FIFTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
) 
i (J 
JUL 15 
1\ 9 :48 
SENATE 
S. No. 1454 
Introduced by Senator JUAN MIGUEL F. ZUBIRI 
EXPLANATORY NOTE 
The current organization, system and operations of the Bureau of Immigration 
are governed by Commonwealth Act No. 613, orthe Philippine Immigration Act of 1940. 
Notwithstanding the amendments which have been introduced thereto over the years, 
the law needs to be further amended to enable our own Bureau of Immigration to adapt 
to the changing times. 
The Bureau needs to evolve into an agency that is more 
responsive to the challenges brought about by the advancement in science and 
technology. 
This bill, therefore, seeks to reorganize the Bureau of Immigration and institute 
the same into a Commission. 
It defines the functions of each department created 
thereunder to avoid red tape and overlapping of functions, and likewise seeks to 
introduce changes to the now antiquated systems and procedures on immigration being 
used in our country. To attract foreign investments, more visa categories and privileges 
to foreign investors will likewise be made available. To protect the safety and security 
of our people, the classifications of foreigners or aliens who shall be disqualified to enter 
the county are also expanded. Moreover, penalties for foreigners or aliens who shall be 
engaged in unlawful activities are further strengthened. 
In introducing these amendments, it is hoped that a more responsive immigration 
law shall augur well for the protection of the security, safety and well-being of our 
people. 
In view of the foregoing considerations, the immediate approval of the bill is 
earnestly recommended. 


FIFTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
) 
SENATE 
S. No. 1454 
Introduced by Senator JUAN MIGUEL F. ZUBIRI 
PHILIPPINE IMMIGRATION ACT OF 2010 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
1 
TITLE I 
2 
GENERAL PROVISIONS 
3 
4 
SECTION 1. Title of the Act. -
This Act shall be known as the "Philippine 
5 
Immigration Act of 2010". 
6 
SEC. 2. Declaration of Policy. -
In relation to other states, the Philippines shall 
7 
give' paramount consideration to national sovereignty, territorial integrity, national 
8 
security, national interest, and the right to self-determination, as it adheres to the policy 
9 
of peace, cooperation and amity with all nations. 
Toward this end, Philippine 
10 
immigration poliCies, rules and regulations under this Act shall be applied and 
11 
administered in the promotion of domestic and international interests of the Philippines, 
12 
in recognition of: 
13 
(a) The admission of foreign nationals for the purpose of enhancing capital 
14 
investments, trade and commerce, cultural exchanges and other forms of friendly 
15 
relations and cooperation; 
16 
(b) The need for increased technological and scientific development; 
17 
(c) 
Promotion of conditions for social welfare and economic security of the 
18 
people; 
19 
(d) Compliance with obligations and standards set by international law in the 
20 
admission or exclusion of foreign nationals; 
21 
(e) Promoting international order and justice by denying the use of Philippine 
22 
territory to persons who are engaged or likely to engage in terrorism, human smuggling 
23 
and trafficking, criminal and other nefarious activities; 
24 
(f) Modernization of structures and mechanisms necessary for the administration 
25 
of immigration laws in keeping with the changing demands of the country's role in the 
26 
global community; and 


(g) Professionalization of the immigration service by instituting a rigid system of 
2 
screening and selection of immigration officials and employees and promoting their 
3 
development. 
4 
SEC. 3. 
Definition of Terms. -
As used in this Act, the following terms are 
5 
defined as follows: 
6 
(a) 
"Admission" refers to the process by which a foreigner arriving at a port of 
7 
entry in the Philippines is allowed into the country by the immigration authorities; 
8 
(b) 
"Board" refers to the Board of Commissioners; 
9 
(c) 
"Border Control Officer" refers to any person tasked to man the border 
10 
control station as provided under Section 26 of this Act; 
• 
11 
(d) 
"Captain'! refers to the master of a vessel or pilot of an aircraft; 
12 
(e) 
"Child" refers to a person below eighteen (18) years of age; 
13 
(f) 
"Citizen" refers to any person who is a citizen of the Philippines under 
14 
Section 1, Article IV of the Constitution of the Republic of the Philippines; 
15 
(g) 
"Commission" refers to the Commission on Immigration; 
16 
(h) 
"Commissioner" and "Deputy Commissioner" refer to the Commissioner,of 
17 
Immigration and the Deputy Commissioner of Immigration, respectively; 
18 
(i) 
"Commitment Order" refers to an order issued by the Commissioner under 
19 
Section 7 (c) (2) of this Act that directs the detention of a foreigner after it has been 
20 
determined that a probable cause exists that he/she committed acts and/or omissions in 
21 
violation of Philippine immigration laws, rules and regulations, or during the pendency of 
22 
deportation case against such foreigner: Provided, That such detention shall not exceed 
23 
three (3) months, unless there exists other legal grounds for continued detention; 
24 
U) 
"Consular officer" refers to any consular, diplomatic, or other officer of the 
25 
Government of the Philippines who ,has been duly granted a consular commission for 
26 
the purpose of issuing visas under this Act; 
27 
(k) 
"Entry" refers to the arrival of a foreigner into any designated port of entry in 
28 
the Philippines from a place outside thereof. A foreigner having a lawful permanent 
29 
residence in the Philippines shall not be regarded as making an entry for the purpos8'of 
30 
this Act if such foreigner proves that his/her departure to a place outside the Philippines 
31 
was for a temporary or limited period, or his/her continued absence from the Philippines 
32 
was occasioned by deportation proceedings, extradition, or other legal process; 
33 
(I) 
"Exclusion" refers to the act of Immigration Officers denying admission of a 
34 
foreigner into the country on grounds provided for in this Act; 
35 
(m) "Foreigner" or "Foreign National" refers to any person not a citizen of the 
36 
Philippines; 
37 
(n) 
"Hold Departure Order" refers to (1) a directive that commands the 
38 
Commissioner to prevent a foreigner from leaving the territorial jurisdiction of the 
2 


1 
Philippines in cases of grant of bail and recognizance pending implementation of 
2 
Summary Deportation Order, or (2) an order implementing a directive from the 
, 
3 
President, the Senate, the House of Representatives, the Department of Justice (DOJ), 
4 
Regional Trial Courts, Sandiganbayan, and appellate courts to prevent a person from 
5 
leaving the Philippines to any place outside thereof; 
6 
(0) 
"Husband" and/or "Wife" refer(s) to those regarded as such by the laws of 
7 
the country of which they are nationals but shall not include husband or wife by reason 
8 
of proxy or "picture marriage"; 
9 
(p) 
"Immigrant" refers to any foreign national departing from any place outside 
10 
the Philippines destined for the Philippines, other than a non-immigrant; 
, 
11 
(q) 
"Immigration laws" refers to this Act and any other law presently existing or 
12 
which may hereafter be enacted relating to movement of natural persons to and from 
13 
the Philippines, and their exclusion, interception, deportation and repatriation; 
14 
(r) 
"Immigration Officer" refers to any person appointed under Section 28 of 
15 
this Act or any employee of the Commission designated by the Commissioner, to 
16 
perform the powers, duties and functions of an Immigration Officer as specified under 
17 
this Act; 
18 
(s) 
"Interception" refers to the act of Immigration Officers denying departure 
19 
clearance to any person leaving the country on grounds provided for in this Act; 
, 20 
(t) 
"Non-immigrant" refers to any foreigner departing from any place outside 
21 
the Philippines who is allowed entry, and admission into the Philippines for a temporary 
22 
or limited period of stay; 
23 
(u) 
"Non-refoulement" means a principle of international law which prohibits the 
24 
forced return of a refugee to the state or territory where his/her life or liberty would be 
25 
threatened; 
26 
(v) 
"Passport" means a document issued by the Philippine govemment to its 
27 
citizens requesting other governments to allow its citizens to pass safely and freely, and 
28 
in case of need to give him all lawful aid and protection; 
29 
(w) "Person" refers to natural and juridical person such as partnerships, 
30 
corporations, companies, and associations; 
31 
(x) 
"Port of entry" refers to any port designated by competent authority in 
32 
accordance with law through which a foreigner may apply to the Immigration Officer 
33 
thereat for admission into the Philippines; 
34 
(y) 
"President" refers to the President of the Republic of the Philippines; 
35 
(z) 
"Refugee" refers to a person who, owing to a well-founded fear of being 
36 
persecuted for reasons of race, religion, nationality, membership of a particular social 
37 
group, or political opinion, is outside the country of his/her nationality, and is unable or, 
38 
owing to such fear, is unwilling to avail of the protection of that country; or who, not 
3 
, 


having a nationality and being outside the country of his/her former habitual residence 
, ' 
2 
is unable or, owing to such fear, is unwilling to return to it; 
3 
(aa) "Seaman," "Seafarer" or "Crewrnember" refers to a person actually 
4 
employed in the operation or service in any capacity on board a vessel; 
5 
(bb) "Secretary" refers to the Secretary of the Department of Justice; 
6 
(cc) "Stateless Person" refers to a person who is not considered a national by 
7 
any State under its laws; 
8 
(dd) "Travel document" refers to a certification or identifying document containing 
9 
the description and other personal circumstances of its bearer, issued for direct travel to 
10 
and from the Philippines valid for short periods or a particular trip. It is issued only to 
II 
persons whose claim to Philippine citizenship is doubtful or who fall under the category 
12 
enumerated in Section 13 of Republic Act No. 8239, otherwise known as "The 
13 
Philippine Passport Act of 1996"; 
, 14 
(ee) "Vessel" refers to all means of conveyances, whether aircraft or sea craft;, 
15 
(ff) 
'Visa" refers to an endorsement on a passport or any travel document 
16 
issued by a consular officer abroad authorizing the holder thereof to proceed to a 
17 
designated port of entry in the Philippines and there to apply for entry and admission 
18 
under the status specified therein; or immigration status granted and/or issued to 
. 19 
foreigners by the Commissioner or the Board under this Act; and 
20 
(gg) "Watchlist Order" refers to an order issued by the Commissioner under 
21 
Section 7 (c) (4) of this Act that requires immigration personnel to monitor and/or 
, 
22 
prevent the departure of any person for a period of fifteen (15) days, extendible for 
23 
another fifteen (15) days,and to notify concerned government or law enforcement 
24 
agencies, when his/her presence is required in criminal or legislative proceedings, or 
25. 
he/she poses or may pose a threat to national security, public health or public safety. 
26 
TITLE II 
27 
COMMISSION ON IMMIGRATION 
28 
29 
CHAPTER 1 
30 
THE COMMISSION 
31 
32 
SEC. 4. Creation. -
The Commission on Immigration is hereby created. It shall 
33 
be principally responsible for the administration and enforcement of this Act, and the 
34 
implementation of all laws, rules, ,regulations or orders of any competent authority 
35 
concerning the entry and admission into, stay in, and the departure from the Philippines 
36 
of all persons. The Commission shall be under the general supervision of the 
37 
Department of Justice. 
38 
SEC. 5. Composition and Qualification. -
The Commission shall be 
39 
administered by the Board of Commissioners headed by the Commissioner as 
40 
Chairperson, and four (4) Deputy Commissioners as members, all of whom shall be 
4 


, 
1 
natural-born citizens of the Philippines and, at the time of their appointment, at least 
2 
thirty-five (35) years of age, holders of a college degree and with proven capacity for 
3 
administration: Provided, That the majority or three (3) members including the 
4 
Chairperson of the Commission shall be members of the Philippine Bar in good 
5 
standing for at least five (5) years. 
6 
CHAPTER 2 
7 
TH~COMMISSIONER 
8 
SEC. 6. Appointment and Rank of the Commissioner. -
The Commissioner 
9 
shall be appointed by the President and shall have the same rank, salary, and privileges 
10 
of an Undersecretary of a Department. 
11 
SEC. 7. Powers and Functions of the Commissioner. -
In addition to the 
12 
duties as Chairperson of the Board of Commissioners, the Commissioner shall exercise 
13 
the following powers and functions: 
14 
(a) 
Supervise, 
direct and 
coordinate 
the 
overall 
operations 
of the 
15 
Commission; 
16 
(b) 
Appoint, and exercise control and supervision over, the officers and 
17 
personnel of the commission, subject to existing civil service laws, rules and 
18 
regUlations; 
19 
(c) 
Issue, (1) letter orders after determination of the existence of probable 
20 
cause; (2) commitment or release orders; (3) 
warrant of deportation; (4) watch list 
21 
orders; 
(5) hold departure orders; (6) allow entry or departure orders; (7) blacklist 
22 
orders; and (8) orders implementing watchlist orders issued by the Department of 
23 
Justice; 
24 
(d) 
Delegate authority to subordinate officers and employees of the 
25 
Commission, except with regard to powers and functions enumerated in the 
26 
immediately preceding paragraph, which may be delegated only to the 
Deputy 
27 
Commissioners; 
28 
29 
30 
31 
32 
33 
34 
35 
(e) 
Act on applications for issuance and extension or on petitions for 
conversion, adjustment and amendment of visas; 
(f) 
Act on petitions for declaration of indigency; 
(g) 
Declare such control posts, landing places, airports or ports as points of 
entry or exit, whether limited or unlimited; 
(h) 
Increase, reduce or "Yaive immigration fees, fines, penalties and other 
charges; 
(i) 
Participate as member of the Special Committee on Naturalization 
36 
pursuant to Section 6 of Republic Act No. 9139 otherwise known as "The Administrative 
37 
Naturalization Law of 2000"; 
5 


1 
U) 
Act on applications for retention or reacquisition of citizenship under 
2 
Republic Act No. 9225 otherwise known as "Citizenship Retention and Re-acquisition 
3 
Act of 2003"; 
4 
(k) 
Issue Certificate of Identification to foreigners who have obtained Filipino 
5 
citizenship; 
6 
(I) 
Issue letter orders and permits to carry firearms, ammunition and 
7 
communications equipment to authorized immigration operatives for use in enforcement 
8 
operations and in the execution of warrants: Provided, That such firearms are owned 
9 
and issued by the Commission; 
10 
(m) 
Inspect the documents, premises and records of persons covered by this 
11 
12 
13 
14 
15 
16 
. 17 
18 
19 
Act; 
(n) 
Deputize any official or employee of the national government and local 
, 
government units, including uniformed personnel of the Armed Forces of the 
Philippines, the Philippine National Police and the Philippine Coast Guard to perform 
immigration duties and functions subject to the concurrence of the Board; 
(0) 
Authorize and prescribe the forms and the amount of cash bonds for the 
provisional release of respondents in deportation proceedings; 
(p) 
Impose reasonable fin'es and penalties for violation of immigration and 
alien registration laws in accordance with this Act and the guidelines adopted by the 
20 
Commission; 
21 
(q) 
Provide an express lane for the rendition of services upon payment of 
22 
23 
24 
25 
26 
27 
28 
29 
. 30 
31 
prescribed fees by airlines/shipping companies or other persons served and to deposit 
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 
Commission, subject to existing auditing and accounting rules and regulations; 
(r) 
Accept donation of materials, equipment or technical services from any 
foreign government, international or domestic organization, to upgrade the efficiency 
and operations of the Commission; 
• 
(s) 
Submit to the President and Congress, annually or as may be directed, a 
report on the: (1) number and status of foreigners in the Philippines; (2) foreigners 
admitted or granted change of status as permanent residents; (3) foreigners who have 
32 
been excluded or deported from the Philippines; (4) 
estimated number of illegal 
33 
foreigners in the Philippines in each calendar year and actions taken to arrest them, by 
34 
nationality grouping, for each region in the Philippines; and (5) such other transactions 
35 
of the Commission; 
36 
(t) 
Prepare and submit supplemental budget of the Commission for the 
37 
consideration of the Department of Budget and Management; 
6 


, 
(u) 
Prescribe such rules, regulations or other administrative issuances to 
2 
carry out the provisions of this Act; 
3 
(v) 
Prescribe the appropria,te forms, bonds, reports, entries and other papers 
4 
in accordance with this Act; and 
S 
(w) 
Perform such other func,tions inherent to the Commission. 
6 
CHAPTER 3 
7 
THE DEPUTY COMMISSIONERS 
8 
9 
SEC. 8. Appointment and Rank of Deputy Commissioners. -
There shall be 
10 
four (4) Deputy Commissioners who shall be appointed by the President. They shall 
11 
have the same rank, salary and privileges of an Assistant Secretary of a Department. 
12 
SEC. 9. Duties of Deputy Commissioners. -
In addition to their duties as 
, 
13 
members of the Board, the Deputy Commissioners shall exercise additional powers, 
14 
subject to the approval of and as may be assigned by the Board, in the following areas 
1 S 
of concern as: 
16 
a. Deputy Commissioner for Administration, Finance, Planning, Legal and 
, 17 
Information and Communications Technology; 
18 
b. Deputy Commissioner for Regional Operations, Registration, Immigration 
19 
Regulation and Visa and Special Permit; 
20 
c. Deputy Commissioner for Intelligence, Enforcement, Fraud Prevention and 
21 
Complaint and Prosecution; and 
22 
d. Deputy Commissioner for International Policies, Cooperation and Social 
Integration. 
CHAPTER 4 
23 
24 
2S 
26 
27 
THE BOARD OF COMMISSIONERS 
SEC. 10. 
Powers and Functions of the Board. -
The Board shall have 
28 
the following powers and functions: 
29 
(a) Decide on deportation cases; 
30 
(b) Act on appeals on decisions promulgated by immigration hearing officers; 
31 
(c) Act on applications or recommendations for revocation of immigration status; 
32 
(d) Act on applications for recognition of Philippine citizenship by reason of birth or 
33 
marriage; 
34 
(e) Decide on applications for legalization of residence in accordance with law; 
35 
(f) Prescribe and promulgate rules of proceedings before it; 
36 
(g) Cite and punish for contempt any person in accordance with the Rules of 
37 
Court; 
38 
(h) Prepare and publish operations manual and rules of procedure, including 
39 
schedule of fees, for all transactions entered into by the Commission with the public; , 
40 
(i) Formulate policies, directives, programs and projects of the Commission; and 
7 


1 
(j) Perform such other powers and functions as provided by existing laws, rules 
2 
and regulations not inconsistent with any of the provisions of this Act 
3 
SEC. 11. Decisions of the Board. - In all cases or proceedings before the 
4 
Board, the decision of the majority shall prevail. Decisions of the Board shall become 
5 
final and executory fifteen (15) days from receipt thereof. Only one (1) motion for 
6 
reconsideration shall be filed with the Board. 
7 
Decisions in deportation cases may be appealed to the Office of the President 
8 
within fifteen (15) days from receipt thereof, whose decision shall be final and executory 
9 
unless stayed by an order of the Court of Appeals. The appeal shall stay the execution 
10 
of the decision appealed from unless the Board, in the interest of national security 
11 
12 
13 
14 
. 15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
and/or public safety, directs its execution pending appeal. 
SEC. 12. 
Period for Decision by the Board. - The Board of Commissioners 
shall decide deportation cases within thirty (30) days from the date they are submitted 
for decision or resolution. 
SEC. 13 . 
Meetings of the Board. -
In 
all 
cases, 
the 
Board 
of 
CommiSsioners shall convene and act as a collegial body in all matters referred to in 
Section 10 of this Act The Board shall meet at least once a week or, if necessary, 
twice a week. Members of the Board shall be notified accordingly and the presence of 
the Chairperson and two (2) members shall constitute a quorum. 
SEC. 14. 
Board Secretary. -
The Board shall be assisted by a Bo~rd 
Secretary who shall be appointed by the Commissioner. He/she must be a member of 
the Philippine Bar in good standing for at least three (3) years prior to his/her 
appointment He/she shall keep a docket book for deportation cases, applications for 
, 
revocation of immigration status, applications for recognition of Philippine citizenship by 
reason of birth or marriage, applic21tions for legalization of residence and applications 
for refugee status. 
CHAPTERS 
THE EXECUTIVE DIRECTOR 
SEC. 15. 
Appointment and Tenure - There shall be an Executive Director 
of the Commission who shall be appointed by the Secretary upon the recommendation 
of the Commissioner, and whose term shall be co-terminous with the Commissioner. 
He/she must be a natural-born citizen of the Philippines, at least thirty (30) years of age 
and a member of the Philippine Bar in good standing for at least five (5) years prior to 
his/her appointment. 
SEC. 16. Powers and Duties. - The Executive Director shall: 
(a) 
Advise 
and 
assist 
the 
Commissioner 
in 
the 
formulation 
and 
, 
38 
implementation of the objectives, policies, plans and programs of the Commission; 
39 
(b) 
Oversee all the operational activities of the Commission; 
8 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
. 14 
(c) 
Coordinate the programs and projects of the Commission and be 
responsible for its economical, efficient and effective administration; 
(d) 
Administer oaths in connection with all matters relating to the business of 
the Commission; and 
(e) 
Perform such other duties as may be assigned by the Commissioner. 
CHAPTER 6 
THE BOARD OF SPECIAL INQUIRY 
SEC. 17. Constitution of Boards of Special Inquiry. There shall be constitut~d 
as many Boards of Special Inquiry as required in the exigency of service but not more 
than twelve (12). Each Board sh¥1I be composed of a Chairperson and two (2) 
members. The 
Board 
shall 
be 
designated 
according 
to 
their 
areas 
of 
specialization to be determined by the Board. 
SEC. 18 . 
Appointment and Qualification of the Chairpersons and 
15 
Members of the Boards of Special Inquiry. - The Chairpersons and members of the 
16 
Boards of Special Inquiry shall be appointed by the Commissioner, all of whom shall be 
17 
natural-born citizens of the Philippines and, at the time of their appointment, at least 
18 
thirty (30) years of age, members of the Philippine Bar in good standing, and engaged 
19 
in the practice of law for at least three (3) years. They shall hold office during good 
20 
behavior, unless sooner removed for cause. 
21 
SEC. 19. 
Powers and Functions of the Boards of Special Inquiry. - The 
22 
Boards of Special Inquiry shall: 
23 
(a) Administer oaths; 
24 
(b) Cite and punish for contempt in accordance with the Rules of Court; 
25 
(c) Issue subpoena in cases being heard by the Board of Special Inquiry; 
26 
(d) Recommend to the Board the imposition, waiver or reduction of fees, fines, 
27 
penalties and other charges subject to existing laws, rules and regulations; 
28 
(e) Exercise exclusive original authority to hear and recommend to the Board for 
• 
29 
final resolution the following cases: 
30 
31 
32 
(1 ) 
(2) 
(3) 
Deportation; 
Applications for revocation of immigration status; 
Applications for recognition of Philippine citizenship by reason of 
33 
birth or marriage; 
34 
(4) 
Applications for legalization of residence in accordance with law; 
35 
(5) 
Application for issuance of visa for stateless person; and 
36 
(f) 
Perform such other duties and functions as may be directed by the 
37 
Commissioner. 
38 
SEC. 20. 
Proceedings Before the Boards of Special Inquiry. -
The 
39 
proceedings before the Boards of SpeCial Inquiry shall be public and recorded. In all 
9 


, 
1 
cases, the Boards of Special Inquiry shall meet and act as a collegial body. 
Only 
2 
members of the Philippine Bar in good standing shall appear for and in behalf of any 
3 
party before the Boards of Special Inquiry. 
4 
SEC. 21. 
Resolutions of the Boards of Special Inquiry. -
Cases before 
5 
the Boards of Special Inquiry shall be resolved within five (5) working days from the 
6 
date the same are submitted for resolution. 
Said resolution shall be submitted 
7 
immediately to the Board for action. 
8 
CHAPTER 7 
9 
DIVISIONS OF THE COMMISSION 
10 
11 
SEC. 22. Divisions and Other Operating Offices of the Commission. -
The 
12 
Commission shall have the following divisions and other operating offices, namely: (1) 
13 
Administration; (2) Finance; (3) Information and Communications Technology; (4) 
14' 
Planning and Research; (5) Intemational Policies and Cooperation; (6) Social 
15 
Integration; (7) Intelligence; (8) Law Enforcement; (9) Fraud Prevention; (10) Legal; (11) 
16 
Immigration Regulation; (12) Registration; (13) Visa and Special Permit; (14) Complaint 
17 
and Prosecution; (15) Internal Audit Office; (16) National Operations Center; and (17) 
18 
Immigration Academy of the Philippines. 
19 
SEC. 23. Heads of the Divisions and Other Operating Offices. 
Each 
20 
Division and other operating offices shall be headed by a Director to be appointed by 
21 
the Secretary, upon recommendation of the Commissioner: Provided, however, T~at 
22 
Directors for the Division for Legal and the Division for Complaint and Prosecution shall 
• 
23 
be members of the Philippine Bar in good standing, and must have been engaged in the 
24 
practice of law for at least three (3) years. The Director for Finance Division shall be a 
25 
Certified Public Accountant in good standing for at least three (3) years . 
. 26 
SEC. 24. 
Duties and Functions of the Divisions and Other Operating 
27 
Offices. - The different divisions and other operating offices of the Commission shall 
28 
operate in accordance with their respective duties and functions as defined by the 
29 
Commissioner, subject to the requirements of efficiency, economy, transparency, 
30 
accountability and effectiveness, and pertinent budget and civil service laws, rules and 
31 
regulations. 
32 
CHAPTER 8 
33 
REGIONAL OFFICES 
34 
35 
SEC. 25. Field Offices of the Commission. -
The Commission shall oper&te 
36 
and maintain a Regional Immigration Office in each of the administrative regions 
37 
including the National Capital Region. 
38 
The Regional Immigration O~ices of the Commission shall each be headed by a 
39 
Regional Immigration Officer, all of whom shall be appointed by the Secretary upon the 
. 40 
recommendation of the Commissioner. 
10 


, 
1 
SEC: 26. Border Control Stations - There shall be established Border Control 
2 
Stations which shall be manned by Border Control Officers appointed by the 
3 
Commissioner. The Border Control Stations shall be placed in specific areas in the 
4 
Philippines which shall be determined by the Board. Their duties and responsibilities 
5 
shall be determined by the Commissioner. 
6 
SEC. 27. Changes in the Composition, Distribution of Assignment of 
, 
• 
7 
Regional Offices. -
The Commissioner may make changes in the composition, 
8 
distribution and assignment of Regional Offices, as well as its personnel, based on the 
9 
demographics of the Philippines' foreigner popUlation and as the exigency of the service 
10 
requires. 
11 
SEC. 28. Immigration Officers. - The position of Immigration Officer is hereby 
12 
created. No person shall be appointed to the position of Immigration Officer unless he is 
13 
a holder of a bachelor's degree and a first grade civil service eligible. The Immigration 
14 
Officers shall perform the following duties: 
15 
(a) Examine, with the assistance and advice of medical authorities in appropriate 
16 
cases, foreigners at the port of entry concerning their admissibility to enter and their 
17 
qualifications to remain in the Philippines; 
18 
(b) Exclude foreign nationals not properly documented, and to admit foreign 
19 
nationals complying with the applicable provisions of immigration and related laws; 
20 
(c) Administer oaths in connection with the performance of their duties; 
21 
(d) Search for foreign nationals on any vessel believed to be used to illegally 
, 
22 
bring foreign nationals into the Philippines, and to arrest without warrant any foreigner 
23 
who in his presence or view is entering or is about to enter the Philippines in violation of 
. 24 
immigration and related laws, rules and regulations; 
25 
(e) Act as control officer with authority to prevent the departure of passengers 
26 
not complying with departure reqUirements; and 
27 
(f) Perform such other functions as may be aSSigned by the Commissioner from 
28 
time to time. 
29 
SEC. 29. Designation of Employees. - The Commissioner may designate, in 
30 
accordance with civil service laws, rules and regulations, any competent and qualified 
31 
employee of the Commission, to act as immigration officer or assign any employee to 
32 
other offices within the Commission and/or assign him/her additional or other duties as 
• 
33 
the best interest or exigency of the service may require. 
34 
SEC. 
30. Assignment of Employees to do Overtime Work. -
The 
35 
Commissioner may assign immigration employees to do overtime work or services 
36 
pursuant to rules and regulations to be prescribed and at the rates fixed by the 
37 
Commissioner when the work or service to be rendered is to be paid by the airline, 
38 
shipping companies or other persons served. 
11 


SEC. 31. Deployment of Immigration Personnel Abroad. - Within ninety (90) 
2 
days from the effectivity of this Act, the Department of Foreign Affairs and the 
3 
Commission shall enter into a Memorandum of Agreement pertinent to the assignment 
4 
and deployment of immigration personnel to select consular posts abroad who shall 
5 
perform immigration duties, except diplomatic and consular functions. 
6 
SEC. 32. Manning Levels - On the average, the manning levels of immigration 
7 
officers of the Commission nationwide shall be in accordance with the number of 
8 
arrivals in each port of entry as determined by the Board: Provided, That the number of 
9 
employees, as provided in the staffing pattem in accordance with Section 130 of the 
,10 
Act, shall not be decreased, 
11 
TITLE '" 
12 
IMMIGRATION 
13 
14 
CHAPTER 1 
15 
NON-IMMIGRANTS 
16 
17 
SEC. 33. Categories of Non-immigrants and Types of Visa Issued.- Foreign 
18 
nationals departing from any place outside the Philippines who are otherwise admissible 
19 
and who qualify under anyone of the following categories may be admitted as non-
• 
20 
immigrants: 
21 
(a) Temporary visitors (A Visas): Visitors coming to the Philippines for a 
22 
temporary period for reasons of business, pleasure or health: 
23 
1, Business (A-1 visa): Temporary visitors engaged in activities of a 
24 
25 
26 
27 
28 
commercial or professional nature for a foreign employer or for 
themselves that will not result in gainful employment in the Philippines. As 
used herein, the term "business" refers to conventions, conferences, 
consultations and. other legitimate activities of a commercial or a 
professional nature, but does not include local employment or labor for 
29 
hire; 
30 
2. Pleasure (A-2 visa): Temporary visitors who stay in the Philippines for. 
31 
holiday, including sightseeing, recreation or visiting relatives; and 
32 
3. Health (A-3 visa): Temporary visitors who stay in the Philippines to avail of 
33 
medical treatment. 
34 
(b) Transit Persons (B Visa): persons passing through the Philippines solely for 
35 
a "stop over" who have a confirmed connecting flight to another country or passengers 
36 
in immediate and continuous transit to a destination outside the Philippines; 
37 
(c) Crew members (C Visa): Members of the crew of vessels required for the 
38 
normal operation and servicing of the vessels who come to the Philippines temporarily 
39 
as part of their jobs either arriving with or coming to join the vessels; 
12 


, 
(d) Treaty Traders (0-1 Visa) and Treaty Investors (0-2 Visa): Citizens and their 
2 
family members from a country that has a trade treaty with the Philippines and coming 
3 
to work in the Philippines for either a company they own or one that is at least fifty 
4 
percent (50%) owned by nationals of their home country and which company' is 
5 
engaged in substantial trade between the Philippines and their home country shall be 
6 
granted a 0-1 visa. 
7 
Citizens of a country that has an investor treaty with the Philippines, and their 
8 
family members, and coming to work in the Philippines for a business they own or one 
9 
that is at least fifty percent (50%) owned by nationals of their home country and which 
10 
business is supported by a substantial investment from nationals of their home country 
11 
shall be granted a 0-2 visa; 
12 
(e) Accredited Foreign Government Officials, Their Families and Attendants (E 
13 
Visas): Foreign government officials, their families and attendants coming to the country 
14 
for official purpose, pursuant to intemational conventions and bilateral agreements, shall 
15 
be granted E Visas divided into three (3) types, namely: 
16 
1. Persons entitled to E-1 Visa: The E-1 Visa shall be issued to persons 
• 
17 
enjoying diplomatic immunities and privileges, particularly the following 
18 
classes of foreign nationals: 
19 
a. Heads of the State and Heads of Government and their personal 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
representatives; 
b. Members of reigning royal families recognized by the Philippine 
Government; 
c. Governors-General, Governors, and 
High Commissioners of 
dependent territories and their personal representatives; 
d. Cabinet ministers and their deputies and officials with cabinet rank 
of ministers; 
e. Presiding officers of national legislative bodies; 
f. Justices or judges of the highest national judiCial bodies; 
• 
g. Diplomats and career consular officials; 
h. Diplomatic couriers regularly and professionally employed as such; 
i. Military, naval, air and other attaches assigned to a diplomatic 
mission; 
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. Representativesof international organizations who have 
status 
and 
bearing 
diplomatic 
passports 
issued 
governments; 
13 
diplomatic 
by 
their 


1 
m. Members of delegations proceeding to or from an international 
2 
conference of an official or diplomatic nature; 
3 
n. Accompanying spouses and unmarried minor children offoreigners 
4 
within the abovementioned categories; and 
5 
o. Such other officials going to the Philippines on diplomatic missions. 
6 
2. Persons entitled to E-2 Visa: The E-2 visa shall be issued to any other 
7 
person not included in the foregoing list, who is an officer of a foreign 
8 
government recognized by the Philippines, is a national of the country 
9 
whose government he represents, and is proceeding to the Philippines in 
10 
connection with official business for his/her government. 
11 
This category includes, inter alia, the members of the staff of a 
12 
diplomatic 
mission 
or 
consular 
post, 
the 
staff of international 
l3 
organizations, and official students or participants in programs under the 
14 
auspices of the Philippine Government or recognized international 
15 
institutions. 
16 
The family members of the above-mentioned persons shall also be 
17 
issued E-2 Visa. 
18 
3. Persons entitled to E-3 Visa: The E-3 Visa shall be issued to the members 
19 
of the household, the attendants, servants and employees of persons to 
20 
whom E-1 and E-2 visas have been granted; 
21 
(f) Students (F Visa): Foreign students having means suffiCient for their support 
22 
and education in the Philippines who seek to enter the Philippines temporarily for the 
23 
sole purpose of taking up a course of study higher than high school at a 
24 
university/seminary, academy or college accredited for such foreign students by the 
25 
Commission on Higher Education in collaboration with the Commission. Their 
26 
collaboration shall include the monitoring of the status of activities of such foreign 
. 27 
students in the Philippines; 
28 
(g) Prearranged Employment (G Visa): Foreign nationals coming to the 
, 
29 
Philippines on prearranged employment, including their family members accompanying 
30 
or following to join them within the period of their employment. This category includes 
31 
intra-company transferees, professionals, performing artists, athletes, and cultural 
32 
exchange workers under a work eXChange program; 
.33 
(h) Religious Workers (H Vis~): Duly ordained or professional missionaries and, 
34 
religious ministers, including members of their family, coming to the Philippines to join a 
35 
religious congregation or denomination duly registered with the Securities and 
36 
Exchange Commission, upon invitation, sponsorship or guarantee of such religious 
37 
congregation or denomination, solely for the purpose of propagating, teaching and 
38 
disseminating their faith or religion; 
14 


1 
(i) Representatives of International Organizations and Governrnent Agencies (I 
2 
Visa) : Officials, principal representatives and foreign workers of accredited internatio~al 
3 
organizations as well as missions, including their family members, staff and servants. 
4 
The term "accredited international organization" includes any public international 
5 
organization in the activities of which the Philippines participates pursuant to any treaty 
6 
or under the authority of any act of the Congress of the Philippines authorizing such 
7 
participation or making an appropriation for such participation and such other 
8 
international organizations, institutions, agencies, programs, foundations and entities 
9 
which are recognized by the government of the Republic of the Philippines, including 
10 
those existing and already recognized as such at the time of the effectivity of this Act. 
11 
The term "staff" includes the employees of persons to whom the E-3 visa has been 
12 
granted; 
13 
Ul Media Workers (J Visa): Foreign media personnel or correspondents, duly 
14 
accredited by the government agenc,y concerned, who are bona fide representatives of 
, 
15 
a foreign press, radio, satellite, television, film, or other information media, and are 
16 
coming to the Philippines solely to engage in gathering information principally for 
17 
dissemination abroad, including their family members accompanying or following to join 
18 
them during the period of the assignment in the Philippines; 
. 19 
(k) Exchange Visitors (K Visa): Foreign nationals entering the Philippines to 
20 
teach, study, observe, conduct research or receive training in a specific Exchange 
21 
Visitor Program duly approved by the Philippine Government; 
22 
(I) Refugees (L-1 Visa) and Stateless Persons (L-2 Visa): Refugees as defined 
23 
in Section 3 (z) hereof shall be issued L-1 Visa. Stateless persons, whose admission 
24 
for humanitarian reasons and not inimical to public interest has been approved by the 
25 
Commissioner or the President in such cases and under such conditions as he may 
26 
prescribe, shall be issued L-2 Visa; and 
27 
(m) Special Non-Immigrants (M Visas): Such other foreign nationals includipg 
28 
their family members who may be admitted as non-immigrants under special laws or 
29 
foreign nationals not otherwise provided for by this Act who are coming for temporary 
30 
periods only, and whose admission is authorized by the Commissioner or the President 
31 
in the interest of the public or for humanitarian considerations and under such 
. 32 
conditions as he may prescribe. 
33 
SEC 33-A. Visa Policy. -
The policies governing the issuance, extension, 
34 
renewal and conversion of visas referred to in Section 33 hereof shall be jointly 
35 
formulated by the Commission and the Department of Foreign Affairs (DFA) and, when 
36 
appropriate, the Commission and the DFA shall consult with the concerned government 
37 
agencies or offices relative thereto. 
15 


, 
1 
Any visa policy or guidelines to be implemented abroad shall be done by the 
2 
DFA, with due notice to the Commission and other concerned agencies and/or offices. 
3 
SEC. 33-B. Visa Issuance Overseas.- All non-immigrant visas issued outside of 
4 
the Philippines shall be done by Consular Officers of the DFA duly assigned at 
5 
Philippines posts abroad. Immigrant visas, whenever issued abroad, shall be done by 
6 
the Consular Officers upon the approval of the Commission through the DFA. 
7 
CHAPTER 2 
8 
IMMIGRANTS 
9 
10 
SEC. 34. Quota Immigrants. -
Subject to conditions set forth in this Act, there 
11 
may be admitted into the Philippines, immigrants, otherwise known as "quota 
12 
immigrants", not to exceed two hundred (200} of anyone nationality based on 
13 
immigration reCiprocity for anyone calendar year and upon allotment by the 
14 
Commissioner of the corresponding quota number. In the allotment of quota numbers, 
, 
15 
the following order of preference shall be observed: 
16 
(a) First Preference: Those whose service and qualifications show high 
17 
educational attainment, technical training, specialized experience, or exceptional ability 
18 
in the sciences, arts, professions, or business as would reasonably enhance and 
19 
contribute substantial benefits prospectively to the national economy, or cultural or 
20 
educational interests or welfare of the Philippines, including their family members, . 
21 
accompanying or following to join them, who shall likewise be allotted individual quota 
22 
numbers; 
23 
(b) Second Preference: Parents of a naturalized Philippine citizen; 
24 
(c) Third Preference: Spouses or minor children of foreign nationals who are 
25 
lawful permanent residents of the Philippines; and 
26 
(d) Fourth Preference: Parents of foreign nationals who are lawful permanent 
27 
residents of the Philippines. 
28 
SEC 35. Allotment of Quota. -
The Commissioner shall, with respect to the 
29 
first preference, allot not more than fifty percent (50%) of the annual quota allotment up 
30 
to the end of June each year: Provided, however, That if the fifty percent (50%) is not 
31 
utilized by the first preference, the balance thereof shall be given to the second, third, 
32 
and fourth preferences in accordance with Section 34 of this Act. Any unused quota 
33 
allotment for a calendar year cannot be carried over and utilized for the ensuing 
34 
calendar year. 
35 
SEC. 36. Basis in Determination of Quota Allotment. _. The nationality of an 
36 
immigrant whose admission is subject to the numerical limitation imposed by Section 34 
37 
of this Act shall be that of the country of which the immigrant is a national or a citizen. 
38 
The nationality of an immigrant possessing dual nationality may be that of either of the 
39 
two countries regarding him/her as a national or citizen if he/she applies for a visa in a 
16 


, 
1 
third country. If he/she applies for a visa within one of the two countries regarding 
2 
him/her as a national or citizen, his/her nationality shall be that of the country in which 
3 
he/she files his/her application for a visa to enter the Philippines. 
4 
SEC. 37. Non-Quota Immigrants. -
The following immigrants, known as "non-
S 
quota immigrants", may be admitted without regard to numerical limitation and 
6 
immigration reciprocity: 
7 
(a) The spouse of a Philippine citizen: Provided, however, That the abandonment 
8 
and failure to give support by the foreign spouse to his/her Filipino spouse and family, 
9 
legal separation, or termination of the marital status by annulment, declaration of nullity 
10 
of marriage or divorce where the cause is attributable to the foreign spouse, shall 
, 
11 
constitute grounds for cancellation of the immigrant visa issued to the foreign spouse; 
12 
(b) A person of Filipino descent regardless of generation; 
13 
(c) A child born to a foreign mother during her temporary visit abroad, the mother 
14 
being a lawful permanent resident of the Philippines, if accompanied by or coming to 
15 
join the mother who applies for admission within five (5) years from the birth of the child; 
16 
(d) A child born subsequent to the issuance of an immigrant visa to the 
. 17 
accompanying parent, the visa not having expired or reVOked; 
18 
(e) A foreign national who had been previously lawfully admitted into the 
19 
Philippines for permanent residence who is returning from a temporary visit abroad to 
20 
an unrelinquished residence in the Philippines; and 
21 
(f) A natural-born citizen whq becomes a naturalized citizen of a foreign country 
22 
and is returning to the Philippines for permanent residence therein, including his/her 
23 
spouse and minor children accompanying or following to join him/her, except the one 
24 
who has re-acquired or retained his/her Philippine citizenship pursuant to Republic Act 
25 
No. 9225. 
26 
SEC. 38. Status of Children Born to Foreign Nationals. -
(a) A child born in 
27 
the Philippines to parents who are foreign nationals and lawful residents of the 
28 
Philippines shall be deemed a native-born permanent resident. (b) A child born to 
29 
parents who are both non-immigrants shall be deemed a native-born non-immigrant or 
30 
temporary resident and may remain in the Philippines only during the period of 
31 
authorized stay of the parents, unless he/she reaches the age of eighteen (18) 
32 
years while continuously residing' in the Philippines, in which case he/she may 
33 
apply for naturalization under existing laws or for an appropriate visa. 
34 
35 
CHAPTER 3 
36 
ADJUSTMENT OF STATUS 
37 
38 
SEC. 39. Conditions for Adjustment of Status of Foreign Nationals. -
The 
39 
status of a foreign national admitted into the Philippines as non-immigrant may pe 
17 


adjusted by the Board to that of a foreigner lawfully admitted as a permanent resident if: 
2 
(a) the foreigner makes an application for such adjustment; (b) the foreigner is eligible to 
3 
receive a quota or non-quota immigrant visa and is admissible to the Philippines as a 
4 
permanent resident: and (c) a quota immigrant visa, if such is the case, is immediately 
5 
available to him/her at the time of his/her application, without the need of first departing 
6 
from the Philippines. In all such cases, the personal appearance of the foreigner shall 
• 
7 
be required during the consideration of his/her application. 
8 
SEC. 40. Effect of Approval on Application for Adjustment. -
Upon the 
9 
approval of an application for adjustment of status under the preceding section, the 
10 
Commissioner shall record the foreign national's lawful admission as a permanent 
11 
resident as of the date of the approval of the application and shall be included as part,of 
12 
the quota for the calendar year in accordance with Section 34 of this Act. 
13 
SEC. 41. Adjustment of Status, When Not Allowed. -
Adjustment of status 
14 
under Section 34 of this Act shall not be applicable to (a) a foreign crewman, (b) a 
15 
foreign national who has violated or is in violation of immigration laws, rules and 
. 16 
regulations unless the same is through no fault of his/her own or for purely technical 
17 
reasons, (c) a foreign national admitted as a temporary visitor without visa, and (d) 
18 
transients. 
19 
CHAPTER 4 
20 
DOCUMENTATION AND ADMISSION OF NON·IMMIGRANTS 
21 
22 
SEC. 42. Documentary Requirements of Non-immigrants. - Non-immigrants 
23 
must present for admission into the Philippines valid passports issued by the 
24 
governments of the countries to which they owe allegiance to or other travel documents 
25 
showing their nationality and identity as prescribed by regulations and a valid visa 
26 
granted by the Philippine Consular Officer, if required under existing laws, rules, 
27 
regulations, or mUlti-lateral or bilateral agreements. 
28 
SEC. 43. Conditions and Period of Authorized Stay of Temporary Visitors. 
29 
-
The initial period of authorized stay of a foreign national admitted as a temporary 
30 
visitor under Section 33 of this Act shall not exceed two (2) months from the date of 
31 
arrival. Extensions of authorized stay may be granted under terms and conditions as 
32 
may be' prescribed by the Commissioner: Provided, That the total period of authorized 
33 
stay shall not exceed twenty-four (21) months: Provided further, That during the foreign 
34 
national's authorized stay: (a) he/she shall not take any employment, whether paid or 
35 
unpaid; (b) he/she shall not establish or join in any business; or (c) he/she shall not 
36 
enroll and become a student at a school, college, university, academy, or other 
37 
educational institution, unless he/she is granted, upon proper application, a conversion 
38 
to another immigration status provided under this Act. 
18 


• 
1 
SEC. 44. Conditions for Issuance of Pre-arranged Visas. -
A foreigner who 
2 
is coming to the Philippines for prearranged employment shall not be issued a non-
3 
immigrant visa referred to in Section 33 (g) until the Consular Officer shall have 
4 
received authorization for the issuance of the same. Such authorization shall be given 
5 
only upon the filing of a petition with the Board establishing, among others, that no 
6 
person can be found in the Philippines willing and competent to perform the work or 
7 
service for which the foreigner is desired and that his/her admission would be beneficial 
8 
to the public interest. The petition shall be under oath by the prospective employer or 
9 
his/her representative in the form and manner prescribed by the Board. 
10 
If the Board finds that the petition complies with the requirements of the 
II 
preceding paragraph and of other regulations, it shall grant the petition and shall 
12 
promptly transmit the authorization to the Department of Foreign Affairs and/or the 
13 
Consular Office concerned. 
14 
SEC. 45. Submission of Crew List and Passenger Manifest to the 
. 15 
Commission. -
Simultaneous to the vesse.I's departure from the port of origin, the 
16 
master. captain, agent, owner or consignee of any commercial vessel arriving to the 
17 
Philippines shall submit to the Commission, within a reasonable time prior to such 
• 
18 
arrival, the crew lists, passenger manifests and such other information concerning the 
19 
persons arriving on such a vessel. 
In the same manner and condition, the master, 
20 
captain, agent, owner or consignee of any commercial vessel departing from any port in 
21 
the Philippines shall submit to the Commission, within a reasonable time prior to such 
22 
departure, the crew list, passenger manifest and such other information concerning the 
23 
persons departing on such vessel. The crew list of an incoming sea craft shall be dlilly 
24 
visaed by the appropriate Consular Officer. 
25 
SEC. 46. Inspection of Crewmembers. - It shall be the duty of the master, 
26 
captain, agent, owner or consignee of any vessel arriving in the Philippines to have 
27 
available on board, for inspection by the Immigration Officer, any foreign crewmember 
28 
employed on such vessel and to detain such crewmember on board after inspection and 
29 
to remove such crewmember when required by the immigration authorities. 
No 
30 
crewmember on board such vessel shall be discharged while the vessel is in port 
31 
without the permission of the Commissioner. 
32 
SEC. 47. Permission for Temporary Landing of a Foreign Crewmember. -
33 
A foreign crewmember on a vessel arriving in the Philippines may be permitted to land 
34 
temporarily under such conditions as may be prescribed by the Commissioner. All 
35 
expenses incurred by the Commission while the crewmember is on land shall be borne 
36 
by the master. captain, agent. owner or consignee of the carrying vessel. 
37 
·CHAPTER 5 
38 
REFUGEE STATUS 
39 
19 


, 
1 
SEC. 48. 
Grant of Refugee Status. - Persons seeking refugee status may 
2 
apply for recognition as a refugee upon seeking admission at any port of entry or within 
3 
a reasonable time thereafter. Refug'ee status shall be granted after a determination by 
4 
the Board that an applicant meets the qualifications of a refugee as defined in Section 
5 
3(z) hereof. Refugee status shall not be granted to an applicant if he/she: 
6 
(a) has committed a crime against peace, a war crime, crime against humanity 
7 
or any other crime under intemational law; 
8 
(b) has committed a serious non-political crime outside the Philippines prior to 
9 
his admission as a refugee; or 
10 
(c) has been guilty of an act contrary to the purposes and principles of the 
11 
United Nations. 
12 
SEC. 49. Cessation of Refugee Status. - Refugee status granted under the 
13 
previous section shall cease if a refugee: 
'.14 
(a) Voluntarily repatriates himself/herself or has re-established himself/herself in 
15 
another State; 
16 
(b) Acquired a new nationality and enjoys the protection of such a State; or 
17 
(c) Can no longer continue to refuse to avail the protection of the country of 
18 
his/her nationality or, not having a nationality, is able to return to the country of former 
19 
habitual residence in view of the cessation of the reasons that resulted to his/her being 
20 
a refugee: Provided, That this ground shall not apply if a refugee is able to invoke 
21 
compelling reasons arising out of the previous persecution. 
22 
SEC. 50. 
Effect of Grant of Refugee Status to Refugee Dependents. -,A 
23 
spouse, minor child, and other dependents of a foreigner who is granted a refugee 
24 
status may, if not otherwise eligible under Section 48, be granted the same status as 
25 
the refugee to assure family unity or when it is in the public interest. 
26 
SEC. 51. Confidentiality of Information. - In proceedings for the recognition of 
. 27 
refugee status, the confidentiality of information shall be respected and no information 
28 
relating to the refugee shall be shared with the country of origin, directly or indirectly . 
• 
29 
SEC. 52. Burden of Proof. -
In proceedings for the recognition of refugee 
30 
status, the burden of proof lies with the applicant, subject to the principle of non-
31 
refoulment. 
32 
SEC. 53. Stay of Exclusion or Deportation. - Notwithstanding the provisions of 
33 
Sections 78 and 86, the exclusion from entry and deportation of a foreigner shall be 
34 
stayed during the pendency of an application for refugee status. Where grounds under 
35 
Section 78 are present, the refugee shall be allowed entry and the application shall be 
36 
immediately referred by the Immigratjon Officer to the Board. 
20 


, 
1 
SEC. 54. Detention of Refugee. - Detention of applicants for refugee status shall 
2 
only be resorted to in cases arising out of illegal entry or unauthorized stay after 
3 
consideration of other alternatives, as may be determined by the Commissioner. 
4 
CHAPTER 6 
5 
DOCUMENTATION AND ADMISSION OF IMMIGRANTS 
6 
7 
SEC. 55. Documentary Requirements of Immigrants; Instances When Not 
8 
Required. -
Immigrants must present for admission into the Philippines valid 
9 
passports or travel documents issued by the government of the country to which thflY 
10 
owe allegiance, showing their nationality and identity and valid visas issued by the 
11 
Consular Officer indicating the date of issue and the period of validity thereof. Immigrant 
12 
visas shall not be required of the following: 
13 
(a) A child born subsequent to the issuance of a valid immigrant visa to the 
'14 
accompanying parent; 
15 
(b) A child born during the temporary visit abroad of the mother who is a lawful 
16 
permanent resident of the Philippines and a holder of a valid reentry permit, if the child 
17 
is accompanied by either parent within five (5) years from the date of the child's birth; 
)8 
and 
19 
(c) A foreigner who is returning to an unrelinquished lawful permanent residence 
20 
in the Philippines after a temporary residence abroad and presents for admission a valid 
21 
reentry permit. 
22 
Chapter 7 
23 
Visa Issuance 
24 
25 
SEC. 56. Nature of Visa. -
Nothing in this Act shall be construed to 
26 
automatically entitle any foreign national to whom a visa or other travel document has 
27 
been issued to enter the Philippines if, upon arrival at a port of entry, he/she is found to 
28 
be inadmissible under this Act or any other law. 
29 
SEC. 57. Requirement of Issuance of Visa. - Under the conditions and subject 
30 
to the limitations prescribed in this Act or regulations issued hereunder, the 
31 
Commissioner may 
approve the' issuance of an 
immigrant visa 
upon 
the 
32 
recommendation of a Consular Officer in the following manner: 
33 
(a) 
An immigrant visa may only be issued to a foreign national who has made 
34 
a proper application therefor, which shall specify the foreign country, if any, to which the 
35 
quota the number is assigned, the ,immigrant's particular status in such country, the 
36 
preference to which the foreigner is classified, the date on which the validity of the visa 
37 
shall expire, and such additional information as may be required. 
38 
(b) 
The Department of Foreign Affairs, through its Consular Office abroad and 
39 
through the Office of the Visa Director, shall approve the issuance of a non-immigrant 
21 


1 
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 
28 
29 
30 
31 
32 
33 
34 
, 
visa to a foreign national who has made a proper application therefor in accordance with 
Section 33 of this Act. 
All diplomatic visas under Section 33 (e) of this Act shall be exclusively issued by 
the Department of Foreign Affairs in accordance with the Vienna Convention on 
Diplomatic Relations. 
All other non-immigrant visas under Section 33 shall be issued by the Consular 
Officer, when the application is made abroad, or may be issued by the Office of the Visa 
, 
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 
particular government office or agency can only be done in coordination with and upon 
recommendation of the government agency or office concerned. 
SEC. 58. 
Requirements for Physical and/or Mental Examination Prior to 
Issuance of Immigrant Visa. -
Prior to the issuance of an immigrant visa to any 
foreign national, the Consular Officer shall require such person to submit to a physical 
and mental examination in accordance with such regulations as may be prescribed by 
the Commissioner. 
In addition, said foreign national shall be required to personally 
plant fifty (50) trees, except when he/she is physically incapable of doing so, in which 
case, he/she may cause another person to plant the trees. 
SEC. 59. Validity of Visa. -
A non-immigrant or immigrant visa issued by a 
Consular Officer abroad pursuant to Section 57 of this Act shall be valid for a period qot 
exceeding six (6) months. In prescribing the period of validity of a non-immigrant visa, 
the Consular Officer shall, insofar as practicable, accord to such nationals the same 
treatment on a reciprocal basis as such foreign country accords to citizens of the 
Philippines who are within a similar class. An immigrant visa may be replaced under the 
original number during the calendat year in which the original visa was issued for a 
foreigner who establishes to the satisfaction of the Consular Officer that he/she was 
unable to use the original immigrant visa during the period of its validity for reasons 
beyond his/her control: Provided, That the foreign national is found by the Consular 
Officer to be eligible for another immigrant visa and has paid all the fees. 
SEC. 60. Denial of Visa, Grounds Thereof. -
The Consular Officer may deny 
the application for visa (a) if it appears from the statements in the application or in the 
documents submitted the applicant is not entitled to a visa under this Act; or (b) if 
he/she fails to comply with the requirements of the provisions of this Act. 
SEC. 61. Revocation of Visa Issued by Consular Officer. 
The 
35 
Commissioner may, for valid cause and upon confirmation of the Secretary of Foreign 
36 
Affairs, revoke the visa issued by any Philippine Consular Office. If the notice of 
37 
revocation is not received and the visa holder applies for admission into the Philippines, 
22 


1 
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 
his/her admission or entry shall be determined by the Immigration Officer upon his/her 
arrival at the port of entry. 
CHAPTERS 
RE·ENTRY AND. EMIGRATION CLEARANCE 
SEC. 62. Re-entry. -
Every time a registered foreign national, except a 
, 
temporary Visitor, departs or is about to depart temporarily from the Philippines with the 
intention to return, he/she rnust pay a re-entry fee. emigration clearance fee and head 
fee: Provided, That said foreign national returns to the Philippines within a period of one 
(1) year from his/her departure in order to maintain his/her visa category. Otherwise, 
he/she shall apply for an extensioJ;] of the period within which to return prior to its 
expiration and pay the prescribed fees and charges therefor: Provided, That if his/her 
. authorized stay is less than one (1) year, he/she shall pay a special return fee, 
emigration clearance fee and head fee for every departure: Provided, further, That in 
both cases, if the registered foreign national departs permanently from the Philippines, 
he/she shall surrender all his/her Philippine immigration documents to the Commission 
and apply for and be issued an Emigration Clearance Certificate upon payment of the 
prescribed fees and charges therefor, subject to the following conditions: 
(a) He/she has no pending obligation with the government or any of its agencies 
, 
or instrumentalities; 
(b) He/she has no pending criminal, civil, or administrative proceeding which 
requires his continued presence in the country; and 
(c) There is no ongoing legislative inquiry where he/she is called upon to testify 
as a witness . 
SEC. 63. Emigration Clearance. -
Any temporary visitor departing from the 
Philippines shall, after the expiration of his/her initial authorized stay, apply for 
27 
emigration clearance with the Commission and pay the prescribed fees and charges 
28 
therefor. 
29 
30 
31 
32 
33 
34 
35 
36 
CHAPTER 9 
PRESIDENTIAL PREROGATIVES 
SEC. 64. Presidential Prerogatives. -
Any provision of this Act to the contrary 
notwithstanding, the President may: 
(a) Deny the entry and admission into the Philippines of any foreign national or a 
class of foreign nationals whenever the President finds that the entry would be 
detrimental to the interest of the Philippines or impose such restrictions as he/she may 
37 
deem appropriate; 
. 38 
(b) Waive passport and/or d'ocumentary requirements for non-immigrants and 
39 
immigrants under such terms and conditions as he/she may prescribe; 
23 


1 
(C) Change the status of non-immigrants by allowing them to acquire permanent 
2 
residence status without necessity of a visa; 
3 
(d) Deport any foreign national; subject to the requirement of due process; 
4 
(e) Admit non-immigrants not otherwise provided for in this Act for humanitarian 
5 
considerations and when not detrimental to public interest, under such terms a~d 
6 
conditions as he/she may prescribe; 
7 
(f) Prohibit the departure from the Philippines of any person who is likely to 
8 
disclose national security information, or who is likely to organize a rebellion abroad 
9 
against the Philippines, or whose presence in the country is necessary to face, or be a 
10 
witness in, criminal proceedings; and, 
11 
(g) Exercise, with respect to foreign nationals in the Philippines, such powers as 
12 
are recognized by the generally accepted principles of intemationallaw. 
13 
TITLE IV 
14 
PROVISIONS RELATING TO ENTRY 
15 
16 
CHAPTER 1 
17 
CLASSIFICATION OF PORTS OF ENTRY 
18 
19 
SEC. 65. 
Authority to Classify Ports. - The Commissioner shall classify 
, 
20 
and designate, from among the ports of entry established by law for immigration 
21 
purposes, limited or unlimited ports of entry through which foreigners may be admitted 
22 
into the Philippines. Only such classes of foreigners as provided under the rules and 
23 
regulations prescribed by the Comllilissioner may be admitted at limited ports of entry . 
. 24 
The Commissioner may, after due notice to the public, close designated ports of entry in 
25 
the interest of national security or public safety. 
26 
CHAPTER 2 
27 
PROCEDURES ON ARRIVAL 
28 
29 
SEC. 66. Inspection by Immigration Officer. -
A foreigner seeking admission 
30 
or readmission shall present his/her valid passport and visa, if required, to the 
31 
immigration officer at the port of entry and shall be subject to primary inspection. The 
32 
decision of the examining Immigration Officer, if favorable to the admission of any 
33 
foreigner, may be challenged by another Immigration Officer. The final determination of 
, 
34 
admissibility of such foreigner shall be determined by the Commissioner in case no 
35 
resolution is reached between the Immigration Officers on the challenged admission. In 
36 
case of admission, the Immigration Officer shall indicate in the passport the date, the 
37 
port of entry and the identity of the vessel boarded . 
. 38 
SEC. 67. Detention or Quarantine for Examination. -
For the purpose of 
39 
determining whether a foreigner arriving at any port in the Philippines belongs to any of 
40 
the classes excludable under this Act by reason of being afflicted with any of the 
41 
contagious or communicable disease or mental disorder set forth under Section 78(a) of . 
24 


this Act or whenever the Commissioner has received information showing that 
2 
foreigners are coming from a country or a place where any of such diseases are 
3 
prevalent or widespread, the foreigner shall be detained or quarantined for a reasonable 
4 
period of time to enable the immigration and medical officers to subject such person'to 
5 
observation and examination. 
6 
SEC. 68. Medical Examination Requirement. -
Any arriving foreign national 
7 
whom the. examining Immigration Officer believes to belong under the class of 
8 
excludable foreign nationals specified in Section 78(a) herein shall be referred to 
9 
designated medical officers for physical and mental examination. Such medical officer 
10 
shall certify his/her findings for the information of the Immigration Officer. 
11 
SEC. 
69. Arrival Notice Requirements of Vessel. -
The immigration 
12 
authorities shall be given prior notice of the arrival of any civilian vessel before such 
13 
vessel comes into any area in the Philippines from any place outside thereof. Such 
14 
prior notice shall not be required in the case of vessels with scheduled arrivals filed with 
15 
the Immigration Officer in charge at the international port of entry. 
16 
If, upon arrival in any area other than the designated port and there is no 
, 
17 
available Immigration Officer therein,the master, pilot, captain, agent or consignee shall 
18 
not allow the passengers and crew members to disembark or leave the primary 
19 
inspection area until the immigration officer shall have conducted the primary inspection 
20 
formalities . 
. 21 
SEC. 70. Contents of Notice of Arrival. -
The advance notice of arrival 
22 
required in the preceding section shall specify the following: 
23 
(a) Type of vessel and registration marks; 
24 
(b) Visaed crewlist; 
25 
(c) Passenger manifest; 
26 
(d) Port of last departure; 
27 
(e) International port of intended destination, or other place authorized by the 
28 
Commissioner; 
29 
(f) Estimated time of arrival; and 
30 
(g) Authorized agent or representative at the place of arrival. 
31 
CHAPTER 3 
32 
FOREIGN CREWMEMBER 
33 
34 
SEC. 
71. Conditional Permit to Disembark. -
A foreign crewmernber of a 
·35 
vessel under Section 33(c) of this Act may be granted a conditional permit, in a form 
36 
prescribed by regulations, to disembark temporarily from the vessel on which he/she 
37 
arrived while such vessel remains in port under such terms and conditions as may be 
38 
prescribed by the Commissioner. 
25 


1 
SEC. . 72. Confiscation and Cancellation of Permit; Deportation from the 
2 
3 
Philippines. 
Upon the determination that the foreigner is 
crewmember or does not intend to depart on the vessel that 
not a bona fide 
brought him, the 
4 
Commissioner shall cancel and confiscate the conditional permit already issued, take 
5 
such foreigner into custody, and require the owner, operator, captain, master, pilot, 
6 
agent or consignee of the vessel on which the foreigner arrived to receive and detain 
7 
him/her on board. The expenses for his/her removal, including the cost of detel'ltion and 
8 
other expenses incidental thereto, shall be borne by the owner, operator, captain, 
9 
master, pilot, agent or consignee of such vessel. 
10 
SEC. 73. Liability for Overstaying Foreign Crewmen. -
A foreign crewmember 
11 
who remains in the Philippines in excess of the period allowed in the conditional permit 
12 
issued to him shall be solidarily liable with the owner, operator, captain, master, pilot, 
13 
agent or consignee of the vessel to pay the penalties prescribed in Section 126 of this 
14 
Act. 
15 
SEC. 74, Liability for Unauthorized Discharge of Foreign Crewmember. -
It 
, 
16 
shall be unlawful for any person, including the owner, operator, captain, master, pilot, 
17 
agent or consignee of any vessel to discharge any foreign crewmember employed a 
• 
18 
vessel arriving in the Philippines and whilst in port, without first obtaining the prior 
19 
permission of the Commissioner. Otherwise, such person or owner, operator, captain, 
20 
master, pilot, agent or consignee of the vessel shall pay the Commission such fines as 
21 
may be prescribed under this Act. No such vessel shall be granted clearance from any 
22 
port in the Philippines while such fines remain unpaid or while the validity thereof is 
23 
being determined: Provided, That a clearance may be granted prior to such 
24 
determination upon deposit of a sum or cash bond sufficient to cover such fines as 
25 
approved by the Commissioner. 
26 
SEC. 
75. Duty to Report Desertion or Illegal Landing of Foreign 
27 
Crewmember. -The owner, operator, captain, master, pilot, agent or consignee of any 
28 
vessel shall immediately report, in writing, to the immigration officer all cases of 
, 
29 
desertion or illegal disembarkation in the Philippines from the vessel, together with a 
30 
description of such foreigners and any information that shall result in their 
31 
apprehension. 
32 
SEC. 76. Requirement for Submission of List of Newly Employed, 
33 
Discharged and Illegally Landed Foreign Crewmember. -
Prior to the departure of 
34 
any vessel from the last port in the Philippines destined to any place outside thereof, the 
35 
owner, operator, captain, master, pilot, agent or consignee thereof shall deliver to the 
36 
Immigration Officer at that port a list containing: (a) the names of crewmembers who 
37 
were not employed thereon at the time of the vessel's arrival on such port but will depart 
38 
thereat on the same vessel; (b) the names of those, if any, who have been discharged; 
26 


(c) those who have deserted or illegally landed at that port, if any; and (d) such other 
2 
additional information as the Commissioner deems necessary. 
3 
SEC. 77. Liability for Failure to Submit Complete, True and Correct Report. 
4 
-
In case the owner, operator, captain, master, pilot, agent, or consignee, fails to 
5 
submit a true and complete list or report of foreigners, or to report cases of desertion or 
6 
illegal landing, he/she shall pay to the Commission such sum as may be prescribed 
7 
under this Act. 
No such vessel shall be granted clearance from any port in the 
8 
Philippines while such fines remain unpaid or while the validity thereof is being 
9 
determined: Provided, that clearance may be granted prior to such determination upon 
10 
deposit of a sum or cash bond sufficient to cover such fines as approved by the 
11 
Commissioner. 
12 
CHAPTER 4 
13 
EXCLUSIONS 
14 
15 
SEC. 78. Exclusion Grounds. - The following classes of foreign nationals shall 
16 
not be allowed entry and shall be excluded from the Philippines: 
17 
(a) 
Health Related Grounds 
18 
1. Those who are found to be suffering from a communicable, dangerous or 
19 
contagious disease; 
20 
2. Those who are found to be suffering from mental disorder or associated 
21 
behavior that may pose threat to persons or danger to property; 
22 
3. Those who are found to be suffering from addiction to prohibited or 
23 
regulated substance; 
24 
25 
26 
27 
28 
(b) 
Economic Grounds 
1. Those likely to become a public charge; 
2. Those seeking entry for the purpose of performing skilled or unskilled 
labor, without a permit from the Secretary of the Department of Labor and 
Employment as required by law; 
29 
(c) 
Moral Grounds 
30 
1. Those coming to the Philippines to practice polygamy or who advocate the 
31 
32 
33 
34 
35 
36 
37 
38 
39 
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 are engaged or who seek to engage in prostitution or to 
procure or attempt to procure prostitutes, or who receives in whole or in 
part the proceeds of prostitution; 
4. Those who, at the time of primary inspection, by the Immigration Officer 
exhibit any obnoxious behavior, contempt or disrespect for the said officer 
or any government official or Commission; 
27 


1 
(d) 
Criminal and Security Grounds 
2 
1. Those who have been convicted of a crime involving mora! turpitude or 
3 
who admit to the Immigration Officer having committed such crime, or who 
4 
attempt and conspire to commit the crime; 
5 
2. Those who have been convicted, or who admit having committed, or are 
6 
committing acts which constitute the elements of a violation or conspiracy 
7 
to violate any law or r~gulation of the Philippines or a foreign country 
8 
relating to a controlled, regulated or prohibited substance, or who attempt 
9 
or conspire to commit the crime; 
10 
3. Those that the Philippine Government knows or has reason to believe is a 
11 
trafficker of any controlled, regulated or prohibited substance or knows or 
12 
has reason to believe is or has been an accomplice, accessory, abettor, or 
13 
co-conspirator in the illicit trafficking of any controlled, regulated or 
14 
prohibited substance; 
15 
4. Those who are fugitives from justice; 
16 
5. Those who seek to enter the Philippines to engage in: 
17 
a. Espionage or sabotage, or a violation or evasion of any laws 
18 
prohibiting export of goods, technology or sensitive information; 
19 
b. Any activity aimed to promote membership in an organization of 
20 
syndicated criminal activities; 
21 
c. Any activity, the purpose of which is to overthrow the Philippine 
22 
government by force, violence or other unlawful means; and 
23 
d. Any other unlawful activity. 
24 
7. 
Those who are engaged .or believed to be engaged or likely to engage in, 
25 
aid, abet or finance any terrorist activity and members or representatives of a 
26 
foreign terrorist organization; 
27 
8. 
Those who have been identified by competent authorities, local 'or 
28 
foreign, 
as 
having 
engaged or are engaging in human trafficking and 
29 
smuggling; 
30 
9. 
Those who are under fifteen (15) years of age and unaccompanied by or not 
31 
coming to a parent, except that they may be admitted in the discretion of the 
32 
Commissioner, if otherwise admissible; and 
33 
10. Those who have been identified by competent authorities, local and foreign, 
34 
as having engaged or are engaging in importation of contra bands and other 
35 
prohibited articles into the country. 
36 
SEC. 78-A. Minor Persons/ Minority. - Persons under fifteen (15) years of age, 
37 
and not accompanied by or not coming to a parent, may be admitted: Provided, That the 
38 
written consent of either parent allowing them to travel is presented. The written consent 
28 


1 
must cite the purpose of the travel and must be affirmed by the Philippine Consular post 
2 
in the minor's country of origin. 
3 
SEC. 79. Temporary Detention of Excludable Foreigners. -
For the purpose 
4 
of ascertaining whether a foreigner arriving in the Philippines belongs to any of the 
5 
excludable classes of foreigners provided for in this Act or related laws, the Immigration 
6 
Officer, for a period not exceeding seventy-two (72) hours, may temporarily detain for 
7 
investigation such foreigner either on board the vessel or at a place designated for the 
8 
purpose at the expense of the master, captain, agent, owner or consignee of the 
9 
carrying vessel. 
10 
SEC. 80. Finality of Exclusion Order. -
An order by the Immigration Officer to 
11 
exclude a foreign' national who is excludable under Section 78 hereof is final and 
, 
J 2 
executory unless revoked by the Commissioner upon a timely appeal prior to the 
13 
implementation of the exclusion order. 
14 
SEC. 81. Authority to Waive' Grounds for Exclusion. -
Except for grounds of 
15 
exclusion under Section 78(d), subparagraphs 1 to 8 and subparagraph 9, the 
. 16 
Commissioner may waive any of the grounds for exclusion mentioned therein. 
17 
SEC. 82. Procedure of Removal and Cost Thereof. -
Any foreign national 
18 
arriving in the Philippines who is ord'ired excluded shall be immediately removed in the 
19 
same accommodation to the country where he/she boarded the vessel on which he/she 
20 
arrived, unless the Commissioner determines that immediate removal is not proper and 
21 
practicable. The cost of detention and other expenses incidental thereto Shall be borne 
22 
by the owner, operator, master, pilot, captain, agent or consignee of the vessel on which 
. 23 
he/she arrived. 
24 
SEC. 83. Country Where Removal is to be Directed. -
If the government of 
. 
, 
25 
the country designated in the preceding section will not accept the foreign national into 
26 
its territory, his/her removal shall be directed by the Commissioner in his/her discretion 
27 
and without necessarily giving preference, either to: 
28 
(a) The country which he/she is a citizen or national; 
. 29 
(b) The country of birth; 
30 
(c) The country of his/her habitual residence; or 
31 
(d) The country willing to accept the foreign national into its territory, if removal to 
32 
any of the foregoing countries is impractical or impossible. 
33 
SEC. 84. Obligation of Owner, Operator, Master, Captain, Pilot, Agent or 
34 
Consignee. -
It shall be unlawful for an owner, operator, master, captain, pilot, agent, 
35 
or consignee of a vessel to refuse orfail to: 
36 
(a) Board a foreigner ordered excluded and removed under Section 78 hereof in 
37 
the same vessel or another vessel owned or operated by the same company; 
, 
29 


• 
(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 ordered 
4 
by such officer; 
5 
(d) Remove a foreign national from the Philippines to the country to which his/her 
6 
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-cQmpliance of Obligation. -
The owner, operator, 
11 
master, captain, pilot, agent, or consignee of a vessel who violated Section 84 her~of 
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 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
TITLE V 
DEPORTATION 
CHAPTER 1 
DEPORTABLE FOREIGN NATIONALS 
SEC. 86. Classes of Deportable Foreigners. - The following foreigners shall be 
arrested upon the order of the Commissioner and deported upon recommendation by 
, 
the Board of Special Inquiry and approval by the Board: 
(a) Those who entered the Philippines by means of false and misleading 
statements or documents, misrepresentations or without inspection and admission by 
the immigration authorities; 
(b) Those who entered the Philippines who were not lawfully admissible at the time 
of entry; 
(c) Those who engage, abet or aid in the practice of prostitution including the 
owner, manager or inmates of a house of prostitution or are procurers, pedophiles or 
sexual perverts; 
(d) Those who, at any time after the date of entry, have become a public charge; 
(e) Those who remain in the Philippines in violation of any period of limitation or 
condition under which they were admitted; 
• 
(f) Those who believe in, advise, advocate or teach the overthrowing by force ard 
violence of the Government of the Republic of the Philippines, or duly constituted 
authority, or those who do not believe in or are opposed to organized governments, or 
30 


1 
those who advise, advocate or teach the assault or assassination of public officials by 
2 
reason of their office, or those who advise, advocate or teach the unlawful destruction of 
3 
property, or those who are members of or affiliated with any organization entertaining, 
4 
advocating or teaching such doctrines, or those who in any manner whatsoever extend 
5 
assistance, financial or otherwise, in the dissemination of such doctrines; 
6 
(g) Those who, at any time after entry, engage in, abet, aid or finance any terrorist 
7 
activity; 
8 
(h) Those who commit any violation of. the provisions of this Act, independent of 
9 
any criminal action which may be brought against them: Provided, however, That in the 
, 
10 
case of a foreigner who, for any rElason, is convicted and sentenced to suffer both 
11 
imprisonment and deportation, said foreigner shall first serve the entire period of his/her 
12 
sentence before being deported: Provided, further, That the penalty of imprisonment 
13 
may be waived by the President upon payment by the foreigner concemed of such 
. 14 
costs, fines and/or damages, if any, awarded to the govemment or any aggrieved party,; 
15 
(i) Those who, at any time after entry, are engaged in acts or omissions 
16 
punishable under Philippine penal laws cognizable by the Regional Trial Courts and the 
17 
Sandiganbayan; 
18 
(j) Those who, at any time after entry, are convicted by final judgment of a crime 
19 
punishable under Philippine penal laws cognizable by the first level courts; 
20 
(k) Those who are guilty of any offense penalized under the naturalization laws of 
21 
the Philippines or any law relating to·the acquisition of Philippine citizenship; 
22 
(I) Those who defraud their creditors by absconding or alienating properties to 
, 
23 
prevent their attachment or execution; 
24 
(m)Those who were admitted as non-immigrants and who obtained an adjustment 
25 
of their admission status for convenience, or through fraud, falsification of documents, 
26 
misrepresentations or concealment of material facts; 
27 
(n) Those who violated Philippine labor and taxation laws, rules and regulations; 
28 
(0) Those who, upon prior investigation and hearing, are found to be undesirable 
29 
and whose further stay in the Philippines is inimical to public welfare and interest, or the 
30 
dignity of the Filipinos, or the Republic of the Philippines as a sovereign nation; 
31 
(p) Those who forge, counterfeit, alter or falsely make any document; or use, 
32 
attempt to use, possess, obtain, accept or receive or provide any forged, counterfeit, 
33 
altered or falsely made document; or use, attempt to use, provide, attempt to provide, 
34 
accept or receive a genuine document, even of another person, without authority to do 
35 
so for the purpose of satisfying or complying with the requirements for his/her stay in \he 
36 
Philippines; and 
37 
(q) Those whose presence or activities in the country may result in adverse 
38 
consequences to Philippine foreign policies as determined by the Secretary of Foreign 
31 


1 
Affairs. 
2 
SEC. 87. Non-Prescription of Deportation Cases. - The right of the State to 
3 
initiate at any time deportation proceedings shall not prescribe: Provided. That no 
4 
deportation proceedings and orders shall be had against foreigners facing preliminary 
5 
investigation, prosecution and trial before competent authorities. 
6 
7 
8 
9 
10 
11 
12 
. 13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
·26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
SEC. 88. 
CHAPTER 2 
DETENTION AND DEPORTATION OF FOREIGN NATIONALS 
Issuance of Summons. -
If the Commissioner determines that 
there exists a reasonable ground to deport a foreigner pursuant to Section 86 of this 
Act, he/she may issue summons requiring the foreigner to appear in person before the 
designated investigating officer at the time, date and place stated therein . 
SEC. 89. Authority to Issue· Letter Order. -
The Commissioner may issue a 
letter order if he/she determines that a probable cause exists for the filing of deportation 
charges against a foreigner for violation of immigration and other related laws, rules and 
regulations or there is a strong probability that a deportable foreigner may flee from 
his/her place of abode, go into hiding or surreptitiously leave the country. 
SEC. 90. Formal Charge of Deportation. - A formal charge for deportation shall 
be issued upon determination of the existence of a prima facie case against the 
foreigner. Pending final determinatiqn of his/her deportation case, the foreigner shall, 
• 
upon the discretion of the Commissioner: (a) remain under detention; or (b) be released 
on bail or recognizance. The bail may be revoked and confiscated in favor of the 
government if there is sufficient evidence that the foreigner is evading the proceedings 
or is attempting to abscond, in which case he/she shall be taken into custody and 
placed under detention by order of the Commissioner. 
SEC. 91. 
Detention of a Foreigner Convicted of a Felony or an Offense. 
- After service of his/her sentence or compliance with the conditions of his/her parole or 
probation, as the case may be, the foreigner shall be taken into custody and placed 
under detention by order of the Commissioner. Pending final determination of the 
deportation case, the foreigner may be ordered released under such terms and 
conditions prescribed by the Commissioner. 
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 at his/her own expense, the Commissioner may waive the deportation 
proceedings and order the departure within the period specified in the voluntary 
deportation order, except in cases of violations of laws such as Republic Act No. 8042 
otherwise known as the "Migrant Workers and Overseas Filipinos Act of 1995": 
32 


1 
Provided, That he/she has not committed any criminal offense or has no pending case 
2 
in court: Provided, further, That the said foreigner so deported shall be barred from re-
3 
entering the country without prior written authorization from the Commissioner. 
4 
SEC. 93. 
Contents of an Order or Warrant of Deportation. - The order or 
5 
warrant of deportation shall be in the form prescribed by the Commissioner and shall 
6 
state the grounds therefor, the specific place where the foreigner is to be deported and 
7 
the period within which to execute such order. 
8 
SEC. 94. 
Period to Enforce Order of Deportation. - The order of deportation 
9 
shall be enforced immediately but in no case shall exceed three (3) months from the 
10 
date it has become final and executory. 
If deportation is not enforced within the 
11 
prescribed period for reasons beyond the control of the Commissioner, the foreigner 
'12 
shall remain in custody, 
13 
SEC. 95. 
Suspension of Deportation Order. - Upon application and payment 
14 
of the prescribed fees by the concemed foreigner, the Commissioner may suspend the 
15 
implementation of the deportation order and order his/her release for good cause, taking 
16 
into account the following factors: 
17 
(a) Age, health, family or condl\ct; 
18 
(b) Period of detention; 
19 
(c) Impact on national security and public welfare; 
20 
(d) Unavailability of travel documents; 
21 
(e) Existence of an application for refugee status; or 
22 
(f) Other humanitarian considerations. 
23 
SEC. 96. 
Reinstatement of a Deportation Order. -
A deportation order 
24 
previously implemented against a foreigner who unlawfully re-entered the Philippines 
25 
shall be deemed automatically reinstated and shall be implemented in accordance with 
26 
this Act. This provision shall also apply to a foreigner who departed voluntarily under 
27 
Section 92 hereof. 
28 
SEC. 97. Country of Destination of a Deportee. - Except as provided for under 
29 
existing treaty or intemational agreement, a foreigner shall be deported to the country of 
30 
which he/she is a citizen or national, or to the country of his/her birth, or to the country 
31 
of which he/she is a resident, or to the country from which he/she embarked for the 
32 
Philippines, subject to the acceptanc(l by the receiving country. 
33 
SEC. 98. Existence of Danger in the Country Where a Foreigner is to be 
34 
Deported. - No foreigner shall be deported to a country where there exists a danger to 
35 
his/her life or freedom on account of race. religion. nationality, political opinion or 
36 
membership in a particular political or social group, except in the following 
37 
circumstances: 
38 
(a) 
The foreigner participated, induced or cooperated in the persecution of 
33 


1 
any person on account of race, religion, nationality; political opinion or membership in a 
2 
particular political or social group in the country where he/she is to be deported; 
• 
3 
(b) The foreigner is a fugitive from justice in the country where he/she is to be 
4 
deported; 
5 
(c) The foreigner committed a serious non-political crime in the country where 
6 
he/she is to be deported; or 
7 
(d) The foreigner is undesirable in and/or a danger to the national security of the 
8 
Philippines. 
9 
SEC. 99. 
Cost of Deportation. - The cost of deportation shall be bome by 
10 
the owner, operator, captain, master, pilot, agent or consignee of a vessel in case its 
. 11 
foreign crew member is to be deported for violation of Section 100 of this Act. In all 
12 
other cases, the cost of deportation shall be borne by the deportee himself/herself, the 
13 
concerned consular office, nongovernment organizations or people's organizations with 
14 
which the Commission has an agreement on this matter, or from the appropriations for 
15 
the enforcement of this Act. 
16 
SEC. 100. 
Liability of Owner, Operator, Captain, Master, Pilot, Agent or 
17 
Consignee of a Vessel. - Failure or, refusal on the part of the owner, operator, captain, 
18 
master, pilot, agent or consignee of a vessel to take on board, guard safely and 
19 
transport the deportee to his/her country of destination, or to shoulder the cost 'of 
20 
deportation of the foreign crew member as provided in Section 99 hereof, shall be 
21 
punished by an administrative penalty prescribed under this Act. 
22 
SEC. 101. 
Expenses of Accompanying Person. - The Commissioner may, 
23 
by reason of the mental or physical condition of the deportee, direct an employee of the 
24 
Commission to accompany such deportee to the country of his/her destination, subject 
25 
to the provisions of the immediately preceding sections. 
26 
CHAPTER 3 
27 
28 
SEC. 102. 
INDIGENT FOREIGNERS 
Deportation otlndigent Foreigners. - At any time after entry, the 
29 
Commissioner may deport indigent foreigners from the ~hilippines to the country of 
30 
which they are citizens or nationals, or country of birth, or country of residence, as the 
31 
case may be. The cost of deportation may be charged against the available funds of the 
32 
Commission. Any foreigner deported under this section shall be barred re-admission 
33 
except upon written authorization of the Commissioner. 
34 
This provision shall not apply to a foreigner declared as an indigent by any 
35 
Philippine court for purposes of filing a case or to pursue a cause of action which 
36 
resulted in his/her indigency until such action is resolved with finality: Provided, That no 
37 
other grounds for deportation exist during the pendency of the same. 
38 
TITLE VI 
34 


I 
MISCELLANEOUS PROVISIONS 
2 
3 
CHAPTER 1 
4 
REGISTRATION OF FOREIGN NATIONALS 
5 
6 
SEC. 103. R~quirement of Registration. -
All foreigners must register with the 
7 
Commission or any Immigration Office nearest his/her place of residence on or befclre 
8 
the sixtieth (60th ) day of his/her arrival in the Philippines. 
9 
SEC. 104. Registration Form and Oath. -
Applications for registration shall be 
10 
under oath and in such form as prescribed by the Commission. Upon registration, a 
11 
certificate of registration shall be issued by the Commission to the registrant. In case of 
12 
loss or destruction of the certificate, a replacement thereof may be issued by the 
13 
Commission upon proper application and payment of prescribed fees. 
14 
SEC. 105. Amendment of Registration. -
A registered foreign national shall 
15 
notify the Commission in writing of. any change of information in his/her registration 
16 
documents not later than seven (7) days thereof. 
17 
SEC. 
106. Presentation of Certificate of Registration. -
Every foreigner 
18 
required to register under this Act or the parent or guardian of such foreigner shall, upon 
19 
demand of any authorized immigration official, present his/her certificate of registration, 
, 
20 
and failure to do so without justifiable cause shall be dealt with in accordance with the 
21 
provisions of this Act. 
22 
SEC. 107. Reportorial Requirements. -
Every foreigner registered under this 
23 
Act shall, within the first sixty (60) days of every calendar year, report in person to the 
. 24 
Commission subject to the payment of prescribed fees. The parent or legal guardian of 
25 
foreigners below fourteen (14) years of age shall have the duty to comply with the 
26 
requirements prescribed under this Act. 
27 
SEC. 108. Failure to Comply with Requirements. -
A foreigner, or his/her 
28 
parent or guardian, as the case may be, who, without justifiable reason, fails to comply 
29 
with all the requirements under this Act, or who files an application for registration 
30 
containing statements known by him/her to be false, or who utilizes registration 
31 
documents other than his/her own, shall be dealt with in accordance with the provisions 
32 
of this Act and other existing laws. 
, 
33 
SEC. 109. Cancellation of Registration of Foreign National. -
In case of death 
34 
of a foreigner registered under the provisions of this Act, his/her legal heir, 
35 
. representative or administrator must inform the Commission within sixty (60) days from 
36 
death and the Commission shall cancel such registration. The Local Civil Registrar or 
. 37 
other civil registry officer of the locality where said foreigner died shall furnish the 
38 
Commission with a copy of the Certificate of Death within thirty (30) days from issuance 
39 
thereof. Failure on the part of the persons concerned to comply with the requirements of 
40 
this section shall be dealt with pursuant to the provisions of this Act. 
35 


, 
, 
1 
CHAPTER 2 
2 
BONDS AND DEPOSITS 
3 
SEC. 110. 
Bonds, When Required. -
The Commission shall have the 
4 
authority to require cash bonds in such amounts and under such conditions as it IllPY 
5 
prescribe: 
6 
(a) To control and regulate. the admission into, and departure from, the 
7 
Philippines of foreigners applying for temporary admission; 
8 
(b) To insure against foreign passengers liable to be excluded as likely to 
9 
become public charges; and 
10 
(c) To insure the appearance of foreigners released from custody during the 
11 
course of deportation proceedings instituted against them. 
12 
SEC. 111. Requirement of Cash Deposits for Overtime Services. -
The 
13 
Commission shall likewise have the authority to require cash deposits in such amounts 
14 
as may be necessary from vessel's' owner, operator, captain, master, pilot, agent, or 
15 
consignee or other persons served to cover payments for overtime services to be 
16 
performed by officers and employees of the Commission. 
17 
SEC. 112. Cancellation and Forfeiture of Bonds. - When the conditions.of 
18 
the bond are fulfilled, or in case of a I:)ond posted to insure against a foreigner becoming 
19 
a public charge, when the Commissioner decides that the likelihood no longer exists, or 
20 
death of the foreigner in whose behalf the bond is posted, the bond shall be cancelled 
21 
and released to the depositor or his/her legal representative. In case of violation of the 
22 
conditions of the bond, the same shall be forfeited and deposited in a trust fund account 
23 
which may be utilized for the purchase of passage tickets of indigent deportees and to 
24 
cover the costs of operations in the arrest of a deportee who jumps bail. 
25 
CHAPTER 3 
26 
RECOGNIZANCE 
27 
SEC. 113. 
Petitions for Recognizance, Sanction for Breach of Conditions. 
28 
The Commissioner may order the release of a foreigner upon recognizance of 
29 
his/her lawyer or a person who is of good standing in the community, under such 
30 
terms and conditions as he/she may prescribe. Failure to comply with the terms and 
31 
conditions of the recognizance shall subject said lawyer or person to a fine of not less 
32 
than Fifty thousand pesos (P50,000.00) but not more than One hundred thousand 
33 
pesos (Pi 00,000.00), without prejudice to other administrative sanctions and/or 
34 
proceedings against the erring party. 
35 
CHAPTER 4 
36 
COOPERATION AND COORDINATION WITH OTHER OFFICES 
37 
36 


• 
1 
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 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
• 
SEC. 114. Working Cooperation with the Department of Foreign Affairs. -
For purposes of efficient implementation and administration of this Act, the Commission 
shall maintain a working cooperation with the Department of Foreign Affairs. 
, 
SEC. 115. Working Cooperation with the Commission on Higher Education. 
- The Commission shall maintain a working cooperation with the Commission on Higher 
Education with respect to accreditation of schools and learning centers for enrolment of 
foreign students as authorized under this Act. 
SEC. 116. Coordination with Law Enforcement, Security and Other Offices. 
-
The Commissioner shall have authority to maintain coordination with the National 
Security Council, the Philippine National Police, and other law enforcement agencies of 
the government. 
CHAPTER 5 
FEES AND CHARGES 
SEC. 117. Authority of the Commissioner to Prescribe, Impose and Col/ect 
Fees and Charges. -
The Commissioner is authorized to prescribe, impose and 
collect fees and charges for services rendered pursuant to the provisions of this Act, 
which shall take effect fifteen (15) days after the last publication thereof for two (2) 
consecutive weeks in a newspaper of general circulation. 
SEC. 118. Head Fee. -
Every foreign national who is aU east fourteen (14) 
years of age and admitted to the Philippines for a temporary stay exceeding sixty (60) 
days shall pay a head fee in an amount to be fixed by the Board. 
CHAPTER 6 
ADMINISTRATIVE FINES AGAINST VESSELS 
SEC. 119. 
Fine for Failure to Submit Crew List or Passenger Manifest, or 
Failure to Account Every Passenger and Crew. -
Any pilot, master, agent, owner or 
consignee of a vessel arriving at any port in the Philippines from a place outside thereof 
who fails to submit to the immigration authorities a complete and accurate crew list or 
passenger manifest, or fails to produce or account every crewmember or passenger 
whose name appears in said list or manifest shall be subject to fines of One hundred 
thousand pesos (P100,000.00) and Fifty thousand pesos (P50,000.00) for 
each 
unaccounted person, respectively. 
SEC. 120. Fine for Violation of Obligation on the Landing or Removal of 
Foreigners. -
A pilot, master, agent, owner or consignee of any vessel arriving at a 
port of the Philippines from a place outside thereof in violation of this Act shall be fined 
not 
less than Fifty thousand pesos (P50,000.00) but not more than Two hundred 
• 
thousand pesos (P200,000.00) for each violation. 
SEC. 
121. Fine for Bringing Undocumented Foreigner, or Foreigner 
Afflicted with Communicable or Contagious Disease, or Suffering from Mental 
37 


• 
Disorder. -
The pilot, master, agent, owner or consignee of the vessel arriving at a 
2 
port in the Philippines from a place outside thereof bringing on board an undocumenftld 
3 
foreigner shall be fined One hundred thousand pesos (P1 00,000.00) for each foreigner. 
4 
If the foreigner is afflicted with a communicable or contagious disease or is suffering 
5 
from mental disorder, the fine shall be not less than Two hundred thousand pesos 
6 
(P200,OOO.00) but not more than Three hundred thousand pesos (P300,OOO.00) for 
7 
each foreigner. 
8 
SEC. 122. 
Fine for Bringing a Foreigner to Assist His II/egal Entry or 
9 
Misrepresenting a Foreigner as a Member of the. Crew. -
The pilot, master, agent, 
10 
owner or consignee of the vessel arriving at any port in the Philippines from a place 
11 
outside thereof bringing on board a foreigner bound for the Philippines to assist his/her 
12 
illegal entry, or misrepresenting the foreigner to the immigration officer at the port of 
13 
arrival as a bona fide member of the crew, shall be fined not less than One hundred 
J 4 
thousand pesos (P100,OOO.00) but not more than Two hundred thousand pesos 
15 
(P200,OOO.00) for each foreigner. 
16 
SEC. 123. 
Fine for Violation of Other Provisions of this Act. -
The pilot, 
17 
master, agent, owner or consignee of any vessel arriving at any port of the Philippines 
18 
from a place outside thereof who violates any other provision of this Act not specifically 
. 19 
provided in this Chapter shall be fined not less than Fifty thousand pesos (P50,OOO.00) 
20 
but not more than Two hundred thousand pesos (P200,OOO.00) for each violation. 
21 
• CHAPTER 7 
22 
OTHER PENAL PROVISIONS 
23 
24 
SEC. 124. Other Prohibited Acts and Penalties Thereof. - Any person who 
25 
shall commit any of the acts specified hereunder shall, upon conviction, suffer the 
26 
penalty of prision correccional in its maximum period to prision mayor in its minimum 
27 
period or a fine of not less than One hundred thousand pesos (P100,OOO.00) but not 
28 
more than Five hundred thousand pesos (P500,OOO.00) or both, at the discretion of the 
29 
court: 
30 
(a) Impersonates another individual, or falsely appears in the name of a 
31 
deceased individual, or evades the immigration laws by using an assumed or fictitious 
32 
name when applying for an immigration document; 
33 
(b) Issues or otherwise disposes of an immigration document or an immigration 
34 
accountable form, to any person not authorized by law to receive such documents; 
35 
(c) Obtains, manufactures, prints, accepts or uses any immigration or travel 
36 
document knowing it to be false or uses immigration accountable form that is not legally 
37 
issued; 
38 
, 


, 
1 
(d) Enters the Philippines without inspection and admisskm by the immigratipn 
2 
authorities, or obtains entry into the Philippines by fraud, misrepresentation, or 
3 
concealment of material facts; 
4 
(e) Misrepresents himself/herself to be a Philippine citizen; 
5 
(f) Knowingly makes under oath any false statement regarding any immigration 
6 
matter; or 
7 
(g) Brings into, or lands in the Philippines, or conceals, harbors, employs, or 
8 
gives comfort to any person not duly admitted by any immigration officer or not lawfully 
9 
entitled to enter into or resides within the Philippines, or attempts, conspires with, or 
10 
aids another to commit any such acts. 
11 
Where the offender of any acts specified in paragraph (g) of this section is a 
12 
corporation, company, partnership or other juridical entity, the president, general 
13 
manager, managing partner, or chief executive officer thereof shall be held liable. 
14 
Dismissal of the employee by the employer before or after apprehension shall not 
15 
relieve such employer from any liability arising from the offense: Provided, That jf the 
16 
offender is the pilot, master, agent, owner, consignee, or other person in charge of the 
17 
vessel which brought the foreigner into the Philippines from any place outside thereof, 
18 
the fine imposed under this section shall constitute a lien against the vessel which may 
19 
be enforced in the same manner as fines are collected and enforced under existing 
20 
laws. Such vessel shall not be allowed to depart without prior clearance issued by the 
21 
Commission. Where forfeiture is justified under the particular circumstances of the case, 
22 
the forfeiture of the vessel in favor of the government in lieu of the fine shall be decreed. 
23 
Conviction by final judgment of any offense punishable under this Act or other 
24 
related laws shall result in the automatic revocation or cancellation of any immigration 
25 
document issued to the offender, including that of his/her spouse and unmarried 
26 
children, if applicable. 
27 
SEC. 125. Penalty for Non-compliance of Subpoena. -
Any person who, 
28 
having been duly served with a subpoena, fails to comply without valid and justifiable 
29 
reasons shall, upon conviction, suffer the penalty of imprisonment of not more than 
30 
fifteen (15) days or a fine of not more than One thousand pesos (P1 ,000.00), or both, at 
31 
the discretion of the court. 
32 
SEC. 126. Penalty for ah Overstaying Crewmember. -
Any foreign 
33 
crewmember who wilfully remains in the Philippines beyond the period allowed him/her 
34 
for temporary landing shall, upon conviction, suffer the penalty of imprisonment of six 
35 
(6) months or fine of not less than Fifty thousand pesos (P50,000.00) but not more than 
36 
One hundred thousand pesos (P1 00,000.00), or both, at the discretion of the court. 
37 
SEC. 127. 
Imposition of Maximum Penalty, When Applicable. - A person 
38 
convicted under Republic Act No. 3019, as amended, otherwise known as the "Anti-
39 


, 
Graft and Corrupt Practices Act", or other laws against corruption and bribery who shall 
2 
violate or circumvent any provisions of this Act shall, upon conviction, suffer the 
3 
maximum penalty for such offense as provided under this Act. 
4 
5 
CHAPTER 8 
6 
FUNDING 
7 
8 
SEC. 128. Funding. -
In aadition to its annual budget under the General 
9 
Appropriations Act, the Commission is hereby authorized to retain and use thirty percent 
10 
(30%) of its income derived from collection of immigration fees, fines, penalties and 
11 
charges for maintenance and other operating expenses, intelligence and law 
12 
enforcement, information and comml,Jnication technology infrastructure, transportation 
. 
. 
13 
facilities and other capital outlay expenditures. The Commission is likewise hereby 
14 
authorized to retain and use its income in excess of the prescribed collection target. 
15 
CHAPTER 9 
16 
TRANSITORY PROVISIONS 
17 
18 
SEC. 129. Staffing Pattern and Salary Schedule. -
To carry out the 
19 
provisions of this Act, the Commissioner shall submit a new staffing pattern and salary 
• 
. 20 
schedule for personnel services to the Secretary of the Department of Budget and 
21 
Management for approval, which shall be in accordance with the Salary Standardization 
22 
Law and other applicable laws under the National Compensation and Classification 
23 
Plan. 
24 
SEC. 130. Reorganization of the Commission. -
Upon approval of this Act, 
25 
all employees of Bureau of Immigration covered by the civil service law and 
26 
regulations 
shall 
continue 
to 
hold 
their 
present 
positions 
pending 
the 
27 
reorganization of the Commission in accordance with the new staffing pattern: 
28 
Provided, That the salaries, wages, allowances and other benefits of incumbent officers 
, 
29 
and employees of the Commission shall not be subject to diminution: Provided, further, 
30 
That 
in 
the 
event that 
the 
positions are 
abolished in accordance with the 
31 
reorganization, the affected employees shall be retained. 
Provided, finally, That 
32 
employees who have been dismissed for cause shall no longer qualify for any position 
. 33 
in the Commission. 
34 
SEC. 131. Inventory and Transfer of Properties, Accounts, Assets, 
35 
Liabilities and Obligations to the Commission. -
All buildings, properties, 
36 
equipment, facilities, accounts, other assets, liabilities and other obligations as well as 
37 
records of the Bureau of Immigration shall be properly inventoried and transferred to the 
38 
Commission. 
40 


SEC. 132. 
Treaty or Agreement. -
Any treaty or agreement entered into 
2 
between the Philippines and any foreign state before the effectivity of this Act shall 
• 
3 
remain in force and effect. 
4 
SEC. 133. Pending Cases. - Any prosecution, suit, action, proceeding, or any 
5 
act or matter, civil or criminal, pending at the time of the effectivity of this Act shall not 
6 
be affected by the provision of this Act unless otherwise applicable. 
7 
CHAPTER 10 
8 
A DMINISTRA TlON AND IMPLEMENT A TlON 
9 
10 
SEC. 134. Administration and Implementation Abroad. - The administration 
11 
and implementation of this Act abroad, including the rules and regulations as well as 
12 
policies arising from it shall be the responsibility of the Department of Foreign Affairs 
13 
through Philippine diplomatic and consular establishments. 
14 
15 
SEC. 135. Implementing Rules and Regulations. -
The Commission, upon 
16 
consultation with the Department of Foreign Affairs and other concerned government 
17 
agencies or offices and subject to the approval by the Secretary, shall promulgate the 
. 18 
rules and regulations for the implem~ntation of this Act within one hundred twenty (120) 
19 
days from its effectivity. 
20 
CHAPTER 11 
21 
FINAL PROVISIONS 
22 
23 
SEC. 136. Separability Clause. -
If any of the provisions of this Act is held 
24 
invalid or unconstitutional the otller provisions not affected thereby shall continue to be 
25 
in force and effect. 
26 
SEC. 137. 
Repealing Clauses. - (a) Commonwealth Act No. 613, otherwise 
27 
known as the Philippine Immigration Act of 1940, as amended, is hereby repealed; (b) 
28 
All laws, presidential decrees, executive orders, proclamations, memorandum orders, 
29 
instructions, rules and regulations or parts thereof inconsistent with this Act are hereby 
30 
amended or modified accordingly. 
• 
31 
SEC. 138. Effectivity Clause. -
This Act shall take effect fifteen (15) days after 
32 
its complete publication in the Official Gazette or in two (2) newspapers of general 
33 
circulation. 
34 
Approved, 
41