EIGHTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES —)
First Regular Session )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez

House Bill No, 4203

EXPLANATORY NOTE

The 1987 Constitution provides that the prime duty of the Government is to serve and protect the
people. It further provides that the maintenance of peace and order, the protection of life, liberty, and
property, and the promotion of the general welfare are essential for a democratic government.

This bill was originally introduced as House Bill No. 4148 during the Fourteenth Congress where it
was transmitted to the Senate. During the 15" Congress, it was re-filed as House Bill 1074 where it
remained pending with the Committee on Justice. It was again re-filed in the 16” Congress. During
the 17” Congress, it was approved by the Committee on Justice.

Despite numerous developments in technology and communication, there are several
antiquated laws in our statute books which are no longer relevant to modem times. One of them is
Commonwealth Act No. 613, otherwise known as the “Philippine Immigration Act of 1940°. Although
‘some amendments and revisions have been effected to this law, many of its provisions have ceased
to be responsive to present day conditions and realities, and there are still many problematic areas
and concems that have not been adequately addressed.

The Bureau of Immigration acts as the chief repository of all immigration records pertaining to entry,
temporary sojourn, admission, residence, registration and departure of all foreigners in the country. As
the country's frontline law enforcement agency, the Bureau of Immigration holds the primary role of
regulating the movement of persons to and from the country and securing the tranquility of the State
against foreigners whose presence or stay may be deemed threats to national security, public safety,
public morals and public health.
Events of recent years have disclosed that many aliens in the country have been involved, at one time
or another, in organized crimes like illegal recruitment, prostitution, drug trafficking, terrorism, human
smuggling and the like, all of which greatly resulted in the general impression of both Filipinos and
foreigners alike that some aliens have contributed to sufficient degree to the rise in criminality in our
‘country.
This proposed bill aims to amend or revise the Commonwealth Act No. 613 or the “Philippine
Immigration Act of 1940" to be more responsive to the developments and challenges of migration and
immigration requiring a wider scope of functions and jurisdiction
The Bureau also seeks the expansion of the Immigration's organizational structure and upgrades the
existing positions of immigration personnel and administrative staff to adequately meet the country's
rapidly increasing immigration services.
As such the measure aims to:
(Streamline and restructure the Bureau of Immigration providing for (a) a
systematized gathering, compiling, storage and reckoning/ analysis of records data
and statistics on aliens and (b) a clearer delineation of functions among the different
directorates/ departments so as to cut bureaucratic red tape overlapping functions.
(i) Sharpen the border and migration control expertise of immigration personnel;
iii) Expand, rationalize and professionalize the Immigration;
(iv) _ The proposed law expands the classes of aliens who are ineligible for
admission into the country.
(v)_ The proposed law provides more visa categories and immigration privileges
for foreign investor to support the country's policy attracting foreign investments.
(vi) Upgrade its employees’ compensation and benefits;
(vil) Improve the organization to address the issues on terrorism; and
(vii) Encourage academic and professional growth. x
is hy



EIGHTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES =)
First Regular Session )
HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez
4103

House Bill No. ""

AN ACT MODERNIZING THE BUREAU OF IMMIGRATION, DEFINING ITS POWER AND
FUNCTION, EXPANDING, RATIONALIZING AND FURTHER PROFESSIONALIZING ITS
ORGANIZATION, UPGRADING THE COMPENSATION AND BENEFITS OF ITS OFFICIALS AND
EMPLOYEES, AND APPROPRIATING FUNDS THEREFOR.”

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

TITLE!
GENERAL PROVISIONS

SEC. 1. Short Title. — This Act shall be known as The Bureau of Immigration Modernization 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 self-determination, the enhancement of economic diplomacy, and the protection
of overseas Filipinos in destination countries, as it adheres to the policy of peace, cooperation and
amity with all nations.

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

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

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

a the promotion of conditions for social welfare and economic security of the people;

a the fulfilment of obligations and compliance with standards set by international law in the
admission or exclusion of foreign nationals;

e the modernization of structures and mechanisms necessary for the administration of
immigration laws in keeping with the changing demands of the country's role in the global
‘community; and

f the professionalization of the immigration service by instituting a rigid system of
screening and selection of immigration officials and employees and promoting their
development.

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

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

(b) "Border Control Officer" refers to any person tasked to man the Border Control Checkpoints
authorized as provided under Section 54 of this Act;

(©) “Captain” refers to the master of a vessel or pilot of an aircraft;
(@) “Child” refers to a person below eighteen (18) years of age;

(@) “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;


(Q) ‘Commitment Order" refers to an order issued by the Commissioner under 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 or omissions in violation of Philippine immigration laws, rules and

regulations, or during the pendency of deportation proceedings against such foreign national:
Provided, That such custody shall not exceed three (3) months, unless there exists other legal
grounds for continued custody;

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

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

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

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

(3) ‘Watchlist Order” refers to an order issued by the Commissioner under this Act that
Fequires 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;

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

@ Exclusion refers to the act of Immigration Personnel denying admission of a foreign national into
the country on grounds provided under Section 96, Chapter IV of this Act;

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

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

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

(0) Immigration Officer refers to any person appointed under Section 48 this Act or any employee
designated by the Commissioner to perform the powers, duties and functions of an Immigration
Personnel as specified under this Act;

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

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

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


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

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

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

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

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

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

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

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

TITLE tt
‘THE BUREAU OF IMMIGRATION

CHAPTER 1
THE BUREAU

SEC. 4. Creation. —The Bureau of Immigration, hereinafter referred to as the Bureau, shall be under
the control and supervision of the Department of Justice (DOJ). The Bureau shall be principally
responsible for the administration and enforcement of this Act, and the implementation of all laws,
rules regulations or orders of any competent authority concerning the entry and admission into, stay in
and the departure from the Philippines of all persons. Its personnel shall be considered as the
gatekeepers and border control officers of the country. The Bureau may seek assistance of other
‘governments entities in the enforcement of immigration laws, rules and regulations, border control and
antitrafficking.

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

CHAPTER 2
‘THE BOARD OF COMMISSIONERS

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



(@) Quasi-judicial

(1) __ Decide on applications or cases relative to:
Deportation;
Revocation of immigration status;
Reacquisition and retention of Philippine citizenship under Republic Act No. 9225,
‘otherwise known as the “Citizenship Retention and Reacquisition Act of 2003";
Issuance and Revocation of all visas and permits;
Declaration of Indigence; and
Legalization of residence in accordance with law.
(2) Cite and punish for contempt in relation to the discharge of its quasi-judicial
functions in accordance with the Rules of Court.

(0) Rule-making
(1) Prescribe and promulgate rules of procedure for proceedings before it;
(2) Prepare and publish operations manual and rules of procedure, including
Schedule of fees, for all transactions entered into by the Bureau with the public; and
@) Formulate policies, directives, programs and projects of the Bureat

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

SEC. 7. Decisions of the Board. — All cases or proceedings before the Board shall be decided with
the concurrence of the majority of the members of the board. Decisions of the Board shall become
final and executory fifteen (15) days from receipt thereof by the concerned parties. Only one (1)
Motion for Reconsideration shall be allowed

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

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

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

CHAPTER 3
‘THE COMMISSIONER AND THE DEPUTY COMMISSIONERS

SEC. 10. Appointment of the Commissioner. — The Commissioner shall be appointed by the
President and shall have the same rank, salary, and privileges of an Undersecretary of a Department.

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

@) ‘Supervise, direct and coordinate the overall operations of the Office;

(b) Exercise control and supervision over the officers and personnel of the Bureau, including
the power to appoint, promote, and reassign personnel, subject to civil service laws, rules and
regulations: Provided that promotions and appointments to positions of Division Chiefs and above
shall be made by the Secretary of the DOJ upon the recommendation of the Commissioner,

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


information orders defined in Section 3(h) of this Act;

@ Delegate authority to subordinate immigration personnel and employees as may be
defined in the IRR;

‘a. Act on applications for of visas with the concurrence of the Board;
Act on application for study and work permits;
°
© Control the opening and closure of posts, landing places, airports or ports classified as
points of entry or exit, whether limited or unlimited;

O) Increase, reduce or waive immigration fees, fines, penalties and other charges;

7) Issue Certificates of Naturalization and Identification to foreign nationals who have been
Granted Philippine citizenship;

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

@ ‘Seek the assistance of relevant agencies of the government for intelligence data
gathering and sharing;
@ ‘Authorize and prescribe, with the concurrence of the Board, the form and the amount of

cash bonds for the provisional release of respondents in deportation proceedings;

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

0) Accept donation of materials, equipment or technical services from any foreign
government, international or domestic organization, to upgrade the efficiency and operations of the
Bureau;

(m) Provide an express lane system for the rendition of services performed for individuals and
entities upon payment of fees he/she may prescribe and to deposit in an authorized government
depository bank all such fees received under a trust fund subject to auditing and accounting rules that
may be made available for the payment of allowances to the employees of the Bureau;

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

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

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

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


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

(s)_ Require all airlines to submit advance passenger information in the form prescribed by the Board
and prescribe penalty for the violation hereof;

(t) Engage foreign counterparts pertaining to border control; and
(u) Perform such other functions inherent to the Bureau.

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

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

‘SEC. 14. Creation of Positions and Compensation for Co-Terminus Officials and Employees. —
The following co-terminus positions are hereby created for the Office of the Commissioner and Deputy
Commissioners, except for Executive Officer Ill/Board Secretary which shall be assigned only to the
Office of the Commissioner. The basic monthly compensation of the following co-terminus officials
and employees shall be as follows:

POSITION ‘SALARY GRADE
Head Executive Assistant 27
Executive Assistant VI 25
Executive Assistant V 24
Executive Assistant IV 22
CHAPTER 4

‘THE INTERNAL AFFAIRS

SEC. 15. Qualifications of the Head, Internal Affairs Service (IAS). - An Internal Affairs
Service (IAS) of the Bureau is hereby created which shall be headed by a Director who must be a
natural-bomn citizen of the Philippines, at least thirty (35) years of age and a member of the Philippine
Bar in good standing at least five (5) years prior to the appointment.

‘SEC. 16. Powers and Functions of the IAS:

(©) Conduct inspections and audit on BI personnel and units;

(d) Conduct summary hearings on personnel of BI facing administrative charges;

(e) _ Investigate complaints and gather evidence in support to an investigation;

() File appropriate criminal cases against BI personnel before the court as evidence
warrants and assist in the prosecution of the case; and

(9) _ provide assistance to the Office of the Ombudsman in cases involving the personnel
of the Bureau,

CHAPTER 5
THE BOARD SECRETARY

SEC. 17. Qualifications of the Board Secretary. ~ There shall be a Board Secretary of the Board of
Commissioners who must be a natural-born citizen of the Philippines, at least thirty (30) years of age
and a member of the Philippine Bar in good standing at least five (5) years prior to the appointment.

SEC. 18. Powers and Duties. - The Board Secretary shall:

(a) _ Attend in and take minutes of all meetings of the Board:
(b) Prepare the agenda for the deliberations of the Board on Visa application;


(©) __ Prepare the agenda for the deliberations of the Board on deportation cases as
‘endorsed by a Member of the Board after initial review;

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

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

() _ Advise the members of the Board on all matters relative to compliance with relevant
laws and requirements of regulatory authorities; and

@ _Allother functions as may be directed by the Board.

CHAPTER 6
‘THE BOARDS OF SPECIAL INQUIRY

SEC. 19. Constitution of the Boards of Special Inquiry. - There shall be constituted as many
Boards of Special Inquiry (BS!) as required in the exigency of service as determined by the Board.
Each Board shall be composed of a Chairperson and two (2) members. The Overall Chairperson 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. 20. 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. 21. Powers and Functions of the BSI. - The BS! shall:

(a) Recommend to the Board for final resolution cases and applications relative to:
(1) Deportation;
(2) Revocation of immigration status;
(8) Recognition of Philippine citizenship by reason of birth, or marriage;
(4) Legalization of residence in accordance with law; and
(6) Issuance of visa for stateless person.

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

© In the exercise of its quasi-judicial, cite and punish persons for contempt in accordance
with the Rules of Court;

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

© Administer oaths;

oO Promuigate rules and regulations governing matters within its assigned mandate subject
to the approval of the Board; and

3) Perform such other duties and functions as may be directed by the Commissioner and
the Board.

SEC. 22. 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. 23. Resolutions of the BSI. - Cases before the BSI shall be resolved within five (5) working
days from the date the cases are submitted for resolution. The resolution of the BSI shall be
‘submitted immediately to the Board for action,

‘SEC. 24. Creation of Positions; BSI, — The following positions with the corresponding salary grades
are hereby created under the BSI:

POSITION ‘SALARY GRADE
‘Special Inquiry Officer 11 25
‘Special Inquiry Officer | 24



CHAPTER 7
DIRECTORATES AND OTHER OPERATING OFFICES OF THE BUREAU

‘SEC. 25. Directorates and Other Operating Offices of the Bureau. — The Bureau shall have the
following directorates and other operating offices, namely:

A. Directorates:
(1) Administration;
(2) Alien Registration;
(3) Finance and Logistics;
(4) Human Resource Management and Development;
(6) __ Immigration Regulation;
(©) _ Information and Communications Technology;
(7) _ Intelligence;
(8) LawEnforcement;
(9) Legal Affairs; and
(10) Planning and Research.

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

C. Districts:
a)
2)

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

‘SEC. 27. Duties and Functions of the Directorates, Regional Offices, Districts, Field Offices
and Other Operating Offices. - The different directorates and other operating offices of the Bureau
shall have such number of officers and as may be defined by the Board to ensure the effective
performance of their respective manda

CHAPTER 8
ADMINISTRATION

‘SEC. 28. Chief Administrative Officer. ~ No person shall be appointed to the position Chief,
‘Administrative Officer unless such person meets the qualification standards set by the Bureau. The
‘Administrative Officer shall perform the following duties:

(a) Develop administrative support strategy for the Bureau;

(b) Implement administrative support strategy;

(©) Coordinate all administrative function; and

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

‘SEC. 29. Creation of Positions; Directorate for Administration. - The following positions with the
corresponding salary grades are hereby created under the Directorate for Administration:

POSITION ‘SALARY GRADE
Chief Administrative Officer 28
‘Supervising Administrative Officer 26
Immigration Administrative Officer IV 24
Immigration Administrative Officer I 15
Immigration Administrative Assistant III 13
immigration Aide V 13
Immigration Administrative Assistant Ii 12



immigration Aide IV 2
Immigration Aide It 1
Immigration Administrative Assistant | 10
Immigration Aide Il 8
CHAPTER 9
ALIEN REGISTRATION

‘SEC. 30. Chief Alien Registration Officer. - No person shall be appointed to the position of Chief
Alien Registration Officer unless such person meets the qualification standards set by the Bureau.
The Chief Alien Registration Officer shall perform the following duties:

(@) Formulate plans and programs for the implementation of the Alien Registration
Program;

() _ Establish policies for the effective monitoring of Aliens;

(©) Come up with measures for the proper accounting of Aliens; and

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

‘SEC. 31. Creation of Positions; Alien Registration Directorate. - The following positions with the
corresponding salary grades are hereby created under the Alien Registration Directorate:

POSITION SALARY GRADE
Chief Alien Registration Officer 28
‘Supervising Immigration Officer 26
immigration Officer IV 24
Immigration Officer III 21
Immigration Officer It 19
Immigration Officer | 17
Immigration Inspector 15
Immigration Assistant 15
Immigration Agent | 13
CHAPTER 10
FINANCE AND LOGISTICS

SEC. 32. Chief Finance and Logistics Officer. — No person shall be appointed to the position of
Chief, Finance and Logistics Officer unless such person meets the qualification standards set by the
Bureau. The Chief, Finance and Logistics Officers shall perform the following duties:

(@) __ Plans and supervises the implementation of policies pertaining to procurement, fiscal
management, auditing and accounting in support of the overall plan and strategic direction of the
Bureau;

(b) Direct and Manage all the procurement activities of the Bureau;

(©) Implement sound fiscal policy;

(d) Supervise the preparation of the Annual Procurement Plan;

(€) Initiate Projects in the furtherance of the improvement of the Bureau;

() Set performance targets for the Bureau in order to meet the objectives, plans and
programs; and

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

SEC. 33. Creation of Positions; Directorate for Finance and Logistics. - The following positions
with the corresponding salary grades are hereby created under the Directorate for Finance and
Logistics:

POSITION ‘SALARY GRADE
Chief Finance and Logistics Officer 28
‘Supervising Administrative Officer 26
Immigration Administrative Officer IV 24
Immigration Accountant Il 22

10


immigration Accountant | 19

immigration Administrative Assistant I 15

[immigration Aide IV 14

Immigration Administrative Ill 13

immigration Administrative Il 12

Immigration Administrative | 10
CHAPTER 11

HUMAN RESOURCE MANAGEMENT AND DEVELOPMENT

‘SEC. 34, Human Resource Management Officer. - No person shall be appointed to the position of
Human Resource Management Officer unless such person meets the qualification standards set by
the Bureau. The Human Resource Management Officers shall perform the following duties:
(@) Develop and execute human resource strategies in support of the overall plan and
strategic direction of the Commission especially in the areas of selection, hiring and
promotion;
(©) Design employee training modules;
(©) Develop comprehensive strategic recruiting and retention plans to meet the human
capital of strategic goals;
() Oversee the recruitment, selection and promotion of employees;
(@) Prepare schemes to strengthen the relationship between management and
employees;
() Set qualification standards and implement competency-based hiring and promotion
policies;
(@)__ Set performance standards for the employees of the Commission in order to meet the
objectives, plans and programs of the Commission; and
(h) Perform such other tasks as may be directed by the Commissioner.

SEC. 35. Creation of Positions; Directorate for Human Resources Management and
Development. ~ The following positions with the corresponding salary grades are hereby created
under the Directorate for Human Resources Management and Development:

POSITION SALARY GRADE
Chief Human Resource Management Officer 28
[Supervising Human Resource Management Officer 25
‘Human Resource Management Officer Ii 23
‘Human Resource Management Officer Il 21
‘Human Resource Management Officer | 7
HR Management Assistant 15
CHAPTER 12
IMMIGRATION REGULATION

SEC. 36. Chief Immigration Officer, Immigration Regulation Directorate (IRD). ~ No
person shall be appointed to the position of Chief Immigration Officer, IRD unless such person meets
the qualification standards set by the Bureau. The Chief, Immigration Officer, IRD shall perform the
following duties:

(a) Formulate plans and programs for the effective enforcement of immigration laws
relating to the admission, sojourn and exit of Aliens;

(b) __ Establish policies for the effective monitoring of all commercial vessels while in
Philippine territory;

(©) Oversee and supervise all Regional, District, Field Offices and Border Crossing
Stations;

‘a. Maintain administrative control of Aliens admitted for limited periods;

() Represent the Bureau in the enforcement of the RP-Indonesian Agreement and the
RP-Malaysian Anti-Smuggling Agreement; and

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

‘SEC. 37. Creation of Positions; Immigration Regulation Directorate. - The following positions
with the corresponding salary grades are hereby created under the Immigration Regulation
Directorate:


POSITION ‘SALARY GRADE
Chief immigration Officer IRD 28
‘Supervising Immigration Officer 26
Immigration Officer IV 24
Immigration Officer Ii 24
Immigration Officer I 19
Immigration Officer | an
Immigration Inspector 15
Immigration Assistant 15
Immigration Agent | 13

CHAPTER 13

INFORMATION AND COMMUNICATIONS TECHNOLOGY

‘SEC. 38. Chief Information and Communications Technology Officer. - No person shall be
appointed to the position of Chief Information and Communications Technology Officer unless such
person meets the qualification standards set by the Bureau. The Chief Information and
‘Communications Technology Officer shall perform the following duties:
(a) — Formulate policies, plans and programs on management information systems,
network, cyber-security, information and communications technology resources of the
Bureau;
(&) Supervise the implementation of all the Information Technology projects of the
Bureau;
(©) __ Review, evaluate and recommend for approval of the Commissioner the integration of
all existing information and communications systems of the Bureau;
(@) Initiate conduct of ICT research, development and standardization; and
(e) _ Perform such other tasks as may be directed by the Commissioner.

‘SEC. 39. Creation of Positions Directorate for Information and Communications Technology. ~
The following positions with the corresponding salary grades are hereby created under the Directorate
for Finance and Logistics:

POSITION ‘SALARY GRADE
Chief information and Communications Technology Officer 28
Information and Communications Technology Officer I 26
Information and Communications Technology Officer | 24
Immigration Information System Analyst 22
Immigration Computer Programmer Il 19
Immigration Information Technologist I 19
Immigration Computer Programmer | 17
Immigration Information Technologist 1 17

CHAPTER 14
INTELLIGENCE

SEC. 40. Chief, Immigration Officer for Intelligence. ~ No person shall be appointed to the position
of Chief, Immigration Officer for Intelligence unless such person meets the qualification standards set
by the Bureau, The Chief, Immigration Officer for intelligence shall perform the following duties:

‘a. Develop plans and programs for the gathering/collating of intelligence objectives through
effective management of all intelligence and counter-intelligence activities of the Bureau;
Manages the conduct of intelligence and counter-intelligence activities of the Bureau;

Serves as the linkage with foreign counterparts and embassies with the Bureau;
Initiate development of intelligence training modules; and
Perform such other tasks as may be directed by the Commissioner.

gaog

‘SEC. 41. Creation of Positions; Directorate for Intelligence. ~ The following positions with the
corresponding salary grades are hereby created under the Directorate for Intelligence:

12


POSITION SALARY GRADE
Chief immigration Officer for Intelligence 28
‘Supervising Immigration Officer 26
Immigration Officer IV 24
Immigration Officer Ii 21
immigration Officer It 19
Immigration Officer | 17
Immigration Inspector 15
Immigration Assistant 15
Immigration Agent | 13

CHAPTER 15
LAW ENFORCEMENT

‘SEC. 42. Chief Immigration Officer for Law Enforcement. - No person shall be appointed to the
position of Chief, immigration Officer for Law Enforcement unless such person meets the qualification
standards set by the Bureau. The Chief, Immigration Officer for Enforcement shall perform the
following duties:
‘a. Develop plans and programs for effective law enforcement actions against foreign nationals
who violate immigration law, rules and regulations;
b. Exercises command, control, direction, coordination and supervision of all law enforcement
activities such as deployment and employment of personnel.
c. Initiate the development of law enforcement training modules;
d. Establish an effective monitoring too! for fugitives and undesirable foreigners; and
e. Perform such other tasks as may be directed by the Commissioner.

SEC. 43. Creation of Positions Directorate for Law Enforcement. - The following positions with
the corresponding salary grades are hereby created under the Directorate for Law Enforcement:

POSITION ‘SALARY GRADE
Chief Immigration Officer for Law Enforcement 28
‘Supervising Immigration Officer 26
Immigration Officer IV 24
Immigration Officer I 21
Immigration Officer I 19
Immigration Officer | 7
Immigration Inspector 15
Immigration Assistant 15
Immigration Agent | 13
CHAPTER 16
LEGAL AFFAIRS

‘SEC. 44. Chief immigration Officer for Legal Affairs. ~ No person shall be appointed to the
position of Chief immigration Officer for Legal Affairs unless such person meets the qualification
standards set by the Bureau. The Chief Immigration Officer for Legal Affairs shall perform the
following duties:

(@) Serve as the legal counsel of the Bureau in coordination with the Office of the
Solicitor General;
(b) Develop guidelines for the Summary Deportation of Foreign Nationals who

re

overstaying, undocumented, convicted of crime involving moral turpitude, convicted of a
crime where the penalty of deportation is imposed and fugitives;

(©) Assign prosecutors for regular deportation;

(d) Implementation of Deportation Orders:

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

3


SEC. 45. Creation of Positions; Directorate for Legal Affairs - The following positions with the
corresponding salary grades are hereby created under the Directorate for Human Resources
Management and Development:

POSITION ‘SALARY GRADE
Chief Immigration Officer for Legal Affairs 28
Immigration Prosecutor IV 27
Immigration Prosecutor til 26
Immigration Prosecutor Il 25
immigration Prosecutor | 24
CHAPTER 17
PLANNING AND RESEARCH

SEC. 46. Immigration Research Specialist. - No person shall be appointed to the position of
Immigration Research Specialist unless such person meets the qualification standards set by the
Bureau. The Immigration Research Specialists shall perform the following duties:

(a) Formulate and implement the planning programs, projects and processes;
(b) Facilitate and organize a strategic planning;
(©) Conduct workload assessment and forecasting;
(d) Provide assistance to the Board in the implementation and establishment of a risk
‘management process;
(@) Implement a monitoring feedback measurement and evaluation system for the
implementation of projects and programs;
(f) Represent the Board in meetings relating to Planning and Research; and
(@)_ Perform such other tasks as may be directed by the Commissioner.

‘SEC. 47. Creation of Positions; Directorate for Planning and Research. - The following
positions with corresponding salary grades are hereby created:

POSITION ‘SALARY GRADE
Chief immigration Research Specialist 28
‘Supervising immigration Research Specialist 25
Immigration Research Officer I 23
Immigration Research Officer I 21
Immigration Research Officer | 17
Immigration Research Assistant 15
CHAPTER 18
IMMIGRATION OFFICERS

SEC. 48. Immigration Officers, Immigration Inspectors and Immigration Agents. ~ The Bureau
shall employ an elite group of Immigration Officers who shall be assisted by Immigration inspectors.
and Immigration Agents in the performance of their duties and functions. No person shall be
‘appointed to the position of Immigration Officer, Immigration Inspector or Immigration Agent unless
such person meets the qualification standards set by the Bureau, which shall include the following
determinative factors in setting said qualification standards for each posit

a) Educational Attainment

b) Civil Service Eligibility

c) Relevant Experience

1. Training Basic

2. Advanced
3. Executive

d)

e) Agility

SEC. 49. Powers and Functions of Immigration Officers. - The Immigration Officers shall have the
following powers and functions:

4


@) 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;

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

© ‘Administer oaths in connection with the performance of their duties;

@) Search for foreign nationals on any vessel believed to be used to illegally bring foreign

nationals into the Philippines, and to take into custody without warrant any foreign national who in
one’s presence or view is entering or is about to enter the Philippines in violation of immigration and
related laws, rules and regulations;

©) ‘Act as control personnel with authority to prevent the departure of passengers who do not
‘comply with duly published departure requirements;

(f) Detect and report violations of the immigration and registration laws and, in appropriate cases,
take the required necessary actions upon the instructions of the Commissioner, including follow-up on
the stay of non-immigrants to prevent overstaying;

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

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

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

@ Locate and conduct surveillance against foreign nationals in violation of immigration laws, rules
and regulations;

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

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

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

(n) Conduct counter intelligence operations;

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

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

(@) Attend to the deportation of aliens;

(8) Monitor all arriving and departing suspected terrorists, drug couriers and members of crime
syndicate
(8) Assist and escort deportees, excluded passengers and transiting restricted passengers until
finally boarded;

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

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

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

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

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

SEC. 50. Deployment of Immigration Personnel Abroad— Within ninety (90) days from the
effectivity of this Act, the Department of Foreign Affairs and the Bureau shall promulgate the
implementing rules and regulations on the assignment and deployment of immigration officers 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 19
CAREER DEVELOPMENT PATTERN

‘SEC. 51. Career Development. The Bureau shall:


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

b)Create a continuing program to enhance the knowledge, skills and
‘competence of all personnel through a career advancement training and
education prior to their promotion; and

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

CHAPTER 20
OTHER OFFICES

SEC. 52. Field Offices of the Bureau. — The Bureau shall operate and maintain a field office in
each of the administrative or political regions including the National Capital Region.

‘SEC. 53. 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. 54. Border Control Checkpoints. - In addition to International Airports and Seaports there
shall be established Border Control Checkpoints which shall be manned by Immigration Officers
appointed as Border Control Officers by the Commissioner. The Border Control Checkpoints shall be
placed in specific areas in the Philippines which shall be determined by the Board. The Border Control
Officer shall perform the following functions:

@) Conduct immigration formalities to foreigners passing thu his area of
responsibility;

b) Enforce immigration laws, rules and regulations;

©) Coordinate with other law enforcement agencies in the enforcement of
immigration laws, rules, and regulations;

d) —_Apprehend and take into custody illegal entrants; and

) _ Perform such other function as directed by the Commissioner.

TITLE It
IMMIGRATION

CHAPTER 1
NON-IMMIGRANTS,

SEC. 55. 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
feasons 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.

16


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

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

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

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

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

(1) Persons eligible for E-1 Visa: The E-1 Visa shall be issued to the following
Classes of foreign nationals:
iHeads of State and/or Heads of Govemment and their personal
representatives;
Members of reigning royal families from countries recognized by the
Philippine Government;
iii,Governors-General, Govemors, and High Commissioners of dependent
territories and their personal representatives;
iv.Cabinet ministers and their deputies, and officials with cabinet rank of
ministers;
v.Presiding officers of national legislative bodi
viJustices or judges of the highest national judicial bodies;
vii.Diplomats and career consular officials on foreign assignment in the
Philippines;
viiiMilitary, naval, air and other attaches assigned to a diplomatic mission; and
ix Accompanying spouses and unmarried dependents of foreigners within the
abovementioned categories;

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

This category includes, inter alia, the following classes of foreign nationals:
Administrative and technical members of the staff of a diplomatic or consular
mission;
iiOfficials participating in programs under the auspices of the Philippine
Government or recognized international institutions; and
iii Accompanying spouses and unmarried dependents of foreigners within the
abovementioned categories;

(3) Persons eligible for E-3 Visa: The E-3 visa shall be issued to an official of a
foreign government recognized by the Philippines, is a national of the country whose

7


government he represents, and is proceeding to the Philippines on a short-term
basis in connection with official business for such foreign official's government.

This category includes, inter alia, the following classes of foreign nationals:
Diplomatic couriers regularly and professionally employed as such;
iiAll members of official special missions of a diplomatic character,
iii, Members of delegations proceeding to or from an intemational conference of
‘a diplomatic or official nature; and
iv.Such other officials going to the Philippines on diplomatic or official missions;

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

All visas under enumerated in Section 55(e) of this Act shall be exclusively issued and
renewed by the DFA, which shall also determine the type of E-Visa of Foreign Government
Officials not identified in the foregoing lists. The grant of immunities and privileges shall be
subject to applicable domestic and international law and intemational agreements to which
the 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 support and
education in the Philippines who seek to enter the Philippines temporarily for the sole purpose of
taking up a course of study higher than high school at a university, seminary, academy or college
accredited to admit such foreign students by the Commission on Higher Education in coordination
with the Bureau;

(9) 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 Accredited Intemational Organizations and Government Agencies (I
Visa): Foreign officials and staff of accredited intemational organizations, including their dependent
family members, staff, and household members shall be granted | Visas divided into four (4) types,
namely:

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

(2) Persons eligible for |-2 Visa: The |-2 visa shall be issued to the other officials and
staff of intemational organizations, as well as their accompanying spouses 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 intemational
organization upon its invitation; and

(4) Persons eligible for |-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.

18


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

All types of visas under Section 55(i) of this Act shalll be exclusively issued and renewed by the DFA,
which shall also determine the type of | Visa of officials and staff of International Organizations who
are not identified in the foregoing list. The grant of immunities and privileges shall be subject to
applicable domestic and international law, relevant Headquarters Agreements, and international
agreements to which the Philippines is a party.

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;

() Refugees (L-1 Visa) and Stateless Persons (L-2 Visa): Refugees as defined in Section 3
(Y) hereof shall be issued L-1 Visa. Stateless persons, whose admission for humanitarian reasons
and not inimical to public interest has been approved by the Commissioner or the President in such
‘cases and under such conditions as he may prescribe, shall be issued L-2 Visa;

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

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

All visas issued other than by the Bureau as provided by the respective governing laws shall be
‘subject to the reportorial requirements as prescribed by the Board. The Board shall likewise prescribe
Penalty for violation hereof.

CHAPTER 2
IMMIGRANTS

‘SEC. 56. Quota Immigrants. — Subject to the conditions set forth in this Act, there may be admitted
into the Philippines, immigrants, otherwise known as “quota immigrants”, not to exceed two hundred
(200) of any one nationality for any one calendar year and upon allotment by the Commissioner of the
corresponding quota number. In the allotment of quota numbers, the following order of preference
shall be observed

@ First Preference: Those whose service and qualifications show high educational
attainment, technical training, specialized experience, or exceptional ability in the sciences, arts,
professions, or business as would reasonably enhance and contribute substantial benefits
prospectively to the national economy, or cultural or educational interests or welfare of the
Philippines, including their family members, accompanying or following to join them, who shall
likewise be allotted individual quota number

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

0)


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

© Fourth Preference: Parents of foreign nationals who are lawful permanent residents of the
Philippines.

SEC. 57. Allotment of Quota. — The Commissioner shall, with respect to the first preference, allot
not more than fifty percent (50%) of the annual quota allotment up to the end of June each year:
Provided, That if the fifty percent (50%) is not utilized by the first preference, the balance thereof shall
be given to the second, third, and fourth preferences in accordance with Section 56 of this Act shall
be that of the country of which the immigrant is a national or a citizen. Any unused quota allotment for
a calendar year shall not be carried over and utilized for the ensuing calendar year.

SEC. 58. Basis in Determination of Quota Allotment. — The nationality of immigrants whose
admission is subject to the numerical limitation imposed by Section 56 of this Act shall be that of the
Country of which the immigrant is a national or a citizen. The nationality of immigrants possessing dual
nationality may be that of either of the two countries regarding them as a national or citizen if they
apply for a visa in a third country. if such immigrants apply for a visa within one of the two countries
regarding them as a national or citizen, their nationality shall be that of the country in which they filed
their application for a visa to enter the Philippines.

SEC. 59. Non-Quota Immigrants. — The following immigrants, known as “non-quota immigrants”,
may be admitted without regard to numerical limitation and immigration reciprocity:

@) The spouse of a Philippine citizen: Provided, That abandonment by the foreign spouse,
the failure to give support by the foreign spouse to the Filipino spouse and family, and the legal
separation or termination of the marital status by annulment, declaration of nullity of marriage or
divorce where the cause is attributable to the foreign spouse, shall constitute grounds for cancellation
of the immigrant visa issued to the foreign spouse;

o) A person of Filipino descent regardless of generation;

© A child born to a foreigner 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;

@ A child born subsequent to the i
parent, the visa not having expired or revoked;

lance of an immigrant visa to the accompanying

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

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

@ ‘Spouse, parent, children, legitimate siblings of a foreign nati il 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. 60. Status of Children Bom 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. 61. Status of Children Born to Non-immigrants. — A child born to parents who are both non-
immigrants shall be deemed a native-bom non-immigrant or temporary resident and may remain in

20


the Philippines only during the period of authorized stay of parents, unless the child reaches the age
of eighteen (18) years while continuously residing in the Philippines, in which case such child may
apply for naturalization under existing laws or for an appropriate visa.

CHAPTER 4
ADJUSTMENT OF STATUS.

SEC. 62. 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

(©) a quota immigrant visa, if such is the case, is immediately available to the foreign national at the
time of application, without the need of first departing from the Philippines.

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

‘SEC. 63. 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 shalll be included as part of the quota for the calendar year in accordance with Section 56 of this
Act

‘SEC. 64. Adjustment of Status, When Not Allowed. — Adjustment of status under this Act shall not
be applicable to:

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

(b) transients.

SEC. 65. Loss of Status. ~ A registered foreign national, except a temporary visitor, who fails to
retum to the Philippines within a period of one (1) year from departure shall lose the status granted
under Title Ill of this Act. Such foreign national may apply for an extension of the period within which
to retum prior to its expiration and pay the prescribed fees and charges in order to maintain the status
or type of visa granted.

CHAPTER 5
DOCUMENTATION AND ADMISSION OF NON-IMMIGRANTS

SEC. 66. 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 Consular Officer, if required, and such other relevant
documents as may be required under existing laws, rules, regulations, or multilateral or bilateral
agreements.

‘SEC. 67. 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 55(a) of this Act
shall not exceed fifty-nine (59) calendar days from the date of arrival, subject to bilateral, regional and
multilateral visa agreements entered into by the Philippines: Provided, That the conditions for
extensions and total period of authorized stay shall be prescribed by the Commissioner: Provided,
further, That during the foreign national's authorized stay, such foreign national: (a) shall not take any
‘employment, whether paid or unpaid; (b) shall not establish or join in any business; and (c) shall not

2


enroll or become a student at a school, college, university, academy, or other educational institution,
unless granted, upon proper application, a conversion to another immigration status provided under
this Act.

SEC. 68. 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 55() 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
DFA.

SEC. 69. Submission of Crew List and Passenger Manifest. - 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 Bureau, 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
Bureau, within a reasonable time prior to such departure, the crew list, passenger manifest and such
other information conceming 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. 70. 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 Personnel, any foreign crewmember employed on such vessel and, when required by the
immigration authorities, to detain such crewmember on board after inspection or to remove such
crewmember. No crewmember on board such vessel shall be discharged while the vessel is in port
without the permission of the Commissioner.

SEC. 71. 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 Office 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. 72. 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 shalll not be required of the following:

@) A child born subsequent to the issuance of a valid immigrant visa to the accompanying
parent;
) 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 re-entry permit, if the child is accompanied by either
parent within five (5) years from the date of the child's birth; and

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

CHAPTER 7
VISA ISSUANCE

2


‘SEC. 73. 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. 74. Visa Policy. — The policies governing the issuance, extension, renewal and conversion of
visas referred to in this Act shall be formulated by the Bureau and the DFA, when appropriate, in
consultation with concemed government agencies and offices.

SEC. 75. Visa Issuance Abroad. - All visas issued abroad shall be done by Consular Officers
assigned at Philippine Foreign Service posts in the following manner:

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

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

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

SEC. 76. Requirements for Physical and Mental Examination Prior to Issuance of Immigrant
Visa. - Prior to the issuance of an immigrant visa to any foreign national, the Consular Officer shall
require such person to submit to a physical and mental examination in accordance with such
regulations as may be prescribed by the Commissioner.

SEC. 77. Visa Validity Period. — A single-entry non-immigrant or immigrant visa issued by a
Consular Officer abroad pursuant to Section 75 of this Act shall be valid for a period not exceeding
three (3) months: Provided, That in prescribing the validity period of a single-entry non-immigrant visa,
the Consular Officer may allow a longer validity period based on reciprocity as accorded by the
foreign country to citizens of the Philippines who are within a similar class.

‘An immigrant visa may be replaced under the original number during the calendar year in which the
original visa was issued to a foreign national who establishes to the satisfaction of the Consular
Officer that the original immigrant visa was not used during the period of its validity for reasons
beyond the visa holder's control: Provided, That the foreign national is found by the Consular Officer
to be eligible for another immigrant visa and has paid all the fees.

SEC. 78. Denial of Visa; Grounds. — 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 the applicant fails to comply with the requirements of the
provisions of this Act.

‘SEC. 79. Revocation of Visa Issued by Consular Officer. — The Commissioner may, for valid cause
and upon confirmation by the DFA, revoke a visa issued by any Consular Officer. If the notice of
revocation is not received and the visa holder applies for admission into the Philippines, the
‘admission or entry of the foreign national shall be determined by the Immigration Personnel upon
arrival at the port of entry.

CHAPTER 8
RE-ENTRY AND EMIGRATION CLEARANCE

SEC. 80. Re-entry. — In all instances when a registered foreign national, except a temporary

visitor, departs or is about to depart temporarily from the Philippines with the intention to return within
one (1) year from departure, the foreign national must secure a re-entry permit or, if the authorized

2B


stay is less than one (1) year, a Special Return Certificate, and pay the corresponding fees and
charges therefor.

SEC. 81. Emigration Clearance. ~ A registered foreign national who departs permanently from the
Philippines shall surrender all Philippine immigration documents and apply for and be issued an
Emigration Clearance Certificate, subject to the following conditions:

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

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

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

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

CHAPTER 9
PRESIDENTIAL PREROGATIVES,

‘SEC. 82. Presidential Prerogatives. — Any provision of this Act to the contrary notwithstanding, the
President may:

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

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

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

(O) 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 may
be prescribed;

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

@ Exercise, with respect to foreign nationals in the Philippines, such powers as are
recognized by the generally accepted principles of intemational law.
TITLE IV

PROVISIONS RELATING TO ENTRY

CHAPTER 1
CLASSIFICATION OF PORTS OF ENTRY

‘SEC. 83. Authority to Classify Ports. - The Commissioner shall classify and designate, from among
the ports of entry established by law for immigration purposes, limited or unlimited ports of entry
through which foreign nationals may be admitted into the Philippines. Only such classes of foreign
nationals as provided under the rules and regulations prescribed by the Commissioner may be

m4


admitted at limited ports of entry. The Commissioner may, after due notice to the public, close
designated ports of entry in the interest of national security or public safety.

CHAPTER 2
PROCEDURES ON ARRIVAL

SEC. 84. Inspection by Immigration Personnel. — A foreign national seeking admission or
readmission shall present a valid passport and visa, if required, to the immigration Personnel at the
port of entry and shall be subject to primary inspection. The decision of the examining Immigration
Officer, if favorable to the admission of any foreigner, may be challenged by another Immigration
Officer on any ground provided in this Act. The final determination on the admissibility of such foreign
national shall be determined by the Commissioner within forty-eight (48) hours in case no resolution is
feached between the Immigration Officer on the challenged admission. In case of admission, the
Immigration Officer shall indicate in the passport the date, the port of entry and the identity of the
vessel boarded.

SEC. 85. Detention or Quarantine for Examination. — For the purpose of determining whether a
foreign national arriving at any port in the Philippines belongs to any of the classes excludable under
this Act by reason of being afflicted with any of the contagious or communicable disease or mental
disorder as set forth under Section 96(a) of this Act or whenever the Commissioner has received
information showing that foreigners are coming from a country or a place where any of such diseases
are prevalent or widespread, the foreigner shall be detained or quarantined for a reasonable period of
time to enable the immigration and medical officers to subject such person to observation and
examination.

SEC. 86. 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 96(a) of this Act shall be referred to designated medical officers for physical and mental
examination. Such medical officer shall certify the findings of the examination for the information of
‘the Immigration Officer.

‘SEC. 87. Arrival Notice Requirements of Vessel. — The immigration authorities shall be given prior
notice of the arrival of any civilian vessel before such vessel comes into any area in the Philippines
from any place outside thereof. Such prior notice shall not be required in the case of vessels with
scheduled arrivals filed with the Immigration Officer in charge at the international port of entry.

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

‘SEC. 88. Contents of Notice of Arrival. — The advance notice of arrival required in the preceding
section shall specify the following:

(a) ‘Type of vessel and registration marks;
©) Duly visaed crewiist;
ro) Passenger manifest;
@ Port of last departure;
e) International port of intended destination, or other place authorized by the Commissioner,
Oo Estimated time of arrival; and
@ Authorized agent or representative at the place of arrival.
CHAPTER 3
FOREIGN CREWMEMBER

SEC. 89. Conditional Permit to Disembark. — A foreign crewmember of a vessel under Section
55(c) of this Act may be granted a conditional permit, in a form prescribed by regulations, to
disembark temporarily from the vessel on which such crewmember arrived while the vessel remains in
port under such terms and conditions as may be prescribed by the Commissioner.

SEC. 90. 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

25


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

‘SEC. 91. Liability for Overstaying Foreign Crewmen. — A foreign crewmember who remains in
the Philippines in excess of the period allowed in the conditional permit issued shall be solidarily liable
with the owner, operator, captain, master, pilot, agent or consignee of the vessel to pay the penalties
prescribed in Section 139 of this Act.

SEC. 92. Liability for Unauthorized Discharge of Foreign Crewmember. — It shall be unlawful for
any person, including the owner, operator, captain, master, pilot, agent or consignee of any vessel to
discharge any foreign crewmember employed by a vessel arriving in the Philippines and while in port,
without first obtaining the prior permission of the Commissioner. Otherwise, such person or owner,
operator, captain, master, pilot, agent or consignee of the vessel shall pay such fines as may be
prescribed under this Act. No vessel shall be granted clearance from any port in the Philippines while
such fines remain unpaid or while the validity thereof is being determined: Provided, That a clearance
‘may be granted prior to such determination upon deposit of a sum or cash bond sufficient to cover
such fines as approved by the Commissioner.

SEC. 93. Duty to Report Desertion or Illegal Landing of Foreign Crewmember. —The owner,
operator, captain, master, pilot, agent or consignee of any vessel shall immediately report, in writing,
to the Immigration Officer all cases of desertion or illegal disembarkation in the Philippines from the
vessel, together with a description of such foreign nationals and any information that shall result in
their apprehension.

SEC. 94, Requirement for Submission of List of Newly Employed, Discharged and Illegally
Landed Foreign Crewmember. — Prior to the departure of any vessel from the last port in the
Philippines destined to any place outside thereof, the owner, operator, captain, master, pilot, agent or
consignee thereof shall deliver to the Immigration Officer at that porta list containing:

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

() The names of those who have been discharged, if any;
(©) The names of those who have deserted or illegally landed at that port, if any; and
(@) Such other additional information as the Commissioner deems necessary.

SEC. 95. Liability for Failure to Submit Complete, True and Correct Report. — The owner,
operator, captain, master, pilot, agent, or consignee who fails to submit a true and complete list or
‘report of foreign nationals or to report cases of desertion or illegal landing shall pay such sum as may
be prescribed under this Section 135 of this Act. No vessel shall be granted clearance from any port
in the Philippines while such fines remain unpaid or while the validity thereof is being determined:
Provided, that clearance may be granted prior to such determination upon deposit of a sum or cash
bond sufficient to cover such fines as approved by the Commissioner.

CHAPTER 4
EXCLUSIONS

SEC. 96. Exclusion Grounds. - The following classes of foreign national shall not be allowed entry
and shall be excluded from the Philippines:

(@) 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;

26


O)

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

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

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

(©) Moral Grounds

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

2. Those who are pedophiles, sexual perverts or those coming to the
Philippines for immoral purposes;

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

4, Those who, at the time of primary inspection, by the immigration Officer
exhibit any obnoxious behavior, contempt or disrespect for the said officer or any
government official or employee of the Bureat

(@) Criminal and Security Grounds

1. Those who have been convicted of a crime involving moral turpitude or who
admit to the Immigration Officer having committed such crime, or who attempt
and conspire to commit the crime;
2. Those who have been convicted, or who admit having committed, or are
‘committing acts which constitute the elements of a violation or conspiracy to
violate any law or regulation of the Philippines or a foreign country relating to a
controlled, regulated or prohibited substance, or who admit having attempted or
conspired to commit the crime;
3. Those that the Philippine Government knows or has reason to believe is a
trafficker of any controlled, regulated or prohibited substance or knows or has
reason to believe is or has been an accomplice, accessory, abettor, or co-
conspirator in the illicit trafficking of any controlled, regulated or prohibited
substance;
4. Those who are fugitives from justice;
5. Those who seek to enter the Philippines to engage in:
a.Espionage or sabotage, or a violation or evasion of any laws prohibiting
export of goods, technology or sensitive information;
bAny activity aimed to promote membership in an organization of syndicated
criminal activities;
Any activity, the purpose of which is to overthrow the Philippine
‘government by force, violence or other unlawful means; and
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 o representatives of a foreign
terrorist organization;
7. Those who have been identified by competent authorities, local or foreign, as
having engaged or are engaging in human trafficking and smuggling;
8. Those who are under fifteen (15) years of age and unaccompanied by or not
‘coming to a parent, except that they may be admitted at the discretion of the
‘Commissioner, if otherwise admissible: Provided, That they present a written
consent to travel from either parent citing the purpose thereof and affirmed by a
Consular Officer; and
9. Those who have been identified by competent authorities, local and foreign,
as having engaged or are engaging in importation of contrabands and other
prohibited articles into the country.

n


‘SEC. 97. Temporary Custody of Excludable Foreign Nationals. — For the purpose of ascertaining
whether @ foreign national arriving in the Philippines belongs to any of the excludable classes of
foreign national provided for in this Act or related laws, the Immigration Officer, for a period not
exceeding seventy-two (72) hours, may temporarily take into custody for investigation such foreign
national either on board the vessel or at a place designated for the purpose at the expense of the
‘master, captain, agent, owner or consignee of the carrying vessel.

SEC. 98. Finality of Exclusion Order. — An order by the Immigration Personnel to exclude a foreign
national who is excludable under this Act is final and executory unless revoked by the Commissioner
upon a timely appeal prior to the implementation of the exclusion order.

SEC. 99. Authority to Waive Grounds for Exclusion. — Except for grounds of exclusion under
Section 97(d), subparagraphs 1 to 7 and 9, the Commissioner may waive any of the grounds for
exclusion mentioned in Section 97 of this Act.

SEC. 100. Procedure of Removal and Cost Thereof. ~ Foreign nationals arriving in the Philippines
who are ordered excluded shall be immediately removed in the same accommodation to the country
‘where they boarded the vessel on which they arrived, unless the Commissioner determines that
immediate removal is not proper and practicable, in which case such excluded foreign nationals shall
be ordered detained. The cost of detention and other expenses incidental thereto shall be borne by
the owner, operator, master, pilot, captain, agent or consignee of the vessel on which such foreigners
arrived.

SEC. 101. 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, at the Commissioner's discretion to any of the following

@ The country which the excluded foreigner is a citizen or national;
0) The country of birth;

© The country of the foreign national's habitual residence; or

@ The country willing to accept the foreign national into its territory, if removal to any of

the foregoing countries is impractical or impossible.

SEC. 102. Obligation of Owner, Operator, Master, Captain, Pilot, Agent or Consignee. — It shall
be unlawful for an owner, operator, master, captain, pilot, agent, or consignee of a vessel to refuse or
fail to:

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

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

© Deliver a foreign national for medical or other examinations when so ordered by an
Immigration Officer;

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

(O} Pay the cost of detention and other expenses incidental thereto incurred while the
excluded foreign national is being detained as required by Section 98 of this Act or other costs
necessary or incidental to his removal as provided in this Act.

‘SEC. 103. Penalty for Non-compliance of Obligation. — The owner, operator, master, captain,
pilot, agent, or consignee of a vessel who violates Section 102 of this Act shall pay the fines
prescribed in Section 135 of this Act. No vessel shall be granted clearance from any port in the
Philippines while such fines remain unpaid or while the validity thereof is being determined:

28


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.

TITLEV
DEPORTATION

CHAPTER 1
DEPORTABLE FOREIGN NATIONALS

SEC. 104, Classes of Deportable Foreign Nationals. ~ The following foreign nationals shall be
taken into custody upon the order of the Commissioner and deported upon recommendation by the
BSI and approval by the Board:

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

) Those who entered the Philippines who were not lawfully 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 who are pedophiles;

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

© ‘Those who remain in the Philippines in violation of any period of limitation or condition
under which they were admitted;

) Those who believe in, advise, advocate or teach the overthrowing by force and violence

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

@ Those who, at any time after entry, engage in, abet, aid o finance any terrorist activity;

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

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

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

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

0) 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;

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

29


requirements of the Bureau;

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

(0) Those who misrepresented themselves as Filipino citizens in all immigration matters; and,
0) Those who commit any violation of the provisions of this Act, independent of any

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

‘SEC. 105. Non-Prescription of Deportation Cases. ~ The right of the State to initiate at any time
deportation proceedings shalll not prescribe.

SEC. 106. 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 before
‘competent authorities.

CHAPTER 2
DEPORTATION OF FOREIGN NATIONALS

SEC. 107. Formal Charge of Deportation. - A formal charge for deportation shall be issued upon
determination of the existence of a prima facie case against the foreign national.

SEC. 108. 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
n bail or recognizance. The bail may be revoked and confiscated in favor of the government if there
is sufficient evidence that the foreign national is evading the proceedings or is attempting to abscond,
in which case such foreign national shall be taken into custody and placed under detention by order of
the Commissioner.

SEC. 109. Custody of a Foreign National Convicted of a Felony or an Offense. - After service of
the sentence or compliance with the conditions of parole or probation, as the case may be, the foreign
national shall be taken into custody for immediate deportation by order of the Board.

SEC. 110. Voluntary Deportation, When Authorized. -The Commissioner may waive the
deportation proceedings and order the departure of the foreign national within the period specified in
the voluntary deportation order if the foreign national does not contest the formal charge and opts to
voluntarily leave the country and pays for all expenses: Provided, That the foreign national has not
committed any criminal offense or has no pending criminal investigation: Provided, further, That the
said foreign national so deported shall be barred from re-entering the country without prior written
authorization from the Commissioner.

SEC. 111. Period to Enforce Order of Deportation. - The order of deportation shall be enforced
immediately but in no case shall exceed three (3) months from the date it has become final and
executory. If deportation is not enforced within the prescribed period, the foreign national may be
released on bail or recognizance.

SEC. 112. 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:

(@) ‘Age, health, family or conduct;

() Period of detention;

© Impact on national security and public welfare;

@ Unavailability of travel documents;

©) Existence of an application for refugee or statelessness status; or

(0) Other humanitarian considerations.

30


SEC. 113. Reinstatement of a Deportation Order. — A deportation order previously implemented
against a foreign national who unlawfully re-entered the Philippines shall be deemed automatically
reinstated and shall be implemented in accordance with this Act. This provision shall also apply to a
foreign national who departed voluntarily under Section 110 and re-entered the Philippines unlawfully
or without prior written authorization from the Commissioner.

SEC. 114. Country of Destination of a Deportee. ~ Except as provided for under an existing treaty
or international agreement, a foreign national shall be deported to the country of which the person is a
citizen or national, or foreign national's country of birth, or the country of which the individual is a
resident, or the country from which the individual embarked for the Philippines, subject to the
acceptance by the receiving country.

SEC. 115. Cost of Deportation. - The cost of deportation shall be borne by the owner, operator,
captain, master, pilot, agent or consignee of a vessel in case its foreign crewmember is to be
deported under Section 104 of this Act. in all other cases, the cost of deportation shall be borne either
by the deportee, by the concerned consular office, nongovernment organizations or people's
organizations with the Bureau has an agreement on this matter, or from the appropriations for
the enforcement of this Act.

SEC. 116. Liability of Owner, Operator, Captain, Master, Pilot, Agent or Consignee of a Vessel.
— Failure or refusal on the part of the owner, operator, captain, master, pilot, agent or consignee of a
vessel to take on board, guard safely and transport the deporte to the foreign national's country of
destination, or to shoulder the cost of deportation of the foreign crew member as provided in the
preceding Section, shall be subject to the administrative fines prescribed under Section 135 of this
Act.

SEC. 117. Expenses of Accompanying Person. - The Commissioner may, for security reason or
by reason of the mental or physical condition of the deportee, direct an employee of the Bureau to
accompany such deportee to the country of the deportee's destination, subject to the provisions of
Section 117.

CHAPTER 3
INDIGENT FOREIGN NATIONAL

SEC. 118. Removal of Indigent Foreign National. — At any time after entry, the Commissioner may
remove indigent foreign nationals from the Philippines to the country of which they are citizens or
nationals, their country of birth, or their country of residence, as the case may be. The cost of
deportation may be charged against the available funds of the Office. Any foreign national removed
under this section shall be barred re-admission except upon written authorization of the Board of
‘Commissioners.

This provision shall not apply to a foreign national declared as an indigent by any Philippine court for
purposes of filing a case or to pursue an action which resulted in the individual's indigency until such
‘case or action is resolved with finality: Provided, That no other grounds for deportation exist during
the pendency of such case or action.

TITLE VI
MISCELLANEOUS PROVISIONS

CHAPTER 1
REGISTRATION OF FOREIGN NATIONALS

‘SEC. 119. Requirement of Registration. — All foreign nationals shall register with the Bureau or any
Immigration Office nearest to their place of residence on or before the sixtieth (60”) day of their latest
arrival in the Philippines.

SEC. 120. Registration Form and Oath. — Applications for registration shall be under oath and in
such form as prescribed by the Bureau. Upon registration, a certificate of registration shall be issued

31


to the registrant. In case of loss or destruction of the certificate, a replacement certificate may be
issued by the Bureau upon proper application and payment of prescribed fees.

SEC. 121. Amendment of Registration. — A registered foreign national shall notify the Bureau in
writing of any change of information in the person's registration documents not later than seven (7)
days from such change.

SEC. 122. Presentation of Certificate of Registration. — Every foreign national required to register
under this Act or the parent or guardian of such foreign national shall, upon demand by any personnel
authorized by the Commissioner, present a certificate of registration of such individual, and failure to
do so without justifiable cause shall be dealt with in accordance with the provisions of this Act.

SEC. 123. Reportorial Requirements. — Every foreign national registered under this Act shall,
within the first sity (60) days of every calendar year, report in person to the Bureau. 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. 124, Failure to Comply with Requirements. — A foreign national, or the parent or guardian of
the foreign national, who, without justifiable reason, fails to comply with all the requirements under this.
Act, or who files an application for registration containing statements known by the individual to be
false, or who utilizes registration documents other than that of the individual, shall be dealt with in
accordance with the provisions of this Act and other existing laws.

SEC. 125. Cancellation of Registration of Foreign National. — in case of death of a foreign
national registered under the provisions of this Act, the legal heir, representative or administrator of
the foreign national must inform the Office within sixty (60) days from such death, and the Bureau
shall cancel the registration of the deceased foreign national. The Local Civil Registrar or other civil
registry officer of the locality where said foreign national died shall furnish the Bureau with a copy of
the Certificate of Death within thirty (30) days from issuance thereof. Failure on the part of the persons.
concemed to comply with the requirements specified in this Section shall be dealt with pursuant to the
provisions of existing laws.

CHAPTER 2
BONDS AND DEPOSITS

SEC. 126. Bonds, When Required. — The Bureau shall have the authority to require cash bonds in
such amounts and under such conditions as it may prescribe in order to:

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

0) insure against foreign passengers liable to be excluded as likely to become public

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

‘SEC. 127. Requirement of Cash Deposits for Services Rendered. - The Bureau shall likewise
have the authority to require cash deposits in such amounts as may be necessary from a vessel's
‘owner, operator, captain, master, pilot, agent, or consignee or other persons served for services
rendered as established by the implementing rules and regulations.

‘SEC. 128. Cancellation and Forfeiture of Bonds. - When the conditions of the bond are fulfilled, or
in case the Commissioner determines that the likelihood that a foreign national shall become a public
charge no longer exists, or in case of death of the foreign national in whose behalf the bond is posted,
the bond shall be cancelled and released to the depositor or the legal representative of the foreign
national. In case of violation of the conditions of the bond, the same shall be forfeited and deposited in
a trust fund account which may be utilized for the purchase of passage tickets for the removal of
indigent foreign nationals and to cover the costs of operations in locating deportes who jump bail.

CHAPTER 3
RECOGNIZANCE.

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SEC. 128. Petitions for Recognizance, Sanction for Breach of Conditions. — The Commissioner
may order the release of a foreign national upon recognizance of the foreigner's lawyer or a person
‘who is of good standing in the community, under such terms and conditions as the Board may
prescribe. Failure to comply with the terms and conditions of the recognizance shall subject said
lawyer or person to a fine of not less than Fifty thousand pesos (P50,000.00) but not more than One
hundred thousand pesos (P100,000.00), without prejudice to other administrative sanctions or
proceedings against the erring party.

CHAPTER 4
COOPERATION AND COORDINATION WITH OTHER OFFICES

SEC. 130. Working Cooperation with the Department of Foreign Affairs. — For purposes of
efficient implementation and administration of this Act, the Bureau shall maintain a working
cooperation with the DFA.

SEC. 131. Working Cooperation with the Commission on Higher Education (CHED). - The
Bureau shall maintain a working cooperation with the CHED with respect to the accreditation of
schools and learning centers for enroliment of foreign students as authorized under this Act.

SEC. 132. Working Cooperation with the Civil Aviation Authority of the Philippines (CAAP). ~
The Bureau shall maintain a working cooperation with the CAAP with respect to accreditation of flying
schools for the enrollment of foreign students.

SEC. 133. Coordination with Law Enforcement, Security and Other Offices. — The
‘Commissioner shall have the authority to maintain coordination with the National Security Council, the
Philippine National Police (PNP), and other law enforcement agencies of the government,

CHAPTER &
FEES AND CHARGES

‘SEC. 134. Authority of the Board to Prescribe, Impose and Collect Fees and Charges. — The
Board is authorized to prescribe, impose and collect fees and charges for services rendered pursuant
to the provisions of this Act.

CHAPTER 6
ADMINISTRATIVE FINES

SEC. 136. Fine for Failing to Submit Crew List or Passenger Manifest, or Failure to
Account Every Passenger and Crew. — Any owner, operator, master, captain, pilot, agent, or
consignee of a vessel arriving at any port in the Philippines from a place outside thereof who fails to
submit to the immigration authorities a complete and accurate crew list or passenger manifest, or fails
to produce or account every crewmember or passenger whose name appears in said list or manifest
shall be subject to fines of One hundred thousand pesos (P100,000.00) and Fifty thousand pesos
(50,000.00) for each unaccounted person, respectively

‘SEC. 136. Fine for Violation of Obligation on the Landing or Removal of Foreign Nationals. —
Any owner, operator, master, captain, pilot, agent, or consignee of any vessel arriving at a port of the
Philippines from a place outside thereof having a foreign national on board in violation of this Act shall
be fined not less than Fifty Thousand pesos (P50,000.00) but not more than Two hundred thousand
pesos (P200,000.00) for each act or violation consisting of:

@) 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;

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

© Refusal or failure to deliver a foreign national for medical or other examinations when
so ordered by an Immigration Personnel;

@ Refusal or failure to pay the cost of maintenance and other costs, as required by this

Act, of such foreign national when temporarily removed from the vessels for examination by order of
the Immigration Officer;

3


(O} Refusal to receive such foreign national on board for removal from the Philippines if the
foreign national is excluded, or to pay the cost of removal as required under Section 101 and 116 of
this Act;

O) Refusal or failure to take on board, guard safely and transport the deporte to the
foreign national's country of destination, or to shoulder the cost of deportation of the foreign crew
member,

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

SEC. 137. Fine for Bringing Undocumented Foreign National, or Foreign National Afflicted with
Communicable or Contagious Disease, or Suffering from Mental Disorder. — The owner,
operator, master, captain, pilot, agent, or consignee of the vessel arriving at a port in the Philippines
from a place outside thereof bringing on board an undocumented foreign national shall be fined One
hundred thousand pesos (P100,000.00) for each foreign national. If the foreign national is afflicted
with a communicable or contagious disease or is suffering from mental disorder, the fine shall be not
less than Two hundred thousand pesos (P200,000.00) but not more than Three hundred thousand
pesos (P300,000.00) for each foreign national

SEC. 138. Fine for Bringing a Foreign National to Assist His Illegal Entry or Misrepresenting a
Foreign National as a Member of the Crew. — The owner, operator, master, captain, pilot, agent, 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 foreign national to the Immigration Officer at the port of arrival as a bona fide
member of the crew, shall be fined not less than One hundred thousand pesos (P'100,000.00) but not
more than Two hundred thousand pesos (200,000.00) for each foreign national.

SEC. 139. Fine for an Overstaying Crewmember. — Any foreign crewmember who wilfully remains
in the Philippines beyond the period allowed for temporary landing shall be fined not less than Fifty
thousand pesos (P50,000.00) but not more than One hundred thousand pesos (P100,000.00). The
‘owner, operator, master, captain, pilot, agent, or consignee of the vessel shall be solidarily liable for
the fine imposed on such overstaying crewmember.

‘SEC. 140. Fine for Assaulting an Immigration Personnel — Any form of assault directed to any
personnel of the Bureau is an act of disrespect. In case the assault is committed by a foreign national
at the ports of entry and exit, such foreign national shall be excluded or deported, as the case may be,
and shall be fined Two Hundred Thousand Pesos (Php 200,000.00) without prejudice to the right of
the aggrieved Immigration Personnel to file appropriate criminal, civil or administrative cases against
such person.

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

‘SEC. 141. Fine for Violation of Other Provisions of this Act. — The owner, operator, master,
captain, pilot, agent, or consignee of any vessel arriving at any port of the Philippines from a place
outside thereof who violates any other provision of this Act not specifically provided in this Chapter
shall be fined not less than Fifty thousand pesos (P50,000.00) but not more than Two hundred
thousand pesos (P200,000.00) for each violation,

CHAPTER 7
PENAL PROVISIONS

SEC. 142. Prohibited Acts and Penalties. - Any person who shall commit any of the acts specified
hereunder shall, upon conviction, suffer the penalty of imprisonment for not less than five (5) years
but not more than ten (10) years, or a fine of not less than One hundred thousand pesos
(P'100,000.00) but not more than Five hundred thousand pesos (P500,000.00), or both imprisonment
and fine, at the discretion of the court:

(@) Impersonating another individual, or falsely appearing in the name of a deceased

individual, or evading immigration laws by using an assumed or fictitious name when applying for an
immigration document;

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

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

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

© Misrepresenting oneself to be a citizen of the Philippines;
0) Knowingly making any false statement under oath regarding any immigration matter; or
@ Bringing into, or landing in the Philippines, or concealing, harboring, employing, or

giving comfort to, any person not duly admitted by an Immigration Personnel or not lawfully entitled to
enter into or reside within the Philippines, or attempting, conspiring with, or aiding another to commit
any such acts.

Where the offender of any acts specified in paragraph (g) of this section is a corporation, partnership
or other juridical entity, the president, general manager, managing partner, or chief executive officer
thereof shall be held liable. Dismissal of the employee by the employer before or after apprehension
shall not relieve such employer from any liability arising from the offense: Provided, That if the
offender is the owner, operator, master, captain, pilot, agent, or consignee, or other person in charge
of the vessel that brought the foreign national into the Philippines from any place outside thereof, the
fine imposed under this section shall constitute a lien against the vessel which may be enforced in the
same manner as fines are collected and enforced under existing laws. Such vessel shall not be
allowed to depart without prior clearance issued by the Bureau. Where forfeiture is justified under the
particular circumstances of the case, the forfeiture of the vessel in favor of the government in lieu of
the fine shall be decreed.

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

SEC. 143. Penaity for Aiding the Escape of Detained Foreign National. — Any person who shall
be found to have helped, assisted, supported, caused or ministered the escape, including harbouring
and concealing, of a foreign national shall, upon conviction, be imprisoned for not less than five (5)
years but not more than ten (10) years a fine of not less than Two hundred thousand pesos
(200,000.00): Provided, That if the person liable is a foreign national, such person shall be deported
afer service of sentence: Provided further, That any tools, equipment, implements or vehicles used in
the escape of a detained foreign national shall be destroyed or forfeited in favor of the government.

‘SEC. 144. Penalty for Non-compliance of Subpoena. — Any person who, having been duly served
with a subpoena, fails to comply without valid and justifiable reasons shall suffer the penalty of
imprisonment of not more than fifteen (15) days or a fine of not more than One thousand pesos
(P1,000.00), or both, at the discretion of the court.

SEC. 145. Imposition of Maximum Penalty, When Applicable. ~ A person convicted under
Republic Act No. 3019, as amended, otherwise known as the “Anti-Graft and Corrupt Practices Act”,
‘or other laws against corruption and bribery in relation to any violation or circumvention of any
provision of this Act shall suffer the maximum penalty under the said Republic Act or other laws
against corruption and bribery, as the case may be.

CHAPTER &
UPGRADING OF COMPENSATION AND BENEFITS

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SEC. 146. Creation of New Positions, Reclassification of Existing Positions and
Upgrading of Salary Levels. — The following positions in the Bureau are hereby created, and the
existing positions reclassified, with the corresponding salary grade levels:

EXISITING POSITION RECLASSIFIED POSITION SALARY GRADE
‘Commissioner ‘Commissioner I 30
Deputy Commissioner ‘Commissioner Ii 29
‘Attomey V Chief Special inquiry Officer 28
(Board of Special Inquiry) (Overall Chairperson, BSI)_

Chief Administrative Officer Chief Administrative Officer 28
(Administrative Division) (Director for Administration)
Chief Administrative Officer ‘Chief Finance and Logistics Officer
(Finance and Management (Director for Finance and Logistics) 28
Division)
Information Technology Chief Information and Communications
Officer II! Technology Officer 28
(Director for ICT)
Immigration Officer Chief Alien Registration Officer (Director for 28
(Alien Registration Division) __| Alien Registration)
Chief immigration Officer Chief Immigration Officer for immigration 28
(immigration Regulation | Regulation
Division) (Director for immigration Regulation)
Chief Inteligence Officer Chief Immigration Officer for Intelligence 28
| (intelligence Division) (Director for Intelligence)
Attorney V Chief Immigration Officer for Legal Affairs 2
(Director for Legal Affairs)
Chief Immigration Officer for Law 28
Enforcement
(Director for Law Enforcement)
Director IAS 28
Chief Planning and Research Specialist 28
(Director for Planning and Research)
Chief Human Resource and Management
Officer
(Director for Human Resource Management
and Development)
Regional Director Pu
Attomey IV (BSI) ‘Special Inquiry Officer IV 27
(Chairperson, BS!)
Attomey IV (Legal Division) ration Prosecutor IV 27
‘Attomey Ill (BS!) ‘Special inquiry Officer Ill 26
(Member, BS!)
‘Attorney Til (Legal Division) Immigration Prosecutor Il 26
‘Supervising immigration Officer | Supervising Immigration Officer 26
‘Supervising Administrative | Supervising Administrative Officer 26
Officer
Medical Officer Ii immigration Physician 25
‘Supervising Human Resource Management 26
Officer
Deputy Director IAS 26
District Supervisor 26
‘Attomey Il (Legal Division) Immigration Prosecutor i 25
Intelligence Officer IV ‘Senior Immigration Officer 25
‘Accountant Il Immigration Accountant V 25
Dentist it Immigration Dental Officer 25
‘Supervising Immigration Research 25
Specialist

‘Attomey | (Legal Division)

Immigration Prosecutor |

x

36



‘Senior Immigration Officer

immigration Officer 1V

24

‘Administrative Officer IV Immigration Administrative Officer IV 24
Information Technology Officer! | Information and Communications. 24
Technology Officer |
‘Nurse i immigration Healthcare Officer 23
Immigration Research Officer iil 23
HR Management Officer Ii 23
‘Recountant i Immigration Accountant i 22
Information System Analyst Immigration Information System Analyst 22
Immigration Officer Ii Immigration Officer It 21
Immigration Research Officer i 21
HR Management Officer I 2
‘Accountant | Immigration Accountant | 19
‘Computer Programmer Ii Immigration Computer Programmer il 19
‘Computer Maintenance | Immigration Information Technologist Il 19
Technologist Il
Immigration Officer Il
Intelligence Officer It Immigration Officer i 19
‘Special Investigator I
Immigration Officer |
Intelligence Officer I Immigration Officer | 7
ial Investigator |
Fingerprint Examiner IV ‘Alien Fingerprint Examiner IV 7
Immigration Research Officer 17
Immigration Computer Programmer! 17
Immigration information Technologist | 17
HR Management Officer | 17
immigration Assistant Immigration Inspector 15
Intelligence Agent Il Immigration Agent It 15
‘Administrative Officer 1 immigration Administrative Officer I 15
Immigration Research Assistant 15
HR Management Assistant 15
Fingerprint Examiner 1 ‘Alien Fingerprint Examiner ii 15
‘Administrative Aide VI immigration Aide VI 14
‘Administrative Assistant Ill immigration Administrative Assistant il 13
‘Administrative Aide V Immigration Aide V 13
Fingerprint Examiner I ‘Alien Fingerprint Examiner I 13
Security Guard Il Civil Security Officer I 13
Intelligence Agent | Immigration Agent | 13
Translator I Immigration Translator I 12
‘Administrative Assistant Il Immigration Administrative Assistant I 12
‘Administrative Aide IV Immigration Aide IV 12
‘Administrative Aide Il Immigration Aide Ii 1
‘Nursing Attendant Immigration Healthcare Assistant 1
Fingerprint Examiner ‘Alien Fingerprint Examiner | 1
‘Security Guard |
‘Seaman
Launch Patron. Civil Security Officer | "1
Marine Engineman
Quartermaster
Legal Aide Immigration Legal Assistant 10
‘Administrative Assistant | Immigration Administrative Assistant | 10
‘Administrative Aide I Immigration Aide i 8

Upon the recommendation of the Commissioner, the Secretary of the DOJ shall reorganize, upgrade,
or otherwise make adjustments in the offices of the Bureau as required by the implementation of this
Act: Provided, That to the extent possible, the incumbent chiefs of sections and divisions whose
offices are hereby affected may be upgraded to positions of comparable rank in the reorganization:

37



Provided, further, That for the new directorates and positions created under this Act, the Board shall
designate the directors and officers thereof.

SEC. 147. Additional Grant of Benefits. —The Bureau shall provide its employees with the following
benefits:

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

(2) Accident Insurance policies for all employees;

(3) Night Shift differential and overtime pay for actual work rendered, in
accordance with existing guidelines;

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

(5) Transportation benefits;
(©) Dislocation allowance; and,

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

‘SEC. 148. Retention and Use of Immigration Fees, Fines and Other Income; Immigration Trust
Fund. — The Board is hereby authorized to retain and use every year thirty per cent (30%) of its
collections from immigration fees, fines and penalties, and other income that may be collected by the
‘Bureau for the effective implementation of this Act.

There is hereby created an immigration Trust Fund (ITF) sourced from the collections mentioned in
this section. The ITF shall be administered by the Board in accordance with existing goverment
auditing rules and regulations, and shall be used exclusively as follows:

(@) 40% for the modemization of equipment, facilities and offices used by
employees of the Bureau, including capital outlay for the establishment of new
buildings and field offices for the effective implementation of this Act;

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

(©) 30% for the further professionalization of the employees of the Bureau
including trainings, seminars and other career advancement programs.

All interest income, dividends and eamings accrued from the ITF shall also form part of the
Trust Fund. No portion of the ITF shall revert to the general fund of the National Government, except
when the ITF is no longer necessary for the purposes for which it was established.

CHAPTER 9
TRANSITORY PROVISIONS

‘SEC. 149. Interim Period. — The incumbent Commissioner and the 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 present Bureau of Immigration shall continue to
discharge the functions of their position pending the reorganization as provided in this Act.

‘SEC. 150. Reorganization of the Bureau. — 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 Bureau in accordance with the new staffing

38


pattern: Provided, That the salaries, wages, allowances and other benefits of incumbent officers and
‘employees of the Bureau shall not be subject to diminution: Provided, further, That employees who
have been dismissed for cause shalll no longer qualify for any position in the Bureau.

‘SEC. 151. Inventory and Transfer of Properties, Accounts, Assets, Liabilities and Obligations
to the Commission. — All buildings, properties, equipment, facilities, accounts, other assets,
liabilities and other obligations as well as records of the Bureau of Immigration shall be properly
inventoried and transferred to the Bureau.

‘SEC. 152. Treaty or Agreement. - Any treaty or agreement entered into between the Philippines and
any foreign state before the effectivity of this Act shall remain in force and effect.

SEC. 153. Pending Cases. ~ Any prosecution, suit, action, proceeding, or any act or matter, civil or
criminal, pending at the time of the effectivity of this Act shall not be affected by any of the provisions
of this Act unless otherwise explicitly stated herein.

CHAPTER 10
ADMINISTRATION AND IMPLEMENTATION

‘SEC. 154. Administration and Implementation Abroad. - The administration and implementation of
this Act abroad, including the rules and regulations, and specific visa policies or guidelines, shall be
the responsibility of the DFA, with due notice to the Bureau and other concemed agencies and
offices.

SEC. 155. Implementing Rules and Regulations. —Within sixty (60) days from the effectivity of this
‘Act, the Bureau shall, in coordination with the Secretaries of the DBM, the DOJ and the DFA,
promulgate the rules and regulations for its effective implementation

SEC. 156. Appropriations. - The amount necessary to cover the initial implementation of this Act
shall be charged against the following:

(@) Current year’s appropriation of the Bureau of Immigration; and
(b) Immigration fees, fines and other income authorized under Section 146 this Act.

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

CHAPTER 11
FINAL PROVISIONS

SEC. 157. Retroactive Application. - The renaming of positions with the corresponding increase in
salary grade and benefits enumerated in Title VI, Chapter 8 shall be effective January 1, 2019.

SEC. 158. Separability Clause. - Should any provisions of this Act be declared invalid, the
remaining provisions shall continue to be in force and effect.

SEC. 159. Repealing Clause. — Commonwealth Act No. 613, otherwise known as the “Philippines
Immigration Act of 1940", as amended, and the Republic Act No. 750, are hereby repealed. All other
laws, presidential decrees, executive orders, proclamations, memorandum orders, instructions, rules
and regulations or parts thereof inconsistent with this Act are hereby amended or modified
accordingly.

SEC. 160. Effectivity. - This Act shall take effect fifteen (15) days after its publications in the Official
Gazette or in any newspaper of general circulation

Approved,

39