TWENTIETH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
^enaie
of thr
25 AUG 20 P3:43
RECEIVED BY:
SENATE
Senate Bill No. 1228
INTRODUCED BY SENATOR RONALD "BATO" DELA ROSA
AN ACT
MODERNIZING THE BUREAU OF IMMIGRATION, DEFINING ITS POWERS AND 
FUNCTIONS, EXPANDING, RATIONALIZING AND FURTHER 
PROFESSIONALIZING ITS ORGANIZATION, UPGRADING THE COMPENSATION 
AND BENEFITS OF ITS OFFICIALS AND EMPLOYEES, APPROPRIATING FUNDS 
THEREFOR, AND FOR OTHER PURPOSES
EXPLANATORY NOTE
The Bureau of Immigration (BI) plays a crucial role in protecting our national 
security, regulating the entry and stay of foreign nationals, and facilitating legitimate 
international travel. And yet, it continues to operate under a law that was passed more 
than 80 years ago—the Philippine Immigration Act of 1940.
In the decades since, the world has changed. Our borders now face threats that 
could not have been foreseen in the 1940s—transnational crime, terrorism, human 
trafficking, and cyber-enabled illegal migration, to name a few. At the same time, our 
economy depends more than ever on the smooth movement of people, goods, and 
services across borders. For the BI to respond to these realities, it must be equipped with 
modern tools, systems, and policies.
This proposed measure seeks to repeal the outdated 1940 Immigration Act and 
replace it with a modern and comprehensive law that responds to present-day needs. It 
introduces long-overdue reforms to professionalize the ranks of immigration officers.


strengthen the Bureau's enforcement and adjudication powers, and streamline 
immigration services through digitaiization and automation.
It also establishes clearer rules for the issuance of visas, exclusion and deportation, 
and appeals procedures. Just as importantly, it sets in place safeguards to ensure that 
immigration policies are fair, transparent, and consistent with our international obligations 
and human rights standards.
A modern Bureau of Immigration is key to protecting our borders while keeping 
them open to the world. By passing this bill, we empower the Bureau to do just that— 
with professionalism, integrity, and responsiveness.
In view of the foregoing, the immediate passage of this bill is earnestly sought.
RONALD/^BA'
DELA ROSA


TWENTIETH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
of tijf &f .irnip
25 AUG 20 P3 43
RECEIVED BY;
SENATE
Senate Bill No. 
^
INTRODUCED BY SENATOR RONALD "BATO" DELA ROSA
AN ACT
MODERNIZING THE BUREAU OF IMMIGRATION, DEFINING ITS POWERS AND 
FUNCTIONS, EXPANDING, RATIONALIZING AND FURTHER 
PROFESSIONALIZING ITS ORGANIZATION, UPGRADING THE COMPENSATION 
AND BENEFITS OF ITS OFFICIALS AND EMPLOYEES, APPROPRIATING FUNDS 
THEREFOR, AND FOR OTHER PURPOSES
Be it enacted by the Senate and the House of Representatives of the Philippines, in 
Congress assembled:
1 
TITLE I
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GENERAL PROVISIONS
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Section. 1. Short Tide. -This Act shall be known as "The Bureau of Immigration
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Modernization Act of 2019."
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Sec. 2. Declaration of Policy. - In the conduct of its relation with other States, the
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Philippines shall give paramount consideration to national sovereignty, territorial integrity,
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national security, national interest, the right to self-determination, the enhancement of
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economic diplomacy, and the protection of overseas Filipinos in destination countries, as
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it adheres to the policy of peace, cooperation and amity with all nations. Towards this
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end, Philippine immigration policies, rules and regulations under this Act shall be applied
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and administered as instruments for the promotion of domestic and external interests of
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the Philippines, in recognition of:


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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;
c. 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 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
f. 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 Station 
authorized as Provided under Sec. 35 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 Sec. 1, 
Article IV of the 1987 Constitution of the Republic of the Philippines;
f. 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;
g. Derogatory Information - refers to details about persons and travel documents 
relating to immigration consisting of the following:


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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 
Philippines;
h. 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 having a lawful permanent residence in the Philippines shall not 
be regarded as making an entry for the purpose of this Act if such foreign national 
proves that the departure to a place outside the Philippines was for a temporary 
or limited period, or the continued absence from the Philippines was occasioned 
by deportation proceedings, extradition, or other legal process;
i. Exclusion - refers to the act of Immigration Personnel denying admission of a 
foreign national into the country on grounds Provided under Sec, 77, Chapter IV 
of this Act;
j. Foreign National - refers to any person who is not a citizen of the Philippines;
k. Immigrant - refers to any foreign national, other than a non-immigrant, 
departing from any place outside the Philippines destined for the Philippines;


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l. Immigration laws- refer to this Act and any other law presently existing or which 
may hereafter be enacted relating to the movement of natural persons to and from 
the Philippines;
m. Immigration Officer- refers to any person appointed under Sec. 25 this Act or 
any employee designated by the Commissioner to perform the powers, duties and 
functions of an Immigration Personnel as specified under this Act;
n. 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;
0. 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;
p. 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 ofl996", as amended; .
q. Person- refers to a natural or juridical person such as but not limited to 
partnerships, corporations, companies, and associations;
r. Port of entry- refers to any port designated by the Commissioner through which 
a foreign national may enter or exit the Philippines;
s. 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 the 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;
t. Seaman, Seafarer or Crewmember- refers to a person actually employed in the 
operation or service in any capacity on board a vessel;
u. Stateless Person - refers to a person who is not considered a national by any 
State under the operation of its laws;


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V. Travel document - refers to a certification or identifying document containing
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the description and other personal circumstances of its bearer, issued for direct
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travel to and from the Philippines valid for short periods or a particular trip. It is
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issued only to persons whose claim to Philippine citizenship is doubtful or who fall
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under the category enumerated in Sec. 13 of Republic Act No. 8239, otherwise
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known as "The Philippine Passport Act of 1996;"
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w. Vessel- refers to all means of conveyances, whether aircraft or sea craft; and
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X. Visa - refers to an endorsement on a passport or any travel document issued by
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an Immigration Attache abroad authorizing the holder thereof to proceed to a
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designated port of entry in the Philippines and there to apply for entry and
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admission under the status specified therein; or immigration status granted and/or
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issued to foreign nationals by the Commissioner or the Board under this Act.
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TITLE II
15 
THE BUREAU OF IMMIGRATION
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CHAPTER 1
17 
THE BUREAU
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Sec. 4. Creation. - The Bureau of Immigration, hereinafter referred to as the
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Bureau, shall be under the control and supervision of the Department of Justice (DOJ).
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The Bureau shall be principally responsible for the administration and enforcement of this
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Act, and the implementation of all laws, rules regulations or orders of any competent
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authority concerning the entry and admission into, stay in and the departure from the
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Philippines of all persons. Its personnel shall be considered as the gatekeepers and border
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control officers of the country.
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Sec. 5. Composition and Qualification. - The Bureau shall be administered by the
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Board of Commissioners, hereinafter referred to as the Board headed by the
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Commissioner as Chairperson, and two (2) Deputy Commissioners as members, all of
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whom shall be natural-born citizens of the Philippines, holders of a college degree and
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with proven capacity for administration and, at the time of their appointment, at least


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thirty-five (35) years of age: Provided further, That at least one of the members shall be
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member of the Philippine Bar in good standing for at least five (5) years as of the date of
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appointment.
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CHAPTER2
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THE BOARD OF COMMISSIONERS
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Sec. 6. Powers and Functions of the Board. - The Board shall have the following
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powers and functions:
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a. Quasi-judicial:
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1. Decide on applications or cases relative to:
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i. Deportation;
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ii. Revocation of immigration status;
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iii. Reacquisition and retention of Philippine citizenship under
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Republic Act No. 9225, otherwise known as the "Citizenship
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Retention and Reacquisition Act of 2003;"
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iv. Issuance and Revocation of all visas and permits;
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V. Declaration of Indigence; and
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Vi. Legalization of residence In accordance with law.
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2. Cite and punish for contempt in relation to the discharge of its quasi-
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judicial functions in accordance with the Rules of Court.
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b. Rule-making:
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1. Prescribe and promulgate rules of procedure for proceedings before it;
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2. Prepare and publish operations manual and rules of procedure, including
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schedule of fees, for all transactions entered into by the Bureau with the
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public; and
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3. Formulate policies, directives, programs and projects of the Bureau.
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The Board shall also perform such other powers and functions as Provided in this
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Act and other existing laws, rules and regulations not inconsistent with any of the
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provisions of this Act.


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Sec. 7. Decisions of the Board. -All cases or proceedings before the Board shall be
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decided with the concurrence of the majority of the members of the board. Decisions of
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the Board shall become final and executory fifteen (15) days from receipt thereof by the
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concerned parties. Only one (1) Motion for Reconsideration shall be allowed.
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Decisions in deportation cases may be appealed to the Secretary of the DOJ within
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fifteen (15) days from receipt thereof by the concerned parties. The decision of the
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Secretary of the DOJ shall be final and immediately executory unless stayed by an order
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of the Court of Appeals.
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Sec. 8. Period for Decision by the Board. - The Board of Commissioners shall decide
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deportation cases within (30) days from the date they are submitted for resolution.
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Sec. 9. Meetings of the Board. - In all cases, the Board of Commissioners shall
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convene and act as a collegial body in all matters referred to in Sec. 6 of this Act. The
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Board shall meet at least once a week or, if necessary, twice a week. Members of the
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Board shall be notified accordingly and the presence of the Chairperson and one (1)
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member shall constitute a quorum.
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CHAPTERS
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THE COMMISSIONER AND THE DEPUTY COMMISSIONERS
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Sec. 10. Appointment of the Commissioner. - The Commissioner shall be appointed
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by the President and shall have the same rank, salary, and privileges of an Undersecretary
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of a Department.
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Sec. 11. Powers and Functions of the Commissioner. - In addition to the duties as
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Chairperson of the Board of Commissioners, the Commissioner shall exercise the following
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powers and functions:
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a. Supervise, direct and coordinate the overall operations of the Office;
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b. Exercise control and supervision over the officers and personnel of the Bureau,
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including the power to appoint, promote, and reassign personnel, subject to civil
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service laws, rules and regulations: Provided, that promotions and appointments
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to positions of Division Chiefs and above shall be made by the Secretary of
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the DOJ upon the recommendation of the Commissioner;
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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 defined in Sec. 3(h) of 
this Act;
d. Delegate authority to subordinate immigration personnel and employees, except 
the powers and functions enumerated in the immediately preceding paragraph, 
which may be delegated only to 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 othercharges;
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 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;
l. Accept donation of materials, equipment, or technical services from any foreign 
government, international or domestic organization, to upgrade the efficiency and 
operations of the Bureau;


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m. Submit to the President and Congress, annually or as may be directed, a report
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on: (1) the number and status of foreign nationals in the Philippines; (2) foreign
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nationals admitted or granted change of status as permanent residents; (3) foreign
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nationals who have been excluded or deported from the Philippines; (4) the
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estimated number of illegal foreign nationals in the Philippines in each calendar
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year and actions taken to arrest them, grouped by nationality, for each region in
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the Philippines; and (5) such other transactions of the PIBCIS;
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n. Determine the manning levels of immigration officers of the Bureau nationwide
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in accordance with the number of arrivals in each port of entry as determined by
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the Board: Provided, that for every three hundred (300) passengers there shall be
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one (1) immigration personnel in an eight-hour shift;
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0. Exercise disciplinary authority over personnel of the Bureau charged with less
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grave and light administrative offenses, in accordance with the Revised Rules on
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Administrative Cases in the Civil Service (RRACS): Provided, that the disciplinary
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authority over those charged with grave administrative offenses under RRACS shall
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belong to the Secretary of the DOJ;
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p. Prepare and submit a supplemental budget for the consideration of the
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Department of Budget and Management (DBM);
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q. Prescribe, with the concurrence of the Board, the appropriate forms, bonds,
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reports, entries and other papers in accordance with this Act; and
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r. Perform such other functions as are inherent to the Bureau.
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Sec. 12. Appointment and Rank of Deputy Commissioners. - There shall be two
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(2) Deputy Commissioners who shall be appointed by the President. They shall have the
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rank, salary and privileges of an Assistant Secretary of a Department.
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Sec. 13. Duties of Deputy Commissioners. - In addition to their duties as members
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of the Board, the Deputy Commissioners shall supervise a minimum of two (2)
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Directorates and one (1) regional office each as determined by the Commissioner.
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Sec. 14. Creation of Positions and Compensation for Co-Terminus Officiais and


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Employees. - The following co-terminus positions are hereby created for the Office of the 
Commissioner and Deputy Commissioners, except for Executive Officer III/Board 
Secretary which shall be assigned only to the Office of the Commissioner. The basic 
monthly compensation of the following co-terminus officials and employees shall be as 
follows:
POSITION
SALARY GRADE
Head Executive Assistant
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Executive Assistant VI
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Executive Assistant V
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Executive Assistant IV
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CHAPTER 4
THE BOARD SECRETARY
Sec. 15. Qualifications of the Board Secretary. - There shall be a Board 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 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 deliberations of the Board on Visa application;
c. Prepare the agenda for the deliberations 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 deliberation of the Board;
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f. Advise the members of the Board on all matters relative to compliance with
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relevant laws and requirements of regulatory authorities; and
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g. All other functions as may be directed by the Board.
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CHAPTER 5
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THE BOARDS OF SPECIAL INQUIRY
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Sec. 17. Constitution of the Boards of Speciai Inquiry. - There shall be constituted
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as many Boards of Special Inquiry (BSI) as required in the exigency of service but not
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more than twelve (12). Each Board shall be composed of a Chairperson and two (2)
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members. The Overall Chairperson of the BSI shall sit as the Chairperson of the First
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Board of the BSI. The BSI shall be designated according to their areas of specialization
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to be determined by the Board.
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Sec. 18. Appointment and Quaiification of the Chairpersons and Members of the
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BSL - The Chairpersons and members of the BSI shall be appointed by the Commissioner,
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all of whom shall be natural-born citizens of the Philippines and, at the time of their
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appointment, at least thirty (30) years of age, members of the Philippine Bar in good
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standing and engaged in the practice of law for at least three (3) years.
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Sec. 19. Powers and Functions of the BSL -The BSI shall:
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a. Recommend to the Board for final resolution cases and applications relative
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to:
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1. Deportation;
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2. Revocation of immigration status;
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3. Recognition of Philippine citizenship by reason of birth, or marriage;
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4. Legalization of residence in accordance with law; and
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5. Issuance of visa for stateless person.
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b. Issue subpoena in cases being heard by the BSI;
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c. In the exercise of its quasi-judicial functions, cite and punish persons for
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contempt in accordance with the Rules of Court;
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d. Recommend to the Board the imposition, waiver or reduction of fees, fines, 
penalties and other charges subject to existing laws, rules and regulations;
e. Administer oaths;
f. Promulgate rules and regulations governing matters within its assigned 
mandate subject to the approval of the Board; and
g. Perform such other duties and functions as may be directed by the
Commissioner and the Board.
Sec. 20. Proceedings Before the BSL - The proceedings before the BSI shall be 
public and recorded. In all cases, the BSI shall meet and act as a collegial body. Only 
members of the Philippine Bar in good standing shall appear for and in behalf of any party 
before the BSI.
Sec. 21. Creation of Positions under the BSL - The following positions with the 
corresponding salary grades are hereby created under the BSI:
POSITION
SALARY GRADE
Special Inquiry Officer II
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Special Inquiry Officer I
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CHAPTER 6
DIRECTORATES AND OTHER OPERATING OFFICES OF THE BUREAU
Sec. 22. Directorates and Other Operating Offices of the Bureau. -The Bureau 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;
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6. Immigration Regulation;
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7. Intelligence;
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8. Law Enforcement;
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9. Operations;
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10. Legal Affairs; and
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11.Human Resource Management and Development.
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b. Regional Offices that shall be created by the Board according to political or
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administrative regions.
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c. Districts:
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1. Major Airports; and
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2. Seaports.
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Sec. 23. Heads of he Directorates and Other Operating Units. - Each Directorate
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shall be headed by a Director with a Salary Grade of 28: Provided, That the Director for
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Legal Affairs shall be a member of the Philippine Bar in good standing and must have
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been engaged in the practice of law for at least three (3) years, and that the Director for
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Finance and Logistics shall be a Certified Public Accountant in good standing for at least
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three (3) years. The Regional Offices shall be headed by a Regional Director with a Salary
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Grade of 27, while the District Offices shall be headed by a District Supervisor with a
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Salary Grade of 26.
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Sec. 24. Duties and Functions of the Directoraet Regionai Office Districts, Field
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Offices and Other Operating Offices. - The different directorates and other operating
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offices of the Bureau shall have such number of officers and as may be defined by the
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Board to ensure the effective performance of their respective mandates.
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CHAPTER 7
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IMMIGRATION OFFICERS
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Sec. 25. Immigration Officers, Immigration Inspectors and Immigration Agents.
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The Bureau shall employ an elite group of Immigration Officers who shall be assisted by
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Immigration Inspectors and Immigration Agents in the performance of their duties and
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functions. No person shall be appointed to the position of Immigration Officer,
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Immigration Inspector or Immigration Agent unless such person meets the qualification
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standards set by the Bureau, which shall include the following determinative factors in
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setting said qualification standards for each position:
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. a. Educational Attainment
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b. Civil Service Eligibility
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c. Relevant Experience
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d. Training
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1. Basic
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2. Advanced
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3. Executive
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e. Ability
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Sec. 26. Powers and Functions of Immigration Officers. - The Immigration
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Personnel shall have the following powers and functions:
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a. Examine, with the assistance and advice of medical authorities in appropriate
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cases, foreign nationals at the port of entry concerning their admissibility to enter
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and their qualifications to remain in the Philippines;
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b. Exclude foreign nationals not properly documented, and to admit foreign
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nationals complying with the applicable provisions of immigration and related laws;
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c. Administer oaths in connection with the performance of their duties;
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d. Within lawful bounds, search for foreign nationals on any vessel reasonably
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believed to be used to illegally bring foreign nationals Into the Philippines, and to
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take into custody any foreign national who in one's presence or view is entering
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or is about to enter the Philippines in violation of immigration and related laws,
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rules and regulations;
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e. Act as control personnel with authority to prevent the departure of passengers
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who do not comply with duly published departure requirements;
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f. Detect and report violations of the immigration and registration laws and, in
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appropriate cases, take the required necessary actions upon the instructions of the
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Commissioner, including follow-up 
on the stay of non- immigrants to prevent
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overstaying;
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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;
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Report on the activities of aliens inimical to national interest with a view t 
taking appropriate action in accordance with law;
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Locate and conduct surveillance against foreign nationals in violation of 
immigration laws, rules and regulations;
k. Provide actionable operational, tactical and strategic intelligence to the 
operating units;
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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;
o. 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;
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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;
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V. Warrants of Deportation (WOD) and Mission Orders involving foreign nationals
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who violate or are in violation of immigration laws, rules and regulations; and
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w. Perform such other functions as may be assigned by the Commissioner from
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time to time.
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Qualified Immigration Officers, Immigration Inspectors and Immigration Agents
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with the requisite training and experience may be assigned to the Intelligence, Law
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Enforcement, or Operations Directorates depending on the exigencies of the Bureau. The
8 
Board may, in the exigencies of service, 'designate certain duties and responsibilities
9 
listed in this Section to other officers and employees in the Intelligence, Law Enforcement
10 
or Operations Directorates in an acting capacity: Provided, That such designation shall
11 
not exceed a period of one (1) year.
12 
Sec. 27. Deployment of Immigration Personnel Abroad. - Within ninety (90) days
13 
from the effectivity of this Act, the Bureau shall promulgate the implementing rules and
14 
regulations on the assignment and deployment of immigration personnel to select
15 
consular posts abroad who shall, subject to the pertinent provisions of Republic Act No.
16 
7157 or the "Philippine Foreign Service Act of 1991," perform immigration duties, except
17 
diplomatic and consular functions.
18 
CHAPTER 8
19 
PLANNING AND RESEARCH
20
21 
Sec. 28. Immigration Research Specialist- No person shall be appointed to the
22 
position of Immigration Research Specialist unless such person meets the qualification
23 
standards set by the Bureau. The Immigration Research Specialists shall perform the
24 
following duties:
25 
a. Formulate and Implement the planning programs, projects and processes;
26
27 
b. Facilitate and organize a strategic planning;
28 
c. Conduct workload assessment and forecasting;
29 
d. Provide assistance to the Board in the implementation and establishment of
30 
a risk management process;
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e. Implement a monitoring feedback measurement and evaluation system for 
the implementation of projects and programs;
f. Represent the Board in meetings relating to Planning and Research; and
g. Perform such other tasks as may be directed by the Commissioner.
Sec. 29. Creation of Positions; Directorate for Pianning and Research. - The 
following positions with corresponding salary grades are hereby created:
POSITION
SALARY GRADE
Chief Immigration Research Specialist
28
Supervising Immigration Research Specialist
25
Immigration Research Officer III
23
Immigration Research Officer II
21
Immigration Research Officer I
17
Immigration Research Assistant
15
CHAPTER 9
HUMAN RESOURCE MANAGEMENT AND DEVELOPMENT
Sec. 30. 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 of strategic goals;
d. Oversee the recruitment, selection and promotion of employees;
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e. Prepare schemes to strengthen the relationship between management and 
employees;
f. Set qualification standards and implement competency-based hiring and 
promotion poiicies;
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. 31. Creation of Positions; Directorate for Human Resources Management and 
Development - The foilowing positions with the corresponding salary grades are hereby 
created under the Directorate for Human Resources Management and Deveiopment:
POSITION
SALARY GRADE
Chief Human Resource Management Officer
28
Supervising Human Resource Management Officer
25
Human Resource Management Officer III
23
Human Resource Management Officer II
21
Human Resource Management Officer I
17
HR Management Assistant
15
CHAPTER 10
CAREER DEVELOPMENT PATTERN
Sec. 32. Career Development - The Bureau 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 all personnel through a career advancement training and 
education prior to their promotion; and
c. Formuiate training requirements to impiement the provisions in this Titie.
18


1 
CHAPTER 11
2 
OTHER OFFICES
3 
Sec. 33. Reid Offices of the Bureau. - The Bureau shall operate and maintain a
4 
field office in each of the administrative or political regions, including the National Capital
5 
Region.
6 
Sec. 34. Changes in the Composition, Distribution of Assignment of Reid Offices. -
7 
The Commissioner may make changes in the composition, distribution and assignment of
8 
field offices, as well as its personnel, based on the demographics of the foreign nationals
9 
and as the exigency of the service requires.
10 
Sec. 35. Border Controi Stations. - There shall be established Border Control
11 
Stations which shall be manned by Border Control Personnel appointed by the
12 
Commissioner. The Border Control Stations shall be placed in specific areas in the
13 
Philippines which shall be determined by the Board.
14 
TITLE III
15 
IMMIGRATION
16
17 
CHAPTER 1
18 
NON-IMMIGRANTS
19 
Sec. 36. Categories of Non-immigrants and Types of Visa Issued. - Foreign
20 
nationals departing from any place outside the Philippines who are otherwise admissible
21 
and who qualify under any one of the following categories may be admitted as non-
22 
immigrants:
23
24 
a. Temporary visitors (A Visas): Visitors coming to the Philippines for a temporary
25 
period for reasons of business, pleasure or health:
26 
1. Business (A-1 Visa): Temporary visitors engaged in activities of a
27 
commercial or professional nature for a foreign employer or for themselves
28 
that will not result In gainful employment in the Philippines. As used herein,
29 
the term "business" refers to conventions, conferences, consultations and
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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 a confirmed connecting flight to another country or 
passengers in immediate and continuous transit to a destination outside the 
Philippines;
c. Crew members (C Visa): Members of the crew of vessels required for the normal 
operation and servicing of the vessels who come to the Philippines temporarily as 
part of their jobs either arriving with or coming to join thevessels;
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-lvisa. 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-lVisa: The E-lVisa shall be issued to the following
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classes of foreign nationals:
i. Heads of State and/or Heads of Government and their personal 
representatives;
li. Members of reigning royal families from countries recognized by the 
Philippine Government;
iii. 
Governors-General, Governors, and High Commissioners 
of dependent territories and their personal representatives;
iv. 
cabinet ministers and their deputies, and officials with cabinet rank 
of 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 he 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;
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1 
3. Persons eligible for E-3 Visa: The E-3 visa shall be issued to an official of a
2 
foreign government recognized by the Philippines, is a national of the country
3 
whose government he represents, and is proceeding to the Philippines on a short-
4 
term basis in connection with official business for such foreign official's
5 
government.
6 
This category includes, inter alia, the following classes of foreign nationals:
7 
i. 
Diplomatic couriers regularly and professionally employed as such;
8 
ii. 
All members of official special missions of a diplomatic character;
9 
iii. 
Members of delegations proceeding to or from an international
10 
conference of a diplomatic or official nature; and
11 
iv. Such other officials going to the Philippines on diplomatic or official
12 
missions;
13 
4. Persons eligible for E-4 Visa: The E-4 Visa shall be issued to the private
14 
employees and household members of persons to whom E-1 and E-2 visas have
15 
been granted, as well as their immediate dependents;
16 
All visas under enumerated in Sec. 36(e) of this Act shall be exclusively issued and
17 
renewed by the DFA, which shall also determine the type of E- Visa of Foreign
18 
Government Officials not identified in the foregoing lists. The grant of immunities and
19 
privileges shall be subject to applicable domestic and international law and international
20 
agreements to which the Philippines is a party, as well as in consideration of the principle
21 
of reciprocity.
22 
f. Students (F Visa): Foreign students having means sufficient for their support
23 
and education in the Philippines who seek to enter the Philippines temporarily for
24 
the sole purpose of taking up a course of study higher than high school at a
25 
university, seminary, academy or college accredited to admit such, foreign
26 
students by the Commission on Fligher Education in coordination with the Bureau;
27 
g. Prearranged Employment (G Visa): Foreign nationals coming to the Philippines
28 
on prearranged employment, including their family members accompanying or
29 
following to join them within the period of their employment. This category
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include intra-company transferees, professionals, performing artists, athletes, 
and cultural exchange workers under a work exchange program;
h. Religious Workers (H Visa): Duly ordained or professional missionaries and 
religious ministers, including members of their family, coming to the Philippines to 
join a religious congregation or denomination duly registered with the Securities 
and Exchange Commission, upon invitation, sponsorship or guarantee of such 
religious congregation or denomination, solely for the purpose of propagating, 
teaching and disseminating their faith or religion;
i. Representatives of Accredited International Organizations and Government 
Agencies (I Visa): Foreign officials and staff of accredited international 
organizations, including their dependent family members, staff, and household 
members shall be granted I Visas divided into four (4) types, namely:
1. Persons eligible for 1-1 Visa: The 1-1 Visa shall be issued to the principal 
officials of international organizations, as well as their accompanying 
wives and dependents;
2. Persons eligible for 1-2 Visa: The 1-2 visa shall be issued to the other 
officials and staff of international organizations, as well as their 
accompanying spouses and dependents;
3. Persons eligible for 1-3 Visa: The 1-3 visa shall be issued to officials and 
staff of international organizations who will perform short-term official work 
with the international organization upon its invitation; and
4. Persons eligible for 1-4 Visa: The 1-4 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.
Accredited international organization include any public international organization 
engaged in activities of which the Philippines participates pursuant to any treaty 
or under the authority of any act of the Congress of the Philippines authorizing 
such participation or making an appropriation for such participation and such other 
international organizations, institutions, agencies, programs, foundations and
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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 Sec. 36(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.
j. Media Workers (J Visa): Foreign media personnel or correspondents, duly 
accredited by the government agency concerned, who are bona fide 
representatives of a foreign press, radio, satellite, television, film, or other 
information media, and are coming to the Philippines solely to engage in gathering 
information principally for dissemination abroad, including their family members 
accompanying or following to join them during the period of the assignment in the 
Philippines;
k. Exchange Visitors (K Visa): Foreign nationals entering the Philippines to teach, 
study, observe, conduct research or receive training in a specific Exchange Visitor 
Program duly approved by the Philippine Government;
l. Refugees (L-1 Visa) and Stateless Persons (L-2 Visa): Refugees as defined in 
Sec. 3 (y) hereof shall be issued L-1 Visa. Stateless persons, whose admission for 
humanitarian reasons and not inimical to public interest has been approved by the 
Commissioner or the President in such cases and under such conditions as he may 
prescribe, shall be issued L-2 Visa;
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 Sec. 43(a), while an application for adjustment of status is being 
processed; and
24


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n. Special Non-Immigrants (N Visas): Such other foreign nationals including their
2 
family members who may be admitted as non-immigrants under special laws or
3 
foreign nationals not otherwise Provided for by this Act who are coming for
4 
temporary periods only, and whose admission is authorized by the Board or the
5 
President in the interest of the public or for humanitarian considerations and under
6 
such conditions as may be prescribed.
7
8 
CHAPTER 2
9 
IMMIGRANTS
10 
Sec. 37. Quota Immigrants. - Subject to the conditions set forth in this Act, there
11 
may be admitted into the Philippines, immigrants, otherwise known as "quota
12 
immigrants," not to exceed two hundred (200) of any one nationality for any one calendar
13 
year and upon allotment by the Commissioner of the corresponding quota number. In
14 
the allotment of quota numbers, the following order of preference shall be observed:
15 
a. First Preference: Those whose service and qualifications show high educational
16 
attainment, technical training, specialized experience, or exceptional ability in
17 
the sciences, arts, professions, or business as would reasonably enhance and
18 
contribute substantial benefits prospectively to the national economy, or
19 
cultural or educational interests or welfare of the Philippines, including their
20 
family members, accompanying or following to join them, who shall likewise
21 
be allotted individual quota numbers;
22 
b. Second Preference: Parents of a naturalized Philippine citizen;
23 
c. Third Preference: Spouses or minor children of foreign nationals who are lawful
24 
permanent residents of the Philippines; and
25
26 
d. Fourth Preference: Parents of foreign nationals who are lawful permanent
27 
residents of the Philippines.
28 
Sec. 38. Allotment of Quota. - The Commissioner shall, with respect to the first
29 
preference, allot not more than fifty percent (50%) of the annual quota allotment up to
30 
the end of June each year: Provided, That\^ the fifty percent (50%) is not utilized by the
25


1 
first preference, the balance thereof shall be given to the second, third, and fourth
2 
preferences in accordance with Sec. 37 of this Act shall be that of the country of which
3 
the immigrant is a national or a citizen. Any unused quota allotment for a calendar year
4 
shall not be carried over and utilized for the ensuing calendar year.
5 
Sec. 39. Basis in Determination of Quota Allotment-The nationality of immigrants
6 
whose admission is subject to the numerical limitation imposed by Sec. 37 of this Act
7 
shall be that of the country of which the immigrant is a national or a citizen. The
8 
nationality of immigrants possessing dual nationality may be that of either of the two
9 
countries regarding them as a national or citizen if they apply for a visa in a third country.
10 
If such immigrants apply for a visa within one of the two countries regarding them as a
11 
national or citizen, their nationality shall be that of the country in which they filed their
12 
application for a visa to enter the Philippines.
13 
Sec. 40. Non-Quota Immigrants. -The following immigrants, known as "non- quota
14 
immigrants," may be admitted without regard to numerical limitation and immigration
15 
reciprocity:
16 
a. The spouse of a Phiiippine citizen: Provided, 77?^^abandonment by the foreign
17 
spouse, the failure to give support by the foreign spouse to the Filipino spouse and
18 
family, and the legal separation or termination of the maritai status by annulment,
19 
declaration of nullity of marriage or divorce where the cause is attributable to the
20 
foreign spouse, shali constitute grounds for cancellation of the immigrant visa
21 
issued to the foreign spouse;
22 
b. A person of Filipino descent regardless of generation;
23 
c. A child born to a foreigner mother during her temporary visit abroad, the mother
24 
being a lawful permanent resident of the Philippines, if accompanied by or coming
25 
to join the mother who applies for admission within five (5) years from the birth
26 
of the child;
27 
d. A child born subsequent to the issuance of 
an immigrant visa to the
28 
accompanying parent, the visa not having expired or revoked;
26


1 
e. A foreign national who had been previously lawfully admitted into the Philippines
2 
for permanent residence who is returning from a temporary visit abroad to an
3 
unrelinquished residence in the Philippines;
4 
f. A natural-born citizen who becomes a naturalized citizen of a foreign country
5 
and is returning to the Philippines for permanent residence therein, including the
6 
spouse and minor children accompanying or following to join such person; and
7 
g. Spouse, parent, children, legitimate siblings of a foreign national who is gainfully
8 
employed and holder of a permanent resident status for a period of seven (7)
9 
years.
10 
CHAPTER 3
11 
NATIVE-BORN FOREIGN NATIONAL
12 
Sec. 41, Status of Children Born to Immigrants. - A child born in the Philippines to
13 
parents who are foreign nationals and lawful residents of the Philippines shall be deemed
14 
a native-born permanent resident.
15 
Sec. 42, Status of Children Born to Non-immigrants. - A child born to parents who
16 
are both non-immigrants shall be deemed a native-born non-immigrant or temporary
17 
resident and may remain in the Philippines only during the period of authorized stay of
18 
parents, unless the child reaches the age of eighteen (18) years while continuously
19 
residing in the Philippines, in which case such child may apply for naturalization under
20 
existing laws or for an appropriate visa.
21
22 
CHAPTER4
23 
ADJUSTMENT OF STATUS
24
25 
Sec. 43. Conditions for Adjustment of Status of Foreign Nationals. - The status of
26 
a foreign national admitted into the Philippines as non-immigrant may be adjusted by the
27 
Board to that of a foreigner lawfully admitted as a permanent resident if:
28 
a. The foreigner makes an application for such adjustment;
29 
b. The foreigner is eligible to receive a quota or non-quota immigrant visa and
30 
is admissible to the Philippines as a permanent resident; and
27


1 
c. A quota immigrant visa, if such is the case, is immediately available to the
2 
foreign national at the time of application, without the need of first departing from
3 
the Philippines.
4 
In all such cases, the personal appearance of the foreigner shall be required during
5 
the consideration of the application.
6 
Sec. 44. Effect of Approval on Application for Adjustment - Upon the approval
7 
of an application for adjustment of status under the preceding Sec., the Commissioner
8 
shall record the foreign national's lawful admission as a permanent resident as of the
9 
date of the approval of the application and shall be included as part of the quota for the
10 
calendar year in accordance with Sec. 37 of this Act.
11 
Sec. 45. Adjustment of Status, When Not Allowed. - Adjustment of status under
12 
this Act shall not be applicable to:
13 
a. A foreign national who has violated or is in violation of immigration laws,
14 
rules and regulations unless the violation is without the fault of the foreign
15 
national or for purely technical reasons; and
16 
b. Transients.
17 
Sec. 46. Loss of Status. - A registered foreign national, except a temporary visitor,
18 
who fails to return to the Philippines within a period of one (1) year from departure shall
19 
lose the status granted under litle III of this Act. Such foreign national may apply for an
20 
extension of the period within which to return prior to its expiration and pay the
21 
prescribed fees and charges in order to maintain the status or type of visa granted.
22
23 
CHAPTER 5
24 
DOCUMENTATION AND ADMISSION OF NON-IMMIGRANTS
25 
Sec. 47. Documentary Requirements of Non-Immigrants. - Non-immigrants must
26 
present for admission into the Philippines valid passports issued by the governments of
27 
the countries to which they owe allegiance or other travel documents showing their
28 
nationality and identity as prescribed by regulations, a valid visa granted by the Philippine
29 
Immigration Attache, if required, and such other relevant documents as may be required
30 
under existing laws, rules, regulations, or multilateral or bilateral agreements.
28


1 
Sec. 48. Conditions and Period of Authorized Stay of Temporary Visitors. -The
2 
initial period of authorized stay of a foreign national admitted as a temporary visitor under
3 
Sec. 37(a) of this Act shall not exceed fifty-nine (59) calendar days from the date of
4 
arrival, subject to bilateral, regional and multilateral visa agreements entered into by the
5 
Philippines: Provided, That^e conditions for extensions and total period of authorized
6 
stay shall be prescribed by the Commissioner: Provided, further. That during the foreign
7 
national's authorized stay, such foreign national: (a) shall not take any employment,
8 
whether paid or unpaid; (b) shall not establish or join in any business; and (c) shall not
9 
enroll or become a student at a school, college, university, academy, or other educational
10 
Institution, unless granted, upon proper application, a conversion to another immigration
11 
status Provided under this Act.
12 
Sec. 49. Conditions for Issuance of Pre-Arranged Empioyment Visas. -A foreign
13 
national who is coming to the Philippines for prearranged employment shall not be issued
14 
a non-immigrant visa referred to in Sec. 36(g) until the Immigration Attache shall have
15 
received authorization for the issuance of the same. Such authorization shall be given
16 
only upon the filing of a petition with the Board establishing, among others, that no
17 
person can be found in the Philippines willing and competent to perform the work or
18 
service for which the foreigner is desired and that the admission would be beneficial to
19 
the public interest. The petition shall be under oath by the prospective employer or the
20 
latter's representative in the form and manner prescribed by the Board.
21 
If the Board finds that the petition complies with the requirements of the preceding
22 
paragraph and of other regulations, it shall grant the petition and shall promptly transmit
23 
the authorization to the DFA.
24
25 
Sec. 50. Submission of Crew List and Passenger Manifest - Simultaneous to the
26 
vessel's departure from the port of origin, the master, captain, agent, owner or consignee
27 
of any commercial vessel arriving to the Philippines shall submit to the Bureau, within a
28 
reasonable time prior to such arrival, the crew lists, passenger manifests and such other
29 
information concerning the persons arriving on such a vessel. In the same manner and
30 
condition, the master, captain, agent, owner or consignee of any commercial vessel
29


1 
departing from any port in the Philippines shall submit to the Bureau, within a reasonable
2 
time prior to such departure, the crew list, passenger manifest and such other information
3 
concerning the persons departing on such vessel. The crew list of an incoming sea craft
4 
shall contain the appropriate visa granted by the Consular Officer.
5 
Sec. 51. Inspection of Crewmembers. - It shall be the duty of the master, captain,
6 
agent, owner or consignee of any vessel arriving in the Philippines to have available on
7 
board, for inspection by the Immigration Personnel, any foreign crewmember employed
8 
on such vessel and, when required by the immigration authorities, to detain such
9 
crewmember on board after inspection or to remove such crewmember. No crewmember
10 
on board such vessel shall be discharged while the vessel is in port without the permission
11 
of the Commissioner.
12 
Sec. 52. Permission for Temporary Landing of a Foreign Crewmember. - A
13 
foreign crewmember on a vessel arriving in the Philippines may be permitted to land
14 
temporarily under such conditions as may be prescribed by the Commissioner. All
15 
expenses incurred by the Office while the crewmember is on land shall be borne by the
16 
master, captain, agent, owner or consignee of the carrying vessel.
17
18 
CHAPTER 6
19 
DOCUMENTATION AND ADMISSION OF IMMIGRANTS
20 
Sec. 53. Documentary Requirements of Immigrants; Instances When Not
21 
Required. - Immigrants must present for admission into the Philippines valid passports
22 
or travel documents issued by the government of the country to which they owe
23 
allegiance, showing their nationality and identity and valid immigrant visas indicating the
24 
date of issue and the period of validity thereof. Immigrant visas shall not be required of
25 
the following:
26 
a. A child born subsequent to the issuance of a valid immigrant visa to the
27 
accompanying parent;
28 
b. A child born during the temporary visit abroad of the mother who is a lawful
29 
permanent resident of the Philippines and a holder of a valid re-entry permit, if
30


1 
the child is accompanied by either parent within five (5) years from the date of
2 
the child's birth; and
3 
c. A foreign national who is returning to an unrelinquished lawful permanent
4 
residence in the Philippines after a temporary residence abroad and presents for
5 
admission a valid re-entry permit.
6
7 
CHAPTER 7
8 
VISA ISSUANCE
9 
Sec. 54. Nature of Visa. - Nothing in this Act shall be construed to automatically
10 
entitle any foreign national to whom a visa or other travel document has been issued to
11 
enter the Philippines if, upon arrival at a port of entry, he/she is found to be inadmissible
12 
under this Act or any other law.
13 
Sec. 55. Visa Policy. - The policies governing the issuance, extension, renewal and
14 
conversion of visas referred to in this Act shall be formulated by the Bureau and the DFA,
15 
when appropriate, in consultation with concerned government agencies and offices.
16 
Sec. 56. Visa Issuance Abroad. - All visas issued abroad shall be done by Consular
17 
Officers assigned at Philippine Foreign Service posts in the following manner:
18 
a. Upon approval by the Commissioner and recommendation by a Consular Officer,
19 
a quota immigrant visa may only be issued to a foreign national who has made a
20 
proper application therefor, which shall specify the nationality to which the quota
21 
number is assigned, the immigrant's particular status in such country, the
22 
preference to which the foreign national is classified, the date on which the validity
23 
of the visa shall expire, and such additional information as may be required; and
24
25 
b. The DFA, through its Consular Office abroad or the Office of the Visa Director,
26 
shall approve the issuance of non-quota immigrant and non- immigrant visas to a
27 
foreign national who has made a proper application therefor.
28 
The issuance of special non-immigrant visas falling under the jurisdiction of a
29 
particular government office or agency can only be done in coordination with and
30 
upon recommendation of the government agency or office concerned.
31


1 
Sec. 57. Requirements for Physical and Mental Examination Prior to Issuance of
2 
Immigrant Visa. - Prior to the issuance of an immigrant visa to any foreign national, the
3 
Consular Officer shall require such person to submit to a physical and mental examination
4 
in accordance with such regulations as may be prescribed by the Commissioner.
5 
Sec. 58. Visa Validity Period. -A single-entry non-immigrant or immigrant visa
6 
issued by a Consular Officer abroad pursuant to Sec. 56 of this Act shall be valid for a
7 
period not exceeding three (3) months: Provided, that in prescribing the validity period
8 
of a single-entry non-immigrant visa, the Consular Officer may allow a longer validity
9 
period based on reciprocity as accorded by the foreign country to citizens of the
10 
Philippines who are within a similar class.
11 
An immigrant visa may be replaced under the original number during the calendar
12 
year in which the original visa was issued to a foreign national who establishes to the
13 
satisfaction of the Consular Officer that the original immigrant visa was not used during
14 
the period of its validity for reasons beyond the visa holder's control: Provided, that the
15 
foreign national is found by the Consular Officer to be eligible for another immigrant visa
16 
and has paid all the fees.
17 
Sec. 59. Denial of Visa; Grounds. - The Consular Officer may deny the application
18 
for visa (a) if it appears from the statements in the application or in the documents
19 
submitted the applicant is not eligible for a visa under this Act; or (b) if the applicant fails
20 
to comply with the requirements of the provisions of this Act.
21 
Sec. 60. Revocation of Visa Issued by Consular Officer. - The Commissioner may,
22 
for valid cause and upon confirmation by the DFA, revoke a visa issued by any Consular
23 
Officer. If the notice of revocation is not received and the visa holder applies for admission
24 
into the Philippines, the admission or entry of the foreign national shall be determined by
25 
the Immigration Personnel upon arrival at the port of entry.
26
27 
CHAPTER 8
28 
RE-ENTRY AND EMIGRATION CLEARANCE
29 
Sec. 61, Re-entry. -In all instances when a registered foreign national, except a
30 
temporary visitor, departs or is about to depart temporarily from the Philippines with the
32


1 
intention to return within one (1) year from departure, the foreign national must secure
2 
a re-entry permit or, if the authorized stay is less than one (1) year, a Special Return
3 
Certificate, and pay the corresponding fees and charges therefor.
4 
Sec. 62. Emigration Clearance. - A registered foreign national who departs
5 
permanently from the Philippines shall surrender all Philippine immigration documents
6 
and apply for and be issued an Emigration Clearance Certificate, subject to the following
7 
conditions:
8 
a. The immigrant has no pending obligation with the government or any of its
9 
agencies or instrumentalities;
10 
b. The immigrant has no pending criminal, civil, or administrative proceeding
11 
which requires continued presence in the country; and
12 
c. There is no ongoing legislative inquiry where the immigrant is called upon
13 
to testify as a witness.
14 
A temporary visitor departing from the Philippines shall, after the expiration of the
15 
initial authorized stay, apply for emigration clearance and pay the prescribed fees and
16 
charges therefor.
17
18 
CHAPTER 9
19 
PRESIDENTIAL PREROGATIVES
20 
Sec. 63. Presidential Prerogatives. - Any provision of this Act to the contrary
21 
notwithstanding, the President may:
22
23 
a. Deny the entry and admission into the Philippines, or impose such restrictions
24 
as may be deemed appropriate, any foreign national or a class of foreign nationals,
25 
whenever the President finds that such entry would be detrimental to the interest
26 
of the Philippines;
27 
b. Waive passport or documentary requirements for non-immigrants and
28 
immigrants under such terms and conditions as may be prescribed;
29 
c. Change the status of non-immigrants by allowing them to acquire
30 
permanent residence status without necessity of a visa;
33


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
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. 64. 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.
CHAPTER 2
PROCEDURES ON ARRIVAL
Sec. 65. Inspection by Immigration Personnel - A foreign national seeking 
admission or readmission shall present a valid passport and visa, if required, to the 
Immigration Personnel 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
34


1 
foreigner, may be challenged by another Immigration Officer on any ground provided in
2 
this Act. The final determination on the admissibility of such foreign national shall be
3 
determined by the Commissioner within forty-eight (48) hours in case no resolution is
4 
reached between the Immigration Officer on the challenged admission. In case of
5 
admission, the Immigration Officer shall indicate in the passport the date, the port of
6 
entry and the identity of the vessel boarded.
7 
Sec. 66. Detention or Quarantine for Examination. - For the purpose of determining
8 
whether a foreign national arriving at any port in the Philippines belongs to any of the
9 
classes excludable under this Act by reason of being afflicted with any of the contagious
10 
or communicable disease or mental disorder as set forth under Sec. 76(a) of this Act or
11 
whenever the Commissioner has received information showing that foreigners are coming
12 
from a country or a place where any of such diseases are prevalent or widespread, the
13 
foreigner shall be detained or quarantined for a reasonable period of time to enable the
14 
immigration and medical officers to subject such person to observation and examination.
15 
Sec. 67. Medicai Examination Requirement- Any arriving foreign national whom
16 
the examining Immigration Officer believes to belong under the class of excludable
17 
foreign nationals specified in Sec. 76(a) of this Act shall be referred to designated medical
18 
officers for physical and mental examination. Such medical officer shall certify the findings
19 
of the examination for the information of the Immigration Officer.
20
21 
Sec. 68. Arrival Notice Requirements of Vessel- The immigration authorities shall
22 
be given prior notice of the arrival of any civilian vessel before such vessel comes into
23 
any area in the Philippines from any place outside thereof. Such prior notice shall not be
24 
required in the case of vessels with scheduled arrivals filed with the Immigration Officer
25 
in charge at the international port of entry.
26 
If, upon arrival in any area other than the designated port and there is no available
27 
Immigration Officer therein, the master, pilot, captain, agent or consignee shall not allow
28 
the passengers and crew members to disembark or leave the primary inspection area
29 
until the Immigration Officer shall have conducted the primary inspection formalities.
35


1 
Sec. 69. Contents of Notice of Arrival-Jhe advance notice of arrival required in the
2 
preceding Section shall specify the following:
3 
a. Type of vessel and registration marks;
4 
b. Crew list, who have been duly issued visas;
5 
c. Passenger manifest;
6 
d. Port of iast departure;
7 
e. International port of intended destination, or other place authorized by the
8 
Commissioner;
9 
f. Estimated time of arrival; and
10 
g. Authorized agent or representative at the place of arrival.
11
12 
CHAPTER 3
13 
FOREIGN CREWMEMBER
14 
Sec. 70. Conditional Permit to Disembark. - A foreign crewmember of a vessel
15 
under Sec. 36(c) of this Act may be granted a conditional permit, in a form prescribed by
16 
regulations, to disembark temporarily from the vessel on which such crewmember arrived
17 
while the vessel remains in port under such terms and conditions as may be prescribed
18 
by the Commissioner.
19 
Sec. 71. Confiscation and Cancellation of Permit; Deportation from the Philippines.
20 
- Upon the determination that the foreign national is not a bona fide crewmember or does
21 
not intend to depart on the vessel that brought him, the Commissioner shall cancel and
22 
confiscate the conditional permit already issued, take such foreign national into custody,
23 
and require the owner, operator, captain, master, pilot, agent or consignee of the vessei
24 
on which the foreigner arrived to receive and detain the foreigner on board. The expenses
25 
for removal of the foreign national, including the cost of detention and other expenses
26 
incidental thereto, shall be borne by the owner, operator, captain, master, pilot, agent or
27 
consignee of such vessel.
28 
Sec. 72. Liability for Overstaying Foreign Crewmen. - A foreign crewmember who
29 
remains in the Philippines in excess of the period allowed in the conditional permit issued
36


1 
shall be solidarily liable with the owner, operator, captain, master, pilot, agent or
2 
consignee of the vessel to pay the penalties prescribed in Sec. 120 of this Act.
3 
Sec. 73. Liability for Unauthorized Discharge of Foreign Crewmember. - It shall be
4 
unlawful for any person, including the owner, operator, captain, master, pilot, agent or
5 
consignee of any vessel to discharge any foreign crewmember employed by a vessel
6 
arriving in the Philippines and while in port, without first obtaining the prior permission
7 
of the Commissioner. Otherwise, such person or owner, operator, captain master, piiot,
8 
agent or consignee of the vessel shall pay such fines as may be prescribed under this
9 
Act. No vessel shall be granted clearance from any port in the Philippines while such tines
10 
remain unpaid or while the validity thereof is being determined: Provided, that a clearance
11 
may be granted prior to such determination upon deposit of a sum or cash bond sufficient
12 
to cover such fines as approved by the Commissioner.
13 
Sec. 74. Duty to Report Desertion or Illegal Landing of Foreign Crewmember. -
14 
The owner, operator, captain, master, pilot, agent or consignee of any vessel shall
15 
immediately report, in writing, to the Immigration Officer all cases of desertion or illegal
16 
disembarkation in the Philippines from the vessel, together with a description of such
17 
foreign nationals and any information that shall result in their apprehension.
18 
Sec. 75. Requirement for Submission of List of Newly Employed, Discharged and
19 
Illegally Landed Foreign Crewmember. - Prior to the departure of any vessel from the last
20 
port in the Philippines destined to any piace outside thereof, the owner, operator, captain,
21 
master, pilot, agent or consignee thereof shall deliver to the Immigration Officer at that
22 
port a list containing:
23 
a. The names of crewmembers who were not employed thereon at the time
24 
of the vessel's arrival on such port but will depart thereat on the same vessel;
25 
b. The names of those who have been discharged, if any;
26 
c. The names of those who have deserted or illegally landed at that port, if any;
27 
and
28 
d. Such other additional information as the Commissioner deems necessary.
29 
Sec. 76. Liability for Failure to Submit Complete, True and Correct Report - The
30 
owner, operator, captain, master, pilot, agent, or consignee who fails to submit a true
37


1 
and complete list or report of foreign nationals or to report cases of desertion or illegal
2 
landing shall pay such sum as may be prescribed under this Section 116 of this Act. No
3 
vessel shall be granted clearance from any port in the Philippines while such fines remain
4 
unpaid or while the validity thereof is being determined: Provided, that clearance may be
5 
granted prior to such determination upon deposit of a sum or cash bond sufficient to
6 
cover such fines as approved by the Commissioner.
7
8 
CHAPTER 4
9 
EXCLUSIONS
10 
Sec. 77. Exclusion Grounds. -The following classes of foreign national shall not be
11 
allowed entry and shall be excluded from the Philippines:
12 
a. Health Related Grounds
13 
1. Those who are found to be suffering from a communicable, dangerous
14 
or contagious disease, unless excepted under existing laws, rules and
15 
regulations;
16 
2. Those who are found to be suffering from mental disorder or associated
17 
behavior that may pose a threat to persons or danger to property;
18 
3. Those who are found to be suffering from addiction to prohibited or
19 
regulated substance;
20 
b. 
Economic Grounds
21 
1. Those likely to become a public charge;
22
23 
2. Those seeking entry for the purpose of performing skilled or unskilled
24 
labor, without a permit from the Secretary of the Department of Labor
25 
and Employment as required by law;
26 
c. 
Moral Grounds
27 
1. Those coming to the Philippines to practice polygamy or who advocate
28 
the practice of polygamy unless the person's religion allows such
29 
practices;
38


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28 
29
2. 
Those who are pedophiles, sexual perverts, or those coming to the 
Philippines for immoral purposes;
3. 
Those who are engaged or who seek to engage in prostitution or to 
procure or attempt to procure prostitutes, or who receives in whole or in 
part the proceeds of prostitution;
4. 
Those who, at the time of primary inspection, by the Immigration 
Officer exhibit any obnoxious behavior, contempt or disrespect for the said 
officer or any government official or employee of the Bureau;
d. Criminal and Security Grounds
1. Those who have been convicted of a crime involving moral turpitude or 
who admit to the Immigration Officer having committed such crime, or who 
attempt and conspire to commit the crime;
2. Those who have been convicted, or who admit having committed, or are 
committing acts which constitute the elements of a violation or conspiracy 
to violate any law or regulation of the Philippines or a foreign country 
relating to a controlled, regulated or prohibited substance, or who 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:
i. 
Espionage or sabotage, or a violation or evasion of any laws 
prohibiting export of goods, technology or sensitive information;
ii. 
Any activity aimed to promote membership in an organization 
of syndicated criminal activities;
39


1 
iii. 
Any activity, the purpose of which is to overthrow the
2 
Philippine government by force, violence or other unlawful means;
3 
and,
4 
iv. 
Any other unlawful activity.
5 
6. Those who are engaged or believed to be engaged or likely to engage
6 
in, aid, abet or finance any terrorist activity and members or representatives
7 
of a foreign terrorist organization;
8 
7. Those who have been identified by competent authorities, local or
9 
foreign, as having engaged or are engaging in human trafficking and
10 
smuggling;
11 
8. Those who are under fifteen (15) years of age and unaccompanied by or
12 
not coming to a parent, except that they may be admitted at the discretion
13 
of the Commissioner, if otherwise admissible: Provided, that they present a
14 
written consent to travel from either parent citing the purpose thereof and
15 
affirmed by a Consular Officer; and
16 
9. Those who have been identified by competent authorities, local and
17 
foreign, as having engaged or are engaging in importation of
18 
contrabands and other prohibited articles into the country.
19 
Sec. 78. Temporary Custody of Excludable Foreign Nationals. - For the purpose of
20 
ascertaining whether a foreign national arriving in the Philippines belongs to any of the
21 
excludable classes of foreign national Provided for in this Act or related laws, the
22 
Immigration Officer, for a period not exceeding seventy-two (72) hours, may temporarily
23 
take into custody for investigation such foreign national either on board the vessel or at
24 
a place designated for the purpose at the expense of the master, captain, agent, owner
25 
or consignee of the carrying vessel; Provided, that nothing in this provision shall be
26 
construed to unlawfully deprive persons so taken into custody of any of their rights under
27 
international law or the Constitution.
28 
Sec. 79. Finality of Exclusion Order. - An order by the Immigration Personnel to
29 
exclude a foreign national who is excludable under this Act is final and executory unless
40


1 
revoked by the Commissioner upon a timely appeal prior to the implementation of the
2 
exclusion order.
3 
Sec. 80. Authority to Waive Grounds for Exclusion. - Except for grounds of
4 
exclusion under Sec. 77(d), subparagraphs 1 to 7 and 9, the Commissioner may waive
5 
any of the grounds for exclusion mentioned in Sec. 77 of this Act.
6 
Sec. 81. Procedure of Removal and Cost Thereof - Foreign nationals arriving In
7 
the Philippines who are ordered excluded shall be immediately removed in the same
8 
accommodation to the country where they boarded the vessel on which they arrived,
9 
uniess the Commissioner determines that immediate removal is not proper and
10 
practicable, in which case such excluded foreign nationais shaii be ordered detained. The
11 
cost of detention and other expenses incidental thereto shall be borne by the owner,
12 
operator, master, pilot, captain, agent or consignee of the vessel on which such foreigners
13 
arrived.
14 
Sec. 82. Country Where Removal is to be Directed. - If the government of the
15 
country designated in the preceding Sec. will not accept the foreign national into its
16 
territory, the removal of the foreign national shall be directed at the Commissioner's
17 
discretion to any of the following:
18 
a. The country which the excluded foreigner is a citizen or national;
19 
b. The country of birth;
20 
c. The country of the foreign national's habitual residence; or
21 
d. The country willing to accept the foreign national into its territory if removal
22 
to any of the foregoing countries is impractical or impossible.
23 
Sec. 83. Obligation of Owner, Operator, Master, Captain, Pilot, Agent or Consignee.
24 
- It shall be unlawful for an owner, operator, master, captain, pilot, agent, or consignee
25 
of a vessei to refuse or faii to:
26 
a. Board a foreign national ordered excluded and removed in the same vessei
27 
or another vessel owned or operated by the same company;
28 
b. Detain a foreign national on board any such vessel at the port of arrival
29 
when required by this Act or when so ordered by an Immigration Officer;
30 
c. Deliver a foreign national for medical or other examinations when so
41


1 
ordered by an Immigration Officer;
2 
d. Remove a foreign national from the Philippines to the country to which the
3 
individual's removal has been directed; or
4 
e. Pay the cost of detention and other expenses Incidental thereto incurred while
5 
the excluded foreign national is being detained as required by Sec. 82 of this Act
6 
or other costs necessary or incidental to his removal as Provided in this Act.
7 
Sec. 84. Penalty for Non-compliance of Obligation. - The owner, operator,
8 
master, captain, pilot, agent, or consignee of a vessel who violates Sec. 83 of this Act
9 
shall pay the fines prescribed in Sec. 117 of this Act. No vessel shall be granted clearance
10 
from any port in the Philippines while such fines remain unpaid or while the validity
11 
thereof is being determined: Provided, that clearance may be granted prior to such
12 
determination upon deposit of a sum or cash bond sufficient to cover such fines as
13 
approved by the Commissioner.
14 
TITLE V
15 
DEPORTATION
16
17 
CHAPTER 1
18 
DEPORTABLE FOREIGN NATIONALS
19 
Sec. 85. Classes of Deportable Foreign Nationals. - The following foreign nationals
20 
shall be taken into custody upon the order of the Commissioner and deported upon
21 
recommendation by the BSI and approval by the Board:
22 
a. Those who entered the Philippines: (1) by means of misrepresentations or false
23 
or misleading statements or documents, or (2) without inspection and admission
24 
by the immigration authorities;
25
26 
b. Those who entered the Philippines who were not lawfully admissible at the time
27 
of entry;
28 
c. Those who abet or aid in the practice of prostitution, including the owner or
29 
manager of a prostitution den, or who are pedophiles;
30 
d. Those who, at any time after the date of entry, have become a public charge;
42


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28 
29
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 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 othenA^ise, 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;
l. Those who are found to be undesirable and whose further stay in the Philippines 
is inimical to public welfare and interest, or the dignity of the Filipinos, or the 
Republic of the Philippines as a sovereign nation;
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.
43


1 
without authority to do so for the purpose of satisfying or complying with the
2 
requirements of the Bureau;
3 
n. Those whose presence or activities in the country may result in adverse
4 
consequences to Philippine foreign policies as determined by the Secretary of
5 
Foreign Affairs;
6 
o. Those who misrepresented themselves as Filipino citizens in all immigration
7 
matters; and
8 
p. Those who commit any violation of the provisions of this Act, independent of
9 
any criminal action which may be brought against them: Provided, That\x\ case of
10 
a foreign national who, for any reason, is convicted and sentenced to suffer both
11 
imprisonment and deportation, said foreign national shall first serve the entire
12 
period of the sentence before being deported.
13 
Sec. 86. Non-Prescription of Deportation. Cases. - The right of the State to initiate
14 
at any time deportation proceedings shall not prescribe.
15 
Sec. 87. Nature of Deportation Proceedings. - Deportation proceedings shall be
16 
independent of any action that may be instituted against a foreign national: Provided,
17 
that no deportation orders shall be implemented against foreign nationals facing
18 
preliminary investigation, prosecution and trial before competent authorities.
19
20 
CHAPTER 2
21 
DEPORTATION OF FOREIGN NATIONALS
22 
Sec. 88. Formai Charge of Deportation. -A formal charge for deportation shall be
23 
issued upon determination of the existence of a prima facie case against the foreign
24 
national.
25
26 
Sec. 89. Bail - Pending final determination of the foreign national's deportation
27 
case, the foreign national shall, upon the discretion of the Commissioner: (a) remain
28 
under detention; or (b) be released on bail or recognizance. The bail may be revoked and
29 
confiscated in favor of the government if there is sufficient evidence that the foreign
30 
national is evading the proceedings or is attempting to abscond, in which case such
44


1 
foreign national shall be taken into custody and placed under detention by order of the
2 
Commissioner.
3 
Sec. 90, Custody of a Foreign National Convicted of a Felony or an Offense. - After
4 
service of the sentence or compliance with the conditions of parole or probation, as the
5 
case may be, the foreign national shall be taken into custody for immediate deportation
6 
by order of the Board.
7 
Sec. 91. Voluntary Deportation, When Authorized. -The Commissioner may waive
8 
the deportation proceedings and order the departure of the foreign national within the
9 
period specified in the voluntary deportation order if the foreign national does not
10 
contest the formal charge and opts to voluntarily leave the country and pays for all
11 
expenses: Provided, that the foreign national has not committed any criminal offense or
12 
has no pending criminal investigation: Provided, further, that the said foreign national so
13 
deported shall be barred from re-entering the country without prior written authorization
14 
from the Commissioner.
15 
Sec. 92. Period to Enforce Order of Deportation. - The order of deportation shall
16 
be enforced immediately but in no case shall exceed three (3) months from the date it
17 
has become final and executory. If deportation is not enforced within the prescribed
18 
period, the foreign national may be released on bail or recognizance.
19 
Sec. 93. Suspension of Deportation Order. - The Commissioner may suspend the
20 
implementation of the deportation order and order the release of the foreign national on
21 
bail or recognizance, taking into account the following factors:
22 
a. Age, health, family or conduct;
23 
b. Period of detention;
24 
c. Impact on national security and public welfare;
25
26 
d. Unavailability of travel documents;
27 
e. Existence of an application for refugee or statelessness status; or
28 
f. Other humanitarian considerations.
29 
Sec. 94. Reinstatement of a Deportation Order. -A deportation order previously
30 
implemented against a foreign national who unlawfully re-entered the Philippines shall be
45


1 
deemed automatically reinstated and shall be implemented in accordance with this Act.
2 
This provision shall also apply to a foreign national who departed voluntarily under Sec,
3 
92 and re-entered the Philippines unlawfully or without prior written authorization from
4 
the Commissioner.
5 
Sec. 95. Country of Destination of a Deportee. - Except as Provided for under an
6 
existing treaty or international agreement, a foreign national shall be deported to the
7 
country of which the person is a citizen or national, or foreign national's country of birth,
8 
or the country of which the individual is a resident, or the country from which the
9 
individual embarked for the Philippines, subject to the acceptance by the receiving
10 
country,
11 
Sec. 96. Cost of Deportation. - The cost of deportation shall be borne by the owner,
12 
operator, captain, master, pilot, agent or consignee of a vessel in case its foreign
13 
crewmember is to be deported under Sec. 85 of this Act. In all other cases, the cost of
14 
deportation shall be borne either by the deportee, by the concerned consular office,
15 
nongovernment organizations or people's organizations with which the Bureau has an
16 
agreement on this matter, or from the appropriations for the enforcement of this Act.
17 
Sec. 97. Liability of Owner, Operator, captain. Master, Pilot, Agent or Consignee of
18 
a Vessel- Failure or refusal on the part of the owner, operator, captain, master, pilot,
19 
agent or consignee of a vessel to take on board, guard safely and transport the deportee
20 
to the foreign national's country of destination, or to shoulder the cost of deportation of
21 
the foreign crew member as Provided in the preceding Sec., shall be subject to the
22 
administrative fines prescribed under Sec. 117 of this Act.
23 
Sec. 98. Expenses of Accompanying Person. - The Commissioner may, for security
24 
reason or by reason of the mental or physical condition of the deportee, direct an
25 
employee of the Bureau to accompany such deportee to the country of the deportee's
26 
destination, subject to the provisions of Sec. 96.
27
28 
CHAPTER 3
29 
INDIGENT FOREIGN NATIONAL
46


1 
Sec. 99. Removal of Indigent Foreign National - At any time after entry, the
2 
Commissioner may remove or otherwise deport indigent foreign nationals from the
3 
Philippines to the country of which they are citizens or nationals, their country of birth,
4 
or their country of residence, as the case may be. The cost of deportation may be charged
5 
against the availabie funds of the Office. Any foreign nationai removed under this Section
6 
shall be barred re-admission except upon written authorization of the Board of
7 
Commissioners.
8 
This provision shall not apply to a foreign national declared as an indigent by any
9 
Philippine court for purposes of filing a case or to pursue an action which resulted in the
10 
individual's indigency until such case or action is resolved with finality: Provided, that no
11 
other grounds for deportation exist during the pendency of such case or action.
12
13 
TITLEVI
14 
MISCELLANEOUS PROVISIONS
15
16 
CHAPTER 1
17 
REGISTRATION OF FOREIGN NATIONALS
18 
Sec. 100. Requirement of Registration. -All foreign nationals shall register with
19 
the Bureau or any Immigration Office nearest to their place of residence on or before the
20 
sixtieth (60th) day of their latest arrival in the Philippines.
21 
Sec. 101. Registration Form and Oath. - Applications for registration shall be under
22 
oath and in such form as prescribed by the Bureau. Upon registration, a certificate of
23 
registration shall be issued to the registrant. In case of loss or destruction of the
24 
certificate, a replacement certificate may be issued by the Bureau upon proper application
25 
and payment of prescribed fees.
26 
Sec. 102. Amendment of Registration. - A registered foreign national shall notify
27 
the Bureau in writing of any change of information in the person's registration documents
28 
not later than seven (7) days from such change.
29 
Sec. 103. Presentation of Certificate of Registration. - Every foreign national
30 
required to register under this Act or the parent or guardian of such foreign national shall,
47


1 
upon demand by any personnel authorized by the Commissioner, present a certificate of
2 
registration of such individual, and failure to do so without justifiable cause shall be dealt
3 
with in accordance with the provisions of this Act.
4 
Sec. 104. Reportoria! Requirements. - Every foreign national registered under this
5 
Act shall, within the first sixty (60) days of every calendar year, report in person to the
6 
Bureau. The Commissioner may exempt personal appearance of foreign nationals
7 
registered under this Act subject to certain requirements and conditions as may be
8 
prescribed in the rules and regulations issued for the purpose.
9 
Sec. 105. Failure to Comply with Requirements. - A foreign national, or the parent
10 
or guardian of the foreign national, who, without justifiable reason, fails to comply with
11 
all the requirements under this Act, or who files an application for registration containing
12 
statements known by the individual to be false, or who utilizes registration documents
13 
other than that of the individual, shall be dealt with in accordance with the provisions of
14 
this Act and other existing laws.
15 
Sec. 106. Cancellation of Registration of Foreign National. - In case of death of a
16 
foreign national registered under the provisions of this Act, the legal heir, representative
17 
or administrator of the foreign national must inform the Office within sixty (60) days from
18 
such death, and the Bureau shall cancel the registration of the deceased foreign national.
19 
The Local Civil Registrar or other civil registry officer of the locality where said foreign
20 
national died shall furnish the Bureau with a copy of the Certificate of Death within thirty
21 
(30) days from issuance thereof. Failure on the part of the persons concerned to comply
22 
with the requirements specified in this Section shall be dealt with pursuant to the
23 
provisions of existing laws.
24
25 
CHAPTER 2
26 
BONDS AND DEPOSITS
27 
Sec. 107. Bonds, When Required. - The Bureau shall have the authority to require
28 
cash bonds in such amounts and under such conditions as it may prescribe in order to:
29 
a. Control and regulate the admission into, and departure from, the Philippines
30 
of foreign nationals applying for temporary admission;
48


1 
b. Insure against foreign passengers liable to be excluded as likely to become
2 
public charges; and
3 
c. Ensure the appearance of foreign nationals released from custody during
4 
the course of deportation proceedings instituted against them.
5 
Sec. 108. Requirement of Cash Deposits for Services Rendered. - The Bureau shall
6 
likewise have the authority to require cash deposits in such amounts as may be necessary
7 
from a vessel's owner, operator, captain, master, pilot, agent, or consignee or other
8 
persons served for services rendered as established by the implementing rules and
9 
regulations.
10 
Sec. 109. Canceiiation and Forfeiture of Bonds. - When the conditions of the bond
11 
are fulfilled, or in case the Commissioner determines that the likelihood that a foreign
12 
national shall become a public charge no longer exists, or in case of death of the foreign
13 
national in whose behalf the bond is posted, the bond shall be cancelled and released to
14 
the depositor or the legal representative of the foreign national. In case of violation of
15 
the conditions of the bond, the same shall be forfeited and deposited in a trust fund
16 
account which may be utilized for the purchase of passage tickets for the removal of
17 
indigent foreign nationals and to cover the costs of operations in locating deportees who
18 
jump bail.
19
20 
CHAPTER 3
21 
RECOGNIZANCE
22 
Sec. 110. Petitions for Recognizance, Sanction for Breach of Conditions. - The
23 
Commissioner may order the release of a foreign national upon recognizance of the
24 
foreigner's lawyer or a person who is of good standing in the community, under such
25 
terms and conditions as the Board may prescribe. Failure to comply with the terms and
26 
conditions of the recognizance shall subject said lawyer or person to a fine of not less
27 
than Fifty Thousand Pesos (PHP 50,000.00) but not more than One Hundred Thousand
28 
Pesos (PHP 100,000.00), without prejudice to other administrative sanctions or
29 
proceedings against the erring party.
30
49


1 
CHAPTER 4
2 
COOPERATION AND COORDINATION WITH OTHER OFFICES
3 
Sec. 111. Working Cooperation with the Department of Foreign Affairs. - For
4 
purposes of efficient implementation and administration of this Act, the Bureau shall
5 
maintain a working cooperation with the DFA.
6 
Sec. 112. Working Cooperation with the Commission on Higher Education
7 
(CHED). - The Bureau shall maintain a working 'cooperation with the CHED with respect
8 
to the accreditation of schools and learning centers for enrollment of foreign students as
9 
authorized under this Act.
10 
Sec. 113. Working Cooperation with the Civii Aviation Authority of the Phiiippines
11 
(CAAP). - The Bureau shall maintain a working cooperation with the G\AP with respect
12 
to accreditation of flying schools for the enrollment of foreign students.
13 
Sec. 114. Coordination with Law Enforcement, Security and Other Offices. - The
14 
Commissioner shall have the authority to maintain coordination with the National Security
15 
Council, the Philippine National Police (PNP), and other law enforcement agencies of the
16 
government.
17
18 
CHAPTER 5
19 
FEES AND CHARGES
20 
Sec. 115. Authority of the Board to Prescribe, Impose and Coiiect Fee Charges. -
21 
The Board is authorized to prescribe, impose and collect fees and charges for services
22 
rendered pursuant to the provisions of this Act.
23
24 
CHAPTER 6
25 
ADMINISTRATIVE FINES
26 
Sec. 116. Fine for Faiiing to Submit Crew List or Passenger Manifest, or Faiiure
27 
to Account Every Passenger and Crew. - Any owner, operator, master, captain, pilot,
28 
agent, or consignee of a vessel arriving at any port in the Philippines from a place outside
29 
thereof who fails to submit to the immigration authorities a complete and accurate crew
30 
list or passenger manifest, or fails to produce or account every crewmember or passenger
50


1 
whose name appears in said list or manifest shall be subject to fines of One Hundred
2 
Thousand Pesos (PHP 100,000.00) and Fifty Thousand Pesos (PHP 50,000.00) for each
3 
unaccounted person, respectively.
4 
Sec. 117. Fine for Violation of Obligation on the Landing or Removal of Foreign
5 
Nationals. - Any owner, operator, master, captain, pilot, agent, or consignee of any
6 
vessel arriving at a port of the Philippines from a place outside thereof having a foreign
7 
national on board in violation of this Act shall be fined not less than Fifty Thousand Pesos
8 
(PHP 50,000.00) but not more than Two Hundred Thousand Pesos (PHP 200,000.00) for
9 
each act or violation consisting of:
10 
a. Failure to prevent the landing of such foreign national in the Philippines at any
11 
time or place other than as designated by the Immigration Officer;
12 
b. Refusal or failure to detain a foreign national on board any such vessel at the
13 
port of arrival when required by this Act or so ordered by an Immigration Officer;
14 
c. Refusal or failure to deliver a foreign national for medical or other examinations
15 
when so ordered by an Immigration Personnel;
16 
d. Refusal or failure to pay the cost of maintenance and other costs, as required
17 
by this Act, of such foreign national when temporarily removed from the vessels
18 
for examination by order of the Immigration Officer;
19 
e. Refusal to receive such foreign national on board for removal from the
20 
Philippines if the foreign national is excluded, or to pay the cost of removal as
21 
required under Sec. 81 and 96 of this Act;
22 
f. Refusal or failure to take on board, guard safely and transport the deportee to
23 
the foreign national's country of destination, or to shoulder the cost of deportation
24 
of the foreign crew member;
25
26 
g. Making any charge against such foreign national for the cost referred to in (d)
27 
above, or for the cost of the removal of the foreign national from the Philippines
28 
if the latter is excluded, or taking any security from the foreign national for the
29 
payment of any such costs.
51


1 
Sec. 118. Fine for Bringing Undocumented Foreign Nationai or Foreign Nationai
2 
Affiicted with. Communicable or Contagious Disease, or Suffering from Mentai Disorder.
3 
-The owner, operator, master, captain, pilot, agent, or consignee of the vessel arriving
4 
at a port in the Philippines from a place outside thereof bringing on board an
5 
undocumented foreign national shall be fined One Hundred Thousand Pesos (PHP
6 
100,000.00) for each foreign national. If the foreign national is afflicted with a
7 
communicable or contagious disease or is suffering from mental disorder, the fine shall
8 
be not less than Two Hundred Thousand Pesos (PHP 200,000.00) but not more than
9 
Three Hundred Thousand Pesos (P300,000.00) for each foreign national.
10 
Sec. 119. Fine for Bringing a Foreign Nationai to Assist His liiegai Entry or
11 
Misrepresenting a Foreign National as a Member of the Crew. -The owner, operator,
12 
master, captain, pilot, agent, or consignee of the vessel arriving at any port in the
13 
Philippines from a place outside thereof bringing on board a foreign national bound for
14 
the Philippines to assist the illegal entry of the foreign national, or misrepresenting the
15 
foreign national to the Immigration Officer at the port of arrival as a bona fide member
16 
of the crew, shall be fined not less than One Hundred Thousand Pesos (PHP 100,000.00)
17 
but not more than Two Hundred Thousand Pesos (PHP 200,000.00) for each foreign
18 
national.
19 
Sec. 120. Fine for an Overstaying Crewmember. - Any foreign crewmember who
20 
willfully remains in the Philippines beyond the period allowed for temporary landing shall
21 
be fined not less than Fifty Thousand Pesos (PHP 50,000.00) but not more than One
22 
Hundred Thousand Pesos (PHP 100,000.00). The owner, operator, master, captain, pilot,
23 
agent, or consignee of the vessel shall be solidarily liable for the fine imposed on such
24 
overstaying crewmember.
25 
Sec. 121. Fine for Assaulting an Immigration Personnel - Any form of assault
26 
directed to any personnel of the Bureau is an act of disrespect. In case the assault is
27 
committed by a foreign national at the ports of entry and exit, such foreign national shall
28 
be excluded or deported, as the case may be, and shall be fined Two Hundred Thousand
29 
Pesos (PHP 200,000.00) without prejudice to the right of the aggrieved Immigration
30 
Personnel to file appropriate criminal, civil or administrative cases against such person.
52


1 
For purposes of this Act, an Immigration Officer shall be considered a person in authority
2 
while in the performance of official duty.
3 
Sec. 122. Fine for Violation of Other Provisions of this Act- The owner, operator,
4 
master, captain, pilot, agent, or consignee of any vessel arriving at any port of the
5 
Philippines from a place outside thereof who violates any other provision of this Act not
6 
specifically Provided in this Chapter shall be fined not less than Fifty Thousand Pesos
7 
(PHP 50,000.00) but not more than Two Hundred Thousand Pesos (PHP
8 
200,000.00) for each violation.
9
10 
CHAPTER 7
11 
PENAL PROVISIONS
12 
Sec. 123. Prohibited Acts and Penalties. - Any person who shall commit any of the
13 
acts specified hereunder shall, upon conviction, suffer the penalty of imprisonment for
14 
not less than five (5) years but not more than ten (10) years, or a fine of not less than
15 
One Hundred Thousand Pesos (PHP 100,000.00) but not more than Five Hundred
16 
Thousand Pesos (PHP 500,000.00), or both imprisonment and fine, at the discretion of
17 
the court:
18 
a. Impersonating another individual, or falsely appearing in the name of a
19 
deceased individual, or evading immigration laws by using an assumed or fictitious
20 
name when applying for an immigration document;
21 
b. Issuing or otherwise delivering an immigration document or an immigration
22 
accountable form to any person not authorized by law to receive such documents;
23 
c. Obtaining, manufacturing, printing, accepting or using any immigration or travel
24 
document knowing it to be false, or using an immigration accountable form that is
25 
not legally issued;
26
27 
d. Entering the Philippines without inspection and admission by the immigration
28 
authorities, or obtaining entry into the Philippines through fraud,
29 
misrepresentation, or concealment of material facts;
30 
e. Misrepresenting oneself to be a citizen of the Philippines;
53


1 
c. Knowingly making any false statement under oath regarding any
2 
immigration matter; or
3 
g. Bringing into, or landing in the Philippines, or concealing, harboring, employing,
4 
or giving comfort to, any person not duly admitted by an Immigration Personnel
5 
or not lawfully entitled to enter into or reside within the Philippines, or attempting,
6 
conspiring with, or aiding another to commit any such acts.
7 
Where the offender of any acts specified in paragraph (g) of this Section is a
8 
corporation, partnership or other juridical entity, the president, general manager,
9 
managing partner, or chief executive officer thereof shall be held liable. Dismissal of the
10 
employee by the employer before or after apprehension shall not relieve such employer
11 
from any liability arising from the offense: Provided, that if the offender is the owner,
12 
operator, master, captain, pilot, agent, or consignee, or other person in charge of the
13 
vessel that brought the foreign national into the Philippines from any place outside
14 
thereof, the fine imposed under this Section shall constitute a lien against the vessel
15 
which may be enforced in the same manner as fines are collected and enforced under
16 
existing laws. Such vessel shall not be allowed to depart without prior clearance issued
17 
by the Bureau. Where forfeiture is justified under the particular circumstances of the case,
18 
the forfeiture of the vessel in favor of the government in lieu of the fine shall be decreed.
19 
Conviction by final judgment of any offense punishable under this Act or other related
20 
laws shall result in the automatic revocation or cancellation of any immigration document
21 
issued to the offender, including that of the foreign national's spouse and unmarried
22 
children, if applicable.
23 
Sec. 124. Penalty for Aiding the Escape of Detained Foreign National- Any person
24 
who shall be found to have helped, assisted, supported, caused or ministered the escape,
25 
including harboring and concealing, of a foreign national shall, upon conviction, be
26 
imprisoned for not less than five (5) years but not more than ten (10) years and a fine of
27 
not less than Two Hundred Thousand Pesos (PHP 200,000.00): Provided, that if the
28 
person liable is a foreign national, such person shall be deported after service of sentence:
29 
Provided further, That any tools, equipment, implements or vehicles used in the escape
30 
of a detained foreign national shall be destroyed or forfeited in favor of the government.
54


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
Sec. 125. Penalty for Non-compliance of Subpoena. - Any person who, having 
been duly served with a subpoena, fails to comply without valid and justifiable reasons 
shall suffer the penalty of imprisonment of not more than fifteen (15) days or a fine of 
not more than One Thousand Pesos (PHP 1,000.00), or both, at the discretion of the 
court.
Sec. 126, Imposition of Maximum Penaity, When Appiicabie. - A person convicted 
under Republic Act No. 3019, as amended, otherwise known as the "Anti-Graft and 
Corrupt Practices Act," or other laws against corruption and bribery in relation to any 
violation or circumvention of any provision of this Act shall suffer the maximum penalty 
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. 127. Creation of New Positions, Reclassification of Existing Positions and 
Upgrading of Salary Levels. - The following positions in the Bureau are hereby created, 
and the existing positions reclassified, with the corresponding salary grade levels:
EXISITING POSITION
RECLASSIFIED POSITION
SALARY
GRADE
Commissioner
Commissioner III
30
Deputy Commissioner
Deputy Commissioner III
29
Attorney V
(Board of Special Inquiry)
Chief Special Inquiry Officer
(Overall Chairperson, BSI)
28
Chief Administrative Officer
(Administrative Division)
Chief Administrative Officer (Director
for Administration)
28
55


Chief Administrative Officer
(Finance and
Management Division)
Chief Finance and Logistics Officer
(Director for Finance and Logistics)
28
Information 
Technology
Officer III
Chief Information and
Communications Technology Officer
(Director for JCT)
28
Immigration Officer (Alien
Registration
Division)
Chief Alien Registration Officer
(Director for Alien Registration)
28
Chief Immigration Officer
(Immigration 
Regulation
Division)
Chief Immigration Officer for
Immigration Regulation (Director for
Immigration
Regulation)
28
Chief Intelligence Officer
(Intelligence Division)
Chief Immigration Officer for
Intelligence (Director for
Intelligence)
28
Chief Immigration Officer
(Port Operations Division)
Chief Immigration Officer for
Operations (Director for Operations)
28
Attorney V
Chief Immigration Officer for Legal
Affairs
(Director for Legal Affairs)
28
Chief Immigration Officer for Law
Enforcement
j (Director for Law Enforcement)
28
Chief Planning and Research
Specialist (Director for Planning and
Research)
28
56


Chief Human Resource and
Management Officer
(Director for Human Resource
Management and Development)
28
Regional Director
27
Attorney IV (BSI)
Special Inquiry OfficerIV
(Chairperson, BSI)
27
Attorney IV (Legal
Division)
Immigration Prosecutor IV
27
Attorney III (BSI)
Special Inquiry Officer III
(Member, BSI)
26
Attorney III (Legal
Division)
Immigration Prosecutor III
26
Supervising Immigration
Officer
Supervising Immigration Officer
26
Supervising Administrative
Officer
Supervising Administrative Officer
26
Medical Officer III
Immigration Physician
26
Supervising Human Resource
Management Officer
26
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 II
Immigration Dental Officer
25
57


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
IV
24
Information Technology
Officer I
Information and Communications
Technology Officer I
24
Nurse II
Immigration Healthcare Officer
23
.Immigration Research Officer III
23
HR Management Officer III
23
Accountant II
Immigration Accountant II
22
Information System
Analyst
Immigration Information System
Analyst
22
Immigration Officer III
Immigration Officer III
21
Immigration Research Officer n
21
HR Management Officer II
21
Accountant I
Immigration Accountant I
19
Computer Programmer II
Immigration Computer Programmer 
n
19
Computer Maintenance
Technologist II
Immigration Information
Technologist II
19
Immigration Officer II
Immigration Officer II
19
Intelligence Officer II
Special InvestigatorII
Immigration Officer I
Immigration Officer I
17
Intelligence Officer I
58


Special Investigator I
Fingerprint ExaminerIV
Alien Fingerprint Examiner IV
17
Immigration Research Officer I
17
HR Management Officerl
17
Immigration Assistant
Immigration Inspector
15
Intelligence Agent II
Immigration Agent II
15
Administrative Officer II
Immigration AdministrativeOfficer
II
15
Immigration Research Assistant
15
HR Management Assistant
15
Fingerprint Examinerlll
Alien Fingerprint Examiner III
15
Administrative Aide VI
Immigration Aide VI
14
Administrative Assistant
III
Immigration Administrative
Assistant III
13
Administrative AideV
Immigration Aide V
13
Fingerprint Examinerll
Alien Fingerprint Examiner II
13
Security Guard II
Civil Security Officer II
13
Intelligence Agent I
Immigration Agent I
13
Translator II
Immigration Translator II
12
Administrative Assistant II
Immigration Administrative
Assistant II
12
Administrative Aide IV
Immigration Aide IV
12
Administrative Aidelll
Immigration Aide III
11
Nursing Attendant
Immigration Healthcare Assistant
11
Fingerprint Examiner I
Alien Fingerprint Examiner I
11
Security Guard I
Seaman
11
59


Launch Patron
Civil Security Officer I
Marine Engineman
Quartermaster
Legal Aide
Immigration Legal Assistant
10
Administrative Assistant I
Immigration Administrative
Assistant IV
10
Administrative Aidell
Immigration Administrative
Assistant II
8
1
2 
Upon the recommendation of the Board, the Secretary of the DOJ shall reorganize,
3 
upgrade, or otherwise make adjustments in the offices of the Bureau as required by the
4 
impiementation of this Act: Provided, ThatX.0 the extent possible, the Incumbent chiefs
5 
of sections and divisions whose offices are hereby affected may be upgraded to positions
6 
of comparable rank in the reorganization: Provided, further. That for the new directorates
7 
and positions created under this Act, the Board shaii designate the directors and officers
8 
thereof.
9 
Sec. 128. Additional Grant of Benefits. -The Bureau shall provide its employees
10 
with the following benefits:
11 
a. Heaith care services through an accredited Heaith Maintenance Organization for
12 
its regular employees;
13 
b. Accident Insurance policies for ail employees;
14 
c. Night Shift differentiai and overtime pay for actuai work rendered, in accordance
15 
with existing guidelines;
16 
d. Longevity pay, subject to guidelines that shall be issued by the Board in
17 
accordance with existing laws and regulations and subject to the approval of the
18 
Secretary of the DBM;
19 
e. Transportation benefits;
20 
f. Dislocation allowance; and
60


1 
g. Hazard pay amounting to twenty-five percent (25%) of basic salary to
2 
qualified employees as may be determined by the Board.
3 
Sec. 129. Retention and Use of Immigration Fees, Fines and Other Income;
4 
Immigration Trust Fund. - The Board is hereby authorized to retain and use every year
5 
thirty percent (30%) of its collections from immigration fees, fines and penalties, and
6 
other income that may be collected by the Bureau for the effective implementation of this
7 
Act.
8 
There is hereby created an Immigration Trust Fund (ITF) sourced from the
9 
collections mentioned in this Section. The ITF shall be administered by the Board in
10 
accordance with existing government auditing rules and regulations, and shall be used
11 
exclusively as follows:
12 
a. Forty percent (40%) for the modernization of equipment, facilities and offices
13 
used by employees of the Bureau, including capital outlay for the establishment of
14 
new buildings and field offices for the effective implementation of this Act;
15 
b. Thirty percent (30%) for the payment of employee benefits provided in this Act,
16 
and as may be hereafter Provided by the Board with the approval of the Secretary
17 
oftheDOJ;and
18 
c. Thirty percent (30%) for the further professionalization of the employees of the
19 
Bureau including trainings, seminars and other career advancement programs.
20 
All interest income, dividends and earnings accrued from the ITF shall also form
21 
part of the Trust Fund. No portion of the ITF shall revert to the general fund of
22 
the National Government, except when the ITF is no longer necessary for the
23 
purposes for which it was established.
24
25 
CHAPTER 9
26 
TRANSITORY PROVISIONS
27 
Sec. 130. Interim Period.- The incumbent Commissioner and the two Deputy
28 
Commissioners, if qualified under this Act, shall continue to discharge the functions of
29 
their position unless otherwise removed by the President. All personnel of the present
61


1 
Bureau of Immigration shall continue to discharge the functions of their position pending
2 
the reorganization as Provided in this Act.
3 
Sec. 131. Reorganization of the Bureau. - Upon approval of this Act, all employees
4 
of the Bureau of Immigration covered by the civil service lawand regulations shall
5 
continue to hold their present position pending the reorganization of
6 
the Bureau in accordance with the new staffing pattern: Provided, That the salaries,
7 
wages, allowances and other benefits of incumbent officers and employees of the Bureau
8 
shall not be subject to diminution: Provided, further. That employees who have been
9 
dismissed for cause shall no longer qualify for any position in the Bureau.
10 
Sec. 132. Inventory and Transfer of Properties, Accounts, Assets, Liabiiities and
11 
Obiigations to the Commission. - All buildings, properties, equipment, facilities, accounts,
12 
other assets, liabilities and other obligations as well as records of the Bureau of
13 
Immigration shall be properly inventoried and transferred to the Bureau.
14 
Sec. 133. Treaty or Agreement - Any treaty or agreement entered into between
15 
the Philippines and any foreign state before the effectivity of this Act shall remain in force
16 
and effect.
17 
Sec. 134. Pending Cases. - Any prosecution, suit, action, proceeding, or any act or
18 
matter, civil or criminal, pending at the time of the effectivity of this Act shall not be
19 
affected by any of the provisions of this Act unless otherwise explicitly stated herein.
20
21 
CHAPTER 10
22 
ADMINISTRATION AND IMPLEMENTATION
23 
Sec. 135. Administration and Implementation Abroad. -The administration and
24 
implementation of this Act abroad, including the rules and regulations, and specific visa
25 
policies or guidelines, shall be the responsibility of the DFA, with due notice to the Bureau
26 
and other concerned agencies and offices.
27 
Sec. 136. Implementing Rules and Regulations. -Within sixty (60) days from the
28 
effectivity of this Act, the Bureau shall, in coordination with the Secretaries of the DBM,
29 
the DOJ, and the DFA, promulgate the rules and regulations for its effective
30 
implementation.
62


1 
Sec. 137. Appropriations. - The amount necessary to cover the initial
2 
implementation of this Act shall be charged against the following:
3 
a. Current year's appropriation of the Bureau of Immigration; and
4 
b. Immigration fees, fines and other income authorized under Sec. 129 this Act.
5 
Thereafter, such sums as may be needed for its continued implementation shall
6 
be included in the annual General Appropriations Act and from the immigration Trust
7 
Fund.
8 
CHAPTER 11
9 
FINAL PROVISIONS
10 
Sec. 138. Separabiiity Ciause. - Should any provisions of this Act be declared
11 
invalid, the remaining provisions shall continue to be in force and effect.
12 
Sec. 139. Repealing Clause. - Commonwealth Act No. 613, otherwise known as
13 
the "Philippine Immigration Act of 1940," as amended, and Republic Act No. 750 are
14 
hereby repealed. All other laws, presidential decrees, executive 
orders,
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proclamations, memorandum orders, instructions, rules and regulations or parts thereof
16 
inconsistent with this Act are hereby amended or modified accordingly.
17 
Sec. 140. Effectivity. - This Act shall take effect fifteen (15) days after its
18 
publications in the Official Gazette or in any newspaper of general circulation.
Approved,
63