Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS

First Regular Session

HOUSE BILL NO._ 339

Introduced by Representative Xavier Jesus D. Romualdo

EXPLANATORY NOTE

This bill was originally filed by the late Representative Pedro’ P. Romualdo. The
Bicameral Conference Committee Report on this bill was not ratified on the last session
day of the 14" Congress due to a lack of quorum. It was subsequently re-filed by
Representative Romualdo in the 15” Congress and was referred to the Committee on
Justice. However, the Committee on Justice was unable to take up the resulting draft
committee report. The same thing happened in the 16" Congress.

Last Congress, the bill was for sponsorship at the Committee on Justice before
Congress adjourned.

The Explanatory Note of the late Representative Romualdo is herein reproduced and
adopted as part of the explanation for the filing of this bill:

This measure is a timely piece of legislation, which will clothe the Bureau of
Immigration with a renewed mandate to deliver world class immigration
services that will promote the country's image in the international community
as a safe tourist destination and a potential investment site. This bill will
catapult the Bureau of Immigration as a government agency that
concomitantly assumes the role of a gatekeeper and that of an agent of
economic development. To attain this goal, this bill seeks to strengthen the
organizational structure of the Bureau of Immigration by converting it into a
Commission with expanded jurisdiction and a streamlined powers and
functions, thereby amending the archaic provisions of Commonwealth Act No.
613, a 1940 immigration statute.

This landmark legislation will ensure a vibrant, dynamic and more structured
agency to be known as the Commission on Immigration and Naturalization
that will be tasked to perform a twin function — gatekeeper and economic
agent. As a gate keeper, the new Commission shall have the power to control
and regulate the immigration of aliens in the country consistent with its duty to
safeguard our borders, national security, national sovereignty and public
safety. As an agent of economic development, the new commission will be
tasked to develop effective mechanisms and procedures on immigration and
naturalization that will foster investments through a vibrant tourism industry
and higher government revenue. This twin-function reflects the demands of
the present time.

This bill will empower the current Bureau of Immigration to simplify further its
requirements for visa applications or visa extension and expedite its


processing and issuance of visas, alien certificates of registration, and other
travel documents. Indeed, an orderly and simplified procedures will streamline
the duties and functions of their officials and employees, improve the delivery
of services by the commission, provide convenience and satisfaction to the
Public in general and the foreigners in particular, and more importantly,
reduce if not eliminate red tape which breeds graft and corruption.
Consequently, more foreigners will be enticed to visit the country for tourism
or to seek investment opportunities, and those residing in the Philippines will
be motivated to report regularly to the immigration office and avail of the
various immigration services of the Commission.

Industry data shows that tourist arrivals in 2011 were estimated at 3.917
million with visitor receipts estimated at 129,689.33 million as reported in the
Department of Tourism website. We believe these figures will double if the
commission will simplify further their immigration policies and procedures
without neglect of its duty as the government's gatekeeper.

With the advent of globalization characterized by shrinking space and time
and disappearing political and economic borders, the country has not been
exempted from the scourge of terrorism and other transnational and/or
syndicated crimes such as drug trafficking, human smuggling and trafficking
in person, and kidnapping, among others, that have likewise taken their toll in
the economy. Local and foreign investors alike cannot be blamed of their
capital flight as they have a second look in further investing in the country
taking into consideration the peace and order situation. Hence, this bill will
add credence to our fight against these nefarious criminal activities by
allowing the Commission to strengthen further their existing procedures and
Policies on border control and management. This is the essence of a
gatekeeper.

It was the Second Assembly of the Philippine Commonwealth that enacted
the Philippine Immigration Act of 1940 on 22 January 1940 known as
Commonwealth Act No. 613. It created the Bureau of Immigration under the
administrative supervision of the Office of the President. Then, it later became
an attached agency of the department of justice and was later returned to the
administrative control of the Office of the President.

In 1941, the bureau was once again under the Department of Justice and, in
1945, it was put under the supervision and controi of the Department of Labor
as part of the reorganization plan of the government. In 1948, the Bureau was.
again returned to the Department of Justice where it remains up to this time.

In 1972 as part of the reorganization plan, the Bureau of Immigration was
named the Commission on Immigration and Deportation, a collegial body and
performing both administrative and quasi-judicial functions. On July 25, 1987,
President Corazon C. Aquino signed Executive Order No. 292, otherwise
known as the Administrative Code of 1987. The Commission on Immigration
and Deportation was renamed the Bureau of Immigration.

Seventy-two (72) years after its creation, it is only now that we are giving this
agency the preferential attention it deserves considering its dual functions and
significant contributions in national development. It is only fitting that we
provide the proposed Commission with the renewed mandate to develop and
execute sound policies and procedures that will professionalize the
immigration service, foster tourism and foreign investment without sacrificing
national security, national sovereignty and public safety, and enhance
revenue collection for the government.


Under this bill, the proposed Commission shall be principally responsible for
the administration and enforcement of immigration, alien registration,
citizenship and administrative naturalization laws, and shall continue to be
under the administrative supervision of the Department of Justice.

In view of the foregoing, the support of the Members of Congress for the timely passage

Of this measure is earnestly requested.

XAVIER JESUS D. ROMUALDO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
EIGHTEENTH CONGRESS

First Regular Session

HOUSE BILL NO. 339

INTRODUCED BY REPRESENTATIVE XAVIER JESUS D. ROMUALDO

AN ACT
CREATING THE COMMISSION ON IMMIGRATION, DEFINING ITS POWERS
AND  FUNCTIONS,EXPANDING, RATIONALIZING AND FURTHER
PROFESSIONALIZING Its ORGANIZATION, UPGRADING THE
COMPENSATION AND BENEFITS OF ITS OFFICIALS AND EMPLOYEES, AND
APPROPRIATING FUNDS THEREFOR

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

TITLE I
GENERAL PROVISIONS

SECTION 1. Short Title. — This Act shall be known as the "Philippine
Immigration Act”.

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

To this end, Philippine immigration policies, rules and regulations under this
Act shall be applied and administered as instruments for the promotion of domestic
and external interests of the Philippines, in recognition of:

(a) _ the admission of foreign nationals for the purpose of encouraging and
enhancing capital investments, trade and commerce, cultural exchanges and other
forms of friendly relations and cooperation;

(b) the need to support the country’s technological and scientific
development;

(©) __ the promotion of conditions for social welfare and economic security of
the people;

(d) _ the fulfillment of obligations and compliance with standards set by
international law in the admission or exclusion of foreign nationals;

(e) the promotion of international order and justice by preventing and
denying the use of Philippine territory to persons who are engaged or likely to


engage in terrorism, human smuggling and trafficking, criminal and other nefarious
activities;

(f) the modernization of structures and mechanisms necessary for the
administration of immigration laws in keeping with the changing demands of the
country’s role in the global community; and

(g) _ the professionalization of the immigration service by instituting a rigid
system of screening and selection of immigration officials and employees and
promoting their development.

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

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

(b) | Border Control Officer refers to any person tasked to man the Border
Control Station as provided under Section 36 of this Act;

(c) Captain refers to the master of a vessel or pilot of an aircraft;

(d) Child refers to a person below eighteen (18) years of age;
(e) Citizen refers to any person who is a citizen of the Philippines under
Section 1, Article IV of the Constitution;

(f) Commitment Order refers to an order issued by the Commissioner
under Section 11(c)(2) of this Act that directs the taking into custody of a foreign
national after it has been determined that probable cause exists that the foreign
national committed acts or omissions in violation of Philippine immigration laws,
rules and regulations, or during the pendency of deportation proceedings against
such foreign national: Provided, That such custody shall not exceed three (3)
months, unless there exists other legal grounds for continued custody;

(g) Consular Officer refers to any consular, diplomatic, or other officer of
the Department of Foreign Affairs (DFA) who has been duly granted a consular
commission for the purpose of issuing visas under this Act;

(h) Derogatory Information refers to details about persons and travel
documents relating to immigration consisting of the following:

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

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

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


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Philippines;

(i) Entry refers to the arrival of a foreign national into any designated port
of entry in the Philippines from a place outside the Philippine territorial jurisdiction.
A foreign national with a lawful permanent residence in the Philippines shall not be
regarded as making an entry under this Act if such foreign national proves that the
departure to a place outside the Philippines is for a temporary or limited period, or
thecontinued absence from the Philippines is occasioned by deportation
proceedings, extradition, or other legal process;

(j) Exclusion refers to the act of Immigration Officers denying admission
of a foreign national into the country on any of the grounds provided under Section
78, Chapter 4, Title IV of this Act;

(kK) Foreign National refers to any person who is not a citizen of the
Philippines;

()) Immigrant refers to any foreign national, other than a non-immigrant,
departing from any place outside the Philippines destined for the Philippines;

(m) Immigration laws refer to this Act and any other laws presently
existing or which may hereafter be enacted relating to the movement of natural
persons to and from the Philippines;

(n) Immigration Officer refers to any person appointed under Section 26 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 in
this Act;

(0) Non-immigrant refers to any foreign national departing from any place
outside the Philippines who is allowed entry and admission into the Philippines for a
temporary or limited period of stay;

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

(q) Passport refers to a document issued by the Philippine government to
its citizens pursuant to Republic Act No. 8239, otherwise known as “The Philippine
Passport Act of 1996”, as amended;

(rt) Person refers to a natural or juridical person such as partnerships,
corporations, companies, and associations;

(s) Port of entry refers to any port designated by the Commissioner
through which a foreign national may enter or exit the Philippines;

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

(u) Seaman, Seafarer or Crewmember refers to a person actually
employed in the operation or service in any capacity on board a vessel;

(v) _ Stateless Person refers to a person who is not considered a national by
any State under the operation of its laws;


(w) Travel document refers to a certification or identifying document
containing the description and other personal circumstances of its bearer, issued for
direct travel to and from the Philippines valid for short periods or a particular trip. It
is issued only to persons whose claim to Philippine citizenship is doubtful or who fall
under any category enumerated in Section 13 of Republic Act No. 8239, otherwise
known as "The Philippine Passport Act of 1996”;

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

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

TITLE II
COMMISSION ON IMMIGRATION

CHAPTER 1
THE COMMISSION

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

SEC. 5. Composition and Qualification.— The Commission shall be
administered by the Board of Commissioners, hereinafter referred to as the Board,
headed by the Commissioner as Chairperson, and two (2) Deputy Commissioners as
members, all of whom shall be natural-born citizens of the Philippines, holders of a
college degree and with proven capacity for administration and, at the time of their
appointment, at least thirty-five (35) years of age: Provided, That the majority of
the members shall be members of the Philippine Bar in good standing for at least
five (5) years: Provided, further, That at least one (1) member of the Board shall
come from the ranks of the Commission.

CHAPTER 2
THE BOARD OF COMMISSIONERS

SEC. 6. Powers and Functions of the Board. - The Board shall have the
following powers and functions:

(a) Quasi-judicial:

(1) Decide on applications or cases relative to:
i,Deportation;

ii. Revocation of Immigration status;

iii. Reacquisition and retention of Philippine
citizenship under Republic Act No. 9225,
otherwise known as the "Citizenship
Retention and Reacquisition Act of 2003";


iv. Issuance and revocation of all visas and
permits;

v. Declaration of indigence; and

vi. Legalization of residence in accordance with
law.

(2) Cite and punish for contempt in relation to the discharge of its quasi-
judicial functions in accordance with the Rules of Court.

(b) Rule-making:
(1) Prescribe and promulgate rules of procedure for proceedings before it;

(2) Prepare and publish operations manual and rules of procedure,
including schedule of fees, for all transactions entered into by the
Commission with the public; and

(3) Formulate policies, directives, programs and projects of the
Commission.

The Board shall also perform such other powers and functions as provided in
this Act and other existing laws, rules and regulations not inconsistent with any of
the provisions of this Act.

SEC. 7.Decisions of the Board.- All cases or proceedings before the Board
shall be decided with the concurrence of a majority of the members of the Board.
Decisions of the Board shall become final and executory fifteen (15) days after the
date of receipt thereof by the concerned parties. Only one (1) motion for
reconsideration shall be allowed.

Decisions in deportation cases may be appealed to the Secretary of the DOJ
within fifteen (15) days from receipt thereof by the concerned parties. The decision
of the Secretary of the DO) shall be final and executory unless stayed by an order
of the Court of Appeals.

SEC. 8. Period for Decision by the Board. - The Board of Commissioners
shall decide deportation cases within thirty (30) days from the date they are
submitted for resolution.

SEC. 9. Meetings of the Board. - In all cases, the Board of Commissioners
shall convene and act as a collegial body in all matters referred to in Section 6 of
this Act. The Board shall meet at least once a week or, if necessary, twice a week.
Members of the Board shall be notified accordingly and the presence of the
Chairperson and one (1) member shall constitute a quorum.

CHAPTER 3
THE COMMISSIONER AND THE DEPUTY COMMISSIONERS

SEC. 10. Appointment 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. 11. Powers and Functions of the Commissioner. -In addition to the
duties as Chairperson of the Board of Commissioners, the Commissioner shall
exercise the following powers and functions:

(a) Supervise, direct and coordinate the overall operations of the
Commission;


(b) Exercise control and supervision over the officers and personnel of the
Commission, including the power to appoint, promote, and reassign personnel,
subject to existing civil service laws, rules and regulations: Provided, That the
promotions and original appointments to positions higher than Immigration Officer I
shall be made by the Secretary of the DOJ, upon the recommendation of the
Commissioner;

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

(d) Delegate authority to subordinate officers and employees of the
Commission, except the powers and functions enumerated in paragraph (c) of this
Section, which may be delegated only to a Deputy Commissioner;

(e) Act on applications for extension of visas;

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

(g) Increase, reduce or waive immigration fees, fines, penalties and other
charges, upon the approval of the Board;

(h) Issue Certificates of Naturalization and Identification to foreign
nationals who have been granted Philippine citizenship;

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

(j) Authorize and prescribe, with the concurrence of the Board, the form
and the amount of cash bonds for the provisional release of respondents in
deportation proceedings;

(k) Impose reasonable fines and penalties for violations of immigration
and alien registration laws in accordance with this Act and the guidelines adopted
by the Board;

()) 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;

(m) Submit to the President and Congress, annually or as may be directed,
a report on: (1) the number and status of foreign nationals in the Philippines; (2)
foreign nationals admitted or granted change of status as permanent residents; (3)
foreign nationals who have been excluded or deported from the Philippines; (4) the
estimated number of illegal foreign nationals in the Philippines in each calendar
year and actions taken to arrest them, grouped by nationality, for each region in
the Philippines; and (5) such other transactions of the Commission;

(n) Determine the manning levels of immigration officers of the
Commission nationwide in accordance with the number of arrivals in each port of
entry as determined by the Board: Provided, That for every three hundred (300)
passengers there shall be one (1) immigration officer in an eight-hour shift;


(0) Exercise disciplinary authority over personnel of the Commission
charged with less grave and light administrative offenses, in accordance with the
Revised Rules on Administrative Cases in the Civil Service (RRACS): Provided, That
the disciplinary authority over those charged with grave administrative offenses
under the RRACS shall belong to the Secretary of the DOJ;

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

(qa) Prescribe, with the concurrence of the Board, the appropriate forms,
bonds, reports, entries and other papers in accordance with this Act; and

(r) Perform such other functions and exercise such other powers inherent
to the functions of the Commission.

SEC. 12. Appointment and Rank of Deputy Commissioners. — There
shall be two (2) Deputy Commissioners who shall be appointed by the President.
They shall have the same rank, salary and privileges of an Assistant Secretary of a
Department.

SEC. 13. Duties of Deputy Commissioners. —In addition to their duties
as members of the Board, the Deputy Commissioners shall supervise a minimum of
two (2) Directorates and one (1) regional office each as determined by the
Commissioner.

SEC. 14. Creation of Positions andCompensation for Co-Terminus
Officials and Employees. - The following co-terminus positions with the
corresponding salary grades are hereby created:

____ POSITION SALARY GRADE |

Head Executive Assistant ry |

cutive Assistant VI __ “25 |

cutive Assistant V ee = 24 |
Executive Assistant IV - 22_

CHAPTER 4
THE BOARD SECRETARY

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

SEC. 16. Powers and Duties. - The Board Secretary shall:

(a) Attend in and take minutes of all meetings of the Board;

(b) Prepare the agenda for the deliberation of the Board on visa
application;

(c) Prepare the agenda for the deliberation of the Board on deportation
cases, as endorsed by a Member of the Board after initial review;

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

(e) Keep and manage all records of the deliberations of the Board;


(f) Advise the members of the Board on all matters relative to compliance

> with relevant laws and requirements of regulatory authorities; and

1 (g) All other functions as may be directed by the Board.

‘ CHAPTER 5

7 THE BOARDS OF SPECIAL INQUIRY

> SEC. 17. Constitution of the Boards of Special Inquiry. - There shall be

10 constituted as many Boards of Special Inquiry (BSI) as required in the exigency of
11 service but not more than twelve (12). Each Board shall be composed of a
12. Chairperson and two (2) members. The Overall Chairperson of the BSI shall sit as
13. the Chairperson of the First Board of the BSI. The BSI shall be designated according
14 to their areas of specializationto be determined by the Board.

16 SEC. 18. Appointment and Qualification of the Chairpersons and
17 Members of the BSI. - The Chairpersons and members of the BSI shall be
18 appointed by the Commissioner, all of whom shall be natural-born citizens of the
19 Philippines and, at the time of their appointment, at least thirty (30) years of age,
20 members of the Philippine Bar in good standing, and engaged in the practice of law
2i for at least three (3) years.

B SEC. 19. Powers and Functions of the BSI. - The BSI shall:

24

25 (a) Recommend to the Board for final resolution cases and applications
26 relative to:

27 (1) Deportation;

28 (2) Revocation of immigration status;

29 (3) Recognition of Philippine citizenship by reason of birth or
30 marriage;

31 (4) Legalization of residence in accordance with law; and

32 (5) Issuance of visas to stateless persons.

33

34 (b) Issue subpoena in cases being heard by the BSI;

35

36 (©) __ In the exercise of its quasi-judicial functions, cite and punish persons

37 for contempt in accordance with the Rules of Court;

38

39 (d) Recommend to the Board the imposition, waiver or reduction of fees,
40 fines, penalties and other charges subject to existing laws, rules and regulations;

41

2 (e) Administer oaths;

“a (fF) Promulgate rules and regulations governing matters within its assigned
44 mandate subject to the approval of the Board; and

45

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

48

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

so behalf of any party before the BSI.
33


SEC. 21. Resolutions of the BSI.- Cases before the BSI shall be resolved
within five (5) working days from the date the cases are submitted for resolution.
The resolution of the BSI shall be submitted immediately to the Board for action.

SEC. 22. Creation of Positions; BSI. - The following positions with the
corresponding salary grades are hereby created under the BSI:

- POSITION ____| SALARY GRADE __|
Special Inquiry Officer 1 25 |
[Special Inquiry Officer I 24
CHAPTER 6

DIRECTORATES AND OTHER OPERATING OFFICES OF THE COMMISSION

SEC. 23. Directorates and Other Operating Offices of the
Commission. — The Commission shall have the following directorates and other
operating offices,namely:

A.Directorates:

(1) Administration;

(2) Finance and Logistics;

(3) Information and Communications Technology;
(4) Planning and Research;

(5) Alien Registration;

(6) Immigration Regulation;

(7) Intelligence;

(8) Law Enforcement;

(9) Operations;

(10) Legal Affairs; and

(11) Human Resource Management and Development

B.Regional Offices that shall be created by the Board according to
political oradministrative regions.

C.Districts:
(1) Major Airports; and
(2) Seaports

SEC. 24. Heads of the Directorates and Other Operating Offices. —
Each Directorate shall be headed by a Director with a Salary Grade of 28: Provided,
That the Director for Legal Affairs shall be a member of the Philippine Bar in good
standing who must have been engaged in the practice of law for at least three (3)
years, and that the Director for Finance and Logistics shall be a Certified Public
Accountant in good standing for at least three (3) years. The Regional Offices shall
be headed by a Regional Director with a Salary Grade of 27, while the District
Offices shall be headed by a District Supervisor with a Salary Grade of 26.

SEC. 25. Duties and Functions of the Directorates and Other
Operating Offices. - The different directorates and other operating offices of the
Commission shall have such number of officers and employees as may be
determined by the Board to ensure the effective performance of their respective
mandates.

CHAPTER 7
IMMIGRATION OFFICERS


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SEC. 26. Immigration Officers, Immigration Inspectors and Immit

duties and functions. No person shall be appointed to the position of Immigration
Officer, Immigration Inspector or Immigration Agent unless such person meets the
qualification standards set by the Commission, which shall include the following
determinative factors in setting said qualification standards for each position:

a) Educational Attainment
b) Civil Service Eligibility
c) Relevant Experience
d) Training

(1) Basic

(2) Advanced

(3) Executive

e) Agility

SEC. 27. Powers and Functions of Immigration Officers. - The
Immigration Officers shall have the following powers and functions:

(a) Examine, with the assistance and advice of medical authorities in
appropriate cases, foreign nationals at the port of entry concerning their
admissibility to enter and their qualifications to remain in the Philippines;

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

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

(d) Search for foreign nationals on any vessel believed to be used to
illegally bring foreign nationals into the Philippines, and to take into custody without
warrant any foreign national who in one’s presence or view is entering or is about
to enter the Philippines in violation of immigration and related laws, rules and
regulations;

(e) Act as control officer with authority to prevent the departure of
passengers who do not comply with duly published departure requirements;

(f) Detect and report violations of the immigration and registration laws
and, in appropriate cases, take the required necessary action upon the instructions
of the Commissioner, including monitoring the status of non-immigrants to prevent
overstaying;

(g) Detect and report subversive activities of aliens in the interest of
national security;

(h) Investigate any case at the instance of the Commissioner and submit
the required reports;

(i) Report on the activities of aliens inimical to national interest with a
view to taking appropriate action in accordance with law;

(j) Locate, conduct surveillance operations against and arrest foreign
nationals who violate or are in violation of immigration laws, rules and regulations;


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(k) Provide actionable operational, tactical, and strategic intelligence to
the operating units;

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

(m) Coordinate with other local and international law enforcement agencies
in the gathering of intelligence information related to immigration law violations;

(n) Conduct counter intelligence operations;

(0) Enforce the immigration laws relating to the exclusion, deportation and
repatriation of aliens;

(p) Take charge of the physical detention of aliens pending their exclusion,
deportation or repatriation;

(q) Attend to the deportation of aliens;

(1) Monitor all arriving and departing suspected terrorists, drug couriers
and members of crime syndicates;

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

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

(u) Investigate and escort from ports of entry intercepted passengers who
are found in possession of spurious travel documents;

(v) Implement Warrants of Deportation (WOD) and Mission Orders
involving foreign nationals who violate or are in violation of immigration laws, rules
and regulations; and,

(w) Perform such other functions as may be assigned by the Commissioner
from time to time.

Qualified Immigration Officers, Immigration Inspectors and Immigration
‘Agents with the requisite training and experience may be assigned to the
Intelligence, Law Enforcement or Operations Directorates depending on the
exigencies of the Commission, The Board may, in the exigencies of service,
designate certain duties and responsibilities listed in this section to other officers
and employees in the Intelligence, Law Enforcement or Operations Directorates in
an acting capacity: Provided, That such designation shall not exceed a period of one
(1) year.

SEC. 28. Deployment of Immigration Personnel Abroad. - Within
ninety (90) days from the effectivity of this Act, the Secretary of the Department of
Foreign Affairs (DFA) and the Commission shall promulgate the implementing rules
and regulations on the assignment and deployment of immigration personnel to
select consular posts abroad who shall, subject to the pertinent provisions of
Republic Act No. 7157 or the “Philippine Foreign Service Act of 1991”, perform
immigration duties, except diplomatic and consular functions.

CHAPTER 8
PLANNING AND RESEARCH


SEC.29. Immigration Research Specialist. - No person shall be
appointed to the position of Immigration Research Specialist unless such person
meets the qualification standards set by the Commission. The Immigration
Research Specialists shall perform the following duties:

(a) Formulate and implement the Bureau's planning programs, projects
and processes;

(b) Facilitate and organize Commission-wide strategic planning sessions;
(c) Conduct workload assessment and forecasting;

(d) Provide assistance to the Commission in the implementation and
establishment of a risk management process;

(e) Implement a monitoring feedback measurement and evaluation
system for the implementation of projects and programs;

(f) Represent the Commission in meetings relating to Planning and
Research; and

(g) Perform such other tasks as may be directed by the Commissioner.
SEC. 30. Creation of Positions; Directorate for Planning and Research.
- The following positions with the corresponding salary grades are hereby created:

____ POSITION _ SALARY GRADE |
Chief Immigration Research Specialist____ 28 |
Supervising Immigration Research Specialist 25 }
Immigration Research Officer 111 _ | 23
| Immigration Research Officer II _ __ | 21
Immigration Research Officer I - 7 -
Immigration Research Assistant _ 15
CHAPTER 9

HUMAN RESOURCE MANAGEMENT AND DEVELOPMENT

SEC. 31. Human Resource Management Officer. - _No person shall be
appointed to the position of Human Resource Management Officer unless such
person meets the qualification standards set by the Commission. The Human
Resource Management Officers shall perform the following duties:

(a) Develop and execute human resource strategies in support of the
overall plan and strategic direction of the Commission especially in the areas of
selection, hiring and promotion;

(b) Design employee training modules;

(c) Develop comprehensive strategic recruiting and retention plans to
meet the human capital needs of strategic goals;

(d) Oversee the recruitment, selection and promotion of employees;

(e) Prepare schemes to strengthen the relationship between management
and employees;


(f) Set qualification standards and implement competency-based hiring
and promotion policies;

(g) Set performance standards for the employees of the Commission in
order to meet the objectives, plans and programs of the Commission; and

(h) Perform such other tasks as may be directed by the Commissioner.

SEC. 32. Creation of Positions; Directorate for Human Resources
Management and Development. - The following positions with the corresponding
salary grades are hereby created under the Directorate for Human Resources
Management and Development:

_ ____ POSITION. ____T SALARY GRADE
Chief Human Resource Management Officer 28
Supervising Human Resource Management Officer | 25
HR Management Officer III _ _ 23
HR Management Officer IT _ 21
"HR Management Officer] _ “17
HR Management Assistant _ 15 |

CHAPTER 10
CAREER DEVELOPMENT PATTERN

SEC.33. Career Development. The Commission shall:

a) Establish and strengthen the Philippine Immigration Academy which
shall be under the control and supervision of the Commissioner;

b) Create a continuing program to enhance the knowledge, skills and
competence of Immigration Officers, Immigration Inspectors,
Immigration Agents and other personnel through a career
advancement training and education prior to their promotion; and

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

CHAPTER 11
OTHER OPERATING OFFICES

SEC. 34, Field Offices of the Commission. — The Commission shall
operate and maintain a field office in each of the administrative regions including
the National Capital Region.

SEC. 35. Changes in the Composition, Distribution and Assignment of
Field Offices. - The Commissioner may make changes in the composition,
distribution and assignment of field offices, as well as its personnel, based on the
demographics of foreign nationals and as the exigency of the service requires

SEC. 36. Border Control Stations. -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.

TITLE IIT
IMMIGRATION


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CHAPTER 1
NON-IMMIGRANTS

SEC. 37. Categories of Non-immigrants and Types of Visa Issued. -
Foreign nationals departing from any place outside the Philippines who are
otherwise admissible and who qualify under any one of the following categories may
be admitted as non-immigrants:

(a) Temporary visitors (A Visas):Visitors coming to the Philippines for a
temporary period for reasons of business, pleasure or health:

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

(2) Pleasure (A-2 Visa): Temporary visitors who stay in the Philippines for
holiday, including sightseeing, recreation or visiting relatives; and

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

(b) Transit Persons (B Visa): Persons passing through the Philippines
solely for a “stop over” who have confirmed connecting flights to another country or
passengers in immediate and continuous transit to destinations outside the
Philippines;

(c) Crew members (C Visa): Members of the crew of vessels required for
the normal operation and servicing of the vessels who come to the Philippines
temporarily as part of their jobs, either arriving with or coming to join the vessels;

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

Citizens from a country that has an investor treaty with the Philippines,
including their family members, and who come to work in the Philippines for a
business they own or one that is at least fifty percent (50%) owned by nationals of
their home country and which business is supported by a substantial investment
from nationals of their home country shall be granted a D-2 visa;

(e) Accredited Foreign Government Officials, their Families and Household
Member (E Visas): Foreign government officials, their families and household
members coming to the country for official purpose, pursuant to international
conventions and bilateral agreements, shall be granted E Visas, divided into four
(4) types, namely:

(1) Persons eligible for E-1 Visa: The E-1 Visa shall be issued to the
following classes of foreign nationals:
i. Heads of State and/or Heads of Government and their personal
representatives;



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

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

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

v. Presiding officers of national legislative bodies;

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

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

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

ix.Accompanying spouses and unmarried dependents of foreigners
within the abovementioned categories;

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

This category includes, inter alia, the following classes of foreign
nationals:

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

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

iii, Accompanying spouses and unmarried dependents of foreigners
within the abovementioned categories;

(3) Persons eligible for E-3 Visa: The E-3 visa shall be issued to an official
of a foreign government recognized by the Philippines and who is a
national of the country whose government such official represents,
and is proceeding to the Philippines on a short-term basis in
connection with official business for such foreign official's
government.

This category includes, inter alia, the following classes of foreign
nationals:

i. Diplomatic couriers regularly and professionally employed as
such;

ii. All members of official special missions of a diplomatic
character;

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

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

(4) Persons eligible for E-4 Visa: The E-4 Visa shall be issued to the
private employees and household members of persons to whom E-1
and E-2 visas have been granted, as well as their immediate
dependents;


All types of visas enumerated in Section 37(e) of this Act shall be exclusively
issued and renewed by the DFA, which shall also determine the type of E-Visa to be
issued to Foreign Government Officials not identified in the foregoing lists. The
grant of immunities and privileges shall be subject to applicable domestic and
international law and international agreements to which the Philippines is a party,
with due consideration to the principle of reciprocity.

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(f) Students (F Visa): Foreign students having means sufficient for their
9 support and education in the Philippines who seek to enter the Philippines
10 temporarily for the sole purpose of taking up a course of study higher than high
11 school in a university, seminary, academy or college accredited to admit such
12 foreign students by the Commission on Higher Education (CHED), in coordination
13 with the Commission;

14

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

20

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

27

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

32

33 (1) Persons eligible for I-1 Visa: The I-1 Visa shall be issued to the principal
34 officials of accredited international organizations, as well as their
35 accompanying spouses and dependents;

36 (2) Persons eligible for I-2 Visa: The I-2 visa shall be Issued to the other
37 officials and staff of accredited international organizations, as well as
38 their accompanying spouses and dependents;

39

40 (3) Persons eligible for I-3 Visa: The I-3 visa shall be issued to officials and
41 staff of accredited international organizations who will perform short-
2 term official work with the accredited international organization upon its
4B invitation; and

44

45 (4) Persons eligible for I-4 Visa: The I-4 Visa shall be issued to the private
46 employees and household members of persons to whom I-1 and 1-2
47 visas have been granted, as well as their immediate dependents.

48

49 Accredited international organizations include any public international

50 organization engaged in activities of which the Philippines participates pursuant to
51 any treaty or under the authority of any act of the Congress of the Philippines
52 authorizing such participation or making an appropriation for such participation and
3 such other international organizations, institutions, agencies, programs, foundations
‘4 and entities which are recognized by the government of the Republic of the


Philippines, including those existing and already recognized as such at the time of
the effectivity of this Act.

All types of visas under Section 37(i) of this Act shall be exclusively issued
and renewed by the DFA, which shall also determine the type of I Visa of officials
and staff of International Organizations who are not identified in the foregoing list.
The grant of immunities and privileges shall be subject to applicable domestic and
international law, relevant Headquarters Agreements, and international agreements
to which the Philippines is a party.

(Gj) 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 joining 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;

(I) Refugees (L-1 Visa) and Stateless Persons (L-2 Visa): Refugees as
defined in Section 3 (u) 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 may be prescribed, shall be issued L-2 Visa;

(m) Bridging Visa (M Visa): A temporary visa which allows a foreign
national to stay in the Philippines after the expiration of the current visa, other than
temporary visitor visa under Section 37(a), and while an application for adjustment
of status is being processed.

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

CHAPTER 2
IMMIGRANTS

SEC. 38. Quota Immigrants.—Subject to the conditions set forth in this
‘Act, there may be admitted into the Philippines, immigrants, otherwise known as
“quota immigrants”, not to exceed two hundred (200) of any one nationality 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 shall be observed:

(a) First Preference: Those whose service and qualifications show high
educational attainment, technical training, specialized experience, or exceptional
ability in the sciences, arts, professions, or business as would reasonably enhance
and contribute 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;

(©) 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. 39. Allotment of Quota. — The Commissioner shall, with respect to
the first preference, allot not more than fifty percent (50%) of the annual quota
allotment up to the end of June each year: Provided, That if the fifty percent (50%)
is not utilized by the first preference, the balance thereof shall be given to the
second, third, and fourth preferences in accordance with Section 38 of this Act. Any
unused quota allotment for a calendar year shall not be carried over and utilized for
the ensuing calendar year.

SEC. 40. Basis in Determination of QuotaAllotment. — The nationality of
immigrants whose admission is subject to the numerical limitation imposed by
Section 38 of this Act shall be that of the country of which the immigrant is a
national or a citizen. The nationality of immigrants possessing dual nationality may
be either of the two countries regarding them as a national or citizen if they apply
for a visa in a third country. If such immigrants apply for a visa in one of the two
countries regarding them as a national or citizen, their nationality shall be that of
the country in which they filed their application for a visa to enter the Philippines.

SEC. 41. Non-Quota Immigrants. — The following immigrants, known as
“non-quota immigrants”, may be admitted without regard to numerical limitation
and immigration reciprocity:

(a) The spouse of a Philippine citizen: Provided, That abandonment by the
foreign spouse, the failure to give support by the foreign spouse to the Filipino
spouse and family, and the legal separation or termination of the marital status by
annulment, declaration of 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
coming to join the mother who applies for admission within five (5) years from the
birth of the child;

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

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

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


(9) Spouse, parent, children, legitimate siblings of a foreign national who
is gainfully employed and holder of a permanent resident status for a period of
seven (7) years.

CHAPTER 3
NATIVE-BORN FOREIGN NATIONAL

SEC. 42. Status of Children Born to Immigrants. — A child born in the
Philippines to parents who are foreign nationals and lawful residents of the
Philippines shall be deemed a native-born permanent resident.

SEC. 43. Status of Children Born to Non-immigrants. -A child born to
parents who are both non-immigrants shall be deemed a native-born non-
immigrant or temporary resident and may remain in the Philippines only during the
period of authorized stay of the parents, unless the child reaches the age of
eighteen (18) years while continuously residing in the Philippines, in which case
such child may apply for naturalization under existing laws or for an appropriate
visa.

CHAPTER 4
ADJUSTMENT OF STATUS

SEC. 44. 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 is immediately available to the foreign national
at the time of application, without the need of first departing from the Philippines.

In all such cases, the personal appearance of the foreigner shall be required
during the consideration of the application.

SEC. 45. Effect of Approval on Application for Adjustment. — Upon the
approval of an application for adjustment of status under the preceding section, the
Commissioner shall record the foreign national’s lawful admission as a permanent
resident as of the date of the approval of the application and shall be included as
part of the quota for the calendar year in accordance with Section 38 of this Act.

SEC. 46. Adjustment of Status, When Not Allowed. — Adjustment of
status under this Act shall not be applicable to:

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

(b) transients.

SEC. 47. Loss of Status. - A registered foreign national, except a
temporary visitor, who fails to return to the Philippines within a period of one (1)
year from departure shall lose the status granted under Title III of this Act. Such
foreign national may apply for an extension of the period within which to return


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

CHAPTER 5
DOCUMENTATION AND ADMISSION OF NON-IMMIGRANTS

SEC. 48, Documentary Requirements of Non-immigrants.-Non-
immigrants must present for admission into the Philippines valid passports issued
by the governments of the countries to which they owe allegiance or other travel
documents showing their nationality and identity as prescribed by regulations, a
valid visa granted by the Philippine Consular Officer, if required, and such other
relevant documents as may be required under existing laws, rules, regulations, or
multilateral or bilateral agreements.

SEC. 49. 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 37(a)of this Act shall not exceed fifty-nine (59)
calendar days from the date of arrival, subject to bilateral, regional and multilateral
visa agreements entered into by the Philippines: Provided, That the conditions for
extensions and total period of authorized stay shall be prescribed by the
Commissioner: Provided, further, That during the foreign national’s authorized stay,
such foreign national: (a) shall not take any employment, whether paid or unpaid;
(b) shall not establish or join in any business; and (c) shall not enroll or become a
student at a school, college, university, academy, or other educational institution,
unless granted, upon proper application, a conversion to another immigration
status provided under this Act.

SEC. 50. Conditions for Issuance of Pre-Arranged Employment
Visas.—A foreign national who is coming to the Philippines for prearranged
employment shall not be issued a non-immigrant visa referred to in Section 37(g)
until the Consular Officer shall have received authorization from the Board 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 the admission would be beneficial to the public
interest. The petition shall be under oath by the prospective employer or the latter’s
representative in the form and manner prescribed by the Board.

If the Board finds that the petition complies with the requirements of the
preceding paragraph and of other regulations, it shall grant the petition and shall
promptly transmit the authorization to the DFA.

SEC. 51. 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 in 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 contain the appropriate visa granted by the Consular
Officer.

SEC. 52. 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, when required by the immigration
authorities, to detain such crewmember on board after inspection or to remove such
crewmember. No crewmember on board such vessel shall be discharged while the
vessel is in port without the permission of the Commissioner.

SEC. 53. Permission for Temporary Landing of a Foreign
Crewmember. — A foreign crewmember on a vessel arriving in the Philippines
may be permitted to land temporarily under such conditions as may be prescribed
by the Commissioner. All expenses incurred by the Commission while the
crewmember is on land shall be borne by the master, captain, agent, owner or
consignee of the carrying vessel.

CHAPTER 6
DOCUMENTATION AND ADMISSION OF IMMIGRANTS

SEC. 54. Documentary Requirements of Immigrants; Instances When
Not Required. — Immigrants must present for admission into the Philippines valid
passports or travel documents issued by the government of the country to which
they owe allegiance, showing their nationality and identity and valid immigrant
visas indicating the date of issue and the period of validity thereof. Immigrant visas
shall not be required of the following:

(a) A child born subsequent to the issuance of a valid immigrant visa to
the accompanying parent;

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

(©) A foreign national who is returning to an unrelinquished lawful
permanent residence in the Philippines after a temporary residence abroad and
presents for admission a valid re-entry permit.

CHAPTER 7
VISA ISSUANCE

SEC. 55. Nature of Visa. — Nothing in this Act shall be construed to
automatically entitle any foreign national to whom a visa or other travel document
has been issued to enter the Philippines if, upon arrival at a port of entry, such
foreign national is found to be inadmissible under this Act or any other law.

SEC. 56. Visa Policy. - The policies governing the issuance, extension,
renewal and conversion of visas referred to in this Actshall be jointly formulated by
the Commission and theDFA and, when appropriate, in consultation with concerned
government agenciesand offices.

SEC. 57. Visa Issuance Abroad. - All visas issued abroad shall be done by
Consular Officers assigned at Philippine Foreign Service posts in the following
manner:

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


(b) The DFA, through its Consular Office abroad or the Office of the Visa
Director, shall approve the issuance of non-quota immigrant and non-immigrant
visas to a foreign national who has made a proper application therefor.

The issuance of special non-immigrant visas falling under the jurisdiction of a
particular government office or agency can only be done in coordination with and
upon recommendation of the government agency or office concerned.

SEC. 58. Requirements for Physical and Mental Examination Prior to
Issuance of Immigrant Visa. -Prior to the issuance of an immigrant visa to any
foreign national, the Consular Officer shall require such person to submit to a
physical and mental examination in accordance with such regulations as may be
prescribed by the Commissioner.

SEC. 59. Visa Validity Period. — A single-entry 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 three (3) months: Provided,That in
prescribing the validity period of a single-entry non-immigrant visa, the Consular
Officer may allow a longer validity period based on reciprocity as accorded by the
foreign country to citizens of the Philippines who are within a similar class.

‘An immigrant visa may be replaced under the original number during the
calendar year in which the original visa was issued to a foreign national who
establishes to the satisfaction of the Consular Officer that the original immigrant
visa was not used during the period of its validity for reasons beyond the visa
holder's 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. — The Consular Officer may deny the
application for visa if: (a) it appears from the statements in the application or in the
documents submitted that the applicant is not eligible for a visa under this Act; or
(b) the applicant 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 by the DFA, revoke the
visa issued by any Consular Officer. If the notice of revocation is not received and
the visa holder applies for admission into the Philippines, the admission or entry of
the foreign national shall be determined by the Immigration Officer upon arrival at
the port of entry.

CHAPTER 8
RE-ENTRY AND EMIGRATION CLEARANCE

SEC. 62. Re-entry. — In all instances when a registered foreign national,
except a temporary visitor, departs or is about to depart temporarily from the
Philippines with the intention to return within one (1) year from departure, the
foreign national must secure from the Commission a re-entry permit or, if the
authorized stay is less than one (1) year, a Special Return Certificate, and pay the
corresponding fees and charges therefor.

SEC. 63. Emigration Clearance. - A registered foreign national who
departs permanently from the Philippines shall surrender all Philippine immigration
documents to the Commission and apply for and be issued an Emigration Clearance
Certificate, subject to the following conditions:

(a) The immigrant has no pending obligation with the government or an
of its agencies or instrumentalities;


(b) The immigrant has no pending criminal, civil, or administrative
proceeding which requires continued presence in the country; and

(c)_ There is no ongoing legislative inquiry where the immigrant is called
upon to testify as a witness.

A temporary visitor departing from the Philippines shall, after the expiration
of the initial authorized stay, apply for emigration clearance with the Commission
and pay the prescribed fees and charges therefor.

CHAPTER 9
PRESIDENTIAL PREROGATIVES

SEC. 64. Presidential Prerogatives. — Any provision of this Act to the
contrary notwithstanding, the President may:

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

(b) waive passport or documentary requirements for non-immigrants and
immigrants under such terms and conditions as may be prescribed;

(c) change the status of non-immigrants by allowing them to acquire
permanent residence status without necessity of a visa;

(d) deport any foreign national, subject to the requirement of due
process;

(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 may be prescribed;

(f) prohibit the departure from the Philippines of any person who is likely
to disclose information affecting national security, or who is likely to organize a
rebellion abroad against the Philippines, or whose presence in the country is
necessary to face, or be a witness in, criminal proceedings; and

(g) exercise, with respect to foreign nationals in the Philippines, such
powers as are recognized by the generally accepted principles of international law.

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 foreign nationals may
be admitted into the Philippines. Only such classes of foreign nationals as provided
under the rules and regulations prescribed by the Commissioner may be admitted
at limited ports of entry. The Commissioner may, after due notice to the public,
close designated ports of entry in the interest of national security or public safety.


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CHAPTER 2
PROCEDURES ON ARRIVAL

SEC. 66. Inspection by Immigration Officer. — A foreign national seeking
admission or readmission shall present a 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 on any ground
provided in this Act. The final determination on the admissibility of such foreign
national shall be determined by the Commissioner within forty-eight (48) hours in
case no resolution is reached between the Immigration 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 foreign national arriving at any port in the Philippines
belongs to any of the classes excludable under this Act by reason of being afflicted
with any of the contagious or communicable disease or mental disorder as set forth
under Section 78(a) of this Act, or when the Commissioner has received information
showing that a foreign national comes 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 immigration and medical
officers to subject such person to observation and examination.

SEC. 68. Medical Examination Requirement. - An arriving foreign
national whom the examining Immigration Officer believes to belong under the
class of excludable foreign nationals specified in Section 78(a) of this Act shall be
referred to designated medical officers for physical and mental examination. Such
medical officer shall certify the findings of the examination for the information of
the Immigration Officer.

SEC. 69.Arrival Notice Requirements of Vessel. - 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 it. Such prior
notice shall not be required in the case of vessels with scheduled arrivals filed with
the Immigration Officer in charge at the international port of entry.

If, upon arrival in any area other than the designated port and there is no
available Immigration Officer therein, the master, pilot, captain, agent or consignee
shall not allow the passengers and crew members to disembark or leave the
primary inspection area until the Immigration Officer shall have conducted the
primary inspection formalities.

SEC. 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) Duly visaed crewlist;

(c) Passenger manifest;

(d)Port of last departure;

(e) International port of intended destination, or other place authorized by
the Commissioner;

(f) Estimated time of arrival; and


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

CHAPTER 3
FOREIGN CREWMEMBER

SEC. 71.Conditional Permit to Disembark. — A foreign crewmember of a
vessel under Section 37(c) of this Act may be granted a conditional permit, in a
form prescribed by regulations, to disembark temporarily from the vessel on which
such crewmember arrived while the vessel remains in port under such terms and
conditions as may be prescribed by the Commissioner.

SEC. 72. Confiscation and Cancellation of Permit; Deportation from
the Philippines.—Upon the determination that the foreign national is not a bona
fide crewmember or does not intend to depart on the same vessel, the
Commissioner shall cancel and confiscate the conditional permit already issued,
take such foreign national into custody, and require the owner, operator, captain,
master, pilot, agent or consignee of the vessel on which the foreigner arrived to
receive and detain the foreigner on board. The expenses for removal of the foreign
national, including the cost of detention and other expenses incidental thereto, shall
be borne by the owner, operator, captain, master, pilot, agent or consignee of such
vessel.

SEC. 73.Liability of Overstaying Foreign Crewmember.—A foreign
crewmember who willfully remains in the Philippines beyond the period allowed in
the conditional permit issued shall be solidarily liable with the owner, operator,
captain, master, pilot, agent or consignee of the vessel to pay the fines prescribed
in Section 1210f this Act.

SEC. 74. Liability for Unauthorized Discharge of Foreign
Crewmember. — It shall be unlawful for any person, including theowner, operator,
captain, master, pilot, agent or consignee of any vesselto discharge any foreign
crewmember employed by a vessel arriving in the Philippines and while in port,
without first obtaining the prior permission of the Commissioner. Otherwise, such
person or owner, operator, captain, master, pilot, agent or consignee of the vessel
shall pay the fine prescribed under this Act. No vessel shall be granted clearance
from any port in the Philippines while such fines remain unpaid or while the validity
thereof is being determined: Provided,That 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 foreign nationalsand any information that shall result in
their apprehension.

SEC. 76. Requirement for Submission of List of Newly Employed,
Discharged and Illegally Landed Foreign Crewmember. — Prior to the
departure of any vessel from the last port in the Philippines destined to any place
outside thereof, the owner, operator, captain, master, pilot, agent or consignee
thereof shall deliver to the Immigration Officer at that port a list containing:

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


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

(©) The names of those who have deserted or illegally landed at
that port, if any; and

(d) Such other additional information as the Commissioner deems
necessary.

SEC. 77. Liability for Failure to Submit Complete, True and Correct
Report of Foreign Crewmember. — The owner, operator, captain, master, pilot,
agent, or consignee who fails to submit a true and complete list or report of foreign
crewmembers or to report cases of desertion or illegal landing shall be subject to a
fineprescribed underSection 117 of this Act. No vessel shall be granted clearance
from any port in the Philippines while such fines remain unpaid or while the validity
thereof is being determined: Provided, That clearance may be granted prior to such
determination upon deposit of a sum or cash bond sufficient to cover such fines as
approved by the Commissioner.

CHAPTER 4
EXCLUSIONS

SEC. 78. Exclusion Grounds. - The following classes of foreign national shall not
be allowed entry and shall be excluded from the Philippines:

(a) Health Related Grounds

1.Those who are found to be suffering from a communicable,
dangerous or contagious disease, unless excepted under existing
laws, rules and regulations;

2.Those who are found to be suffering from mental disorder or
associated behavior that may pose a threat to persons or danger to
property;

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

(b) | Economic Grounds
1.Those likely to become a public charge;
2.Those seeking entry for the purpose of performing skilled or
unskilled labor, without a permit from the Secretary of the
Department of Labor and Employment as required by law;

(©) Moral Grounds

1.Those coming to the Philippines to practice polygamy or who
advocate the practice of polygamy unless the person’s religion
allows such practices;

2.Those who are pedophiles, sexual perverts or those coming to
thePhilippines 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
orin 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 employee of the
Commission;

(a) Criminal and Security Grounds
1,Those who have been convicted of a crime involving moral turpitude
‘or who admit to the Immigration Officer having committed such
crime, or who attempt and conspire to commit the crime;


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

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

4.Those who are fugitives from justice;

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

a. Espionage or sabotage, or a violation or evasion of any law
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;

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

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

9. Those who have been identified by competent authorities, local and
foreign, as having engaged or are engaging in importation of
contraband and other prohibited articles into the country.

SEC. 79. Temporary Custody of Excludable Foreign Nationals. — For
the purpose of ascertaining whether a foreign national arriving in the Philippines
belongs to any of the excludable classes of foreign national provided for in this Act
or related laws, the Immigration Officer, for a period not exceeding seventy-two
(72) hours, may temporarily take into custody for investigation such foreign
national either on board the vessel or at a place designated for the purpose at the
expense of the master, captain, agent, owner or consignee of the carrying vessel.

SEC. 80. Finality of Exclusion Order.— An order by the Immigration
Officer to exclude a foreign national who is excludable under this Act is final and
executory unless revoked by the Commissioner upon a timely appeal prior to the
implementation of the exclusion order.

SEC. 81. Authority to Waive Grounds for Exclusion. — Except for
grounds of exclusion under Section 78(d), subparagraphs 1 to 7 and 9, the
Commissioner may waive any of the grounds for exclusion mentioned in Section 78
of this Act.

SEC. 82. Procedure of Removal and Cost Thereof. - Foreign nationals
arriving in the Philippines who are ordered excluded shall be immediately removed
in the same accommodation to the country where they boarded the vessel on which


they arrived, unless the Commissioner determines that immediate removal is not
proper and practicable, in which case such excluded foreign nationals shall be
ordered detained. The cost of detention and other expenses incidental thereto shall
be borne by the owner, operator, master, pilot, captain, agent or consignee of the
vessel on which such foreigners 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, theremoval of the foreign national shall be directed, at the
Commissioner's discretion, to any of the following:

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

(d) The country willing to accept the foreign national into its territory, if
removal to any of the foregoing countries is impractical or impossible.

SEC. 84, Obligation of Owner, Operator, Master, Captain, Pilot, Agent
or Consignee. — It shall be unlawful foran owner, operator, master, captain, pilot,
agent, or consignee of a vessel to refuse or fail to:

(a) Board a foreign national ordered excluded and removed in the same
vessel or another vessel owned or operated by the same company;

(b) Detain a foreign national on board any such vessel at the port of
arrival when required by this Act or when so ordered by an Immigration Officer;

(c) _ Deliver a foreign national for medical or other examinations when so
ordered by an Immigration Officer;

(d) Remove a foreign national from the Philippines to the country to which
the individual's removal has been directed; or

(e) Pay the cost of detention and other expenses incidental thereto
incurred while the excluded foreign national is being detained as required by
Section 83 of this Act or other costs necessary or incidental to his removal as
provided in this Act.

SEC. 85. Penalty for Non-compliance of Obligation. — The owner,
operator, master, captain, pilot, agent, or consignee of a vessel who violates
Section 84 of this Act shall pay the fines prescribed in Section 118 ofthis Act. No
vessel shall be granted clearance from any port in the Philippines while such fines
remain unpaid or while the validity thereof is being determined: Provided,That
clearance may be granted prior to such determination upon deposit of a sum or
cash bond sufficient to cover such fines as approved by the Commissioner.

TITLE V
DEPORTATION

CHAPTER 1
DEPORTABLE FOREIGN NATIONALS


SEC. 86. Classes of Deportable Foreign Nationals.-The following
foreign nationals shall be taken into custody upon the order of the Commissioner
and deported upon recommendation by the BSI and approval by the Board:

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

(b) | Those who were not lawfully admissible at the time of entry;

(c) Those who abet or aid in the practice of prostitution, including the
owner or manager of a prostitution den, or who are pedophiles;

(d) Those who, at any time after the date of entry, have become a public
charge;

(e) Those who remain in the Philippines in violation of any period of
limitation or condition under which they were admitted;

(f) Those who believe in, advise, advocate or teach the overthrowing by
force and violence of the Government of the Republic of the Philippines or any duly
constituted authority, or those who do not believe in or are opposed to organized
governments, or those who advise, advocate or teach the assault or assassination
of public officials, or those who advise, advocate or teach the unlawful destruction
of property, or those who are members of or affiliated with any organization
entertaining, advocating or teaching such doctrines, or those who, in any manner
whatsoever, extend assistance, financial or otherwise, in the dissemination of such
doctrines;

(g) Those who, at any time after entry, engage in, abet, aid or finance any
terrorist activity;

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

(i) Those who, at any time after entry, are convicted by final judgment of
a crime involving moral turpitude punishable under Philippine penal laws;

(j) Those who were admitted as non-immigrants and who obtained an
adjustment of their admission status for convenience, or through fraud, falsification
of documents, misrepresentations or concealment of material facts;

(k) Those who violated Philippine labor and taxation laws, rules and
regulations;

(1) Those who are found to be undesirable and whose further stay in the
Philippines is inimical to public welfare and interest, to the dignity of Filipinos, or to
the Republic of the Philippines as a sovereign nation;

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


(n) Those whose presence or activities in the country may result in
adverse consequences to Philippine foreign policies as determined by the Secretary
of Foreign Affairs;

(0) Those who misrepresented themselves as Filipino citizens in all
immigration matters; and,

(p) Those who commit any violation of the provisions of this Act,
independent of any criminal action which may be brought against them: Provided,
That in case of a foreign national who, for any reason, is convicted and sentenced
to suffer both imprisonment and deportation, said foreign national shall first serve
the entire period of the sentence before being deported.

SEC. 87. Non-PrescriptionofDeportation Cases. -The right of the State
to initiate deportation proceedings shall not prescribe.

SEC. 88. Nature of Deportation Proceedings.~ Deportation proceedings
shall be independent of any action that may be instituted against a foreign national:
Provided, That no deportation order shall be issued against foreign nationals facing
preliminary investigation, prosecution and trial before competent authorities.

CHAPTER 2
DEPORTATION OF FOREIGN NATIONALS

SEC. 89. Formal Charge of Deportation. - A formal charge for deportation
shall be issued upon determination of the existence of a prima facie case against
the foreign national.

SEC. 90. Bail. Pending final determination of the foreign national’s
deportation case, the foreign national shall, upon the discretion of the
Commissioner: (a) remain under detention; or (b) be released on bail or
recognizance. The bail may be revoked and confiscated in favor of the government
if there is sufficient evidence that the foreign national is evading the proceedings or
is attempting to abscond, in which case such foreign national shall be taken into
custody and placed under detention by order of the Commissioner.

SEC. 91. Custody of a Foreign National Convicted of a Felony or an
Offense.—After service of the sentence or compliance with the conditions of parole
or probation, as the case may be, the foreign national shall be taken into custody
for immediate deportation by order of the Board.

SEC. 92. Voluntary Deportation, When Authorized. ~ The Commissioner
may waive deportation proceedings and order the departure of the foreign national
within the period specified in the voluntary deportation order if the foreign national
does not contest the formal charge and opts to voluntarily leave the country and
pays for all expenses: Provided, That the foreign national has not committed any
Criminal offense or has no pending criminal investigation: Provided, further, That
the said foreign national so deported shall be barred from re-entering the country
without prior written authorization from the Commissioner.

SEC. 93. Period to Enforce Order of Deportation. - The order of
deportation shall be enforced immediately but in no case shall exceed three (3)
months from the date it has become final and executory. If deportation is not
enforced within the prescribed period, the foreign national may be released on bail
or recognizance.


SEC. 94. Suspension of Deportation Order. - The Commissioner may
suspend the implementation of a deportation order and order the release of a
foreign national on bail or recognizance, taking into account the following factors:

(a) Age, health, family or conduct;

(b) Period of detention;

(c) Impact on national security and public welfare;

(d)  Unavailability of travel documents;

(e) Existence of an application for refugee or statelessness status; or

(f)Other humanitarian considerations.

SEC. 95. Reinstatement of a Deportation Order. - A deportation order
previously implemented against a foreign national who unlawfully re-entered the
Philippines shall be deemed automatically reinstated and shall be implemented in
accordance with this Act. This provision shall also apply to a foreign national who
departed voluntarily under Section 92 and re-entered the Philippines unlawfully or
without prior written authorization from the Commissioner.

SEC. 96. Country of Destination of a Deportee. - Except as provided for
under an existing treaty or international agreement, a foreign national shall be
deported to the country where such person is a citizen or national, or the foreign
national’s country of birth, or the country wherein the foreign national is a resident,
or the country from which the foreign national embarked for the Philippines, subject
to the acceptance by the receiving country.

SEC. 97. Cost of Deportation. - The cost of deportation shall be borne by
the owner, operator, captain, master, pilot, agent or consignee of a vessel in case
its foreign’ crewmember is to be deported under Section 86 of this Act. In all other
cases, the cost of deportation shall be borne either by the deportee, by the
concerned consular office, non-government organization or people’s organization
with which the Commission has an agreement on this matter, or from the funds
appropriated for the implementation of this Act.

SEC. 98. Liability of Owner, Operator, Captain, Master, Pilot, Agent
orConsigneeof aVessel. -The owner, operator, captain, master, pilot, agent or
consignee of a vessel who fails or refuses to take on board, guard safely and
transport the deportee to the foreign national’s country of destination, or to
shoulder the cost of deportation of the foreign crew member as provided in the
preceding Section, shall be subject to the administrative fines prescribed in Section
118 of this Act.

SEC. 99. Expenses of Accompanying Person. - The Commissioner may,
for security reason or by reason of the mental or physical condition of the deportee,
direct an employee of the Commission to accompany such deportee to the country
of the deportee’s destination, subject to the provisions of Section 97.

CHAPTER 3
INDIGENT FOREIGN NATIONAL

SEC. 100. Removal of Indigent Foreign National. - At any time after
entry, the Commissioner may remove indigent foreign nationals from the Philippines
and return them to the country of which they are citizens or nationals, or their
countries of birth, or their countries of residence, as the case may be. The cost of
deportation may be charged against the available funds of the Commission. Any
foreign national removed under this section shall not be readmitted except upon
written authorization of the Board of Commissioners.

This provision shall not apply to a foreign national declared as an indigent by
any Philippine court for purposes of filing a case or to pursue an action which


resulted in the individual’s indigency until such case or action is resolved with
finality: Provided,That no other grounds for deportation exist during the pendency
of such case or action.

TITLE VI
MISCELLANEOUS PROVISIONS

CHAPTER 1
REGISTRATION OF FOREIGN NATIONALS

SEC. 101. Requirement of Registration. — All foreign nationals shall
register with the Commission or any Immigration Office nearest to their place of
residence on or before the sixtieth (60) day of their latest arrival in the Philippines.

SEC. 102. Registration Form and Oath. — Applications for registration
shall be under oath and in such form as prescribed by the Commission. Upon
registration, a certificate of registration shall be issued by the Commission to the
registrant. In case of loss or destruction of the certificate, a replacement certificate
may be issued by the Commission upon proper application and payment of
prescribed fees.

SEC. 103. Amendment of Registration. — A registered foreign national
shall notify the Commission in writing of any change of information in the
person’sregistration documents not later than seven (7) days from such change.

SEC. 104. Presentation of CertificateofRegistration. — Every foreign
national required to register under this Act or the parent or guardian of such foreign
national shall, upon demand by any personnel authorized by the Commissioner,
present a certificate of registration of such individual, and failure to do so without
justifiable cause shall be dealt with in accordance with the provisions of this Act.

SEC. 105. Reportorial Requirements. — Every foreign national registered
under this Act shall, within the first sixty (60) days of every calendar year, report in
person to the Commission. The Commissioner may exempt personal appearance of
foreign nationals registered under this Act subject to certain requirements and
conditions as may be prescribed in the rules and regulations issued for the purpose.

SEC. 106. Failure to Comply with Requirements. — A foreign national, or
the parent or guardian of the foreign national, who, without justifiable reason, fails
to comply with all the requirements under this Act, or who files an application for
registration containing statements known by the individual to be false, or who
utilizes registration documents other than that of the individual, shall be dealt with
in accordance with the provisions of this Act and other existing laws.

SEC. 107. Cancellation of Registration of Foreign National. — In case of
death of a foreign national registered under the provisions of this Act, the legal heir,
representative or administrator of the foreign national must inform the Commission
within sixty (60) days from such death, and the Commission shall cancel the
registration of the deceased foreign national. The Local Civil Registrar or other civil
registry officer of the locality where said foreign national died shall furnish the
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 specified in this Section shall be dealt with pursuant to the provisions
of existing laws.

CHAPTER 2
BONDS AND DEPOSITS


SEC. 108. Bonds, When Required. — The Commission shall have the
authority to require cash bonds in such amounts and under such conditions as it
may prescribe in order to:

(a) control and regulate the admission into, and departure from, the
Philippines of foreign nationals applying for temporary admission;

(b) insure against foreign passengers liable to be excluded due to a
likelihood of becoming public charges; and

(c) ensure the appearance of foreign nationals released from custody
during the course of deportation proceedings instituted against them.

SEC. 109. Requirement of Cash Deposits forServices Rendered. - The
Commission shall likewise have the authority to require cash deposits in such
amounts as may be necessary from a vessel's owner, operator, captain, master,
pilot, agent, or consignee or other persons served for services rendered as
established by the implementing rules and regulations.

SEC. 110. Cancellation and Forfeiture of Bonds. - When the conditions
of the bond are fulfilled, or in case the Commissioner determines that the likelihood
that a foreign national shall become a public charge no longer exists, or in case of
death of the foreign national in whose behalf the bond is posted, the bond shall be
cancelled and released to the depositor or the legal representative of the foreign
national. In case of violation of the conditions of the bond, the same shall be
forfeited and deposited in a trust fund account which may be utilized for the
purchase of passage tickets for the removal of indigent foreign nationals and to
cover the costs of operations in locating deportes who jump bail.

CHAPTER 3
RECOGNIZANCE

SEC. 111. Petitions for Recognizance, Sanction forBreach of
Conditions. — The Commissioner may order the release of a foreign national upon
recognizance of the foreign national’slawyer or a person who is of good standing in
the community, under such terms and conditions as the Board may prescribe.
Failure to comply with the terms and conditions of the recognizance shall subject
said lawyer or person to a fine of not less than Fifty thousand pesos (P50,000.00)
but not more than One hundred thousand pesos (P100,000.00), without prejudice
to other administrative sanctions or proceedings against the erring party.

CHAPTER 4
COOPERATION AND COORDINATION WITH OTHER OFFICES

SEC. 112. Working Cooperation with the Department of Foreign
Affairs (DFA). -For purposes of efficient implementation and administration of this
Act, the Commission shall maintain a working cooperation with the DFA.

SEC. 113. Working Cooperation with the Commission on Higher
Education (CHED). - The Commission shall maintain a working cooperation with
the CHED with respect to the accreditation of schools and learning centers for
enrollment of foreign students as authorized under this Act.

SEC. 114. Working Cooperation with the Civil Aviation Authority of
the Philippines (CAAP). - The Commission shall maintain a working cooperation
with the CAAP with respect to accreditation of flying schools for the enrollment of
foreign students.

SEC. 115. Coordination with Law Enforcement, Security and Other
Offices. — The Commissioner shall have the authority to maintain coordination


with the National Security Council, the Philippine National Police (PNP), and other
law enforcement agencies of the government.

CHAPTER 5
FEES AND CHARGES

SEC. 116. Authority of the Board to Prescribe, Impose and
CollectFees and Charges. — The Board is authorized to prescribe, impose and
collect fees, fines and other charges pursuant to the provisions of this Act.

CHAPTER 6
ADMINISTRATIVE FINES

SEC. 117. Fine for Failing to Submit Crew List or Passenger Manifest,
or Failure to Account Every Passenger and Crew. — Any owner, operator,
master, captain, pilot, agent, or consignee of a vessel arriving at any port in the
Philippines from a place outside its territory 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
(P100,000.00) and Fifty thousand pesos (50,000.00) for each unaccounted
person, respectively.

SEC. 118. Fine for Violating Obligation on theLanding, Removal, or
Deportation of Foreign Nationals. — Any owner, operator, master, captain,
pilot, agent, or consignee of any vessel arriving at a port of the Philippines from a
place outside its territory that has a foreign national on board in violation of this Act
shall be fined not less than Fifty thousand pesos (P50,000.00) but not more than
Two hundred thousand pesos (P200,000.00) for each act or violation consisting of:

(a) Failure to prevent the landing of such foreign national in the
Philippines at any time or place other than as designated by the Immigration
Officer;

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

(c) Refusal or failure to deliver a foreign national for medical or other
examinations when so ordered by an Immigration Officer;

(4) Refusal or failure to pay the cost of maintenance and other costs, as
required by this Act, of such foreign national when temporarily removed from the
vessels for examination by order of the immigration officer;

(e) Refusal or failure to receive such foreign national on board for removal
from the Philippines if the foreign national is excluded, or to pay the cost of removal
as required under Sections 82 and 97 of this Act;

(f) Refusal or failure to take on board, guard safely and transport the
deportee to the foreign national’s country of destination, or to shoulder the cost of
deportation of the foreign crew member;

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


SEC. 119. Fine for Bringing Undocumented Foreign National,or
Foreign National Afflicted with Communicable or Contagious Disease, or
Suffering from Mental Disorder. — The owner, operator, master, captain, pilot,
agent, or consignee of the vessel arriving at a port in the Philippines from a place
outside its territory bringing on board an undocumented foreign national shall be
fined One hundred thousand pesos (P100,000.00) for each foreign national. If the
foreign national is afflicted with a communicable or contagiousdisease or is suffering
from mental disorder, the fine shall be not less than Two hundred thousand pesos
(P200,000.00) but not more than Three hundred thousand pesos (P300,000.00) for
each foreign national.

SEC. 120. Fine for Bringing a Foreign National to Assist the Illegal
Entry or Misrepresenting a Foreign National as a Member of the Crew. —
The owner, operator, master, captain, pilot, agent, or consignee of a vessel arriving
at any port in the Philippines from a place outside its territory bringing on board a
foreign national bound for the Philippines to assist the illegal entry of the foreign
national, or misrepresenting the foreign national to the Immigration Officer at the
port of arrival as a bona fide member of the crew, shall be fined not less than One
hundred thousand pesos (P100,000.00) but not more than Two hundred thousand
pesos (P200,000.00) for each foreign national.

SEC. 121. Fine for an Overstaying Crewmember. Any foreign
crewmember who wilfully remains in the Philippines beyond the period allowed for
temporary landing shall be fined not less than Fifty thousand pesos (P50,000.00)
but not more than One hundred thousand pesos (P100,000.00). The owner,
operator, master, captain, pilot, agent, or consignee of the vessel shall be solidarily
liable for the fine imposed on such overstaying crewmember.

SEC. 122. Fine for Assaulting an Immigration Officer. — Any form of
assault directed to an immigration officer is an act of disrespect. In case the
assault is committed by a foreign national at the ports of entry and exit, such
foreign national shall be excluded or deported, as the case may be, and shall be
fined Two hundred thousand pesos (P200,000.00) without prejudice to the right of
the aggrieved immigration officer to file appropriate criminal, civil or administrative
casesagainst such person.

For purposes of this Act, an immigration officer shall be considered a person
in authority while in the performance of official duty.

SEC. 123. Fine for Violating Other Provisions of thisAct. — The owner,
operator, master, captain, pilot, agent, or consignee of any vessel arriving at any
port of the Philippines from a place outside thereof who violates any other provision
of this Act not specifically covered bythis Chapter shall be fined not less than Fifty
thousand pesos (P50,000.00) but not more than Two hundred thousand pesos
(200,000.00) for each violation.

CHAPTER 7
PENAL PROVISIONS

SEC. 124. Prohibited Acts and Penalties. -Any person who shall commit
any of the acts specified hereunder shall, upon conviction, suffer the penalty of
imprisonmentfor not less than five (5) years but not more than ten (10) years, or a
fine of not less than One hundred thousand pesos (P100,000.00) but not more than
Five hundred thousand pesos (P500,000.00), or both imprisonment and fine, at the
discretion of the court:


(a) Impersonating another individual, or falsely appearing in the name of
a deceased individual, or evading immigration laws by using an assumed or
fictitious name when applying for an immigration document;

(b) Issuing or otherwise delivering an immigration document or an
immigration accountable form to any person not authorized by law to receive such
documents;

(©) Obtaining, manufacturing, printing, accepting or using any immigration
or travel document knowing it to be false, or using an immigration accountable
form that is not legally issued;

(d) Entering the Philippines without inspection and admission by the
immigration authorities, or obtaining entry into the Philippines through fraud,
misrepresentation, or concealment of material facts;

(e)  Misrepresenting oneself to be a citizen of the Philippines;

(f) Knowingly making any false statement under oath regarding any
immigration matter; or

(g) Bringing into, or landing in the Philippines, or concealing, harboring,
employing, or giving comfort to, any person not duly admitted by an Immigration
Officer or not lawfully entitled to enter into or reside within the Philippines, or
attempting, conspiring with, or aiding another to commit any such acts.

Where the offender of any of the acts specified in paragraph (g) of this section
is a corporation, partnership or other juridical entity, the president, general
manager, managing partner, or chief executive officer thereof shall be held liable.
Dismissal of the employee by the employer before or after apprehension shall not
relieve such employer from any liability arising from the offense: Provided, That if
the offender is the owner, operator, master, captain, pilot, agent, or consignee, or
other person in charge of the vessel that brought the foreign national into the
Philippines from any place outside thereof, the fine imposed under this section shall
constitute a lien against the vessel which may be enforced in the same manner as
fines are collected and enforced under existing laws. Such vessel shall not be
allowed to depart without prior clearance issued by the 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 judgment of any offense punishable under this Act or other
related laws shall result in the automatic revocation or cancellation of any
immigration document issued to the offender, including that of the foreign
national’s spouse and unmarried children, if applicable.

SEC. 125. Penalty for Aiding the Escape of Detained Foreign National.
— Any person who shall be found to have helped, assisted, supported, caused or
ministered the escape, including harboring and concealing, of a detainedforeign
national shall, upon conviction, be imprisoned for not less than five (5) years but
not more than ten (10) years and a fine of not less than Two hundred thousand
pesos (P200,000.00): Provided, That if the person liable is a foreign national, such
person shall be deported after service of sentence: Provided, further, That any
tool, equipment, implement or vehicle used in the escape of a detained foreign
national shall be destroyed or forfeited in favor of the government.

SEC. 126. Penalty for Non-compliance of Subpoena. — Any person who,
having been duly served with a subpoena, fails to comply without valid and
justifiable reasons, shall suffer the penalty of imprisonment of not more than fifteen


(15) days, or a fine of not more than One thousand pesos (P1,000.00), 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
briberyin relation toany violation or circumvention of any provision of this Act shall
suffer the maximum penalty provided under the said Republic Act or other laws
against corruption and bribery, as the case may be.

CHAPTER 8
UPGRADING OF COMPENSATION AND BENEFITS

SEC. 128. Creation of New Positions, Reclassification of Existing
Positions andUpgrading of Salary Grade Levels. - The following positions in
the Commission are hereby created, and the existing positions reclassified, with the
corresponding salary grade levels:

EXISTING POSITION RECLASSIFIED POSITION SALARY

_ _ = _|__GRADE__|
Commissioner | Commissioner IIT _| 30 |
Deputy Commissioner | Deputy Commissioner 111 29
Attorney V | Chief Special Inquiry Officer 28
(Board of Special Inquiry) _| (Overall Chairperson, BSI)
Chief Administrative Officer | Chief Administrative Officer 28
(Administrative Division) (Director for Administration)
| Chief Administrative Officer | Chief Finance and Logistics Officer
(Finance and Management (Director for Finance and | 28
| Division) _ Logistics) _ | _
Chief Information and
Information Technology Communications 28
Officer IIT | Technology Officer
| Wirector for ICT) _
Immigration Officer Chief Alien Registration Officer 28
(Alien Registration Divi (Director for Alien Registration) _ _
| Chief Immigration Officer Chief Immigration Officer for’ 28
(Immigration Regulation Division) | Immigration Regulation |
_ _ _| @irector for Immigration Regulation) |
Chief Intelligence Officer Chief Immigration Officer for |
(Intelligence Division) Intelligence (Director for 28
L intelligence) _
Chief Immigration Officer Chief Immigration Officer for
(Port Operations Division) Operations (Director for 28

Operations)
| attorney v Chief Immigration Officer for Legal |

Affairs | 28
(Legal Division) | (Director for Legal Affairs) 7
| Chief Immigration Officer for Law
Enforcement 28
(Director for Law Enforcement)
| Chief Planning and Research

Specialist (Director for Planning | 28
and Research) |
| Chief Human Resource
Management

28

| Officer |
(Director for Human Resource



Management and Development)

telligence Officer I

pecial Investigator I

Regional Director 27
Attorney IV (BSI) Catena IV 7
Attorney IV (Legal Division) | immigration Prosecutor IV 27
Attorney III (BSI) Gaenber bar, offer nr 26
Attorney III (Legal Division) | Immigration Prosecutor III 26
eapenising Immigration Supervising Immigration Officer 26
Supervising Administrative | supervising Administrative Officer 26
Medical Officer III Immigration Physician 26

Supervising Human Resource 26
_ Management Officer _ °
District Supervisor 26
‘Attorney II (Legal Division) | Immigration Prosecutor II 25
Intelligence Officer IV ~ | Senior Immigration Officer 25 |
Accountant III ___ [Immigration Accountant V 25
Dentist Ir 7 Immigration Dental Officer 25
Supervising Immigration Research
: Specialist 25
Attorney I (Legal Division) __| Immigration Prosecutor I 24
Senior Immigration Officer | Immigration Officer IV 24
Administrative Officer IV Immigration Administrative Officer 24
Iv
Information Technology Information and Communications 24 7
Officer 1 - logy Officer 1
Nurse II Immigration Healthcare Officer_ 23
Immigration Research Officer II 23
HR Management Officer III 23
| Accountant II ; Immigration Accountant II 22
Information System Analyst | Immigration Information System 22
Analyst _ 7
Immigration Officer III Immigration Officer I 21
Immigration Research Officer II 21
HR Management Officer II 21
‘Accountant I [Immigration Accountant 1 19
Computer Programmer II Immigration Computer 19
_ . Programmer I
Computer Maintenance Immigration Information 1
Technologist 11 Technologist 11
ration Officert |
Intelligence Officer IT Immigration Officer II 19
Special Investigator II -
Immigration Officer I
Immigration Officer 1 7



Fingerprint Examiner IV | Alien Fingerprint Examiner IV 17
[- Immigration Research Officer I ai
HR Management OfficerI 7
Immigration Assistant Immigration Inspector 6
Intelligence Agent II Immigration Agent I 7 is |
Administrative Officer II Immigration Administrative Officer 15
I
Immigration Research Assistant 15
7 HR Management Assistant 15
Fingerprint Examiner III Alien Fingerprint Examiner IIL 15
‘Administrative Aide VI__—_| Immigration Aide VI__ 14
‘Administrative Assistant 111 | Immigration Administrative a3 |
[ Assistant IIL
Administrative Aide V Immigration Aide V 13
Fingerprint Examiner IT ‘Alien Fingerprint Examiner IT 13
| Security Guard II Civil Security Officer I BC
Intelligence AgentI_—_| Immigration Agent I 3
Translator II ~ Immigration Translator 11 | 12
| Administrative Assistant II Immigration Administrative 12
___ [Assistant 11 ee
‘Administrative Aide IV Immigration Aide IV 12
‘Administrative Aide III Immigration Aide I er
Nursing Attendant Immigration Healthcare Assistant i
Fingerprint Examiner I ‘Alien Fingerprint Examiner 1 it
Security Guard I | a
Seaman
Launch Patron Civil Security Officer I 11
Marine Engineman
Quartermaster
“Legal Aide Immigration Legal Assistant 10
Administrative Assistant I oa Administrative 10
‘Administrative Aide II Immigration Administrative 8
Assistant I |

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


SEC. 129. Additional Grant of Benefits. — The Commission shall provide
its employees with the following benefits:

(1)

(2)
(3)

(4)

(5)

(6)
(7)

Health care services through an accredited Health Maintenance
Organization for its regular employees;

Accident insurance policies for all employees;

Night shift differential and overtime pay for actual work rendered, in
accordance with existing guidelines;

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

Transportation benefits;

Dislocation allowance; and,

Hazard pay amounting to twenty five percent (25%) of basic salary to
qualified employees as may be determined by the Board.

SEC. 130. Retention and Use of Immigration Fees, Fines, and Other
Income; Immigration Trust Fund. - The Board is hereby authorized to retain
and use every year thirty per cent (30%) of its collections from immigration fees,
fines and penalties, and other income that may be collected by the Commission for
the effective implementation of this Act.

There is hereby created an Immigration Trust Fund (ITF) sourced from the

collections

mentioned in this section. The ITF shall be administered by the Board in

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

(a)

(b)

(©)

All i

40% for the modernization of equipment, facilities and offices used by
employees of the Commission, including capital outlay for the
establishment of new buildings and field offices for the effective
implementation of this Act;

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

30% for the further professionalization of the employees of the
Commission including trainings, seminars and other career advancement
programs.

interest income, dividends and earnings accrued from the ITF shall also

form part of the Trust Fund. No portion of the ITF shall revert to the general fund of
the National Government, except when the ITF is no longer necessary for the
purposes for which it was established.


7
18

20
21
2
23
24
28
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
al
a2
43
44
4s

47
48
49
50
51
52
3
54
55

CHAPTER 9
TRANSITORY PROVISIONS

SEC. 131. Interim Period. — The incumbent Commissioner and the two
Deputy Commissioners, if qualified under this Act, shall continue to discharge the
functions of their positions unless otherwise removed by the President. All
personnel of the present Bureau of Immigration shall continue to discharge the
functions of their positions pending the reorganization as provided in this Act.

SEC. 132. 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 employees who have been dismissed for cause shall no
longer qualify for any position in the Commission.

SEC. 133. Inventory and Transfer of Properties, Accounts, Assets,
Liabilities and Obligations to theCommission. — 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. 134. Treaty or Agreement. - Any treaty or agreement entered into
between the Philippines and any foreign state before the effectivity of this Act shall
remain in force and effect.

SEC. 135. Pending Cases. - Any prosecution, suit, action, proceeding, or
any act or matter, civil or criminal, pending at the time of the effectivity of this Act
shall not be affected by any of the provisions of this Act unless otherwise explicitly
stated herein.

CHAPTER 10
ADMINISTRATION AND IMPLEMENTATION

SEC. 136. Administration and Implementation Abroad. - The
administration and implementation of this Act abroad, including the rules and
regulations, and specific visa policies or guidelines, shall be the responsibility of the
DFA, with due notice to the Commission and other concerned agencies and offices.

SEC. 137. Implementing Rules and Regulations. — Within sixty (60)
days from the effectivity of this Act, the Commission shall, in coordination with the
Secretaries of the DBM, the DOJ and the DFA, promulgate the rules and regulations
for its effective implementation.

SEC. 138. Appropriations. - The amount necessary to cover the initial
implementation of this Act shall be charged against the following:

(a) Current year’s appropriation of the Bureau of Immigration; and

(b) Immigration fees, fines and other income authorized under Section 130
of this Act.

Thereafter, such sums as may be needed for its continued implementation
shall be included in the annual General Appropriations Act and from the
Immigration Trust Fund.


CHAPTER 11
FINAL PROVISIONS

SEC. 139. Retroactive Application. - The renaming of positions with the
corresponding increase in salary grade and benefits enumerated in Title VI, Chapter
8 shall be effective January 1, 2017.

SEC. 140. Separability Clause.— Should any provision of this Act be
declared invalid, the remaining provisions shall continue to be in force and effect.

SEC. 141. Repealing Clause.- Commonwealth Act No. 613, otherwise
known as the “Philippine Immigration Act of 1940”, as amended, and Republic Act
No. 750, are hereby repealed. All other laws, presidential decrees, executive orders,
proclamations, memorandum orders, instructions, rules and regulations or parts
thereof inconsistent with this Act are hereby amended or modified accordingly.

SEC. 142. Effectivity.— This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in any newspaper of general circulation.

Approved,