Introduced by Honorable JUAN PONCE ENWILE 
EXPLANATORY NOTE 
The current organization, system and operations of the Bureau of 
Immigration are governed by Commonwealth Act No. 613, or the Philippine 
Immigration Act of 1940. Notwithstanding the amendments which have been 
introduced thereto over the years, the law needs to be further amended to 
enable our own Bureau of Immigration to adapt to the changing times. The 
Bureau needs to evolve into an agency that is more responsive to the challenges 
brought about by the advancement in science and technology. 
This bill, therefore, seeks to reorganize the Bureau of Immigration and 
institute the same into a Commission. 
It defines the functions of each 
department created thereunder to avoid red tape and overlapping of functions, 
and likewise seeks to introduce changes to the now antiquated systems and 
procedures on immigration being used in our country. 
To attract foreign 
investments, more visa categories and privileges to foreign investors will likewise 
be made available. To protect the safety and security of our people, the 
classifications of foreigners or aliens who shall be disqualified to enter the 
country are also expanded. Moreover, penalties for foreigners or aliens who 
shall be engaged in unlawful activities are further strengthened. 
In introducing these amendments, it is hoped that a more responsive 
immigration law shall augur well for the protection of the security, safety and 
well-being of our people. 
is earnestly recommended. 
In view of the foregoing considerations, the immediate approval of the bill 


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FOURTEENTH CONGRESS OF THE 
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REPUBLIC OF THE PHILIPPINES 
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First Regular Session 
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Introduced by Honorable JUAN PONCE ENRILE 
THE PHILIPPINE IMMIGRATION AND NATURALIZATION ACT OF 2007 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
TITLE I 
GENERAL PROVISIONS 
Sec. 1. iWe of the Act -This Act shall be known as the ”Philippine Immigration 
and Naturalization Act of 2007.” 
Sec. 2. 
Declaration of Policy. - It is hereby declared that the Philippine 
immigration structures, policies, rules and regulations established under this Act, shall 
be designed, operated, and administered in such a manner as to promote the domestic 
and international interests of the Philippines, recognizing the need to: 
a) Process the entry of visitors into the Philippines for the purpose of fostering 
investments, trade and commerce, cultural and scientific activities, tourism and 
international understanding: 
b) Enrich and strengthen the cultural and social fabric of the Philippines; 
c) Ensure that any person who seeks admission into the Philippines on either a 
permanent or temporary basis is subject to standards of admission 
that do 
not discriminate in a manner inconsistent with the basic principles of justice and 
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fair play; 


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d) Take an active participation in the advancement of national security and national 
interest; 
e) Foster the development of a strong and viable economy and the prosperity of all 
regions in the Philippines; 
f) Institutionalize and strengthen the mechanisms for the protection of the health, 
morals, safety and good order of the Philippine society; 
g) Promote international order and justice by denying the use of Philippine territory 
to persons who are engaged or likely to engage in terrorist, human smuggling 
and trafficking, criminal and other nefarious activities; 
h) Streamline and strengthen the existing governmental structures charged with the 
administration and enforcement of immigration and related laws, rules and 
regulations in order to make them adaptive to the growing immigration demands 
of the country; 
i) Professionalize the immigration service by instituting a rigid system of screening, 
selection and development of immigration officers and personnel. 
Sec. 3. 
Definition of Terms, - As used in this Act, the following terms are defined as 
follows: 
a) "Admission" - shall mean the process in which an alien arriving at a port of entry 
in the Philippines is allowed into the country by the immigration authorities; 
b) "Alien" - shall refer to any person not a citizen of the Philippines, also termed as 
foreign national; 
c) "Board" - shall refer to the Board of Commissioners provided for in this Act. 
d) "Captain" - shall mean the master of a vessel (such as a ship) or commander of 
an aircraft, or anyone having control or charge of a vessel or aircraft; 
e) "Child - shall refer to a person under eighteen (18) years of age; 
f) "Citizen" shall refer to any person who is a citizen of the Philippines; 
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g) "Commission" - refer to the Commission on Immigration and Naturalization; 


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h) "Commission" - shall refer to the Commissioner of Immigration 
i) "Consular officer"- shall refer to any official of the government of the Philippines 
designated by the President for the purpose of issuing visas to aliens as required 
of aliens of this Act; 
j) "Entry" - shall refer to any admission of an alien into the Philippines from a place 
outside thereof, except when an alien having a lawful permanent residence in 
the Philippines shall not be regarded as making an entry for the purpose of this 
Act, if the alien proves that his departure to a place outside the Philippines was 
for a temporary or limited period, or his continued absence from the Philippines 
was occasioned by deportation proceedings, extradition, or other legal process; 
k) "Husband" and/or "Wife" - shall not include a wife or husband by reason of a 
proxy or picture marriage; 
I) "Immigrant" - shall refer to any alien, other than non-immigrant, departing from 
any place outside the Philippines destined for the Philippines; 
m) "Immigration laws" shall refer to this Act and any other law presently existing or 
which may hereafter be enacted relating to the entry of aliens into the 
Philippines, and their exclusion, deportation, and repatriation therefrom; 
n) "Immigration officer" - shall refer to any person appointed under Section 28 of 
this Act or any employee of the Commission designated by the Commission to 
perform the powers, duties and functions of an immigration officer as specified 
under this Act. 
o) "Naturalization" - means either a judicial or administrative process by which a 
foreign national acquires Philippine citizenship; 
p) "Naturalization laws" - shall mean Republic Act No. 9139, otherwise known as 
"The Administrative Naturalization Law of 2000." 


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q) "Non-immigrant" - shall refer to any alien departing from any place outside the 
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Philippines who is allowed entry and admitted into the Philippines for a 
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of the Philippines; 
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w) "Seaman," 
"crewman" or "crewmember" - shall mean a person actually 
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y) "Travel document" - shall reman an official certification containing the 
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description and other personal circumstances of the bearer, issued for direct 
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travel to or from the Philippines and normally valid for short periods or for a 
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particular trip; 
temporary or limited period of stay. 
r) "Passport" - shall mean an official document issued by competent authority of a 
country showing the bearer's origin, identity, and nationality/citizenship, and 
which is used for identification, travel purposes and for entry of the bearer 
thereof into a foreign country; 
s) "Person" - shall refer to a natural or juridical person. When construing and 
enforcing the provisions of this Act, the act, omission, or failure of any director, 
officer, agent, authorized representative or employee of any juridical person 
acting within the scope of his authority or employment or office shall, in every 
case, be deemed the act, omission, or failure of such juridical entity' 
t) "Philippines" - shall refer to all the territory as defined in the 1987 Constitution 
u) "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; 
v) "president" - shall refer to the President of the Philippines; 
employed in the operation or service in any capacity on board a vessel; 
x) "Secretary" - shall refer to the Secretary of Justice' 


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z) “Unmarried” - when used in reference to an individual as of any time, shall refer 
to an individual who at such time is not married, whether or not previously 
married; 
aa)”Vessel” - shall refer to all means of conveyances, whether air or water; 
bb)”Visa”- shall mean an endorsement on a passport or any travel document issued 
by a consular officer abroad authorizing the holder thereof to proceed to a 
designated port of entry in the Philippines and there to apply for entry and 
admission under the status specified therein; Immigration status granted and/or 
issued to aliens by the Commission, under Sections 9 and 13 of this Act shall 
likewise be called visa. 
TITLE I1 
COMMISSION ON IMMIGRATION AND NATURALIZATION 
Chapter 1 -The Commission 
Sec. 4. Creation. - A Commission on Immigration and Naturalization is hereby 
created which shall be principally responsible for the administration and enforcement of 
immigration, alien registration, citizenship and administrative naturalization laws, 
including but not limited to those dealing with the admission, exclusion, registration, 
deportation and repatriation of aliens, and the implementation of all laws, rules, 
regulations or orders of any competent authority concerning the entry and admission 
into and the departure from the Philippines of all persons. 
Sec. 5. Composjtion and Quafiflcation, - The Commission shall be administered 
by a Board of Commissioners headed by the Commissioner as chairman, and four (4) 
Associate Commissioners as members, ail of whom shall be natural-born citizens of the 
Philippines and, at the time of their appointment, at least thitty-five (35) years of age, 
and holders of a college degree: 
Provided, however, That at least three (3) of the 


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Members of the Board of Commissioners shall be members of the Philippine Bar in good 
standing and two (2) of them must have had executive and management experience 
preferably with an appreciation of electronic data processing and/or dynamics of 
organizations. The Commission shall be under the administrative supervision of the 
Department of Justice. 
Chapter 2 -The Commissioner 
Sec. 6. 
Appointment Rank and Tenure of the Commissioner. - The 
Commissioner shall be appointed by the President and shall hold ofice for a term of 
seven (7) years without reappointment to start from the time of assumption of office. 
He shall have the rank, salary and privileges equivalent to an undersecretary of a 
department. 
At the expiration of the term of the Commissioner, the most senior 
Associate Commissioner shall temporarily assume and perform the duties and functions 
of the Commissioner until a permanent Commissioner is appointed by the President. 
Any vacancy prior to the expiration of the term of the Commissioner shall be filled for 
the unexpired term only. 
The Commissioner shalt be charged with the administration and enforcement of 
this Act and all other laws relating to immigration, alien registration, citizenship and 
naturalization by administrative process and shall implement all laws, rules, regulations 
or orders of any competent authority concerning the entry into, stay and departure 
from the Philippines of all persons, except insofar as this Act or such laws related to the 
powers, duties and functions conferred upon the President, the Secretary and the 
Secretary of Foreign Affairs or consular officers. 
Sec. 7. Powers and Functions of the Commissioner. - In addition to his duties as 
Chairman of the Board of Commissioner, the Commissioner of Immigration shall 
exercise the following powers and functions: 
a) To supervise, direct and coordinate the overall operations of the Commission; 


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b) To appoint the officers and personnel of the Commission, subject to civil service 
and other existing applicable rules and regulations, and to exercise control and 
supervision over them; 
c) To dismiss any employee for cause, which dismissal in the case of permanent 
and classified employees shall be in conformity with the Civil Service Law; 
d) To delegate authority to subordinate officers and employees of the Commission, 
except with regard to the issuance of warrants of arrest, search warrants, 
warrants for deportation, hold-departure orders, allow-departure orders and 
orders for blacklisting which my only be delegated to the Associate 
Commissioners; 
e) To accept donations of materials, equipment or technical services from any 
foreign government, international or domestic organization, to upgrade the 
efficiency and operations of the Commission: 
Provided, That such is not 
onerous on the part of the Commission; 
f) To act on petitions for issuance of quota immigrant visa or change of admission 
status to quota immigrant; 
g) To act on petitions for issuance of special non-immigrant visa as provided under 
Section 35(m); 
h) To act on petitions for declaration of indigency; 
i) To issue, after determination of the existence of probably cause, warrants of 
arrest, search warrants, warrants for deportation, hold-departure orders, allow- 
departure orders and orders for blacklisting; 
j) To approve application for visa waivers and extension of stay of non-immigrants 
upon proper application and under such conditions as he/she may prescribe; 
k) To declare such control posts, landing places, airports or ports/points of entry, as 
he/she may consider to be necessary for the purposes of this Act; 
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To increase, waive or reduce immigration fees, damages, fines and penalties; 


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m) To issue certificates of identification to aliens who have obtained Filipinos 
citizenship as recognition of their Philippine citizenship; 
n) To issue permits to carry firearms, ammunition and communications equipment 
to authorized intelligence operatives for use in enforcement operations and in the 
execution of warrants: 
Provided, That such firearms are issued by the 
Commission; 
0 )  To authorize and prescribe the forms and the amount of cash bonds for the 
provisional release of respondents; 
p) To provide an express lane for the rendition of services performed for individual 
aliens upon payment of the fees he may prescribe, and to deposit in an 
authorized government depository bank all such fees received under a trust fund 
that may be made available for the payment of allowances to employees of the 
Commission, payment of which shall be in accordance with the existing budget, 
accounting and auditing rules and regulations and to the revised compensation 
and position classification system. Immigration employees may be assigned by 
the Commissioner to do overtime work at rates fixed by him when the services 
rendered is to be paid for by the shipping companies and airlines or other 
persons served; 
q) To impose reasonable Fines and penalties for violation of immigration and alien 
registration laws in accordance with guidelines adopted by the Commission; 
r) To submit to the President and the Congress annually or as may be directed, a 
report on the number and the status of aliens in the Philippines, on aliens 
admitted or granted change of status as permanent residents; on aliens who 
have been excluded or deported from the Philippines; on the number of aliens 
estimated to be present illegally in the Philippines in each calendar year and 
actions taken to arrest them; the number and rate of denial of administrative or 


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judicial petitions for naturalization, by nationality grouping, for each region in the 
Philippines; and other such transactions of the Commission; 
s) To prepare and submit annual supplemental budget of the Commission for the 
consideration of the Department of Budget and Management; 
t) To prescribe such rules, regulations or other administrative issuance to govern 
proceedings or to carry out provisions of this Act; 
u) To prescribe such forms and bonds, reports, entries and other papers; and 
v) To perform such other functions inherent in his office although not specified by 
law. 
Chapter 3. - The Associate Commissioners 
Sec. 8. 
Appointment, rank and tenure of the Associate Commissioners. - There 
shall be four (4) Associate Commissioners of Immigration who shall appointed by the 
President, shall have a rank, salary and privileges equal to an assistant secretary. The 
first Associate Commissioner appointed shall hold office for six (6) years, and the 
second (2"), third (3rd) and fourth (4th) Associate Commissioners, for five (5), four (4) 
and three (3) years, respectively. 
Appointment to any vacancy shall be only for the 
unexpired term of the predecessor. 
Sec. 9. 
Duties of the Associate Commissioner. - In addition to their duties as 
members of the Board of Commissioners, the Associate Commissioners shall exercise 
such powers and functions as may be delegated and assigned to them by the 
Commissioner. 
Chapter 4. - The Board of Commissioners 
Sec. 10. Powers & Functions of the Board. - The Board of Commissioners shall 
have the following powers and functions: 


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cases under its jurisdiction; 
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c) To act on applications for adjustment of status or recommendations for 
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revocation of status; 
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a) To have exclusive jurisdiction to hear and decide appeals regarding the orders or 
resolutions of the Boards of Special Inquiry with regard to deportation and other 
b) To act on petitions for issuance of non-immigrant and non-quota immigrant 
and/or change of admission classification to such visa status as may be provided 
in this act or under special laws; 
d) To act on petitions for cancellation of Alien Certificate of Registration by reason 
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of acquisition of Philippine citizenship, either by birth, election, marriage, 
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repatriation, or naturalization; 
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e) To decide on applications for legalization of residence; 
9 To decide Petitions for Recognition as Filipino citizen and for administrative 
naturalization under this Act heard by the Board of Special Inquiry; 
g) To decide applications for refugee status or asylum heard by the Board of Special 
h) To prescribe rules governing proceedings before it; 
i) To punish for contempt, both direct and indirect, in accordance with the 
pertinent provisions of the Revised Rules of Court; 
j) To prepare and publish an organizational, policy and procedures manual, to 
include requirements, time periods and fees for the perfection of all transactions 
entered into by the Commission with the public; 
k) To professionalize the immigration service by instituting a rigid system of 
screening, selection and development of immigration officers and personnel to 
ensure that only those who are academically, physically and morally fit are 
appointed, particularly to positions which are sensitive in nature; 


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I) To formulate policies, directives, programs and projects, as well as the rules and 
regulations and guidelines to implement the provisions of this Act; and 
m)To perform such other functions and powers as may be provided by existing 
laws, rules and regulations of the Commission not inconsistent with any of the 
provisions of this Act. 
Sec. 11. Decisions of the Board, - In any case of proceeding coming before the 
Board of Commissioners, the decision of the majority shall prevail. All decisions of the 
Board of Commissioners shall become final and executory after the lapse of fifteen (15) 
days from promulgation unless stayed upon order of the Court of Appeals. 
Sec. 12. 
Period for Decision by the Board. - 
Cases before the Board 
Commissioners shall be decided or resolved by the Board within thirty (30) days from 
the date that they are submitted for decision or resolution. 
Sec. 13. 
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 Sec. 10 of this Act. 
The Board shall meet at least twice a month, or as often as the need arises, on such 
day or days as the chairman may fix. 
The notice of the meeting shall be given to all 
the members of the Board of Commissioners and the presence of the chairman and two 
(2) members shall constitute a quorum. 
In no case shall the Board convene in the 
absence of the chairman. 
Chapter 5. -The Executive Director 
Sec. 14. 
Appointment;. Tenure; Qualifications and Functions. - There shall be 
an Executive Order of the Commission who shall be appointed by the Commissioner and 
shall hold office during good behavior, unless sooner removed for cause. He must be a 
natural born citizen of the Philippines, at least thirty (30) years of age, and a member 
of the Philippine Bar in good standing for at least three (3) years prior to his 
appointment. 
He shall act as the technical consultant of the Commissioner and shall 


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serve as the Executive Secretary to the Board of Commissioners. 
Director, shall have the following functions: 
The Executive 
a) To be directly responsible for the effective implementation of the policies, 
directives, programs and projects and the rules and regulations and guidelines 
promulgated by the Commission; 
b) To coordinate and supervise the activities of the different operating units of the 
Commission; and 
c) To perform such other functions that may be assigned by the Commissioners. 
Chapter 6. -The Board of Special Inquiry 
Sec. 15. 
Constitution of a Board of Special Inquiry. - Twelve (12) Boards of 
Special Inquiry are hereby constituted, each to be composed of a chairman and two (2) 
members. 
Each Board shall be designated according to their areas of specialization. 
Among those areas are: application for immigrant and non-immigrant visas of foreign 
nationals in the Philippines, and exclusion and deportation cases. 
Sec. 16. Appointment; Qualification and Tenure of the Members of the Board of 
Special Inquiry. - The chairmen and members of the Boards of Special Inquiry shall be 
appointed by the Commissioner, all of whom shall be natural-born citizens of the 
Philippines, and at the time of their appointment, at least thirty (30) years of age, 
members of the Philippine Bar in good standing, with at least three (3) years in actual 
court practice. They shall hold office during good behavior, unless sooner removed for 
cause. 
The Commissioner shall appoint from among all members of the Board an 
executive chairman, who shall be responsible in designating the Boards according to 
their areas of specialization subject to the approval of the Commissioner. 
The chairmen and members shall receive an annual salary in accordance with the 
salary standardization law. 


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Sec. 17. Functtons and Duties of the Board of Speciai Inquiy. - The Boards of 
Special Inquiry shall: 
Have exclusive original jurisdiction to hear and submit for final resolution of the Board 
of Commissioners the following cases: 
a) Deportation cases; 
b) Applications for legalization of unlawful residence; 
c) Applications for refugee status or asylum; 
d) Questionable or doubtful admission or exclusion; 
e) Cancellation of immigrant visa, reentry permits, identification certificates as a 
citizen of the Philippines or any other document issued by the Commission 
obtained by fraud, misrepresentation or concealment of material facts; and 
f) Violations of the immigration and alien registration laws. 
The Boards of Special Inquiry shall perform such other functions and powers as 
now or hereafter may be provided by law, or such rules and regulations of the 
Commission not inconsistent with any of the provisions of this Act. 
Section 18. Powers of the Board of Specai Inquiry. - In order to effectively 
exercise their functions, the Boards of Special Inquiry shall have the following powers: 
a) To administer oaths; 
b) To punish for contempt of the Board and/or the Commission, both direct and 
indirect, in accordance with the pertinent provisions of the Rules of Court; 
c) To recommend to the Commissioner the issuance of subpoena and subpoena 
duces tecum and summon witnesses to appear in any proceedings of the Boards 
of Special Inquiry; and 
d) To recommend to the Commissioner the imposition of fines and penalties and 
waiver or reduction of fees, charges, fines and penalties not provided for in this 
Act. 


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Sec. 19. Proceedigs before the Board of Speciial Inquiry. - The hearings and 
proceedings before the Boards of Special Inquiry shall be public and open and shall be 
faithfully recorded. Inn all cases, the Boards of Special Inquiry shall meet and act as a 
board. 
On members of the Philippine Bar in good standing shall appear for and in 
behalf of any party before the Boards of Special Inquiry: 
Provided, however, That in 
deportation cases, no private individual shall be allowed to appear and act as private 
prosecutor. 
Sec. 20. Resolutions of the Board of Special Inquiy. - Cases before the Boards 
of Special Inquiry shall be decided or resolved within thirty (30) days from the date that 
they are submitted for resolution. Resolutions of the Board of Special Inquiry shall be 
submitted to the Board of Commissioners for their approvalldisapproval and shall 
become final and executory fifteen (15) days after receipt of a copy thereof by the alien 
or his counsel of record, unless appeal has been perfected to the Board of 
Commissioners. No motion for reconsideration is allowed. 
Sec. 21. Procedure and PeriodforAppeal. - An alien may appeal the resolution 
of the Board of Special Inquiry to the Board of Commissioners by filing a notice of 
appeal, payment of the appeal fee, and submission of a written memorandum of appeal 
signed by the foreign national. 
The appeal must be filed with the Boards of Special 
Inquiry who decided the case, within forty-eight (48) hours From the time a copy of the 
resolution is received by the appellant and/or counsel of record. No appeal filed after 
this period shall be accepted. Where such appeal has been taken, any further appeal 
shall be disregarded. 
Sec. 22. Transmittal of the Records on Appeal to the Board of Commissioners. - 
The Boards of Special Inquiry shall, upon perfection of the appeal, transmit within forty- 
eight (48) hours the entire records of the case to the Board. 
The Board may, motu 
propio or upon motion by the appellant, hear the case de novo or receive additional 
evidence. 
The appeal shall stay the resolution or decision appealed from unless the 


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Board directs its execution pending appeal considering the nature and circumstances of 
the case. 
Sec. 23. 
Period for Resolution of the Appea/. - The Board of Commissioners 
shall decide the appeal within sixty (60) days from receipt of the records of the case. 
The decision of the Board shall become final and executory fifteen (15) days after 
receipt by the appellant or his counsel of record of a copy thereof. 
Chapter 7. - Departments and Personnel of the Commission 
Sec. 24. Departments of the Commission. - The Commission shall have seven 
(7) departments, namely: 
a) Administration; 
b) Law and Investigation; 
c) Financial and Management; 
d) Intelligence; 
e) Immigration Regulations and Alien Control; 
9 Alien Registration and Statistics; 
g) Electronic Data Processing and Records Management. 
Sec. 25. Heads of the Department, - 
Each of the above departments shall be 
headed by a Director who shall be a holder of a college degree and the appropriate civil 
service eligibilities: 
Provided, however, That the Director for Law and Investigation 
shall be a member of the Philippine Bar in good standing and the Director for Financial 
and Management shall be a Certified Public Accountant. 
Sec. 26. Functions of each Department- 
A. The Administration Department shall have the following functions: 
1) Direct and supervise the administrative and other support activities of the 
Commission; 


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2) Develop and administer progressive personnel management programs on 
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recruitment, 
selection, 
appointment, placement, 
promotions, 
career and 
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employee development, welfare services and incentive system; and develop and 
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conduct appropriate training programs for personnel of the Commission; 
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3) Serve as a clearing center for all official communications, whether incoming or 
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outgoing; establish and maintain a sound central records system and the 
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efficient management thereof; 
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provided by law. 
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Commission; 
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4) Acquire and process requisitions for supplies, materials, and equipment, provide 
for the safe and proper storage thereof, and conduct periodic inventory of the 
same; provide messengerial, janitorial, security and other utility services; 
5) Reproduce, disseminate, and maintain an updated compilation of all issuance of 
the Commission signed by the Commissioner or Board of Commissioners and 
make the same available to any interested party; and maintain and keep an 
official logbook of all such issuance; 
6) Administer the medical and dental services and physical fitness programs of the 
7) Receive complaints and grievances from the general public, prepare referrals to 
concerned offices and monitor responses or actions taken; and 
8) Perform such other functions as director by the Commissioner or as may be 
6. The Law and Investiaation DeDartment shall have the following functions: 
1) Advise the Commissioner on all legal matters affecting the administration and 
enforcement of the immigration, alien registration, citizenship and naturaiization 
laws; and render legal service to the Commissioner and employees of the 
2) Represent the Commission or the Commissioner in court, collaborate with the 
office of the Solicitor General in the proper prosecution of cases on appeal to the 


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Court of Appeals or the Supreme Court; collaborate with the prosecutor 
concerned in the prosecution of criminal cases for violation of the immigration, 
alien registration, citizenship, and naturalization laws; 
3) Process, evaluate and recommend appropriate action to the Commissioner on 
applications/petitions for declaration of indigency; 
and investigate and 
recommend appropriate action to the Commissioner involving complaints for 
violations of the immigration and alien registration laws and regulations; 
4) Prepare requests to any law enforcement agency for a background investigations 
and records check of native-born foreign national applying for administrative 
naturalization or recognition for the approval of the Commissioner; 
5) Process, evaluate and recommend appropriate action to the Board of 
Commissioners visa applications/petitions provided for under Section 35, 
paragraphs (e), (f), (9, (h), (0, ci), (k) and (1); 
6) Prepare request to any law enforcement agency for a background investigation 
and records check of native-born foreign national applying for administrative 
naturalization or recognition for the approval of the Commissioner; 
7) To gather and consider evidence which is material and relevant to the 
administration and enforcement of this Act and, when necessary, make a written 
record of such evidence; 
8) To recommend to the Commissioner the issuance of search warrants and 
warrants of arrest and other processes against aliens complained of or charged; 
9) Recommend confiscation of cash bonds or surety bonds for violation of the terms 
and conditions thereof; 
10)Evaluates complaints on alien smuggling; prepares complaint affidavits against 
aliens and other persons who engaged in human smuggling for filing with the 
office of the prosecutor for possible filing of criminal charges before the courts; 


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11)Investigate administrative cases against employees of the Commission when 
directed by the Commissioner; 
12)Represent the Commission on matters relating to agreements between the 
Philippines and another country concerning immigration, illegal entry and border 
crossing; 
13)Shall act as the prosecuting arm of the Commission, more particularly on 
deportation cases; 
14)Prepare warrants of detention and search and seizure warrants for violation of 
the immigration and alien registration laws and regulations; and prepare hold- 
departure orders or orders for the lifting thereof upon instructions of the 
Commissioner; 
15)They shall likewise process and make recommendations on Petitions for 
administrative naturalization and petitions for recognition as Filipino citizens 
which shall include the following functions: 
a) Process and make recommendations on applications for administrative 
naturalization and cancellation of alien registry based on claims of Philippine 
citizenship either by birth, election, marriage, repatriation or naturalization; 
b) Process and make recommendations on petitions for recognitin of Filipino 
citizens; 
c) Process, evaluate and make recommendations to the Board of Commissioners 
on visa application/petitions for conversion of admission status from 
temporary visitor to quota or non-quota immigrant visa. 
d) Receive and docket all petitions for administrative naturalization, cancellation 
of Alien Certificate of Registration (ACR) or recognition as Filipino Citizens 
filed under this Act and handle the publication requirements thereof; 
e) Recommend the revocation of Certificates of Identification of Philippine 
Citizenship or Certificates of naturalization issued pursuant to this Act, 


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acquired through fraud, misrepresentation, false and misleading statements 
or documents, or concealment of material facts; 
f) Keep and preserve intact at all times records of all proceedings for the 
acquisition or reacquisition of Philippine citizenship and all other official 
actions related to or in connection therewith; 
g) Process and make recommendations on applications for administrative 
naturalization and cancellation of alien registry based on claims of Philippine 
citizenship either by birth, election, marriage, repatriation or naturalization; 
h) Process and make recommendations on petitions for recognition of Filipino 
citizens; 
i) Receive and docket all petitions for administrative naturalization, cancellation 
of Alien Certificate of Registration (ACR) or recognition as Filipino citizens 
filed under this Act and handle the publication requirements thereof; and 
16)Perform such other functions as may be directed by the Commissioner or as may 
be provided by law. 
The Financial Manaaement Deuartment shall have the following functions: 
1) Prepare the annual and special budgets of the Commission; provide technical 
advice on fiscal matters; prepare and submit performance and fiscal reports and 
control allotments and obligations; 
2) Maintain and keep books of accounts of the Commission; ascertain that all 
transactions have been properly recorded; submit financial statements and 
reports; ascertain and certify to the correctness of vouchers for traveling 
expenses; and compute and deduct Government Service Insurance System 
(GSIS) insurance premiums, medicare contribution, withholding taxes and other 
legitimate payroll deductions and prepare correspondence on bookkeeping 
matters; 


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3) Undertake regular management studies of the Commission’s organizational 
structure and manpower requirements and utilization; review existing methods, 
procedure and systems and make recommendations for improvements; 
4) Undertake income projections for the Commission; 
5) Prepare annual budgetary requirements of the Commission to be submitted to 
the Department of Justice and the Department of Budget and Management; and 
6) Perform such other functions as directed by the Commissioner or as may be 
provided by law. 
The Intellicience Department shall have the following functions: 
1) Provide accurate and complete intelligence information for the effective 
enforcement of the immigration, alien registration, citizenship and laws and 
regulations; 
2) Collect, collate and evaluate data and information on acts in violation of the 
immigration, alien registration, 
citizenship and naturalization laws and 
regulations, and immediately report such violations to the Commissioner or 
immigration district director concerned, and take the necessary and appropriate 
action as directed by them; 
3) Coordinate with other intelligence and security agencies (domestic and foreign) 
in the collection and dissemination of intelligence information concerning aliens 
entering or leaving the Philippines; 
4) Detect and report subversive and terroristic activities of aliens and other 
activities inimical to national interest; 
5) Take steps to safeguard the country from illegal entrants; 
6) Conduct surveillance operations in specific target areas as directed by the 
Commission or his/her authorized representative; 
7) Interview aliens summoned or conduct inquiry of aliens taken into custody 
pursuant to a warrant of detention; 


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8) Serve orders and/or subpoenas issued by the competent authorities of the 
Commission; and 
9) Perform such other functions as directed by the Commissioner or as may be 
provided by law. 
The Immiqration Reclulations and Alien Control Department shall have the following 
functions: 
1. Immiqration Regulation 
a) Enforce the immigration laws and the regulations relating to the entry and 
admission of aliens on primary inspection, as well as their exclusion or 
repatriation, and the temporary landing of transients; and those relating to the 
imposition of administrative fines against vessels or aircraft for violations of the 
immigration laws and regulations; 
b) Monitor all aliens admitted for temporary or limited records only, in coordination 
with the Intelligence Division; 
c) Keep under surveillance all commercial vessels or aircraft and the alien members 
of their crew while in Philippine territory; 
d) Serve warrants of detention, or search and seizure warrants issued by the 
Commissioner; 
e) Take charge of the physical detention of aliens pending determination of their 
excludability, deportability or repatriability; 
f) Take charge of and attend to the removal or deportation of alines; 
g) Draft orders and circulars for the guidance of immigration officers in the proper 
enforcement of the immigration laws and the regulations, for the approval of the 
Commissioner; and 
h) Perform such other functions as directed by the Commissioner or as may be 
provided by law. 
2. The Sub-oorts and Border Crossincl Monitoring 


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a) To conduct border patrol operations in the agreed border areas in order to deter 
illegal activities and other acts inimical to the national interests of the Philippines 
and the contracting state concerned; 
b) To establish an expeditious and simplified system of control for the entry and 
exit of qualified border crossers; 
c) To enforce passport, visa and immigration laws and regulations in all other cases 
of travel or border crossing not covered by such agreement; 
d) To oversee the exclusion, apprehension, deportation and repatriation of illegal 
entrants; and 
e) To perform such other duties and functions as directed by the Commissioner or 
higher authorities. 
3. The Travel Control for International Airoorts and Seaports 
a) The enforcement and the administration of the immigration laws within the 
premises and areas of an international airport; 
b) To establish an expeditious and simplified system of control for the entry and 
exit of qualified border crossers; 
c) To enforce passport, visa and immigration laws and regulations in all other cases 
of travel or border crossing not covered by such agreement; 
d) To oversee the exclusion, apprehension, deportation and repatriation of illegal 
entrants; and 
e) To perform such other duties and functions as directed by the Commissioner or 
higher authorities. 
F. The Alien Reaistration and Statistics Department shall have the following functions: 
1) Take charge of the registration of aliens pursuant to and in accordance with the 
Alien Registration Act of 1950, as amended, and the regulations and subsequent 
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national listing or census of aliens who are residents in the Philippines; 


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2) Prepare certificates of identification of Philippine citizenship and certificates of 
naturalization under this Act, for the signature of the Commissioner and 
transmittal to the Department of Justice for the signature of the Secretary; 
3) Keep and maintain photofile records of registered aliens; and records of all 
portrait parle examinations; 
4) Take and maintain records of fingerprints of registered aliens; classify, verify and 
file fingerprint charts for dactylographic purposes, and preserve their integrity at 
all times; 
5) Issue certifications reflecting the true status or category of aliens, such as non- 
immigrants, immigrants, temporary visitors, treaty traders, 
pre-arranged 
employee and non-immigrant students; 
6) Issue exit clearance certificates, certificates of exemption, re-entry permits of 
aliens under the same status prior to leaving the country; 
7) Issue duplicate original for lost certificates of registration, certificates of 
residence or other registration documents of aliens, after investigation and 
favourable recommendation of the Alien Registration and Statistics Department; 
8) Draft orders and circulars for the guidance of alien registration officers in the 
proper enforcement of the alien registration laws and the regulations, for the 
approval of the Commissioner; and 
9) Perform such other functions as directed by the Commissioner or as may be 
provided by law. 
G. The Electronic Data Processing and Records Management Department shall have the 
following functions: 
1) Plan, design and implement all management information, office automation and 
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data processing systems of the Commission; 


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2) Plan for, install, maintain in proper condition, and operate computers, data 
communication facilities and automation equipment with emphasis on ensuring 
the integrity and protection of the data and information stored in the system; 
3) Linking, planning, execution and control within the subsystem; 
4) Coordinating and integrating the subsystem; 
5) Prepare computer equipment sites and acquire related software, materials and 
supplies; 
6 )  Ensure effective usage of computer resources; 
7) Develop and train service personnel in modern computer and office automation 
techniques and train other personnel in its efficient usage; 
8) Keep and maintain original up-to-date and accurate records of all registered 
aliens in the Philippines, reports of change of address, amendments to entries in 
their certificates of registry to show the correct particulars of registered aliens 
and cancellation of the alien’s registry by reasons of his death or acquisition of 
Philippine citizenship, and preserve their integrity at all times. 
9) Keep and maintain an updated filed of derogatory records and properly 
evaluated summaries of information against aliens, including those who have 
been excluded, removed and deported and those facing deportation charges or 
are included in the hold-order list, blacklist or watchlist; 
10)Establish links with other government agencies to facilitate validation of required 
documents presented for all transactions and gathering supplemental information 
for other services of the Commission; 
11)Ensure the security, safety and integrity of all records, data and information 
stored in the system; and 
12)Perform such other functions as directed by the Commissioner or as may be 
provided by law. 


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Chapter 8 - Immigration and Naturalization Regions 
Sec. 27. Establishment of Immigration and Naturalization Regions; Head Thero f 
- The Commissioner shall group provinces and cities in the Philippines on the 
demographics of its alien population, into immigration and naturalization regions, the 
respective limits of which may be changed from time to time for the effective 
administration, implementation and enforcement of this Act. 
An immigration and 
naturalization region shall have its principal office in the place where the principal port 
of entry for customs purposes is located. 
It shall be headed by a Regional Alien 
Control Supervisor who shall be charged with the administration and enforcement of 
immigration, alien registration, citizenship and naturalization laws and other related 
laws within his jurisdiction and operational area of responsibility. He shall also perform 
such other functions as may be directed by the Commissioner. 
Sec. 28. 
Powers, duties and functions of the Regional Alien Control Superv~so~ 
- Subject to the rules, regulations, policies and standards to be prescribed by the 
Commissioner, the Regional Alien Control Supervisor shall, within the region under his 
jurisdiction and operational area of responsibility, perform the following powers, duties 
and functions: 
a) Implement the laws, policies, programs and the rules and regulations of the 
commission; 
b) Collect immigration fees as may be allowed by the Commissioner; 
c) Issue immigration documents including visas as may be delegated by the 
Commissioner; 
d) Prescribe regulations, not inconsistent with this Act, or the regulations of the 
Commission, for the effective administration of the region, the same to be 
effective upon approval by the Commissioner; 
e) Supervise the officers and employees of the immigration field offices in the cities 
and provinces; 


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9 Coordinate with other regional officials of other departments, commissions, or 
agencies of the government in his region; and 
g) Perform such other functions as may be provided by law or as directed or 
delegated to him by the Commissioner. 
Chapter 9. - Immigration Filed Offices 
Sec. 29. 
Estabkhment of Immigration Field Offices. - The Commissioner shall 
establish immigration field offices in such cities and provinces where the entry of 
foreigners and the alien population in such places warrant. 
Sec. 30. Head of Immigation Field Office; Responsibility, - The Immigration 
Field Office shall be headed by the District Alien Control Officer who shall be responsible 
for the enforcement and administration of the immigration laws, policies and procedure 
within their respective cities or provinces. 
Said field office shall be under the 
supervision and control of the Regional Alien Control Supervisor. 
Chapter 10. - Other Officers of the Commission 
Sec. 31. 
Immigration Attaches. - The positions of Immigration Attaches are 
hereby created. No person shall be appointed to the position of immigration attache 
unless he has been employed in the Commission holding a position not lower than a 
section head for at least three (3) consecutive years immediately prior to his 
appointment with the appropriate eligibilities and qualifications for such a post. 
He 
should not have any administrative or criminal case filed against him. They shall report 
directly to the Commissioner. 
Sec. 32. Immigration Oficers. - The position of immigration officers are hereby 
created. No persons shall be appointed to the position of immigration officer unless he 
is a holder of a bachelor's degree and a first grade civil service eligible. 
The 
immigration officers shall perform the following duties: 


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a) To examine with the assistance and advice of medical authorities in appropriate 
cases, aliens at the port of entry concerning their admissibility to enter and their 
qualifications to remain in the Philippines; 
b) To exclude aliens not properly documented, and to admit non-immigrants 
complying with the applicable provisions of immigration and related laws; 
c) To administer oaths in connection with the performance of their duties: to take 
and consider evidence concerning the right of any alien to enter or reside in the 
Philippines; to go on board and search for aliens on any vessel, aircraft or other 
conveyance believed being used to bring aliens into the Philippines illegally, and 
to arrest without warrant any alien who in the presence or view of the 
immigration officers is entering or is about to enter the Philippines in violation of 
immigration and related laws, rules and regulations; 
d) To conduct a search, without warrant, of an alien seeking admission to the 
Philippines, and of the personal effects in his possession, whenever the 
immigration officer has reasonable cause to suspect that grounds exist for 
exclusion of such alien from the Philippines under this act' 
e) To act as control officers in the departure of aliens, and in this connection, to 
prevent the departure of aliens who do not possess the necessary emigration 
clearance certificate or exemption certificate or other required exit document 
validly and regularly issued; and 
f) To implement regulations or orders issued by the Commissioner concerning the 
entry into and the departure from the Philippines of all persons. 
Sec. 33. 
Designation of Employees; Special Inqui/y Officers. - 
The 
Commissioner may designate, in accordance with Civil Service law, rules and 
regulations, any competent and qualified employee of the Commission, to act as 
immigration officer or special inquiry officer, or assign any employee to other offices 


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within the Commission and/or assign him additional or other duties as the best interest 
or exigency of the sewice may require. 
Sec. 34. 
Assignment of Employees to do Overtime Work - The Commissioner 
may assign immigration employees to do overtime work or to perform express lane 
services pursuant to rules and regulations to be prescribed and at rates fixed by the 
Commissioner when the services to be rendered is to be paid by the airline/shipping 
companies or other persons served: 
Provided, That payments for the above services 
shall be made directly to the Commission: 
and Provided, further, That all collections 
shall be deposited under a special trust account in an authorized government depository 
bank which shall be made available for payment of overtime pay and allowances to the 
employees concerned and the maintenance of the system; subject to such rules and 
regulations that the Commissioner may prescribe in relation thereto: 
Provided, finally, 
that said utilization of funds shall be in accordance with the existing budget, accounting 
and auditing rules and regulations. 
TITLE I11 
IMMIGRATION 
Chapter 1. - Non-Immigrants 
Sec. 35. 
Categories of Non-immigrants and @pes of Visa issued. - Foreign 
nationals departing from any place outside the Philippines who are otherwise admissible 
and who qualify within one of the following categories may be admitted as non- 
immigrants. 
a) Foreign Government Officials (A Visas) - Foreign government officials their 
families and servants including ambassadors, diplomats, public ministers and 
consular officers who are assigned to represent their respective countries in the 
Philipines; 


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b) Business Visitor (B-1 Visas) and Pleasure Visitors (B-2 Visas) -Temporary visitors 
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or visitors temporarily engaged in activities of a commercial or professional 
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nature for a foreign employer or for themselves that will not result in gainful 
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employment in the Philippines. As used herein, the term “business” refers to 
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conventions, conferences, consultations and other legitimate activities of a 
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commercial or a professional nature, but does not include local employment or 
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labor for hire. 
The term “pleasure” refers to leisurely stay or stay in the 
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aircraft. 
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c) Transit Persons (C Visas) - Persons passing through the Philippines merely for a 
“stop over” who have confirmed reservations to catch connecting flights to 
another country within a designated period of time or passengers in immediate 
and continuous transit through the Philippines to a destination outside thereof. 
d) Crew members (D Visas) - Members of the crew of aircraft or vessels required 
for the normal operation and servicing of aircrafts or vessles, who come to the 
Philippines temporarily as part of their jobs either arriving with or coming to join 
the vessels or aircrafts. As used herein, a crewman is defined as one serving as 
such in any capacity required for the normal operation and services on board a 
vessel or aircrafts who intends to land temporarily and solely in pursuit of his 
calling as a crewman and to depart from the Philippines with the vessel or 
e) Treaty Traders (E-1 Visas) and Treaty Investors (E-2 Visas) - Citizens and their 
family members from a country that has trade treaty with the Philippines and 
coming to work in the Philippines for either a company they own or one that has 
at least fifty percent (50%) by other nationals of their home country and which 
company must be engaged in substantial trade between the Philippines and their 
home country shall be granted an E-1 visa. 


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9 Citizens and their family members of a country that has an investor treaty with 
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the Philippines and coming to work in the Philippines for a business they own or 
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one that has at least fifty percent (50%) by other nationals of their home 
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country and which business is supported by a substantial investment from 
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g) Representatives of International Organizations and Government Agencies (F 
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Visas) - Officials and principal representatives and foreign workers of accredited 
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international organizations as well as missions including their family members, 
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staff and servants. 
As used herein, the term "accredited international 
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organization" includes any public international organization in which the 
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Philippines participates pursuant to any treaty or under the authority of any act 
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of the Congress of the Philippines authorizing such participation or making an 
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appropriation for such participation and such other international organizations, 
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institutions, agencies, programs, foundations and entities which are recognized 
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by the government of the Republic of the Philippines, including those existing 
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and already recognized as such at the time of the effectivity of this Act. 
The 
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to whom the F visa has been granted. 
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h) Media Workers (G Visas) - Foreign media personnel or correspondents, duly 
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accredited by the government agency concerned, 
who are bona fide 
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information media, and are coming to the Philippines solely to engage in 
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gathering unrestricted information principally for dissemination abroad, including 
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of the assignment in the Philippines. 
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i) Students (H Visas) - Foreign students having means sufficient for their support 
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and education in the Philippines who are at least sixteen (16) years of age and 
nationals of their home country shall be granted an E-2. 


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who seek to enter the Philippines temporarily for the sole purpose of taking up a 
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course of study higher than high school at a university/seminary, academy or 
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college approved for such akin students by the Commissioner; Provided that the 
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Commissioner shall, in collaboration with the Commission for Higher Education, 
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regularly monitor that status and activities of said alien students in the 
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Philippines under such arrangements as maybe agreed by the two agencies. 
j) Exchange Visitors (I Visas) - Aliens entering the Philippines temporarily to teach, 
study, observe, conduct research or receive training in a specific Exchange 
Visitor Program duly approved by the Philippine Government which includes 
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industrial and business trainees, 
scholars, 
students, 
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k) Foreign Under Prearranged Employment (1 Visas) - Aliens coming to the 
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accompanying or following to join them within the period of their employment. 
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This includes intracompany transferees, professionals, specialty occupations, 
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persons of extraordinary capabilities, performing artists and athletes, and cultural 
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exchange workers under a work exchange program. 
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I) Religious Workers (K Visas) - Duly ordained or professional missionaries and 
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religious ministers including members of their family coming to the Philippines to 
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join a religious congregations or denomination duly registered with the Securities 
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and Exchange Commission, upon invitation, sponsorship or guarantee of such 
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religious congregation or denomination, solely for the purpose of propagating, 
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teaching and disseminating the doctrines, dogmas or tenets of their faith or 
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religion. 
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researchers, medical residents or interns. 
m) Refugees and Asyless (L-1 Visas) and Stateless Persons (L-2 Visas) - Refugees 
and stateless persons whose admission for humanitarian reasons and when not 
opposed to public interest has been approved by the Commissioner or the 


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President in such class of cases and under such conditions as he may prescribe. 
As used herein, the term "refugee" refers to a person, who owing to a well 
founded fear of persecution for reasons of race, religion, nationality, membership 
in a particular social group or political opinion, is outside the country of his 
nationality and is unable or, owing to such fear, unwilling to avail himself of the 
protection of that country, or who not having a nationality and being outside the 
country of his former habitual residence is unable or unavailing to return to it. 
As used herein, the term "stateless person" refers to a person who is not 
considered a national by any State under the operation of its law. 
n) Special Non-Immigrants (M Visas) - Such other aliens including their family 
members who may be admitted as non-immigrants under special laws or aliens 
not otherwise provided for by this Act who are coming for temporary periods 
only, and whose admission are authorized by the Commissioner or the President 
in the public interest or for humanitarian considerations and under such 
conditions as he may prescribe. 
Chapter 2. -Immigrants 
Sec. 36. 
Quota Immigrants. - Subject to conditions set forth in this Act, there 
may be admitted into the Philippines immigrants, termed "quota immigrants", not to 
exceed two hundred (200) of any one nationality based on immigration reciprocity, for 
any one calendar year, and upon allotment by the Commissioner of the corresponding 
quota number. 
In the allotment of quota numbers, the following order of preference 
shall be observed: 
a) First Preference - those whose service and qualifications show a high educational 
attainment, technical training, specialized experience, or exceptional ability in the 
sciences, arts, professions or business as would reasonably enhance and 
contribute substantial benefits prospectively to the national economy, or cultural 


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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 citizen 
c) Third Preference - Spouses or minor children of foreign nationals who are lawful 
permanent residents of the Philippines. 
d) Fourth Preference - Parents of foreign nationals/aliens who are lawful permanent 
residents of the Philippines. 
Sec. 37. Non-Quota Immigrants. - 
The following immigrants, termed "non- 
quota immigrants", may be admitted without regard to numerical limitation and 
immigration reciprocity: 
a) The spouse of a citizen: 
Provided, however, that the abandonment and failure 
to give support by the alien spouse to his Filipino wife and family, legal 
separation or termination of the marital status by annulment or divorce where 
the cause is attributable to the alien spouse, shall constitute grounds for 
cancellation of the immigrant visa issued to the alien spouse if such event occurs 
within two (2) years from the date of their marriage. 
b) A child born to an alien 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 the admission of the child within five 
(5) years from the date of the child's birth; 
c) A child born subsequent to the issuance of the immigrant visa of the 
accompanying parent, the visa not having expired; 
d) A woman 
who was formerly a citizen of the Philippines and who lost her 
citizenship by reason of marriage to a foreign national or the loss of Philippine 
citizenship by her husband, including her family members accompanying or 
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e) A foreign national who had been lawfully admitted into the Philippines for 
permanent residence, who is returning from a temporary visit abroad to an 
unrelinquished residence in the Philippines; 
f) A natural born citizen who become a naturalized citizen of a foreign country, and 
is returning to the Philippines for permanent residence therein, including his 
spouse and minor children accompanying or following to join him; 
g) A foreign national legally adopted by a citizen; and 
h) Spouse of a foreign national who has been granted a permanent resident visa. 
Sec. 38. Allotment of Quota. - The Commissioner shall, in allotting quota 
numbers for the first preference, allot not more than fifty percent (50%) of the annual 
quota allotment up to the end of June each year: 
Provided, however, that if the fifty 
percent (SOYO) is not utilized by the first preference, the balance thereof shall be given 
to the second and third preferences following the order of preference specified under 
Section 36 of this Act. Any unused quota allotment for a calendar year cannot be 
carried over and utilized for the ensuing calendar year. 
Sec. 39. Basis in Determination of Quota Allotment. - The nationality of an 
immigrant whose admission is subject to the numerical limitation imposed by Section 36 
of this Act shall be that of the country of which the immigrant is a national or a citizen. 
The nationality of an immigrant possessing dual nationality may be that of either of the 
two countries ;regarding him as a national or citizen if he applies for a visa in a third 
country. 
If he applies for a visa within one of the two countries regarding him as a 
national or citizen, his nationality shall be that of the country in which he shall file his 
application for a visa to enter the Philippines. 
Sec. 40. Status of Children Born to Foreign Nationals. - A child born in the 
Philippines to parents who are foreign nationals and lawful residents of the Philippines 
shall be deemed a native-born permanent resident. However, a child born to parents 
who are both non-immigrants shall be deemed a native-born non-immigrant or 


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temporary resident and may remain in the Philippines only during the period of 
authorized stay of the parents, unless he reaches the age of eighteen (18) while 
continuously residing in the country, in which case he may apply for naturalization 
under this Act. 
Chapter 3. - Adjustment of Status 
Sec. 41. 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, in their discretion and under such regulations as the Commissioner may 
prescribe, to that of an alien lawfully admitted for permanent residence if: (a) the alien 
makes an application for such adjustment; (b) the alien is eligible to receive a quote or 
non-quota immigrant visa and is admissible to the Philippines for permanent residence; 
and (c) a quota immigrant visa, if such is the case, is immediately available to him at 
the time his application is filed, without the need of first departing from the Philippines. 
In all such cases, the personal appearance of the alien shall be required during the 
consideration of his application. 
Sec. 42. Efect of Approval of Request 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 for permanent residence as the date 
of approval of the application. 
The Commissioner shall reduce by one the number of 
the preference immigrant visa authorized to be issued under Section 36 of this Act 
within the class to which the foreign national is chargeable for the calendar year then 
current, if such be the case. 
Sec. 43. Adjustment ofstatus, When NotAllowed. - Adjustment of status under 
Section 41 of this Act shall not be applicable to (a) an alien crewman, (b) a foreign 
national who hereafter continues in or accepts unauthorized employment prior to filing 
of his application or who is in unlawful immigration status on the date of filing of his 


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application or who has failed (other than through no fault of his own or for technical 
reasons) to maintain continuously a lawful status since entry into the Philippines, (c) a 
foreign national admitted as a temporary visitor without visa, and (d) transients. 
Chapter 4. - Documentation and Admission of Ron-Immigrants 
Sec . 44. Documentary Requirements of Non-immigrants; Instances when not 
required. - 
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 origin and identity as prescribed by regulations, 
and valid visa granted by Philippine diplomatic or consular officers; except that no 
documentation shall be required in respect of the following aliens: 
a) A child qualifying as a non-immigrant born subsequent to the issuance of the 
passport visa of an accompanying parent, the visa not having expired; 
b) A crewman qualifying as such under the pertinent provisions of this Act. 
c) A foreign government official covered by agreements on the waiver of official 
visas; 
d) A national of a country with which the Philippines has agreement on waiver of 
visas; 
e) An alien entering with the approval of the President expressly waiving visa 
requirements pursuant to the provisions of Sections 52 and 53 of this Act; and 
f) An alien coming to the Philippines as a bona fide tourist under special laws. 
Sec. 45. Condtions and Period OfAuthoflzedStay of Temporary Wsitors. - The 
period of authorized stay of a non-high risk foreign national admitted as a temporary 
visitor under Section 35 paragraph (b) of this Act shall in no case exceed one (1) year 
and fifty-nine (59) days counted from the date of arrival, while that of a high risk 
foreign national shall in no case exceed seven (7) months and twenty-nine (29) days 
and shall be subject to the following conditions, unless waived by the Commissioner: 


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(a) He shall not take any employment, whether paid or unpaid; 
(b) He shall not establish or join in any business; and 
(c) He shall not enroll and become a student at a school, college, university, 
academy, or other educational institution. 
Sec. 46. Conditons for Issuance of Pre-arranged Wsas. - A passport visa for a 
nonimmigrant referred to in Sec. 25 (j) of this Act who is coming to prearranged 
employment shall not be issued by a consular officer until the consular officer shall have 
received authorization for the issuance of the visa. Such authorization shall be given 
only on petition filed with the Commission of Immigration establishing that no person 
can be found in the Philippines willing and competent to perform the work or service for 
which the nonimmigrant is desired and that the non-immigrant's admission would be 
beneficial to the public interest. The petition shall be made under oath, in the form and 
manner prescribed by regulations, by the prospective employer or his representative. 
The petition shall state fully the nature of the work or service for which the 
nonimmigrant is desired, the probable length of time for which he is to be engaged, the 
salary and other compensation which he is to receive, the reasons why a person in the 
Philippines cannot be engaged to perform the work or service for which the 
nonimmigrant is desired and why the nonimmigrant's admission would be beneficial to 
the public interest. The petition shall be accompanied by a certified copy of any written 
contract or agreement entered into for the immigrant's service and shall contain such 
additional information as may be deemed material. Substantiation of all the allegations 
made in the petition shall be required and the allegations that no person can be found 
in the Philippines willing and competent to perform the work or service for which the 
nonimmigrant is desired and that the nonimmigrant's admission would be beneficial to 
the public interest shall be established beyond doubt by convincing and satisfactory 
evidence. 


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If the Board of Commissioners finds that the petition complies with the 
requirements of the preceding paragraph and that the petitioner has established the 
facts entitling him to the authorization, the Board shall grant the petition and the 
Commissioner shall so inform the petitioner and promptly transmit authorization to the 
consular office at which the immigrant is to apply for a visa. 
Sec. 47. Conditions For Admission and Stay of Other Non-immigrants. - Except 
as provided for in Sections 45 and 46 of this Act, the admission to the Philippines of any 
alien as a non-immigrant shall be for such time and under such conditions as may be 
prescribed by law or the regulations. The Commissioner may require the posting of a 
cash or surety bond in such sum and under such terms and conditions as he shall 
prescribe, to insure that at the expiration of such time or upon failure to maintain status 
under which an alien was admitted, or to maintain any status subsequently acquired, 
such alien will depart from the Philippines. 
Sec. 48. Submission of Crew List and Passenger Manifest to the Immigration 
Oficer. - The master, agent, owner or consignee of any vessel arriving in or departing 
from the Philippines shall furnish the immigration officer at the port of arrival or port of 
departure crew lists and passenger manifests and such other information concerning 
the persons arriving or departing on the vessel required by regulations. The crew lists 
of incoming vessels shall be duly visaed by the appropriate Philippine consular official 
abroad. 
Sec. 49. Inspection of Crewmembers, - It shall be the duty of the master, 
agent, owner or consignee of any vessel arriving in the Philippines to have available on 
board, for inspection by the immigration officer, any alien crewmember employed on 
such vessel and to detain such crewmember on board after inspection and to remove 
such crewmember when required by the immigration authorities. 
No crewmember 
employed on board such vessel shall be paid off or discharged while the vessel is in port 
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Sec. 50. Permission for Temporary Landing of Alien Crewmembers, - An alien 
crewmember employed on a vessel arriving in the Phjlippines may be permitted to land 
temporarily under such conditions as shall be prescribed by the Commission. The 
expenses incurred while on land or awaiting repatriation, for medical treatment in a 
hospital or elsewhere, burial in the event of death, and for transfer to the vessel in the 
event of return of any crewmember shall be borne by the master, agent, owner or 
consignee of the carrying vessel. 
Sec. 51. 
Temporary Detention of Excludable Aliens. - For the purpose of 
ascertaining whether an alien 
arriving in the Philippines belongs to any of the 
excludable classes of aliens provided in this Act or related laws, the immigration officer 
may temporarily hold for investigation such alien, either on board the vessel or at any 
place designated by the officer at the expense of the master, agent, owner or 
consignee of the carrying vessel. 
Sec. 52. Asylum Seekers, Grant of Refugee Status. - Asylum seekers (refugees 
physically present in the Philippines) may apply for and be granted refugee status upon 
the discretion of the Commissioner or President and under such terms and conditions as 
he/she may prescribe. Asylum granted under this section may be terminated by the 
President at any time after determination by the appropriate agency that the alien is no 
longer a refugee within the meaning of Section 35(1) of this Act owing to a change in 
circumstances in the person's country of nationality or, in the case of a person having 
no nationality, in the country in which the person last habitually resided. 
Sec. 53. Effect of Grant of Refugee Status to Wife and Chidren. - A spouse or 
minor child of a refugee who is granted asylum under the preceding section may, if not 
otherwise eligible for asylum under said section, be granted the same status as the 
refugee to assure family unity, or when it is in the public interest, if accompanying or 
following to join the refugee. 
Chapter 5. -- Documentation and Admission of Immigrants 


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Sec. 54. 
Documentary Requirements of Immigrants; Instances When Not 
Requkecl - Immigrants must present for admission into the Philippines valid passports 
or travel documents issued by the government of the country to which they owe 
allegiance, showing their origin and identity and valid visas issued by the Philippine 
consular officer indicating the date of issue and the period of validity thereof. 
Immigrant visas, however, shall not be required of the following: 
(a) A child born subsequent to the issuance of a valid immigrant visa to the 
accompanying parent; 
(b) A child born during the temporary visit abroad of the mother who is a lawful 
permanent resident of the Philippines and a holder of a valid reentry permit, if 
the child is accompanied by either parent within five (5) years from the date of 
the child's birth; and 
(c) An alien who is returning to an unrelinquished lawful permanent residence in the 
Philippines after a temporary residence abroad and presents for admission a 
valid reentry permit. 
Sec. 55. Issuance of Special Permit to Reenter. - The Commissioner may issue 
a special permit to reenter the Philippines to permanent residents and investors who for 
valid reasons cannot obtain a passport or travel document from their country of 
nationality. This special permit to reenter the Philippines is not a passport and will not 
bestow Philippine citizenship to the holder. 
Chapter 6. -Visa Issuance 
Sec. 56. Requirements for Issuaance of Wsa, - Under the conditions and subject 
to the limitations prescribed in this Act or regulations issued thereunder, a consular 
officer may upon approval by the Commissioner issue the following: 
(a) An immigrant visa to an alien who has made a proper application therefor, which 
shall specify the foreign country, if any, to which quota the number is charged, 


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the immigrant's particular status in such country, the preference to which the 
alien is classified, the date on which the validity of the visa shall expire, and such 
additional information as may be required; and 
(b) A non-immigrant visa to an alien who has made proper application therefore, 
which shall specify the classification of the non-immigrant under Section 35 of 
this Act, the period during which the visa shall be valid, and such additional 
information as may be required. 
Sec. 57. Period of Va/idjty of Wsa. - A non-immigrant or immigrant visa issued 
by a consular officer abroad shall be valid for a period not exceeding six (6) months. In 
prescribing the period of validity of a non-immigrant visa, the consular officer shall, 
insofar as practicable, accord to such nationals the same treatment upon a reciprocal 
basis as such foreign country accords to citizens of the Philippines who are within a 
similar class. An immigrant visa may be replaced under the original number during the 
calendar year in which the original visa was issued for an alien who establishes to the 
satisfaction of the consular officer that he was unable to use the original immigrant visa 
during the period of its validity because of reasons beyond his control and for which he 
was not responsible: Provided, that the alien is found by the consular officer to be 
eligible for an immigrant visa and again pays the required fees for an application and an 
immigrant visa. 
Sec. 58. Requirements for Physical and/or Mental Examination Prior to Issuance 
of Vsa. - Prior to the issuance of an immigrant visa to any alien, 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 Secretary of Foreign Affairs. In the 
case of application for non-immigrant visa, the consular officer may prior to the 
issuance of such visa require the alien to submit to a physical or mental examination, or 
both. 


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Sec. 59. Denial of Hsa, Grounds ThereoL - No visa or other documentation 
shall be issued to an alien in the following cases: 
(a) If it appears to the consular officer, from the statements in the application, or in 
papers submitted therewith, that such person is ineligible to receive a visa or 
such other documentation under this Act; 
(b) 
If the application fails to comply with the provisions of this Act, or the 
regulations issued thereunder; or 
(c) The consular officer knows or has reason to believe that such person is ineligible 
to receive a visa or other documentation and is inadmissible into the Philippines 
under this Act. 
§ec. 60. 
Treatment of Immigrant Wsa Upon Enty. - An immigrant shall 
present or surrender his immigrant visa to the immigration officer at the port of entry, 
who shall endorse on the visa the date and the port of arrival, the identity of the vessel 
or aircraft on which the immigrant arrived, and such other endorsements as may be 
required by the regulations. 
Sec. 61. Treatment of Non-Imm@rant visa Upon Enty. - A non-immigrant 
shall present or surrender to the immigration officer at the port of entry such 
documents as may be required by the regulations. In the case of an alien crewman not 
in possession of a seaman‘s book or crewman’s pocket-ledger, or equivalent document 
other than a passport, such crewman may be admitted if his name appears in the duly 
visaed crew list of the vessel on which he arrives, but the consular officer shall have the 
right to exclude any alien crewman from the list visa. 
Sec. 62. Nature of Wsa Construed. - Nothing in this Act shall be construed as 
to automatically entitle any alien to whom a visa or other documentation has been 
issued to enter the Philippines if, upon arrival at the port of entry, he is found to be 
inadmissible under this Act or any other law. 


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Revocation of Wsa by the Consuar Office. - I f  a visa or other 
documentation is revoked by the consular officer or the Secretary of Foreign Affairs, 
notice of such revocation shall be communicated to the Commissioner. Such revocation 
shall invalidate the visa or other documentation from the date of issuance: Provided, 
That the vessel or aircraft on which such alien arrived in the Philippines shall not be 
penalized for the action taken in reliance on such visa or other documentation, unless 
they receive due notice of such revocation prior to the alien’s embarkation. 
Sec. 63. 
Sec. 64. Authority of Commissioner to Revoke Wsa. - The Commissioner may, 
at any time, for what he/she deems to be good and sufficient cause, revoke the 
approval of any visa petition filed in the consulates abroad and approved by him/her. 
Such revocation shall be effective as of the date of any such petition. In no case, 
however, shall such revocation have effect unless notice of the revocation is 
communicated through the Secretary of Foreign Affairs. I f  notice of revocation is not so 
received and the petitioner applies for admission into the Philippines, his admissibility 
shall be determined by an immigration officer upon his arrival at the port of entry in the 
manner provided for in this Act. 
Chapter 7. - Reentry Permits 
Sec. 65. Application Requirements. - Any resident alien who intends and is 
about to depart from the Philippines with the intention of returning thereafter shall 
apply to the Commissioner for a permit to reenter the Philippines, stating the length of 
his intended absence and the reason therefore. Such application shall be made under 
oath, shall be in such form, contain such information, and be accompanied by such 
photographs of the alien as the Commissioner shall by regulations prescribe. 
Sec. 66. Reentry Permits, When Issued; Validity Thereof: - The Commissioner 
may authorize the issuance of a reentry permit in the following cases: 
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(b) The alien has faithfully complied with all the obligations required of a resident 
alien; 
(c) The application is made in good faith; and 
(d) The alien’s proposed departure from the Philippines will not be contrary to the 
interests of the Philippines. 
The reentry permit shall be valid for a period of two (2) years from the date of 
issuance and may be extended on a year-to-year basis, unless earlier revoked for 
cause. The reentry permit shall be accepted in lieu of any visa which otherwise would 
be required from such alien, and may be made good for several trips within the period 
of its validity: Provided, however, That the holder thereof shall pay the exit clearance 
fee and the head tax for every departure from the Philippines. 
Sec. 67. Treatment of Reentry Permits. -- Unless the reentry permit is valid 
for multiple entry, it shall be surrendered to the immigration officer at the port of entry, 
upon the return of the alien to the Philippines. An unused or expired permit shall be 
surrendered to the Commission within thirty (30) days after expiration of its validity. 
Chapter 8. - Exit Clearance Certificate 
Sec. 68. Exit Certificate Clearance Requirements. -- Except in the case of 
temporary visitors and other non-immigrants whose stay have not exceeded fifty-nine 
(59) days, any alien departing from the Philippines shall apply to the Commissioner for 
clearance to depart. 
The Commissioner may authorize the issuance of an exit clearance to an alien 
without need of fingerprinting and upon surrender of all immigration and registration 
documents previously issued to him showing his admission status in the Philippines in 
the following cases: 
(a) The alien has no pending obligation with the government or any of its agencies 
or instrumentalities; 


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(b) There is no pending criminal, civil, or administrative proceeding which by law 
requires the alien's continued presence in the country; and 
(c) There is no ongoing legislative inquiry where the alien is called upon to testify as 
a witness. 
Chapter 9. - Presidential Prerogatives 
Sec 69. Power of President on Entry of Foreign Na~ona/s. - Whenever the 
President finds that the entry of any foreign national or a class of Foreign nationals 
would be detrimental to the interest of the Philippines, he/she may, for such period as 
he/she shall deem necessary, suspend their entry and admission into the Philippine or 
impose such restrictions as he/she may deem appropriate. 
Sec. 70. Power of President Re: lmm@ration and Depatture of Aliens. - Any 
provision of this Act notwithstanding, the President may: 
(a) Waive documentary requirements and/or passport requirements for non- 
immigrants and immigrants, under such terms and conditions as he/she may 
prescribe; 
(b) Change the status of non-immigrants by allowing them to acquire permanent 
residence status without necessity of a visa; 
(c) Deport any foreign national subject to the requirement of due process; 
(d) Admit non-immigrants not otherwise provided for in this Act, for humanitarian 
consideration and when not opposed to public interest, under such terms and 
conditions as he/she may prescribe; 
(e) Prohibit the departure from the Philippines of any person who is likely to disclose 
national security information, 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 


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(f) Exercise with respect to foreign nationals in the Philippines such powers as are 
recognized by the generally accepted principles of international law. 
Title I V  
PROVISIONS RELATING TO ENTRY 
Chapter 1. - Procedures on Arrival 
Sec. 71. Inspection by Immigration OfficeL - An alien seeking admission or 
readmission to the Philippines shall be subject to primary inspection at the port of 
arrival by immigration officers. The decision of the examining immigration officer, if 
favorable to the admission of any alien, may be challenged by another immigration 
officer. The final determination of admissibility of such alien shall be determined by a 
Board of Special Inquiry. 
Sec. 72. 
Detention or Quarantine for Examination. - For the purpose of 
determining whether an alien arriving at ports in the Philippines belong to any of the 
classes excludable under this Act, by reason of being afflicted with any of the diseases 
or mental or physical defects or disabilities set forth in Section 77A of this Act or 
whenever the Commissioner has received information showing that aliens are coming to 
the Philippines from a country or have embarked at a place where any of such diseases 
are prevalent or epidemic, the alien 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. 73. 
Medical Examination Requirement 
- The physical and mental 
examination of an arriving alien whom the examining immigration officer or special 
inquiry officer has observed and believes to belong under the class of excludable aliens 
specified in Section 77(A) of the same Act shall be made by a designated government 
medical officer who shall certify for the information of such officers any and all physical 


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and/or mental defects, disorders, or diseases observed or found by him after an 
examination of the alien. I f  such medical officers are not available in the port of arrival, 
any reputable private physician may be hired and authorized by the Commissioner to 
examine the arriving alien, the necessary expenses therefor to be chargeable against 
the appropriations provided for the enforcement of this Act. 
Sec. 74. Arrival Notice Requirement of Aircraft. - The immigration authorities 
shall be furnished with a timely notice of the arrival of any civil aircraft at or nearest 
such place of first landing before such aircraft comes into any area in the Philippines 
from any place outside thereof. If dependable facilities for giving such notice are not 
available before departure, any radio equipment in the aircraft shall be used if this will 
result in the giving of adequate and timely notice during its approach, otherwise a 
landing shall be made at a place where necessary facilities exist before coming into any 
area in the Philippines. Such advance notice will not be required in the case of aircraft 
of scheduled airlines arriving in accordance with the regular schedule filed with the 
immigration oflcer 
in charge at the international airport of entry in which the place of 
first landing in the area is situated. If, upon landing in any area other than an 
international airport of entry, an immigration officer has not arrived, the captain of the 
aircraft shall keep the passengers and crew in a segregated place until the immigration 
officer arrives. 
Sec. 75. Contents of Notice ofArrival. - The advance notice of arrival required 
in the preceding section shall specify the following: 
(a) The type of aircraft and register marks; 
(b) The name of captain of the aircraft; 
(c) The place of last departure; 
(d) The international airport of intended landing, or other place at which landing 
has been authorized by Customs; 
(e) The number of alien passengers and citizen passengers; 


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(f) The estimated time of arrival; and 
(9). The authorized agent or representative at place of landing. 
Chapter 2. - Classification of Ports of Entry 
Sec. 76. Authority to Classify Port... - The Commissioner shall classify and 
designate, from among the ports of entry established by law for customs and 
immigration purposes, such unlimited or limited ports of entry through which aliens may 
enter the Philippines. 
Only such classes of aliens as provided under rules and 
regulations prescribed by the Commission may be allowed entry at limited ports of 
entry. The Commission shall also have the power to close ports of entry designated by 
it whenever advisable in the public interest after due notice to the public. 
Chapter 3. - Exclusions 
Sec. 77. Exc/usion Grounds. - The following classes of foreign nationals are 
ineligible for entry and shall be excluded from admission into the Philippines: 
A. Health-Related Grounds 
1. An alien who is determined in accordance with regulations prescribed by the 
Secretary of Health to have a communicable, loathsome, dangerous or incurable 
disease of public health significance; 
2. An alien who is determined in accordance with regulations prescribed by the 
Secretary of Health: 
a) To have a physical or mental disorder and behavior associated with the 
disorder that may pose, or has posed, a threat to the property, safety and 
welfare of the person or others; or 
b) To have such disorder and associated behavior in the past and is likely to 
recur or to lead to other harmful behavior. 


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3. An alien who is determined in accordance with regulations prescribed by the 
Secretary of Health to be a drug abuser or drug addict; 
4. An alien person or guardian who accompanies an inadmissible alien who is 
certified to be helpless due to infancy, sickness, physical or mental disability, and 
whose protection or guardianship is determined, as certified by a medical 
examining officer, to be required by the person. 
1. An alien who, in the opinion of the immigration official, is likely at any time to 
become a public charge, which is defined to be a person who by reason of 
poverty, insanity, disease or disability would become a charge upon the public, 
such as paupers, beggars and vagrants or person who might resort to crimes for 
2. An alien who is seeking entry for the purpose of performing skilled or unskilled 
labor, unless the Secretary of Labor certifies that there are not enough workers 
who are able, willing, qualified and available to perform such labor and that the 
wages and working conditions of workers in the Philippines similarly employed 
will not be adversely affected. 
1. An alien coming to the Philippines to practice polygamy or who advocates the 
practice of polygamy unless his religion allows such practices; 
2. Aliens who are pedophiles, sexual perverts or those coming to the Philippines for 
3. Aliens who at the time of primary inspection or inquiry by an immigration officer 
exhibits any obnoxious behavior, contempt or disrespect for the said officer or 
any government official or authority. 
D. Criminal and Security Grounds 


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1. An alien who has been convicted of a crime of moral turpitude, which refers 
generally to conduct which is inherently base, vile, depraved and contrary to the 
accepted rules of morality and the duties owed between persons or to society in 
general, or who admits to an immigration official having committed such crime, 
or who attempts to conspires to commit the crime. 
2. An alien who has been convicted, or who admits having committed, or who 
admits committing acts which constitute the essential elements of a violation or 
conspiracy to violate any law or regulation of the Philippines or a foreign country 
relating to controlled substances, regulated or prohibited drug, or who attempts 
or conspires to commit the crime. 
3, An alien that the Philippine government knows or has reason to believe is a 
trafficker in any controlled substance, regulated or prohibited drug or knows or 
has reason to believe is or has been a knowing assister, abettor, conspirator or 
colluder with others in the illicit trafficking in any controlled substance, regulated 
4. An alien who has been convicted of two or more offenses (other than purely 
political, and whether or not it was a conviction in a single trial or whether the 
conviction form a single scheme) if the aggregate sentence of confinement 
actually imposed is five (5) years or more. 
5. Alien prostitutes or persons who have engaged in or sought to engage in 
prostitution or to procure or attempts to procure prostitutes, even if prostitution 
is not illegal in his/her country, or who receives in whole or in part the proceeds 
6. Displomats and other aliens involved in serious criminal activity who assert and 
has been granted immunity from prosecution. 
7. An alien coming to the Philippines to engage in any other unlawful commercial 
vice, whether or not related to prostitution, drug, etc. 


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8. Aliens who are fugitives from justice of other countries. 
9. An alien who, Philippine authorities know or have reasonable ground to believe, 
seeks to enter the Philippines to engage solely, principally or incidentally 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 criminally 
syndicated activities, including aliens who are believed to be members of 
organized crime syndicates; 
c) Any activity, a purpose of which is the opposition, control or overthrow of 
the Philippine government by force, violence or other unlawful means; 
and 
d) Any other unlawful activity. 
10. An alien is inadmissible if he: 
a) Is engaged in a terrorist activity, individually or as part of an organization; 
b) Philippine authorities know or have reasonable grounds to believe is 
engaged in or likely to engage in such terrorist activity; 
c) Is under circumstances indicating an intention to cause death or serious 
bodily harm or incite terrorist activity; 
d) Is a representative of a foreign terrorist organization as identified by 
Philippine authorities; 
e) Is a member of a foreign terrorist organization as identified by Philippine 
authorities; 
"Terrorist activity" is defined as an act unlawful in a foreign country or would 
be unlawful in the Philippines and involves: 
i. 
hijacking or sabotage of any conveyance (aircraft, vessel, vehicle, etc.) 


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ii. 
iii. 
iv. 
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the seizing or detaining or threatening to kill, injure or continue to 
detain another individual to compel a third person to carry on or 
abstain from an act as an explicit or implicit condition for release; 
a violent attack on an internationally protected person; 
an assassination; 
the use of any biological or chemical agent or nuclear device or 
explosive or firearm with intent to endanger directly or indirectly the 
safety of one or more individuals or to cause substantial property 
damage; 
Sowing terror 
in order to impose on others an ideology, 
political/philosophical/religious belief and practice. 
provide sanctuary or protection to known terrorists whether foreign or 
local; 
any threat or attempt or conspiracy to commit the above acts. 
11.Aliens who have been identified by competent authorities, local or foreign as 
having engaged or are engaging in human trafficking and smuggling; and 
12.Aliens 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. 
E. Violation of Immigration Laws/Entry/Documentation 
1. An alien who has been ordered removed (through summary exclusion or 
removal initiated at person's arrival in the Philippines) and who seeks 
admission within three (3) years (or ten (10) years if second or subsequent 
removal) or at anytime if convicted of an aggravated felony. 
2. An alien who has been ordered removed after a deportation hearing from the 
Philippines or who is deported while an order of removal was outstanding and 
who seeks admission within five (5) years (or ten (10) years if second or 


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subsequent removal) or at anytime if convicted of an aggravated felony from 
the date of such physical deportation or removal. 
3. An alien who is unlawfully present beginning on the effectivity of this Act in 
the Philippines for a period of more than 180 days but not less than one (1) 
year who voluntarily departs the Philippines before commencement of 
proceedings is barred from readmission for three (3) years from the date of 
the person’s departure or removal, provided he does not possess any of the 
disqualifying conditions stated in Section 77. 
4. An alien who is unlawfully present, which is defined as being unlawfully 
present in the Philippines without being admitted, beginning on the effectivity 
of this Act in the for one (1) year or more and again seeks admission is 
barred for five (5) years from the date of such person’s departure or removal 
from the Philippines. 
5. An alien who has been unlawfully present in the Philippines for an aggregate 
period of more than one (1) year or has been ordered removed under 
summary exclusion or removal provisions and who enters or attempts to 
enter without inspection is inadmissible. 
6. An alien present in the Philippines without being admitted or who arrived at a 
place other than that designated by Philippine authorities. 
7. An alien who without cause fails or refuses to attend or remain in attendance 
at his removal proceeding is inadmissible for five (5) years from departure or 
removal. 
8. An alien who is a stowaway, which is defined as a person who obtains 
transportation without consent and through concealment. 
9. An alien who at anytime knowingly encourages, induces, assists and abets or 
aids any other alien to try to enter the Philippines in violation of law. 


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10. An alien who is subject to a final order of deportation for falsely making or 
using fraudulent documents or using someone else's lawfully issued 
document. 
11. An alien who is not properly documented for admission as maybe required 
under'this Act. 
12. An alien who falsely represents or has falsely represented that he is a Filipino 
citizen or a former Filipino citizen to obtain a benefit under any Philippine law. 
13. An intending immigrant not in possession of valid immigrant visa or other 
document needed for entry and a valid unexpired passport. 
14. A non-immigrant not in possession of a valid passport for six (6) months and 
non-immigrant visa or border crossing card. 
Sec. 78. Exclusion of Foreign Nationals. - Any foreign national who may appear 
to the examining immigration officer to be excludable under the provisions of Section 
77 shall be excluded. No further inquiry by a Special Inquiry Officer shall be conducted 
until after the matter is reported to the Commissioner together with any such written 
statement and accompanying information, if any, as the alien or his representative may 
submit in connection therewith and such an inquiry is directed by the Commissioner. If 
the Commissioner is satisfied that the alien is excludable on the grounds set forth under 
Section 7743, on the basis of information of a confidential nature, the disclosure of 
which the Commissioner, after consultation with the concerned security agency of the 
government, concludes would be prejudicial to the national security or to public order, 
interest, and safety, he may order such alien to be excluded and removed without 
further inquiry. Other aliens who may be not appear to the examining immigration 
officer to be clearly and without doubt entitled to be admitted or excluded may be 
temporarily detained for inquiry. 
Sec. 79. Procedures for Inquiry by Special Inquiry Officers. - A Special Inquiry 
Officer making an inquiry shall conduct proceedings under this section, administer 


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oaths, present and receive evidence, and interrogate, examine and cross-examine the 
alien or witnesses. It shall have the authority in any case to determine, based only on 
the evidence produced at the inquiry, whether an arriving alien who has been detained 
shall be allowed admission into the Philippines or shall be removed. At such inquiry, 
which shall be kept in chambers separate and apart from the public, the alien may have 
one friend or relative present under such conditions as may be prescribed by the 
regulations. A complete official record of the proceedings and of all testimony and 
evidence produced at such inquiry shall be kept. 
Sec. $0. Appeal of Decision for Exclusion. - A decision of the Special Inquiry 
Officer excluding an alien based on Section 77-D may be appealed to the Commissioner 
by the alien immediately after a decision has been made and on a form prescribed 
therefore which he shall accomplish and sign, and after he has advised of his right to 
take such appeal. An appeal by an alien shall operate to stay any final action with 
respect to the alien until the final decision of the Commissioner is made, which decision 
shall be immediately executory and shall not be appealable. Except as provided in 
Section 78, such decision shall be rendered solely upon the evidence adduced before 
the Board of Special Inquiry. 
Sec. 81. Appeals; When Not Allowed - I f  a government medical officer or 
authorized private physician has certified under Section 73 of this Act that an arriving 
alien has a disease, illness, a physical or mental disorder or behavior, or drug addiction 
which would make the alien excludable under the provisions of Section 77-A, the 
decision of the Boards of Special Inquiry shall be based solely upon such certification. 
No alien shall have a right to appeal such a decision for exclusion. 
Sec. 82. Decisions of Special Inquiky Oficers; Appeals Therefrom. - Except as 
provided in Sections 80 and 81 of this Act, in every case where an alien is excluded 
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entered into, the decision of a Board of Special Inquiry shall be final unless reversed on 
appeal by the Board of Commissioners. 
Sec. 83. Burden of Proof in Exdusion Cases. - An alien seeking admission into 
the Philippines may be required to testify under oath on matters relating to his 
admissibility. The burden of proof shall be upon such alien to establish that he is not 
subject to any of the grounds for exclusion provided in this Act. 
Sec. 84. Authority to Waive Grounds for Exclusion - The Commissioner may, 
for good and sufficient reasons, waive any of the grounds for exclusion under Section 
77, except paragraph D: Provided, That with respect to the ground for exclusion 
mentioned in paragraph E(1) and (2) of Section 77 above, the Commissioner shall not 
exercise his discretion in favor of aliens previously excluded or deported on the ground 
of having engaged in hoarding, blackmarketing, profiteering, terrorism or any act of 
economic sabotage. 
Chapter 4. - Immediate Wemoval or Exclusion of Foreign Nationals 
See. 85. C/as.es Subject of Immedate Removal and Cost Thered - Any 
foreign national (other than an alien crewman) arriving in the Philippines who fall under 
any of the classes set forth in Section 77 of this Act and is ordered excluded shall be 
immediately removed, in accommodations of the same class and to the country in 
which the foreign national boarded the vessel or aircraft on which he arrived, unless the 
Commissioner, in an individual case and in his discretion, determine that immediate 
removal is not practicable and proper. The cost of the maintenance including detention 
expense and other expenses incident to the detention of such foreign national, shall be 
borne by the owner or operator of the vessel or aircraft on which he arrived: Provided, 
however, that such cost expenses shall not be assessed against the owner or operator 
of the vessel or aircraft if: 
(a) the foreign national was in possession of a valid unexpired immigrant visa; or 


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(b) the foreign national was in possession of a valid unexpired non-immigrant 
visa or other document authorizing such foreign national to apply for 
temporary admission to the Philippines, or an unexpired reentry permit issued 
in his name, and 
1. Such application was made within one hundred twenty (120) days from 
the date of issuance of visa and other document, or in the case of a 
foreign national in possession of a reentry permit, within one hundred and 
twenty (120) days from the date on which the foreign national was last 
examined and admitted to the Philippines, or 
2. In the event the application was last made later than one hundred twenty 
(120) days as stated in the preceding subparagraph, if the owner or 
operator of such vessel or aircraft established to the satisfaction of the 
Commissioner that the ground for exclusion could not have been 
ascertained by the exercise of due diligence prior to the foreign national's 
embarkation; or 
(c) The foreign national excluded claimed Philippine citizenship and was in 
possession of a valid and unexpired Philippine passport issued in his name. 
Sec. 86. County 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 foreign national's removal shall be directed by the Commissioner, in 
his/her discretion and without necessarily giving any priority or preference, either to: 
(a) the country which the foreign national is a subject, citizen or national; 
(b) the country in which he was born; 
(c) the country in which he has a residence or last habitually resided; 
(d) the country where he departed from or his last port of departure; or 
(e) the country which is willing to accept the foreign national into its territory, 
if removal to any of the foregoing country is impracticable, inadvisable, or impossible. 


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Sec. 87. Obligation of Captain or Transport Operator. - It shall be unlawful for 
any captain, person in charge, agent, owner, operator, or consignee of any vessel or 
aircraft: 
(a) To refuse to receive any alien ordered excluded and removed under 
Section 86, back on board such vessel or aircraft or another vessel or 
aircraft owned or operated by the same interests; 
(b) To fail to detain any foreign national on board any such vessel or aircraft 
at the port of arrival when required by this Act or when so ordered by an 
immigration officer, or to fail or refuse to deliver a foreign national for 
medical or other inspection and when so ordered by such officer; 
(c) To refuse or fail to remove any foreign national from the Philippines to the 
country to which his deportation has been directed; or 
(d) To fail to pay the cost of the maintenance of any foreign national and 
other expenses incurred which being detained as required by Section 85 
of this Act or such cost necessary or incident to his deportation as may be 
provided in Subsequent sections of this Act. 
Sec. 88. Penafty for Non-Compliance of Obhga~on. - I f  it shall appear to the 
satisfaction of the Commissioner that the captain, person in charge, agent, owner, 
operator, or consignee of a vessel or aircraft has violated any of the provisions of 
Section 87, supra, such violator shall pay to the Commissioner such fine as may be 
imposed in Title VII, Chapter 10 of this Act. No such vessel or aircraft shall be granted 
clearance from any port in the Philippines while any such fine is unpaid or while the 
question of liability to pay such fine is being determined, nor any such fine paid be 
refundable; Provided, however, That clearance may be granted prior to the 
determination of such question upon deposit with the Commissioner or a sum sufficient 
to cover such fine or a cash bond on undertaking approved by the Commissioner. 


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Sec. 89. When Removal to be €Retted - If the removal of an excluded foreign 
national is effected on a vessel or aircraft not owned or operated by the owner or 
operator of the vessel or aircraft on which the foreign national arrived in the Philippines, 
the transportation expense of the foreign national’s removal may be paid from the 
appropriations for the enforcement of this Act to be recovered from the owner or 
operator of the vessel or aircraft on which the foreign national arrived. 
Sec. 90. 
When Removal May be Stayed, - The Commissioner under such 
conditions as he/she may prescribe, may stay the removal of any foreign national if in 
his/her judgment the testimony of such foreign national is vital and necessary on behalf 
of the government in the prosecution of offenders for violation of any of the provisions 
of this Act or other laws of the Philippines. 
Chapter 5. -Conditional Permits to Land and Discharge of Alien Crewmen 
Sec. 91. Conditional Permit to Land; Period Thereot -- I f  an immigration 
officer finds upon examination that an alien crewman is a non-immigrant under Section 
35(d) of this Act and is otherwise admissible and has agreed to accept such permit, he 
may grant the crewman a conditional permit to land temporarily on a form prescribed 
by the regulations, subject to revocation in subsequent proceedings as provided idn 
Section 92 and for a period of time, in any even, not to exceed the following: 
(a) The period of time during which the vessel on which he arrived remains in 
port, if the immigration officer is satisfied that the crewman intends to depart 
on the vessel on which he arrived, which period shall not exceed twenty-nine 
(29) days; or 
(b) Twenty-nine (29) days, if the immigration officer is satisfied that the 
crewman intends to depart within the period for which he is temporarily 
permitted to land, on a vessel other than the one on which he arrived. 


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Sec, 92. Confscation and Cancellation of Permit - An immigration officer may, 
if he determines that an alien is not a bona fide crewman, or does not intend to depart 
on the vessel which brought him, cancel and confiscate the conditional permit to land, 
take such alien into custody, and require the captain of the vessel on which the alien 
arrived to receive and detain him on board such vessel. Such alien shall be removed 
from the Philippines at the expense of the carrier which brought him to the Philippines, 
Until such alien is so removed, any expense for his maintenance and detention shall be 
borne by such carrier including expenses for his medical treatment in a hospital or 
elsewhere, burial in the event of death, or for transfer to another vessel or aircraFt in 
the event of return. 
Sec. 93. LiabIi@ for Overstaying Crewmen. - Any alien crewmen who willfully 
remains in the Philippines in excess of the number of days allowed in the conditional 
permit issued to him shall be liable to such penalties prescribed in Section 192 of this 
Act. The owner, agent, or consignee of the vessel shall be solidarily liable for the 
payment of such fines. 
Sec. 94. Liability for Unauthorized Pay-off or Discharge Alien Crewmen. - It 
shall be unlawful for any person, including the owner, agent consignee, or captain of 
any vessel to payoff or discharge any alien crewman employed on board a vessel 
arriving in the Philippines and while it is in port, without first obtaining the permission of 
the Commissioner. If it shall appear to the satisfaction of the Commissioner that any 
alien crewman has been paid off or discharged in violation of the provisions of this 
section, such owner, agent, consignee, captain, or other person, shall pay the 
Commission such fine as may be prescribed in Title VII, Chapter 10 of this Act. 
No 
vessel shall be granted clearance pending determination of the question of liability to 
the payment of such fine, if such fine is imposed, while it remains unpaid, except that 
clearance may be granted prior to the determination of such question upon deposit with 
the Commission a sum sufficient to cover such fine or of a cash bond or undertaking 


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with sufficient security to secure the payment thereof. No such fine shall be remitted or 
refunded but such fine may, at the discretion of the Commissioner be mitigated, upon 
such terms as he considers proper. 
Sec. 95. Duty to Report Desertion or Illegal Landing of Alien Crewmen. - It 
shall be the duty of any owner, agent, consignee, or captain of any vessel or aircraft to 
report to an immigration officer, in writing, as soon as discovered, all cases in which an 
alien crewman has deserted or illegally landed in the Philippines from the vessel or 
aircraft, together with a description of such alien and any information likely to lead to 
his apprehension. 
Sec. 96. Requirement for Submission of List of Newly Employed Crewmen, 
Those Discharged and Those Who Have Illegally Landed. - Before the departure of any 
vessel or aircraft from any or the last port in the Philippines destined to any place 
outside thereof, it shall be the duty of the owner, agent, consignee, or captain thereof, 
to deliver to the immigration authorities at that port a list containing the name or 
names of who will leave such port on such vessel or aircraft at the time of its departure, 
and the names of those, if any, who have been paid off or discharged, and those, if 
any, who have deserted or illegally landed at that port. The Commissioner may, as he 
deems necessary, require such a list to contain such additional or supplemental 
information. 
Sec. 97. Liability for Failure to Submit Complete, True and Correct Report. - In 
case any owner, agent, consignee, or captain shall fail to deliver complete, true, and 
correct lists or report of aliens, or to report cases of desertion or illegal landing, as 
required by Sections 95 and 96 of this Act, such owner, agent, consignee, or captain 
shall, if required by the Commissioner, pay to the Commission such sum as may be 
prescribed in Title VII, Chapter 10 hereof. No such vessel or aircraft shall be granted 
clearance from any port at which it arrived and/or departed pending determination of 
the question of the liability to the payment of such fine, if such fine is imposed, while it 


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remains unpaid. No such fine shall be remitted or refunded, except that clearance may 
be granted prior to determination of such question upon deposit with the Commission a 
sum sufficient to cover such fine or a cash bond or undertaking with sufficient security 
to secure the payment thereof. 
TITLE W 
DEPORTATION OF ALIENS 
Chapter 1. - Deportable Foreign Nationals 
Sec. 98. Classes of Depoftable Aliens - The following aliens shall be arrested 
upon the warrant of the Commission and deported after hearing and resolution 
submitted by the Board of Special Inquiry and approved by the Board of 
Commissioners: 
(a) Those who entered the Philippines by means of false and misleading statements 
or documents, misrepresentations, or without inspection and admission by the 
immigration authorities; 
(b) Those who entered the Philippines who were not lawfully admissible at the time 
of entry; 
(c) Those who have been convicted in the Philippines for a crime involving moral 
turpitude; 
(d) Those who have been convicted for violations of any law governing prohibited 
and/or regulated drugs; 
(e) Those who practice prostitution or are inmates of a house of prostitution or are 
connected with the management of a house of prostitution or are procurers, 
pedophiles, or sexual deviants; 
(f) Those who, at any time after the date of entry, have become a public charge; 


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(9) Those who remain in the Philippines in violation of any period of limitation or 
condition, under which they were admitted; 
(h) Those who believe in , advise, advocate or teach the overthrow by force and 
violence of the government of the Republic of the Philippines, or duly constituted 
authority or who do not believe in or are opposed to organized government, or 
those who advise, advocate, or teach the assault or assassination of public 
officials because of their office, or who advise, advocate, or teach the unlawful 
destruction of property, or who are members of or affiliated with any 
organization entertaining, advocating or teaching such doctrines or who in any 
manner whatsoever lend assistance, financial or otherwise, to the dissemination 
of such doctrines; 
(i) Those who at any time after entry engages in terrorist activity; as used herein, 
the term "engages in terrorist activity" means to commit, in an individual 
capacity or as a member of an organization, an act of terrorist activity or an act 
which an alien knows, or reasonable should know, affords material support to 
any individual, organization, or government in conducting a terrorist activity at 
any time, including the soliciting of Funds or other things of value for terrorist 
activity or for any terrorist organization, and safekeeping of any terrorist assets, 
properties and propaganda materials; 
(j) Those who commit any of the acts penalized under this Act, independent of any 
criminal action which may be brought against them: Provided, however, That in 
the case of an alien who for any reason is convicted and sentenced to suffer 
both imprisonment and deportation: Provided, further, That the imprisonment 
may be waived by the Commissioner with the consent of the President, and upon 
payment by the alien concerned such costs, fines and/or damages suffered by 
the government or any aggrieved party as the Commissioner may fix with the 
approval of the President; 


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(k) Those who at any time after entry is convicted under any law of purchasing, 
selling, offering for sale, exchanging, using, owning, possessing, or carrying in 
violation of any law or regulation, any weapon, part or accessory, which is a 
firearm, explosive, or destructive device; 
(I) Those who engage in profiteering, hoarding, blackmarketing, dollar salting, 
technical smuggling, gunrunning, illegal recruitment, other acts of economic 
sabotage, and other illegal acts independent of any criminal action which may be 
brought against them; 
(m) Those who are guilty of any offense penalized under the naturalization laws of 
the Philippines or any law relating to the acquisition of Philippine citizenship; 
(n) Those who defraud their creditors by absconding or alienating properties to 
prevent their attachment or execution; 
(0) 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; 
(p) Those convicted of unfair labor practice and violation of other labor laws, illegal 
possession of firearms, tax evasion, or crimes against national security and public 
order; 
(4) Those who, upon prior investigation and hearing, are found to be notoriously 
undesirable and whose further stay in the Philippines will be inimical to public 
welfare and interest, or the dignity of the Filipinos, or the Republic of the 
Philippines as a sovereign nation; 
(r) Those who knowingly 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 or attempt to use or 
provide or attempt to provide other than the possessor (including a deceased 
individual); or accept or receive or provide any document lawfully issued to a 


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person other than the possessor (including a deceased individual) for the 
purpose of satisfying or complying with the requirements for the employment of 
aliens in the Philippines; 
(s) Those who are pedophiles or pedophiliac, or sexual perverts; and 
(t) Those whose presence or activities in the Philippines the Secretary of Foreign 
Affairs has reasonable ground to believe would have potentially serious adverse 
foreign policy consequences for the Philippines. 
Sec. 99. Rules on Prescription in Depottation Cases, - The right of the State to 
initiate at any time deportation proceedings for causes mentioned in paragraphs (a), 
(b), (c), (d), (e), (f), (g), (h), (i), (j), (o), (p) and (s) of Section 98 of this Act, shall be 
imprescriptible: Provided, however, That no deportation proceedings may be initiated 
under any other paragraphs of the aforesaid Section 98 unless the apprehension in the 
deportation arises. Deportation for causes mentioned in paragraphs (b), (c), (e), (n), 
(q), (s) and (t) of Section 98 shall not be effective if the court or judge thereof 
sentencing the alien shall recommend that the alien not be deported. 
Chapter 2. - Detention and Deportation of Foreign Nationals 
Sec. 100. Issuance of Summons and Warrants oflletention. - If it appears to 
the Commissioner that there is reasonable ground for inquiry as to whether an alien 
ought to be deported under Section 98 of this Act, the Commissioner may issue a 
summons to the alien, inviting him to appear in person before the investigating officer 
at the time, date and place stated in the summons; Provided, however, That if it is 
shown to the Commissioner that there are strong and convincing grounds for such 
inquiry, the alien should be taken into immediate custody for the purpose of such 
inquiry. During such inquiry, the alien may, upon a warrant of detention issued by the 
Commissioner, be apprehended and detained for a period of not more than forty-eight 
(48) hours after the apprehension, which may be extended for another forty-eight (48) 


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hours by the Commissioner if the circumstances warrants such extension. No alien shall 
be detained for purposes of inquiry for more than four (4) days unless a formal charge 
for deportation shall have been filed against him, except in cases where the alien is 
deportable under paragraphs (d), (h), (i), or (t) of Section 98 of this Act. 
Sec. 101. Authorily to Issue Warrants oFDeteflt/ofl. - The Commissioner may 
issue a warrant of detention if he determines that a prima facie case exists for the filing 
of deportation charges against an alien for violation of the immigration, alien 
registration and related laws or there is a strong probability that a deportable alien may 
flee from his place of abode and go into hiding or surreptitiously leave the country. 
Sec. 102. Formal Charge of Oeportation. - A formal charge for deportation 
against an alien shall be based on substantial evidence establishing that the person 
against whom a warrant of detention has been issued is an alien and deportable under 
Section 98 of this Act. After a formal charge for deportation is filed and pending final 
determination of deportability, any such alien shall, at the discretion of the 
Commissioner: (a) remain under detention; or (b) be released conditionally under bail 
and/or recognizance: Provided, however, That any such bond or recognizance may be 
revoked at any time by the Commissioner if it appears that there is strong evidence 
against the alien or there is strong probability of his escaping or evading the 
proceedings, in which case the alien may be returned into custody and detained under 
the same warrant of detention which initiated the proceedings until final determination 
of his deportability. 
Sec. 103. Detention ofAliefl Convicted of a Felony or an OFFense. - In the case 
of an alien convicted of an offense or a felony which is a ground for deportation under 
this Act, said alien shall not be deported until his imprisonment is terminated by service 
of sentence or release from confinement. Parole, probation or possibility of re-arrest or 
further confinement in respect to the same offense shall not be a ground for deferral of 
deportation. Upon release from confinement, the Commissioner shall take into custody 


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and place under detention said alien, ,after giving notice to the court or agency 
concerned. Such Alien shall remain under detention, either before or after 
determination of deportability, and may be released by the Commissioner at 
Commissioner’s discretion, and under such terms and conditions prescribed by him/her, 
if the alien demonstrates to the satisfaction of the Commissioner that he/she is not a 
threat to the community and that he/she is likely to appear before any scheduled 
hearings. 
Chapter 3. - Deportation Procedures 
Sec. 104. Proceedings in Deportation Cases. - The Board of Special Inquiry 
shall conduct proceedings to determine the deportability of any alien and shall 
administer oaths, present and receive evidence, interrogate, examine and cross- 
examine the alien and witnesses. He shall be given notice and informed of the specific 
charge or charges against him and of the time, date and place at which the proceedings 
shall be held. He shall have the privilege of being represented and assisted by such 
counsel of his choice, an shall have a reasonable opportunity to examine the evidence 
against him, to adduce and present evidence on his own behalf, and to confront and 
cross-examine witnesses presented by the government: 
Provided, however, That 
summary deportation proceedings shall be taken in the case of undocumented aliens or 
those who are holders of expired passports, travel documents and visas. 
Sec. 105. Attendance of the Alien in Deportation Proceedings. - Determination 
of deportability in any case shall be made only upon a record made in a proceeding 
before a Board of Special Inquiry at which the alien shall have reasonable opportunity 
to be present, unless by reason of the alien’s mental incompetency it is impracticable 
for him to be present, in which case the Board of Special Inquiry shall prescribe 
necessary and proper safeguards for the rights and privileges of such alien. If any alien 
has been given a reasonable opportunity to be present and without reasonable cause 


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fails or refuses to attend or remain in attendance at such proceedings, the Board of 
Special Inquiry may proceed to a determination in like manner as if the alien were 
present. 
Sec. 106. Assignment of Special Prosecutors in Depottation Cases. - The 
Commissioner shall assign a special prosecutor to present the evidence of the 
government if the alien charged denies the factual al(egations of his deportability, or 
issues of law or fact remains unsolved. At any time during the hearing, the special 
prosecutor may file additional charges of deportation. 
Sec. 107. Burden of Proof in Depottation Cases. - In cases where the charge 
for deportation is based on paragraph (a) of Section 98 of this Act, the burden of proof 
shall be upon the alien to establish that he entered and was admitted into the 
Philippines lawfully, the time, place and manner of such entry and admission. For this 
purpose, he shall be entitled to the statement of the facts in connection with his arrival 
as shown by official records in the custody of the Commissioner. 
Sec. 108. 
Ru/es of Procedure Before the Board of Sjecia/ Inquiw - 
Proceedings before a Board of Special Inquiry in deportation cases shall be in 
accordance with such rules of procedure as the Commissioner shall prescribe. These 
rules shall be the sole and exclusive procedure for determining the deportability of an 
alien under this Act. 
Sec. 109. Voluntary Depottation, When Authorized - At the discretion of the 
Commissioner, deportation proceedings, including the issuance of warrant of detention 
and a finding of deportability, need not be required in the case of a deportable alien 
who elects not to contest the charge against him and chooses to voluntarily depart at 
his own expense without being deported, if his departure without proceedings would be 
in the best interest of the Philippines: Provided, That any alien so authorized to depart 
voluntarily shall be barred from entering the country unless with prior written 
authorization from the Commissioner. Voluntary departure shall not be authorized in 


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cases where the Commissioner believes such alien is deportable under paragraphs (d), 
(h),(i), (j), (k) and (t) of Section 98 of this Act. 
Sec. 110. Findings ofihe Board of Special Inquily in Depodailon Cases. - The 
Board of Special Inquiry conducting the hearing in a deportation case shall submit its 
findings and recommendations to the Board of Commissioners. In cases where an alien 
elects not to contest the charge against him and chooses to voluntarily depart from the 
Philippines at his own expense, or when an alien admits during the pleadings to the 
factual allegations and his deportability, the Board of Special Inquiry shall likewise 
inform the Board of Commissioners in its report. 
Chapter 4. - Decision of Board of Commissioners on Deportation Cases 
Sec. 111. Transmiittal of ihe Records io the Board of Comrnissioners. - At the 
conclusion of the deportation hearing, the complete records of the proceedings together 
with the finds and recommendations of the Boards of Special Inquiry shall be forwarded 
to the Board of Commissioners for final decision. 
Sec. 112. Petition for New Hearing, Grounds Therefor. - At any time before 
the alien is deported, but not later than one (1) month from the date he receives the 
notice and copy of the decision of the Board, the alien or his counsel may file a petition 
for rehearing but only on the ground of newly discovered evidence. The petition shall 
state the reason or reasons why such evidence was not produced during the 
proceedings. 
I f  such evidence is material and not merely cumulative and would 
probably warrant a reversal of the decision, the Board may remand the case to the 
Boards of Special Inquiry for rehearing. The filing of the petition for rehearing and the 
granting thereof shall have the effect of staying the order or warrant of deportation 
issued. No more than one petition for rehearing and no motion for reconsideration of 
the decision of the Board shall be entertained, 


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Chapter 5. - Order of Deportation and Cost 
Sec. 113. Contents of an Order or Warrant of Deportation. - The order or 
warrant of deportation shall be in the prescribed form and shall state the following: 
(a) The grounds for deportation; 
(b) The specific place to where the alien shall be deported; and 
(c) 
A directive commanding any officer of the Commission to carry out the 
deportation immediately, or within such period of time as the Commissioner 
may direct. 
Sec. 114. Period to €ffect Depotfation. - When a final order of deportation is 
made against any alien, the Commissioner shall have a period of three (3) months from 
the date of such order within which to effect the alien's departure from the Philippines. 
During said period, at the Commissioner's discretion, the alien may remain under 
detention or be released under cash bond in an amount and under such conditions as 
the Commissioner may prescribe. I f  deportation is not been practicable, advisable, or 
possible, or the order of deportation has not been effected within such three-month 
period, the alien shall be subject to such further supervision and detention pending 
eventual deportation as provided in Section 103. For the purpose of this section, an 
order of deportation heretofore or hereafter entered against an alien in detention or 
confinement shall be considered as being made as of the moment he is released from 
such detention or confinement, and not prior thereto. 
Sec. 115. 
Suspension of Order of Depotfation; Justification. - The 
Commissioner may upon application of an alien and payment of appropriate fees, for 
good cause and under such conditions as he may prescribe, suspend the order of 
deportation of an alien and order his release. In determining whether good cause has 
been shown to justify releasing the alien, the Commissioner shall take into account the 
following factors: 
(a) The age, health and period of detention of the alien; 


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(b) The effect of the alien’s release on the national security and public peace or 
safety; 
(c) The likelihood of the alien resuming or following a course of conduct which 
make or would make him deportable; 
(d) The character of the efforts made by such alien himself and by 
representatives of the country to which his deportation is directed to expedite 
the alien’s departure from the Philippines; and 
(e) The reason for the inability of the government to secure passports or other 
travel documents. 
Sec. 116. Reinstatement of the Order of Deportation. 
-- Should the 
Commission find that an alien has unlawfully entered the Philippines after having 
previously departed voluntarily or been deported pursuant to an order of deportation on 
any ground described in any of the paragraphs enumerated in Section 98 of this Act, 
the previous order of deportation shall be deemed reinstated from its original date and 
such alien shall be summarily deported at any time subsequent to such reentry. For the 
purpose of this section, the date at which a finding is made that such reinstatement is 
appropriate shall be deemed the date of the final order of deportation. 
Sec. 117. Country Where Deportation is to be directed -- The deportation of 
an alien provided for in this Act or any other act or treaty, shall be directed by the 
Commissioner to a country designated by the alien if that country is willing to accept 
him into its territory. 
If the government of such country fails to advise the 
Commissioner or the alien within thirty (30) days following the date of original inquiry 
whether that government will or will not accept such alien, then such deportation, 
either to the country from which such alien embarked for the Philippines, to the country 
in which the foreign national was born, the country of his nationality or citizenship or to 
any country in which he resided prior to coming to the Philippines. 


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If deportation to any of the foregoing place or countries is impracticable, 
inadvisable, or impossible, then the alien shall be deported to any country which is 
willing to accept him into its territory. 
Sec. 118. Costs of Deportation. -- I f  deportation proceedings are instituted at 
any time within five (5) years after the entry of the alien for causes existing prior to or 
at the time of entry, the cost of the removal to the country of deportation shall be at 
the expense of the vessel or aircraft by which such alien came into the Philippines: 
Provided, That the costs for the deportation of any such person shall not be assessed 
against the owner or owners of the vessel or aircraft in the case of any alien who 
arrived in possession of a valid unexpired immigrant visa and who was admitted to the 
Philippines for permanent residence. In the case of an alien crewman, if deportation 
proceedings are instituted at any time within five (5) years after the granting of the last 
conditional permit to land temporarily under the provisions of Section 91 of this Act, the 
cost of removal to the country of deportation shall be at the expense of the owner or 
owners of the vessel or aircraft by which such alien came into the Philippines, or if in 
the opinion of the Commission that it is not practicable, at the expense of the 
appropriations for the enforcement of this Act. In either of these cases, if deportation 
proceedings are instituted later than five (5) years after the entry of the alien or 
granting of the last conditional permit to land temporarily, the cost thereof shall be 
payable from the appropriations for the enforcement of this Act. 
Sec. 119. Liabilty of Transport Operators. -- Failure or refusal on the part of 
the captain, or the agent, owner, or consignee of a vessel or aircraft, or other carrier to 
comply with the order of the Commission to take on board, guard safely, and transport 
to the destination specified any alien ordered to be deported, or any failure or refusal 
by any such person to comply with an order of the Commissioner to pay deportation 
expenses in accordance with the requirements of Section 119, supra, shall be punished 


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by the imposition of a penalty in the sum and manner prescribed in Title VII, Chapter 
10 of this Act. 
Sec. 120. Expenses of the Accompanying Person. -- When, in the opinion of 
the Commissioner, the mental or physical condition of an alien being deported is such 
as to require personal care and attendance, the Commission may employ a suitable 
person for that purpose who shall accompany such alien to his final destination. The 
expense incident to such service shall be defrayed in the same manner as the expense 
of deporting the accompanied alien is defrayed, and any failure or refusal to defray 
such expenses shall be punished in the manner prescribed in this Act. 
Sec. 121. Existence of Danger in Country Where Alien is to be Depotted. -- 
The Commissioner shall not deport or return any alien to a country if the Commissioner 
determines that such alien’s life or freedom would be threatened in such country on 
account of race, religion, nationality, political opinion, or membership in a particular 
social group: Provided, however; That this provision shall not apply to any alien if the 
Commissioner determines the following: 
(a) The person ordered, incited, assisted, or otherwise participated in the 
persecution of any person on account of race, religion, nationality, political 
opinion, or membership in a particular social group; 
(b) The person having been convicted of a felony, constitutes a danger to the 
community of the Philippines; 
(c) There are serious reasons for considering that the person has committed a 
serious nonpolitical crime outside the Philippines prior to his arrival in the 
Philippines; or 
(d) There are reasonable grounds for regarding the person an undesirable alien 
and/or a danger to the security of the Philippines. 


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Chapter 6 - Indigent Aliens 
Sec. 122. Removal of Indigent A/iens, -- The Commission shall have the 
authority to remove such aliens as may fall into distress or need public aid from causes 
arising subsequent to their entry and are desirous of being so removed, to the country 
from whence they came, or to the country of which they are citizens or subjects, at any 
time fater entry, at the expenses chargeable to any appropriation available. Any person 
thus removed shall forever be ineligible for readmission, except upon the authorization 
of the Commissioner obtained previous to embarkation for the Philippines. 
TITLE V I  
C r r I z m s w  AND NATURALIZATION 
Chapter 1 - Citizens of the Philippines 
Sec. 123. Who Are Cit7zens of the Philippines. -- The following are citizens of 
the Philippines: 
(a) Those who are citizens of the Philippines at the time of the adoption of the 
Constitution of the Philippines; 
(b) Those whose fathers or mothers are citizens of the Philippines; 
(c) Those born before January 17, 1973, of Filipino mothers, who elect Philippine 
citizenship upon reaching the age of majority; and 
(d) Those who are naturalized in accordance with law. 
Sec. 124. Natural Born, Defined. -- Natural-born citizens are those who are 
citizens from birth without having to perform any act to acquire or perfect their 
Philippine citizenship. Those who elect Philippine citizenship by virtue of Paragraph (c) 
of the preceding section shall be deemed natural-born citizens. 
Sec. 125. Requirements and Period to Elect Philippine Citizensh@. -- The option 
to elect Philippine citizenship shall be exercised within the lifetime of the applicant and 


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expressed in a statement to be signed and sworn to by the person concerned before 
any person authorized to administer oaths, and shall be filed with the Commissioner 
accompanied with the oath of allegiance of the person to the constitution and the 
Government of the Republic of the Philippines. If the person concerned is absent from 
the Philippines, he may make the statement and the oath of allegiance herein required 
before a consular officer of the Philippines nearest his place of residence in the foreign 
country where he is residing. The consular officer shall forward to the Commission the 
statement and oath of allegiance within fifteen (15) days from receipt and proper 
determination thereof. 
Sec. 126. Recognition as Rlipino. -- A person whose father or mother is a 
Filipino citizen but has been granted citizenship by another country may file within his 
lifetime a petition for recognition as a Filipino citizen. His recognition will not cause the 
loss of his citizenship to the other country. 
Sec. 127. Administrative Determination of Citizenship. - The Commissioner shall 
make a determination upon recommendation of an immigration hearing officer whether 
the person concerned is qualified to elect or be recognized as a citizen of the Philippines 
and, if determined to be so, shall issue to the person concerned a certificate of identity 
of Philippine citizenship to be signed by the Commissioner or his authorized 
representative, Within fifteen (150) days after the election or recognition for Philippine 
citizenship if perfected, the Commission shall furnish a copy of the statement and oath 
of allegiance, together with a certification that a certificate of identity has been issued, 
to the local civil registrar of the place where the person was born, for registration, or of 
foreign-born of the place where the person has his domicile. 
Chapter 2 - Loss of Philippine Citizenship 
Sec. 128. Philippine Citizenship, How Lost: -- A citizen of the Philippines may 
lose his citizenship in any of the following ways and/or events: 


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(9) By having been declared by competent authority a deserter of the Armed 
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[a) By obtaining naturalization in a foreign country upon his own application or 
upon an application filed by a duly authorized representative, after having 
attained the age of eighteen (18) years; 
(b) By taking an oath or making an affirmation or other formal declaration of 
allegiance to a foreign state or a political subdivision thereof, after having 
attained the age of eighteen: Provided, however, that no person may divest 
himself of Philippine citizenship in any manner while the Philippines is at war 
(c) By renunciation of Philippine citizenship, express or implied; 
(d) By entering, or serving, the armed forces of a foreign state if (1) such armed 
forces are engaged in hostilities against the Philippines, or (2) such person 
serve as a commissioned or noncommissioned officer in such armed forces, 
except when done with the consent of the Republic of the Philippines; 
(e) By accepting, serving in, or performing the duties of any office, post or 
employment under the government of a foreign state or a political subdivision 
thereof, after attaining the age of eighteen (18) years if he has or acquires 
the nationality of such foreign state or for which office, post, or employment 
an oath, affirmation, or declaration of allegiance is required; 
(f) By cancellation of his certificate of naturalization; 
(h) 
By committing any act of treason against, or attempting by force to 
overthrow, or bearing arms against, the Government of the Republic of the 
Sec. 129. Loss of Cl~zenship, Burden of Proof -- Whenever the loss of 
Philippine citizenship put in issue in any action or proceeding, the burden of poof shall 


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be upon the person or party claiming, that such loss occurrence, to establish such claim 
by a preponderance of the evidence. Any person who commits or performs, or who has 
committed or performed, any of expatriation under the provisions of this Act or any 
other law shall be presumed to have done so voluntarily, but such presumption may be 
rebutted upon a showing by a preponderance of the evidence, that the act or acts 
committed or performed were not done voluntarily. 
Sec. 130. Renunciation of C7~zenshib. -- Except as provided in paragraphs (c) 
and (h) of Section 158, the grant of foreign citizenship to a Filipino by reason of 
marriage, residence, or naturalization shall not operate to divest a Filipino of his/her 
citizenship unless he/she renounces Philippine citizenship and subscribes to an oath of 
allegiance to the foreign country. 
Sec. 131. ExpatrMkm, When Nut Recognized. - A Philippine citizen who asserts 
his claim to Philippine citizenship in such manner as the Commissioner shall by 
regulations prescribe, shall not be deemed to have expatriated himself by the 
commission, prior to his having attained the age of eighteen (18), of any acts specified 
in paragraphs (d) and (3) of Section 158 of this Act. 
Chapter 3 - Reacquisition of Philippine Citizenship 
Sec. 132. Citizenship, How Reacquired -- A person who losses Philippine 
citizenship in any of the ways and/or means enumerated under Section 128 of this Act 
may reacquire his Philippine citizenship through any of the following means: 
(a) 
By naturalization: 
Provided, that the applicant possesses none of the 
disqualification for naturalization under Section 136 of this Act; 
(b) By repatriation of deserters of the Armed Forces of the Philippines; or 
(c) By direct act of the Congress of the Philippines; 
Sec. 133. AdministraLWe Naturalizafion, When Applicable. - The provisions for 
administrative naturalization under this Act and the regulations issued pursuant thereto 


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shall be made applicable to any petition filed for the reacquisition of Philippine 
citizenship under paragraph (a) of the preceding Section. In all other cases, repatriation 
shall be effected by taking the required oath of allegiance to the Republic of the 
Philippines before the Commissioner or any officer authorized by him. 
Chapter 4 - Naturalization of Native-Born and Non-Native-Born 
Sec. 134. Persons ELgibJe for Administraative Naturahzatioion. -- The provisions 
of Commonwealth Act No. 473, as amended by Republic Act No. 919, otherwise known 
as the “The Administrative Naturalization Law of 2000,” and all other laws to the 
contrary notwithstanding, any foreign national who was born in the Philippines or not 
born in the Philippines but a permanent resident may apply for Philippine citizenship 
through administrative process, by filing with the Commission a petition for 
naturalization under this Act. 
Sec. 135. Qualitications for Naturalization. - Native-born foreign nationals and 
those foreign nationals not native born but who have acquired permanent resident 
status in the Philippines under Philippine immigration laws having the following 
qualifications may become a citizen of the Philippines by naturalization: 
(a) He must not be less than eighteen (18) years of age on the date of filing of 
the petition; 
(b) He must have resided continuously in the Philippines for a period of not less 
than seven (7) years prior to the filing of the petition; 
(c) He must be of good moral character, and believes in the principles underlying 
the Philippines constitution; 
(d) He must have conducted himself in a proper and irreproachable manner 
during the entire period of his residence in the Philippines; 
(e) He must have some known business, trade, profession, or lawful occupation 
from which he derives income sufficient for his support and that of his spouse 


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or children, if any; Provided, that this requirement may be waived with 
respect to bona fide students at least eighteen (18) years of age who, on the 
basis of their qualifications and potentials, and their parents, resources, can 
become useful citizens of the Philippines; 
(9 He must be able to speak and write English and any one of the principal 
Philippines dialects; 
(9) He must have given primary and secondary education to all his children of 
school age, if any, in the public schools or recognized private schools where 
Philippine history, government, and civics are taught or prescribed as part of 
the school curriculum, and not limited to any nationality, race, during the 
entire period of his residence in the Philippines required of him prior to the 
filing of his petition for naturalization; and 
(h) He must have commingled socially with Filipinos. 
Sec. 136. Persons Disqualified to be Citizens by Naturalization - The following 
persons cannot be naturalized as Philippine citizens: 
(a) Persons opposed to organized government: or affiliated with any association 
or group of persons who uphold and teach doctrines opposing all organized 
government; 
(b) Persons defending or teaching the necessity or priority or violence, personal 
assault, or assassination for the success and predominance of their ideas; 
(c) Polygamists or polyandrists or believers in the practice thereof unless their 
religion allows it; 
(d) Persons suffering from mental alienation or incurable contagious disease; 
(e) Persons who, during the entire period of their residence in the Philippines, 
have not mingled socially with the Filipinos, or who have not evinced a 
sincere desire to learn and embrace the customs, traditions and ideals of the 
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(9 Citizens or subjects of a foreign country which the Philippines is a war, during 
the period of such war or hostilities; 
(9) Citizens of a foreign country whose laws do not grant Philippine citizens the 
privilege to become naturalized citizens thereof; and 
(h) Persons engaging and/or supporting any terrorist activity or organization. 
Sec. 137. Residence Requirements, When Reduced -- The seven (7) years 
continuous residence required in Paragraph (b)of Section 135, shall be reduced to five 
(5) years under any of the following conditions: 
(a) He is a native-born foreign national; 
(b) Being married to a woman who is a natural-born citizen, which marriage 
took place not less than three (3) years immediately prior to the filing of the 
petition; 
(c) Having established a new industry duly registered or introduced a useful 
invention in the Philippines duly patented; or 
(d) Having been engaged as a teacher in the Philippines in a recognized private 
school not established for the exclusive instruction of children of persons of a 
particular nationality or race, for a continuous period of not less than three 
(3) years. 
Sec. 138. feti~on, Filing Fee and Contents Thereof: -- A filing fee of Twenty 
Five Thousand Pesos shall be paid and petitions for naturalization shall be signed by the 
petitioner in his own handwriting and sworn to by the petitioner on four copies, each 
accompanied by a recent photograph of the petitioner, and shall set forth: 
(a) his name and surname, including aliases or other names by which he is 
commonly known and called; his citizenship; and whether single married; 
(b) the place and date of birth, and his trade, profession or occupation; 
(c) the name of his souse and his living children, if any , indicating their 
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(d) his parents and former places of residence, indicating the periods of his 
residence in each place; 
(e) that he has all the qualifications required under Section of this Act; 
(f) that he is not disqualified under Section 136 of this Act; 
(9) that he will reside continuously in the Philippines from the date of filing of the 
petition up to the time of his admission to Philippine citizenship; and 
(h) the names and place of residence of the witnesses whom he desires to 
introduce at the hearing of his petition. 
Sec. 139. Affidavit Requirement. - The petition shall be supported by the 
affidavits of at least two credible persons of good standing in the community, stating 
that they personally know the petitioner to have been born in or a resident of the 
Philippines for the period of time required by this Act, that the petitioner is a person of 
good repute and morally irreproachable, and that the petitioner has in their opinion all 
the qualifications necessary to become a citizen of the Philippines and is not in any way 
disqualified under the provisions of this Act. 
Sec. 140. Publication Requirements. -- Immediately upon the filing of a 
petition, the Commission shall cause the publication of the petition at petitioner’s 
expense, once a week for three (3) consecutive weeks in the Office Gazette, in one 
national newspaper of general circulation, and in one local (city or provincial newspaper 
where the petitioner resides. Copies of said petition and a general notice of hearing 
shall also be posted in a public and conspicuous place in the central office or 
immigration regional or field office where the proceedings will be heard, which hearing 
shall not be held until after three (3) months from the date of last publication of the 
notice in the national newspaper. The Commissioner shall, as soon as possible, forward 
copies of the petition together with the affidavits of the witnesses to the office of the 
Solicitor General, the Director of the National Bureau of Investigation, the provincial 


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director of the Philippine National Police, and the provincial or city prosecutor of the 
province or city where petitioner resides. 
Sec. 141. Naturahzatlon Proceeding. -- The Board of Special Inquiry shall 
conduct naturalization hearings under this Act: 
Provided, however, that no petition 
shall be heard within thirty (30) days preceding any election. The hearing shall be open 
to the public and the Solicitor General or his authorized representative shall appear on 
behalf of the government at all proceedings and at the hearing. The Board of Special 
Inquiry shall submit in writing its findings and recommendations taking into account the 
evidence presented and the testimony of witnesses whether the petitioner possess all 
the qualifications and none of the disqualification set forth under Section 136 and 137, 
to the Board of Commissioners for decision, within thirty (30) days after termination of 
the hearing, together with the complete records of the case. The Board shall render its 
decision within thirty (30) days upon receipt of the entire records of the case. 
If it is found in the course of the hearing that any of the witnesses is not credible 
or is incompetent, and it is satisfactorily shown that the petitioner acted in good faith in 
presenting such witness, another witness may be presented by the petitioner upon 
proper motion, subject to the approval of the Board of Commissioners. 
Sec. 142. Decision of tbe Board of Commissioners, When final. -- The decision 
of the Board of Commissioners granting or denying the petition shall become final and 
executory after the lapse of fifteen (15) days from the date parties or counsel receive a 
copy of the decision and no appeal has been filed with the Court of Appeals. 
Should the Board of Commissioners affirm the petition for naturalization and said 
decision becomes final and executory, the Commissioner shall upon payment of the two 
hundred thousand pesos naturalization fee, issue a certificate of naturalization to the 
petitioner and furnish a copy thereof to the civil registrar of: the locality where the 
petitioner was born and also the locality where petitioner resides, for registration in the 
civil registry. 


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Sec. 143. Certificate of Naturalization, Contents thereof; -- A certificate of 
naturalization issued under this Act shall, among other things, contain the following: 
(a) The case number of the petition, as docketed; 
(b) The number of the certificate of naturalization; 
(c) The signature of the person naturalized which shall be affixed in the presence 
of the members of the Board of Special Inquiry which heard the petition; 
(d) The recent picture of the person naturalized; 
(e) The personal circumstances of the person naturalized; 
(f) The date on which his petition was filed; 
(9) The date of the decision granting the petition; and 
(h) The payment of the filing fee and naturalization fee; and 
(i) The names of the members of the Board of Special Inquiry who conducted 
the hearing of the petition. 
Sec. 144. Renunciation and Oath of Allegiance. -- Before the issuance of the 
certificate of naturalization which shall be in such form as may be prescribed by the 
regulations, the petitioner shall, before the Commissioner or any member of the Board, 
taken the following oath translated in Filipino, whereupon, and not before, he will be 
entitled to all the privileges of a citizen of the Philippines: 
“I, 
, do hereby solemnly swear 
that I 
renounce absolutely and forever all allegiance and fidelity to any 
foreign 
potentate, 
state, 
sovereignty, 
and 
particularly 
to 
the 
, of which at this time I am a subject or citizen; 
that I will support and defend the Constitution of the Philippines and that 
I 
will obey the laws, legal orders, and decrees promulgated by the duly 
constituted authorities of the Republic of the Philippines; and I hereby 
declare that I recognize and accept the supreme authority of the Republic 
of the Philippines and will maintain true faith and allegiance thereto; and 


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that I impose this obligation upon myself voluntarily without mental 
reservation or purpose of evasion. 
So help me God." 
Sec. 145. 
Books and Records. 
--- The Citizenship and Naturalization 
Department of the Commission shall keep two books: one in which the petitions shall 
be recorded in chronological order, noting all proceedings thereof from the filing of the 
petition to the final issuance of the certificate of naturalization; and another, which shall 
be a record of naturalization certificates, each page of which shall have a duplicate copy 
which shall all be duly attested by any member of the Board of Special Inquiry 
concerned. 
Sec. 146. Retentbn of Fees. -- The Commission shall retain fifty percent (50%) 
of the payment made under this naturalization proceedings to be used for the operating 
expenses of the Commission. 
Chapter 5 - Effects of Naturalization 
Sec. 147. Effects of Wife and Children. -- Any woman who is now or may 
hereafter be married to a citizen of the Philippines, and who might herself be lawfully 
naturalized under the provisions of this Act shall be deemed a citizen of the Philippines, 
and mlnor children of persons naturalized under this Act, who have been born in the 
Philippines, shall be deemed citizen thereof: Provided that they shall first qualify and 
be recognized as such by the Commission. 
Sec. 148. Children Born Prior to Naturalization of Parent, -- A foreign-born 
minor child, if dwelling in the Philippines at the time of the naturalization of the parent, 
shall automatically become a citizen but a foreign-born child, who is not in the 
Philippines at the time the parent is naturalized, shall be deemed a citizen only during 
his minority. However, he may continue to be a citizen even after reaching the age of 


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majority or eighteen (18) years of age: Provided, that he shall first quality and be 
recognized as such in the Commission. 
Sec. 149. Children Born Outside the Philippines aRer Naturafization. -- A child 
born outside the Philippines after the naturalization of his father shall be considered a 
citizen, subject to prior recognition of his citizenship by the Commission. 
Sec. 150. Effects of Petitioner’s Death Before Finality of the Order. -- In case a 
petitioner dies before the final decision has been rendered, his widow and/or minor 
children may continue the proceedings. The decision rendered in the case shall, insofar 
as the widow and minor children are concerned, produce the same legai effect as if it 
had rendered during the lifetime of the petitioner. 
Chapter 6 - Cancellation of Naturalization Certificate 
Sec. 151. Cancellation of Naturalization Certificate. -- Upon motion made in the 
proper proceedings by the Solicitor General or by the provincial or city prosecutor 
concerned or by any concerned citizen, the Commissioner, upon hearing by and 
recommendation of the Board of Special Inquiry concerned, may cancel naturalization 
certificate issued and it registration in the proper civil registry shall be ordered revoked 
and considered null and void: 
(a) if it is shown that said naturalization certificate was obtained fraudulently by 
means 
of 
any 
false 
and 
fictitious 
statements 
or 
documents, 
misrepresentations, or concealment of material facts; or 
(b) if it is shown that the naturalized citizen has allowed himself to be used a 
dummy in violation of the Constitution or any provision of law requiring 
Philippine citizenship as a requisite for the exercise, use or enjoyment of a 
right, franchise, or privilege; or 


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(c) if it is shown that the minor children of the person naturalized failed to finish 
high school in a public school or recognized by neglecting to support the 
education of any such children; 
Any person who claims to be a citizen by virtue of the naturalization of a parent 
or spouse whose certificate of naturalization has been ordered revoked and cancelled 
on any of the grounds set forth in this section, shall be deemed to have lost his 
Philippine citizenship and any right or privilege of a citizen which he may have or may 
hereafter acquire under and by virtue of the naturalization of such parent or spouse. If 
said person wishes to continue to stay in the Philippines, he must apply for an 
appropriate visa as provided under this Act. 
TITLE VI11 
MISCELLANEOUS PROVISIONS 
Chapter 1 - Legalization of Unlawful Residence of Qualified Foreign 
Nationals 
Sec. 152. 
When to Fie Application. 
-- The provisions of this Act 
notwithstanding any foreign national whose stay in the Philippines is otherwise unlawful 
under existing laws and who desires to reside permanently in the Philippines may apply 
for the legalization of his stay which shall be filed with the commission on Immigration 
and Naturalization within one (1) year from the effectivity of the rules and regulations 
to implement the provisions of this Act. 
Sec. 153. Qualifications and Requirements, -- Any foreign national who wants 
to avail himself of the benefits under this Act must establish that: 
(a) He has remained unlawfully in the Philippines for a period of at least five (5) 
years prior to filing of his application for legalization; 


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(b) He has, during the last five (5) years prior to the filing of his application, 
been continuously present physically in the country: Provided, that he shall 
not be considered to have failed to maintain continuous physical presence by 
virtue of brief, casual and innocent absences from the Philippines; 
(c) He possesses minimal understanding and knowledge of either English or any 
of the major dialects of the Philippines. 
(d) He has no pending deportation case, or criminal case whereby he may be 
subject to deportation, or he is not engaged in any activity whereby he may 
be subject to deportation: Provided, that in case of dismissal of a deportation 
or criminal case against him, he may and could avail himself of the benefits 
under this Act. 
Sec. 154. Who are Qualfied. -- The following foreign nationals are disqualified 
availing themselves of the benefits under this Act: 
(a) Those who are suffering from any mental disorder or are afflicted; 
(b) Those who have been convicted by final judgment, any crime or offense 
involving moral turpitude during the entire period of his stay in the 
Philippines; 
(c) Those who are fugitives from justice of any country; 
(d) Those who have been convicted by final judgment of any crime or offense 
where the penalty imposed is imprisonment for more than one year or a fine 
exceeding ten thousand (10,000) pesos; 
(e) Those who have been found guilty of unfair labor practices; 
(f) Those who are shown to have defrauded their creditors by absconding or 
alienating properties to prevent their being attached or executed; 
(9) Those who are indigents or likely to become public charges; and 
(h) Those who have been identified by competent authorities are involved or are 
sympathizers of terrorism, human smuggling and human trafficking. 


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Sec. 155. Filing Fees, -- A filing fee of fifty thousand pesos for the applicant, 
ten thousand for the spouse and five thousand for each minor child shall be paid upon 
submission by a foreign national of his application for legalization of his residence which 
amounts are not refundable. 
Such fees may be adjusted as the Board of 
Commissioners may deem necessary. 
Sec. 156. Filing of the Application: Its Effects. -- Any foreign national who has 
a pending application for legalization of residence under this Act shall not be subject to 
deportation proceedings. 
Sec. 157. Death of Applicant: Its Effects. -- In cases where the foreign 
national should die before the decision is rendered on his application, any decision 
rendered shall, insofar as the wife and unmarried children are concerned, produce the 
same legal effect as if the decision was rendered during the lifetime of the applicant. 
Sec. 158. Period to Resolve Applications. -- All applications filed under this Act 
shall be decided by the Board upon recommendation by the Board upon 
recommendations by the Board of Special Inquiry. All decisions of the Board shall 
become final and executory after fifteen (15) days from receipt of the notice and copy 
of the decision of the applicant or his counsel. The Board shall entertain only one 
motion for reconsideration which must be filed in writing within fifteen (15) days from 
receipt of the notice and copy of the decision by the applicant or his counsel of record. 
Sec. 159. Effect of Approval and Consequences of Denial. --- Any foreign 
national whose application for legalization under this Act has been approved shall pay a 
legalization fee of fifty thousand pesos (P50,OOO) for the applicant, twenty-five 
thousand pesos (P25,OOO.OO) for the spouse and ten thousand pesos (P10,OOO.OO) for 
each minor child for such legalization to be implemented. Such fees may be adjusted 
by the Board of Commissioner’s whenever they deem necessary. He shall be deemed 
to have been lawfully admitted for permanent residence in the Philippines as of the date 
of approval of his application. In case of denial, the applicant and his dependents, if 


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any, shall be ordered to leave the country at their own expense, without prejudice to 
their returning to the Philippines and applying for adjustment of their status from 
temporary visitor to some other category or classification as non-immigrants or 
immigrants: Provided that the Commissioner may waive their physical departure if it is 
impossible or impracticable, or would result in exceptional and extreme hardship to the 
foreign national and his dependents, if any. 
Sec. 160. Waiver of Requirement by the Commissioner and Non-Applicability of 
Some Limitations. -- For purposes of this Act, the reciprocity requirement of immigrants 
may be waived by the Commissioner: Provided that such waiver shall not be exercised 
if it contravenes or is opposed to public interest or national security considerations. 
Similarly, the limitation for quota immigrant under this Act shall not apply to the 
legalization of unlawful residence and the status of a foreign national as immigrant 
under this Act. 
Sec. 161. Non-Disclosure of Information. -- Any employee of the Commission 
shall not: 
(a) use any information furnished pursuant to an application filed under this Act 
for any purpose other than to make a determination of the application for an 
enforcement of penalties for false and misleading statements in the 
application; 
(b) 
make any publication whereby any information furnished may identify a 
particular individual; or 
(c) permit anyone, other than the duly authorized officials and employees of the 
Commission, to examine individual applications. 
Sec. 162. Disposition of the Fees Cullected. -- The Commission shall retain 50 
percent of the payments received under these legalization proceedings and shall deposit 
the same in a special account in any government depositary bank, same to be made 
available, without any fiscal year limitation, to cover administrative and all other 


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expenditures which may be incurred in connection with the implementation of this 
legalization program and also for the general enforcement of this Act. 
Chapter 2 - Alien Registration 
Sec. 163. Requirement of Registration, -- Temporary visitors in the Philippines 
must register at the Commission on Immigration, or at the office of the alien control 
officer or if there be none at the office of the city or municipal treasurer nearest their 
place of residence, after fifty-nine (59) days from their arrival in the Philippines. 
Alien born in the Philippines must be registered within thirty (30) days from date 
of birth by their parent or legal guardian. 
Sec. 164. Registration, Form and Oath. -- Applications for registration shall be 
under oath and in such form as prescribed by the Commission. Upon registration, an 
Alien Certificate of Registration in such form and containing such particulars as 
prescribed by the Commission shall be issued to the registrant. In the case of loss or 
destruction of such certificate a duplicate thereof upon application shall be issued by 
the Commission. 
Sec. 165. Nofice for Change in Address 
-- The alien shall notify the 
Commission in writing of any change of residence and his new address not later than 
seven (7) days after such change. 
Sec. 166. Presentment' of Alien Certificate of Registration. -- Every alien 
required to register under this Act or the parent or guardian of such alien shall, upon 
demand of any immigration official, or any peace officer authorized by the Commission, 
exhibit his Alien Certificate of Registration or a copy thereof. Failure to do so without 
justifiable cause shall subject such alien to an administrative fine. 
Sec. 167. Reportoria/ Requirement, -- Every alien registered under this Act 
shall, within the first sixty (60) days of every calendar year, report in person to the 


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Commission. An annual report fee as prescribed by the Commission shall be paid by 
the alien. 
Sec. 168. Compliance by Minors of Registration Requirement. -- The parent or 
legal guardian of aliens below fourteen (14) years of age shall have the duty of 
complying with registration, notice and reporting requirements prescribed in this Act. 
Sec. 169. Failure to Comply with Registration Requirement. -- An alien or the 
parent or legal guardian of an alien who fails without justifiable cause to comply with 
the registration, notice and reporting requirements, provided in this Act, or who files an 
application for registration containing statement known by him to be false, or who 
utilizes a registration certificate other than his own, shall be subject to the appropriate 
administrative fine as prescribed in the implementing rules and regulations of the 
Commission, 
Sec. 170. Surrender of Alien Certificate of Registration. -- In the case of the 
death of an alien registered under the provisions of this Act, his legal heirs, 
representative or administrator must surrender the Alien Certificate of Registration of 
said deceased alien to the Commission within sixty (60) days from date of death. The 
Local Civil Registrar or other civil registry officer of the locality where said alien died 
shall also furnish the Commission with a copy of the certificate of death of said alien 
within thirty (30) days from issuance thereof. 
Failure on the part of the persons 
concerned to comply with the requirements of this section shall subject the offender to 
the appropriate fine or sanction as prescribed in the implementing rules and regulations 
of the Commission, 
Chapter3 - HeadTax 
Sec. 171. Head TaK Amount There06 and By Whom Payable. -- A tax of five 
hundred (P500.00) pesos shall be collected from every foreign nation who is fourteen 
(14) years of age or over admitted into the Philippines for a temporary stay exceeding 


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sixty (60) days, or from every foreign national whose stay in the Philippines has 
exceeded sixty (60) days, which tax shall be paid to the Commission. 
Chapter 4 - Bonds and Deposits 
Sec. 172. Bonds, When &acted, -- The Commission shall have the power to 
exact cash bond in such amounts and under such conditions as it may prescribe: 
(a) To control and regulate the admission into, and departure from the 
Philippines of aliens applying for temporary admission; 
(b) To insure against alien passengers liable to be excluded as likely to become 
public charges, from becoming public charges; and 
(c) To insure the appearance of aliens released from custody during the course 
of deportation proceedings instituted against them, as determined by the 
respective Boards of Special Inquiry hearing the deportation cases. 
Sec. 173. 
Requirement of Cash Deposits for Overtime Services. --The 
Commission shall likewise have the power to require cash deposits in such amounts as 
may be necessary from shipping and airline companies or other persons served to cover 
payments for overtime services to be performed by officers and employees of the 
Commission. 
Sec. 174. Cancellation and Fofieiture of Bonds. -- When the conditions of the 
bond are fulfilled, or in the case of a bond posted to insure against an alien becoming a 
public charge when the Commission shall decide that the likelihood no longer exists, or 
in the event of the naturalization as a Philippine citizen or death of the alien in whose 
behalf the bond is posted, the bond shall be cancelled and refunded to the depositor or 
his legal representative. 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 tickets of indigent deportees and to cover the costs of operations in the 
arrest of the deportee who jumps bail. 


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Chapter 5 - Recognizance 
Sec. 175. Petitions for Recognizance, Sanction for Breach of Conditions. -- 
The Commissioner may order the release of an alien upon recognizance of his lawyer or 
a person who is of good standing in the community, under such terms and conditions 
as he may prescribe. Any lawyer, individual or a juridical person who fails to comply 
with any term or condition of the recognizance entered into by him shall be subject to a 
fine of not more than one hundred thousand pesos (PlO0,OOO.OO) 
but not less than ten 
thousand pesos (P10,000.00), without prejudice to administrative sanction and or 
disbarment proceedings, if appropriate and warranted, in the case of a lawyer. If 
noncompliance under this section is committed by a foreign diplomatic or consular 
officer, he shall be reported to the ambassador of his country and to the Secretary of 
Foreign Affairs. If committed by a travel agency, it shall be barred from transacting 
business with the Commission or to enter its premises. 
In all cases, the erring 
individual or agency shall be fined an amount of not more than one hundred thousand 
pesos (P100,OOO.OO) but not less than ten thousand pesos (P10,OOO.OO). 
Chapter 6 - Human Trafficking and Alien Smuggling 
Sec. 176. Human Trafficking and Alien Smuggling, Defined. -- As used herein, 
"Human Trafficking" shall refer to the illicit and profit-motivated transportation of 
persons, especially women and children across international borders, with or without 
their consent or knowledge, by small crime rings or international criminal syndicates, for 
purposes of sexual exploitation or clandestine labor under inhumane, abusive, and 
slave-like conditions. "Alien Smuggling" shall refer to any of the following acts: 
(a) The recruitment, transfer development or travel of any alien with or without 
the alien's consent or knowledge, or other illegal means for landing or entry 
into the Philippines without valid passport visa or travel documents. 


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(b) The recruitment, transfer, deployment or travel of any alien with or without 
the alien's consent or knowledge, or other illegal means for landing or entry 
into the Philippines with valid passport, visa or travel documents but without 
proper inspection, admission and clearance by immigration officials. 
(c) The entry of an alien into the Philippines not duly admitted by an immigration 
official or not lawfully entitled to enter or reside within the Philippines under 
the terms of the immigration laws. 
(d) Being an alien shall for any fraudulent purpose obtain entry into the 
Philippines by willful, false or misleading representation or willful concealment 
of a material fact, including the use of falsified visa, passports or travel 
documents. 
Alien smuggling may be committed by the alien himself, any person, group of 
persons, corporation, associations, clubs or other entity aiding, harboring, concealing, 
employing or giving comfort to the alien mentioned herein. 
Sec. 177. Arrest of Those Involved in Alien Smuggling and Human Trafficking. 
-- Immigration officers and agents and police officers, agents of the National Bureau of 
Investigation and other agents of law enforcement units duly deputized may arrest an 
alien and any person, group of persons, officers or corporations, associations, clubs or 
other entity aiding, harboring, concealing, employing or giving comfort to the alien 
mentioned herein on violations of the preceding section. The arresting officer shall 
within twenty-four (24) hours after the arrest have been made, turn over the arrested 
alien to the Law and Investigation Department for investigation to be conducted by the 
legal officer. 
Sec. 178. Complaints for Acts of Alien Smuggling and Human Trafficking. -- 
Complaints for Acts of Alien Smuggling and Human Trafficking shall be evaluated by a 
legal officer of the Law and Investigation Division Should there exist a prima facie case 
of alien smuggling, the Immigration Prosecutor shall file with the Board of Special 


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Inquiry the Deportation Charge against the alien concerned for deportation 
proceedings. 
The Law and Investigation Department shall likewise prepare a complaint 
affidavit for filing with the office of the prosecutor for possible filing of criminal charges 
before the courts against the alien and those other persons who aided, harbored, 
concealed, employed or gave comfort to the alien. 
The final deportation order shall be stayed while the criminal case is pending. 
Chapter 7 - Liaison With Internal Security Officers 
Sec. 179. Liaison With Internal Security OfZcers. -- The Commissioner shall 
have authority to maintain direct and continuous liaison with the Director of the 
National Bureau of Investigation and the National Intelligence Coordinating Agency and 
with other internal security officers of the government for the purpose of obtaining and 
exchanging information for use in enforcing the provisions of this Act in the interest of 
the national security of the Philippines. The Commissioner and the head of the Office 
of Consular Affairs of the Department of Foreign Affairs shall likewise maintain direct 
and continuous liaison with each other with a view to a coordinated, uniform, and 
efficient administration of this Act and all other immigration and citizenship laws. 
Chapter 8 - Designation of Ex-Official Special Agents 
Sec. 180. Designation of Personnel as Ex-Offlcial Special Agents. 
-- The 
Commissioner is authorized to designate any regular employee of a municipality as ex- 
officio special agent of the Commission for the enforcement of this Act, without 
additional compensation, and to confer or impose upon the employee so designated 
any of the powers, duties and functions conferred or imposed by this Act or the 
regulations issued thereunder upon employees of the Commission as the Commissioner 
shall, with the approval of the Secretary, prescribe and define by appropriate rules and 


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regulations: Provided, however, That any such designation shall be limited only to 
remote municipalities situated on the coastline of the Philippines where the employee 
designated is permanently residing; Provided, further, That any such designation may 
be revoked at any time by the Commissioner. 
Sec. 181. Supervision of Ex-Officio Agents. -- Ex-officio special agents hall be 
under the general supervision of the Regional Immigration Supervisors under whose 
jurisdiction the municipality is located, and shall perform such duties and functions as 
indicated in their designation. Pending issuance of the rules and regulations governing 
enforcement of the preceding section, city and municipal treasurers designated ex- 
officio special agents of the Bureau of Immigration under Republic Act No. 750 shall 
continue to perform their duties and functions as provided for in the rules and 
regulations governing the enforcement of aforesaid Act, except their functions to act on 
applications of aliens for registration and to receive the required fees therefore and 
collection of the annual report fee paid by aliens as provided for in the same Act 
aforecited. 
Chapter 9 - Fees and Charges 
Sec. 182. Authority of the Commissioner to Collect Fees and Charges. -- The 
Commissioner is authorized under the provisions of this Act, to prescribe and collect 
fees and charges for services, which shall take effect fifteen (15) days after the last 
publication thereof for two (2) consecutive weeks in a national newspaper of general 
circulation. 
Chapter 10 - Administrative Fines against Vessels or Aircraft 
Sec. 183. Fine for Failure to submit crew list, passenger manifesto or failure to 
account every passenger and crew. -- Any vessel arriving at a port in the Philippines 
from a place outside thereof who fails to submit to the immigration authorities the crew 


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list and/or passenger manifesto as provided in Sections 48 and 97 hereof, or fails to 
produce satisfactorily or account for every crewmember or passenger, whose name 
appears in said list, the pilot, master, agent, owner or consignee of the vessel or aircraft 
shall be subject to a fine of one hundred thousand pesos (p100,000.00) for failure to 
submit a complete, true and accurate report and a fine of fifty thousand pesos 
(P50,OOO.OO) for each unaccounted person. 
Sec. 184. Fine for violation of obligation on the landing or removal of aliens. -- 
Any vessel arriving at a port of the Philippines from a place outside thereof and violates 
any of the provisions in Sections 86 and 119 hereof shall pay to the Commission a fine 
of not less than fifty thousand pesos (P50,OOO.OO) 
but not more than two hundred 
thousand pesos (200,000.00) 
for each violation as may be determined by the 
Commissioner. 
Sec. 185. Fine imposed for bringing undocumented alien or aliens aff-lted with 
a &ease or a physical or mental dsorder which are loathsome, communicable or 
incurab/e, -- If any vessel arriving at a port in the Philippines from a place outside 
thereof bring on board an alien bound for the Philippines who is not properly 
documented as required by this Act, the pilot, master, agent, owner or consignee of the 
vessel or aircraft shall be subject to a fine of one hundred thousand pesos (100,000.00) 
in the case of each such person brought. If 
the alien is afflicted with a disease or a 
physical or mental disorder which are loathsome, communicable or incurable, the fine to 
be imposed shall be not less than two hundred thousand pesos (P200,OOO.OO) but not 
more than three hundred thousand pesos (P300,OOO.OO) in the case of each such 
person brought as may be determined by the Commissioner. 
Sec. 186. fine imposed for bringing an alien signed on the ship’s article to 
assist his illegal entiy or falsely represents an alien as a member of the crew. -- If 
any 
vessel arriving at a port in the Philippines from a place outside thereof bring on board 
an alien bound for the Philippines with an intention to permit or assist said alien in 


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violation of the provisions of this Act or falsely represents to the consular officer at the 
time of application of visa or to the immigration officer at the port of arrival in the 
Philippines to be a bona fide member of the crew, the pilot, master, agent, owner or 
consignee of the vessel or aircraft shall be subject to a fine or not less than one 
hundred thousand pesos (100,000.000) but not more than two hundred thousand pesos 
(P200,OOO.OO) in the case of each such person brought as may be determined by the 
Commissioner. 
Sec. 187. Fine for violation of Provisions of the Act. -- Any vessel arriving at a 
port of the Philippines from a place outside thereof and violates any of the provisions of 
this Act not specifically discussed in this Chapter shall pay to the Commission a 
reasonable fine as may be determined by the Commissioner which shall in no case be 
less than fifty thousand pesos (P50,OOO.OO) 
but not more than two hundred thousand 
pesos (200,000.00) for each violation. 
Chapter 11 - Other Penal Provisions 
Sec. 188. Acts Penalized, against whom and penalty imposed. -- A fine of not 
less than one hundred pesos (lO0,OOO.OO) but not more than one million pesos 
(1,000,000.00), 
provided no other cases are filed against the alien in the regular courts 
of law, shall be imposed on any person determined to have committed the following: 
(a) Impersonates another individual, or falsely appears in the name of a 
deceased individual, or evades the immigration laws by using an assumed or 
fictitious name when applying for an immigration documents; 
(b) Issues or otherwise disposes of an immigration document or an immigration 
accountable form, to any person not authorized by law to receive such 
documents: 


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(c) Obtains, manufactures, prints, accepts or uses any immigration document 
knowing it to be false or uses immigration accountable form that is not legally 
(d) Enters the Philippines without inspection and admission by the immigration 
authorities, or obtains entry into the Philippines by fraud, misrepresentation, 
or concealment of material facts; 
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(e) Represents himself to be a Philippine citizen; 
(f) Knowingly makes under oath make false statement regarding any immigration 
matter; or 
(9) Brings into, or lands in the Philippines or conceals, harbors, employees or 
gives comfort to any alien not duly admitted by any immigration officer or not 
lawfully entitled to enter into or resides within the Philippines, or attempts, 
conspires with, or aid another to commit any such acts; 
Where there offender of any acts specified in paragraph (9) hereof is a 
corporation, company, partnership or other juridical entity, the president, general 
manager, managing partner, or chief executive officer thereof shall be held liable. 
Dismissal by the employer before or after apprehension shall not relieve the employer 
of the offense. 
If the offender who commits any of the acts specified under paragraph (9) 
hereof of this section is the pilot, master, agent, owner, consignee, or other person in 
charge of the vessel which brought the alien into the Philippines from any place outside 
thereof, the fine imposed under the first paragraph hereof shall constitute a lien against 
the vessel which may be enforced in the same manner as fines are collected and 
enforced under existing laws. Such vessel shall not be allowed to depart without prior 
clearance issued by the Commission. Where forfeiture is justified under the particular 
circumstances of the case, the fotfeiture of the vessel in favor of the government in lieu 
of the fine shall be decreed. 


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Sec. 189. Penalty for Noncompliance of a Subpoena. -- A fine of not more 
than one thousand pesos (P1,OOO.OO) 
or imprisonment for not more than fifteen (15) 
days shall be imposed upon conviction on any person who having been duly served with 
a subpoena or subpoena duces tecum fails to comply with the requirements thereof 
without valid and justifiable cause and then who fails to observe the provisions of this 
Act. 
Sec. 190. Penalty for Overstaying Crewmen. -- Any alien crewman who willfully 
remains in the Philippines beyond the period allowed him for temporary landing shall be 
guilty of an offense, and upon conviction thereof shall be fined or not less than fifty 
thousand pesos (50,000.00) 
but not more than one hundred thousand pesos 
(P100,OOO.OO) or imprisonment of six (6) months or both at the discretion of the Board, 
and shall be summarily deported after his release from confinement. 
Sec. 191. Penalties on Fraudulent Applications. -- Any foreign national who 
makes any fraudulent application on materially false and misleading statements therein, 
regardless of whether or not the application is granted, shall, upon conviction, be 
punished with imprisonment of not less than one year but not more than five (5) years 
or a fine of not less than fifty thousand pesos (P50,OOO.OO) but not more than one 
hundred thousand pesos (lOO,OOO.OO), 
or both at the discretion of the court, and 
summarily deported after serving the entire period of his imprisonment. This shall be 
without prejudice to prosecution for any other acts committed in connection with his 
application which are punishable under existing laws. In cases where the application 
has already been approved, the conviction by final judgment of any offense punishable 
under this Act or other laws arising from acts committed in connection with his 
application, shall automatically revoke the legalization of the residence and status in the 
Philippines of the applicant, including his wife and unmarried children, if any. 
Sec. 192. Penalty for Tampering and Alteration of Naturalization Certificate. -- 
Any individual who shall fraudulently make, falsify, forge, change, alter or cause or aid 


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any person to do the same, or who shall purposely aid and assist in -falsely making, 
falsifying, changing, or altering a naturalization certificate for the purpose of making 
use thereof, or in order than the same be used by another person or persons; and any 
person, who shall purposely aid or assist another in obtaining a naturalization certificate 
in violation of the provisions of this Act shall be punished by a fine of not less than fifty 
thousand pesos (50,000.00) 
but not more than two hundred thousand pesos 
(200,000.00) or by imprisonment of not less than five (5) years or both, and in the case 
that the person convicted is a naturalized citizen, his certificate of naturalization and the 
registration of the same in the proper civil registry shall be ordered cancelled. 
Sec. 193. Penalty for Human Traficking and Alien Smuggling. -- Any person 
found guilty of committing any of acts enumerated in Section 176 shall suffer the 
penalty of prision mayor and a fine of one million pesos (1,000,000.00) but not more 
than two million pesos (2,000,000.00) 
for each alien smuggled into the Philippines. 
Provided, that if the offender is a foreigner, he shall be immediately deported, Provided 
that there are not other cases filed and/or pending against the alien in the regular 
courts of law after service of his sentence and be barred permanently from entering the 
country again except if the offender is married to a Filipino citizen, he shall be barred 
from entering the country for a period of five (5) years. If the offender is an agency, 
corporation, association, club or establishment, or any place of entertainment 
committing any of the acts enumerated in Section 176, the owner, president, head, 
manager, or any responsible official shall suffer the penalty herein provided. The 
registration with the Securities and Exchange Commission (SEC) and license to operate 
of the agency, corporation, association, tour or travel agent, club or establishment, or 
any place of entertainment shall be cancelled and revoked permanently. The owner, 
president, or head manager thereof shall not be allowed to operate similar 
establishments in a different name. 


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Sec. 194. Penalty for Terrorists. -- Any alien found engaging in, supportive of 
any terrorist activity and/or abetting a terrorist shall be meted a penalty of not less than 
five (5) years imprisonment and a fine of one million pesos (1,000,000.00) but not 
more than two (2) million, Provided that immediately after the service of sentence, said 
alien shall be immediately deported and perpetually barred from entering the 
Philippines. 
Sec. 195. Penalty for Exploitation of Natural Resources and/or Holation of 
Environment Protection Laws. -- Any alien caught disturbing/exploiting or attempting to 
disturb/exploit our natural resources without the appropriate permit or violating any of 
our environment protection laws, rules and regulations shall without prejudice to the 
filing of appropriate charges or institution of deportation proceedings be made to pay 
an administrative fine of one hundred thousand pesos (lO0,OOO.OO) plus cost of the 
property damage as may be determined by the Department of Environment and Natural 
Resources (DENR). 
Sec. 396. Penally for Holation of Other Provisions of the Act. -- Any other 
violations of this Act, which penalties are not specifically provided for, as well as the 
rules or regulations of the Commission which may hereafter be promulgated shall be 
subject to a reasonable penalty as may be determined by the Commission, shall 
penalize vessel arriving at a port of the Philippines from a place outside thereof and 
violates any of the provisions of this Act not specifically discussed in this Chapter shall 
pay to the Commission a reasonable fine as may be determined by the Commissioner 
which shall in no case be less than fifty thousand pesos (50,000.00) but not more than 
two hundred thousand pesos (200,000.00) for each violation. 
Sec. 197, Funding, -- In addition to its annual budget under the General 
Appropriations Act, the Commission on Immigration is authorized to use twenty percent 
(20%) of its income derived from collection of immigration fees, to be used for its 
computerization project and to augment its funds for maintenance and other operating 


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expenses, information gathering and storage and for communication and transport 
facilities in the enforcement of its functions. 
Chapter 13 - Transitory Provisions 
Sec. 198. Interim Period -- The incumbent Commissioner and the two 
associate commissioners and the present immigration manpower complement shall 
continue to exercise the powers and discharge the duties and responsibilities of their 
position and carry out the provisions of this Act for a period of one year from the date 
of its enactment into law and until such time that the members of the Commission are 
duly appointed by the President, and the new organizational, functional and manpower 
chare have been finalized. 
Sec. 199. Staffing Pattern and Sa/ay Scak -- To carry out the provisions of 
this Act, the Commissioner shall submit a new staffing patter and salary scale for 
personnel services to the Secretary of the Department of budget and Management for 
approval, which shall be in accordance with the Salary Standardization Law and other 
applicable laws under the National Compensation and Classification Plan. 
Sec. 200. Organization of the Commission. -- Upon approval of this Act, all 
employees of Bureau of Immigration covered by the civil service law and regulations 
shall continue to hold their present positions pending the organization of the 
Commission in accordance with the new staffing pattern: Provided, however, That in 
the event that the positions are abolished in accordance with the reorganization, the 
affected employees shall be given first priority in the appointment or promotion to the 
new created positions to which they may qualify; Provided, further that no incumbent 
qualified employee of the Bureau of Immigration shall be unjustly separated from 
service; Provided finally that any qualified employee who cannot be absorbed by the 
Commission shall be entitled to a separation pay of two months (2) pay for every year 
of service and other benefits under existing retirement laws, at the option of the 


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personnel concerned. Provided further that employees who have been dismissed for 
cause will no longer qualify for any position in the Commission. 
Sec. 201. Inventoiy and Transfer of Propetfies to the Commission. -- All 
records, equipment, buildings, facilities, and other properties of the Bureau of 
Immigration reorganized under this Act shall be properly inventoried and transferred to 
the Commission established in this Act. 
Sec. 202. Forms. -- Naturalization certificate and other blanks forms required 
for carrying out the provisions under this Act shall be printed on security paper with 
identifying watermarks and other security features. 
Sec. 203. Polcie$ Rules and Regu/alfons. -- The Commissioner shall 
promulgate the necessary rules and regulations for the proper implementation and 
enforcement of the provisions of this Act, which rules and regulations shall take effect 
fifteen (15) days after its publication in a newspaper of general circulation. 
Chapter 14 - Repealing Clauses 
Sec. 204. This Act is in substitution of and supersedes Commonwealth Act No. 
613, otherwise known s the Philippine Immigration Act of 1940, as amended: Provided, 
That nothing contained in this Act, except Sections 76 and 78 hereof, shall be construed 
to affect any prosecution, suit, action, or proceeding brought, or any act, thing, or 
matter, civil or criminal, done or existing at the time of the effectivity of this Act; but as 
to all such prosecutions, suits, actions, proceedings, act, things, or matters, the 
provisions of aforementioned Commonwealth Act No. 613, as amended, are continued 
in force and effect: Provided, further, That as to such prosecutions, suits, actions, or 
proceedings, or as to such acts, things, or matters, the procedure provided for by this 
Act or by regulations prescribed thereunder shall be followed insofar as the same may 
be applicable: 
Provided, finally, That nothing in this Act shall be construed as to 


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abrogate any treaty or agreement entered into between the Philippines and any foreign 
state before the effectivity of this Act. 
Sec. 205. 
Section 770 of Act NO. 279, otherwise known as the Revised 
Administrative Code; Commonwealth Act. No. 63, as amended, Commonwealth Act No. 
625; Republic Act Nos. 750, 965, and 2630; Presidential Decree No. 725; Letter of 
Instruction No. 270, as amended; Letter of Implementation No. 20; and all other laws, 
decrees, executive proclamations, instructions, rules and regulations, or parts thereof, 
inconsistent with this Act or nay of the provisions thereof are hereby repealed, 
superseded, or modified accordingly. 
Chapter 15 - Separability Clause 
Sec. 206. Separab//i@ Clause. -- If any of the provisions of this Act is held 
invalid or unconstitutional, the other provisions thereof shall not be affected thereby. 
Chapter 16 - Effectivity Clause 
Sec. 207. Effectivity C/au..e. -- This Act shall take effect after its complete 
publication in at least two (2) newspapers of general circulation. 
Approved 
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