FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
__ S.I\. No. 98 _",-~v__-f_,-
Introduced by Senator FRANCIS G. ESCUDERO 
EXPLANATORY NOTE 
The current governing law of the Bureau of Immigration, Commonwealth 
Act 613, was enacted under the American regime in 1940. Albeit the various 
amendments which have been introduced in the said law over the years, with 
globalization and proliferation of international crimes, a more capable and 
practicable immigration system is very much needed by our country to keep up 
with the vast changing times. 
Article II, Section 7 of the 1987 Philippine Constitution gives paramount 
consideration to national sovereignly, territorial integrity, national security, 
national interest, and the right to self-determination, as it adheres to the policy of 
peace, cooperation and amity with all nations. 
Toward this end, this bill seeks to apply and administer Philippine 
immigration policies, rules and regulations in the promotion of domestic and 
international interests of the Philippines, in recognition of: 
(a) The admission of foreign nationals for the purpose of enhancing capital 
investments, trade and commerce, cultural exchanges and other forms of friendly 
relations and cooperation; 
(b) The need for increased technological and scientific development; 
(c) Promotion of conditions for social welfare and economic security of the 
people; 
(d) Compliance with obligations and standards set by international law in the 
admission or exclusion of foreign nationals; 
(e) Promoting international order and justice by denying the use of Philippine 
territory to persons who are engaged or likely to engage in terrorism, human 
smuggling and trafficking, criminal and other nefarious activities; 
(f) Modernization of structures and mechanisms necessary for the 
administration of immigration laws in keeping with the changing demands of the 
country's role in the global community; and 
(g) Professionalization of the immigration service by instituting a rigid 
system of screening and selection of immigration officials and employees and 
promoting their development. 
Hence, the immediate approval of this bill is earnestly sought. 
"""S 
FRANCIS G. ESCUDERO 


2 
3 
4 
FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
S. B.No. 
98 
Introduced by Senator FRANCIS G. ESCUDERO 
PHILIPPINE IMMIGRATION ACT OF 2010 
Be il enllcted by lire Sennle and House of Represenlntives of lhe Philippines in Congress 
assembled: 
TITLE I 
GENERAL PROVISIONS 
5 
SECTION 1. Title of the Act. -
This Act shall be known as the "Philippine 
6 
Immigration Act of 2010". 
7 
SEC. 2. Declaration 0/ Policy. -
In relation to other states, the Philippines shall 
8 
give paramount consideration to national sovereignty, territorial integrity, national 
9 
security, national interest, and the right to self-determination, as it adheres to the policy 
10 
of peace, cooperation and amity with all nations. 
Toward this end, Philippine 
11 
immigration policies, rules and regulations under this Act shall be applied and 
12 
administered in the promotion of domestic and international interests of the 
13 
Philippines, in recognition of: 
14 
(a) The admission of foreign nationals for the purpose of enhancing capital 
15 
investments, trade and commerce, cultural exchanges and other forms of friendly 
16 
relations and cooperation; 
17 
(b) The need for increased technological and scientific development; 


(c) 
Promotion of conditions for social welfare and economic security of the 
2 
people; 
3 
(d) Compliance with obligations and standards set by international law in the 
4 
admission or exclusion of foreign nationals; 
5 
(e) Promoting international order and justice by denying the use of Philippine 
6 
territory to persons who are engaged or likely to engage in terrorism, human smuggling 
7 
and trafficking, criminal and other nefarious activities; 
8 
(f) Modernization of structures and mechanisms necessary for the administration 
9 
of immigration laws in keeping with the changing demands of the country's role in the 
10 
global community; and 
II 
(g) Professionalization of the immigration service by instituting a rigid system of 
12 
screening and selection of immigration officials and employees and promoting their 
13 
development. 
14 
SEC. 3. Definition of Terms. -
As used in this Act, the following terms are 
IS 
defined as follows: 
16 
(a) 
"Admission" refers to the process by which a foreigner arriving at a port of 
17 
entry in the Philippines is allowed into the country by the immigration authorities; 
18 
19 
(b) 
"Board" refers to the Board of Commissioners; 
(c) 
"Border Control Officer" refers to any person tasked to man the border 
20 
control station as provided under Section 26 of this Act; 
21 
22 
23 
(d) 
"Captain" refers to the master of a vessel or pilot of an aircraft; 
(e) 
"Child" refers to a person below eighteen (18) years of age; 
(f) 
"Citizen" refers to any person who is a citizen of the Philippines under 
24 
Section 1, Article IV of the Constitution of the Republic of the Philippines; 
25 
26 
(g) 
"Commission" refers to the Commission on Immigration; 
(h) 
"Commissioner" and "Deputy Commissioner" refer to the Commissioner of 
27 
Immigration and the Deputy Commissioner of Immigration, respectively; 


(i) 
"Commitment Order" refers to an order issued by the Commissioner under 
2 
Section 7 (c) (2) of this Act that directs the detention of a foreigner after it has been 
3 
determined that a probable cause exists that he/ she committed acts and! or omissions 
4 
in violation of Philippine immigration laws, rules and regulations, or during the 
5 
pendency of deportation case against such foreigner: Provided, That such detention shall 
6 
not exceed three (3) months, unless there exists other legal grounds for continued 
7 
detention; 
8 
U) 
"Consular officer" refers to any consular, diplomatic, or other officer of the 
9 
Government of the Philippines who has been duly granted a consular commission for 
10 
the purpose of issuing visas under this Act; 
11 
(k) 
"Entry" refers to the arrival of a foreigner into any deSignated port of entry 
12 
in the Philippines from a place outside thereof. A foreigner having a lawful permanent 
13 
residence in the Philippines shall not be regarded as making an entry for the purpose of 
14 
this Act if such foreigner proves that his/her departure to a place outside the 
15 
Philippines was for a temporary or limited period, or his/her continued absence from 
16 
the Philippines was occasioned by deportation proceedings, extradition, or other legal 
17 
process; 
18 
(1) 
"Exclusion" refers to the act of Immigration Officers denying admission of a 
19 
foreigner into the country on grounds provided for in this Act; 
20 
(m) "Foreigner" or "Foreign National" refers to any person not a citizen of the 
21 
Philippines; 
22 
(n) 
"Hold Departure Order" refers to (1) a directive that commands the 
2J 
Commissioner to prevent a foreigner from leaving the territorial jurisdiction of the 
24 
Philippines in cases of grant of bail and recognizance pending implementation of 
25 
Summary Deportation Order, or (2) an order implementing a directive from the 
26 
President, the Senate, the House of Representatives, the Department of Justice (DOJ), 


Regional Trial Courts, Sandiganbayan, and appellate courts to prevent a person from 
2 
leaving the Philippines to any place outside thereof; 
3 
(0) 
"Husband" and/ or "Wife" refer(s) to those regarded as such by the laws of 
4 
the country of which they are nationals but shall not include husband or wife by reason 
5 
of proxy or "picture marriage"; 
6 
(p) 
"Immigrant" refers to any foreign national departing from any place outside 
7 
the Philippines destined for the Philippines, other than a non-immigrant; 
8 
(q) 
"Immigration laws" refers to this Act and any other law presently existing 
9 
or which may hereafter be enacted relating to movement of natural persons to and from 
10 
the Philippines, and their exclusion, interception, deportation and repatriation; 
II 
(r) 
"Imrnigration Officer" refers to any person appointed under Section 28 of 
12 
this Act or any employee of the Commission designated by the Commissioner to 
13 
perform the powers, duties and functions of an Immigration Officer as specified under 
14 
this Act; 
15 
(s) 
"Interception" refers to the act of Immigration Officers denying departure 
16 
clearance to any person leaving the country on grounds provided for in this Act; 
17 
(t) 
"Non-immigrant" refers to any foreigner departing from any place outside 
18 
the Philippines who is allowed entry and admission into the Philippines for a 
19 
temporary or limited period of stay; 
20 
(u) 
"Non-refoulement" refers to principle of international law which prohibits 
21 
the forced return of a refugee to the state or territory where his/her life or liberty would 
22 
be threatened; 
23 
(v) 
"Passport" refers to document issued by the Philippine government to its 
24 
citizens requesting other governments to allow its citizens to pass safely and freely, and 
25 
in case of need to give him all lawful aid and protection; 
26 
(w) "Person" refers to natural and juridical person such as partnerships, 
27 
corporations, companies, and associations; 


(x) 
"Port of entry" refers to any port designated by competent authority in 
2 
accordance with law through which a foreigner may apply to the Immigration Officer 
3 
thereat for admission into the Philippines; 
4 
5 
(y) 
"President" refers to the President of the RepubliC of the Philippines; 
(z) 
"Refugee" refers to a person who, owing to a well-founded fear of being 
6 
persecuted for reasons of race, religion, nationality, membership of a particular social 
7 
group, or political opinion, is outside the country of his/her nationality, and is unable 
8 
or, owing to such fear, is unwilling to avail of the protection of that country; or who, not 
9 
having a nationality and being outside the country of his/her former habitual residence, 
lOis unable or, owing to such fear, is unwilling to return to it; 
II 
(aa) "Seaman," "Seafarer" or "Crewmember" refers to a person actually 
12 
employed in the operation or service in any capacity on board a vessel; 
13 
(bb) "Secretary" refers to the Secretary of the Department of Justice; 
14 
(cc) "Stateless Person" refers to a person who is not considered a national by 
15 
any State under its laws; 
16 
(dd) "Travel document" refers to a certification or identifying document 
17 
containing the description and other personal circumstances of its bearer, issued for 
18 
direct travel to and from the Philippines valid for short periods or a particular trip. It is 
19 
issued only to persons whose claim to Philippine citizenship is doubtful or who fall 
20 
under the category enumerated in Section 13 of Republic Act No. 8239, otherwise 
21 
known as "The Philippine Passport Act of 1996"; 
22 
(ee) "Vessel" refers to all means of conveyances, whether aircraft or sea craft; 
23 
(ff) 
"Visa" refers to an endorsement on a passport or any travel document 
24 
issued by a Consular Officer abroad authorizing the holder thereof to proceed to a 
25 
deSignated port of entry in the Philippines and there to apply for entry and admission 
26 
under the status specified therein; or immigration status granted and/ or issued to 
27 
foreigners by the Commissioner or the Board under this Act; and 


(gg) "Watchlist Order" refers to an order issued by the Commissioner under 
2 
Section 7 (c) (4) of this Act that requires immigration personnel to monitor and/ or 
3 
prevent the departure of any person for a period of fifteen (15) days, extendible for 
4 
another fifteen (15) days, and to notify concerned government or law enforcement 
5 
agencies, when his/her presence is required in criminal or legislative proceedings or 
6 
he/ she poses or may pose a threat to national security, public health or public safety. 
7 
TITLE II 
8 
COMMISSION ON IMMIGRATION 
9 
CHAPTER! 
10 
THE COMMISSION 
11 
SEC. 4. Creation. -
l11e Commission on Immigration is hereby created. It shall 
12 
be principally responsible for the administration and enforcement of this Act, and the 
13 
implementation of all laws, rules, regulations or orders of any competent authority 
14 
concerning the entry and admission into, stay in, and the departure from the 
15 
Philippines of all persons. The Commission shall be under the general supervision of 
16 
the Department of Justice. 
17 
SEC. 
5. 
Composition and Qualification. -
The Commission shall be 
18 
administered by the Board headed by the Commissioner as Chairperson, and four (4) 
19 
Deputy Commissioners as members, all of whom shall be natural-born citizens of the 
20 
Philippines and, at the time of their appointment, at least thirty-five (35) years of age, 
21 
holders of a college degree and with proven capacity for administration: Provided, That 
22 
the majority or three (3) members including the Chairperson of the Commission shall be 
23 
members of the Philippine Bar in good standing for at least five (5) years. 
24 
CHAPTER 2 
25 
THE COMMISSIONER 


SEC. 6. Appointment and Rank of the Commissioner. -
The Commissioner shall 
2 
be appointed by the President and shall have the same rank, salary, and privileges of an 
3 
Undersecretary of a Department. 
4 
SEC. 7. Powers and Functions of the Commissioner. - In addition to the duties as 
5 
Chairperson of the Board, the Commissioner shall exercise the following powers and 
6 
functions: 
7 
(a) 
Supervise, direct and coordinate the overall operations of 
the 
8 
Commission; 
9 
(b) 
Appoint, and exercise control and supervision over, the officers and 
10 
personnel of the Commission, subject to existing civil service laws, rules and 
II 
regulations; 
12 
(c) 
Issue, (1) letter orders after determination of the existence of probable 
13 
cause; (2) commitment or release orders; (3) 
warrant of deportation; (4) watchlist 
14 
orders; (5) hold departure orders; (6) allow entry or departure orders; (7) blacklist 
IS 
orders; and (8) orders implementing watchlist orders issued by the Department of 
16 
Justice; 
17 
(d) 
Delegate authority to subordinate officers and employees of the 
18 
Commission, except with regard to powers and functions enumerated in the 
19 
immediately preceding paragraph, which may be delegated only to the 
Deputy 
20 
Commissioners; 
21 
(e) 
Act on applications for issuance and extension or on petitions for 
22 
conversion, adjustment and amendment of visas; 
23 
24 
(f) 
(g) 
Act on petitions for declaration of indigency; 
Declare such control posts, landing places, airports or ports as points of 
25 
entry or exit, whether limited or unlimited; 
26 
(h) 
Increase, reduce or waive immigration fees, fines, penalties and other 
27 
charges; 


(i) 
Participate as member of the Special Committee on Naturalization 
2 
pursuant to Section 6 of Republic Act No. 9139 otherwise known as "The 
3 
Administrative Naturalization Law of 2000"; 
4 
Act on applications for retention or reacquisition of citizenship under 
5 
Republic Act No. 9225 otherwise known as "Citizenship Retention and Re-acquisition 
6 
Act of 2003"; 
7 
(k) 
Issue Certificate of Identification to foreigners who have obtained Filipino 
8 
citizenship; 
9 
(I) 
Issue letter orders and permits to carry firearms, ammunition and 
10 
communications equipment to authorized immigration operatives for use in 
11 
enforcement operations and in the execution of warrants: Provided, That such firearms 
12 
and ammunition are owned and issued by the Commission; 
13 
(m) 
Inspect the documents, premises and records of persons covered by this 
14 
Act; 
15 
(n) 
Deputize any of£icial or employee of the national government and local 
16 
government units, including uniformed personnel of the Armed Forces of the 
17 
Philippines, the Philippine National Police and the Philippine Coast Guard to perform 
i8 
immigration duties and functions subject to the concurrence of the Board; 
19 
(0) 
Authorize and prescribe the forms and the amount of cash bonds for the 
20 
provisional release of respondents il~ deportation proceedings; 
21 
(p) 
Impose reasonable fines and penalties for violation of immigration and 
22 
alien registration laws in accordance with this Act and the gUidelines adopted by the 
23 
Commission; 
24 
(q) 
Provide an express lane for the rendition of services upon payment of 
25 
prescribed fees by airlines/ shipping companies or other persons served and to deposit 
26 
in a government authorized depository bank all such fees received under a trust fund 


that may be made available for the payment of allowances to employees of the 
2 
Commission, subject to existing accounting and auditing rules and regulations; 
3 
(r) 
Accept donation of materials, equipment or technical services from any 
4 
foreign government, international or domestic organization, to upgrade the efficiency 
5 
and operations of the Commission; 
6 
(s) 
Submit to the President and Congress, annually or as may be directed, a 
7 
report on the: (1) number and status of foreigners in the Philippines; (2) foreigners 
8 
admitted or granted change of status as permanent residents; (3) foreigners who have 
9 
been excluded or deported from the Philippines; (4) 
estimated number of illegal 
10 
foreigners in the Philippines in each calendar year and actions taken to arrest them, by 
II 
nationality grouping, for each region in the Philippines; and (5) such other transactions 
12 
of the Commission; 
13 
(t) 
Prepare and submit supplemental budget of the Commission for the 
14 
consideration of the Department of Budget and Management; 
15 
(u) 
Prescribe such rules, regulations or other administrative issuances to carry 
16 
out the provisions of this Act; 
17 
(v) 
Prescribe the appropriate forms, bonds, reports, entries and other papers 
18 
in accordance with this Act; and 
19 
(w) 
Perform such other functions inherent to the Commission. 
20 
CHAPTER 3 
21 
THE DEPUTY COMMISSIONERS 
22 
SEC. 8. Appointment and Rank of Deputy Commissioners. - There shall be four 
23 
(4) Deputy Commissioners who shall be appointed by the President. They shall have 
24 
the same rank, salary and privileges of an Assistant Secretary of a Department. 
25 
SEC. 9. Duties of Deputy Commissioners. -
In addition to their duties as 
26 
members of the Board, the Deputy Commissioners shall exercise additional powers, 


subject to the approval of and as may be assigned by the Board, in the following areas 
2 
of concern as: 
3 
(a) Deputy Commissioner for Administration, Finance, Planning, Legal and 
4 
Information and Communications Technology; 
5 
(b) Deputy Commissioner for Regional Operations, Eegistration, Immigration 
6 
Regulation and Visa and Special Permit; 
7 
(c) Deputy Commissioner for Intelligence, Enforcement, Fraud Prevention and 
8 
Complaint and Prosecution; and 
9 
(d) Deputy Commissioner for International Policies, Cooperation and Social 
10 
Integration. 
11 
CHAPTER 4 
12 
THE BOARD OF COMMISSIONERS 
13 
SEC. 1 fl. Powers and Functions of the Hoard. -
The Board shall have the 
14 
following powers and functions: 
15 
(a) Decide on deportation cases; 
16 
(b) Act on appeals on decisions promulgated by immigration hearing officers; 
17 
(c) Act on applications or recommendations for revocation of immigration status; 
18 
(d) Act on applications for recognition of Philippine citizenship by reason of birth 
19 
or marriage; 
20 
(e) Decide on applications for legalization of residence in accordance with law; 
21 
(f) Prescribe and promulgate rules of proceedings before it; 
22 
(g) Cite and punish for contempt any person in accordance with the Rules of 
23 
Court; 
24 
(h) Prepare and publish operations manual and rules of procedure, including 
25 
schedule of fees, for all transactions entered into by the Commission with the public; 
26 
(i) Formulate policies, directives, programs and projects of the Commission; and 
27 
0l Perform such other powers and functions as provided by existing laws, rules 


and regulations not inconsistent with any of the provisions of this Act. 
2 
SEC 11. Decisions of the Board. - In all cases or proceedings before the 
3 
Board, the decision of the majority shall prevail. Decisions of the Board shall become 
4 
final and executory fifteen (15) days from receipt thereof. Only one (1) motion for 
5 
reconsideration shall be filed with the Board. 
6 
Decisions in deportation cases may be appealed to the Office of the President 
7 
within fifteen (15) days from receipt thereof, whose decision shall be final and executory 
8 
unless stayed by an order of the Court of Appeals. The appeal shall stay the execution 
9 
of the decision appealed from unless the Board, in the interest of national security 
10 
and/ or public safety, directs its execution pending appeal. 
11 
SEC 12. 
Period for Decision by the Board. - The Board shall decide 
12 
deportation cases within thirty (30) days from the date they are submitted for decision 
13 
or resolution. 
14 
SEC 13. Meetings of the Board. - In all cases, the Board shall convene and act as a 
15 
collegial body in all matters referred to in Section 10 of this Act. The Board shall meet 
16 
at least once a week or, if necessary, twice a week. Members of the Board shall be 
17 
notified accordingly and the presence of the Chairperson and two (2) members shall 
18 
constitute a quorum. 
19 
SEC 14. Board Secretary. - The Board shall be assisted by a Board Secretary who 
20 
shall be appointed by the Commissioner. He/she must be a member of the Philippine 
21 
Bar in good standing for at least three (3) years prior to his/her appointment. He/she 
22 
shall keep a docket book for deportation cases, applications for revocation of 
23 
immigration status, applications for recognition of Philippine citizenship by reason of 
24 
birth or marriage, applications for legalization of residence and applications for refugee 
25 
status. 
26 
CHAPTER 5 
27 
THE EXECUTIVE DIRECTOR 


SEC IS. Appointment and Tenure - There shall be an Executive Director of the 
2 
Commission who shall be appointed by the Secretary upon the recommendation of the 
3 
Commissioner, and whose term shall be co-terminous with the Commissioner. He/ she 
4 
must be a natural-born citizen of the Philippines, at least thirty (30) years of age and a 
5 
member of the Philippine Bar in good standing for at least five (5) years prior to his/her 
6 
appointment. 
7 
SEC 16. Powers and Duties. - The Executive Director shall: 
8 
(a) 
Advise 
and 
assist 
the 
Commissioner 
111 
the 
formulation 
and 
9 
implementation of the objectives, policies, plans and programs of the Commission; 
10 
I I 
(b) 
(c) 
Oversee all the operational activities of the Commission; 
Coordinate the programs and projects of the Commission and be 
12 
responsible for its economical, efficient and effective administration; 
13 
(d) 
Administer oaths in connection with all matters relating to the business of 
14 
the Commission; and 
IS 
(e) 
Perform such other duties as may be assigned by the Commissioner. 
16 
CHAPTER 6 
17 
THE BOARD OF SPECIAL INQUIRY 
18 
SEC 17. Constitution of Boards of Special Inquiry. There shall be constituted as 
19 
many Boards of Special Inquiry as required in the exigency of service but not more than 
20 
twelve (12). Each Board shall be composed of a Chairperson and two (2) members. The 
21 
Board shall be designated according to their areas of specialization to be 
22 
determined by the Board. 
23 
SEC 18. 
Appointment and Qualification of the Chairpersons and Members 
24 
of the Boards of Special Inquiry. - The Chairpersons and members of the Boards of 
25 
Special Inquiry shall be appointed by the Commissioner, all of whom shall be natural-
26 
born citizens of the Philippines and, at the time of their appointment, at least thirty (30) 
27 
years of age, members of the Philippine Bar in good standing, and engaged in the 


practice of law for at least three (3) years. They shall hold office during good behavior, 
2 
unless sooner removed for cause. 
3 
SEC. 19. Powers and Functions of the Boards of Special Inquiry. - The Boards of 
4 
Special Inquiry shall: 
5 
(a) Administer oaths; 
6 
(b) Cite and punish for contempt in accordance with the Rules of Court; 
7 
(e) Issue subpoena in cases being heard by the Board of Special Inquiry; 
8 
(d) Recommend to the Board the imposition, waiver or reduction of fees, fines, 
9 
penalties and other charges subject to existing laws, rules and regulations; 
10 
(e) Exercise exclusive original authority to hear and recommend to the Board for 
11 
final resolution the following cases: 
12 
\3 
14 
(1) 
(2) 
(3) 
Deportation; 
Applications for revocation of immigration status; 
Applications for recognition of Philippine citizenship by reason of 
15 
birth or marriage; 
16 
17 
18 
(f) 
(4) 
(5) 
Applications for legalization of residence in accordance with law; 
Application for issuance of visa for stateless person; and 
Perform such other duties and functions as may be directed by the 
19 
Commissioner. 
20 
SEC. 20. Proceedings Before the Boards of Special Inquiry. - The proceedings 
21 
before the Boards of Special Inquiry shall be public and recorded. In all cases, the 
22 
Boards of Special Inquiry shall meet and act as a collegial body. Only members of the 
23 
Philippine Bar in good standing shall appear for and in behalf of any party before the 
24 
Boards of Special Inquiry. 
25 
SEC. 21. Resolutions of the Boards of Special Inquiry. -
Cases before the Boards 
26 
of Special Inquiry shall be resolved within five (5) working days from the date the same 
27 
are submitted for resolution. Said resolution shall be submitted immediately to the 


Board for action. 
2 
CHAPTER 7 
3 
DIVISIONS OF THE COMMISSION 
4 
5 
SEC. 22. Divisions and Other Operating Offices of the Commission. -
The 
6 
Commission shall have the following divisions and other operating offices, namely: (1) 
7 
Administration; (2) Finance; (3) Information and Communications Technology; (4) 
8 
Planning and Research; (5) International Policies and Cooperation; (6) Social 
9 
Integration; (7) Intelligence; (8) Law Enforcement; (9) Fraud Prevention; (10) Legal; (11) 
10 
Immigration Regulation; (12) Registration; (13) Visa and Special Permit; (14) Complaint 
11 
and Prosecution; (15) Internal Audit Office; (16) National Operations Center; and (17) 
12 
Immigration Academy of the Philippines. 
13 
SEC. 23. I-Ieads of the Divisions and Other Operating Offices. 
Each Division 
14 
and other operating offices shall be headed by a Director to be appointed by the 
15 
Secretary, upon recommendation of the Commissioner: 
Provided, however, That 
16 
Directors for the Division for Legal and the Division for Complaint and Prosecution 
17 
shall be members of the Philippine Bar in good standing, and must have been engaged 
18 
in the practice of law for at least three (3) years. The Director for Finance Division shall 
19 
be a Certified Public Accountant in good standing for at least three (3) years. 
20 
SEC. 24. 
Duties and Functions of the Divisions and Other Operating 
21 
Offices. - The different divisions and other operating offices of the Commission shall 
22 
operate in accordance with their respective duties and functions as defined by the 
23 
Commissioner, subject to the requirements of efficiency, economy, transparency, 
24 
accountability and effectiveness, and pertinent budget and civil service laws, rules and 
25 
regulations. 
26 
CHAPTER 8 
27 
REGIONAL OFFICES 


SEC 25. Field Offices of the Commission. -
The Commission shall operate and 
2 
maintain a Regional Immigration Office in each of the administrative regions including 
3 
the National Capital Region. 
4 
The Regional Immigration Offices of the Commission shall each be headed by a 
5 
Regional Immigration Officer, all of whom shall be appointed by the Secretary upon the 
6 
recommendation of the Commissioner. 
7 
SEC 26. Border Control Stations - There shall be established Border Control 
8 
Stations which shall be manned by Border Control Officers appointed by the 
q 
Commissioner. The Border Control Stations shall be placed in specific areas in the 
10 
Philippines which shall be determined by the Board. Their duties and responsibilities 
11 
shall be determined by the Commissioner. 
12 
SEC 27. Changes in the Composition, Distribution of Assignment of l{egional 
13 
Offices. - The Commissioner may make changes in the composition, distribution and 
14 
assignment of Regional Offices, as well as its personnel, based on the demographics of 
15 
the Philippines' foreigner population and as the exigency of the service requires. 
16 
SEC 28. Immigration Officers. - The position of Immigration Officer is hereby 
17 
created. No person shall be appointed to the position of Immigration Officer unless he 
18 
is a holder of a bachelor's degree and a first grade civil service eligible. The Immigration 
19 
Officers shall perform the following duties: 
20 
(a) Examine, with the assistance and advice of medical authorities in appropriate 
21 
cases, foreigners at the port of entry concerning their admissibility to enter and their 
22 
qualifications to remain in the Philippines; 
23 
(b) Exclude foreign nationals not properly documented, and to admit foreign 
24 
nationals complying with the applicable provisions of immigration and related laws; 
25 
(c) Administer oaths in connection with the performance of their duties; 
26 
(d) Search for foreign nationals on any vessel believed to be used to illegally 
27 
bring foreign nationals into the Philippines, and to arrest without warrant any foreigner 


who in his presence or view is entering or is about to enter the Philippines in violation 
2 
of immigration and related laws, rules and regulations; 
3 
(e) Act as control officer with authority to prevent the departure of passengers 
4 
not complying with departure requirements; and 
5 
(f) Perform such other functions as may be assigned by the Commissioner from 
6 
time to time. 
7 
SEC 29. Designation of Employees. - The Commissioner may designate, in 
8 
accordance with civil service laws, rules and regulations, any competent and qualified 
9 
employee of the Commission, to act as immigration officer or assign any employee to 
10 
other offices within the Commission and/ or assign him/her additional or other duties 
11 
as the best interest or exigency of the service may require. 
12 
SEC 30. Assignment of Employees to do Overtime Work. -
The Commissioner 
13 
may assign immigration employees to do overtime work or services pursuant to rules 
14 
and regulations to be prescribed and at the rates fixed by the Commissioner when the 
15 
work or service to be rendered is to be paid by the airline, shipping companies or other 
16 
persons served. 
17 
SEC 31. Deployment of Immigration Personnel Abroad. - Within ninety (90) days 
18 
from the effectivity of this Act, the Department of Foreign Affairs and the Commission 
19 
shall enter into a Memorandum of Agreement pertinent to the assignment and 
20 
deployment of immigration personnel to select consular posts abroad who shall 
21 
perform immigration duties, except diplomatic and consular functions. 
22 
SEC 32. Manning Uvels - On the average, the manning levels of immigration 
23 
officers of the Commission nationwide shall be in accordance with the number of 
24 
arrivals in each port of entry as determined by the Board: Provided, That the number of 
25 
employees, as provided in the staffing pattern in accordance with Section 130 of the 1\ct, 
26 
shall not be decreased. 
27 
TfTLE III 


IMMIGRATION 
2 
CHAPTER 1 - NON-IMMIGRANTS 
3 
SEC. 33. Categories of NOIl-immigrallts alld Types of Visa Issued.- roreign nationals 
4 
departing from any place outside the Philippines who are otherwise admissible and 
5 
who qualify under anyone of the following categories may be admitted as non-
6 
immigrants: 
7 
(a) Temporary visitors (A Visas): Visitors coming to the Philippines for a 
8 
temporary period for reasons of business, pleasure or health: 
9 
1. Business (A-1 visa): Temporary visitors engaged in activities of a 
10 
commercial or professional nature for a foreign employer or for 
II 
themselves that will not result in gainful employment in the Philippines. 
12 
As used herein, the term "business" refers to conventions, conferences, 
13 
consultations and other legitimate activities of a commercial or a 
.I 4 
professional nature, but does not include local employment or labor for 
15 
hire; 
16 
2. Pleasure (A-2 visa): Temporary visitors who stay in the Philippines for 
17 
holiday, including sightseeing, recreation or visiting relatives; and 
18 
3. Health (A-3 visa): Temporary visitors who stay in the Philippines to avail 
19 
of medical treatment. 
20 
(b) Transit Persons (B Visa): Persons passing through the Philippines solely for a 
21 
"stop over" who have a confirmed connecting flight to another country or passengers in 
22 
immediate and continuous transit to a destination outside the Philippines; 
23 
(c) Crew members (C Visa): Members of the crew of vessels required for the 
24 
normal operation and servicing of the vessels who come to the Philippines temporarily 
25 
as part of their jobs either arriving with or coming to join the vessels; 
26 
(d) Treaty Traders (D-l Visa) and Treaty Investors (D-2 Visa): Citizens and their 
27 
family members from a country that has a trade treaty with the Philippines and coming 


to work in the Philippines for either a company they own or one that is at least fifty 
2 
percent (50%) owned by nationals of their home country and which company is 
3 
engaged in substantial trade between the Philippines and their home country shall be 
4 
granted a D-1 visa. 
S 
Citizens of a country that has an investor treaty with the Philippines, and their 
6 
family members, and coming to work in the Philippines for a business they own or one 
7 
that is at least fifty percent (50%) owned by nationals of their home country and which 
8 
business is supported by a substantial investment from nationals of their home country 
9 
shall be granted a D-2 visa; 
10 
(e) Accredited Foreign Government Officials, Their Families and Attendants (E 
II 
Visas): Foreign government officials, their families and attendants coming to the 
12 
country for official purpose, pursuant to international conventions and bilateral 
13 
agreements, shall be granted E Visas divided into three (3) types, namely: 
14 
1. Persons entitled to E-I Visa: The E-1 Visa shall be issued to persons 
15 
enjoying diplomatic immunities and privileges, particularly the following' 
16 
classes of foreign nationals: 
17 
a. I-leads of the State and Heads of Government and their personal 
18 
representatives; 
19 
b. Members of reigning royal families recognized by the Philippine 
20 
Government; 
21 
c. Governors-General, Governors, and High Commissioners of 
22 
dependent territories and their personal representatives; 
23 
d. Cabinet ministers and their deputies and officials with cabinet rank 
24 
of ministers; 
25 
e. Presiding officers of national legislative bodies; 
26 
f. Justices or judges of the highest national judicial bodies; 
27 
g. Diplomats and career consular officials; 


2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
h. Diplomatic couriers regularly and professionally employed as such; 
i. Military, naval, air and other attaches assigned to a diplomatic 
mlsslOn; 
J. All members of official special missions of a diplomatic character; 
k. Officials 
of 
international 
organizations 
bearing 
diplomatic 
passports when traveling on official business; 
I. Representatives 
of 
international 
organizations 
who 
have 
diplomatic status and bearing diplomatic passports issued by their 
governments; 
m. Members of delegations proceeding to or from an international 
conference of an official or diplomatic nature; 
n. Accompanying spouses and unmarried mmor children of 
foreigners within the abovementioned categories; and 
o. Such other officials going to the Philippines on diplomatic 
missions. 
2. Persons entitled to E-2 Visa: The E-2 visa shall be issued to any other 
person not included in the foregoing list, who is an officer of a foreign 
government recognized by the Philippines, is a national of the country 
whose government he represents, and is proceeding to the Philippines in 
connection with official business for his/her government. 
This category includes, inter nlin, the members of the staff of a 
diplomatic 
mission or consular 
post, 
the staff of international 
organizations, and official students or participants in programs under the 
auspices of the Philippine Government or recognized international 
institutions. 
The family members of the above-mentioned persons shall also be 
issued E-2 Visa. 


3. Persons entitled to E-3 Visa: The E-3 Visa shall be issued to the members 
2 
of the household, the attendants, servants and employees of persons to 
. 3 
whom E-1 and E-2 visas have been granted; 
4 
(f) Students (F Visa): Foreign students having means sufficient for their support 
5 
and education in the Philippines who seek to enter the Philippines temporarily for the 
6 
sole purpose of taking up a course of study higher than high school at a 
7 
university / seminary, academy or college accredited for such foreign students by the 
8 
Commission on Higher Education in collaboration with the Commission. Their 
9 
collaboration shall include the monitoring of the status of activities of such foreign 
10 
students in the Phili ppines; 
II 
(g) Prearranged Employment (G Visa): Foreign nationals commg to the 
12 
Philippines 
on 
prearranged 
employment, 
including 
their 
family 
members 
13 
accompanying or following to join them within the period of their employment. This 
14 
category includes intra-company transferees, professionals, performing artists, athletes, 
15 
and cultural exchange workers under a work exchange program; 
16 
(h) Religious Workers (H Visa): Duly ordained or professional missionaries and 
17 
religious ministers, including members of their family, coming to the Philippines to join 
18 
a religious congregation or denomination duly registered with the Securities and 
19 
Exchange Commission, upon invitation, sponsorship or guarantee of such religious 
20 
congregation or denomination, solely for the purpose of propagating, teaching and 
21 
disseminating their faith or religion; 
22 
(i) Hepresentatives of International Organizations and Government Agencies (I 
23 
Visa): Officials, principal representatives and foreign workers of accredited 
24 
international organizations as well as missions, including their family members, staff 
25 
and servants. The term "accredited international organization" includes any public 
26 
international organization in the activities of which the Philippines participates 
27 
pursuant to any treaty or under the authority of any act of the Congress of the 


Philippines authorizing such participation or making an appropriation for such 
2 
participation and such other international organizations, institutions, agencies, 
3 
programs, foundations and entities which are recognized by the government of the 
4 
Republic of the Philippines, induding those existing and already recognized as such at 
5 
the time of the effectivity of this Act. 'fILe term "staff" includes the employees of persons 
6 
to whom the U-3 visa has been granted; 
7 
U) Media Workers (J Visa): Foreign media personnel or correspondents, duly 
8 
accredited by the government agency concerned, who are bona fide representatives of a 
9 
foreign press, radio, satellite, television, film, or other information media, and are 
10 
coming to the Philippines solely to engage in gathering information principally for 
II 
dissemination abroad, including their family members accompanyin.g or following to 
12 
join them during the period of the assignment in the Philippines; 
13 
(k) Exchange Visitors (K Visa): Foreign nationals entering the Philippines to 
14 
teach, study, observe, conduct research or receive training in a specific Exchange Visitor 
15 
Program duly approved by the Philippine Government; 
16 
(I) Refugees (L-l Visa) and Stateless Persons (L-2 Visa): Refugees as defined in 
17 
Section 3 (z) hereof shall be issued L-l Visa. Stateless persons, whose admission for 
18 
humanitarian reasons and not inimical to public interest has been approved by the 
19 
Commissioner or the President in such cases and under such conditions as he may 
20 
prescribe, shall be issued L-2 Visa; and 
21 
(m) 
Special Non-Immigrants (M Visas): Such other foreign nationals 
22 
induding their family members who may be admitted as non-immigrants under special 
23 
laws or foreign nationals not otherwise provided for by this Act who are coming for 
24 
temporary periods only, and whose admission is authorized by the Commissioner or 
25 
the President in the interest of the public or for humanitarian considerations and under 
26 
such conditions as he may prescribe. 


SEC 33-A. Visa Policy. - The policies governing the issuance, extension, renewal 
2 
and conversion of visas referred to in Section 33 hereof shall be jointly formulated by 
3 
the Commission and the Department of Foreign Affairs and, when appropriate, the 
4 
Commission and the Department of Foreign Affairs shall consult with the concerned 
5 
government agencies or offices relative thereto. 
6 
Any visa policy or guidelines to be implemented abroad shall be done by the 
7 
Department of Foreign Affairs, with due notice to the Commission and other concerned 
8 
agencies and/ or offices. 
9 
SEC. 33-B. Visa Issuance Overseas.- All non-immigrant visas issued outside of 
10 
the Philippines shall be done by Consular Officers of the Department of Foreign Affairs 
II 
duly assigned at Philippines posts abroad. Immigrant visas, whenever issued abroad, 
12 
shall be done by the Consular Officers upon the approval of the Commission through 
, 
13 
the Department of Foreign Affairs. 
14 
CHAPTER 2 
15 
IMMIGRANTS 
16 
SEC. 34. Quot-a Immigrants. -
Subject to conditions set forth in this Act, there 
17 
may be admitted into the Philippines, immigrants, otherwise known as "quoia 
18 
il1lmigmnis", not to exceed two hundred (200} of anyone nationality based on 
19 
immigration reciprocity for anyone calendar year and upon allotment by the 
20 
Commissioner of the corresponding quota number. In the allotment of quota numbers, 
21 
the following order of preference shall be observed: 
22 
(a) First Preference: Those whose service and qualifications show high 
23 
educational attainment, technical training, specialized experience, or exceptional ability 
24 
in the sciences, arts, professions, or business a,s would reasonably enhance and 
25 
contribute substantial benefits prospectively to the national economy, or cultural or 
26 
educational interests or welfare of the Philippines, including their family members, 


accompanying or following to join them, who shall likewise be allotted individual 
2 
quota numbers; 
3 
(b) Second Preference: Parents of a naturalized Philippine citizen; 
4 
(c) Third Preference: Spouses or minor children of foreign nationals who are 
5 
lawful permanent residents of the Philippines; and 
6 
(d) Pourth Preference: Parents of foreign nationals who are lawful permanent 
7 
residents of the Philippines. 
8 
SEC 35. Allotment of Quota. - The Commissioner shall, with respect to the first 
9 
preference, allot not more than fifty percent (50%) of the annual quota allotment up to 
10 
the end of June each year: Provided, 1lOwever, That if the fifty percent (50%) is not utilized 
11 
by the first preference, the balance thereof shall be given to the second, third, and fourth 
12 
preferences in accordance with Section 34 of this Act. Any unused quota allotment for a 
13 
calendar year cannot be carried over and utilized for the ensuing calendar year. 
14 
SEC. 36. Basis in Determination of Quota Allotment. -
The nationality of an 
15 
immigrant whose admission is subject to the numerical limitation imposed by Section 
16 
34 of this Act shall be that of the country of which the immigrant is a national or a 
17 
citizen. T11e nationality of an immigrant possessing dual nationality may be that of 
18 
either of the two countries regarding him/her as a national or citizen if he/she applies 
19 
for a visa in a third country. If he/ she applies for a visa within one of the two countries 
20 
regarding him/her as a national or citizen, his/her nationality shall be that of the 
21 
country in which he/ she files his/her application for a visa to enter the Philippines. 
22 
SEC. 37. Non-Quota Immigrants. - The following immigrants, known as "non-
23 
(ILWIIi im11ligmnls", may be admitted without regard to numerical limitation and 
24 
immigration reciprocity: 
25 
(a) The spouse of a Philippine citizen: Provided, /zowever, That the abandonment 
26 
and failure to give support by a foreign spouse to his/her Filipino spouse and family, 
27 
legal separation, or termination of the marital status by annulment, declaration of 


nullity of marriage or divorce where the cause is attTibutable to the foreign spouse, shall 
2 
constitute grounds for cancellation of the immigrant visa issued to the foreign spouse; 
3 
(b) A person of Filipino descent regardless of generation; 
4 
(c) A child born to a foreign mother during her temporary visit abroad, the 
5 
mother being a lawful permanent resident of the Philippines, if accompanied by or 
6 
coming to join the mother who applies for admission within five (5) years from the birth 
7 
of the child; 
8 
(d) A child born subsequent to the issuance of an immigrant visa to the 
9 
accompanying parent, the visa not having expired or revoked; 
10 
(e) A foreign national who had been previously lawfully admitted into the 
II 
Philippines for permanent residence who is returning from a temporary visit abroad to 
12 
an unrelinquished residence in the Philippines; and 
13 
(f) A natural-born citizen who becomes a naturalized citizen of a foreign country 
14 
and is returning to the Philippines for permanent residence therein, including his/her 
15 
spouse and minor children accompanying or following to join him/her, except the one 
16 
who has re-acquired or retained his/her Philippine citizenship pursuant to Republic 
17 
Act No. 9225. 
18 
SEC. 38. Status of Children Born to Foreign Nationals. -
(a) i\. child born in the 
19 
Philippines to parents who are foreign nationals and lawful residents of the 
20 
Philippines shall be deemed a native-born permanent resident. (b) A child born to 
21 
parents who are both non-immigrants shall be deemed a native-born non-immigrant or 
22 
temporary resident and may remain in the Philippines only during the period of 
73 
authorized stay of the parents, unless he/ she reaches the age of eighteen (18) 
24 
years while continuously residing in the Philippines, in which case he/ she may 
25 
apply for naturalization under existing laws or for an appropriate visa. 


CHAPTER 3 
2 
ADJUSTMENT OF STATUS 
3 
SEC. 39. Conditions for Adjustment of Statns of Foreign Nationals. - The status 
4 
of a foreign national admitted into the Philippines as non-immigrant may be adjusted 
5 
by the Board to that of a foreigner lawfully admitted as a permanent resident if: (a) the 
6 
foreigner makes an application for such adjustment; (b) the foreigner is eligible to 
7 
receive a quota or non-quota immigrant visa and is admissible to the Philippines as a 
8 
permanent resident: and (c) a quota immigrant visa, if such is the case, is immediately 
9 
available to him/her at the time of his/her application, without the need of first 
10 
departing from the Philippines. In all such cases, the personal appearance of the 
11 
foreigner shall be required during the consideration of his/her application. 
12 
SEC. 40. Effect of Approval of Applicationfor Adjustment. -
Upon the approval 
13 
of an application for adjustment of status under the preceding section, the 
14 
Commissioner shall record the foreign national's lawful admission as a permanent 
15 
resident as of the date of the approval of the application and shall be included as part of 
16 
the quota for the calendar year in accordance with Section 34 of this Act. 
17 
SEC. 41. Adjustment of Status, When Not Allowed. -
Adjustment of status 
18 
under Section 39 of this Act shall not be applicable to (a) a foreign crewmember, (b) a 
19 
foreign national who has violated or is in violation of immigration laws, rules and 
20 
regulations unless the same is through no fault of his/her own or for purely technical 
21 
reasons, (c) a foreign national admitted as a temporary visitor without visa, and (d) 
22 
transients. 
23 
CHAPTER 4 
24 
DOCUMENTATION AND ADMISSION OF NON-IMMIGRANTS 
25 
SEC. 
42. Documentary Requirements of Non-immigrants. - Non-immigrants 
26 
must present for admission into the Philippines valid passports issued by the 
27 
governments of the countries to which they owe allegiance to or other travel documents 


showing their nationality and identity as prescribed by regulations and a valid visa 
2 
granted by the Philippine Consular Officer, if required under existing laws, rules, 
3 
regulations, or multi-lateral or bilateral agreements. 
4 
SEC. 43. Conditions and l'eriod of Authorized Stay of Temporary Visitors. 
S 
The initial period of authorized stay of a foreign national admitted as a temporary 
6 
visitor under Section 33 of this Act shall not exceed two (2) months from the date of 
7 
arrival. Extensions of authorized stay may be granted under terms and conditions as 
8 
may be prescribed by the Commissioner: Provided, That the total period of authorized 
<) 
stay shall not exceed twenty-four (24) months: Provided further, That during the foreign 
10 
national's authorized stay: (a) he/ she shall not take any employment, whether paid or 
II 
unpaid; (b) he/she shall not establish or join in any business; or (c) he/she shall not 
12 
enroll and become a student at a school, college, university, academy, or other 
\3 
educational institution, unless he/she is granted, upon proper application, a conversion 
14 
to another immigration status provided under this Act. 
15 
SEC. 44. Conditions for Issuance of Pre-arranged Visas. -
A foreigner who is 
16 
coming to the Philippines for prearranged employment shall not be issued a non-
17 
immigrant visa referred to in Section 33 (g) until the Consular Officer shall have 
18 
received authorization for the issuance of the same. Such authorization shall be given 
19 
only upon the filing of a petition with the Board establishing, among others, that no 
20 
person can be found in the Philippines willing and competent to perform the work or 
21 
service for which the foreigner is desired and that his/her admission would be 
22 
beneficial to the public interest. The petition shall be under oath by the prospective 
23 
employer or his/her representative in the form and manner prescribed by the Board. 
24 
If the Board finds that the petition complies with the requirements of the 
25 
preceding paragraph and of other regulations, it shall grant the petition and shall 
26 
promptly transmit the authorization to the Department of Foreign Affairs and/ or the 
27 
Consular Office concerned. 


SEC 45. Submission of Crew List and Passenger Manifest to the Commission. -
2 
Simultaneous to the vessel's departure from the port of origin, the master, captain, 
3 
agent, owner or consignee of any commercial vessel arriving to the Philippines shall 
4 
submit to the Commission, within a reasonable time prior to such arrival, the crew lists, 
5 
passenger manifests and such other information concerning the persons arriving on 
6 
such a vessel. In the same manner and condition, the master, captain, agent, owner or 
7 
consignee of any commercial vessel departing from any port in the Philippines shall 
8 
submit to the Commission, within a reasonable time prior to such departure, the crew 
9 
list, passenger manifest and such other information concerning the persons departing 
lOon such vessel. The crew list of an incoming sea craft shall be duly visaed by the 
II 
appropriate Consular Officer. 
12 
SEC 46. Inspection of Crewmembers. - It shall be the duty of the master, captain, 
13 
agent, owner or consignee of any vessel arriving in the Philippines to have available on 
14 
board, for inspection by the Immigration Officer, any foreign crewmember employed 
15 
on such vessel and to detain such crewmember on board after inspection and to remove 
16 
such crewmember when required by the immigration authorities. No crewmember on 
17 
board such vessel shall be discharged while the vessel is in port wi thou t the permission 
18 
ofthe Commissioner. 
19 
SEC 47. Permission for Temporary Landing of a Foreign Crewmember. -
A 
20 
foreign crewmember on a vessel arriving in the Philippines may be permitted to land 
21 
temporarily under such conditions as may be prescribed by the Commissioner. All 
22 
expenses incurred by the Commission while the crewmember is on land shall be borne 
23 
by the master, captain, agent, owner or consignee of the carrying vessel. 
24 
CHAPTER 5 
25 
REFUGEE STATUS 
26 
SEC 48. Grant of Refugee Status. - Persons seeking refugee status may apply 
27 
for recognition as a refugee upon seeking admission at any port of entry or within a 


reasonable time thereafter. Refugee status shall be granted after a determination by the 
2 
Board that an applicant meets the qualifications of a refugee as defined in Section 3(z) 
3 
hereof. Refugee status shall not be granted to an applicant if he/ she: 
4 
(a) has committed a crime against peace, a war crime, crime against humanity or 
5 
any other crime under international law; 
6 
(b) has committed a serious non-political crime outside the Philippines prior to 
7 
his admission as a refugee; or 
8 
(c) has been guilty of an act contrary to the purposes and principles of the 
9 
United Nations. 
10 
SEC. 49. Cessation of I{efugee Status. - Refugee status granted under the 
11 
previous section shall cease if a refugee: 
12 
(a) Voluntarily repatriates himself/herself or has re-established himself/herself 
13 
in another State; 
14 
(b) Acquired a new nationality and enjoys the protection of such a State; or 
15 
(c) Can no longer continue to refuse to avail the protection of the country of 
16 
his/her nationality or, not having a nationality, is able to return to the country of former 
17 
habitual residence in view of the cessation of the reasons that resulted to his/ her being 
18 
a refugee: 
PYO"l'ided, That this ground shall not apply if a refugee is able to invoke 
19 
compelling reasons arising out of the previous persecution. 
20 
SEC. 50. Effect of Grant of Refugee Status to Refugee Dependents. - 1\ spouse, 
21 
minor child, and other dependents of a foreigner who is granted a refugee status may, if 
22 
not otherwise eligible under Section 48, be granted the same status as the refugee to 
23 
assure family unity or when it is in the public interest. 
24 
SEC. 51. Confidentiality of Information. - In proceedings for the recognition of 
25 
refugee status, the confidenti~lity of information shall be respected and no information 
26 
relating to the refugee shall be shared with the country of origin, directly or indirectly. 


SEC 52. Burden oj Proof. - In proceedings for the recognition of refugee status, 
2 
the burden of proof lies with the applicant, subject to the principle of non-refoulement. 
3 
SEC 53. Stay oj Exclusion or Deportation. - Notwithstanding the provisions of 
4 
Sections 78 and 86, the exclusion from entry and deportation of a foreigner shall be 
5 
stayed during the pendency of an application for refugee status. Where grounds under 
6 
Section 78 are present, the refugee shall be allowed entry and the application shall be 
7 
immediately referred by the Immigration Officer to the Board. 
S 
SEC 54. Detention oj Refugee. - Detention of applicants for refugee status shall 
9 
only be resorted to in cases arising out of illegal entry or unauthorized stay after 
10 
consideration of other alternatives, as may be determined by the Commissioner. 
II 
CHAPTER 6 
12 
DOCUMENTATION AND ADMISSION OF IMMIGRANTS 
13 
SEC 55. Documentary Requirements oj Immigrants; Instances When Not 
14 
Required. -
Immigrants must present for admission into the Philippines valid 
15 
passports or travel documents issued by the government of the country to which they 
16 
owe allegiance, showing their nationality and identity and valid visas issued by the 
17 
Consular Officer indicating the date of issue and the period of validity thereof. 
18 
Immigrant visas shall not be required of the following: 
19 
(a) A child born subsequent to the issuance of a valid immigrant visa to the 
20 
accompanying parent; 
21 
(b) A child born during the temporary visit abroad of the mother who is a lawful 
22 
permanent resident of the Philippines and a holder of a valid reentry permit, if the child 
23 
is accompanied by either parent within five (5) years from the date of the child's birth; 
24 
and 
25 
(c) A foreigner who is returning to an unrelinquished lawful permanent 
26 
residence in the Philippines after a temporary residence abroad and presents for 
27 
admission a valid reentry permit. 


Chapter 7 ~ Visa Issuance 
2 
SEC. 56. Nature of Visa. 
~ Nothing in this Act shall be construed to 
3 
automatically entitle any foreign national to whom a visa or other travel document has 
4 
been issued to enter the Philippines if, upon arrival at a port of entry, he/ she is found to 
5 
be inadmissible under this Act or any other law. 
6 
SEC. 57. Requirement of Issuance of Visa. - Under the conditions and subject to 
7 
the limitations prescribed in this Act or regulations issued hereunder, the 
8 
Commissioner may approve the issuance of an immigrant visa upon the 
9 
recommendation of a Consular Officer in the following manner: 
10 
(a) 
An immigrant visa may only be issued to a foreign national who has made 
11 
a proper application therefor, which shall specify the foreign country, if any, to which 
12 
the quota the number is assigned, the immigrant's particular status in such country, the 
13 
preference to which the foreigner is classified, the date on which the validity of the visa 
14 
shall expire, and such additional information as may be required. 
15 
(b) 
The Department of Foreign Affairs, through its Consular Office abroad 
16 
and through the Office of the Visa Director, shall approve the issuance of a non-
17 
immigrant visa to a foreign national who has made a proper application therefor in 
18 
accordance with Section 33 of this Act. 
19 
All diplomatic visas under Section 33 (e) of this Act shall be exclusively issued by 
20 
the Department of Foreign Affairs in accordance with the Vienna Convention on 
21 
Diplomatic Relations. 
22 
All other non-immigrant visas under Section 33 shall be issued by the Consular 
23 
Officer, when the application is made abroad, or may be issued by the Office of the Visa 
24 
Director, when the application is made in the Philippines for conversion or renewal. 


The issuance of special non-immigrant visas falling under the jurisdiction of a 
2 
particular government office or agency can only be done in coordination with and upon 
3 
recommendation of the government agency or office concerned. 
4 
SEC. 58. 
Requirements jor Physical and/or Mental Examination Prior to 
5 
Issuance of Immigrant Visa. - Prior to the issuance of an immigrant visa to any foreign 
6 
national, the Consular Officer shall require such person to submit to a physical and 
7 
mental examination in accordance with such regulations as may be prescribed by the 
8 
Commissioner. In addition, said foreign national shall be required to personally plant 
9 
fifty (50) trees, except when he/ she is physically incapable of doing so, in which case, 
10 
he/she may cause another person to plant the trees. 
II 
SEC. 59. Validity oj Visa. -
A non-immigrant or immigrant visa issued by a 
12 
Consular Officer abroad pursuant to Section 57 of this Act shall be valid for a period not 
13 
exceeding six (6) months. In prescribing the period of validity of a non-immigrant visa, 
14 
the Consular Officer shall, insofar as practicable, accord to such nationals the same 
15 
treatment on a reciprocal basis as such foreign country accords to citizens of the 
16 
Philippines who are within a similar class. An immigrant visa may be replaced under 
17 
the original number during the calendar year in which the original visa was issued for a 
18 
foreigner who establishes to the satisfaction of the Consular Officer that he/ she was 
19 
unable to use the original immigrant visa during the period of its validity for reasons 
20 
beyond his/her control: Provided, That the foreign national is found by the Consular 
21 
Officer to be eligible for another immigrant visa and has paid all the fees. 
22 
SEC. 60. Denial of Visa, Grounds Thereof. - The Consular Officer may deny the 
23 
application for visa (a) if it appears from the statements in the application or in the 
24 
documents submitted the applicant is not entitled to a visa under this Act; or (b) if 
25 
hel she fails to comply with the requirements of the provisions of this Act. 
26 
SEC. 61. Revocation of Visa Issued by Consular Officer. -
The Commissioner 
27 
may, for valid cause and upon confirmation of the Secretary of Foreign Affairs, revoke 


the visa issued by any Philippine Consular Office. If the notice of revocation is not 
2 
received and the visa holder applies for admission into the Philippines, his/her 
J 
admission or entry shall be determined by the Immigration Officer upon his/her arrival 
4 
at the port of entry. 
5 
CHAPTER 8 
6 
RE-ENTRY AND EMIGRATION CLEARANCE 
7 
SEC. 62. Re-entry. -
Every time a registered foreign national, except a 
8 
temporary visitor, departs or is about to depart temporarily from the Philippines with 
9 
the intention to return, he/ she must pay a re-entry fee, emigration clearance fee and 
10 
head fee: Provided, That said foreign national returns to the Philippines within a period 
II 
of one (1) year from his/her departure in order to maintain his/her visa category. 
12 
Otherwise, he/she shall apply for an extension of the period within which to return 
13 
prior to its expiration and pay the prescribed fees and charges therefor: Provided, jurlher, 
14 
That if his/her authorized stay is less than one (1) year, he/she shall pay a special 
15 
return fee, emigration clearance fee and head fee for every departure: PrOlJided, finfllly, 
16 
That in both cases, if the registered foreign national departs permanently from the 
17 
Philippines, he/she shall surrender all his/her Philippine immigration documents to 
18 
the Commission and apply for and be issued an Emigration Clearance Certificate upon 
19 
payment of the prescribed fees and charges therefor, subject to the following conditions: 
20 
(a) He/she has no pending obligation with the government or any of its agencies 
21 
or instrumentalities; 
22 
(b) He/she has no pending criminal, civil, or administrative proceeding which 
23 
requires his continued presence in the country; and 
24 
(c) There is no ongoing legislative inquiry where he/ she is called upon to testify 
25 
as a witness. 
26 
SEC. 63. Emigration Clearance. -
Any temporary visitor departing from the 
27 
Philippines shall, after the expiration of his/her initial authorized stay, apply for 


emigration clearance with the Commission and pay the prescribed fees and charges 
2 
therefor. 
3 
4 
CHAPTER 9 
5 
PRESIDENTIAL PREROGATIVES 
6 
SEC. 64. Presidential Prerogatives. -
Any provision of this Act to the contrary 
7 
notwithstanding, the President may: 
8 
(a) Deny the entry and admission into the Philippines of any foreign national or 
9 
a class of foreign nationals whenever the President finds that the entry would be 
10 
detrimental to the interest of the Philippines or impose such restrictions as he/ she may 
11 
deem appropriate; 
12 
(b) Waive passport and/or documentary requirements for non-immigrants and 
13 
immigrants under such terms and conditions as he/she may prescribe; 
14 
(c) Change the status of non-immigrants by allowing them to acquire permanent 
15 
residence status without necessity of a visa; 
16 
(d) Deport any foreign national, subject to the requirement of due process; 
17 
(e) Admit non-immigrants not otherwise provided for in this Act for 
18 
humanitarian considerations and when not detrimental to public interest, under such 
19 
terms and conditions as he/ she may prescribe; 
20 
(f) Prohibit the departure from the Philippines of any person who is likely to 
21 
disclose national security information, or who is likely to organize a rebellion abroad 
22 
against the Philippines, or whose presence in the country is necessary to face, or be a 
23 
witness in, criminal proceedings; and 
24 
(g) Exercise, with respect to foreign nationals in the Philippines, such powers as 
25 
are recognized by the generally accepted principles of international law. 
26 
27 
TITLE IV 


PROVISIONS RELATING TO ENTRY 
2 
CHAPTER 1 
3 
CLASSIFICATION OF PORTS OF ENTRY 
4 
SEC 65.Authority to Classify Ports. - The Commissioner shall classify and 
5 
designate, from among the ports of entry established by law for immigration purposes, 
6 
limited or unlimited ports of entry through which foreigners may be admitted into the 
7 
Philippines. Only such classes of foreigners as provided under the rules and regulations 
8 
prescribed by the Commissioner may be admitted at limited ports of entTY. The 
9 
Commissioner may, after due notice to the public, close designated ports of enh'y in the 
10 
interest of national security or public safety. 
II 
CHAPTER 2 
12 
PROCEDURES ON ARRIVAL 
13 
SEC 66. Inspection by Immigration Officer. - A foreigner seeking admission or 
14 
readmission shall present his/her valid passport and visa, if required, to the 
IS 
immigration officer at the port of entry and shall be subject to primary inspection. The 
16 
decision of the examining Immigration Officer, if favorable to the admission of any 
17 
foreigner, may be challenged by another Immigration Officer. The final determination 
18 
of admiSSibility of such foreigner shall be determined by the Commissioner in case no 
19 
resolution is reached between the Immigration Officers on the challenged admission. In 
20 
case of admission, the Immigration Officer shall indicate in the passport the date, the 
21 
port of entry and the identity of the vessel boarded. 
22 
SEC 67. Detention or Quarantine for Examination. -
For the purpose of 
23 
determining whether a foreigner arriving at any port in the Philippines belongs to any 
24 
of the classes excludable under this Act by reason of being afflicted with any of the 
25 
contagious or communicable disease or mental disorder set forth under Section 7S(a) of 
26 
this Act or whenever the Commissioner has received information showing that 
27 
foreigners are coming from a country or a place where any of such diseases are 


prevalent or widespread, the foreigner shall be detained or quarantined for a reasonable 
2 
period of time to enable the immigration and medical officers to subject such person to 
3 
observation and examination. 
4 
SEC. 68. Medical Examination Requirement. - Any arriving foreign national 
5 
whom the exammmg Immigration Officer believes to belong under the class of 
6 
excludable foreign nationals specified in Section 7S(a) herein shall be referred to 
'7 
designated medical officers for physical and mental examination. Such medical officer 
8 
shall certify his/her findings for the information of the Immigration Officer. 
9 
SEC. 69. Arrival Notice Requirements of Vessel. - The immigration authorities 
10 
shall be given prior notice of the arrival of any civilian vessel before such vessel comes 
11 
into any area in the Philippines from any place outside thereof. Such prior notice shall 
12 
not be required in the case of vessels with scheduled arrivals filed with the Immigration 
13 
Officer in charge at the international port of entry. 
14 
If, upon arrival in any area other than the designated port and there is no 
15 
available Immigration Officer therein, the master, pilot, captain, agent or consignee 
16 
shall not allow the passengers and crew members to disembark or leave the primary 
17 
inspection area until the immigration officer shall h<jve conducted the primary 
18 
inspection formalities. 
19 
SEC. 70. Contents of Notice of Arrival. - The advance notice of arrival required 
20 
in the preceding section shall specify the following: 
21 
(a) Type of vessel and registration marks; 
22 
(b) Visaed crewlist; 
23 
(c) Passenger manifest; 
24 
(eI) Port of last departure; 
25 
(e) International port of intended destination, or other place authorized by the 
26 
Commissioner; 
27 
(f) Estimated time of arrival; and 


(g) Authorized agent or representative at the place of arrival. 
2 
CHAPTER 3 
3 
FOREIGN CREWMEMBER 
4 
SEC. 71. Conditional Permit to Disembark. -
A foreign crew member of a vessel 
5 
under Section 33(c) of this Act may be granted a conditional permit, in a form 
6 
prescribed by regulations, to disembark temporarily from the vessel on which he/she 
7 
arrived while such vessel remains in port under such terms and conditions as may be 
8 
prescribed by the Commissioner. 
9 
SEC. 
72. Confiscation and Cancellation of Permit; Deportation from the 
10 
Philippines. - Upon the determination that the foreigner is not a bona fide crewmember 
11 
or does not intend to depart on the vessel that brought him, the Commissioner shall 
12 
cancel and confiscate the conditional permit already issued, take such foreigner into 
13 
custody, and require the owner, operator, captain, master, pilot, agent or consignee of 
14 
the vessel on which the foreigner arrived to receive and detain him/her on board. The 
15 
expenses for his/her removal, including the cost of detention and other expenses 
16 
incidental thereto, shall be borne by the owner, operator, captain, master, pilot, agent or 
17 
consignee of such vessel. 
18 
SEC. 73. Liability for overstaying Foreign Crewmen. -
A foreign crewmember 
19 
who remains in the Philippines in excess of the period allowed in the conditional permit 
20 
issued to him shall be solidarily liable with the owner, operator, captain, master, pilot, 
21 
agent or consignee of the vessel to pay the penalties prescribed in Section 126 of this 
22 
Act. 
23 
SEC. 74. Liability for Unauthorized Discharge of Foreign Crewmember. -
It 
24 
shall be unlawful for any person, including the owner, operator, captain, master, pilot, 
25 
agent or consignee of any vessel to discharge any foreign crewmember employed a 
26 
vessel arriving in the Philippines and whilst in port, without first obtaining the prior 
27 
permission of the Commissioner. Otherwise, such person or owner, operator, captain, 


master, pilot, agent or consignee of the vessel shall pay the Commission such fines as 
2 
may be prescribed under this Act. No such vessel shall be granted clearance from any 
3 
port in the Philippines while such fines remain unpaid or while the validity thereof is 
4 
being determined: Provided, That a clearance may be granted prior to such 
5 
determination upon deposit of a sum or cash bond sufficient to cover such fines as 
6 
approved by the Commissioner. 
7 
SEC 75. Duty to ]{eport Desertion or Illegal Landing of Foreign Crewmember. 
8 
The owner, operator, captain, master, pilot, agent or consignee of any vessel shall 
9 
immediately report, in writing, to the immigration officer all cases of desertion or illegal 
10 
disembarkation in the Philippines from the vessel, together with a description of such 
11 
foreigners and any information that shall result in their apprehension. 
12 
SEC 76. Requirement for Submission oj List of Newly Employed, Discharged 
13 
and Illegally Landed Foreign Crewmember. - Prior to the departure of any vessel from 
14 
the last port in the Philippines destined to any place outside thereof, the owner, 
15 
operator, captain, master, pilot, agent or consignee thereof shall deliver to the 
16 
Immigration Officer at that port a list containing: (a) the names of crewmembers who 
17 
were not employed thereon at the time of the vessel's arrival on such port but will 
18 
depart thereat on the same vessel; (b) the names of those, if any, who have been 
19 
discharged; (c) the names of those who have deserted or illegally landed at that port, if 
20 
any; and (d) such other additional information as the Commissioner deems necessary. 
21 
SEC 77. Liability jor Failure to Submit Complete, True and Correct Report. - In 
22 
case the owner, operator, captain, master, pilot, agent, or consignee, fails to submit a 
23 
true and complete list or report of foreigners, or to report cases of desertion or illegal 
24 
landing, he/ she shall pay to the Commission such sum as may be prescribed under this 
25 
Act. 
No such vessel shall be granted cleatance from any port in the Philippines while 
26 
such fines remain unpaid or while the validity thereof is being determined: l'moided, 


that clearance may be granted prior to such determination upon deposit of a sum or 
2 
cash bond sufficient to cover such fines as approved by the Commissioner. 
3 
CHAPTER 4 
4 
EXCLUSIONS 
5 
SEC. 78. Exclusion Grounds. - The following classes of foreign nationals shall not 
6 
be allowed entry and shall be excluded from the Philippines: 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
(a) 
(b) 
(c) 
Health Related Grounds 
]. Those who are found to be suffering from a communicable, dangerous or 
contagious disease; 
2. Those who are found to be suffering from mental disorder or associated 
behavior that may pose threat to persons or danger to property; 
3. Those who are found to be suffering from addiction to prohibited or 
regulated substance; 
Economic Grounds 
1. Those likely to become a public charge; 
2. Those seeking entry for the purpose of performing skilled or unskilled 
labor, without a permit from the Secretary of the Department of Labor and 
Employment as required by law; 
Moral Grounds 
1. Those coming to the Philippines to practice polygamy or who advocate 
the practice of polygamy unless his/her religion allows such practices; 
2. Those who are pedophiles, sexual perverts or those coming to the 
Philippines for immoral purposes; 
3. Those who an; engaged or who seek to engage in prostitution or to 
procure or attempt to procure prostitutes, or who receives in whole or in 
parl the proceeds of prostitution; 


2 
3 
4 
5 
6 
7 
8 
10 
11 
12 
1J 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
(d) 
4. Those who, at the time of primary inspection, by the Immigration Officer 
exhibit any obnoxious behavior, contempt or disrespect for the said officer 
or any government official or Commission; 
Criminal and Sec uri ty Grounds 
1. Those who have been convicted of a crime involving moral turpitude or 
who admit to the Immigration Officer having committed such crime, or 
who attempt and conspire to commit the crime; 
2. Those who have been convicted, or who admit having committed, or are 
committing acts which constitute the elements of a violation or conspiracy 
to violate any law or regulation of the Philippines or a foreign country 
relating to a controlled, regulated or prohibited substance, or who attempt 
or conspire to commit the crime; 
3. Those that the Philippine Government knows or has reason to believe is a 
trafficker of any controlled, regulated or prohibited sLibstance or knows or 
has reason to believe is or has been an accomplice, accessory, abettor, or 
co-conspirator in the illicit trafficking of any controlled, regulated or 
prohibited substance; 
4. Those who are fugitives from justice; 
5. Those who seek to enter the Philippines to engage in: 
a. Espionage or sabotage, or a violation or evasion of any laws 
prohibiting export of goods, technology or sensitive information; 
b. Any activity aimed to promote membership in an organization of 
syndicated criminal activities; 
c. Any activity, the purpose of which is to overthrow the Philippine 
government by force, violence or other unlawful means; and 
d. Any other unlawful activity. 


· ' 
7. 
Those whQ are engaged or believed to be engaged or likely to engage in, aid, 
2 
abet or finance any terrorist activity and members or representatives of a 
3 
foreign terrorist organization; 
4 
5 
6 
7 
8. 
Those who have been identified by competent authorities, local or 
foreign, as having engaged or are engaging in human trafficking and 
smuggling; 
9. 
Those who are under fifteen (15) years of age and unaccompanied by or not 
8 
coming to a parent, except that they may be admitted in the discretion of the 
9 
Commissioner, if otherwise admissible; and 
10 
10. Those who have been identified by competent authorities, local and foreign, 
11 
as having engaged or are engaging in importation of contrabands and other 
12 
prohibited articles into the country. 
13 
SEC, 7S-A. Minor Persons/ Minority. - Persons under fifteen (15) years of age, 
14 
and not accompanied by or not coming to a parent, may be admitted: Provided, That the 
15 
written consent of either parent allowing them to travel is presented. The written 
16 
consent must cite the purpose of the travel and must be affirmed by the Philippine 
17 
Consular post in the minor's country of origin. 
18 
SEC. 79. Temporary Detention of Excludable Foreigners. -
For the purpose of 
19 
ascertaining whether a foreigner arriving in the Philippines belongs to any of the 
20 
excludable classes of foreigners provided for in this Act or related laws, the 
21 
Immigration Officer, for a period not exceeding seventy-two (72) hours, may 
22 
temporarily detain for investigation such foreigner either on board the vessel or at a 
23 
place deSignated for the purpose at the expense of the master, captain, agent, owner or 
24 
consignee of the carrying vessel. 
25 
SEC. SO. Finality o[ Exclusion Order. -
An order by the Immigration Officer to 
26 
exclude a foreign national who is excludable under Section 78 hereof is final and 


executory unless revoked by the Commissioner upon a timely appeal prior to the 
2 
implementation of the exclusion order. 
3 
SEC. 81. Authority to Waive Grounds for Exclusion. -
Except for grounds of 
4 
exclusion under Section 78(d), subparagraphs 1 to 8 and subparagraph 9, the 
5 
Commissioner may waive any of the grounds for exclusion mentioned therein. 
6 
SEC. 82. Procedure of Removal and Cost Thereof - Any foreign national arriving 
7 
in the Philippines who is ordered excluded shall be immediately removed in the same 
8 
accommodation to the country where he/she boarded the vessel on which he/she 
9 
arrived, unless the Commissioner determines that immediate removal is not propel' and 
10 
practicable. The cost of detention and other expenses incidental thereto shall be borne 
11 
by the owner, operator, master, pilot, captain, agent or consignee of the vessel on which 
12 
he/ she arrived. 
13 
SEC. 83. Country Where !{emoval is to be Directed. - If the government of the 
14 
country designated in the preceding section will not accept the foreign national into its 
15 
territory, his/her removal shall be directed by the Commissioner in his/her discretion 
16 
and without necessarily giving preference, either to: 
17 
(a) The country which he/ she is a citizen or national; 
18 
(b) The country of birth; 
19 
(c) The country of his/her habitual residence; or 
20 
(d) The country willing to accept the foreign national into its territory, if removal 
21 
to any of the foregoing countries is impractical or impossible. 
22 . 
SEC. 84. Obligation of Owner, Operator, Master, Captain, Pilot; Agent or 
23 
Consignee. -
It shall be unlawful for an owner, operator, master, captain, pilot, agent, 
24 
or consignee of a vessel to refuse or fail to: 
25 
(a) Board a foreigner ordered excluded and removed under Section 78 hereof in 
26 
the same vessel or another vessel owned or operated by the same company; 


, , 
(b) Detain a foreign national on board any such vessel at the port of arrival when 
2 
required by this Act or when so ordered by an Immigration Officer; 
3 
(c) Deliver a foreign national for medical or other examinations when so 
4 
ordered by such officer; 
5 
(d) Remove a foreign national from the Philippines to the country to which 
6 
his/her removal has been directed; or 
7 
(e) Pay the cost of detention and other expenses incidental thereto of a foreign 
8 
national incurred while being detained as required by Section 82 of this Act or other 
9 
costs necessary or incidental to his removal as provided in this Act. 
10 
SEC. 85. Penalty for Non-compliance of Obligation. -
The owner, operator, 
II 
master, captain, pilot, agent, or consignee of a vessel who violated Section 84 hereof 
12 
shall pay the fines prescribed under this Act. 
No such vessel shall be granted 
13 
clearance from any port in the Philippines while such fines remain unpaid or while the 
14 
validity thereof is being determined: Provided, That clearance may be granted prior to 
15 
such determination upon deposit of a sum or cash bond sufficient to cover such fines 
16 
as approved by the Commissioner. 
17 
TITLE V 
18 
DEPORTATION 
19 
CHAPTER 1 
20 
DEPORTABLE FOREIGN NATIONALS 
21 
SEC. 86, Classes of Deportable Foreigners, - The following foreigners shall be 
22 
arrested upon the order of the Commissioner and deported upon recommendation by 
23 
the Board of Special Inquiry and approval by the Board: 
24 
(a) Those who entered the Philippines by means of false and misleading 
25 
statements or documents, misrepre'sentations or without inspection and admission by 
26 
the immigration authorities; 
27 
(b) Those who entered the Philippines who were not lawfully admissible at the 


time of entry; 
2 
(c) Those who engage, abet or aid in the practice of prostitution including the 
3 
owner, manager or inmates of a house of prostitution or are procurers, pedophiles or 
4 
sexual perverts; 
5 
(d) Those who, at any time after the date of entry, have become a public charge; 
6 
(e) Those who remain in the Philippines in violation of any period of limitation or 
7 
condition under which they were admitted; 
8 
(f) Those who believe in, advise, advocate or teach the overthrowing by force and 
9 
violence of the Covernment of the Republic of the Philippines, or duly constituted 
10 
authority, or those who do not believe in or are opposed to organized governments, or 
11 
those who advise, advocate or teach the assault or assassination of public officials by 
12 
reason of their office, or those who advise, advocate or teach the unlawful destruction 
13 
of property, or those who are members of or affiliated with any organization 
14 
entertaining, advocating or teaching such doctrines, or those who in any manner 
15 
whatsoever extend assistance, financial or otherwise, in the dissemination of such 
16 
doctrines; 
17 
(g) Those who, at any time after entry, engage in, abet, aid or finance any terrorist 
18 
activity; 
19 
(h) Those who commit any violation of the proviSions of this Act, independent of 
20 
any criminal action which may be brought against them: Provided, however, That in the 
21 
case of a foreigner who, for any reason, is convicted and sentenced to suffer both 
22 
imprisonment and deportation, said foreigner shall first serve the entire period of 
23 
his/her sentence before being deported: Pro1>ided, further, That the penalty of 
24 
imprisonment may be waived by the President upon payment by the foreigner 
25 
concerned of such costs, fines and/ or damages, if any, awarded to the government or 
26 
any aggrieved party,; 
27 
(i) Those who, at any time after entry, are engaged in acts or omissions punishable 


, . 
under Philippine penal laws cognizable by the Regional Trial Courts and the 
2 
Sandiganbayan; 
3 
U) Those who, at any time after entry, are convicted by final judgment of a crime 
4 
punishable under Philippine penal laws cognizable by the first level courts; 
5 
(k) Those who are guilty of any offense penalized under the naturalization laws of 
6 
the Philippines or any law relating to the acquisition of Philippine citizenship; 
7 
(1) Those who defraud their creditors by absconding or alienating properties to 
8 
prevent their attachment or execution; 
9 
(m) 
Those who were admitted as non-immigrants and who obtained an 
10 
adjustment of their admission status for convenience, or through fraud, falsification of 
11 
documents, misrepresentations or concealment of material facts; 
12 
(n) Those who violated Philippine labor and taxation laws, rules and regulations; 
13 
(0) Those who, upon prior investigation and hearing, are found to be undesirable 
14 
and whose further stay in the Philippines is inimical to public welfare and interest, or 
IS 
the dignity of the Filipinos, or the Republic of the Philippines as a sovereign nation; 
16 
(p) Those who forge, counterfeit, alter or falsely make any document; or use, 
17 
attempt to use, possess, obtain, accept or receive or provide any forged, counterfeit, 
18 
altered or falsely made document; or use, attempt to use, provide, attempt to provide, 
19 
accept or receive a genuine document, even of another person, without authority to do 
20 
so for the purpose of satisfying or complying with the requirements for his/her stay in 
21 
the Philippines; and 
22 
(q) Those whose presence or activities in the country may result in adverse 
23 
consequences to Philippine foreign policies as determined by the Secretary of Foreign 
24 
Affairs. 
25 
SEC. 87. Non-Prescription of Deportation Cases. - The right of the State to 
26 
initiate at any time deportation proceedings shall not prescribe: Provided, That no 
27 
deportation proceedings and orders shall be had against foreigners facing preliminary 


investigation, prosecution and trial before competent authorities. 
2 
CHAPTER 2 
3 
DETENTION AND DEPORTATION OF FOREIGN NATIONALS 
4 
SEC. 88. Issuance of Summons. - If the Commissioner determines that there exists 
5 
a reasonable ground to deport a foreigner pursuant to Section 86 of this 1\ct, he/ she 
6 
may issue summons requiring the foreigner to appear in person before the designated 
7 
investigating officer at the time, date and place stated therein. 
8 
SEC. 89. Authority to Issue LeNer Order. - The Commissioner may issue a letter 
9 
order if he/ she determines that a probable cause exists for the filing of deportation 
10 
charges against a foreigner for violation of immigration and other related laws, rules 
II 
and regulations or there is a strong probability that a deportable foreigner may flee 
12 
from his/her place of abode, go into hiding or surreptitiously leave the country. 
13 
SEC. 90. Formal Charge of Deportation. - A formal charge for deportation shall be 
14 
issued upon determination of the existence of a primn facie case against the foreigner. 
15 
Pending final determination of his/ her deportation case, the foreigner shall, upon the 
16 
discretion of the Commissioner: (a) remain under detention; or (b) be released on bailor 
17 
recognizance. The bail may be revoked and confiscated in favor of the government jf 
18 
there is sufficient evidence that the foreigner is evading the proceedings or is 
19 
attempting to abscond, in which case he/she shall be taken into custody and placed 
20 
under detention by order of the Commissioner. 
21 
SEC. 91. Detention of a Foreigner Convicted of a Felony or an Offense. - After 
22 
service of his/her sentence or compliance with the conditions of his/her parole or 
23 
probation, as the case may be, the foreigner shall be taken into custody and placed 
24 
under detention by order of the Commissioner. Pending final determination of the 
25 
deportation case, the foreigner may be ordered released under such terms and 
26 
conditions prescribed by the Commissioner. 
27 
SEC. 92. 
Voluntary Deportation, When Authorized. - In case the foreigner does 


not contest the formal charge against him/her and opts to voluntarily leave the country 
2 
at his/her own expense, the Commissioner may waive the deportation proceedings and 
3 
order the departure within the period specified in the voluntary deportation order, 
4 
except in cases of violations of laws such as Republic Act No. 8042 otherwise known as 
5 
the "Migrant Workers and Overseas Filipinos Act of 1995": Provided, That he/ she has 
6 
not committed any criminal offense or has no pending case in court: Provided, filYlher, 
7 
That the said foreigner so deported shall be barred from re-entering the country 
8 
without prior written authorization from the Commissioner. 
9 
SEC. 93. Contents of an Order or Warrant of Deportation. - The order or warrant 
10 
of deportation shall be in the form prescribed by the Commissioner and shall state the 
II 
grounds therefor, the specific place where the foreigner is to be deported and the period 
12 
within which to execute such order. 
13 
SEC. 94. Period to Enforce Order of Deportation. - The order of deportation shall 
14 
be enforced immediately but in no case shall exceed three (3) months from the date it 
15 
has become final and executory. 
If deportation is not enforced within the prescribed 
16 
period for reasons beyond the control of the Commissioner, the foreigner shall remain 
17 
in custody. 
18 
SEC. 95. 
Suspension of Deportation Order. - Upon application and payment of 
19 
the prescribed fees by the concerned foreigner, the Commissioner may suspend the 
20 
implementation of the deportation order and order his/her release for good cause, 
21 
taking into account the following factors: 
22 
(a) Age, health, family or conduct; 
23 
(b) Period of detention; 
24 
(c) Impact on national security and public welfare; 
25 
(d) Unavailability of travel documents; 
26 
(e) Existence of an application for refugee status; or 
27 
(f) Other humanitarian considerations. 


SEC. 96. Reinstatement oj a Deportation Order. - A deportation order previously 
2 
implemented against a foreigner who unlawfully re-entered the Philippines shall be 
3 
deemed automatically reinstated and shall be implemented in accordance with this Act. 
4 
This provision shall also apply to a foreigner who departed voluntarily under Section 92 
5 
hereof. 
6 
SEC. 97. 
Country oj Destination of a Deportee. - Except as provided for under 
7 
existing treaty or international agreement, a foreigner shall be deported to the country 
8 
of which he/ she is a citizen or national, or to the country of his/her birth, or to the 
9 
country of which he/ she is a resident, or to the country from which he/ she embarked 
10 
for the Philippines, subject to the acceptance by the receiving country. 
11 
SEC. 98. Exis tence oj Danger in the Country Where a Foreigner is to be Deported. -
12 
No foreigner shall be deported to a country where there exists a danger to his/her life 
13 
or freedom on account of race, religion, nationality, political opinion or membership in 
14 
a particular political or social group, except in the following circumstances: 
15 
(a) 
The foreigner participated, induced or cooperated in the persecution of 
16 
any person on account of race, religion, nationality, political opinion or membership in 
17 
a particular political or social group in the country where he/ she is to be deported; 
18 
(b) The foreigner is a fugitive from justice in the country where he/ she is to be 
19 
deported; 
20 
(c) The foreigner committed a serious non-political crime in the country where 
21 
he/ she is to be deported; or 
22 
(d) The foreigner is undesirable in and/ or a danger to the national security of the 
23 
Philippines. 
24 
SEC. 99.Cost oj Deportation. - The cost of deportation shall be borne by the owner, 
25 
operator, captain, master, pilot, agent or consignee of a vessel in case its foreign crew 
26 
member is to be deported for violation of Section 100 of this Act. In all other cases, the 
27 
cost of deportation shall be borne by the deportee himself/herself, the concerned 


consular office, nongovernment organizations or people's organizations with which the 
2 
CommisSion has an agreement on this matter, or from the appropriations for the 
3 
enforcement of this Act. 
4 
SEC. 100. 
Liability of Owner, Operator, Captain, Master, Pilot, Agent or 
5 
Consignee of a Vessel. - Failure or refusal on the part of the owner, operator, captain, 
6 
masler, pilot, agent or consignee of a vessel to lake on board, guard safely and transport 
7 
the deportee to his/her country of destination, or to shoulder the cost of deportation of 
8 
the foreign crew member as provided in Section 99 hereof, shall be punished by an 
9 
administrative penalty prescribed under this Act. 
10 
SEC. 101. 
Expenses of Accompanying Person. - The Commissioner may, by 
I I 
reason of the mental or physical condition of the deportee, direct an employee of the 
12 
Commission to accompany such deportee to the country of his/her destination, subject 
13 
to the provisions of the immediately preceding sections. 
14 
CHAPTER 3 
15 
INDIGENT FOREIGNERS 
16 
SEC. 102. 
Deportation of Indigent Foreigners. - At any time after entry, the 
17 
Commissioner may deport indigent foreigners from the Philippines to the counhy of 
18 
which they are citizens or nationals, or country of birth, or country of residence, as the 
19 
case may be. The cost of deportation may be charged against the available funds of the 
20 
Commission. Any foreigner deported under this section shall be barred re-admission 
21 
except upon written authorization of the Commissioner. 
22 
This provision shall not apply to a foreigner declared as an indigent by any 
23 
Philippine court for purposes of filing a case or to pursue a cause of action which 
24 
resulted in his/her indigency until such action is resolved with finality: Provided, That 
25 
no other grounds for deportation exist during the pendency of the same. 
26 
TITLE VI 
27 
MISCELLANEOUS PROVISIONS 


CHAPTER 1 
2 
REGISTRATION OF FOREIGN NATIONALS 
3 
SEC. 103. I{equirement of Registration. -
A temporary foreign visitor must 
4 
register with the Commission or any Immigration Office nearest his/her place of 
5 
residence on or before the sixtieth (60th) day of his/her arrival in the Philippines. 
6 
SEC. 104. Registration Form and Oath. -
Applications for registration shall be 
7 
under oath and in such form as prescribed by the Commission. Upon regish'ation, a 
8 
certificate of registration shall be issued by the Commission to the registrant. In case of 
9 
loss or destruction of the certificate, a replacement thereof may be issued by the 
10 
Commission upon proper application and payment of prescribed fees. 
11 
SEC. 
lOS. Amendment of Registration. -
A registered foreign national shall 
12 
notify the Commission in writing of any change of information in his/her registration 
13 
documents not later than seven (7) days thereof. 
14 
SEC. 
l06. l'resentation of Certificate of Registration. 
Every foreigner 
15 
required to register under this Act or the parent or guardian of such foreigner shall, 
16 
upon demand of any authorized immigration official, present his/her certificate of 
17 
registration, and failure to do so without justifiable cause shall be dealt with in 
18 
accordance with the provisions of this Act. 
19 
SEC. l07. Reportorial Requirements. - Every foreigner registered under this Act 
20 
shall, within the first Sixty (60) days of every calendar year, report in person to the 
21 
Commission subject to the payment of prescribed fees. The parent or legal guardian of 
22 
foreigners below fourteen (14) years of age shall have the duty to comply with the 
23 
requirements prescribed under this Act. 
24 
SEC. lOS. Failure to Comply with Requirements. -
A foreigner, or his/her parent 
25 
or guardian, as the case may be, who, without justifiable reason, fails to comply with all 
26 
the requirements under this Act, or who files an application for registration containing 
27 
statements known by hirn/her to be false, or who utilizes registration documents other 


than his/her own, shall be dealt with in accordance with the provisions of this Act and 
2 
other existing laws. 
3 
SEC. l09. Cancellation of Registration of Foreign National. -
In case of death of a 
4 
foreigner registered under the provisions of this Act, his/her legal heir, representative 
5 
or administrator must inform the Commission within sixty (60) days from death and 
6 
the Commission shall cancel such registration. The Local Civil Registrar or other civil 
7 
registry officer of the locality where said foreigner died shall furnish the Commission 
8 
with a copy of the Certificate of Death within thirty (30) days from issuance thereof. 
9 
Failure on the part of the persons concerned to comply with the requirements of this 
10 
section shall be dealt with pursuant to the provisions of this Act. 
1 1 
12 
CHAPTER 2 
13 
BONDS AND DEPOSITS 
14 
SEC. 110. Bonds, When Required. -
The Commission shall have the authority to 
15 
require cash bonds in such amounts and under such conditions as it may prescribe: 
16 
(a) To control and regulate the admission into, and departure from, the 
17 
Philippines of foreigners applying for temporary admission; 
18 
(b) To insure against foreign passengers liable to be excluded as likely to become 
19 
pu blic charges; and 
20 
(c) To insure the appearance of foreigners released from custody during the 
21 
course of deportation proceedings instituted against them. 
22 
SEC. 111. I{equirement of Cash Deposits for Overtime Services. -
The 
23 
Commission shall likewise have the authority to require cash deposits in such amounts 
24 
as may be necessary from vessel's owner, operator, captain, master, pilot, agent, or 
25 
consignee or other persons served to cover payments for overtime services to be 
26 
performed by officers and employees of the Commission. 


SEC 112. 
Cancellation and Forfeiture of Bonds. - When the conditions of the 
2 
bond are fulfilled, or in case of a bond posted to insure against a foreigner becoming a 
3 
public charge, when the Commissioner decides that the likelihood no longer exists, or 
4 
death of the foreigner in whose behalf the bond is posted, the bond shall be cancelled 
5 
and released to the depositor or his/her legal representative. In case of violation of the 
G 
conditions of the bond, the same shall be forfeited and deposited in a trust fund account 
7 
which may be utilized for the purchase of passage tickets of indigent deportees and to 
8 
cover the costs of operations in the arrest of a deportee who jumps bail. 
9 
CHAPTER 3 
10 
RECOGNIZANCE 
11 
SEC 113. 
Petitions for Recognizance, Sanction for Breach of Conditions. 
12 
The Commissioner may order the release of a foreigner upon recognizance of his/her 
13 
lawyer or a person who is of good standing in the community, under such terms and 
14 
conditions as he/ she may prescribe. failure to comply with the terms and conditions 
15 
of the recognizance shall subject said lawyer or person to a fine of not less than Fifty 
16 
thousand pesos (PSO,OOO.OO) but not more than One hundred thousand pesos 
17 
(1'100,000.00), without prejudice to other administrative sanctions and/ or proceedings 
18 
against the erring party. 
19 
CHAPTER 4 
20 
COOPERATION AND COORDINATION WITH OTHER OFFICES 
21 
SEC 114. Working Cooperation with the Department of Foreign Affairs. - For 
22 
purposes of efficient implementation and administration of this Act, the Commission 
23 
shall maintain a working cooperation with the Department of Foreign Affairs. 
24 
SEC 115. Working Cooperation with the Commission on Higher Educatiol1. -
25 
The Commission shall maintain a working cooperation with the Commission on Higher 
26 
Education with respect to accreditation of schools and learning centers for enrolment of 
27 
foreign students as authorized under this Act. 


SEC. 116. Coordination with Law Enforcement, Security and Other Offices. -
2 
'fhe Commissioner shall have authority to maintain coordination with the National 
3 
Security Council, the Philippine National Police, and other law enforcement agencies of 
4 
the government. 
5 
CHAPTERS 
6 
FEES AND CHARGES 
7 
SEC. 117. Authority of the Commissioner to Prescribe, Impose and Collect Fees 
8 
and Charges. -
The Commissioner is authorized to prescribe, impose and collect fees 
9 
and charges [or services rendered pursuant to the provisions of this Act, which shall 
10 
take effect fifteen (15) days after the last publication thereof for two (2) consecutive 
11 
weeks in a newspaper of general circulation. 
12 
SEC. 118. Head Fee. -
Every foreign national who is at least fourteen (14) years 
13 
of age and admitted to the Philippines for a temporary stay exceeding sixty (60) days 
14 
shall pay a head fee in an amount to be fixed by the Board. 
15 
16 
17 
18 
SEC. 119. 
CHAPTER 6 
ADMINISTRATIVE FINES AGAINST VESSELS 
Fine for Failure to Submit Crew List or Passenger Manifest, or 
19 
Failure to Account Every Passenger and Crew. -
Any pilot, master, agent, owner or 
20 
consignee of a vessel arriving at any port in the Philippines from a place outside thereof 
21 
who fails to submit to the immigration authorities a complete and accurate crew list or 
22 
passenger manifest, or fails to produce or account every crewmember or passenger 
23 
whose name appears in said list or manifest shall be subject to fines of One hundred 
24 
thousand pesos (PIOO,OOO.OO) and Fifty thousand pesos (P50,OOO.OO) for 
each 
25 
unaccounted person, respectively. 
26 
SEC. 120. Fine for Violation of Obligation on the Landing or Removal of 
27 
Foreigners. -
1\ pilot, master, agent, owner or consignee of any vessel arriving at a 


port of the Philippines [rom a place outside thereof in violation of this Act shall be 
2 
fined not less than Fifty thousand pesos (1050,000.00) but not more than Two hundred 
3 
thousand pesos (10200,000.00) for each violation. 
4 
SEC. 121. Fine for Bringing Undocumented Foreigner, or Foreigner Afflicted with 
5 
Communicable or Contagious Disease, or Suffering from Mental Disorder. - The pilot, 
6 
master, agent, owner or consignee of the vessel arriving at a port in the Philippines 
7 
from a place outside thereof bringing on board an undocumented foreigner shall be 
8 
fined One hundred thousand pesos (1'100,000.00) for each foreigner. If the foreigner is 
9 
afflicted with a communicable or contagious disease or is suffering from mental 
10 
disorder, the fine shall be not less than Two hundred thousand pesos (1'200,000.00) but 
II 
not more than Three hundred thousand pesos (1'300,000.00) for each foreigner. 
12 
SEC. 122. 
Fine for Bringing a Foreigner to Assist His Illegal Entry or 
13 
Misrepresenting a Foreigner as a Member of the Crew. -
The pilot, master, agent, 
14 
owner or consignee of the vessel arriving at any port in the Philippines from a place 
15 
outside thereof bringing on board a foreigner bound for the Philippines to assist his/her 
16 
illegal entry, or misrepresenting the foreigner to the immigration officer at the port of 
17 
arrival as a bonll fide member of the crew, shall be fined not less than One hundred 
18 
thousand pesos (1'100,000.00) but not more than Two hundred thousand pesos 
19 
(P200,000.00) for each foreigner. 
20 
SEC. 123. 
Fine for Violation of Other Provisions of this Act. -
The pilot, 
21 
master, agent, owner or consignee of any vessel arriving at any port of the Philippines 
22 
from a place outside thereof who violates any other provision of this Act not specifically 
23 
provided in this Chapter shall be fined not less than Fifty thousand pesos (1'50,000.00) 
24 
but not more than Two hundred thousand pesos (P200,000.00) for each violation. 
25 
CHAPTER 7 
26 
OTHER PENAL PROVISIONS 


SEC. 124. Other Prohibited Acts and Penalties Thereof. - Any person who shall 
2 
commit any of the acts specified hereunder shall, upon conviction, suffer the penalty of 
3 
prision correccion(ll in its maximum period to prision mayor in its minimum period or a 
4 
fine of not less than One hundred thousand pesos (P100,000.00) but not mOre than Five 
5 
hundred thousand pesos (1'500,000.00) or both, at the discretion of the court: 
6 
(a) Impersonates another individual, or falsely appears in the name of a deceased 
7 
individual, Or evades the immigration laws by using an assumed or fictitious name 
8 
when applying for an immigration document; 
9 
(b) Issues or otherwise disposes of an immigration document or an immigration 
10 
accountable form, to any person not authorized by law to receive such documents; 
II 
(c) Obtains, manufactures, prints, accepts or uses any immigration or travel 
12 
document knowing it to be false or uses immigration accountable form that is not 
13 
legally issued; 
14 
(d) Enters the Philippines without inspection and admission by the immigration 
IS 
authorities, or obtains entry into' the Philippines by fraud, misrepresentation, or 
16 
concealment of material facts; 
17 
(e) Misrepresents himself/herself to be a Philippine citizen; 
18 
(f) Knowingly makes under oath any false statement regarding any immigration 
19 
matter; or 
20 
(g) Brings into, or lands in the Philippines, or conceals, harbors, employs, or 
21 
gives comfort to any person not duly admitted by any immigration officer or not 
22 
lawfully entitled to enter into or resides within the Philippines, or attempts, conspires 
23 
with, or aids another to commit any such acts. 
24 
Where the offender of any acts specified in paragraph (g) of this section is a 
25 
corporation, company, partnership or other juridical entity, the president, general 
26 
manager, managing partner, or chief executive officer thereof shall be held liable. 
27 
Dismissal of the employee by the employer before or after apprehension shall not 


relieve such employer from any liability arising from the offense: Provided, That if the 
2 
offender is the pilot, master, agent, owner, consignee, or other person in charge of the 
3 
vessel which brought the foreigner into the Philippines from any place outside thereof, 
4 
the fine imposed under this section shall constitute a lien against the vessel which may 
5 
be enforced in the same manner as fines are collected and enforced under existing laws. 
6 
Such vessel shall not be allowed to depart without prior clearance issued by the 
7 
Commission. Where forfeiture is justified under the particular circumstances of the 
8 
case, the forfeiture of the vessel in favor of the government in lieu of the fine shall be 
9 
decreed. 
10 
Conviction by final judgment of any offense punishable under this Act or other 
11 
related laws shall result in the automatic revocation or cancellation of any immigration 
12 
document issued to the offender, including that of his/her spouse and unmarried 
13 
children, if applicable. 
14 
SEC. 125. Penalty for Non-compliance of Subpoena. -
Any person who, having 
15 
been duly served with a subpoena, fails to comply without valid and justifiable reasons 
16 
shall, upon conviction, suffer the penalty of imprisonment of not more than fifteen (15) 
17 
days or a fine of not more than One thousand pesos (P1,000.00), or both, at the 
18 
discretion of the court. 
19 
SEC. 126. Penalty for an Overstaying Crewmember. -
Any foreign crewmember 
20 
who wilfully remains in the Philippines beyond the period allowed him/her for 
21 
temporary landing shall, upon conviction, suffer the penalty of imprisonment of six (6) 
22 
months or fine of not less than Fifty thousand pesos (1'50,000.00) but not more than One 
23 
hundred thousand pesos (1'100,000.00), or both, at the discretion of the court. 
24 
SEC. 127. 
Imposition of Maximum Penalty, When Applicable. - I\. person 
25 
convicted under Republic Act No. 3019, as amended, otherwise known as the" Anti-
26 
Graft and Corrupt Practices Act", or other laws against corruption and bribery who 


shall violate or circumvent any provisions of this Act shall, upon conviction, suffer the 
2 
maximum penalty for such offense as provided under this A<:t. 
3 
CHAPTER 8 
4 
FUNDING 
5 
SEC. 128. Funding. -
In addition to its annual budget under the General 
6 
Appropriations Act, the Commission is hereby authorized to retain and use thirty 
7 
percent (30%) of its income derived from collection of immigration fees, fines, penalties 
8 
and charges for maintenance and other operating expenses, intelligence and law 
9 
enforcement, information and communication technology infrastructure, transportation 
10 
facilities and other capital outlay expenditures. The Commission is likewise hereby 
11 
authorized to retain and use its income in excess of the prescribed collection target. 
12 
CHAPTER 9 
13 
SEC. 129. 
S raffing Pattern and Salary Schedule. - To carry out the provisions 
14 
of this Act, the Commissioner shall submit a new staffing pattern and salary schedule 
15 
for personnel services to the Secretary of the Department of Budget and Management 
16 
for approval, which shall be in accordance with the Salary Standardization Law and 
17 
other applicable laws under the National Compensation and Classification Plan. 
18 
SEC. 130. Reorganization of the Commission. -
Upon approval of this Act, all 
19 
employees of the Bureau of Immigration covered by the civil service law and 
20 
regulations 
shall 
continue 
to 
hold 
their 
present 
positions 
pending 
the 
21 
reorganization of the Commission in accordance with the new staffing pattern: 
22 
Provided, That the salaries, wages, allowances and other benefits of incumbent officers 
23 
and employees of the Commission shall not be subject to diminution: Provided, further, 
24 
That 
m 
the 
event that 
the 
positions are 
abolished in accordance with the 
25 
reorganization, the affected employees shall be retained. 
PrOVIded, finally, That 
26 
employees who have been dismissed for cause shall no longer qualify for any position 
27 
in the Commission. 


SEC. 131. Inventory and Transfer of Properties, Accounts, Assets, Uabilities and 
2 
Obligations to the Commission. ~ All buildings, properties, equipment, facilities, 
3 
accounts, other assets, liabilities and other obligations as well as records of the Bureau 
4 
of Immigration shall be properly inventoried and transferred to the Commission. 
5 
SEC. 132. 
Treaty or Agreement. -
Any treaty or agreement entered into 
6 
between the Philippines and any foreign state before the effectivity of this Act shall 
7 
remain in force and effect. 
8 
SEC. 133. Pending Cases. - Any prosecution, suit, action, proceeding, or any act 
9 
or matter, civil or criminal, pending at the time of the effectivity of this Act shall not be 
10 
affected by the provision of this Act unless otherwise applicable. 
11 
12 
CHAPTER 10 
13 
ADMINISTRATION AND IMPLEMENTATION 
14 
SEC. 134. Administration and Implementation Abroad. - The administration and 
15 
implementation of this Act abroad, including the rules and regulations as well as 
16 
policies arising from it shall be the responsibility of the Department of Foreign Affairs 
17 
through Philippine diplomatic and consular establishments. 
18 
19 
SEC. 135. Implementing Rules and Regulations. 
-
The Commission, upon 
20 
consultation with the Department of Foreign Affairs and other concerned government 
21 
agencies or offices and subject to the approval by the Secretary, shall promulgate the 
22 
rules and regulations for the implementation of this Act within one hundred twenty 
23 
(120) days from its effectivity. 
24 
25 
26 
CHAPTER 11 
FINAL PROVISIONS 


SEC 136. Separability Clause. -
If any of the provisions of this Act is held 
2 
invalid or unconstitutional the other provisions not affected thereby shall continue to be 
3 
in force am! effect. 
4 
5 
SEC 137. 
Uepealing Clauses. - (a) Commonwealth Act No. 613, otherwise 
6 
know.n as the Philippine Immigration Act of 1940, as amended, is hereby repealed; (b) 
7 
All laws, presidential decrees, executive orders, proclamations, memorandum orders, 
8 
instructions, rules and regulations or parts thereof inconsistent with this Act are hereby 
9 
amended or modified accordingly. 
10 
SEC 1.38. Effecti1!ity Clause. -
This Act shall take effect fifteen (15) days after 
11 
its complete publication in the Official Gazette or in two (2) newspapers of general 
12 
circulation. 
13 
Approved,