother who applies for admission within five (5)
years from the birth of the child;

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

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

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

(g) A spouse, parent, child, or legitimate sibling of a foreign national who is
gainfully employed and holder of a permanent resident status for at least seven (7)

years.

CHAPTER 3
NATIVE-BORN FOREIGN NATIONALS

SEC. 33. Status of Children Born to Immigrants. — A child bom in the
Philippines to parents who are foreign nationals and lawful residents of the Philippines

‘shall be deemed a native-born permanent resident.



SEC. 34. Status of Children Born to Non-immigrants. — A child bom 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 or she reaches the age of eighteen (18) years
while continuously residing in the Philippines, in which case he or she may apply for

naturalization under existing laws or for an appropriate visa.

CHAPTER 4
ADJUSTMENT OF STATUS

SEC. 35. Conditions for Adjustment of Status of Foreign Nationals. — The
status of a foreign national admitted into the Philippines as a Non-Immigrant may be
adjusted by the Board of Commissioners to that of a foreign national lawfully admitted
as a permanent resident if: (a) the foreign national makes an application for such
adjustment; (b) the foreign national is eligible to receive a quota or non-quota immigrant
visa and is admissible to the Philippines as a permanent resident: and (c) a quota
immigrant visa, if such is the case, is immediately available to him or her at the time of
his or 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 or her application.

SEC. 36. Effect of Approval on Application for Adjustment. — Upon the
approval of an application for adjustment of status under the preceding section, the
Chief Commissioner shall record the foreign nationals lawful admission as a permanent
resident as of the date of the approval of the application and shall be included as part of

the quota for the calendar year in accordance with Section 29 of this Act.

SEC. 37. When Adjustment of Status is Not Allowed. — Adjustment of status
under Section 35 of this Act shall not be applicable to a foreign national who has

violated or is in violation of immigration laws, rules, and regulations, unless the same is



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without the fault of the foreign national or for purely technical reasons, or who is a

transient.

SEC 38. Loss of Status. — A registered foreign national, except a temporary
visitor, who fails to return to the Philippines within a period of one (1) year from his or
her departure shall loss his or her status as such. A registered foreign national may
apply for an extension of the period within which to return prior to its expiration and pay

the prescribed fees and charges therefor in order to maintain his or her visa category.

CHAPTER 5
DOCUMENTATION AND ADMISSION OF NON-IMMIGRANTS

SEC. 39. Documentary Requirements of Non-immigrants. — Non-immigrants
must present for admission into the Philippines valid passports issued by the
governments of the countries to which they owe allegiance or other travel documents
showing their nationality and identity as prescribed by regulations, a valid visa granted
by the Consular Officer, if required, and such other relevant documents as may be

required under existing laws, rules, regulations, or multilateral or bilateral agreements

SEC. 40. 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 28(a) of this Act shall not exceed fifty-nine (59) calendar days from
the date of arrival, subject to bilateral, regional, and multilateral visa agreements
entered into by the Philippines; Provided, that the conditions for extensions and total
period of authorized stay shall be prescribed by the Chief Commissioner; Provided,
further, that during the foreign national's authorized stay: (a) he or she shall not take
any employment, whether paid or unpaid; (b) he or she shall not establish or take part in
any business; or (c) he or she shall not enroll and become a student at a school,

college, university, academy, or other educational institution, unless he or she is



granted, upon proper application, a conversion to another immigration status provided

under this Act.

SEC. 41. Conditions for Issuance of Pre-arranged Employment Visas. — A
foreign national who is coming to the Philippines for pre-arranged employment shall not
be issued a non-immigrant visa referred to in Section 28(g) until the Consular Officer
shall have received authorization for the issuance of the same. Such authorization shall
be given only upon the filing of a petition with the Board establishing, among others, that
no person can be found in the Philippines willing and competent to perform the work or
service for which the foreigner is desired and that the admission would be beneficial to
the public interest. The petition shall be under oath by the prospective employer or the
latter's representative in the form and manner prescribed by the Board.

If the Board finds that the petition complies with the requirements of the
preceding paragraph and of other regulations, it shall grant the petition and shall

promptly transmit the authorization to the Department of Foreign Affairs.

SEC. 42. Submission of Crew List and Passenger Manifest to the
Commission. — Simultaneous to the vessel's departure from the port of origin, the
master, captain, agent, owner, or consignee of any commercial vessel arriving to the
Philippines shall submit to the Commission, within a reasonable time prior to such
arrival, the crew lists, passenger manifests, and such other information concerning the
persons arriving on such a vessel. In the same manner and condition, the master,
captain, agent, owner, or consignee of any commercial vessel departing from any port
in the Philippines shall submit to the Commission, within a reasonable time prior to such
departure, the crew list, passenger manifest, and such other information concerning the
persons departing on such vessel. The crew list of an incoming sea craft shall contain

the appropriate visas granted by the Consular Officer.

SEC. 43. 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



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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 Chief Commissioner.

SEC. 44. 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 Chief Commissioner. All
expenses incurred by the Commission while the crewmember is on land shall be borne

by the master, captain, agent, owner, or consignee of the carrying vessel.

CHAPTER 6

DOCUMENTATION AND ADMISSION OF IMMIGRANTS

SEC. 45. Documentary Requirements of Immigrants; Instances When Not
Required. — \mmigrants must present for admission into the Philippines valid
passports or travel documents issued by the government of the country to which they
owe allegiance, showing their nationality and identity and valid immigrant visas
indicating the date of issue and the period of validity thereof. Immigrant visas shall not
be required of the following:

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

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

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

admission a valid reentry permit.


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CHAPTER 7
VISA ISSUANCE

SEC. 46. Nature of Visa. — Nothing in this Act shall be construed to
automatically entitle any foreign national to whom a visa or other travel document has
been issued to enter the Philippines if, upon arrival at a port of entry, he or she is found

to be inadmissible under this Act or any other law.

SEC 47. Visa Policy. — The policies governing the issuance, extension, renewal,
and conversion of visas referred to in Sections 28 and 32 hereof shall be jointly
formulated by the Commission and the Department of Foreign Affairs and, when

appropriate, in consultation with concerned government agencies and offices.

SEC. 48. Visa Issuance Abroad. - All visas issued abroad shall be done by
Consular Officers assigned at Philippine Foreign Service posts in the following manner:
(a) Upon approval by the Chief Commissioner and recommendation of a
Consular Officer, a quota immigrant visa may only be issued to a foreign national who
has made a proper application therefor, which shall specify the foreign country, if any, to
which the quota the number is assigned, the immigrant’s particular status in such
country, the preference to which the foreign national is classified, the date on which the
validity of the visa shall expire, and such additional information as may be required; and
(b) The Department of Foreign Affairs, through its Consular Office abroad and/or
the Office of the Visa Director, shall approve the issuance of non-quota immigrant and
non-immigrant visas to a foreign national who has made a proper application therefor.
The issuance of special non-immigrant visas falling under the jurisdiction of a
particular government office or agency can only be done in coordination with and upon

recommendation of the government agency or office concerned.



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SEC. 49. Requirements for Physical and/or Mental Examination Prior to
Issuance of Immigrant Visa. — Prior to the issuance of an immigrant visa to any
foreign national, the Consular Officer shall require such person to submit to a physical
and mental examination in accordance with such regulations as may be prescribed by

the Commissioner.

SEC. 50. Visa Validity Period. — A single-entry non-immigrant or immigrant
visa issued by a Consular Officer abroad pursuant to Section 48 of this Act shall be
valid for a period not exceeding three (3) months: Provided: That in prescribing the
validity period of a single-entry non-immigrant visa, the Consular Officer may, insofar as
practicable, allow a longer validity period based on reciprocity as accorded by the
foreign country to citizens of the Philippines who are within a similar class

An immigrant visa may be replaced under the original number during the
calendar year in which the original visa was issued for a foreign national who
establishes to the satisfaction of the Consular Officer that he or she was unable to use
the original immigrant visa during the period of its validity for reasons beyond his or 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. 51. Denial of Visa, Grounds Thereof. — The Consular Officer may deny
the application for visa if (a) it appears from the statements in the application or in the
documents submitted the applicant is not eligible for a visa under this Act or (b) he or

she fails to comply with the requirements of the provisions of this Act.

SEC. 52. Revocation of Visa Issued by Consular Officer. — The Chief
Commissioner may, for valid cause and upon confirmation by the Department of
Foreign Affairs, revoke the visa issued by any Consular Officer. If the notice of
revocation is not received and the visa holder applies for admission into the Philippines,
his or her admission or entry shall be determined by the Immigration Officer upon his or

her arrival at the port of entry.



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CHAPTER 8
RE-ENTRY AND EMIGRATION CLEARANCE

SEC. 53. Re-entry. — Every time a registered foreign national, except a
temporary visitor, departs or is about to depart temporarily from the Philippines with the
intention to return within one (1) year from departure, the foreign national must secure
from the Commission a re-entry permit, or if his or her authorized stay is less than one
(1) year, a Special Return Certificate, and pay the corresponding fees and charges

therefor.

SEC. 54. Emigration Clearance. — A registered foreign national who departs
permanently from the Philippines shall surrender all Philippine immigration documents
to the Commission and apply for and be issued an Emigration Clearance Certificate,
subject to the following conditions:

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

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

(c) There is no ongoing legislative inquiry where the immigrant is called upon to
testify as a resource person or witness.

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

prescribed fees and charges therefor.

CHAPTER 9
PRESIDENTIAL PREROGATIVES

SEC. 55. Presidential Prerogatives. — Any provision of this Act to the contrary

notwithstanding, the President may:



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

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

(c) Change the status of Non-Immigrants by allowing them to acquire
permanent residence status without the necessity of a visa;

(d) Deport any foreign national, subject to the requirements 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 or she may prescribe; and

(Exercise, with respect to foreign nationals in the Philippines, such powers

as are recognized by the generally accepted principles of international law.

TITLE IV

PROVISIONS RELATING TO ENTRY

CHAPTER 1

CLASSIFICATION OF PORTS OF ENTRY

SEC. 56. Authority to Classify Ports. — The Chief Commissioner shall classify
and designate, from among the ports of entry established by law for immigration
purposes, limited or unlimited ports of entry through which foreign nationals may be
admitted into the Philippines. Only such classes of foreign nationals as provided under
the rules and regulations prescribed by the Chief Commissioner may be admitted at
limited ports of entry. The Chief Commissioner may, after due notice to the public, close

designated ports of entry in the interest of national security or public safety.



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CHAPTER 2
PROCEDURES ON ARRIVAL

SEC. 57. Inspection by Immigration Officer. — A foreign national seeking
admission or readmission shall present his or 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 challenged by another Immigration Officer. The final determination of
admissibility of such foreign national shall be determined by the Chief 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. 58. Detention or Quarantine for Examination. — For the purpose of
determining whether a foreign national arriving at any port in the Philippines belongs to
any of the classes excludable under this Act by reason of being afflicted with any of the
contagious or communicable diseases or mental disorders set forth under Section 69(a)
of this Act or whenever the Chief 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. 59. Medical Examination Requirement. — Any artiving foreign national
whom the examining Immigration Officer believes to belong under the class of
excludable foreign nationals specified in Section 69(a) herein shall be referred to
designated medical officers for physical and mental examination. Such medical officer

shall certify his or her findings for the information of the Immigration Officer.


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SEC. 60. Arrival Notice Requirements of Vessel. — The immigration authorities
shall be given prior notice of the arrival of any civilian vessel before such vessel comes
into any area in the Philippines from any place outside thereof. Such prior notice shall
not be required in the case of vessels with scheduled arrivals filed with the Immigration
Officer in charge at the international port of entry.

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

SEC. 61. 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) Crew list;

(c) Passenger manifest;

(a) Port of last departure;

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

(f) Estimated time of arrival; and

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

CHAPTER 3

FOREIGN CREWMEMBER

SEC. 62. Conditional Permit to Disembark. — A foreign crewmember of a
vessel under Section 28(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 or she
arrived while such vessel remains in port under such terms and conditions as may be

prescribed by the Commissioner.



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

owner, operator, captain, master, pilot, agent, or consignee of such vessel.

SEC. 64, Liability for Overstaying Foreign Crewmen. — A foreign
crewmember who remains in the Philippines in excess of the period allowed in the
conditional permit issued 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 114 of this Act.

SEC. 65. Liability for Unauthorized Discharge of Foreign Crewmember. — It
shall be unlawful for any person, including the owner, operator, captain, master, pilot,
agent, or consignee of any vessel to discharge any foreign crewmember employed by a
vessel arriving in the Philippines and whilst in port, without first obtaining the prior

permission of the Chief Commi:

joner. 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 Chief Commissioner.

SEC. 66. Duty to Report Desertion or Illegal Landing of Foreign

Crewmember. —The owner, operator, captain, master, pilot, agent, or consignee of



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any vessel shall immediately report, in writing, to the Immigration Officer all cases of
desertion or illegal disembarkation in the Philippines from the vessel, together with a
description of such foreign nationals and any information that shall result in their

apprehension.

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

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

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

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

(d) such other additional information as the Chief Commissioner deems

necessary.

SEC. 68. Liability for Failure to Submit Complete, True, and Correct Report
— The owner, operator, captain, master, pilot, agent, or consignee who fails to submit a
true and complete list or report of foreign nationals or to report cases of desertion or
illegal landing shall pay 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 Chief Commissioner.

CHAPTER 4
EXCLUSIONS



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SEC. 69. Exclusion Grounds. - The following classes of foreign national shall

not be allowed entry and shall be excluded from the Philippines:

(a)

(b)

(c)

(a)

Health Related Grounds

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

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

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

Economic Grounds

4. Those likely to become a public charge;

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

Moral Grounds

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

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

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

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

Criminal and Security Grounds



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

or who attempt and conspire to commit the crime;

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

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

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

4. Those who are fugitives from justice;

a

Those who seek to enter the Philippines to engage in:
a. Espionage or sabotage, or a violation or evasion of any laws
prohibiting export of goods, technology, or sensitive information;
b. Any activity aimed to promote membership in an organization of
syndicated criminal activities;
c. Any activity the purpose of which is to overthrow the Philippine
government by force, violence or other unlawful means; and
d. Any other unlawful activity.
6. Those who are engaged or believed to be engaged or likely to engage
in, aid, abet, or finance any terrorist activity and members or

representatives of a foreign terrorist organization;

N

. 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 Chief Commissioner, if otherwise admissible;
Provided, that they present a written consent to travel from either
parent citing the purpose thereof and affirmed by a Consular Officer;
and

9. Those who have been identified by competent authorities, local and
foreign, as having engaged or are engaging in importation of

contrabands and other prohibited articles into the country.

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

agent, owner, or consignee of the carrying vessel.

SEC. 71. Finality of Exclusion Order. — An order by the Immigration Officer to
exclude a foreign national who is excludable under Section 69 hereof is final and
executory unless revoked by the Chief Commissioner upon a timely appeal prior to the

implementation of the exclusion order.

SEC. 72. Authority to Waive Grounds for Exclusion. — Except for grounds of
exclusion under Section 69(d), subparagraphs 1 to 7 and 9, the Chief Commissioner

may waive any of the grounds for exclusion mentioned therein.

SEC. 73. 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 or she boarded the vessel on which he



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or she arrived, unless the Chief Commissioner determines that immediate removal is
not proper and practicable. The cost of detention and other expenses incidental thereto
shall be borne by the owner, operator, master, pilot, captain, agent, or consignee of the

vessel on which he or she arrived.

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

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

(b) The country of the foreign national's birth;

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

(4) The country willing to accept the foreign national into its territory, if removal

to any of the foregoing countries is impractical or impossible.

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

(a) Board a foreign national ordered excluded and removed under Section 69
hereof in the same vessel or another vessel owned or operated by the same company;

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

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

(d) Remove a foreign national from the Philippines to the country to which the
individual's removal has been directed; or

(e) Pay the cost of detention and other expenses incidental thereto of a foreign
national incurred while being detained as required by Section 73 of this Act or other

costs necessary or incidental to his removal as provided in this Act.


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

as approved by the Chief Commissioner.

TITLE V
DEPORTATION
CHAPTER 1
DEPORTABLE FOREIGN NATIONALS

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

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

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

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

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

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

(f) Those who believe in, advise, advocate, or teach the overthrowing by force

and violence of the Government of the Republic of the Philippines, or duly constituted



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

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

terrorist activity;

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

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

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

(k) Those who violated Philippine labor and tax laws, rules, and regulations;

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

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

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

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



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matter; and

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

the sentence before being deported.

SEC. 78. Non-Prescription of Deportation Cases. — The right of the State to

initiate at any time deportation proceedings shall not prescribe.

SEC. 79. Nature of Deportation Proceedings. — Deportation proceedings shall
be independent of any action that may be instituted against a foreign national; Provided,
that no deportation orders shall be issued against foreign nationals facing preliminary

investigation, prosecution, and trial before competent authorities.

CHAPTER 2
DEPORTATION OF FOREIGN NATIONALS

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

national.

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

Chief Commissioner.



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

immediate deportation by order of the Board

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

written authorization from the Chief Commissioner.

SEC. 84. Period to Enforce Order of Deportation. — The order of deportation
shall be enforced immediately but in no case shall exceed three (3) months from the
date it has become final and executory. If deportation is not enforced within the

prescribed period, the foreign national may be released on bail or recognizance.

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

(a) Age, health, family, or conduct;

(b) Period of detention;

(©) Impact on national security and public welfare;

(4) Unavailability of travel documents;

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

(f) Other humanitarian considerations.

SEC. 86. Reinstatement of a Deportation Order. — A deportation order



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previously implemented against a foreign national who unlawfully re-entered the
Philippines shall be deemed automatically reinstated and shall be implemented in
accordance with this Act. This provision shall also apply to a foreign national who

departed voluntarily under Section 83 hereof.

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

country.

SEC. 88. Cost of Deportation. — The cost of deportation shall be borne by the
owner, operator, captain, master, pilot, agent, or consignee of a vessel in case its
foreign crewmember is to be deported for violation of Section 89 of this Act. In all other
cases, the cost of deportation shall be borne by the deporte himself or herself, the
concerned consular office, nongovernment organizations, or people's organizations with
which the Commission has an agreement on this matter, or from the appropriations for

the enforcement of this Act.

SEC. 89. Liability of Owner, Operator, Captain, Master, Pilot, Agent, or
Consignee of a Vessel. — Failure or refusal on the part of the owner, operator, captain,
master, pilot, agent, or consignee of a vessel to take on board, guard safely and
transport the deporte to the foreign national's country of destination, or to shoulder the
cost of deportation of the foreign crew member as provided in Section 88 hereof, shall

be punished by an administrative penalty prescribed under this Act.

SEC. 90. Expenses of Accompanying Person. — The Chief Commissioner
may, for by reason of security or the mental or physical condition of the deportee, direct

an employee of the Commission to accompany such deportee to the country of the


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person's destination, subject to the provisions of the immediately preceding sections.

CHAPTER 3
INDIGENT FOREIGN NATIONAL

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

This provision shall not apply to a foreign national declared an indigent by any
Philippine court for purposes of filing a case or to pursue a cause of action which
resulted in the individual's indigency until such action is resolved with finality; Provided,

that no other grounds for deportation exist during the pendency of the same.

TITLE VI
MISCELLANEOUS PROVISIONS

CHAPTER 1

REGISTRATION OF FOREIGN NATIONALS

SEC. 92. Requirement of Registration. — All foreign nationals shall register
with the Commission or any Immigration Office nearest to the place of residence on or

before the sixtieth (60") day of his or her latest arrival in the Philippines.

SEC. 93. Registration Form and Oath. — Applications for registration shall be
under oath and in such form as prescribed by the 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. 94. Amendment of Registration. — A registered foreign national shall
notify the Commission in writing of any change of information in the person's registration

documents not later than seven (7) days thereof.

SEC. 95. Presentation of Certificate of Registration. — Every foreign national
required to register under this Act or the parent or guardian of such foreign national
shall, upon demand of any person authorized by the Chief Commissioner, present his or
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. 96. Reportorial Requirements. — Every foreign national registered under
this Act shall, within the first sixty (60) days of every calendar year, report in person to
the Commission. The Chief Commissioner may exempt personal appearance of foreign
nationals registered under this Act subject to certain requirements and conditions as

may be prescribed in the rules and regulations issued for the purpose.

SEC. 97. Failure to Comply with Requirements. — A foreign national, or the
parent or guardian of the foreign national, as the case may be, who, without justifiable
reason, fails to comply with all the requirements under this Act, or who files an
application for registration containing statements known by the individual to be false, or
who utilizes registration documents other than that of the individual, shall be dealt with

in accordance with the provisions of this Act and other existing laws.

SEC. 98. Cancellation of Registration of Foreign National. — in case of death
of a foreign national registered under the provisions of this Act, the legal heir,
representative, or administrator of the foreign national must inform the Commission

within sixty (60) days from death and the Commission shall cancel such registration



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

provisions of existing laws.

CHAPTER 2
BONDS AND DEPOSITS

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

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

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

(c) To insure the appearance of foreign nationals released from custody during

the course of deportation proceedings instituted against them.

SEC. 100. 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. 101. Cancellation and Forfeiture of Bonds. — When the conditions of the
bond are fulfilled, or in case of a bond posted to insure against a foreign national
becoming a public charge, when the Chief Commissioner decides that the likelihood no
longer exists, or death of the foreign national in whose behalf the bond is posted, the
bond shall be cancelled and released to the depositor or the legal representative of the

foreign national. In case of violation of the conditions of the bond, the same shall be


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forfeited and deposited in a trust fund account, which may be utilized for the purchase of
passage tickets for removal of indigent foreign nationals and to cover the costs of

operations in locating deportes who jump bail.

CHAPTER 3

RECOGNIZANCE

SEC. 102. Petitions for Recognizance, Sanction for Breach of Conditions.
— The Chief Commissioner may order the release of a foreign national upon
recognizance of the individual's lawyer or a person who is of good standing in the
community, under such terms and conditions as he or she may prescribe. Failure to
comply with the terms and conditions of the recognizance shall subject the said lawyer
or person to an administrative fine of not less than Fifty Thousand Pesos (P50,000.00)
but not more than One Hundred Thousand Pesos (P100,000.00), without prejudice to

other administrative sanctions or proceedings against the erring party.

CHAPTER 4
COOPERATION AND COORDINATION WITH OTHER OFFICES

SEC. 103. 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. 104. 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. 105. Coordination with Law Enforcement, Security, and Other Offices.

— The Chief Commissioner shall have authority to maintain coordination with the



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

of this Act.

CHAPTER 6
ADMINISTRATIVE FINES AGAINST VESSELS

SEC. 107. 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. 108. Fine for Violation of Obligation on the Landing or Removal of
Foreign Nationals. — A pilot, master, agent, owner, or consignee of any vessel arriving
at a port of the Philippines from a place outside thereof for having a foreign national on
board in violation of this Act shall be fined not less than Fifty Thousand Pesos
(P50,000.00) but not more than Two Hundred Thousand Pesos (P200,000.00) for each
act of violation consisting of:

(a) Failure to prevent the landing of such foreign national in the Philippines at

any time or place other than as designated by the Immigration Officer;



(b) Refusal or failure to pay the cost of maintenance and other costs, as
required by Section 70 of this Act, of such foreign national when temporarily removed
from the vessels for examination by order of the immigration officer;

(c) Refusal to receive such foreign national on board for removal from the
Philippines if the foreign national is excluded, or to pay the cost of removal, if by another
vessel as required under Section 75 of this Act;

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

SEC. 109. Fine for Bringing an Undocumented Foreign National. — The
pilot, master, agent, owner, or consignee of the vessel arriving at a port in the
Philippines from a place outside thereof bringing on board an undocumented foreign
national shall be fined One Hundred Thousand Pesos (P100,000.00) for each foreign
national. If such foreign national is afflicted with a communicable or contagious disease
or is suffering from mental disorder, the fine shall be not less than Two Hundred
Thousand Pesos (P200,000.00) but not more than Three Hundred Thousand Pesos

(P300,000.00) for each foreign national.

SEC. 110. Fine for Bringing a Foreign National to Assist His Illegal Entry or
Misrepresenting a Foreign National as a Member of the Crew. — The pilot, master,
agent, owner, or consignee of the vessel arriving at any port in the Philippines from a
place outside thereof bringing on board a foreign national bound for the Philippines to
assist the illegal entry of the foreign national, or misrepresenting the foreign national to
the Immigration Officer at the port of arrival as a bona fide member of the crew, shall be
fined not less than One Hundred Thousand Pesos (P100,000.00) but not more than

Two Hundred Thousand Pesos (P200,000.00) for each foreign national.

SEC. 111. 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


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

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

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

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

(4) 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 or herself to be a Philippine citizen;

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

(9) Brings into, or lands in the Philippines, or conceals, harbors, employs, or

gives comfort to any person not duly admitted by any Immigration Officer or not lawfully



CHAPTER 8

3 UPGRADING OF COMPENSATION AND BENEFITS

5 SEC. 115. Creation and Upgrading of Compensation. — The basic

6 compensation of the following officials and employees of the Commission shall be as

7 follows:

8 Position Salary Grade

9 From To
10 Chief Commissioner III 30 30
u Commissioner III 29 29
12 Executive Director ” 28
B Attorney V 25 28
i4 Deputy Executive Director | 25 27
is Chief Administrative Officer 24 27
16 Chief Immigration Officer 24 27
7 Intelligence Officer V 24 27
18 Information Technology Officer II! 24 27
9 Attorney IV 23 27
20 Attomey III 21 26
2 Attorney II 18 25
2 Intelligence Officer IV 22 25
23 Supervising Immigration Officer 22 25
24 Supervising Administrative Officer 22 25
25 Accountant II! 19 25
26 Attorney | 16 24
7 Senior Immigration Officer 19 23
28 Administrative Officer V 18 23
29 Border Control Officer - 22

30 Intelligence Officer III 18 21



Immigration Officer III 16 21

Intelligence Officer II 15 19
Immigration Officer I 13 19
Immigration Office | 41 7
Intelligence Officer | " 7

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

thereof.

CHAPTER 9
TRANSITORY PROVISIONS.

SEC. 116. Interim Management. — The incumbent Commissioner and two
Deputy Commissioners of the Bureau of Immigration, if qualified under this Act, shall
discharge the functions of Chief Commissioner and Commissioners of the Commission,
unless new officials are appointed by the President. All personnel of the Bureau of

Immigration shall continue to discharge the functions of their position.

SEC. 117. Staffing Pattern and Salary Schedule. — To carry out the provisions
of this Act, the Chief Commissioner shall submit a new staffing pattem and salary
schedule for personnel services to the Secretary of Budget and Management in
accordance with Section 115 taking into account the Salary Standardization Law and

other applicable laws under the National Compensation and Classification Plan.


This provision shall also apply and benefit public officers who are sued for
acts committed in their official capacity, there being no grave abuse of authority, and
done in the course of enforcing this Act, its rules, regulations and guidelines

SEC, 28. Burden of Proof of Product Safety. - The burden of proof to prove the
exercise of due diligence, compliance with this Act and other laws, rules and
regulations relating to consumer products, precaution, and to prove the absence of
fault and/or negligence shall lie with the manufacturer, producer, assembler
importer, and/or seller of the children’s product involved or concerned

SEC. 29. Appropriations. - The amount as may be necessary to implement the
provisions of this Act shall be included in the annual appropriations of the DOH
under the General Appropriations Act.

SEC. 30. Congressional Oversight Committee. ~ The joint Congressional Oversight
Committee created under Republic Act No. 9711, or the “Food and Drug
Administration (FDA) Act of 2009", shall function as the oversight committee to

monitor and evaluate the implementation of this Act

SEC. 31, Suppletory Provision. — Pertinent provisions of Republic Act No. 7394
otherwise known as the “Consumer Act of the Philippines’, shall have suppletory
effect in the implementation of this Act

SEC. 32. Implementing Rules and Regulations. — Within sixty (60) days after the
effectivity of this Act, the DOH, in coordination with the DTI, the DENR and the DOF,
through the BOC, shall issue the rules and regulations to implement the provisions of
this Act.

SEC. 33. Separability Clause. — If, for any reason, any provision or part hereof is
declared invalid, the other provisions not affected thereby shall remain in full force

and effect

SEC. 34 Repealing Clause. — All jaws, decrees, executive orders, rules and
Tegulations or parts thereof inconsistent with the provisions of this Act are hereby

repealed, amended or modified accordingly


| SEC. 35. Effectivity, — This Act shall take effect fifteen (15) days after its publication

2 _ In the Official Gazette or in a newspaper of general circulation