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SIXTEENTH CONGRESS OF THE 
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REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
S.No. 
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Introduced by Senator FRANKLIN M. DRILON 
EXPLANATORY NOTE 
The present organization, system and operations of the Bureau of Immigration are governed by 
Commonwealth Act No. 613, othelwise known as the Philippine Immigration Act of 1940. 
Despite the amendments incorporated thereto throughout the years, the law requires further 
amendments in order to empower the Bureau of Immigration to capably respond to the 
contemporary times. The Bureau needs to transform into an entity that is not only responsive, but 
pro-active, to meeting the predicaments and situations caused by the growing complexity of life. 
In essence, this measure seeks to reorganize the Bureau of Immigration. It defines the functions 
of each department sought to be created under the proposed bill, in order to streamline processes, 
avoid red tape and overlapping of functions. Further, the bill seeks to introduce changes to the 
now antiquated systems and procedures on immigration presently in effect. In introducing these 
amendments, it is hoped that a more responsive immigration law shall augur well for the 
protection of the security, safety and well-being of our people. 
In view of the foregoing considerations, the immediate approval of the bill is earnestly sought. 
F 


/' 
, l , 
~ 
.0 
SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
1'71 
Introduced by Senator FRANKLIN M. DRILON 
PHILIPPINE IMMIGRATION ACT OF 2013 
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Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
1 
TITLE I 
2 
GENERAL PROVISIONS 
3 
SECTION 1. Title of the Act. -
This Act shall be known as the "Philippine 
I 
4 
Immigration Act of 2013". 
I 
5 
SEC. 2. Declaration of Policy. - In relation to other states, the Philippines shall 
6 
give paramount consideration to national sovereignty, territorial integrity, national 
7 
security, national interest, and the right to self-determination, as it adheres to the 
8 
policy of peace, cooperation and amity with all nations. Toward this end, Philippine 
9 
immigration policies, rules and regulations under this Act shall be applied and 
10 
administered in the promotion of domestic and international interests of the 
11 
Philippines, in recognition of: 
1 


, ' 
1 
(a) The admission of foreign nationals for the purpose of enhancing capital 
2 
investments, trade and commerce, cultnral exchanges and other forms of friendly 
3 
relations and cooperation; 
4 
(b) The need for increased technological and scientific development; 
5 
(c) Promotion of conditions for social welfare and economic security of the 
6 
people; 
7 
(d) Compliance with obligations and standards set by international law in the 
8 
admission or exclusion of foreign nationals; 
9 
(e) Promoting international order and justice by denying the use of Philippine 
I 
10 
territory ito pel'sons who are engaged or likely to engage in terrorism, human 
11 
smuggling and trafficking, criminal and other nefarious activities; 
12 
(f) Modernization of structnres and mechanisms necessary for the 
13 
administration of immigration laws in keeping with the changing demands of the 
14 
country's role in the global community; and 
15 
(g) Professionalization of the immigration service by institnting a rigid system 
16 
of screening and selection of immigration officials and employees and promoting 
17 
their development. 
18 
SEC. 3, Definition of Terms, -
As used in this Act, the following terms are 
19 
defined as follows: 
20 
(a) 
"Admission" refers to the process by which a foreigner arriving at a port 
21 
of entry in the Philippines is allowed into the country by the immigration 
22 
authorities; 
23 
(b) 
"Board" refers to the Board of Commissioners; 
2 


, ' 
1 
(c) 
"Border Control Officer" refers to any person tasked to man the border 
2 
control station as provided under Section 26 of this Act; 
3 
4 
5 
6 
7 
8 
(d) 
"Captain" refers to the master of a vessel or pilot of an aircraft; 
(e) 
"Child" refers to a person below eighteen (18) years of age; 
(f) I "Citizen" refers to any person who is a citizen of the Philippines under 
Section 1,IArticle IV of the Constitution of the Republic of the Ph;liPpineS; 
(g) 
"Commission" refers to the Commission on Immigration; 
(h) 
"Commissioner" 
and 
"Deputy 
Commissioner" 
refer 
to 
the 
9 
Commissioner of Immigration and the Deputy Commissioner of Immigration, 
10 
respectively; 
11 
(i) 
"Commitment Order" refers to an order issued by the Commissioner 
12 
under Section 7 (c) (2) of this Act that directs the detention of a foreigner after it has 
13 
been determined that a probable cause exists that he/ she committed acts and/or 
14 
omissions in violation of Philippine immigration laws, rules and regulations, or 
15 
during the pendency of deportation case against such foreigner: Provided, That such 
16 
detention shall not exceed three (3) months, unless there exists other legal grounds 
17 
for continued detention; 
18 
G) 
"Consular officer" refers to any consular, diplomatic, or other officer of 
19 
the Government of the Philippines who has been duly granted a consular 
20 
commission for the purpose of issuing visas under this Act; 
21 
(k) 
"Entry" refers to the arrival of a foreigner into any designated port of 
22 
entry in the Philippines from a place outside thereof. A foreigner having a lawful 
, 
23 
permaneht residence in the Philippines shall not be regarded as making an entry for 
3 


) 
, , 
1 
the purpqse of this Act if such foreigner proves that his/her departure to a place 
2 
outside the Philippines was for a temporary or limited period, or his/her continued 
3 
absence from the Philippines was occasioned by deportation proceedings, 
4 
extradition, or other legal process; 
5 
(1) 
"Exclusion" refers to the act of Immigration Officers denying admission 
6 
of a foreigner into the country on grounds provided for in this Act; 
7 
(m) "Foreigner" or "Foreign National" refers to any person not a citizen of 
8 
the Philippines; 
9 
(n) . "Foundling" refers to a deserted or abandoned infant or child whose 
10 
parents, guardian or relatives are m<known; ox a child committed to an orphanage or 
11 
charitable or similar institution with unknown facts of birth and parentage and 
12 
registered in the Civil Registrar as a "foundling"; 
13 
(0) 
"Hold Departure Order" refers to (1) a directive that commands the 
14 
Commissioner to prevent a foreigner from leaving the territorial jurisdiction of the 
15 
Philippines in cases of grant of bail and recognizance pending implementation of 
16 
Summary Deportation Order, or (2) an order implementing a directive from the 
17 
President, the Senate, the House of Representatives, the Department of Justice (DOD, 
18 
Regional Trial Courts, Sandiganbayan, and appellate courts to prevent a person from 
I 
19 
leaving t1te Philippines to any place outside thereof; 
20 
(p) 
"Husband" and/or "Wife" refer(s) to those regarded as such by the laws 
21 
of the country of which they are nationals but shall not include husband or wife by 
22 
reason of proxi or "picture marriage"; 
4 


, , 
1 
(q) 
"Immigrant" refers to any foreign national departing from any place 
2 
outside the Philippines destined for the Philippines, other than a non-immigrant; 
3 
(r) 
"Immigration laws" 
refers to this Act and any other law presently 
4 
existing or which may hereafter be enacted relating to movement of natural persons 
5 
to and from the Philippines, and their exclusion, interception, deportation and 
6 
repatriation; 
7 
(s) 
"Immigration Officer" refers to any person appointed under Section 28 
8 
of this Act or any employee of the Commission designated by the Commissioner to 
9 
perform the powers, duties and functions of an Immigration Officer as specified 
10 
under this Act; 
11 
12 
13 
14 
15 
16 
17 
(t) 
"Interception" refers to the act of Immigration Officers denying 
departure clearance to any person leaving the country on grounds provided for in 
this Act; 
(u)1 "Non-immigrant" refers to any foreigner departing from any place 
outside Je Philippines who is allowed entry and admission int~ the Philippines for 
a temporary or limited period of stay; 
(v) 
"Non-refoulement" refers to principle of international law which 
18 
prohibits the forced return of a refugee to the state or territory where his/her life or 
19 
liberty would be threatened; 
20 
(w) "Passport" refers to document issued by the Philippine government to its 
21 
citizens requesting other governments to allow its citizens to pass safely and freely, 
22 
and in case of need to give him all lawful aid and protection; 
5 


" 
1 
(x) 
"Person" refers to natural and juridical person such as partnerships, 
2 
corporations, companies, and associations; 
3 
(y) 
"Port of entry" refers to any port designated by competent authority in 
4 
accordance with law through which a foreigner may apply to the Immigration 
5 
Officer thereat for admission into the Philippines; 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
(z) 
"President" refers to the President of the Republic of the Philippines; 
(aa) "Refugee" refers to a person who, owing to a well-founded fear of being 
persecuted for reasons of race, religion, nationality, membership of a particular 
social group, or political opinion, is outside the country of his/her nationality, and is 
I 
unable or1 owing to such fear, is unwilling to avail of the protection of that country; 
or who, not having a nationality and being outside the country of his/her former 
habitual residence, is unable or, owing to such fear, is unwilling to return to it; 
(bb) "Seaman," "Seafarer" or "Crewmember" refers to a person actually 
employed in the operation or service in any capacity on board a vessel; 
(cc) "Secretary" refers to the Secretary of the Department of Justice; 
(dd) "Stateless Person" refers to a person who is not considered as a national 
by any State under the operation of its laws; 
(ee) "Travel document" refers to a certification or identifying document 
containing the description and other personal circumstances of its bearer, issued for 
direct travel to and from the Philippines valid for short periods or a particular trip. It 
is issued only to persons whose claim to Philippine citizenship is doubtful or who 
fall under the category enumerated in Section 13 of Republic Act No. 8239, otherwise 
known as "The Philippine Passport Act of 1996"; 
6 


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


, , 
I 
1 
(4) Deputy Commissioners as members, all of whom shall be natural-born citizens of 
! 
2 
the Philippines and, at the time of their appointment, at least thirty-five (35) years of 
3 
age, holders of a college degree and with proven capacity for administration: 
4 
Provided, That the majority or three (3) members including the Chairperson of the 
5 
Commission shall be members of the Philippine Bar in good standing for at least five 
6 
(5) years. 
7 
CHAPTER 2 
8 
THE COMMISSIONER 
9 
SEC. 6. Appointment and Rank of the Commissioner. -
The Commissioner 
10 
shall be appointed by the President and shall have the same rank, salary, and 
11 
privileges of an Undersecretary of a Department. 
12 
SEC. 7. Powers and Functions of the Commissioner. - In addition to the duties 
13 
as Chairperson of the Board, the Commissioner shall exercise the following powers 
14 
and functions: 
15 
(a) 
Supervise, direct and coordinate the overall operations of the 
16 
Commission; 
17 
18 
19 
20 
(b) 
Appoint, and exercise control and supervision over, the officers and 
persOlmel of the Commission, subject to existing civil service laws, rules and 
I 
regulations; 
I 
(c) 
Issue, (1) letter orders after determination of the existence of probable 
21 
cause; (2) commitment or release orders; (3) warrant of deportation; (4) watchlist 
22 
orders; (5) hold departure orders; (6) allow entry or departure orders; (7) blacklist 
8 


1 
orders; and (8) orders implementing watchlist orders issued by the Department of 
2 
Justice; 
3 
(d) 
Delegate authority to subordinate officers and employees of the 
4 
Commission, except with regard to powers and functions enumerated in the 
5 
immediately preceding paragraph, which may be delegated only to the Deputy 
6 
Commissioners; 
7 
8 
9 
(e) 
(f) 
(g) 
Act on applications for issuance and revocation of immigrant visas; 
Act on petitions for declaration of indigency; 
Declare such control posts, landing places, airports or ports as points of 
10 
entry or exit, whether limited or unlimited; 
11 
(h) 
Increase, reduce or waive immigration fees, fines, penalties and other 
12 
charges; 
13 
(i) 
Participate as member of the Special Committee on Naturalization 
14 
pursuant I to Section 6 of Republic Act No. 9139 otherwise known as "The 
15 
Administ~ative Naturalization Law of 2000"; 
16 
0) 
Act on applications for retention or reacquisition of citizenship under 
17 
Republic Act No. 9225 otherwise known as "Citizenship Retention and Re-
18 
acquisition Act of 2003"; 
19 
(k) 
Issue Certificate of Identification to foreigners who have obtained 
20 
Filipino citizenship; 
21 
(I) 
Issue letter orders and permits to carry firearms, ammunition and 
22 
communications equipment to authorized immigration operatives for use in 
9 


1 
enforcement operations and in the execution of warrants: Provided, That such 
2 
firearms and ammunition are owned and issued by the Commission; 
3 
(m) 
Inspect the documents, premises and records of persons covered by 
4 
this Act; 
5 
(n) 
Deputize any official or employee of the national government and local 
6 
government units, including uniformed personnel of the Armed Forces of the 
7 
Philippines, the Philippine National Police and the Philippine Coast Guard to 
8 
perform immigration duties and functions subject to the concurrence of the Board; 
9 
(0) 
Authorize and prescribe the forms and the amount of cash bonds for 
i 
10 
the proviiional release of respondents in deportation proceeding~; 
11 
(p) 
Impose reasonable fines and penalties for violation of immigration and 
12 
alien registration laws in accordance with this Act and the guidelines adopted by the 
13 
Commission; 
14 
(q) 
Provide an express lane for the rendition of services upon payment of 
15 
prescribed fees by airlines/shipping companies or other persons served and to 
16 
deposit in a government authorized depository bank all such fees received under a 
17 
trust fund that may be made available for the payment of allowances to employees 
18 
of the Commission, subject to existing accounting and aUditing rules and 
19 
regulations; 
20 
(r) 
Accept donation of materials, equipment or technical services from any 
21 
foreign government, international or domestic organization, to upgrade the 
22 
efficiency and operations of the Commission; 
10 


1 
(s) 
Submit to the President and Congress, aJmuaIly or as may be directed, 
2 
a report on the: (1) number and status of foreigners in the Philippines; (2) foreigners 
3 
admitted or granted change of status as permanent residents; (3) foreigners who 
4 
have been excluded or deported from the Philippines; (4) estimated number of 
5 
illegal for~igners in the Philippines in each calendar year and actions taken to arrest 
6 
them, by *ationality grouping, for each region in the Philippines; and (5) such other 
7 
transactions of the Commission; 
8 
(t) 
Prepare and submit supplemental budget of the Commission for the 
9 
consideration of the Department of Budget and Management; 
10 
(u) 
Prescribe such rules, regulations or other adrrUnistrative issuances to 
11 
carry out the provisions of this Act; 
12 
(v) 
Prescribe the appropriate forms, bonds, reports, entries and other 
13 
papers in accordance with this Act; 
(w) 
Perform such other functions inherent to the Commission; and 
14 
15 
(x) 
Act on applications for recognition of Philippine citizenship on 
16 
foundlings. 
17 
CHAPTER 3 
18 
THE DEPUTY COMMISSIONERS 
19 
SEC. 8. Appointment and Rank of Deputy Commissioners. -
There shall be 
20 
four (4) Deputy Commissioners who shall be appointed by the President. They shall 
21 
have the same rank, salary and privileges of an Assistant Secretary of a Department. 
22 
Provided, that a plantilla for one (1) Deputy Commissioner shall be created which 
23 
shall be ?ccupied by a career officer from the Commission. 
11 


1 
SEC. 9. Duties of Deputy Commissioners. -
In addition to their duties as 
I 
2 
members of the Board, the Deputy Commissioners shall exercise additional powers, 
3 
subject to the approval of and as may be assigned by the Board, in the following 
4 
areas of concern as: 
5 
(a) Deputy Commissioner for Administration, Finance, Planning, Legal and 
6 
Information and Communications Technology; 
7 
(b) Deputy Commissioner for Regional Operations, Registration, Immigration 
8 
Regulation and Visa and Special Permit; 
9 
(c) Deputy Commissioner for Intelligence, Enforcement, Fraud Prevention 
10 
and Complaint and Prosecution; and 
11 
(d) Deputy Commissioner for International Policies; Cooperation and Social 
12 
Integration. 
13 
CHAPTER 4 
14 
THE BOARD OF COMMISSIONERS 
15 
SEC. 10. Powers and Functions of the Board. -
The Board shall have the 
16 
following powers and functions: 
17 
(a) Decide on deportation cases; 
18 
(b) Act on appeals on decisions promulgated by immigration hearing officers; 
19 
I 
(c) Act on applications or recommendations for revocation of immigration 
i 
20 
status; 
21 
(d) Act on applications for recognition of Philippine citizenship by reason of 
22 
birth or marriage; 
23 
(e) Act on applications for recognition of Philippine citizenship of foundlings; 
12 


I 
(f) Decide on applications for legalization of residence in accordance with 
2 
law; 
3 
(g) Prescribe and promulgate rules of proceedings before it; 
4 
(h) Cite and punish for contempt any person in accordance with the Rules of 
5 
Court; 
6 
(i) Prepare and publish operations manual and rules of procedure, including 
7 
schedule of fees, for all transactions entered into by the Commission with the public; 
8 
G) Formulate policies, directives, programs and projects of the Commission; 
9 
and 
10 
(k) Perform sucl1 other powers and functions as provided by existing laws, 
II 
rules and regulations not inconsistent with any of the provisions of this Act. 
12 
SEC. 11. Decisions of the Board. - In all cases or proceedings before the 
13 
Board, the decision of the majority shall prevail. Decisions of the Board shall 
14 
become final and executory fifteen (15) days from receipt thereof. Only one (1) 
I 
IS 
motion f~r reconsideration shall be filed with the Board. 
16 
Decisions in deportation cases may be appealed to the Office of the President 
17 
within fifteen (15) days from receipt thereof, whose decision shall be final and 
18 
executory unless stayed by an order of the Court of Appeals. The appeal shall stay 
19 
the execution of the decision appealed from unless the Board, in the interest of 
20 
national security and/ or public safety, directs its execution pending appeal. 
21 
SEC. 12. 
Period for Decision by the Board. - The Board shall decide 
22 
deportation cases within thirty (30) days from the date they are submitted for 
23 
decision or resolution. 
13 


1 
SEC. 13. Meetings o/the Board. - In all cases, the Board shall convene and act as 
2 
a collegial body in all matters referred to in Section 10 of this Act. The Board shall 
3 
meet at least once a week or, if necessary, twice a week. Members of the Board shall 
4 
be notified accordingly and the presence of the Chairperson and two (2) members 
5 
shall constitute a quorum. 
6 
SEC. 14. Board Secretary. - The Board shall be assisted by a Board Secretary 
7 
who shall be appointed by the Commissioner. He/ she must be a member of the 
8 
Philippine Bar in good standing for at least three (3) years prior to his/her 
9 
appointment. He/ she shall keep a docket book for deportation cases, applications 
10 
for revocation of intmigration status, applications for recognition of Philippine 
11 
i 
' 
citizenship by reason of birth or marriage, applications for legalization of residence 
12 
and applications for refugee status. 
13 
CHAPTER 5 
14 
THE EXECUTIVE DIRECTOR 
15 
SEC. 15. Appointment and Tenure - There shall be an Executive Director of the 
16 
Commission who shall be appointed by the President, and whose term shall be co-
17 
terminous with the Commissioner. He/ she must be a natural-born citizen of the 
18 
Philippines, at least thirty (30) years of age and a member of the Philippine Bar in 
19 
good standing for at least five (5) years prior to his/her appointment. 
20 
SEC. 16. Powers and Duties. - The Executive Director shall: 
21 
(a) 
Advise and assist the Commissioner in the formulation and 
22 
implementation of the objectives, policies, plans and programs of the Commission; 
23 
(b) 
Oversee all the operational activities of the Commission; 
14 


1 
(c) 
Coordinate the programs and projects of the Commission and be 
2 
responsible for its economical, efficient and effective administration; 
3 
(d) 
Administer oaths in cmmection with all matters relating to the business 
4 
of the Commission; and 
5 
(e) 
Perform such other duties as may be assigned by the Commissioner. 
I 
6 
CHAPTER 6 
7 
THE BOARD OF SPECIAL INQUIRY 
8 
SEC. 17. Constitution of Boards of Special Inquiry. There shall be constituted 
9 
as many Boards of Special Inquiry as required in the exigency of service but not 
10 
more than twelve (12). Each Board shall be composed of a Chairperson and two (2) 
11 
members. The 
Board 
shall 
be 
designated 
according 
to 
their 
areas 
of 
12 
specialization to be determined by the Board. 
13 
SEC. 18. 
Appointment and Qualification of the Chairpersons and 
14 
Members of the Boards of Special Inquiry. - The Chairpersons and members of the 
15 
Boards of Special Inquiry shall be appointed by the Commissioner, all of whom shall 
16 
be natural-born citizens of the Philippines and, at the time of their appointment, at 
17 
least thirty (30) years of age, members of the Philippine Bar in good standing, and 
18 
engaged in the practice of law for at least three (3) years. They shall hold office 
19 
during good behavior, unless sooner removed for cause. 
20 
SEC. 19. Powers and Functions of the Boards of Special Inquiry. - The Boards 
21 
of Special Inquiry shall: 
22 
(a) Administer oaths; 
23 
(b) Cite and punish for contempt in accordance with the Rules of Court; 
I 
15 


1 
(c) Issue subpoena in cases being heard by the Board of Special Inquiry; 
2 
(d) R~commend to the Board the imposition, waiver or red~ction of fees, fines, 
3 
penalties and other charges subject to existing laws, rules and regulations; 
4 
(e) Exercise exclusive original authority to hear and recommend to the Board 
5 
for final resolution the following cases: 
6 
(1) 
Deportation; 
7 
(2) 
Applications for revocation of immigration status; 
8 
(3) 
Applications for recognition of Philippine citizenship by reason 
9 
of birth or marriage; 
10 
(4) 
Applications for legalization of resideltce in accordance with 
11 
law; 
12 
(5) 
Application for issuance of visa for stateless person; and 
13 
(f) 
Perform such other duties and functions as may be directed by the 
14 
Commissioner. 
15 
SEC. 20. Proceedings Before the Boards of Special Inquiry. - The proceedings 
16 
before the Boards of Special Inquiry shall be public and recorded. In all cases, the 
17 
Boards of Special Inquiry shall meet and act as a collegial body. Only members of 
18 
the Philippine Bar in good standing shall appear for and in behalf of any party 
19 
before th~ Boards of Special Inquiry. 
20 
SEC~ 21. Resolutions of the Boards of Special Inquiry. 
-
Cases before the 
21 
Boards of Special Inquiry shall be resolved within five (5) working days from the 
22 
date the same are submitted for resolution. Said resolution shall be submitted 
23 
immediately to the Board for action. 
16 


1 
CHAPTER 7 
2 
DIVISIONS OF THE COMMISSION 
3 
4 
SEC 22. Divisions and Other Operating Offices of the Commission. -
The 
5 
Commission shall have the following divisions and other operating offices, namely: 
6 
(1) Administration; (2) Finance; (3) Information and Communications Technology; 
7 
(4) Planning and Research; (5) International Policies and Cooperation; (6) Social 
8 
Integration; (7) Intelligence; (8) Law Enforcement; (9) Fraud Prevention; (10) Legal; 
9 
(11) Immigration Regulation; (12) Registration; (13) Visa and Special Permit; (14) 
10 
Complaint and Prosecution; (15) Internal Audit Office; (16) National Operations 
11 
Center; and (17) Immigration Academy of the Philippines. 
12 
SEC 23. Heads of the Divisions and Other Operating Offices. 
Each 
13 
Division and other operating offices shall be headed by a Director to be appointed by 
14 
the Secretary, upon recommendation of the Commissioner: Provided, however, That 
15 
Directors Ifor the Division for Legal and the Division for Complaint and Prosecution 
16 
shall be hembers of the Philippine Bar in good standing, a~d must have been 
17 
engaged in the practice of law for at least three (3) years. The Director for Finance 
18 
Division shall be a Certified Public Accountant in good standing for at least three (3) 
19 
years. 
20 
SEC 24. 
Duties and Functions of the Divisions, and Other Operating 
21 
Offices. - The different divisions and other operating offices of the Commission shall 
22 
operate in accordance with their respective duties and functions as defined by the 
23 
Commissioner, subject to the requirements of efficiency, economy, transparency, 
17 


1 
accountability and effectiveness, and pertinent budget and civil service laws, rules 
2 
and regulations. 
3 
CHAPTERS 
4 
REGIONAL OFFICES 
5 
SEC. 25. Field Offices of the Commission. -
The Commission shall operate 
6 
and maintain a Regional Immigration Office in each of the administrative regions 
7 
including the National Capital Region. 
8 
The Regional Immigration Offices of the Commission shall each be headed by 
9 
a_Regional Immigration Officer, all of whom shall be appointed by the Secretary 
10 
upon the recommendation of the Commissioner. 
11 
SEt. 26. Border Control Stations - There shall be establi~hed Border Control 
12 
Stations which shall be manned by Border Control Officers appointed by the 
13 
Commissioner. The Border Control Stations shall be placed in specific areas in the 
14 
Philippines which shall be determined by the Board. Their duties and 
15 
responsibilities shall be determined by the Commissioner. 
16 
SEC. 27. Changes in the Composition, Distribution of Assigument of Regiona I 
17 
Offices. - The Commissioner may make changes in the composition, distribution 
18 
and assignment of Regional Offices, as well as its personnel, based on the 
19 
demographics of the Philippines' foreigner population and as the exigency of the 
20 
service requires. 
21 
SEC. 28. Immigration Officers. - The position of Immigration Officer is 
22 
hereby created. No person shall be appointed to the position of Immigration Officer 
18 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
unless he is a holder of a bachelor's degree and a first grade civil service eligible. The 
Immigration Officers shall perform the following duties: 
(a) Examine, with the assistance and advice of medical authorities in 
appropriate cases, foreigners at the port of entry concerning their admissibility to 
enter and their qualifications to remain in the Philippines; 
I 
(b) IExclude foreign nationals not properly documented, and to admit foreign 
nationals complying with the applicable provisions of immigration and related laws; 
(c) Administer oaths in connection with the performance of their duties; 
(d) Search for foreign nationals on any vessel believed to be used to illegally 
bring foreign nationals into the Philippines, and to arrest without warrant any 
foreigner who in his presence or view is entering or is about to enter the Philippines 
in violation of immigration and related laws, rules and regulations; 
(e) Act as control officer 
with authority to prevent the departure of 
14 
passengers not complying with departure requirements; and 
15 
(f) Perform such other functions as may be assigned by the Commissioner 
16 
from time to time. 
17 
SEC. 29. DeSignation of Employees. - The Commissioner may designate, in 
18 
accordance with civil service laws, rules and regulations, any competent and 
19 
qualified employee of the Commission, to act as immigration officer or assign any 
20 
employee to other offices within the Commission and/ or assign him/her additional 
21 
or other duties as the best interest or exigency of the service may require. 
22 
SEC. 30. Assignment of Employees to do Overtime Work. -
The Commissioner 
23 
may assign immigration employees to do overtime work or services pursuant to 
I 
19 


1 
rules andfregulations to be prescribed and at the rates fixed by the Commissioner 
2 
when thel work or service to be rendered is to be paid by the airline, shipping 
3 
companies or other persons served. 
4 
SEC. 31. Deployment of Immigration Personnel Abroad. - Within ninety (90) 
5 
days from the effectivity of this Act, the Department of Foreign Affairs and the 
6 
Commission shall enter into a Memorandum of Agreement pertinent to the 
7 
assignment and deployment of immigration personnel to select consular posts 
8 
abroad who shall perform immigration duties, except diplomatic and consular 
9 
functions. 
10 
SEC. 32. Manning Levels - On the average, the manning levels of immigration 
11 
officers of the Commission nationwide shall be in accordance with the number of 
12 
arrivals in each port of entry as determined by the Board: Provided, That the number 
13 
of employees, as provided in the staffing pattern in accordance with Section 130 of 
14 
the Act, shall not be decreased. 
15 
TITLE III 
16 
IMMIGRATION 
17 
CHAPTER 1 - NON-IMMIGRANTS 
18 
SEC. 33. Categories of Non-immigrants and Types of Visa Issued.- Foreign 
19 
nationalsf departing from any place outside the Philippines who are otherwise 
20 
admissibie and who qualify under anyone of the following categories may be 
21 
admitted as non-immigrants: 
22 
(a) Temporary visitors (A Visas): Visitors coming to the Philippines for a 
23 
temporary period for reasons of business, pleasure or health: 
20 


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


1 
company is engaged in substantial trade between the Philippines and their home 
2 
countrY'shall be granted a D-1 visa. 
3 
Citizens of a country that has an investor treaty with the Philippines, and 
4 
their family members, and coming to work in the Philippines for a business they 
5 
own or one that is at least fifty percent (50%) owned by nationals of their home 
6 
country and which business is supported by a substantial investment from nationals 
7 
of their home country shall be granted a D-2 visa; 
8 
(e) Accredited Foreign Government Officials, Their Families and Attendants 
9 
(E Visas): Foreign government officials, their families and attendants coming to the 
10 
country fpr official purpose, pursuant to international conventions and bilateral 
11 
agreemen\ts, shall be granted E Visas divided into three (3) types; namely: 
12 
1. Persons entitled to E-1 Visa: The E-1 Visa shall be issued to persons 
13 
enjoying diplomatic immunities and privileges, particularly the 
14 
following classes of foreign nationals: 
15 
a. Heads of the State and Heads of Government and their personal 
16 
representatives; 
17 
b. Members of reigning royal families recognized by the Philippine 
18 
Government; 
19 
c. Governors-General, Governors, and High Commissioners of 
20 
dependent territories and their personal representatives; 
21 
d. Cabinet ministers and their deputies and officials with cabinet 
22 
rank of ministers; 
23 
e. Presiding officers of national legislative bodies; 
22 


I 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
2. 
f. Justices or judges of the highest national judicial bodies; 
g. Diplomats and career consular officials; 
h. Diplomatic couriers regularly and professionally employed as 
such; 
i. Military, naval, air and other attaches assigned to a diplomatic 
mission; 
j. All members of official special missions of a diplomatic 
character; 
k. Officials of international organizations bearing diplomatic 
passports when traveling on official business; 
L Representatives of international organizations who have 
diplomatic status and bearing diplomatic passports issued by 
their governments; 
m. Members of delegations proceeding to or from an international 
conference of an official or diplomatic nature; 
n. Accompanying spouses and unmarried minor children of 
foreigners within the abovementioned categories; and 
o. Such other officials going to the Philippines on diplomatic 
missions. 
Persons entitled to E-2 Visa: The E-2 visa shall be issued to any other 
person not included in the foregoing list, who is an officer of a foreign 
government recognized by the Philippines, is a national of the country 
23 


1 
whose government he represents, and is proceeding to the Philippines 
2 
in connection with official business for his/her government. 
3 
This category includes, inter alia, the members of the staff of a 
4 
diplomatic mission or consular post, the staff of international 
5 
organizations, and official students or participants in programs under 
6 
the auspices of the Philippine Government or recognized international 
7 
institutions. 
8 
The family members of the above-mentioned persons shall also 
9 
be issued E-2 Visa. 
10 
3. Persons entitled to E-3 Visa: The E-3 Visa shall be issued to the 
11 
members of the household, the attendants, servants and employees of 
12 
persons to whom E-l and E-2 visas have been granted; 
13 
(f) Students (F Visa): Foreign students having means sufficient for their 
14 
support and education in the Philippines who seek to enter the Philippines 
15 
temporarily for the sole purpose of taking up a course of study higher than high 
16 
school at a university/seminary, academy or college accredited for such foreign 
17 
students by the Commission on Higher Education in collaboration with the 
18 
Commission. Their collaboration shall include the monitoring of the status of 
19 
activities of such foreign students in the Philippines; 
I 
20 
(g)1 Prearranged Employment (G Visa): Foreign nationals coming to the 
21 
Philippines on prearranged employment, including their family members 
22 
accompanying or following to join them within the period of their employment. This 
24 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
category includes intra-company transferees, professionals, performing artists, 
athletes, and cultural exchange workers under a work exchange program; 
(h) Religious Workers (H Visa): Duly ordained or professional missionaries 
and religious ministers, including members of their family, coming to the 
Philippines to join a religious congregation or denomination duly registered with the 
Securities and Exchange Commission, upon invitation, sponsorship or guarantee of 
such religious congregation or denomination, solely for the purpose of propagating, 
teaching and disseminating their faith or religion; 
(i) Representatives of International Organizations and Government Agencies 
(l Visa) ; Officials, principal representatives and foreign workers of accredited 
international organizations as well as missions, including their family members, staff 
and servants. The term" accredited international organization" includes any public 
international organization in the activities of which the Philippines participates 
pursuant to any treaty or under the authority of any act of the Congress of the 
Philippinbs authorizing such participation or making an appropriation for such 
participaJion and such other international organizations, institutions, agencies, 
programs, foundations and entities which are recognized by the government of the 
Republic of the Philippines, including those existing and already recognized as such 
at the time of the effectivity of this Act. The term" staff" includes the employees of 
persons to whom the E-3 visa has been granted; 
0) 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 
25 


, , 
1 
are coming to the Philippines solely to engage in gathering information principally 
2 
for dissemination abroad, including their family members accompanying or 
3 
following to join them during the period of the assignment in the Philippines; 
4 
(k) Exchange Visitors (K Visa): Foreign nationals entering the Philippines to 
5 
teach, study, observe, conduct research or receive training in a specific Exchange 
6 
Visitor Program duly approved by the Philippine Gqvernment; 
7 
(1) Refugees (L-l Visa) and Stateless Persons (L-2 Visa): Refugees as defined 
8 
in Section 3 (z) hereof shall be issued L-l Visa. Stateless persons, whose admission 
9 
for humanitarian reasons and not inimical to public interest has been approved by 
10 
the Commissioner or the President in such cases and under such conditions as he 
I 
11 
may pre~cribe, shall be issued L-2 Visa; and 
12 
(m) 
Special Non-Immigrants (M Visas): Such other foreign nationals 
13 
including their family members who may be admitted as non-immigrants under 
14 
special laws or -foreign nationals not otherwise provided for by this Act who are 
15 
coming for temporary periods only, and whose admission is authorized by the 
16 
Commissioner or the President in the interest of the public or for humanitarian 
17 
considerations and under such conditions as he may prescribe. 
18 
SEC 33-A. Visa Policy. - The policies governing the issuance, extension, 
19 
renewal and conversion of visas referred to in Section 33 hereof shall be jointly 
20 
formulated by the Commission and the Department of Foreign Affairs and, when 
21 
appropriate, the Commission and the Department of Foreign Affairs shall consult 
22 
with the concerned government agencies or offices relative thereto. 
26 


I 
Any visa policy or guidelines to be implemented abroad shall be done by the 
2 
Department of Foreign Affairs, with due notice to the Commission and other 
3 
concerned agencies and/ or offices. 
4 
SEC. 33-B. Visa Issuance Overseas.- All non-immigrant visas issued outside of 
5 
the Philippines shall be done by Consular Officers of the Department of Foreign 
6 
Affairs duly assigned at Philippines posts abroad. Immigrant visas, whenever issued 
7 
abroad, sJall be done by the Consular Officers upon the approv~l of the Commission 
8 
through the Department of Foreign Affairs. 
9 
CHAPTER 2 
10 
IMMIGRANTS 
11 
SEC. 34. Quota Immigrants. - Subject to conditions set forth in this Act, there 
12 
may be admitted into the Philippines, immigrants, otherwise known as "quota 
13 
immigrants", not to exceed two hundred (2001 of anyone nationality based on 
'14 
immigration reciprocity for anyone calendar year and upon allotment by the 
15 
Commissioner of the corresponding quota number. In the allotment of quota 
16 
numbers, the following order of preference shall be observed: 
17 
(a) First Preference: Those whose service and qualifications show high 
18 
educational attainment, technical training, specialized experience, or exceptional 
19 
ability in the sciences, arts, professions, or business as would reasonably enhance 
20 
and contribute substantial benefits prospectively to the national economy, or cultural 
21 
or educational interests or welfare of the Philippines, including their family 
22 
members, accompanying or following to join them, who shall likewise be allotted 
23 
individual quota numbers; 
27 


1 
(b) Second Preference: Parents of a naturalized Philippine citizen; 
I 
2 
(c) IThird Preference: Spouses or minor children of foreign nationals who are 
3 
lawful permanent residents of the Philippines; and 
4 
(d) Fourth Preference: Parents of foreign nationals who are lawful permanent 
5 
residents of the Philippines. 
6 
SEC 35. Allotment of Quota. - The Commissioner shall, with respect to the 
7 
first preference, allot not more than fifty percent (50%) of the annual quota allotment 
8 
up to the end of June each year: Provided, however, That if the fifty percent (50%) is 
9 
not utilized by the first preference, the balance thereof shall be given to the second, 
10 
third, and fourth preferences in accordance with Section 34 of this Act. Any unused 
11 
quota allotment for a calendar year cannot be carried over and utilized for the 
12 
ensuing calendar year. 
13 
SEC. 36. Basis in Determination of Quota Allotment. - The nationality of an 
14 
immigrant whose admission is subject to the numerical limitation imposed by 
15 
Section 34 of this Act shall be that of the country of which the immigrant is a national 
16 
or a citizen. The nationality of an immigrant possessing dual nationality may be that 
17 
of either of the two countries regarding him/her as a national or citizen if he/ she 
18 
applies for a visa in a third country. If he/ she applies for a visa within one ofthe two 
19 
countries regarding him/her as a national or citizen, his/her nationillity shall be that 
I 
20 
of the c9untry in which he/she files his/her application for' a visa to enter the 
21 
Philippines. 
28 


" 
1 
SEC. 37. Non-Quota Immigrants. -
The following immigrants, known as 
2 
"non-quota immigrants", may be admitted without regard to numerical limitation and 
3 
immigration reciprocity: 
4 
(a) The spouse of a Philippine citizen: Provided, 
however, That the 
5 
abandonment and failure to give support by a foreign spouse to his/her Filipino 
6 
spouse and family, legal separation, or termination of the marital status by 
7 
annulment, declaration of nullity of marriage or divorce where the cause is 
8 
attributable to the foreign spouse, shall constitute grounds for cancellation of the 
9 
immigrant visa issued to the foreign spouse; 
10 
(b) A person of Filipino descent regardless of generation; 
11 
(c) A child born to a foreign mother during her temporary visit abroad, the 
12 
mother being a lawful permanent resident of the Philippines, if accompanied by or 
13 
coming to join the mother who applies for admission within five (5) years from the 
14 
birth of the child; 
15 
(d)lA child born subsequent to the issuance of an immigrant visa to the 
I 
16 
accompar\.ying parent, the visa not having expired or revoked; 
17 
(e) A foreign national who had been previously lawfully admitted into the 
18 
Philippines for permanent residence who is returning from a temporary visit abroad 
19 
to an unrelinquished residence in the Philippines; and 
20 
(f) A natural-born citizen who becomes a naturalized citizen of a foreign 
21 
country and is returning to the Philippines for permanent residence therein, 
22 
including his/her spouse and minor children accompanying or following to join 
29 


1 
him/her, except the one who has re-acquired or retained his/her Philippine 
2 
citizenship pursuant to Republic Act No. 9225. 
3 
SEC. 38. Status of Children Born to Foreign Nationals. -
(a) A child born in 
4 
the Philippines to parents who are foreign nationals and lawful residents of the 
5 
Philippines shall be deemed a native-born permanent resident. (b) A child born to 
6 
parents who are both non-immigrants shall be deemed a native-born non-
7 
immigrant or temporary resident and may remain in the Philippines only during 
8 
the period of authorized stay of the parents, unless he/she reaches the age of 
9 
eighteen (18) years while continuously residing in the Philippines, in which 
10 
case 
he/she 
may 
apply 
for naturalization under existing laws or for an 
I 
11 
approprirte visa. 
12 
CHAPTER 3 
13 
ADJUSTMENT OF STATUS 
14 
SEC. 39. Conditions for Adjustment of Status of Foreign Nationals. -
The 
15 
status of a foreign national admitted into the Philippines as non-immigrant may be 
16 
adjusted by the Board to that of a foreigner lawfully admitted as a permanent 
17 
resident if: (a) the foreigner makes an application for such adjustment; (b) the 
18 
foreigner is eligible to receive a quota or non-quota immigrant visa and is admissible 
19 
to the Philippines as a permanent resident: and (c) a quota immigrant visa, if such is 
20 
the case, is immediately available to him/her at the time of his/her application, 
21 
without the need of first departing from the Philippines. In all such cases, the 
22 
personal appearance of the foreigner shall be required during the consideration of 
23 
his/her application. 
30 


1 
SEC. 40. Effect of Approval of Application for Adjustment. -
Upon the 
2 
approval of an application for adjuShnent of status under the preceding section, the 
3 
Commissioner shall record the foreign national's lawful admission as a permanent 
4 
resident as of the date of the approval of the application and shall be included as 
5 
part of the quota for the calendar year in accordance with Section 34 of this Act. 
6 
SElf. 41. Adjustment of Status, When Not Allowed. -
Adjushnent of status 
7 
under Sec~ion 39 of this Act shall not be applicable to (a) a foreig~ crewmember, (b) a 
8 
foreign national who has violated or is in violation of immigration laws, rules and 
9 
regulations unless the same is through no fault of his/her own or for purely 
10 
technical reasons, (c) a foreign national admitted as a temporary visitor without visa, 
11 
and (d) transients. 
12 
CHAPTER 4 
13 
DOCUMENTATION AND ADMISSION OF NON-IMMIGRANTS 
14 
SEC. 42. Documentary Requirements of Non-immigrants. - Non-immigrants 
15 
must present for admission into the Philippines valid passports issued by the 
16 
governments of the countries to which they owe allegiance to or other travel 
17 
documents showing their nationality and identity as prescribed by regulations and a 
18 
valid visa granted by the Philippine Consular Officer, if reqUired under existing 
19 
laws, rules, regulations, or multi-lateral or bilateral agreements. 
20 
SEC. 43. Conditions and Period of Authorized Stay of Temporary Visitors. 
21 
The initial period of authorized stay of a foreign national admitted as a temporary 
22 
visitor under Section 33 of this Act shall not exceed two (2) months from the date of 
23 
arrivaL Extensions of authorized stay may be granted under terms and conditions as 
31 


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2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
may be prescribed by the Commissioner: Provided, That the total period of 
I 
authorized stay shall not exceed twenty-four (24) months: Provided further, That 
I 
during the foreign national's authorized stay: (a) he/she shall not take any 
employment, whether paid or unpaid; (b) he/she shall not establish or join in any 
business; or (c) ,he/she shall not enroll and become a student at a school, college, 
university, academy, or other educational institution, unless he/ she is granted, upon 
proper application, a conversion to another immigration status provided under this 
Act. 
SEC. 44. Conditions for Issuance of Pre-arranged Visas. - A foreigner who is 
coming to the Philippines for prearranged employment shall not be issued a non-
immigrant visa referred to in Section 33 (g) until the Consular Officer shall have 
received authorization for the issuance of the same. Such authorization shall be 
given only upon the filing of a petition with the Board establishing, among others, 
that no person can be found in the Philippines willing and competent to perform the 
work or service for which the foreigner is desired and that his/her admission would 
be beneficial to the public interest. The petition shall be under oath by the 
prospective employer or his/her representative in the form and manner prescribed 
by the Board. 
If the Board finds that the petition complies with the requirements of the 
I 
precedinr 
paragraph and of other regulations, it shall grant the petition and shall 
promptly transmit the authorization to the Department of Foreign Affairs and/ or 
the Consular Office concerned. 
32 


· , 
1 
SEC. 45. Submission of Crew List and Passenger Manifest to the Commission. 
2 
- Simultaneous to the vessel's departure from the port of origin, the master, captain, 
3 
agent, owner or consignee of any commercial vessel arriving to the Philippines shall 
4 
submit to the Commission, within a reasonable time prior to such arrival, the crew 
5 
lists, passenger manifests and such other information concerning the persons 
6 
arriving on such a vessel. In the same manner and condition, the master, captain, 
7 
agent, owner or consignee of any commercial vessel departing from any port in the 
8 
Philippines shall submit to the Commission, within a reasonable time prior to such 
9 
departure, the crew list, passenger manifest and such other information concerning 
10 
the persons departing on such vessel. The crew list of an incoming sea craft shall be 
11 
duly visaed by the appropriate Consular Officer. 
12 
SEC. 46. Inspection of Crewmembers. - It shall be the duty of the master, 
13 
captain, agent, owner or consignee of any vessel arriving in the Philippines to have 
14 
available on board, for inspection by the Immigration Officer, any foreign 
15 
crewmeJ:l1ber employed on such vessel and to detain such crewmember on board 
16 
after insp1ection and to remove such crewmember when required by the immigration 
17 
authorities. No crewmember on board such vessel shall be discharged while the 
18 
vessel is in port without the permission of the Commissioner. 
19 
SEC. 47. Permission for Temporary Landing of a Foreign Crewmember. -
A 
20 
foreign crewmember on a vessel arriving in the Philippines may be permitted to 
21 
land temporarily under such conditions as may be prescribed by the Commissioner. 
22 
All expenses incurred by the Commission while the crewmember is on land shall be 
23 
borne by the master, captain, agent, owner or consignee of the carrying vesseL 
33 


· . 
1 
CHAPTERS 
2 
REFUGEE STATUS 
3 
SEC. 48. Grant of Refugee Status. - Persons seeking refugee status may apply 
4 
for recognition as a refugee upon seeking admission at any port of entry or within a 
5 
reasonable time thereafter. Refugee status shall be granted after a determination by 
6 
the Board that an applicant meets the qualifications of a refugee as defined in Section 
7 
3(z) hereof. Refugee status shall not be granted to an applicant if he/ she: 
8 
(a) has committed a crime against peace, a war crime, crime against 
9 
humanity or any other crime under international law; 
10 
(b) has committed a serious non-political crime outside the Philippines prior 
I 
11 
to his admission as a refugee; or 
I 
12 
(c) has been guilty of an act contrary to the purposes and principles of the 
13 
United Nations. 
14 
SEC. 49o-Cessation of Refugee Status. - Refugee status granted under the 
15 
previous section shall cease if a refugee: 
16 
(a) Voluntarily 
repatriates 
himself/herself 
or 
has 
re-established 
17 
himself/herself in another State; 
18 
(b) Acquired a new nationality and enjoys the protection of such a State; or 
19 
(c) Can no longer continue to refuse to avail the protection of the country of 
20 
his/her nationality or, not having a nationality, is able to return to the country of 
21 
former habitual residence in view of the cessation of the reasons that resulted to 
22 
his/her being a refugee: Provided, That this ground shall not apply if a refugee is 
23 
able to invoke compelling reasons arising out of the previous persecution. 
34 


" 
1 
SEC. 50. Effect of Grant of Refugee Status to Refugee Dependents. - A spouse, 
2 
minor child, and other dependents of a foreigner who is granted a refugee status 
3 
may, if not otherwise eligible under Section 48, be granted the same status as the 
4 
refugee to assure family unity or when it is in the public interest. 
5 
SEC. 51. Confidentiality of Infonnation. - In proceedings for the recognition 
6 
of refugey status, the confidentiality of information shall be respected and no 
7 
informatidm relating to the refugee shall be shared with the ~ountry of origin or 
8 
country of former habitual residence, directly or indirectly. 
9 
SEC. 52. Burden of Proof. - In proceedings for the recognition of refugee 
10 
status, the burden of proof lies with the applicant, subject to the principle of non-
11 
refoulement. 
12 
SEC. 53. Stay of Exclusion or Deportation. - Notwithstanding the provisions 
13 
of Sections 78 and 86, the exclusion from entry and deportation of a foreigner shall 
14 
be stayed during the pendency of an application for refugee status. Where grounds 
IS 
under Section 78 are present, the refugee shall be allowed entry and the application 
16 
shall be immediately referred by the Immigration Officer to the Board. 
17 
SEC. 54. Detention of Refugee. - Detention of applicants for refugee status 
18 
shall only be resorted to in cases arising out of illegal entry or unauthorized stay 
19 
after consideration of other alternatives, as may be determined by the 
20 
Commissioner. 
21 
CHAPTER 6 
22 
DOCUMENTATION AND ADMISSION OF IMMIGRANTS 
23 
SEC. 55. Documentary ReqUirements of Immigrants; Instances When Not 
35 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
Required. -
Immigrants must present for admission into the Philippines valid 
I 
passports .or travel documents issued by the government of th~ country to which 
I 
I 
they owe allegiance, showing their nationality and identity and valid visas issued by 
the Consular Officer indicating the date of issue and the period of validity thereof. 
Immigrant visas-shall not be required of the following: 
(a) A child born subsequent to the issuance of a valid immigrant visa to the 
accompanying parent; 
(b) A child born during the temporary visit abroad of the mother who is a 
lawful permanent resident of the Philippines and a holder of a valid reentry permit, 
if the child is accompanied by either parent within five (5) years from the date of the 
child's birth; and 
(c) A foreigner who is returning to an unrelinquished lawful permanent 
residence in the Philippines after a temporary residence abroad and presents for 
admission a valid reentry permit. 
Chapter 7 - Visa Issuance 
SEC. 56. 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. 
I 
SEC. 57. Requirement of Issuance of Visa. - Under the conditions and subject 
I 
. 
to the limitations prescribed in this Act or regulations issued hereunder, the 
Commissioner may approve the issuance of an immigrant visa upon the 
recommendation of a Consular Officer in the following manner: 
36 


I 
(a) 
An immigrant visa may only be issued to a foreign national who has 
2 
made a proper application therefor, which shall specify the foreign country, if any, to 
3 
which the quota the number is assigned, the immigrant's particular status in such 
4 
country, the preference to which the foreigner is classified, the date on which the 
5 
validity of the visa shall expire, and such additional information as may be required. 
6 
(b) 
The Department of Foreign Affairs, through its Consular Office abroad 
7 
and through the Office of the Visa Director, shall approve the issuance of a non-
8 
immigrant visa to a foreign national who has made a proper application therefor in 
9 
accordance with Section 33 of this Act. 
10 
All diplomatic visas under Section 33 (e) of this Act shall be exclusively issued 
II 
by the Department of Foreign Affairs in accordance with the Vienna Convention on 
12 
Diplomatic Relations. 
13 
All other non-immigrant visas under Section 33 shall be issued by the 
14 
Consular IOfficer, when the application is made abroad, or may be issued by the 
IS 
Office ofl the Visa Director of the Department of Foreign' Affairs, when the 
16 
application is made in the Philippines for conversion or renewal. 
17 
The issuance of special non-immigrant visas falling under the jurisdiction of a 
18 
particular government office or agency can only be done in coordination with and 
19 
upon recommendation of the government agency or office concerned. 
20 
SEC. 58. 
Requirements for Physical and/or Mental Examination Prior to 
21 
Issuance of Immigrant Visa. - Prior to the issuance of an immigrant visa to any 
22 
foreign national, the Consular Officer shall require such person to submit to a 
37 


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2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
, , 
physical and mental examination in accordance with such regulations as may be 
prescribed by the Commissioner. In addition, said foreign national shall be required 
to personally plant fifty (50) trees, except when he/ she is physically incapable of 
doing so, in which case, he/ she may cause another person to plant the trees. 
SEC. 59. Validity of Visa. -
A non-immigrant or immigrant visa issued by a 
Consular Officer abroad pursuant to Section 57 of this Act shall be valid for a period 
not exceeding six (6) months. In prescribing the period of validity of a non-
immigrant visa, the Consplar Officer shall, insofar as practicable, accord to such 
nationals the same treatment on a reciprocal basis as such foreign country accords to 
citizens of thePhilippin.es who are within. a sllnilar class. An immigrant visa may be 
I 
replaced rnder the original number during the calendar year i~ which the original 
visa was issued for a foreigner who establishes to the satisfaction of the Consular 
Officer that he/ she was unable to use the original immigrant visa during the period 
of its validity for reasons beyond his/her control: Provided, That the foreign national 
is found by the Consular Officer to be eligible for another immigrant visa and has 
paid all the fees. 
SEC. 60. Denial of Visa, Grounds Thereof. - The Consular Officer may deny 
the application for visa (a) if it appears from the statements in the application or in 
the documents submitted the applicant is not entitled to a visa under this Act; or (b) 
if he/ she fails to comply with the requirements of the provisions of this Act. 
SEC. 61. Revocation of Visa Issued by Consular Officer. - The Commissioner 
may, for valid cause and upon confirmation of the Secretary of Foreign Affairs, 
revoke the visa issued by any Philippine Consular Office. If the notice of revocation 
38 


, , 
1 
is not received and the visa holder applies for admission into the Philippines, 
2 
his/her admission or entry shall be determined by the Immigration Officer upon 
3 
his/her arrival at the port of entry. 
4 
CHAPTER 8 
5 
RE-ENTRY AND EMIGRATION CLEARANCE 
6 
SEC;:. 62. Re-entry. -
Every time a registered foreign national, except a 
7 
temporary visitor, departs or is about to depart temporarily from the Philippines 
8 
with the intention to return, he/ she must pay a re-entry fee, emigration clearance fee 
9 
and head fee: Provided, That said foreign national returns to the Philippines within a 
10 
period of one (1) year from his/her departure in order to maintain his/her visa 
11 
category. Otherwise, he/ she shall apply for an extension of the period within which 
12 
to return prior to its expiration and pay the prescribed fees and charges therefor: 
13 
Provided, further, That if his/her authorized stay is less than one (1) year, he/ she shall 
14 
pay a special return fee, emigration clearance fee and head fee for every departure: 
15 
Provided, finally, That in both cases, if the registered foreign national departs 
16 
permanently from the Philippines, he/she shall surrender all his/her Philippine 
17 
immigration documents to the Commission and apply for and be issued an 
18 
Emigration Clearance Certificate upon payment of the prescribed fees and charges 
19 
therefor, subject to tlle following conditions: 
20 
(a) He/she has no pending obligation with the government or any of its 
21 
agencies or instrumentalities; 
22 
(b) He/she has no pending criminal, civil, or administrative proceeding 
23 
which requires his continued presence in the country; and 
39 


.. 
1 
(c) There is no ongoing legislative inquiry where he/she is called upon to 
2 
testify as ~ witness. 
3 
SEC. 63. Emigration Clearance. 
Any temporary visitor departing from the 
I 
4 
Philippines shall, after the expiration of his/her initial authorized stay, apply for 
5 
emigration clearance with the Commission and pay the prescribed fees and charges 
6 
therefor. 
7 
8 
CHAPTER 9 
9 
PRESIDENTIAL PREROGATIVES 
10 
SEC. 64. Presidential Prerogatives. -
Any provision of this Act to the 
11 
contrary notwithstanding, the President may: 
12 
(a) Deny the entry and admission into the Philippines of any foreign national 
13 
or a class of foreign nationals whenever the President finds that the entry would be 
14 
detrimental to the interest of the Philippines or impose such restrictions as he/she 
15 
may deem appropriate; 
16 
(b) Waive passport and/or documentary requirements for non-immigrants 
17 
and immigrants under such terms and conditions as he/ she may prescribe; 
18 
(c) Change the status of non-immigrants by allowing them to acquire 
19 
permanent residence status without necessity of a visa; 
20 
(dJ Deport any foreign national, subject to the requirement of due process; 
I 
' 
(e) Admit non-immigrants not otherwise provided for in this Act for 
21 
22 
humanitarian considerations and when not detrimental to public interest, under 
23 
such terms and conditions as he / she may prescribe; 
40 


· , 
1 
(f) Prohibit the departure from the Philippines of any person who is likely to 
2 
disclose national security information, or who is likely to organize a rebellion abroad 
3 
against the Philippines, or whose presence in the country is necessary to face, or be a 
4 
witness in, criminal proceedings; and 
5 
(g) Exercise, with respect to foreign nationals in the Philippines, such powers 
6 
as are recognized by the generally accepted principles of international law. 
7 
8 
TITLE IV 
9 
PROVISIONS RELATING TO ENTRY 
10 
CHAPTER 1 
11 
CLASSIFICATION OF PORTS OF ENTRY 
12 
SEC. 65.Authority to Classify Ports. - The Commissioner shall classify and 
13 
designate, from among the ports of entry established by law for immigration 
14 
purposes, limited or unlimited ports of entry through which foreigners may be 
15 
admitted into the Philippines. Only such classes of foreigners as provided under the 
I 
. 
16 
rules andl regulations prescribed by the Commissioner may be' admitted at limited 
17 
ports of entry. The Commissioner may, after due notice to the public, close 
18 
designated ports of entry in the interest of national security or public safety. 
19 
CHAPTER 2 
20 
PROCEDURES ON ARRlV AL 
21 
SEC. 66. Inspection by Immigration Officer. - A foreigner seeking admission 
22 
or readmission shall present his/her valid passport and visa, if required, to the 
23 
immigration officer at the port of entry and shall be subject to primary inspection. 
24 
The decision of the examining Immigration Officer, if favorable to the admission of 
41 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
· , 
any foreigner, may be challenged by another Immigration Officer. The final 
determination of admissibility of such foreigner shall be determined by the 
Commissioner in case no resolution is reached between the Immigration Officers on 
the challenged admission. In case of admission, the Immigration Officer shall 
indicate in the passport the date, the port of entry and the identity of the vessel 
boarded. 
SEC. 67. Detention or Quarantine for Examination. -
For the purpose of 
determining whether a foreigner arriving at any port in the Philippines belongs to 
any of the classes excludable under this Act by reason of being afflicted with any of 
the contagious or communicable disease or mental disorder set forth under Section 
78(a) of tllis Act or whenever the Commissioner has received infor~ation showing 
that foreiiners 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 peri~d of time to enable the immigration and medical officers to subject 
such person to observation and examination. 
SEC. 68. Medical Examination Requirement. - Any arriving foreign national 
whom the examining Immigration Officer believes to belong under the class of 
excludable foreign nationals specified in Section 78(a) herein shall be referred to 
designated medical officers for physical and mental examination. Such medical 
officer shall certify his/her findings for the information of the Immigration Officer. 
SEC. 
69. Arrival Notice Requirements of Vessel. -
The immigration 
22 
authorities shall be given prior notice of the arrival of any civilian vessel before such 
23 
vessel comes into any area in the Philippines from any place outside thereof. Such 
42 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
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 
I 
inspecti01 formalities. 
SEC. 70. Contents of Notice of Arrival. -
The advance notice of arrival 
required in the preceding section shall specify the following: 
(a) Type of vessel and registration marks; 
(b) Visaed crewlist; 
(c) Passenger manifest; 
(d) Port of last departure; 
(e) International port of intended destination, or other place authorized by the 
Commissioner; 
(f) Estimated time of arrival; and 
(g) Authorized agent or representative at the place of arrival. 
CHAPTER 3 
FOREIGN CREWMEMBER 
SEC. 71. Conditional Pennit to Disembark. -
A foreign crewmember of a 
vessel under Section 33(c) of this Act may be granted a conditional permit, in a form 
prescribed by regulations, to disembark temporarily from the vessel on which 
43 


, , 
1 
he/she arrived while such vessel remains in port under such terms and conditions 
2 
as may be Iprescribed by the Commissioner, 
I 
3 
SEC. 
72. Confiscation and Cancellation of Permit; Deportation from the 
4 
Philippines. -
Upon the determination that the foreigner is not a bona fide 
5 
crewmember or does not intend to depart on the vessel that brought him, the 
6 
Commissioner shall cancel and confiscate the conditional permit already issued, take 
7 
such foreigner into custody, and require the owner, operator, captain, master, pilot, 
8 
agent or consignee of the vessel on which the foreigner arrived to receive and detain 
9 
him/her on board. The expenses for his/her removal, including the cost of detention 
10 
and other expenses incidental thereto, shall be borne by the owner, operator, captain, 
II 
master, pilot, agent or consignee of such vessel. 
12 
SEC. 73. Liability for Overstaying Foreign Crewmen. - A foreign crewmember 
13 
who remains in the Philippines in excess of the period allowed in the conditional 
14 
permit issued to him shall be solidarily liable with the owner, operator, captain, 
15 
master, pilot, agent or consignee of the vessel to pay the penalties prescribed in 
16 
Section 126 of this Act. 
17 
SEC. 74. Liability for Unauthorized Discharge of Foreign Crewmember. -
It 
18 
shall be unlawful for any person, including the owner, operator, captain, master, 
19 
pilot, agent or consignee of any vessel to discharge any foreign crewmember 
20 
employed a vessel arriving in the Philippines and whilst in port, without first 
21 
obtaininJ the prior permission of the Commissioner. Other~ise, such person or 
22 
owner, operator, captain, master, pilot, agent or consignee of the vessel shall pay the 
23 
Commission such fines as may be prescribed under this Act. No such vessel shall be 
44 


;' 
1 
granted clearance from any port in the Philippines while such fines remain unpaid 
2 
or while the validity thereof is being determined: Provided, That a clearance may be 
3 
granted prior to such determination upon deposit of a sum or cash bond sufficient to 
4 
cover such fines as approved by the Commissioner. 
5 
SEC. 75. Duty to Report Desertion or Illegal Landing of Foreign Crewmember. 
6 
- The owner, operator, captain, master, pilot, agent or consignee of any vessel shall 
7 
immediately report, in writing, to the immigration officer all cases of desertion or 
8 
illegal disembarkation in the Philippines from the vessel, together with a description 
9 
of such foreigners and any information that shall result in their apprehension. 
10 
SEC. 76. Requirement for Submission of List of Newly Employed, Discharged 
11 
and Illegally Landed Foreign Crewmember. -
Prior to the departure of any vessel 
12 
from the last port in the Philippines destined to any place outside thereof, the owner, 
13 
operator, captain, master, pilot, agent or consignee thereof shall deliver to the 
14 
Immigration Officer at that port a list containing: (a) the names of crewmembers 
\ 
15 
who were not employed thereon at the time of the vessel's arrival on such port but 
I 
16 
will depart thereat on the same vessel; (b) the names of those, if. any, who have been 
17 
discharged; (c) the names of those who have deserted or illegally landed at that port, 
18 
if any; and (d) such other additional information as the Commissioner deems 
19 
necessary. 
20 
SEC. 77. Liability for Failure to Submit Complete, True and Correct Report. 
21 
In case the owner, operator, captain, master, pilot, agent, or consignee, fails to 
22 
submit a true and complete list or report of foreigners, or to report cases of desertion 
23 
or illegal landing, he/she shall pay to the Commission such sum as may be 
45 


1 
prescribed under this Act. No such vessel shall be granted clearance from any port 
2 
in the Philippines while such fines remain unpaid or while the validity thereof is 
3 
being determined: Provided, that clearance may be granted prior to such 
4 
determination upon deposit of a sum or cash bond sufficient to cover such fines as 
5 
approved by the Commissioner. 
6 
CHAPTER 4 
7 
EXCLUSIONS 
8 
SEC. 78. Exclusion Grounds. - The following classes of foreign nationals shall 
9 
not be allowed entry and shall be excluded from the Philippines: 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
(a) 
Health Related Grounds 
/1. Those who are found to be suffering from a communicable, dangerous 
or contagious disease; 
2. Those who are found to be suffering from mental disorder or 
associated behavior that may pose threat to persons or danger to 
property; 
3. Those who are found to be suffering from addiction to prohibited or 
regulated substance; 
(b) 
Economic Grounds 
(c) 
1. Those likely to become a public charge; 
2. Those seeking entry for the purpose of performing skilled or unskilled 
labor, without a permit from the Secretary of the Department of Labor 
and Employment as reqUired by law; 
Moral Grounds 
46 


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2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
(d) 
1. Those coming to the Philippines to practice polygamy or who advocate 
the practice of polygamy unless his/her religion allows such practices; 
2. Those who are pedophiles, sexual perverts or those coming to the 
Philippines for immoral purposes; 
3. Those who are engaged or who seek to engage in prostitution or to 
procure or attempt to procure prostitutes, or who receives in whole or 
in part the proceeds of prostitution; 
4. Those who, at the time of primary inspection, by the Immigration 
Officer exhibit any obnoxious behavior, contempt or disrespect for the 
said officer or any government official or Commission; 
Criminal and Security Grounds 
1. Those who have been convicted of a crime involving moral turpitude 
or who admit to the Immigration Officer having committed such crime, 
or who attempt and conspire to commit the crime; 
2. Those who have been convicted, or who admit having committed, or 
are committing acts which constitute the elements of a violation or 
conspiracy to violate any law or regulation of the Philippines or a 
foreign country relating to a controlled, regulated or prohibited 
substance, or who attempt or conspire to commit the crime; 
3. Those that the Philippine Government knows or has reason to believe 
is a trafficker of any controlled, regulated or prohibited substance or 
knows or has reason to believe is or has been an accomplice, accessory, 
47 


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, 
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
abettor, or co-conspirator in the illicit trafficking of any controlled, 
regulated or prohibited substance; 
t Those who are fugitives from justice; 
5. Those who seek to enter the Philippines to engage in: 
a. Espionage or sabotage, or a violation or evasion of any laws 
prohibiting 
export 
of 
goods, 
technology 
or 
sensitive 
information; 
b. Any activity aimed to promote membership in an organization 
of syndicated criminal activities; 
c. Any activity, the purpose of which is to overthrow the 
Philippine government by force, violence or other unlawful 
means; and 
d. Any other unlawful activity. 
7. 
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; 
8. 
Those who have been identified by competent authorities, local or 
foreign, as having engaged or are engaging in human trafficking and 
smuggling; 
9. I Those who are under fifteen (15) years of age and unaccompanied by or 
not coming to a parent, except that they may be admitted in the discretion 
of the Commissioner, if otherwise admissible; and 
48 


· , 
1 
10. Those- who have been identified by competent authorities, local and 
2 
foreign, as 
having engaged or are engaging in importation of 
3 
contrabands and other prohibited articles into the country. 
4 
SEC. 7S-A. Minor Persons I Minority. - Persons under fifteen (15) years of age, 
5 
and not accompanied by or not coming to a parent, may be admitted: Provided, That 
6 
the written consent of either parent allowing them to travel is presented. The 
7 
written consent must cite the purpose of the travel and must be affirmed by the 
8 
Philippine Consular post in the minor's country of origin. 
9 
SEC. 79. Temporary Detention of Excludable Foreigners. - For the purpose of 
10 
ascertaining whether a fOl'eigner arriving in the Philippines belongs to any of the 
11 
excludable classes of foreigners provided for in this Act or related laws, the 
12 
Immigration Officer, for a period not exceeding seventy-two (72) hours, may 
13 
temporarily detain for investigation such foreigner either on board the vessel or at a 
14 
place designated for the purpose at the expense of the master, captain, agent, owner 
15 
or consignee of the carrying vessel. 
I 
16 
SEF' SO. Finality of Exclusion Order. -
An order by the ,Immigration Officer 
17 
to exclude a foreign national who is excludable under Section 78 hereof is final and 
18 
executory unless revoked by the Commissioner upon a timely appeal prior to the 
19 
implementation of the exclusion order. 
20 
SEC. Sl. Authority to Waive Grounds for Exclusion. -
Except for grounds of 
21 
exclusion under Section 78(d), subparagraphs 1 to 8 and subparagraph 9, the 
22 
Commissioner may waive any of the grounds for exclusion mentioned therein. 
49 


, . 
1 
SEC. 82. Procedure of Removal and Cost Thereof. - Any foreign national 
2 
arriving in the Philippines who is ordered excluded shall be immediately removed 
3 
in the same accommodation to the country where he/she boarded the vessel on 
4 
which he/ she arrived, unless the Commissioner determines that immediate removal 
5 
is not proper and practicable. The cost of detention and other expenses incidental 
6 
thereto shall be borne by the owner, operator, master, pilot, captain, agent or 
7 
consignee of the vessel on which he/ she arrived. 
8 
SEC. 83. Country Where Removal is to be Directed. - If the government of 
9 
the country designated in the preceding section will not accept the foreign national 
10 
into its terrilory, his/her removal shall be direded by the Commissioner in his/her 
11 
discretioIlj and without necessarily giving preference, either to: 
12 
(a) IThe country which he/ she is a citizen or national; 
13 
(b) The country of birth; 
14 
(c) The country of his/her habitual residence; or 
15 
(d) The country willing to accept the foreign national into its territory, if 
16 
removal to any of the foregoing countries is impractical or impossible. 
17 
SEC. 84. Obligation of Owner, Operator, Master, Captain, Pilot, Agent or 
18 
Consignee. -
It shall be unlawful for an owner, operator, master, captain, pilot, 
19 
agent, or consignee of a vessel to refuse or fail to: 
20 
(a) Board a foreigner ordered excluded and removed under Section 78 hereof 
21 
in the same vessel or another vessel owned or operated by the same company; 
22 
(b) Detain a foreign national on board any such vessel at the port of arrival 
23 
,when required by this Act or when so ordered by an Immigration Officer; 
50 


1 
2 
3 
4 
5 
6 
7 
8 
9 
(c) Deliver a foreign national for medical or other examinations when so 
ordered by such officer; 
(d) Remove a foreign national from the Philippines to the country to which 
his/her removal has been directed; or 
(e) Pay the cost of detention and other expenses incidental thereto of a 
foreign national incurred while being detained as required by Section 82 of this Act 
I 
or other cfsts necessary or incidental to his removal as provided in this Act. 
SEC. 85. Penalty for Non-compliance of Obligation. -
The owner, operator, 
master, captain, pilot, agent, or consignee of a vessel who violated Section 84 hereof 
10 
shall pay the fines prescribed under this Act. 
Nn such vessel shall be granted 
11 
clearance from any port in the Philippines while such fines remain unpaid or while 
12 
the validity thereof is being determined: Provided, That clearance may be granted 
13 
prior to such determination upon deposit of a sum or cash bond sufficient to cover 
14 
such fines as approved by the Commissioner. 
15 
16 
TITLE V 
17 
DEPORTATION 
18 
CHAPTER 1 
19 
DEPORTABLE FOREIGN NATIONALS 
20 
SEC. 86. Classes of Deportable Foreigners. - The following foreigners shall be 
21 
arrested upon the order of the Commissioner and deported upon recommendation 
22 
by the Board of Special Inquiry and approval by the Board: 
23 
(a) Those who entered the Philippines by means of false and misleading 
24 
statements or documents, misrepresentations or without inspection and admission 
51 
i 
I 


1 
by the immigration authorities; 
2 
(b) Tlfose who entered the Philippines who were not lawfully admissible at the 
3 
time of entry; 
4 
(c) Those who engage, abet or aid in the practice of prostitution including the 
5 
owner, manager or inmates of a house of prostitution or are procurers, pedophiles or 
6 
sexual perverts; 
7 
(d) Those who, at any time after the date of entry, have become a public charge; 
8 
(e) Those who remain in the Philippines in violation of any period of limitation 
9 
or condition under which they were admitted; 
10 
(f) Those who believe in, advise, advocate or teach the overthrOWing by force 
11 
and violence of the Government of the Republic of the Philippines, or duly 
12 
constituted authority, or those who do not believe in or are opposed to organized 
13 
governments, or those who advise, advocate or teach the assault or assassination of 
14 
public officials by reason of their office, or those who advise, advocate or teach the 
15 
unlawful destruction of property, or those who are members of or affiliated with any 
16 
organization entertaining, advocating or teaching such doctrines, or those who in 
17 
any manner whatsoever extend assistance, financial or otherwise, in the 
18 
dissemination of such doctrines; 
19 
(g) Those who, at any time after entry, engage in, abet, aid or finance any 
20 
terrorist <j.ctivity; 
21 
(h) those who commit any violation of the provisions of tilis Act, independent 
22 
of any criminal action which may be brought against them: Provided, however, That in 
23 
the case of a foreigner who, for any reason, is convicted and sentenced to suffer both 
52 


1 
imprisonment and deportation, said foreigner shall first serve the entire period of 
2 
his/her sentence before being deported: Provided, further, That the penalty of 
3 
imprisonment may be waived by the President upon payment by the foreigner 
4 
concerned of such costs, fines and/ or damages, if any, awarded to the government 
5 
or any aggrieved party,; 
6 
(i) Those who, at any time after entry, are engaged in acts or omissions 
7 
punishable under Philippine penal laws cognizable by the Regional Trial Courts and 
8 
the Sandiganbayan; 
9 
G) Those who, at any time after entry, are convicted by final judgment of a 
10 
crime punishable under Philippine penal laws cognizable by the first level courts; 
11 
(k) Those who are gUilty of any offense penalized under the naturalization laws 
12 
of the Philippines or any law relating to the acquisition of Philippine citizenship; 
13 
(1) Those who defraud their creditors by absconding or alienating properties to 
14 
prevent their attachment or execution; 
15 
(m) 
Those who were admitted as non-immigrants and .who obtained an 
I 
16 
adjustment of their admission status for convenience, or through fraud, falsification 
I 
' 
17 
of documents, misrepresentations or concealment of material facts; 
18 
(n) Those who violated Philippine labor and taxation laws, rules and 
19 
regulations; 
20 
(0) Those who, upon prior investigation and hearing, are found to be 
21 
undesirable and whose further stay in the Philippines is inimical to public welfare 
22 
and interest, or the dignity of the Filipinos, or the Republic of the Philippines as a 
23 
sovereign nation; 
53 


1 
(p) Those who forge, counterfeit, alter or falsely make any document; or use, 
2 
attempt to use, possess, obtain, accept or receive or provide any forged, counterfeit, 
3 
altered or falsely made document; or use, attempt to use, 
provide, attempt to 
4 
provide, accept or receive a genuine document, even of another person, without 
5 
authority to do so for the purpose of satisfying or complying with the requirements 
6 
for his/her stay in the Philippines; and 
7 
(q) Those whose presence or activities in the country may result in adverse 
8 
consequences to Philippine foreign policies as determined by the Secretary of 
9 
Foreign Affairs. 
10 
SEC. 87. Non-Prescription of Beportation Cases. - The right of the State to 
11 
initiate at any time deportation proceedings shall not prescribe: Provided, That no 
I 
12 
deportati~n proceedings and orders shall be had against foreigners facing 
13 
preliminary investigation, prosecution and trial before competent authorities. 
14 
CHAPTER 2 
15 
DETENTION AND DEPORTATION OF FOREIGN NATIONALS 
16 
SEC. 88. Issuance of Summons. - If the Commissioner determines that there 
17 
exists a reasonable ground to deport a foreigner pursuant to Section 86 of this Act, 
18 
he/ she may issue summons requiring the foreigner to appear in person befme the 
19 
designated investigating officer at the time, date and place stated therein. 
20 
SEC. 89. Authorihj to Issue Letter Order. ~ The Commissioner may issue a 
21 
letter order for the detention of a foreigner if he/ she determines that a probable 
22 
cause exists for the filing of deportation charges against a foreigner for violation of 
23 
immigration and other related laws, rules and regulations or there is a strong 
54 


1 
probability that a deportable foreigner may flee from his/her place of abode, go into 
2 
hiding or surreptitiously leave the country. 
3 
SEC. 90. Fonnal Charge of Deportation. - A formal charge for deportation shall 
4 
be issued upon determination of the existence of a prima facie case against the 
5 
foreigner. Pending final determination of his/her deportation case, the foreigner 
6 
shall, upon the discretion of the Commissioner: (a) remain under detention; or (b) be 
7 
released oh bail or recognizance. The bail may be revoked and confiscated in favor 
I 
. 
8 
of the government if there is sufficient evidence that the foreigner is evading the 
9 
proceedings or is attempting to abscond, in which case he/ she shall be taken into 
10 
custody and placed und.eJ.· detentien by order of the Commissioner_ 
11 
SEC. 91. Detention of a Foreigner Convicted of a Felony or an Offense. - After 
12 
service of his/her sentence or compliance with the conditions of his/her parole or 
13 
probation, as the case may be, the foreigner shall be taken into custody and placed 
14 
under detention by order of the Commissioner. Pending final determination of the 
15 
deportation case, the foreigner may be ordered released under such terms and 
16 
conditions prescribed by the Commissioner. 
17 
SEC. 92. 
Voluntary Deportation, When Authorized. - In case the foreigner 
18 
does not contest the formal charge against him/her and opts to voluntarily leave the 
19 
country at his/her own expense, the Commissioner may waive the deportation 
20 
proceedings and order the departure within the period specified in the voluntary 
21 
deportation order, except in cases of violations of laws such as Republic Act No. 
22 
8042 otherwise known as the "Migrant Workers and Overseas Filipinos Act of 1995": 
23 
Provided, That he/ she has not committed any criminal offense or has no pending 
55 


1 
case in court: Provided, further, That the said foreigner so deported shall be barred 
2 
from re-entering the country without prior written authorization from the 
I 
3 
Commissipner. 
4 
SEC. 93. Contents of an Order or Warrant of Deportation. - The order or 
5 
warrant of deportation shall be in the form prescribed by the Commissioner and 
6 
shall state the grounds therefor, the specific place where the foreigner is to be 
7 
deported and the period within which to execute such order. 
8 
SEC. 94. 
Period to Enforce Order of Deportation. - The order of deportation 
9 
shall be enforced immediately but in no case shall exceed three (3) months from the 
10 
date it has become final and executory. 
If deportation is not enforced within the 
11 
prescribed period for reasons beyond the control of the Commissioner, the foreigner 
12 
shall remain in custody. 
13 
SEC. 95. Suspension of Deportation Order. - Upon application and payment 
14 
of the prescribed fees by the concerned foreigner, the Commissioner may suspend 
15 
the implementation of the deportation order and order his/her release for good 
16 
cause, taking into account the follOWing factors: 
17 
(a) Age, health, family or conduct; 
18 
(b) Period of detention; 
19 
(c) Impact on national security and public welfare; 
20 
(d) Unavailability of travel documents; 
I 
21 
(e) ~xistence of an application for refugee status; or 
22 
(f) Other humanitarian considerations. 
23 
SEC. 96. 
Reinstatement of a Deportation Order. - A deportation order 
56 


1 
previously implemented against a foreigner who unlawfully re-entered the 
2 
Philippines shall be deemed automatically reinstated and shall be implemented in 
3 
accordance with this Act. 
This provision shall also apply to a foreigner who 
4 
departed voluntarily under Section 92 hereof. 
5 
SEC. 97. Country of Destination of a Deportee. - Except as provided for under 
6 
existing treaty or international agreement, a foreigner shall be deported to the 
7 
country of which he/ she is a citizen or national, or to the country of his/her birth, or 
8 
to the country of which he/she is a resident, or to the country from which he/she 
9 
embarked for the Philippines, subject to the acceptance by the receiving country. 
10 
SEC. 98. Existence of Danger in tbe CountYlj Where a Foreigner is to be 
11 
Deported. - No foreigner shall be deported to a country where there exists a danger 
12 
to his/her life or freedom on account of race, religion, nationality, political opinion 
13 
or membership in a particular political or social group, except in the following 
14 
circumstances: 
15 
(a) 
The foreigner participated, induced or cooperated in the persecution of 
16 
any persdn on account of race, religion, nationality, political opinion or membership 
I 
17 
in a particular political or social group in the country where he/ she is to be 
18 
deported; 
19 
(b) The foreigner is a fugitive from justice in the country where he/she is to be 
20 
deported; 
21 
(c) The foreigner committed a serious non-political crime in the country where 
22 
he/ she is to be deported; or 
23 
(d) The foreigner is undesirable in and/or a danger to the national security of 
57 


, , 
1 
the Philippines. 
2 
SEC. 99.Cost of Deportation. - The cost of deportation shall be borne by the 
3 
owner, operator, captain, master, pilot, agent or consignee of a vessel in case its 
4 
foreign crew member is to be deported for violation of Section 100 of this Act. In all 
5 
other cases, the cost of deportation shall be borne by the deportee himself/herself, 
6 
the concerned 
consular office, 
nongovernment organizations or people's 
7 
organizations with which the Commission has an agreement on this matter, 01' from 
8 
the appropriations for the enforcement of this Act. 
9 
SEC. 100. 
Liability of Owner, Operator, Captain, Master, Pilot, Agent or 
10 
11 
12 
13 
14 
15 
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 
I 
transport \ the deportee to his/her country of destination, or to shoulder the cost of 
deportation of the foreign crew member as provided in Section 99 hereof, shall be 
punished by an administrative penalty prescribed under this Act. 
SEC. 101. -
Expenses of Accompanying Person. - The Commissioner may, 
16 
by reason of the mental or physical condition of the deportee, direct an employee of 
17 
the Commission to accompany such deportee to the country of his/her destination, 
18 
subject to the provisions of the immediately preceding sections. 
19 
CHAPTER 3 
20 
INDIGENT FOREIGNERS 
21 
SEC. 102. 
Deportation of Indigent Foreigners. - At any time after entry, 
22 
the Commissioner may deport indigent foreigners from the Philippines to the 
23 
country of which they are citizens or nationals, or country of birth, or country of 
58 


" 
1 
residence, as the case may be. The cost of deportation may be charged against the 
2 
available funds of the Commission. Any foreigner deported under this section shall 
3 
be barred re-admission except upon written authorization of the Commissioner. 
4 
This provision shall not apply to a foreigner declared as an indigent by any 
5 
Philippine court for purposes of filing a case or to pursue a cause of action which 
6 
resulted in his/her indigency until such action is resolved with finality: Provided, 
7 
That no other grounds for deportation exist during the pendency of the same. 
8 
TITLE VI 
9 
MISCELLANEOUS PROVISIONS 
10 
CHAPTER 1 
II 
REGISTRATION OF FOREIGN NATIONALS 
12 
SEC. 103, Requirement of Registration, -
A temporary foreign visitor must 
13 
register with the Commission or any Immigration Office nearest his/her place of 
14 
residence on or before the sixtieth (60th) day of his/her arrival in the Philippines. 
15 
SEC. 104. Registration Form and Oath. -
Applications for registration shall be 
16 
under oath and in such form as prescribed by the Commission. Upon registration, a 
17 
certificate of registration shall be issued by the Commission to the registrant. In case 
18 
of loss or destruction of the certificate, a replacement thereof may be issued by the 
19 
Commission upon proper application and payment of prescribed fees. 
20 
SEC. 105, Amendment of Registration. -
A registered foreign national shall 
21 
notify the Commission in writing of any change of information in his/her 
22 
registration documents not later than seven (7) days thereof. 
23 
SEC. 106. Presentation of Certificate of Registration. 
Every foreigner 
24 
required to register under this Act or the parent or guardian of such foreigner shall, 
59 


I 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
IS 
16 
17 
18 
19 
20 
21 
22 
23 
upon demand of any authorized immigration official, present his/her certificate of 
registration, and failure to do so without justifiable cause shall be dealt with in 
I 
accordance with the provisions of this Act. 
I 
SEC. 107. Reportorial Requirements. -
Every foreigner registered under this 
Act shall, within the first sixty (60) days of every calendar year, report in person to 
the Commission subject to the payment of prescribed fees. The parent or legal 
guardian of foreigners below fourteen (14) years of age shall have the duty to 
comply with the requirements prescribed under this Act. 
SEC. 108. Failure to Comply with Requirements. -
A foreigner, or his/her 
parent or guardian, as the case may he, woo, without justifiable reaso~ fails to 
comply with all the requirements under this Act, or who files an application for 
registration containing statements known by him/her to be false, or who utilizes 
registration documents other than his/her own, shall be dealt with in accordance 
with the provisions of this Act and other existing laws. 
SEC. 109. Cancellation of Registration of Foreign National. -
In case of death 
of a foreigner registered under the provisions of this Act, his/her legal heir, 
representative or administrator must inform the Commission within sixty (60) days 
from death and the Commission shall cancel such registration. The Local Civil 
Registrar or other civil registry officer of the locality where said foreigner died shall 
furnish the Commission with a copy of the Certificate of Death'within thirty (30) 
I 
days froj issuance thereof. Failure on the part of the persons concerned to comply 
with the requirements of this section shall be dealt with pursuant to the provisions of 
this Act. 
60 


, , 
CHAPTER 2 
BONDS AND DEPOSITS 
1 
2 
3 
4 
SEC. 110. 
Bonds, When Required. -
The Commission shall have the 
5 
authority to require cash bonds in such amounts and under such conditions as it 
6 
may prescribe: 
7 
(a) To control and regulate the admission into, and departure from, the 
8 
Philippines of foreigners applying for temporary admission; 
9 
(b) To insure against foreign passengers liable to be excluded as likely to 
10 
become public charges; and 
11 
(c) To insure the appearance of foreigners released from custody during the 
12 
course of deportation proceedings instituted against them. 
13 
SEC. 111. Requirement of Cash Deposits for Overtime Services. - The 
14 
Commission shall likewise have the authority to require cash deposits in such 
15 
amounts as may be necessary from vessel's owner, operator, captain, master, pilot, 
16 
agent, or ponsignee or other persons served to cover payments for overtime services 
17 
to be per£ormed by officers and employees of the Commission. . 
18 
SEC. 112. 
Cancellation and Forfeiture of Bonds. - When the-conditions of 
19 
the bond are fulfilled, or in case of a bond posted to insure against a foreigner 
20 
becoming a public charge, when the Commissioner decides that the likelihood no 
21 
longer exists, or death of the foreigner in whose behalf the bond is posted, the bond 
22 
shall be cancelled and released to the depositor or his/her legal representative. In 
23 
case of violation of the conditions of the bond, the same shall be forfeited and 
61 


· , 
I 
deposited in a trust fund account which may be utilized for the purchase of passage 
2 
tickets of indigent deportees and to cover the costs of operations in the arrest of a 
3 
deportee who jumps bail. 
4 
CHAPTER 3 
5 
RECOGNIZANCE 
6 
SEC. 113. 
Petitions for Recognizance, Sanction for Breach of Conditions. 
7 
The Commissioner may order the release of a foreigner upon recognizance of 
8 
his/her lawyer or a person who is of good standing in the community, under such 
9 
terms and conditions as he/she may prescribe. Failure to comply with the terms 
10 
and conditions of the recognizance shall subject said lawyer or person to a fine of not 
II 
less than Fifty thousand pesos (P50,OOO.OO) but not more than One hundred 
I 
12 
thousand, pesos (PlOO,OOO.OO), without prejudice to other administrative sanctions 
I 
. 
13 
and/ or proceedings against the erring party. 
14 
CHAPTER 4 
IS 
COOPERATION AND COORDINATION WITH OTHER OFFICES 
16 
SEC. 114. Working Cooperation with the Department of Foreign Affairs. -
17 
For purposes of efficient implementation and administration of this Act, the 
18 
Commission shall maintain a working cooperation with the Deparbnent of Foreign 
19 
Affairs. 
20 
SEC. 115. Working Cooperation with the Commission on Higher Education. -
21 
The Commission shall maintain a working cooperation with the Commission on 
22 
Higher Education with respect to accreditation of schools and learning centers for 
23 
enrolment of foreign students as authorized under this Act. 
62 


" 
, , 
1 
SEC. 116. Coordination with Law Enforcement, Security and Other Offices. 
2 
The Commissioner shall have authority to maintain coordination with the 
3 
National Security Council, the Philippine National Police, and other law 
4 
enforcement agencies of the government. 
5 
CHAPTERS 
6 
FEES AND CHARGES 
7 
SEC. 117. Authority of the Commissioner to Prescribe, Impose and Collect 
I 
8 
Fees and iCharges. -
The Commissioner is authorized to prescribe, impose and 
9 
collect fees and charges for services rendered pursuant to the provisions of this Act, 
10 
which shall take effectfifteen (15) days after the last publication thereof for two (2) 
11 
consecutive weeks in a newspaper of general circulation. 
12 
SEC. 118. Head Fee. -
Every foreign national who is at least fourteen (14) 
13 
years of age and admitted to the Philippines for a temporary stay exceeding sixty 
14 
(60) days shall pay a head fee in an amount to be fixed by the Board. 
15 
16 
CHAPTER 6 
17 
ADMINISTRATIVE FINES AGAINST VESSELS 
18 
SEC. 119. 
Fine for Failure to Submit Crew List or Passenger Manifest, or 
19 
Failure to Account Every Passenger and Crew. -
Any pilot, master, agent, owner or 
20 
consignee of a vessel arriving at any port in the Philippines from a place outside 
21 
thereof who fails to submit to the immigration authorities a complete and accurate 
22 
crew list or passenger manifest, or fails to produce or account every crewmember or 
23 
passenger whose name appears in said list or manifest shall be subject to fines of 
24 
One hundred thousand pesos (P100,000.00) and Fifty thousand pesos (PSO,OOO.OO) for 
63 


· , 
1 
each unaccounted person, respectively. 
2 
SEC. 120. Fine for Violation of Obligation on the Landing or Removal of 
3 
Foreigners~ -
A pilot, master, agent, owner or consignee of any vessel arriving at a 
I 
4 
port of the Philippines from a place outside thereof in violation of this Act shall be 
5 
fined not less than Fifty thousand pesos (P50,OOO.OO) but not more than Two 
6 
hundred thousand pesos (P200,OOO.OO) for each violation. 
7 
SEC. 121. Fine for Bringing Undocumented Foreigner, or Foreigner Afflicted 
8 
with Communicable or Contagious Disease, or Suffering from Mental Disorder. -
9 
The pilot, master, agent, owner or consignee of the vessel arriving at a port in the 
10 
Philippines from a place outside thereof bringing on board an undocumented 
11 
foreigner shall be fined One hundred thousand pesos (P100,OOO.OO) for each 
12 
foreigner. If the foreigner is afflicted with a communicable or contagious disease or 
13 
is suffering from mental disorder, the fine shall be not less than Two hundred 
14 
thousand pesos (P200,OOO.OO) but not more than Three hundred thousand pesos 
15 
(P300,OOO.OO) for each foreigner. 
16 
SEC. 122. 
Fine for Bringing a Foreigner to Assist His Illegal Entry or 
17 
Misrepresenting a Foreigner as a Member of the Crew. -
The pilot, master, agent, 
18 
owner or consignee of the vessel arriving at any port in the Philippines from a place 
19 
outside thereof bringing on board a foreigner bound for the Philippines to assist 
20 
his/her illegal entry, or misrepresenting the foreigner to the immigration officer at 
21 
the port 6f arrival as a bona fide member of the crew, shall be fined ~ot less than One 
I 
22 
hundred thousand pesos (P100,OOO.OO) but not more than Two hundred thousand 
23 
pesos (P200,OOO.OO) for each foreigner. 
64 


1 
SEC. 123. 
Fine for Violation of Other Provisions of this Act. -
The pilot, 
-
2 
master, agent, owner or consignee of any vessel 
arriving at any port of the 
3 
Philippines from a place outside thereof who violates any other provision of this Act 
4 
not specifically provided in this Chapter shall be fined not less than Fifty thousand 
5 
pesos (PSO,OOO.OO) but not more than Two hundred thousand pesos (P200,OOO.OO) for 
6 
each violation. 
7 
CHAPTER 7 
8 
OTHER PENAL PROVISIONS 
9 
SEC. 124. Other Prohibited Acts and Penalties Thereof. - Any person who 
10 
shall commit any of the acts specified hereunder shall, upon conviction, suffer the 
11 
penalty of prision correccional in its maximum period to prision mayor in its minimum 
12 
period or a fine of not less than One hundred thousand pesos (PlOO,OOO.OO) but not 
13 
more than Five hundred thousand pesos (P500,OOO.OO) or both, at the discretion of 
14 
the court: 
15 
(a) Impersonates another individual, or falsely appears in the name of a 
16 
deceased individual, or evades the immigration laws by using an assumed or 
I 
17 
fictitious pame when applying for an immigration document; 
18 
(b) Issues or otherwise disposes of an immigration document or an 
19 
immigration accountable form, to any person not authorized by law to receive such 
20 
documents; 
21 
(c) Obtains, manufactures, prints, accepts or uses any immigration or travel 
22 
document knowing it to be false or uses immigration accountable form that is not 
23 
legally issued; 
65 


1 
(d) Enters the Philippines without inspection and admission by the 
2 
immigration authorities, or obtains entry into the Philippines by fraud, 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
misrepresentation, or concealment of material facts; 
(e) Misrepresents himself/herself to be a Philippine citizen; 
(f) Knowingly makes under oath any false statement regarding any 
immigration matter; or 
(g) Brings into, or lands in the Philippines, or conceals, harbors, employs, or 
gives comfort to any person not duly admitted by any immigration officer or not 
lawfully entitled to enter into or resides within the Philippines, or attempts, 
conspires witl" or aids anotl,er to commit any such acts. 
Where the offender of any acts specified in paragraph (g) of iliis section is a 
corporati6n, company, partnership or other juridical entity, ilie pr~sident, general 
I . 
. 
manager, managing partner, or chief executive officer thereof shall be held liable. 
Dismissal of tl,e employee by ilie employer before or after apprehension shall not 
relieve such employer from any liability arising from the offense: Provided, That if 
ilie offender is the pilot, master, agent, owner, consignee, or other person in charge 
of ilie vessel which brought ilie foreigner into the Philippines from any place outside 
thereof, the fine imposed under this section shall constitute a lien against the vessel 
which may be enforced in the same manner as fines are collected and enforced under 
eXisting laws. Such vessel shall not be allowed to depart wiiliout prior clearance 
issued by the Commission. Where forfeiture is justified under the particular 
circumstances of ilie case, ilie forfeiture of ilie vessel in favor of ilie goverrunent in 
lieu of the fine shall be decreed. 
66 


, , 
1 
Conviction by final judgment of any offense punishable under this Act or 
2 
other related laws shall result in the automatic revocation or cancellation of any 
3 
immigration document issued to the offender, including that of his/her spouse and 
4 
unmarried children, if applicable. 
5 
SEC. 125. Penalty for Non-compliance of Subpoena. -
Any person who, 
6 
having been duly served with a subpoena, fails to comply without valid and 
7 
justifiable {easons shall, upon conviction, suffer the penalty of imprtsonment of not 
8 
more that fifteen (IS) days or a fine of not more than Ohe thousand pesos 
9 
(PLOOO.OO), or both, at the discretion of the court. 
10 
SEC. 126. Penalty for an Overstaying Crewmember. -
Any foreign 
11 
crewmember who wilfully remains in the Philippines beyond the period allowed 
12 
him/her for temporary landing shall, upon conviction, suffer the penalty of 
13 
imprisonment of six (6) months or fine of not less than Fifty thousand pesos 
14 
(PSO,OOO.OO) but not more than One hundred thousand pesos (PI00,OOO.OO), or both, 
15 
at the discretion of the court. 
16 
SEC. 127. 
Imposition of Maximum Penalty, When Applicable. - A person 
17 
convicted under Republic Act No. 3019, as amended, otherwise known as the" Anti-
18 
Graft and Corrupt Practices Act", or other laws against corruption and bribery who 
19 
shall violate or circumvent any provisions of this Act shall, upon conviction, suffer 
20 
the maximum penalty for such offense as provided under this Act. 
67 
_I 


-------.---
, , 
1 
CHAPTERS 
2 
FUNDING 
3 
SEC. 128. Funding. -
In addition to its annual budget under the General 
4 
Appropri~tions Act, the Commission is hereby authorized to 'retain and use fifty 
5 
percent (50%) of its income derived from collection of immigration fees, fines, 
6 
.penalties and charges to pay hazard pay, subsistence allowance and other monetary 
7 
benefits at rates fixed by the Commissioner and for maintenance and other operating 
8 
expenses, intelligence and law enforcement, information and communication 
9 
technology infrastructure, transportation facilities and other capital outlay 
10 
expenditures. The Commission is likewise hereby authorized to retain and use its 
11 
income in excess of the prescribed collection target. 
12 
CHAPTER 9 
13 
SEC. 129. 
Staffing Pattern and Salary Schedule. - To carry out the 
14 
provisions of this Act, the Commissioner shall submit a new staffing pattern and 
15 
salary schedule for personnel services to the Secretary of the Department of Budget 
16 
and Management for approval, which shall be in accordance with the Salary 
17 
Standardization Law and other applicable laws under the National Compensation 
18 
and Classification Plan. 
19 
SEC. 130. Reorganization of the Commission. -
Upon approval of this Act, 
20 
all employees of the Bureau of Immigration covered by the civil service law and 
21 
regulatiohs shall continue to hold their 
present positions pending the 
22 
reorganJation of the Commission in accordance with the new staffing pattern: 
23 
Provided, That the salaries, wages, allowances and other benefits of incumbent 
68 


1 
officers and employees of the Commission shall not be subject to diminution: 
2 
Provided, further, -That in the event that the positions are abolished in accordance 
3 
with the reorganization, the affected employees shall be retained. Provided, finally, 
4 
That employees who have been dismissed for cause shall no longer qualify for any 
5 
position in the Commission. 
6 
SEC. 131. Inventory and Transfer of Properties, Accounts, Assets, Liabilities 
7 
and Obligations to the Commission. -
All buildings, properties, equipment, 
8 
facilities, accounts, other assets, liabilities and other obligations as well as records of 
9 
the Bureau of Immigration shall be properly inventoried and transferred to the 
10 
Commission. 
11 
SEC. 132. 
Treaty or Agreement. - Any treaty or agreement entered into 
12 
between the Philippines and any foreign state before the effectivity of this Act shall 
13 
remain in force and effect. 
14 
SEC. 133. Pending Cases. - Any prosecution, suit, action, proceeding, or any 
15 
act or matter, civil or criminal, pending at the time of the effectivity of this Act shall 
16 
not be affected by the provision of this Act unless otherwise applicable. 
I 
. 
17 
18 
CHAPTER 10 
19 
ADMINISTRATION AND IMPLEMENTATION 
20 
SEC. 134: Administration and Implementation Abroad. - The administration 
21 
and implementation of this Act abroad, including the rules and regulations as well 
22 
as policies arising from it shall be the responsibility of the Department of Foreign 
23 
Affairs through Philippine diplomatic and consular establishments. 
24 
69 


1 
SEC. 135. Implementing Rules and Regulations. -
The Commission, upon 
2 
consultation with the Department of Foreign Affairs and other concerned 
3 
government agencies or offices and subject to the approval by the Secretary, shall 
4 
promulgate the rules and regulations for the implementation of this Act within one 
5 
hundred twenty (120) days from its effectivity. 
6 
7 
CHAPTER 11 
8 
FINAL PROVISIONS 
9 
SEC. 136. Separability Clause. - If any of the provisions of this Act is held 
10 
invalid or unconstitutional the other provisions not affected thereby shall continue to 
11 
be in force and effect. 
12 
13 
SEt. 137. 
Repealing Clauses. - (a) Commonwealth Act No. 613, otherwise 
14 
known as the Philippine Immigration Act of 1940, as amended, is hereby repealed; 
15 
(b) All laws, presidential decrees, executive orders, proclamations, memorandum 
16 
orders, instructions, rules and regulations or parts thereof inconsistent with this Act 
17 
are hereby amended or modified accordingly. 
18 
SEC. 138. Effectivity Clause. -
This Act shall take effect fifteen (15) days 
19 
after its complete publication in the Official Gazette or in two (2) newspapers of 
20 
general circulation. 
21 
Approved, 
70