FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
, 
) 
) 
) 
SENATE BILL NO. 2006 
Introduced by HON. EDGARDO J. ANGARA 
EXPLANATORY NOTE 
The current organization, system and operations of the Bureau of Immigration 
are governed by Commonwealth Act No. 613, or the Philippine Immigration Act of 1940. 
Notwithstanding the amendments which have been introduced thereto over the years, 
the law needs to be further amended to enable our own Bureau of Immigration to adapt 
to the changing times. 
The Bureau needs to evolve into an agency that is more 
responsive to the challenges brought about by the advancement in science and 
technology. 
This bill, therefore, seeks to reorganize the Bureau of Immigration and institute 
the same into a Commission. 
It defines the functions of each department created 
thereunder to avoid red tape and overlapping of functions, and likewise seeks to 
introduce changes to the now antiquated systems and procedures on immigration being 
used in our country. To attract foreign investments, more visa categories and privileges 
to foreign investors will likewise be made available. To protect the safety and security 
of our people, the classifications of foreigners or aliens who shall be disqualified to enter 
the county are also expanded. Moreover, penalties for foreigners or aliens who shall be 
engaged in unlawful activities are further strengthened. 
In introducing these amendments, it is hoped that a more responsive immigration 
law shall augur well for the protection of the security, safety and well-being of our 
people. 
In view of the foregoing considerations, the immediate approval of the bill is 
earnestly recommended. 
w.~~ 
Senator 


1 
2 
3 
4 
1,,"". 
REPUBLIC OF THE PHILIPPINES 
SENATE OF THE PHILIPPINES 
Pasay City, Metro Manila 
FIFTEENTH CONGRESS 
First Regular Session 
SENATE BILL NO. __ 2_0_0_6_ 
Introduced by: HON. EDGARDO J. ANGARA 
PHILIPPINE IMMIGRATION ACT OF 2010 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
TITLE I 
GENERAL PROVISIONS 
5 
SECTION 1. Title of the Act. -
This Act shall be known as the "Philippine 
6 
Immigration Act of 2010". 
7 
SEC. 2. Declaration of Policy. -
In relation to other states, the Philippines shall 
8 
give paramount consideration to national sovereignty, territorial integrity, national 
9 
security, national interest, and the right to self-determination, as it adheres to the policy 
10 
of peace, cooperation and amity with all nations. Toward this end, Philippine immigration 
11 
policies, rules and regulations under this Act shall be applied and administered in the 
12 
promotion of domestic and international interests of the Philippines, in recognition of: 
13 
(a) The admission of foreign nationals for the purpose of enhancing capital 
14 
investments, trade and commerce, cultural exchanges and other forms of friendly 
15 
relations and cooperation; 
16 
(b) The need for increased technological and scientific development; 
17 
(c) Promotion of conditions for social welfare and economic security of the people; 


2 
(d) Compliance with obligations and standards set by international law in the 
2 
admission or exclusion of foreign nationals; 
3 
(e) Promoting international order and justice by denying the use of Philippine 
4 
territory to persons who are engaged or likely to engage in terrorism, human smuggling 
5 
and trafficking, criminal and other nefarious activities; 
6 
(f) Modernization of structures and mechanisms necessary for the administration of 
7 
immigration laws in keeping with the changing demands of the country's role in the global 
8 
community; and 
9 
(g) Professionalization of the immigration service by instituting a rigid system of 
10 
screening and selection of immigration officials and employees and promoting their 
11 
development. 
12 
SEC. 3. 
Definition of Terms. -
As used in this Act, the following terms are 
13 
defined as follows: 
14 
(a) 
"Admission" refers to the process by which a foreigner arriving at a port of 
15 
entry in the Philippines is allowed into the country by the immigration authorities; 
16 
(b) 
"Board" refers to the Board of Commissioners; 
17 
(c) 
"Border Control Officer" refers to any person tasked to man the border control 
18 
station as provided under Section 26 of this Act; 
19 
(d) 
i'Captain" refers'to the master of a vessel or pilot of an aircraft; 
20 
(e) 
"Child" refers to a person below eighteen (18) years of age; 
21 
(f) 
"Citizen" refers to any person who is a citizen of the Philippines under Section 
22 
1, Article IV of the Constitution of the Republic of the Philippines; 
23 
(g) 
"Commission" refers to the Commission on Immigration; 
24 
(h) 
"Commissioner" and "Deputy Commissioner" refer to the Commissioner of 
25 
Immigration and the Deputy Commissioner of Immigration, respectively; 


3 
(i) 
"Commitment Order" refers to an order issued by the Commissioner under 
2 
Section 7 (c) (2) of this Act that directs the detention of a foreigner after it has been 
3 
determined that a probable cause exists that he/she committed acts and/or omissions in 
4 
violation of Philippine immigration laws, rules and regulations, or during the pendency of 
5 
deportation case against such foreigner: Provided, That such detention shall not exceed 
6 
three (3) months, unless there exists other legal grounds for continued detention; 
7 
(j) 
"Consular officer" refers to any consular, diplomatic, or other officer of the 
8 
Government of the Philippines who has been duly granted a consular commission for the 
9 
purpose of issuing visas under this Act; 
10 
(k) 
"Entry" refers to the arrival of a foreigner into any designated port of entry in 
II 
the Philippines from a place outside thereof. A foreigner having a lawful permanent 
12 
residence in the Philippines shall not be regarded as making an entry for the purpose of 
13 
this Act if such foreigner proves that his/her departure to a place outside the Philippines 
14 
was for a temporary or limited period, or his/her continued absence from the Philippines 
15 
was occasioned by deportation proceedings, extradition, or other legal process; 
16 
(I) 
"Exclusion" refers to the act of Immigration Officers denying admission of a 
17 
foreigner into the country on grounds provided for in this Act; 
18 
(m) "Foreigner" or "Foreign National" refers to any person not a citizen of the 
19 
Philippines; 
20 
(n) 
"Hold Departure Order" refers to (1) a directive that commands the 
21 
Commissioner to prevent a foreigner from leaving the territorial jurisdiction of the 
22 
Philippines in cases of grant of bail and recognizance pending implementation of 
23 
Summary Deportation Order, or (2) an order implementing a directive from the President,. 
24 
the Senate, the House of Representatives, the Department of Justice (DOJ), Regional 


4 
Trial Courts, Sandiganbayan, and appellate courts to prevent a person from leaving the 
2 
Philippines to any place outside thereof; 
3 
(0) 
"Husband" and/or "Wife" refer(s) to those regarded as such by the laws of 
4 
the country of which they are nationals but shall not include husband or wife by reason of 
5 
proxy or "picture marriage"; 
6 
(p) 
"Immigrant" refers to any foreign national departing from any place outside the 
7 
Philippines destined for the Philippines, other than a non-immigrant; 
8 
(q) 
"Immigration laws" refers to this Act and any other law presently existing or 
9 
which may hereafter be enacted relating to movement of natural persons to and from the 
10 
Philippines, and their exclusion, interception, deportation and repatriation; 
11 
(r) 
"Immigration Officer" refers to any person appOinted under Section 28 of this 
12 
Act or any employee of the Commission designated by the Commissioner to perform the 
13 
powers, duties and functions of an Immigration Officer as specified under this Act; 
14 
(s) 
"Interception" refers to the act of Immigration Officers denying departure 
15 
clearance to any person leaving the country on grounds provided for in this Act; 
16 
(t) 
'~Non-immigrant" refers to any foreigner departing from any place outside the 
17 
Philippines who is allowed entry and admission into the Philippines for a temporary or 
18 
limited period of stay; 
19 
(u) 
"Non-refoulement" means a principle of international law which prohibits the 
20 
forced return of a refugee to the state or territory where his/her life or liberty would be 
21 
threatened; 
22 
(v) 
"Passport" means a document issued by the Philippine government to its 
23 
citizens requesting other governments to allow its citizens to pass safely and freely, and in 
24 
case of need to give him all lawful aid and protection; 


5 
(w) "Person" refers to natural and juridical person such as partnerships, 
2 
corporations, companies, and associations; 
3 
(x) 
"Port of entry" 
refers to any port designated by competent 
authority in 
4 
accordance with law through which a foreigner may apply to the Immigration Officer 
5 
thereat for admission into the Philippines; 
6 
(y) 
"President" refers to the President of the Republic of the Philippines; 
7 
(z) 
"Refugee" refers to a person who, owing to a well-founded fear of being 
8 
persecuted for reasons of race, religion, nationality, membership of a particular social 
9 
group, or political opinion, is outside the country of his/her nationality, and is unable or, 
10 
owing to such fear, is unwilling to avail of the protection of that country; or who, not having 
II 
a nationality and being outside the country of his/her former habitual residence, is unable 
12 
or, owing to such fear, is unwilling to return to it; 
13 
(aa) "Seaman," "Seafarer" or "Crewmember" refers to a person actually employed 
14 
in the operation or service in any capacity on board a vessel; 
15 
(bb) "Secretary" refers to the Secretary of the Department of Justice; 
16 
(cc) "Stateless Person" refers to a person who is not considered a national by any 
17 
State under its laws; 
18 
(dd) "Travel document" refers to a certification or identifying document containing 
19 
the description and other personal circumstances of its bearer, issued for direct travel to 
20 
and from the Philippines valid for short periods or a particular trip. It is issued only to 
21 
persons whose claim to Philippine citizenship is doubtful or who fall under the category 
22 
enumerated in Section 13 of Republic Act No. 8239, otherwise known as 'The Philippine 
23 
Passport Act of 1996"; 
24 
(ee) 'Vessel" refers to all means of conveyances, whether aircraft or sea craft; 


6 
(ff) 
"Visa" refers to an endorsement on a passport or any travel document issued 
2 
by a consular officer abroad authorizing the holder thereof to proceed to a designated port 
3 
of entry in the Philippines and there to apply for entry and admission under the status 
4 
specified therein; or immigration status granted and/or issued to foreigners by the 
5 
Commissioner or the Board under this Act; and 
6 
(gg) "Watch list Order" refers to an order issued by the Commissioner under 
7 
Section 7 (c) (4) of this Act that requires immigration personnel to monitor and/or prevent 
8 
the departure of any person for a period of fifteen (15) days, extendible for another fifteen 
9 
(15) days, and to notify concerned government or law enforcement agencies, when 
10 
his/her presence is required in criminal or legislative proceedings, or he/she poses or may 
11 
pose a threat to national security, public health or public safety. 
12 
TITLE II 
13 
COMMISSION ON IMMIGRATION 
14 
CHAPTER 1 
15 
THE COMMISSION 
16 
SEC. 4. Creation. -
The Commission on Immigration is hereby created. It shall 
17 
be principally responsible for the administration and enforcement of this Act, and the 
18 
implementation of all laws, rules, regulations or orders of any competent authority 
19 
concerning the entry and admission into, stay in, and the departure from the Philippines of 
20 
all persons. The Commission shall be under the general supervision of the Department of 
21 
Justice. 
22 
SEC. 
5. 
Composition and Qualification. -
The Commission shall be 
23 
administered by the Board of Commissioners headed by the Commissioner as 
24 
Chairperson, and four (4) Deputy Commissioners as members, all of whom shall be 
25 
natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-


7 
five (35) years of age, holders of a college degree and with proven capacity for 
2 
administration: Provided, That the majority or three (3) members including the 
3 
Chairperson of the Commission shall be members of the Philippine Bar in good standing 
4 
for at least five (5) years. 
5 
CHAPTER 2 
6 
THE COMMISSIONER 
7 
SEC. 6. Appointment and Rank of the Commissioner. -
The Commissioner 
8 
shall be appointed by the President and shall have the same rank, salary, and privileges 
9 
of an Undersecretary of a Department. 
10 
SEC. 7. Powers and Functions of the Commissioner. - In addition to the duties 
II 
as Chairperson of the Board of Commissioners, the Commissioner shall exercise the 
12 
following powers and functions: 
13 
14 
(a) 
(b) 
Supervise, direct and coordinate the overall operations of the Commission; 
Appoint, and exercise control and supervision over, the officers and 
15 
personnel of the commission, subject to existing civil service laws, rules and regulations; 
16 
(c) 
Issue, (1) letter orders after determination of the existence of probable 
17 
cause; (2) commitment or release orders; (3) warrant of deportation; (4) watchlist orders; 
18 
(5) hold departure orders; (6) allow entry or departure orders; (7) blacklist orders; and (8) 
19 
orders implementing watchlist orders issued by the Department of Justice; 
20 
(d) 
D,elegate 
authority to 
subordinate 
officers 
and 
employees of the 
21 
Commission, except with regard to powers and functions enumerated in the immediately 
22 
preceding paragraph, which may be delegated only to the Deputy Commissioners; 
23 
(e) 
Act on applications for issuance and extension or on petitions for 
24 
conversion, adjustment and amendment of visas; 
25 
(f) 
Act on petitions for declaration of indigency; 


8 
(g) 
Declare such control posts, landing places, airports or ports as points of 
2 
entry or exit, whether limited or unlimited; 
3 
(h) 
Increase, reduce or waive immigration fees, fines, penalties and other 
4 
charges; 
s 
(i) 
Participate as member of the Special Committee on Naturalization pursuant 
6 
to Section 6 of Republic Act No. 9139 otherwise known as "The Administrative 
7 
Naturalization Law of 2000"; 
8 
(j) 
Act on applications for retention or reacquisition of citizenship under 
9 
Republic Act No. 9225 otherwise known as "Citizenship Retention and Re-acquisition Act 
10 
of 2003"; 
11 
(k) 
Issue Certificate of Identification to foreigners who have obtained Filipino 
12 
citizenship; 
13 
(I) 
Issue letter orders and permits to carry firearms, ammunition and 
14 
communications equipment to authorized immigration operatives for use in enforcement 
15 
operations and in the execution of warrants: Provided, That such firearms are owned and 
16 
issued by the Commission; 
17 
(m) 
Inspect the documents, premises and records of persons covered by this 
18 
Act; 
19 
(n) 
Deputize any official or employee of the national government and local 
20 
government units, including uniformed personnel of the Armed Forces of the Philippines, 
21 
the Philippine National Police and the Philippine Coast Guard to perform immigration 
22 
duties and functions subject to the concurrence of the Board; 
23 
(0) 
Authorize and prescribe the forms and the amount of cash bonds for the 
24 
provisional release of respondents in deportation proceedings; 


9 
(p) 
Impose reasonable fines and penalties for violation of immigration and alien 
2 
registration laws in accordance with this Act and the guidelines adopted by the 
3 
Commission; 
4 
(q) 
Provide an express lane for the rendition of services upon payment of 
5 
prescribed fees by airlines/shipping companies or other persons served and to deposit in 
6 
a government authorized depository bank all such fees received under a trust fund that 
7 
may be made available for the payment of allowances to employees of the Commission, 
8 
subject to existing auditing and accounting rules and regulations; 
9 
(r) 
Accept donation of materials, equipment or technical services from any 
10 
foreign government, international or domestic organization, to upgrade the efficiency and 
II 
operations of the Commission; 
12 
(s) 
Submit to the President and Congress, annually or as may be directed, a 
13 
report on the: (1) number and status of foreigners in the Philippines; (2) foreigners 
14 
admitted or granted change of status as permanent residents; (3) foreigners who have 
15 
been excluded or deported from the Philippines; (4) 
estimated number of illegal 
16 
foreigners in the Philippines in each calendar year and actions taken to arrest them, by 
17 
nationality grouping, for each region in the Philippines; and (5) such other transactions of 
18 
the Commission; 
19 
(t) 
Prepare and submit supplemental budget of the Commission for the 
20 
consideration of the Department of Budget and Management; 
21 
(u) 
Prescribe such rules, regulations or other administrative issuances to carry 
22 
out the provisions of this Act; 
23 
(v) 
Prescribe the appropriate forms, bonds, reports, entries and other papers in 
24 
accordance with this Act; and 
25 
(w) 
Perform such other functions inherent to the Commission. 


10 
CHAPTER 3 
2 
THE DEPUTY COMMISSIONERS 
3 
SEC. 8. Appointment and Rank of Deputy Commissioners. -
There shall be 
4 
four (4) Deputy Commissioners who shall be appointed by the President. They shall have 
5 
the same rank, salary and privileges of an Assistant Secretary of a Department. 
6 
SEC. 9. Duties of Deputy Commissioners. -
In addition to their duties as 
7 
members of the Board, the Deputy Commissioners shall exercise additional powers, 
8 
subject to the approval of and as may be assigned by the Board, in the following areas of 
9 
concern as: 
10 
a. Deputy Commissioner for Administration, Finance, Planning, Legal and 
11 
Information and Communications Technology; 
12 
b. Deputy Commissioner for Regional Operations, Registration, Immigration 
13 
Regulation and Visa and Special Permit; 
14 
c. Deputy Commissioner for Intelligence, Enforcement, Fraud Prevention and 
15 
Complaint and Prosecution; and 
16 
d. Deputy Commissioner for International Policies, Cooperation and Social 
17 
Integration. 
18 
CHAPTER 4 
19 
THE BOARD OF COMMISSIONERS 
20 
SEC. 10. 
Powers and Functions of the Board. -
The Board shall have the 
21 
following powers and functions: 
22 
(a) Decide on deportation cases; 
23 
(b) Act on appeals on decisions promulgated by immigration hearing officers; 
24 
(c) Act on applications or recommendations for revocation of immigration status; 
25 
(d) Act on applications for recognition of Philippine citizenship by reason of birth or 


II 
marriage; 
2 
(e) Decide on applications for legalization of residence in accordance with law; 
3 
(f) Prescribe and promulgate rules of proceedings before it; 
4 
(g) Cite and punish for contempt any person in accordance with the Rules of Court; 
5 
(h) Prepare and publish operations manual and rules of procedure, including 
6 
schedule of fees, for all transactions entered into by the Commission with the public; 
7 
(i) Formulate policies, directives, programs and projects of the Commission; and 
8 
(j) Perform such other powers and functions as provided by existing laws, rules 
9 
and regulations not inconsistent with any of the provisions of this Act. 
10 
SEC. 11. Decisions of the Board. - In all cases or proceedings before the 
II 
Board, the decision of the majority shall prevail. Decisions of the Board shall become 
12 
final and executory fifteen (15) days from receipt thereof. Only one (1) motion for 
13 
reconsideration shall be filed with the Board. 
14 
Decisions in deportation cases may be appealed to the Office of the President 
15 
within fifteen (15) days from receipt thereof, whose decision shall be final and executory 
16 
unless stayed by an order of the Court of Appeals. The appeal shall stay the execution of 
17 
the decision appealed from unless the Board, in the interest of national security and/or 
18 
public safety, directs its execution pending appeal. 
19 
SEC. 12. 
Period for Decision by the Board. - The Board of Commissioners 
20 
shall decide deportation cases within thirty (30) days from the date they are submitted for 
21 
decision or resolution. 
22 
SEC. 13. 
Meetings of the Board. - In all cases, the Board of Commissioners 
23 
shall convene and act as a collegial body in all matters referred to in Section 10 of this 
24 
Act. The Board shall meet at least once a week or, if necessary, twice a week. Members 
25 
of the Board shall be notified accordingly and the presence of the Chairperson and two 


12 
(2) members shall constitute a quorum. 
2 
SEC. 14. 
Board Secretary. -
The Board shall be assisted by a Board 
3 
Secretary who shall be appointed by the Commissioner. He/she must be a member of 
4 
the Philippine, Bar in good standing for at least three (3) years prior to his/her 
5 
appointment. . He/she shall keep a docket book for deportation cases, applications for 
6 
revocation of immigration status, applications for recognition of Philippine citizenship by 
7 
reason of birth or marriage, applications for legalization of residence and applications for 
8 
refugee status. 
9 
CHAPTERS 
10 
THE EXECUTIVE DIRECTOR 
11 
SEC. 15. 
Appointment and Tenure - There shall be an Executive Director of 
12 
the Commission who shall be appointed by the Secretary upon the recommendation of 
13 
the Commissioner, and whose term shall be co-terminous with the Commissioner. 
14 
He/she must be a natural-born citizen of the Philippines, at least thirty (30) years of age 
15 
and a member of the Philippine Bar in good standing for at least five (5) years prior to 
16 
his/her appointment. 
17 
SEC. 16. Powers and Duties. - The Executive Director shall: 
18 
(a) 
Advise and assist the Commissioner in the formulation and implementation 
19 
of the objectives, policies, plans and programs of the Commission; 
20 
21 
(b) 
(c) 
Oversee all the operational activities of the Commission; 
Coordinate the programs and projects of the Commission and be 
22 
responsible for its economical, efficient and effective administration; 
23 
(d) 
Administer oaths in connection with all matters relating to the business of 
24 
the Commission; and 
25 
(e) 
Perform such other duties as may be assigned by the Commissioner. 


13 
CHAPTER 6 
2 
THE BOARD OF SPECIAL INQUIRY 
3 
SEC. 17. Constitution of Boards of Special Inquiry. There shall be constituted as 
4 
many Boards of Special Inquiry as required in the exigency of service but not more than 
5 
twelve (12). Each Board shall be composed of a Chairperson and two (2) members. The 
6 
Board 
shall 
be 
designated 
according 
to 
their 
areas 
of specialization t.o be 
7 
determined by the Board. 
8 
SEC. 18. 
Appointment and Qualification of the 
Chairpersons 
and 
9 
Members of the Boards of Special Inquiry. - The Chairpersons and members of the 
10 
Boards of Special Inquiry shall be appointed by the Commissioner, all of whom shall be 
11 
natural-bom citizens of the Philippines and, at the time of their appointment, at least thirty 
12 
(30) years of age, members of the Philippine Bar in good standing, and engaged in the 
13 
practice of law for at least three (3) years. They shall hold office during good behavior, 
14 
unless sooner removed for cause. 
15 
SEC. 19. 
Powers and Functions of the Boards of Special Inquiry. - The 
16 
Boards of Special Inquiry shall: 
17 
(a) Administer oaths; 
18 
(b) Cite and punish for contempt in accordance with the Rules of Court; 
19 
(c) Issue subpoena in cases being heard by the Board of Special Inquiry; 
20 
(d) Recommend to the Board the imposition, waiver or reduction of fees, fines, 
21 
penalties and other charges subject to existing laws, rules and regulations; 
22 
(e) Exercise exclusive original authority to hear and recommend to the Board for final 
23 
resolution the following cases: 
24 
(1) 
Deportation; 
25 
(2) 
Applications for revocation of immigration status; 


14 
(3) 
Applications for recognition of Philippine citizenship by reason of 
2 
birth or marriage; 
3 
4 
(4) 
(5) 
Applications for legalization of residence in accordance with law; 
Application for issuance of visa for stateless person; and 
5 
(f) 
Perform such other duties and functions as may be directed by the 
6 
Commissioner. 
7 
SEC. 20. 
Proceedings Before the Boards of Special Inquiry. -
The 
8 
proceedings before the Boards of Special Inquiry shall be public and recorded. 
In all 
9 
cases, the Boards of Special Inquiry shall meet and act as a collegial body. 
Only 
10 
members of the Philippine Bar in good standing shall appear for and in behalf of any party 
II 
before the Boards of Special Inquiry. 
12 
SEC. 21. 
Resolutions of the Boards of Special Inquiry. -
Cases before the 
13 
Boards of Special Inquiry shall be resolved within five (5) working days from the date the 
14 
same are submitted for resolution. Said resolution shall be submitted immediately to the 
15 
Board for action. 
16 
CHAPTER 7 
17 
DIVISIONS OF THE COMMISSION 
18 
19 
SEC. 22. Divisions and Other Operating Offices of the Commission. -
The 
20 
Commission shall have the following divisions and other operating offices, namely: (1) 
, 
21 
Administration; (2) Finance; (3) Information and Communications Technology; (4) 
22 
Planning and Research; (5) International Policies and Cooperation; (6) Social Integration; 
23 
(7) Intelligence; (8) Law Enforcement; (9) Fraud Prevention; (10) Legal; (11) Immigration 
24 
Regulation; (12) Registration; (13) Visa and Special Permit; (14) Complaint and 
25 
Prosecution; (15) Internal Audit Office; (16) National Operations Center; and (17) 


• 
• 
15 
Immigration Academy of the Philippines. 
2 
SEC. 23. 
Heads of the Divisions and Other Operating Offices. 
Each 
3 
Division and other operating offices shall be headed by a Director to be appointed by the 
4 
Secretary, upon recommendation of the Commissioner: 
Provided, however, That 
5 
Directors for the Division for Legal and the Division for Complaint and Prosecution shall 
6 
be members of the Philippine Bar in good standing, and must have been engaged in the 
7 
practice of law for at least three (3) years. The Director for Finance Division shall be a 
8 
Certified Public Accountant in good standing for at least three (3) years. 
9 
SEC. 24. 
Duties and Functions of the Divisions and Other Operating 
10 
Offices. - The different divisions and other operating offices of the Commission shall 
11 
operate in accordance with their respective duties and functions as defined by the 
12 
Commissioner, subject to the requirements of efficiency, economy, transparency, 
13 
accountability and effectiveness, and pertinent budget and civil service laws, rules and 
14 
regulations. 
15 
CHAPTER 8 
16 
REGIONAL OFFICES 
17 
SEC. 25. Field Offices of the Commission. -
The Commission shall operate and 
18 
maintain a Regional Immigration Office in each of the administrative regions ·including the 
19 
National Capital Region. 
20 
The Regional Immigration Offices of the Commission shall each be headed by a 
21 
Regional Immigration Officer, all of whom shall be appointed by the Secretary upon the 
22 
recommendation of the Commissioner. 
23 
SEC. 26. Border Control Stations - There shall be established Border Control 
24 
Stations which shall be manned by Border Control Officers appointed by the 
25 
Commissioner. The Border Control Stations shall be placed in specific areas in the 


16 
Philippines which shall be determined by the Board. Their duties and responsibilities shall 
2 
be determined by the Commissioner. 
3 
SEC. 27. Changes in the Composition, Distribution of Assignment of Regional 
4 
Offices. - The Commissioner may make changes in the composition, distribution and 
5 
assignment of Regional Offices, as well as its personnel, based on the demographics of 
6 
the Philippines' foreigner population and as the exigency of the service requires. 
7 
SEC. 28. Immigration Officers. - The position of Immigration Officer is hereby 
8 
created. No person shall be appointed to the position of Immigration Officer unless he is a 
9 
holder of a bachelor's degree and a first grade civil service eligible. The Immigration 
10 
Officers shall perform the following duties: 
11 
(a) Examine, with the assistance and advice of medical authorities in appropriate 
12 
cases, foreigr.lers at the port of entry concerning their admissibility to enter and their 
13 
qualifications to remain in the Philippines; 
14 
(b) Exclude foreign nationals not properly documented, and to admit foreign 
15 
nationals complying with the applicable provisions of immigration and related laws; 
16 
(c) Administer oaths in connection with the performance of their duties; 
17 
(d) Search for foreign nationals on any vessel believed to be used to illegally bring 
18 
foreign nationals into the Philippines, and to arrest without warrant any foreigner who in 
19 
his presence or view is entering or is about to enter the Philippines in violation of 
20 
immigration and related laws, rules and regulations; 
21 
(e) Act as control officer with authority to prevent the departure of passengers not 
22 
complying with departure requirements; and 
23 
(f) Perform such other functions as may be assigned by the Commissioner from 
24 
time to time. 
25 
SEC. 29. Designation of Employees. -
The Commissioner may designate, in 


17 
accordance with civil service laws, rules and regulations, any competent and qualified 
2 
employee of the Commission, to act as immigration officer or assign any employee to 
3 
other offices within the Commission and/or assign him/her additional or other duties as 
4 
the best interest or exigency of the service may require. 
5 
SEC. 30. Assignment of Employees to do Overlime Work. -
The Commissioner 
6 
may assign immigration employees to do overtime work or services pursuant to rules and 
7 
regulations to be prescribed and at the rates fixed by the Commissioner when the work or 
8 
service to be rendered is to be paid by the airline, shipping companies or other persons 
9 
served. 
10 
SEC. 31. 
Deployment of Immigration Personnel Abroad. - Within ninety (90) 
11 
days from the effectivity of this Act, the Department of Foreign Affairs and the 
12 
Commission shall enter into a Memorandum of Agreement pertinent to the assignment 
13 
and deployment of immigration personnel to select consular posts abroad who shall 
14 
perform immigration duties, except diplomatic and consular functions. 
15 
SEC. 32. Manning Levels - On the average, the manning levels of immigration 
16 
officers of the Commission nationwide shall be in accordance with the number of arrivals 
17 
in each port of entry as determined by the Board: Provided, That the number of 
18 
employees, as provided in the staffing pattern in accordance with Section 130 of the Act, 
19 
shall not be decreased. 
20 
TITLE III 
21 
IMMIGRATION 
22 
CHAPTER 1 - NON-IMMIGRANTS 
23 
SEC. 33. Categories of Non-immigrants and Types of Visa Issued.- Foreign 
24 
nationals departing from any place outside the Philippines who are otherwise admissible 


18 
and who qualify under anyone of the following categories may be admitted as non-
2 
immigrants: 
3 
(a) Temporary visitors (A Visas): Visitors coming to the Philippines for a temporary 
4 
period for reasons of business, pleasure or health: 
5 
1. Business (A-1 
visa): Temporary visitors engaged in activities of a 
6 
commercial or professional nature for a foreign employer or for themselves 
7 
that will not result in gainful employment in the Philippines. As used herein, 
8 
the term "business" refers to conventions, conferences, consultations and 
9 
other legitimate activities of a commercial or a professional nature, but does 
10 
not include local employment or labor for hire; 
11 
2. Pleasure (A-2 visa): Temporary visitors who stay in the Philippines for 
12 
holiday, including sightseeing, recreation or visiting relatives; and 
13 
3. Health (A-3 visa): Temporary visitors who stay in the Philippines to avail of 
14 
medical treatment. 
15 
(b) Transit Persons (B Visa): Persons passing through the Philippines solely for a 
16 
"stop over" who have a confirmed connecting flight to another country or passengers in 
17 
immediate and continuous transit to a destination outside the Philippines; 
18 
(c) Crew members (C Visa): Members of the crew of vessels required for the 
19 
normal operation and servicing of the vessels who come to the Philippines temporarily as 
20 
part of their jobs either arriving with or coming to join the vessels; 
21 
(d) Treaty Traders (0-1 Visa) and Treaty Investors (0-2 Visa): Citizens and their 
22 
family members from a country that has a trade treaty with the Philippines and coming to 
23 
work in the Philippines for either a company they own or one that is at least fifty percent 
24 
(50%) owned by nationals of their home country and which company is engaged in 


19 
substantial trade between the Philippines and their home country shall be granted a 0-1 
2 
visa. 
3 
Citizens of a country that has an investor treaty with the Philippines, and their 
4 
family members, and coming to work in the Philippines for a business they own or one 
5 
that is at least fifty percent (50%) owned by nationals of their home country and which 
6 
business is supported by a substantial investment from nationals of their home country 
7 
shall be granted a 0-2 visa; 
8 
(e) Accredited Foreign Government Officials, Their Families and Attendants (E 
9 
Visas): Foreign government officials, their families and attendants coming to the country 
10 
for official purpose, pursuant to international conventions and bilateral agreements, shall 
II 
be granted E Visas divided into three (3) types, namely: 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
1. Persons entitled to 
E-1 Visa: The E-1 Visa shall be issued to persons 
enjoying diplomatic immunities and privileges, particularly the following 
classes of foreign nationals: 
a. Heads of the State and Heads of Government and their personal 
representatives; 
b. Members of reigning royal families recognized by the Philippine 
Government; 
c. Governors-General, 
Governors, 
and 
High 
Commissioners 
of 
dependent territories and their personal representatives; 
d. Cabinet ministers and their deputies and officials with cabinet rank of 
ministers; 
e. Presiding officers of national legislative bodies; 
f. Justices or judges of the highest national judicial bodies; 
g. Diplomats and career consular officials; 


2 
3 
4 
5 
6 
7 
8 
9 
10 
1 1 
12 
13 
14 
2. 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
20 
h. Diplomatic couriers regularly and professionally employed as such; 
i. Military, naval, air and other attaches assigned to a diplomatic 
mission; 
j. All members of official special missions of a diplomatic character; 
k. Officials of international organizations bearing diplomatic passports 
when traveling on official business; 
I. Representatives of international organizations who have diplomatic 
status and bearing diplomatic passports issued by their governments; 
m. Members of delegations proceeding to or from an international 
conference of an official or diplomatic nature; 
n. Accompanying spouses and unmarried minor children of foreigners 
within the abovementioned categories; and 
o. Such other officials going to the Philippines on diplomatic missions. 
Persons entitled to E-2 Visa: The E-2 visa shall be issued to any other 
person not included in the foregoing list, who is an officer of a foreign 
government recognized by the Philippines, is a national of the country 
whose government he represents, and is proceeding to the Philippines in 
connection with official business for his/her government. 
This category includes, inter alia, the members of the staff of a 
diplomatic mission or consular post, the staff of international organizations, 
and official students or participants in prograrns under the auspices of the 
Philippine Government or recognized international institutions. 
The family members of the above-mentioned persons shall also be 
issued E-2 Visa. 


21 
3. Persons entitled to E-3 Visa: The E-3 Visa shall be issued to the members 
2 
of the household, the attendants, servants and employees of persons to 
3 
whom E-1 and E-2 visas have been granted; 
4 
(f) Students (F Visa): Foreign students having means sufficient for their support 
5 
and education in the Philippines who seek to enter the Philippines temporarily for the sole 
6 
purpose of taking up a course of study higher than high school at auniversity/seminary, 
7 
academy or college accredited for such foreign students by the Commission on Higher 
8 
Education in collaboration with the Commission. Their collaboration shall include the 
9 
monitoring of the status of activities of such foreign students in the Philippines; 
10 
(g) Prearranged Employment (G Visa): Foreign nationals coming to the Philippines 
lIon prearranged employment, including their family members accompanying or following to 
12 
join them within the period of their employment. This category includes intra-company 
13 
transferees, professionals, performing artists, athletes, and cultural exchange workers 
14 
under a work exchange program; 
15 
(h) Religious Workers (H Visa): Duly ordained or professional missionaries and 
16 
religious ministers, including members of their family, coming to the Philippines to join a 
17 
religious congregation or denomination duly registered with the Securities and Exchange 
18 
Commission, upon invitation, sponsorship or guarantee of such religious congregation or 
19 
denomination, solely for the purpose of propagating, teaching and disseminating their 
20 
faith or religion; 
21 
(i) Representatives of International Organizations and Government Agencies (I 
22 
Visa): Officials, principal representatives and foreign workers of accredited international 
23 
organizations as well as missions, including their family members, staff and servants. The 
24 
term "accredited international organization" includes any public international organization 
25 
in the activities of which the Philippines participates pursuant to any treaty or under the 


22 
authority of any act of the Congress of the Philippines authorizing such participation or 
2 
making an appropriation for such participation and such other international organizations, 
3 
institutions, agencies, programs, foundations and entities which are recognized by the 
4 
government of the Republic of the Philippines, including those existing and already 
5 
recognized as such at the time of the effectivity of this Act. The term "staff" includes the 
6 
employees of persons to whom the E-3 visa has been granted; 
7 
OJ Media Workers (J Visa): Foreign media personnel or correspondents, duly 
8 
accredited by the government agency concerned, who are bona fide representatives of a 
9 
foreign press, radio, satellite, television, film, or other information media, and are coming 
, 
10 
to the Philippines solely to engage in gathering information principally for dissemination 
11 
abroad, including their family members accompanying or following to join them during the 
12 
period of the assignment in the Philippines; 
13 
(k) Exchange Visitors (K Visa): Foreign nationals entering the Philippines to teach, 
14 
study, observe, conduct research or receive training in a specifiC Exchange Visitor 
15 
Program duly approved by the Philippine Government; 
16 
(I) Refugees (L-1 Visa) and Stateless Persons (L-2 Visa): Refugees as defined in 
17 
Section 3 (z) hereof shall be issued L-1 Visa. Stateless persons, whose admission for 
18 
humanitarian reasons and not inimical to public interest has been approved by the 
19 
Commissioner or the President in such cases and under such conditions as he may 
20 
prescribe, shall be issued L-2 Visa; and 
21 
(m) Special Non-Immigrants (M Visas): Such other foreign nationals including their 
22 
family members who may be admitted as non-immigrants under special laws or foreign 
23 
nationals not otherwise provided for by this Act who are coming for temporary periods 
24 
only, and whose admission is authorized by the Commissioner or the President in the 


23 
interest of the public or for humanitarian considerations and under such conditions as he 
2 
may prescribe. 
3 
SEC 33-A. Visa Policy. - The policies governing the issuance, extension, renewal 
4 
and conversion of visas referred to in Section 33 hereof shall be jOintly formulated by the 
5 
Commission and the Department of Foreign Affairs (DFA) and, when appropriate, the 
6 
Commission and the DFA shall consult with the concerned government agencies or 
7 
offices relative thereto. 
8 
Any visa policy or guidelines to be implemented abroad shall be done by the DFA, 
9 
with due notice to the Commission and other concerned agencies and/or offices. 
10 
SEC. 33-B. Visa Issuance Overseas.- All non-immigrant visas issued outside of 
II 
the Philippines shall be done by Consular Officers of the DFA duly assigned at Philippines 
12 
posts abroad. Immigrant visas, whenever issued abroad, shall be done by the Consular 
13 
Officers upon the approval of the Commission through the DFA. 
14 
CHAPTER 2 
15 
IMMIGRANTS 
16 
SEC. 34. Quota Immigrants. -
Subject to conditions set forth in this Act, there 
17 
may be admittE1d into the Philippines, immigrants, otherwise known as "quota immigrants", 
18 
not to exceed two hundred (200} of anyone nationality based on immigration reciprocity 
19 
for anyone calendar year and upon allotment by the Commissioner of the corresponding 
20 
quota number. In the allotment of quota numbers, the following order of preference shall 
21 
be observed: 
22 
(a) First Preference: Those whose service and qualifications show high educational 
23 
attainment, technical training, specialized experience, or exceptional ability in the 
24 
sciences, arts, professions, or business as would reasonably enhance and contribute 
25 
substantial benefits prospectively to the national economy, or cultural or educational 


24 
interests or welfare of the Philippines, including their family members, accompanying or 
2 
following to join them, who shall likewise be allotted individual quota numbers; 
3 
(b) Second Preference: Parents of a naturalized Philippine citizen; 
4 
(c) Third Preference: Spouses or minor children of foreign nationals who are lawful 
5 
permanent residents of the Philippines; and 
6 
(d) Fourth Preference: Parents of foreign nationals who are lawful permanent 
, 
7 
residents of the Philippines. 
8 
SEC 35. Allotment of Quota. -
The Commissioner shall, with respect to the first 
9 
preference, allot not more than fifty percent (50%) of the annual quota allotment up to the 
10 
end of June each year: Provided, however, That if the fifty percent (50%) is not utilized by 
11 
the first preference, the balance thereof shall be. given to the second, third, and fourth 
12 
preferences in accordance with Section 34 of this Act. Any unused quota allotment for a 
13 
calendar year cannot be carried over and utilized for the ensuing calendar year. 
14 
SEC. 36. Basis in Determination of Quota Allotment. -
The nationality of an 
15 
immigrant whose admission is subject to the numerical limitation imposed by Section 34 
16 
of this Act shall be that of the country of which the immigrant is a national or a citizen. The 
17 
nationality of an immigrant possessing dual nationality may be that of either of the two 
18 
countries regarding him/her as a national or citizen if he/she applies for a visa in a third 
19 
country. If he/she applies for a visa within one of the two countries regarding him/her as a 
20 
national or citizen, his/her nationality shall be that of the country in which he/she files 
21 
his/her application for a visa to enter the Philippines. 
22 
SEC. 37. Non-Quota Immigrants. -
The following immigrants, known as "non-
23 
quota immigrants", may be admitted without regard to numerical limitation and immigration 
24 
reci pro city: 


25 
(a) The spouse of a Philippine citizen: Provided, however, That the abandonment 
2 
and failure to give support by the foreign spouse to his/her Filipino spouse and family, 
3 
legal separation, or termination of the marital status by annulment, declaration of nullity of 
4 
marriage or divorce where the cause is attributable to the foreign spouse, shall constitute 
5 
grounds for cancellation of the immigrant visa issued to the foreign spouse; 
6 
(b) A person of Filipino descent regardless of generation; 
7 
(c) A child born to a foreign mother during her temporary visit abroad, the mother 
8 
being a lawful permanent resident of the Philippines, if accompanied by or coming to join 
9 
the mother who applies for admission within five (5) years from the birth of the child; 
10 
(d) A child born subsequent to the issuance of an immigrant visa to the 
II 
accompanying parent, the visa not having expired or revoked; 
12 
(e) A foreign national who had been previously lawfully admitted into the 
13 
Philippines for permanent residence who is returning from a temporary visit abroad to an 
14 
unrelinquished residence in the Philippines; and 
, 
15 
(f) A natural-born citizen who becomes a naturalized citizen of a foreign country 
16 
and is retur'ning to the Philippines for permanent residence therein, including his/her 
17 
spouse and minor children accompanying or following to join him/her, except the one who 
18 
has re-acquired or retained his/her Philippine citizenship pursuant to Republic Act No, 
19 
9225, 
20 
SEC. 38. Status of Children Born to Foreign Nationals. -
(a) A child born in the 
21 
Philippines to parents who are foreign nationals and lawful residents of the Philippines 
22 
shall be deemed a native-born permanent resident. (b) A child born to parents who are 
23 
both non-immigrants shall be deemed a native-born non-immigrant or temporary resident 
24 
and may remain in the Philippines only during the period of authorized stay of the 
25 
parents, unless he/she reaches the age of eighteen (18) years while continuously 


26 
residing in the Philippines, in which case he/she may apply for naturalization under 
2 
existing laws or for an appropriate visa. 
3 
CHAPTER 3 
4 
ADJUSTMENT OF STATUS 
5 
SEC. ·39. Conditions for Adjustment of Status of Foreign Nationals. -
The 
6 
status of a foreign national admitted into the Philippines as non-immigrant may be 
7 
adjusted by the Board to that of a foreigner lawfully admitted as a permanent resident if: 
8 
(a) the foreigner makes an application for such adjustment; (b) the foreigner is eligible to 
9 
receive a quota or non-quota immigrant visa and is admissible to the Philippines as a 
10 
permanent resident: and (c) a quota immigrant visa, if such is the case, is immediately 
II 
available to him/her at the time of his/her application, without the need of first departing 
12 
from the Philippines. In all such cases, the personal appearance of the foreigner shall be 
13 
required during the consideration of his/her application. 
14 
SEC. 40. Effect of Approval on Application for Adjustment. -
Upon the 
15 
approval of an application for adjustment of status under the preceding section, the 
16 
Commissioner shall record the foreign national's lawful admission as a permanent 
17 
resident as of the date of the approval of the application and shall be included as part of 
18 
the quota for the calendar year in accordance with Section 34 of this Act. 
19 
SEC. 41. Adjustment of Status, When Not Allowed. -
Adjustment of status 
20 
under Section 34 of this Act shall not be applicable to (a) a foreign crewman, (b) a foreign 
21 
national who has violated or is in violation of immigration laws, rules and regulations 
22 
unless the same is through no fault of his/her own or for purely technical reasons, (c) a 
23 
foreign national admitted as a temporary visitor without visa, and (d) transients. 
24 
CHAPTER 4 
25 
DOCUMENTATION AND ADMISSION OF NON-IMMIGRANTS 


27 
SEC. 42. Documentary Requirements of Non-immigrants. - Non-immigrants 
2 
must present for admission into the Philippines valid passports issued by the governments 
3 
of the countries to which they owe allegiance to or other travel documents showing their 
4 
nationality and identity as prescribed by regulations and a valid visa granted by the 
5 
Philippine Consular Officer, if required under existing laws, rules, regulations, or multi-
6 
lateral or bilateral agreements. 
7 
SEC. 43. Conditions and Period of Authorized Stay of Temporary Visitors. -
8 
The initial period of authorized stay of a foreign national admitted as a temporary visitor 
9 
under Section 33 of this Act shall not exceed two (2) months from the date of arrival. 
10 
Extensions of authorized stay may be granted under terms and conditions as may be 
II 
prescribed by the Commissioner: Provided, That the total period of authorized stay shall 
12 
not exceed twenty-four (24) months: Provided further, That during the foreign national's 
13 
authorized stay: (a) he/she shall not take any employment, whether paid or unpaid; (b) 
14 
he/she shall not establish or join in any business; or (c) he/she shall not enroll and 
15 
become a student at a school, college, university, academy, or other educational 
16 
institution, unless he/she is granted, upon proper application, a conversion to another 
17 
immigration status provided under this Act. 
18 
SEC. 44. Conditions for Issuance of Pre-arranged Visas. -
A foreigner who is 
19 
coming to the Philippines for prearranged employment shall not be issued a non-
20 
immigrant visa referred to in Section 33 (g) until the Consular Officer shall have received 
21 
authorization for the issuance of the same. Such authorization shall be given only upon 
22 
the filing of a petition with the Board establishing, among others, that no person can be 
23 
found in the Philippines willing and competent to perform the work or service for which the 
24 
foreigner is desired and that his/her admission would be beneficial to the public interest. 


28 
The petition shall be under oath by the prospective employer or his/her representative in 
, 
2 
the form and manner prescribed by the Board. 
3 
If the Board finds that the petition complies with the requirements of the preceding 
4 
paragraph and of other regulations, it shall grant the petition and shall promptly transmit 
5 
the authorization to the Department of Foreign Affairs and/or the Consular Office 
6 
concerned. 
7 
SEC. 45. Submission of Crew List and Passenger Manifest to the 
8 
Commission. -
Simultaneous to the vessel's departure from the port of origin, the 
9 
master, captain, agent, owner or consignee of any commercial vessel arriving to the 
10 
Philippines shall submit to the Commission, within a reasonable time prior to such arrival, 
II 
the crew lists, passenger manifests and such other information concerning the persons 
12 
arriving on such a vessel. In the same manner and condition, the master, captain, agent, 
13 
owner or consignee of any commercial vessel departing from any port in the Philippines 
14 
shall submit to the Commission, within a reasonable time prior to such departure, the crew 
15 
list, passenger manifest and such other information concerning the persons departing on 
16 
such vessel. 
The crew list of an incoming sea craft shall be duly visaed by the 
17 
appropriate Consular Officer. 
18 
SEC. 46. Inspection of Crewmembers. -
It shall be the duty of the master, 
19 
captain, agent, owner or consignee of any vessel arriving in the Philippines to have 
20 
available on b0ard, for inspection by the Immigration Officer, any foreign crewmember 
21 
employed on such vessel and to detain such crewmember on board after inspection and 
22 
to remove such crewmember when required by the immigration authorities. 
No 
23 
crewmember on board such vessel shall be discharged while the vessel is in port without 
24 
the permission of the Commissioner. 


29 
SEC. 47. Permission for Temporary Landing of a Foreign Crewmember. -
A 
2 
foreign crewmember on a vessel arriving in the Philippines may be permitted to land 
3 
temporarily under such conditions as may be prescribed by the Commissioner. All 
4 
expenses incurred by the Commission while the crewmember is on land shall be borne by 
5 
the master, captain, agent, owner or consignee of the carrying vessel. 
6 
CHAPTERS 
7 
REFUGEE STATUS 
8 
SEC. 48. Grant of Refugee Status. - Persons seeking refugee status may apply 
9 
for recognition, as a refugee upon seeking admission at any port of entry or within a 
10 
reasonable time thereafter. Refugee status shall be granted after a determination by the 
II 
Board that an applicant meets the qualifications of a refugee as defined in Section 3(z) 
12 
hereof. Refugee status shall not be granted to an applicant if he/she: 
13 
(a) has committed a crime against peace, a war crime, crime against humanity or 
14 
any other crime under international law; 
15 
(b) has committed a serious non-political crime outside the Philippines prior to his 
16 
admission as a refugee; or 
17 
(c) has been guilty of an act contrary to the purposes and principles of the United 
18 
Nations. 
19 
SEC. 49. Cessation of Refugee Status. -
Refugee status granted under the 
20 
previous section shall cease if a refugee: 
21 
(a) Voluntarily repatriates himself/herself or has re-established himself/herself in 
22 
another State; 
23 
(b) Acquired a new nationality and enjoys the protection of such a State; or 
24 
(c) Can no longer continue to refuse to avail the protection of the country of his/her 
25 
nationality or, not having a nationality, is able to return to the country of former habitual 


30 
residence in view of the cessation of the reasons that resulted to his/her being a refugee: 
2 
Provided, That this ground shall not apply if a refugee is able to invoke compelling reasons 
3 
arising out of the previous persecution. 
4 
SEC. 50. 
Effect of Grant of Refugee Status to Refugee Dependents. -
A 
5 
spouse, minor child, and other dependents of a foreigner who is granted a refugee status 
6 
may, if not otherwise eligible under Section 48, be granted the same status as the refugee 
7 
to assure family unity or when it is in the public interest. 
8 
SEC. 51. Confidentiality of Information. - In proceedings for the recognition of 
9 
refugee status, the confidentiality of information shall be respected and no information 
10 
relating to the refugee shall be shared with the country of origin, directly or indirectly. 
11 
SEC. 52. Burden of Proof. - In proceedings for the recognition of refugee status, 
12 
the burden of proof lies with the applicant, subject to the principle of non-refoulment. 
13 
SEC. 53. Stay of Exclusion or Deportation. - Notwithstanding the provisions of 
14 
Sections 78 and 86, the exclusion from entry and deportation of a foreigner shall be 
15 
stayed during the pendency of an application for refugee status. Where grounds under 
16 
Section 78 are present, the refugee shall be allowed entry and the application shall be 
17 
immediately ref,erred by the Immigration Officer to the Board. 
18 
SEC. 54. Detention of Refugee. - Detention of applicants for refugee status shall 
19 
only be resorted to in cases ",rising out of illegal entry or unauthorized· stay after 
20 
consideration of other alternatives, as may be determined by the Commissioner. 
21 
CHAPTER 6 
22 
DOCUMENTATION AND ADMISSION OF IMMIGRANTS 
23 
SEC. 55. Documentary Requirements of Immigrants; Instances When Not 
24 
Required. -
Immigrants must present for admission into the Philippines valid passports 
25 
or travel documents issued by the government of the country to which they owe 


31 
allegiance, showing their nationality and identity and valid visas issued by the Consular 
2 
Officer indicating the date of issue and the period of validity thereof. Immigrant visas shall 
3 
not be required of the following: 
4 
(a) A child born subsequent to the issuance of a valid immigrant visa to the 
5 
accompanying parent; 
6 
(b) A child born during the temporary visit abroad of the mother who is a lawful 
7 
permanent resident of the Philippines and a holder of a valid reentry permit, if the child is 
8 
accompanied by either parent within five (5) years from the date of the child's birth; and 
9 
(c) A foreigner who is returning to an unrelinquished lawful permanent residence in 
10 
the Philippines after a temporary residence abroad and presents for admission a valid 
I I 
reentry permit. 
12 
Chapter 7 -
Visa Issuance 
13 
SEC. 56. Nature of Visa. -
Nothing in this Act shall be construed to automatically 
14 
entitle any foreign national to whom a visa or other travel document has been issued to 
15 
enter the Philippines if, upon arrival at a port of entry, he/she is found to be inadmissible 
16 
under this Act or any other law. 
17 
SEC. 57. Requirement of Issuance of Visa. - Under the conditions and subject to 
18 
the limitations prescribed in this Act or regulations issued hereunder, the Commissioner 
19 
may approve the issuance of an immigrant visa upon the recommendation of a Consular 
20 
Officer in the following manner: 
21 
(a) 
An immigrant visa may only be issued to a foreign national who has made a 
22 
proper application therefor, which shall specify the foreign country, if any, to which the 
23 
quota the number is assigned, the immigrant's particular status in such country, the 
24 
preference to which the foreigner is classified, the date on which the validity of the visa 
25 
shall expire, and such additional information as may be required. 


32 
(b) 
The Department of Foreign Affairs, through its Consular Office abroad and 
2 
through the Office of the Visa Director, shall approve the issuance of a non-immigrant visa 
3 
to a foreign national who has made a proper application therefor in accordance with 
4 
Section 33 of this Act. 
5 
All diplomatic visas under Section 33 (e) of this Act shall be exclusively issued by 
6 
the Department of Foreign Affairs in accordance with the Vienna Convention on 
1 
Diplomatic Relations. 
8 
All other non-immigrant visas under Section 33 shall be issued by the Consular 
9 
Officer, when the application is made abroad, or may be issued by the Office of the Visa 
10 
Director, when the application is made in the Philippines for conversion or renewal. 
II . 
The issuance of special non-immigrant visas falling under the jurisdiction of a 
12 
particular government office or agency can only be done in coordination with and upon 
13 
recommendation of the government agency or office concerned. 
14 
SEC. 58. 
Requirements for Physical and/or Mental Examination Prior to 
15 
Issuance of Immigrant Visa. - Prior to the issuance of an immigrant visa to any foreign 
16 
national, the' Consular Officer shall require such person to submit to a physical and mental 
17 
examination in accordance with such regulations as may be prescribed by the 
18 
Commissioner. In addition, said foreign national shall be required to personally plant fifty 
19 
(50) trees, except when he/she is physically incapable of doing so, in which case, he/she 
20 
may cause another person to plant the trees. 
21 
SEC. 59. Validity of Visa. -
A non-immigrant or immigrant visa issued by a 
22 
Consular Officer abroad pursuant to Section 57 of this Act shall be valid for a period not 
23 
exceeding six (6) months. In prescribing the period of validity of a non-immigrant visa, the 
24 
Consular Officer shall, insofar as practicable, accord to such nationals the same treatment 


33 
on a reciprocal basis as such foreign country accords to citizens of the Philippines who 
2 
are within a similar class. An immigrant visa may be replaced under the original number 
3 
during the calendar year in which the original visa was issued for a foreigner who 
4 
establishes to the satisfaction of the Consular Officer that he/she was unable to use the 
5 
original immigrant visa during the period of its validity for reasons beyond his/her control: 
6 
Provided, That the foreign national is found by the Consular Officer to be eligible for 
7 
another immigrant visa and has paid all the fees. 
8 
SEC. 60. Denial of Visa, Grounds Thereof -
The Consular Officer may deny the 
9 
application for visa (a) if it appears from the statements in the application or in the 
10 
documents submitted the applicant is not entitled to a visa under this Act; or (b) if he/she 
II 
fails to comply with the requirements of the provisions of this Act. 
12 
SEC. 61. Revocation of Visa Issued by Consular Officer. -
The Commissioner 
13 
may, for valid cause and upon confirmation of the Secretary of Foreign Affairs, revoke the 
14 
visa issued by any Philippine Consular Office. If the notice of revocation is not received 
15 
and the visa holder applies for admission into the Philippines, his/her admission or entry 
16 
shall be determined by the Immigration Officer upon his/her arrival at the port of entry. 
17 
CHAPTER 8 
18 
RE-ENTRY AND EMIGRATION CLEARANCE 
19 
SEC. 62. Re-entry. -
Every time a registered foreign national, except a temporary 
20 
visitor, departs or is about to depart temporarily from the Philippines with the intention to 
21 
return, he/she must pay a re-entry fee, emigration clearance fee and head fee: Provided, 
22 
That said foreign national returns to the Philippines within a period of one (1) year from 
23 
his/her departure in order to maintain his/her visa category. Otherwise, he/she shall apply 
24 
for an extension of the period within which to return prior to its expiration and pay the 
25 
prescribed fees and charges therefor: Provided, That if his/her authorized stay is less than 


, 
34 
one (1) year, he/she shall pay a special return fee, emigration clearance fee and head fee 
2 
for every departure: Provided, further, That in both cases, if the registered foreign national 
3 
departs permanently from the Philippines, he/she shall surrender all his/her Philippine 
4 
immigration documents to the Commission and apply for and be issued an Emigration 
5 
Clearance Certificate upon payment of the prescribed fees and charges therefor, subject 
6 
to the following conditions: 
7 
(a) He/she has no pending obligation with the government or any of its agencies or 
8 
instrumentalities; 
9 
(b) He/she has no pending criminal, civil, or administrative proceeding which 
10 
requires his continued presence in the country; and 
II 
(c) There is no ongoing legislative inquiry where he/she is called upon to testify as 
12 
a witness. 
13 
SEC. 6'3. Emigration Clearance. -
Any temporary visitor departing from the 
14 
Philippines shall, after the expiration of his/her initial authorized stay, apply for emigration 
15 
clearance with the Commission and pay the prescribed fees and charges therefor. 
16 
17 
CHAPTER 9 
18 
PRESIDENTIAL PREROGATIVES 
19 
SEC. 64. Presidential Prerogatives. -
Any provision of this Act to the contrary 
20 
notwithstanding, the President may: 
21 
(a) Deny the entry and admission into the Philippines of any foreign national or a 
22 
class of foreign nationals whenever the President finds that the entry would be detrimental 
23 
to the interest of the Philippines or impose such restrictions as he/she may deem 
24 
appropriate; 


• 
35 
(b) Waive passport and/or documentary requirements for non-immigrants and 
2 
immigrants under such terms and conditions as he/she may prescribe; 
3 
(c) Change the status of non-immigrants by allowing them to acquire permanent 
4 
residence status without necessity of a visa; 
5 
(d) Deport any foreign national, subject to the requirement of due process; 
6 
(e) Admit non-immigrants not otherwise provided for in this Act for humanitarian 
7 
considerations and when not detrimental to public interest, under such terms and 
8 
conditions as he/she may prescribe; 
9 
(f) Prohibit the departure from the Philippines of any person who is likely to 
10 
disclose national security information, or who is likely to organize a rebellion abroad 
11 
against the Philippines, or whose presence in the country is necessary to face, or be a 
12 
witness in, criminal proceedings; and 
13 
(g) Exercise, with respect to foreign nationals in the Philippines, such powers as 
14 
are recognized by the generally accepted principles of international law. 
15 
16 
TITLE IV 
17 
PROVISIONS RELATING TO ENTRY 
18 
CHAPTER 1 
19 
CLASSIFICATION OF PORTS OF ENTRY 
20 
SEC. 65. 
Authority to Classify Ports. - The Commissioner shall classify and 
21 
designate, from among the ports of entry established by law for immigration purposes, 
22 
limited or unlimited ports of entry through which foreigners may be admitted into the 
23 
Philippines. Only such classes of foreigners as provided under the rules and regulations 
24 
prescribed by the Commissioner may be admitted at limited ports of entry. The 


36 
Commissioner may, after due notice to the public, close designated ports of entry in the 
2 
interest of national security or public safety. 
3 
CHAPTER 2 
4 
PROCEDURES ON ARRIVAL 
5 
SEC. 66. Inspection by Immigration Officer. -
A foreigner seeking admission or 
6 
readmission shall present his/her valid passport and visa, if required, to the immigration 
7 
officer at the port of entry and shall be subject to primary inspection. The decision of the 
8 
examining Immigration Officer, if favorable to the admission of any foreigner, may be 
9 
challenged by another Immigration Officer. The final determination of admissibility of such 
10 
foreigner shall ,be determined by the Commissioner in case no resolution is reached 
II 
between the. Immigration Officers on the challenged admission. In case of admission, the 
12 
Immigration Officer shall indicate in the passport the date, the port of entry and the 
13 
identity of the vessel boarded. 
14 
SEC. 67. Detention or Quarantine for Examination. -
For the purpose of 
15 
determining whether a foreigner arriving at any port in the Philippines belongs to any of 
16 
the classes excludable under this Act by reason of being afflicted with any of the 
17 
contagious or communicable disease or mental disorder set forth under Section 78(a) of 
18 
this Act or whenever the Commissioner has received information showing that foreigners 
19 
are coming from a country or a place where any of such diseases are prevalent or 
20 
widespread, the foreigner shall be detained or quarantined for a reasonable period of time 
21 
to enable the immigration and medical officers to subject such person to observation and 
22 
examination. 
23 
SEC. 68. Medical Examination Requirement. - Any arriving foreign national whom 
24 
the examining Immigration Officer believes to belong under the class of excludable foreign 
25 
nationals specified in Section 78(a) herein shall be referred to designated medical officers 


37 
for physical and mental examination. Such medical officer shall certify his/her findings for 
2 
the information of the Immigration Officer. 
3 
SEC. 69. Arrival Notice Requirements of Vessel. - The immigration authorities 
4 
shall be given prior notice of the arrival of any civilian vessel before such vessel comes 
5 
into any area in the Philippines from any place outside thereof. Such prior notice shall not 
6 
be required in the case of vessels with scheduled arrivals filed with the Immigration Officer 
7 
in charge at the international port of entry. 
8 
If, upon arrival in any area other than the designated port and there is no available 
9 
Immigration Officer therein, the master, pilot, captain, agent or consignee shall not allow 
10 
the passengers and crew members to disembark or leave the primary inspection area 
II 
until the immigration officer shall have conducted the primary inspection formalities. 
12 
SEC. 70. Contents of Notice of Arrival. -
The advance notice of arrival required 
13 
in the preceding section shall specify the following: 
14 
(a) Type of vessel and registration marks; 
15 
(b) Visaed crewlist; 
16 
(c) Passenger manifest; 
17 
(d) Port of last departure; 
18 
(e) International port of intended destination, or other place authorized by the 
19 
Commissioner; 
20 
(f) Estimated time of arrival; and 
21 
(g) Authorized agent or representative at the place of arrival. 
22 
CHAPTER 3 
23 
FOREIGN CREWMEMBER 
24 
SEC. 
71. Conditional Permit to Disembark. -
A foreign crewmember of a 
25 
vessel under Section 33(c) of this Act may be granted a conditional permit, in a form 


• 
38 
prescribed by regulations, to disembark temporarily from the vessel on which he/she 
2 
arrived while such vessel remains in port under such terms and conditions as may be 
3 
prescribed by the Commissioner. 
4 
SEC. 
72. Confiscation and Cancellation of Permit; Deportation from the 
5 
Philippines. -
Upon the determination that the foreigner is not a bona fide crewmember 
6 
or does not intend to depart on the vessel that brought him, the Commissioner shall 
7 
cancel and confiscate the conditional permit already issued, take such foreigner into 
8 
custody, and require the owner, operator, captain, master, pilot, agent or consignee of the 
9 
vessel on which the foreigner arrived to receive and detain him/her on board. The 
10 
expenses for his/her removal, including the cost of detention and other expenses 
II 
incidental thereto, shall be borne by the owner, operator, captain, master, pilot, agent or 
12 
consignee of such vessel. 
13 
SEC. 73. Liability for Overstaying Foreign Crewmen. -
A foreign crewmember 
14 
who remains in the Philippines in excess of the period allowed in the conditional permit 
15 
issued to him shall be solidarily liable with the owner, operator, captain, master, pilot, 
16 
agent or consignee of the vessel to pay the penalties prescribed in Section 126 of this 
17 
Act. 
18 
SEC. 74. Liability for Unauthorized Discharge of Foreign Crewmember. -
It 
19 
shall be unlawful for any person, including the owner, operator, captain, master, pilot, 
2D 
agent or consignee of any vessel to discharge any foreign crewmember employed a 
21 
vessel arriving in the Philippines and whilst in port, without first obtaining the prior 
22 
permission of the Commissioner. Otherwise, such person or owner, operator, captain, 
23 
master, pilot, agent or consignee of the vessel shall pay the Commission such fines as 
24 
may be prescribed under this Act. No such vessel shall be granted clearance from any 
25 
port in the Philippines while such fines remain unpaid or while the validity thereof is being 


39 
determined: Provided, That a clearance may be granted prior to such determination upon 
2 
deposit of a sum or cash bond sufficient to cover such fines as approved by the 
3 
Commissioner. 
4 
SEC. 75. Duty to Report Desertion or Illegal Landing of Foreign Crewmember. 
5 
-The owner, operator, captain, master, pilot, agent or consignee of any vessel shall 
6 
immediately report, in writing, to the immigration officer all cases of desertion or illegal 
7 
disembarkation in the Philippines from the vessel, together with a description of such 
8 
foreigners and any information that shall result in their apprehension. 
9 
SEC. 76. Requirement for Submission of List of Newly Employed, Discharged 
10 
and Illegally Landed Foreign Crewmember. -
Prior to the departure of any vessel from 
II 
the last port in the Philippines destined to any place outside thereof, the owner, operator, 
12 
captain, master, pilot, agent or consignee thereof shall deliver to the Immigration Officer 
13 
at that port a list containing: (a) the names of crewmembers who were not employed 
14 
thereon at the time of the vessel's arrival on such port but will depart thereat on the same 
15 
vessel; (b) the names of those, if any, who have been discharged; (c) those who have 
16 
deserted or illegally landed at that port, if any; and (d) such other additional information 
17 
as the Commissioner deems necessary. 
18 
SEC. 77. Liability for Failure to Submit Complete, True and Correct Report. -
19 
In case the owner, operator, captain, master, pilot, agent, or consignee, fails to submit a 
20 
true and complete list or report of foreigners, or to report cases of desertion or illegal 
21 
landing, he/she shall pay to the Commission such sum as may be prescribed under this 
22 
Act. 
No such vessel shall be granted clearance from any port in the Philippines while 
23 
such fines remain unpaid or while the validity thereof is being determined: Provided, that 
24 
clearance may be granted prior to such determination upon deposit of a sum or cash 
25 
bond sufficient to cover such fines as approved by the Commissioner. 


40 
CHAPTER 4 
2 
EXCLUSIONS 
3 
SEC. 78. Exclusion Grounds. - The following classes of foreign nationals shall not 
4 
be allowed entry and shall be excluded from the Philippines: 
5 
(a) 
Health Related Grounds 
6 
1 .. Those who are found to be suffering from a communicable, dangerous or 
7 
contagious disease; 
8 
2. Those who are found to be suffering from mental disorder or associated 
9 
behavior that may pose threat to persons or danger to property; 
10 
3. Those who are found to be suffering from addiction to prohibited or 
II 
regulated substance; 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
(b) 
(c) 
Economic Grounds 
1. 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 the Department of Labor and 
Employment as required by law; 
Moral Grounds 
1. Those coming to the Philippines to practice polygamy or who advocate the 
practice of polygamy unless his/her 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; 


, 
2 
3 
4 
5 
6 
7 
8 
9 
10 
I I 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
(d) 
41 
4. Those who, at the time of primary inspection, by the Immigration Officer 
exhibit any obnoxious behavior, contempt or disrespect for the said officer or 
any government official or Commission; 
Criminal and Security Grounds 
1. Those who have been convicted of a crime involving moral turpitude or who 
admit to the Immigration Officer having committed such crime, or who 
attempt and conspire to commit the crime; 
2. Those who have been convicted, or who admit having committed, or are 
committing acts which constitute the elements of a violation or conspiracy to 
violate any law or regulation of the Philippines or a foreign country relating to 
a controlled, regulated or prohibited substance, or who attempt or conspire 
to commit the crime; 
3. Those that the Philippine Government knows or has reason to believe is a 
. trafficker of any controlled, regulated or prohibited substance or knows or 
has reason to believe is or has been an accomplice, accessory, abettor, or 
co-conspirator in the illicit trafficking of any controlled, regulated or 
prohibited substance; 
4. Those who are fugitives from justice; 
5. Those who seek to enter the Philippines to engage in: 
a. Espionage or sabotage, or a violation or evasion of any laws 
prohibiting export of goods, technology or sensitive information; 
b. Any activity aimed to promote membership in an organization of 
syndicated criminal activities; 
c. Any activity, the purpose of which is to overthrow the Philippine 
government by force, violence or other unlawful means; and 


42 
d. Any other unlawful activity. 
2 
7. 
Those who are engaged or believed to be engaged or likely to engage in, aid, 
3 
abet or finance any terrorist activity and members or representatives of a 
4 
foreign terrorist organization; 
5 
8. 
Those who 
have 
been 
identified 
by competent authorities, 
local or 
6 
7 
foreign, 
as 
having 
engaged or are engaging in human trafficking and 
smuggling; 
8 
9. 
Those who are under fifteen (15) years of age and unaccompanied by or not 
9 
coming to a parent, except that they may be admitted in the discretion of the 
10 
Commissioner, if otherwise admissible; and 
11 
10. Those who have been identified by competent authorities, local and foreign, 
12 
as having engaged or are engaging in importation of contrabands and other 
13 
prohibited articles into the country. 
14 
SEC. 78-A. Minor Persons/ Minority. - Persons under fifteen (15) years of age, 
15 
and not accompanied by or not coming to a parent, may be admitted: Provided, That the 
16 
written consent of either parent allowing them to travel is presented. The written consent 
17 
must cite the purpose of the travel and must be affirmed by the Philippine Consular post 
18 
in the minor's country of origin. 
19 
SEC. 79. Temporary Detention of Excludable Foreigners. -
For the purpose of 
20 
ascertaining whether a foreigner arriving in the Philippines belongs to any of the 
21 
excludable classes of foreigners provided for in this Act or related laws, the Immigration 
22 
Officer, for a period not exceeding seventy-two (72) hours, may temporarily detain for 
23 
investigation such foreigner either on board the vessel or at a place designated for the 
24 
purpose at the expense of the master, captain, agent, owner or consignee of the carrying 
25 
vessel. 


43 
SEC. 80. Finality of Exclusion Order. -
An order by the Immigration Officer to 
2 
exclude a foreign national who is excludable under Section 78 hereof is final and 
3 
executory unless revoked by the Commissioner upon a timely appeal prior to the 
4 
implementation of the exclusion order. 
5 
SEC. 81. Authority to Waive Grounds for Exclusion. -
Except for grounds of 
6 
exclusion under Section 78(d), subparagraphs 1 to 8 and subparagraph 9, the 
7 
Commissioner may waive any of the grounds for exclusion mentioned therein. 
8 
SEC. 82. Procedure of Removal and Cost Thereof. - Any foreign national arriving 
9 
in the Philippines who is ordered excluded shall be immediately removed in the same 
10 
accommodatiol'l to the country where he/she boarded the vessel on which he/she arrived, 
II 
unless the . Commissioner determines that immediate removal is not proper and 
12 
practicable. The cost of detention and other expenses incidental thereto shall be borne 
13 
by the owner, operator, master, pilot, captain, agent or consignee of the vessel on which 
14 
he/she arrived. 
15 
SEC. 83. Country Where Removal is to be Directed. -
If the government of the 
16 
country designated in the preceding section will not accept the foreign national into its 
17 
territory, his/her removal shall be directed by the Commissioner in his/her discretion and 
18 
without necessarily giving preference, either to: 
19 
(a) The country which he/she is a citizen or national; 
20 
(b) The country of birth; 
21 
(c) The country of his/her habitual residence; or 
22 
(d) The country willing to accept the foreign national into its territory, if removal to 
23 
any of the foregoing countries is impractical or impossible. 


44 
SEC. 84. Obligation of Owner, Operator, Master, Captain, Pilot, Agent or 
2 
Consignee. -
It shall be unlawful for an owner, operator, master, captain, pilot, agent, or 
3 
consignee of a vessel to refuse or fail to: 
4 
(a) Board a foreigner ordered excluded and removed under Section 78 hereof in 
5 
the same vessel or another vessel owned or operated by the same company; 
6 
(b) Detain a foreign national on board any such vessel at the port of arrival when 
7 
required by this Act or when so ordered by an Immigration Officer; 
8 
(c) Deliver a foreign national for medical or other examinations when so ordered 
9 
by such officer; 
10 
(d) Remove a foreign national from the Philippines to the country to which his/her 
II 
removal has been directed; or 
12 
(e) Pay the cost of detention and other expenses incidental thereto of a foreign 
13 
national incurred while being detained as required by Section 82 of this Act or other costs 
14 
necessary or incidental to his removal as provided in this Act. 
15 
SEC. 85. Penalty for Non-compliance of Obligation. -
The owner, operator, 
16 
master, captain, pilot, agent, or consignee of a vessel who violated Section 84 hereof 
17 
shall pay the fines prescribed under this Act. No such vessel shall be granted clearance 
18 
from any port, in the Philippines while such fines remain unpaid or while the validity 
19 
thereof is being determined: Provided, That clearance may be granted prior to such 
20 
determination upon deposit of a sum or cash bond sufficient to cover such fines as 
21 
approved by the Commissioner. 
22 
TITLE V 
23 
DEPORTATION 
~ 
CHAPTER 1 
25 
DEPORTABLE FOREIGN NATIONALS 


• 
45 
SEC. 86. Classes of Deportable Foreigners. - The following foreigners shall be 
2 
arrested upon the order of the Commissioner and deported upon recommendation by the 
3 
Board of Special Inquiry and approval by the Board: 
4 
(a) Those who entered the Philippines by means of false and misleading statements 
5 
or documents, misrepresentations or without inspection and admission by the immigration 
6 
authorities; 
7 
(b) Those who entered the Philippines who were not lawfully admissible at the time 
8 
of entry; 
9 
(c) Those who engage, abet or aid in the practice of prostitution including the owner, 
10 
manager or inmates of a house of prostitution or are procurers, pedophiles or sexual 
II 
perverts; 
12 
(d) Those who, at any time after the date of entry, have become a public charge; 
13 
(e) Those who remain in the Philippines in violation of any period of limitation or 
14 
condition under which they were admitted; 
15 
(f) Those who believe in, advise, advocate or teach the overthrowing by force and 
16 
violence of the Government of the Republic of the Philippines, or duly constituted 
17 
authority, or those who do not believe in or are opposed to organized governments, or 
18 
those who advise, advocate or teach the assault or assassination of public officials by 
19 
reason of their office, or those who advise, advocate or teach the unlawful destruction of 
20 
property, or those who are members of or affiliated with any organization entertaining, 
21 
advocating or teaching such doctrines, or those who in any manner whatsoever extend 
22 
assistance, financial or otherwise, in the dissemination of such doctrines; 
23 
(g) Those who, at any time after entry, engage in, abet, aid or finance any terrorist 
24 
activity; 
25 
(h) Those who commit any violation of the provisions of this Act, independent of any 


46 
criminal action which may be brought against them: Provided, however, That in the case 
2 
of a foreigner who, for any reason, is convicted and sentenced to suffer both 
3 
imprisonment and deportation, said foreigner shall first serve the entire period of his/her 
4 
sentence before being deported: Provided, further, That the penalty of imprisonment may 
5 
be waived by the President upon payment by the foreigner concerned of such costs, fines 
6 
and/or damages, if any, awarded to the government or any aggrieved party,; 
7 
(I) Those who, at any time after entry, are engaged in acts or omissions punishable 
8 
under Philippine penal laws cognizable by the Regional Trial Courts and the 
9 
Sandiganbayan; 
10 
(j) Those who, at any time after entry, are convicted by final judgment of a crime 
11 
punishable under Philippine penal laws cognizable by the first level courts; 
12 
(k) Those who are guilty of any offense penalized under the naturalization laws of 
13 
the Philippines or any law relating to the acquisition of Philippine citizenship; 
14 
(I) Those who defraud their creditors by absconding or alienating properties to 
15 
prevent their attachment or execution; 
16 
(m)Those who were admitted as non-immigrants and who obtained an adjustment of 
17 
their admission status for convenience, or through fraud, falsification of documents, 
18 
misrepresentations or concealment of material facts; 
19 
(n) Those who violated Philippine labor and taxation laws, rules and regulations; 
20 
(0) Those who, upon prior investigation and hearing, are found to be undesirable and 
21 
whose further stay in the Philippines is inimical to public welfare and interest, or the 
22 
dignity of the Filipinos, or the Republic of the Philippines as a sovereign nation; 
23 
(p) Those who forge, counterfeit, alter or falsely make any document; or use, attempt 
24 
to use, possess, obtain, accept or receive or provide any forged, counterfeit, altered or 
25 
falsely made document; or use, attempt to use, provide, attempt to provide, accept or 


47 
receive a genuine document, even of another person, without authority to do so for the 
2 
purpose of satisfying or complying with the requirements for his/her stay in the 
3 
Philippines; and 
4 
(q) Those whose presence or activities in the country may result in adverse 
5 
consequences'to Philippine foreign policies as determined by the Secretary of Foreign 
6 
Affairs. 
7 
SEC. 87. Non-Prescription of Deportation Cases. - The right of the State to 
8 
initiate at any time deportation proceedings shall not prescribe: Provided, That no 
9 
deportation proceedings and orders shall be had against foreigners facing preliminary 
10 
investigation, prosecution and trial before competent authorities. 
II 
CHAPTER 2 
12 
DETENTION AND DEPORTATION OF FOREIGN NATIONALS 
13 
SEC. 88. 
Issuance of Summons. -
If the Commissioner determines that 
14 
there exists a reasonable ground to deport a foreigner pursuant to Section 86 of this Act, 
15 
he/she may issue summons requiring the foreigner to appear in person before the 
16 
designated investigating officer at the time, date and place stated therein. 
17 
SEC. 89. Authority to Issue Letter Order. -
The Commissioner may issue a 
18 
letter order if he/she determines that a probable cause exists for the filing of deportation 
19 
charges against a foreigner for violation of immigration and other related laws, rules and 
20 
regulations or there is a strong probability that a deportable foreigner may flee from 
21 
his/her place of abode, go into hiding or surreptitiously leave the country. 
22 
SEC. 90. Formal Charge of Deportation. - A formal charge for deportation shall be 
23 
issued upon d~termination of the existence of a prima facie case against the foreigner. 
24 
Pending final determination of his/her deportation case, the foreigner shall, upon the 
25 
discretion of the Commissioner: (a) remain under detention; or (b) be released on bailor 


48 
recognizance. The bail may be revoked and confiscated in favor of the government if 
2 
there is sufficient evidence that the foreigner is evading the proceedings or is attempting 
3 
to abscond, in which case he/she shall be taken into custody and placed under detention 
4 
by order of the Commissioner. 
5 
SEC. 91. 
Detention of a Foreigner Convicted of a Felony or an Offense. -
6 
After service of his/her sentence or compliance with the conditions of his/her parole or 
7 
probation, as the case may be, the foreigner shall be taken into custody and placed under 
8 
detention by order of the Commissioner. Pending final determination of the deportation 
9 
case, the foreigner may be ordered released under such terms and conditions prescribed 
10 
by the Commissioner. 
II 
SEC. 92. 
Voluntary Deportation, When Authorized. - In case the foreigner does 
12 
not contest the formal charge against him/her and opts to voluntarily leave the country at 
, 
13 
his/her own expense, the Commissioner may waive the deportation proceedings and 
14 
order the departure within the period specified in the voluntary deportation order, except in 
15 
cases of violations of laws such as Republic Act No. 8042 otherwise known as the 
16 
"Migrant Workers and Overseas Filipinos Act of 1995": Provided, That he/she has not 
17 
committed any criminal offense or has no pending case in court: Provided, furlher, That 
18 
the said foreigner so deported shall be barred from re-entering the country without prior 
19 
written authorization from the Commissioner. 
20 
SEC. 93. Contents of an Order or Warrant of Deportation. - The order or warrant 
21 
of deportation shall be in the form prescribed by the Commissioner and shall state the 
22 
grounds therefor, the specific place where the foreigner is to be deported and the period 
23 
within which to execute such order. 
24 
SEC. 94. 
Period to Enforce Order of Deportation. - The order of deportation 
25 
shall be enforced immediately but in no case shall exceed three (3) months from the date 


49 
it has become final and executory. 
If deportation is not enforced within the prescribed 
2 
period for reasons beyond the control of the Commissioner, the foreigner shall remain in 
3 
custody. 
4 
SEC. 95. 
Suspension of Deportation Order. - Upon application and payment of 
5 
the prescribed fees by the concerned foreigner, the Commissioner may suspend the 
6 
implementation of the deportation order and order his/her release for good cause, taking 
7 
into account the following factors: 
8 
(a) Age, health, family or conduct; 
9 
(b) Period of detention; 
10 
(c) Impact on national security and public welfare; 
11 
(d) Unavailability of travel documents; 
12 
(e) Existence of an application for refugee status; or 
13 
(f) Other humanitarian considerations. 
14 
SEC. 96. Reinstatement of a Deportation Order. - A deportation order previously 
15 
implemented against a foreigner who unlawfully re-entered the Philippines shall be 
16 
deemed automatically reinstated and shall be implemented in accordance with this Act. 
17 
This provision shall also apply to a foreigner who departed voluntarily under Section 92 
18 
hereof. 
19 
SEC. 97. 
Country of Destination of a Deportee. - Except as provided for under 
20 
existing treaty or international agreement, a foreigner shall be deported to the country of 
, 
21 
which he/she is a citizen or national, or to the country of his/her birth, or to the country of 
22 
which he/she is a resident, or to the country from which he/she embarked for the 
23 
Philippines, subject to the acceptance by the receiving country. 
24 
SEC. 98. Existence of Danger in the Country Where a Foreigner is to be 
25 
Deported. - No foreigner shall be deported to a country where there exists a danger to 


• 
50 
his/her life or freedom on account of race, religion, nationality, political opinion or 
2 
membership in a particular political or social group, except in the following circumstances: 
3 
(a) 
The foreigner participated, induced or cooperated in the persecution of any 
4 
person on account of race, religion, nationality, political opinion or membership in a 
5 
particular political or social group in the country where he/she is to be deported; 
6 
(b) The 
foreigner is a fugitive from justice in the country where he/she is to be 
7 
deported; 
8 
(c) The foreigner committed a serious non-political crime in the country where he/she 
9 
is to be deported; or 
10 
(d) The foreigner is undesirable in and/or a danger to the national security of the 
11 
Philippines .. 
12 
SEC. 99. 
Cost of Deportation. - The cost of deportation shall be borne by the 
13 
owner, operator, captain, master, pilot, agent or consignee of a vessel in case its foreign 
14 
crew member is to be deported for violation of Section 100 of this Act. In all other cases, 
15 
the cost of deportation shall be borne by the deportee himself/herself, the concerned 
16 
consular office, nongovernment organizations or people's organizations with which the 
17 
Commission has an agreement on this matter, or from the appropriations for the 
18 
enforcement of this Act. 
19 
SEC. 100. 
Liability of Owner, Operator, Captain, Master, Pilot, Agent or 
20 
Consignee of a Vessel. - Failure or refusal on the part of the owner, operator, captain, 
21 
master, pilot, agent or consignee of a vessel to take on board, guard safely and transport 
22 
the deportee to his/her country of destination, or to shoulder the cost of deportation of the 
23 
foreign crew member as provided in Section 99 hereof, shall be punished by an 
24 
administrative penalty prescribed under this Act. 
25 
SEC. 101. 
Expenses of Accompanying Person. - The Commissioner may, by 


51 
reason of the mental or physical condition of the deportee, direct an employee of the 
2 
Commission to accompany such deportee to the country of his/her destination, subject to 
3 
the provisions of the immediately preceding sections. 
4 
CHAPTER 3 
5 
INDIGENT FOREIGNERS 
6 
SEC. 102. 
Deportation of Indigent Foreigners. - At any time after entry, the 
7 
Commissioner may deport indigent foreigners from the Philippines to the country of which 
8 
they are citizens or nationals, or country of birth, or country of residence, as the case may 
9 
be. The cost of deportation may be charged against the available funds of the 
10 
Commission. Any foreigner deported under this section shall be barred re-admission 
II 
except upon written authorization of the Commissioner. 
12 
This provision shall not apply to a foreigner declared as an indigent by any Philippine 
13 
court for purposes of filing a case or to pursue a cause of action which resulted in his/her 
14 
indigency until such action is resolved with finality: Provided, That no other grounds for 
15 
deportation exist during the pendency of the same. 
16 
TITLE VI 
17 
MISCELLANEOUS PROVISIONS 
18 
CHAPTER 1 
19 
REGISTRATION OF FOREIGN NATIONALS 
20 
SEC. 103. Requirement of Registration. -
All foreigners must register with the 
21 
Commission or any Immigration Office nearest his/her place of residence on or before the 
22 
sixtieth (60th) day of his/her arrival in the Philippines. 
23 
SEC. 104. Registration Form and Oath. -
Applications for registration shall be 
24 
under oath and in such form as prescribed by the Commission. Upon registration, a 
25 
certificate of registration shalf be issued by the Commission to the registrant. In case of 


52 
loss or destruction of the certificate, a replacement thereof may be issued by the 
2 
Commission upon proper application and payment of prescribed fees. 
3 
SEC. 
105. Amendment of Registration. -
A registered foreign national shall 
4 
notify the Commission in writing of any change of information in his/her registration 
5 
documents not later than seven (7) days thereof. 
6 
SEC. 
106. Presentation of Certificate of Registration. 
Every foreigner 
7 
required to register under this Act or the parent or guardian of such foreigner shall, upon 
8 
demand of any authorized immigration official, present his/her certificate of registration, 
9 
and failure to do so without justifiable cause shall be dealt with in accordance with the 
10 
provisions of this Act. 
II 
SEC. 107. Reportorial Requirements. -
Every foreigner registered under this Act 
12 
shall, within the first sixty (60) days of every calendar year, report in person to the 
13 
Commission subject to the payment of prescribed fees. The parent or legal guardian of 
14 
foreigners below fourteen (14) years of age shall have the duty to comply with the 
15 
requirements prescribed under this Act. 
16 
SEC. 108. Failure to Comply with Requirements. -
A foreigner, or his/her parent 
17 
or guardian, as the case may be, who, without justifiable reason, fails to comply with all 
18 
the requirements under this Act, or who files an application for registration containing 
19 
statements known by him/her to be false, or who utilizes registration documents other 
20 
than his/her own, shall be dealt with in accordance with the provisions of this Act and 
21 
other existing laws. 
22 
SEC. 109. Cancellation of Registration of Foreign National. -
In case of death of 
23 
a foreigner registered under the provisions of this Act, his/her legal heir, representative or 
24 
administrator must inform the Commission within sixty (60) days from death and the 
25 
Commission shall cancel such registration. The Local Civil Registrar or other civil registry 


• 
53 
officer of the locality where said foreigner died shall furnish the Commission with a copy of 
2 
the Certificate of Death within thirty (30) days from issuance thereof. Failure on the part of 
3 
the persons concerned to comply with the requirements of this section shall be dealt with 
4 
pursuant to the provisions of this Act. 
5 
6 
CHAPTER 2 
7 
BONDS AND DEPOSITS 
8 
SEC. 110. Bonds, When Required. -
The Commission shall have the authority 
9 
to require cash bonds in such amounts and under such conditions as it may prescribe: 
10 
(a) To control and regulate the admission into, and departure from, the Philippines 
II 
of foreigners applying for temporary admission; 
12 
(b) To insure against foreign passengers liable to be excluded as likely to become 
13 
public charges; and 
14 
(c) To insure the appearance of foreigners released from custody during the 
15 
course of deportation proceedings instituted against them. 
16 
SEC. 111. Requirement of Cash Deposits for Overtime Services. -
The 
17 
Commission shall likewise have the authority to require cash deposits in such amounts as 
18 
may be necessary from vessel's owner, operator, captain, master, pilot, agent, or 
19 
consignee or other persons served to cover payments for overtime services to be 
20 
performed by officers and employees of the Commission. 
21 
SEC. 112. Cancellation and Forfeiture of Bonds. - When the conditions of the 
22 
bond are fulfilled, or in case of a bond posted to insure against a foreigner becoming a 
23 
public charge, when the Commissioner decides that the likelihood no longer exists, or 
, 
24 
death of the foreigner in whose behalf the bond is posted, the bond shall be cancelled 
25 
and released to the depositor or his/her legal representative. In case of violation of the 


• 
54 
conditions of the bond, the same shall be forfeited and deposited in a trust fund account 
2 
which may be utilized for the purchase of passage tickets of indigent deportees and to 
3 
cover the costs of operations in the arrest of a deportee who jumps bail. 
4 
CHAPTER 3 
5 
RECOGNIZANCE 
6 
SEC. 113. 
Petitions for Recognizance, Sanction for Breach of Conditions. 
7 
The Commissioner may order the release of a foreigner upon recognizance of 
8 
his/her lawyer or a person who is of good standing in the community, under such terms 
9 
and conditions as he/she may prescribe. Failure to comply with the terms and conditions 
10 
of the recognizance shall subject said lawyer or person to a fine of not less than Fifty 
'11 
thousand pesos (P50,000.00) but not more than One hundred thousand pesos 
12 
(P100,000.00), without prejudice to other administrative sanctions and/or proceedings 
, 
13 
against the erring party. 
14 
CHAPTER 4 
15 
COOPERATION AND COORDINATION WITH OTHER OFFICES 
16 
SEC. 114. Working Cooperation with the Department of Foreign Affairs. - For 
17 
purposes of efficient implementation and administration of this Act, the Commission shall 
18 
maintain a working cooperation with the Department of Foreign Affairs. 
19 
SEC. 115. Working Cooperation with the Commission on Higher Education. -
20 
The Commission shall maintain a working cooperation with the Commission on Higher 
21 
Education with respect to accreditation of schools and learning centers for enrolment of 
22 
foreign students as authorized under this Act. 
23 
SEC. 116. Coordination with Law Enforcement, Security and Other Offices.-
24 
The Commissioner shall have authority to maintain coordination with the National Security 


• 
55 
Council, the Philippine National Police, and other law enforcement agencies of the 
2 
government. 
3 
CHAPTER 5 
4 
FEES AND CHARGES 
5 
SEC. 117. Authority of the Commissioner to Prescribe, Impose and Collect 
6 
Fees and Charges. -
The Commissioner is authorized to prescribe, impose and collect 
7 
fees and charges for services rendered pursuant to the provisions of this Act, which shall 
8 
take effect fifteen (15) days after the last publication thereof for two (2) consecutive weeks 
9 
in a newspaper of general circulation. 
10 
SEC. 118. Head Fee. -
Every foreign national who is at least fourteen (14) years 
I I 
of age and admitted to the Philippines for a temporary stay exceeding sixty (60) days shall 
12 
pay a head fee in an amount to be fixed by the Board. 
13 
14 
15 
CHAPTER 6 
ADMINISTRATIVE FINES AGAINST VESSELS 
16 
SEC. 119. 
Fine for Failure to Submit Crew List or Passenger Manifest, or 
17 
Failure to Account Every Passenger and Crew. -
Any pilot, master, agent, owner or 
18 
consignee of a vessel arriving at any port in the Philippines from a place outside thereof 
19 
who fails to submit to the immigration authorities a complete and accurate crew list or 
20 
passenger manifest, or fails to produce or account every crewmember or passenger 
, 
21 
whose name appears in said list or manifest shall be subject to fines of One hundred 
22 
thousand pesos (Pi 00,000.00) and Fifty thousand pesos (P50,OOO.OO) for 
each 
23 
unaccounted person, respectively. 
24 
SEC. 120. Fine for Violation of Obligation on the Landing or Removal of 
25 
Foreigners. -
A pilot, master, agent, owner or consignee of any vess.el arriving at a port 


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56 
of the Philippines from a place outside thereof in violation of this Act shall be fined not 
2 
less than Fifty thousand pesos (PSO,OOO.OO) but not more than Two hundred thousand 
3 
pesos (P200,000.00) for each violation. 
4 
SEC. 121. Fine for Bringing Undocumented Foreigner, or Foreigner Afflicted 
5 
with Communicable or Contagious Disease, or Suffering from Mental Disorder. -
6 
The pilot, master, agent, owner or consignee of the vessel arriving at a port in the 
7 
Philippines from a place outside thereof bringing on board an undocumented foreigner 
8 
shall be fined One hundred thousand pesos (Pi 00,000.00) for each foreigner. If the 
9 
foreigner is afflicted with a communicable or contagious disease or is suffering from 
10 
mental disorder, the fine shall be not less than Two hundred thousand pesos 
11 
(P200,000.OO) but not more than Three hundred thousand pesos (P300,000.00) for each 
12 
foreigner. 
13 
SEC. 122. 
Fine for Bringing a Foreigner to Assist His Illegal Entry or 
14 
Misrepresenting a Foreigner as a Member of the Crew. -
The pilot, master, agent, 
15 
owner or consignee of the. vessel arriving at any port in the Philippines from a place 
16 
outside thereof bringing on board a foreigner bound for the Philippines to assist his/her 
17 
illegal entry, or misrepresenting the foreigner to the immigration officer at the port of 
18 
arrival as a bona fide member of the crew, shall be fined not less than One hundred 
19 
thousand pesos (Pi00,OOO.OO) but not more than Two hundred thousand pesos 
20 
(P200,000.OO) for each foreigner. 
21 
SEC. 123. 
Fine for Violation of Other Provisions of this Act. -
The pilot, 
22 
master, agent, owner or consignee of any vessel arriving at any port of the Philippines 
23 
from a place outside thereof who violates any other provision of this Act not specifically 
24 
provided in this Chapter shall be fined not less than Fifty thousand pesos (PSO,OOO.OO) 
25 
but not more than Two hundred thousand pesos (P200,000.00) for each violation. 


• 
57 
CHAPTER 7 
2 
OTHER PENAL PROVISIONS 
3 
SEC. 124. Other Prohibited Acts and Penalties Thereof. - Any person who shall 
4 
commit any of the acts specified hereunder shall; upon conviction, suffer the penalty of 
5 
prision correccional in its maximum period to prision mayor in its minimum period or a 
6 
fine of not less than One hundred thousand pesos (P100,000.00) but not more than Five 
7 
hundred thousand pesos (P500,000.00) or both, at the discretion of the court: 
8 
(a) Impersonates another individual, or falsely appears in the name of a deceased 
9 
individual, or evades the immigration laws by using an assumed or fictitious name when 
10 
applying for an immigration document; 
II 
(b) Issues or otherwise disposes of an immigration document or an immigration 
12 
accountable form, to any person not authorized by law to receive such documents; 
13 
(c) Obtains, manufactures, prints, accepts or uses any immigration or travel 
14 
document knowing it to be false or uses immigration accountable form that is not legally 
15 
issued; 
16 
(d) Enters the Philippines without inspection and admission by the immigration 
17 
authorities, or obtains entry into the Philippines by fraud, misrepresentation, or 
18 
concealment of'material facts; 
19 
(e) Misrepresents himself/herself to be a Philippine citizen; 
20 
(f) Knowingly makes under oath any false statement regarding any immigration 
21 
matter; or 
22 
(g) Brings into, or lands in the Philippines, or conceals, harbors, employs, or gives 
23 
comfort to any person not duly admitted by any immigration officer or not lawfully entitled 
24 
to enter into or resides within the Philippines, or attempts, conspires with, or aids another 
25 
to commit any such acts. 


• 
58 
Where the offender of any acts specified in paragraph (g) of this section is a 
2 
corporation, company, partnership or other juridical entity, the president, general 
3 
manager, managing partner, or chief executive officer thereof shall be held liable. 
4 
Dismissal of the employee by the employer before or after apprehension shall not relieve 
5 
such employer from any liability arising from the offense: Provided, That if the offender is 
6 
the pilot, master, agent, owner, consignee, or other person in charge of the vessel which 
7 
brought the foreigner into the Philippines from any place outside thereof, the fine imposed 
, 
8 
under this section shall constitute a lien against the vessel which may be enforced in the 
9 
same manner as fines are collected and enforced under existing laws. Such vessel shall 
10 
not be allowed to depart without prior clearance issued by the Commission. Where 
II 
forfeiture is justified under the particular circumstances of the case, the forfeiture of the 
12 
vessel in favor of the government in lieu of the fine shall be decreed. 
13 
Conviction by final judgment of any offense punishable under this Act or other 
14 
related laws shall result in the automatic revocation or cancellation of any immigration 
15 
document issued to the offender, including that of his/her spouse and unmarried children, 
16 
if applicable. 
17 
SEC. 125. Penalty for Non-compliance of Subpoena. -
Any person who, 
18 
having been duly served with a subpoena, fails to comply without valid and justifiable 
19 
reasons shall, upon conviction, suffer the penalty of imprisonment of not more than fifteen 
20 
(15) days or a fine of not more than One thousand pesos (P1,OOO.OO), or both, at the 
21 
discretion of the court. 
22 
SEC. 
126. Penalty for an Overstaying Crewmember. -
Any foreign 
23 
crewmember who wilfully remains in the Philippines beyond the period allowed him/her 
24 
for temporary landing shall, upon conviction, suffer the penalty of imprisonment of six (6) 


• 
59 
months or fine of not less than Fifty thousand pesos (PSO,OOO.OO) but not more than One 
2 
hundred thousand pesos (P1 00,000.00), or both, at the discretion of the court. 
3 
SEC. 127. 
Imposition of Maximum Penalty, When Applicable. - A person 
4 
convicted under Republic Act No. 3019, as amended, otherwise known as the "Anti-Graft 
5 
and Corrupt Practices Act", or other laws against corruption and bribery who shall violate 
6 
or circumvent any provisions of this Act shall, upon conviction, suffer the maximum 
7 
penalty for such offense as provided under this Act. 
8 
CHAPTERS 
9 
FUNDING 
10 
SEC. 128. Funding. -
In addition to its annual budget under the General 
II 
Appropriations Act, the Commission is hereby authorized to retain and use thirty percent 
12 
(30%) of its income derived from collection of immigration fees, fines, penalties and 
13 
charges for maintenance and 
other operating expenses, 
intelligence and 
law 
14 
enforcement, information and communication technology infrastructure, transportation 
15 
facilities and other capital outlay expenditures. The Commission is likewise hereby 
, 
16 
authorized to retain and use its income in excess of the prescribed collection target. 
17 
CHAPTER 9 
18 
TRANSITORY PROVISIONS 
19 
SEC. 129. Staffing Pattern and Salary Schedule. - To carry out the provisions 
20 
of this Act, the Commissioner shall submit a new staffing pattern and· salary schedule for 
21 
personnel services to the Secretary of the Department of Budget and Management for 
22 
approval, which shall be in accordance with the Salary Standardization Law and other 
23 
applicable laws under the National Compensation and Classification Plan. 
24 
SEC. 130. Reorganization of the Commission. -
Upon approval of this Act, all 
25 
employees of Bureau of Immigration covered by the civil seNice law and regulations 


, 
60 
shall continue to hold their present positions pending the reorganization of the 
2 
Commission in accordance with the new staffing pattern: Provided, That the salaries, 
3 
wages, allowances and other benefits of incumbent officers and employees of the 
4 
Commission shall not be subject to diminution: Provided, further, That in the event that 
5 
the 
positions are 
abolished in accordance with the reorganization, the affected 
6 
employees shall be retained. Provided, finally, That employees who have been dismissed 
7 
for cause shall no longer qualify for any position in the Commission. 
8 
SEC. 131. Inventory and Transfer of Properties, Accounts, Assets, Liabilities 
9 
and Obligations to the Commission. -
All buildings, properties, equipment, facilities, 
10 
accounts, other assets, liabilities and other obligations as well as records of the Bureau of 
II 
Immigration shall be properly inventoried and transferred to the Commission. 
12 
SEC. 132. 
Treaty or Agreement. -
Any treaty or agreement entered into 
13 
between the Philippines and any foreign state before the effectivity of this Act shall remain 
14 
in force and effect. 
15 
SEC. 133. Pending Cases. - Any prosecution, suit, action, proceeding, or any act 
16 
or matter, civil or criminal, pending at the time of the effectivity of this Act shall not be 
17 
affected by the provision of this Act unless otherwise applicable. 
18 
19 
CHAPTER 10 
20 
ADMINISTRATION AND IMPLEMENTATION 
21 
SEC. 134. Administration and Implementation Abroad. - The administration 
22 
and implementation of this Act abroad, including the rules and regulations as well as 
23 
policies arising, from it shall be the responsibility of the Department of Foreign Affairs 
24 
through Philippine diplomatic and consular establishments. 
25 


.; 
61 
SEC. 135. Implementing Rules and Regulations. -
The Commission, upon 
2 
consultation with the Department of Foreign Affairs and other concerned government 
3 
agencies or offices and subject to the approval by the Secretary, shall promulgate the 
4 
rules and regulations for the implementation of this Act within one hundred twenty (120) 
5 
days from its effectivity. 
6 
7 
CHAPTER 11 
8 
FINAL PROVISIONS 
9 
SEC. 136. Separability Clause. -
If any of the provisions of this Act is held invalid 
10 
or unconstitutional the other provisions not affected thereby shall continue to be in force 
II 
and effect. 
12 
13 
SEC. 137. 
Repealing Clauses. -
(a) Commonwealth Act No. 613, otherwise 
14 
known as the Philippine Immigration Act of 1940, as amended, is hereby repealed; (b) All 
15 
laws, presidential decrees, executive orders, proclamations, memorandum orders, 
16 
instructions, rules and regulations or parts thereof inconsistent with this Act are hereby 
17 
amended or modified accordingly. 
18 
SEC. 138. Effectivity Clause. -
This Act shall take effect fifteen (15) days after 
19 
its complete publication in the Official Gazette or in two (2) newspapers of general 
20 
circulation. 
21 
Approved,