Republic of the Philippines
HOUSE OF REPREPRESENTATIVES
‘Quezon City

Fifteenth Congress
First Regular Session

No. 2155

House

Introduced by HON. MARC DOUGLAS IV C. CAGAS

EXPLANATORY NOTE

For an archipelagic country composed of more than seven thousand
islands, the Philippines has a lot to offer by way of travel and tourism. The
revitalized investments spurned by fiscal incentives of the government
succeeded in attracting barely three million tourists every year since 2005
The strong support extended by the Executive Branch to the Local
Government Units was the primary factor in the renewed interest of tourists in
our country.

Commensurate with these developments, however, is the equally
indispensable duty of our government to regulate and control the influx of
these aliens, especially so that most of them intends to sojourn indefinitely,
turning themselves into, and comprising the cluster of Undesirables. Some
seek asylum in our country as personas non gratas.

Sadly though, a very important element was left out in the entire chain
of development. Often viewed as nondescript element in the travel and
tourism industry, the plight of the Immigration Bureau particularly the men and
women who man the country’s airports and major gateways, is recognized
more in breach than in compliance.

The Bureau of Immigration’s imprimatur having stemmed from the
ageing Commonwealth Act No. 613 which was enacted in the 1940's, is not
equipped to combat the booming complexities in National Security and
Tourism industry that the present day settings demand. Having tasked “To
control and regulate the immigration of aliens in the country, and the
administration and enforcement of alien admission and registration laws", it
could not be gainsaid that immigration officers are barely able to fulfill such a
daunting mission. The Bureau must be attuned to the changing of the times.

The greatly outnumbered immigration personnel of the Bureau
manning the major ingress and egress points in the country spread across
key cities is of no match to the almost three million tourists frequenting our


country every year. It is therefore a rather unfeasible task for the Bureau to
properly enforce immigration laws and regulate the immigration requirements
of these aliens

The vast majority of trans-border crimes are attributed to the lack of
immigration personnel in our borders, airports, seaports and sub-poris.
Criminal cases involving aliens are often dismissed by the courts because our
Immigration Officers cannot leave and attend the required judicial hearings.
Moreover, their affliction is further aggravated by the poor facilities left at their
disposal, Some Immigration Officers in far-flung ports and sub-ports of the
country are soliciting funds from Local Executives in order to augment their
office supplies and equipments.

For the Philippines to effectively and efficiently cope with the increasing
requirements of upholding its territorial integrity, vis-a-vis, our Government's
commitment of escalating national integrity as a sacred trust, through
humane, responsive and conscientious control and regulation of foreign
migrants; and to further enhance the country's capability and competence to
compete with our Asian neighbors, it is more than highly imperative to
strengthen our Immigration Bureau.

This bill therefore seeks the urgency of appropriating an additional fund
from the General Appropriations Act for the Operational Budget of the Bureau
of Immigration. This substantial increase is designed to remedy the seeming
dearth of the Bureau's manpower, the enforcement of Immigration,
Deportation and Alien Registration Laws, and Intelligence and Security
Services

Hence, immediate approval of the attached measure is strongly urged.

DC Canar.
MARC DOUGLAS IV C. CAGAS.


Republic of the Philippines
HOUSE OF REPREPRESENTATIVES
Quezon City

Fifteenth Congress
First Regular Session

House Bill No.__ 2155

Introduced by HON. MARC DOUGLAS IV C. CAGAS

“AN ACT

REORGANIZING AND STRENGTHENING THE CAPABILITY OF THE
BUREAU OF IMMIGRATION, BY EXPANDING AND STREAMLINING
ITS BUREACRACY, CREATION OF ADDITIONAL IMMIGRATION
OFFICES, ESTABLISHMENT OF _ INTELLIGENCE UNITS,
UPGRADING EMPLOYEE SKILLS AND BENEFITS AND
APPROPRIATING FUNDS THEREFOR AND FOR OTHER
PURPOSES”

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

SECTION 1. Short Title. - This Act shall be known as the "BUREAU
OF IMMIGRATION EMPOWERMENT ACT OF 2010”.

SECTION 2. Declaration of Policy. - It is the declared policy of the
State to protect its territorial integrity, national interest and the right to self-
determination in its interrelation with the International Community through
humane, responsive and conscientious control and regulation of foreign

migrants germane to the generally accepted principles of International Law.

The number of Immigration Officers and Personnel of the Bureau shall
be increased and their technical equipments upgraded to adequately meet the
Republic's burgeoning need to accommodate and properly regulate the influx
of aliens in the Philippines, and to streamline the effective administration and
enforcement of Alien Registration Laws.


SECTION 3. Definition of Terms — For purposes of this Act, unless the

context indicates otherwise, the terms used herein shall mean as follows;

(a). Philippines - means all the territory and waters subject to the
jurisdiction of the Government of the Philippines.

(b). Bureau — refers to the Bureau of Immigration as established
by Commonwealth Act No. 613, as amended.

(c). Board - refers to the Board of Commissioners which is
composed of the Commissioner of Immigration and the
two Deputy Commissioners

(4) Commissioner - shall refer to the Commissioner of Immigration

(e). Immigration Laws - shall mean any law hereafter enacted
relating to the entry of aliens into the Philippines, and
their exclusion, deportation, and repatriation therefrom.

(f). Immigration Office - refers to the Provincial, City and Municipal
sub-offices of the Bureau of Immigration

(g). Foreign Migrants - refers to foreign nationals visiting the
country whether as tourists or those intending to inhabit
the territorial jurisdiction of the Philippines with or without
intending to be consequently naturalized.

(h). Alien - refers to any person not a citizen of the
Philippines.
(i). Airport - a place where aircrafts take off and land.

(). Major Airport - Airports or terminals with International Flights, and
could usually accommodate more than five thousand
domestic or internationally bound or in-bound
passengers.

(k). Port- refers to a place of customary entry and exit of sea
vessels,

(1). Major Port- Big seaports or terminals with international
voyage, be it for passengers or chattels.

(m). Sub-port-  Seaports that are relatively smaller than major
Ports, but with sufficient depth of water that could equally
accommodate an internationally in-bound vessel. These
are usually annexes of Major Ports.


(n).Port of Entry - shall refer to an airport, a port or landing place
established by competent authority in accordance with
law through which an alien may apply to the immigration
officer thereat for admission into the Philippines.

(0). Immigration Officers- Those personnel tasked with the
regulation, registration, apprehension, deportation, and
enforcement of immigration laws. Immigration Officers |,
li, Ill and SR Ol, comprise the cluster of Immigration

Officers.
(p) 101- Immigration Officer 1

(q). ton - Immigration Officer 2,

(9. 10m - Immigration Officer 3

(s). SRIO - Supervisor / Senior Immigration Officer

SECTION 4. Creation of Additional Immigration Offices. - There

shall be created additional Immigration Offices in Airports, Seaports and Sub-
ports, albeit not categorized as port of entries, that the Bureau, in its
discretion, believes indispensable to be controlled and closely monitored for
alien presence and activities. In collaboration with the Department of
Transportation and Communications and the Department of Public Works and
Highways, these additional Immigration Offices should have all the necessary
and appropriate state-of the-art equipment and personnel complement, and
should be in such numbers as to fully and efficiently strengthen the
administration and enforcement of Alien Registration and Deportation Laws.

The aforementioned discretionary power of the Bureau, however,
should be exercised in good faith, taking into consideration the circumstances
and exigencies attendant on the places upon which these Offices would be
situated; with full accord to the duly constituted authorities of the government,
and only upon the recommendation of the Board after a well-founded
investigation and intelligence coordination with the National Bureau of
Investigation and the Philippine National Police.


In consonance with the above mandate, and without prejudice to the
next following sections, there shall also be created as many additional Offices
for the positions of IOsl, !Osll, IOsIll and SRIOs, as are the numbers
commensurate with the additional Immigration Offices that would hereafter be
created and established by this Act, who should man and control these new
Offices.

SECTION 4. Expansion - Without prejudice to the provisions of the
immediately preceding section, there shall also be an increase of such
number of Immigration Officers as may be prescribed by the Bureau, who
should be properly distributed in the manner harmonious with Section 6
hereof, to all undermanned Immigration Offices throughout the country
specially to far flung ports, airports and ports of entry, to supplement the
scarcity of manpower and complement other immigration personnel

The creation of additional Immigration Offices and the personnel
augmentation program, should cover and operate for a period of ten years
from the time this Act should have been enacted, or soon thereafter as the
need of the Bureau to efficiently carry-out its duty shall have been neutralized;
or that the portals in the ingress and egress points in all major airports,
seaports and ports of entry, shall have been already properly and efficiently
manned. Provided, that in no case should the increase in the number of
complementary offices for the position of Immigration Officers under this
section be less than five hundred (500) for the entire phase of the program;
and, provided further, that at least three hundred (300) complementary
Immigration Officers out of the total number of positions herein after sought,
should be deployed and added to complement other immigration personnel in
the specific major entry points hereinafter stated.

Subject to the viability of the staffing and personne! deployment
allocation as may hereafter be formulated by the Department of Justice, the
deployment of the three hundred Immigration Officers referred to in the next
preceding paragraph should be broken down as follows, to wit;


Point of Entry SROI 101 lol 101 Total

Kalibo Intemational airpor_ 0 1 0 9 10
Cebu International Airport 0 1 0 9 10
Clark Intemational Airport 0 1 0 9 10
Laoag Intemational Airport 0 0 0 Sf Ss
Davao International Airport 0 0 0 5 5
Ilo-Ilo International Airport 0 1 0 9 10
NAIA IIL 5 10 10° 225250
Total 300

all other Offices for Immigration Officers, including those that may hereinafter
be created, shall be properly and equally apportioned by the Bureau, to it’s
different Immigration Offices taking into account the exigencies or
circumstances that these Immigration Offices are being subjected to; or in any
case, when so ordered by the President upon the recommendation of the
National Security Council in cases of emergency or when public welfare or
safety so requires.

SECTION 5. Exigencies - The exigencies being referred to in Sections
4 and 5 hereof, refer to such need, demand, urgency that the Immigration
office is subjected to, and should be construed and determined by the Board
in relation/conjunction to the following criteria;

a. The territorial area of responsibility of each Immigration
Office,

b. The rate of tourist arrivals in a month,

c. The frequency of trans-border crimes and other felonies
committed by aliens,

4. The number of current immigration personnel working in
the area,

e. Any other synonymous or analogous cases pertaining to
the status of technical operations of these Offices.


SECTION 6. Reorganization / Distribution - In juxtaposition with the
immediately preceding sections, the present administrative personnel
manning and deployment scheme of the Bureau of Immigration is hereby
reorganized and modified.

Subject to the exigencies defined under this Act, and unless otherwise
amended by a later law, there shall, in all Immigration Offices of major
airports, seaports, and ports of entry nationwide upon the enactment of this
Act;

1, Be instituted an additional one (1) Supervisor / Senior
Immigration Officer IV, for Immigration Offices that already have Supervisor/s
at the time of the effectivity of this Act, and at least three Supervisors should
be instituted to Immigration Offices that have no Supervisors yet, or to such
Immigration Offices yet to be created; and

2. Atleast five (5) but not more than ten (10) Immigration Officers
(101, 1Oll, 1011!) randomly, per shift, to Immigration Offices that already have
these Immigration Officers at the time of the effectivity of this Act, and least
ten (10) but not more than twenty (20) Immigration Officers (IOI, IOll, IOIII to
those that have not; with corresponding increase in the general and
administrative support personnel and provision for ample office space.

The Officers of the Bureau occupying the positions affected by the
changes embodied in this Act at the time of its approval shall thereafter
occupy the positions mandated by this Act, and discharge the duties and
functions of their new positions and receive the corresponding salary and
benefits without the necessity of any new appointment.

The Department of Justice, in collaboration with the Bureau, shall seek
the creation of plantilla positions of as many as may be necessary for the
additional Offices, subject to the rules and regulations of the Civil Service
Commission..


SECTION 7. Creation of Intelligence Units. -The present
Intelligence Division structure of the Bureau shall also be reorganized. The
entire intelligence arm of the Bureau should be strengthened and devolved to
the level of Immigration Offices.

In collaboration with the Department of Justice and the Department of
Finance, the Bureau shall establish an Intelligence Unit (IU) which will be
composed of one Intelligence Officer, who should be designated as the
Intelligence Unit Head, and not less than five Intelligence Agents in every
Immigration Offices in the country. They shall be under the direct control of
the Supervisor who is the Officer in Charge in that particular Office. These
Officers will conduct the same necessary intelligence and private investigatory
matters being conducted by the Intelligence Division of the Bureau relating to
the legitimacy and propriety of the aliens’ stay in the Philippines.

The Intelligence Division of the Bureau is still retained as a major
division of the Bureau. Upon the enactment of this Act, this Division is
mandated to organize and create a special committee of highly trained and
specialized team of investigators to be attached, as a component body, with
the Special Division of the Philippine National Police, The National
Prosecution Office and the National Security Council for policy and work
coordination. This special committee will serve as the over all head office of
these Intelligence Units.

The Department of Justice and the Bureau, in collaboration with the
Civil Service Commission and the Department of Finance, shall seek the
creation of as many plantillas for Intelligence Unit Officers as may be
necessary, depending on the exigencies demanded, to accommodate and
support said Intelligence Unit Offices.

These Units should be under the strict supervision of the Intelligence
Division Section of the Bureau.


SECTION 8. Additional Powers and Duties.- Save for the specific
provisions mandated by this section, the Immigration Officers should have the
same functions, duties and responsibilities as those Immigration Officers, or

had been with the Bureau at the time of the adoption of this Act.

Except as otherwise provided, Immigration Officers 1, Il, and Ill, in
addition to their clerical and official functions prescribed by law, shall, in
coordination with other immigration personnel, be required to submit a weekly
written status report to their Supervisors regarding the administration and
enforcement of Alien Registration and Deportation Laws, and all matters
relative to their official functions.

The Supervisors shall also submit written report to the Board of the
Bureau a complete and detailed report regarding the operation, revenue,
expenditure and all other matters relevant to the continued operation of their
respective Immigration Offices every month,

The Intelligence Unit Heads and Agents may, if circumstances so
demand, and subject to the rules and regulation that shall hereafter be
formulated, bear arms, be provided to carry Intelligence Badges and Insignias
and shall be classified as law enforcement agents. Their authority and
functions shall be directly limited to the safe, honest and judicious
enforcement and implementation of the Intelligence Units’ investigatory
functions.

SECTION 9. Standards and Qualifications.- The additional Offices
for the Supervisor / Senior Immigration Officers, Immigration Officers |, I] and
Ill that should thereafter be created by virtue of this Act shall have an
administrative rank and the same qualification for appointment, rank, salaries,
allowances, benefits and privileges as those Supervisors, Immigration Officers

LIL and Il who are already employed as such at the time of the adoption of
this Act.


Unless otherwise provided by law, the qualifications required of present
Intelligence Officers Ill in the Intelligence Division of the Bureau, as to
appointment, allowance, benefits and privileges shall be the same
qualifications to be required of Intelligence Unit Heads to be established by
this Act. Intelligence Unit Heads shall have the same administrative rank as
that of the present Intelligence Officer Ill of the Intelligence Division of the

Bureau.

The Bureau, in coordination with the Civil Service Commission and the
Department of Justice, may, unless for some compelling reasons as
determined by the Board, device a scheme of lateral transfer for the benefit of
those Intelligence Officers III now attached with the Intelligence Division of the
Bureau who wants to be laterally transferred from the Intelligence Division to
the Intelligence Units.

Intelligence Officers III who are attached with the Intelligence Division
of the Bureau at the time of the adoption of this Act, shall have the right of
preference over all applicants to the position of Intelligence Unit Head,
provided that they should have already been holding that Office, and in such
capacity, for over three years prior to their application for lateral transfer.

The Commissioner of the Bureau shall determine the qualifications,
prerogatives and responsibilities of Immigration Agents, provided that their
administrative rank should be the same as that of the present administrative
rank of an Immigration Officer |.

SECTION 10. Compensation- Unless otherwise fixed by law, the
basic monthly compensation of all Supervisors, Immigration Officers |, II and
Ill and those that may be created and established by this Act, as well as that
of the Immigration Unit Heads shall be as follows:

Position Salary grade
Supervisor / Senior Immigration Officer IV 25-26
Immigration Officer III 18-21


Intelligence Unit Head 18-21
Immigration Officer I . 1416
Immigration Officer | 10-12

the Commissioner of Immigration and Deportation shall determine the salary,
prerogatives and responsibilities of Immigration Agents.

SECTION 11. Benefits and Privileges. - Subject to the availability of
funds, the Bureau may provide its employees with the following benefits:

1, Health care services through a health maintenance organization
(HMO). Expenses for the mandatory annual executive check-up
of the Supervisors, Service Heads and Division Chiefs shall be
for the account of the Office;

2. All employees shall be covered by accident insurance policies
procured by the office at its own expense during travels, while in
the performance of their official duties and functions; and

3. Without prejudice to efficiency in the service, scholarships to
deserving employees on official time and at the expense of the
Commission, to enhance their academic growth and upgrade
their
knowledge and skills. Scholars under this provision shall be
selected on the basis of competitive examination.

SECTION 12. Seminar and Other Professional Fees.- Subject to
the availability of funds, fees for relevant seminars, symposiums, conventions
and conferences, as well as registration fees and related miscellaneous
expenses incurred in such functions shall be borne by the Office. Professional
membership, registration fees, including those for mandatory continuing
professional education, and related miscellaneous expenses of other
employees holding positions for which a professional license is required by
the office shall also be borne by the Bureau.

i


SECTION 13. Transportation Benefits - Subject to the availability of
funds, employees shall be provided with contracted transportation services
until such time that the office can procure additional motor vehicles for this
purpose.

SECTION 14. Grant of Special Allowances- The Commissioners,
Executive Officers and the rest of Technical and Administrative Officers, shall
be granted special allowances in amounts to be determined by the Secretary
of the Department of Budget and Management and the Bureau of
Immigration.

SECTION 15. Funding- Except as otherwise provided, the funds
required for the implementation of this Act, including those for health care
services, insurance premiums, professional, educational, contracted
transportation benefits, registration fees and other benefits above, shall be
taken from all income, fees and revenues earned and collected by the
Bureau; in a manner, rate and percentage to be determined by the Board. But
in no case should that particular withheld allocation, be of such character and
amount as would substantially diminish its current revenue collection status.

The amounts collected pursuant to this section shall constitute a
general trust fund in the name of the Commission to be managed and used by
the Bureau to carry out the provisions of this Act. For this purpose, all
receipts, derived from registration, licensing fees, assessments, fines,
penalties and other charges to which the Bureau is authorized by law to
collect, are hereby constituted part of the general trust fund, for the
implementation of this Act. Provided, that no amount shall be disbursed to

cover personal services, expenses and purchase of motor vehicles.

The fund may be augmented by grants, donations, endowments from
various sources, domestic or foreign, for purposes related to their function.

12


SECTION 16. Work Program- The Department of Justice, the
Commission of Immigration and Deportation, the Department of Budget and
Management and the Department of Finance shall prepare the necessary
work programs to cover the staggered implementation of this Act for a period
not exceeding ten (10) years. :

SECTION 17. Implementing Rules and Regulations. - Within ninety
(90) days from the approval of this Act, the Board, in coordination with the
Secretary of Budget and Management, shall promulgate such rules and
regulations as may be necessary to carry out the provisions of this Act.

SECTION 18. Appropriations.- The initial amount needed to
implement office streamlining, physical expansion, creation of offices shall be
taken from the funds and budgets of the Bureau of Immigration under the
current General Appropriations Act. Thereafter, such sums as may be
necessary for its staggered implementation shall be included in the General
Appropriations Act.

SECTION 19, Repealing Clause.- Pertinent provisions. of
Commonwealth Act No. 613, Executive Order No. 202, the Revised
Administrative Code of 1987, as amended, Republic Act No. 118, Republic
Act No 135, Republic Act No 144, Republic Act No 503, Republic Act No 749,
Republic Act No 827, Republic Act No 1901, Republic Act No 4376, Republic
Act No 5171, Republic Act No 5701, Presidential Decree No. 524 and other
laws, administrative orders, executive issuances or parts thereof that are
contrary to or inconsistent with the provisions of this Act are hereby repealed,
amended or modified accordingly.

SECTION 20. Separability Clause- if, for any reason, any

Provision or part of this Act is declared invalid or unconstitutional, such other
parts not affected thereby shall remain in full force and effect.

13


SECTION 21. Effectivity. - This Act shall take effect after fifteen
(15) days from its publication in at least two (2) national newspapers of
general circulation.

APPROVED.