SIXTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
-ieI1l1h' 
(~ff,;, .. 1 11), "J!.",?t.,¥ 
First Regular Session 
) 
'13 
SEP 10 All :43 
SENATE 
Senate Bill No.1612 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
It is incumbe"nt upon the Congress to pass a law amending one of the most 
important pieces· of legislation -
the Philippine Immigration Act of 1940 
(Commonwealth Act No. 613) which was passed exactly seventy (70) years ago. 
Without doubt, there are significant changes in the socio~economic-political milieu, 
including major technological advancements in the Philippine bureaucracy during 
the past 70 years. As such, the Bureau of Immigration should be able to adapt to 
the changing times and be re13~9~sj)!~ to the needs of the people. The agency is a 
vital component of government and a potent factor in the development of the 
country thru the promotion of investments, trade and commerce and tourism. 
, 
. 
i' 
This bill seeks to reorg~h\~~~Jstrengthen the Bureau of Immigration and 
institute it into a Philippine Immigration Authority (PIA) which shall be principally 
responsible for the administration and enforcement of immigration, alien 
registration, citizenship laws, arnong others. Additionally, there is a need to 
systematize the procedures for immigrants and non-immigrants as well as provide 
for penalties for foreigners or aliens engaged in unlawful activities. For 
administrative purposes, the PIA shall be under the Department of Justice or 
under any other executive department which the President may subsequently 
determine. 
This measure is a consolidated/substituted bill drafted by the Committees 
on Justice and Human Rights, Civil Service and Government Reorganization and 
Finance during the 14th Congress. 
In view of the foregoing, passage of this bill is earnestly sought. 
OY EJERCITO ESTRADA 
Senator 


SIXTEENTH CONGRESS OF THE REPUBLIC) 
.ier'Ul1r 
lOfh;r uf t~e ,)"rTttllf~ 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
'13 
SEP 10 
A11 :43 
SENATE 
Senate Bill No.1612 
RtX'EIVLf) H'I:-r----
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
THE PHILIPPINE IMMIGRATION ACT OF 2013 
Be it enacted by the Senate and the House of Representatives of the Philippines 
in Congress assembled: 
TITLE I 
GENERAL PROVISIONS 
SECTION 1. Title of the Act. -This Act shall be known as the "Philippine 
Immigration Act of 2013". 
SEC. 2. Declaration ofuPolicy.'- It is hereby declared that the Philippine 
immigration structures, poliCies, rules and regulations established under this Act, 
shall be designed, operated, and administered in such a manner as to promote the 
domestic and international interests of the Philippines, recognizing the need to: 
(a) Administer the entry and admission of visitors into the 
Philippines for the purpose of fostering investments, 
trade and commerce, cultural and scientific activities, 
tourism and international understanding; 
(b) Enrich land strengthen the cultural and social fabric of 
the Philippines; 
(c) Ensure :that any person who seeks admission into the 
Philippines on either permanent or temporary basis is 
subject to standards of admission 
that are not 
inconsistent with the basic principles of justice and fair 
play, the! generally accepted principles of international 
law. and state obligations under treaties and international 
agreements that the Philippines is a party to; 
(d) Take an active participation in the advancement of 
national security and national interest; 
~'."""'. -"'~-
(e) Foster the development of a strong and viable economy 
and the prosperity of the country; 
(f) Institutionalize and strengthen the mechanisms for the 
protection of the family, health, morals, safety, and good 
order of the_ Philippine society; 
1 


(g) Promote international order and justice by denying the use 
of Philippine territory to persons who are engaged or likely 
to engage in terrorism, human smuggling and trafficking, 
criminal, and other nefarious activities; 
(h) Streamline and strengthen the existing governmental 
structures charged with the administration and enforcement 
of immigration" asylum and related laws, rules and 
regulations in order to make them adaptive to the growing 
immigration demands of the country; and 
, (i) Professionalize 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, the following terms are 
defined as follows: 
(a) "Admission" - shall mean the process in which a foreigner 
arriving at a port of entry in the Philippines is allowed into 
the country by the immigration authorities; 
(b) "Asylum Seeker" - a foreigner who seeks recognition and 
protection as a refugee; 
(c) 
"Aut~Q!iw:I ... : ,l?hall refer to the Philippine Immigration 
AuthoritY; 
.' . 
(d) "Board" -shall refer to the Board of Directors General 
provided for in this Act; 
(e) "Border Control Officer" - shall refer to any person 
appointed under Section 26 of Act or any employee of the 
Authority designated by the Director General to perform 
the powers, duties and functions of a Border Control 
Officer as' specified under this Act; 
(f) "Captain"- shall mean the master of a vessel or pilot of an 
aircraft; 
(g) "Child"- shall refer to a person below eighteen (18) years 
of age: 
(h) "Citizen" - shall refer to any person who is a citizen of the 
Philippines as provided for under Section 1, Article IV of 
the 1987 Philippine Constitution; 
(i) "Director General" - shall refer to the Director General of 
Immigration; 
,~"~-.-~, "~',., 
0) "Consular Officer" - shall refer to any official of the 
government of the Philippines Designated /appointed by the 
President for the purpose of issuing visas to foreigners as 
required[of foreigners] by this Act; 
2 


(k) "Entry" - shall refer to the arrival of a foreigner into any 
designated port of entry in the Philippines from a place 
outside thereof, except when a foreigner having a lawful 
permanent residence in the Philippines shall not be 
regarded as making an entry for the purpose of this Act, if 
the foreigner proves that his departure to a place outside 
the Philippines was for a temporary or limited period, or his 
continued absence from the Philippines was 'occasioned by 
removal proceedings, extradition, or other legal process; 
(I) "Exclusion" - shall refer to the act of Immigration Officers 
denying admission of a foreigner into the county on 
grounds provided for in this Act; 
(m) "Foreigner" or "Foreign National" - shall refer to any 
person not a citizen of the Philippines; 
(n) "Husband" and/or 'Wife" -shall refer to those regarded 
as such by the laws of the country of which they are 
nationals but shall not include husband or wife by reason of 
proxy or "picture marriage"; 
(0) "Immigrant" - shall refer to any foreign national departing 
from any place outside the Philippines destined for the 
Philippines, other than a, non-immigrant; 
,'i 
: ,}, 
(p) "lmrnigrationJ)aws" - shall refer to this Act and any other 
law presently existing or which may hereafter be enacted 
relating to movement of natural persons to and from the 
Philippines, and their exclusion, interception, removal and 
repatri~tion ; 
(q) "Immigration Officer"-- shall refer to any person appointed 
under Section' 29 of this Act or any employee of the 
Authority designated by the Director General to perform the 
powers, duties. and functions of an Immigration Officer as 
specified 
. 
Act; 
(r) 
"lntE!rce~)tic 
Officers 
the country 
shall refer to the act of Immigration 
leoartlure clearance to any person leaving 
provided for in this Act; 
(s) "Naturalization" - means either a judicial or administrative 
process by which a foreign national acquires Philippine 
citizenship; 
(t) "Non-immigrant" - shall refer to any foreigner departing 
from any place outside the Philippines who is allowed entry 
and admission into the Philippines for a temporary or 
Iimite~J'E!r.!()d().t. stay; 
(u) "Passport" - shall refer to a document issued by the 
Philippine government to its citizens and requesting other 
governments to allow its citizens to pass safely and freely, 
and incase of need to give him all lawful aid and 
protection; 
3 


(v) "Pe~son" - shall refer to natural and juridical person such 
as 
',partnerships, 
corporations, 
companies, 
and 
associations; 
(w) "Port of entry" - shall refer to any port designated by 
competent authority in accordance with law through which 
a foreigner may apply to the immigration officer thereat for 
admission into the Philippines; 
(xl "President" - shall refer to the President of the Republic 
of the Philippines; 
(y) "Refugee" - shall refer to a person who, owing to a well-
founded fear of being persecuted for reasons of race, 
religion, nationality, membership of a particular social 
group, or political opinion, is outside the country of their 
nationality, and is unable to or, owing to such fear, is 
unwilling to avail him/herself of the protection of that 
country; 
(z) "Seaman," "Seafarer" or "Crewmember" - shall mean a 
person actually employed in the operation or service in any 
capacity on board a vessel; 
(aa) "Secretary" -shall refer to the Secretary of the Department 
of Justice; 
','1 
"I, 
t:l j u 
~'j" I.> ~ ;( ,I\;i,' 
(bb) "Stateless Person" - a person who is not considered a 
national by any state under the operation of its laws; 
(cc) "Travel document" - shall refer to a certification or 
identifying document containing the description and other 
personal circumstances of its bearer, issued for direct travel 
to and from the Philippines valid for short periods or a 
particular trip. It is issued only to persons whose claim to 
Philippine citizenship is doubtful or who fall under the 
category enumerated in Section 13 of the Philippine 
Passport Act; 
(dd) "Vessel'" - shall refer to all means of conveyances, 
whether 'aircraft or sea craft; and 
(ee) "Visa" - shall mean an endorsement on a passport or any 
trave,1 document issued by a consular officer abroad 
authorizing the holder thereof to proceed to a designated 
port of entry in the Philippines and there to apply for entry 
and admission under the status specified therein; or 
Immigration status granted and/or issued to foreigners by 
the Board under this Act. 
",."-
-~, ''' ... ~' . ,,-,. 
TITLE" 
PHILIPPINE IMMIGRA TION AUTHORITY 
Chapter 1 -The Authority 
4 


SEC. 4. Creation. - A Philippine Immigration Authority is hereby created 
which shall be principally responsible for the administration and enforcement of 
immigration, alien registration, citizenship laws, including but not limited to those 
dealing with the admission, exclusion, registration, removal and repatriation of 
foreigners, and the implementation of all laws, rules, regulations or orders of any 
competent authority concerning the entry and admission into, stay in, and the 
departure from the Philippines of all persons. For administrative purposes, the 
Authority shall be under the supervision of the Department of Justice or under any 
other executive department which the President may subsequently determine. 
SEC. 5. Composition and Qualification. -The Authority shall be 
administered by a Board of Directors General, headed by the Director General as 
chairman, and four (4) Deputy Directors General as members, all of whom shall be 
natural-born citizens of the Philippines and, at the time of their appOintment, at 
least thirty-five (35) years of age, holders of a college degree and with proven 
capacity for administration. After completion of their term, they shall be entitled to 
retirement benefits as that in the manner of the Constitutional Offices. 
. 
Chapter 2 -The Board of Directors General 
SEC. 6. Powers and Functions of the Board. - The Board of Directors 
General shall have the following powers and functions: 
(fl)."iJ~~gi?p,on removal cases; 
(b) 
Act on applications or recommendations for 
revocation of immigration status; 
(c) 
Act on applications for recognition of Philippine 
citizenship 
by 
reason 
of marriage, 
birth, 
repatriation or reacquisition under Republic Act 
No. 9225; 
(d) 
Act 
on 
petitions/applications 
for 
issuance, 
conversion, adjustment, amendment, extension 
or waiver of immigrant, non-immigrant and 
special non-immigrant visas, as the case may be; 
(e) 
Decide 
on 
applications for legalization 
of 
residence; 
~f) Decide applications for refugee status or asylum; 
I 
(g) Prescribe rules governing proceedings before it; 
(h) 
Punish for contempt in accordance with the 
pertinent provisions of the Revised Rules of 
""h' "court; 
(i) Prepare and publish an organizational policy and 
procedures manual, to include requirements, time 
periods and fees for the perfection of all 
transactions entered into by the Authority with the 
public; 
5 


(j) For the purpose of public policy, public interest and 
the efficient administration of immigration laws, 
create' visa and special permits, not otherwise 
provided for in this Act; 
(k) Formulate policies, directives, programs and 
projects, as well as the rules and regulations and 
guidelines to implement the provisions of this Act; 
and 
(I) Perform such other functions and powers as may 
be provided by existing laws, rules and regulations 
of the Authority not inconsistent with any of the 
provisions of this Act and other existing laws. 
SEC. 7. Decisions of the Board. - In any case or proceeding before the 
Board of Directors General, the decision of the majority of those present shall 
prevail. Decisions of the Board shall become final and executory fifteen (15) days 
from receipt thereof. A motion for reconsideration may be filed with the Board 
before the finality of the said decision. No further motion for reconSideration shall 
be allowed. Decisions in removal cases may be appealed to the Office of the 
President, within fifteen (15) days from receipt thereof, whose decision shall be 
final and executory unless stayed by an order of the Court of Appeals on certiorari 
under Rule 65 of the Revised Rules of Court. The appeal shall stay the execution 
of the deciSion appealed froIJlI\Yl1lE!l!~ Jt1e Board, in the interest of national security 
and/or public safety, directs its execution pending appeal. 
SEC. 8. Period for Decision by the Board. - The Board of Directors 
General shall decide removal cases within thirty (30) days from the date they are 
submitted for decision or resolution. 
SEC. 9. Meetings of the Board. - In all cases, the Board of Directors 
General shall convene and act as a collegial body in all matters referred to in 
Section 10 of this Act. The Board shall meet at least twice a month, or as the need 
arises. Members of the Board shall be notified accordingly and the presence of the 
Chairman and two (2) members shall constitute a quorum. 
SEC. 10. Board ExecutiveOfflce and Secretariat. - That Board shall be 
assisted by the Board Executive Office and Secretariat headed by a Director who 
shall be appointed by the President, upon the recommendation of the Director 
General. He must be a member of the Philippine Bar in good standing for at least 
three (3) years prior to his designation. He shall set the agenda for the regular 
meeting of the Board of Directors General; prepare the Minutes of the Meeting of 
the Board of Directors General and shall be in charge of the implementation of 
approved petitions/application for issuance, conversion, adjustment, amendment, 
extension of visa approved by' the' Board of Directors General; He shall also keep 
a docket book for removal cases, applications for revocation of immigration status, 
applications for recognition of Philippine citizenship by reason of marriage, birth, 
repatriation or reacquisition under Republic Act No. 9225, applications for 
legalization of residence, and applications for refugee status or asylum. 
6 


Chapter 3 • The Director General 
SEC. 11. Appointment, Rank and Tenure of the Director General. - The 
Director General shall be appointed by the President and shall hold office for a 
term of seven (7) years without reappointment. He shall have the rank, salary, and 
privileges equivalent to an undersecretary of a department. At the expiration of the 
term of the Director General, the most senior Deputy Director General shall 
temporarily assume and perform the duties and functions of the Director General 
until a permanent Director General is appointed by the President. Any vacancy 
prior to the expiration of the term of the Director General shall be filled for the 
unexpired term only. 
SEC. 12. Powers and Functions of the Director General. - In addition to 
his duties as Chairman of the Board ·of Directors General, the Director General of 
Immigration shall exercise the following powers and functions: 
(a) 
Supervise, direct and coordinate the overall operations of the 
Authority; 
(b) 
Exercise immediate control, direction and supervision of all officers 
and personnel of the Authority; 
(c) 
Issue (i) letter orders after determination of the existence of probable 
cause; (ii) commitment or release orders; (iii) writ of removal; (iv) hold 
departure orders"Jr1i!;C!s"~~ ,of pending preliminary investigation, for a 
non-extendible period of 60 days or upon the date of the order of 
resolution of the prosecutor handling the case, whichever is shorter; 
(v) allow entry or departure orders; (vi) orders for blacklisting; and (vii) 
orders implementing watch list orders issued by the Department of 
Justice; 
(d) 
Delegate authority tOi subordinate officers and employees of the 
Authority; 
: 
(e) 
Act on petitions for declaration of indigency, 
(f) 
Declare such control posts, landing places, airports or ports/points of 
entry or exit, whether limited or unlimited, as may be deemed 
necessary; 
(g) 
Increase, reduce or waive immigration fees, fines, penalties and other 
charges; 
. 
(h) 
Participate and decide in all petitions before the Special Committee on 
Naturalization created under Republic Act No. 9139, as member 
thereof; 
(i) 
(j) 
Issue certificates of identification to foreigners who have obtained 
Filipino citizenship;" ",.~ 
.... 
. 
Issue letter orders and permits to carry firearms, ammunition and 
communications eqUipment to authorized immigration operatives for 
use in enforcement operations and in the execution of warrants: 
Provided, That such firearms are owned and issued by the Authority; 
7 


(k) 
Inspect or through his duly authorized representatives the documents 
of person and the premises and records of entity covered by this Act, 
subject to the provisions of existing laws, rules and regulations; 
(I) 
Deputize any official or employee of the national and local government 
unit, including uniformed personnel of the Armed Forces of the 
Philippines, Philippine National Police and Philippine Coast Guard to 
perform immigration duties and functions subject to the concurrence of 
the Board; 
(m) Authorize and prescribe the forms and the amount of cash bonds for 
the provisional rt:lleaseof respondents in removal proceedings; 
(n) 
Authorize immigration employees to do overtime work at rates fixed by 
him when the services rendered is to be paid for by the shipping 
companies, airlines or other persons served; 
(0) 
For and in behalf of the Authority, accept donation of materials, 
equipment or technical services from any foreign government, 
international or domestic organization, to upgrade its efficiency and 
operations; 
(p) 
Accredit schools and learning institutions that can offiCially accept and 
enroll foreign students; 
(q) 
Accredit law firms, liaison officers, travel agencies, and other 
individuals and qfQ'ill1i,~Cltlon~ transacting with the Authority; 
(r) 
Submit to the PreSident, and to Congress, annually or as may be 
directed, a report on the number and the status of foreigners in the 
Philippines; on foreigners admitted or granted change of status as 
permanent residents; on foreigners who have been excluded or 
removed from the Philippines; on the number of foreigners estimated 
to be present illegally in the Philippines in each calendar year and 
actions taken to arrest them; and other such transactions of the 
Authority; 
(s) 
Prepare and submit supplemental budget of the Authority for the 
consideration of the Department of Budget and Management; 
(t) 
Prescribe such rules, regulations or other administrative issuances to 
govern proceedings or .to carry out the provisions of this Act and the 
resolutions and policies approved by the Board; 
(u) 
Prescribe such forms and bonds, reports, entries, and other papers; 
and 
(v) 
Perform such other functions inherent to the Director General. 
ChapterT'4'~T/fe Deputy Directors General 
SEC. 13. Appointment, Rank and Tenure of the Deputy Directors 
General. - There shall be four (4) Deputy Directors General who shall be 
appointed by the President and shall hold office for a term of seven (7) years 
without reappointment. The first two (2) appointed Deputy Direct()rs General shall 
8 


hold office for seven (7) years and the next two (2) for five (5) years, without 
reappointment. They shall have the rank, salary and privileges equal to an 
assistant secretary of a Department. Appointment to any vacancy shall be only for 
the unexpired term of the predecessor. 
SEC. 14. Duties of the Deputy Directors General. - In addition to their 
dUties as members of the Board of Directors General, the Deputy Directors 
General shall exercise powers and functions, as may be assigned to them by the 
Board, in the following areas of concern as: 
a. 
Deputy Director General for Administration, Finance, 
Planning, Legal and Information and Communications 
Technology; 
b. 
Deputy Director General for Regional Operations, 
Registration, Immigration Regulation and Visa and 
Special Permit; 
c. 
Deputy Director General for Intelligence, Enforcement, 
Fraud Prevention and Complaint and Prosecution; and 
d. 
Deputy Director General for International Policies, 
Cooperation and Social Integration. 
Cha~r*"t ~, ~TlJfI ,Executive Director 
SEC. 15. Appointment; Tenure; Rank. - There shall be an Executive 
Director of the Authority who shall likewise be appOinted by the President upon the 
recommendation of the Director General, with a rank, salary and benefits of 
Director III, who shall exercise 'administrative supervision over different 
departments of the Authority. He must be a natural born citizen of the Philippines, 
at least thirty five (35) years of age with at least five (5) years of experience 
performing supervisory and executive functions. He shall be assisted by a Deputy 
Executive Director II. 
Chapter 6 -The Board of Special Inquiry 
SEC. 16. Constitution of a Board of Special Inquiry. - Twelve (12) 
Boards of Special Inquiry are hereby constituted, each to be composed of a 
chairman and two (2) members. Each Board shall be designated according to their 
areas of specialization, to be determined by the Board. 
SEC. 17. Appointment,. Qualification and Tenure of the Members of the 
Board of Special Inquiry. - The Chairmen and members of the Boards of Special 
Inquiry shall be appointed liy"theSecretary upon the recommendation of the 
Director General, all of whom shall be natural-born citizens of the Philippines, and 
at the time of their appointment, at least thirty (30) years of age, members of the 
Philippine Bar in good standing, with at least three (3) years in actual practice. 
They shall hold office during good behavior, unless sooner removed for cause. 
9 


SEC. 18. Powers and Functions of the Board of Special Inquiry - The 
Boards of Special Inquiry shall: 
(a) 
Administer oaths; 
(b) 
Punish for contempt in accordance with the pertinent provisions of 
the Rules of Court; 
(c) 
Issue subpoena duces tecum and subpoena to witnesses to appear 
in a case being heard by the Board of Special Inquiry; 
(d) 
Recommend to the Board the imposition, waiver or reduction of fees, 
fines, penalties, and other charges subject to existing laws, rules and 
regulations; 
(e) 
Exercise original authority to hear and recommend to the Board for 
final resolution of the following cases: 
1. 
Removal; 
2. 
Applications for revocation of immigration status; 
3. 
Applications for recognition of Philippine citizenship. by 
reason of marriage, birth, repatriation or reacquisition under 
Republic Act No. 9225; 
4. 
Applicati~!]~fpr,l~galization of residence; and 
5. 
Applications for refugee status or asylum; 
6. 
Perform ~uch oth~r functions al)d duties as may be directed 
by the Board or the Director General. 
SEC. 19. Proceedings Before the Board of Special inquiry. - The 
proceedings before the Boards of Special Inquiry shall be public and faithfully 
recorded. In all cases, each of the Boards of Special Inquiry shall meet and act as 
a collegial body. Only members of the Philippine Bar in good standing shall appear 
for and in behalf of any party before the Boards of Special Inquiry. 
SEC. 20. Resolutions of the Board of Special inquiry. - Cases before the 
Boards of Special Inquiry shall be resolved within five (5) working days from the 
date the same are submitted for resolution. Said resolution shall be submitted 
immediately to the Board for action. 
Chapter 7 - Directorates and Personnel of the Authority 
SEC. 21. Directorates'andOffier Operating Office of the Authority. -
The Authority shall have the following directorates and other operating offices, 
namely: (a) Directorate for Administration; (b) Directorate for Finance; (c) 
Directorate for Information and Communications Technology; (d) Directorate for 
Planning and Research; (e) Directorate for International Policies and Cooperation; 
(f) Directorate for Social Integration; (g) Directorate for Intelligence; (h) Directorate 
for Law Enforcement; (i) Directorate for Fraud Prevention; 0) Directorate for Legal; 
10 


(k) Directorate for Immigration Regulation; (I) Directorate for Registration;(m) 
Directorate for Visa and Special Permit; (n) Directorate for Complaint and 
Prosecution (0) Internal Audit Office; (p) National Operations Center; and (4) 
Immigration Academy of the Philippines. 
SEC. 22. Heads of the Directorate and Other Operating Offices. - Each 
directorate and other operating offices shall be headed by a Director; Provided, 
however, That the Director for. Directorate for Legal and Directorate for Complaint 
and Prosecution shall be members of the Philippine Bar in good standing and the 
Director for Directorate for Finance Department shall be a Certified Public 
Accountant. 
SEC. 23. Duties and Functions of the Directorates and Other Operating 
Offices. - The different Directorates and other operating offices of the Authority 
shall operate in accordance ,with their respective duties and functions as defined 
by the Director General, subject to the reqUirements of efficiency, economy, 
transparency, accountability and effectiveness, and pertinent budget and civil 
service laws, rules and regulations. 
Chapter 8 -The Field Offices 
SEC. 24. Field Offices of the Authority. - The Authority shall operate and 
maintain a Regional Immig~~tiQ'\9Ifiqe in each of the administrative regions 
including the National Capital Region and also a Provincial Immigration Office in 
every province of the country. The Regional and Provincial Immigration Offices of 
the Authority shall each be headed . by a Regional Immigration Officer and 
Provincial Immigration Officer, respectively, all of whom shall be appointed by the 
Secretary upon the recommendation of the Director General. 
SEC. 25. Border Control Stations - There shall be established Border 
Control Stations which shall be manned by Border Control Officers. The Border 
Control Stations shall be placed in specific areas in the Philippines which will be 
determined by the Board. Border Control Officers shall be appointed by the 
Secretary of Justice, upon recommendation of the Director General. Their duties 
and responsibilities shall also be determined by the Board. 
SEC. 26. Changes in the Composition, Distribution of ASSignment of 
Field Offices. - The Director General may make changes in the composition, 
distribution and aSSignment of field offices, as well as its personnel, based on the 
demographics of Philippines' foreigner population and as the exigency of the 
service may require. 
Chapter 9 -Other Officers of the Authority 
SEC. 27. Philippine Immigration Representatives - The positions of 
Philippine Immigration Representatives are hereby created. No person shall be 
appointed to the position of Immigration Representative unless he has attended 
the training program prescribed by the Authority for such position and has the 
appropriate qualifications as that of the Attache prescribed in the Qualification 
Standards by the Civil Service Commission. He shall also have the rank, salary 
11 


and emoluments equivalent to an Attache. He shall perform functions as may be 
provided by the Board. 
SEC. 28. Immigration Officers. - The position of Immigration Officer is 
hereby created. No person shall be apPointed to the position of Immigration Officer 
unless he is a holder of a bachelor's degree and a first grade civil service eligible. 
The Immigration Officers shall perform the following duties: 
(a) 
Examine, with the assistance and advice of medical authorities in 
appropriate cases, foreigners at the port of entry concerning their 
admissibility to enter and their qualifications to remain in the 
Philippines; 
(b) 
Exclude foreign nationals not properly documented, and to admit 
foreign nationals complying with the applicable provisions of 
immigration and related laws; 
(c) 
Administer oaths in connection with the performance of their duties; 
(d) 
Board and search for foreign nationals on any vessel believed to be 
used to illegally bring foreign nationals into the Philippines, and to 
arresf without warrant any foreigner who in his presence or view is 
entering or is about to enter the Philippines in violation of immigration 
and related laws, rules and regulations; 
(e) 
Act as control, .. officer, with authority to prevent the departure of 
passengers not complying with the departure requirements: and 
(f) 
Perform such other functions as may be assigned by the Director 
General from time to time. 
SEC. 29. Appointment and Designation of Employees. -
The 
appointment of all other personnel of the Authority, including the deSignation of 
Acting Immigration Officers, shall be vested in the Secretary upon the 
recommendation of the Director General; Provided, that the Director General may 
designate or assign any employee to other offices within the Authority and/or 
assign him additional or other duties as the best interest or exigency of the service 
may require. 
SEC. 30. Assignment of Employees to do Overtime Work. -The Director 
General may assign immigration employees to do overtime work or services 
pursuant to rules and regulations to be prescribed at rates fixed by the Director 
General when the work orservi¢e to be rendered is to be paid by the airline, 
shipping companies or other persons served. 
SEC. 31. Manning Levels - On the average nationwide, the manning levels 
of the Authority shall be app.r.o~.i.m.ate.ly in accordance with immigration officer-to-
number of arrival or port of entry ratio, whatever is deemed practicable which will 
be determined by the Board. Provided, That the number of employees, as 
provided in the staffing pattern in accordance with Section 127 of the Act, shall not 
be decreased. 
12 


" 
._
TlTLE/II 
IMMIGRA TlON 
Chapter 1 - Non-Immigrants 
SEC. 32. Categories of Non-immigrants and Types of Visa Issued. -
Foreign nationals departing from any place outside the Philippines who are 
otherwise admissible and who qualify within one of the following categories may 
be admitted as non-immigrants: 
(a) 
Temporary visitors (A Visas) - Visitors coming to the Philippines for a 
temporary period, for reasons of business, pleasure or health: 
1. 
Business (A-1 visa) -Temporary visitors engaged in activities of 
a commercial or professional nature for a foreign employer or 
for themselves that will not result in gainful employment in the 
Philippines. As used herein, the term "business" refers to 
conventions, conferences, consultations and other legitimate 
activities of a commercial or a professional nature, but does not 
include local employment or labor for hire; 
2. 
Pleasure (A-2 visa) - Stay in the Philippines for holiday, 
including sightseeing, recreation or visiting relatives; and 
3. 
Health (A-3 visa) -Stay in the Philippines to avail of medical 
treatment. 
I '[ U I~I ~,,_~ j 
\ 
.' 
(b) Transit Persons '(B Visa) - Persons passing through the Philippines 
solely for a "stop over" who have confirmed connecting flight to 
another country or passengers in immediate and continuous transit 
through the Philippines to a destination outside thereof; 
(c) 
Crew members (C Visa) - Members of the crew of vessels required for 
the normal operation and servicing of the vessels, who come to the 
Philippines temporarily as part of their jobs either arriving with or 
coming to join the vessels; 
(d) 
Treaty Traders (0-1 Visa) & Treaty Investors (0-2 Visa) - Citizens and 
their family members from a country that has a trade treaty with the 
Philippines and coming to work in the Philippines for either a company 
they own or one that is at least fifty percent (50%) owned by other 
nationals of their, home c;:ountry and which company is engaged in 
substantial trade between the Philippines and their home country shall 
be granted a 0-1 visa, Citizens and their family members of a country 
that has an investor treaty with the Philippines and coming to work in 
the Philippines for a business they own or one that is at least fifty 
percent (50%) owned by other nationals of their home country and 
which business' is supported by a substantial investment from 
nationals of their home country shall be granted a 0-2 visa; 
(e) 
Accredited ForeigiF Government Officials, Their Families and 
Attendants (E Visas) " Foreign government officials, their families and 
attendants coming tq the country for official purpose, pursuant to 
international conventions and bilateral agreements, shall be granted E 
Visas divided into three (3) types, namely: 
13 


1. Persons entitled to E-1 Visa - The E-1 Visa shall be issued to 
persons enjoying diplomatic immunities and privileges, particularly the 
following classes offoreign nationals: 
a. 
Heads of the State and Heads of Government and their 
personal representatives; 
b. 
Members of reigning royal families recognized by the 
Philippine Government; 
c. 
Governws-general, governors, and high commissioners 
of 
qependent 
territories 
and 
their 
personal 
representatives; 
d. 
Cabinet ministers and their deputies and officials with 
cabinet rank of ministers; 
e. 
Presiding officers of national legislative bodies; 
f. 
Justices of the highest national judicial bodies; 
g. 
Diplomats and career consular officials; 
h. 
Diplomatic 
couriers 
regularly 
and 
professionally 
employed. as such; 
i. 
Mili~ii\..IY\ l!1i\lVal, air and other attaches' assigned to a 
diplomatic mission; 
j. 
All members of official ad hoc missions of a diplomatic 
character; 
k. 
Representatives of international organizations who have 
diplomatic status and bearing diplomatic passports 
issued by their governments; 
I. 
Officials of international organizations bearing diplomatic 
passports when traveling on official business; 
m. 
Members of delegations proceeding to or from an 
international conference of an official nature; 
n. 
Accompanying wives and unmarried minor children of 
foreigners within the abovementioned categories; and 
o. 
Such other officials going to the Philippines on 
Diplomatic missions. 
2. Persons entitled to E-2 Visa - The E-2 visa shall be issued 
to any other person not included in the foregoing list, who is an officer 
of a foreign government recognized by the Philippines, is a natiorial of 
the country whose government he represents, and is proceeding to the 
Philippines in connection with official business for his government. 
This category includes, inter alia, the members of the staff of an 
embassy or consulate, the staff of international organizations, and 
official ·students or participants in programs under the auspices of the 
Philippine Government or recognized international institutions. The 
14 


family members of the abovementioned persons shall also be issued 
E-2 Visa. 
3. Persons entitled to E-3 Visa - The E-3 Visa shall be issued 
to the members of the household, the attendants, servants and 
employees of persons to whom E-I and E-2 visas have been granted; 
(f) 
Students (F Visa) - Foreign students having means sufficient for their 
support and education. in the Philippines who seek to enter the 
Philippines temporarily for the sole purpose of taking up a course of 
study higher than high school at a university seminary, academy or 
college accredited for ~uch foreign students by the Director General: 
Provided, That the Director General shall, in collaboration with the 
Commission on Higher Education, regularly monitor the status and 
activities of said foreign national students in the Philippines under such 
arrangements as may be agreed by the two agencies; 
(g) 
Foreigners under Prearranged Employment (G Visa) -
Foreign 
nationals coming to the Philippines on prearranged employment, 
including their family members accompanying or following to join them 
within the period of their employment. These include intra-company 
transferees, professionals, performing artists and athletes, and cultural 
exchange workers under a work exchange program; 
(h) 
(i) 
Religious Workers (H Visa) -
Duly ordained or professional 
missionaries and religious ministers including members of their family 
coming to the" 1?J1i1iRPin,es 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 the doctrines, dogmas or 
tenets of their faith or relig ion; 
Representatives of International Organizations and Government 
Agencies (I Visa) - Officials and principal representatives and foreign 
workers of accredited international organizations as well as missions, 
including their family members, staff and"servants. As used herein, the 
term "accredited international organization" includes any public 
international organization in which the Philippines participates 
pursuant to any treaty or under the authority of any act of the 
Congress of the Philippines authorizing such participation or making 
an appropriation for such participation and such other international 
organizations, institutions, agencies, programs, foundations and 
entities which are recognized by the government of the Republic of the 
Philippines, including those existing and already recognized as such at 
the time of the effectivity of this Act. The term "servants" refers to 
members of the households and employees of persons to whom the 
E-3 visa has been granted; 
Media Workers (J Visa) - Foreign media personnel or correspondents, 
duly accredited by"fhegovernment 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 
unrestricted 
information 
principally 
for 
dissemination abroad, including their family members accompanying 
or following to join them during the period of the assignment in the 
Philippines; 
15 


(k) 
Exchange Visitors (K Visa) - Foreign nationals entering the Philippines 
to teach, study, observe, conduct research or receive training in a 
specific Exchange Visitor Program duly approved by the Philippine 
Government; 
(I) 
Refugees (L-1 Visa) & Stateless Persons (L-2 Visa) - Refugees as 
defined in Section. 3(x) 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 Director General or the 
President in such class of cases and under such conditions as he may 
prescribe, shall be issued L-2 Visa; and 
(m) 
Special Non-Immigrants (M Visas) - Such other foreign nationals 
including their family members who may be admitted as non-
immigrants under special laws or foreign nationals not otherwise 
provided for by this Act who are coming for temporary periods only, 
and whose admission is authorized by the Director General or the 
President in the interest of the public or for humanitarian 
considerations and under such conditions as he may prescribe. 
Chapter 2 -Immigrants 
SEC. 33. Quota Immigrants. - Subject to conditions set forth in this Act, 
there may be admittedin,t,\"" .!h/fl . Philippines, immigrants, termed "quota 
immigrants", not to exceed' two hundred (200) of anyone nationality based on 
immigration reciprocity for anyone calendar year, and upon allotment by the 
Director General of the corresponding quota number. In the allotment of quota 
numbers, the following order of preference shall be observed: 
(a) 
First Preference - those whose service and qualifications show high 
educational attainment, technical training, specialized experience, or 
exceptional ability in the sciences, arts, professions, or business as 
would reasonably enhance and contribute substantial benefits 
prospectively to the national economy, or cultural or ,educational 
interests or welfare of the Philippines, including their family members, 
accompanying or following to join them, who shall likewise be allotted 
individual quota numbers; 
(b) 
Second Preference - Parents of a naturalized Philippine citizen; 
(c) 
Third Preference - Spouses or minor children of foreign nationals who 
are lawful permanent residents of the Philippines; and 
(d) 
Fourth Preference - Parents of foreign nationals who are lawful 
permanent residents of the Philippines. 
SEC. 34. AllotmentorQuota;~'The Director General shall, in allotting quota 
numbers for the first preference, allot not more than fifty percent (50%) of the 
annual quota allotment up to .the end ,of June each year: Provided, however, That 
if the fifty percent (50%) is not utilized by the first preference, the balance thereof 
shall be given to the second and third preferences following the order of 
preference specified under Section 31 of this Act. Any unused quota allotment for 
a calendar year cannot be carried over and utilized for the ensuing calendar year. 
, 
I 
16 


SEC. 35. Basis in Determination of Quota Allotment. - The nationality of 
an immigrant whose admission is subject to the numerical limitation imposed by 
Section 31 of this Act shall be that of the country of which the immigrant is 'a 
national or a citizen. The nationality of an immigrant possessing dual nationality 
may be that of either of the two countries regarding him as a national or citizen if 
he applies for a visa in a third country. If he applies for a visa within one of the two 
countries regarding him as a national or citizen, his nationality shall be that of the 
country in which he shall file his application for a visa to enter the Philippines. 
SEC. 36. Non-Quota Immigrants. - The following immigrants, termed 
"nonquota immigrants", may be admitted without regard to numerical limitation and 
immigration reciprocity: 
(a) The spouse of a Philippine citizen: Provided, however, That the 
abandonment and failure to give support by the foreign spouse to his 
Filipino wife and family, legal separation, or termination of the marital 
status by annulment or divorce where the cause is attributable to the 
foreign spouse, shall constitute grounds for cancellation of the 
immigrant visa issued to the foreign spouse; 
(b) 
A child born to a foreign mother during her temporary visit abroad, the 
mother being a lawful permanent resident of the Philippines, if 
accompanied by or coming to join the mother who applies for 
admission within five (5) years from the birth of the child; 
(c) 
A child born subS~qJ,l.I'lDtJ9i the issuance of the immigrant visa of the 
accompanying parent, the \/isa not having expired or revoked; 
(d) 
A foreign national who had been previously lawfully admitted into the 
Philippines for permanent residence, who is returning from a 
temporary visit abroad to an unrelinquished residence in the 
Philippines; and 
(e) 
A natural born citizen who becomes a naturalized citizen of a foreign 
country, and is returning to the Philippines for permanent residence 
therein, including his spouse and minor children accompanying or 
following to join him, except those who have re-acquired or retained 
their Philippine citizenship pursuant to Republic Act No. 9225. 
SEC. 37. Status of Children Born to Foreign Nationals. - A child born in 
the Philippines to parents who are foreign nationals and lawful residents of the 
Philippines shall be deemed a native-born permanent resident. However, a child 
born to parents who are both non-immigrants shall be deemed a native-born non-
immigrant or temporary resident and may remain in the Philippines. only during the 
period of authorized stay of the parents, unless he reaches the age of eighteen 
(18) years while continuously residing in the country, in which case he may apply 
for an appropriate visa or naturalization under existing laws . 
.. '''-, " ./ ., .J' 
,.,,,,, 
Chapter 3 -Adjustment of Status 
SEC. 38. Conditions for Adjustment of Status of Foreign Nationals. -
The status of a foreign national admitted into the Philippines as non-immigrant 
may be adjusted by the Board, ill their discretion and under such regulations as 
17 


I 
the Director General may prescribe, to that of a foreigner lawfully admitted for 
permanent residence if: (a) the foreigner makes an application for such 
adjustment; (b) the foreigner is eligible.to receive a quota or non-quota immigrant 
visa and is admissible to the Philippines for permanent residence: and (c) a quota 
immigrant visa, if such is the case, is immediately available to him at the time his 
application is filed, without the need of first departing from the Philippines. In all 
such cases, the personal appearance of the foreigner shall be required during the 
consideration of his application.. . 
. 
SEC. 39. Effect of Appro",' on Application for Adjustment. - Upon the 
approval of an application for adjustment of status under the preceding section, 
the Director General shall record the foreign national's lawful admission for 
permanent residence as of the date of approval of the application. The Director 
General shall reduce by one the number of the preference immigrant visa 
authorized to be issued under Section 33 of this Act within the class to which the 
foreign national is chargeable for the calendar year then current, if such be the 
case. 
SEC. 40. Adjustment of Status, When Not Allowed. - Adjustment of 
status under Section 36 of this Act shall not be applicable to (a) a foreign 
crewman, (b) a foreign national who hereafter continues in or accepts 
unauthorized employment prior to filing of his application or who is in unlawful 
immigration status on the date of filing of his application or who has failed (other 
than through no fault of his own or for technical reasons) to maintain continuously 
a lawfUl status since entry into, tlite,Pni,l]ppines, (c) a foreign national admitted as a 
temporary visitor without visa, and (d) transients. 
Chapter 4 - Documentation and Admission of Non-Immigrants 
SEC. 41. Documentary Requirements of Non-immigrants. -
Non-
immigrants must present for admission into the Philippines valid passports issued 
by the governments of the countries to which they owe allegiance or other travel 
documents showing their origin and identity as prescribed by regulations and a 
valid visa granted by the Authority or Philippine Consular Officer, if required under 
existing laws, rules, regulations, or multi-lateral or bilateral agreements. 
SEC. 42. Conditions and Period of Authorized Stay of Temporary 
Visitors. - The initial period of authorized stay of a foreign national admitted as a 
temporary visitor under Section 30, paragraph (a) of this Act shall not exceed two 
(2) months from the date of arrivaL Extensions of authorized stay may be granted 
under terms and conditions as may be prescribed by the Director General 
Provided, That the total period of authorized stay shall not exceed twenty-four (24) 
months: Provided further, That during the foreign national's authorized stay: (a) he 
shall not take any employment, whether paid or unpaid; (b) he shall not establish 
or join in any business; or (c) he shall not end and become a student at a school, 
college, university, academy;"or'other educational institution, unless he is granted, 
upon proper application, a conversion to another immigration status provided 
under this Act. 
SEC. 43. Conditions for Issuance of Pre-arranged Visas. - A visa for a 
Non-immigrant referred to in Section 30, paragraph (9) of this Act who is coming to 
18 


the Philippines for prearranged employment shall not be issued by a consular 
officer until the consular officer shall have received authorization for the issuance 
of the visa. Such authorization shall be given only upon petition filed with the 
Board establishing that no person can be found in the Philippines willing and 
competent to perform the work or service for which the nonimmigrant is desired 
and that the non-immigrant's admission would be beneficial, to the public interest. 
The petition shall be made under oath, in the form and manner prescribed by 
regulations, by the prospective employer or his representative. The petition shall 
state fully the nature of the work or service for which the nonimmigrant is desired, 
the probable length of time for which he is to be engaged, the salary and other 
compensation which he is to receive, the reasons why a person in the Philippines 
cannot be engaged to perform the work or service for which the nonimmigrant is 
desired and why the non-immigrant's admission would be beneficial to the public 
interest. The petition shall be accompanied by a certified copy of any written 
contract or agreement entered into for the non- immigrant's service and shall 
contain such additional information as may be deemed material. SUbstantiation of 
all the allegations made in the petition shall be required and the allegations that no 
person can be found in the Philippines willing and competent to perform the work 
or service for which the nonimmigrant is desired and that the non-immigrant's 
admission would be beneficial to the public interest shall be established beyond 
doubt by convincing and satisfactory evidence. If the Board finds that the petition 
complies with the requirements of the preceding paragraph and that the petitioner 
has established the facts entitling him to the authorization, the Board shall grant 
the petition and he shall so inform the petitioner and promptly transmit 
authorization to the Consular Office at which the non-immigrant is to apply for a 
visa. 
,'.,' 
SEC. 44. Submission of Crew List and Passenger Manifest to the 
Authority. - Simultaneous to the departure from the vessel's port of origin, the 
master, captain, agent, owner or consignee of any commercial vessel arriving to 
the Philippines shall submit to and rElceived by the Authority within a reasonable 
time prior to such arrival, the crew lists, passenger manifests and such other 
information concerning the persons arriving on such vessel. In the same manner 
and condition, the master, captain, agent, owner or consignee of any commercial 
vessel departing from any port in the Philippines shall submit to the Authority 
within a reasonable time prior to such departure, the crew list, passenger manifest 
and such other information concerning the persons departing on such vessel. The 
crew lists, of an incoming sea craft shall be duly visaed by the appropriate 
Philippine offiCial abroad. 
SEC. 45. Inspection of Crewmembers. - It shall be the duty of the master, 
agent, owner or consignee of any vessel arriving in the Philippines to have 
available on board, for inspection' by the immigration officer, any foreign 
crewmember employed on such vessel and to detain such crewmember on board 
after inspection and to remove such crewmember when required by the 
immigration authorities. No crewmember employed on board such vessel shall be 
paid off or discharged while the vessel is in port without the permission of the 
Director General. 
SEC. 46. Permission for temporary landing of foreign crewmembers. -
A foreign crewmember employed on', a vessel arriving in the Philippines may be 
permitted to land temporarily under such conditions as shall be prescribed by the 
Authority. The expenses incurred while on land or awaiting repatriation, for 
medical treatment in a hospital or elsewhere, burial in the event of death, and for 
19 


transfer to the vessel in the event of return of any crewmember shall be borne by 
the master, captain, agent, owner or consignee of the carrying vessel. 
Chapter 6 -Asylum 
SEC. 47. Asylum Seekers,. Grant of Refugee Status. - Asylum seekers 
may apply for recognition of refugee status upon seeking admission at any port of 
entry or at any reasonable time after admission. Refugee status shall be granted 
after a determination by the Board that an applicant meets the qualifications of a 
refugee as defined in Section 3 hereof. Refugee status shall not be granted to an 
applicant if: 
(a) 
He has committed a.crime against peace, a war crime, or crime 
against humanity as defined in international laws; 
(b) 
He has committed a serious non-political crime outside the Philippines 
prior to his admission as a refugee; or 
" 
(c) 
He has been guilty of an act contrary to the purposes and principles of 
the United Nations. 
SEC. 48. Cessation of Refugee Status. - Refugee status granted under 
the previous section shall cease if a refugee: 
.'. il J LL.,.I :;!, . ..ir 
(a) Voluntarily re-availed of the protection of the country of his nationality, 
or having lost his nationality voluntarily re-acquired the lost nationality, 
or voluntarily re-established himself in the country he left or outside of 
which he remained owing to fear of persecution; 
(b) 
Acquired a new nationality and enjoys the protection of the country of 
the new nationality; or 
(c) 
Can no longer continue to refuse to avail the protection of the country 
of his nationality or, not having a nationality, is able to return to the 
country of former habitual residence in view of the cessation of the 
reasons that resulted to his being a refugee: Provided, That this 
ground shall not apply if a refugee is able to invoke compelling 
reasons arising out of previous persecution for his refusal to avail of 
the protection of his country of habitual residence or nationality. 
SEC. 49. Effect of Grant of Refugee Status to Refugee Dependents. - A 
spouse, minor child, and other dependents of a refugee who is granted asylum 
may, if not otherwise eligible for asylum under Section 45, be granted the same 
status as the refugee to assure family unity or when it is in the public interest. 
SEC. 50. Confidentla/ltY "jjr"lnformation. -
In proceedings for the 
recognition of asylum or refugee status, the confidentiality of information shall be 
respected and no information relating to the refugee or asylum seekers shall be 
shared with the country of origin, directly or indirectly. 
20 


SEC. 51. Burden of Proof. - In proceedings for the recognition of asylum 
or refugee status, the burden of proof lies with the applicant, subject to the 
principle of non-refoulment. 
SEC. 52. Stay of Exclusion or Removal of Asylum Seeker. -
Notwithstanding the provisions of Sections 75 and 83, the exclusion from entry 
and removal of a foreigner shall be stayed during the pendency of an application 
for asylum, refugee, or humanitarian !/tatus. Where grounds under Section 75 are 
present, the asylum seeker or refugee shall be allowed entry and the application 
shall be immediately referred by the Immigration Officer to the Board of Special 
Inquiry. 
. 
SEC. 53. Detention of Asylum Seeker. - Detention of asylum seekers 
shall only be resorted to in cases arising out of illegal entry or unauthorized stay 
after consideration· of other alternatives, as may be determined by the Director 
General. 
Chapter 6 - Documentation and Admission of Immigrants 
SEC. 54. Documentary Requirements of Immigrants; Instances when 
not required. - Immigrants must present for admission into the Philippines valid 
passport or travel documents issued, by the government of the country to which 
they owe allegiance, showing,tbeir,origin and identity and valid visas issued by the 
Board or Philippine consular officer indicating the date of issue and the period of 
validity thereof. Immigrant visas, however shall not be required of the following: 
(a) A child born subsequent to the issuance of a valid immigrant visa to 
the accompanying parent; 
(b) 
A child born during the temporary visit abroad of the mother who is a 
lawful permanent resident of the Philippines and a holder of a valid 
reentry permit, if the child is accompanied by either parent within five 
(5) years from the date of the child's birth; and 
(c) 
A foreigner who is returning to an unrelinquished lawful permanent 
residence in the Philippines after a temporary residence abroad and 
presents for admission a valid reentry permit. 
Chapter 7 -Visa Issuance 
SEC. 55. Nature of Visa. - Nothing in this, Act shall be construed to 
automatically entitle any foreign national to whom a visa or other travel document 
has been issued to enter the Philippines if, upon arrival at a port of entry, he is 
found to be inadmissible un<.l~r.thi.~ Agt or any otheflaw. 
SEC. 56. Requirements for Issuance of Visa. - Under the conditions and 
subject to the limitations prescribed in this Act or regulations issued hereunder, the 
Board may approve the issuance of the following visa, upon the recommendation 
of a consular officer: 
21 


(a) A non-immigrant visa to a foreign national who has made proper 
application therefor, which shall specify the classification of the non-
immigrant under Section 30 of this Act, the period during which the 
visa shall be valid, and such additional information as may be 
required; and 
(b) 
An immigrant visa to a foreign national who has made a proper 
application therefor, which shall specify the foreign country, if any, to 
which quota the number is charged, the immigrant's particular status in 
such country, the preference to which the foreigner is classified, the 
date on which the validity of the visa shall expire, and such additional 
information as may be required. 
SEC. 57. Requirements for Physical and/or Mental Examination Prior to 
Issuance of Immigrant Visa. - Prior to the issuance of an immigrant visa to any 
foreign national, the consular officer shall require such person to submit to a 
physical and mental examination in accordance with such regulations as may be 
prescribed by the Board. 
SEC. 58. Validity of Visa. -A non-immigrant or immigrant visa issued by a 
consular officer abroad pursuant to the immediately preceding section shall be 
valid for a period not exceeding six (6) months. In prescribing the period of validity 
of a non-immigrant visa, the consular officer shall, insofar as practicable, accord to 
such nationals the same treatment upon a reciprocal basis as such foreign country 
accords to citizens of the Phjlippir)eswho are within a similar class. An immigrant 
visa may be replaced under the original number during the calendar year in which 
the original visa was issued for a, foreigner who establishes to the satisfaction of 
the consular officer that he was unable to use the original immigrant visa during 
the period of its validity for reasons beyond his control: Provided, That the foreign 
national is found by the consular officer to be eligible for another immigrant visa 
and has paid all the fees. 
SEC. 59. Denial of Visa, Grounds Thereof - The consular officer may deny 
the application for visa (a) if ifappears from the statements in the application or in 
the documents submitted the applicant is not entitled to a visa under this Act; or 
(b) if he fails to comply with the requirements of the provisions of this Act. 
SEC. 60. Revocation of Visa issued by Consular Officer. - The Director 
General may, for valid cause, revoke the visa issued by any Philippine consular 
office and the latter shall be notified thereof through the Secretary of the 
Department of Foreign Affairs. If the notice of revocation is not received and the 
visa holder applies for admission into the Philippines, his admissibility shall be 
determined by the Immigration Officer upon his arrival at the port of entry. 
Chapter 8 • Re-entry and Emigration Clearance 
_ ...... " ••• _ •• ,,, 
-. ,! .... 
SEC. 61. Reentry. - Every time a registered foreign national, except a 
temporary visitor, departs or about to depart temporarily from the Philippines with 
intention to return must pay a re-entry fee, emigration clearance fee and head tax: 
Provided, That said foreign national returns to the Philippines within a period of 
one (1) year from his departure in order to maintain his visa category, otherwise, 
22 


he shall apply for an extension of the period within which to return prior to its 
expiration and pay the prescribed fees and charges therefor: Provided, further, 
that if his authorized stay is less than one (1) year, he shall pay a special return 
fee, emigration clearance fee and head tax for every departure: Provided, finally, 
that in both cases, if the registered foreign national depart permanently from the 
Philippines, he shall surrender all his Philippine immigration documents to the 
Authority, and apply for and be issued an Emigration Clearance Certificate upon 
payment of the prescribed fees and charges therefor, subject to the following 
conditions: 
(a) 
He has no pending obligation with the government or any of its 
agencies or instrumentalities; 
(b) 
He has no pendil)g criminal,. civil, or administrative proceeding which 
requires his continued presence in the country: and 
(c) 
There is no ongoing legislative inquiry where he is called upon to 
testify as a witness. 
SEC. 62. Emigration Clearance. - Any temporary visitor departing from the 
Philippines shall, after the expiration of his initial authorized stay, apply for 
emigration clearance with the Authority and pay the prescribed fees and charges 
therefor. 
SEC. 63. Presidential Prerogatives. -
Any provisiori of this Act 
notwithstanding, the President may: 
(a) 
Deny the entry and admission into the Philippines of any foreign 
national or a class of foreign nationals whenever the President finds 
that the entry would be detrimental to the interest of the Philippines or 
impose such restrictions as he may deem appropriate; 
(b) 
Waive passport and/or ... 
and immigrants under 
'Im."nI~rv requirements for non-immigrants 
and conditions as he may prescribe; 
(c) 
Change the status of 
imrninlr:onk by, allowing them to acquire 
permanent residence "', .. 'u'" without necessity of a visa; 
(d) 
Deport any foreign national, subject to the requirement of due process; 
(e) Admit non-immigrants not otherwise provided for in this Act, for 
humanitarian consideration and when not detrimental to public 
interest, under such terms and conditions as he may prescribe; 
(f) 
Prohibit the departure from the Philippines of any person who is likely 
to disclose naticinaJ"seciirify Information, or who is likely to organize a 
rebellion abroad against the Philippines: or whose presence in the 
country is necessary to face or be a witnes.s in criminal. proceedings; 
and 
23 


(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 Port of Entry 
SEC. 64. Authority to Classify Ports. - The Director General shall classify 
and designate, from among the ports of entry established by law for immigration 
purposes, limited or unlimited ports of entry through which foreigners may be 
admitted into the Philippines. Only such classes of foreigners as provided under 
the rules and regulations prescribed by the Director General may be admitted at 
limited ports of entry. The Director General 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 Officer. - A foreigner seeking 
admission or readmission shall present his valid passport and visa, if required, to 
the immigration officer at the port of entry to the Philippines and shall be subject to 
primary inspection. The decision of the examining immigration officer, if favorable 
to the admission of any fQr~igOEtr."I("~y be challenged by another immigration 
officer. The final' determination of'" admissibility of such foreigner shall be 
determined by a Director General, in case no resolution is reached between the 
immigration officers on the challenged admission. In case of admission, the 
immigration officer shall indicate in the passport the date, the port of entry and the 
identity of the vessel boarded. 
SEC. 66. Detention or Quarantine for Examination. - For the purpose of 
determining whether a foreigner arriving at any port in the Philippines belongs to 
any of the classes excludable und,er this Act, by reason of being afflicted with any 
of the contagious or communicaple disease or mental disorder set forth under 
Section 75(a) of this Act or whenever the Director General has received 
information showing that foreigners are coming to the Philippines from a country or 
have embarked at a place where any of such diseases are prevalent or epidemic, 
the foreigner shall be detained or quarantined for a reasonable period of time to 
enable the immigration and medical officers to subject such person to observation 
and examination. 
SEC. 67. Medical Examination Requirement - Any arriving foreign 
national whom the examining immigration officer believes to belong under the 
class of excludable foreign nationals specified in Section 78(a) herein shall be 
referred to deSignated medical officers for physical and mental examination. Such 
medical officer shall certifY' fiis:' medical findings for the information of the 
immigration officer. 
SEC. 68. Arrival Notice Requirements of Vessel. - The immigration 
authorities shall be furnished with an advance notice of the arrival of any civilian 
vessel at or nearest such place of first landing before such vessel comes into any 
24 


_
area in the Philippines from any place outside thereof. If dependable facilities for 
giving such notice are not available before departure from the port of origin, any 
communication equipment or device in the vessel shall be used in giving advance 
notice of vessel's arrival, otherwis~ a landing shall be made at a place where the 
communication facilities exist. Such advance notice shall not be required in the 
case of vessels with scheduled arrivals filed with the immigration officer in charge 
at the international port of entry. If, upon arrival in any area other than the 
designated port and there is no available immigration officer therein, the master, 
pilot, captain, agent or consignee shall not allow the passengers and crew 
members to disembark or leave the primary inspection area until the immigration 
officer shall have conducted the primary inspection formalities. 
SEC. 69. Contents of Notice of Arrival. - The advance notice of arrival 
required in the preceding section shall specify the following: 
(a) Type of vessel and registration marks; 
(b) Visaed crewlist; 
(c) 
Passenger manifest; 
(d) 
Port of last departure; 
(e) 
International port of intended destination, or other place authorized by 
the Director General; 
: . i ul ,I. l .. ., ~ liL .. :. 
(f) 
Estimated time of arrival; and 
(g) Authorized agent or representative at the place of arrival. 
Chapter 3 - Foreign Crewmember 
SEC. 70. Conditional Permit to Disembark. - A foreign crewmember of a 
vessel under Section 30, paragraph (c) of this Act, may be granted a conditional 
permit, in a form prescribed by regulations, to disembark temporarily from the 
vessel on which he arrived while such vessel remains in port under terms. and 
conditions as may be prescribed by the Director General. 
SEC. 71. Confiscation and Cancellation of Permit; Removal from the 
Philippines. - Upon the determination that the foreigner is not a bona fide 
crewmember or does not intend to depart on the vessel that brought him, the 
Director General shall cancel and cOllfiscate the conditional permit already issued, 
take such foreigner into custody, and require the owner, operator, captain, master, 
pilot, agent or consignee of the vessel on which the foreigner arrived to receive 
and detain him on board. The expenses for his removal, including the cost of 
detention and other expenses incidental thereto, shall be borne by the owner, 
operator, captain, master, pil6t;"agerifor consignee of such vessel. 
SEC. 72. Liability for Overstaying Foreign Crewmen. - A foreign 
crewmember who remains in the Philippines in excess of the period allowed in the 
conditional permit Issued to him s,hall be solidarity liable with owner, operator, 
25 


captain. master. pilot. agent or consignee of the vessel to pay, the penalties 
prescribed in Section 124 of this Act. 
SEC. 73. Liability fon Unauthorized Pay-off or Discharge Foreign 
Crewmen. - It shall be unlawful for any person. including the owner. operator. 
captain. master. pilot. agent or consignee of any vessel to pay-off or discharge 
any. 'foreign crewman employed 00 board a vessel arriving in the Philippines and 
whilst in port. without first optaining the permission of the Director General. 
otherwise. such person or owner. operator. captain. master. pilot. agent or 
consignee of the vessel shall pay the Authority such fine as may be prescribed in 
Title VI. Chapter 7 of this Act. No such vessel shall be granted clearance from any 
port in the Philippines while such fine remains unpaid or while the validity thereof 
is being determined: Provided, That clearance may be granted prior to such 
determination upon deposit of a sum or cash bond sufficient to cover such fine as 
approved by the Director General. ' 
SEC. 74. Duty to Report Desertion or I/Iegal Landing of Foreign 
Crewmen. -The owner. operator. captain, master, pilot. agent or consignee of any 
vessel shall immediately report. in writing. to the immigration officer all cases of 
desertion or illegal disembarkation in the Philippines from the vessel. together with 
a description of such foreigner and any information that shall result in his 
apprehension. 
SEC. 75. Requiremfmt to!:_,~u,bmission of List of Newly Employed, 
Discharged and Illegally Landed. - Prior to the departure of any vessel from the 
last port in the Philippines destined to any place outside thereof. the owner. 
operator. captain. master. pilot. agent or consignee thereof shall deliver to the 
immigration officer at that port a list containing: (a) the names of foreign crewmen 
who were not employed thereon at the time of the vessel's arrival on such port but 
will depart thereat on the same vessel; (b) the names of those. if any. who have 
been paid off or discharged; and (c) those who have deserted or illegally landed at 
that port. if any. the Director General may require said list to contain additional 
information as he deems necessary. 
SEC. 76. Liability for Failure to Submit Complete, True and Correct 
Report. - In case the owner. agent. consignee. or captain fails to submit a true 
and complete lists or report of foreigners. or to report cases of desertion or illegal 
landing as required by Sections 75 and 76 of this Act. such owner. agent. 
consignee. or captain shall pay to the Authority such sum as may be prescribed in 
Title VI. Chapter 7 hereof. No such vessel. Shall be granted clearance from any 
port in the Philippines while such fine remains unpaid or white the validity thereof 
is being determined: Provided, That clearance may be granted prior to such 
determination upon deposit of a sum or cash bond sufficient to cover such fine as 
approved by the Director General. 
-Chapter 4 - Exclusions 
SEC. 77. Exclusion Grounds. - The following classes of foreign nationals 
shall not be allowed entry and sha,1I be excluded from the Philippines: 
(a) Health Related Grounds' 
26 


1. 
Those who are: found to be suffering from a communicable, 
dangerous or contagious disease; . 
2. 
Those who are found to be suffering from mental disorder or 
associated behavior that may pose threat to persons or danger 
to property; 
3. 
Those who are found to be suffering from addiction to 
prohibited orregulated substance; 
(b) Economic Grounds 
1. 
Those likely to become a public charge; 
2. 
Those seeking;entry for the purpose of performing skilled or 
unskilled labor, ,without the certification of the Secretary of the 
Department of Labor and Employment as required by law; 
(c) Moral Grounds 
1. 
Those coming to the Philippines to practice polygamy or who 
advocates the practice of polygamy unless his religion allows 
such practices; 
2. 
Those who are pedophiles, sexual perverts or those coming to 
the Philippines for,ilil1lil1oral 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 authority; 
(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 
controlled, regulated or prohibited substance, or who attempt or 
conspire to commit the crime; 
3. 
Those thartne'"Ph,lippine government knows or has reason to 
believe is a trafficker in any controlled, regulated or prohibited 
substance or knows or has reason to believe is or has been a 
knowing assister, abettor, conspirator or colluder with others in 
the illicit trafficking in any controlled, regulated or prohibited 
substance;, 
27 


4. 
Those coming to the Philippines to engage in any other 
unlawful commercialized vice; 
5. 
Those who are fugitives from justice; 
6. 
Those who seek to enter the Philippines to engage in; 
, 
a. 
Espionage or sabotage, or a violation or evasion of any 
laws prohibiting export of goods, technology or sensitive 
information; . 
b. 
Any activity aimed to promote membership in an 
organization of syndicated criminal activities; 
c. 
Any activity, the purpose of which is to overthrow the 
Philippine government by force, violence or other 
unlawful means; and 
d. 
Any other unlawful activity. 
7. 
Those who are engaged or believed to be engaged or likely to 
engage in, aid, abet or finance any terrorist activity and 
members or representatives of a foreign terrorist organization; 
8. 
Those who have been identified by competent authorities, local 
or foreign, as having engaged or are engaging in human 
trafficking and ~~rnuggling; 
9. 
Those who under fifteen years of age, unaccompanied by or not 
coming to a parent, except that they may be admitted in the 
discretion of the Director General, if otherwise admissible; and 
10. Those who have been identified by competent authorities, local 
and foreign, as. having engaged or are engaging in importation 
of contrabands and other prohibited articles into the country. 
SEC. 78. Temporary Detention of Excludable Foreigners. - For the 
purpose of ascertaining whether a foreigner arriving in the Philippines belongs to 
any of the excludable classes of foreigner provided in this Act or related laws, the 
immigration officer may temporarily detain for investigation such foreigner, either 
on board the vessel or at a place deSignated for the purpose at the expense of the 
master, captain, agent owner or consignee of the carrying vessel. 
SEC. 79. Finality of Exclusion Order. - An order by the immigration officer 
to exclude a foreign national who is excludable under Section 75 hereof is final 
and executor unless revoked by the Director General upon a timely appeal prior to 
the implementation of the exclusion order. 
SEC. 80. Authority to Waive Grounds for Exclusion. - Except for grounds 
of exclusion under Section 78, paragraph D, subparagraphs 1 to 8 and 
subparagraph 10, the Director General may waive any of the grounds for exclusion 
mentioned thereof. 
28 


SEC. 81. Procedure of Removal and Cost Thereof. -Any foreign national 
arriving in the Philippines who is ordereli excluded shall be immediately removed, 
in the same accommodation to the country where he boarded the. Vessel on 
which he arrived, unless the Director General determines that immediate removal 
is not proper and practicable. The cost of detention and other expenses incident 
thereto shall be borne by the owner, operator, master, pilot, captain, agent or 
consignee of the vessel in which he arrived. 
, 
SEC. 82. Country Where Removal is to be Directed. - If the government 
of the country deSignated in the preceding section will not accept the foreign 
national into its territory, his removal shall be directed by the Director General, in 
his discretion and without necessarily giving or preference, either to: 
(a) The country which he is a citizen or national; 
(b) 
The country of birth; 
(c) 
The country of his habitual residence; or 
(d) 
The country willing to accept the foreign national into its territory, if 
removal to any of the foregoing country is impractical or impossible. 
SEC. 83. Obligation of Captain or Transport Operator. - It shall be 
unlawful for an owner, operator, master, captain, pilot, agent, or consignee of a 
vessel to refuse or fail to: 
.. "llu ,., .. , II: , 
(a) board a foreigner ordered excluded and removed under Section 78 
hereof in the same vessel or another vessel owned or operated by the 
same company; 
(b) 
detain a foreign national on board any such vessel at the port of 
arrival when required by this Act or when so ordered by a immigration 
officer; 
.. 
(c) 
deliver a foreign national for medical or other examination when so 
ordered by such officer; 
(d) 
remove a foreign national from the Philippines to the country to which 
his removal has been directed; or 
(e) 
pay the cost of detention and other expenses incidental thereto of a 
foreign national incurred while being detained as required by Section 
79 of this Act or other costs necessary or incident to his removal as 
provided in subse9uent sections of this Act. 
SEC. 84. Penalty for Non-compliance of Obligation. - The owner, 
operator, master, captain, p,ilpt,.,~QEl,nt, or consignee of a vessel who violated 
Section 84 hereof shall pay the fine imposed in Title VI, Chapter 7 of this Act. No 
such vessel shall be granted clearance from· any port in the Philipp·ines while such 
fine remains unpaid or while the validity thereof is being determined: Provided, 
That clearance may be granted prior to such determination upon deposit of a sum 
or cash bond sufficient to cover such fine as approved by the Director General. 
29 


TITLE V 
REMOVAL 
Chapter 1 - Removable Foreign Nationals 
SEC. 85. Classes of Fore;gners Subject of Removal. - The following 
foreigners shall be arrested upon the order of the Director General and removed 
after hearing and recommendationl:;ly the Board of Special Inquiry and approval by 
the Board of Directors General: . 
(a) Those who entered the Philippines by means of false and misleading 
statements or documents, misrepresentations, or without inspection 
and admission by the immigration authorities; 
(b) 
Those who entered the Philippines who were not lawfully admissible 
at the time of entry; 
(c) 
Those who engage, abet or aid in the practice prostitution including 
the owner, manager or inmates of a house of prostitution or are 
procurers, pedophiles, Or sexual perverts; 
(d) Those who, at any time after the date of entry, have become a public 
charge; 
(e) 
Those who remain in the Philippines in violation of any period of 
limitation or condition under which they were admitted; 
1.1 U,~I,,L.~j, jlJ 
(f) 
Those who believe in, advise, advocate or teach the overthrow by 
force and violence of ~he government of the Republic of the 
Philippines, or duly constituted authority, or who do not believe in or 
are opposed to organized :government, or those who advise, advocate, 
or teach the assault or assassination of public officials because of their 
office, or who advise, advocate, or teach the unlawful destruction of 
property, or who are me(Tlbers of or affiliated with any organization 
entertaining, advocating or teaching such doctrines or who in any 
manner whatsoever lend assistance, financial or otherwise, to the 
dissemination of such doctrines; 
(g) 
Those who at any time after entry engage in, abet, aid or finance 
terrorist activity; 
(h) 
Those who commit any violations of the prOVisions of this Act, 
independent of any criminal action which may be brought against 
them; Provided, however, That in the case of a foreigner who for any 
reason is convicted and sentenced to suffer both imprisonment· and 
removal, said foreigner 'shall first serve the entire period of his 
sentence before being i removed; 
Provided, further, 
That the 
imprisonment may be waived by the President, and upon payment by 
the foreigner concerned of such costs, fines and/or damages suffered 
by the government or any aggrieved party; 
","" •• ">' ,.'" ,., 
OJ'-~ 
(i) 
Those who, at any time after entry, are engaged in acts or omissioris 
punishable under·· Philippine penal laws cognizable by the Regional 
Trial Court; 
30 


0) 
Those who, at any time after entry, are convicted by final judgment of 
a crime punishable under Philippine penal laws cognizable by the 
Municipal Trial Court; 
(k) 
Those who are guilty of any offense penalized under the naturalization 
laws of the Philippines or any law relating to the acquisition of 
Philippine citizenship; 
(I) 
Those who defraud their creditors by absconding or alienating 
properties to prevent their attachment or execution; 
(m) Those who were admitted as non-immigrants and who obtained an 
adjustment of their admission status for convenience, or through fraud, 
falsification of documents, misrepresentations, or concealment of 
material facts; 
(n) 
Those who violated Philippine labor and taxation laws, rules and 
regulations; 
(0) 
Those who, upon prior investigation and hearing, are found to be 
undesirable and whose further stay in the Philippines is inimical to 
public welfare and interest, or the dignity of the Filipinos, or the 
Republic of the Philippines as a sovereign nation; 
(p) 
Those who forge, counterfeit, alter, or falsely make any document; or 
use, attempt to use, possess, obtain, accept, or receive or provide any 
forged, counterfE;li\u FlI~E!re,q., or falsely made document; or use or 
attempt to use or provide or attempt to provide other than the 
possessor (including a deceased individual); or accept or receive or 
provide any document lawfully issued to a person other than th'e 
possessor (including i a deceased individual) for' the' purpose of 
satisfying or complying with the requirements for his stay in the 
Philippines; and 
(q) 
Those whose presence or activities in, the country may result in 
adverse consequences, to Philippine foreign policy as determined by 
the Secretary of the Department of Foreign Affairs. 
SEC. 86. Rules on Prescription in Removal Cases. - The right of the 
State to initiate at any time removal proceedings for causes mentioned in 
paragraphs (a), (b), (c), (d), (e), (t), (g), (h), (m), (n) and (0) of Section 86 of this 
Act, shall not prescribe: Provided, That no removal proceedings may be initiated 
under any other paragraphs of the aforesaid Section 86, unless the apprehension 
in the removal proceedings is made within (5) years after the cause for removal 
arises. Removal for causes mentioned in paragraphs (a), (c), (g), (i), (I), (0) and (q) 
of the same section shall not be effective, unless the court when sentencing the 
foreigner recommends otherwise. 
Chapter 2 - Detention'antl Removal of Foreign Nationals 
SEC. 87. Issuance of Summons. - If the Director General determines that 
there exists a reasonable ground to remove a foreigner pursuant to Section 86 of 
this Act, he may issue summons requiring the foreigner to appear in person before 
the designated investigating officer at the time, date, and place stated therein. 
31 
----


SEC. 88. Authority to Issue Letter Order. -The Director General may 
issue a letter order if he determines that a probable cause exists for the filing of 
removal charges against a foreigner for violation of the immigration and other 
related laws, rules and regulations or there is a strong probability that a removable 
foreigner may flee from his place of abode, go into hiding or surreptitiously leave 
the country. 
. 
SEC. 89. Formal Charge of Removal. -A forinal charge for removal shall 
be issued upon determination of tl1e existence of a prima facie case against the 
foreigner. Pending final determination of his removal case, the foreigner shall, 
upon the discretion of the Director General: (a) remain under detention; or (b) be 
released on bail or recognizance. The bail may be revoked and confiscated in 
favor of the government .if there is sufficient evidence that the foreigner is evading 
the proceedings or is attempting to abscond, in which case, he shall be taken into 
custody and detained under the same letter order. 
SEC. 90. Detention of Foreigner Convicted of a Felony or an Offense. -
After service of his sentence or compliance with the conditions of his parole or 
probation, as the case may be, the foreigner shall be taken into custody and, 
placed under detention by order of the Director General. Pending final 
determination of his removal case, he may be ordered released under such terms 
and conditions prescribed by the Director General. 
SEC. 91. Voluntary 8f1,qJ9I(al,i,.lI'Ihen Authorized. - In case the foreigner 
does not contest the formal charge and opts to voluntarily leave the country at his 
own expense, the Board may waive the removal proceedings and order his 
departure within the period speCified therein: Provided, That said foreigner shall be 
barred from re-entering the county without prior written authorization from the 
Director General. 
SEC. 92. Contents of a Writ of Removal. - The writ of removal shall be in 
the prescribed form and shall state the grounds therefor, the specific place where 
the foreigner is to be removed and the period within which to execute such order. 
SEC. 93. Period to Enforce Writ of Removal. - The writ of removal shall 
be enforced immediately, but in no case shall exceed the period of three (3) 
months, from the date it has become final and executory. If removal is not 
enforced within the prescribed period for reasons beyond the control of the 
Authority, the foreigner shall remain in custody. 
SEC. 94. Suspension ~f Writ of Removal. - Upon application and payment 
of prescribed fees, the Director General may suspend the enforcement of the writ 
of removal of a foreigner and order his release for good cause taking into account 
the following factors: 
·• .... ·"· .. "'1' .. ,,', 
(a) Age, health, family or conduct; 
(b) 
Period of detention; 
(c) 
Impact on national sequrity and public welfare; 
.. 
32 


(d) 
Unavailability of travel documents; 
(e) 
Existence of an application for refugee status; 
(f) 
Other humanitarian considerations. 
SEC. 95. Reinstatement of the Writ of Removal. - A Writ of Removal 
previously enforced against a foreigner who unlawfully re-entered the Philippines 
shall be deemed reinstated' and • shall be re-enforced in accordance with the 
provisions of this Act. This provision shall apply to a foreigner who departed 
voluntarily under Section 92 hereof. 
SEC. 96. Country of Destination of a Person Subject of Removal. -
Except as provided for under existing treaty or international agreement, the 
foreigner shall be removed to the country of which he is a citizen or national, or to 
the country of his birth, or to the country of which he is a resident, or to the country 
from which he embarked for the Philippines, subject to the acceptance by the 
receiving country. 
SEC. 97. Existence of Danger in Country Where Foreigner is to be 
Removed. - No foreigner shall be removed to a country where there exists a 
danger to his life or freedom on account of race", religion, nationality, political 
opinion, or membership in a particular political or social group, except in the 
following circumstances: 
' 
' 
I ' I 
~ dj u:, ~,,,~." Lj J,+,.~ 
(a) 
The foreigner partiCipated, induced, or cooperated in the persecution 
of any person on account of race, religion, nationality, political opinion, 
or membership in a pa'rticular political or social group in the country 
where he is to be removed; , 
(b) 
The foreigner is a fugitive from justice in the country where he is to be 
removed; 
(c) 
The foreigner committed a serious non-political crime in the country 
where he is to be removed: or 
(d) 
The foreigner is an undesirable and/or a danger to the national 
security of the Philippines. 
' 
SEC. 98. Cost of Removal. -The cost of removal shall be shouldered by the 
vessel in the case of its foreign crewmember who is to be removed for violation of 
Section 69 of this Act. In all other cases, the cost of removal shall be borne by the 
person subject of removal himself, the concerned consular office, non-government 
organizations or people's organization with which the Authority has an agreement 
on this matter, or from the appropriations for the enforcement of this Act. 
""-",, '".",''' ", . 
SEC. 99. Liability of Vessel. - Failure or refusal on the part of the owner, 
operator, captain, agent, or consignee of a vessel to take on board, guard safely, 
and transport the person subject of removal to his country of destination, or to 
shoulder the cost of removal of the foreign crewmember as provided in Section 
101 hereof, shall be punished by ,an administrative penalty prescribed in Title VI, 
Chapter 7 of this Act. 
' 
33 


SEC. 100. Expenses of the .Accompanying Person. - The Director 
General may, by reason of the mental or physical condition of the person subject 
of removal, direct an employee of the Authority to accompany such person subject 
of removal to the country of I'lis destination, subject to provisions of the 
immediately preceding sections. 
. 
Chapte,3c Indigent Foreigners 
SEC. 101. Removal of Indigent Foreigners. - At any time after entry, the 
Director General may remove indigent foreigners from the Philippines to the 
country, of which they are citizens or nationals, or country of birth, or country of 
residence, as the case may be. The cost of such removal shall be charged against 
the available funds of the Authority. Any foreigner removed under this section shall 
be barred re-admission, except upon written authorization of the Director General. 
TITLE VI 
MISCELLANEOUS PROVISIONS 
Chapter 1 -Registration of Foreign Nationals 
SEC. 102. Requirement of Registration. - Temporary foreign visitors must 
register with the Authority or Office of the Regional Immigration Officer or 
Provincial Immigration Officer nearest to his place of residence, on or before the 
sixtieth (60th) day from arriva.l:ioitH~.P.ll\Iippines. 
SEC. 103. Registration Form and Oath. - Application for registration shall 
be under oath and in such form as prescribed by the Authority. Upon registration, 
a certificate of registration in such form and containing such particulars as 
prescribed by the Authority shall. be issued to the registrant. In case of los.s or 
destruction of the certificate, a· replacement thereof shall be issued by the 
Authority, upon application. 
SEC. 104. Amendment of Registration. - A registered foreign national 
shall notify the Authority in writing of any change of information in his registration 
documents not later than seven (7) days thereof. 
SEC. 105. Presentation of Certificate of Registration. - Every foreigner 
required to register under this Act or the parent or guardian of such foreigner shall, 
upon demand of any authorized immigration official, present his certificate of 
registration, and failure to do so without justifiable cause shall be dealt with in 
accordance with the provisions of this Act. 
SEC. 106. Reportorial Requirement. - Every foreigner registered under 
this Act shall, within the fifSfsixty"(60) days of every calendar year, report in 
person to the Authority, subject to the payment of annual report fee as prescribed 
by the Authority. The parent or legal guardian of foreigners below fourteen (14) 
years of age shall have the duty to comply with the requirements prescribed under 
this Act. 
34 


SEC. 107. Failure to Comply with the Requirements. -A foreigner, or his 
parent or guardian, as the case may be, who, without justifiable reason, fails to 
comply with all the requirements under this Act, or who files an application for 
registration containing statements known by him to be false, or who utilizes 
registration documents other than his own, shall be dealt with in accordance with 
the provisions this Act and other existing laws. 
SEC. 108. Cancellation of Registration of Foreign National. - In case of 
death of a foreigner registered under the provisions of this Act, his legal heir, 
representative or administrator must inform the Authority within sixty (60) days 
from date of death and the Authority shli\1I cancel such registration. The Local Civil 
Registrar or other civil registry officer of the locality where said foreigner died shall 
furnish the Authority with a copy of the Certificate of Death within thirty (30) days 
from issuance thereof. Failure on the part of the persons concerned to comply with 
the requirements of this section shall be dealt with pursuant to the provisions of 
this Act. 
. 
Chapter 2 - Head Tax 
SEC. 109. Head Tax. - Every foreign national who is at least fourteen (14) 
years of age and admitted to the Philippines for a temporary stay exceeding sixty 
(60) days shall pay a head tax in amount the of Five Hundred Pesos (PhP 500.00). 
I 
,111,1 ui kl I ... " J. J,i,. 
Chapter 3 - Bonds and Deposits 
SEC. 110. Bonds, When Exacted. - The Authority shall have the power to 
exact cash bond in such amounts and under such conditions as it may prescribe: 
(a) 
To control and regulate the admission into, and departure from, the 
Philippines of foreigners applying for temporary admission; 
(b) 
To insure against foreign passengers liable to be excluded as likely to 
become public charges; and 
(c) 
To insure the appearance of foreigners released from custody during 
the course of removal proceedings instituted against them. 
SEC. 111. Requirement of Cash Deposits for Overtime Services. - The 
Authority shall likewise have the pow~r to require cash deposits in such amounts 
as may be necessary from vessel's owners, operators, captains, agents, or 
consignees or other persons served t6 cover payments for overtime services to be 
performed by officers and employees of the Authority. 
SEC. 112. Cancellation' anci Forfeiture of Bonds. - When the conditions of 
the bond are fulfilled, or in case 'of a bond posted to insure against a foreigner 
becoming a public charge when the Director General decides that the likelihood no 
longer exists, or naturalization as Philippine citizen, or death of the foreigner in 
whose behalf the ~ond is posted, the bond shall be cancelled and refunded to the 
depositor or his legal representative. In case of violation of the conditions of the 
bond, the same shall be forfeited and deposited in a trust fund account which may 
35 


be utilized for the purchase of tickets of indigent person subject of removal and to 
cover the costs of operations in the arrest of the person subject of removal who 
jumps bail. 
Chapter 4 - Recognizance 
SEC. 113. Petitions, ,for Recognizance, Sanction for Breach of 
Conditions. - The Director General may order the release of a foreigner upon 
recognizance of his lawyer or a person who is of good standing in the community, 
under such terms and conditions as he may prescribe. Failure to comply with the 
terms and conditions of the recognizance shall subject said lawyer' or person to a 
fine of not less than Fifty Thousand (P50,OOO.OO) pesos but not more than One 
Hundred Thousand pesos (P100,000.00), without prejudice to other administrative 
sanctions and/or proceedings against the erring party. 
Chapter 5 -Coordination With Law Enforcement, 
Security and Other Offices 
SEC. 114. Coordination With Law Enforcement, Security and Other 
Offices. - The Director General shall have authority to maintain direct and 
effective coordination with the National Security Council, National Intelligence 
Coordinating Agency, Philippine National Police, National Authority of Investigation 
and other law enforcement anQ :security offices of the government. The Director 
General shall maintain direct and effective coordination with the Office of Consular 
Affairs of the Department of Fo~eign Affairs for the purpose of monitoring the 
implementation and administration of this Act and all other immigration and 
citizenship laws. 
Chapter 6 -Fees and Charges 
SEC. 115. Authority of the Director General to Prescribe, Impose and 
Col/ect Fees and Charges. - The Director General is authorized to prescribe, 
impose and collect fees and charges for services rendered pursuant to the 
provisions of this Act, which shall take effect fifteen (15) days after the last 
publication thereof for two (2) consecutive weeks in a newspaper of general 
circulation. 
' 
Chapter 7 - Administrative Fines Against Vessels 
SEC. 116. Fines for Failure to Submit Crew List or Passenger Manifest, 
or Failure to Account Every Passenger and Crew. - Any pilot, master, agent, 
owner or consignee of a vessel arriving at any port in the Philippines from a place 
outside thereof who fails to"suomit fo'the immigration authorities ~ complete and 
accurate crew list or passenger manifest, or fails to produce or account every 
crewmember or passenger whose name appears in said list or manifest shall be 
subject to fines of One Hundred Thousand pesos (Pi 00,000.00) and Fifty 
Thousand pesos (P50,000.00) for each unaccounted person, respectively. 
36 


SEC. 117. Fine for Violation of Obligation on the Landing or Removal 
of Foreigners. -A pilot, master, agent, owner or consignee of any vessel arriving 
at a port of the Philippines from a· place outside thereof who violates Sections 81 
and 96 of this Act shall be fined not less than Fifty Thousand pesos (P50,OOO.00) 
but not more than Two Hundred Thousand pesos (P 200,000.00) for each 
violation. 
SEC. 118. Fine for Bringing Undocumented Foreigner, or Foreigner 
Afflicted with Communicable or Contagious Disease, or Suffering from 
Mental Disorder. " The pilot, master, agent, owner or consignee of the vessel 
arriving at a port in the Philippines from a place outside thereof bringing on board 
an undocumented -foreigner shall be fined One Hundred Thousand pesos 
(P100,OOO.00) for each foreigner. If the foreigner is afflicted with a communicable 
or contagious disease or is suffering from mental disorder, the fine shall be not 
less than Two Hundred Thousan~pesos (P200,OOO.00) but not more than Three 
Hundred Thousand pesos (P 300,000.00) for each foreigner. 
SEC. 119. Fine for Bringing a Foreigner to Assist His II/egal Entry or 
Misrepresenting a Foreigner as a Member of the Crew. -The pilot, master, 
agent, owner or consignee of the vessel arriving at any port in the Philippines from 
a place outside thereof bringing on board a foreigner bound for the Philippines to 
assist his illegal entry, or misrepresenting the foreigner to the immigration officer at 
the port of arrival as a bona fide member of the crew, shall be fined not less than 
One Hundred Thousand pesos (P100,OOO.OO) not more than Two Hundred 
, 
'I 
Thousand pesos (P 200,OOO.(i),lil)fofc.each.foreigner. 
SEC. 120. Fine for Violation of Other Provisions of this Act. - The pilot, 
master, agent, owner or consignee of any vessel arriving at any port of the 
Philippines from a place outside thereof who violates any other provision of this 
Act not specifically provided in this Chapter shall be fined not less than Fifty 
Thousand pesos (P50,OOO.OO) but not more than Two 7 Hundred Thousand pesos 
(P 200,OOO.OO)for each violation. 
Chapter 8 ~Other Penal Provisions 
SEC. 121. Other Prohibited Acts and Penalties Thereof. - Any person 
who shall commit any of the acts specified hereunder shall, upon conviction, suffer 
the penalty of prision correccional in its maximum period to prision mayor in its 
minimum period or a fine of not less than One Hundred Thousand pesos 
(PhP100,OOO.OO) 
but 
not 
more 
than 
Five 
Hundred 
Thousand 
pesos 
(PhP500,OOO.OO) or both, at the discretion of the court: 
(a) 
Impersonates another individual, or falsely appears in the name of a 
deceased individual, or evades the immigration laws by using an 
assumed or fictitious name when applying for an immigration 
document; 
(b) 
Issues or otherwise disposes of an immigration document or an 
immigration accountable form, to any person not authorized by law to 
receive such documents; 
37 


, 
' 
(c) 
Obtains, manufactures, prints, accepts or uses any immigration or 
travel document knowing it to be false or uses immigration 
accountable form that is not legally issued; 
(d) 
Enters the Philippines without inspection and admission by the 
immigration authorities, or obtains entry into the Philippines by fraud, 
misrepresentation, or concealment of material facts; 
(e) 
Represents himself to be a Philippine citizen; 
(f) 
Knowingly makes under oath any false statement regarding any 
immigration matter; or . 
(g) 
Brings into, or lands in the Philippines, or conceals, harbors, employs, 
or gives comfort to any person not duly admitted by any immigration 
officer or not lawfully entitled to enter into or resides within the 
Philippines, or attempts, conspires with, or aids another to commit any 
such acts. Where the offender of any acts specified in paragraph (9) 
hereof is a corporation, company, partnership or other juridical entity, 
the president, general manager, managing partner, or chief executive 
officer thereof shall be held liable. Dismissal by the employer before or 
after apprehension shall not relieve the employer of the offense. If the 
offender who commits any of the acts specified under paragraph (9) 
hereof of this section is the pilot, master, agent, owner, consignee, or 
other person in charge of the vessel which brought the alien into the 
Philippines from any place outside thereof, the fine imposed under the 
first paragraph herePt;,shlijl,constitute a lien against the vessel which 
may be enforced in the same manner as fines are collected and 
enforced under existing laws. Such vessel shall not be allowed to 
depart without prior clearance issued by the Authority. Where forfeiture 
is justified under the particular circumstances of the case, the forfeiture 
of the vessel in favor of the government in lieu of the fine shall be 
decreed. Conviction by final judgment of any offense punishable under 
this Act or other laws arising therefrom shall result in the automatic 
revocation or cancellation of any immigration issued to the offender, 
including that of his wife and unmarried children, if applicable. 
SEC. 122. Penalty for Non-compliance of a Subpoena. - Any person 
who, having been duly served with a subpoena or subpoena duces tecum, fails to 
comply without valid and justifiable reason with the requirements thereof shall, 
upon conviction, suffer the penalty of imprisonment of not more than fifteen (15) 
days or a fine of not more than One Thousand pesos (P1,000.00), or both, at the 
discretion of the court. 
SEC. 123. Penalty for Overstaying Crewmen. - Any foreign crewman who 
willfully remains in the Philippines beyond the period allowed him for temporary 
landing shall upon conviction, suffer the penalty of imprisonment of six (6) months 
or fine of not less than Fifty Thousand pesos (P50,OOO.OO) but not more than One 
Hundred Thousand pesos (PT()();bot):OO), or both, at the discretion of the court. 
38 


Chapter 9 - Funding 
SEC. 124. Funding. - In addition to its annual budget under the General 
Appropriations Act, the Authority is hereby authorized to retain and use thirty 
percent (30%) of its income derived from collection of immigration fees, fines. 
penalties and charges for maintenance and other operating expenses, intelligence 
and law enforcement, information and communication technology infrastructure, 
and transportation facilities. The Authority is likewise hereby authorized to retain 
and use its income in excess of the prescribed collection target. 
Chapter 10 -Transitory Provisions 
SEC. 125. Staffing Pattern and Salary Schedule. - To carry out the 
provisions of this Act, the Director General will recommend to the Secretary a new 
staffing pattern and salary schedule for personnel services in accordance with the 
Salary Standardization Law and other applicable laws under the National 
Compensation and Classification Plan, for approval by Secretary of the 
Department of Budget and Management. 
SEC. 126. Reorganization of the Authority. - Upon approval of this Act, 
all employees of Bureau of Immigration covered by the civil service law and 
regulations shall continue .to hold their present positions pending the 
reorganization of the AuthoritY', In. accordance with the new staffing pattern: 
Provided, That in the event that the positions are abolished in accordance with the 
reorganization, the affected employees shall be given first priority in the 
appointment or promotion to the newly created positions to which they may qualify: 
Provided further, that no incumbent qualified employee of the Bureau of 
Immigration shall be unjustly sep",rated from service: Provided furthermore, that 
any qualified employee who cannot be absorbed by the Authority shall be entitled 
to, a separation pay equivalent to .two (2) months salary for every year of service 
and other benefits under existing retirement laws. at the option of the personnel 
concerned: Provided final/y, that employees who have been dismissed for cause 
will no longer qualify for any position in the Authority. 
SEC. 127. Inventory and ·Transfer of Properties to the Authority. - All 
buildings, equipment, facilities, records, and other properties of the Bureau of 
Immigration as· reorganized under this Act shall be properly inventoried and 
transferred to the Authority. 
SEC. 128. Treaty or Agreement. - Any treaty or agreement entered into 
between the Philippines and any forei!;ln state before the. effectivity of this Act shall 
remain in force and effect. 
SEC. 129. Pending Cases.·:That nothing contained in this Act shall be 
construed to affect any prosecution, suit, action, or proceeding brought, or any act, 
thing, or matter, civil or criminal. done or existing at the time of the effectivity of this 
Act are continued in force and effect: Provided, further, That as to such 
prosecutions, suits, actions, or proceedings, or as to such acts, things, or matters, 
the procedure provided for by this Act or by regUlations prescribed there under 
shall be followed insofar as the same may be applicable. 
39 


SEC. 130. Implementing Rules and Regulations. - The Board, subject to 
the approval by the Secretary, shall promulgate the rules and regulations for the 
effective implementation of this Act within ninety (90) days from its effectivity. 
Chapter 11 - Repealing Clause 
SEC. 131. Repealing Clause. - Commonwealth Act No. 613, otherwise 
known as the Philippine Immigration Act of 1940, as amended, is hereby repealed. 
Section 70 of Act No. 279, otherwise known as the Revised Administrative Code, 
Republic Act No. 750, Letter of Implementation No. 20, and all other laws, 
presidential decrees, executive orders, proclamations, 
memorandum orders, 
instructions, rules and regulations, or parts thereof, inconsistent with this Act or 
any of the provisions thereof are hereby repealed, superseded, or modified 
accordingly. 
Chapter 12 -Separability Clause 
SEC. 132. Separability Clause. - If any of the provisions of this Act is held 
invalid or unconstitutional by competent authority, the other provisions thereof not 
affected thereby shall continue to be in force and effect. 
Chl!tptflc i13iJ;ifEffectivlty Clause 
SEC. 133. Effectivity Clause. - This Act shall take effect after fifteen (15) 
days following its complete publication in at least two (2) newspapers of general 
circulation. 
Approved, 
., ... ", ... , 
"l" 
"~r""'''''' 
40