Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS.
Second Regular Session

HOUSE BILL No.___7580

Introduced by ANG PROBINSYANO
Party-List Representative Alfred Delos Santos

EXPLANATORY NOTE

‘The Bureau of Immigration (BI) is principally responsible for the administration
and enforcement of immigration, citizenship, and alien admission and
registration laws in accordance with the provisions of the Philippine Immigration
Act of 1940.

Despite numerous technological advancements, the implementing law of the
Bureau of Immigration (BI), i.e. Commonwealth Act. No. 613, otherwise known
as the “Philippine Immigration Act of 1940”, remains to be an antiquated law
even if the legislature passed some amendments and revisions. In fact, many
provisions have ceased to apply to modern-day conditions and realities and there
are still areas which needs to be addressed immediately.

The proposed bill seeks to create positions and compensation for co-terminus
officials and employees of the agency. Through these new positions, this bill aims
to improve efficiency and productivity of the Bureau. It also seeks to implement
a more competitive salary grade to its officials and employees to further
professionalize and boost the morale and reduce the possibility for corruption.
By means of this bill, the State seeks for the Bureau to be regionally and
internationally recognized as providing excellent, efficient, effective, and
innovating immigration service and border control and management.

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

ALFRED Aas SANTOS

Representative, Ang Probinsyano Partylist



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILL No. __7580

Introduced by ANG PROBINSYANO
Party-List Representative Alfred Delos Santos

AN AN ACT MODERNIZING THE BUREAU OF IMMIGRATION, DEFINING ITS
POWERS AND FUNCTIONS, EXPANDING, RATIONALIZING AND FURTHER
PROFESSIONALIZING ITS ORGANIZATION, UPGRADING THE
COMPENSATION AND BENEFITS OF ITS OFFICIALS AND EMPLOYEES,
APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES

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 of 2020.”

SECTION 2. Declaration of Policy. —In the conduct of its relation with other
States, the Philippines shall 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 Filipinos in destination countries, as it adheres to the policy of peace,
cooperation and amity with all nations. Towards this end, Philippine immigration
policies, rules, and regulations under this Act shall be applied and administered
as instruments for the promotion of domestic and external interests of the
Philippines, in recognition of:

a. The admission of foreign nationals for the purpose of encouraging
and enhancing capital investments, trade and commerce, cultural
exchanges, and other forms of friendly relations and cooperation;

b. The need to support the country’s technological and scientific
development;


c. The promotion of conditions for social welfare and economic security
of the people;

d. The fulfillment of obligations and compliance with standards set by
international law in the admission or exclusion of foreign nationals;

e. The modernization of structures and mechanisms necessary for the
administration of immigration laws in keeping with the changing
demands of the country’s role in the global community; and

f. The professionalization of the immigration service by instituting a
rigid system of screening and selection of immigration officials and
employees and promoting their development.

SECTION 3. Definition of Terms. — As used in this Act:

a, Admission - refers to the process by which a foreign national arriving
at a port of entry in the Philippines is allowed into the country by
the immigration authorities;

b. Border Control Officer — refers to any person tasked to man the
Border Station authorized as provided under SECTION 35 of this
Act;

. Captain - refers to the master of a vessel or pilot of an aircraft;

. Child - refers to a person below eighteen (18) years of age;

. Citizen - refers to any person who is a citizen of the Philippines
under SECTION 1, Article IV of the 1987 Constitution of the
Republic of the Philippines;

f. Consular Officer - refers to any consular, diplomatic, or other
officers of the Department of Foreign Affairs (DFA) who has been
duly granted a consular commission for the purpose of issuing visas
under this Act;

g. Derogatory Information — refers to details about persons and travel
documents relating to immigration consisting of the following:

i, Blacklist Order - refers to an order issued by the
Commissioner that prevents a foreign national from entering
the territorial jurisdiction of the Philippines;

ii, Hold Departure Order - 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
Summary Deportation Order, or a directive implementing an
order from the Regional Trial Courts, the Sandiganbayan, or
the appellate courts to prevent a person from leaving the
territorial jurisdiction of the Philippines; and

iii, Watchlist Order - refers to an order issued by the
Commissioner under this Act that requires immigration
personnel to monitor the travel of any person for a period of
sixty (60) days, extendible for another sixty (60) days and to
notify the concerned government agencies of the Philippines;

eBo


. 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
processes;

Exclusion — refers to the act of Immigration Personnel denying
admission of a foreign national into the country on grounds provided
under SECTION 77, Chapter IV of this Act;

Foreign National ~ refers to any person who is not a citizen of the
Philippines;

. Immigrant - refers to any foreign national, other than a non-

immigrant, departing from any place outside the Philippines
destined for the Philippines;

Immigration laws ~ refer to this Act and any other law presently
existing or which may hereafter be enacted relating to the movement
of natural persons to and from the Philippines;

. Immigration Officer - refers to any person appointed under

SECTION 25 this Act or any employee designated by the
Commissioner to perform the powers, duties, and functions of an
Immigration Personnel as specified under this Act;

. Non-immigrant - refers to any foreign national departing from any

place outside the Philippines who is allowed entry and admission
into the Philippines for a temporary or limited period of stay;

. Non-refoulement - refers to a principle of international law which

prohibits the forced return of refugees to the state or territory where
their lives or liberty would be threatened;

Passport - refers to a document issued by the Philippine government
to its citizens pursuant to Republic Act No. 8239, otherwise known
as “The Philippine Passport Act of 1996”, as amended;

. Person - refers to a natural or juridical person such as but not

limited to partnerships, corporations, companies, and associations;

. Port of entry - refers to any port designated by the Commissioner

through which a foreign national may enter or exit the Philippines;

. 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 the country of nationality, and is unable or, owing to such
fear, is unwilling to avail of the protection of that country; or who,
not having a nationality and being outside the country of former
habitual residence, is unable or, owing to such fear, is unwilling to
return to it;


t. Seaman, Seafarer or Crewmember - refers to a person actually
employed in the operation or service in any capacity onboard a
vessel;

u. Stateless Person - refers to a person who is not considered a national
by any State under the operation of its laws;

v. Travel document - refers to a certification or an identifying
document containing the description and other personal
circumstances of its bearer, issued for direct travel to and from the
Philippines valid for short periods or a particular trip. It is issued
only to persons whose claim to Philippine citizenship is doubtful or
who fall under the category enumerated in SECTION 13 of Republic
Act No. 8239, otherwise known as “The Philippine Passport Act of
1996;”

w. Vessel ~ refers to all means of conveyances, whether aircraft or
seacraft; and

x. Visa - refers to an endorsement on a passport or any travel
document issued by an Immigration Attaché 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 immigration status granted and/or
issued to foreign nationals by the Commissioner or the Board under
this Act.

TITLE Il
THE BUREAU OF IMMIGRATION

CHAPTER 1
THE BUREAU

SECTION 4. Creation. - The Bureau of Immigration hereinafter referred to
as the Bureau, shall be under the control and supervision of the Department of
Justice (DOJ). The Bureau shall be principally responsible for the administration
and enforcement of this Act, and the implementation of all laws, rules
regulations, or orders of any competent authority concerning the entry and
admission into, stay in, and the departure from the Philippines of all persons.
Its personnel shall be considered as the gatekeepers and border control officers
of the country.

SECTION 5. Composition and Qualification. — The Bureau shall be
administered by the Board of Commissioners hereinafter referred to as the Board
headed by the Commissioner as Chairperson, and two (2) Deputy Commissioners
as members, all of whom shall be natural-born citizens of the Philippines,
holders of a college degree and with a proven capacity for administration and, at
the time of their appointment, at least thirty-five (35) years of age: Provided
further, That at least one of the members shall be a member of the Philippine
Bar in good standing for at least five (5) years as of the date of appointment.


CHAPTER 2
THE BOARD OF COMMISSIONERS

SECTION 6. Powers and Functions of the Board. - The Board shall have
the following powers and functions:

a. Quasi-judicial:
i. Decide on applications or cases relative to:
1, Deportation;
2. Revocation of immigration status;
3. Reacquisition and retention of Philippine citizenship
under Republic 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 the law.
ii. Cite and punish for contempt in relation to the discharge of
its quasi-judicial functions in accordance with the Rules of
Court.
b. Rulemaking:

i. Prescribe and promulgate rules of procedure for proceedings

before it;

ii, Prepare and publish operations manual and rules of
procedure, including the schedule of fees, for all transactions
entered into by the Bureau with the public; and
Formulate policies, directives, programs, and projects of the
Bureau.

‘The Board shall also perform such other powers and functions as provided
in this Act and other existing laws, rules, and regulations not inconsistent with
any of the provisions of this Act.

SECTION 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 the
DOJ within fifteen (15) days from receipt thereof by the concerned parties. The
decision of the Secretary of the DOJ shall be final and immediately executory
unless stayed by an order of the Court of Appeals.


SECTION 8. Period for Decision by the Board. - The Board of
Commissioners shall decide deportation cases within (30) days from the date
they are submitted for resolution.

SECTION 9. Meetings of the Board. - In all cases, the Board of
Commissioners shall convene and act as a collegial body in all matters referred
to in SECTION 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

SECTION 10. Appointment of the Commissioner. — The Commissioner shall
be appointed by the President and shall have the same rank, salary, and
privileges of an Undersecretary of a Department.

SECTION 11. Powers and Functions of the Commissioner. — In addition to
the duties as Chairperson of the Board of Commissioners, the Commissioner
shall exercise the following powers and functions:

a. Supervise, direct and coordinate the overall operations of the Office;

b. Exercise control and supervision over the officers and personnel of
the Bureau, including the power to appoint, promote, and reassign
personnel, subject to civil service laws, rules and regulations:
Provided that promotions and appointments to positions of Division
Chiefs and above shall be made by the Secretary of the DOJ upon
the recommendation of the Commissioner;

c. Issue (1) letter orders after determination of the existence of
probable cause for the purpose of deportation; (2) commitment or
release orders; (3) warrant of deportation; (4) order to inspect the
documents, premises and records of persons covered by this Act;
and (5) derogatory information orders defined in SECTION 3(h) of
this Act;

d. Delegate authority to subordinate immigration personnel and
employees, except the powers and functions enumerated in the
immediately preceding paragraph, which may be delegated only to a
Deputy Commissioner;

e. Act on applications for extension of visas;

f. Control the opening and closure of posts, landing places, airports or
ports classified as points of entry or exit, whether limited or
unlimited;

g. Increase, reduce or waive immigration fees, fines, penalties and
other charges;

h, Issue Certificates of Naturalization and Identification to foreign
nationals who have been granted Philippine citizenship;


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re

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 duties
and functions;

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;

. 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;

‘Accept donation of materials, equipment or technical services from
any foreign government, international or domestic organization, to
‘upgrade the efficiency and operations of the Bureau;

. Submit to the President and Congress, annually or as may be

directed, report on: (1) the number and status of foreign nationals
in the Philippines; (2) foreign nationals 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 such other
transactions of the PIBCIS;

. 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
personnel in an eight-hour shift;

. Exercise disciplinary authority over personnel of the Bureau

charged with less grave and light administrative offenses, in
accordance with the Revised Rules on Administrative Cases in the
Civil Service (RRACS): Provided, That the disciplinary authority over
those charged with grave administrative offenses under RRACS shall
belong to the Secretary of the DOJ;

. Prepare and submit a supplemental budget for the consideration of

the Department of Budget and Management (DBM);

. Prescribe, with the concurrence of the Board, the appropriate forms,

bonds, reports, entries and other papers in accordance with this Act;
and
Perform such other functions as are inherent to the Bureau.

SECTION 12. Appointment and Rank of Deputy Commissioners. — 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.


SECTION 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) Directorates and one (1) regional office each as determined by the
Commissioner.

SECTION. 14. Creation of Positions and Compensation for Co-Terminus
Officials and Employees. - The following co-terminus positions are hereby
created for the Office of the Commissioner and Deputy Commissioners, except
for Executive Officer IlI/Board Secretary which shall be assigned only to the
Office of the Commissioner. The basic monthly compensation of the following co-
terminus officials and employees shall be as follows:

Position Salary Grade
Head Executive Assistant a 27
Executive Assistant VI 25
Executive Assistant V 24
Executive Assistant IV 22

SECTION 15. 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 at least five (5) years prior to the appointment.

SECTION 16. Powers and Duties. - The Board Secretary shall:

a.
b.

mo

Attend in and take minutes of all meetings of the Board;
Prepare the agenda for the deliberations of the Board on Visa
application;

. Prepare the agenda for the deliberations of the Board on deportation

cases as endorsed by a Member of the Board after initial review;

. Implement the decision of the Board approving visa applications,

including revalidation;

. Keep and manage all records of the deliberation of the Board;

Advise the members of the Board on all matters relative to
compliance with relevant laws and requirements of regulatory
authorities; and

. All other functions as may be directed by the Board.


CHAPTER 5
THE BOARDS OF SPECIAL INQUIRY

SECTION 17. Constitution of the Boards of Special Inquiry. - There shall be
constituted as many Boards of Special Inquiry (BSI) as required in the exigency
of service but not more than twelve (12). Each Board shall be composed of a
Chairperson and two (2) members. The Overall Chairperson of the BSI shall sit
as the Chairperson of the First Board of the BSI. The BSI shall be designated
according to their areas of specialization to be determined by the Board.

SECTION 18. Appointment and Qualification 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.

SECTION 19. Powers and Functions of the BSI. - The BSI shall:

a. Recommend to the Board for final resolution cases and applications
relative to:
i. Deportation;

Revocation of immigration status;

Recognition of Philippine citizenship by reason of birth, or

marriage;

iv. Legalization of residence in accordance with law; and
v. _ Issuance of visa for stateless person.

b. Issue subpoena in cases being heard by the BSI;

c. In the exercise of its quasi-judicial functions, cite and punish

persons for contempt in accordance with the Rules of Court;

d. Recommend to the Board the imposition, waiver or reduction of fees,
fines, penalties and other charges subject to existing laws, rules and
regulations;

. Administer oaths;

Promulgate rules and regulations governing matters within its
assigned mandate subject to the approval of the Board; and

g. Perform such other duties and functions as may be directed by the

Commissioner and the Board.

mo

SECTION 20. Proceedings Before the BSI. - 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 shall appear for and
in behalf of any party before the BSI.


SECTION 21. Creation of Positions under the BSI. ~ The following positions
with the corresponding salary grades are hereby created under the BSI:

Position Salary Grade
Special Inquiry Officer II 25
Special Inquiry Officer I 24
CHAPTER 6

DIRECTORATES AND OTHER OPERATING OFFIES OF THE BUREAU

SECTION 22. Directorates and Other Operating Offices of the Bureau. —
The Bureau shall have the following directorates and other operating offices,

namely:

a. Directorates:

Administration;

Finance and Logistics;

Information and Communications Technology;
Planning and Research;

Alien Registration;

Immigration Regulation;

Intelligence;

Law Enforcement;

Operations;

Legal Affairs; and

Human Resource Management and Development.

b. Regional Offices that shall be created by the Board according to
political or administrative regions.
c. Districts:

i.
ii.

Major Airports; and
Seaports

SECTION 23. Heads of the Directorates and Other Operating Units. — Bach
Directorate shall be headed by a Director with a Salary Grade of 28: Provided,
‘That the Director for Legal Affairs shall be a member of the Philippine Bar in
good standing and must have been engaged in the practice of law for at least
three (3) years, and that the Director for Finance and Logistics shall be a Certified
Public Accountant in good standing for at least three (3) years. The Regional
Offices shall be headed by a Regional Director with a Salary Grade of 27, while
the District Offices shall be headed by a District Supervisor with a Salary Grade

of 26.


SECTION 24. Duties and Functions of the Directorates, Regional Offices,
Districts, Field Offices and Other Operating Offices. - The different directorates
and other operating offices of the Bureau shall have such number of officers and
as may be defined by the Board to ensure the effective performance of their
respective mandates.

SECTION 25. Immigration Officers, Immigration Inspectors and Immigration
Agents. - The Bureau shall employ an elite group of Immigration Officers who
shall be assisted by Immigration Inspectors and Immigration Agents in the
performance of their duties and functions. No person shall be appointed to the
position of Immigration Officer, Immigration Inspector or Immigration Agent
unless such person meets the qualification standards set by the Bureau, which
shall include the following determinative factors in setting said qualification
standards for each position:

a, Educational Attainment
b. Civil Service Eligibility
c. Relevant Experience
d. Training
i. Basic
‘Advanced

iii. Executive
e. Ability

SECTION 26. Powers and Functions of Immigration Officers. - The
Immigration Personnel shall have the following powers and functions:

a. Examine, with the assistance and advice of medical authorities in
appropriate cases, foreign nationals at the port of entry concerning
their admissibility to enter and their qualifications to remain in the
Philippines;

b. Exclude foreign nationals not properly documented, and to admit
foreign nationals complying with the applicable provisions of
immigration and related laws;

. Administer oaths in connection with the performance of their duties;

|. Within lawful bounds, search for foreign nationals on any vessel
reasonably believed to be used to illegally bring foreign nationals
into the Philippines, and to take into custody any foreign national
who in one’s presence or view is entering or is about to enter the
Philippines in violation of immigration and related laws, rules and
regulations;

e. Act as control personnel with authority to prevent the departure of

passengers who do not comply with duly published departure
requirements;

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{. Detect and report violations of the immigration and registration laws
and, in appropriate cases, take the required necessary 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;

Report on the activities of aliens inimical to national interest with a

view to taking appropriate action in accordance with law;

j. 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;

1. 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 the immigration laws relating to the exclusion, deportation,
and repatriation of aliens;

p. Take charge of the physical detention of aliens pending their
exclusion, deportation or repatriation;

q. Attend to the deportation of aliens;

r. Monitor all arriving and departing suspected terrorists, drug
couriers and members of crime syndicates;

s. Assist and escort deportees, excluded passengers and transiting
restricted passengers until finally boarded;

t. Assist in the queuing of passengers at the arrival and departure
areas;

u. Investigate and escort from ports of entry intercepted passengers
who are found in possession of spurious travel documents;

v. Warrants of Deportation (WOD) and Mission Orders involving foreign
nationals who violate or are in violation of immigration laws, rules
and regulations; and

w. Perform such other functions as may be assigned by the
Commissioner from time to time.

Qualified Immigration Officers, Immigration Inspectors and Immigration
Agents with the requisite training and experience may be assigned to the
Intelligence, Law Enforcement, or Operations Directorates depending on the
exigencies of the Bureau. The Board may, in the exigencies of service, designate
certain duties and responsibilities listed in this Section to other officers and
employees in the Intelligence, Law Enforcement or Operations Directorates in an


acting capacity: Provided, that such designation shall not exceed a period of one
(1) year.

SECTION 27. Deployment of Immigration Personnel Abroad. - Within ninety
(90) days from the effectivity of this Act, the Bureau shall promulgate the
implementing rules and regulations on the assignment and deployment of
immigration personnel to select consular posts abroad who shall, subject to the
pertinent provisions of Republic Act No. 7157 or the “Philippine Foreign Service
Act of 1991,” perform immigration duties, except diplomatic and consular
functions.

CHAPTER 8
PLANNING AND RESEARCH

SECTION 28. Immigration Research Specialist. - No person shall be
appointed to the position of Immigration Research Specialist unless such person
meets the qualification standards set by the Bureau. The Immigration Research
Specialists shall perform the following duties:

a. Formulate and implement the planning programs, projects and
processes;

b. Facilitate and organize a strategic planning;

c. Conduct workload assessment and forecasting;

d. Provide assistance to the Board in the implementation and
establishment of a risk management process;

e. Implement a monitoring feedback measurement and evaluation
system for the implementation of projects and programs;

f. Represent the Board in meetings relating to Planning and Research;
and

g. Perform such other tasks as may be directed by the Commissioner.

SECTION 29. Creation of Positions; Directorate for Planning and Research.
~The following positions with corresponding salary grades are hereby created:

Position
Chief Immigration Research Specialist 28 |
Supervising Immigration Research Specialist 25 |
| Immigration Research Officer III 23 |
| Immigration Research Officer II 21 |

| Immigration Research Officer II 17



Immigration Research Assistant 15

CHAPTER 9
HUMAN RESOURCE MANAGEMENT AND DEVELOPMENT

SECTION 30. Human Resource Management Officer. - No person shall be
appointed to the position of Human Resource Management Officer unless such
person meets the qualification standards set by the Commission. The Human
Resource Management Officers shall perform the following duties:

a. Develop and execute human resource strategies in support of the
overall plan and strategic direction of the Commission especially in
the areas of selection, hiring and promotion;

b. Design employee training modules;

. Develop comprehensive strategic recruiting and retention plans to

meet the human capital of strategic goals;

d. Oversee the recruitment, selection and promotion of employees;

e. Prepare schemes to strengthen the relationship between
management and employees;

f. Set qualification standards and implement competency-based hiring
and promotion policies;

g. Set performance standards for the employees of the Commission in
order to meet the objectives, plans and programs of the Commission;
and

h. Perform such other tasks as may be directed by the Commissioner.

9

SECTION 31. Creation of Positions; Directorate for Human Resources
Management and Development. - The following positions with the corresponding
salary grades are hereby created under the Directorate for Human Resources
Management and Development:

Position Salary Grade

Chief Human Resource Management Specialist [ 28

Supervising Human Resource Management 25
Specialist

Human Resource Management Officer III 23
Human Resource Management Officer II 21
Human Resource Management Officer II 17

HR Management Assistant 15



CHAPTER 10
CAREER DEVELOPMENT PATTERN

SECTION 32. Career Development. - The Bureau shall:

a. Establish and strengthen the Philippine Immigration Academy
which shall be under the control and supervision of the
Commissioner;

b. Create a continuing program to enhance the knowledge, skills and
competence of all personnel through a career advancement training
and education prior to their promotion; and

c. Formulate training requirements to implement the provisions in this
Title.

CHAPTER 11
OTHER OFFICES

SECTION 33. Field Offices of the Bureau. - The Bureau shall operate and
maintain a field office in each of the administrative or political regions, including
the National Capital Region.

SECTION 34. Changes in the Composition, Distribution of Assignment of
Field Offices. - The Commissioner may make changes in the composition,
distribution and assignment of field offices, as well as its personnel, based on
the demographics of the foreign nationals and as the exigency of the service
requires.

SECTION 35. Border Control Stations. - There shall be established Border
Control Stations which shall be manned by Border Control Personnel appointed
by the Commissioner. The Border Control Stations shall be placed in specific
areas in the Philippines which shall be determined by the Board.

TITLE Ill
IMMIGRATION

CHAPTER 1
NON-IMMIGRANTS

SECTION 36. Categories of Non-immigrants and Types of Visa Issued. —
Foreign nationals departing from any place outside the Philippines who are
otherwise admissible and who qualify under any one of the following categories
may be admitted as non-immigrants:

a. Temporary visitors (A Visas): Visitors coming to the Philippines for a
temporary period for reasons of business, pleasure or health:


woeVvaunawne

a
12
13
4
15
16
17
18
19
20
2
22
23
24
25
26
27
28
29
30
31
32
33

35
36
37
38

39
a
42
43

4s

i. Business (A-1 Visa): Temporary visitors engaged in activities of a
commercial or professional nature for a foreign employer or for
themselves that will not result in gainful employment in the
Philippines. As used herein, the term “business” refers to
conventions, conferences, consultations and other legitimate
activities of a commercial or a professional nature, but does not
include local employment or labor for hire;

ii, Pleasure (A-2 Visa): Temporary visitors who stay in the
Philippines for holiday, including sightseeing, recreation or
visiting relatives; and

iii. Health (A-3 Visa): Temporary visitors who stay in the Philippines
to avail of medical treatment.

b. Transit Persons (B Visa): Persons passing through the Philippines solely
for a “stop over” who have a confirmed connecting flight to another
country or passengers in immediate and continuous transit to a
destination outside the Philippines;

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
be 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 percent
{50%) owned by nationals of their home country and which business is
supported by a substantial investment from nationals of their home
country shall be granted a D-2 visa;

e. Accredited Foreign Government Officials, Their Families and Household
Member (E Visas): 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 divided into four (4) types, namely:

i. Persons eligible for E-1 Visa: The E-1 Visa shall be issued to the
following classes of foreign nationals:


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1. Heads of State and/or Heads of Government and their
personal representatives;

2. Members of reigning royal families from countries
recognized by the Philippine Government;

3. Governors-General, Governors, and High Commissioners
of dependent territories and their personal representatives;

4. Cabinet ministers and their deputies, and officials with
cabinet rank of ministers;

5. Presiding officers of national legislative bodies;

6. Justices or judges of the highest national judicial bodies;

7. Diplomats and career consular officials on foreign
assignment in the Philippines;

8. Military, naval, air and other attaches assigned to a
diplomatic mission; and

9. Accompanying spouses and unmarried dependents of
foreigners within the abovementioned categories;

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:

1. Administrative and technical members of the staff of a
diplomatic or consular mission;

2. Officials participating in programs under the auspices of
the Philippine Government or recognized international
institutions; and

3. Accompanying spouses and unmarried dependents of
foreigners within the abovementioned categories;

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 proceeding to the Philippines on a short-term basis in
connection with official business for such foreign official’s
government. This category includes, inter alia, the following
classes of foreign nationals:

1. Diplomatic couriers regularly and professionally employed
as such;

2. All members of official special missions of a diplomatic
character;

3. Members of delegations proceeding to or from an
international conference of a diplomatic or official nature;
and

4. Such other officials going to the Philippines on diplomatic
or official missions;


vi. Persons eligible for E-4 Visa: The E-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;

All visas under enumerated in Sec. 36(e) of this Act shall be exclusively
issued and renewed by the DFA, which shall also determine the type of
E-30 Visa of Foreign Government Officials not identified in the foregoing
lists. The grant of immunities and privileges shall be subject to
applicable domestic and international law and international
agreements to which the Philippines is a party, as well as in
consideration of the principle of reciprocity.

Students (F Visa): Foreign students having means sufficient for their
support and education in the Philippines who seek to enter the
Philippines temporarily for the sole purpose of taking up a course of
study higher than high school at a university, seminary, academy or
college accredited to admit such foreign students by the Commission
on Higher Education in coordination with the Bureau;

. 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;

. Religious Workers (H Visa): Duly ordained 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, sponsorship or guarantee of such religious congregation or
denomination, solely for the purpose of propagating, teaching and
disseminating their faith or religion;

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
a types, namely:
Persons eligible for I-1 Visa: The I-1 Visa shall be issued to the
principal officials of international organizations, as well as their
accompanying wives and dependents;
ii. Persons eligible for I-2 Visa: The I-2 visa shall be issued to the
other officials and staff of international organizations, as well as
their accompanying spouses and dependents;



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Persons eligible for I-3 Visa: The I-3 visa shall be issued to
officials and staff of international organizations who will perform
short-term official work with the international organization upon
its invitation; and

iv. Persons eligible for I-4 Visa: The I-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 include 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
entities 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.

All types of visas under Sec. 36(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 who 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.

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;

. 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;

Refugees (L-1 Visa) and Stateless Persons (L-2 Visa): Refugees as
defined in Sec. 3 (y) hereof shall be issued L-1 Visa. Stateless persons,
whose admission for humanitarian reasons and not inimical to public
interest has been approved by the Commissioner or the President in
such cases and under such conditions as he may prescribe, shall be
issued L-2 Visa;


m. Bridging Visa (M Visa): A temporary visa which allows a foreign national
to stay in the Philippines after the expiration of the current visa, other
than temporary visitor visa under SECTION 43(a), while an application
for adjustment of status is being processed; and

n. Special Non-Immigrants (N 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 and under
such conditions as may be prescribed.

CHAPTER 2
IMMIGRANTS

SECTION 37. Quota Immigrants. — Subject to the conditions set forth in
this Act, there may be admitted into the Philippines, immigrants, otherwise
known as “quota immigrants,” not to exceed two hundred (200) of any one
nationality for any one calendar year and upon allotment by the Commissioner
of the corresponding quota number. In the allotment of quota numbers, the
following order of preference shall be observed:

a. First Preference: Those whose service and qualifications show high
educational attainment, technical training, specialized experience, or
exceptional ability in the sciences, arts, professions, or business as
would reasonably enhance and contribute substantial benefits
prospectively to the national economy, or cultural 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.

SECTION 38. Allotment of Quota. — The Commissioner shall, with respect
to the first preference, allot not more than fifty percent (50%) of the annual quota
allotment up to the end of June each year: Provided, That if the fifty percent
(50%) is not utilized by the first preference, the balance thereof shall be given to
the second, third, and fourth preferences in accordance with Sec. 37 of this Act
shall be that of the country of which the immigrant is a national or a citizen. Any
unused quota allotment for a calendar year shall not be carried over and utilized
for the ensuing calendar year.


SECTION 39. Basis in Determination of Quota Allotment. — The nationality
of immigrants whose admission is subject to the numerical limitation imposed
by Sec. 37 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.

SECTION 40. Non-Quota Immigrants. — The following immigrants, known
as “non quota immigrants,” 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 separation 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;

. A child born to a foreigner 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 8
Philippines for permanent residence who is returning from a temporary
visit 9 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

SECTION 41. 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.


SECTION 42. 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 only during
the period of authorized stay of 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

SECTION 43. 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, if such is the case, 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.

SECTION 44. Effect of Approval on Application for Adjustment. — Upon the
approval of an application for adjustment of status under the preceding section
the Commissioner shall record the foreign national’s lawful admission as a
permanent resident as of the date of the approval of the application and shall be
inctuded as part of the quota for the calendar year in accordance with Sec. 37 of
this Act.

SECTION 45. Adjustment of Status, When Not Allowed. — Adjustment of
status 2 under this Act shall not be applicable to:

a. A foreign national who has violated or is in violation of immigration laws,
rules and regulations unless the violation is without the fault of the foreign
national or for purely technical reasons; and

b. Transients.

SECTION 46. Loss of Status. - A registered foreign national, except a
temporary visitor, who fails to return to the Philippines within a period of one (1)
year from departure shall lose the status granted under Title III of this Act. Such


foreign national may apply for an extension of the period within which to return
prior to its expiration and pay the prescribed fees and charges in order to
maintain the status or type of visa granted.

CHAPTER 5
DOCUMENTATION AND ADMISSION OF NON-IMMIGRANTS

SECTION 47. Documentary Requirements of Non-immigrants. - Non-
immigrants must present for admission into the Philippines valid passports
issued by the governments of the countries to which they owe allegiance or other
travel documents showing their nationality and identity as prescribed by
regulations, a valid visa granted by the Philippine Immigration Attaché, if
required, and such other relevant documents as may be required under existing
laws, rules, regulations, or multilateral or bilateral agreements.

SECTION 48. Conditions and Period of Authorized Stay of Temporary
Visitors. — The initial period of authorized stay of a foreign national admitted as
a temporary visitor under Sec. 37(a) of this Act shall not exceed fifty-nine (59)
calendar days from the date of arrival, subject to bilateral, regional and
multilateral visa agreements entered into by the Philippines: Provided, That the
conditions for extensions and total period of authorized stay shall be prescribed
by the Commissioner: Provided, further, that during the foreign national’s
authorized stay, such foreign national: (a) shall not take any employment,
whether paid or unpaid; (b) shall not establish or join in any business; and (c)
shall not enroll or become a student at a school, college, university, academy, or
other educational institution, unless granted, upon proper application, a
conversion to another immigration status provided under this Act.

SECTION 49. Conditions for Issuance of Pre-Arranged Employment Visas.
— A foreign national who is coming to the Philippines for prearranged
employment shall not be issued a non-immigrant visa referred to in Sec. 36(g)
until the Immigration Attaché shall have received authorization for the issuance
of the same. Such authorization shall be given only upon the filing of a petition
with the Board establishing, among others, that no person can be found in the
Philippines willing and competent to perform the work or service for which the
foreigner is desired and that the admission would be beneficial to the public
interest. The petition shall be under oath by the prospective employer or the
latter’s representative in the form and manner 18 prescribed by the Board.

If the Board finds that the petition complies with the requirements of the
preceding paragraph and of other regulations, it shall grant the petition and shall
promptly transmit the authorization to the DFA.

SECTION 50. Submission of Crew List and Passenger Manifest. —
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captain, agent, owner or consignee of any commercial vessel arriving to the
Philippines shall submit to the Bureau, within a reasonable time prior to such
arrival, the crew lists, passenger manifests and such other information
concerning the persons arriving on such a vessel. In the same manner and
condition, the master, captain, agent, owner or consignee of any commercial
vessel departing from any port in the Philippines shall submit to the Bureau,
within a reasonable time prior to such departure, the crew list, passenger
manifest and such other information concerning the persons departing on such
vessel. The crew list of an incoming sea craft shall contain the appropriate visa
granted by the Consular Officer.

SECTION 51. Inspection of Crewmembers. - It shall be the duty of the
master, captain, agent, owner or consignee of any vessel arriving in the
Philippines to have available on board, for inspection by the Immigration
Personnel, any foreign crewmember employed on such vessel and, when required
by the immigration authorities, to detain such crewmember on board after
inspection or to remove such crewmember. No crewmember on board such vessel
shall be discharged while the vessel is in port without the permission of the
Commissioner.

SECTION 52. Permission for Temporary Landing of a Foreign Crewmember.
— A foreign crewmember on a vessel arriving in the Philippines may be permitted
to land temporarily under such conditions as may be prescribed by the
Commissioner. All expenses incurred by the Office while the crewmember is on
land shall be borne by the master, captain, agent, owner or consignee of the

carrying vessel.

CHAPTER 6
DOCUMENTATION AND ADMISSION OF IMMIGRANTS

SECTION 53. Documentary Requirements of Immigrants; Instances When
Not Required. — Immigrants must present for admission into the Philippines
valid passports or travel documents issued by the government of the country to
which they owe allegiance, showing their nationality and identity and valid
immigrant visas indicating the date of issue and the period of validity thereof.
Immigrant visas shall not be required of the following:

a. A child born subsequent to the issuance of a valid immigrant visa to the
accompanying parent;

b. A child born during the temporary visit abroad of the mother who is a
lawful permanent resident of the Philippines and a holder of a valid re-
entry permit, if the child is accompanied by either parent within five (5)
years from the date of the child’s birth; and

c. A foreign national who is returning to an unrelinquished lawful permanent
residence in the Philippines after a temporary residence abroad and 8
presents for admission a valid re-entry permit.


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CHAPTER 7
VISA ISSUANCE

SECTION 54. Nature of Visa. — Nothing in this Act shall be construed to
automatically entitle any foreign national to whom a visa or other travel
document has been issued to enter the Philippines if, upon arrival at a port of
entry, he/she is found to be inadmissible under this Act or any other law.

SECTION 55. Visa Policy. - The policies governing the issuance, extension,
renewal and conversion of visas referred to in this Act shall be formulated by the
Bureau and the DFA, when appropriate, in consultation with concerned
government agencies and offices.

SECTION 56. Visa Issuance Abroad. - All visas issued abroad shall be done
by Consular Officers assigned at Philippine Foreign Service posts in the following
manner:

a. Upon approval by the Commissioner and recommendation by a Consular
Officer, a quota immigrant visa may only be issued to a foreign national
who has made a proper application therefor, which shall specify the
nationality to which the quota number is assigned, the immigrant’s
particular status in such country, the preference to which the foreign
national is classified, the date on which the validity of the visa shall
expire, and such additional information as may be required; and

b. The DFA, through its Consular Office abroad or the Office of the Visa
Director, shall approve the issuance of non-quota immigrant and non-
immigrant visas to a foreign national who has made a proper application
therefor.

The issuance of special non-immigrant visas falling under the jurisdiction
of a particular government office or agency can only be done in coordination with
and upon recommendation of the government agency or office concerned.

SECTION 57. Requirements for Physical and Mental Examination Prior to
Issuance of Immigrant Visa. - Prior to the issuance of an immigrant visa to any
foreign national, the Consular Officer shall require such person to submit to a
physical and mental examination in accordance with such regulations as may
be prescribed by the Commissioner.

SECTION 58. Visa Validity Period. — A single-entry non-immigrant or
immigrant visa issued by a Consular Officer abroad pursuant to Sec. 56 of this
Act shall be valid for a period not exceeding three (3) months: Provided, That in
prescribing the validity period of a single-entry non-immigrant visa, the Consular
Officer may allow a longer validity period based on reciprocity as accorded by the
foreign country to citizens of the Philippines who are within a similar class.


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An immigrant visa may be replaced under the original number during the
calendar year in which the original visa was issued to a foreign national who
establishes to the satisfaction of the Consular Officer that the original immigrant
visa was not used during the period of its validity for reasons beyond the visa
holder’s control: Provided, That the foreign national is found by the Consular
Officer to be eligible for another immigrant visa and has paid all the fees.

SECTION 59. Denial of Visa; Grounds. — The Consular Officer may deny
the application for visa (a) if it appears from the statements in the application or
in the documents submitted the applicant is not eligible for a visa under this
Act; or (b) if the applicant fails to comply with the requirements of the provisions
of this Act.

SECTION 60. Revocation of Visa Issued by Consular Officer. — The
Commissioner may, for valid cause and upon confirmation by the DFA, revoke a
visa issued by any Consular Officer. If the notice of revocation is not received
and the visa holder applies for admission into the Philippines, the admission or
entry of the foreign national shall be determined by the Immigration Personnel
upon arrival at the port of entry.

CHAPTER 8
RE-ENTRY AND EMIGRATION CLEARANCE

SECTION 61. Re-entry. — In all instances when a registered foreign
national, except a temporary visitor, departs or is about to depart temporarily
from the Philippines with the intention to return within one (1) year from
departure, the foreign national must secure a re-entry permit or, if the
authorized stay is less than one (1) year, a Special Return Certificate, and pay
the corresponding fees and charges therefor.

SECTION 62. Emigration Clearance. — A registered foreign national who
departs permanently from the Philippines shall surrender all Philippine
immigration documents and apply for and be issued an Emigration Clearance
Certificate, subject to the following conditions:

a. The immigrant has no pending obligation with the government or any
of its agencies or instrumentalities;

b. The immigrant has no pending criminal, civil, or administrative
proceeding which requires continued presence in the country; and

c. There is no ongoing legislative inquiry where the immigrant is called
upon to testify as a witness.

A temporary visitor departing from the Philippines shall, after the
expiration of the initial authorized stay, apply for emigration clearance and pay
the prescribed fees and charges therefor.


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CHAPTER 9
PRESIDENTIAL PREROGATIVES SECTION

SECTION 63. Presidential Prerogatives. — Any provision of this Act to the

contrary notwithstanding, the President may:

a. Deny the entry and admission into the Philippines, or impose such
restrictions as may be deemed appropriate, any foreign national or a
Class of foreign nationals, whenever the President finds that such entry
would be detrimental to the interest of the Philippines;

b. Waive passport or documentary requirements for non-immigrants and
immigrants under such terms and conditions as may be prescribed;

c. Change the status of non-immigrants by allowing them to acquire
permanent residence status without necessity of a visa;

d. Deport any foreign national, subject to the requirement of due process;

¢. Admit non-immigrants not otherwise provided for in this Act for
humanitarian considerations and when not detrimental to public
interest, under such terms and conditions as may be prescribed;

f. Prohibit the departure from the Philippines of any person who is likely
to disclose information affecting national security, or who is likely to
organize a rebellion abroad against the Philippines, or whose presence
in the country is necessary to face, or be a witness in, criminal
proceedings; and

g. Exercise, with respect to foreign nationals in the Philippines, such
powers as are recognized by the generally accepted principles of
international law.

TITLE Iv
PROVISIONS RELATING TO ENTRY

CHAPTER 1
CLASSIFICATION OF PORTS OF ENTRY

SECTION 64. Authority to Classify Ports. - The Commissioner shall classify

and designate, from among the ports of entry established by law for immigration
purposes, limited or unlimited ports of entry through which foreign nationals
may be admitted into the Philippines. Only such classes of foreign nationals as
provided under the rules and regulations prescribed by the Commissioner may
be admitted at limited ports of entry. The Commissioner may, after due notice to
the public, close designated ports of entry in the interest of national security or
public safety.

CHAPTER 2
PROCEDURES ON ARRIVAL


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SECTION 65. Inspection by Immigration Personnel. — A foreign national
seeking admission or readmission shall present a valid passport and visa, if
required, to the immigration Personnel at the port of entry and shall be subject
to primary inspection. The decision of the examining Immigration Officer, if
favorable to the admission of any foreigner, may be challenged by another
Immigration Officer on any ground provided in this Act. The final determination
on the admissibility of such foreign national shall be determined by the
Commissioner within forty-eight (48) hours in case no resolution is reached
between the Immigration Officer on the challenged admission. In case of
admission, the Immigration Officer shall indicate in the passport the date, the
Port of entry and the identity of the vessel boarded.

SECTION 66. Detention or Quarantine for Examination. — For the purpose
of determining whether a foreign national arriving at any port in the Philippines
belongs to any of the classes excludable under this Act by reason of being
afflicted with any of the contagious or communicable disease or mental disordes
as set forth under Sec. 76(a) of this Act or whenever the Commissioner has
received information showing that foreigners are coming from a country or a
place where any of such diseases are prevalent or widespread, the foreigner shall
be detained or quarantined for a reasonable period of time to enable the
immigration and medical officers to subject such person to observation and
examination.

SECTION 67. Medical Examination Requirement. ~ Any arriving foreign
national 17 whom the examining Immigration Officer believes to belong under
the class of 18 excludable foreign nationals specified in Sec. 76(a) of this Act
Shall be referred to designated medical officers for physical and mental
examination. Such medical officer shall certify the findings of the examination
for the information of the Immigration Officer.

SECTION 68. Arrival Notice Requirements of Vessel. - The immigration
authorities shall be given prior notice of the arrival of any civilian vessel before
Such vessel comes into any area in the Philippines from any place outside
thereof. Such prior notice shall not be required in the case of vessels with
scheduled arrivals filed with the Immigration Officer in charge at the
international port of entry.

If, upon arrival in any area other than the designated port and there is no
available Immigration Officer therein, the master, pilot, captain, agent or
consignee shall not allow the passengers and crew members to disembark or
leave the primary inspection area until the Immigration Officer shall have
conducted the primary inspection formalities.

SECTION 69. Contents of Notice of Arrival. — The advance notice of arrival
required in the preceding Sec. shall specify the following:


COVA UNH

a. Type of vessel and registration marks;

b. Crew list, who have been duly issued visas;

c. Passenger manifest;

d. Port of last departure;

¢€. International port of intended destination, or other place authorized by
the Commissioner;

f. Estimated time of arrival; and

g. Authorized agent or representative at the place of arrival.

CHAPTER 3
FOREIGN CREWMEMBER

SECTION 70. Conditional Permit to Disembark. — A foreign crewmember of
a vessel under Sec. 36(c) of this Act may be granted a conditional permit, in a
form prescribed by regulations, to disembark temporarily from the vessel on
which such crewmember arrived while the vessel remains in port under such
terms and conditions as may be prescribed by the Commissioner.

SECTION 71. Confiscation and Cancellation of Permit; Deportation from the
Philippines. — Upon the determination that the foreign national is not a bona
fide crewmember or does not intend to depart on the vessel that brought him,
the Commissioner shall cancel and confiscate the conditional permit already
issued, take such foreign national into custody, and require the owner, operator,
captain, master, pilot, agent or consignee of the vessel on which the foreigner
arrived to receive and detain the foreigner on board. The expenses for removal of
the foreign national, including the cost of detention and other expenses
incidental thereto, shall be borne by the owner, operator, captain, master, pilot,
agent or consignee of such vessel.

SECTION 72. Liability for Overstaying Foreign Crewmen. — A foreign
crewmember who remains in the Philippines in excess of the period allowed in
the conditional permit issued shall be solidarily liable with the owner, operator,
captain, master, pilot, agent or consignee of the vessel to pay the penalties
prescribed in Sec. 120 of this Act.

SECTION 73. Liability for Unauthorized Discharge of Foreign Crewmember.
— It shall be unlawful for any person, including the owner, operator, captain,
master, pilot, agent or consignee of any vessel to discharge any foreign
crewmember employed by a vessel arriving in the Philippines and while in port,
without first obtaining the prior permission of the Commissioner. Otherwise,
such person or owner, operator, captain, master, pilot, agent or consignee of the
vessel shall pay such fines as may be prescribed under this Act. No vessel shall
be granted clearance from any port in the Philippines while such fines remain


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unpaid or while the validity thereof is being determined: Provided, That a
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.

SECTION 74. Duty to Report Desertion or Illegal Landing of Foreign
Crewmember. — The owner, operator, captain, master, pilot, agent or consignee
of any vessel shall immediately report, in writing, to the Immigration Officer all
cases of desertion or illegal disembarkation in the Philippines from the vessel,
together with a description of such foreign nationals and any information that
shall result in their apprehension.

SECTION 75. Requirement for Submission of List of Newly Employed,
Discharged and Mlegally 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.

SECTION 76. Liability for Failure to Submit Complete, True and Correct
Report. —The owner, operator, captain, master, pilot, 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 this Section 116 of this Act. No vessel shall be granted clearance from any
port in the Philippines while such fines remain unpaid or while 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

SECTION 77. Exclusion Grounds. - The following classes of foreign national
shall not be allowed entry and shall be excluded from the Philippines:


iii.

. Health Related Grounds
i.

Those who are found to be suffering from a communicable,
dangerous or contagious disease, unless excepted under
existing laws, rules and regulations;

Those who are found to be suffering from mental disorder or
associated behavior that may pose a threat to persons or
danger to property;

Those who are found to be suffering from addiction to
prohibited or regulated substance;

. Economic Grounds
i.
ii.

Those likely to become a public charge;
Those seeking entry for the purpose of performing skilled or
unskilled labor, without a permit from the Secretary of the
Department of Labor and Employment as required by law;

. Moral Grounds

‘Those coming to the Philippines to practice polygamy or who
advocate the practice of polygamy unless the person’s religion
allows such practices;

‘Those who are pedophiles, sexual perverts, or those coming to
the Philippines for immoral purposes;

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;
Those who, at the time of primary inspection, by the
Immigration Officer exhibit any obnoxious behavior, contempt
or disrespect for the said officer or any government official or
employee of the Bureau;

|. Criminal and Security Grounds
i.

Those who have been convicted of a crime involving moral
turpitude or who admit to the Immigration Officer having
committed such crime, or who attempt and conspire to
commit the crime;

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;

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;

‘Those who are fugitives from justice;

Those who seek to enter the Philippines to engage in:


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1. Espionage or sabotage, or a violation or evasion of any
laws prohibiting export of goods, technology or sensitive
information;

2. Any activity aimed to promote membership in an
organization of syndicated criminal activities;

3. Any activity, the purpose of which is to overthrow the
Philippine government by force, violence or other
unlawful means; and

4. Any other unlawful activity.

vi. 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;

vii. Those who have been identified by competent authorities,
local or foreign, as having engaged or are engaging in human
trafficking and smuggling;

vii. Those who are under fifteen (15) years of age and
unaccompanied by or not coming to a parent, except that they
may be admitted at the discretion of the Commissioner, if
otherwise admissible: Provided, That they present a written
consent to travel from either parent citing the purpose thereof
and affirmed by a Consular Officer; and

ix. Those who have been identified by competent authorities,
local and foreign, as having engaged or are engaging in
importation of contrabands and other prohibited articles into
the country.

SECTION 78. Temporary Custody of Excludable Foreign Nationals. ~ For
the purpose of ascertaining whether a foreign national arriving in the Philippines
belongs to any of the excludable classes of foreign national provided for in this
Act or related laws, the Immigration Officer, for a period not exceeding seventy-
two (72) hours, may temporarily take into custody for investigation such foreign
national either on board the vessel or at a place designated for the purpose at
the expense of the master, captain, agent, owner or consignee of the carrying
vessel; Provided that nothing in this provision shall be construed to unlawfully
deprive persons so taken into custody of any of their rights under international
law or the Constitution.

SECTION 79. Finality of Exclusion Order. — An order by the Immigration
Personnel to exclude a foreign national who is excludable under this Act is final
and executory unless revoked by the Commissioner upon a timely appeal prior
to the implementation of the exclusion order.

SECTION 80. Authority to Waive Grounds for Exclusion. — Except for
grounds of exclusion under Sec. 77(d), subparagraphs 1 to 7 and 9, the


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Commissioner may waive any of the grounds for exclusion mentioned in Sec. 77
of this Act.

SECTION 81. Procedure of Removal and Cost Thereof. - Foreign nationals
arriving in the Philippines who are ordered excluded shall be immediately
removed in the same accommodation to the country where they boarded the
vessel on which they arrived, unless the Commissioner determines that
immediate removal is not proper and practicable, in which case such excluded
foreign nationals shall be ordered detained. The cost of detention and other
expenses incidental thereto shall be borne by the owner, operator, master, pilot,
captain, agent or consignee of the vessel on which such foreigners arrived.

SECTION 82. Country Where Removal is to be Directed. — If the
government of the country designated in the preceding Sec. will not accept the
foreign national into its territory, the removal of the foreign national shall be
directed, at the Commissioner's discretion to any of the following:

. The country which the excluded foreigner is a citizen or national;

. The country of birth;

. The country of the foreign national’s habitual residence; or

. The country willing to accept the foreign national into its territory, if
removal to any of the foregoing countries is impractical or impossible.

Roop

SECTION 83. Obligation of Owner, Operator, Master, Captain, Pilot, Agent
or Consignee. — It shall be unlawful for an owner, operator, master, captain,
pilot, agent, or consignee of a vessel to refuse or fail to:

a. Board a foreign national ordered excluded and removed in the same
vessel or another vessel owned or operated by the same company;

b. Detain a foreign national on board any such vessel at the port of arrival
when required by this Act or when so ordered by an Immigration
Officer;

c. Deliver a foreign national for medical or other examinations when so
ordered by an Immigration Officer;

d. Remove a foreign national from the Philippines to the country to which
the individual’s removal has been directed; or

e. Pay the cost of detention and other expenses incidental thereto
incurred while the excluded foreign national is being detained as
required by Sec. 82 of this Act or other costs necessary or incidental
to his removal as provided in this Act.

SECTION 84. Penalty for Non-compliance of Obligation. — The owner,
operator, master, captain, pilot, agent, or consignee of a vessel who violates Sec.
83 of this Act shall pay the fines prescribed in Sec. 117 of this Act. No vessel
shall be granted clearance from any port in the Philippines while such fines


1 remain unpaid or while 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.

on

4
5 TITLE V

6 DEPORTATION

7

8 CHAPTER 1

9 DEPORTABLE FOREIGN NATIONALS
10
1 SECTION 85. Classes of Deportable Foreign Nationals. - The following

12 foreign nationals shall be taken into custody upon the order of the Commissioner
13. and deported upon recommendation by the BSI and approval by the Board:

15 a. Those who entered the Philippines: (1) by means of
16 misrepresentations or false or misleading statements or documents,
7 or (2) without inspection and admission by the immigration
18 authorities;

19 b. Those who entered the Philippines who were not lawfully admissible
20 at the time of entry;

21 c. Those who abet or aid in the practice of prostitution, including the
22 owner or manager of a prostitution den, or who are pedophiles;

23 d. Those who, at any time after the date of entry, have become a public
24 charge;

25 ¢. Those who remain in the Philippines in violation of any period of
26 limitation or condition under which they were admitted;

27 f. Those who believe in, advise, advocate or teach the overthrowing by
28 force and violence the Government of the Republic of the Philippines
29 or any duly constituted authority, or those who do not believe in or
30 are opposed to organized governments, or those who advise,
31 advocate or teach the assault or assassination of public officials, or
32 those who advise, advocate or teach the unlawful destruction of
33 Property, or those who are members of or affiliated with any
34 organization entertaining, advocating or teaching such doctrines, or
35 those who in any manner whatsoever extend assistance, financial or
36 otherwise, in the dissemination of such doctrines;

37 g. Those who, at any time after entry, engage in, abet, aid or finance
38 any terrorist activity;

39 h. Those who, at any time after entry, are charged of a crime involving
40 acts or omissions punishable under Philippine penal laws
41 cognizable by the Regional Trial Courts and the Sandiganbayan;

42 i, Those who, at any time after entry, are convicted by final judgment
43 of a crime involving moral turpitude punishable under Philippine

44 penal laws;


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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;

k. Those who violated Philippine labor and taxation laws, rules and
regulations;

1. Those who are found to be undesirable and whose further stay in
the Philippines is inimical to public welfare and interest, or the
dignity of the Filipinos, or the Republic of the Philippines as a
sovereign nation;

m. Those who forge, counterfeit, alter or falsely make any document; or
use, attempt to use, possess, obtain, accept or receive or provide any
forged, counterfeit, altered or falsely made document; or use,
attempt to use, provide, attempt to provide, accept or receive a
genuine document, even of another person, without authority to do
so for the purpose of satisfying or complying with the requirements
of the Bureau;

n. Those whose presence or activities in the country may result in
adverse consequences to Philippine foreign policies as determined
by the Secretary of Foreign Affairs;

0. Those who misrepresented themselves as Filipino citizens in all
immigration matters; and

p. Those who commit any violation of the provisions of this Act,
independent of any criminal action which may be brought against
them: Provided, That in case of a foreign national who, for any
reason, is convicted and sentenced to suffer both imprisonment and
deportation, said foreign national shall first serve the entire period
of the sentence before being deported.

SECTION 86. Non-Prescription of Deportation Cases. ~ The right of the State to
initiate at any time deportation proceedings shall not prescribe.

SECTION 87. Nature of Deportation Proceedings. - Deportation proceedings shall
be independent of any action that may be instituted against a foreign national:
Provided, that no deportation orders shall be implemented against foreign
nationals facing preliminary investigation, prosecution and trial before
competent authorities.

CHAPTER 2
DEPORTATION OF FOREIGN NATIONALS

SECTION 88. Formal Charge of Deportation. - A formal charge for
deportation shall be issued upon determination of the existence of a prima facie
case against the foreign national.


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SECTION 89. Bail. - Pending final determination of the foreign national’s
deportation case, the foreign national shall, upon the discretion of the
Commissioner: (a) remain under detention; or (b) be released on bail or
recognizance. The bail may be revoked and confiscated in favor of the
government if there is sufficient evidence that the foreign national is evading the
Proceedings or is attempting to abscond, in which case such foreign national
shall be taken into custody and placed under detention by order of the
Commissioner.

SECTION 90. Custody of a Foreign National Convicted of a Felony or an
Offense. ~ After service of the sentence or compliance with the conditions of
parole or probation, as the case may be, the foreign national shall be taken into
custody for immediate deportation by order of the Board.

SECTION 91. Voluntary Deportation, 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 country without prior written authorization from the
Commissioner.

SECTION 92. Period to Enforce Order of Deportation. — The order of
deportation shall be enforced immediately but in no case shall exceed three (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.

SECTION 93. Suspension of Deportation Order. - The Commissioner may
suspend the implementation of the deportation order and order the release of
the foreign national on bail or recognizance, taking into account 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.

SECTION 94. 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. 92 and re-entered the Philippines
unlawfully or without prior written authorization from the Commissioner.

SECTION 95. Country of Destination of a Deporte. - 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.

SECTION 96. 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 Sec. 85 of this Act. In all
other cases, the cost of deportation shall be borne either by the deportee, by the
concerned consular office, nongovernment organizations or people’s
organizations with which the Bureau has an agreement on this matter, or from
the appropriations for the enforcement of this Act.

SECTION 97. Liability of Owner, Operator, Captain, Master, Pilot, Agent or
Consignee of a Vessel. ~ Failure or refusal on the part of the owner, operator,
captain, master, pilot, agent or consignee of a vessel to take on board, guard
safely and transport the deportee to the foreign national’s country of destination,
or to shoulder the cost of deportation of the foreign crew member as provided in
the preceding Sec., shall be subject to the administrative fines prescribed under
Sec. 117 of this Act.

SECTION 98. Expenses of Accompanying Person. - The Commissioner may,
for security reason or by reason of the mental or physical condition of the
deporte, direct an employee of the Bureau to accompany such deportee to the
country of the deportee’s destination, subject to the provisions of Sec. 96.

CHAPTER 3
INDIGENT FOREIGN NATIONAL

SECTION 99. Removal of Indigent Foreign National. - At any time after
entry, the Commissioner may remove or otherwise deport 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 case may
be. The cost of deportation may be charged against the available funds of the
Office. Any foreign national removed under this Section shall be barred re-
admission except upon written authorization of the Board of Commissioners.


This 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.

TITLE VI
MISCELLANEOUS PROVISIONS

CHAPTER 1
REGISTRATION OF FOREIGN NATIONALS

SECTION 100. Requirement of Registration. — All foreign nationals 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.

SECTION 101. 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 payment of prescribed fees.

SECTION 102. Amendment of Registration. — A registered foreign national
shall notify the Bureau in writing of any change of information in the person’s
registration documents not later than seven (7) days from such change.

SECTION 103. Presentation of Certificate of Registration. — Every foreign
national required to register under this Act or the parent or guardian of such
foreign national shall, upon demand by any personnel authorized by the
Commissioner, present a certificate of registration of such individual, and failure
to do so without justifiable cause shall be dealt with in accordance with the
provisions of this Act.

SECTION 104. Reportorial Requirements. — Every foreign 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.

SECTION 105. Failure to Comply with Requirements. — A foreign national,
or the parent or guardian of the foreign national, who, without justifiable reason,
fails to comply with all the requirements under this Act, or who files an
application for registration containing statements known by the individual to be


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false, or who utilizes registration documents other than that of the individual,
shall be dealt with in accordance with the provisions of this Act and other
existing laws.

SECTION 106. 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
Office within sixty (60) days 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

SECTION 107. 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 for 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 proceedings instituted against
them.

SECTION 108. 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, master,
pilot, agent, or consignee or other persons served for services rendered as
established by the implementing rules and regulations.

SECTION 109. Cancellation and Forfeiture of Bonds. - When the conditions
of the bond are fulfilled, or in case the Commissioner determines that the
likelihood that a foreign national shall become a public charge no longer exists,
or in case of death of the foreign national in whose behalf the bond is posted, the
bond shall be cancelled and released to the depositor or the legal representative
of the foreign national. In case of violation of the conditions of the bond, the same
shall be forfeited and deposited in a trust fund account which may be utilized
for the purchase of passage tickets for the removal of indigent foreign nationals
and to cover the costs of operations in locating deportees who jump bail.


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CHAPTER 3
RECOGNIZANCE

SECTION 110. Petitions for Recognizance, Sanction for Breach of
Conditions. — The Commissioner may order the release of a foreign national
upon recognizance of the 6 foreigner’s lawyer or a person who is of good standing
in the community, under such terms and conditions as the Board may prescribe.
Failure to comply with the terms and conditions of the recognizance shall subject
said lawyer or person to a fine of not less than Fifty Thousand Pesos (PHP
50,000.00) but not more than One Hundred Thousand Pesos (PHP 100,000.00},
without prejudice to other administrative sanctions or proceedings against the

erring party.

CHAPTER 4
COOPERATION AND COORDINATION WITH OTHER OFFICES

SECTION 111. Working Cooperation with the Department of Foreign Affairs.
- For purposes of efficient implementation and administration of this Act, the
Bureau shall maintain a working cooperation with the DFA.

SECTION 112. Working Cooperation with the Commission on Higher
Education (CHED). - The Bureau shall maintain a working cooperation with the
CHED with respect to the accreditation of schools and learning centers for
enrollment of foreign students as authorized under this Act.

SECTION 113. Working Cooperation with the Civil Aviation Authority of the
Philippines (CAP). - The Bureau shall maintain a working cooperation with the
CAAP with respect to accreditation of flying schools for the enrollment of foreign
students.

SECTION 114. Coordination with Law Enforcement, Security and Other
Offices. — The Commissioner shall have the authority to maintain coordination
with the National Security Council, the Philippine National Police (PNP), and
other law enforcement agencies of the government.

CHAPTER 5
FEES AND CHARGES

SECTION 115. Authority of the Board to Prescribe, Impose and Collect Fees
and Charges. — The Board is authorized to prescribe, impose and collect fees
and charges for services rendered pursuant to the provisions of this Act.

CHAPTER 6
ADMINISTRATIVE FINES


SECTION 116. Fine for Failing to Submit Crew List or Passenger Manifest,
or Failure to Account Every Passenger and Crew. — Any owner, operator, master,
captain, pilot, agent, or consignee of a vessel arriving at any port in the
Philippines from a place outside thereof who fails to submit to the immigration
authorities a complete and accurate crew list or passenger manifest, or fails to
produce or account every crewmember or passenger whose name appears in said
list or manifest shall be subject to fines of One Hundred Thousand Pesos (PHP
100,000.00) and Fifty Thousand Pesos (PHP 50,000.00) for each unaccounted
person, respectively.

SECTION 117. Fine for Violation of Obligation on the Landing or Removal of
Foreign Nationals. — Any owner, operator, master, captain, pilot, agent, or
consignee of any vessel arriving at a port of the Philippines from a place outside
thereof having a foreign national on board in violation of this Act shall be fined
not less than Fifty Thousand Pesos (PHP 50,000.00) but not more than Two
Hundred Thousand Pesos (PHP 200,000.00) for each act or violation consisting
of:

a. Failure to prevent the landing of such foreign national in the
Philippines at any time or place other than as designated by the
Immigration Officer;

b. Refusal or failure to detain a foreign national on board any such
vessel at the port of arrival when required by this Act or so ordered
by an Immigration Officer;

c. Refusal or failure to deliver a foreign national for medical or other
examinations when so ordered by an Immigration Personnel;

d. Refusal or failure to pay the cost of maintenance and other costs, as.
required by this Act, of such foreign national when temporarily
removed from the vessels for examination by order of the
Immigration Officer;

e. Refusal to receive such foreign national on board for removal from
the Philippines if the foreign national is excluded, or to pay the cost
of removal as required under Sec. 81 and 96 of this Act;

f. Refusal or failure to take on board, guard safely and transport the
deportee to the foreign national’s country of destination, or to
shoulder the cost of deportation of the foreign crew member;

g. Making any charge against such foreign national for the cost
referred to in (d) above, or for the cost of the removal of the foreign
national from the Philippines if the latter is excluded, or taking any
security from the foreign national for the payment of any such costs.

SECTION 118. Fine for Bringing Undocumented Foreign National, or Foreign
National Afflicted with Communicable or Contagious Disease, or Suffering from
Mental 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


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Hundred Thousand Pesos (PHP 100,000.00) 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 (PHP 200,000.00) but not more than Three Hundred Thousand
Pesos (P300,000.00) for each foreign national.

SECTION 119. Fine for Bringing a Foreign National to Assist His legal
Entry or Misrepresenting a Foreign National as a Member of the Crew. — The
owner, operator, master, captain, pilot, agent, or consignee of the vessel arriving
at any 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 forcign
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 (PHP 12 100,000.00) but not more than Two
Hundred Thousand Pesos (PHP 200,000.00) for each foreign national.

SECTION 120. Fine for an Overstaying Crewmember. — Any foreign
crewmember who willfully remains in the Philippines beyond the period allowed
for temporary landing shalll be fined not less than Fifty Thousand Pesos (PHP
50,000.00) but not more than One Hundred Thousand Pesos (PHP 100,000.00).
The owner, operator, master, captain, pilot, agent, or consignee of the vessel
shall be solidarily liable for the fine imposed on such overstaying crewmember.

SECTION 121. Fine for Assaulting an Immigration Personnel. — Any form
of assault directed to any personnel of the Bureau is an 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 shall be
fined Two Hundred Thousand Pesos (PHP 200,000.00) without prejudice to the
right of the agerieved Immigration Personnel to file appropriate criminal, civil or
administrative cases against such person.

For purposes of this Act, an Immigration Officer shall be considered a
person in authority while in the performance of official duty.

SECTION 122. Fine for Violation of Other Provisions of this Act. — The owner,
operator, master, captain, pilot, agent, or consignee of any vessel arriving at any
Port of the Philippines from a place outside thereof who violates any other
Provision of this Act not specifically provided in this Chapter shall be fined not
less than Fifty Thousand Pesos (PHP 50,000.00) but not more than Two Hundred
Thousand Pesos (PHP 200,000.00) for each violation.

CHAPTER 7
PENAL PROVISIONS


SECTION 123. Prohibited Acts and Penalties. - Any person who shall
commit any of the acts specified hereunder shall, upon conviction, suffer the
penalty of imprisonment for not less than five (5) years but not more than ten
(10) years, or a fine of not less than One Hundred Thousand Pesos (PHP
100,000.00) but not more than Five Hundred Thousand Pesos (PHP 500,000.00),
or both imprisonment and fine, at the discretion of the court:

a. Impersonating another individual, or falsely appearing in the name
of a deceased individual, or evading immigration laws by using an
assumed or fictitious name when applying for an immigration
document;

b. Issuing or otherwise delivering an immigration document or an
immigration accountable form to any person not authorized by law
to receive such documents;

c. Obtaining, manufacturing, printing, accepting or using any
immigration or travel document knowing it to be false, or using an
immigration accountable form that is not legally issue

d. Entering the Philippines without inspection and admission by the
immigration authorities, or obtaining entry into the Philippines
through fraud, misrepresentation, or concealment of material facts;

€. Misrepresenting oneself to be a citizen of the Philippines;

f. Knowingly making any false statement under oath regarding any
immigration matter; or

g. Bringing into, or landing in the Philippines, or concealing,
harboring, employing, or giving 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 specified 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 imposed 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 particular circumstances of the case, the
forfeiture of the vessel in favor of the government in lieu of the fine shall be
decreed.


Conviction by final judgment of any offense punishable under this Act or
other related laws shall result in the automatic revocation or cancellation of any
immigration document issued to the offender, including that of the foreign
national’s spouse and unmarried children, if applicable.

SECTION 124. Penalty for Aiding the Escape of Detained Foreign National. — Any
person who shall be found to have helped, assisted, supported, caused or
ministered the escape, including harboring and concealing, of a foreign national
shall, upon conviction, be imprisoned for not less than five (5) years but not more
than ten (10) years and a fine of not less than Two Hundred Thousand Pesos
(PHP 200,000.00): Provided, That if the person liable is a foreign national, such
person shall be deported after service of sentence: Provided further, That any
tools, equipment, implements or vehicles used in the escape of a detained foreign
national shall be destroyed or forfeited in favor of the government.

SECTION 125. Penalty for Non-compliance of Subpoena. — Any person who,
having been duly served with a subpoena, fails to comply without valid and
justifiable reasons shall suffer the penalty of imprisonment of not more than
fifteen (15) days or a fine of not more than One Thousand Pesos (PHP 1,000.00),
or both, at the discretion of the court.

SECTION 126. Imposition of Maximum Penalty, When Applicable. — A person
convicted under Republic Act No. 3019, as amended, otherwise known as the
“Anti-Graft and Corrupt Practices Act,” or other laws against corruption and
bribery in relation to any violation or circumvention of any provision of this Act
shall suffer the maximum penalty under the said Republic Act or other laws
against corruption and bribery, as the case may be.

CHAPTER 8
UPGRADING OF COMPENSATION AND BENEFITS

SECTION 127. Creation of New Positions, Reclassification of Existing Positions
and Upgrading of Salary Levels. - The following positions in the Bureau are
hereby created, and the existing positions reclassified, with the corresponding
salary grade levels:

EXISTING POSITION RECLASSIFIED POSITION | SALARY
GRADE

Commissioner Commissioner III 30
Deputy Commissioner Deputy Commissioner I 29
Attorney V Chief Special Inquiry Officer 28
(Board of Special Inquiry) (Overall Chairperson, BSI)
Chief Administrative Chief Administrative Officer 2B
Officer (Director for Administration)



(Administrative Division)

Chief Administrative

Chief Finance and Logistics
Officer

Officer

Officer

Mascudeat Divicion) (Director for Finance and 38
: ane Chief Information and
Information Technology Communications Technology 28
Officer (Director for ICT)
Immigration Officer Chief Alien Registration Officer
(Alien Registration ‘ 4 mn Off 28
Dinero) (Director for Alien Registration)
Chief Immigration Officer Chief Immigration Officer for
(Immigration Regulation mmigral ‘guiation 28
Division) (Director for Immigration
Regulation)
, - Chief Immigration Oflicer for
Chief Intelligence Officer , t
1 nce | Intelligence (Director for 28
(Intelligence Division) intelligence)
, a Chief Immigration Officer for
Chief Immigration Officer Operations (Director for 28
(Port Operations Division) i
Operations)
Chief Immigration Officer for
Attorney V Legal Affairs (Director for Legal 28
Affairs)
Chief Immigration Officer for
Law Enforcement (Director for 28
Law Enforcement)
Chief Planning and Research
Specialist (Director for Planning 28
and Research)
Chief Human Resource and
Management Officer (Director 28
for Human Resource
Management and Development)
Regional Director 27
Special Inquiry Officer IV
Attorney IV (BSI) (cnaispersnn, BSI 27
‘Attorney 1V (Legal Division) | Immigration Prosecutor IV 27
Special Inquiry Officer IIT
Attorney III (BSI) Iomber ben 26
‘Attorney Ill (Legal Division) _| Immigration Prosecutor Il 26
Supervising Immigration Supervising Immigration Officer 26
Supervising Administrative | Supervising Administrative 26



Medical Officer III

Immigration Physician

26

Supervising Human Resource

Management Officer 26
District Supervisor 26
‘Attorney Il (Legal Division) | Immigration Prosecutor II 25
Intelligence Officer IV ‘Senior Immigration Officer 25
‘Accountant Iff Immigration Accountant V 25
Dentist Immigration Dental Officer 25
Supervising Immigration 25
Research Specialist
‘Attorney I (Legal Division) | Immigration Prosecutor I 24
Senior Immigration Officer | Immigration Officer IV 24
snistrati Immigration Administrative
Administrative Officer IV Officer IV 24
Information and
Information Technology Communications 24
‘Technology Officer I
Nurse Immigration Healthcare Officer 23
Immigration Research Officer lif | 23
HR Management Officer If 23
‘Accountant I Immigration Accountant II 22
Information System Analyst amie Information System 22
Immigration Officer I Immigration Officer I 21
Immigration Research Officer II 21
HR Management Officer Il 21
‘Accountant I Immigration Accountant I 19
Computer Programmer II Tmmigration Computer 19
Computer Maintenance Immigration Information 70
Technologist II Technologist If
Immigration Officer II
Intelligence Officer IT Immigration Officer II 19
Special Investigator Il
Immigration Officer I
Intelligence Officer I Immigration Officer I 7
Special Investigator I
Fingerprint Examiner IV ‘Alien Fingerprint Examiner IV 17
Immigration Research Officer I 17
HR Management Officer I 17
Immigration Assistant Tmmigration Inspector 15
Intelligence Agent I Immigration Agent II 15
“Administrative Officer I Immigration Administrative 1s

Officer II



Swmvanaune

1
12
13
14
15
16

Immigration Research Assistant 15
HR Management Assistant 15
Fingerprint Examiner Alien Fingerprint Examiner il 15
‘Administrative Aide VI Immigration Aide VI 14
victrati , Immigration Administrative
Administrative Assistant II | Anmugration 13
‘Administrative Aide V Immigration Aide V 13
Fingerprint Examiner Il Alien Fingerprint Examiner II 13
Security Guard II Civil Security Officer II 13
Intelligence Agent I Immigration Agent I 13
Translator II Immigration Translator II 12
ee Immigration Administrative
Administrative Assistant II Assistant I 12
Administrative Aide IV Immigration Aide IV 12
| Administrative Aide IIT Immigration Aide IIT 1

Immigration Healthcare

Assistant II

Nursing Attendant ‘Assistant 11
Security Guard I
Seaman
Launch Patron Civil Security Officer I ll
Marine Engineman

| Quartermaster

| Legal Aide Immigration Legal Assistant 10

ee ‘ Immigration Administrative

Administrative Assistant I ‘Assistant IV 10
‘Administrative Aide Il Immigration Administrative 8

Upon the recommendation of the Board, the Secretary of the DOJ shall
reorganize, upgrade, or otherwise make adjustments in the offices of the Bureau
as required by the implementation of this Act: Provided, That to the extent
possible, the incumbent chiefs of sections and divisions whose offices are hereby
affected may be upgraded to positions of comparable rank in the reorganization:
Provided, further, That for the new directorates and positions created under this

Act, the Board shall designate the directors and officers thereof.

SECTION 128. Additional Grant of Benefits. —The Bureau shall provide its

employees with the following benefits:

a. Health care services through an accredited Health Maintenance

Organization for its regular employees;
b. Accident Insurance policies for all employees;

c. Night Shift differential and overtime pay for actual work rendered,

in accordance with existing guidelines;



Swemovaneune

vans

13

d. Longevity pay, subject to guidelines that shall be issued by the
Board in accordance with existing laws and regulations and subject
to the approval of the Secretary of the DBM;

. Transportation benefits;

Dislocation allowance; and

+ Hazard pay amounting to twenty-five percent (25%) of basic salary

to qualified employees as may be determined by the Board,

mmo

SECTION 129. Retention and Use of Immigration Fees, Fines and Other
Income; 13 Immigration Trust Fund. — The Board 1s hereby authorized to retain
and use every year thirty percent (30%) of its collections from immigration fees,
fines and penalties, and other income that may be collected by the Bureau for
the effective implementation of this Act.

There is hereby created an Immigration Trust Fund (ITF) sourced from the
collections mentioned in this Section. The ITF shall be administered by the Board
in accordance with existing government auditing rules and regulations, and shall
be used exclusively as follows:

a Forty percent (40%) for the modernization of equipment, facilities
and offices used by employees of the Bureau, including capital
cutlay for the establishment of new buildings and field offices for the
effective implementation of this Act;

b. Thirty percent (30%) for the payment of employee benefits provided
in this Act, and as may be hereafter provided by the Board with the
approval of the Secretary of the DOJ; and

© Thirty percent (30%) for the further professionalization of the
employees of the Bureau including trainings, seminars and other
career advancement programs.

All interest income, dividends and earnings accrued from the ITF shall also
form part of the Trust Fund. No portion of the ITF shalll revert to the general fund
of the National Government, except when the ITF is no longer necessary for the
purposes for which it was established.

CHAPTER 9
TRANSITORY PROVISIONS

SECTION 130. Interim Period. — The incumbent Commissioner and the
two Deputy Commissioners, if qualified under this Act, shall continue to
discharge the functions of their position unless otherwise removed by the
President. All personnel of the present Bureau of Immigration shall continue to
discharge the functions of their position pending the reorganization as provided
in this Act.


Sweovanuaunne

12
2B
14
15

17
18
19
20
2a
22
23
24
25
26
27
28
29
30
31
32

35
36
37
38
39

41

43

SECTION 131. Reorganization of the Bureau. — Upon approval of this Act,
all employees of the Bureau of Immigration covered by the civil service law and
regulations shall continue to hold their present positions pending the
reorganization of the Bureau in accordance with the new staffing pattern:
Provided, That the salaries, wages, allowances and other benefits of incumbent
officers and employees of the Bureau shall not be subject to diminution:
Provided, further, That employees who have been dismissed for cause shall no
longer qualify for any position in the Bureau.

SECTION 132. Inventory and Transfer of Properties, Accounts, Assets,
Liabilities and Obligations to the Commission. — All buildings, properties,
equipment, facilities, accounts, other assets, liabilities and other obligations as
well as records of the Bureau of Immigration shall be properly inventoried and
transferred to the Bureau.

SECTION 133. Treaty or Agreement. - Any treaty or agreement entered into
between the Philippines and any foreign state before the effectivity of this Act
shall remain in force and effect.

SECTION 134. Pending Cases. - Any prosecution, suit, action, proceeding,
or any act or matter, civil or criminal, pending at the time of the effectivity of this
Act shall not be affected by any of the provisions of this Act unless otherwise
explicitly stated herein.

CHAPTER 10
ADMINISTRATION AND IMPLEMENTATION

SECTION 135. Administration and Implementation Abroad, - The
administration and implementation of this Act abroad, including the rules and
regulations, and specific visa policies or guidelines, shall be the responsibility of
the DFA, with due notice to the Bureau and other concerned agencies and offices.

SECTION 136. Implementing Rules and Regulations. —Within sixty (60)
days from the effectivity of this Act, the Bureau shall, in coordination with the
Secretaries of the DBM, the DOJ, and the DFA, promulgate the rules and
regulations for its effective implementation.

SECTION 137. Appropriations. - The amount necessary to cover the initial
implementation of this Act shall be charged against the following:
a. Current year’s appropriation of the Bureau of Immigration; and
b. Immigration fees, fines and other income authorized under Sec. 129
of this Act.


Thereafter, such sums as may be needed for its continued implementation
shall be included in the annual General Appropriations Act and from the
immigration Trust Fund.

CHAPTER 11
FINAL PROVISIONS

SECTION 138. Separability Clause. - Should any provisions of this Act be
declared invalid, the remaining provisions shall continue to be in force and effect.

SECTION 139. Repealing Clause. - Commonwealth Act No. 613, otherwise
known as the “Philippine Immigration Act of 1940,” as amended, and Republic
Act No. 750 are hereby repealed. All other laws, presidential decrees, executive
orders, proclamations, memorandum orders, instructions, rules and regulations
or parts thereof inconsistent with this Act are hereby amended or modified
accordingly.

SECTION 140. Effectivity. - This Act shall take effect fifteen (15) days after
its publications in the Official Gazette or in any newspaper of general circulation.

Approved,