Hits *
NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
SENATE
s. No. 1085
of tl;e ^ r tt.up
•22 AUG-8 PI 33
RECEIV:;DBY.
Introduced by Senator Jinggoy Ejercito Estrada
AN ACT
MODERNIZING THE BUREAU OF IMMIGRATION BY DEFINING ITS 
POWERS AND FUNCTIONS, EXPANDING, RATIONALIZING AND 
FURTHER PROFESSIONALIZING ITS ORGANIZATION, UPGRADING 
THE COMPENSATION AND BENEFITS OF ITS OFFICIALS AND 
EMPLOYEES, AND APPROPRIATING FUNDS THEREFOR
EXPLANATORY NOTE
It is incumbent upon Congress to pass a law amending one of the most 
important pieces of legislation. Commonwealth Act No. 613, otherwise known 
as the Philippine Immigration Act of 1940. Commonwealth Act No. 613 was 
passed almost eighty-two (82) years ago. Since then, there have been 
significant changes in the social, economic, and political milieu, as well as 
major technological advancements. As such, the Bureau of Immigration should 
be able to adapt to the changing times and be responsive to the needs of the 
people. The agency is a vital component of government and an Integral factor 
in the development of the country through the promotion of investments, trade 
and commerce, and tourism.
This bill seeks to reorganize and strengthen the Bureau of Immigration 
which shall be principally responsible for the administration and enforcement of


immigration, alien registration, citizenship laws, among others. Additionally, 
there is a need to systematize the procedures for immigrants and non­
immigrants as weil as provide for penalties for foreigners or aliens engaged in 
unlawful activities.
This version of the bill is the Committee Report version reported out by 
the Committee on Justice and Human Rights in the 18th Congress, which was 
sponsored by Senator Richard 3. Gordon.
In view of the foregoing, passage of this bill Is earnestly sought.
INGGOY EJERCITO ESTRADA


NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
SENATE 
S. No.
5
‘©fftcp of tl)e & ."i. i‘tr
*22 AUG-8 PI 34
Introduced by Senator Jinggoy Ejercito Estrada
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To
AN ACT
MODERNIZING THE BUREAU OF IMMIGRATION BY DEFINING ITS 
POWERS AND FUNCTIONS, EXPANDING, RATIONALIZING AND 
FURTHER PROFESSIONALIZING ITS ORGANIZATION, UPGRADING 
THE COMPENSATION AND BENEFITS OF ITS OFFICIALS AND 
EMPLOYEES, AND APPROPRIATING FUNDS THEREFOR
Be it enacted by the Senate and the House of Representatives of the 
Philippines in Congress assembled:
TITLE I
GENERAL PROVISIONS
Section 1. Short Title, - This Act shall be known as the '"Bureau of 
Immigration Modernization Act'.
Sec. 2. Declaration of Policy. - In the conduct of Its relations with other 
States, the Philippines hall give paramount consideration to national 
sovereignty, territorial integrity, national security, national Interest, the right to 
self-determination, the enhancement of economic diplomacy, and the 
protection of overseas Filipino In destination countries as It adheres to the 
policy of peace, cooperation, and amity with ail nations.


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To this end, Philippine immigration policies, rules and regulations under
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this Act shall be applied and administered as instruments for the promotion of
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domestic and external interests of the Philippines, in recognition of:
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It is hereby declared that the Philippine immigration structures, policies, rules
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and regulations established under this Act, shall be designed, operated, and
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administered In such a manner as to promote the domestic and international
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interests of the Philippines, recognizing the need to:
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a. the admission of foreign nationals for the purpose of encouraging and
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enhancing capital investments, trade and commerce, cultural exchanges
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and other forms of friendly relations and cooperation;
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b. the need to support technological and scientific development in the
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country;
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c. the promotion of conditions for social welfare and economic security of
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the people;
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d. the fulfillment of obligations and compliance with standards set by
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international law in the admission or exclusion of foreign nationals;
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e. the modernization of structures and mechanisms necessary for the
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administration of immigration laws in keeping with the changing
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demands of the country's role in the global community; and
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f. the professionalization of the immigration service by instituting a rigid
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system of screening and selection of immigration officials and employees
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and promoting their development.
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Sec. 3. Definition of Terms. - As used in this Act:
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a. Admission refers to the process by which a foreigner arriving at a port of
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entry in the Philippines is allowed Into the country whereby a status or
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entry category is granted by the immigration authorities;
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b. Border Controi Officer - refers to any person tasked to man the Border
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Control Checkpoints authorized as provided in this Act;
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c. Captain refers to the master of a vessel or pilot of an aircraft;


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d. Child OX children refers to a person or persons below eighteen (18) years 
of age;
e. Citizen refers to any person who Is a citizen of the Philippines under 
Section 1, Article IV of the Constitution of the Republic of the 
Philippines;
f. 
Commissioner refers to the Commissioner of the Bureau of Immigration;
g. Commitment Order refers to an order issued by the Commissioner under 
this Act that directs the taking Into custody of a foreign national after it 
has been determined that probable cause exists that the foreign national 
committed acts or omissions in violation of Philippine immigration laws, 
rules and regulations, or during the pendency of deportation 
proceedings against such foreign national: Provided, That such custody 
shall not exceed three (3) months, unless there exists other legal 
grounds for continued custody;
h. Consular Officer refers to any consular, diplomatic, or other officer of 
the Department of Foreign Affairs (DFA) who has been granted a 
consular commission for the purpose of Issuing visas under this Act;
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Derogatory Information refers to details about persons and travel 
documents relating to immigration consisting of the following:
1. Blacklist Order refers to an order issued by the Commissioner that 
prevents a foreign national from entering the territorial jurisdiction of 
the Philippines;
2. Hold Departure Order (HDO) refers to an order Issued by the 
Commissioner preventing a foreign national from leaving the 
territorial jurisdiction of the Philippines in cases where bail or 
recognizance is granted pending Implementation of a Deportation 
Order, or a directive Implementing an order issued by the 
appropriate court preventing a person from leaving the territorial 
jurisdiction of the Philippines; and


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3. Monitor Order refers to an order issued by the Commissioner under 
this Act that requires immigration personnei to monitor the travei of 
any person for a period of thirty (30) days, and to notify the 
concerned government agencies of the Phiiippines; and
4. Temporary Travel Restriction (TTRO) refers to a document issued by 
the Secretary of Justice, or his authorized representative, against a 
respondent in a case subject of preiiminary investigabon when the 
minimum imposabie penaity is six (6) months and one (1) days or 
when the offender is a foreigner regardless of the imposabie penalty, 
directing the Bureau of Immigration to prevent the subject thereof 
from leaving the Philippines for a period of sixty (60) days from 
issuance of the order, unless the handling prosecutor recommends 
the filing of the appropriate case before the Regional Trial Court, 
which has the authority to issue HDOs. The TTRO may be extended
for another sixty (60) days, but without prejudice to the filing of an 
Allow Departure Order.
j. Entry refers to the arrival of a foreign national into any designated port 
of entry in the Philippines from a place outside the Philippine territorial 
jurisdiction. A foreign national having a lawful permanent residence in 
the Philippines shall not be regarded as making an entry for the purpose 
of this Act, if such foreign national proves that the departure to a place 
outside the Philippines was for a temporary or limited period, or the 
continued absence from the Philippines was occasioned by deportation 
proceedings, extradition, or other legal process;
k. Exclusion refers to the act of Immigration Officers denying admission of 
a foreign national into the county on grounds provided in this Act;
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Foreign National or Mien refers to any person who is not a citizen of the 
Philippines;


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m. Immigrant refers to any foreign national, other than a non-immigrant, - 
granted resident status in the Philippines under the provisions of this Act 
and other laws granting Immigrant status;
n. Immigration iaws refer to this Act and any other laws presently existing
or which may hereafter be enacted relating to the movement of natural 
persons to and from the Philippines;
0. Immigration Officer refers to any person appointed under Title II, 
Chapter 18 of this Act or any employee designated by the Commissioner
to perform the powers, duties and functions of an Immigration Officer 
as specified under this Act;
p. Non-immigrant refers to any foreign national who is allowed entry and 
admission into the Philippines for a temporary or limited period of stay;
q. Non-refouiement refers to a principle of international law which prohibits
the forced or involuntary return of refugees or those seeking asylum in
the Philippines to the state or territory where their lives or liberty are 
threatened;
r. Passport refers to a document issued by a government to its citizens 
requesting other governments to allow such citizens to pass through or 
enter into a territory of other states safely and freely, subject to 
pertinent rules and regulations;
s. Port of entry refers to any port designated by the Commissioner through 
which a foreign national may enter or exit the Philippines;
t. Refugee refers to a person who, owing to a well-founded fear of being 
persecuted for reasons of race, religion, nationality, membership in a 
particular social group, or political opinion, is outside such person's 
country of nafaonality, and is unable or, owing to such fear, unwilling to 
avail of the protection of that country; or a person who, not having a 
nationality and being outside such person's country of former habitual 
residence, is unable or, owing to such fear, unwilling to return to it;


u. Seaman, Seafarer or Crewmember refers to a person actually employed 
in the operation or service in any capacity on board a vessel;
V. Stateless Person refers to a person who is not considered a national by 
any state under the operation of its laws;
W. Travel document refers to a certification or identifying document 
containing the description and other personal circumstances of its bearer 
issued by a government to individuals for travel purposes;
X. Vessel refers to all means of conveyances, whether aircraft or sea craft- 
and
y. visa refers to an endorsement on a passport or any travei document 
issued by a Consular Officer abroad authorizing the holder thereof to 
proceed to a designated port of entry in the Philippines and there to 
apply for entry and admission under the status specified therein; or an 
endorsement on a passport or any travel document granted by the
Commissioner of the Board under this Act, or by any other person 
authorized by existing laws.
title II
THE BUREAU OF IMMIGRATION 
CHAPTER 1 
THE BUREAU
Sec. 4. Overview. - The Bureau of Immigration, hereinafter referred to
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as the Bureau, shall be under the control and supervision of the Department of
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Justice (DOJ). The Bureau shail be principally responsible for the administration
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and enforcement of this Act, and the implementation of all laws, rules and
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regulations, or orders of any competent authority concerning the entry and
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admission into, stay in and the departure from the Philippines of all persons.
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The Bureau may seek the assistance of other government entities in the
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enforcement of iaws, rules and regulations relating to immigration, border
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control and anti-trafficking in persons.
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CHAPTER 2
THE BOARD OF COMMISSIONERS
Sec. 5. Composition and Quaiification of the Board of Commissioners. -
e Bureau shall be administered by the Board of Commissioners, hereinafter 
re erred to as the Board, headed by the Commissioner as Chairperson, and two 
(2) Deputy commissioners as members, ail of whom shall be natural-born 
citizens of the Philippines, hoiders of a college degree, with proven capacity for 
administration and, at the time of their appointment, at least thirty-five (35) 
years of age: Provided, That at least one of the members shall be a member of 
the Philipp,ne Bar in good standing for at least five (5) years prior to the
appointment: Provided, further, That at least one (l) member of the Board 
shall come from the ranks of the Commission.
Sec. 6. Powers and Functions of the Board. - The Board shail have the 
following powers and functions:
a. Decide on applications or cases relative to:
1. Deportation;
2. Revocation of immigration status;
3. Reacquisition and retention of Philippine citizenship under 
Repubiic Act No. 9225, otherwise known as the Citizenship 
Retention and Reacquisition Act of 2003;
4. Issuance and revocation of all visas and permits;
5. Declaration of indigence; and
6. Legalization of residence in accordance with law.
b. Cite and punish for contempt in relation to the discharge of its quasi-
judicial functions In accordance with the Rules of Court;
c. Prescribe and promulgate rules of procedure for proceedings before
it;
d. Prepare and pubiish operations manuais, including schedules of fees
for all transactions entered into by the Bureau with the pubiic;


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e. Formulate policies, directives, programs and projects of the Bureau; 
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f. Such other powers and functions as provided in this Act and other 
existing laws, rules and regulations not inconsistent with any 
provisions of this Act.
Sec. 7. Decisions of the Board. - All cases or proceedings before the 
Board shall be decided with the concurrence of the majority of the members of 
the Board. Decisions of the Board shall become final and executory fifteen (15) 
days from receipt thereof by the concerned parties. Only one (1) motion for 
reconsideration shall be allowed.
Decisions in deportation cases may be appealed to the Secretary of 
Justice within fifteen (15) days from receipt thereof by the concerned party. 
The decision of the Secretary of Justice within fifteen (15) days from receipt of 
judgement. The decision of the Board shall become executory after thirty (30)
days from promulgation, unless within such period the President shall order the 
contrary.
Sec. 8. Period for Decision by the Board. - The Board shall decide 
deportation cases within sixty (60) days from the date they are submitted for 
resolution.
Sec. 9. Meetings of the Board. - In ail cases, the Board of 
Commissioners shall convene and act as a collegial body in all matters referred 
to in Section 6 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 one (1) member shall constitute a 
quorum.
CHAPTER 3
THE COMMISSIONER AND THE DEPUTY COMMISSIONERS
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Sec. 10. Appointment of the Commissioner. - The Commissioner shail be 
appointed by the President and shaii have the same rank, saiary, and privileges 
of an Undersecretary of a Department.
Sec. 11. Powers and Functions of the Commissioner. - In addition to the 
duties as Chairperson of the Board of Commissioner, the Commissioner shall 
exercise the following powers and functions:
a. Supervise, direct and coordinate the overall operations of the 
Bureau;
b. Appoint, promote, and reassign personnel of the Bureau in 
accordance with civil service laws, rules and regulations, subject to 
the approval of the Secretary of Justice;
c. Issue the following:
1. Mission Order, after determination of the existence of probable 
cause for the purpose of deporation;
2. Commitment or Release Orders;
3. Warrants of Deportation;
4. Orders to inspect the documents, premises and records of 
persons covered by this Act; and
5. Derogatory information orders defined in Section 3(i) of this Act;
d. Delegate authority to subordinate immigration personnel and 
employees of the Commission, except the powers and function 
enumerated in paragraph (c) of this section, which may be delegated 
only to a Deputy Commissioner;
e. Act on application for extension of visas with the concurrence of the 
Board;
f. Act on application for study and work permits;
g. Control the opening and closure of posts, landing places, airports or
ports classified as points of entry or exit, whether limited or 
unlimited;


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h. Increase, reduce or waive immigration fines, penalties and other 
charges;
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Issue Certificates of Naturalization to foreign nationals who have 
been granted Philippine citizenship;
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Promulgate rules and regulations as may be necessary or proper for 
the effective discharge of the duties and responsibilities of the 
officials and personnel of the Bureau, and for the effective exercise 
of the powers and functions of the Bureau;
k. Deputize, subject to the concurrence of the Board, 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 assist immigration personnel in the performance of their 
duties and functions;
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Seek the assistance of relevant government agencies for Intelligence 
data gathering and sharing;
m. Authorize and prescribe, with the concurrence of the Board, the form 
and the amount of cash bonds for the provisional release of 
respondents In deportation proceedings;
n. Impose reasonable fines and penalties for violations of Immigration 
and alien registration laws in accordance with this Act and the 
guidelines adopted by the Board;
0. Accept donations of materials, equipment or technical services from 
any foreign government, international or domestic organization, to 
upgrade the efficiency and operations of the Bureau;
p. Provide an express lane system for the rendition of services 
performed for individuals and entitles upon payment of fees that may 
be prescribed, and deposit in an authorized government depository 
banks such fees received under a trust fund subject to auditing and
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accounting rules, fifty percent (50%) of which shall be made 
available for the augmentation of the salaries of the employees of 
the Bureau and fifty percent (50%) of which shall be remitted to the 
national treasury;
q. Submit to the President and to Congress, annually or as may be 
directed, a report on:
1. The number and status of foreign nationals In the Philippines;
2. Foreign national admitted or granted change of status as 
permanent residents;
3. Foreign nationals who have been excluded or deported from the 
Philippines;
4. The estimated number of illegal foreign nationals in the 
Philippines In each calendar year and actions taken to arrest 
them, grouped by nationality, for each region In the Philippines; 
and
5. Such other transactions of the Bureau;
Determine the manning levels of Immigration Officers of the Bureau 
nationwide in accordance with the number of arrivals in each port of 
entry as determined by the Board: Provided, That for every three 
hundred (300) passengers there shall be one (1) Immigration Officer 
on an eight-hour shift;
Receive administrative complaints against BI personnel, gather 
evidence in relation thereto, conduct administrative Investigation, 
and transmit complete records thereon to the Office of the Secretary 
through the Internal Affairs Service (IAS); 
t. Prepare and submit a supplemental budget, if necessary, for the 
consideration of the Department of Budget and Management (DBM) 
and Congress;
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u. Prescribe, with the concurrence of the Board, the appropriate forms, 
bonds, reports, entries and other papers in accordance with this Act;
V. Require all vessel operators to submit advance passenger 
information in the form prescribed by the Board, and prescribe 
penalty for the violation hereof;
w. Engage foreign counterparts pertaining to border control; and
X. Perform such other functions inherent to the Bureau.
Sec. 12. Powers and Functions of the Director General. - There shall be 
two (2) Deputy Commissioners who shall be appointed by the President. They 
shall have the rank, salary and privileges of an Assistant Secretary of a 
Department.
Sec. 13. Duties of Deputy Commissioners. - In addition to their duties as 
members of the Board, the Deputy Commissioners shall supervise a minimum 
of two (2) Divisions and one (1) regional office each as determined by the 
Commissioner.
CHAPTER 4
THE ITNERNAL AFFAIRS SERVICE
Sec. 14. Qualifications of the Director, Internal Affairs Service (IAS). - 
An Internal Affairs Service (IAS) of the Bureau is hereby created directly under 
the Office of the Secretary of Justice, which shall be headed by a Director who 
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 the appointment.
Sec. 15. Powers and Functions of the IAS. - The IAS shall have the 
following powers and functions:
a. Conduct inspections and audit over all personnel and units of the 
Bureau;
b. Conduct summary hearings of administrative cases initiated against 
personnel appointed by the Commissioner. The Office of the
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Commissioner shaii receive all administrative complaint and indorse 
the same to the Office of the Secretary together with investigation 
reports and evidence gathered in relation to the complaint;
c. File appropriate criminal cases against BI personnel before the court 
when warranted and assist in the prosecution thereof; and
d. Provide assistance to the Office of the Ombudsman in cases involving 
the personnel of the Bureau.
CHAPTER 5
THE BOARD SECRETARY
Sec. 16. Qualifications of the Board Secretary. -There shall be a Board 
Secretary of the Board of Commissioners who 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 the appointment.
Sec. 17. Powers and Duties. — The Board Secretary shall;
a. Attend in and take the minutes of all meetings of the Board;
b. Prepare the agenda for the deliberation of the Board on visa 
applicab'ons;
c. Prepare the agenda for the deliberation of the Board on deportation 
cases as endorsed by a member of the Board after initial review;
d. Implement the decision of the Board approving visa applications, 
including revalidation;
e. Keep and manage all records of the deliberation of the Board;
f. Advise the members of the Board on all matters relative to 
compliance with relevant laws and requirements of regulatory 
authorities; and,
g. All other functions as may be directed by the Board.
CHAPTER 6
THE BOARDS OF SPECIAL INQUIRY
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Sec. 18. Creation of the Boards of Special Inquiry. - There shall be 
created up to five (5) Boards of Special Inquiry (BSI) as required in the 
exigency of service as determined by the Board. Each BSI shall be composed of 
a Chairperson and two (2) members. The BSI shall be designated according to 
their areas of specialization to be determined by the Board.
Sec. 19. Appointment and Qualifications of the Chairpersons and 
Members of the BSI. - The Chairpersons and members of the BSI shall be 
appointed by the Commissioner, all of whom shall be natural-born citizens of 
the Philippines, and at the time of their appointment, at least thirty (30) years 
of age, members of the Philippine Bar in good standing and engaged in the 
practice of law for at least three (3) years
Sec. 20. Powers and Functions of the BSI - The BSI shall:
a. Recommend to the Board of Commissioners for final resolution cases 
and applications relative to:
1. Deportation;
2. Revocation of immigration status;
3. Legalization of residence In accordance with law; and
4. Issuance of visas for stateless persons.
b. Recommend to the Commissioner for appropriate action cases and 
applications relative to:
1. Cancellation of alien certificates or registration by marriage; and
2. Issuance of alien certificates or registration to refugees;
c. Issue subpoena in cases being heard by the BSI;
d. In the exercise of its quasi-judicial power, cite and punish persons for 
contempt in accordance with the Rules of Court;
e. Recommend to the Board the Imposition, waiver or reduction of fees, 
fines, penalties and other charges, subject to existing laws, rules and 
regulations;
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f. Administer oaths in connection with the performance of their duties, as 
may be authorized by the Board;
g. Promulgate rules and regulations governing matters within Its assigned 
mandate subject to the approval of the Board; and
h. Perform such other duties and functions as may be directed by the 
Commissioner or the Board of Commissioners.
Sec. 21. Proceedings Before the BSL - The proceedings before the BSI 
shall be public and recorded. In all cases, the BSI shall meet and act as a 
collegial body. Only members of the Philippine Bar in good standing may 
appear for and in behalf of any party before the BSL
Sec. 22, Resolutions of the BSL - Cases before the BSI shall be resolved 
within five (5) working days from the date the cases are submitted for 
resolution. The resolution of the BSI shall be submitted immediately to the 
Board for action.
Sec. 23. Creation of the Positions; BSI. - The positions created under
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the BSI shall have the following classification and salary grades:
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DESIGNATION
POSITION
SALARY GRADE
Chairperson
Attorney V
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Members
Attorney IV
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CHAPTER 7
DIVISIONS AND OTHER OPERATING OFFICES OF THE BUREAU
Sec. 24. Divisions and Other Operating Offices of the Bureau. - The 
Bureau shall have the following Divisions and other operating offices, namely:
A. Divisions:
1. Administrative;
2. Alien Registration;
3. Finance and Logistics;
4. Human Resource Management and Development;
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5. Immigration Regulati6n;
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6. Information and Communications Technology;
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7. Intelligence;
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8. Law Enforcement;
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9. Legal Affairs;
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10. Operations; and
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11. Planning and Research
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B. Field Offices that shall be created by the Board of Commissioners
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according to political or administrative regions.
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C. Districts:
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1. Major airports; and
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2. Seaports.
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Sec. 25. Heads of the Divisions and Other Operating Units. - Each
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Division shall be headed by a Division Chief wit 1 a Salary Grade of 25:
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Provided, That the Chief for Legal Affairs shall be a member of the Philippine
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Bar in good standing and must have been engaged in the practice of law for at
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least three (3) years, and that the Chief for Finance and Logistics shall be a
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Certified Public Accountant in good standing for at leist three (3) years.
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The Regional Offices shall be headed by a Supervising Immigration
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Officer with a Salary Grade of 23, while the District and Field Offices shall be
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headed by a Senior Immigration Officer with a Salary Grade of 20.
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No person shall be appointed as Chief of any of the Divisions
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enumerated in Section 24(A) of this Act unless such person meets the
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qualification standards set by the Bureau and approved by the Civil Service
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Commission (CSC).
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Sec. 26. Organizationai Structure, Duties and Functions of the Divisions,
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Regionai Offices, Districts, Fieid Offices and Other Caerating Offices, - Subject
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to the approval of the DBM, the Board shall determine the organizational
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structure of the different Divisions and other operating offices of the Bureau to
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ensure the effective performance of their respective mandates.
3 
Sec. 27. Chief Administrative Officer. - The Chief Administrative Officer
4 
shall perform the following duties:
5 
a. Development and Implement an administrative support strategy for
6 
the Bureau;
7 
b. Coordinate all administrative functions of the Bureau;
8 
c. Monitor and evaluate all policies and programs of the Bureau, and
9 
recommend to the Board of Commissioners such policies, programs
10 
and measures for the effective and efficient administrative functions
11 
of the Bureau; and
12 
d. Perform such other tasks as may be directed by the Commissioner.
13 
Sec. 28. Chief Alien Registration Officer. - The Chief Alien Registration
14 
Officer shall perform the following duties:
15 
a. Formulate plans and policies for the implementation of the Alien
16 
Registration Program;
17 
b. Establish and implement measures for the effective registration,
18 
monitoring and accounting of aliens, including the collection and
19 
safekeeping of biometric data of ail aliens pursuant to this Act and
20 
other laws, rules and regulations;
21 
c. Monitor and evaluate all policies, programs and measures relative to
22 
alien registration, and recommend to the Board of Commissioners
23 
such measures to improve the system of alien registration; and
24 
d. Perform such other tasks as may be directed by the Commissioner.
25 
Sec. 29. Chief Finance and Logistics Officer. - The Chief Finance and
26 
Logistics Officer shall perform the following duties:
27 
a. Formulate and supervise the implementation of policies pertaining to
28 
procurement, fiscal management, auditing and accounting In support
29 
of the overall plan and strategic direction of the Bureau;
17


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b. Direct and manage all the procurement activities of the Bureau;
2 
c. Implement sound fiscal policy;
3 
d. Supervise the preparation of the Annual Procurement Plan;
4 
e. Initiate projects in the furtherance of the Improvement of the
5 
Bureau;
6 
f. Set performance targets of the Burecu in order to meet its
7 
objectives, plans and programs; and
8 
g. Perform such other tasks as may be directed by the Commissioner.
9 
Sec. 30. Chief Human Resource Management and Development Officer.
10 
“ The Chief Human Resource Management and Development Officer shall
11 
perform the following duties;
12 
a. Develop and execute human resource strategies in support of the
13 
overall plan and strategic direction of the Bureau especially in the
14 
areas of selection, hiring and promotion;
15 
b. Design employee training modules;
16 
c. Develop comprehensive strategic recruiting and retention plans to
17 
meet the human capital of strategic goals;
18 
d. Set qualification standards and implement competency-based hiring
19 
and promotion policies;
20 
e. Oversee the recruitment, selection and promotion of employees of
21 
the Bureau;
22 
f. Set performance standards for the employees of the Bureau In order
23 
to meet its objectives, plans and programs and
24 
g. Prepare and implement schemes to strengthen the relationship
25 
between management and employees.
26 
Sec. 31. Chief Immigration Regulation Officer. - The Chief Immigration
27 
Regulation Officer shall perform the following duties:
28 
a. Enforce Immigration laws relation to the admission of aliens on
29 
primary inspection, as well 
as their exclusion, deportation and
18


1 
repatriation; sojourn, and those relating to administrative penalties
2 
against commerciel sea vessels;
3 
b. Formulate plans and programs for the effective enforcement or
4 
immigration laws relating to the admission, sojourn and exit of
5 
alients;
6 
c. Establish policies for the effective sun'eillance, monitoring, and
7 
supervision of all Bay Service Operations of all commercial vessels
8 
while in Philippine territory;
9 
d. Oversee and supervise all Regional, District and Field Offices, and
10 
Border Crossing Checkpoints;
11 
e. Maintain administrative control over aliens admitted for limited
12 
periods by enforcing and implementing temporary visitors' visa
13 
extension policies for aliens;
14 
f. Assist the Commissioner in administering issuances of student visas,
15 
permits and other orders related thereto;
16 
g. Assist the Commissioner in the preparation of all orders pertaining to
17 
downgrading of visas, transfer, amendment, and correction of
18 
admission;
19 
h. Represent the Bureau in the enforcement of the RP-Indonesian
20 
Agreement the RP-Malaysian Anti-Smuggling Agreement, and other
21 
subsequent similar agreements; and
22 
i. Perform such other tasks as may be directed by the Commissioner.
23 
Sec. 32. Chief Information and CommunicaVons Technoiogy Officer. -
24 
The Chief Information and Communications Technology Officer shall perform
25 
the following duties:
26 
a. Formulate policies, plans and programs on management information
27 
systems, network, 
cybersecurity, and information and
28 
communications technology (ICT) resources of the bureau;
29 
b. Supervise the implementation of all the ICT projects of the Bureau;
19


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c. Review, evaluate and recommend for approval by the Commissioner
2 
the integration of all existing ICT systems of the Bureau;
3 
d. Initiate the conduct of ICT research, development and
4 
standardization; and,
5 
e. Perform such other tasks as may be directed by the Commissioner.
6 
Sec. 33. Chief Immigration Inteiiigence Officer. - The Chief Immigration
7 
Intelligence Officer shall perform the following duties:
8 
a. Develop plans and programs for the gathering and collating of
9 
Intelligence objectives through effective management of all
10 
intelligence and counter-intelligence activities of the Bureau;
11 
b. Manage the conduct of intelligence and cc unter-intelligence activities
12 
of the Bureau;
13 
c. Serve as the linkage between foreign counterparts or embassies and
14 
the Bureau;
15 
d. Initiate development of intelligence training modules; and
16 
e. Perform such other tasks as may be directed by the Commissioner.
17 
Sec. 34. Chief Immigration Law Enforcement Officer. - The Chief
18 
Immigration Law Enforcement Officer shall perform the following duties:
19 
a. Develop plans and programs for effective law enforcement actions
20 
against foreign national who violate immigration laws, 
rules and
21 
regulations;
22 
b. Exercise command, control, direction, coordination and supervision
23 
of all law enforcement activities of the Bureau, such as the
24 
deployment of personnel in the implementation of the following:
25 
i. Mission Orders, after determination of the existence of
26 
probable cause for purpose of deportation
27 
ii. 
Commitment or Release Orders
28 
III. 
Warrants of Deportation
20


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iv. Orders to inspect the documents, premises and records of
2 
persons covered by this Act;
3 
c. Initiate the development of law enforcement training modules;
4 
d. Establish an effective monitoring tool for fugitives and undesirable
5 
foreigners; and
6 
e. Perform such other tasks as may be directed by the Commissioner,
7 
Sec. 35. Chief Legal Affairs Officer. - The Chief Legal Affairs Officer shall
8 
perform the following duties:
9 
a. Serve as the legal counsel of the Bureau, in coordination with the
10 
Office of the Solicitor General;
11 
b. Develop guidelines for the summary depo tation of foreign nationals
12 
who are fugitives, overstaying, undocumented, or convicted of
13 
crimes Involving moral turpitude or crimes where the penalty of
14 
deportation Is Imposed;
15 
c. Assign prosecutors for regular deportation proceedings;
16 
d. Implement deportation orders;
17 
e. Study contracts affecting the Bureau and submit recommendations to
18 
the Board relative thereto;
19 
f. Render legal opinion on matters arising from the administration and
20 
operation of the Bureau; and
21 
g. Perform such other tasks as may be directed by the Commissioner.
22 
Sec. 36. Chief Immigration Operations Officer. - The Chief Immigration
23 
Operations Officer shall perform the following duties:
24 
a. Formulate plans and programs for tha effective and efficient
25 
immigration operations in all international airports and seaports;
26 
b. Oversee and supervise the immigration operations in all international
27 
airports and international seaports, including the conduct of arrival
28 
and departure formalities consistent vlth this Act and other
29 
applicable laws, rules and regulations;
21


1 
c. Implement Blacklist Orders, Hold Departure Orders, Monitor Orders,
2 
Travel Restriction Orders, Orders to Leave, Exclusion Orders, and
3 
other such orders issued by the Board or ty the Commissioner;
4 
d. Ensure the compliance of all immigration personnel under the
5 
Operations Division with the Bureau's Quality Management System
6 
(QMS);
7 
e. Monitor admitted foreign temporary visitors who were referred for
8 
secondary or tertiary inspection;
9 
f. Initiate the development of immigration operations training modules;
10 
and
11 
g. Perform such other tasks as may be directed by the Commissioner.
12 
Sec. 37. Chief Planning and Research Officer. - The Chief Planning and
13 
Research Officer shall perform the following duties:
14 
a. Formulate and implement the Bureau's programs, projects and
15 
processes for planning and research;
16 
b. Facilitate and organize strategic planning sessions for the entire
17 
Bureau;
18 
c. Conduct workload assessment and forecasting;
19 
d. Provide assistance to the Board in the implementation and
20 
establishment of a risk management process;
21 
e. Implement a monitoring feedback measurement and evaluation
22 
system for the implementation of all Bureau policies, projects and
23 
programs; and
24 
f. Represent the Board in meeting relating to planning and research.
25
22


1 
CHAPTER 8
2 
IMMIGRATION OFFICERS
3 
Sec. 38. Immigration Officers. - The Bureau ihall employ an elite group
4 
of Immigration Officers who shall be assisted by Immigration Inspectors and
5 
Immigration Agents in the performance of their duties and functions. No
6 
person shall be appointed to the position of Immigration Officer, Immigration
7 
Inspector or Immigration Agent unless such person meets the qualification
8 
standards set by the Bureau and approved by the Civil Service Commission.
9 
The following determinative factors shall be included In setting the
10 
qualification standards for each position:
11 
a. Educational Attainment
12 
b. Civil Service Eligibility
13 
c. Relevant Experience
14 
d. Training (Basic, Advanced or Executive)
15 
e. Agility
16 
Sec. 39. Powers and Functions of Immigration Officers. - The
17 
Immigration Officers shall have the following powers and functions:
18 
a. Examine, with the assistance and advice of medical authorities in
19 
appropriate cases, foreign nationals at the port of entry concerning
20 
their admissibility to enter and their qualifications to remain in the
21 
Philippines;
22 
b. Exclude foreign nationals not properly documented, and to admit
23 
foreign nationals complying with the applicable provisions of
24 
immigration and related laws;
25 
c. Administer oaths in connection with the performance of their duties,
26 
as may be authorized by the Board;
27 
d. Search for foreign nationals on any vessel believed to be used to
28 
Illegally bring foreign nationals into the Philippines, and to take into
29 
custody without warranty any foreign national who, in the presence
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e.
or view of the Immigration Officer, is entering or is about to enter 
the Philippines in violation of immigration and related laws, rules and 
regulations;
Act as control personnel with authority to prevent the departure of 
passengers who do not comply with duly published departure 
requirements;
f. Detect and report violations of the immigration and alien registration 
laws and, in appropriate cases, take necessaiy actions upon the 
instructions of the Commissioner, including follow-up on the stay of 
non-immigrants to prevent overstaying;
g. Detect and report subversive activities of aliens in the interest of 
national security;
h. Investigate any case at the instance of the Commissioner and submit 
the required reports;
i. 
Report on the activities of aliens inimical to national Interest with a 
view to taking appropriate action in accordance with law;
Locate and conduct surveillance against foreign nationals in violation 
of immigration laws, rules and regulations;
k. Provide actionable operational, tactical and strategic intelligence to 
the operating units;
l. 
Conduct case build up, analysis and other in-depth research, as well 
as provide analytical reports on foreign nationals who violate or are 
in violation of Immigration laws, rules and regulations;
m. Coordinate with other local and international law enforcement 
agencies in the gathering of intelligence information related to 
immigration law violations;
n. Conduct counter-intelligence operations;
0. Enforce lawful orders relation to the exclusion, deportation and 
repatriation of aliens;
24
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1 
p. Take charge of the physical detention of aliens pending their
2 
exclusion, deportation or repatriation;
3 
q. Attend to the deportation of aliens;
4 
r. Monitor all arriving and departing suspected terrorists, drug couriers
5 
or members of crime syndicates;
6 
s. Assist and escort deportees, excluded passengers and transiting
7 
restricted passengers until finally boarded;
8 
t. Investigate and escort from ports of entry intercepted passengers
9 
who are found in possession of spurious travel documents;
10 
u. Implement Warrants of Deportation (WOD) and Mission Orders
11 
involving foreign nationals who violate or are in violation of
12 
Immigration laws, rules and regulations; and
13 
V. Perform such other functions as may be assigned by the
14 
Commissioner from time to time.
15 
Qualified Immigration Officers, Immigration Inspectors and Immigration
16 
Agents with the requisite training and experience may be assigned to the
17 
Intelligence, Law Enforcement, Alien Registration, Immigration Regulation, and
18 
Operations Divisions depending on the exigencies of the Bureau. The Board
19 
may, in the exigencies of service, designate certain duties and responsibilities
20 
listed in this section to other officers and employees in the Intelligence or Law
21 
Enforcement Divisions in an acting capacity: Provided, That such designation
22 
shall not exceed a period of one (1) year.
23 
Sec. 40. Deployment of Immigration Personnel Abroad, - Within ninety
24 
(90) days from the effectivity of this Act, the Department of Foreign Affairs
25 
(DFA) and the Bureau shall promulgate the impleme iting rules and regulations
26 
on the assignment and deployment of Immigration Officers to select consular
27 
posts abroad who shall, subject to the pertinent provisions of Republic Act No.
28 
7157 or the "Philippine Foreign Service Act of 1991" perform immigration
29 
duties, except diplomatic and consular functions.
25


1 
CHAPTER 9
2 
CAREER DEVELOPMENT PATTERN
3 
Sec. 41. Career Development - The Bureau shall:
4 
a. Establish and strengthen the Philippine Immigration Academy which
5 
shall be under the control and supervision of the Commissioner;
6 
b. Create a continuing program to enhance the knowledge, skills and
7 
competence of all personnel through a career advancement training
8 
and education prior to their promotion; and
9 
c. Formulate training requirements to implement the provisions of this
10 
Title.
11 
CHAPTER 10
12 
OTHER OFFICES
13 
Sec. 42. Changes in the Composition, Distribution and Assignment of
14 
Regional District and Field Offices, - The Commissioner may make changes In
15 
the composition, distribution and assignment of regional, district and field
16 
offices, as well as its personnel, based on the demographics of foreign
17 
nationals and as the exigency of the service requires, subject to civil service
18 
rules and regulations.
19 
Sec. 43. Border Control Checkpoints. - In addition to international
20 
airports and international seaports, there shall be established Border Control
21 
Checkpoints which shall be manned by Immigrat on Officers appointed as
22 
Border Control Officers by the Commissioner. The Border Control Checkpoints
23 
shall be placed in specific areas in the Philippines which shall be determined by
24 
the Board. Border Control Officers shall perform the following functions:
25 
a. Conduct immigration formalities to foreigjiers passing through their
26 
areas of responsibility;
27 
b. Enforce Immigration laws, rules and regulations;
28 
c. Coordinate with other law enforcement agencies in the enforcement
29 
of immigration laws, rules, and regulations:
26


1 
d. Apprehend and take into custody illegal entrants; and
2 
e. Perform such other functions as may be directed by the
3 
Commissioner.
4 
TITLE III
5 
IMMIGRATION
6 
CHAPTER 1
7 
NON-IMMIGRANTS
8 
Sec. 44. Categories of Non-immigrants and Types of Visa Issued. -
9 
Foreign nationals departing from any place outside the Philippines who are
10 
otherwise admissible and who qualify under any one of the following categories
11 
may be admitted as non-immigrants:
12 
a. Temporary visitors (A Visas): Visitors coming to the Philippines for a
13 
temporary period lor reasons of business, pleasure or health:
14 
1. Business (A-1 Visa): Temporary visitors engaged in activities of a
15 
commercial of professional nature for a foreign employer or for
16 
themselves that will not result In gainful employment In the
17 
Philippines. As used herein, the term "business" refers to
18 
conventions, conferences, consultations and other legitimate
19 
activities of a commercial or a professional nature, but does not
20 
include local employment or labor for hire;
21 
2. Pleasure (A-2 Visa): Temporary visitors who stay in the
22 
Philippines for holiday, including sightseeing, recreation or visiting
23 
relatives; and
24 
3. Health (A-3 Visa): Temporary visitors who stay in the Philippines
25 
to avail of medical treatment.
26 
b. Transit Persons (B Visa): Persons passing through the Philippines
27 
solely for a "stop over" who have confirmed connecting flight to
28 
another country or passengers in immediate and continuous transit
29 
to a destination outside the Philippines;
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c. Crew members (C Visa): Members of the crew of vessels required for 
the normal operation and servicing of the vessels who come to the 
Philippines temporarily as part of their jobs either arriving with or 
coming to join the vessels;
d. Treaty Traders (D-1 Visa) and Treaty Investors (D-2 Visa): Citizens 
from a country that has a trade treaty with the Philippines, including 
their family members, and who come to work in the Philippines for 
either a company they own or one that is at least fifty percent (50%) 
owned by nationals of their home country and which company is 
engaged in substantial trade between the Philippines and their home 
country shall granted a D-1 visa.
Citizens from a country that has an investor treaty with the 
Philippines, including their family members, and who come to work in 
the Philippines for a business they own or one that is at least fifty 
perent (50%) owned by nationals of their home country shall be 
granted a D-2 visa;
e. Accredited Foreign Government Officiils, Their Families and 
Household Member (E Visa): Foreign government officials, their 
families and household members coming to the country for official 
purpose, pursuant to international conventions and bilateral 
agreements, shall be granted E Visas into four (4) types, namely:
1. Persons eligible for E-1 Visa: The E-1 Visa shall be issued to the 
following classes of foreign nationals:
i. 
Heads of State and/or Heads of Government and their 
personal representatives;
ii. 
Members of reigning royal families from countries recognized 
by the Philippine Government;
iii. 
Governors-General, Governors, and High Commissioners of 
dependent territories and their personal representatives;
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iv. Cabinet ministers and their deputies, and officials with cabinet 
rank of ministers;
V. Presiding officers of national legislative bodies;
vi. 
Justices or judges of the highest national judicial bodies;
vii. 
Diplomats and career consular officials on foreign assignment 
in the Philippines;
viii. 
Military, naval, air and other attaches assigned to a diplomatic 
mission; and
ix. Accompanying spouses and ui married dependents of 
foreigners within the above mentioned categories;
2. Persons eligible for E-2 Visa: The E-2 Visa shall be issued to an 
official of a foreign government recognized by the Philippines and 
who Is a national of the country whose government he 
represents, and is proceeding to the Philippines on a long-term 
basis in connection with official business for such foreign official's 
government.
This category includes, inter alia, the following classes of foreign 
nationals:
i. 
Administrative and technical members of the staff of a 
diplomatic or consular mission;
ii. 
Officials participating in programs under the auspices of the 
Philippine Government or recognized international institutions; 
and
lii. Accompanying spouses and unmarried dependents of 
foreigners within the abovementioned categories;
3. Persons eligible for E-3 Visa: The E-3 Visa shall be issued to an 
official of a foreign government recognized by the Philippines, is a 
national of the country whose government he represents, and Is
29


1 
proceeding to the Philippines on a shcrt-term basis in connection
2 
with official business for such foreign official's government.
3 
This category includes, inter alia, the following classes of foreign
4 
nationals:
5 
i. Diplomatic couriers regularly and professionally employed as
6 
such;
7 
li. All members of official special missions of a diplomatic
8 
character;
9 
ill. Members of delegations proceeding to or from an international
10 
conference of a diplomatic or official nature; and
11 
iv. Such other officials going to the Philippines on diplomatic or
12 
official missions;
13 
4. Persons eligible for E-4 Visa: The E-4 Visa shall be issued to the
14 
private employees and household members of persons to whom
15 
E-1 and E-2 Visas have been granted, as well as their immediate
16 
dependents;
17 
All visas enumerated In Section 44(e) of this Act shall be exclusively
18 
issued and renewed by the DFA, which shall also determine the type of E-Visa
19 
of Foreign Government Officials not identified in the foregoing lists. The grant
20 
of immunities and privileges shall be subject to applicable domestic and
21 
international law and international agreements to which the Philippines is a
22 
party, as well as in considerctlon of the principle of reciprocity.
23 
f. Students (F Visa): International students who can demonstrate
24 
means sufficient for their support and education in the Philippines
25 
who seek to enter the Philippines temporarily for the primary
26 
purpose of studying or taking partial studies in eligible courses or
27 
degree programs in a university, seminary, academy or college
28 
recognized to offer such higher education programs by CHED and
29 
other authorities pursuant to law and accredited to admit such
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international students by the CHED in coordination with BL The 
international student's area of study may relate to the following 
fields/scope:
1. Full degree
2. Exchange of short-term mobility
3. Internship/co-op education
4. Certificates/diploma/qualifications
5. Immersion/service learning/social engagement
6. Research and/or graduate studies
7. Study, work, holiday pursuant to trade agreements
8. Cultural exchange
9. Language training program
10. Such other education or training-related activities 
uncertaken pursuant to acquiring certification, 
diploma, credit recognition, degree or qualification.
g. Prearranged Employment (G Visa): Foreign nationals coming to the 
Philippines on prearranged employment. Including their family 
members accompanying or following to join them within the period 
of their employment. This category includes intra-company 
transferees, professionals, performing artists, athletes, and cultural 
exchange workers under a work exchange program;
h. Religious Workers (H Visa): Duly crdained or professional 
missionaries and religious ministers, including members of their 
family, coming to the Philippines to join a religious congregation or 
denomination duly registered with the Securities and Exchange 
Commission, upon invitation, sponsorshio or guarantee of such 
religious congregation or denomination, solely for the purpose of 
propagating, teaching and disseminating their faith or religion;
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i. Representatives of Accredited International Organizations and 
Government Agencies (I Visa): Foreign officials and staff of 
accredited international organizations, including their dependent 
family members, staff, and household members shall be granted I 
Visas divided into four (4) types, namely:
1. Persons eligible for I-l Visa: The I-l Visa shall be issued to the 
principal officials of accredited international organizations, as well 
as their accompanying spouses and dependents;
2. Persons eligible for 1-2 Visa: The 1-2 visa shall be issued to the 
other officials and staff of accredited international organizations, 
as well as their accompanying spouses and dependents;
3. Persons eligible for 1-3 Visa: The 1-3 visa shall be issue to officials 
and staff of international organizations who will perform short­
term official v/ork with the internaticnal organization upon its 
invitation; and
4. Persons eligible for 1-4 Visa: The 1-4 Visa shall be issued to the 
private employees and household members of persons to whom 
E-1 and E-2 visas have been granted, as well as their immediate 
dependents.
Accredited international organization includes any public 
international organization engaged in activities of which the Philippines 
participates pursuant to any treaty or under the authority of any act of 
the Congress of the Philippines authorizing such participation or making 
an appropriation for such participation and such other International 
organizations, institutions, agencies, programs, foundations and entitles 
which are recognized by the government of the Republic of the 
Philippines, Including those existing and already recognized as such at 
the time of the effectivity of this Act.
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All types of visas under Section 44(i) of this Act shall be 
exclusively issued and renewed by the DFA, which shall also determine 
the type of I Visa of officials and staff of International organizations that 
are not identified in the foregoing list. The grant of immunities and 
privileges shall be subject to applicable domestic and international law, 
relevant Headquarters Agreements, and International agreements to 
which the Philippines is a party.
j. 
Media workers (J Visa): Foreign media personnel or correspondents, 
duly accredited by the government agency concerned, who are bona 
fide representatives of a foreign press, radio, satellite, television, 
film, or other Information media, and are coming to the Philippines 
solely to engage in gathering information principally for 
dissemination abroad. Including their family members accompanying 
or following to join them during the period of the assignment in the 
Philippines;
k. Exchange Visitors (K Visa): Foreign nationals entering the Philippines 
to teach, study, observe, conduct research or receive training in a 
specific Exchange Visitor Program duly approved by the Philippine 
Government;
l. 
Refugees (L-1 Visa) and Stateless Persons (L-2 Visa): Refugees as 
defined in the this Act in the 1951 Convention Relating to the Status 
of Refugees and its 1967 Protocol shall be issued L-1 Visas. Stateless 
persons, whose admission or humanitarian reasons and not Inimical 
to public Interest has been approved by the Secretary of Justice or 
the President in such cases and under such conditions as they may 
prescribe, shall be issued L-2 Visas;
m. Bridging Visa (M Visa): A temporary visa which allows a foreign 
national to stay in the Philippines after the expiration of the current
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Visa, Other than temporary visitor visa under Section 44(a), and while 
an application for adjustment of status is being processed.
n. Startup Visa (N Visa): Visa issued by the DFA pursuant to Sec. 13, 
Chapter 3 of Republic Act No. 11337, otherwise known as the 
"Innovative Startup Act", which includes the Startup Owner Visa (N-1 
Visa), Startup Employee Visa (N-2 Visa) and Startup Investor Visa 
(N-3 Visa)
0. Special Non-Immigrants (O Visas): Such other foreign nationals 
including their family members who may be admitted as non­
immigrants under special laws or foreign nationals not otherwise 
provided for by this Act who are coming for temporary periods only, 
and whose admission is authorized by the Board or the President in 
the interest of the public or for humanitarian considerations under 
such conditions as may be prescribed.
All other agencies and offices other than tne DFA authorized to issue 
visas in accordance with existing laws shall be subject to reportorial 
requirements as prescribed by the Board. The Board shall likewise 
prescribe penalties for violations thereof.
CHAPTER 2 
IMMIGRANTS
Sec. 45- Quota Immigrants. - Subject to the conditions set forth in this 
Act, there may be admitted into the Philippines, immigrants, otherwise known 
as nquota immigrant^', not to exceed two hundred (200) of any one nationality 
for any one calendar year, based on immigration reciprocity and upon 
allotment by the Commissioner of the corresponding quota number. In the 
allotment of quota numbers, the following order of preference shall be 
observed:
a. First Preference: Those whose service and qualifications show high 
educational attainment, technical training, specialized experience, or
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12
exceptional ability in the sciences, arts, professions, or business as 
would reasonably enhance and contribute substantial benefits 
prospectively to the national economy, or cultural or educational 
interests or welfare of the Philippines, including their family 
members, accompanying or following to join them, who shall likewise 
be allotted Individual quota numbers;
b. Second Preference: Parents of a naturalized Philippine citizen;
c. Third Preference: Spouses or minor children of foreign nationals who 
are lawful permanent residents of the Philippines; and
d. Fourth Preference: Parents of foreign nationals who are lawful 
permanent residents of the Philippines.
Sec, 46. Allotment of Quota. - The Commissioner shall, with respect to
13 
the first preference, allot not more than fifty percent (50%) of the annual
14 
quota allotment up to the end of June each year: Provided, That If the fifty
15 
percent (50%) allotment for one nationality is not utilized by the first 
preference, the balance thereof shall be given to the second, third, and fourth 
preferences for the same nationality in accordance with the preceding Section. 
Any unused quota allotment for a calendar year sh -'ll not be carried over and 
utilized for the ensuing calendar year.
Sec. 47. Basis in Determination of Quota Allotment - The nationality of 
immigrants whose admission is subject to the numerical limitation imposed by 
Section 45 of this Act shall be that of the country of which the immigrant Is a 
national or a citizen. The nationality of immigrants possessing dual nationality 
may be that of either of the two countries regarding them as a national or 
citizen if they apply for a visa in a third country. If such immigrants apply for a 
visa within one of the two countries regarding them as a national or citizen, 
their nationality shall be that of the country in which they filed their application 
for a visa to enter the Philippines.
16
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Sec. 48. Non-Quota Immigrants. - The following immigrants, known as 
''non-quota immigrant^1, may be admitted without regard to numerical 
limitation and immigration reciprocity:
a. The spouse of a Philippine citizen: Provided, That abandonment by the 
foreign spouse, the failure to give support by the foreign spouse to the 
Filipino spouse and family, and the legal sepa ation or termination of the 
marital status by annulment, declaration of nullity of marriage or divorce 
where the cause is attributable to the foreign spouse, shall constitute 
grounds for cancellation of the immigrant visa issued to the foreign 
spouse;
b. A person of Filipino descent regardless of generation;
c. 
A child born to a foreign mother during her temporary visit abroad, the 
mother being a lawful permanent resident of the Philippines, if 
accompanied by or coming to join the mother who applies for admission 
within five (5) years from the birth of the child;
d. A child born subsequent to the issuance of an immigrant visa to the 
accompanying parent, the visa not having expired or revoked;
e. A foreign national who had been previously lawfully admitted into the 
Philippines for permanent residence, who is returning from a temporary 
visit abroad to an unrelinquished residence in the Philippines;
f. A natural-born citizen who becomes a naturalized citizen of a foreign 
country and Is returning to the Philippines for permanent residence 
therein, Including the spouse and minor children accompanying or 
following to join such person; and
g. Spouse, parent, children, legitimate siblings of a foreign national who is 
gainfully employed and holder of a permanent resident status for a 
period of seven (7) years.
CHAPTER 3
NATIVE-BORN FOREIGN NATIONAL
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Sec. 49. Status of Children Born to Immigrants. - A child born in the 
Philippines to parents who are foreign nationals and lawful residents of the 
Philippines shall be deemed a native-born permanent resident.
Sec. 50. Status of Children Born to Non-immigrants. - A child born to 
parents who are both non-immigrants shall be deemed a native-born non­
immigrant or temporary resident and may remain in the Philippines oniy during 
the period of authorized stay of the parents, unless the child reaches the age 
of eighteen (18) years while continuously residing in the Philippines, in which 
case such child may apply for naturalization under existing laws or for an 
appropriate visa.
CHAPTER 4
ADJUSTMENT OF STATUS
Sec. 51. Conditions for Adjustment of Status of Foreign Nationals. - The 
status of a foreign national admitted into the Philippines as non-immigrant may 
be adjusted by the Board to that of a foreigner lawfully admitted as a 
permanent resident if:
a. the foreigner makes an application for such adjustment
b. the foreigner is eligible to receive a quota or non-quota immigrant 
visa and is admissible to the Philippines as a permanent resident; 
and
c. a quota immigrant visa is immediately available to the foreign 
national at the time of application, without the need of first departing 
from the Philippines.
In all such cases, the personal appearance of the foreigner shall be 
required during the consideration of the application.
Sec. 52. Fifect of Approval on Application for Adjustment. - Upon the 
approval of an application for adjustment of stctus under the preceding 
section, the Commissioner shall record the foreign national's lawful admission 
as a permanent resident as of the date of the approval of the application and
37


1 
shall be included as part of the quota for the calendar year in accordance with
2 
Section 45 of this Act.
3 
Sec. 53. Adjustment of Status, When Not Allowed. - Adjustment of
4 
status under this Act shall not be applicable to:
5 
a. a foreign national who has violated or is in violation of immigration
6 
laws, rules and regulations, unless the violation Is without the fault of
7 
the foreign national or for purely technical reasons; and
8 
b. transients.
9 
Sec. 54. Loss of Status. - A registered foreign national, except a
10 
temporary visitor, who fails to return to the Philippines within a period of one
11 
(1) year from departure shall lose the status granted under this Act. Such
12 
foreign national may apply for an extension of the period within which to return
13 
prior to its expiration and pay the prescribed fees and charges In order to
14 
maintain the status or type of visa granted.
15 
CHAPTER 5
16 
DOCUMENTATION AND ADMISSION OF NON-IMMIGRANTS
17 
Sec. 55, Documentary Requirements of Non-immigrants. - Non-
18 
immigrants must present for admission into the Philippines valid passports
19 
issued by the governments of the countries to wh: :h they owe allegiance or
20 
other travel documents showing nationality and Identity as prescribed by
21 
regulations, a valid visa granted by the Consular Officer, if required, and such
22 
other relevant documents as may be required under existing laws, rules,
23 
regulations, or multilateral or bilateral agreements.
24 
Sec. 56. Conditions and Period of Authorized Stay of Temporary Visitors.
25 
- The initial period of authorized stay of a foreign national admitted as a
26 
temporary visitor under Section 44(a) of this Act shall not exceed fifty-nine (59)
27 
calendar days from the date of arrival, subject to bilateral, regional and
28 
multilateral visa agreements entered Into by the Philippines: Provided, That the
29 
conditions for extensions and total period of authorized stay shall be prescribed
38


1 
by the Commissioner: Provided, further, That during the foreign national's
2 
authorized stay: (a) he shall not take any employment, whether paid or
3 
unpaid; (b) he shall not establish or join in any business; or (c) he shall not e n
4 
d and become a student at a school, college, university, academy, or other
5 
educational institution, unless he is granted, upon proper application, a
6 
conversion to another immigration status provided under this Act.
7 
Sec. 57. Conditions for Issuance of Pre-Arranged Employment Visas. - A
8 
foreign national who is coming to the Philippines for prearranged employment
9 
shall not be issued a non-immigrant visa referred to In Section 44(g) of this Act
10 
until the Consular Officer shall have received authorization for the issuance of
11 
the same. Such authorizatic n shall be given only u )on the filing of a petition
12 
with the Board establishing, among others, that no person can be found in the
13 
Philippines willing and competent to perform the work or service for which the
14 
foreign national is desired and that the admission would be beneficial to the
15 
public interest. The petition shall be made under oath by the prospective
16 
employer or the latter's representative in the form and manner prescribed by
17 
the Board.
18 
If the Board finds that the petition complies with the requirements of
19 
the preceding paragraph and of other regulations, it shall grant the petition
20 
and shall promptly transmit the authorization to the DFA.
21 
Sec. 58. Submission of Crew List and Passenger Manifest -
22 
Simultaneous to the vessel's departure from the port of origin, the master,
23 
captain, agent, owner, or consignee of any commercial vessel arriving to the
24 
Philippines shall submit to the Bureau, within a rea ionabie time prior to such
25 
arrival, the crew lists, passenger manifests and such other information
26 
concerning the persons arriving on such vessel. In the same manner and
27 
condition, the master, captain, agent, owner or consignee of any commercial
28 
vessel departing from any port In the Philippines s'lall submit to the Bureau,
29 
within; a reasonable time prior to such departure, the crew list, passenger
39


1 
valid re-entry permit, if the child is accompanied by either parent
2 
within five (5) years from the date of the child’s birth; and
3 
c. A foreign national who is returning tc an unrelinquished lawful
4 
permanent residence in the Philippines after a temporary residence
5 
abroad and presents for admission a valid re-entry permit.
6 
CHAPTER 7
7 
VISA ISSUANCE
8 
Sec. 62. Nature of Visa. - Nothing in this, Act shall be construed to
9 
automatically entitle any foreign national, to whom a visa or other travel
10 
document has been issued, to enter the Philippines if, upon arrival at a port of
11 
entry, such foreign national is found to be inadmissible under this Act or any
12 
other law.
13 
Sec. 63. Visa Policy. - The policies governing the issuance, extension,
14 
renewal, and conversion of visas referred to in this Act shall be formulated by
15 
the Bureau and the DFA when appropriate, in consultation with concerned
16 
government agencies and offices.
17 
Sec. 64. Visa Issuance Abroad. - All visa issuances abroad shall be done
18 
by Consular Officers assigned at Philippine Foreign Service Posts in the
19 
following manner:
20 
a. Upon approval by the Commissioner and recommendation by a
21 
Consular Officer, a quota Immigrant visa may only be Issued to a
22 
foreign national who has made a proper application therefor, which
23 
shall specif/ the nationality to which the quota number is assigned,
24 
the Immigrant's particular status In such .ountry, the preference to
25 
which the foreign national is classified, the date on which the validity
26 
of the visa shall expire, and such additional information as may be
27 
required; and
28 
b. The DFA, through its Consular Offices at road or the Office of the
29 
Visa Director shall approve the issuance on non-quota Immigrant and
41


1 
non-immigrant visas to a foreign national who has made a proper
2 
application therefor.
3 
The Issuance of special non-immigrant visas falling under the
4 
jurisdiction of a particular government office or agency can only be done in
5 
coordination with and upon recommendation of the government agency or
6 
office concerned.
7 
Sec. 65. Requirements for Physical and Mantaf Examination Prior to
8 
Issuance of Immigrant Visa. - Prior to the issuance of an immigrant visa to any
9 
foreign national, the Consular Officer shall require such person to submit to a
10 
physical and mental examination in accordance with such regulations as may
11 
be prescribed by the Commissioner.
12 
Sec. 66. Visa Validity Period. - A single-entry non-immigrant or
13 
Immigrant visa Issued by a Consular Officer abroad pursuant to Section 64 of
14 
this Act shall be valid for a period not exceeding three (3) months: Provided,
15 
That in prescribing the validity of a period of a single-entry non-immigrant visa,
16 
the Consular Officer may allow a longer validity period based on reciprocity as
17 
accorded by the foreign country to citizens of the Philippines who a re within a
18 
similar class.
19 
An immigrant visa may be replaced under the original number during
20 
the calendar year in which the original visa was Issued to a foreign national
21 
who establishes to the satisfaction of the Consular Officer that the original
22 
Immigrant visa was not used during the period of its validity for reasons
23 
beyond the visa holder's control: Provided, That the foreign national is found
24 
by the Consular Officer to be eligible for another irr^migrant visa and has paid
25 
all the required fees.
26 
Sec. 67. Denial of Visa, Grounds. - The consular officer may deny the
27 
application for visa if it appears from the statements In the application or In the
28 
documents submitted the applicant is not eligible for a visa under this Act, or if
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1 
the applicant fails to comply with the requirements of any of the provisions of
2 
this Act.
3 
Sec. 68. Revocation of Visa issued by Consular Officer - The
4 
Commissioner may, for valid cause and upon confirmation by the DFA, revoke
5 
a visa issued by any Consular Officer. If the notice of revocation is not received
6 
and the visa holder applies for admission into the Philippines, the admission or
7 
entry of the foreign national shall be determined by the ImmigratioFi Officer
8 
upon his arrival at the port entry.
9 
CHAPTER 8
10 
RE-ENTRY AND EMIGRATION CLEARANCE
11 
Sec. 69. Re-entry. - In all instances when a registered foreign national,
12 
except a temporary visitor, departs or is about to depart temporarily from the
13 
Philippines with the intention to return within one (1) year from departure, the
14 
foreign national must secure a re-entry permit or, if the authorized stay is less
15 
than one (1) year, a Special Return Certificate, and pay the corresponding fees
16 
and charges therefor.
17 
Sec. 70. Emigration Clearance. - A registered foreign national who
18 
departs permanently from the Philippines shall surrender all Philippine
19 
immigration documents and apply for and be issued an Emigration Clearance
20 
Certificate, subject to the following conditions:
21 
a. The immigrant has no pending obligation with the government or
22 
any of its agencies or instrumentalities;
23 
b. The immigrant has no pending criminal, civil, or administrative
24 
proceeding which requires continued presence In the country: and
25 
c. There is no ongoing legislative inquiry where the immigrant is called
26 
upon to testify as a witness.
27 
A temporary visitor departing from the Philippines shall, after the
28 
expiration of the initial authorized stay, apply for emigration clearance and pay
29 
the prescribed fees and charges therefor.
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CHAPTER 9
2 
PRESIDENTIAL PREROGATIVES
3 
Sec. 71. Presidential Prerogatives. - Any provision of this Act to the
4 
contrary notwithstanding, the President may:
5 
a. Deny the entry and admission into the Philippines of, or impose such
6 
restrictions as may be deemed appropriate on, any foreign national
7 
or a class of foreign nationals, whenever the President finds that
8 
such entry would be detrimental to the interest of the Philippines;
9 
b. Waive passport or documentary requirements for non-immigrants
10 
and immigrants under such terms and conditions as may be
11 
prescribed;
12 
c. Change the status of non-immigrants by allowing them to acquire
13 
permanent residence status without necessity of a visa;
14 
d. Deport any foreign national, subject to the requirement of due
15 
process;
16 
e. Admit non-immigrants not otherwise provided for in this Act for
17 
humanitarian consideration and when 
not detrimental to public
18 
interest, under such terms and conditions as may be prescribed;
19 
f. Prohibit the departure from the Philippines of any person who is
20 
likely to disclose information affecting national security, or who is
21 
likely to organize a rebellion abroad against the Philippines, or whose
22 
presence in the country is necessary to face, or be a witness In,
23 
criminal proceedings; and
24 
g. Exercise, with respect to foreign nationals in the Philippines, such
25 
powers as are recognized by the generally accepted principles 
of
26 
International law.
27 
TITLE IV
28 
PROVISIONS RELATING TO ENTRY
29 
CHAPTER 1
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1 
CLASSIFICATION OF PORTS OF ENTRY
2 
Sec. 72. Authority to Classify Ports, - The Commissioner shall classify
3 
and designate, from among the ports of entry established by law for
4 
immigration purposes, limited or unlimited ports of entry through which foreign
5 
nationals may be admitted into the Philippines. Only such classes of foreign
6 
nationals as provided under the rules and regulations prescribed by the
7 
Commissioner may be admitted at limited ports of entry. The Commissioner
8 
may, after due notice to the public, close designated ports of entry in the
9 
interest of national security or public safety.
10 
CHAPTER 2
11 
PROCEDURES ON ARRIVAL
12 
Sec. 73. Inspection by Immigration Personnei. - A foreign national
13 
seeking admission or readmission shall present a valid passport and visa, if
14 
required, to the Immigration Officer at the port of entry and shall be subject to
15 
primary inspection. The decision of the examining Immigration Officer, if
16 
favorable to the admission of any foreigner, may be challenged by another
17 
Immigration Officer on any ground provided in this /\ct. The final determination
18 
on the admissibility of such foreign national shall be determined by the
19 
Commissioner within forty-eight (48) hours In case no resolution is reached
20 
between the Immigration Officers on the challenged admission. In case of
21 
admission, the Immigration Officer shall indicate in d\e passport the date, the
22 
port of entry and the identity of the vessel boarded.
23 
Sec. 74. Detention or Quarantine for Examination, - For the purpose of
24 
determining whether a foreign national arriving at any port in the Philippines
25 
belongs to any of the classes excludable under th s Act by reason of being
26 
afflicted with any of the contagious or communicable disease or mental
27 
disorder as set forth under Section 84(a) of this Act or whenever the
28 
Commissioner has received information showing that foreigners are coming
29 
from a country or a place where any of such diseases are prevalent or
45


1 
widespread, the foreigner shall be detained or quarantined for a reasonable
2 
period of time to enable the immigration and medical officers to subject such
3 
person to observation and examination.
4 
Sec. 75. Medical B:amination Requirement - Any arriving foreign
5 
national whom the examining Immigration Officer believes to belong under the
6 
class of excludable foreign nationals specified in Section 84(a) of this Act shall
7 
be referred to designated medical officers for physical and mental examination.
8 
Such medical officer shall certify the findings of the examination for the
9 
information of the Immigration Officer.
10 
Sec. 76. Arrival Notice Requirements of Vessel. - The immigration
11 
authorities shall be given prior notice of the arrival of any civilian vessel before
12 
such vessel comes into any area In the Philippines from any place outside
13 
thereof. Such prior notice shall not be required In the case of vessels with
14 
scheduled arrivals filed with the Immigration Officer in charge at the
15 
international port of entry.
16 
If, upon arrival in any area other than the designated port and there is
17 
no available Immigration Officer therein, the master, pilot, captain, agent or
18 
consignee shall not allow the passengers and crew members to disembark or
19 
leave the primacy inspection area until the Immigration Officer shall have
20 
conducted the primary inspection formalities.
21 
CHAPTER 3
22 
FOREIGN CREWMEMBER
23 
Sec. 77. Conditional Permit to Disembark. - A foreign crewmember of a
24 
vessel under Section 44 (c) of this Act may be granted a conditional permit, in
25 
a form prescribed by regulations, to disembark temporarily from the vessel on
26 
which such crewmember arrived while the vessel remains in port under such
27 
terms and conditions as may be prescribed by the Commissioner.
28 
Sec. 78. Confiscation and Cancellation of Permit; Deportation from the
29 
Philippines. - Upon the determination that the foreign national is not a bona
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1 
fide crewmember or does not intend to depart on the vessel that brought him,
2 
the Commissioner shall cancel and confiscate the conditional permit already
3 
issued, take such foreign national into custody, and require the owner,
4 
operator, captain, master, pilot, agent, or consignee of the vessel on which the
5 
foreign national arrived to receive and detain him on board. The expenses for
6 
removal of the foreign national, including the cost of detention and other
7 
expenses Incidental thereto, shall be borne by the owner, operator, captain,
8 
master, pilot, agent or consignee of such vessel.
9 
Sec. 79. Liability for Overstaying Foreign Crewmen. - A foreign
10 
crewmember who remains in the Philippines more than the period allowed in
11 
the conditional permit issued to him shall be solidarity liable with owner,
12 
operator, captain, master, pilot, agent or consignee of the vessel to pay the
13 
penalties prescribed in Section 124 of this Act.
14 
Sec. 80. Liability for Unauthorized Discharge of Foreign Crewmember. -
15 
It shall be unlawful for any person, including the owner, operator, captain,
16 
master, pilot, agent or consignee of any vessel to discharge any foreign
17 
crewmember employed by a vessel arriving in the PNippines and while in port,
18 
without first obtaining the prior permission of the Commissioner. Otherwise,
19 
such person or owner, operator, captain, master, pilot, agent or consignee of
20 
the vessel shall pay such fines as may be prescribed under this Act. No vessel
21 
shall be granted clearance form any port in the Philippines while such fines
22 
remain unpaid or while the validity thereof is being determined: Provided, That
23 
a clearance may be granted prior to such determination upon deposit of a sum
24 
or cash bond sufficient to cover such fines as approved by the Commissioner.
25 
Sec. 81. Duty to Report Desertion or Illegal Landing of Foreign
26 
Crewmember. - The owner, operator, captain, master, pilot, agent or
27 
consignee of any vessel shall immediately report, in writing, to the Immigration
28 
Officer all cases of desertion or illegal disembarkation in the Philippines from
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29
the vessel, together with a description of such foreign national and any 
information that shall result in their apprehension.
Sec. 82. Requirement for Submission of List of Newiy Employed, 
Discharged and liiegaiiy Landed Foreign Crewmember. - Prior to the departure 
of any vessel from the last port in the Philippines destined to any place outside 
thereof, the owner, operator, captain, master, pilot, agent or consignee thereof 
shall deliver to the Immigration Officer at that port a list containing:
a. The names of crewmembers who were not employed thereon at the 
time of the vessel s arrival on such port but will depart thereat on the 
same vessel;
b. The names of those who have been discharged, if any;
c. The names of those who have deserted or illegally landed at that 
port. If any; and
d. Such other additional information as the Commissioner deems 
necessary.
Sec. 83- Liabiiity for Faiiure to Submit Compiete, True and Correct 
Report. - The owner, operator, captain, master, pllov, agent, or consignee who 
fails to submit a true and complete list or report of foreign nationals or to 
report cases of desertion or illegal landing shall pay such sum as may be 
prescribed under Section 121 of this Act. No vessel shall be granted clearance 
from any port in the Philippines while such fine remains unpaid or white the 
validity thereof is being determined: Provided, That clearance may be granted 
prior to such determination upon deposit of a sum or cash bond sufficient to 
cover such fines as approved by the Commissioner.
CHAPTER 4 
EXCLUSIONS
Sec. 84. Exciusion Grounds. - The following classes of foreign nationals 
shall not be allowed entry and shall be excluded from the PhIBppines:
a. Health Related Grounds
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14
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21 
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23
24
25
26
27
28 
29
1. Those who are found to be suffering from a communicable, 
dangerous or contagious disease, unless excepted under existing 
laws, rules and regulations;
2. Those who are found to be suffering from mental disorder or 
associated behavior that may pose a t :reat to persons or danger 
to property;
3. Those who are found to be suffering from addiction to prohibited 
or regulated substance;
b. Economic Grounds
1. Those likely to become a public charge;
2. Those seeking entry for the purpose of performing skilled or 
unskiied labor, without a permit from the Secretary of the 
Department of Labor and Employment is required by law;
c. Moral Grounds
1. Those coming to the Philippines to practice polygamy or who 
advocate the practice of polygamy unless the person's 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 contemptuous or disrespectful behavior 
towards the said officer or any government official or employee of 
the Bureau;
d. Criminal and Security Grounds
1. Those who have been convicted of a crime involving moral 
turpitude or who admit to the Immigration Officer having
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27
committed such crime, or who attem.pt and conspire to commit 
the crime;
2. Those who have been convicted, or who admit having committed, 
or are committing acts which constitute the elements of a 
violation or conspiracy to violate any law or regulation of the 
Philippines or a foreign country relating to a controlled, regulated 
or prohibited substance, or who admit having attempted or 
conspired to commit the crime;
3. Those that the Philippine Government knows or has reason to 
believe is a trafficker of any controlled, regulated or prohibited 
substance or knows or has reason to believe is or has been an 
accomplice, accessory, abettor, or co-conspirator in the illicit 
trafficking of any controlled, regulated or prohibited substance;
4. Those who are fugitives from justice;
5. Those who seek to enter the Philippines to engage in:
a. Espionage or sabotage, or a violation or evasion of any laws 
prohibiting export of goods, technology or sensitive 
information,
b. Any activity aimed to promote membership in an organization 
of syndicated criminal activities;
c. Any activity, the purpose of which is to overthrow the 
Philippine government by force, violence or other unlawful 
means; and
d. Any other unlawful activity;
6. Those who are engaged or believed to be engaged or likely to 
engage in, aid, abet or finance any terrorist activity and members 
or representatives of a foreign terrorist organization;
50


1 
7. Those who have been identified by competent authorities, local or
2 
foreign, as hav1ng engaged or are engaging in human trafficking
3 
and smuggling;
4 
8. Those who under fifteen (15)years of age and unaccompanied by
5 
or not coming to a parent, except that they may be admitted at
6 
the discretion of the Commissioner, if otherwise admissible:
7 
Provided, That they present a written consent to travel from
8 
either parent citing the purpose thereof and affirmed by a
9 
Consular Officer; and
10 
9. Those who have been identified by competent authorities, local
11 
and foreign, as having engaged or are engaging in 
importation of
12 
contrabands and other prohibited articles into the country.
13 
Sec. 85. Temporary Custody of Excludable Foreign Nationals. - For the
14 
purpose of ascertaining whether a foreign national arriving in the Philippines
15 
belongs to any of the excludable classes of foreign r ational provided in this Act
16 
or related laws, the Immigration Officer, for a period not exceeding seventy-
17 
two (72) hours, may temporarily take into custody for investigation such
18 
foreign national either on board the vessel or at a place designated for the
19 
purpose at the expense of the master, captain, agent, owner or consignee of
20 
the carrying vessel.
21 
Sec. 86. Finality of Exciusion Order. - An order by the Immigration
22 
Officer to exclude a foreign national who is excludable under this Act is final
23 
and executory unless revoked by the Commissioner upon a timely appeal prior
24 
to the implementation of the exclusion order.
25 
Sec. 87. Authority to Waive Grounds for Exclusion. - Except for grounds
26 
of exclusion under Section 84(d), subparagraphs 1 to 7 and 9, the
27 
Commissioner may waive any of the grounds for exclusion mentioned In
28 
Section 84 of this Act.
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Sec. 88. Procedure of Removal and Cost Thereof. - Foreign nationals
2 
arriving in the Philippines who are ordered excluded shall be immediately
3 
removed in the same accommodation to the count y where they boarded the
4 
vessel on which they arrived, unless the Commissioner determines that
5 
immediate removal Is not proper and practicable, in which case such excluded
6 
foreign nationals shall be ordered detained. The cost of detention and other
7 
expenses Incident thereto shall be borne by the owi er, operator, master, pilot,
8 
captain, agent or consignee of the vessel on which such foreign nationals
9 
arrived.
10 
Sec. 89. Country Where Removal is to be Directed. - If the government
11 
of the country designated in the preceding section will not accept the foreign
12 
national into its territory, the removal of the foreign national shall be directed
13 
at the Commissioner's discretion to any of the following:
14 
a. The country of which the excluded foreign national is a citizen or
15 
national;
16 
b. The country of birth;
17 
c. The country of the foreign national's habitual residence; or
18 
d. The country willing to accept the foreign national into its territory. If
19 
removal to any of the foregoing countries Is Impractical or
20 
impossible.
21 
Sec. 90. Obligation of Owner, Operator, Master, Captain, Pilot, Agent or
22 
Consignee. - It shall be unlawful for an owner, operator, master, captain, pilot,
23 
agent, or consignee of a vessel to refuse or fail to:
24 
a. Board a foreign national ordered excludec and removed in the same
25 
vessel or another vessel owned or operated by the same company;
26 
b. Detain a foreign national on board any such vessel at the port of
27 
arrival when required by this Act or when so ordered by an
28 
Immigration Officer;
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c. Deliver a foreign national for medical or other examination when so
2 
ordered by an Immigration Officer;
3 
d. Remove a foreign national from the Ph lippines to the country to
4 
which the individual's removal has been directed; or
5 
e. Pay the cost of detention and other expenses incidental thereto
6 
incurred while the excluded foreign national is being detained as
7 
required by Section 98 of this Act or other costs necessary or
8 
incidental to his removal as provided In this Act.
9 
Sec. 91. Penalty for Non-compliance of Obligation. - The owner,
10 
operator, master, captain, pilot, agent, or consignee of a vessel who violates
11 
Section 90 of this Act shall pay the fines prescribed in Section 122 of this Act.
12 
No vessel shall be granted clearance from any port iii the Philippines while such
13 
fine remains unpaid or while the validity thereof Is being determined: Provided,
14 
That clearance may be granted prior to such determination upon deposit of a
15 
sum or cash bond sufficient to cover such fine as approved by the
16 
Commissioner.
17 
TITLE V
18 
DEPORTATION
19 
CHAPTER 1
20 
DEPORTABLE FOREIGN NATIJNALS
21 
Sec. 92, Classes of Deportabie Foreign Nationals. - The following foreign
22 
nationals shall be taken into custody upon the order of the Commissioner and
23 
deported upon recommendation by the BSI and approval by the Board:
24 
a. Those who entered the Philippines: (1) by means of
25 
misrepresentations or false or misleading statements or documents,
26 
or (2) without inspection and admission by the immigration
27 
authorities;
28 
b. Those who were not lawfully admissible at the time of entry;
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c. Those who abet or aid in the practice of prostitution, including the 
owner or manager of a prostitution den, or who are pedophiles;
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 and violence of the Government of the Republic of the 
Philippines or any duly constituted authority, or those who do not 
believe in or are opposed to organized governments, or those who 
advise, advocate or teach the assault or assassination of public 
officials, or those who advise, advocate, or teach the unlawful 
destruction of property, or those who are members of or affiliated 
with any organization entertaining, advocating or teaching such 
doctrines, or those who in any manner whatsoever extend 
assistance, financial or otherwise, in the dissemination of such 
doctrines;
g. Those who, at any time after entry, engage in, abet, aid or finance 
any terrorist activity;
h. Those who, at anv time after entry, are d arged of a crime mvolving 
acts or omissions punishable under Philippine penal laws cognizable 
by the Regional Trade Courts and the Sandiganbayair,
i. Those who, at any time after entry, are convicted by final judgement 
of a crime Involving moral turpitude punishable under Philippine 
penal laws;
j. Those who were admitted as non-immigrants and who obtained an 
adjustment of their admission status for convenience, or through 
fraud, falsification of documents, misrepresentations or concealment 
of material facts;
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k. Those who violated Philippine labor and taxation laws, rules and
2 
regulations;
3 
I. Those who are found to be undesirable and whose further stay in the
4 
Philippines is inimical to public welfare and Interest, or the dignity of
5 
the Filipinos, or the Republic of the Philippines as a sovereign nation;
6 
m. Those who forge, counterfeit, alter or falsely make any document; or
7 
use, attempt to use, possess, obtain, accept or receive or provide
8 
any forged, counterfeit, altered or fa!sel> made document; or use,
9 
attempt to use, provide, attempt to provide, accept or receive a
10 
genuine document, even of another person, without authority to do
11 
so for the purpose of satisfying or complying with the requirements
12 
of the Bureau;
13 
n. Those whose presence or activities in the country may result in
14 
adverse consequences to Philippine foreign policies as determined by
15 
the Secretary of Foreign Affairs;
16 
0. Those who misrepresented themselves as Filipino citizens in all
17 
immigration matters; and,
18 
p. Those who commit any violation of the provisions of this Act,
19 
independent of any criminal action which may be brought against
20 
them: Provided, That in case of a foreign national who, for any
21 
reason, is convicted and sentenced to sufrer both imprisonment and
22 
deportation, said foreign national shall first serve the entire period of
23 
the sentence before being deported.
24 
Sec. 93. Non-Prescription of Deportation Cases. - The right of the State
25 
to initiate deportation proceedings shall not prescribe.
26 
Sec. 94. Nature of Deportation Proceedings. - Deportation proceedings
27 
shall be independent of any action that may be instituted against a foreign
28 
national: Provided, That no deportation orders shall be issued against foreign
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nationals facing preliminary investigation, prosecution and trial before 
competent authorities.
CHAPTER 2
DEPORTATION OF FOREIGN NATIONALS
Sec. 95. Formal Charge of Deportation. - A formal charge for 
deportation shall be issued upon determination of the existence of a phma 
facie case against the foreign national.
Sec. 96. Bail. - Pending final determination of the foreign national's 
deportation case, the foreign national shall, upon the discretion of the 
Commissioner, remain under detention or 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 foreign national is evading the proceedings or is 
attempting to abscond, in v/hich case such foreign national shall be taken into
14 custody and placed under detention by order of the Commissioner.
Sec. 97. Custody of a Foreign National Convicted of a Felony or an 
Offense. - After service of his sentence or compliance with the conditions of his 
parole or probation, as the case may be, the foreign national shall be taken 
into custody for Immediate deportation by order of the Board.
Sec. 98. Voluntary Removai/ When Authorized. - The Commissioner may 
waive the deportation proceedings and order the departure of the foreign 
national within the period specified In the voluntary deportation order if the 
foreign national does not contest the formal charge and opts to voluntarily 
leave the country and pays for all expenses: Provided, That the foreign national 
has not committed any criminal offense or has no pending criminal 
investigation: Provided, further, That the said foreign national so deported shall 
be barred from re-entering the county without prior written authorization from 
the Commissioner.
Sec. 99. Period to Enforce Order of Deportation. - The order of 
deportation shall be enforced immediately, but in ro case shall exceed three
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(3) months from the date it has become final and executory. If deportation is 
not enforced within the prescribed period, the foreign national may be released 
on bail or recognizance.
Sec. 100. Suspension of Deportation Order. - The Commissioner may 
suspend the implementation of the deportation order and order the release of 
the foreign national on ball or recognizance, considering the following factors:
a. Age, health, family or conduct;
b. Period of detention;
c. Impact on national security and public welfare;
d. Unavailability of travel documents;
e. Existence of an application for refugee or statelessness status; or
f. Other humanitarian considerations.
Sec. 101. Reinstatement of a Deportation Order. - A deportation order 
previously implemented against a foreign national who unlawfully re-entered 
the Philippines shall be deemed automatically reinstated and shall be 
Implemented in accordance with this Act. This provision shall also apply to a 
foreign national who departed voluntarily under Sec tion 98 of this Act and re­
entered the Philippines unlawfully or without prior written authorization from 
the Commissioner.
Sec. 102. Country of Destination of a Deportee. - Except as provided for 
under an existing treaty or international agreement, a foreign national shall be 
deported to the country of which the person is a citizen or national, or foreign 
national's country of birth, or the country of which the individual is a resident, 
or the country from which the individual embarked for the Philippines, subject 
to the acceptance by the receiving country.
Sec. 103. Cost of Deportation. - The cost of deportation shall be borne 
by the owner, operator, captain, master, pilot, agent or consignee of a vessel 
in case its foreign crewmember is to be deported under Section 92 of this Act. 
In all other cases, the cost of deportation shall be borne either by the
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deportee, the concerned consular office, nongovernment organizations or 
people's organization with which the Bureau has an agreement on this matter, 
or from the appropriations for the enforcement of this Act.
Sec. 104. Liability of Owner, Operator, Captain, Master, Pilot, Agent or 
Consignee of a Vessel. - FaHure or refusal on the part of the owner, operator, 
captain, agent, or consignee of a vessel to take on board, guard safely, and 
transport the person subject of removal to his country of destination, or to 
shoulder the cost of removal of the foreign crewmember as provided in Section 
101 hereof, shall be punished by an administrative penalty prescribed in Title 
VI, Chapter 7 of this Act.
Sec. 105. Expenses of the Accompanying Person. - The Commissioner 
may, for security reasons or by reason of mental or physical condition of the 
deportee, direct an employee of the Bureau to accompany such deportee to 
the country of the deportee's destination, subject to provisions of Section 103 
of this Act.
CHAPTER 3
INDIGENT FOREIGN NATIC NAL
Sec. 106. Removal of indigent Foreign National. - At any time after 
entry, the Commissioner may remove indigent foreign nationals from the 
Philippines to the country of which they are citizens or nationals, their country 
of birth, or their country of residence, as the o'se may be. The cost of 
deportation may be charged against the available funds of the Bureau. Any 
foreign national removed under this section shall be barred re-admission, 
except upon written authorization of the Board.
The provision shall not apply to a foreign national declared as an 
indigent by any Philippine court for purposes of filing a case or to pursue an 
action which resulted in the Individual's indigency until such case or action is 
resolved with finality: Provided, That no other grounds for deportation exist 
during the pendency of such case or action.
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TITLE VI
MISCELLANEOUS PROVISIONS 
Chapter 1
REGISTRATION OF FOREIGN NATIONALS
Sec. 107. Requirement of Registration. - All foreign nationals, regardless 
of any exemption provided by law, shall register with the Bureau or any 
Immigration Office nearest to their place of residence on or before the sixtieth 
(60th) day of their latest arrival in the Philippines.
Sec. 108. Registration Form and Oath. - /Applications for registration 
shall be under oath and in such form as prescribed by the Bureau. Upon 
registration, a certificate of registration shall be issued to the registrant. In 
case of loss or destruction of the certificate, a replacement certificate may be 
issued by the Bureau upon proper application and pc yment of prescribed fees.
Sec. 109. Amendment of Registration. - Registered foreign nationals 
shall notify the Bureau in writing of any change of information in their 
registration documents not later than seven (7) days from such change.
Sec. 110. Presentation of Certificate of Registration. - Every foreigner 
required to register under this Act or the parent or guardian of such foreigner 
shall, upon demand of any authorized immigration official, present his 
certificate of registration, and failure to do so without justifiable cause shall be 
dealt with in accordance with the provisions of this Act.
Sec. 111. Reportoriai Requirement - Every oreign national registered 
under this Act shall, within the first sixty (60) days of every calendar year, 
report in person to the Bureau. The Commissioner may exempt personal 
appearance of foreign nationals registered under this Act subject to certain 
requirements and conditions as may be prescribed in the rules and regulations 
Issued for the purpose.
Sec. 112. Failure to Comply with Requirements. - A foreign national, or 
the parent or guardian of the foreign national, who, without justifiable reason.
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fails to comply with al! the requirements under this Act, or who files an 
application for registration containing statements known by the individual to be 
false, or who utilizes registration documents other than that of the individual, 
shall be dealt with in accordance with the provisions this Act and other existing 
laws.
Sec. 113. Cancellation of Registration of Foreign National. - In case of 
death of a foreign national registered under the provisions of this Act, the legal 
heir, representative or administrator of the foreign national must inform the 
Bureau within sixty (60) days from date from such death, and the Bureau shall 
cancel the registration of the deceased foreign national. The Local Civil 
Registrar or other civil registry officer of the locality where said foreign national 
died shall furnish the Bureau with a copy of the Certificate of Death within 
thirty (30) days from issuance thereof. Failure on the part of the persons 
concerned to comply with the requirements specified in this Section shall be 
dealt with pursuant to the provisions of existing laws.
CHAPTER 2
BONDS AND DEPOSITS
Sec. 114. Bonds, When Required. - The Bureau shall have the authority 
to require cash bonds In such amounts and under such conditions as it may 
prescribe In order to:
a. control and regulate the admission Into, and departure from, the 
Philippines of foreign nationals applying fo * temporary admission;
b. insure against foreign passengers liable to be excluded as likely to 
become public charges; and
c. ensure the appearance of foreign nationals released from custody 
during the course of deportation proceedir gs instituted against them.
Sec. 115. Requirement of Cash Deposits for Services Rendered. - The 
Bureau shall likewise have the authority to require cash deposits in such 
amounts as may be necessary from a vessel's owner, operator, captain.
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master, pilot, agent, or consignee or other persons served for services
2 
rendered as establish by the implementing rules and regulations.
3 
Sec. 116. Cancellation and Forfeiture of Bonds. - When the conditions of
4 
the bond are fulfilled, or In case the Commissioner determines that the
5 
likelihood that a foreign nahonal shall become pubfc charge no longer exists,
6 
or in case of death of the foreign national in whose behalf the bond is posted,
7 
the bond shall be cancelled and released to the depositor or the legal
8 
representative of the foreign national. In case of violation of the conditions of
9 
the bond, the same shall be forfeited and deposited in a trust fund which may
10 
be utilized for the purchase of passage tickets for the deportation of indigent
11 
foreign nationals and to cover the costs of operations in locating deportees
12 
who jump bail.
13 
CHAPTER 3
14 
RECOGNIZANCE
15 
Sec. 117. Petitions for Recognizance, Sanction for Breach of Conditions.
16 
- The Commissioner may order the release of a foreign national upon
17 
recognizance of the foreign national's lawyer or a person who is of good
18 
standing In the community, under such terms and conditions as the Board may
19 
prescribe. Failure to comply with the terms and conditions of the recognizance
20 
shall subject said lawyer or person to a fine of not less than Fifty Thousand
21 
(P50,000.00) pesos but not more than One Hundred Thousand pesos
22 
(P100,000.00), without prejudice to other administrative sanctions or
23 
proceedings against the erring party.
24 
CHAPTER 4
25 
COOPERATION AND COORDINATION WITH OTHER OFFICES
26 
Sec. 118. Working Cooperation with the Department of Foreign Affairs 
TJ (DFA). - For purposes of efficient implementation and administration of this 
28 Act, the Bureau shall maintain a working cooperation with the DFA.
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Sec. 119. Working Cooperation with the Commission on Higher
2 
Education (CHED). - The Bureau shall maintain a working cooperation with the
3 
CHED with respect to the accreditation of schools and learning centers for
4 
enrollment of foreign students as authorized under this Act.
5 
Sec. 120. Working Cooperation with the Civ;f Aviation Authority of the
6 
Phiiippines (CAAP). - The Bureau shall maintain e working cooperation with
7 
the CAAP with respect to accreditation of flying schools for the enrollment of
8 
foreign students.
9 
Sec. 121. Coordination with Law Enforcement Security and Other
10 
Offices. - The Bureau shall have the authority to maintain coordination with
11 
the National Security Council (NSC), the Philippine National Police (PNP), and
12 
other law enforcement agencies of the government.
13 
CHAPTER 5
14 
FEES AND CHARGES
15 
Sec. 122- Authority of the Board to Prescribe, Impose and Coiiect Fees
16 
and Charges. - The Board is authorized to prescribe. Impose and coiiect fees
17 
and charges for services rendered, pursuant to the provisions of this Act.
18 
CHAPTER 6
19 
ADMINISTRATIVE FINES
20 
Sec. 123. Fine for Faiiing to Submit Crew List or Passenger Manifest, or
21 
Faiiure to Account Every Passenger and Crew. - Any owner, operator, master,
22 
captain, pilot, agent, or consignee of a vessel arriving at any port in the
23 
Philippines from a place outside thereof who fails to submit to the immigration
24 
authorities a complete and accurate crew list or passenger manifest, or fails to
25 
produce or account every crewmember or passenger whose name appears in
26 
said list or manifest shall be subject to fines of One hundred thousand pesos
27 
(P100,000.00) and Fifty thousand pesos (P50,000,00) for each unaccounted
28 
person, respectively.
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Sec. 124. Fine for Violation of Obligation on the Landing or Removal of
2 
Foreign Nationals. ~ Any owner, operator, master, captain, pilot, agent, or
3 
consignee of any vessel arriving at a port of the Philippines from a place
4 
outside thereof having a foreign national on board in violation of this Act shall
5 
be fined not less than Fifty thousand pesos (P50,000.00) but not more than
6 
Two hundred thousand pesos (P200,000.00) for ead^ act or violation consisting
7 
of:
8 
a. Failure to prevent the landing of such foreign national in the
9 
Philippines at any time of place other than as designated by the
10 
Immigration Officer;
11 
b. Refusal or failure to detain a foreign national on board any such
12 
vessel at the port of arrival when required by this Act or so ordered
13 
by an Immigration Officer;
14 
c. Refusal or failure to deliver a foreign nat ional for medical or other
15 
examinations wheii so ordered by an Immigration Officer;
16 
d. Refusal or failure to pay the cost of maintenance and other costs, as
17 
required by this Act, of such foreign national when temporarily
18 
removed from the vessels for examination by order of the
19 
Immigration Officer;
20 
e. Refusal to receive such foreign national on board for removal from
21 
the Philippines if the foreign national Is excluded, or to pay the cost
22 
of removal as required under Sections 90 and 104 of this Act:
23 
f. Refusal or failure co take on board, guarci safely, and transport the
24 
deportee to the foreign nationahs country of destination, or to
25 
shoulder the cost of deportation of the foreign crew member; and
26 
g. Making any charge against such foreign national for the cost referred
27 
to in (d) above, or for the cost of the removal of the foreign national
28 
from the Philippines if the latter is excluded or taking any security
29 
from the foreign national for the payment of any such costs.
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Sec. 125. Fine for Bringing Undocumented Foreign Nationai, or Foreign 
Nationai Affiicted with Communicabie or Contagious Disease, or Suffering from 
Mentai Disorder. - The owner, operator, master, captain, pilot, agent, or 
consignee of the vessel arriving at a port in the Philippines from a place outside 
thereof bringing on board an undocumented foreign national shall be fined One 
hundred thousand pesos (P100,000.00) for each foreign national. If the foreign 
national is afflicted with a communicable or contagious disease or Is suffering 
from mental disorder, the fine shall be not less than Two hundred thousand 
pesos (P200,000.00) but not more than Three hundred thousand pesos (P 
300,000.00) for each foreign national.
Sec. 126. Fine for Bringing a Foreign Nationai to Assist His liiegai Entry 
or Misrepresenting a Foreign Nationai as a Member of the Crew. - The owner, 
operator, master, captain, pilot, agent, or consignee of the vessel arriving at a 
port in the Philippines from a place outside thereof bringing on board a foreign 
national bound for the Philippines to assist the illegal entry of the foreign 
national, or misrepresenting the foreign national to the Immigration Officer at 
the port of arrival as a bona fide member of the crew, shall be fined not less 
than One hundred thousand pesos (PlOO,000.00) but not more than Two 
hundred thousand pesos (P200,000.00) for each fore ign national.
Sec. 127. Fine for an Overstaying Crewmember. - Any foreign 
crewmember who willfully remains in the Philippines beyond the period allowed 
for temporary landing shall be fined not less than Fifty thousand pesos 
(P50,000.00) but not more than One hundred thousand pesos (PIOO/OOO.OO). 
The owner, operator, master, captain, pilot, agent, or consignee of the vessel 
shall be solidarily liable for the fine imposed on such overstaying crewmember.
Sec. 128. Fine for Assauiting an Immigration Personnei - Any form of 
assault directed to any personnel of the Bureau is af - act of disrespect In case 
the assault is committed by a foreign national at the ports of entry and exit, 
such foreign national shall be excluded or deported, as the case may be, and
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shall be fined Two hundred thousand pesos (P200,000.00) without prejudice to
2 
the right of the aggrieved Immigration Personnel to file appropriate criminal,
3 
civil or administrative cases against such person.
4 
For purposes of this Act, an Immigration Officer shall be considered a
5 
person in authorit/ v\/hile i the performance of official duty.
6 
Sec. 129. Fine for Violation of Other Provisions of this Act. - owner,
7 
operator, master, captain, pilot, agent, or consignee of any vessel arriving at
8 
any port of the Philippines from a place outside thereof who violates any other
9 
provision of this Act not si /ecifically provided in this Chapter shall be fined not
10 
less than Fifty thousand pesos (P50,000.00) but not more than Two hundred
11 
thousand pesos (P200,000.00) for each violation.
12 
CHAPTER 7
13 
PENAL PROVISIONS
14 
Sec. 130. Prohibited Acts and Penalties. - Any person who shall commit
15 
any of the acts specified hereunder shall, upon conviction, suffer the penalty of
16 
Imprisonment for not less than five (5) years but not more than ten (10) years,
17 
or a fine of not less than One hundred thousand pesos (P100,000.00) but not
18 
more than Five hundred thousand pesos (P500,00J.00), or both imprisonment
19 
and fine, at the discretion of the court:
20 
a. Impersonating another individual, or falsely appearing in the name of
21 
a deceased individual, or evading immigration laws 
by using an
22 
assumed or ficdtious name when applying for an immigration
23 
document;
24 
b. Issuing or otherwise delivering an immigration document or an
25 
immigration accountable form, to any person not authorized by law
26 
to receive such cocuments;
27 
c. Obtaining, manufacturing, printing, accepting or using any
28 
immigration or travel document knowing It to be false, or using an
29 
immigration accountable form that is not legally Issued;
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d. Entering or leaving the Philippines without inspection and admission 
by the immigration authorities, or obtaining entry into or departure 
clearance from the Philippines through fraud, misrepresentation, or 
concealment of material facts;
e. Misrepresenting oneself to be a citizen of the Philippines;
f. Knowingly making a false statement under oath regarding any 
Immigration matter; or
g. Bringing into, or landing in the Philippines, or concealing, harboring, 
employing, or gi /ing comfort to, any person not duly admitted by an 
Immigration Personnel or not lawfully entitled to enter Into or reside 
within the Philippines, or attempting, conspiring with, or aiding 
another to commit any such acts.
Where the offender of any acts spec.fied In paragraph (g) of this 
Section Is a corporation, partnership or other juridical entity, the 
president, general manager, managing partner, or chief executive 
officer thereof shall be held liable. Dismissal of the employee by the 
employer before or after apprehension shall not relieve such 
employer from any liability arising from the offense: Provided, That if 
the offender is the owner, operator, master, captain, pilot, agent, or 
consignee, or other person in charge of the vessel that brought the 
foreign national into the Philippines from any place outside thereof, 
the fine imposeo under this section shall constitute a lien against the 
vessel which may be enforced in the same manner as fines are 
collected and enforced under existing laws. Such vessel shall not be 
allowed to depart without prior clearance issued by the Bureau. 
Where forfeiture is justified under the paiticular circumstances of the 
case, the forfeiture of the vessel In favor of the government in lieu of 
the fine shall be decreed.
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Conviction by final judgment of any offense punishable under this
2 
Act or other laws shall result in the automatic revocation or
3 
cancellation of any immigration document issued to the offender,
4 
including that of the foreign national's spouse and unmarried
5 
children, if applicable.
6 
Sec. 131. Penalty for Aiding the Escape of Detained Foreign National. - 
1 Any person who shall be found to have helped, assisted, supported, caused or
8 
ministered the escape, including harboring and concealing, of a foreign national
9 
shall, upon conviction, be imprisoned for not less than five (5) years but not
10 
more than ten (10) years and a fine of not less than Two hundred thousand
11 
pesos (P200,000.00): Provided, That If the person liable is a foreign national,
12 
such person shall be deported after service of sentence: Provided, further, That
13 
any tools, equipment, impioments or vehicles useo in the escape of a detained
14 
foreign national shall be destroyed or forfeited in favor of the government.
15 
Sec. 132. Penalty for Non-compliance of Subpoena. - Any person who,
16 
having been duly served with a subpoena, fails to comply without valid and
17 
justifiable reasons shall si ffer the penalty of Impi isonment of not more than
18 
fifteen (15) days or a fine of not more than One thousand pesos (P1,000.00),
19 
or both, at the discretion of the court.
20 
Sec. 133. Imposition of Maximum Penalty, When Applicable. - A person
21 
convicted under Republic Act No. 3019, as amended, otherwise known as the
22 
"Anti-Grant and Corrupt Practices Act", or other laws against corruption and
23 
bribery In relation to any violation or circumvention of any provision of this Act
24 
shall suffer the maximum penalty under the said Republic Act or other laws
25 
against corruption and bribery, as the case may be.
26 
CHAPTER 8
27 
UPGRADING OF POSITIONS, COMPENSATION AND BENEFITS
28 
Sec. 134. Creation of New Positions, Reclassification of Existing Positions
29 
and Upgrading of Salary Levels. - The following positions in the Bureau are
67


1 
hereby created, and the existing positions reclassified or upgraded, with the
2 
corresponding salary grade levels:
EXISTING POSITION
RECLASSIFIED
POSITION/
NEWLY-CREATED
POSITION
SALARY GRADE
From
To
Commissioner
Commissioner III
30
30
Deputy Commissioner
Deputy Commissioner III
29
29
Director II, Internal Affairs
Service
26
Attorney V (Board of
Special Inqu^)
Attorney V, Board of Special
Inquiry
25
25
Attorney IV (Board of
Special Inquiry)
Attorney IV, Board of Special
Inquiry
23
23
Attorney III (Board of
Special Inquiry)
Attorney III, Board of Special
Inquiry
21
21
Attorney V (Legal
Division)
Chief Legal Affairs Officer
25
25
Attorney IV (Legal
Division)
Attorney IV, Legal Division
23
23
Attorney III (Legal
Division)
Attorney III, Legal Division
21
21
Chief Administrative
Officer (Adminiszrative
Division)
Chief Administrative Officer
24
24
Supervising
Administrative Officer
Supervising Administrative
Officer, Administrative
22
22
68


Division
Chief Immigration Officer
(Alien Registration
Division)
Chief Alien Registration
Officer
24
24
Intelligence Officer V
(Intelligence Division)
Chief Immigration
Intelligence Officer
24
24
Chief Immigration Law
Enforcement Officer
24
Chief Immigration Officer
(Port Operations Division)
Chief Immigration Operations
Officer
24
24
Chief Immigration Officer
(Immigration Regulation
Division)
Chief Immigration Regulation
Officer
24
24
Chief Human Resource
Management Officer (Chief
Personnel Specialist)
24
Supervising Human Resource
Management Officer
22
Chief Administrative
Officer (Finance and
Management Di^/ision)
Chief Finance and Logistics
Officer
24
24
Supervising
Administrative Officer
(Finance and
Management Division)
Supervising Administrative
Officer, Finance and Logistics
Division
22
22
Planning Officer V
(Planning and Policy
Division)
Chief Planning and Research
Officer
24
24
69


Planning Officer IV (PPD)
Planning and Research
Officer IV
22
22
Planning Officer III (PPD)
Planning and Research
Officer III
18
18
Planning Officer II (PPD)
Planning and Research
Officer II
15
15
Planning Officer I (PPD)
Planning and Research
Officer I
11
11
Information Technology
Officer III (Management
Information System Div)
Chief Information and
Communications Technology
Officer
24
24
Information Technology
Officer
Information Technology
Officer
19
19
Information System
Analyst II
Information System Analyst
II
16
16
Supervising Immigration 
Officer (IRD, ARD, POD)
Supervising Immigration
Officer
22
22
Intelligence Officer IV
Senior Immigration
Officer
Senior Immigration Officer
19
20
Immigration Officer III
Immigration Officer III
16
18
Immigration Officer III
Immigration Officer II
Immigration Officer III
13
15
Intelligence Officer III
Special Investigator II
Immigration Officer I
Immigration Officer I
11
13
Intelligence Officer I
Special Investigator I
70


Intelligence Agent II
Immigration Assistant
Administrative Officer V 
(Administrative Officer 
III)
Administrative Officer V 
(Cashier III)
Administrative Officer V 
(HRMO III)
Administrative Officer V 
(Records Officer III)
Administrative Officer V 
(Supply Officer III)
Administrative Officer V
Administrative Officer V 
(Procurement)
Administrative Officer V 
(Management and Audit 
Analyst III)
Administrative Officer V 
(Budget Officer III)
18
18
Medical Officer III
Medical Officer III
21
21
Computer Programmer II
Computer Maintenance 
Technologist II
Information Technology 
Officer I
15
19
Dentist II
Dentist II
17
17
Fingerprint Examiner IV
Fingerprint Examiner IV
15
15
Accountant III
Accountant III
19
19
Accountant II
Accountant II
16
16
71


Accountant I
Accountant I
12
12
Board Secretary V
24
Regional Programs
Coordinator
22
Training Specialist III
18
Psychologist III
18
Document Examiner III
18
Training Specialist II
15
Psychologist II
15
Security Officer II
15
Computer Programmer I
11
Upon the recommendation of the Commissioner, the Secretary of the
1
2 
DOJ shall reorganize, upgrade, or otherwise make adjustments in the offices of
3 
the Bureau as required by the implementation of this Act: Provided, That to the
4 
extent possible, the incumt^ent chiefs of sections and division whose offices are
5 
hereby affected may be upgraded to positions of comparable rank in the
6 
reorganization: Provided, further, That for the new positions created under this
7 
Act, the Board shall designate the personnel thereof.
8 
Sec. 135. Additional Grant of Benefits. - The Bureau shall provide its
9 
employees with the followif ig benefits:
10 
a. Health care services through an accredited Health Maintenance
11 
Organization for its regular employees;
12 
b. Accident Insurance policies for all employees;
13 
c. Night shift differential and overtime pay for actual work rendered, in
14 
accordance with existing guidelines;
15 
d. Longevity pay, subject to guidelines that shall be issued by the Board
16 
in accordance with existing laws and regulations and subject to the
17 
approval of the Secretary of the DBM;
72


1 
e. Transportation benefits;
2 
f. Quarters allowance; and,
3 
g. Hazard pay amounting to twenty percent (20%) of basic salary to
4 
qualified employees as may be determined by the Board.
5 
Sec. 136. Retention and Use of Immigration Fees, Fines and Other
6 
Income; Immigration Trust Fund. - The Board is hereby authorized to retain
7 
and use every year thirt percent (30%) of Its collections from immigration
8 
fees, fines and penalties, and other income that may be collected by the
9 
Bureau for the effective implementation of this Act: Provided, That the amount
10 
so retained and used by the Board shall not exceed One billion two hundred
11 
million pesos (Pl,200,00r ,000.00) every year: Provided, further, That the
12 
Board shall review every three (3) years the maximum allowable retained
13 
collections based on the needs of the Bureau under this Section, subject to the
14 
approval of the DBM: Provided, finaiiy. That any excess in the collections under
15 
this paragraph shall accrue to the general fund of tne national government.
16 
There is hereby created an Immigration Trust Fund (ITF) sourced from
17 
the collections mentioned in this section. The ITF shall be administered by the
18 
Board In accordance with existing government auditing rules and regulations,
19 
and shall be used exclusively as follows:
20 
a. Fifty percent (50%) for the modernization of equipment, facilities
21 
and offices used by employees of the Bureau, including capital outlay
22 
for the establishment of new buildings and field offices for the
23 
effective implementation of this Act;
24 
b. Thirty percent (30%) for the payment of employee benefits provided
25 
in this Act, and as may be hereafter provided by the Board with the
26 
approval of the Secretary of the DOJ; and
27 
c. Twenty percent (20%) for the further professionalization of the
28 
employees of tl.e Bureau including trainings, seminars and other
29 
career advancement programs.
73


1 
All interest income, dividends and earnings accrued from the ITF shall
2 
also form part of the Fund. No portion of the ITF shall revert to the general
3 
fund of the National Government, except when the ITF is no longer necessary
4 
for the purposes for which it was established.
5 
Collections from express lane fees under section ll(o) of this Act shall
6 
not form part of the ITF and shall be used strictly In accordance with the said
7 
provision.
8 
CHAPTER 9
9 
TRANSITORY PROVISIONS
10 
Sec. 137. Interim Period - The incumbent Commissioner and the two
11 
Deputy Commissioners, if qualified under this Act, shall continue to discharge
12 
the functions of their position unless otherwise removed by the President. All
13 
personnel of the present Bureau of Immigration shall continue to discharge the
14 
functions of their positions pending the reorganization as provided in this Act.
15 
Sec. 138. ReorganL ation of the Bureau. - Upon approval of this Act, all
16 
employees of the Bureau of Immigration covered by the civil service rules and
17 
regulations shall continue to hold their present positions pending the
18 
reorganization of the Bureau In accordance with the new staffing pattern:
19 
Provided, That the salaries wages, allowances and other benefits of incumbent
20 
officers and employees of the Bureau shall not be subject to diminution:
21 
Provided, further, That employees who have been dismissed for cause shall no
22 
longer qualify for any position in the Bureau.
23 
Sec. 139. Inventor/ and Transfer of Properties, Accounts, Assets,
24 
Liabiiities and Obiigations to the Commission. - All buildings, properties,
25 
equipment, facilities, accounts, other assets, liabilities and other obligations as
26 
well as records of the Bureau of Immigration shall be properly inventoried and
27 
transferred to the Bureau.
74


1 
Sec. 140. Treaty or Agreement - Any treaty or agreement entered into
2 
between the Philippines ar/d any foreign state before the effectivity of this Act
3 
shall remain in force and effect.
4 
Sec. 141. Pending Cases. - Any prosecution, suit, action, proceeding, or
5 
any act or matter, civil or criminal, pending at the time of the effectivity of this
6 
Act shall not be affected by any of the provisions of this Act unless otherwise
7 
explicitly stated herein.
8 
CHAPTER 10
9 
ADMINISTRATION AND IMPLEMENTATION
10 
Sec. 142. Administration and Impiementation Abroad. - The
11 
administration and Implementation of this Act abroad, including the rules and
12 
regulations, and specific visa policies or guidelines, shall be the responsibility of
13 
the DFA, with due notice to the Bureau and other concerned agencies and
14 
offices.
15 
Sec. 143. Impiementing Rules and Reguiations. - Within sixty (60) days
16 
from the effectivity of this Act, the Bureau shall, in coordination with the
17 
Secretaries of the DBM, the DOJ, and the DFA, promulgate the rules and
18 
regulations for its effective Implementation.
19 
Sec. 144. Appropriations. - The amount necessary to cover the initial
20 
implementation of this Act shall be charged against the following:
21 
a. Current year's appropriation of the Bureau of Immigration; and
22 
b. Immigration fees, fines and other income authorized under Section
23 
134 of this Act.
24 
Thereafter, such sums as may be needed for its continued
25 
impiementation shall be included in the annual General Appropriations Act or
26 
sourced from the Immigration Trust Fund pursuant to Section 134 of this Act.
27 
CHAPTER 11
28 
FINAL PROVISIONS
75


1 
Sec. 145. Separability Clause. - Should any provision of this Act be
2 
declared invalid, the remai ning provisions shall continue to be in force and
3 
effect.
4 
Sec. 146. Repealing Clause. - Commonwealth Act No. 613, otherwise
5 
known as the "Philippine Immigration Act of 1940", as amended, and Republic
6 
Act No. 750 entitled "An ACt Designating as Special Agents of the Bureau of
7 
Immigration All Provincial, City and Municipal Treasurers, and Providing for the
8 
Allocations to the Provincial, City, and Municipal Governments of Ten Per
9 
Centum of Certain Fees Collected in their Respective Territorial Limits", are
10 
hereby repealed. All otter laws, presidential decrees, executive orders,
11 
proclamations, memorandum orders, instructions, rules and regulations or
12 
parts thereof, inconsistent with this Act are hereby amended or modified
13 
accordingly.
14 
Sec. 147. Effectivity. - This Act shall take effect fifteen (15) days after
15 
its publication in the Ofhcial Gazette or in at least two (2) newspapers of
16 
general circulation.
Approved,
76