TWENTIETH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES
First Regular Session
JliL -9 n3 57
SENATE
Senate Bill No. 296
Introduced by SENATOR JUAN MIGUEL F. ZUBIRI
PHILIPPINE IMMIGRATION ACT
EXPLANATORY NOTE
For a developing nation that counts migrant workers as one of its most valuable 
exports; whose coastal territories are time and again questioned if not threatened 
by foreign powers; that holds huge potential for foreign investments, immigration 
affairs can but be one of the most pressing national concerns.
In an increasingly globalized age, where borders are made porous by technological 
advancements and where economies live and die by the politics of international 
relations, it is imperative that the State strengthen its immigration policies for the 
protection and growth of the nation and its citizens.
To this end, this bill seeks to institutionalize protections for the nation's sovereignty, 
territory, security, interest, and right to self-determination, as it participates and 
carves a space for itself on the global stage. To administer and implement this bill, 
there shall be created a Commission on Immigration. The Commission shall branch 
out into Regional Immigration Offices that are accessible to all citizens in all corners 
of the Philippines.
As an improvement on the State's current border control regulations, the 
Commission will introduce a visa requirement from foreigners wishing to enter 
Philippine territory as non-immigrants. It will also set a quota on immigrant 
foreigners entering the country. The Commission shall also be responsible for the 
evaluation and granting of refugee status to persons fleeing their home nations 
for protection on Philippine shores.
By elevating the State's immigration measures, the Philippines will establish itself 
as a competent, formidable force in the international scene, and in doing so will 
invite foreign respect and confidence, opening lucrative global opportunities for 
the nation.
In view of the foregoing, approval of this bill is urgently sought.
MIGUEL F. ZUBIRI


TWENTIETH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES
First Regular Session
o -c;
SENATE
S.B. No. —296
Introduced by Senator Juan Miguel F. Zubiri
PHILIPPINE IMMIGRATION ACT
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
TITLE I
GENERAL PROVISIONS
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SECTION 1. Title of the Act. - This Act shall be known as the "Philippine
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Immigration Act."
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SEC. 2. Declaration of Policy. - In relation to other states, the Philippines shall
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give paramount consideration to national sovereignty, territorial integrity, national
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security, national interest, and the right to self-discrimination, as it adheres to the policy
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of peace, cooperation and amity with all nations. Toward this end, Philippine immigration
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policies, rules and regulations under this Act shall be applied and administered in the
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promotion of domestic and international interests of the Philippines, in recognition of:
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(a) The admission of foreign nationals for the purpose of enhancing capital
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investments, trade and commerce, cultural exchanges and other forms of
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friendly relations and cooperation;
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(b)The need for increased technological and scientific development;
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(c) Promotion of conditions for social welfare and economic security of the people;
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(d) Compliance with obligations and standards set by international law in the
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admission or exclusion of foreign nationals;
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(e) Promoting international order and justice by denying the use of Philippine
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territory to persons who are engaged or likely to engage in terrorism, human
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smuggling and trafficking, criminal and other nefarious activities;


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(f) Modernization of structures and mechanisms necessary for the administration
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of immigration laws in keeping with the changing demands of the country's
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role in the global community; and
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(g) Professionalization of the immigration service by instituting a rigid system of
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screening and selection of immigration officials and employees and promoting
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their development.
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SEC. 3. Definition of Terms. - As used in this Act, the following terms are
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defined as follows:
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(a) "Admission" refers to the process by which a foreigner arriving at a port of
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entry in the Philippines is allowed into the country by the immigration
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authorities;
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(b) "Board" refers to the Board of Commissioners;
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(c) "Border Control Officer" refers to any person tasked to man the border control
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station as provided under Section 26 of this Act;
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(d)"Captain" refers to the master of a vessel or pilot of an aircraft;
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(e) "Child" refers to a person below eighteen (18) years of age;
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(0 "Citizen" refers to any person who is a citizen of the Philippines under Section
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1, Article IV of the Constitution of the Republic of the Philippines;
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(g) "Commission" refers to the Commission on Immigration;
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(h)"Commissioner" and "Deputy Commissioner" refer to the Commissioner of
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Immigration and the Deputy Commissioner of Immigration, respectively;
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(i) "Commitment Order" refers to an order issued by the Commissioner under
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Section 7 (c) (2) of this Act that directs the detention of a foreigner after it has
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been determined that a probable cause exists that he/she committed acts
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and/or omissions in violation of Philippine immigration laws, rules and
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regulations, or during the pendency of deportation case against such foreigner:
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Provided, That such detention shall not exceed three (3) months, unless there
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exists other legal grounds for continued detention;
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(j) "Consular officer" refers to any consular, diplomatic, or other officer of the
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Government of the Philippines who has been duly granted a consular
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commission for the purpose of issuing visas under this Act;
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(k) "Entry" refers to the arrival of a foreigner into any designated port of entry in
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the Philippines from a place outside thereof. A foreigner having a lawful
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permanent residence in the Philippines shall not be regarded as making an


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entry for the purpose of this Act if such foreigner proves that his/her departure 
to a place outside the Philippines was for a temporary or limited period, or 
his/her continued absence form the Philippines was occasioned by deportation 
proceedings, extradition, or other legal process;
(l) "Exclusion" refers to the act of Immigration Officers denying admission of a 
foreigner into the country on grounds provided for in this Act;
(m) 
"Foreigner" or "Foreign National" refers to any person not a citizen of the 
Philippines;
(n) "Foundling" refers to a deserted or abandoned infant or child whose parents, 
guardian or relatives are unknown; or a child committed to an orphanage or 
charitable or similar institution with unknown facts of birth and parentage and 
registered in the Civil Registrar as a "foundling";
(o) "Hold Departure Order" refers to (1) a directive that commands the 
Commissioner to prevent a foreigner from leaving the territorial jurisdiction of 
the Philippines in cases of grant of bail and recognizance pending 
implementation of Summary Deportation Order, or (2) an order implementing 
a directive from the President, the Senate, the Flouse of Representatives, the 
Department of Justice (DOJ), Regional Trial Courts, Sandiganbayan, and 
appellate courts to prevent a person from leaving the Philippines to any place 
outside thereof;
(p) "Flusband" and/or "Wife" refer(s) to those regarded as such by the laws of the 
country of which they are nationals but shall not include husband or wife by 
reason of proxy or "picture marriage";
(q) "Immigrant" refers to any foreign national departing from any place outside 
the Philippines destined for the Philippines, other than a non-immigrant;
(r) "Immigration laws" refers to this Act and any other law presently existing or 
which may hereafter be enacted relating to movement of natural persons to 
and from the Philippines, and their exclusion, interception, deportation and 
repatriation;
(s) "Immigration Officer" refers to any person appointed under Section 28 of this 
Act or any employee of the Commission designated by the Commissioner to 
perform the powers, duties and functions of an Immigration Officer as specified 
under this Act;
(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;


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(u) "Non-immigrant" refers to any foreigner departing from any place outside the 
Philippines who is allowed entry and admission into the Philippines for a 
temporary or limited period of stay;
(v) "Non-refoulement" refers to a principle of international law which prohibits the 
forced return of a refugee to the state or territory where his/her life or liberty 
would be threatened;
(w) 
"Passport" refers to a document issued by the Philippine government to its 
citizens requesting other governments to allow its citizens to pass safely and 
freely, and in case of need to give him all lawful aid and protection;
(x) "Person" refers to a natural and juridical person such as partnerships, 
corporations, companies, and associations;
(y) "Port of entry" refers to any port designated by competent authority in 
accordance with law through which a foreigner may apply to the Immigration 
Officer thereat for admission into the Philippines;
(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 unable, or owing to such fear, is unwilling to avail of the protection of 
that country; or who, not having a nationality and being outside the country of 
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";
(ff)"Vessel" refers to all means of conveyances, whether aircraft or sea craft;
(gg) "Visa" refers to an endorsement on a passport or any travel document 
issued by a Consular Officer abroad authorizing the holder thereof to proceed


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to a designated port of entry in the Philippines and there to apply for entry and 
admission under the status specified therein; or immigration status granted 
and/or issued to foreigners by the Commissioner or the Board under this Act; 
and
(hh) "Watchlist Order" refers to an order issued by the Commissioner under 
Section 7 (c) (4) of this Act that requires immigration personnel to monitor 
and/or prevent the departure of any person for a period of fifteen (15) days, 
extendible for another fifteen (15) days, and to notify concerned government 
or law enforcement agencies, where his/her presence is required in criminal or 
legislative proceedings or he/she poses or may pose a threat to national 
security, public health or public safety.
TITLE II
COMMISSION ON IMMIGRATION
CHAPTER 1 
THE COMMISSION
SEC. 4. Creation. -The Commission on Immigration is hereby created. It shall 
be principally responsible for the administration and enforcement of this Act, and the 
implementation of all laws, rules, regulations or orders of any competent authority 
concerning the entry and admission into, stay in, and departure from the Philippines of 
all persons. The Commission shall be under the general supervision of the Office of the 
President.
SEC. 5. Composition and Qualification. - The Commission shall be 
administered by the Board headed by the Commissioner as Chairperson, and four (4) 
Deputy Commissioners as members, all of whom shall be natural-born citizens of the 
Philippines and, at the time of their appointment, at least thirty-five (35) years of age, 
holders of a college degree and with proven capacity for administration: Provided, That 
the majority or three (3) members including the Chairperson of the Commission shall be 
members of the Philippine Bar in good standing for at least five (5) years.
CHAPTER 2


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THE COMMISSIONER
SEC. 6. Appointment and Rank of the Commissioner. -The Commissioner 
shall be appointed by the President and shall have the same rank, salary, and privileges 
of an Undersecretary of a Department
SEC. 7. Powers and Functions of the Commissioner. - In addition to the 
duties as Chairperson of the Board, the Commissioner shall exercise the following powers 
and functions:
(a) Supervise, direct and coordinate the overall operations of the Commission;
(b) Appoint, and exercise control and supervision over the officers and personnel 
of the Commission, subject to existing civil service laws, rules and regulations;
(c) Issue, (1) letter orders after determination of the existence of probable cause; 
(2) commitment or release orders; (3) warrant of deportation; (4) watchlist 
orders; (5) hold departure orders; (6) allow entry or departure orders; (7) 
blacklist orders; and (8) orders implementing watchlist orders issued by the 
Department of Justice;
(d) Delegate authority to subordinate officers and employees of the Commission, 
except with regard to powers and functions enumerated in the immediately 
preceding paragraph, which may be delegated only to the Deputy 
Commissioners;
(e) Act on applications for issuance and revocation of immigrant visas;
(f) Act on petitions for declaration of indigency;
(g) Declare such control posts, landing places, airports or ports as points of entry 
or exit, whether limited or unlimited;
(h) Increase, reduce or waive immigration fees, fines, penalties and other charges;
(i) Participate as member of the Special Committee on Naturalization pursuant to 
Section 6 of Republic Act No. 9139 otherwise known as "The Administrative 
Naturalization Law of 2000";
(j) Act on applications for retention or reacquisition of citizenship under Republic 
Act No. 9225 otherwise known as "Citizenship Retention and Re-acquisition Act 
of 2003";
(k) Issue Certificate of Identification to foreigners who have obtained Filipino 
citizenship;


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(l) Issue letter orders and permits to carry firearms, ammunition and 
communications equipment to authorized immigration operatives for use in 
enforcement operations and in the execution of warrants: Provided, That such 
firearms and ammunition are owned and issued by the Commission;
(m) 
Inspect the documents, premises and records of persons covered by this 
Act;
(n) Deputize any official or employee of the national government and local 
government units, including uniformed personnel of the Armed Forces of the 
Philippines, the Philippine National Police and the Philippine Coast Guard to 
perform immigration duties and functions subject to the concurrence of the 
Board;
(o) Authorize and prescribe the forms and the amount of cash bonds for the 
provisional release of respondents in deportation proceedings;
(p) Impose reasonable fines and penalties for violation of immigration and alien 
registration laws in accordance with this Act and the guidelines adopted by the 
Commission;
(q) Provide an express lane for the rendition of services upon payment of 
prescribed fees by airlines/shipping companies or other persons served and to 
deposit in a government-authorized depository bank all such fees received 
under a trust fund that may be made available for the payment of allowances 
to employees of the Commission, subject to existing accounting and auditing 
rules and regulations;
(r) Accept donation of materials, equipment or technical services from any foreign 
government, international or domestic organization, to upgrade the efficiency 
and operations of the Commission;
(s) Submit to the President and Congress, annually or as may be directed, a report 
on the: (1) number and status of foreigners in the Philippines; (2) foreigners 
admitted or granted change of status as permanent residents; (3) foreigners 
who have been excluded or deported from the Philippines; (4) estimated 
number of illegal foreigners in the Philippines in each calendar year and actions 
taken to arrest them, by nationality grouping, for each region in the Philippines; 
and (5) such other transactions of the Commission;
(t) Prepare and submit supplemental budget of the Commission for the 
consideration of the Department of Budget and Management;
(u) Prescribe such rules, regulations or other administrative issuances to carry out 
the provisions of this Act;


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(v) Prescribe the appropriate forms, bonds, reports, entries and other papers in 
accordance with this Act;
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Perform such other functions inherent to the Commission; and
(x) Act on applications for recognition of Philippine citizenship on foundlings.
CHAPTER 3
THE DEPUTY COMMISSIONERS
SEC. 8. Appointment and Rank of Deputy Commissioners. - There shall be 
four (4) Deputy Commissioners who shall be appointed by the President. They shall have 
the same rank, salary and privileges of an Assistant Secretary of a Department. Provided, 
that a plantilla for one (1) Deputy Commissioner shall be created which shall be occupied 
by a career officer from the Commission.
SEC. 9. Duties of Deputy Commissioners. - In addition to their duties as 
members of the Board, the Deputy Commissioners shall exercise additional powers, 
subject to the approval of and as may be assigned by the Board, in the following areas 
of concern as:
(a) Deputy Commissioner for Administration, Finance, Planning, Legal and 
Information and Communications Technology;
(b) Deputy Commissioner for Regional Operations, Registration, Immigration 
Regulation and Visa and Special Permit;
(c) Deputy Commissioner for Intelligence, Enforcement, Fraud Prevention and 
Complaint and Prosecution; and
(d) Deputy Commissioner for International Policies, Cooperation and Social 
Integration.
CHAPTER 4
THE BOARD OF COMMISSIONERS
SEC. 10. Powers and Functions of the Board. -The Board shall have the 
following powers and functions:


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(a) Decide on deportation cases;
(b) Act on appeals on decisions promulgated by immigration hearing officers;
(c) Act on applications or recommendations for revocation of immigration status;
(d) Act on applications for recognition of Philippine citizenship by reason of birth 
or marriage;
(e) Act on applications for recognition of Philippine citizenship of foundlings;
(f) Decide on applications for legalization of residence in accordance with law;
(g) Prescribe and promulgate rules of proceedings before it;
(h) Cite and punish for contempt any person in accordance with the Rules of Court;
(i) Prepare and publish operations manual and rules of procedure, including 
schedule of fees, for all transactions entered into by the Commission with the 
public;
(j) Formulate policies, directives, programs and projects of the commission; and
(k) Perform such other powers and functions as provided by existing laws, rules 
and regulations not inconsistent with any of the provisions of this Act.
SEC. 11. Decisions of the Board. -In ail cases or proceedings before the Board, 
the decision of the majority shall prevail. Decisions of the Board shall become final and 
executory fifteen (15) days from receipt thereof. Only one (1) motion for reconsideration 
shall be filed with the Board.
Decisions in deportation cases may be appealed to the Office of the President 
within fifteen (15) days from receipt thereof, whose decision shall be final and executory 
unless stayed by an order of the Court of Appeals. The appeal shall stay the execution of 
the decision appealed from unless the Board, in the interest of national security and/or 
public safety, directs its execution pending appeal.
SEC. 12. Period for Decision by the Board. - The Board shall decide 
deportation cases within thirty (30) days from the date they are submitted for decision 
or resolution.
SEC. 13. Meetings of the Board. - In all cases, the Board shall convene and 
act as a collegial body in all matters referred to in Section 10 of this Act. The Board shall 
meet at least once a week or, if necessary, twice a week. Members of the Board shall be 
notified accordingly and the presence of the Chairperson and two (2) members shall 
constitute a quorum.


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SEC. 14. Board Secretary. -The Board shall be assisted by a Board Secretary 
who shall be appointed by the Commissioner. He/she must be a member of the Philippine 
Bar in good standing for at least three (3) years prior to his/her appointment. He/she 
shall keep a docket book for deportation cases, applications for revocation of immigration 
status, applications for recognition of Philippine citizenship by reason of birth or marriage, 
applications for legalization of residence and applications for refugee status.
CHAPTER 5
THE EXECUTIVE DIRECTOR
SEC. 15. Appointment and Tenure. -There shall be an Executive Director of 
the Commission who shall be appointed by the President, and whose term shall be co­
terminus with the Commissioner. He/she must be a natural-born citizen of the Philippines, 
at least thirty (30) years of age and a member of the Philippine Bar in good standing for 
at least five (5) years prior to his/her appointment.
SEC. 16. Powers and Duties. -The Executive Director shall:
(a) Advise and assist the Commissioner in the formulation and implementation of 
the objectives, policies, plans and programs of the Commission;
(b) Oversee all the operational activities of the Commission;
(c) Coordinate the programs and projects of the Commission and be responsible 
for its economical, efficient and effective administration;
(d) Administer oaths in connection with all matters relating to the business of the 
Commission; and
(e) Perform such other duties as may be assigned by the Commissioner.
CHAPTER 6
THE BOARDS OF SPECIAL INQUIRY
SEC. 17. Constitution of Boards of Speciai Inquiry. - There shall be 
constituted as many Boards of Special Inquiry as required in the exigency of service but 
not more than twelve (12). Each Board shall be composed of a Chairperson and two (2)
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members. The Board shall be designated according to their areas of specialization to be 
determined by the Board.
SEC. 18. Appointment and Qualification of the Chairpersons and 
Members of the Boards of Special Inquiry. -The Chairpersons and members of the 
Boards of Special Inquiry shall be appointed by the Commissioner, all of whom shall be 
natural-born citizens of the Philippines and, at the time of their appointment, at least 
thirty (30) years of age, members of the Philippine Bar in good standing, and engaged in 
the practice of law for at least three (3) years. They shall hold office during good behavior, 
unless sooner removed for cause.
SEC. 19. Powers and Functions of the Boards of Special Inquiry.
Boards of Special Inquiry shall:
The
(a) Administer oaths;
(b) Cite and punish for contempt in accordance with the Rules of Court;
(c) Issue subpoena in cases being heard by the Board of Special Inquiry;
(d) Recommend to the Board the imposition, waiver or reduction of fees, fines, 
penalties and other charges subject to existing laws, rules and regulations;
(e) Exercise exclusive original authority to hear and recommend to the Board for 
final resolution in the following cases
(1) Deportation;
(2) Applications for revocation of immigration status;
(3) Applications for recognition of Philippine citizenship by reason of birth 
or marriage;
(4) Applications for legalization of residence in accordance with law;
(5) Application for issuance of visa for stateless person; and
(f) Perform such other duties and functions as may be directed by the 
Commissioner.
SEC. 20. Proceedings before the Boards of Special Inquiry. - The
proceedings before the Boards of Special Inquiry shall be public and recorded. In all cases, 
the Boards of Special Inquiry shall meet and act as a collegial body. Only members of the 
Philippine Bar in good standing shall appear for and on behalf of any party before the 
Boards of Special Inquiry.
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SEC. 21. Resolutions of the Boards of Special Inquiry. - Cases before the 
Boards of Special Inquiry shall be resolved within five (5) working days from the date the 
same are submitted for resolution. Said resolution shall be submitted immediately to the 
Board for action.
CHAPTER 7
DIVISIONS OF THE COMMISSION
SEC. 22. Divisions and Other Operating Offices of the Commission. -The 
Commission shall have the following divisions and other operating offices, namely: (1) 
Administration; (2) Finance; (3) Information and Communications Technology; (4) 
Planning and Research; (5) International Policies and Cooperation; (6) Social Integration; 
(7) Intelligence; (8) Law Enforcement; (9) Fraud Prevention; (10) Legal; (11) 
Immigration Regulation; (12) Registration; (13) Visa and Special Permit; (14) Complaint 
and Prosecution; (15) Internal Audit office; (16) National Operations Center; and (17) 
Immigration Academy of the Philippines.
SEC. 23. Heads of the Divisions and Other Operating Offices. - Each 
Division and other operating offices shall be headed by a Director to be appointed by the 
Secretary, upon recommendation of the Commissioner; Provided, however, That 
Directors for the Division for Legal and the Division for Complaint and Prosecution shall 
be members of the Philippine Bar in good standing, and must have been engaged in the 
practice of law for at least three (3) years. The Director for Finance Division shall be a 
Certified Public Accountant in good standing for at least three (3) years.
SEC. 24. Duties and Functions of the Divisions and Other Operating 
Offices. - The different divisions and other operating offices of the Commission shall 
operate in accordance with their respective duties and functions as defined by the 
Commissioner, subject to the requirements of efficiency, economy, transparency, 
accountability and effectiveness, and pertinent budget and civil service laws, rules and 
regulations.
CHAPTER 8 
REGIONAL OFFICES
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SEC. 25. Field Offices of the Commission. - The Commission shall operate 
and maintain a Regional Immigration Office in each of the administrative regions including 
the National Capital Region.
The Regional Immigration Offices of the Commission shall each be headed by a 
Regional Immigration Officer, all of whom shall be appointed by the Secretary upon the 
commendation of the Commissioner.
SEC. 26. Border Control Schemes. -There shall be established Border Control 
Stations which shall be manned by Border Control Officers appointed by the 
Commissioner. The Border Control Stations shall be placed in specific areas in the 
Philippines which shall be determined by the Board. Their duties and responsibilities shall 
be determined by the Commissioner.
SEC. 27. Changes in the Composition, Distribution of Assignment of 
Regional Offices. - The Commissioner may make changes in the composition, 
distribution and assignment of Regional Offices, as well as its personnel, based on the 
demographics of the Philippines' foreigner population and as the exigency of the service 
requires.
SEC. 28. Immigration Officers. -The position of Immigration Officer is hereby 
created. No person shall be appointed to the position of Immigration Officer 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;
(b) Exclude foreign nationals not properly documented, and to admit foreign 
nationals complying with the applicable provisions of immigration and related 
laws;
(c) Administer oaths in connection with the performance of their duties;
(d) 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
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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 passengers not 
complying with departure requirements; and
(f) Perform such other functions as may be assigned by the Commissioner from 
time to time.
SEC. 29. Designation of Empioyees. -The Commissioner may designate, in 
accordance with civil service laws, rules and regulations, any competent and qualified 
employee of the Commission, to act as immigration officer or assign any employee to 
other offices within the Commission and/or assign him/her additional or other duties as 
the best interest or exigency of the service may require.
SEC. 30. Assignment of Employees to do Overtime Work. - The
Commissioner may assign immigration employees to do overtime work or services 
pursuant to rules and regulations to be prescribed and at the rates fixed by the 
Commissioner when the work or service to be rendered is to be paid by the airline, 
shipping companies or other persons served.
SEC. 31. Deployment of Immigration Personnel Abroad. - Within ninety 
(90) days from the effectivity of this Act, the Department of Foreign Affairs and the 
Commission shall enter into a Memorandum of Agreement pertinent to the assignment 
and deployment of immigration personnel to select consular posts abroad who shall 
perform immigration duties, except diplomatic and consular functions.
SEC. 32. Manning Levels. -On the average, the manning levels of immigration 
officers of the Commission nationwide shall be in accordance with the number of arrivals 
in each port of entry as determined by the Board: Provided, That the number of 
employees, as provided in the staffing pattern in accordance with Section 130 of the Act, 
shall not be decreased.
TITLE III 
IMMIGRATION
CHAPTER 1
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NON-IMMIGRATNS
SEC. 33. Categories of Non-immigrants and Types of Visa Issued. -
Foreign nationals departing from any place outside the Philippines who are otherwise 
admissible and who qualify under any one of the following categories may be admitted 
as non-immigrants:
(a) Temporary visitors (A Visas): Visitors coming to the Philippines for a temporary 
period for reasons of business, pleasure or health:
1. Business (A-1 visa): Temporary visitors engaged in activities of a 
commercial or professional nature for a foreign employer or for 
themselves that will not result in gainful employment in the Philippines. 
As used herein, the term "business" refers to conventions, conferences, 
consultations and other legitimate activities of a commercial or a 
professional nature, but does not include local employment or labor for 
hire;
2. Pleasure (A-2 visa): Temporary visitors who stay in the Philippines for 
holiday, including sightseeing, recreation or visiting relatives; and
3. Health (A-3 visa): Temporary visitors who stay in the Philippines to avail 
of medical treatment.
(b) Transit Persons (B Visa): Persons passing through the Philippines solely for a 
"stopover" who have a confirmed connecting flight to another country or 
passengers in immediate and continuous transit to a destination outside the 
Philippines;
(c) Crew members (C Visa): Members of the crew of vessels required for the 
normal operation and servicing of the vessels who come to the Philippines 
temporarily as part of their jobs either arriving with or coming to join the 
vessels;
(d) Treaty Traders (D-1 Visa) and Treaty Investors (D-2 Visa): Citizens and their 
family members from a country that has a trade treaty with the Philippines and 
coming to work in the Philippines for either a company they own or one that is 
at least fifty percent (50%) owned by nationals of their home country and 
which company is engaged in substantial trade between the Philippines and 
their home country shall be granted a D-1 visa.
Citizens of a country that has an investor treaty with the Philippines, and their
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family members, and coming to work in the Philippines for a business they own 
or one that is at least fifty percent (50%) owned by nationals of their home 
country and which business is supported by a substantial investment from 
nationals of their home country shall be granted a D-2 visa.
(e) Accredited Foreign Government Officials, Their Families and Attendants (E 
Visas): Foreign government officials, their families and attendants coming to 
the country for official purpose, pursuant to international conventions and 
bilateral agreements, shall be granted E Visas divided into three (3) types, 
namely;
1. Persons entitled to E-1 Visa: The E-1 Visa shall be issued to persons 
enjoying diplomatic immunities and privileges, particularly the following 
classes of foreign nationals;
a. Heads of State and Heads of Government and their personal 
representatives;
b. Members of reigning royal families recognized by the Philippine 
Government;
c. Governors-General, Governors, and High Commissioners of 
dependent territories and their personal representatives;
d. Cabinet ministers and their deputies and officials with cabinet 
rank of ministers;
e. Presiding officers of national legislative bodies;
f. Justices or judges of the highest national judicial bodies;
g. Diplomats and career consular officials;
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 are 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
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0. Such other officials going to the Philippines on diplomatic 
missions.
2. Persons entitled to E-2 Visa: The E-2 visa shall be issued to any other 
person not included in the foregoing list, who is an officer of a foreign 
government recognized by the Philippines, is a national of the country 
whose government he represents, and is proceeding to the Philippines 
in connection with official business for his/her government.
This category includes, inter alia, the members of the staff of a 
diplomatic mission or consular post, the staff of international 
organizations, and official students or participants in programs under 
the auspices of the Philippine Government or recognized international 
institutions.
The family members of the above-mentioned persons shall also be 
issued E-2 Visa.
3. Persons entitled to E-3 Visa: The E-3 Visa shall be issued to the members 
of the household, attendants, servants and employees of persons to 
whom E-1 and E-2 visas have been granted;
(f) Students (F Visa): Foreign students having means sufficient for their support 
and education in the Philippines who seek to enter the Philippines temporarily 
for the sole purpose of taking up a course of study higher than high school at 
a university/seminary, academy or college accredited for such foreign students 
by the Commission on Fligher Education in collaboration with the Commission. 
Their collaboration shall include the monitoring of the status of activities of 
such foreign students in the Philippines;
(g) Prearranged Employment (G Visa): Foreign nationals coming to the Philippines 
on prearranged employment, including their family members accompanying or 
following to join them within the period of their employment. This category 
includes intra-company transferees, professionals, performing artists, athletes, 
and cultural exchange workers under 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
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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 (I 
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 organizations" 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 Philippines authorizing such participation or making an 
appropriation for such participation and such other international organizations, 
institutions, agencies, programs, foundations and entities which are recognized 
by the government of the Republic of the Philippines, including those existing 
and already recognized as such at the time of the effectivity of this Act. The 
term "staff" includes the employees of persons to whom the E-3 visa has been 
granted;
(j) Media Workers (J Visa): Foreign media personnel or correspondents, duly 
accredited by the government agency concerned, who are bona fide 
representatives of a foreign press, radio, satellite, television, film, or other 
information media, and are coming to the Philippines solely to engage in 
gathering information principally for dissemination abroad, including their 
family members accompanying or following to join them during the period of 
the assignment in the Philippines;
(k) Exchange Visitors (K Visa): Foreign nationals entering the Philippines to teach, 
study, observe, conduct research or receive training in a specific Exchange 
visitor Program duly approved by the Philippine Government;
(l) Refugees (L-1 Visa) and Stateless Persons (L-2 Visa): Refugees as defined in 
Section 3 (z) hereof shall be issued L-1 Visa. Stateless persons, whose 
admission for humanitarian reasons and not inimical to public interest has been 
approved by the Commissioner or the President in such cases and under such 
conditions as he may prescribe, shall be issued L-2 Visa; and
(m) 
Special Non-Immigrants (M Visas): Such other foreign nationals including 
their family members who may be admitted as non-immigrants under special 
laws or foreign nationals not otherwise provided for by this Act who are coming 
for temporary periods only, and whose admission is authorized by the 
Commissioner or the President in the interest of the public or for humanitarian 
considerations and under such conditions as he may prescribe.
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SEC. 33-A. Visa Policy. - The policies governing the issuance, extension, 
renewal and conversion of visas referred to in Section 33 hereof shall be jointly formulated 
by the Commission and the Department of Foreign Affairs and, when appropriate, the 
Commission and the Department of Foreign Affairs shall consult with the concerned 
government agencies or offices relative thereto.
Any visa policy or guidelines to be implemented abroad shall be done by the 
Department of Foreign Affairs, with due notice to the Commission and other concerned 
agencies and/or offices.
SEC. 33-B. Visa Issuance Overseas. - All non-immigrant visas issued outside 
of the Philippines shail be done by Consular Officers of the Department of Foreign Affairs 
duly assigned at Philippine posts abroad. Immigrant visas, whenever issued abroad, shall 
be done by the Consular Officers upon the approval of the Commission through the 
Department of Foreign Affairs.
CHAPTER 2 
IMMIGRANTS
SEC. 34. Quota Immigrants. - Subject to conditions set forth in this Act, there 
may be admitted into the Philippines, immigrants, otherwise known as nquota immigrants, ‘ 
not to exceed two hundred (200) of any one nationality based on immigration reciprocity 
for any one calendar year and upon allotment by the Commissioner of the corresponding 
quota number. In the allotment of quota numbers, the following order of preference shail 
be observed:
(a) First Preference: Those whose service and qualification show high educational 
attainment, technical training, specialized experience, or exceptional ability in 
the sciences, arts, professions, or business as would reasonably enhance and 
contribute substantial benefits prospectively to the national economy, or 
cultural or educational interests or welfare of the Philippines, including their 
family members, accompanying or following to join them, who shall likewise 
be allotted individual quota numbers;
(b) Second Preference: Parents of a naturalized Philippine citizen;
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(c) Third Preference: Spouses or minor children of foreign nationals who are lawful 
permanent residents of the Philippines; and
(d) Fourth Preference: Parents of foreign nationals who are lawful permanent 
residents of the Philippines
SEC. 35. Allotment of Quota. -The Commissioner shall, with respect to the 
first preference, allot not more than fifty percent (50%) of the annual quota allotment up 
to the end of June each year: Provided, however. That if the fifty percent (50%) is not 
utilized by the first preference, the balance thereof shall be given to the second, third, 
and fourth preferences in accordance with Section 34 of this Act. Any unused quota 
allotment for a calendar year cannot be carried over and utilized for the ensuing calendar 
year.
SEC. 36. Basis in Determination of Quota Allotment -The nationality of an 
immigrant whose admission is subject to the numerical limitation imposed by Section 34 
of this Act shall be that of the country of which the immigrant is a national or a citizen. 
The nationality of an immigrant possessing dual nationality may be that of either of the 
two countries regarding him/her as a national or citizen if he/she applies for a visa in a 
third country. If he/she applies for a visa within one of the two countries regarding 
him/her as a national or citizen, his/her nationality shall be that of the country in which 
he/she files his/her application for a visa to enter the Philippines.
SEC. 37. Non-Quota Immigrants. -The following immigrants, known diSy'non­
quota immigrants," may be admitted without regard to numerical limitation and 
immigration reciprocity:
(a) The spouse of a Philippine citizen: Provided, however. That the abandonment 
and failure to give support by a foreign spouse to his/her Filipino spouse and 
family, legal separation, or termination of the marital status by annulment, 
declaration of nullity of marriage or divorce where the cause is attributable to 
the foreign spouse, shall constitute grounds for cancellation of the immigrant 
visa issued to the foreign spouse;
(b) A person of Filipino descent regardless of generation;
(c) A child born to a foreign mother during her temporary visit abroad, the mother 
being a lawful permanent resident of the Philippines, if accompanied by or
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coming to join the mother who applies for admission within five (5) years form 
the birth of the child;
(d) A child born subsequent to the issuance of an immigrant visa to the 
accompanying parent, the visa not having expired or revoked;
(e) A foreign national who had been previously lawfully admitted into the 
Philippines for permanent residence who is returning from a temporary visit 
abroad to an unrelinquished residence in the Philippines; and
(f) A natural-born citizen who becomes a naturalized citizen of a foreign country 
and is returning to the Philippines for permanent residence therein, including 
his/her spouse and minor children accompanying or following to Join him/her, 
except the one who has re-acquired or retained his/her Philippine citizenship 
pursuant to Republic Act No. 9225.
SEC. 38. Status of Children Born to Foreign Nationals, - (a) A child born in 
the Philippines to parents who are foreign nationals and lawful residents of the Philippines 
shall be deemed a native-born permanent resident, (b) A child born to parents who are 
both non-immigrants shall be deemed a native-born non-immigrant or temporary resident 
and may remain in the Philippines only during the period of authorized stay of the parents, 
unless he/she reaches the age of eighteen (18) years while continuously residing in the 
Philippines, in which case he/she may apply for naturalization under existing laws or for 
an appropriate visa.
CHAPTER 3
ADJUSTMENT OF STATUS
SEC. 39. Conditions for Adjustment of Status of Foreign Nationals. -The 
status of a foreign national admitted into the Philippines as non-immigrant may be 
adjusted by the Board to that of a foreigner lawfully admitted as a permanent resident if: 
(a) the foreigner makes an application for such adjustment; (b) the foreigner is eligible 
to receive a quota or non-quota immigrant visa and is admissible to the Philippines as a 
permanent resident; and (c) a quota immigrant visa, if such is the case, is immediately 
available to him/her at the time of his/her application, without the need of first departing 
form the Philippines. In all such cases, the personal appearance of the foreigner shall be 
required during the consideration of his/her application.
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SEC. 40. Effect of Approval of Application for Adjustment - Upon the 
approval of an application for adjustment of status under the preceding section, the 
Commissioner shall record the foreign national's lawful admission as a permanent resident 
as of the date of the approval of the application and shall be included as part of the quota 
for the calendar year in accordance with Section 34 of this Act.
SEC. 41. Adjustment of Status, When Not Allowed. - Adjustment of status 
under Section 39 of this Act shall not be applicable to (a) a foreign crewmember, (b) a 
foreign national who has violated or is in violation of immigration laws, rules and 
regulations unless the same is through no fault of his/her own or for purely technical 
reasons, (c) a foreign national admitted as a temporary visitor without visa, and (d) 
transients.
CHAPTER 4
DOCUMENTATION AND ADMISSION OF NON-IMMIGRANTS
SEC. 42. Documentary Requirements of Non-immigrants. - Non­
immigrants must present for admission into the Philippines valid passports issued by the 
governments of the countries to which they owe allegiance to or other travel documents 
showing their nationality and identity as prescribed by regulations and a vaiid visa granted 
by the Philippine Consular Officer, if required under existing laws, rules, regulations, or 
multi-iateral or bilateral agreements.
SEC. 43. Conditions and Period of Authorized Stay of Temporary Visitors.
-The initial period of authorized stay of a foreign national admitted as a temporary visitor 
under Section 33 of this Act shall not exceed two (2) months from the date of arrival. 
Extensions of authorized stay may be granted under terms and conditions as may be 
prescribed by the Commissioner: Provided, That the total period of authorized stay shall 
not exceed twenty-four (24) months: Provided further, That during the foreign national's 
authorized stay: (a) he/she shall not take any employment, whether paid or unpaid; (b) 
he/she shali 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.
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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 preceding 
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.
SEC. 45. Submission of Crew List and Passenger Manifest to the 
Commission. - Simultaneous to the vessel's departure from the port of origin, the 
master, captain, agent, owner or consignee of any commercial vessel arriving to the 
Philippines shall submit to the Commission, within a reasonable time prior to such arrival, 
the crew lists, passenger manifests and such other information concerning the persons 
arriving on such a vessel. In the same manner and condition, the master, captain, agent, 
owner or consignee of any commercial vessel departing from any port in the Philippines 
shall submit to the Commission, within a reasonable time prior to such departure, the 
crew list, passenger manifest and such other information concerning the persons 
departing on such vessel. The crew list of an incoming sea craft shall be duly visaed by 
the appropriate Consular Officer.
SEC. 46. Inspection of Crewmembers. - It shall be the duty of the master, 
captain, agent, owner, or consignee of any vessel arriving in the Philippines to have 
available on board, for inspection by the Immigration Officer, any foreign crewmember 
employed on such vessel and to detain such crewmember on board after inspection and 
to remove such crewmember when required by the immigration authorities. No 
crewmember on board such vessel shall be discharged while the vessel is in port without 
the permission of the Commissioner.
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SEC. 47. Permission for Temporary Landing of a Foreign Crewmember. -
A foreign crewmember on a vessel arriving in the Philippines may be permitted to land 
temporarily under such conditions as may be prescribed by the Commissioner. Ali 
expenses incurred by the Commission while the crewmember is on land shall be borne 
by the master, captain, agent, owner or consignee of the carrying vessel.
CHAPTER 5 
REFUGEE STATUS
SEC. 48. Grant of Refugee Status. - Persons seeking refugee status may apply 
for recognition as a refugee upon seeking admission at any port of entry or within a 
reasonable time thereafter. Refugee status shall be granted after a determination by the 
Board that an applicant meets the qualifications of a refugee as defined in Section 3 (z) 
hereof. Refugee status shall not be granted to an applicant if he/she:
(a) Has committed a crime against peace, a war crime, crime against humanity or 
any other crime under international law;
(b) Has committed a serious non-politicai crime outside the Phiiippines prior to his 
admission as a refugee; or
(c) Has been guilty of an act contrary to the purposes and principles of the United 
Nations.
SEC. 49. Cessation of Refugee Status. - Refugee status granted under the 
previous section shall cease if a refugee:
(a) Voluntarily repatriates himself/herself or has re-established himself/herself in 
another State;
(b) Acquired a new nationality and enjoys the protection of such a State; or
(c) Can no longer continue to refuse to avail the protection of the country of his/her 
nationality or, not having a nationality, is able to return to the country of former 
habitual residence in view of the cessation of the reasons that resulted to 
his/her being a refugee: Provided, That this ground shall not apply if a refugee 
is able to invoke compelling reasons arising out of the previous persecution.
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SEC. 50. Effect of Grant of Refugee Status to Refugee Dependents. - A
spouse, minor child, and other dependents of a foreigner who is granted refugee status 
may, if not otherwise eligible under Section 48, be granted the same status as the refugee 
to assure family unity or when it is in the public interest.
SEC. 51. Confidentiality of Information. - In proceedings for the recognition 
of refugee status, the confidentiality of information shall be respected and no information 
relating to the refugee shall be shared with the country of origin or country of former 
habitual residence, directly or indirectly.
SEC. 52. Burden of Proof. -In proceedings for the recognition of refugee status, 
the burden of proof lies with the applicant, subject to the principle of non-refoulement.
SEC. 53. Stay of Exclusion or Deportation. - Notwithstanding the provisions 
of Sections 78 and 86, the exclusion from entry and deportation of a foreigner shall be 
stayed during the pendency of an application for refugee status. Where grounds under 
Section 78 are present, the refugee shall be allowed entry and the application shall be 
immediately referred by the Immigration Officer to the Board.
SEC. 54. Detention of Refugee. - Detention of applicants for refugee status 
shall only be resorted to in cases arising out of illegal entry or unauthorized stay after 
consideration of other alternatives, as may be determined by the Commissioner.
CHAPTER 6
DOCUMENTATION AND ADMISSION OF IMMIGRANTS
SEC. 55. Documentary Requirements of Immigrants; Instances When 
Not Required. - Immigrants must present for admission into the Philippines valid 
passports or travel documents issued by the government of the country to which they 
owe allegiance, showing their nationality and identity and valid 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;
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(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 shali be construed to automaticaily 
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.
SEC. 57. Requirement of Issuance of Visa. - Under the conditions and subject 
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:
(a) An immigrant visa may oniy be issued to a foreign national who has made a 
proper application therefor, which shall specify the foreign country, if any, to 
which the quota the number is assigned, the immigrant's particular status in 
such country, the preference to which the foreigner is classified, the date on 
which the validity of the visa shall expire, and such additionai information as 
may be required.
(b) The Department of Foreign Affairs, through its Consular Office abroad and 
through the Office of the Visa Director, shall approve the issuance of a non­
immigrant visa to a foreign national who has made a proper application therefor 
in accordance with Section 33 of this Act. 
All diplomatic visas under Section 33 (e) of this Act shall be exclusively issued 
by the Department of Foreign Affairs in accordance with the Vienna Convention 
on Diplomatic Relations.
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All Other non-immigrant visas under Section 33 shall be issued by the Consular 
Officer, when the application is made abroad, or may be issued by the Office of the Visa 
Director of the Department of Foreign Affairs, when the application is made in the 
Philippines for conversion or renewal.
The issuance of special non-immigrant visas falling under the jurisdiction of a 
particular government office or agency can only be done in coordination with and upon 
recommendation of the government agency or office concerned.
SEC. 58. Requirements for Physical and/or Mental Examination Prior to 
Issuance of Immigrant Visa. - Prior to the issuance of an immigrant visa to any 
foreign national, the Consular Officer shall require such person to submit to a physical 
and mental examination in accordance with such regulations as may be prescribed by the 
Commissioner. 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 Consular Officer shall, insofar as practicable, accord to such national the same 
treatment on a reciprocal basis as such foreign country accords to citizens of the 
Philippines who are within a similar class. An immigrant visa may be replaced under the 
original number during the calendar year in which the original visa was issued 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
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Affairs, revoke the visa issued by any Philippine Consular Office. If the notice of revocation 
is not received and the visa holder applies for admission into the Philippines, his/her 
admission or entry shall be determined by the Immigration Officer upon his/her arrival at 
the port of entry.
CHAPTER 8
RE-ENTRY AND EMIGRATION CLEARANCE
SEC. 62. Re-entry. - Every time a registered foreign national, except a 
temporary visitor, departs or is about to depart temporarily from the Philippines with the 
intention to return, he/she must pay a re-entry fee, emigration clearance fee and head 
fee: Provided, That said foreign national returns to the Philippines within a period of one 
(1) year from his/her departure in order to maintain his/her visa category. Otherwise, 
he/she shall apply for an extension of the period within which to return prior to its 
expiration and pay the prescribed fees and charges therefor: Provided, further. That if 
his/her authorized stay is less than one (1) year, he/she shall pay a special return fee, 
emigration clearance fee and head fee for every departure: Provided, finaliy. That in both 
cases, if the registered foreign national departs permanently from the Philippines, he/she 
shall surrender all his/her Philippine immigration documents to the Commission and apply 
for and be issued an Emigration Clearance Certificate upon payment of the prescribed 
fees and charges therefor, subject to the following conditions:
(a) He/she has no pending obligation with the government or any of its agencies 
or instrumentalities;
(b) He/she has no pending criminal, civil, or administrative proceeding which 
requires his continued presence in the country; and
(c) There is no ongoing legislative inquiry where he/she is called upon to testify as 
a witness.
SEC. 63. Emigration Ciearance. - Any temporary visitor departing from the 
Philippines shall, after the expiration of his/her initial authorized stay, apply for emigration 
clearance with the Commission and pay the prescribed fees and charges therefor.
CHAPTER 9
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PRESIDENTIAL PREROGATIVES
SEC. 64. Presidential Prerogatives. - Any provisions of this Act to the contrary 
notwithstanding, the President may:
(a) Deny the entry and admission into the Philippines of any foreign national or a 
class of foreign nationals whenever the President finds that the entry would be 
detrimental to the interest of the Philippines or impose such restrictions as 
he/she may deem appropriate;
(b) Waive passport and/or documentary requirements for non-immigrants and 
immigrants under such terms and conditions as he/she may prescribe;
(c) Change the status of non-immigrants by allowing them to acquire permanent 
residence status without necessity of a visa;
(d) Deport any foreign national, subject to the requirement of due process;
(e) Admit non-immigrants not otherwise provided for in this Act for humanitarian 
considerations and when not detrimental to public interest under such terms 
and conditions as he/she may prescribe;
(f) Prohibit the departure from the Philippines of any person who is likely to 
disclose national security information, or who is likely to organize a rebellion 
abroad against the Philippines, or whose presence in the country is necessary 
to face, or be a witness in, criminal proceedings; and
(g) Exercise, with respect to foreign nationals in the Philippines, such powers as 
are recognized by the generally accepted principles of international law.
TITLE IV
PROVISIONS RELATING TO ENTRY
CHAPTER 1
CLASSIFICATION OF PORTS OF ENTRY
SEC. 65. Authority to Classify Ports. - The Commissioner shall classify and 
designate, from among the ports of entry established by law for immigration purposes, 
limited or unlimited ports of entry through which foreigners may be admitted into the 
Philippines. Only such classes of foreigners as provided under the rules and regulations 
prescribed by the Commissioner may be admitted at limited ports of entry. The
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Commissioner may, after due notice to the public, close designated ports of entry in the 
interest of national security or public safety.
CHAPTER 2
PROCEDURES ON ARRIVAL
SEC. 66. Inspection by Immigration Officer. - A foreigner seeking admission 
or readmission shall present his/her valid passport and visa, if required, to the 
Immigration Officer at the port of entry and shall be subject to primary inspection. The 
decision of the examining Immigration Officer, if favorable to the admission of any 
foreigner, may be challenged by another Immigration Officer. 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 diseases or mental disorders set forth under Section 78(a) 
of this Act or whenever the Commissioner has received information showing that 
foreigners are coming from a country or a place where any of such diseases are prevalent 
or widespread, the foreigner shall be detained or quarantined for a reasonable period of 
time to enable the immigration and medical officers to subject such person to observation 
and examination.
SEC. 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 
authorities shall be given prior notice of the arrival of any civilian vessel before such 
vessel comes into any area in the Philippines from any place outside thereof. Such prior
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notice shall not be required in the case of vessels with scheduled arrivals filed with the 
Immigration Officer in charge at the international port of entry.
If, upon arrival in any area other than the designated port and there is no available 
Immigration Officer therein, the master, pilot, captain, agent or consignee shall not allow 
the passengers and crew members to disembark or leave the primary inspection area 
until the Immigration Officer shall have conducted the primary inspection formalities.
SEC. 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 crew list;
(c) Passenger manifest;
(d) Port of last departure;
(e) International port of intended destination, or another 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 Permit 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 he/she 
arrived while such vessel remains in port under such terms and conditions as may be 
prescribed by the Commissioner.
SEC. 72. Confiscation and Cancellation of Permit; Deportation from the 
Philippines. - Upon the determination that the foreigner is not a bona /7cfe’crewmember 
or does not intend to depart on the vessel that brought him, the Commissioner shall 
cancel and confiscate the conditional permit already issued, take such foreigner into 
custody, and require the owner, operator, captain, master, pilot, agent or consignee of 
the vessel on which the foreigner arrived to receive and detain him/her on board. The
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expenses for his/her removal, including the cost of detention and other expenses 
incidental thereto, shall be borne by the owner, operator, captain, master, pilot, agent or 
consignee of such vessel.
SEC. 73. Liability for Overstaying Foreign Crewmen. - A foreign 
crewmember who remains in the Philippines in excess of the period allowed in the 
conditional permit issued to him/her shall be solitarily liable with the owner, operator, 
captain, master, pilot, agent or consignee of the vessel to pay the penalties prescribed in 
Section 126 of this Act.
SEC. 74. Liability for Unauthorized Discharge of Foreign Crewmember. -
It shall be unlawful for any person, including the owner, operator, captain, master, pilot, 
agent or consignee of any vessel, to discharge any foreign crewmember employed on a 
vessel arriving in the Philippines and whilst in port, without first obtaining the prior 
permission of the Commissioner. Otherwise, such person or owner, operator, captain, 
master, pilot, agent or consignee of the vessel shall pay the Commission such fines as 
may be prescribed under this Act. No such vessel shall be granted clearance from any 
port in the Philippines while such fines remain unpaid or while the validity thereof is being 
determined: Provided/,Jh3X. a clearance may be granted prior to such determination upon 
deposit of a sum or cash bond sufficient to cover such fines as approved by the 
Commissioner.
SEC. 75. Duty to Report Desertion or Illegal Landing of Foreign 
Crewmember. -The owner, operator, captain, master, pilot, agent or consignee of any 
vessel shall immediately report, in writing, to the Immigration Officer all cases of 
desertion or illegal disembarkation in the Philippines from the vessel, together with a 
description of such foreigners and any information that shall result in their apprehension.
SEC. 76. Requirement for Submission of List of Newly Empioyed/ 
Discharged and Illegally Landed Foreign Crewmember. - Prior to the departure 
of any vessel from the last port in the Philippines, destined to any place outside thereof, 
the owner, operator, captain, master, pilot, agent or consignee thereof shall deliver to 
the Immigration Officer at that port a listing containing: (a) the names of crewmembers 
who were not employed thereon at the time of the vessel's arrival on such port but will 
depart thereat on the same vessel; (b) the names of those, if any, who have been
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discharged; (c) the names of those who have deserted or illegally landed at the port, if 
any; and (d) such other additional information as the Commissioner deems necessary.
SEC. 77. Liability for Failure to Submit Complete, True and Correct 
Report. - In case the owner, operator, captain, master, pilot, agent, or consignee, fails 
to submit a true and complete list or report of foreigners, or to report cases of desertion 
or illegal landing, he/she shall pay to the Commission such sum as may be prescribed 
under this Act. No such vessel shall be granted clearance from any port in the Philippines 
while such fines remain unpaid or while the validity thereof is being determined: Provided, 
That clearance may be granted prior to such determination upon deposit of a sum or cash 
bond sufficient to cover such fines as approved by the Commissioner.
CHAPTER 4 
EXCLUSIONS
SEC. 78. Exclusion Grounds. -The following classes of foreign nationals shall 
not be allowed entry and shall be excluded from the Philippines:
(a) Health-related Grounds
1. Those who are found to be suffering from a communicable, dangerous 
or contagious disease;
2. Those who are found to be suffering from a mental disorder or 
associated behavior that may pose threat to person or danger to 
property;
3. Those who are found to be suffering from addiction to prohibited or 
regulated substance;
(b) Economic Grounds
1. Those likely to become a public charge;
2. Those seeking entry for the purpose of performing skilled or unskilled 
labor, without a permit from the Secretary of the Department of Labor 
and Employment as required by law;
(c) Moral Grounds
1. Those coming to the Philippines to practice polygamy or who advocate 
the practice of polygamy unless his/her religion allows such practices;
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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 the Commission;
(d) Criminal and Security Grounds
1. Those who have been convicted of a crime involving moral turpitude or 
who admit to the Immigration Officer having committed such crime, or 
who attempt and conspire to commit the crime;
2. Those who have been convicted, or who admit having committed, or are 
committing acts which constitute the elements of a violation or 
conspiracy to violate any law or regulation of the Philippines or a foreign 
country relating to a controlled, regulated or prohibited substance, or 
who attempt to 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 accompiice, accessory, abettor, 
or co-conspirator in the illicit trafficking of any controlied, regulated or 
prohibited substance;
4. Those who are fugitives from justice;
5. Those who seek to enter the Philippines to engage in;
a. Espionage or sabotage, or a violation or evasion of any laws 
prohibiting export of goods, technology or sensitive information;
b. Any activity aimed to promote membership in an organization of 
syndicated criminal activities;
c. Any activity, the purpose of which is to overthrow the Philippine 
government by force, violence or other unlawful means; and
d. Any other unlawful activity.
6. Those who are engaged or believed to be engaged or likely to engage 
In, aid, abet or finance any terrorist activity and members or 
representatives of a foreign terrorist organization;
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7. Those who have been identified by competent authorities, local or 
foreign, as having engaged in or are engaging in human trafficking and 
smuggling;
8. Those who have been identified by competent authorities, local or 
foreign, as having engaged or are engaging in human trafficking and 
smuggling;
9. 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
10. Those who have been identified by competent authorities, local and 
foreign, as having engaged or are engaging in importation of 
contrabands and other prohibited articles into the country.
SEC. 78-A. Minor Persons/Minority. -Persons under fifteen (15) years of age, 
and not accompanied by or not coming to a parent may be admitted: Provided, That the 
written consent of wither parent allowing them to travel is presented. The written consent 
must cite the purpose of the travel and must be affirmed by the Philippine Consular post 
in the minor's country of origin.
SEC. 79. Temporary Detention of Excludable Foreigners. - For the purpose 
of ascertaining whether a foreigner arriving in the Philippines belongs to any of the 
excludable classes of foreigners provided for in this Act or related laws, the Immigration 
Officer, for a period not exceeding seventy-two (72) hours, may temporarily detain for 
investigation such foreigner either on board the vessel or at a place designated for the 
purpose at the expense of the master, captain, agent, owner or consignee of the carrying 
vessel.
SEC. 80. Finality of Exclusion Order. - An order by the Immigration Officer to 
exclude a foreign national who is excludable under Section 78 hereof is final and 
executory unless revoked by the Commissioner upon a timely appeal prior to the 
implementation of the exclusion order.
SEC. 81. Authority to Waive Grounds for Exclusion. - Except for grounds of 
exclusion under Section 78(d), subparagraphs 1 to 8 and subparagraph 9, the 
Commissioner may waive any of the grounds for exclusion mentioned therein.
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SEC. 82. Procedure of Removal and Cost Thereof. - Any foreign national 
arriving in the Philippines who is ordered excluded shall be immediately removed in the 
same accommodation to the country where he/she boarded the vessel on which he/she 
arrived, unless the Commissioner determines that immediate removal is not proper and 
practicable. The cost of detention and other expenses incidental thereto shall be borne 
by the owner, operator, master, pilot, captain, agent or consignee of the vessel on which 
he/she arrived.
SEC. 83. Country Where Removal is to be Directed. - If the government of 
the country designated in the preceding section will not accept the foreign national into 
its territory, his/her removal shall be directed by the Commissioner in his/her discretion 
and without necessarily giving preference, either to:
(a) The country which he/she is a citizen or national;
(b) The country of birth;
(c) The country of his/her habitual residence; or
(d) The country willing to accept the foreign national into its territory, if removal 
to any foregoing countries is impractical or impossible.
SEC. 84. Obligation of Owner, Operator, Master, Captain, Pilot, Agent or 
Consignee. - It shall be unlawful for an owner, operator, master, captain, pilot, agent, 
or consignee of a vessel to refuse or fail to:
(a) Board a foreigner ordered excluded and removed under Section 78 hereof in 
the same vessel or another vessel owned or operated by the same company;
(b) Detain a foreign national on board any such vessel at the port of arrival when 
required by this Act or when so ordered by an Immigration Officer;
(c) Deliver a foreign national for medical or other examinations when so ordered 
by such officer;
(d) Remove a foreign national from the Philippines to the country where 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 or 
other costs necessary or incidental to his/her 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 
shall pay the fines prescribed under this Act. No such vessel shall be granted clearance
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from any port in the Philippines while such fines remain unpaid or while the validity
2 
thereof is being determined: Provided, That clearance may be granted prior to such
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determination upon deposit of a sum or cash bond sufficient to cover such fines as
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approved by the Commissioner.
TITLE V 
DEPORTATION
CHAPTER 1
DEPORTABLE FOREIGN NATIONALS
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SEC. 86. Classes of Deportable Foreigners. -The following foreigners shall
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be arrested upon the order of the Commissioner and deported upon recommendation by
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the Board of Special Inquiry and approval by the Board:
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(a) Those who entered the Philippines by means of false and misleading
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statements or documents, misrepresentations or without inspection and
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admission by the immigration authorities;
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(b) Those who entered the Philippines who were not lawfully admissible at the time
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of entry;
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(c) Those who engage, abet or aid in the practice of prostitution including the
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owner, manager or inmates of a house of prostitution or are procurers,
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pedophiles or sexual perverts;
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(d)Those who, at any time after the date of entry, have become a public charge;
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(e) Those who remain in the Philippines in violation of any period of limitation or
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condition under which they were admitted;
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(f) Those who believe in, advise, advocate or teach the overthrowing by force and
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violence of the Government of the Republic of the Philippines, or duly
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constituted authority, or those who do not believe in or are opposed to
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organized governments, or those who advise, advocate or teach the assault or
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assassination of public officials by reason of their office, or those who advise,
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advocate or teach the unlawful destruction of property, or those who are
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members of or affiliated with any organization entertaining, advocating or
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teaching such doctrines, or those who in any manner whatsoever extend
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assistance, financial or otherwise, in the dissemination of such doctrines;
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(g) Those who, at any time after entry, engage in, abet, aid or finance any terrorist
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activity;
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(h) Those who commit any violation of the provisions of this Act, independent of 
any criminal action which may be brought against them: Provided, however. 
That in the case of a foreigner who, for any reason, is convicted and sentenced 
to suffer both imprisonment and deportation, said foreigner shall first serve the 
entire period of his/her sentence before being deported: Provided, further. That 
the penalty of imprisonment may be waived by the President upon payment by 
the foreigner concerned of such costs, fines and/or damages, if any, awarded 
to the government or any aggrieved party;
(i) Those who, at any time after entry, are engaged in acts or omissions 
punishable under the Philippine penal laws cognizable by the Regional Trial 
Courts and the Sandiganbayan;
(j) Those who, at any time after entry, are convicted by final judgement of a crime 
punishable under Philippine penal laws cognizable by the first level courts;
(k) Those who are guilty of any offense penalized under the naturalization laws of 
the Philippines or any law relating to the acquisition of Philippine citizenship;
(l) Those who defraud their creditors by absconding or alienating properties to 
prevent their attachment or execution;
(m) 
Those who were admitted as non-immigrants and who obtained an 
adjustment of their admission status for convenience, or through fraud, 
falsification of documents, misrepresentations or concealment of material facts;
(n) Those who violated Philippine labor or taxation laws, rules and regulations;
(o) Those who, upon prior investigation and hearing, are found to be undesirable 
and whose further stay in the Philippines is inimical to public welfare and 
interest, or the dignity of the Filipinos, or the Republic of the Philippines as a 
sovereign nation;
(p) Those who forge, counterfeit, alter or falsely make any document; or use, 
attempt to use, possess, obtain, accept, receive or provide any forged, 
counterfeit, altered or falsely made document; or use, attempt to use, provide, 
attempt to provide, accept or receive a genuine document, even of another 
person, without authority to do so for the purpose of satisfying or complying 
with the requirements for his/her stay in the Philippines; and
(q) Those whose presence or activities in the country may result in adverse 
consequences to Philippine foreign policies as determined by the Secretary of 
Foreign Affairs.
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SEC. 87. Non-Prescription of Deportation Cases. -The right of the State to 
initiate at any time deportation proceedings shall not prescribe: Provided, That no 
deportation proceedings and orders shall be had against foreigners facing preliminary 
investigation, prosecution and trial before competent authorities.
CHAPTER 2
DETERNTION AND DEPORTATION OF FOREIGN NATIONALS
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SEC. 88. Issuance of Summons. - If the Commissioner determines that there
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exists a reasonable ground to deport a foreigner pursuant to Section 86 of this Act, he/she
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may issue summons requiring the foreigner to appear in person before the designated
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investigating officer at the time, date and place stated therein.
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SEC. 89. Authority to Issue Letter Order. -The Commissioner may issue a
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letter order for the detention of a foreigner if he/she determines that a probable cause
14 
exists for the filing of deportation charges against a foreigner for violation of immigration
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and other related laws, rules and regulations or there is a strong probability that a
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deportable foreigner may flee from his/her place of abode, go into hiding or
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surreptitiously leave the country.
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SEC. 90. Formai Charge of Deportation. - A formal charge for deportation
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shall be issued upon determination of the existence of a prima facie case against the
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foreigner. Pending final determination of his/her deportation case, the foreigner shall,
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upon the discretion of the Commissioner; (a) remain under detention; or (b) be released
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on bail or recognizance. The bail may be revoked and confiscated in favor of the
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government if there is sufficient evidence that the foreigner is evading the proceedings
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or is attempting to abscond, in which case he/she shall be taken into custody and placed
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under detention by order of the Commissioner.
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SEC. 91. Detention of a Foreigner Convicted of a Felony or an Offense. -
27 
After service of his/her sentence or compliance with the conditions of his/her parole or
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probation, as the case may be, the foreigner shall be taken into custody and placed under
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detention by order of the Commissioner. Pending final determination of the deportation
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case, the foreigner may be ordered released under such terms and conditions prescribed
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by the Commissioner.
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SEC. 92. Voluntary Deportation, When Authorized. - In case the foreigner 
does not contest the formal charge against him/her and opts to voluntarily leave the 
country at his/her expense, the Commissioner may waive the deportation proceedings 
and order the departure within the period specified in the voluntary deportation order, 
except in cases of violations of laws such as Republic Act No. 8042 otherwise known as 
the "Migrant Workers and Overseas Filipino Act of 1995": Provided, That he/she has not 
committed any criminal offense or has no pending case in court: Provided, further. That 
the said foreigner so deported shall be barred from re-entering the country without prior 
written authorization from the Commissioner.
SEC. 93. Contents of an Order or Warrant of Deportation. -The order or 
warrant of deportation shall be in the form prescribed by the Commissioner and shall 
state the grounds therefor, the specific place where the foreigner is to be deported and 
the period within which to execute such order.
SEC. 94. Period to Enforce Order of Deportation. -The order of deportation 
shall be enforced immediately and in no case shall exceed three (3) months from the 
date it has become final and executory. If deportation is not enforced within the 
prescribed period for reason beyond the control of the Commissioner, the foreigner shall 
remain in custody.
SEC. 95. Suspension of Deportation Order. - Upon application and payment 
of the prescribed fees by the concerned foreigner, the Commissioner may suspend the 
implementation of the deportation order and order his/her release for good cause, taking 
into account the following factors:
(a) Age, health, family or conduct;
(b) Period of detention;
(c) Impact on national security and public welfare;
(d) Unavailability of travel documents;
(e) Existence of an application for refugee status; or
(0 Other humanitarian considerations.
SEC. 96. Reinstatement of a Deportation Order. - A deportation order 
previously implemented against a foreigner who unlawfully re-entered the Philippines 
shall be deemed automatically reinstated and shall be implemented in accordance with
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this Act. This provision shall also apply to a foreigner who departed voluntarily under 
Section 92 hereof.
SEC. 97. Country of Destination of a Deportee. - Except as provided for 
under existing treaty or international agreement, a foreigner shall be deported to the 
country of which he/she is a citizen or national, or to the country of his/her birth, or to 
the country of which he/she is a resident, or to the country from which he/she embarked 
for the Philippines, subject to the acceptance by the receiving country.
SEC. 98. Existence of Danger in the Country Where a Foreigner is to be 
Deported. - No foreigner shall be deported to a country where there exists a danger to 
his/her life or freedom on account of race, religion, nationality, political opinion or 
membership in a particular political or social group, except in the following circumstances:
(a) The foreigner participated, induced or cooperated in the persecution of any 
person on account of race, religion, nationality, political opinion or membership 
in a particular political or social group in the country where he/she is to be 
deported;
(b) The foreigner is a fugitive from justice in the country where he/she is to be 
deported;
(c) The foreigner committed a serious non-political crime in the country where 
he/she is to be deported; or
(d) The foreigner is undesirable in and/or a danger to the national security of the 
Philippines.
SEC. 99. Cost of Deportation. -The cost of deportation shall be borne by the 
owner, operator, captain, master, pilot, agent or consignee of a vessel in case its foreign 
crew member is to be deported for violation of Section 100 of this Act. In all other cases, 
the cost of deportation shall be borne by the deportee himself/herself, the concerned 
consular office, nongovernment organizations or people's organizations with which the 
Commission has an agreement on this matter, or from the appropriations for the 
enforcement of this Act.
SEC. 100. Liabiiity of Owner, Operator, Captain, Master, Piiot, Agent or 
Consignee of a Vessel. - Failure or refusal on the part of the owner, operator, captain, 
master, pilot, agent or consignee of a vessel to take on board, guard safely and transport 
the deportee to his/her country of destination, or to shoulder the cost of deportation of
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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, by 
reason of the mental or physical condition of the deportee, direct an employee of the 
Commission to accompany such deportee to the country of his/her destination, subject 
to the provisions of the immediately preceding sections.
CHAPTER 3
INDIGENT FOREIGNERS
SEC. 102. Deportation of Indigent Foreigners. - At any time after entry, the 
Commissioner may deport indigent foreigners from the Philippines to the country of which 
they are citizens or nationals, or country of birth, or country of residence, as the case 
may be. The cost of deportation may be charged against the available funds of the 
Commission. Any foreigner deported under this section shall be barred re-admission 
except upon written authorization of the Commissioner.
This provision shall not apply to a foreigner declared as an indigent by any 
Philippine court for purposes of filing a case or to pursue a cause of action which resulted 
in his/her indigency until such action is resolved with finality: Provided, That no other 
grounds for deportation exist during the pendency of the same.
TITLE VI
MISCELLANEOUS PROVISIONS
CHAPTER 1
REGISTRATION OF FOREIGN NATIONALS
SEC. 103. Requirement of Registration. - A temporary foreign visitor must 
register with the Commission or any Immigration Office nearest his/her place of residence 
on or before the sixtieth (60th) day of his/her arrival in the Philippines.
SEC. 104. Registration Form and Oath. - Applications for registration shall be 
under oath and In such forms as prescribed by the Commission. Upon registration, a 
certificate of registration shall be issued by the Commission to the registrant. In case of
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loss or destruction of the certificate, a replacement thereof may be issued by the 
Commission upon proper application and payment of prescribed fees.
SEC. 105. Amendment of Registration. - A registered foreign national shall 
notify the Commission in writing of any change of information in his/her registration 
documents not later than seven (7) days thereof.
SEC. 106. Presentation of Certificate of Registration. - Every foreigner 
required to register under this Act or the parent or guardian of such foreigner shall, 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 accordance with the 
provisions of this Act.
SEC. 107. Reportoriai 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 Requirement. - A foreigner, or his/her 
parent or guardian, as the case may be, who, without justifiable reason, fails to comply 
with all the requirements under this Act, or who files an application for registration 
containing statements known by 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) days from 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.
CHAPTER 2
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BONDS AND DEPOSITS
SEC. 110. Bonds, When Required. -This Commission shall have the authority 
to require cash bonds in such amounts and under such conditions as it may prescribe:
(a) To control and regulate the admission into, and departure from, the Phiiippines 
of foreigners applying for temporary admission;
(b) To insure against foreign passengers liable to be excluded as likely to become 
public charges; and
(c) To insure the appearance of foreigners reieased from custody during the course 
of deportation proceedings instituted against them.
SEC. 111. Requirement of Cash Deposits for Overtime Services. - The
Commission shaii likewise have the authority to require cash deposits in such amounts as 
may be necessary from a vessel's owner, operator, captain, master, pilot, agent, or 
consignee or other persons served to cover payments for overtime services to be 
performed by officers and employees of the Commission.
SEC. 112. Cancellation and Forfeiture of Bonds. - When the conditions of 
the bonds are fulfilled, or in case of a bond posted to insure against a foreigner becoming 
a public charge, when the Commissioner decides that the likelihood no longer exists, or 
death of the foreigner on whose behalf the bond is posted, the bond shaii be cancelled 
and released to the depositor or his/her legal representative. In case of violation of the 
conditions of the bond, the same shaii be forfeited and deposited in a trust fund account 
which may be utiiized for the purchase of passage tickets of indigent deportees and to 
cover the costs of operations in the arrest of a deportee who jumps bail.
CHAPTER 3 
RECOGNIZANCE
SEC. 113. Petitions for Recognizance, Sanction for Breach of Conditions.
-The Commissioner may order the reiease of a foreigner upon recognizance of his/her 
lawyer or a person who is of good standing in the community, under such terms and 
conditions as he/she may prescribe. Faiiure to comply with the terms and conditions of 
the recognizance shaii subject said lawyer or person to a fine or not iess than Fifty 
thousand pesos (PHP 50,000.00) but not more than One hundred thousand pesos (PHP
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100,000.00) without prejudice to other administrative sanctions and/or proceedings 
against the erring party.
CHAPTER 4
COOPERATION AND COORDINATION WITH OTHER OFFICES
SEC. 114. Working Cooperation with the Department of Foreign Affairs.
-For purposes of efficient implementation and administration of this Act, the Commission 
shall maintain a working cooperation with the Department of Foreign Affairs.
SEC. 115. Working Cooperation with the Commission on Higher 
Education. -The Commission shall maintain a working cooperation with the Commission 
on Higher Education with respect to accreditation of schools and learning centers for 
enrolment of foreign students as authorized under this Act.
SEC. 116. Coordination with Law Enforcementf Security and Other 
Offices. - The Commissioner shall have authority to maintain coordination with the 
National Security Council, the Philippine National Police, and other law enforcement 
agencies of the government.
CHAPTER 5 
FEES AND CHARGES
SEC. 117. Authority of the Commissioner to Prescribe, Impose and 
Coiiect Fees and Charges. -The Commissioner is authorized to prescribe, impose and 
collect fees and charges for services rendered pursuant to the provisions of this Act, which 
shall take effect fifteen (15) days after the last publication thereof for two (2) consecutive 
weeks in a newspaper of general circulation.
SEC. 118. Head Fee. - Every foreign national who is at least fourteen (14) years 
of age and admitted to the Philippines for a temporary stay exceeding sixty (60) days 
shall pay a head fee in an amount to be fixed by the Board.
CHAPTER 6
ADMINISTRATIVE FINES AGAINST VESSELS
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SEC. 119. Fine for Failure to Submit Crew List or Passenger Manifest, or 
Failure to Account Every Passenger and Crew. -Any pilot, master, agent, owner or 
consignee of a vessel arriving at any port in the Philippines from a place outside thereof 
who fails to submit to the immigration authorities a complete and accurate crew list or 
passenger manifest, or fails to produce or account every crewmember or passenger 
whose name appears in said list or manifest shall be subject to fines of One hundred 
thousand pesos (PHP 100,000.00) and Fifty thousand pesos (PHP 50,000.00) for each 
unaccounted person, respectively.
SEC. 120. Fine for Violation of Obligation on the Landing or Removal or 
Foreigners. - A pilot, master, agent, owner or consignee of any vessel arriving at a port 
of the Philippines from a place outside thereof in violation of this Act shall be fined not 
less than Fifty thousand pesos (PFIP 50,000.00) but not more than Two hundred thousand 
pesos (PFIP 200,000.00) for each violation.
SEC. 121. Fine for Bringing Undocumented Foreigner^ or Foreigner 
Afflicted with Communicable or Contagious Disease, or Suffering from Mental 
Disorder. -The pilot, master, agent, owner or consignee of the vessel arriving at a port 
in the Philippines from a place outside thereof bringing on board an undocumented 
foreigner shall be fined One hundred thousand pesos (PFIP 100,000.00) for each foreigner. 
If the foreigner is afflicted with a communicable or contagious disease or is suffering from 
mental disorder, the fine shall be not less than Two hundred thousand pesos (PFIP 
200,000.00) but not more than Three hundred thousand pesos (PFIP 300,000.00) for 
each foreigner.
SEC. 122. Fine for Bringing a Foreigner to Assist His Illegal Entry or 
Misrepresenting a Foreigner as a Member of the Crew. -The pilot, master, agent, 
owner or consignee of the vessel arriving at a port in the Philippines from a place outside 
thereof bringing on board a foreigner bound for the Philippines to assist his/her illegal 
entry, or misrepresenting the foreigner to the Immigration Officer at the port of arrival 
as a bona fide member of the crew, shall be fined not less than One hundred thousand 
pesos (PFIP 100,000.00) but not more than Two hundred thousand pesos (PFIP 
200,000.00) for each foreigner.
SEC. 123. Fine for Violation of Other Provisions of this Act. -The pilot, 
master, agent, owner or consignee of the vessel arriving at a port in the Philippines from
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a place outside thereof who violates any other provision of this Act not specifically 
provided in this Chapter shall be fined not less than Fifty thousand pesos (PHP 50,000.00) 
but not more than Two hundred thousand pesos (PHP 200,000.00) for each violation.
CHAPTER 7
OTHER PENAL PROVISIONS
SEC. 124. Other Prohibited Acts and Penalties Thereof. - Any person who 
shall commit any of the acts specified hereunder shall, upon conviction, suffer the penalty 
of prision correccional'm its maximum period to prision mayor\n its minimum period or a 
fine of not less than One hundred thousand pesos (PHP 100,000.00) but not more than 
Five hundred thousand pesos (PHP 500,000.00), or both, at the discretion of the court:
(a) Impersonates another individual, or falsely appears in the name of a deceased 
individual, or evades the immigration laws by using an assumed or fictitious 
name when applying for an immigration document;
(b) Issues or otherwise disposes of an immigration document or an immigration 
accountable form, to any person not authorized by law to receive such 
documents;
(c) Obtains, manufactures, prints, accepts or uses any immigration or travel 
document knowing it to be false or uses immigration accountable form that is 
not legally issued;
(d) Enters the Philippines without inspection and admission by the immigration 
authorities, or obtains entry into the Philippines by fraud, 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 with, or aids another to commit any such acts.
Where the offender of any acts specified in paragraph (g) of this section is a 
corporation, company, partnership or other juridical entity, the president, general 
manager, managing partner, or chief executive officer thereof shall be held liable. 
Dismissal of the employee by the employer before or after apprehension shall not relieve
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such employer from any liability arising from the offense: Provided, That if the vessel 
which brought the 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 without prior clearance issued by the 
Commission. Where forfeiture is justified under the particular circumstances of the case, 
the forfeiture of the vessel in favor of the government in lieu of the fine shall be decreed.
Conviction by final judgement of any offense punishable under this Act or other 
related laws shall result in the automatic revocation or cancellation of any immigration 
document issued to the offender, including that of his/her spouse and unmarried children, 
if applicable.
SEC. 125. Penalty for Non-compliance of Subpoena. - Any person who, 
having been duly served with a subpoena, fails to comply without valid and justifiable 
reasons shall, upon conviction, suffer the penalty of imprisonment of not more than 
fifteen (15) days or a fine of not more than One thousand pesos (P1,000.00), or both, at 
the discretion of the court.
SEC. 126. Penalty for an Overstaying Crewmember. - Any foreign 
crewmember who willfully remains in the Philippines beyond the period allowed him/her 
for temporary landing shall, upon conviction, suffer the penalty of imprisonment of six (6) 
months or fine of not less than Fifty thousand pesos (PHP 50,000.00) but not more than 
One hundred thousand pesos (PHP 100,00.00), or both, at the discretion of the court.
SEC. 127. Imposition of Maximum Penalty, When Applicable. - A person 
convicted under Republic Act No. 3019, as amended, otherwise known as the "Anti-Graft 
and Corrupt Practices Act," or other laws against corruption and bribery who shall violate 
or circumvent any provisions of this Act shall, upon conviction, suffer the maximum 
penalty for such offenses as provided under this Act.
CHAPTER 8 
FUNDING
SEC. 128. Funding. - In addition to its annual budget under the General 
Appropriations Act, the Commission is hereby authorized to retain and use fifty percent
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(50%) of its income derived from collection of immigration fees, fines, penalties and 
charges to pay hazard pay, subsistence allowance and other monetary benefits at rates 
fixed by the Commissioner and for maintenance and other operating expenses, 
intelligence and law enforcement, information and communication technology 
infrastructure, transportation facilities and other capital outlay expenditures. The 
Commission is likewise hereby authorized to retain and use its income in excess of the 
prescribed collection targets.
CHAPTR9
SEC. 129. Staffing Pattern and Salary Schedule. -To carry out the provisions 
of this Act, the Commissioner shall submit a new staffing pattern and salary schedule for 
approval, which shall be in accordance with the Salary Standardization Law and other 
applicable laws under the National Compensation and Classification Plan.
SEC. 130. Reorganization of the Commission. - Upon approval of this Act, 
all employees of the Bureau of Immigration covered by the civil service law and 
regulations shall continue to hold their present positions pending the reorganization of 
the Commission in accordance with the new staffing pattern: Provided, That the salaries, 
wages, allowances and other benefits of incumbent officers and employees of the 
Commission shall not be subject to diminution: Provided, further, That in the event that 
the positions are abolished in accordance with the reorganization, the affected employees 
shall be retained. Provided, finaliy. That employees who have been dismissed for cause 
shall no longer qualify for any position in the Commission.
SEC. 131. Inventory and Transfer of Properties, Accounts, Assets, 
Liabilities and Obligations to the Commission. -All buildings, properties, equipment, 
facilities, accounts, other assets, liabilities and other obligations as well as records of the 
Bureau of Immigration shall be properly inventoried and transferred to the Commission.
SEC. 132. Treaty or Agreement. - Any treaty or agreement entered into 
between the Philippines and any foreign state before the effectivity of this Act shall remain 
in force and effect.
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SEC. 133. Pending Cases. - Any prosecution, suit, action, proceeding, or any 
act or matter, civil or criminal, pending at the time of the effectivity of this Act shall not 
be affected by the provision of this Act unless otherwise applicable.
CHAPTER 10
ADMINISTRATION AND IMPLEMENTATION
SEC. 134. Administration and Implementation Abroad. - The
administration and implementation of this Act abroad, including the rules and regulations 
as well as policies arising from it shall be the responsibility of the Department of Foreign 
Affairs through Philippine diplomatic and consular establishments.
SEC. 135. Implementing Rules and Regulations. - The Commission, upon 
consultation with the Department of Foreign Affairs and other concerned government 
agencies or offices and subject to the approval of the Secretary, shall promulgate the 
rules and regulations for the implementation of this Act within one hundred twenty (120) 
days from its effectivity.
CHAPTER 11 
FINAL PROVISIONS
SEC. 136. Separability Clause. - If any of the provisions of this Act is held 
invalid or unconstitutional, the other provisions not affected thereby shall continue to be 
in force and effect.
SEC. 137. Repealing Clauses. - (a) Commonwealth Act No. 613, otherwise 
known as the Philippine Immigration Act of 1940, as amended, is hereby repealed; (b) 
All laws, presidential decrees, executive orders, proclamations, memorandum orders, 
instructions, rules and regulations or parts thereof inconsistent with this Act are hereby 
amended or modified accordingly.
SEC. 138. Effectivity Clause. -This Act shall take effect fifteen (15) days after 
its complete publication in the Official Gazette or in two (2) newspapers of general 
circulation.
Approved,
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