Republic of the Philippines 2
HOUSE OF REPRESENTATIVES
Queson City

NINETEENTH CONGRESS
First Regular Session

274

HOUSE BILL NO,

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.,
HON. MIGUEL LUIS R. VILLAFUERTE, HON. TSUYOSHI ANTHONY G.
HORIBATA AND HON. NICOLAS ENCISO VIII

EXPLANATORY NOTE

Commonwealth Act 613 or the Philippine Immigration Act of 1940 is one of our laws that
need to be amended in order to respond to the changing times and be true to the
Constitutional mandate of serving and protecting the people. Our faws should align with the
maintenance of peace and order, the protection of life, liberty, and property, and the
promotion of general welfare.

With modernization and increased mobility of people across the globe, crimes are likewise
becoming more and more cross-border. Recent years show that many aliens in the
Philippines have been involved in such international crimes as drug and human trafficking,
prostitution, terrorism, illegal recruitment and even financial crimes. Accordingly,
Commonwealth Act 613 should be amended to meet the new challenges of immigration and
migration

The Bureau of Immigration is the chief repository of all immigration records and our frontline
in regulating the movement of persons to and from the country. National security and public
safety are at stake in the performance of this critical role.

Accordingly, this bill proposes to modernize the Bureau of Immigration by expanding its
organizational structure, upgrading its personnel by sharping their competencies, lessening
the red tape by improving data gathering and analysis, creating new visa classifications and
improving its salary structure to make it more competitive, among other things,

In view of the foregoing, the passage of this bill is e¢ ly Sought,

MIGUEL R. VILLAFUERTE

[ot cl ‘Vill



Republic of the Phitippines
HOUSE OF REPRESENTATIVES
Queson Cite

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 27h

Introduced by HON. LUIS RAYMUND “LRAY" F. VILLAFUERTE, JR.,
HON. MIGUEL LUIS R. VILLAFUERTE, HON. TSUYOSHI ANTHONY G.
HORIBATA AND HON. NICOLAS ENCISO VIII

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

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

TITLE!
GENERAL PROVISIONS

SECTION 1. Short Ti
Modemization Act.”

— This Act shalt be known as “The Bureau of Immigration

SEC. 2. Deciaration 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
external interests of the Philippines, in recognition of:


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

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

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

d. the fulfillment of obligations and compliance with standards set by
international faw 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

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

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

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

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

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

(@) “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;

(f} “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 shail not exceed three (3) months, unless there exists other legal
grounds for continued custody;

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

(h) “Derogatory Information" refers to details about persons and travel documents
felating 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 feaving 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 Sandigenbayan, or the appellate
courts to prevent a person from leaving the territorial jurisdiction of the
Philippines; and

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

(i) “Entry” refers to the arrival of a foreign national into any designated port of entry
in the Philippines from a place outside the Philippine territorial jurisdiction. A foreign
national 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 lega! process;

(j) 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;

(n) 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 intemational law which prohibits the
forced return of refugees to the state or territory where their lives or liberty would be
threatened;

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


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

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

{t) Refugee refers to a person who, owing to a well-founded fear of being
persecuted for reasons of race, religion, nationality, membership in a particular social
group, or political opinion, is outside the country of nationality, and ts 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
unabie 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",

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

{y) Visa refers to an endorsement on a passport or any trave! 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 I
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 contro! and anti-trafficking.


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-born citizens of the Philippines, holders of a college degree
and with proven capacity for administration and, at the time of their appointment, at
least thirty-five (35) years of age: Provided 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:

(a) Quasi-judicial:

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

ii, Revocation of immigration status;

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

iv. Issuance and Revocation of all visas and permits;

Declaration of Indigence; and

vi. Legalization of residence in accordance with law,

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

<

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

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

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

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 shail
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 DOJ within
fifteen (15) days from receipt thereof by the concerned 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 shail 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 tank, salary, and privileges of
an Undersecretary of a Department.

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

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

(3) 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;

(d) Delegate authority to subordinate immigration personne! and employees
as may be defined in the IRR;

a. Act on applications for of visas with the concurrence of the Board;

b Act on application for study and work permits;

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

f(a) Increase, reduce or waive immigration fees, fines, penalties and other
charges:


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

(h) 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;

@ 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;

{n) 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 illega! 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;

(q) Prepare and submit a supplemental budget for the consideration of the


Department of Budget and Management (DBM);

(v) 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;

() Engage foreign counterparts pertaining to border control; and
() 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 foliowing co-terminus positions are hereby created for the
Office of the Commissioner and Deputy Commissioners, except for Executive Officer
lil/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
Head Executive Assistant
Executive Assistant VI
Executive Assistant V

Executive Assistant V_

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-born 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:

(c) | Conduct inspections and audit on Bi personnel and units;

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

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


investigation;

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

(g) provide assistance to the Office of the Ombudsman in cases involving
the personnel of the Bureau.

CHAPTER &
THE BOARD SECRETARY

SEC. 17. Qualifications of the Board Secretary — There shali be a Board
Secretary of the Board of Commissioners who must be a natural-bom 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;

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

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

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

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

{g)  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 BS! shall sit as
the Chairperson of the First Board of the BSI. The BS! 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 shail 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 BSI shall:
(a) Recommend to the Board for final resolution cases and applications

relative to:
(1) Deportation;


(2) Revocation of immigration status;

(3) Recognition of Philippine citizenship by reason of birth, or marriage;
(4) Legalization of residence in accordance with law; and

(5) Issuance of visa for stateless person.

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

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

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

() ‘Administer oaths;

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

{g) Perform such other duties and functions as may be directed by the
Commissioner and the Board,

SEC. 22. Proceedings Before the BSI, - The proceedings before the BSI shall be
public and recorded. In all cases, the BS! 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 BS! shall be resolved within
five (5) working days from the date the cases are submitted for resolution. The
resolution of the BSI shail 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:

‘SALARY GRADE
iHInguiry Officer Ii = 25
| 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,
(5) Immigration Regulation;
(6) Information and Communications Technology,
(7) Intelligence;
(8) Law Enforcement;
(9) Legal Affairs; and
(10) Planning and Research.

i


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

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

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 iaw for at least three (3)
years, and that the Director for Finance and Logistics shail 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
mandates.

CHAPTER &
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:

(c) Coordinate aif administrative function; and

(d) 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
“3s I

Immigration Admini 15
Immigration Administrative Assistant III __13
Immigration Aide V 13
Immigration Administrative Assistant Il i
Immigration Aide IV. 12
Immigration Aide Ill W
Immigration Administrative Assistant | 10

12


Immigration Aide tl i 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:

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

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

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

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

SEC. 31. Creation of Positions; Alion 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 1V_ 7 24 _|
Immigration Officer Il 21
Immigration Officer 7 _ __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:

(a) 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;

{c} Implement sound fiscal policy;

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

(e) 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

(g) | 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

28
Supervising Administrative Officer 26
“Immigration Administrative Officer IV 24
immigr yuntant i 22
Immigration Accountant | 19
Immigration Administrative Assistant ii 15
Immigration Aide IV a 14
Immigration Administrative I!| 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:
(a) Develop and execute human resource strategies in support of the
overall plan and strategic direction of the Commission especially in the
areas of selection, hiring and promotion;
(b) Design employee training modules;
(c) Develop comprehensive strategic recruiting and retention plans to meet
the human capital of strategic goals;
(d) Oversee the recruitment, selection and promotion of employees;
(e) Prepare schemes to strengthen the relationship between management
and employees;
(f) Set qualification standards and implement competency-based hiring
and promotion policies;
(9) 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:

Chief Human Resource Manage!
Supervising Human Resource Management Officer
Human Resource Management Officer Ill
Human Resource Management Officer II

Human Resource Management Officer |



lanagement stant
HR Manag Assistant 1

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;
(c) Oversee and supervise all Regional, District, Field Offices and Border
Crossing Stations;
a. Maintain administrative contro! of Aliens admitted for limited periods;
(d) Represent the Bureau in the enforcement of the RP-Indonesian
Agreement and the RP-Malaysian Anti-Smuggling Agreement; and
(e) 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 _ ae. ee
Immigration Officer IV | 24
[Immigration Officer 24
Immigration Officer ll 19
Immigration Officer | _I a7
Immigration Inspector 15
Immigration Assistant AS

| Immigration Agent t 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;
{b) Supervise the implementation of all the Information Technology
projects of the Bureau,
(c} Review, evaluate and recommend for approval of the Commissioner
the integration of all existing information and communications systems of the
Bureau;


(d) 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:

C_ POSITION SALARY GRADE
Chief Information and Communications Technology 28
[Officer _
Information and Communications Technology 26
Officer It i ee ai
Information and Communications Technology 24
Officer | sec | sy
Immigration Information System Analyst 2
Immigration Computer Programmer Il 19
Immigration Information Technologist II 19
Immigration Computer Programmer | _ ‘ 7
Immigration Information Technologist | 7
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;

b. Manages the conduct of intelligence and counter-intelligence activities of the
Bureau;

¢, Serves as the linkage with foreign counterparts and embassies with the
Bureau,

4. Initiate development of intelligence training modules; and

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

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

POSITION SALARY GRADE
(Chief immigration Officer for Intelligence 28
‘Supervising Immigration Officer 26
Immigration Officer IV 24
Immigration Officer It 21
immigration Officer = i: 19
(immigration Officer | 17 }



Immigration Inspector is

| Immigration Assistant 15
| Immigration Agent | I 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 shail perform the following duties:
3. 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.;
¢. Initiate the development of law enforcement training modules;
d. Establish an effective monitoring tool 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 =

‘Supervising Immigration Officer 26
[Immigration Officer IV - 24

Immigration Officer Ill 7 21

Immigration Officer I! 19 ea

Immigration Officer | a = 7
[immigration Inspector | 15

Immigration Assistant 15

Immigration Agent | 1 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:
(a) 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 are overstaying, undocumented, convicted of crime involving moral
turpitude, convicted of a crime where the penalty of deportation is imposed
and fugitives;
(c) Assign prosecutors for regular deportation;
(¢) Implementation of Deportation Orders;

v7



(@) Studies contracts affecting the Bureau and submits recommendation
telative thereto;

(f) Render legal opinion on matters arising from the administration and
‘operation of the Bureau; and

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

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 Ili z 26
Immigration Prosecutor I! 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;

(c) Conduct workload assessment and forecasting:

(d) Provide assistance to the Board in the implementation and establishment

of a risk management process;

(e) Implement a monitoring feedback measurement and evaluation system

for the implementation of projects and programs,

(f) Represent the Board in meetings relating to Planning and Research, and
(g) 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 “[SALARYGRADE |
Chief Immigration Research Specialist | 28
Supervising Immigration Research Specialist 25
Immigration Research Officer Ill 23
Immigration Research Officer It ees
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 position:
a) Educational Attainment
b) Civil Service Eligibility
c) Relevant Experience
1. Training Basic
2. Advanced
3. Executive

d) Agility
SEC. 49. Powers and Functions of Immigration Officers. — The Immigration
Officers shall have the following powers and functions:
(a) Examine, with the assistance and advice of medical authorities in

appropriate cases, foreign nationals at the port of entry conceming their admissibility
to enter and their qualifications to remain in the Philippines;

(b) Exclude foreign nationals not properly documented, and to admit foreign
nationals complying with the applicable provisions of immigration and related laws;
(c) Administer oaths in connection with the performance of their duties;

(d) Search for foreign nationals on any vessel believed to be used to illegally

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

{e) Act as control personne! 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:

(g) Detect and report subversive activities of aliens in the interest of national security;
(h) Investigate any case at the instance of the Commissioner and submit the
required reports;

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

(j) 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
fepatriation of aliens;

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

(q) Attend to the deportation of aliens;

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

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

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

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

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

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

Qualified Immigration Officers, Immigration Inspectors and Immigration Agents with
the requisite training and experience may be assigned to the Intelligence 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
@ 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 contro! 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

20


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 Contro! 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 Contro! Officer
‘shall perform the following functions:

a) Conduct immigration formalities to foreigners passing thru 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

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

TITLE ill
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 reasons of business, pleasure or health:

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


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

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

(b) Transit Persons (B Visa): Persons passing through the Philippines solely
for a “stop over” who have a 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;

(a) 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:
Heads of State and/or Heads of Government and their personal
representatives;
ii. Members of reigning royal families from countries recognized by
the Philippine Government;
iii.Governors-General, Governors, and High Commissioners of
dependent territories and their personal representatives;
iv.Cabinet ministers and their deputies, and officials with cabinet
rank of ministers;
v.Presiding officers of national legislative bod:
vi.Justices or judges of the highest national judicial bodies;
vii.Diplomats and career consular officials on foreign assignment in
the Philippines;
viii.Military, naval, air and other attaches assigned to a diplomatic
mission; and

22


ixAccompanying 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, infer alia, the following classes of foreign
nationals:
iAdministrative and technical members of the staff of a diplomatic
or consular mission;
ii,Officials participating in programs under the auspices of the
Philippine Government or recognized international institutions;
and
iiiAccompanying 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 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, inler alfa, the following classes of foreign
nationals:
{Diplomatic couriers regularly and professionally employed as
such;
iiAil members of official special missions of a diplomatic
character,
Members of delegations proceeding to or from an international
conference of a diplomatic or official nature; and
iv.Such other officials going to the Philippines on diplomatic or
official missions;

(4) Persons eligible for E-4 Visa: The E-4 Visa shall be issued to the
private employees and household members of persons to whom E-1
and £-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
internationa! law and international agreements to which the Philippines is a
party, as well as in consideration of the principle of reciprocity.

(U) Students (F Visa): Foreign students having means sufficient for their
support and education in the Philippines who seek to enter the Philippines

23


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;

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

(h) Religious Workers (H Visa): Duly ordained or professional missionaries
and religious ministers, including members of their famnily, 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;

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

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

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

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

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

Accredited international organization include any public international organization
engaged in activities of which the Philippines participates pursuant to any treaty or
under the authority of any act of the Congress of the Philippines authorizing such
participation or making an appropriation for such participation and such other
international organizations, institutions, agencies, programs, foundations and 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 shall be exclusively issued and
renewed by the DFA, which shail also determine the type of | Visa of officials and

24


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 @ party.

nN Media Workers (J Visa): Foreign media personnel or correspondents, duly
accredited by the government agency concemed, 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;

(kK) 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;

wo 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 “quote
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 shail be
observed:


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

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

(c) Third Preference; Spouses or minor children of foreign nationals who are
lawful permanent residents of the Philippines; and

(d) Fourth Preference: Parents of foreign nationals who are lawful permanent
residents of the Philippines.

SEC. 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-guota
immigrants”, may be admitted without regard to numerical limitation and immigration
reciprocity:

(a) The spouse of a Philippine citizen: Provided, That abandonment by the foreign
spouse. the failure to give support by the foreign spouse to the Filipino spouse and family.
and the legal separation or termination of the marital status by annulment, declaration of
nullity of marriage or divorce where the cause is attributable 10 the foreign spouse. shall
constitute grounds for cancellation of the immigrant visa issued to the foreign spouse:

) 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 bom subsequent to the issuance of an immigrant visa to the accompanying
parent, the visa not having expired or revoked;

©) A forcign 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;

(fy A natural-bom 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 national who is gainfully
employed and holder of a permanent resident status for a period of seven (7) years.

CHAPTER 3
NATIVE-BORN FOREIGN NATIONAL

SEC. 60. Status of Children Born to Immigrants, — A child bor 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-born non-immigrant or temporary resident and
may remain in 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

27


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

(b) transients.

SEC. 65. Loss of Status. — A registered foreign national, except a temporary visitor, who
fails to return to the Philippines within a period of one (1) year from departure shall lose the
status granted under Title II] 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
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 shail not exceed fifty-nine (59) calendar days
from the date of arrival, subject to bilateral, regional and multilateral visa agreements
entered into by the Philippines: Provided, That the conditions for extensions and total
period of authorized stay shall be prescribed by the Commissioner: Provided,
further, That during the foreign national’s authorized stay, such foreign national: (a)
shall not take any employment, whether paid or unpaid; (b) shall not establish or join
in any business; and (c) shall not enroll or become a student at a school, college,
university, academy, or other educational institution, unless granted, upon proper
application, a conversion to another immigration status provided under this Act.

28


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(g) until the Consular
Officer shall have received authorization for the issuance of the same. Such
authorization shall be given only upon the filing of a petition with the Board
establishing, among others, that no person can be found in the Philippines willing
and competent to perform the work or service for which the foreigner is desired and
that the admission would be beneficial to the public interest. The petition shall be
under oath by the prospective employer or the latter's representative in the form and
manner prescribed by the Board.

if the Board finds that the petition complies with the requirements of the
preceding paragraph and of other regulations, it shall grant the petition and shall
promptly transmit the authorization to the 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 concerning the persons departing on
such vessel. The crew list of an incoming sea craft shall contain the appropriate visa
granted by the Consular Officer.

SEC. 70. Inspection of Crewmembers. - |t 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 @ 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 goverment of the country to which they
owe allegiance, showing their nationality and identity and valid immigrant visas
indicating the date of issue and the period of validity thereof, Immigrant visas shall
not be required of the following:


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

(b) A child bom 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

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

CHAPTER 7
VISA ISSUANCE

SEC. 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 concerned 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,
@ quota immigrant visa may only be issued to a foreign national who has made a
proper application therefor, which shall specify the nationality to which the quota
number is assigned, the immigrant’s particular status in such country, the preference
to which the foreign national is classified, the date on which the validity of the visa
shall expire, and such additional information as may be required; and

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

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

SEC. 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.

30


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 criginal 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 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 forcign 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:

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

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

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

3


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’

(a) Deny the entry and admission into the Philippines, or impose such
festrictions 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;

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

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

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

(e) Admit non-immigrants not otherwise provided for in this Act for

humanitarian considerations and when not detrimental to public interest, under such
terms and conditions as may be prescribed;

ty 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

(9) Exercise, with respect to foreign nationais in the Philippines, such powers
as are recognized by the generally accepted principles of international law

TITLE IV
PROVISIONS RELATING TO ENTRY

CHAPTER 1
CLASSIFICATION OF PORTS OF ENTRY

SEC. 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 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

6


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 reached 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, captain, agent or consignee shall not
allow the passengers and crew members to disembark or leave the primary
inspection area until the Immigration Officer shall have conducted the primary
inspection formalities.

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

(2) Type of vessel and registration marks;
(b) Duly visaed crewiist;
() Passenger manife:

(a) Port of last departure:
(e) Intemational port of intended destination, or other place authorized by the
Commissioner;

() Estimated time of arrival; and

33


(9) 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 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. — |t
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 shal! 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 port a list containing:


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

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

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

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

SEC. 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 tc 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:

(a) Health Related Grounds
1. Those who are found to be suffering from a communicable,
dangerous or contagious disease, unless excepted under existing
laws, rules and regulations;
2. Those who are found to be suffering from mental disorder or
associated behavior that may pose a threat to persons or danger to
property:
3. Those who are found to be suffering from addiction to prohibited
or regulated substance;

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

(c) Moral Grounds
1. Those coming to the Philippines to practice polygamy or who
advocate the practice of polygamy unless the person's religion
allows such practices;
2. Those who are pedophiles, sexual perverts or those coming to
the Philippines for immoral purposes:


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

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

(d) Criminal and Security Grounds
4. 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;
b.Any activity aimed to promote membership in an organization
of syndicated criminal activities:
c.Any activity, the purpose of which is to overthrow the
Philippine government by force, violence or other unlawful
means; and
d.Any other unlawful activity.
6. Those who are engaged or believed to be engaged or likely to
engage in, aid, abet or finance any terrorist activity and members or
representatives of a foreign terrorist organization;
7. Those who have been identified by competent authorities, local
or foreign, as having engaged or are engaging in human trafficking
and smuggling;
8. Those who are under fifteen (15) years of age and
unaccompanied by or not coming to a parent, except that they may
be admitted at the discretion of the Commissioner, if otherwise
admissible: Provided, That they present a written consent to travel
from either parent citing the purpose thereof and affirmed by a
Consular Officer; and
9. Those who have been identified by competent authorities, local
and foreign, as having engaged or are engaging in importation of
contrabands and other prohibited articles into the country.

36


SEC. 97. Temporary Custody of Excludable Foreign Nationals. — For the
purpose of ascertaining whether a foreign national arriving in the Philippines belongs
to any of the excludabie 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:

(a) The country which the excluded foreigner is a citizen or national;

(b) The country of birth;

© The country of the foreign nationat'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. — \t shall be unlawful for an owner, operator, master, captain, pilot,
agent, or consignee of a vessel to refuse or fail to:

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

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

37


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

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

(e) Pay the cost of detention and other expenses incidental thereto incurred
while the excluded foreign national is being detained as required by Section 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: Provided, That clearance may be
granted prior to such determination upon deposit of a sum or cash bond sufficient to
cover such fines as approved by the Commissioner.

TITLE V
DEPORTATION

CHAPTER 1
DEPORTABLE FOREIGN NATIONALS

SEC. 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:

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

(b) Those who entered the Philippines who were not lawlully admissible at
the time of entry,

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

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

(e) Those who remain in the Philippines in violation of any period of

limitation or condition under which they were admitted;

10] 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

38



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

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

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

(k) Those who violated Philippine labor and taxation laws, rules and
regulations;
()) Those who are found to be undesirable and whose further stay in the

Philippines is inimical to public welfare and interest, or the dignity of the Filipinos, or
the Republic of the Philippines as a sovereign nation;

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

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

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

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

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

SEC. 106. Nature of Deportation Proceedings. — Deportation proceedings shall be

39


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

SEC, 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 shail exceed three (3) months from the
date it has become fina! 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:

(a) Age, health, family or conduct;

(b) Period of detention;

(c) Impact on national security and public welfare;

(d) Unavailability of travel documents;

(e) Existence of an application for refugee or statelessness status; or
ro) Other humanitarian considerations.

SEC. 113, Reinstatement of a Deportation Order. — A deportation order previously

40


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 which 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 deportee to the foreign national's country of destination, or to
shoulder the cost of deportation of the foreign crew member as provided in the
preceding Section, shall be subject to the administrative fines prescribed 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 deporte 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.

41


TITLE VI
MISCELLANEOUS PROVISIONS.

CHAPTER 1
REGISTRATION OF FOREIGN NATIONALS

SEC. 119. Requirement of Registration. — Ail 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 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 sixty (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. — \n case of death of
@ 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 fumish the Bureau with a copy of
the Certificate of Death within thirty (30) days from issuance thereof. Failure on the
part of the persons concerned to comply with the requirements specified in this
Section shall be dealt with pursuant to the provisions of existing laws.

2


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
jin order to:

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

(b) insure against foreign passengers liable to be excluded as likely to
become public charges; and

(c) 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 deportees who jump bail,

CHAPTER 3
RECOGNIZANCE

SEC. 129, 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 enrollment of foreign
students as authorized under this Act.

SEC. 132. Working Cooperation with the Civil Aviation Authority of the
Philippines (CAAP). — The Bureau shal! 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 5
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, 135. 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 (P50,000.00) 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 @ port of the Philippines from a place outside
thereof having a foreign national on board in violation of this Act shall be fined not
Jess than Fifty Thousand pesos (P50,000.00) but not more than Two hundred
thousand pesos (P200,000.00) for each act or violation consisting of:

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

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

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

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

(e) Refusal 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;


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

(9) 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 @ 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. Hf 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 (P100,000.00) but not more than Two hundred thousand pesos
(P200,000.00) 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 shail 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 personne! 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 (Pap 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

45



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:

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

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

(c) 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,

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

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

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

(9) 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 empioyee 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

46


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. Penalty for Aiding the Escape of Detained Foreign National. — Any
person who shall be found to have helped, assisted, supported, caused or ministered
the escape, including 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 and a fine of not less than Two hundred thousand pesos (P200,000.00):
Provided, That if the person liable is a foreign national, such person shall be
deported after service of sentence; Provided further, That any 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
@ 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 8
UPGRADING OF COMPENSATION AND BENEFITS

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 Ill 30
[Deputy Commissioner Deputy Commissioner Ill 29
Attorney V Chief Special Inquiry Officer 28
(Board of Special Inquiry) | (Overall Chairperson, BSI) _
Chief Administrative Chief Administrative Officer 28
Officer (Director for Administration) |
| (Administrative Division)

47


[Lintelligence Division)

| Division) (Director for Immigration Regulation)
| Chief Intelligence Officer | Chief immigration Officer for

i

Intelligence (Director for Intelligence)

Chief Administrative Chief Finance and Logistics Officer
Officer (Finance and (Director for Finance and Logistics) 28
Management Division)
| Information Technology Chief Information and
Officer til ‘Communications Technology Officer 28
fo (Director foricT) |
Immigration Officer Chief Alien Registration Officer 28
(Alien Registration (Director for Alien Registration)
Division}
Chief Immigration Officer | Chief Immigration Officer for 28
(immigration Regulation _| Immigration Regulation

26

Attorney V Chief immigration Officer for Legal ory
Affairs
(Director for Legal Affairs) a
Chief Immigration Officer for Law 28
Enforcement
(Director for Law Enforcement)
Director IAS 28
| Chief Planning and Research 28
Specialist (Director for Planning and
Research)
Chief Human Resource and 28
Management Officer
(Director for Human Resource
Management and Development)
Regional Director 27
‘Attorney IV (BSI) Special Inquiry Officer IV 27
(Chairperson, BS!) .
Attomey IV (Legal Immigration Prosecutor IV ord
Division)
Attorney iil (BSI) Special inquiry Officer iil 26
(Member, BS!)
Attorney Ill (Legal Division) | Immigration Prosecutor III 26
‘Supervising Immigration | Supervising Immigration Officer 26
| Officer
Supervising Administrative | Supervising Administrative Officer 26
a
Medical Officer Iil ~ [Immigration Physician [ 26
Supervising Human Resource 26
Management Officer
Deputy Director IAS 26
a District Supervisor 26
Attomey |! (Legal Division) | Immigration Prosecutor I _ 25

Accountant lit

Senior Immigration Officer 25
Immigration Accountant V 25

Dentist Il

immigration Dental Officer

_I

48



Fingerprint Examiner IV _

‘Supervising Immigration Research 25
Specialist
| Attorney | (Legal Division) | Immigration Prosecutor | 24
Senior Immigration Officer 24
Administrative Officer 1V 24
Information Technology Information and Communications 24
Officer | Technology Officer |
Nurse Il [immigration Healthcare Officer 23
Immigration Research Officer Ili 23
HR Management Officer Ill 23
Accountant Il Immigration Accountant II 22
Information System [Immigration Information System 22
Analyst Analyst _ _
‘immigration Officer lil immigration Officer Ill 24
Immigration Research Officer Il 21
HR Management Officer Il 21
Accountant | Immigration Accountant | 49
Computer Programmer li__| Immigration Computer Programmer 19
Mt
Computer Maintenance Immigration Information 419
Technologist Il Technologist If
| Immigration Officer I!
Intelligence Officer II ~| Immigration Officer II 19
Special Investigator I!
Immigration Officer | |
Intelligence Officer | Immigration Officer | 7
| Special Investigator |
‘Alien Fingerprint Examiner IV mid

pernkication

Immigration Information

Research Officer | 17
immigration Computer Programmer | 7
i 7

Technologist | .
HR Management Officer | 7
(Immigration Assistant immigration Inepector 16
[intelligence Agent I! Immigration Agent Il 15
[Administrative Officer it Immigration Administrative Officer 1! 15
Immigration Research Assistant 15
_ HR Management Assistant es:
Fingerprint Examiner Ill__| Alien Fingerprint Examiner Ill 15
Administrative Aide Vi Immigration Aide VI 14
‘Administrative Assistant lil | Immigration Administrative Assistant 13
il
Administrative Aide V Immigration Aide V 13
| Fingerprint Examiner I Alien Fingerprint Examiner Il 130
curity Guard I Civil Security Officer 1 13
intelligence Agent | Immigi 1 |
Translator I immigration Translator II 412
Administrative Assistant II | Immigration Administrative Assistant 12
i

49



[Administrative Aide IV___| immigration Aide IV 42

‘Administrative Aide lil Immigration Aide i En
[Nursing Attendant Immigration Healthcare Assistant cl
(Fingerprint Examiner | | Alien Fingerprint Examiner | ail

Security Guard |

Seaman

Launch Patron __| Civil Security Officer | Ti,

[Quartermaster | ee
Legal Aide immigration Legal Assistant 10

Administrative Assistant! | Immigration Administrative Assistant 10

1
immigration Aide li

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: 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
fendered, 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;

(8) Transportation benefits;
(6) 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.

50


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

{a) 40% for the modernization 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;

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

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

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

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 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 shall no longer qualify for any
position in the Bureau.

SEC. 151. Inventory and Transfer of Properties, Accounts, Assets, Liabilities
and Obligations to the Commission. — A\l 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.

51


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 concerned 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:

(a) 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.

52


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,