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

HOUSE OF REPRESENTATIVES

~_ Introduced by Representative Rufus |

House Bill No. SE

EXPLANATORY NOTE

The power to exclude or admit foreigners is an incident of sovereignty. It is an
accepted maxim in International Law that every sovereign nation has the power, as inherent
in sovereignty, and essential to self-preservation, to forbid the entrance of foreigners within
its dominion, or to admit them only in such cases and upon such conditions as it may see fit
to prescribe. Thus, it has always been the policy of the State to regulate and control the
entry and stay of aliens in the country in recognition of its inherent responsibility to protect
the interest and ensure the security of the people. Such a policy, however, cannot exist
without complex regulations, a good many of which appear to be restrictive in nature but the
policy should always be interpreted in positive terms

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

Events of recent years have disclosed that many aliens in the country have been
involved, at one time or another, in organized crimes like illegal recruitment, prostitution
drug trafficking, terrorism, human smuggling and the like, all of which greatly resulted in the
general impression of both Filipinos and foreigners alike that some aliens have contributed
toa sufficient degree to the rise in criminality in our country.

Under these circumstances, it cannot be overemphasized that there is an urgent
need to adopt stricter rules and regulations to protect the security, morals, safety and health
of our people and the country in general, This bill seeks to grant legal residence status to
certain aliens in the Philippines. The purpose of the bill is to permit immigration, not prevent
it, consistent with the imperatives of promptly addressing the issue of undesirable aliens,
who, because of their nefarious activities in the Philippines pose a clear and present danger
to the national security, public safety, public health and national interest.

This bill seeks to define the Philippines’ immigration policy to foreigners who wish to
come here from abroad in such a manner as to promote the domestic and international
interest of the Philippines, thereby legalizing their stay in the Philippines through a legislation
which would be less expensive, more practical, more humanitarian and in the long run, more
beneficial considering the undeniable fact that these aliens also contribute to the country's
economic growth through their investments as shown by previous experience with the
promulgation of Executive Order No. 324 in 1988 and the enactment of in 1995 of Republic
Act No, 7919.

This bill accentuates the imperative necessity of recognizing the need:


a. to facilitate the entry of visitors into the Philippines for the purpose of fostering
trade and commerce, tourism, cultural and scientific activities and
international understanding;

b. to ensure that any person who seeks admission to the Philippines on whether
a permanent or temporary basis is subject to standards of admission that do
not discriminate in a manner consistent with internationally recognized human
rights and freedoms, the basic principles of justice and fair play, the generally
accepted principles of International Law and State obligations under treaties
and international agreements that the Philippines is a party to;

¢. to foster the development of a strong and viable Philippine economy;

d. to maintain and protect health, safety and good order of Philippine society,
and

e. to promote intemational order and justice by denying the use of Philippine
territory to persons who are engaged or likely to engage in terrorism, human
smuggling and trafficking, criminal and other nefarious activities.

‘The national government stands to benefit substantially with the approval of this bill
in terms of additional revenues in the form of application fees and other related fees raised
thereby, which revenues can be used to support and give funding to numerous
governmental projects and services. Significantly, alien beneficiaries of this bill will be
protected from unscrupulous persons who victimize them.

In view of the foregoing, immediate passage of this bill is earnestly requested

RUI Tift


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

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus 8. Rodrigue:

House Bill No. 3753

AN ACT
GRANTING LEGAL RESIDENCY STATUS TO CERTAIN ALIENS IN THE PHILIPPINES
UNDER CERTAIN CONDITIONS

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

SECTION 1. Short Title — This Act shall be known as the “Alien Social Integration Act’

SEC. 2. Declaration of Policy - The State shall control and regulate the admission and
integration of aliens into its territory and body politic. Towards this end, aliens with unlawful
residence shall be integrated into the mainstream of Philippine society

SEC. 3. Coverage — Upon effectivity of this Act, all aliens whose stay in the Philippines is
otherwise illegal under existing laws, and who have entered the country prior to June 30,
2013, excluding those who already availed in good faith the benefits of Executive Order No
324 and Republic Act 7919 whose application has been duly approved, are hereby granted
legal residence status upon compliance with the provisions of this Act, and shall not be
prosecuted for crimes defined under Commonwealth Act No. 613, otherwise known as the
Immigration Act of 1940, which are inherent to illegal residence such as the absence of valid
travel documents or visa: Provided, that in no case shalll alien refugees in the Philippines be
qualified to apply under this Act

The bar to prosecution shall apply only to such crimes or felonies committed due to
acts necessary or essential to maintain a false, fraudulent or illegal residence, such as
falsification of marriage, birth or baptismal certificates or travel documents such as visas or
alien certificates of registration.

SEC. 4, integration Requirements and Fees ~ The social integration of aliens established
under Section 3 shall be effective and its benefits enjoyed by illegal residents upon
completion of all the following acts:

4.1. Filing of registration forms with the following agencies
(1) the civil register of his place of residence,
(2) the Bureau of Intemal Revenue (BIR):
(3) the Bureau of Immigration (BI);
(4) the National Bureau of Investigation (NBI); and
(5) the commercial or universal bank to which the alien pays the integration fee
as hereinafter provided.
In lieu of the foregoing, the filing of registration forms may be done in five (5)
sets with a commercial or universal bank certified by thru BIR as authorized
collectors for income tax

4,2. The registration forms shall contain:
(1) the applicant's full name and one alias by which he may be known;


(2) proof of his identity, good moral character and financial capacity through
affidavits from two (2) Filipino citizens of good reputation in his/her place of
residence;

(3) history of stay in the Philippines;

(4) residential address for the immediate past five (5) years;

(5) four (4) passport size pictures, and

(6) a complete fingerprint card for each of the agencies mentioned in 4.1,
including his/her most recent dental records which shall be submitted to the

NBI

4.3. Payment of the integration fees to any duly licensed commercial or universal
bank accredited by the BIR as authorized to receive income tax payments in the
following amounts:
4.3.1. A onetime payment of Three Hundred Thousand Pesos (P300,000) for the
principal applicant upon filing of the registration forms with the bank: Provided,
that the BIR may promulgate rules and regulations for other modes of payment
through installment scheme.
4.3.2. A single payment of Twenty Five Thousand Pesos (P25,000) for the
spouse and Twenty Five Thousand Pesos (P25,000) for each legitimate child
below eighteen (18) years of age.
4.3.3. Children bom after June 30, 2000 of parents who received the benefits of
this Act shall, upon proper registration with the BI become legal residents
4.3.4. The integration fees paid by an alien shall be in lieu of all immigration fees
and fines said alien may have incurred during his unlawful residence in the

country,

4.4. Submission of a medical certificate stating that the applicant is not a user of
prohibited drugs or otherwise a drug addict and that he/she is not afflicted with
Acquired Immune Deficiency Syndrome (AIDS)

4.5. Submission of a medical certificate stating that the applicant is mentally and
psychologically healthy.

SEC. 5. Official Receipt - The commercial or universal bank shall issue an official receipt
acknowledging receipt of the integration fee, upon payment by the applicant of a processing
fee of One Thousand Pesos (P1,000). In the event the registration was effected under
paragraph 2 of subsection 4.1, the bank shall furnish copies of the registration document to
the following agencies:

(1) the civil register of the applicant's place of residence’

(2) the BIR; and

(3) the NBI

Thereafter, the bank shall issue a certification to this effect in favor of the applicant.

SEC. 6. Duties of the BI - Upon presentation by the applicant of the official receipt from the
bank, together with a certification from the bank or agency concerned, as the case may be
that the civil registrar, the BIR and the NBI received copies of the registration forms defined
in Subsection 4.2 hereof, the BI shall immediately issue an alien certificate of registration
(ACR) to the applicant. The legal residence granted under this Act shall commence from the
date the BI issues the ACR.

The Bi shall publish, at the applicant's expense, the names, ages, addresses and a
photograph of each of the applicants in a national newspaper of general circulation at the
end of each calendar month during the effectivity of the application period, as herein after
provided in Section 8. The banks authorized under this Act to collect the fees herein required
shall collect a publication fee of Five Thousand Pesos (P5,000) from the applicant


SEC. 7. Ministerial Duty of the Civil Registrar, the BIR and the NBI - The Civil Registrar, the
BIR and the NBI shall have the ministerial duty to accept the registration forms required
under Section 4. Each of these agencies may charge no more than One Hundred Pesos
(P100) for the filing of the registration forms. Upon payment of the filing fee, the agency
concerned shall issue a certification that the alien has filed with said office by himself/herself
or through the bank, all the forms required under Section 4.

SEC. 8. Application Period — The benefits extended by Section 3 can be availed of within
two (2) years from the effectivity of this Act.

SEC. 9. Administrative Confirmation — The procedure herein provided may be availed of by
any alien who may want a confirmation of his stay in the Philippines.

SEC. 10. Eligibility for Citizenship ~ Aliens granted legal residence under this Act shall be
eligible to apply for naturalization after five (5) years from the approval of his/her application.

SEC. 11. Compliance Report and Oversight Functions — The BI shall submit to the chair of
the Committees on Justice of each chamber of Congress, copy furnished the Senate
President and the Speaker of the House of Representatives, a written report on the
developments in the implementation of this Act every six (6) months from the effectivity of
this Act for purposes of oversight functions.

SEC. 12. Revocation of Resident Status — Deceit or misrepresentation on the part of any
applicant to enable them to obtain legal status under this Act shall be a ground for
cancellation or revocation of their resident status. The BI shall promulgate rules and
regulations to determine the authenticity of the documents submitted by the applicants. The
BI may revoke applicants or legalized aliens on the basis of substantial evidence.

SEC. 13. Perjury - All applications shall be under oath or affirmation, which oath or
affirmation shall be required for their registration Applicants who violate their oath or
affirmation by knowingly making untruthful statements on any material mater in their
application shall be liable for perjury under the Revised Penal Code.

In addition to the penalty imposed on perjury, the subsequent convictions of the
applicant shall revoke the legal residence granted hinvher and shall subject the applicant to
deportation proceedings.

SEC. 14. Appropriations — There is hereby appropriated, out of the payments received under
Section 4 hereof, an amount of Five Million Pesos (P5,000,000) to cover administrative and
‘other expenses to be incurred in the implementation of this Act

SEC. 15. Privacy Clause — Information submitted by an alien applicant pursuant to this Act,
shall be used only for the purpose of determining the veracity of the factual statements by
the applicant or for enforcing the penalties prescribed by this Act

SEC. 16. Rule-making Powers - The provisions of this Act are self-executory and shall not
be dependent on the issuance of any rules or regulations. The Secretary of Justice is hereby
authorized, however, to promulgate only such rules and regulations as may be needed to
efficiently and administratively implement the provisions of this Act

SEC. 17. Separability Clause — If any provision of this Act is declared unconstitutional or
invalid, such sections or parts not affected thereby shall remain in full force and effect.


SEC. 18. Repealing Clause — All laws, decrees, executive orders, rules and regulations or
parts thereof inconsistent with the provisions of this Act are hereby repealed or modified
accordingly.

SEC. 19. Effectivity Clause — This Act shall take effect after fifteen (15) days from its
publication in the Official Gazette or in at least two (2) national newspapers of general
circulation, whichever comes earlier.

Approved.