EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES
First Regular Session
SENATE
s. B. NO. 857
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*19 AUG -5 P5:l3
RECfcIVi li uV.
Introduced by SENATOR JOEL VILLANUEVA
AN ACT
REQUIRING ALL FOREIGN NATIONALS WHO INTEND TO 
WORK IN THE PHILIPPINES TO PRESENT AN EMPLOYMENT 
PERMIT PRIOR TO THE ISSUANCE OF NON-IMMIGRANT VISA 
OR TEMPORARY ADMISSION TO THE PHILIPPINES, 
AMENDING FOR THE PURPOSE COMMONWEALTH ACT NO. 
613, AS AMENDED, OTHERWISE KNOWN AS THE PHILIPPINE
IMMIGRATION ACT OF 1940
EXPLANATORY NOTE
The Philippine Constitution provides that the State shall develop a self- 
reliant economy effectively controlled by Filipinos (Article 2, Section 19). It 
also provides that the State shall promote the preferential use of labor and 
adopt measures to help them become competitive (Article 12, Section 12).
Consistent with these policies, Article 40 of the Philippine Labor Code 
requires any foreign worker seeking admission for purposes of employment in 
the Philippines to secure an alien employment permit (AEP) from the 
Department of Labor and Employment. The AEP can only be issued after a 
determination that there are no Filipinos capable, able and willing to do the job 
for which the foreigner is being hired.
Meanwhile, in order to expedite the issuance of permits to foreigners 
who intend to work in the Philippines for less than six months, the Bureau of 
Immigration (Bureau or Bl) issued AFFJr.-No.05-009 which exempted 
foreigners from getting an AEP if they will only work in the Philippines for a 
period less than six months. In this case, they shall only be required to secure 
a special working permit (SWP) from the Bureau. Compared to the issuance 
of AEP, the process of getting an SWP is less stringent.


According to DOLE, it has issued 115,652 AEPs from 2015 to 2017,1 
while the Bl has issued 185,099 SWPs in 2018 alone.2 Thus, it appears that 
there is a disproportionate number of SWPs issued by the Bl compared to the 
number of AEPs issued by the DOLE.
This is especially alarming considering that the Bureau’s authority to 
issue work permits appears questionable. Section 9(a),3 Section 42(a)(32),4 
and Section 42(a)(33)5 of Commonwealth Act No. 613, as amended 
(Philippine Immigration Act or Bl Charter), relied upon by the Bureau as legal 
basis for its authority, do not give the Bl clear authority to issue a work 
permit.6 Section 9(a) merely authorizes the Bl to issue visa to foreigners who 
will come to the country for “business or for pleasure or for reasons of health,” 
while Section 42 merely allows the Bl to collect fees.
This anomaly is even aggravated by the fact that in 2018, we 
discovered that the Bureau’s satellite office in SM Aura issues SWPs in one 
day, upon payment of an additional un-receipted fee Php5,000. In the mean 
time, during the deliberations of the proposed 2019 budget of the Bureau, 
when the Bl was asked the process for the issuance of SWPs, it was unable 
to provide a clear answer.
These questionable practices have resulted in the increasing number 
of foreign workers in the country, some of whom were found to be illegally 
working here. In 2018, Bl arrested close to 800 foreign nationals and deported 
611 foreign nationals illegally working in the country.7
This bill seeks to amend the Philippine Immigration Act to clarify the 
authority of the Bureau to issue work-related visa, permits and other visa 
issued to temporary visitors coming for business or those temporarily admitted 
to the Philippines. Towards this end, it clarifies that:
1) A temporary visitor admitted under Section 9(a) shall not be allowed to 
engage in activities or render services whether in an employment 
arrangement or otherwise, without an alien employment permit or a 
certification from the DOLE that there is no other Filipino capable, able
1 October 1, 2018. Response letter from the Department of Labor and Employment to the Office of Senator Joel 
Villanueva on the request for the official number of foreign nationals with AEP.
2 December 11, 2018 Response letter from the Bureau of Immigration to the Office of Senator Joel Villanueva on 
SWPs issued to Foreign Nationals
3 Sec. 9. Aliens departing from any place outside the Philippines, who are otherwise admissible and who qualify 
within one of the following categories, may be admitted as nonimmigrants:
|a) A temporary visitor coming for business or for pleasure or for reasons of health;
2 Sec 42 (a) In addition to the documentary stamp required by existing law, there shall be collected and paid into 
the Philippine Treasury the following fees for services, as indicated, for aliens seeking to enter or remain in the 
Philippines under the provisions of this Act;
(32) Waiver of objection of exclusion under Section 29(b) -100.00
5 (33) Petition for permit to work -  30 00
6 Bl Operation Order No. JHM-2018-011 cited Section 9 and Section 42(a)(32) as basis for Bl's authority to issue 
work permits, while the draft Clarificatory Joint Guidelines of DOLE and Bl on the Issuance of work permits cited 
Section 42(a)(33).
7 February 5, 2019 ;74% of foreigners arrested in 2018 from China —  Immigration". Philstar Global. Retrieved from;
https;//www philstar.com/headlines/2019/02/05/1890978/74-foreigners-arrested-2018-china-immigration. (Date last 
accessed; 
25 
July 
2019)


and willing to do the job for which the foreigner is being hired, after 
conducting the appropriate labor market test, as appropriate;
2) An applicant for a pre-arranged employment visa must provide an AEP 
issued by the DOLE before such visa is issued by the Bureau;
3) All foreign nationals who intend to work in the Philippines, regardless of 
the period of employment, must secure an AEP from the DOLE or a 
certification that there is no other Filipino capable, able and willing to 
do the job for which the foreigner is being hired before he/she can be 
issued a non-quota immigration visa;
4) A foreigner applying for temporary admission under Section 29(b) of 
the Bl Charter, who desires to engage in gainful employment in the 
Philippines must secure an AEP from the DOLE or a certification that 
there is no other Filipino capable, able and willing to do the job for 
which the foreigner is being hired before he/she can be temporarily 
admitted in the country;
5) The “Petition for Permit to Work” referred to in Section 42(a)(33) of the 
Bl Charter is issued only in relation to an application for a pre-arranged 
employment visa under Section 9(g) of the Bl Charter; and
6) A foreign national who is working in the Philippines without a valid work 
visa shall be punished with a fine ranging from Php500,000 to Php5 
Million, in addition to imprisonment of not more than two years and 
deportation, if he is an alien.
The immediate passage of this bill is earnestly sought.
SENATOR JOEL VI
VILLANUEVA


EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES
First Regular Session
o( tb f f r f t r f t n i ?
SENATE
s. BrNo857
•19 AUG-5 P5-.13
R E C E IV tu ii'i
Introduced by SENATOR JOEL VILLANUEVA
AN ACT
REQUIRING ALL FOREIGN NATIONALS WHO INTEND TO WORK IN 
THE PHILIPPINES TO PRESENT AN EMPLOYMENT PERMIT PRIOR 
TO THE ISSUANCE OF NON-IMMIGRANT VISA OR TEMPORARY 
ADMISSION TO THE PHILIPPINES, AMENDING FOR THE PURPOSE 
COMMONWEALTH ACT NO. 613, AS AMENDED, OTHERWISE 
KNOWN AS THE PHILIPPINE IMMIGRATION ACT OF 1940
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Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
SECTION 1. Declaration of Policy. -  The Philippine Constitution provides 
that the State shall promote the preferential use of Filipino labor, domestic 
materials and locally produced goods, and adopt measures that help make 
them competitive. It also provides that the State shall develop a self-reliant 
and independent national economy effectively controlled by Filipinos.
Pursuant to this, the State shall ensure that capable, able and willing Filipino 
workers are not deprived of job opportunities in the Philippines through 
efficient and transparent enforcement of regulations on the entry and 
employment of foreign nationals in the country.
SEC. 2. Section 9(a) of Commonwealth Act No. 613, as amended, otherwise 
known as the Philippine Immigration Act of 1940, is hereby further amended 
to read as follows:
Sec. 9. Aliens departing from any place outside the Philippines, who are 
otherwise admissible and who qualify within one of the following 
categories, may be admitted as nonimmigrants;
(a) A temporary visitor coming for business or for pleasure or for reasons 
of health; PROVIDED, THAT NO SUCH TEMPORARY VISITOR SHALL


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BE ALLOWED TO ENGAGE IN ACTIVITIES OR RENDER SERVICES 
WHETHER IN AN EMPLOYMENT ARRANGEMENT OR OTHERWISE, 
WITHOUT AN ALIEN EMPLOYMENT PERMIT OR A CERTIFICATION 
FROM THE DEPARTMENT OF LABOR AND EMPLOYMENT THAT 
THERE IS NO OTHER FILIPINO CAPABLE, ABLE AND WILLING TO 
DO THE JOB FOR WHICH THE FOREIGNER IS BEING HIRED, 
AFTER CONDUCTING THE APPROPRIATE LABOR MARKET TEST, 
AS APPROPRIATE.
SEC. 3. Section 20 of the Philippine Immigration Act of 1940, as amended, is
hereby further amended to read as follows:
SEC. 20. In case of prearranged employment.
A passport visa for nonimmigrant referred to in Section Nine (g) of this 
Act who is coming to prearranged employment shall not be issued by 
a consular officer until the consular officer shall have received 
authorization for the issuance of the visa. Such authorization shall be 
given only on petition filed with the Commissioner of Immigration 
establishing that no person can be found in the Philippines willing and 
competent to perform the labor or service for which the nonimmigrant 
is desired AS DETERMINED BY THE DEPARTMENT OF LABOR 
AND EMPLOYMENT (DOLE) and that the nonimmigrant’s admission 
would be beneficial to the public interest. The petition shall be made 
under oath, in the form and manner prescribed by regulations, by the 
prospective employer or his representative.
Filing of petition under oath. -  The petition shall state fully the 
nature of the labor or service for which the nonimmigrant is desired, 
the probable length of time for which he is to be engaged, the wages 
and other compensation which he is to receive, the reasons why a 
person in the Philippines cannot be engaged to perform the labor or 
service for which the nonimmigrant is desired and why the 
nonimmigrant’s admission would be beneficial to the public interest.
Accompanying documents. -  The petition shall be accompanied by 
a certified copy of any written contract or agreement entered into for 
the immigrant’s service and shall contain such additional information 
as may be deemed material. Substantiation of all the allegations made 
in the petition shall be required and the allegations that no person can 
be found in the Philippines willing and competent to perform the labor 
or service for which the nonimmigrant is desired and that the 
nonimmigrant’s admission would be beneficial to the public interest 
shall be established beyond doubt by convincing and satisfactory 
evidence, PROVIDED THAT, IN ALL CASES, THE PETITION SHALL 
BE SUPPORTED BY AN ALIEN EMPLOYMENT PERMIT ISSUED BY 
THE 
DEPARTMENT 
OF 
LABOR 
AND 
EMPLOYMENT 
IN 
ACCORDANCE WITH THE REQUIREMENTS OF PRESIDENTIAL 
DECREE NO. 442, AS AMENDED. The title “Immigration Visas for


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Non-quota Immigrant" shall be understood to refer only to section 
twenty-one of the same Act.
XXX
SEC. 4, A new Section 20-A shall be inserted as follows:
SEC. 20-A. IN ALL CASES, THE COMMISIONER OR ANY OF ITS 
AUTHORIZED 
REPRESENTATIVES 
SHALL 
REQUIRE 
ANY 
FOREIGN NATIONAL WHO INTEND TO ENGAGE IN GAINFUL 
EMPLOYMENT IN THE PHILIPPINES, REGARDLESS OF THE 
PERIOD 
OF 
EMPLOYMENT, 
TO 
SECURE 
AN 
ALIEN 
EMPLOYMENT PERMIT OR A CERTIFICATION FROM THE 
DEPARTMENT OF LABOR AND EMPLOYMENT THAT THERE IS 
NO OTHER FILIPINO CAPABLE, ABLE AND WILLING TO DO THE 
JOB FOR WHICH THE FOREIGNER IS BEING HIRED BEFORE 
ISSUING A NON-QUOTA IMMIGRATION VISA IN ACCORDANCE 
WITH THIS ACT.
SEC. 5. Section 29 (b)(2) of the Philippine Immigration Act of 1940, as 
amended, is hereby further amended to read as follows:
Sec. 29.
XXX
(b) Notwithstanding the provisions of this Section, the Commissioner of 
Immigration, in his discretion, may permit to enter any alien properly 
documented, who is subject to exclusion under this section, but who is:
1. An alien lawfully resident in the Philippines who is returning from a 
temporary visit abroad;
2. An alien applying for temporary admission; PROVIDED, THAT AN 
ALIEN 
APPLYING 
FOR 
TEMPORARY ADMISSION 
FOR 
THE 
PURPOSES OF GAINFUL EMPLOYMENT SHALL SECURE AN ALIEN 
EMPLOYMENT 
PERMIT 
OR 
A 
CERTIFICATION 
FROM 
THE 
DEPARTMENT OF LABOR AND EMPLOYMENT THAT THERE IS NO 
OTHER FILIPINO CAPABLE, ABLE AND WILLING TO DO THE JOB 
FOR 
WHICH 
THE 
FOREIGNER 
IS 
BEING 
HIRED 
AFTER 
CONDUCTING A LABOR MARKET TEST, BEFORE THE ALIEN IS 
GRANTED TEMPORARY ADMISSION BY THE COMMISSIONER OF 
IMMIGRATION.
SEC. 6. Section 42(a)(33) of the Philippine Immigration Act of 1940, as 
amended, is hereby further amended to read as follows:
Sec. 42. (a) In addition to the documentary stamp required by existing 
law, there shall be collected and paid into the Philippine Treasury the


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following fees for services, as indicated, for aliens seeking to enter or 
remain in the Philippines under the provisions of this Act:
XXX
33. Petition for permit to work IN RELATION TO AN APPLICATION FOR 
A PRE-ARRANGED EMPLOYMENT VISA UNDER SECTION 9(G) OF 
THIS ACT - 30.00
SEC. 7. Section 45 of the Philippine Immigration Act of 1940, as amended, is 
hereby further amended to read as follows;
Sec. 45. Any individual who:
(a) When applying for an immigration document, impersonates another 
individual, or falsely appears in the name of deceased individual, or 
evades the immigration laws by appearing under an assumed or fictitious 
name; or
XXX
(h) IS WORKING IN THE PHILIPPINES WITHOUT A VALID WORK 
VISA AS REQUIRED UNDER THIS ACT;
(I) Attempts or conspires with one another to commit any of the foregoing 
acts, shall be guilty of an offense, and upon conviction thereof, shall be 
fined [not more than one thousand pesos] IN AN AMOUNT RANGING 
FROM FIVE HUNDRED THOUSAND PESOS TO FIVE MILLION 
PESOS, and imprisoned for not more than two years, and deported if he 
is an alien.
SEC. 8. Implementing Rules and Regulations. -  Within ninety (90) days 
from the effectivity of this Act, the Bureau of Immigration, in coordination with 
the Department of Labor and Employment, other appropriate government 
agencies, and other relevant stakeholders, shall formulate the necessary rules 
and regulations to implement the provisions of this Act.
SEC. 9. Separability Clause. -  If any provision of this Act or any part thereof 
shall be declared unconstitutional or invalid, the other provisions, as far as 
they are separable, shall remain in force and effect.
SEC. 10. Repealing Clause. -  All laws, orders and issuances, rules and 
regulations and/or parts thereof inconsistent with the provisions of this Act are 
hereby repealed or modified accordingly.
SEC. 11. Effectivity. -  This Act shall take effect after fifteen (15) days from its 
publication in the Official Gazette or in two (2) newspapers of general 
circulation.
Approved,