NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES
First Regular Session
)
SENATE 
S.B. No. 743
^ Senate
*22 JUL 18 P5 -08
RHCEIV£D8'
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 NONIMMIGRANT 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 
Bi has issued 185,099 SWPs in 2018 alone.2 Thus, it appears that there is a 
disproportionate number of SWPs issued by the BI 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 Coi nmonwealth Act Nc. 613, as amended (Philippine Immigration Act or 
BI Charter), relied upon by the Bureau as legal bases for its authority, do not give the 
BI clear authority to issue a work permit.6 Section 9(a) merely authorizes the BI 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 BI 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 of Php5,000. In the mean time, during the deliberations of 
the proposed 2019 budget of the Bureau, the BI was unable to provide a clear answer 
when it was asked regarding the process for the issuance of SWPs.
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, 
especially prior to 2020, when COVID-19 pandemic hit. In 2018, BI even 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 and willing to do the job for which the 
foreigner is being hired, after conducting the appropriate labor market test, as 
necessary;
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;
4 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 BI 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 BI 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: 
Ju|y 
16, 
2022).


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 
duration 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.
Indeed, the passage of this bill is even more important now as the government 
seeks to provide local employment to our citizens and as our economy recovers from 
the pandemic. Recently, it was reported that Philippine Offshore Gaming Operators, 
one of the top employers of foreigners working with only a special work permit from 
Bl, is making a comeback8. Our experience in the past has clearly shown us the 
detrimental effect of allowing the proliferation of foreign workers in the country (e.g., 
lost jobs for Filipinos, rising criminality in certain industries with high number of foreign 
workers, etc.), without the appropriate labor market test.
Thus, the immediate passage of this bill is thus earnestly sought.
SENATOR J0EL VILLANUEVA
June 28, 2022. “Slowly but surely, POGOs coming back online in PH.” Inquirer.Net. Retrieved from: 
https://business.inquirer.net/351562/slowly-but-surely-pogos-coming-back-online-in-ph (date last accessed: July 17, 2022).


1^1 Senate
of ilje
NINETEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE
743
•22 JUL18 P5--08
ftl-CElVcD &7‘.
S. B. NO
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 NONIMMIGRANT 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 the 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 BE


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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 NECESSARY
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/SHE is to be engaged, the wages and other compensation 
which he/SHE 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 NON 
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 Non-quota 
Immigrant” shall be understood to refer only to section twenty-one of the 
same Act.
XXX


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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 DURATION 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 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 FORA PRE­
ARRANGED EMPLOYMENT VISA UNDER SECTION 9(G) OF THIS ACT -
30.00


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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 WITHOUTA VALID WORK VISAAS 
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 (Php500,000.00) TO FIVE MILLION 
PESOS (Php5,000,000.00), and imprisoned for not more than two (2) 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 (DOLE), other appropriate government 
agencies, and other relevant stakeholders, shall formulate the necessary rules and 
regulations to implement the provisions of this Act. All agencies that are authorized 
under existing laws to issue a work permit or a license of similar import shall be 
coordinated with DOLE for proper certification and recordkeeping.
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 Clause. - This Act shall take effect after fifteen (15) days 
from its publication in the Official Gazette or in at least two (2) newspapers of general 
circulation.
Approved,