Republic of the Phil
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS,
Second Regular Session

HOUSE BILL NO. 7462

Introduced by Representatives
HORACIO P. SUANSING, JR. and ESTRELLITA B, SUANSING

AN ACT
MODERNIZING THE BUREAU OF IMMIGRATION, DEFINING ITS POWERS AND
FUNCTIONS, EXPANDING AND FURTHER RATIONALIZING ITS ORGANIZATION,
UPGRADING THE COMPENSATION AND BENEFITS OF ITS OFFICIALS AND
EMPLOYEES, APPROPRIATING FUNDS THEREFOR

EXPLANATORY NOTE

This bill seeks to reorganize and modernize the Bureau of Immigration to enhance
efficiency and efficacy in the bureaucracy, taking into full consideration the political, social, and
economic changes that transpired in recent decades and appropriately reflecting the espoused
principles of national sovereignty, territorial integrity, national security, and the right to self
determination.

This bill recognizes the needed structural and institutional reforms in the present Bureau
of Immigration. The institution is still governed by the outdated and largely untouched
Commonwealth Act No. 613, otherwise known as the Philippine Immigration Act of 1940, despite
the countless developments in international migration.

As a government agency that plays a crucial role in our national security and economic
development in light of an increasingly integrated world, it is high time to keep the policy
framework of the Bureau of Immigration in step with the realities of the times. Apart from these,
several focusing events in recent years such as unlawful entry of aliens, human trafficking, and
alleged corruption in the Bureau have also highlighted the need for an updated and formidable law
that would provide the scaffolding for significant reforms in the institution.

In view of the foregoing, the passage of this bill is earnestly sought.

1" District, Nueva Ect



Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon City
EIGHTEENTH CONGRESS
Second Regular Session

7462

HOUSE BILL NO.

Introduced by Representatives
HORACIO P. SUANSING, JR. and ESTRELLITA B. SUANSING

AN ACT
MODERNIZING THE BUREAU OF IMMIGRATION, DEFINING ITS POWERS AND
FUNCTIONS, EXPANDING AND FURTHER RATIONALIZING ITS ORGANIZATION,
UPGRADING THE COMPENSATION AND BENEFITS OF ITS OFFICIALS AND
EMPLOYEES, APPROPRIATING FUNDS THEREFOR

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

TITLET
GENERAL PROVISIONS

Section 1. Short Title. —This Act shall be known as "The Bureau of Immigration Modernization
Act of 2020."

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

cooperation and amity with all nations.

‘Towards this end, Philippine immigration policies, rules and regulations under this Act shall be
applied and administered as instruments for the promotion of domestic and external interests of

the Philippines, in recognition of:

a. The admission of foreign nationals for the purpose of encouraging and enhancing capital

investments, trade and commerce, cultural exchanges and other forms of friendly relations and


cooperation;

b. The need to support the country's technological and scientific development;
c. The promotion of conditions for social welfare and economic security of the people;

d. The fulfillment of obligations and compliance with standards set by international law in the

admission or exclusion of foreign nationals;

e. The modernization of structures and mechanisms necessary for the administration of
immigration laws in keeping with the changing demands of the country's role in the global
community; and

f. The professionalization of the Immigration Service by instituting a rigid system of screening
and selection of Immigration Officials and employees and promoting their development.

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

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

b. Border Control Officer- refers to any person tasked to man the Border Station authorized as
provided under Sec. 31 of this Act;

c. Captain - refers to the master of a vessel or pilot of an aircraft;
d. Child- refers to a person below eighteen (18) years of age;

e. Citizen - refers to any person who is a citizen of the Philippines under Sec. 1, Article IV of

the 1987 Constitution of the Republic of the Philippines;

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

unless there exists other legal grounds for continued custody;


g. Consular Officer- refers to any consular, diplomatic, or other officer of the Department of
Foreign Affairs (DFA) who has been duly granted a consular commission for the purpose of

issuing visas under this Act;

h. Derogatory Information - refers to details about persons and travel documents relating to

Immigration consisting of the following:

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

2. Hold Departure Order- refers to an order issued by the Commissioner preventing a
foreign national from leaving the territorial jurisdiction of the Philippines in cases where
bail or recognizance is granted pending implementation of a Summary Deportation
Order, or a directive implementing an order from the Regional Trial Courts, the
Sandiganbayan, or the appellate courts to prevent a person from leaving the territorial

jurisdiction of the Philippines; and

3. Watchlist Order- refers to an order issued by the Commissioner under this Act that
requires immigration personnel to monitor the travel of any person for a period of sixty
(60) days, extendible for another sixty (60) days and to notify the concemed government

agencies of the Philippines;

i, Entry- refers to the arrival of a foreign national into any designated port of entry in the
Philippines from a place outside the Philippine territorial jurisdiction. A foreign national having
a lawful permanent residence in the Philippines shall not be regarded as making an entry for the
purpose of this Act if such foreign national proves that the departure to a place outside the
Philippines was for a temporary or limited period, or the continued absence from the Philippines

was occasioned by deportation proceedings, extradition, or other legal process;

j, Exclusion - refers to the act of Immigration Personnel denying admission of a foreign national

into the country on grounds provided under Sec. 73, Chapter IV of this Act;
k. Foreign National - refers to any person who is not a citizen of the Philippines;

I. Immigrant- refers to any foreign national, other than a non-immigrant, departing from any

place outside the Philippines destined for the Philippines;


m. Immigration laws- refer to this Act and any other law presently existing or which may

hereafter be enacted relating to the movement of natural persons to and from the Philippines;

n, Immigration Officer- refers to any person appointed under Sec. 25 this Act or any employee
designated by the Commissioner to perform the powers, duties and functions of an Immigration

Personnel as specified under this Act;

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

period of stay;

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

g. Passport- refers to a document Issued by the Philippine government to its citizens pursuant to
Republic Act No. 8239, otherwise known as "The Philippine Passport Act of1996", as amended;

r. Person - refers to a natural or juridical person such as but not limited to partnerships,

corporations, companies, and associations;

s. Port of entry- refers to any port designated by the Commissioner through which a foreign

national may enter or exit the Philippines;

t. Refugee - refers to a person who, owing to a well-founded fear of being persecuted for reasons
of race, religion, nationality, membership in a particular social group, or political opinion, is
outside the country of nationality, and is unable or, owing to such fear, is unwilling to avail of
the protection of that country; or who, not having a nationality and being outside the country of

former habitual residence, is unable or, owing to such fear, is unwilling to return to it;

u, Seaman, Seafarer or Crewmember- refers to a person actually employed in the operation or

service in any capacity on board a vessel;

v. Stateless Person - refers to a person who is not considered a national by any State under the

operation of its laws;

w. Travel document - refers to a certification or identifying document containing the description

and other personal circumstances of its bearer issued for direct travel to and from the Philippines


valid for short periods or a particular trip. It is issued only to persons whose claim to Philippine
citizenship Is doubtful or who fall under the category enumerated in Sec.13 of Republic Act No.
8239, otherwise known as "The Philippine Passport Act of 1996;"

x. Vessel - refers to all means of conveyances, whether aircraft or sea craft; and

y. Visa - refers to an endorsement on a passport or any travel document issued by an
Immigration Attaché abroad authorizing the holder thereof to proceed to a designated port of
entry in the Philippines and there to apply for entry and admission under the status specified
therein; or immigration status granted and/or issued to foreign nationals by the Commissioner or

the Board under this Act.

TITLE IT
THE BUREAU OF IMMIGRATION

CHAPTER 1
THE BUREAU

Sec. 4. Creation, — The Bureau of Immigration, hereinafter referred to as the Bureau, shall be
under the control and supervision of the Department of Justice (DOJ). The Bureau shall be
principally responsible for the administration and enforcement of this Act, and the
implementation of all laws, rules regulations or orders of any competent authority concerning the
entry and admission into, stay in and the departure from the Philippines of all persons. Its
personnel shall be considered as the gatekeepers and border control officers of the country,

Sec. 5. Composition and Qualification. — The Bureau shall be administered by the Board of
Commissioners, hereinafter referred to as the Board headed by the Commissioner as.
Chairperson, and two (2) Deputy Commissioners as members, all of whom shall be natural-born
citizens of the Philippines, holders of a college degree and with proven capacity for

administration and, at the time of their appointment, at least thirty-five (35) years of age:


Provided further, That at least one of the members shall be member of the Philippine Bar in good

standing for at least five (5) years as of the date of appointment.

CHAPTER 2
THE BOARD OF COMMISSIONERS

Sec. 6. Powers and Functions of the Board. - The Board shall have the following powers and

functions:
a. Quasi-judicial:
1. Decide on applications or cases relative to:

i, Deportation;
ii, Revocation of immigration status;
. Reacquisition and retention of Philippine citizenship under Republic Act No.

9225, otherwise known as the "Citizenship Retention and Reacquisition Act of
2003;"

iv. Issuance and Revocation of all visas and permits;

v. Declaration of Indigence; and

vi. Legalization of residence in accordance with law.

2. Cite and punish for contempt in relation to the discharge of its quasi-judicial functions

in accordance with the Rules of Court.

b. Rule-making:

1. Prescribe and promulgate rules of procedure for proceedings before it;
2. Prepare and publish operations manual and rules of procedure, including schedule of
fees, for all transactions entered into by the Bureau with the public; and

3. Formulate policies, directives, programs and projects of the Bureau. The Board shall
also perform such other powers and functions as provided in this Act and other existing

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


Sec. 7. Decisions of the Board. - All cases or proceedings before the Board shall be decided with
the concurrence of the majority of the members of the board. Decisions of the Board shall
become final and executory fifteen (15) days from receipt thereof by the concerned parties. Only
one (1) Motion for Reconsideration shall be allowed. Decisions in deportation cases may be
appealed to the Secretary of the DOJ within fifteen (15) days from receipt thereof by the
concerned parties. The decision of the Secretary of the DOJ shall be final and immediately
executory unless stayed by an order of the Court of Appeals.

Sec, 8. Period for Decision by the Board. - The Board of Commissioners shall decide deportation

cases within (30) days from the date they are submitted for resolution.

Sec. 9. Meetings of the Board. - In all cases, the Board of Commissioners shall convene and act
as a collegial body in all matters referred to in Sec. 6 of this Act. The Board shall meet at least
once a week or, if necessary, twice a week. Members of the Board shall be notified accordingly

and the presence of the Chairperson and one (1) member shall constitute a quorum.

CHAPTER 3

THE COMMISSIONER AND THE DEPUTY COMMISSIONERS

Sec. 10. Appointment of the Commissioner. — The Commissioner shall be appointed by the
President and shall have the same rank, salary, and privileges of an Undersecretary of a

Department.

Sec. 11. Powers and Functions of the Commissioner. -In addition to the duties as Chairperson of
the Board of Commissioners, the Commissioner shall exercise the following powers and

functions:
a. Supervise, direct and coordinate the overall operations of the Office;

b. Exercise control and supervision over the officers and personnel of the Bureau,

including the power to appoint, promote, and reassign personnel, subject to civil service


laws, rules and regulations: Provided, that promotions and appointments to positions of
Division Chiefs and above shall be made by the Secretary of the DOJ upon the
recommendation of the Commissioner;

c. Issue: (1) letter orders after determination of the existence of probable cause for the
purpose of deportation; (2) commitment or release orders; (3) warrant of deportation; (4)
order to inspect the documents, premises and records of persons covered by this Act; and
(5) derogatory information orders defined in Sec. 3(h) of this Act;

d. Delegate authority to subordinate immigration personnel and employees, as may be
defined in the IRR;

¢. Act on applications for extension of visas;

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

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

h, Issue Certificates of Naturalization and Identification to foreign nationals who have

been granted Philippine citizenship;

i, Deputize, subject to the concurrence of the Board, any official or employee of the
national government and local government units. Including uniformed personnel of the
Armed Forces of the Philippines, the Philippine National Police and the Philippine Coast
Guard to assist immigration personnel in the performance of duties and functions;

j. Authorize and prescribe, with the concurrence of the Board, the form and the amount

of cash bonds for the provisional release of respondents in deportation proceedings;

k. Impose reasonable fines and penalties for violations of immigration and alien

registration laws in accordance with this Act and the guidelines adopted by the Board;

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

operations of the Bureau;

m, Submit to the President and Congress, annually or as may be directed, a report on: (1)
the number and status of foreign nationals in the Philippines; (2) foreign nationals
admitted or granted change of status as permanent residents; (3) foreign nationals who


have been excluded or deported from the Philippines; (4) the estimated number of illegal
foreign nationals in the Philippines in each calendar year and actions taken to arrest them,
grouped by nationality, for each region In the Philippines; and (5) such other transactions
of the PIBCIS;

n, Determine the manning levels of Immigration Officers of the Bureau nationwide in
accordance with the number of arrivals in each port of entry as determined by the Board:
Provided, that for every three hundred (300) passengers there shall be one (1)

immigration personnel in an eight-hour shift;

o. Exercise disciplinary authority over personnel of the Bureau charged with less grave
and light administrative offenses, in accordance with the Revised Rules on
Administrative Cases in the Civil Service (RRACS): Provided, that the disciplinary
authority over those charged with grave administrative offenses under RRACS shall

belong to the Secretary of the DOJ;

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

q. Prescribe, with the concurrence of the Board, the appropriate forms, bonds, reports,

entries and other papers in accordance with this Act;

. Require all airlines to submit advance passenger information in the form prescribed by

the Board and prescribe penalty for the violation thereof;
s. Engage foreign counterparts pertaining to border control; and
t. Perform such other functions as are inherent to the Bureau.

Sec. 12. Appointment and Rank of Deputy Commissioners. — There shall be two (2) Deputy
Commissioners who shall be appointed by the President. They shall have the rank, salary and

privileges of an Assistant Secretary of a Department.

Sec. 13. Duties of Deputy Commissioners. - In addition to their duties as members of the Board,
the Deputy Commissioners shall supervise a minimum of two (2) Directorates and one (1)

regional office each as determined by the Commissioner.


Sec. 14, Creation of Positions and Compensation for Co-Terminus Officials and Employees. -
The following co-terminus positions are hereby created for the Office of the Commissioner and
Deputy Commissioners, except for Executive Officer III/Board Secretary which shall be
assigned only to the Office of the Commissioner. The basic monthly compensation of the

following co-terminus officials and employees shall be as follows:

POSITION SALARY - GRADE
Head Executive Assistant - 27
Executive Assistant VI - 25
Executive Assistant V - 24
Executive Assistant [V- 22

CHAPTER 4
THE BOARD SECRETARY

Sec. 15. Qualifications of the Board Secretary. - There shall be a Board Secretary of the Board
of Commissioners who must be a natural-born citizen of the Philippines, at least thirty (30) years
of age and a member of the Philippine Bar in good standing at least five (5) years prior to the

appointment.
Sec. 16. Powers and Duties. - The Board Secretary shall:
a. Attend in and take minutes of all meetings of the Board;
b. Prepare the agenda for the deliberations of the Board on Visa application;

c. Prepare the agenda for the deliberations of the Board on deportation cases as endorsed
by a Member of the Board after initial review;

d. Implement the decision of the Board approving visa applications, including
revalidation;

e. Keep and manage all records of the deliberation of the Board;


f. Advise the members of the Board on all matters relative to compliance with relevant

laws and requirements of regulatory authorities; and

g. Alll other functions as may be directed by the Board.

CHAPTER 5
THE BOARDS OF SPECIAL INQUIRY

Sec. 17. Constitution of the Boards of Special Inquiry. - There shall be constituted as many
Boards of Special Inquiry (BSI) as required in the exigency of service but not more than twelve
(12), Each Board shall be composed of a Chairperson and two (2) members. The Overall
Chairperson of the BSI shall sit as the Chairperson of the First Board of the BSI. The BSI shall
be designated according to their areas of specialization to be determined by the Board.

Sec. 18. Appointment and Qualification of the Chairpersons and Members of the BSI - The
Chairpersons and members of the BSI shall be appointed by the Commissioner, all of whom
shall be natural-born citizens of the Philippines and, at the time of their appointment, at least
thirty (30) years of age, members of the Philippine Bar in good standing and engaged in the

practice of law for at least three (3) years.
Sec. 19, Powers and Functions of the BSI. -The BST shall:
a, Recommend to the Board for final resolution cases and applications relative to:

1 Deportation;
2. Revocation of Immigration status;

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

5. Issuance of visa for stateless person.

b. Issue subpoena in cases being heard by the BSI;


c. In the exercise of its quasi-judicial functions, cite and punish persons for contempt in

accordance with the Rules of Court;

d. Recommend to the Board the Imposition, waiver or reduction of fees, fines, penalties

and other charges subject to existing laws, rules and regulations;
e. Administer oaths;

f. Promulgate rules and regulations governing matters within its assigned mandate

subject to the approval of the Board; and

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

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

Sec. 21. Creation of Positions under the BSI. - The following positions with the corresponding

salary grades are hereby created under the BSI:

POSITION- SALARY GRADE
Special Inquiry Officer IT - 25
Special Inquiry Officer I - 24

CHAPTER 6

DIRECTORATES AND OTHER OPERATING OFFICES OF THE BUREAU

Sec. 22. Directorates and Other Operating Offices of the Bureau. —The Bureau shall have the

following directorates and other operating offices, namely:

a. Directorates:


Administration;

Finance and Logistics;

Information and Communications Technology;
Planning and Research;

Alien Registration;

Immigration Regulation;

Intelligence;

Law Enforcement;

DAY Aer Del eevee ha SRN

Operations;
10. Legal Affairs; and

11, Human Resource Management and Development.

b. Regional Offices that shall be created by the Board according to political or

administrative regions.

c. Districts:
1. Major Airports; and
2. Seaports

Sec. 23. Heads of the Directorates and Other Operating Units. — Each Directorate shall be
headed by a Director with a Salary Grade of 28: Provided, that the Director for Legal Affairs
shall be a member of the Philippine Bar in good standing and must have been engaged in the
practice of law for at least three (3) years, and that the Director for Finance and Logistics shall be
Certified Public Accountant in good standing for at least three (3) years. The Regional Offices
shall be headed by a Regional Director with a Salary Grade of 27, while the District Offices shall
be headed by a District Supervisor with a Salary Grade of 26.

Sec, 24. Duties and Functions of the Directorates, Regional Offices, Districts, Field Offices and
Other Operating Offices. - The different directorates and other operating offices of the Bureau
shall have such number of officers and as may be defined by the Board to ensure the effective

performance of their respective mandates.


CHAPTER7
IMMIGRATION OFFICERS

Sec. 25. Immigration Officers, Immigration Inspectors and Immigration Agents, - The Bureau
shall employ an elite group of Immigration Officers who shall be assisted by Immigration
Inspectors and Immigration Agents in the performance of their duties and functions. No person
shall be appointed to the position of Immigration Officer, Immigration Inspector or Immigration
Agent unless such person meets the qualification standards set by the Bureau, which shall
include the following determinative factors in setting said qualification standards for each
position:

a, Educational Attainment

b. Civil Service Eligibility

c. Relevant Experience

d. Training
1. Basic
2. Advanced
3. Executive
¢. Ability

Sec. 26. Powers and Functions of Immigration Officers. —The Immigration Personnel shall have

the following powers and functions:

a. Examine, with the assistance and advice of medical authorities in appropriate
cases, foreign nationals at the port of entry concerning their admissibility to enter and

their qualifications to remain in the Philippines;

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

c. Administer oaths in connection with the performance of their duties;

d. Within lawful bounds, search for foreign nationals on any vessel reasonably believed

to be used to illegally bring foreign nationals into the Philippines, and to take into


custody any foreign national who in one's presence or view is entering or is about to enter

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

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

f. Detect and report viola

ns of the immigration and registration laws and, in

appropriate cases, take the required necessary actions upon the instructions of the
Commissioner, including follow-up on the stay of non-immigrants to prevent
overstaying;

g. Detect and report subversive activities of aliens in the interest of national security;
h, Investigate any case at the instance of the Commissioner and submit the required
reports;

i, Report on the activities of aliens inimical to national interest with a view to taking

appropriate action in accordance with law;

j. Locate and conduct surveillance against foreign nationals in violation of immigration

laws, rules and regulations;
k. Provide actionable operational, tactical and strategic Intelligence to the operating units;

1. Conduct case build up, analysis and other in-depth research, as well as provide
analytical reports on foreign nationals who violate or are in violation of immigration

laws, rules and regulations;

‘m. Coordinate with other local and international law enforcement agencies in the

gathering of intelligence information related to immigration law violations;
n, Conduct counterintelligence operations;

0. Enforce the immigration laws relating to the exclusion, deportation and repatriation of
aliens;
p. Take charge of the physical detention of aliens pending their exclusion, deportation or

repatriation;

q. Attend to the deportation of aliens;
16


r, Monitor all arriving and departing suspected terrorists, drug couriers and members of

crime syndicates;

s. Assist and escort deportees, excluded passengers and transiting restricted passengers
until finally boarded;

t. Assist in the queuing of passengers at the arrival and departure areas;

u, Investigate and escort from ports of entry intercepted passengers who are found in

possession of spurious travel documents;

v. Warrants of Deportation (WOD) and Mission Orders Involving foreign nationals who

violate or are in violation of immigration laws, rules and regulations; and

ww. Perform such other functions as may be assigned by the Commissioner from time to
time. Qualified Immigration Officers, Immigration Inspectors and Immigration Agents
with the requisite training and experience may be assigned to the Intelligence, Law
Enforcement, or Operations Directorates depending on the exigencies of the Bureau. The
Board may, in the exigencies of service, designate certain duties and responsibilities
listed in this Section to other officers and employees in the Intelligence, Law
Enforcement or Operations Directorates in an acting capacity: Provided, that such

designation shall not exceed a period of one (1) year.

Sec. 27. Deployment of Immigration Personnel Abroad. - Within ninety (90) days from the

effectivity of this Act, the Bureau shall promulgate the implementing rules and regulations on the

assignment and deployment of immigration personnel to select consular posts abroad who shall,

subject to the pertinent provisions of Republic Act No. 7157 or the "Philippine Foreign Service

Act of 1991," perform immigration duties, except diplomatic and consular functions.


CHAPTER 8
CAREER DEVELOPMENT PATTERN

Sec. 28. Career Development - The Bureau shall:

a. Establish and strengthen the Philippine Immigration Academy which shall be under the

control and supervision of the Commissioner;

b. Create a continuing program to enhance the knowledge, skies and competence of all

personnel through a career advancement training and education prior to their promotion;

and

c. Formulate training requirements to implement the provisions in this Title.

CHAPTER 9
OTHER OFFICES

Sec. 29. Field Offices of the Bureau. - The Bureau shall operate and maintain a field office in

each of the administrative or political regions, including the National Capital Region.

Sec. 30. Changes in the Composition, Distribution of Assignment of Field Offices. - The
Commissioner may make changes in the composition, distribution and assignment of field
offices, as well as its personnel, based on the demographics of the foreign nationals and as the

exigency of the service requires.

Sec. 31. Border Control Stations. - There shall be established Border Control Stations which
shall be manned by Border Control Personnel appointed by the Commissioner. The Border

Control Stations shall be placed in specific areas in the Philippines which shall be determined by

the Board.


TITLE 1

TMMIGRATION

CHAPTER 1

NON-IMMIGRANTS

Sec. 32. Categories of Non-immigrants and Types of Visa Issued. - Foreign nationals departing
from any place outside the Philippines who are otherwise admissible and who qualify under any

one of the following categories may be admitted as non-immigrants:

a. Temporary visitors (A Visas): Visitors coming to the Philippines for a temporary

period for reasons of business, pleasure or health:

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

2. Pleasure (A-2 Visa): Temporary visitors who stay in the Philippines for

holiday, including sightseeing, recreation or visiting relatives; and

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

medical treatment.

b. Transit Persons (B Visa): Persons passing through the Philippines solely for a "stop
over" who have a confirmed connecting flight to another country or passengers in

immediate and continuous transit to a destination outside the Philippines;

c. Crew members (C Visa): Members of the crew of vessels required for the normal
operation and servicing of the vessels who come to the Philippines temporarily as part of

their jobs either arriving with or coming to join the vessels;


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

country shall be granted a D-2 visa;

e. Accredited Foreign Government Officials, Their Families and Household Member (E
Visas): Foreign government officials, their families and household members coming to
the country for official purpose, pursuant to international conventions and bilateral

agreements, shall be granted E Visas divided into four (4) types, namely:

1. Persons eligible for E-1 Visa: The E-1 Visa shall be issued to the following
classes of foreign nationals:

i, Heads of State and/or Heads of Government and their personal
representatives;

ii, Members of reigning royal families from countries recognized by the
Philippine Government;

iii, Governors-General, Governors, and High Commissioners of
dependent territories and their personal representatives;

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

v. Presiding officers of national legislative bodies;

Vi. Justices or judges of the highest national judicial bodies;

vii. Diplomats and career consular officials on foreign assignment in the
Philippines;

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

20


mission; and
ix. Accompanying spouses and unmarried dependents of foreigners within

the abovementioned categories;

2. Persons eligible for E-2 Visa: The E-2 visa shall be issued to an official of a
foreign government recognized by the Philippines and who is a national of the
country whose government he represents and is proceeding to the Philippines on a
long-term basis in connection with official business for such foreign official's
government. This category includes, inter alia, the folioing classes of foreign

nationals:

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

ii, Officials participating in programs under the auspices of the Philippine
Government or recognized international institutions; and

iii, Accompanying spouses and unmarried dependents of foreigners within

the abovementioned categories;

3. Persons eligible for E-3 Visa: The E-3 visa shall be issued to an official of a
foreign government recognized by the Philippines, is a national of the country
whose government he represents and is proceeding to the Philippines on a short-
term basis in connection with official business for such foreign official’s
government. This category includes, inter alia, the folioing classes of foreign

nationals:

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

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

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

missions;

4, Persons eligible for E-4 Visa: The E-4 Visa shall be Issued to the private

employees and household members of persons to whom E-1 and E-2 visas have

2


been granted, as well as their Immediate dependents; All visas under enumerated
in Sec. 32(e) of this Act shall be exclusively issued and renewed by the DFA,
which shall also determine the type of E- Visa of Foreign Government Officials
not identified in the foregoing lists. The grant of Immunities and privileges shall
be subject to applicable domestic and international law and international
agreements to which the Philippines is a party, as well as in consideration of the

principle of reciprocity.

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

Higher Education In coordination with the Bureau;

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

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

i. Representatives of Accredited International Organizations and Government Agencies
(L'Visa): Foreign officials and staff of accredited international organizations, including
their dependent family members, staff, and household members shall be granted I Visas
divided into four (4) types, namely:

1. Persons eligible for I-I Visa: The I-I Visa shall be issued to the principal

officials of international organizations, as well as their accompanying wives and

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dependents;

2. Persons eligible for 1-2 Visa: The 1-2 visa shall be issued to the other officials
and staff of international organizations, as well as their accompanying spouses
and dependents;

3. Persons eligible for 1-3 Visa: The 1-3 visa shall be issued to officials and staff
of international organizations who will perform short-term official work with the
international organization upon its invitation; and

4. Persons cligible for 1-4 Visa: The 1-4 Visa shall be issued to the private
employees and household members of persons to whom E-I and E-2 visas have
been granted, as well as their immediate dependents. Accredited international
organizations include any public international organization engaged in activities
of which the Philippines participates pursuant to any treaty or under the authority
of any act of the Congress of the Philippines authorizing such participation or
making an appropriation for such participation and such other international
organizations, institutions, agencies, programs, foundations and entities which are
recognized by the government of the Republic of the Philippines, including those
existing and already recognized as such at the time of the effectivity of this Act.

All types of visas under Sec. 32(i) of this Act shall be exclusively issued and
renewed by the DFA, which shall also determine the type of I Visa of officials
and staff of International Organizations who are not identified in the foregoing
list. The grant of immunities and privileges shall be subject to applicable domestic
and international law, relevant Headquarters Agreements, and International
agreements to which the Philippines is a party.

j. Media Workers (J Visa): Foreign media personnel or correspondents, duly accredited
by the government agency concerned, who are bona fide representatives of a foreign
press, radio, satellite, television, film, or other information media, and are coming to the
Philippines solely to engage in gathering information principally for dissemination
abroad, including their family members accompanying or following to join them during

the period of the assignment in the Philippines;

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

approved by the Philippine Government;

I, Refugees (L-1 Visa) and Stateless Persons (L-2 Visa): Refugees as defined in Sec. 3
(y) hereof shall be issued L-1 Visa. Stateless persons, whose admission for humanitarian

reasons and not inimical to public interest has been approved by the Commissioner or the
President in such cases and under such conditions as he may prescribe, shall be issued L-
2 Visa;

m. Bridging Visa (M Visa): A temporary visa which allows a foreign national to stay in
the Philippines after the expiration of the current visa, other than temporary visitor visa
under Sec. 39(a), while an application for adjustment of status is being processed; and

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

or for humanitarian considerations and under such conditions as may be prescribed.

CHAPTER 2
IMMIGRANTS,

Sec. 33. Quota Immigrants. — Subject to the conditions set forth in this Act, there may be
admitted into the Philippines, immigrants, otherwise known as "quota immigrants," not to exceed

two hundred (200) of any one nationality for any one calendar year and upon allotment by the

Commissioner of the corresponding quota number. In the allotment of quota numbers, the

following order of preference shall be observed:

a. First Preference: Those whose service and qualifications show high educational
attainment, technical training, specialized experience, or exceptional ability In the

sciences, arts, professions, or business as would reasonably enhance and contribute

24


substantial benefits prospectively to the national economy, or cultural or educational
interests or welfare of the Philippines, including their family members, accompanying or
following to join them, who shall likewise be allotted individual quota numbers;

b. Second Preference: Parents of a naturalized Philippine citizen;

c. Third Preference: Spouses or minor children of foreign nationals who are lawful

permanent residents of the Philippines; and

d. Fourth Preference: Parents of foreign nationals who are lawful permanent residents of

the Philippines.

Sec. 34, Allotment of Quota. — The Commissioner shall, with respect to the first preference,
allot not more than fifty percent (50%) of the annual quota allotment up to the end of June each
year: Provided, that if the fifty percent (50%) is not utilized by the first preference, the balance
thereof shall be given to the second, third, and fourth preferences in accordance with Sec. 33 of
this Act shall be that of the country of which the immigrant is a national or a citizen. Any unused
quota allotment for a calendar year shall not be carried over and utilized for the ensuing calendar

year.

Sec. 35. Basis in Determination of Quota Allotment — The nationality of immigrants whose
admission is subject to the numerical limitation imposed by Sec. 33 of this Act shall be that of
the country of which the immigrant is a national or a citizen. The nationality of immigrants
possessing dual nationality may be that of either of the two countries regarding them as a
national or citizen if they apply for a visa in a third country. If such immigrants apply for a visa
within one of the two countries regarding them as a national or citizen, their nationality shall be

that of the country in which they filed their application for a visa to enter the Philippines.
Sec. 36. Non-Quota Immigrants. — The following immigrants, known as "non-quota
immigrants," may be admitted without regard to numerical limitation and immigration
reciprocity:

a. The spouse of a Philippine citizen: Provided, that abandonment by the foreign spouse,

the failure to give support by the foreign spouse to the Filipino spouse and family, and

the legal separation or termination of the marital status by annulment, declaration of

25


nullity of marriage or divorce where the cause is attributable to the foreign spouse, shall
constitute grounds for cancellation of the immigrant visa issued to the foreign spouse;

b. A person of Filipino descent regardless of generation;

c. A child bom to a foreigner mother during her temporary visit abroad, the mother being
a lawful permanent resident of the Philippines, if accompanied by or coming to join the
mother who applies for admission within five (5) years from the birth of the child;

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

e. A foreign national who had been previously lawfully admitted into the Philippines for
permanent residence who is returning from a temporary visit abroad to an unrelinquished
residence in the Philippines;

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

g. Spouse, parent, children, legitimate siblings of a foreign national who is gainfully

employed and holder of a permanent resident status for a period of seven (7) years.

CHAPTER 3
NATIVE-BORN FOREIGN NATIONAL

Sec. 37. Status of Children Born to Immigrants. — A child born in the Philippines to parents
who are foreign nationals and lawful residents of the Philippines shall be deemed a native-born

permanent resident.

Sec. 38. Status of Children Born to Non-immigrants. - A child born to parents who are both non-

immigrants shall be deemed a native-born non-immigrant or temporary resident and may remain

in the Philippines only during the period of authorized stay of parents, unless the child reaches

the age of eighteen (18) years while continuously residing in the Philippines, in which case such

child may apply for naturalization under existing laws or for an appropriate visa.

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CHAPTER 4
ADJUSTMENT OF STATUS,

Sec. 39. Conditions for Adjustment of Status of Foreign Nationals. — The status of a foreign
national admitted into the Philippines as non-immigrant may be adjusted by the Board to that of

a foreigner lawfully admitted as a permanent resident if:
a, The foreigner makes an application for such adjustment;

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

c. A quota immigrant visa, if such is the case, is immediately available to the foreign
national at the time of application, without the need of first departing from the
Philippines. In all such cases, the personal appearance of the foreigner shall be required

during the consideration of the application.

Sec. 40. Effect of Approval on Application for Adjustment — Upon the approval of an
application for adjustment of status under the preceding Section, the Commissioner shall record
the foreign national’s lawful admission as a permanent resident as of the date of the approval of
the application and shall be included as part of the quota for the calendar year in accordance with

the provisions of this Act.

Sec. 41. Adjustment of Status, When Not Allowed. — Adjustment of status under this Act shall

not be applicable to:

a. A foreign national who has violated or is in violation of immigration laws, rules and
regulations unless the violation is without the fault of the foreign national or for purely
technical reasons; and

b. Transients.

Sec. 42. Loss of Status. - A registered foreign national, except a temporary visitor, who fails to
return to the Philippines within a period of one (1) year from departure shall lose the status
granted under Title III of this Act. Such foreign national may apply for an extension of the period

27


within which to return prior to its expiration and pay the prescribed fees and charges in order to
maintain the status or type of visa granted.

CHAPTER 5

DOCUMENTATION AND ADMISSION OF NON-IMMIGRANTS

Sec. 43. Documentary Requirements of Non-Immigrants. - Non-immigrants must present for
admission into the Philippines valid passports issued by the governments of the countries to
which they owe allegiance or other travel documents showing their nationality and identity as
prescribed by regulations, a valid visa granted by the Philippine Immigration Attaché, if
required, and such other relevant documents as may be required under existing laws, rules,

regulations, or multilateral or bilateral agreements.

Sec. 44. Conditions and Period of Authorized Stay of Temporary Visitors. —The initial period of
authorized stay of a foreign national admitted as a temporary visitor under Sec, 33(a) of this Act
shall not exceed fifty-nine (59) calendar days from the date of arrival, subject to bilateral,
regional and multilateral visa agreements entered into by the Philippines: Provided, that the
conditions for extensions and total period of authorized stay shall be prescribed by the
Commissioner: Provided, further, that during the foreign national's authorized stay, such foreign
national: (a) shall not take any employment, whether paid or unpaid; (b) shall not establish or
join in any business; and (c) shall not enroll or become a student at a school, college, university,
academy, or other educational institution, unless granted, upon proper application, a conversion

to another immigration status provided under this Act.

Sec. 45. Conditions for Issuance of Pre-Arranged Employment Visas. — A foreign national who
is coming to the Philippines for prearranged employment shall not be issued a non-immigrant
visa referred to in Sec. 32(g) until the Immigration Attaché shall have received authorization for
the issuance of the same. Such authorization shall be given only upon the filing of a petition
with the Board establishing, among others, that no person can be found in the Philippines willing

28


and competent to perform the work or service for which the foreigner is desired and that the
admission would be beneficial to the public interest. The petition shall be under oath by the
prospective employer or the latter's representative in the form and manner prescribed by the
Board. If the Board finds that the petition complies with the requirements of the preceding
paragraph and of other regulations. It shall grant the petition and shall promptly transmit the
authorization to the DFA,

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

Consular Officer.

Sec. 47. Inspection of Crewmembers. - It shall be the duty of the master, captain, agent, owner or
consignee of any vessel arriving in the Philippines to have available on board, for inspection by
the Immigration Personnel, any foreign crewmember employed on such vessel and, when
required by the Immigration authorities, to detain such crewmember on board after inspection or
to remove such crewmember. No crewmember on board such vessel shall be discharged while

the vessel is in port without the permission of the Commissioner.

Sec. 48. Permission for Temporary Landing of a Foreign Crewmember. — A foreign
crewmember on a vessel arriving in the Philippines may be permitted to land temporarily under
such conditions as may be prescribed by the Commissioner. All expenses incurred by the Office
while the crewmember is on land shall be borne by the master, captain, agent, owner or

consignee of the carrying vessel.

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CHAPTER 6

DOCUMENTATION AND ADMISSION OF IMMIGRANTS,

Sec. 49. Documentary Requirements of Immigrants; Instances When Not Required. —
Immigrants must present for admission into the Philippines valid passports or travel documents
issued by the government of the country to which they owe allegiance, showing their nationality
and identity and valid immigrant visas indicating the date of issue and the period of validity

thereof. Immigrant visas shall not be required of the following:

a. A child born subsequent to the issuance of a valid immigrant visa to the accompanying

parent;

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

and

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

re-entry permit.

CHAPTER 7
VISA ISSUANCE

Sec. 50. Nature of Visa. —Nothing in this Act shall be construed to automatically entitle any
foreign national to whom a visa or other travel document has been issued to enter the Philippines
if, upon arrival at a port of entry, he/she is found to be inadmissible under this Act or any other

law.

30


Sec. 51, Visa Policy. - The policies governing the issuance, extension, renewal and conversion of
visas referred to in this Act shall be formulated by the Bureau and the DFA, when appropriate, in

consultation with concerned government agencies and offices.

Sec. 52. Visa Issuance Abroad, - Alll visas issued abroad shall be done by Consular Officers
assigned at Philippine Foreign Service posts in the following manner:

a. Upon approval by the Commissioner and recommendation by a Consular Officer, a
quota immigrant visa may only be issued to a foreign national who has made a proper application
therefor, which shall specify the nationality to which the quota number is assigned, the
immigrant's particular status in such country, the preference to which the foreign national is
classified, the date on which the validity of the visa shall expire, and such additional information
as may be required; and

b. The DFA, through its Consular Office abroad or the Office of the Visa Director, shall
approve the issuance of non-quota immigrant and non-immigrant visas to a foreign national who
has made a proper application therefor. The issuance of special non-immigrant visas falling
under the jurisdiction of a particular government office or agency can only be done in

coordination with and upon recommendation of the government agency or office concerned.

Sec. 53. Requirements for Physical and Mental Examination Prior to Issuance of Immigrant
Visa. - Prior to the issuance of an immigrant visa to any foreign national, the Consular Officer
shall require such person to submit to a physical and mental examination in accordance with

such regulations as may be prescribed by the Commissioner.

Sec. 54. Visa Validity Period. —A single-entry non-immigrant or immigrant visa issued by a
Consular Officer abroad pursuant to Sec. 52 of this Act shall be valid for a period not exceeding
three (3) months: Provided, that in prescribing the validity period of a single-entry non-
immigrant visa, the Consular Officer may allow a longer validity period based on reciprocity as
accorded by the foreign country to citizens of the Philippines who are within a similar class. An
immigrant visa may be replaced under the original number during the calendar year in which the
original visa was issued to a foreign national who establishes to the satisfaction of the Consular
Officer that the original immigrant visa was not used during the period of its validity for reasons
beyond the visa holders control: Provided, further, that the foreign national is found by the
Consular Officer to be eligible for another immigrant visa and has paid all the fees.

31


Sec, 55. Denial of Visa; Grounds. — The Consular Officer may deny the application for visa (a)
if it appears from the statements in the application or in the documents submitted the applicant is
not eligible for a visa under this Act; or (b) if the applicant fails to comply with the requirements
of the provisions of this Act.

Sec. 56, Revocation of Visa Issued by Consular Officer. —The Commissioner may, for valid
cause and upon confirmation by the DFA, revoke a visa issued by any Consular Officer. If the
notice of revocation is not received and the visa holder applies for admission into the Philippines,
the admission or entry of the foreign national shall be determined by the Immigration Personnel

upon arrival at the port of entry.

CHAPTER 8
RE-ENTRY AND EMIGRATION CLEARANCE

Sec. 57. Re-entry. —In all instances when a registered foreign national, except a temporary
visitor, departs or is about to depart temporarily from the Philippines with the intention to return
within one (1) year from departure, the foreign national must secure a re-entry permit or, if the
authorized stay is less than one (1) year, a Special Return Certificate, and pay the corresponding

fees and charges therefor.

Sec. 58. Emigration Clearance. - A registered foreign national who departs permanently from the
Philippines shall surrender all Philippine immigration documents and apply for and be issued an

Emigration Clearance Certificate, subject to the following conditions:

a. The immigrant has no pending obligation with the government or any of its agencies or

instrumentalities;

b. The immigrant has no pending criminal, civil, or administrative proceeding which

requires continued presence in the country; and

c. There is no ongoing legislative inquiry where the immigrant is called upon to testify as
a witness. A temporary visitor departing from the Philippines shall, after the expiration of

32


the initial authorized stay, apply for emigration clearance and pay the prescribed fees and

charges therefor.

CHAPTER 9
PRESIDENTIAL PREROGATIVES

Sec, 59, Presidential Prerogatives. — Any provision of this Act to the contrary notwithstanding,
the President may:

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

b. Waive passport or documentary requirements for non-immigrants and immigrants

under such terms and conditions as may be prescribed;

c. Change the status of non-immigrants by allowing them to acquire permanent residence

status without necessity of a visa;
d. Deport any foreign national, subject to the requirement of due process;

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

conditions as may be prescribed;

£. Prohibit the departure from the Philippines of any person who is likely to disclose
information affecting national security, or who is likely to organize a rebellion abroad
against the Philippines, or whose presence in the country is necessary to face, or be a

witness in, criminal proceedings; and

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

recognized by the generally accepted principles of international law.

33


TITLE IV
PROVISIONS RELATING TO ENTRY

CHAPTER 1
CLASSIFICATION OF PORTS OF ENTRY

Sec. 60. Authority to Classify Ports. - The Commissioner shall classify and designate, from
among the ports of entry established by law for immigration purposes, limited or unlimited ports
of entry through which foreign nationals may be admitted into the Philippines. Only such classes
of foreign nationals as provided under the rules and regulations prescribed by the Commissioner
may be admitted at limited ports of entry. The Commissioner may, after due notice to the public,
close designated ports of entry in the interest of national security or public safety.

CHAPTER 2
PROCEDURES ON ARRIVAL

Sec. 61. Inspection by Immigration Personnel. — A foreign national secking admission or
readmission shall present a valid passport and visa, if required, to the immigration personnel at
the port of entry and shall be subject to primary inspection. The decision of the examining
Immigration Officer, if favorable to the admission of any foreigner, may be challenged by
another Immigration Officer on any ground provided in this Act. The final determination on the
admissibility of such foreign national shall be determined by the Commissioner within forty-
eight (48) hours in case no resolution is reached between the Immigration Officer on the
challenged admission. In case of admission, the Immigration Officer shall indicate in the

passport the date, the port of entry and the identity of the vessel boarded.

Sec. 62. Detention or Quarantine for Examination. — For the purpose of determining whether a
foreign national arriving at any port in the Philippines belongs to any of the classes excludable

under this Act by reason of being afflicted with any of the contagious or communicable disease

34


or mental disorder as set forth under Sec. 73(a) of this Act or whenever the Commissioner has
received information showing that foreigners are coming from a country or a place where any of
such diseases are prevalent or widespread, the foreigner shall be detained or quarantined for a
reasonable period of time to enable the immigration and medical officers to subject such person

to observation and examination.

Sec. 63. Medical Examination Requirement - Any arriving foreign national whom the examining
Immigration Officer believes to belong under the class of excludable foreign nationals specified
in Sec. 73(a) of this Act shall be referred to designated medical officers for physical and mental
examination. Such medical officer shall certify the findings of the examination for the

information of the Immigration Officer.

Sec. 64. Arrival Notice Requirements of Vessel. - The immigration authorities shall be given

prior notice of the arrival of any civilian vessel before such vessel comes into any area in the

Philippines from any place outside thereof. Such prior notice shall not be required in the case of
vessels with scheduled arrivals filed with the Immigration Officer in charge at the international
port of entry. If, upon arrival in any area other than the designated port and there is no available
Immigration Officer therein, the master, pilot, captain, agent or consignee shall not allow the
passengers and crew members to disembark or leave the primary inspection area until the

Immigration Officer shall have conducted the primary inspection formalities.

Sec. 65. Contents of Notice of Arrival. —The advance notice of arrival required in the preceding

Section shall specify the following:
a. Type of vessel and registration marks;
b. Crew list, who have been duly issued visas;
c. Passenger manifest;
d. Port of last departure;

¢. International port of intended destination, or another place authorized by the

Commissioner;

f. Estimated time of arrival; and

35


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

CHAPTER 3
FOREIGN CREWMEMBER

Sec. 66. Conditional Permit to Disembark. — A foreign crewmember of a vessel under Sec.
32(c) of this Act may be granted a conditional permit, in a form prescribed by regulations, to
disembark temporarily from the vessel on which such crewmember arrived while the vessel

remains in port under such terms and conditions as may be prescribed by the Commissioner.

Sec. 67. Confiscation and Cancellation of Permit; Deportation from the Philippines. — Upon the
determination that the foreign national is not a bona fide crewmember or does not intend to
depart on the vessel that brought him, the Commissioner shall cancel and confiscate the
conditional permit already issued, take such foreign national into custody, and require the owner,
operator, captain, master, pilot, agent or consignee of the vessel on which the foreigner arrived to
receive and detain the foreigner on board. The expenses for removal of the foreign national.
including the cost of detention and other expenses incidental thereto, shall be borne by the

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

Sec. 68. Liability for Overstaying Foreign Crewmen, — A foreign crewmember who remains In
the Philippines in excess of the period allowed in the conditional permit issued shall be solidary
liable with the owner, operator, captain, master, pilot, agent or consignee of the vessel to pay the

penalties prescribed in Sec. 116 of this Act.

Sec. 69. Liability for Unauthorized Discharge of Foreign Crewmember. —It shall be unlawful
for any person, including the owner, operator, captain, master, pilot, agent or consignee of any
vessel to discharge any foreign crewmember employed by a vessel arriving in the Philippines
and while in port, without first obtaining the prior permission of the Commissioner. Otherwise,
such person or owner, operator, captain, master, pilot, agent or consignee of the vessel shall pay
such fines as may be prescribed under this Act. No vessel shall be granted clearance from any
port in the Philippines while such fines remain unpaid or while the validity thereof is being

36


determined: Provided, that a clearance may be granted prior to such determination upon deposit
ofa sum or cash bond sufficient to cover such fines as approved by the Commissioner.

Sec. 70. Duty to Report Desertion or Illegal Landing of Foreign Crewmember. —The owner,
operator, captain, master, pilot, agent or consignee of any vessel shall immediately report, in
writing, to the Immigration Officer all cases of desertion or illegal disembarkation in the
Philippines from the vessel, together with a description of such foreign nationals and any

information that shall result in their apprehension.

Sec. 71. Requirement for Submission of List of Newly Employed, Discharged and Illegally
Landed Foreign Crewmember. — Prior to the departure of any vessel from the last port in the
Philippines destined to any place outside thereof, the owner, operator, captain, master, pilot,

agent or consignee thereof shall deliver to the Immigration Officer at that port a list containing:

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

b. The names of those who have been discharged, if any;

c. The names of those who have deserted or illegally landed at that port, if any; and

d. Such other additional Information as the Commissioner deems necessary.

Sec. 72. Liability for Failure to Submit Complete, True and Correct Report. — The owner,
operator, captain, master, pilot, agent, or consignee who fails to submit a true and complete list
or report of foreign nationals or to report cases of desertion or illegal landing shall pay such sum
as may be prescribed under this Section 112 of this Act. No vessel shall be granted clearance
from any port in the Philippines while such fines remain unpaid or while the validity thereof is
being determined: Provided, that clearance may be granted prior to such determination upon

deposit of a sum or cash bond sufficient to cover such fines as approved by the Commissioner.

37


CHAPTER 4

EXCLUSIONS

Sec. 73. Exclusion Grounds. - The following classes of foreign national shall not be allowed

entry and shall be excluded from the Philippines:

a. Health Related Grounds

1. Those who are found to be suffering from a communicable, dangerous or
contagious disease, unless excepted under existing laws, rules and regulations;
2. Those who are found to be suffering from mental disorder or associated
behavior that may pose a threat to persons or danger to property;

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

substance;
b. Economic Grounds

1.Those likely to become a public charge;
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;

c. Moral Grounds
1. Those coming to the Philippines to practice polygamy or who advocate the
practice of polygamy unless the person's religion allows such practices;
2. Those who are pedophiles, sexual perverts, or those coming to the Philippines

for immoral purposes;
3. Those who are engaged or who seek to engage in prostitution or to procure ot

attempt to procure prostitutes, or who receives in whole or in part the proceeds of
prostitution;

38


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 employee of the Bureau;

d. Criminal and Security Grounds

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

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

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

4, Those who are fugitives from justice;

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

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

ii, Any activity aimed to promote membership in an organization of
syndicated criminal activities;

iii, Any activity, the purpose of which is to overthrow the Philippine

government by force, violence or other unlawful means; and
iv. Any other unlawful activity.

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

terrorist organization;

39


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

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

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

prohibited articles into the country.

Sec. 74, Temporary Custody of Excludable Foreign Nationals. — For the purpose of
ascertaining whether a foreign national arriving in the Philippines belongs to any of the
excludable classes of foreign national provided for in this Act or related laws, the Immigration
Officer, for a period not exceeding seventy-two (72) hours, may temporarily take into custody
for investigation such foreign national either on board the vessel or at a place designated for the
purpose at the expense of the master, captain, agent, owner or consignee of the carrying vessel;
Provided, that nothing in this provision shall be construed to unlawfully deprive persons so taken

into custody of any of their rights under international law or the Constitution.

Sec. 75. Finality of Exclusion Order. — An order by the Immigration Personnel to exclude a
foreign national who is excludable under this Act is final and executory unless revoked by the

Commissioner upon a timely appeal prior to the implementation of the exclusion order.

Sec. 76. Authority to Waive Grounds for Exclusion. — Except for grounds of exclusion under
Sec. 73(d), subparagraphs | to 7 and 9, the Commissioner may waive any of the grounds for
exclusion mentioned in Sec. 73 of this Act.

Sec. 77. Procedure of Removal and Cost Thereof - Foreign nationals arriving in the Philippines
who are ordered excluded shall be immediately removed in the same accommodation to the
country where they boarded the vessel on which they arrived, unless the Commissioner
determines that immediate removal is not proper and practicable, in which case such excluded

foreign nationals shall be ordered detained. The cost of detention and other expenses incidental

40


thereto shall be borne by the owner, operator, master, pilot, captain, agent or consignee of the

vessel on which such foreigners arrived.

Sec. 78. Country Where Removal is to be Directed. — If the government of the country
designated in the preceding Section will not accept the foreign national into its territory, the
removal of the foreign national shall be directed, at the Commissioner's discretion to any of the

following:
a. The country which the excluded foreigner is a citizen or national;
b. The country of birth;
c. The country of the foreign national’s habitual residence; or

d. The country willing to accept the foreign national into its territory, if removal to any of

the foregoing countries is impractical or impossible,

Sec. 79. Obligation of Owner, Operator, Master, Captain, Pilot, Agent or Consignee. — It shall
be unlawful for an owner, operator, master, captain, pilot, agent, or consignee of a vessel to

refuse or fail to:

a. Board a foreign national ordered excluded and removed in the same vessel or another

vessel owned or operated by the same company;

b. Detain a foreign national on board any such vessel at the port of arrival when required

by this Act or when so ordered by an Immigration Officer;

c. Deliver a foreign national for medical or other examinations when so ordered by an

Immigration Officer;

. Remove a foreign national from the Philippines to the country to which the individual's

removal has been directed; or

e. Pay the cost of detention and other expenses incidental thereto Incurred while the
excluded foreign national is being detained as required by Sec. 78 of this Act or other

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

Sec. 80. Penalty for Non-compliance of Obligation. — The owner, operator, master, captain,
pilot, agent, or consignee of a vessel who violates Sec. 79 of this Act shall pay the fines

4


prescribed in Sec. 113 of this Act. No vessel shall be granted clearance from any port in the
Philippines while such fines remain unpaid or while the validity thereof is being determined:
Provided, that clearance may be granted prior to such determination upon deposit of a sum or
cash bond sufficient to cover such fines as approved by the Commissioner.

TITLE V
DEPORTATION

CHAPTER 1

DEPORTABLE FOREIGN NATIONALS

Sec. 81. Classes of Deportable Foreign Nationals. - The following foreign nationals shall be
taken into custody upon the order of the Commissioner and deported upon recommendation by

the BSI and approval by the Board:

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

immigration authorities;

b. Those who entered the Philippines who were not lawfully admissible at the time of

entry;

c. Those who abet or aid in the practice of prostitution, including the owner or manager

of a prostitution den, or who are pedophiles;
d. Those who, at any time after the date of entry, have become a public charge;

¢. Those who remain in the Philippines in violation of any period of limitation or

condition under which they were admitted;

f. Those who believe in, advise, advocate or teach the overthrowing by force and

violence the Government of the Republic of the Philippines or any duly constituted

42


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

otherwise, in the dissemination of such doctrines;
g. Those who, at any time after entry, engage in, abet, aid or finance any terrorist activity;

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

i, Those who, at any time after entry, are convicted by final judgment of a crime

involving moral turpitude punishable under Philippine penal laws;

j. Those who were admitted as non-immigrants and who obtained an adjustment of their
admission status for convenience, or through fraud, falsification of documents,

misrepresentations or concealment of material facts;
k. Those who violated Philippine labor and taxation laws, rules and regulations;

1. Those who are found to be undesirable and whose further stay in the Philippines is
inimical to public welfare and interest, or the dignity of the Filipinos, or the Republic of

the Philippines as a sovereign nation;

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

purpose of satisfying or complying with the requirements of the Bureau;

n. Those whose presence or activities in the country may result in adverse consequences

to Philippine foreign policies as determined by the Secretary of Foreign Affairs;

0. Those who misrepresented themselves as Filipino citizens in all immigration matters;

and

43


p. Those who commit any violation of the provisions of this Act, independent of any
criminal action which may be brought against them: Provided, that in case of a foreign

national who, for any reason, is convicted and sentenced to suffer both imprisonment and
deportation, said foreign national shall first serve the entire period of the sentence before

being deported.

Sec. 82. Non-Prescription of Deportation Cases. -The right of the State to initiate at any time

deportation proceedings shall not prescribe.

Sec. 83. Nature of Deportation Proceedings. - Deportation proceedings shall be independent of
any action that may be instituted against a foreign national: Provided, that no deportation orders
shall be implemented against foreign nationals facing preliminary Investigation, prosecution and

trial before competent authorities.

CHAPTER 2
DEPORTATION OF FOREIGN NATIONALS

Sec. 84. Formal Charge of Deportation. - A formal charge for deportation shall be issued upon

determination of the existence of a prima facie case against the foreign national.

Sec. 85. Bail. - Pending final determination of the foreign national's deportation case, the

foreign national shall, upon the discretion of the Commissioner:
(a) remain under detention; or

(b) be released on bail or recognizance. The bail may be revoked and confiscated in favor
of the government if there is sufficient evidence that the foreign national is evading the
proceedings or is attempting to abscond. In which case such foreign national shall be
taken into custody and placed under detention by order of the Commissioner.

Sec. 86, Custody of a Foreign National Convicted of a Felony or an Offense. - After service of
the sentence or compliance with the conditions of parole or probation, as the case may be, the

foreign national shall be taken into custody for Immediate deportation by order of the Board.

44


Sec, 87. Voluntary Deportation, When Authorized. -The Commissioner may waive the
deportation proceedings and order the departure of the foreign national within the period
specified in the voluntary deportation order if the foreign national does not contest the formal
charge and opts to voluntarily leave the country and pays for all expenses: Provided, that the
foreign national has not committed any criminal offense or has no pending criminal
investigation: Provided, further, that the said foreign national so deported shall be barred from

re-entering the country without prior written authorization from the Commissioner.

Sec. 8. Period to Enforce Order of Deportation. - The order of deportation shall be enforced
immediately but in no case shall exceed three (3) months from the date it has become final and
executory. If deportation is not enforced within the prescribed period, the foreign national may

be released on bail or recognizance.

Sec, 89. Suspension of Deportation Order. -The Commissioner may suspend the implementation
of the deportation order and order the release of the foreign national on bail or recognizance,

taking into account the following factors:
a. Age, health, family or conduct;
b. Period of detention;
c. Impact on national security and public welfare;
d. Unavailability of travel documents;
c. Existence of an application for refugee or statelessness status; or
f. Other humanitarian considerations.

Sec. 90, Reinstatement of Deportation Order. -A deportation order previously implemented
against a foreign national who unlawfully re-entered the Philippines shall be deemed
automatically reinstated and shall be implemented in accordance with this Act. This provision
shall also apply to a foreign national who departed voluntarily under Sec. 88 and re-entered the

Philippines unlawfully or without prior written authorization from the Commissioner.

Sec. 91. Country of Destination of Deportee. -Except as provided for under an existing treaty or
international agreement, a foreign national shall be deported to the country of which the person is

45


a citizen or national, or foreign national's country of birth, or the country of which the individual
is a resident, or the country from which the individual embarked for the Philippines, subject to

the acceptance by the receiving country.

Sec. 92. Cost of Deportation. - The cost of deportation shall be borne by the owner, operator,
captain, master, pilot, agent or consignee of a vessel in case its foreign crewmember is to be
deported under Sec. 81 of this Act. In all other cases, the cost of deportation shall be borne either
by the deportee, by the concemed consular office, non-government organizations or people’s
organizations with which the Bureau has an agreement on this matter, or from the appropriations

for the enforcement of this Act.

Sec. 93. Liability of Owner, Operator, Captain, Master, Pilot, Agent or Consignee of a Vessel. -
Failure or refusal on the part of the owner, operator, captain, master, pilot, agent or consignee of
a vessel to take on board, guard safely and transport the deportee to the foreign national's country
of destination, or to shoulder the cost of deportation of the foreign crew member as provided in
the preceding Section, shall be subject to the administrative fines prescribed under Sec. 113 of
this Act.

Sec, 94, Expenses of Accompanying Person. - The Commissioner may, for security reason or by
reason of the mental or physical condition of the deportee, direct an employee of the Bureau to
accompany such deportee to the country of the deportee's destination, subject to the provisions of
Sec. 88 of this Act.

CHAPTER 3
INDIGENT FOREIGN NATIONAL

Sec. 95. Removal of Indigent Foreign National. - At any time after entry, the Commissioner may
remove or otherwise deport indigent foreign nationals from the Philippines to the country of
which they are citizens or nationals, their country of birth, or their country of residence, as the
case may be. The cost of deportation may be charged against the available funds of the Office.

Any foreign national removed under this Section shall be barred re-admission except upon

46


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

or action.

TITLE VI

MISCELLANEOUS PROVISIONS

CHAPTER 1

REGISTRATION OF FOREIGN NATIONALS

Sec. 96. Requirement of Registration. — All foreign nationals shall register with the Bureau or
any Immigration Office nearest to their place of residence on or before the sixtieth (60th) day of

their latest arrival in the Philippines.

Sec. 97. Registration Form and Oath. — Applications for registration shall be under oath and in
such form as prescribed by the Bureau. Upon registration, a certificate of registration shall be
issued to the registrant. In case of loss or destruction of the certificate, a replacement certificate

may be issued by the Bureau upon proper application and payment of prescribed fees.

Sec. 98. Amendment of Registration. — A registered foreign national shall notify the Bureau in
writing of any change of information in the person's registration documents not later than seven

(7) days from such change.

Sec. 99, Presentation of Certificate of Registration. — Every foreign national required to register
under this Act or the parent or guardian of such foreign national shall, upon demand by any
personnel authorized by the Commissioner, present a certificate of registration of such

47


individual, and failure to do so without justifiable cause shall be dealt with in accordance with

the provisions of this Act.

Sec. 100. Reportorial Requirements. — Every foreign national registered under this Act shall,
within the first sixty (60) days of every calendar year, report in person to the Bureau. The
‘Commissioner may exempt personal appearance of foreign nationals registered under this Act
subject to certain requirements and conditions as may be prescribed in the rules and regulations

issued for the purpose.

Sec. 101. Failure to Comply with Requirements. — A foreign national, or the parent or guardian
of the foreign national, who, without justifiable reason, fails to comply with all the requirements
under this Act, or who files an application for registration containing statements known by the
individual to be false, or who utilizes registration documents other than that of the individual,

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

Sec. 102. Cancellation of Registration of Foreign National. — In case of death of a foreign
national registered under the provisions of this Act, the legal heir, representative or administrator
of the foreign national must inform the Office within sixty (60) days from such death, and the
Bureau shall cancel the registration of the deceased foreign national. The Local Civil Registrar or
other civil registry officer of the locality where said foreign national died shall furnish the
Bureau with a copy of the Certificate of Death within thirty (30) days from issuance thereof.
Failure on the part of the persons concerned to comply with the requirements specified in this

Section shall be dealt with pursuant to the provisions of existing laws.

CHAPTER 2

BONDS AND DEPOSITS

Sec. 103. Bonds, When Required. — The Bureau shall have the authority to require cash bonds

in such amounts and under such conditions as it may prescribe in order to:

48


a. Control and regulate the admission into, and departure from, the Philippines of foreign
nationals applying for temporary admission;

b. Insure against foreign passengers liable to be excluded as likely to become public

charges; and

c. Ensure the appearance of foreign nationals released from custody during the course of

deportation proceedings instituted against them.

Sec. 104. Requirement of Cash Deposits for Services Rendered. - The Bureau shall likewise have
the authority to require cash deposits in such amounts as may be necessary from a vessel's
owner, operator, captain, master, pilot, agent, or consignee or other persons served for services

rendered as established by the implementing rules and regulations.

Sec. 105. Cancellation and Forfeiture of Bonds. - When the conditions of the bond are fulfilled,
or in case the Commissioner determines that the likelihood that a foreign national shall become a
public charge no longer exists, or in case of death of the foreign national in whose behalf the
bond is posted, the bond shall be cancelled and released to the depositor or the legal
representative of the foreign national, In case of violation of the conditions of the bond, the same
shall be forfeited and deposited in a trust fund account which may be utilized for the purchase of
passage tickets for the removal of indigent foreign nationals and to cover the costs of operations

in locating deportees who jump bail.

CHAPTER 3
RECOGNIZANCE

Sec. 106. Petitions for Recognizance, Sanction for Breach of Conditions. — The Commissioner
may order the release of a foreign national upon recognizance of the foreigner's lawyer or a
person who is of good standing in the community, under such terms and conditions as the Board

may prescribe. Failure to comply with the terms and conditions of the recognizance shall subject

49


said lawyer or person to a fine of not less than Fifty Thousand Pesos (PHP 50,000.00) but not
more than One Hundred Thousand Pesos (PHP 100,000.00), without prejudice to other

administrative sanctions or proceedings against the erring party.

CHAPTER 4

COOPERATION AND COORDINATION WITH OTHER OFFICES

Sec. 107. Working Cooperation with the Department of Foreign Affairs. - For purposes of
efficient implementation and administration of this Act, the Bureau shall maintain a working

cooperation with the DFA.

Sec. 108. Working Cooperation with the Commission on Higher Education (CHED). - The

Bureau shall maintain a working cooperation with the CHED with respect to the accreditation of

schools and learning centers for enrollment of foreign students as authorized under this Act.

Sec. 109. Working Cooperation with the Civil Aviation Authority of the Philippines (CAAP). -

The Bureau shall maintain a working cooperation with the CAAP with respect to accreditation of

flying schools for the enrollment of foreign students.

Sec. 110. Coordination with Law Enforcement, Security and Other Offices. — The
Commissioner shall have the authority to maintain coordination with the National Security
Council, the Philippine National Police (PNP), and other law enforcement agencies of the

government.

CHAPTER 5
FEES AND CHARGES

Sec. 111, Authority of the Board to Prescribe, Impose and Collect Fees and Charges. —The
Board is authorized to prescribe, impose and collect fees and charges for services rendered

pursuant to the provisions of this Act.

50


CHAPTER 6
ADMINISTRATIVE FINES

Sec. 112. Fine for Failing to Submit Crew List or Passenger Manifest, or Failure to Account
Every Passenger and Crew. — Any owner, operator, master, captain, pilot, agent, or consignee
of a vessel arriving at any port in the Philippines from a place outside thereof who fails to submit
to the immigration authorities a complete and accurate crew list or passenger manifest, or fails to
produce or account every crewmember or passenger whose name appears In said list or manifest
shall be subject to fines of One Hundred Thousand Pesos (PHP 100,000.00) and Fifty Thousand
Pesos (PHP 50,000.00) for each unaccounted person, respectively.

Sec. 113. Fine for Violation of Obligation on the Landing or Removal of Foreign Nationals. —
Any owner, operator, master, captain, pilot, agent, or consignee of any vessel arriving at a port of
the Philippines from a place outside thereof having a foreign national on board in violation of
this Act shall be fined not less than Fifty Thousand Pesos (PHP 50,000.00) but not more than
‘Two Hundred Thousand Pesos (PHP 200,000.00) for each act or violation consisting of:

a. Failure to prevent the landing of such foreign national in the Philippines at any time or

place other than as designated by the Immigration Officer;

b. Refusal or failure to detain a foreign national on board any such vessel at the port of
arrival when required by this Act or so ordered by an Immigration Officer;

c. Refusal or failure to deliver a foreign national for medical or other examinations when

so ordered by an Immigration Personnel;

d. Refusal or failure to pay the cost of maintenance and other costs, as required by this
Act, of such foreign national when temporarily removed from the vessels for examination

by order of the Immigration Officer;

¢. Refusal to receive such foreign national on board for removal from the Philippines if
the foreign national is excluded, or to pay the cost of removal as required under Sec. 77
and 92 of this Act;

51


f. Refusal or failure to take on board, guard safely and transport the deportee to the
foreign national's country of destination, or to shoulder the cost of deportation of the

foreign crew member;

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

costs.

Sec. 114, Fine for Bringing Undocumented Foreign National, or Foreign National Afflicted with
Communicable or Contagious Disease, or Suffering from Mental Disorder. — The owner,
operator, master, captain, pilot, agent, or consignee of the vessel arriving at a port in the
Philippines from a place outside thereof bringing on board an undocumented foreign national
shall be fined One Hundred Thousand Pesos (PHP 100,000.00) for each foreign national. If the
foreign national is afflicted with a communicable or contagious disease or is suffering from
‘mental disorder, the fine shall be not less than Two Hundred Thousand Pesos (PHP 200,000.00)
but not more than Three Hundred Thousand Pesos (P300,000.00) for each foreign national

Sec. 115. Fine for Bringing a Foreign National to Assist His Illegal Entry or Misrepresenting a
Foreign National as a Member of the Crew.—The owner, operator, master, captain, pilot, agent,
or consignee of the vessel arriving at any port in the Philippines from a place outside thereof
bringing on board a foreign national bound for the Philippines to assist the illegal entry of the
foreign national, or misrepresenting the foreign national to the Immigration Officer at the port of
arrival as a bona fide member of the crew, shall be fined not less than One Hundred Thousand
Pesos (PHP 100,000.00) but not more than Two Hundred Thousand Pesos (PHP 200,000.00) for

each foreign national.

Sec. 116, Fine for an Overstaying Crewmember. — Any foreign crewmember who willfully
remains in the Philippines beyond the period allowed for temporary landing shall be fined not
less than Fifty Thousand Pesos (PHP 50,000.00) but not more than One Hundred Thousand
Pesos (PHP 100,000.00). The owner, operator, master, captain, pilot, agent, or consignee of the

vessel shall be solidarily liable for the fine imposed on such overstaying crewmember.

52


Sec. 117. Fine for Assaulting an Immigration Personnel. — Any form of assault directed to any
personnel of the Bureau is an act of disrespect. In case the assault is committed by a foreign
national at the ports of entry and exit, such foreign national shall be excluded or deported, as the
case may be, and shall be fined Two Hundred Thousand Pesos (PHP 200,000.00) without
prejudice to the right of the aggrieved Immigration Personnel to file appropriate criminal, civil or
administrative cases against such person. For purposes of this Act, an Immigration Officer shall

be considered a person in authority while in the performance of official duty.

Sec. 118. Fine for Violation of Other Provisions of this Act. — The owner, operator, master,
captain, pilot, agent, or consignee of any vessel arriving at any port of the Philippines from a
place outside thereof who violates any other provision of this Act not specifically provided in
this Chapter shall be fined not less than Fifty Thousand Pesos (PHP 50,000.00) but not more than
‘Two Hundred Thousand Pesos (PHP 200,000.00) for each violation

CHAPTER 7
PENAL PROVISIONS

Sec. 119, Prohibited Acts and Penalties. - Any person who shall commit any of the acts specified
hereunder shall, upon conviction, suffer the penalty of imprisonment for not less than five (5)
years but not more than ten (10) years, or a fine of not less than One Hundred Thousand Pesos
(PHP 100,000.00) but not more than Five Hundred Thousand Pesos (PHP 500,000.00), or both

imprisonment and fine, at the discretion of the court:

a. Impersonating another individual, or falsely appearing in the name of a deceased
individual, or evading immigration laws by using an assumed or fictitious name when

applying for an immigration document;

b. Issuing or otherwise delivering an immigration document or an immigration

accountable form to any person not authorized by law to receive such documents;

53


c, Obtaining, manufacturing, printing, accepting or using any immigration or travel
document knowing it to be false, or using an immigration accountable form that is not

legally issued;

d. Entering the Philippines without inspection and admission by the immigration
authorities, or obtaining entry into the Philippines through fraud, misrepresentation, or

concealment of material facts;
¢. Misrepresenting oneself to be a citizen of the Philippines;

f. Knowingly making any false statement under oath regarding any immigration matter;

or

g. Bringing into, or landing in the Philippines, or concealing, harboring, employing, or
giving comfort to, any person not duly admitted by an Immigration Personnel or not
lawfully entitled to enter into or reside within the Philippines, or attempting, conspiring

with, or aiding another to commit any such acts.

Where the offender of any acts specified in paragraph (g) of this Section is a corporation,
partnership or other juridical entity, the president, general manager, managing partner, or
chief executive officer thereof shall be held liable. Dismissal of the employee by the

employer before or after apprehension shall not relieve such employer from any liability

arising from the offense:

Provided, that if the offender is the owner, operator, master, captain, pilot, agent, or
consignee, or other person in charge of the vessel that brought the foreign national Into
the Philippines from any place outside thereof, the fine imposed under this Section shall
constitute a lien against the vessel which may be enforced in the same manner as fines are
collected and enforced under existing laws. Such vessel shall not be allowed to depart

without prior clearance issued by the Bureau.

Where forfeiture is justified under the particular circumstances of the case, the forfeiture
of the vessel in favor of the government in lieu of the fine shall be decreed. Conviction by
final judgment of any offense punishable under this Act or other related laws shall result

in the automatic revocation or cancellation of any immigration document issued to the

54


offender, including that of the foreign national's spouse and unmarried children, if

applicable.

Sec. 120, Penalty for Aiding the Escape of Detained Foreign National. — Any person who shall
be found to have helped, assisted, supported, caused or ministered the escape, including
harboring and concealing, of a foreign national shall, upon conviction, be imprisoned for not less
than five (5) years but not more than ten (10) years and a fine of not less than Two Hundred
Thousand Pesos (PHP 200,000.00): Provided, that if the person liable is a foreign national, such
person shall be deported after service of sentence: Provided, further, that any tools, equipment,
implements or vehicles used in the escape of a detained foreign national shall be destroyed or

forfeited in favor of the government.

Sec. 121. Penalty for Non-compliance of Subpoena. — Any person who, having been duly
served with a subpoena, fails to comply without valid and justifiable reasons shall suffer the
penalty of imprisonment of not more than fifteen (15) days or a fine of not more than One

Thousand Pesos (PHP 1,000.00), or both, at the discretion of the court.

Sec. 122. Imposition of Maximum Penalty, When Applicable. - A person convicted under
Republic Act No. 3019, as amended, otherwise known as the "Anti- Graft and Corrupt Practices
Act," or other laws against corruption and bribery in relation to any violation or circumvention of
any provision of this Act shall suffer the maximum penalty under the said Republic Act or other

laws against corruption and bribery, as the case may be.

CHAPTER 8

UPGRADING OF COMPENSATION AND BENEFITS

Sec. 123. Creation of New Positions, Reclassification of Existing Positions and Upgrading of
Salary Levels. - The following positions in the Bureau are hereby created, and the existing

positions reclassified, with the corresponding salary grade levels:

55


EXISITING POSITION RECLASSIFIED POSITION SALARY
GRADE
Commissioner ‘Commissioner IIT 30
Deputy Commissioner Deputy Commissioner IT 29
Attomey V Chief Special Inquiry Officer 28
(Board of Special Inquiry) | (Overall Chairperson, BSI)
Chief Administrative Chief Administrative Officer 28
Officer (Director for Administration)
(Administrative Division)
Chief Administrative Chief Finance and Logistics Officer 28
Officer (Finance and (Director for Finance and Logistics)
Management Division)
Information Technology | Chief Information and 28
Officer IIT Communications Technology Officer
(Director for ICT)
Immigration Officer Chief Allen Registration Officer 28
(Alien Registration (Director for Alien Registration)
Division)
Chief Immigration Officer | Chief Immigration Officer for 28
(Immigration Regulation | Immigration Regulation
Division) (Director for Immigration
Regulation)
Chief Intelligence Officer | Chief Immigration Officer for 28
(Intelligence Division) Intelligence (Director for Intelligence)
Chief Immigration Officer for 28

Chief Immigration Officer

(Port Operations Division)

Operations (Director for
Operations)

56


Attorney V Chief Immigration Officer for Legal 28
Affairs (Director for Legal A fairs)
Chief Immigration Officer for Law 28
Enforcement (Director for Law
Enforcement)
Chief Planning and Research Specialist | 28
(Director for Planning and Research)
Chief Human Resource and oe
Management Officer (Director for
Human Resource Management and
Development)
Regional Director 27
Attorney IV (BSD) Special Inquiry Officer IV 2
(Chairperson, BSI)
‘Attorney IV Immigration Prosecutor IV 27
(Legal Division)
Attorney III (BSI) Special Inquiry Officer IIT 26
(Member, BSI)
‘Attorney IIT Immigration Prosecutor IIT 26
(Legal Division)
Supervising Immigration | Supervising Immigration Officer 26
Officer
Supervising Administrative | Supervising Administrative Officer 26
Officer

57


Medical Officer IIT

Immigration Physician

26

‘Supervising Human Resource

Management Officer 26
District Supervisor 26
Attorney Il (Legal
Division) Immigration Prosecutor II 25
Intelligence Officer [V Senior Immigration Officer 25
Accountant ITI Immigration Accountant V 25
Dentist II Immigration Dental Officer 25
Supervising Immigration Research
Specialist 25,
Attorney I (Legal Division) | Immigration Prosecutor I Py
Senior Immigration Officer_| Immigration Officer IV 4
Administrative Officer TV. Immigration Administrative Officer TV 24
Information Technology Information and Communications
Officer Technology Officer 1 24
Nurse IL Immigration Healthcare Officer 23
Immigration Research Officer II 23
HR Management Officer [II 23
Accountant IT Immigration Accountant n_ 2
Information System
Analyst Immigration Information System Analyst 2
Immigration Officer IIT Immigration Officer [11 21
Immigration Research Officer II 21
HR Management Officer III 21
Accountant I Immigration Accountant 1 19
Computer Programmer II_| Immigration Computer Programmer I 19
‘Computer Maintenance
Technologist II Immigration Information Technologist II 19
Immigration Officer II
Intelligence Officer II
Special Investigator IT Immigration Officer II 19
Immigration Officer I Immigration Officer I 17

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Intelligence Officer I

Special Investigator I

| Fingerprint Examiner IV Alien Fingerprint Examiner IV 1
Immigration Research Officer I 17
HR Management Officer I 17
Immigration Assistant Immigration Inspector 15
Intelligence Agent II Immigration Agent II 15
Administrative Officer IL Immigration Administrative Officer II 15
Immigration Research Assistant Is
HR Management Assistant 15
Fingerprint Examiner IIL Alien Fingerprint Examiner II 15
Administrative Aide VI Immigration Aide VI 4
Administrative Assistant Immigration Administrative Assistant
uti im 13
Administrative Aide V_ Immigration Aide V 13
| Fingerprint Examiner II Alien Fingerprint Examiner II 13
Security Guard IL Civil Security Officer II 13
Intelligence Agent I Immigration Agent I 13
Translator IT Immigration Translator IL 12
Administrative Assistant IT Immigration Administrative Assistant IT 12
Administrative Aide TV. Immigration Aide TV 12
Administrative Aide IIT Immigration Aide ill u
Nursing Attendant Immigration Healthcare Assistant ul
Fingerprint Examiner I Alien Fingerprint Examiner 1 i
Security Guard I
Seaman
Launch Patron
Marine Engineman
Quartermaster Civil Security Officer 1 iH
Legal Aide Immigration Legal Assistant 10

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Administrative Assistant I Immigration Administrative Assistant 1 10

Administrative Aide II Immigration Aide II 8

Upon the recommendation of the Board, the Secretary of the DOJ shall reorganize, upgrade, or
otherwise make adjustments in the offices of the Bureau as required by the implementation of
this Act: Provided, that to the extent possible, the incumbent chiefs of sections and divisions
whose offices are hereby affected may be upgraded to positions of comparable rank in the
reorganization: Provided, further, that for the new directorates and positions created under this
‘Act, the Board shall designate the directors and officers thereof.

Sec. 124. Additional Grant of Benefits. —The Bureau shall provide its employees with the
following benefits:

a. Health care services through an accredited Health Maintenance Organization for its

regular employees;
b. Accident insurance policies for all employees;

c. Night shift differential and overtime pay for actual work rendered, in accordance with

existing guidelines;

d. Longevity pay, subject to guidelines that shall be issued by the Board in accordance
with existing laws and regulations and subject to the approval of the Secretary of the
DBM;

¢. Transportation benefits;
f. Dislocation allowance; and

g. Hazard pay amounting to twenty-five percent (25%) of basic salary to qualified

employees as may be determined by the Board.

Sec. 125. Retention and Use of Immigration Fees, Fines and Other Income; Immigration Trust
Fund. — The Board is hereby authorized to retain and use every year thirty percent (30%) of its
collections from immigration fees, fines and penalties, and other income that may be collected by

the Bureau for the effective implementation of this Act.

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‘There is hereby created an Immigration Trust Fund (ITF) sourced from the collections mentioned
in this Section. The ITF shall be administered by the Board in accordance with existing

government auditing rules and regulations, and shall be used exclusively as follows:

a, Forty percent (40%) for the modernization of equipment, facilities and offices used by
employees of the Bureau, including capital outlay for the establishment of new buildings
and field offices for the effective implementation of this Act;

b. Thirty percent (30%) for the payment of employee benefits provided in this Act, and as
may be hereafter provided by the Board with the approval of the Secretary of the DOJ;

and

c. Thirty percent (30%) for the further professionalization of the employees of the

Bureau including trainings, seminars and other career advancement programs.

lll interest income, dividends and earnings accrued from the ITF shall also form part of the
Trust Fund. No portion of the ITF shall revert to the general fund of the National Government,
except when the ITF is no longer necessary for the purposes for which it was established.

CHAPTER 9
TRANSITORY PROVISIONS

Sec. 126. Interim Period. — The incumbent Commissioner and the two Deputy Commissioners,
if qualified under this Act, shall continue to discharge the functions of their position unless
otherwise removed by the President. All personnel of the present Bureau of Immigration shall
continue to discharge the functions of their position pending the reorganization as provided in

this Act.

Sec. 127. Reorganization of the Bureau. — Upon approval of this Act, all employees of the
Bureau of Immigration covered by the civil service law and regulations shall continue to hold
their present positions pending the reorganization of the Bureau in accordance with the new

staffing pattem: Provided, that the salaries, wages, allowances and other benefits of incumbent

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officers and employees of the Bureau shall not be subject to diminution: Provided, further. that
employees who have been dismissed for cause shall no longer qualify for any position in the

Bureau.

Sec. 128. Inventory and Transfer of Properties, Accounts, Assets, Liabilities and Obligations to
the Commission. — All buildings, properties, equipment, facilities, accounts, other assets,
liabilities and other obligations as well as records of the Bureau of Immigration shall be properly

inventoried and transferred to the Bureau.

Sec. 129, Treaty or Agreement - Any treaty or agreement entered into between the Philippines
and any foreign state before the effectivity of this Act shall remain in force and effect.

Sec. 130. Pending Cases. - Any prosecution, suit, action, proceeding, or any act or matter, civil
or criminal, pending at the time of the effectivity of this Act shall not be affected by any of the

provisions of this Act unless otherwise explicitly stated herein.

CHAPTER 10
ADMINISTRATION AND IMPLEMENTATION

Sec. 131. Administration and Implementation Abroad. - The administration and implementation
of this Act abroad, including the rules and regulations, and specific visa policies or guidelines,
shall be the responsibility of the DFA, with due notice to the Bureau and other concerned

agencies and offices.

Sec. 132. Implementing Rubies and Regulations. —Within sixty (60) days from the effectivity of
this Act, the Bureau shall, in coordination with the Secretaries of the DBM, the DOJ, and the

DFA, promulgate the rules and regulations for its effective implementation.

Sec. 133. Appropriations. - The amount necessary to cover the initial implementation of this

Act shall be charged against the following:

a. Current year's appropriation of the Bureau of Immigration; and

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b, Immigration fees, fines and other income authorized under Sec. 129 this Act.
Thereafter, such sums as may be needed for its continued implementation shall be
included in the annual General Appropriations Act and from the immigration Trust Fund.

CHAPTER IL
FINAL PROVISIONS

Sec. 134. Separability Clause. - Should any provisions of this Act be declared invalid, the

remaining provisions shall continue to be in force and effect.

Sec. 135. Repealing Clause. - Commonwealth Act No. 613, otherwise known as the "Philippine
Immigration Act of 1940," as amended, and Republic Act No. 750 are hereby repealed. All
other laws, presidential decrees, executive orders, proclamations, memorandum orders,
instructions, rules and regulations or parts thereof inconsistent with this Act are hereby amended

or modified accordingly.

Sec. 136, Effectivity. - This Act shall take effect fifteen (15) days after its publications in the

Official Gazette or in any newspaper of general circulation

Approved,

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