$e
HOUSE YF REPRESENTATIVES

RECEIVED
Republic of the Phi O7 WL 2919
HOUSE OF REPRESENTATIVE: ieee
Quezon City, Metro Manila iat
BY

Seventeenth Congress
First Regular Session

REGISTRATION UNIT
BILLS AND INDEX SERVICE

Oe
HOUSE BILL NO. 1305

Introduced by Honorable Leopoldo N. Bataoil

EXPLANATORY

ITE,

The Bureau of Immigration was created by the enactment of the Philippine

immi tion Act of 1940 (Commonwealth Act No. 613). A year or so later, it

became an attached agency of the Department of Justice (DOJ). Due to the

ion of martial law on September 21, 1972 by then President Ferdinand E.
the Commission on Reorganization issued Letter of Implementation No.
20 renaming of the office from the Bureau of Immigration to Commission on
Immigration and Deportation, This became a collegial body and performing both
administrative and quasi-judicial functions.

dee
Marco:

Sometime on July 25, 1987, President Corazon C. Aquino signed Executive
order No, 292, (The Administrative Code of 1987) renaming the office to “Bureau
of Immigration.” It continues, however, to perform all the powers and functions it
had while still a commission, and its head of office still remains to be called
commissioner as provided under DOS

Despite the several amendments and reorganization made on the Bureau,
there is still an urgent need to amend or revise Commonwealth Act No. 613 to
enable the Bureau to be responsive to the present time and for a wider scope of
functions and jurisdictions.


This bill will reorganize the whole Bureau of Immigration. It will constitute
the Bureau into a Commission on Immigration who shall be responsible for the
administration, enforcement and implementation of all laws, rules, regulations or
orders of any component authority concerning the entry and admission into, stay
in, and the departure from the country of all persons.

The bill provides for the creation of the Commission on Immigration, the
composition of the Commission, their powers and functions and also clearly define
the duties and responsibilities of all the divisions of the Commission. The
Commission is a quasi-judicial body and has a wider scope of jurisdiction. There
will also be constituted a Board of Special Inquiry (BSL) who shall decide on all
cases such as deportation, revocation of immigrant status, recognition of Philippine
citizenship, legalization of residence and issuance of visa for stateless person; and
also issue subpoena in cases filed before the Board.

Lastly, the bill provides for the authority of the Commissioner to prescribe.
and collect {ees and charges and a much stiffer penalty for violators of this



Republic of the Philippines
HOUSE OF REPRESENTATIV}
Quezon City

SEVENTEENTH CONGRESS

First Regular Session

HOUSE BILL NO.

1305

Introduced by Representatives Leopoldo N. Bataoil

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

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assenibled:
TITLEL
GENERAL PROVISIONS
SECTION 1. Short Title. — this Act shall be known as the "Philippine

Immigration and Registration of Foreign Nationals Act".

SEC. 2. Declaration of Policy. — In the conduct of its relation with other States,
the Philippines shall give paramount consideration to national sovereignty, territorial
integrity, national security, national interest, the right to  selt-determination,
enhancement of economic diplomacy as well as the protection of overseas Filipinos in
destination countries, as it adheres to the policy of peace, cooperation and amity with
all nations. Toward this end, Philippine immigration policies, rules and regulations
under this Act shall be applied and administered as instruments for the promotion of

domestic and external interests of the Philippines, in recognition of


(a) The admission of foreign nationals for the purpose of encouraging and
enhancing capital investments, trade and commerce, cultural exchanges and other

forms of friendly relations and cooperation;

technological and scientific

(b) The need to support the country’s
development;

(co) Promotion of conditions for social welfare and economic security of the
people;

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

(e) Promotion of international order and justice by preventing and denying,

the use of Philippine territory to persons who are engaged or likely to engage in

terrorism, human smuggling and trafficking, criminal and other nefarious activities,
(f) Modernization of structures and mechanisms necessary for the
administration of immigration laws in keeping with the changing demands of the
country’s role in the global community; and
(gs) Professionalization of the immigration service by instituting a rigid
system of screening and selection of immigration officials and employees and

promoting their development.

SEC. 3. Definition of Terms. — As used in this Act, the following terms are
defined as follows:
(2) "Admission" refers to the process by which a foreign national arriving, at a

port of entry in the Philippines is allowed into the country by the immigration

authorities;
(>) "Board" refers to the Board of Commissioners;
(©) "Border Control Officer" refers to any person tasked to man the Border

Control Station as provided under Section 28 of this Act;
(d) "Captain" refers to the master of a vessel or pilot of an aircraft;

(e) "Child" refers to a person below cighteen (18) years of age;


9

10

10

20

29

(f) “Citizen” refers to any person who is a citizen of the Philippines under
Section 1, Article IV of the Constitution of the Republic of the Philippines;

(g) “Commission” refers to the Commission on Immigration;

(h) “Commissioner” and “Deputy Commissioner” refer to the Commissioner
of Immigration and the Deputy Commissioner of Immigration, respectively;

(i) “Commitment Order” refers to an order issued by the Commissioner

under Section 7(c)(2) of this Act that directs the taking into custody of a foreign national

after it has been determined that a probable cause exists that the foreign national
committed acts and/or omissions in violation of Philippine immigration laws, rules and
regulations, or during the pendency of deportation case against such foreign national:
Provided, That such custody shall not exceed three (3) months, unless there exists other
legal grounds for continued custody;

(i) “Consular Officer" refers to any consular, diplomatic, or other officer of
the Department of Foreign Affairs who has been duly granted a consular commission

for the purpose of issuing visas under this Act;

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

(1) “Blacklist Order” refers to an order issued by the Commissioner that
prevents a foreign national trom entering the territorial jurisdiction;

(2) “Hold Departure Order” refers to a directive trom the Commissioner
preventing a foreign national from leaving the territorial jurisdiction of the
Philippines in cases of grant of bail and recognizance pending implementation of
Summary Deportation Order, or an order implementing a directive from the
Regional Trial Courts, Sandiganbuyan, and appellate courts to prevent a person
from leaving the Philippines to any place outside thereof; and

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

to notify the concerned government agencies of the Philippines.


6

() “Entry” refers to the arrival of a foreign national into any designated port
of entry in the Philippines from a place outside thereof. A foreign national having a
lawful permanent residence in the Philippines shall not be regarded as making an entry
for the purpose of this Act if such foreign national proves that the departure to a place
outside the Philippines was for a temporary or limited period, or the continued absence
from the Philippines was occasioned by deportation proceedings, extradition, or other
legal process;

(m) “Exclusion” refers to the act of Immigration Officers denying admission of
a foreign national into the country on grounds provided for in this Act;

(n) “Foreign National” refers to any person not a citizen of the Philippines;

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

(p) “Immigration laws' refers to this Act and any other law presently existing
or which may hereafter be enacted relating, to movement of natural persons to and from

the Philippines;

(q) "Immigration Officer" refers to any person appointed under Section 24 of
this Act or any employee of the Commission designated by the Commissioner to
pertorm the powers, duties and functions of an Immigration Officer as specified under
this Act;

(r) “Interception” refers to the act of Immigration Officers denying departure
clearance to any person leaving the country on grounds provided for in this Act;

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

({)} — “Non-refoulement” reters to a principle of international law which
prohibits the forced return of a refugee to the state or territory where one’s life or

liberty would be threatened;


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

(v) "Person" refers to a natural or juridical person such as but not limited to
partnerships, corporations, companies, and associations;

(w) "Port of entry" refers to any port designated by the Commi

joner through
which a foreign national may enter or exit the Philippines;

(x) "President’ refers to the President of the Republic of the Philippines;

(vy) “Refugee” refers toa 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 nationality, and is unable or, owing
to such fear, is unwilling to avail of the protection of that country; or who, not having a
nationality and being outside the country of former habitual residence, is unable or,
owing, to such fear, is unwilling to return to it;

("Ss

employed in the operation or service in any capacity on board a vessel;

eaman," “Seafarer” or "Crewmember" refers to a person actually

(aa) "Secretary" refers to the Secretary of the Department of Justice;

(bb) “Stateless Person” reers toa person who is not considered a national by
any State under the operation of its laws;

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

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

(ee) "Visa" refers to an endorsement on a passport or any travel document

issued by a Consular Officer abroad authorizing the holder thereof to proceed to a

5


designated port of entry in the Philippines and there to apply for entry and admission
under the status specified therein; or immigration status granted and/or issued to

foreign nationals by the Commissioner or the Board under this Act;

TITLE I
COMMISSION ON IMMIGRATION

CHAPTER 1
THE COMMISSION

SEC. 4. Creation. — The Commission on Immigration is hereby created. It shall
be principally responsible for the administration and enforcement of this Act, and the
implementation of all laws, rules, regulations or orders of any competent authority
concerning the entry and admission into, stay in, and the departure from the

Philippines of all persons

ion shall be

SEC. 5. Composition and Qualification. — The Commiss
administered by the Board of Commissioners headed by the Commissioner as
Chairperson, and four (4) Deputy Commissioners as members, all of whom shall be
natural-born citizens of the Philippines and, at the time of their appointment, at least
thirty-five (35) years of age, holders of a college degree and with proven capacity for
administration: Provided, That the majority or three (3) members including. the
Chairperson of the Commission shall be members of the Philippine Bar in good

standing for at least five (5) vears.

CHAPTER 2
THE COMMISSIONER


6

20

29

SEC. 6. Appointment and Rank of the Commissioner. — The Commissioner shall
be appointed by the President and shall have the same rank, salary, and privileges of an

Undersecretary of a Department.

SEC. 7. Powers and Functions of the Commissioner. ~ In addition to the duties as
Chairperson of the Board of Commissioners, the Commissioner shall exercise the
following powers and functions

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

Commission;

(b) Exercise control and supervision over the officers and personnel of the

Commission, including, but not limited to appointments, promotions, reassignments

tvice laws, rules and

and other personnel movements, subject to existing civil s

regulation:

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

(d) Delegate authority to subordinate officers and employees of the
Commission, except with regard to powers and functions enumerated in the
immediately preceding paragraph, which may be delegated only to the Deputy
Commissioners;

(e) Act on applications for issuance and extension or on petitions for
conversion, adjustment and amendment of visas;

() Acton petitions for declaration of indigency;

(g) Declare such control posts, landing places, airports or ports as points of
entry or exit, whether limited or unlimited;

(h) Increase, reduce or waive immigration fees, fines, penalties and other

charges;


(i) Act on applications for retention or reacquisition of citizenship in
accordance with Republic Act No. 9225 otherwise known as “Citizenship Retention and
Re-acquisition Act of 2003, based on the recommendations of the concerned office of the

Commission in consultation with the Department of Foreign Affairs”;

(j) Issue Certificate of Identification to foreign nationals who have obtained
Filipino citizenship;

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

() Authorize and prescribe the forms and the amount of cash bonds for the
provisional release of respondents in deportation proceedings;

(m) Impose reasonable fines and penalties for violation of immigration and
alien registration laws in accordance with this Act and the guidelines adopted by the
Commission;

(n) Provide an express lane for the rendition of services upon payment of
prescribed fees by persons served and to deposit in a government authorized
depository bank all such fees received under a trust fund that may be made available
for the payment of allowances to employees of the Commission, subject to existing

auditing and accounting rules and regulations;

‘s from any

(0) Accept donation of materials, equipment or technical serv
foreign government, international or domestic organization, to upgrade the efficiency
and operations of the Commission;

(p) Submit to the President and Congress, annually or as may be directed, a
report on the: (1) number and status of foreign nationals in the Philippines; (2) foreign
nationals admitted or granted change ot status as permanent residents; (3) toreign
nationals who have been excluded or deported from the Philippines; (4) estimated

number of illegal foreign nationals in the Philippines in each calendar year and actions

8


| taken to arrest them, by nationality grouping, for each region in the Philippines; and (5)

2 such other transactions of the Commission;

(q) Assign immigration employees to do overtime work or services pursuant

fixed by the Commissioner

4 to rules and regulations to be prescribed and at the rates
when the work or service to be rendered is to be paid by shipping companies and
6 airlines or other persons served;

7 (®) Determine the manning levels of immigration officers of the Commission
8 nationwide in accordance with the number of arrivals in each port of entry as
9 determined by the Board: Provided, That the number of employees, as provided in the
0 staffing pattern in accordance with Section 120 of the Aet, shall not be decreased;

u (8) Prepare and submit supplemental budget of the Commission for the
12. consideration of the Department of Budget and Management;

3 (t) Prescribe such rules, regulations or other administrative issuances to carry
14 out the provisions of this Act;

15 (u) Prescribe the appropriate forms, bonds, reports, entries and other papers

16 inaccordance with this Act; and

7 (\) Perform such other functions inherent to the Commission.

1s

19 CHAPTER 3

20 THE DEPUTY COMMISSIONERS.

2 SEC. 8. Appointinent and Rank of Deputy Commissioners. — There shall be four

22 (4) Deputy Commissioners who shall be appointed by the President. They shall have

23 the same rank, salary and privileges of an Assistant Secretary of a Department.

25 SEC. 9. Duties of Deputy Commissioners. — In addition to their duties as

26 members of the Board, the Deputy Commissioners may be assigned by the
27 Commissioner to supervise relative to the operations of the different divisions of the
28 Commission clustered as follows: (a) regulatory; (b) border control; (c) enforcement;

29 and (d) management support.


6

CHAPTER 4
THE BOARD OF COMMISSIONERS.

SEC. 10. Powers and Functions of the Board. - The Board shall have the
following powers and functions:
(a) Decide on applications and/or cases relative to:
(1) Deportation;
(2) Revocation of immigration status;
(3) Recognition of Philippine citizenship by reason of birth or marriage;
(4) Issuance and revocation of all visas;
(5) Declaration of indigency; and
(6) Legalization of residence in accordance with law;
(b) Prescribe and promulgate rules of proceedings before it;
(©) Cite and punish for contempt in relation to the discharge of its quasi-
judicial functions in accordance with the Rules of Court;
(a) Prepare and publish operations manual and rules of procedure, including
schedule of fees, for all transactions entered into by the Commission with the public;
(ec) Formulate policies, directives, programs and projects of the Commission;
and
() — Pertorm such other powers and functions as provided by existing laws,

rules and regulations not inconsistent with any of the provisions of this Act

SEC. 11. Decisions of the Board. - \n all cases or proceedings before the Board,
the decision of the majority shall prevail. Decisions of the Board shall become final and
executory fifteen (15) days from receipt thereof. Only one (1) motion for reconsideration
shall be filed with the Board,

Decisions in deportation cases may be appealed to the Secretary within fifteen

(15) days from receipt thereof, whose decision shall be final and executory unless stayed

10


6

9

10

by an order of the Court of Appeals.

SEC. 12. Period for Decision by the Board. ~ The Board of Commissioners shall
decide deportation cases within thirty (30) days from the date they are submitted for

decision or resolution.

SEC. 13. Meetings of the Board. - \n all cases, the Board of Commissioners shall
convene and act as a collegial body in all matters referred to in Section 10 of this Act.
The Board shall meet at least once a week or, if necessary, twice a week. Members of
the Board shall be notified accordingly and the presence of the Chairperson and two.

(2) members shall constitute a quorum

CHAPTER 5
THE EXECUTIVE DIRECTOR

SEC. 14. Appointment and Tenure. ~ There shall be an Executive Director of the
Commission who shall be appointed by the President upon the recommendation of the

‘© Director must be a

Commissioner and endorsement by the Secretary. The Execu!
natural-born citizen of the Philippines, at least thirty (30) years of age, Career Executive
Service (CES) eligible and a member of the Philippine Bar in good standing for at least

five (5) years prior to the appointment,

SEC. 15. Powers and Duties. - The Executive Director shall

(a) Actas the Board Secretary in the meetings of the Board;

(b) Advise. and assist the Commissioner in the formulation and
implementation of the objectives, policies, plans and programs of the Commission;

(©) Supervise all the operational activities of the Commission;

(d) Coordinate the programs and projects of the Commission and be

responsible for its economical, efficient and effective administration;


(c) Administer oaths in connection with all matters relating to the business of
the Commission; and

(f) Perform such other duties as may be assigned by the Commissioner.

CHAPTER 6
THE BOARD OF SPECIAL INQUIRY

SEC. 16. Constitution of Boards of Special Inquiry. - There shall be constituted
as many Boards of Special Inquiry (BSI) as required in the exigency of service but not
more than twelve (12). Each Board shall be composed of a Chairperson and two (2)
members. The Overall Chairman of the BSI shall sit as the Chairperson of the First
Board of the BSI. The BSI shall be designated according to their areas of specialization to

be determined by the Board.

SEC. 17. Appointment and Qualification of the Chairpersons and Members of
the BSI. ~ The Chairpersons and members of the BSI shall be appointed by the
Commissioner, all of whom shall be natural-born citizens of the Philippines and, at the
time of their appointment, at least thirty (30) years of age, members of the Philippine

Bar in good standing, and engaged in the practice of law for at least three (3) years.

SEC. 18. Powers and Functions of the BSI. - The BSI shall:
(a) Recommend to the Board for final resolution cases and/or applications
relative to:
(1) Deportation;
(2) Revocation of immigration status;
(3) Recognition of Philippine citizenship by reason of birth or marriage;
(4) Legalization of residence in accordance with law; and
(8) Issuance of visa for stateless person;

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


(c) Cite and punish for contempt in the exercise of their quasi-judicial
functions and in accordance with the Rules of Court;

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

(e) Administer oaths;

(fy Promulgate rules and regulations governing, matters within its assigned
mandate subject to the approval of the Board; and

(g) Perform such other duties and functions as may be directed by the

Commissioner and the Board.

SEC. 19. Proceedings Before the BSI. ~ The proceedings before the BSI shall be
public and recorded, In all cases, the BSI shall meet and act as a collegial body. Only
members of the Philippine Bar in good standing shall appear for and in behalf of any

party before the BSI

SEC. 20. Resolutions of the BSI. - Cases before the BSI shall be resolved within
five (5) working days from the date the same are submitted for resolution. Said

resolution shall be submitted immediately to the Board for action,

CHAPTER 7
DIVISIONS OF THE COMMISSION

SEC. 21. Divisions and Other Operating Offices of the Commission, — The
Commission shall have the following divisions and other operating offices, namely

(1) Administration;

(2) Finance;

(3) Information and Communications Technology;

(4) Planning and Research;

(5) __ International Policies and Cooperation;


2»

(6) Social Integration;
(7) Intelligence;

(8) Law Enforcement;

(9) Fraud Prevention;

(10) Legal;

(11) Immigration Regulation;

(12) Registration;

(13) Visa and Special Permit;

(14) Complaint and Prosecution;

(15) Internal Audit Office;

(16) National Operations Center; and
(17) Immigration Academy of the Philippines.

SEC. 22. Heads of the Divisions and Other Operating Offices. — Each Division

and other operating offices shall be headed by a Director to be appointed by the

Secretary, upon recommendation of the Commissioner: Provided, however, That

Directors for the Division for Legal and the Division for Complaint and Prosecution
shall be members of the Philippine Bar in good standing, and must have been engaged
in the practice of law for at least three (3) years. The Director for Finance Division shall

be a Certified Public Accountant in good standing for at least three (3) years

SEC. 23. Duties and Functions of the Divisions and Other Operating Offices. -
The different divisions and other operating offices of the Commission shall have such
number of officers and employees to carry out their respective duties and functions as

may be defined by the Commissioner in the implementing rules and regulations.

SEC. 24. Immigration Officers. - No person shall be appointed to the position of
Immigration Officer unless he or she is a holder of a bachelor’s degree and a first grade

civil service eligible. The Immigration Officers shall perform the following, duties:


19

20

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

(b) Exclude foreign nationals not properly documented, and to admit foreign

nationals complying with the applicable provisions of immigration and related law
(c) Administer oaths in connection with the performance of their duties;
(4) Search for foreign nationals on any vessel believed to be used to illegally
bring foreign nationals into the Philippines, and to take into custody without warrant
any foreign national who in ones presence or view is entering or is about to enter the
Philippines in violation of immigration and related laws, rules and regulations;
(e) Act as control officer with authority to prevent the departure of
passengers not complying with departure requirements; and
(8) Perform such other functions as may be assigned by the Commissioner

from time to time.

SEC. 25. Deployment of Immigration Personnel Abroad. ~ Within ninety (90)
days from the effectivity of this Act, the Department of Foreign Affairs and the
Commission shall promulgate the implementing rules and regulations on the
assignment and deployment of immigration personnel to select consular posts abroad
who shall, subject to the pertinent provisions of Republic Act No. 7157 or the “Philippine
Foreign Service Act of 1991”, perform immigration duties, except diplomatic and consular

functions.

CHAPTER 8
OTHER OFFICES

SEC. 26. Field Offices of the Commission, — The Commission shall operate and
maintain a field office in each of the administrative regions including the National

Capital Region.

s


The field offices of the Commission shall each be headed by at least an

Immigration Officer II, all of whom shall be designated by the Commissioner.

SEC. 27. Changes in the Composition, Distribution of Assignment of Field
Offices. ~ The Commissioner may make changes in the composition, distribution and
assignment of field offices, as well as its personnel, based on the demographics of the
foreign nationals and as the exigency of the service requires.

SEC. 28. Border Control Stations. ~ There shall be established Border Control
Stations which shall be manned by Border Control Officers appointed by the
Commissioner. The Border Control Stations shall be placed in specific areas in the

Philippines which shall be determined by the Board.

TITLE UI
IMMIGRATION

CHAPTER1
NON-IMMIGRANTS

SEC. 29. Categories of Non-immigrants and Types of Visa Issued. ~ Foreign
nationals departing from any place outside the Philippines who are otherwise
admissible and who qualify under any one of the following categories may be admitted
as non-immigrants:

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

(1) Business (A-1 Visa): Temporary visitors engaged in activities of a
commercial or professional nature for a foreign employer or for
themselves that will not result in gainful employment in the Philippines
As used herein, the term “business” refers to conventions, conferences,

consultations and other legitimate activities of a commercial or a


Professional nature, but does not include local employment or labor for

hire;
(2) Pleasure (A-2 Visa): Temporary visitors who stay in the Philippines for
holiday, including sightseeing, recreation or visiting relatives; and
(3) Health (A-3 Visa): Temporary visitors who stay in the Philippines to
avail of medical treatment.

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

(©) 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;

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

Citizens of a country that has an investor treaty with the Philippines, and their

family members, and coming to work in the Philippines for a business they own or one
that is at least fifty percent (50%) owned by nationals of their home country and which

business is supported by a substantial investment from nationals of their home country

shall be granted a D-2 visa;
(e) Accredited Foreign Government Officials, Their Families and Household
Member (E Visas): Foreign government officials, their families and household members

coming to the country for official purpose, pursuant to international conventions and

ilateral agreements, shall be granted F Visas divided into four (4) types, namely
(1) Persons eligible for E-1 Visa: The E-1 Visa shall be issued to the
following classes of foreign nationals:


iii.

iv.

i

vi

vii.

viii.

ix.

Heads of State and/or Heads of Government and their personal
representatives;

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

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

Cabinet ministers and their deputies, and officials with cabinet
rank of ministers;

Presiding officers of national legislative bodies;

Justices or judges of the highest national judicial bodies;

Diplomats and career consular officials on foreign

ssignment in
the Philippines;

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

Accompanying spouses and unmarried dependents of foreigners

within the abovementioned categories;

(2) Persons eligible for E-2 Visa: The E-2 visa shall be issued to an official of

a foreign government recognized by the Philippines, is a national of the

country whose government he represents, and is proceeding to the

Philippines on a long-term basis in connection with official business for

his/her government

1

is category includes, unter alia, the following classes of foreign

nationals:

i

ii

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

Official participating in programs under the auspices of the
Philippine Government or recognized international institutions;

and


\ iii, Accompanying spouses and unmarried dependents of foreigners

2 within the abovementioned categories;

3 (3) Persons eligible for E-3 Visa: The E-3 visa shall be issued to an ofticial of a
4 foreign government recognized by the Philippines, is a national of the
5 country whose government he represents, and is proceeding to. the
6 Philippines on a short-term basis in connection with otficial business for
7 his/her government

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

10 i, Diplomatic couriers regularly and professionally employed as such;
i ij. All members of official special missions of a diplomatic character;
2 iii, Members of delegations proceeding to or from an international
13 conference of a diplomatic or official nature; and

14 iv. Such other officials going to the Philippines on diplomatic or
1s official missions;

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

9 All visas under Section 29%e) of this Act shall be exclusively issued and
20 renewed by the Department ot Foreign Affairs, which shall also determine the
a type of E-Visa of Foreign Government Officials not identified in the foregoing
2 lists. The grant of immunities and privileges shall be subject to applicable
23 domestic and international law and international agreements to which the
4 Philippines is a party, as well as in consideration of the principle of reciprocity.

(f) Students (F Visa): Foreign students having. means sufficient for their

26 — support and education in the Philippines who seek to enter the Philippines temporarily
27 for the sole purpose of taking up a course of study higher than high school at a

28 university/seminary, academy or college accredited to admit such foreign students by


the Commission on Higher Education in coordination with the Commission, including
the monitoring of the status of activities of such foreign students in the Philippines;

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

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

(i) Representatives of International Organizations and Government Agencies

(I Visa): For purposes of this Act, the term “accredited international organization”,

includes any public international organization in the activities of which the Philippines
participates pursuant to any treaty or under the authority of any act of the Congress of
the Philippines authorizing such participation or making an appropriation for such
participation and such other international organizations, institutions, agencies,
programs, foundations and entities which are recognized by the government of the
Republic of the Philippines, including those existing and already recognized as such at
the time of the effectivity of this Act.

Foreign officials and staff of accredited international organizations, including
their dependent family members, staff, and household members shall be granted 1-Visas
divided into four (4) types, namely:

(1) Persons eligible for -1 Visa: The 1-1 Visa shall be issued to the principal

officials of international organizations, as well as their accompanying wives

and dependents

0


(2)Persons eligible for I-2 Visa: The 1-2 visa shall be issued to the other officials
and staff of international organizations, as well as their accompanying wives
and dependents.

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

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

All visas under Section 29(i) of this Act shall be exclusively issued and renewed
by the Department of Foreign Affairs, which shall also determine the type of I-Visa of
officials and staff of International Organizations who are not identified in the foregoing,
lists. The grant of immunities and privileges shall be subject to applicable domestic and
international law, relevant Headquarters Agreements, and international agreements to
which the Philippines is a party.

(i) Media Workers (J Visa): Foreign media personnel or correspondents, duly
accredited by the government agency concerned, who are bona fide representatives of a
foreign press, radio, satellite, television, film, or other information media, and are
coming to the Philippines solely to engage in gathering information principally for
dissemination abroad, including their family members accompanying or following to
join them during, the period of the assignment in the Philippines;

(k) Exchange Visitors (K Visa): Foreign nationals entering the Philippines to
teach, study, observe, conduct research or receive training in a specific Exchange Visitor
Program duly approved by the Philippine Government;

(L

in Section 3 (z) hereof shall be issued L-1 Visa. Stateless persons, whose admission for

(I) Refugees (L-1 Visa) and Stateless Persons (L-2 Visa): Refugees as defined
humanitarian reasons and not inimical to public interest has been approved by the
Commissioner or the President in such cases and under such conditions as he may
prescribe, shall be issued L-2 Visa;


(m) Bridging Visa (M Visa): A temporary visa which allows a foreign national
to sfay in the Philippines after his/her current visa, other than temporary visitor visa
undkr Section 29(a), expires and while his/her application for adjustment of status is

being, processed.

(n) Special Non-Immigrants (N Visas): Such other foreign nationals including
theif family members who may be admitted as non-immigrants under special laws or
foreign nationals not otherwise provitled for by this Act who are coming for temporary
periods only, and whose admission is authorized by the Commissioner or the President

in the interest of the public or for humanitarian considerations and under such

ears as he may prescribe,

CHAPTER 2
IMMIGRANTS

SEC. 30. Quota Immigrants. — Subject to conditions set forth in this Act, there
may be admitted into the Philippines, immigrants, otherwise known as “quota:
ingigrants”, not to exceed two hundred (200) of any one nationality based o1
immigration reciprocity for any one calendar year and upon allotment by the
Corfmissioner 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
edufational attainment, technical training, specialized experience, or exceptional ability
in fhe sciences, arts, professions, or business as would reasonably enhance and
confribute substantial benefits prospectively to the national economy, or cultural or
edufational interests or welfare of the Philippines, including their family members,
acedmpanying or following to join them, who shall likewise be allotted individual
quata numbers;

(b) Second Preference: Parents of a naturalized Philippine citizen;


(©) Third Preference: Spouses or minor children of foreign nationals who are
lawful permanent residents of the Philippines; and
(a) Fourth Preference: Parents of foreign nationals who are lawful permanent

residents of the Philippines.

SEC 31. Allotment of Quota, — The Commissioner shall, with respect to the first
preference, allot not more than fifty percent (50%) of the annual quota allotment up to
the end of June each year: Provided, however, That if the fifty percent (50%) is not utilized
by the first preference, the balance thereof shall be given to the second, third, and fourth
preferences in accordance with Section 30 of this Act. Any unused quota allotment for a

calendar year cannot be carried over and utilized for the ensuing calendar year.

SEC. 32. Basis in Determination of Quota Allotment. ~ The nationality of an
immigrant whose admission is subject to the numerical limitation imposed by Section
30 of this Act shall be that of the country of which the immigrant is a national or a

citizen. The nationality of an immigrant posses

ing dual nationality may be that of

either of the two count if he/she applies

s regarding, him/her as a national or citize

for a visa ina third country. If he/she applies for a visa within one of the two countries

nal or citizen, his/her nationality shall be that of the

regarding him/her as a nai

country in which he/she files his/her application for a visa to enter the Philippines.

SEC. 33, Non-Quota Immigrants. — The following, immigrants, known as “non-
quota immigrants”, may be admitted without regard to numerical limitation and
immigration reciprocity:

(a) The spouse of a Philippine citizen: Provided, however, That the
abandonment and failure to give support by the foreign spouse to his/her Filipino
spouse and family, legal separation, or termination of the marital status by annulment,

declaration of nullity of marriage or divorce where the cause is attributable to the


foreign spouse, shall constitute grounds for cancellation of the immigrant visa issued to
the foreign spouse;

(b) A person of Filipino descent regardless of generation;

(c) A child born to a foreign mother during, her temporary visit abroad, the
mother being a lawful permanent resident of the Philippines, if accompanied by or
coming to join the mother who applies for admission within five (5) years from the birth
of the child;

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

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

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

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

years

CHAPTER 3
NATIVE-BORN FOREIGN NATIONAL

SEC. 34. Status of Children Born to Immigrants, — A child born in the
Philippines to parents who are foreign nationals and lawful residents of the Philippines

shall be deemed a native-born permanent resident.

SEC. 35. Status of Children Born to Non-immigrants. - A child born to parents
who are both non-immigrants shall be deemed a native-born non-immigrant or

temporary resident and may remain in the Philippines only during the period of

a4


1

authorized stay of the parents, unless he/she reaches the age of eighteen (18) years
while continuously residing in the Philippines, in which case he/she may apply for

naturalization under existing laws or for an appropriate visa.

CHAPTER 4
ADJUSTMENT OF STATUS:

SEC. 36. Conditions for Adjustment of Status of Foreign Nationals. — The status
of a foreign national admitted into the Philippines as non-immigrant may be adjusted
by the Board to that of a foreigner lawfully admitted as a permanent resident if: (a) the

foreigner makes an application for such adjustment; (b) the foreigner is eligible to

receive a quota or non-quota immigrant visa and is admissible to the Philippines as a
permanent resident: and (c) a quota immigrant visa, if such is the case, is immediately
available to him/her at the time of his/her application, without the need of first
departing from the Philippines. In all such cases, the personal appearance of the

foreigner shall be required during, the consideration of his/her application

SEC. 37. Effect of Approval on Application for Adjustment. — Upon the
approval of an application for adjustment of status under the preceding section, the
Commissioner shall record the foreign national’s lawful admission as a permanent
resident as of the date of the approval of the application and shall be included as part of

the quota for the calendar year in accordance with Section 30 of this Act.

SEC. 38. Adjustment of Status, When Not Allowed. — Adjustment of status
under Section 36 of this Act shall not be applicable to a foreign national: (a) who has
violated or is in violation of immigration laws, rules and regulations unless the
violation is without the fault of the foreign national or for purely technical reasons; and

(b) transients.


SEC 39. Loss of Status, - A registered foreign national, except a temporary
visitor, who fails to return to the Philippines within a period of one (1) year from
departure shall loss his status. Otherwise, such foreign national shall apply for an
extension of the period within which to return prior to its expiration and pay the

prescribed fees and charges therefor in order to maintain ones visa category.

CHAPTER 5.
DOCUMENTATION AND ADMISSION OF NON-IMMIGRANTS

SEC. 40. Documentary Requirements of Non-immigrants. - Non-immigrants
must present for admission into the Philippines valid passports issued by the

governments of the countries to which they owe allegiance or other travel documents

showing their nationality and identity as prescribed by regulations, a valid visa granted
by the Philippine Consular Officer, if required, and such other relevant documents as
may be required under existing laws, rules, regulations, or multilateral or bilateral

agreements.

SEC. 41. 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 29(a) of this Act shall not exceed fifty-nine (59) calendar days from
the date of arrival, subject to bilateral, regional and multilateral visa agreements entered
into by the Philippines; Provided, That the conditions for extensions and total period of
authorized stay shall be prescribed by the Commissioner: Provided further, That during
the foreign national’s authorized stay: (a) he/she shall not take any employment,
whether paid or unpaid; (b) he/she shall not establish or join in any business; or (c)
he/she shall not enroll and become a student at a school, college, university, academy,
or other educational institution, unless he/she is granted, upon proper application, a

conversion to another immigration status provided under this Act.


SEC. 42. Conditions for Issuance of Pre-arranged Employment Visas. — A
foreign national who is coming to the Philippines for prearranged employment shall
not be issued a non-immigrant visa referred to in Section 29(g) until the Consular
Officer shall have received authorization for the issuance of the same. Such
authorization shall be given only upon the filing of a petition with the Board
establishing, among others, that no person can be found in the Philippines willing and
competent to perform the work or service for which the foreigner is desired and that the
admission would be beneficial to the public interest. The petition shall be under oath by
the prospective employer or the latter's representative in the form and manner
prescribed by the Board

If the Board finds that the petition complies with the requirements of the
preceding paragraph and of other regulations, it shall grant the petition and shall

promptly transmit the authorization to the Department of Foreign Affairs.

SEC. 43. Submission of Crew List and Passenger Manifest to the Commission. -

Simultaneous to the vessel’s departure from the port of origin, the master, captain,

agent, owner or consignee of any commercial vessel arriving to the Philippines shall
submit to the Commission, within a reasonable time prior to such arrival, the crew lists,
passenger manifests and such other information concerning the persons arriving on
such a vessel, In the same manner and condition, the master, captain, agent, owner or
consignee of any commercial vessel departing from any port in the Philippines shall
submit to the Commission, within a reasonable time prior to such departure, the crew

list, passenger manifest and

such other information concerning the persons departing
on such vessel. ‘The crew list of an incoming sea craft shall contain the appropriate visa

granted by the Consular Officer.

SEC. 44. Inspection of Crewmembers, - It shall be the duty of the master, captain,
agent, owner or consignee of any vessel arriving in the Philippines to have available on

board, for inspection by the Immigration Officer, any foreign crewmember employed


‘on such vessel and to detain such crewmember on board after inspection and to remove

such crewmember when required by the immigration authorities. No crewmember on
board such vessel shall be discharged while the vessel is in port without the permission

of the Commissioner.

SEC. 45. Permission for Temporary Landing of a Foreign Crewmember. — A
foreign crewmember on a vessel arriving in the Philippines may be permitted to land
temporarily under such conditions as may be prescribed by the Commissioner. All
expenses incurred by the Commission while the crewmember is on land shall be borne
by the master, captain, agent, owner or consignee of the carrying vessel.

CHAPTER 6
DOCUMENTATION AND ADMISSION OF IMMIGRANTS

SEC. 46. Documentary Requirements of Immigrants; Instances When Not

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

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

(b) A child born during the temporary visit abroad of the mother who is a
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 trom the date of the
child's birth; and

() A foreign national who is returning to an unrelinquished lawtul
permanent residence in the Philippines after a temporary residence abroad and presents

for admission a valid reentry permit,


CHAPTER 7
VISA ISSUANCE

SEC. 47. 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/she is found to.

be inadmissible under this Act or any other law.

SEC 48. Visa Policy. - The policies governing the issuance, extension, renewal
and conversion of visas referred to in Sections 29 and 33 hereof shall be jointly
formulated by the Commission and the Department of Foreign Affairs and, when

appropriate, in consultation with concerned government agencies and offices.

SEC. 49. Visa Issuance Abroad. - All visas issued abroad shall be done by
Consular Officers assigned at Philippine Foreign Service posts in the following manner:
(a) Upon approval by the Commissioner and recommendation of a Consular
Officer, a quota immigrant visa may only be issued to a foreign national who has made
a proper application therefor, which shall specify the foreign country, if any, to which
the quota the number is assigned, the immigrant's particular status in such country, the
preference to which the foreign national is classified, the date on which the validity of
the visa shall expire, and such additional information as may be required; and
(b) The Department of Foreign Affairs, through its Consular Office abroad
and/or the Office of the Visa Director, shall approve the issuance of non-quota
immigrant and non-immigrant visas to a foreign national who has made a proper
application therefor.
The issuance of special non-immigrant visas falling under the jurisdiction of a
particular government office or agency can only be done in coordination with and upon

recommendation of the government agency or office concerned


SEC. 50. Requirements for Physical and/or Mental Examination Prior to
Issuance of Immigrant Visa. - Prior to the issuance of an immigrant visa to any foreign
national, the Consular Officer shall require such person to submit to a physical and
mental examination in accordance with such regulations as may be prescribed by the

Commissioner.

SEC. 51. Visa Validity Period, — A single-entry non-immigrant or immigrant
visa issued by a Consular Officer abroad pursuant to Section 49 of this Act shall be valid.
for a period not exceeding three (3) months: Provided: That in prescribing the validity
period of a single-entry non-immigrant visa, the Consular Officer may, insofar as
practicable, allow a longer validity period based on reciprocity as accorded by the
foreign country to citizens of the Philippines who are within a similar class.

An immigrant visa may be replaced under the original number during, the
calendar year in which the original visa was issued for a foreign national who
establishes to the satisfaction of the Consular Officer that he/she was unable to use the
original immigrant visa during, the period of its validity for reasons beyond his/her
control: Provided, That the toreign national is found by the Consular Officer to be

eligible for another immigrant visa and has paid all the fees

SEC. 52. Denial of Visa, Grounds Thereof. — The Consular Officer may deny the
application for visa (a) if it appears from the statements in the application or in the
documents submitted the applicant is not eligible for a visa under this Act; or (b) if

he/she fails to comply with the requirements of the provisions of this Act

SEC. 53. Revocation of Visa Issued by Consular Officer. — The Commissioner
may, for valid cause and upon confirmation by the Department of Foreign Affairs,
revoke the visa issued by any Consular Officer. If the notice Gf revocation is not

received and the visa holder applies for admission into the Philippines, his/her


19

20

admission or entry shall be determined by the Immigration Officer upon his/her arrival

at the port of entry,

CHAPTER 8
RE-ENTRY AND EMIGRATION CLEARANCE

SEC. 54. Re-entry, — Every time a registered foreign national, except a
temporary visitor, departs or is about to depart temporarily from the Philippines with
the intention to return within one (1) year from departure, the foreign national must
secure from the Commission a re-entry permit or if his/her authorized stay is less than
one (1) year, a Special Return Certificate and pay the corresponding fees and charges

therefor,

SEC. 55. Emigration Clearance. - A registered foreign national who departs
permanently from the Philippines shall surrender all Philippine immigration
documents to the Commission and apply for and be issued an Emigration Clearance
Certificate, subject to the following conditions

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

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

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

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

prescribed fees and charges therefor.

CHAPTER 9
PRESIDENTIAL PREROGATIVES


SEC. 56. Presidential Prerogatives. — Any provision of this Act to the contrary
notwithstanding, the President may

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

(b) Waive passport and/or documentary requirements for non-immigrants
and immigrants under such terms and conditions as he/she may prescribe;

() Change the status of non-immuigrants by allowing them to. acquire
permanent residence status without necessity of a visa;

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

(&) Admit non-immigrants not otherwise provided for in this Act for
humanitarian considerations and when not detrimental to public interest, under such
terms and conditions as he/she may prescribe;

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

(gy) Exercise, with respect to foreign nationals in the Philippines, such powers

as are recognized by the generally accepted principles of international law.

TITLE IV
PROVISIONS RELATING TO ENTRY

CHAPTER 1
CLASSIFICATION OF PORTS OF ENTRY


‘{

SEC. 57. Authority to Classify Ports. - The Commissioner shall classify and
designate, from among, the ports of entry established by law for immigration purposes,
limited or unlimited ports of entry through which foreign nationals may be admitted
into the Philippines. Only such classes of toreign nationals as provided under the rules
and regulations prescribed by the Commissioner may be admitted at limited ports of

entry, The Commissioner may, after due notice to the public, close designated ports of

entry in the interest of national security or public safety

CHAPTER 2
PROCEDURES ON ARRIVAL

EC. 58. Inspection by Immigration Officer. — A foreign national secking
admission or readmission shall present ones valid passport and Visa, if required, to the
immigration ottiver at the port of entry and shall be subject to primary inspection: The
decision OF the examining Immigration Officer, it favorable to the admission of any
foreigner; may be challenged by another Immigration Officer. the inal determination
of pit wid of such foreign national shall be determined by the Commissioner in
case no gesolution is reached between the Immigration Otficers on the challenged
admissiog. 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

. 59. Detention or Quarantine for Examination. — for the purpose |
determining whether a foreign national arriving at any port in the Philippines belongs
to any of the classes excludable under this Act by reason of being atflicted with any ot
the contagious or communicable disease or mental disorder set torth under Section
70(a) of this Act or whenever the Commissioner has received information showing, that
foreignerg are coming from a country or a place where any of such diseases are

prevalentor widespread, the foreigner shall be detained or quarantined tor a reasonable



period of time to enable the immigration and medical officers to subject such person to

observation and examination.

SEC. 60. 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 70(a) herein shall be referred to
designated medical officers for physical and mental examination. Such medical officer
shall certify his/her findings for the intormation of the Immigration Officer

SEC. 61. Arrivai Notice Requirements of Vessel, - The immigration authorities

shall be given prior notice of the arrival of any Gyilian vessel before such vessel comes

into any area in the Philippines from any place outside thereof. Such prior notice shall
not be required 1n the case of vessels with scheduled arrivals filed with the Immigration
Officer in charge at the international port of entry

lf, upon arrival in any area other than the designated port and there is no
available Immigration Otticer therein, the master, pilot, captain, agent or consignee
shall not allow the passengers and crey members to disembark or leave the primary

Inspection area until the immigration officer shall have conducted the primary

inspection formalities

SEC. 62. Contents of Notice of Arrival. — The advance notice ot arrival required
in the preceding section shall specity the following:

(a) Type of vessel and registration marks;

(b)— Visaed crewlist;

(©) Passenger manitest;

(d) Port of last departure:

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

(1) Estimated time of arrival; and

a4


(x) Authorized agent or representative at the place of arrival
CHAPTER 3
FOREIGN CREWMEMBER

SEC. 63. Conditional Permit to Disembark. — A toreign crewmember ot a vessel
under Section 29(c) of this Act may be granted a conditional permit, in a form
prescribed by regulations, to disembark temporarily from the vessel on which he/she

arrived while such vessel remains in port under such terms and conditions as may be

prescribed by the Commissioner

SEC. 64. Confiscation and Cancellation of Permit; Deportation from the
Philippines. — Upon the determination that the foreign national is not a bona fide
crewmember or does not intend to depart on the vessel that brought him, the

Commissioner shall cancel and confiscate the

nditional permit already issued, take
such foreign national into custody, and require the owner, operator, captain, master,
pilot, agent or consignee of the vessel on which the foreigner arrived to receive and
detain him/her on board. The expenses for removal of the foreign national, including
the cost of detention and other expenses incidental thereto, shall be borne by the owner,

operator, captain, master, pilot, agent or consignee of such vessel

SEC. 65. Liability for Overstaying Foreign Crewmen. — A foreign crewmember
who remains in the Philippines in excess ot the period allowed in the conditional permit
issued to him shall be solidarily liable with the owner, operator, captain, master, pilot,

agent or consignee of the vessel to pay the penalties prescribed in Section 115 of this

Act.

SEC. 66. Liability for Unauthorized Discharge of Foreign Crewmember. — \\
shall be unlawtul tor any person, including the owner, operator, captain, master, pilot,

agent or consignee of any vessel to discharge any toreign crewmember employed by a


28

20

el arriving in the Philippines and whilst in port, without first obtaining the price

ission of the Commissioner. Otherwise, such person or owner, operator, captain,
sfer, pilot, agent or consignee of the vessel shall pay the Commission such fines as
be prescribed under this Act, No such vessel shall be granted clearance from any
in the Philippines while such fines remain unpaid or while the validity thereof 1s
determined: Provided, That a clearance may be granted prior to such

mination upon deposit of a sum or cash bond sufficient to cover such fines as

oved by the Commissioner,

SEC. 67, Duty to Report Desertion or legal Landing of Foreign Crewmember. ~
owner, operator, captain, master, pilot, agent or consignee of any vessel shall
lediately report, in writing, to the Immigration Officer all cases of desertion or

I disembarkation in the Philippines from the vessel, together with a de:

ription of

foreign nationals and any information that shall result in their apprehension.

SEC. 68. Requirement for Submission vf List of Newly Employed, Discharged
legally Landed Foreign Crewmember, — Prior to the departure of any vessel from
Jast port in the Philippines destined to any place outside thereof. the owner,

lator, captain, master, pilot, agent or consignee thereof shall deliver to the

igration Officer at that port a list containir

(a) The names of crewmembers who were not employed thereon at the time

le vessel's arrival on such port but will depart thereat on the same vessel;

(b) the names of those, if any, who have been discharged
(c) the name of those who have deserted or illegally landed at that port, if
anyJand

(d) such other additional information as the Commissioner deems necessary’

SEC. 69. Liability for Failure to Submit Complete, True and Correct Report. —

Thefowner, operator, captain, master, pilot, agent, or consignee who fails to submit a


6

true and complete list or report of foreign nationals or to report cases of desertion oF
illegal landing shal! pay to the Commission such sum as may be prescribed under this
Act. No such vessel shall be granted clearance from any port in the Philippines while
such fines remain unpaid or while the validity thereof is being determined: Provtded,
that clearance may be granted prior to such determination upon deposit of a sum or
cash bond sufficient to cover such fines as approved by the Commissioner.

CHAPTER4

EXCLUSIONS.

SEC. 70. Exclusion Grounds. - The following classes of foreign national shall not
be allowed entry and shall be excluded from the Philippines:
(a) Health Related Grounds

1. Those who are found to be suffering from a communicable, dangerous

or contagious disease, unless excepted under existing laws, rules and

regulations;

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

3. Those who are (ound to be suffering from addiction to prohibited or
regulated substance:

(b) Economic Grounds

1. Those likely to become a public charge;

2. Those seeking entry for the purpose of performing skilled or unskilled

labor, without a permit from the Secretary of the Department of Labor
and Employment as required by laws
(c) Moral Grounds
1. Those coming to the Philippines to practice polygamy or who advocate
the practice of polygamy unless the person's religion allows such

practices;


(dy

2. Those who are pedophiles, sexual perverts or those coming to the

Philippines for immoral purposes;

3. Those who are engaged or who seek to engage in prostitution or to
procure or attempt to procure prostitutes, or who receives in whole or
in part the proceeds of prostitution;

4. Those who, at the time of primary inspection, by the Immigration
Officer exhibit any obnoxious behavior, contempt or disrespect for the
said officer or any government official or Commission;

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 Jaw or regulation of the Philippines or a
loreign country relating to a controlled, regulated or prohibited
substance, or who admit having attempted or conspired to commit the
crime

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

4. Those who are fugitives from justice;

Those who seek to enter the Philippines to engage in

a. Espionage or sabotage, or a violation or evasion of any laws

n

prohibiting export of goods, technology or sensitive informati

b. Any activity aimed to promote membership in an organization of

syndicated criminal activities;



6

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c. Any activity, the purpose of which is to overthrow the Philippine
government by force, violence or other unlawful means; and
d. Any other unlawful activity
6. Those who are engaged or believed to be engaged or likely to engage
in, aid, abet or finance any terrorist activity and members or

representatives of a foreign terrorist organization;

st

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

8. Those who are under fitteen (15) years of age and unaccompanied by
or not coming to a parent, except that they may be admitted in the

ible: Provided, that

discretion of the Commissioner, if otherwise admis

they present a written consent to travel from cither parent citing, the
purpose thereof and affirmed by a Consular Officer; and

9. Those who have been identified by competent authorities, local and
foreign, as having, engaged or are engaging, in importation of

contrabands and other prohibited articles into the country.

SEC. 71. Temporary Custody of Excludable Foreign Nationals. — For the
purpose of ascertaining, whether a foreign national arriving, in the Philippines belongs
to any of the excludable classes of foreign national provided for in this Act or related
laws, the Immigration Officer, for a period not exceeding, seventy-two (72) hours, may

temporarily take into custody for investigation such fore

ign national either on board the
vessel or at a place designated for the purpose at the expense of the master, captain,

agent, owner or consignee of the carrying vessel.

SEC. 72. Finality of Exclusion Order. — An order by the Immigration Officer to

exclude a foreign national who is excludable under Section 70 hereof is final and


executory unless revoked by the Commissioner upon a timely appeal prior to the

implementation of the exclusion order

SEC. 73. Authority to Waive Grounds for Exclusion. — Except for grounds of
exclusion under Section 70(d), subparagraphs 1 to 7 and 9, the Commissioner may

waive any of the grounds for exelusion mentioned therein.

SEC. 74. Procedure of Removal and Cost Thereof. ~ Any foreign national arriving
in the Philippines who is ordered excluded shall be immediately removed in the same
accommodation to the country where he/she boarded the vessel on which he/she
arrived, unless the Commissioner determines that immediate removal is not proper and
practicable. The cost of detention and other expenses incidental thereto shall be borne
by the owner, operator, master, pilot, captain, agent or consignee of the vessel on which

he/she arrived,

SEC. 75. 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, the removal of the foreign national shall be directed by the Commissioner's
discretion and without necessarily giving preference, vither to

(a) The country which he/she is a citizen or national;

(b) The country of birth;

) national’s habitual residence; or

(©) The country of the torer
(a) The country willing to accept the foreign national into its territory, if

removal to any of the foregoing countries is impractical or impossible.

SEC. 76. Obligation of Owner, Operator, Mas

, Captain, Pilot, Agent or

Consignee. — |t shall be unlawful for an owner, operator, master, captain, pilot, agent,

or consignee of a vessel to refuse or tail to

40


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2»

(a) Board a foreign national ordered excluded and removed under Section 70

hereof in the same vessel or another vessel owned or operated by the sa

ne company;

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

(©) Deliver a foreign national for medical or other examinations when so
ordered by such officer;

(d) Remove a foreign national trom the Philippines to the country to which the

individual's removal has been directed, or

(e) Pay the cost of detention and other expenses incidental thereto of a foreign

national incurred while being, detained as required by Section 74 of this Act or other

costs necessary or incidental to his removal as provided in this Act.

SEC. 77. Penalty for Non-compliance of Obligation, — The owner, operator,
master, captain, pilot, agent, or consignee of a vessel who violated Section 76 hereot
shall pay the fines prescribed under this Act. No such vessel shali be granted clearance
from any port in the Philippines while such tines remain unpaid or while the validity
thereo! is being determined: Provided. That clearance may be granted prior to such
determination upon deposit of a sum or cash bond sufficient to cover such fines as
approved by the Commissioner

TITLE
DEPORTATION

CHAPTERT
DEPORTABLE FOREIGN NATIONALS

SEC. 78. Classes of Deportable Foreign Nationals. ~ The following, foreign
nationals shall be taken into custod\: upon the order of the Commissioner and deported
upon recommendation by the Board of Special Inquiry and approval by the Board

(a) Those who entered the Philippines by means of false and  misleadir

a


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statements or documents, misrepresentations or without inspection and admission by

the immigration authorities;

(b) Those who entered the Philippines who were not lawtully admissible at the
time of entry;

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

(d) ‘Those who, at any

me after the date of entry, have become a public charge:
(ce) Those who remain in the Philippines in violation of any period of limitation
or condition under which they were admitted;
(F) Those who believe in, advise, advocate or teach the overthrowing: by force
and violence of the Government of the Republic of the Philippines, or duly constituted
authority, or those who do not believe in or are opposed to organized governments, or

those who advise, advocate or teach the assault or assassination of public officials bv

reason ot their olfice, or those who advise, advocate or teach the uniawtul destruction

or those who are members of or affiliated with any organization

of property
entertaining, advocating or teaching such doctrines, or those who in any manner
whatsoever extend assistance, financial or otherwise, in the dissemination of such
doctrines;

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

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

(i) Those who, at any time atter entry, are convicted by final judgment of a
crime involving moral turpitude which is punishable under Philippine penal laws and
cognizable by the first level courts;

(i) Those who were admitted as non-immigrants and who obtained an

adjustment of their admission status for convenience, or through fraud, falsitication of

documents, misrepresentations or concealment of material fac

2


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

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

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

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

(0) Those who misrepresented themselves as Pilipino citizens in all
immigration matter; and.

(p) Those who commit any violation of the provisions of this Act, independent

of any criminal action which may be brought against them: Provided, liowever, That in

the case of a foreign national who, for any reason, is convicted and sentenced to suffer
both imprisonment and deportation, said Joreign national shall first serve the entire

period of the sentence before being deported

SEC. 79. Non-Prescription of Deportation Cases, — The right of the State to

initiate at any time deportation proceedings shall not prescribe.

SEC. 80. Nature of Deportation Proceedings. ~ Deportation proceedings shall be
independent of any action that may be instituted against a foreign national: Provided
That no deportation orders shall be issued against foreign nationals facing, preliminary

investigation, prosecution and trial betore competent authorities.


CHAPTER 2
DEPORTATION OF FOREIGN NATIONALS.

SEC. 81. Formal Charge of Deportation. — A tormal charge for deportation shall
be issued upon determination of the existence of a prinu facie case against the foreign

national

SEC 82. Bail. - Pending final determination of the foreign national’s deportation
case, the foreign national shall, upon the discretion of the Commissioner; (a) remain
under detention; or (b) be released on bail or recognizance. The bail may be revoked
and contiscated in favor of the government if there is sufficient evidence that the foreign
national is evading the proceedings or is attempting to abscond, in which case he/she

shall be taken into custody and placed under detention by order of the Commissioner

SEC. 83. Custody of a Foreign National Convicted of a Felony or an Offense -
After service of the sentence or Compliance with the conditions of parole or probation,
as the case mas be, the foreign national shall be taken into custody for immediate

deportation by order of the Board

SEC, 84. Voluntary Deportation, When Authorized, — \n case the loreign
national does not contest the formal charge against and opts to voluntarily leave the
country at the own expense of the foreign national, the Commissioner may waive the
deportation proceedings and order the departure within the period specified in the

voluntary deportation order: Proonied, That the foreign national has not committed any

criminal offense or has nv pending criminal investigation: Provided, furtier, That the said
foreign national so deported shal be barred trom re-entering the country without prior

written authorization trom the Commissioner

SEC. 85. Period to Enforce Order of Deportation. - the order ot deportation shall


28

»

be enforced immediately but in no case shall exceed three (3) months from the date it

has become final and executory. If deportation is not enforced within the prescribed

period, the foreign national may be released on bail or recognizance.

SEC. 86. Suspension of Deportation Order. - The Commissioner may suspend
the implementation of the deportation order and order the release of the foreign
national on bail or recognizance, taking, into account the following, factors

(a) A

(b) Period of detention;

, health, family or conduct

(©), Impact on national security and public welfare,
(a), Unavailability ot travel documents,
(ec), Existence of an application tor retugee or statelessness status; or

({) Other humanitarian considerations.

SEC. 87. Reinstatement of a Deportation Order. ~ A deportation order
previously implemented against « foreign national who unlawiully re-entered the
Philippines shail be deemed automatically reinstated and shall be implemented in
accordance with this Act. This provision shall also apply to a foreign national who

departed voluntarily under Section 84 hereot
{

SEC. 88. Country of Destination of a Deportee. — bxcept as provided tor under

national shall be deported to the

existing gent or international agreement, a for
country df which the person is a citizen or national, or to the country of birth of the
ne or to the country of which the individual is a resident, or to the country
from which the individual embarked for the Philippines, subject to the acceptance by

the receiving country.

SEC. 89. Cost of Deportation. ~ The cost of deportation shall be borne by the

‘owner, operator, captain, master, pilot, agent or consignee of a vessel in case its foreign


crewmember is to be deported for violation of Section 90 of this Act. In all other cases,
the cost of deportation shall be borne by the deportee himself/herself, the concerned
consular office, nongovernment organizations or people's organizations with which the
Commission has an agreement on this matter, or from the appropriations for the

enforcement of this Act.

SEC. 90. Liability of Owner, Operator, Captain, Master, Pilot, Agent or
Consignee of a Vessel. ~ Failure or rehusal on the part of the owner, operator, captain,
master, pilot, agent or consignee of a vessel to take on board, guard safely and transport
the deportee to the foreign national’s country of destination, or to shoulder the cost of
deportation of the foreign crew member as provided in Section 89 hereof, shall be

punished by an administrative penalty prescribed under this Act

SEC. 91. Expenses of Accompanying Person, ~ The Commissioner may, tor
security reason or by reason of the mental or physical condition of the deportee, direct
an employee of the Commission to accompany such deportee to the country of the

person's destination, subject to the provisions of the immediately preceding sections

CHAPTER 3
INDIGENT FOREIGN NATIONAL

SEC. 92. Removal of Indigent Forciyn National. ~ At any time atter entry, the
Commissioner may remove indigent foreign nationals from the Philippines to the
country of which they are citizens or nationals, or country of birth, or country of
residence, as the case may be. The cost of deportation may be charged against the

n national removed under this section.

available funds of the Commission, Any tore
shall be barred readmission except upon written authorization of the Board of
Commissioners

This provision shall not apply to a foreign national declared as an indigent by

1


any Philippine court for purposes of filing a case or to pursue a cause of action which
resulted in the individual's indigency until such action is resolved with finality

Provided, That no other grounds tor deportation exist during, the pendeney of the same.

TITLE VI
MISCELLANEOUS PROVISIONS.
CHAPTER 1
REGISTRATION OF FOREIGN NATIONALS

. 93. Requirement of Registration, — All foreign nationals shall register with

the Commission or any Immigration Ottice nearest to the place of residence on or betore

the sixtieth (60) day of his/her latest arrival in the Philippines.

SEC. 94. Registration Form and Oath. — Applications tor registration shall be
under oath and in such form as prescribed by the Commission, Upon registration, a
certificate of registration shall be issued by the Commission to the registrant. In case of
loss or destruction of the certificate a replacement thereof may be issued by the

Commission upon proper application and payment of prescribed tees

SEC. 95, Amendment of Registration, — A registered foreign national shall
notify the Commission in writing of amy change of information in the person’s

registration documents not later than seven (7) days thereof

SEC. 96. Presentation of Certificate of Registration. — Every toreiyn national
required to register under this Act or the parent oF guardian of such foreign national

shall, upon demand of any personnel authorized by the Commtissioner, present a

certificate of registration of the individual. and tailure to du so without justifiable cause

shall be dealt with in accordance with the provisions of this Act


6

SEC. 97. Reportorial Requirements. — Every foreign national registered under
this Act shall, within the first sixty (60) days of every calendar year, report in person to
the |Commission. The Commissioner may exempt personal appearance of foreign
nationals registered under this Act subject to certain requirements and conditions as

may be prescribed in the rules and regulations issued for the purpose.

SEC. 98. Failure to Comply with Requirements. — A foreign national, or the
parent or guardian of the foreign national, as the case may be, who, without justifiable
reasbn, fails to comply with all the requirements under this Act, or who files an
application for registration containing statements known by the individual to be false,

istration documents other than that of the individual, shall be dealt

or
WitH in accordance with the provisions of this Act and other existing laws.

SEC. 99. Cancellation of Registration of Foreign National. — |n case ot death ot
a fqreign national registered under the provisions of this Act, the legal heir,
reprpsentative or administrator of the torcign national must inform the Commission
Witlfin sixty (60) days trom death and the Commission shall cancel such registration
The PLocal Civil Registrar or other cieil registry officer of the locality where said foreign
natignal died shail furnish the Commission with a copy of the Certificate of Death
witHin thirty (0) days from issuance thereat, Failure on the part of the persons
conderned to comply with the requirements of this section shall be dealt with pursuant
to tife provisions of existing laws.

CHAPTER 2
BONDS AND DEPOSITS
SEC. 100. Bonds, When Required. — The Commission shall have the authority to
require cash bonds in such amounts and under such conditions as it may prescribe:
(a) To control and regulate the admission into, and departure from, the

Philfppines of foreign nationals applying tor temporary admission;

48


(b) To insure against foreign passengers liable to be excluded as likely to
become public charges; and
(co) To insure the appearance of foreign nationals released {rom custody during

the course of deportation proceedings instituted against them:

SEC. 101. Requirement of Cash Deposits for Overtime Services. ~ The
Commission shall likewise have the authority to require cash deposits in such amounts

as may be necessary trom vessel's owner, operator, captain, master, pilot, agent, oF

consignee or other persons served to cover payments for overtime services to be

performed by olticers and employees of the Commission.

Ss

C. 102. Cancellation and Forfeiture of Bonds, - When the conditions of the
bond are fulfilled, or in case of a bond posted to insure against a foreign national
becoming a public charge, when the Commissioner decides that the likelihood no

longer exists, or death of the foreign national in whose behalt the bond is posted, the

bond shall be cancelled and released to the depositor or the legal representative of the
foreign national. In case oF violation of the conditions of the bond, the same shall be
forfeited and deposited ina trust tund account which may be utilized for the purchase
of passage tickels tor ventoval of inclyent foreign nationals and to cover the costs of

operations in locating, deportees who jump bail

CHAPTER 3
RECOGNIZANCE

{C.103. Petitions for Recoguizance, Sauction for Breach of Conditions. —

The Commissioner may order the release of a foreign national upon recognizance of the

individual’s lawyer or a person who is of good standing in the conimunity, under such

terms and conditions as he/she mav prescribe. Failure to comply with the terms and
conditions of the recognizance shall subject said lawyer or person to a fine of not less

than Fifty thousand pesos (150,000.00) but not more than One hundred thousand pesos

40


(P 100,000.00), without prejudice to other administrative sanctions and/or proceedings

against the erring party

CHAPTER 4
COOPERATION AND COORDINATION WITH OTHER OFFICES

SEC, 104, Working Cooperation with the Department of Foreign Affairs. ~ For

purposes of efficient implementation andi administration of this Act, the Commission

shall maintain a workir

, cooperation with the Department of Foreign Affairs

SEC, 105. Working Cooperation with the Commission on Higher Education ~
The Commission shall maintain a wrrking cooperation with the Commission on Higher
Education with respect to accreditation of schools and learning centers for enrolment ot

foreign students as authorized under this Act

SEC. 106. Coordination with Law Enforcement, Security and Other Offices. —
The Commissioner shall have authority to maintain coordination with the National
Security Council, the Philippine National Police, and other law enforcement agencies ot

the government
CHAPTER 5
FEES AND CHARGES

SEC. 107. Authority of the Commissioner to Prescribe, Impose and Collect Fees

and Charges. — The Commissioner is authorized to prescribe, impose and collect fees

and charges for services rene

ered pursuant to the provisions of this “Act.

CHAPTER 6
ADMINISTRATIVE FINES AGAINST VESSELS


SEC. 108. Fine for Failure to Submit Crew List or Passenger Manifest, or
Failure to Account Every Passenger and Crew. — Any pilot, master, agent, owner or
consignee of a vessel arriving at any port in the Philippines from a place outside thereot
who fails to submit to the immigration authorities a complete and accurate crew list or
passenger manifest, or fails to produce or account every crewmember or passenger
whose name appears in said list or manifest shall be subject to tines of One hundred
thousand pesos (P100,000.00) and Titty thousand pesos (P5U,000.00) tor each

unaccounted person, respectively

SEC. 109. Fine for Violation of Obligation on the Landing or Removal of Foreign
Nationals, — |\ pilot, master, agent, owner or consignee of any vessel arriving at a port
of the Philippines from a place outside thereof tor having, a foreign national on board in
violation of this Act shall be fined not fess than Fifty thousand pesos (50,000.00) but
not more than Two hundred thousand pesos (P200,U00.00) tor each act of violation
consisting of

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

(b) Refusal or failure to pay the cost of maintenance and other costs, as required

by Section 71 of this Act, of such foreign national when temporarily removed trom the

vessels for examination by order ot the immigration officer;

(©) Refusal to receive such foreign national on board tor removal from. the
Philippines if the foreign national is excluded, or to pay the cost of removal, if by
another vessel as required under Section 76 of this Act:

(d) Making any charge against such foreign national for the cost referred to in
(b) above, or for the cost of the removal of the foreign national trom the Philippines i!

the latter is excluded, or taking any security trom the foreign national tor the payment

of any such costs,



2%

SEC. 110. Fine for Bri

National Afflicted with Communicable or Contagious Disease, or Suffering from

ging Undocumented Foreign National, or Foreign

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 foreign national shail be fined One hundred thousand pesos
(P100,000.00) for each foreign national. If the foreign national is afflicted with a
communicable or contagious disease or is suffering from mental disorder, the fine shall

be not less than Pwo hundred thousand pesos (P200,000.00) but not more than Three

hundred thousand pesos (700,000.00) for each toreign national

SEC. 111. Fine for Bringing a Foreign National to Assist His Mlegal Eutry or
Misrepresenting a Foreign National 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 foreign national bound for the Philippines to
assist the illegal entry of the foreign national, or misrepresenting, the toreign national to
the Iminigration Officer at the port of arrival asa bona fide member of the crew, shalt be
fined not less than One hundred thousand pesos (P100,000.00) but not more than Two

hundred thousand pesos (P200,000.00) for each foreign national

SEC. 112. Fine for Violation of Other Provisions of this Act. — The pilot, mastey
agent; owner or consignee of any vessel arriving at any port of the Philippines from a
place outside thereof who violates any other provision uf this Act not specifically
provided in this Chapter shall be fined not less than Filty: thousand pesos (P50,000.00)

but not more than Two hundred thousand pesos (P200,000.00) tor each violation.

CHAPTER7
OTHER PENAL PROVISIONS


6

SEC. 113. Other Prohibited Acts and Penalties Thereof. - Any person who shall
commit any of the acts specified hereunder shall, upon conviction, suffer the penalty of
prison correccional in its maximum period to prision mayor in its minimum period or a
fine of not less than One hundred thousand pesos (P100,000,00) but not more than Five
hundred thousand pesos (P500,000.00) or both, at the discretion of the court

(a) Impersonates another individual, or falsely appears in the name of a
deceased individual, or evades the imnuyration 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
immiyration accountable torm, to any person not authorized by law to receive such
documents;

(©) Obtains, manutactures, 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 tacts,

(e) Misrepresents himselt / herself to be a Philippine citizen;

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

(9). Brings into, or lands in the Philippines, or conceals, harbors, employs, or
gives comfort (o any person not duly admitted by any Immigration Officer or not
lawtully entitled to enter into or resides withm the Philippines, or attempts, conspires
with, or aids another to commit any such acts.

Where the offender of any acts specitied in paragraph (x) or this section 1s a
corporation, company, partnership or other juridical entity, the president, general
manager, managing, partner, or chief executive otficer thereot shall be held liable.
Dismissal of the employee by the empiover before or after apprehension shall not

relieve such employer trom any liability arising from the ottense: Provndin!, That it the


6

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offender is the pilot, master, agent, owner, consignee, or other person in charge of the
vessel which brought the foreign national into the Philippines from any place outside
thereot, the fine imposed under this section shall constitute a lien against the vessel
which may be enforced in the same manner as fines are collected and enforced under
existing laws. Such vessel shall not be allowed to depart without prior clearance issued
by the Commission. Where forfeiture is justiticd under the particular circumstances of
the case, the forfeiture of the vessel in favor of the government in lieu of the fine shall be
decreed

Conviction by final judgment of any offense punishable under this Act or other
related laws shall result in the automatic revocation or cancellation of any immigration
document issued to the offender, including that of the foreign national’s spouse and

unmarried children, if applicable

SEC. 114, Penalty for Non-compliance of Subpoena. — Any person who, haying
been duly served with @ suipoeny, fails to comply without valid and justifiable reasons
shall, upon conviction, suffer the penalty of imprisonment of not more than fifteen (15)
days or a fine of not more than One thousand pesos (P1,000.00), or both, at the

discretion of the court.

SEC. 115. Penalty for an Overstaying Crewmember, — Any toreign crewmember
who wilfully remains in the Philippines bevond the period allowed for temporary
landing, shall, upon conviction, sutter the penalty of imprisonment of six (6) months or
fine of not less than Fifty thousand pesos (P50,000.00) but not more than One hundred

thousand pesos ((°100,000.00), or both, at the discretion of the court

SEC. 116. Imposition of Maximum Penalty, When Applicable. ~ A person
convicted under Republic Act No. 3/14, as amended, otherwise known as the "Aut!

Graft and Corrupt Practices Act", or other laws against corruption and bribery who shall


| violate or circumvent any provisions of this Act shall, upon conviction, sutfer the

2 maximum penalty for such offense as provided under this Act.

4 CHAPTER 8
5 UPGRADING OF COMPENSATION AND BENEFITS.
7 SEC. 117. Creation and Upgrading of Compensation. ~ The basic monthly

compensation of the following officials and employees of the Commission shall be as

4% — tollows:

uw Position Salary Grade
iW From To
i Commissioner {I} 30 3
“ Deputy Commissioner IL 29 »
a Exccutive Director 2 28
15 Attorney \ 2% 28
16 Deputy Executive Director | 7
7 Chief Administrative Officer ort

is Chief Immigration Otticer 4

» Intelligence Office V 4 z
2% Information Fechnoleyy Orticer Hl 4

N Attorney tV a 3
2 Attorney III 21

3 Attorney II 18

2 intelligence Office IV 2

2s Supervising Immigration Otlicer 2

»% Supervising, Administrative Oificer 2

2 Accountant Hl 9

28 Attorney | 16 a

» Senior Immigration Ofticer 19 R


W

0

Administrative Officer V 18 3

Border Control Officer - 2»
Intelligence Officer Ill 18 21
Immigration Ofticer IIL 16 4
Intelligence Officer I] 15 19
Immigration Officer IT 13 19
Immigration Office | u 7
Intelligence Officer u 17

On the recommendation on the Commissioner, the Board shall have the authority

to reorganize, upgrade, or otherwise make adjustments in, the offices of the

Provided, That to the extent

Commission as required by the implementation of this Ac
possible, the incumbent chiels of sections or divisions whose offices are thus affected
may be upgraded to positions of comparable rank in the reorganization; for the new

division created under this Act, the Commissioner shall designate the chiefs thereot.

CHAPTER 9
TRANSITORY PROVISIONS

SEC. 118. Interim Period. — The incumbent Commissioner and two Deputy
Commissioners, if qualified under this Act, shall continue to discharge the functions of
their position unless otherwise removed by the President All personnel of the Bureau
of Immigration shall continue to discharge the functions of their position

SEC. 119. Staffing Pattern and Salary Schedule. - To carry out the provisions of

this Act, the Commissioner shall submit new staffing, pattern and salary schedule tor
personnel services to the Secretary of the Department of Budget and Management in
accordance with Section 118 taking into account the Salary Standardization Law and

other applicable laws under the National Compensation and Classification Plan


SEC. 120. Reorganization of the Commission, — Upon approval of this Act, all
employees of the Bureau of Immigration covered by the civil service law and
regulations shall continue to hold their present positions pending the
reorganization of the Commission in accordance with the new’ staffing, pattern.
Proved, That the salaries, wages, allowances and other benetits of incumbent officers
and employees of the Commission shall not be subject to diminution: Provided, further
That in the event that the positions are abolished in accordance with the
reorganization, the affected employees shall be retained. Provided, finally, That
employees who have been dismissed for cause shall no longer qualify for any position

in the Commission.

SEC. 121. Inventory and Transfer of Properties, Accounts, Assets, Liabilities and
Obligations to the Commission. — Ali buildings, properties, equipment, facilities
accounts, other assets, liabilities and other obligations as well as records ot the Bureau

of Immigration shall be properly inventoried and transterred to the Commission

C. 122. Treaty or Agreement. - Any treaty or agreement entered into between
the Philippines and any foreign state betore the effectivity of this Act shall remain in

force and effect

SEC. 123. Pending Cases. - Any prosecution, suit, action, proceeding, or any act
or matter, civil or criminal, pending at the time ot the effectivity of this Act shall not be
atected by the provision of (his Act unless otherwise applicable

CHAPTER 10
ADMINISTRATION AND IMPLEMENTATION,

SEC. 124. Administration and Implementation Abroad. ~ (he administration ant
implementation of this Act abroad, including the rules and regulations as well as

specitic visa policies or guidelines, shall be the responsibility of the Department of


Foreign Affairs, with due notice to the Commission and other concerned agencies

and/or offices.

SEC. 125. Implementing Rules and Regulations, — The Commission, upon
consultation with the Department of Foreign Affairs and other concerned agencies or
offices and subject to the approval of the Secretary, shall promulgate the rules. anil

regulations for the implementation of this Act within sixty (60) days trom its effectivity

CHAPTER 11
FINAL PROVISIONS

SEC. 126. Separability Clause. — It any of the provisions Ot this Act is held
invalid or unconstitutional the other provisions not affected thereby shall continue to be

in foree and ettect

SEC. 127. Repealing Clauses. ~ (a) Commonwealth Act No. 613, otherwise

known as the “Philippine Immigration Act of 1940", as amended, and Republic Act No

730, are hereby repealed; (b) All jaws, presidential decrees, executive orders,

oclamations, memoranduny orders, instructions, rales and regulations or parts thereot

inconsistent with this Act are hereby amended or modified accordingly

SEC. 128. Effectivity Clause, — This Act shall take effect fitteen (13) days atter
its complete publication in the Official Gazette or in two (2) newspapers of general
circulation.

Approved!