TWENTIETH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
of i: '
25 AUG-5 P3 :48
SENATE 
S. No. 927
RliCEiVED Ev
Introduced by Senator Jinggoy Ejercito Estrada
AN ACT
MODERNIZING THE BUREAU OF IMMIGRATION BY DEFINING ITS 
POWERS AND FUNCTIONS, EXPANDING, RATIONALIZING AND FURTHER 
PROFESSIONALIZING ITS ORGANIZATION, UPGRADING THE 
COMPENSATION AND BENEFITS OF ITS OFFICIALS AND EMPLOYEES, AND 
APPROPRIATING FUNDS THEREFOR
EXPLANATORY NOTE
It is incumbent upon Congress to pass a law amending one of the most 
important pieces of legislation, Commonwealth Act No. 613, otherwise known as the 
Philippine Immigration Act of 1940. Commonwealth Act No. 613 was passed eighty- 
five (85) years ago. Since then, there have been significant changes in the social, 
economic, and political milieu, as well as major technological advancements. As 
such, the Bureau of Immigration should be able to adapt to the changing times and 
be responsive to the needs of the people. The agency is a vital component of 
government and an integral factor in the development of the country through the 
promotion of investments, trade and commerce, and tourism.
This bill seeks to reorganize and strengthen the Bureau of Immigration which 
shall be principally responsible for the administration and enforcement of 
immigration, alien registration, citizenship laws, among others. Additionally, there is 
a need to systematize the procedures for immigrants and non-immigrants as well as 
provide for penalties for foreigners or aliens engaged in unlawful activities.


In view of the foregoing, passage of this bill is earnestly sought.
^^IJINGGOY EJERCITO ESTRADA


TWENTIETH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
•'0o'r,' ■■
)
SENATE 
s. No. 927
25 AUG-5 P3:48
RtCEl V "D Bv
Introduced by Senator Jinggoy Ejercito Estrada
AN ACT
MODERNIZING THE BUREAU OF IMMIGRATION 
BY DEFINING 
ITS
POWERS AND FUNCTIONS, EXPANDING, RATIONALIZING AND FURTHER 
PROFESSIONALIZING ITS ORGANIZATION, 
UPGRADING 
THE
COMPENSATION AND BENEFITS OF ITS OFFICIALS AND EMPLOYEES, AND 
APPROPRIATING FUNDS THEREFOR
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled:
1 
TITLE I
2 
GENERAL PROVISIONS
3 
Section 1. Short Title. - This Act shall be known as the "Bureau of
4 
Immigration Modernization Act.
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Sec. 2. Declaration of Policy. - In the conduct of its relations with other
6 
States, the Philippines hall give paramount consideration to national sovereignty,
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territorial integrity, national security, national interest, the right to self-
8 
determination, the enhancement of economic diplomacy, and the protection of
9 
overseas Filipino in destination countries as it adheres to the policy of peace,
10 
cooperation, and amity with all nations.
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It is hereby declared that the Philippine immigration structures, policies, rules
12 
and regulations established under this Act, shall be designed, operated, and
13 
administered in such a manner as to promote the domestic and international
14 
interests of the Philippines, in recognition of:


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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 technological and scientific development in the 
country;
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.
Sec. 3. Definition of Terms. - As used in this Act:
a) Admission refers to the process by which a foreigner arriving at a port of 
entry in the Philippines is allowed into the country whereby a status or 
entry category is granted by the immigration authorities;
b) Border Controi Officer - refers to any person tasked to man the Border 
Control Checkpoints authorized as provided in this Act;
c) Captain refers to the master of a vessel or pilot of an aircraft;
d) Chiid or chiidren refers to a person or persons below eighteen (18) years 
of age;
e) Citizen refers to any person who is a citizen of the Philippines under 
Section 1, Article IV of the Constitution of the Republic of the Philippines;
f) Commissioner refers to the Commissioner of the Bureau of Immigration;
g) Commitment Order refers to an order issued by the Commissioner under 
this Act that directs the taking into custody of a foreign national after it 
has been determined that probable cause exists that the foreign national 
committed acts or omissions in violation of Philippine immigration laws, 
rules and regulations, or during the pendency of deportation proceedings


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against such foreign national: Provided, That such custody shall not 
exceed three (3) months, unless there exists other legal grounds for 
continued custody;
h) Consular Officer refers to any consular, diplomatic, or other officer of the 
Department of Foreign Affairs (DFA) who has been granted a consular 
commission for the purpose of issuing visas under this Act;
i) Derogatory Information refers to details about persons and travel 
documents relating to immigration consisting of the following:
1) Biackiist Order refers to an order issued by the Commissioner that 
prevents a foreign national from entering the territorial jurisdiction of 
the Philippines;
2) Hoid Departure Order (HDO) refers to an order issued by the 
Commissioner preventing a foreign national from leaving the territorial 
jurisdiction of the Philippines in cases where bail or recognizance is 
granted pending implementation of a Deportation Order, or a directive 
implementing an order issued by the appropriate court preventing a 
person from leaving the territorial jurisdiction of the Philippines; and
3) Monitor 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 thirty (30) days, and to notify the concerned 
government agencies of the Philippines; and
4) Temporary Travei Restriction Order (TTRO) refers to a document 
issued by the Secretary of Justice, or his authorized representative, 
against a respondent in a case subject of preliminary investigation 
when the minimum imposable penalty is six (6) months and one (1) 
days or when the offender is a foreigner regardless of the imposable 
penalty, directing the Bureau of Immigration to prevent the subject 
thereof from leaving the Philippines for a period of sixty (60) days from 
issuance of the order, unless the handling prosecutor recommends the 
filing of the appropriate case before the Regional Trial Court, which has 
the authority to issue HDOs. The TTRO may be extended for another


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sixty (60) days, but without prejudice to the filing of an Allow 
Departure Order.
j) Entry refers to the arrival of a foreign national into any designated port of 
entry in the Philippines from a place outside the Philippine territorial 
jurisdiction. A foreign national having a lawful permanent residence in the 
Philippines shall not be regarded as making an entry for the purpose of 
this Act, if such foreign national proves that the departure to a place 
outside the Philippines was for a temporary or limited period, or the 
continued absence from the Philippines was occasioned by deportation 
proceedings, extradition, or other legal process;
k) Exclusion refers to the act of Immigration Officers denying admission of a 
foreign national into the county on grounds provided in this Act;
l) Foreign National or Alien refers to any person who is not a citizen of the 
Philippines;
m) Immigrant refers to any foreign national, other than a non-immigrant, - 
granted resident status in the Philippines under the provisions of this Act 
and other laws granting immigrant status;
n) Immigration laws refer to this Act and any other laws presently existing or 
which may hereafter be enacted relating to the movement of natural 
persons to and from the Philippines;
o) Immigration Officer reters to any person appointed under Title II, Chapter 
18 of this Act or any employee designated by the Commissioner to 
perform the powers, duties and functions of an Immigration Officer as 
specified under this Act;
p) Non-immigrant refers to any foreign national who is allowed entry and 
admission into the Philippines for a temporary or limited period of stay;
q) Non-refouiement refers to a principle of international law which prohibits 
the forced or involuntary return of refugees or those seeking asylum in the 
Philippines to the state or territory where their lives or liberty are 
threatened;
r) Passport refers to a document issued by a government to its citizens 
requesting other governments to allow such citizens to pass through or


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enter into a territory of other states safely and freely, subject to pertinent 
rules and regulations;
s) Port of entry refers to any port designated by the Commissioner through 
which a foreign national may enter or exit the Philippines;
t) Refugee refers to a person who, owing to a well-founded fear of being 
persecuted for reasons of race, religion, nationality, membership in a 
particular social group, or political opinion, is outside such person's 
country of nationality, and is unable or, owing to such fear, unwilling to 
avail of the protection of that country; or a person who, not having a 
nationality and being outside such person's country of former habitual 
residence, is unable or, owing to such fear, unwilling to return to it;
u) Seaman, Seafarer or Crewmember rotors to a person actually employed in 
the operation or service in any capacity on board a vessel;
v) Stateless Person refers to a person who is not considered a national by 
any state under the operation of its laws;
w) Travel document refers to a certification or identifying document 
containing the description and other personal circumstances of its bearer 
issued by a government to individuals for travel purposes;
x) Vessel refers to all means of conveyances, whether aircraft or sea craft; 
and
y) Visa refers to an endorsement on a passport or any travel document 
issued by a Consular Officer abroad authorizing the holder thereof to 
proceed to a designated port of entry in the Philippines and there to apply 
for entry and admission under the status specified therein; or an 
endorsement on a passport or any travel document granted by the 
Commissioner of the Board under this Act, or by any other person 
authorized by existing laws.
TITLE II
THE BUREAU OF IMMIGRATION 
CHAPTER 1 
THE BUREAU


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Sec. 4. Overview. - The Bureau of Immigration, hereinafter referred to as the
2 
Bureau, shall be under the control and supervision of the Department of Justice
3 
(DOJ). The Bureau shall be principally responsible for the administration and
4 
enforcement of this Act, and the implementation of all laws, rules and regulations, or
5 
orders of any competent authority concerning the entry and admission into, stay in
6 
and the departure from the Philippines of all persons. The Bureau may seek the
7 
assistance of other government entities in the enforcement of laws, rules and
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regulations relating to immigration, border control and anti-trafficking in persons.
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CHAPTER 2
10 
THE BOARD OF COMMISSIONERS
11 
Sec. 5. Composition and Quaiification of the Board of Commissioners. - The
12 
Bureau shall be administered by the Board of Commissioners, hereinafter referred to
13 
as the Board, headed by the Commissioner as Chairperson, and two (2) Deputy
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Commissioners as members, all of whom shall be natural-born citizens of the
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Philippines, holders of a college degree, with proven capacity for administration and,
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at the time of their appointment, at least thirty-five (35) years of age: Provided,
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That at least one of the members shall be a member of the Philippine Bar in good
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standing for at least five (5) years prior to the appointment: Provided, further, That
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at least one (1) member of the Board shall come from the ranks of the Commission.
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Sec. 6. Powers and Functions of the Board. - The Board shall have the
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following powers and functions:
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a) Decide on applications or cases relative to:
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1) Deportation;
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2) Revocation of immigration status;
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3) Reacquisition and retention of Philippine citizenship under Republic Act
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No. 9225, otherwise known as the Citizenship Retention and
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Reacquisition Act of 2003;
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4) Issuance and revocation of all visas and permits;
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5) Declaration of indigence; and
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6) Legalization of residence in accordance with law.
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b) Cite and punish for contempt in relation to the discharge of its quasi-
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judicial functions in accordance with the Rules of Court;


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c) Prescribe and promulgate rules of procedure for proceedings before it;
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d) Prepare and publish operations manuals, including schedules of fees for all
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transactions entered into by the Bureau with the public;
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e) Formulate policies, directives, programs and projects of the Bureau; and
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f) Such other powers and functions as provided in this Act and other existing
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laws, rules and regulations not inconsistent with any provisions of this Act.
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Sec. 7. Decisions of the Board. - All cases or proceedings before the Board
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shall be decided with the concurrence of the majority of the members of the Board.
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Decisions of the Board shall become final and executory fifteen (15) days from
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receipt thereof by the concerned parties. Only one (1) motion for reconsideration
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shall be allowed.
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Decisions in deportation cases may be appealed to the Secretary of Justice
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within fifteen (15) days from receipt thereof by the concerned party. The decision of
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the Secretary of Justice within fifteen (15) days from receipt of judgement. The
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decision of the Board shall become executory after thirty (30) days from
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promulgation, unless within such period the President shall order the contrary.
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Sec. 8. Period for Decision by the Board. - The Board shall decide deportation
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cases within sixty (60) days from the date they are submitted for resolution.
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Sec. 9. Meetings of the Board. - In all cases, the Board of Commissioners
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shall convene and act as a collegial body in all matters referred to in Section 6 of this
21 
Act. The Board shall meet at least once a week or, if necessary, twice a week.
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Members of the Board shall be notified accordingly and the presence of the
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Chairperson and one (1) member shall constitute a quorum.
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CHAPTER 3
25 
THE COMMISSIONER AND THE DEPUTY COMMISSIONERS
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Sec. 10. Appointment of the Commissioner. - The Commissioner shall be
27 
appointed by the President and shall have the same rank, salary, and privileges of
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an Undersecretary of a Department.
29 
Sec. 11. Powers and Functions of the Commissioner. - In addition to the
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duties as Chairperson of the Board of Commissioners, the Commissioner shall
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exercise the following powers and functions:
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a) Supervise, direct and coordinate the overall operations of the Bureau;


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b) Appoint, promote, and reassign personnel of the Bureau in accordance 
with civil service laws, rules and regulations, subject to the approval of the 
Secretary of Justice;
c) Issue the following:
1) Mission Order, after determination of the existence of probable cause 
for the purpose of deporation;
2) Commitment or Release Orders;
3) Warrants of Deportation;
4) Orders to inspect the documents, premises and records of persons 
covered by this Act; and
5) Derogatory information orders defined in Section 3(i) of this Act;
d) Delegate authority to subordinate immigration personnel and employees 
of the Commission, except the powers and function enumerated in 
paragraph (c) of this section, which may be delegated only to a Deputy 
Commissioner;
e) Act on application for extension of visas with the concurrence of the 
Board;
f) Act on application for study and work permits;
g) Control the opening and closure of posts, landing places, airports or ports 
classified as points of entry or exit, whether limited or unlimited;
h) Increase, reduce or waive immigration fines, penalties and other charges;
i) Issue Certificates of Naturalization to foreign nationals who have been 
granted Philippine citizenship;
j) Promulgate rules and regulations as may be necessary or proper for the 
effective discharge of the duties and responsibilities of the officials and 
personnel of the Bureau, and for the effective exercise of the powers and 
functions of the Bureau;
k) Deputize, subject to the concurrence of the Board, any official or 
employee of the national government and local government units, 
including uniformed personnel of the Armed Forces of the Philippines, the 
Philippine National Police, and the Philippine Coast Guard to assist 
immigration personnel in the performance of their duties and functions;


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l) Seek the assistance of relevant government agencies for intelligence data 
gathering and sharing;
m) Authorize and prescribe, with the concurrence of the Board, the form and 
the amount of cash bonds for the provisional release of respondents in 
deportation proceedings;
n) Impose reasonable fines and penaities for violations of immigration and 
aiien registration laws in accordance with this Act and the guidelines 
adopted by the Board;
o) Accept donations of materials, equipment or technical services from any 
foreign government, international or domestic organization, to upgrade 
the efficiency and operations of the Bureau;
p) Provide an express iane system for the rendition of services performed for 
individuals and entities upon payment of fees that may be prescribed, and 
deposit in an authorized government depository banks such fees received 
under a trust fund subject to auditing and accounting rules, fifty percent 
(50%) of which shali be made available for the augmentation of the 
salaries of the employees of the Bureau and fifty percent (50%) of which 
shali be remitted to the nationai treasury;
q) Submit to the President and to Congress, annually or as may be directed, 
a report on:
1) The number and status of foreign nationals in the Phiiippines;
2) Foreign national admitted or granted change of status as permanent 
residents;
3) Foreign nationals who have been excluded or deported from the 
Philippines;
4) The estimated number of illegal foreign nationals in the Philippines in 
each calendar year and actions taken to arrest them, grouped by 
nationaiity, for each region in the Philippines; and
5) Such other transactions of the Bureau;
r) 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)


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passengers there shall be one (1) Immigration Officer on an eight-hour
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shift;
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s) Receive administrative complaints against BI personnel, gather evidence in
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relation thereto, conduct administrative investigation, and transmit
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complete records thereon to the Office of the Secretary through the
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Internal Affairs Service (IAS);
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t) Prepare and submit a supplemental budget, if necessary, for the
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consideration of the Department of Budget and Management (DBM) and
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Congress;
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u) Prescribe, with the concurrence of the Board, the appropriate forms,
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bonds, reports, entries and other papers in accordance with this Act;
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v) Require all vessel operators to submit advance passenger information in
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the form prescribed by the Board, and prescribe penalty for the violation
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hereof;
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w) Engage foreign counterparts pertaining to border control; and
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x) Perform such other functions inherent to the Bureau.
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Sec. 12. Powers and Functions of the Director General. - There shall be two
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(2) Deputy Commissioners who shall be appointed by the President. They shall have
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the rank, salary and privileges of an Assistant Secretary of a Department.
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Sec. 13. Duties of Deputy Commissioners. - In addition to their duties as
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members of the Board, the Deputy Commissioners shall supervise a minimum of two
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(2) Divisions and one (1) regional office each as determined by the Commissioner.
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CHAPTER 4
24 
THE ITNERNAL AFFAIRS SERVICE
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Sec. 14. Qualifications of the Director, Internal Affairs Service (IAS). - An
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Internal Affairs Service (IAS) of the Bureau is hereby created directly under the
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Office of the Secretary of Justice, which shall be headed by a Director who must be
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a natural-born citizen of the Philippines, at least thirty (30) years of age and a
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member of the Philippine Bar in good standing for at least five (5) years prior to the
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appointment.
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Sec. 15. Powers and Functions of the IAS. - The IAS shall have the following
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powers and functions:
10


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a) Conduct inspections and audit over all personnel and units of the Bureau;
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b) Conduct summary hearings of administrative cases initiated against
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personnel appointed by the Commissioner. The Office of the Commissioner
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shall receive all administrative complaint and indorse the same to the
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Office of the Secretary together with investigation reports and evidence
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gathered in relation to the complaint;
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c) File appropriate criminal cases against BI personnel before the court when
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warranted and assist in the prosecution thereof; and
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d) Provide assistance to the Office of the Ombudsman in cases involving the
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personnel of the Bureau.
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CHAPTER 5
12 
THE BOARD SECRETARY
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Sec. 16. Qualifications of the Board Secretary. - There shall be a Board
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Secretary of the Board of Commissioners who must be a natural-born citizen of the
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Philippines, at least thirty (30) years of age and a member of the Philippine Bar in
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good standing for at least five (5) years prior to the appointment.
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Sec. 17. Powers and Duties. - The Board Secretary shall:
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a) Attend in and take the minutes of all meetings of the Board;
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b) Prepare the agenda for the deliberation of the Board on visa applications;
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c) Prepare the agenda for the deliberation of the Board on deportation cases
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as endorsed by a member of the Board after initial review;
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d) Implement the decision of the Board approving visa applications, including
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revalidation;
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e) Keep and manage all records of the deliberation of the Board;
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f) Advise the members of the Board on all matters relative to compliance
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with relevant laws and requirements of regulatory authorities; and,
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g) All other functions as may be directed by the Board.
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CHAPTER 6
29 
THE BOARDS OF SPECIAL INQUIRY
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Sec. 18. Creation of the Boards of Special Inquiry. - There shall be created
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up to five (5) Boards of Special Inquiry (BSI) as required in the exigency of service
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as determined by the Board. Each BSI shall be composed of a Chairperson and two
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(2) members. The BSI shall be designated according to their areas of specialization
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to be determined by the Board.
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Sec. 19. Appointment and Qualifications of the Chairpersons and Members of
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the BSI. - The Chairpersons and members of the BSI shall be appointed by the
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Commissioner, all of whom shall be natural-born citizens of the Philippines, and at
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the time of their appointment, at least thirty (30) years of age, members of the
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Philippine Bar in good standing and engaged in the practice of law for at least three
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(3) years
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Sec. 20. Powers and Functions of the BSI. - The BSI shall:
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a) Recommend to the Board of Commissioners for final resolution cases and
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applications relative to:
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1) Deportation;
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2) Revocation of immigration status;
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3) Legalization of residence in accordance with law; and
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4) Issuance of visas for stateless persons.
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b) Recommend to the Commissioner for appropriate action cases and
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applications relative to:
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1) Cancellation of alien certificates or registration by marriage; and
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2) Issuance of alien certificates or registration to refugees;
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c) Issue subpoena in cases being heard by the BSI;
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d) In the exercise of its quasi-judicial power, cite and punish persons for
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contempt in accordance with the Rules of Court;
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e) Recommend to the Board the imposition, waiver or reduction of fees, fines,
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penalties and other charges, subject to existing laws, rules and
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regulations;
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f) Administer oaths in connection with the performance of their duties, as
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may be authorized by the 
Board;
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g) Promulgate rules and regulations governing matters within its assigned
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mandate subject to the approval of the Board; and
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h) Perform such other duties and functions as may be directed by the
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Commissioner or the Board of Commissioners.
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Sec. 21. 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 may appear for and in behalf of 
any party before the BSI.
Sec. 22. Resolutions of the BSI. - Cases before the BSI shall be resolved 
within five (5) working days from the date the cases are submitted for resolution. 
The resolution of the BSI shall be submitted immediately to the Board for action.
Sec. 23. Creation of the Positions; BSI - The positions created under the BSI 
shall have the following classification and salary grades:
DESIGNATION
POSITION
SALARY GRADE
Chairperson
Attorney V
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Members
Attorney IV
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CHAPTER 7
DIVISIONS AND OTHER OPERATING OFFICES OF THE BUREAU
Sec. 24. Divisions and Other Operating Offices of the Bureau. - The Bureau 
shall have the following Divisions and other operating offices, namely:
a) Divisions:
1) Administrative;
2) Alien Registration;
3) Finance and Logistics;
4) Human Resource Management and Development;
5) Immigration Regulation;
6) Information and Communications Technology;
7) Intelligence;
8) Law Enforcement;
9) Legal Affairs;
10) Operations; and
11) Planning and Research
b) Field Offices that shall be created by the Board of Commissioners 
according to political or administrative regions.
c) Districts:
1. Major airports; and
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2. Seaports.
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Sec. 25. Heads of the Divisions and Other Operating Units. - Each Division
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shall be headed by a Division Chief with a Salary Grade of 25: Provided, That the
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Chief for Legal Affairs shall be a member of the Philippine Bar in good standing and
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must have been engaged in the practice of law for at least three (3) years, and that
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the Chief for Finance and Logistics shall be a Certified Public Accountant in good
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standing for at least three (3) years.
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The Regional Offices shall be headed by a Supervising Immigration Officer
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with a Salary Grade of 23, while the District and Field Offices shall be headed by a
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Senior Immigration Officer with a Salary Grade of 20.
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No person shall be appointed as Chief of any of the Divisions enumerated in
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Section 24(A) of this Act unless such person meets the qualification standards set by
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the Bureau and approved by the Civil Service Commission (CSC).
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Sec. 26. Organizational Structure, Duties and Functions of the Divisions,
15 
Regional Offices, Districts, Field Offices and Other Operating Offices. - Subject to the
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approval of the DBM, the Board shall determine the organizational structure of the
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different Divisions and other operating offices of the Bureau to ensure the effective
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performance of their respective mandates.
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Sec. 27. Chief Administrative Officer. - The Chief Administrative Officer shall
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perform the following duties:
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a) Development and implement an administrative support strategy for the
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Bureau;
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b) Coordinate all administrative functions of the Bureau;
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c) Monitor and evaluate all policies and programs of the Bureau, and
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recommend to the Board of Commissioners such policies, programs and
26 
measures for the effective and efficient administrative functions of the
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Bureau; and
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d) Perform such other tasks as may be directed by the Commissioner.
29 
Sec. 28. Chief Alien Registration Officer. - The Chief Alien Registration
30 
Officer shall perform the following duties:
31 
a) Formulate plans and policies for the implementation of the Alien
32 
Registration Program;
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b) Establish and implement measures for the effective registration,
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monitoring and accounting of aliens, including the collection and
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safekeeping of biometric data of all aliens pursuant to this Act and other
4 
laws, rules and regulations;
5 
c) Monitor and evaluate all policies, programs and measures relative to alien
6 
registration, and recommend to the Board of Commissioners such
7 
measures to improve the system of alien registration; and
8 
d) Perform such other tasks as may be directed by the Commissioner.
9 
Sec. 29. Chief Finance and Logistics Officer. - The Chief Finance and
10 
Logistics Officer shall perform the following duties:
11 
a) Formulate and supervise the implementation of policies pertaining to
12 
procurement, fiscal management, auditing and accounting in support of
13 
the overall plan and strategic direction of the Bureau;
14 
b) Direct and manage ail the procurement activities of the Bureau;
15 
c) Implement sound fiscal policy;
16 
d) Supervise the preparation of the Annual Procurement Plan;
17 
e) Initiate projects in the furtherance of the improvement of the Bureau;
18 
f) Set performance targets of the Bureau in order to meet its objectives,
19 
plans and programs; and
20 
g) Perform such other tasks as may be directed by the Commissioner.
21 
Sec. 30. Chief Human Resource Management and Development Officer. - The
22 
Chief Fluman Resource Management and Development Officer shall perform the
23 
following duties:
24 
a) Develop and execute human resource strategies in support of the overall
25 
plan and strategic direction of the Bureau especially in the areas of
26 
selection, hiring and promotion;
27 
b) Design empioyee training modules;
28 
c) Develop comprehensive strategic recruiting and retention plans to meet
29 
the human capital of strategic goals;
30 
d) Set qualification standards and implement competency-based hiring and
31 
promotion policies;
15


1 
e) Oversee the recruitment, selection and promotion of employees of the
2 
Bureau;
3 
f) Set performance standards for the employees of the Bureau in order to
4 
meet its objectives, plans and programs; and
5 
g) Prepare and implement schemes to strengthen the relationship between
6 
management and employees.
7 
Sec. 31. Chief Immigration Regulation Officer. - The Chief Immigration
8 
Regulation Officer shall perform the following duties:
9 
a) Enforce immigration laws relation to the admission of aliens on primary
10 
inspection, as well as their exclusion, deportation and repatriation;
11 
sojourn, and those relating to administrative penalties against commercial
12 
sea vessels;
13 
b) Formulate plans and programs for the effective enforcement or
14 
immigration laws relating to the admission, sojourn and exit of alients;
15 
c) Establish policies for the effective surveillance, monitoring, and supervision
16 
of all Bay Service Operations of all commercial vessels while in Philippine
17 
territory;
18 
d) Oversee and supervise all Regional, District and Field Offices, and Border
19 
Crossing Checkpoints;
20 
e) Maintain administrative control over aliens admitted for limited periods by
21 
enforcing and implementing temporary visitors' visa extension policies for
22 
aliens;
23 
f) Assist the Commissioner in administering issuances of student visas,
24 
permits and other orders related thereto;
25 
g) Assist the Commissioner in the preparation of all orders pertaining to
26 
downgrading of visas, transfer, amendment, and correction of admission;
27 
h) Represent the Bureau in the enforcement of the RP-Indonesian Agreement
28 
the RP-Malaysian Anti-Smuggling Agreement, and other subsequent
29 
similar agreements; and
30 
i) Perform such other tasks as may be directed by the Commissioner.
16


1 
Sec. 32. Chief Information and Communications Technoiogy Officer. - The
2 
Chief Information and Communications Technology Officer shall perform the
3 
following duties:
4 
a) Formulate policies, plans and programs on management information
5 
systems, network, cybersecurity, and information and communications
6 
technology (ICT) resources of the bureau;
7 
b) Supervise the implementation of all the ICT projects of the Bureau;
8 
c) Review, evaluate and recommend for approval by the Commissioner the
9 
integration of all existing ICT systems of the Bureau;
10 
d) Initiate the conduct of ICT research, development and standardization;
11 
and,
12 
e) Perform such other tasks as may be directed by the Commissioner.
13 
Sec. 33. Chief Immigration Inteiiigence Officer. - The Chief Immigration
14 
Intelligence Officer shall perform the following duties:
15 
a) Develop plans and programs for the gathering and collating of intelligence
16 
objectives through effective management of all intelligence and counter-
17 
intelligence activities of the Bureau;
18 
b) Manage the conduct of intelligence and counter-intelligence activities of
19 
the Bureau;
20 
c) Serve as the linkage between foreign counterparts or embassies and the
21 
Bureau;
22 
d) Initiate development of intelligence training modules; and
23 
e) Perform such other tasks as may be directed by the Commissioner.
24 
Sec. 34. Chief Immigration Law Enforcement Officer. - The Chief Immigration
25 
Law Enforcement Officer shall perform the following duties:
26 
a) Develop plans and programs for effective law enforcement actions against
27 
foreign national who violate immigration laws, rules and regulations;
28 
b) Exercise command, control, direction, coordination and supervision of all
29 
law enforcement activities of the 
Bureau, such as the deployment of
30 
personnel in the implementation of the following:
31 
1) Mission Orders, after determination of the existence of probable
32 
cause for purpose of deportation
17


1 
2) Commitment or Release Orders
2 
3) Warrants of Deportation
3 
4) Orders to inspect the documents, premises and records of persons
4 
covered by this Act;
5 
c) Initiate the development of law enforcement training modules;
6 
d) Establish an effective monitoring tool for fugitives and undesirable
7 
foreigners; and
8 
e) Perform such other tasks as may be directed by the Commissioner.
9 
Sec. 35. Chief Legal Affairs Officer. - The Chief Legal Affairs Officer shall
10 
perform the following duties:
11 
a) Serve as the legal counsel of the Bureau, in coordination with the Office of
12 
the Solicitor General;
13 
b) Develop guidelines for the summary deportation of foreign nationals who
14 
are fugitives, overstaying, undocumented, or convicted of crimes involving
15 
moral turpitude or crimes where the penalty of deportation is imposed;
16 
c) Assign prosecutors for regular deportation proceedings;
17 
d) Implement deportation orders;
18 
e) Study contracts affecting the Bureau and submit recommendations to the
19 
Board relative thereto;
20 
f) Render legal opinion on matters arising from the administration and
21 
operation of the Bureau; 
and
22 
g) Perform such other tasks as may be directed by the Commissioner.
23 
Sec. 36. Chief Immigration Operations Officer. - The Chief Immigration
24 
Operations Officer shall perform the following duties:
25 
a) Formulate plans and programs for the effective and efficient immigration
26 
operations in all international airports and seaports;
27 
b) Oversee and supervise the immigration operations in all international
28 
airports and international seaports, including the conduct of arrival and
29 
departure formalities consistent with this Act and other applicable laws,
30 
rules and regulations;
18


1 
c) Implement Blacklist Orders, Hold Departure Orders, Monitor Orders, Travel
2 
Restriction Orders, Orders to Leave, Exclusion Orders, and other such
3 
orders issued by the Board or by the Commissioner;
4 
d) Ensure the compliance of all immigration personnel under the Operations
5 
Division with the Bureau's Quality Management System (QMS);
6 
e) Monitor admitted foreign temporary visitors who were referred for
7 
secondary or tertiary inspection;
8 
f) Initiate the development of immigration operations training modules; and
9 
g) Perform such other tasks as may be directed by the Commissioner.
10 
Sec. 37. Chief Planning and Research Officer. - The Chief Planning and
11 
Research Officer shail perform the foliowing duties:
12 
a) Formulate and implement the Bureau's programs, projects and processes
13 
for planning and research;
14 
b) Facilitate and organize strategic planning sessions for the entire Bureau;
15 
c) Conduct workload assessment and forecasting;
16 
d) Provide assistance to the Board in the implementation and establishment
17 
of a risk management process;
18 
e) Implement a monitoring feedback measurement and evaluation system for
19 
the implementation of all Bureau policies, projects and programs; and
20 
f) Represent the Board in meeting relating to planning and research.
21 
CHAPTER 8
22 
IMMIGRATION OFFICERS
23 
Sec. 38. Immigration Officers. - The Bureau shall employ an elite group of
24 
Immigration Officers who shall be assisted by Immigration Inspectors and
25 
Immigration Agents in the performance of their duties and functions. No person shall
26 
be appointed to the position of Immigration Officer, Immigration Inspector or
27 
Immigration Agent unless such person meets the qualification standards set by the
28 
Bureau and approved by the Civil Service Commission.
29 
The following determinative factors shall be included in setting the
30 
qualification standards for each position:
31 
a) Educational Attainment
32 
b) Civil Service Eligibility
19


1 
c) Relevant Experience
2 
d) Training (Basic, Advanced or Executive)
3 
e) Agility
4 
Sec. 39. Powers and Functions of Immigration Officers. - The Immigration
5 
Officers shall have the following powers and functions:
6 
a) Examine, with the assistance and advice of medical authorities in
7 
appropriate cases, foreign nationals at the port of entry concerning their
8 
admissibility to enter and their qualifications to remain in the Philippines;
9 
b) Exclude foreign nationals not properly documented, and to admit foreign
10 
nationals complying with the applicable provisions of immigration and
11 
related laws;
12 
c) Administer oaths in connection with the performance of their duties, as
13 
may be authorized by the Board;
14 
d) Search for foreign nationals on any vessel believed to be used to illegally
15 
bring foreign nationals into the Philippines, and to take into custody
16 
without warranty any foreign national who, in the presence or view of the
17 
Immigration Officer, is entering or is about to enter the Philippines in
18 
violation of immigration and related laws, rules and regulations;
19 
e) Act as control personnel with authority to prevent the departure of
20 
passengers who do not comply with duly published departure
21 
requirements;
22 
f) Detect and report violations of the immigration and alien registration laws
23 
and, in appropriate cases, take necessary actions upon the instructions of
24 
the Commissioner, including follow-up on the stay of non-immigrants to
25 
prevent overstaying;
26 
g) Detect and report subversive activities of aliens in the interest of national
27 
security;
28 
h) Investigate any case at the instance of the Commissioner and submit the
29 
required reports;
30 
i) Report on the activities of aliens inimical to national interest with a view to
31 
taking appropriate action in accordance with law;
20


1 
j) Locate and conduct surveillance against foreign nationals in violation of
2 
immigration laws, rules and regulations;
3 
k) Provide actionable operational, tactical and strategic intelligence to the
4 
operating units;
5 
I) Conduct case build up, analysis and other in-depth research, as well as
6 
provide analytical reports on foreign nationals who violate or are in
7 
violation of immigration laws, rules and regulations;
8 
m) Coordinate with other local and international law enforcement agencies in
9 
the gathering of intelligence information related to immigration law
10 
violations;
11 
n) Conduct counter-intelligence operations;
12 
o) Enforce lawful orders relation to the exclusion, deportation and
13 
repatriation of aliens;
14 
p) Take charge of the physical detention of aliens pending their exclusion,
15 
deportation or repatriation;
16 
q) Attend to the deportation of aliens;
17 
r) Monitor all arriving and departing suspected terrorists, drug couriers or
18 
members of crime syndicates;
19 
s) Assist and escort deportees, excluded passengers and transiting restricted
20 
passengers until finally boarded;
21 
t) Investigate and escort from ports of entry intercepted passengers who are
22 
found in possession of spurious travel documents;
23 
u) Implement Warrants of Deportation (WOD) and Mission Orders involving
24 
foreign nationals who violate or are in violation of immigration laws, rules
25 
and regulations; and
26 
v) Perform such other functions as may be assigned by the Commissioner
27 
from time to time.
28 
Qualified Immigration Officers, Immigration Inspectors and Immigration
29 
Agents with the requisite training and experience may be assigned to the
30 
Intelligence, Law Enforcement, Alien Registration, Immigration Regulation, and
31 
Operations Divisions depending on the exigencies of the Bureau. The Board may, in
32 
the exigencies of service, designate certain duties and responsibilities listed in this
21


1 
section to other ofRcers and employees in the Intelligence or Law Enforcement
2 
Divisions in an acting capacity: Provided, That such designation shall not exceed a
3 
period of one (1) year.
4 
Sec. 40. Deployment of Immigration Personnel Abroad. - Within ninety (90)
5 
days from the effectivity of this Act, the Department of Foreign Affairs (DFA) and the
6 
Bureau shall promulgate the implementing rules and regulations on the assignment
7 
and deployment of Immigration Officers to select consular posts abroad who shall,
8 
subject to the pertinent provisions of Republic Act No. 7157 or the "Philippine
9 
Foreign Service Act of 1991" perform immigration duties, except diplomatic and
10 
consular functions.
11 
CHAPTER 9
12 
CAREER DEVELOPMENT PATTERN
13 
Sec. 41. Career Development - The Bureau shall:
14 
a) Establish and strengthen the Philippine Immigration Academy which shall
15 
be under the control and supervision of the Commissioner;
16 
b) Create a continuing program to enhance the knowledge, skills and
17 
competence of all personnel through a career advancement training and
18 
education prior to their promotion; and
19 
c) Formulate training requirements to implement the provisions of this Title.
20 
CHAPTER 10
21 
OTHER OFFICES
22 
Sec. 42. Changes in the Composition, Distribution and Assignment of Regional
23 
District and Field Offices. - The Commissioner may make changes in the
24 
composition, distribution and assignment of regional, district and field offices, as well
25 
as its personnel, based on the demographics of foreign nationals and as the
26 
exigency of the service requires, subject to civil service rules and regulations.
27 
Sec. 43. Border Control Checkpoints. - In addition to international airports
28 
and international seaports, there shall be established Border Control Checkpoints
29 
which shall be manned by Immigration Officers appointed as Border Control Officers
30 
by the Commissioner. The Border Control Checkpoints shall be placed in specific
31 
areas in the Philippines which shall be determined by the Board. Border Control
32 
Officers shall perform the following functions:
22


1 
a) Conduct immigration formalities to foreigners passing through their areas
2 
of responsibility;
3 
b) Enforce immigration laws, rules and regulations;
4 
c) Coordinate with other law enforcement agencies in the enforcement of
5 
immigration laws, rules, and regulations;
6 
d) Apprehend and take into custody illegal entrants; and
7 
e) Perform such other functions as may be directed by the Commissioner.
8 
TITLE III
9 
IMMIGRATION
10 
CHAPTER 1
11 
NON-IMMIGRANTS
12 
Sec. 44. Categories of Non-immigrants and Types of Visa Issued. - Foreign
13 
nationals departing from any place outside the Philippines who are otherwise
14 
admissible and who qualify under any one of the following categories may be
15 
admitted as non-immigrants:
16 
a) Temporary visitors (A Visas): Visitors coming to the Philippines for a
17 
temporary period for reasons of business, pleasure or health:
18 
1) Business (A-1 Visa): Temporary visitors engaged in activities of
19 
a commercial of professional nature for a foreign employer or
20 
for themselves that will not result in gainful employment in the
21 
Philippines. As used herein, the term "business" refers to
22 
conventions, conferences, consultations and other legitimate
23 
activities of a commercial or a professional nature, but does not
24 
include local employment or labor for hire;
25 
2) Pleasure (A-2 Visa): Temporary visitors who stay in the
26 
Philippines for holiday, including sightseeing, recreation or
27 
visiting relatives; and
28 
3) Health (A-3 Visa): Temporary visitors who stay in the Philippines
29 
to avail of medical treatment.
30 
b) Transit Persons (B Visa): Persons passing through the Philippines solely for
31 
a "stop over" who have confirmed connecting flight to another country or
23


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21 
22
23
24
25
26
27
28
29
30
31
32
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 granted a D-1 visa. 
Citizens from a country that has an investor treaty with the Philippines, 
inciuding their family members, and who come to work in the Philippines 
for a business they own or one that is at least fifty perent (50%) owned 
by nationals of their home country shall be granted a D-2 visa;
e) Accredited Foreign Government Officials, Their Families and Household 
Member (E Visa): Foreign government officials, their families and 
household members coming to the country for official purpose, pursuant 
to international conventions and bilateral agreements, shall be granted E 
Visas into four (4) types, namely:
1) Persons eligible for E-1 Visa: The E-1 Visa shall be issued to the 
following classes of foreign nationals:
i) Heads of State and/or Heads of Government and their 
personal representatives;
ii) Members of reigning royal families from countries 
recognized by the Philippine Government;
iii) Governors-General, Governors, and High Commissioners of 
dependent territories and their personal representatives;
iv) Cabinet ministers and their deputies, and officials with 
cabinet rank of ministers;
v) Presiding officers of national legislative bodies;
24


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31
vi) Justices or judges of the highest national judicial bodies;
vii) Diplomats and career consular officials on foreign 
assignment in the Philippines;
viii) Military, naval, air and other attaches assigned to a 
diplomatic mission; and
ix) Accompanying spouses and unmarried dependents of 
foreigners within the above mentioned categories;
2) Persons eligible for E-2 Visa: The E-2 Visa shall be issued to an 
official of a foreign government recognized by the Philippines and 
who is a national of the country whose government he represents, 
and is proceeding to the Philippines on a long-term basis in 
connection with official business for such foreign official's 
government.
This category includes, inter alia, the following classes of foreign 
nationals:
a) Administrative and technical members of the staff of a 
diplomatic or consular mission;
b) Officials participating in programs under the auspices of the 
Philippine Government or recognized international 
institutions; and
c) Accompanying spouses and unmarried dependents of 
foreigners within the abovementioned categories;
3) Persons eligible for E-3 Visa: The E-3 Visa shall be issued to an 
official of a foreign government recognized by the Philippines, is a 
national of the country whose government he represents, and is 
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:
a) Diplomatic couriers regularly and professionally employed as 
such;
25


1 
b) All members of official special missions of a diplomatic
2 
character;
3 
c) Members of delegations proceeding to or from an
4 
international conference of a diplomatic or official nature;
5 
and
6 
d) Such other officials going to the Philippines on diplomatic or
7 
official missions;
8 
4) Persons eligible for E-4 Visa: The E-4 Visa shall be issued to the
9 
private employees and household members of persons to whom E-1
10 
and E-2 Visas have been granted, as well as their immediate
11 
dependents;
12 
All visas enumerated in Section 44(e) of this Act shall be exclusively issued
13 
and renewed by the DFA, which shall also determine the type of E-Visa of Foreign
14 
Government Officials not identified in the foregoing lists. The grant of immunities
15 
and privileges shall be subject to applicable domestic and international law and
16 
international agreements to which the Philippines is a party, as well as in
17 
consideration of the principle of reciprocity.
18 
f) Students (F Visa): International students who can demonstrate means
19 
sufficient for their support and education in the Philippines who seek to
20 
enter the Philippines temporarily for the primary purpose of studying or
21 
taking partial studies in eligible courses or degree programs in a
22 
university, seminary, academy or college recognized to offer such higher
23 
education programs by CHED and other authorities pursuant to law and
24 
accredited to admit such international students by the CHED in
25 
coordination with BI. The international student's area of study may relate
26 
to the following fields/scope:
27 
1) Full degree
28 
2) Exchange of short-term mobility
29 
3) Internship/co-op education
30 
4) Certificates/diploma/qualifications
31 
5) Immersion/service learning/social engagement
32 
6) Research and/or graduate studies
26


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21 
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26
27
28
29
30
7) Study, work, holiday pursuant to trade agreements
8) Cultural exchange
9) Language training program
10) Such other education or training-related activities undertaken 
pursuant to acquiring certification, diploma, credit recognition, 
degree or qualification.
g) Prearranged Employment (G Visa): Foreign nationals coming to the 
Philippines on prearranged employment, including their family members 
accompanying or following to join them within the period of their 
employment. This category includes intra-company transferees, 
professionals, performing artists, athletes, and cultural exchange workers 
under a work exchange program;
h) Religious Workers (H Visa): Duly 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;
i) Representatives of Accredited International Organizations and Government 
Agencies (I Visa): Foreign officials and staff of accredited international 
organizations, including their dependent family members, staff, and 
household members shall be granted I Visas divided into four (4) types, 
namely:
1) Persons eligible for I-l Visa: The I-l Visa shall be issued to the 
principal officials of accredited international organizations, as well as 
their accompanying spouses and dependents;
2) Persons eligible for 1-2 Visa: The 1-2 visa shall be issued to the other 
officials and staff of accredited international organizations, as well as 
their accompanying spouses and dependents;
27


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32
3) Persons eligible for 1-3 Visa: The 1-3 visa shall be issue to officials and 
staff of international organizations who will perform short-term official 
work with the international organization upon its invitation; and
4) Persons eligible for 1-4 Visa: The 1-4 Visa shall be issued to the private 
employees and household members of persons to whom E-1 and E-2 
visas have been granted, as well as their immediate dependents. 
Accredited international organization includes any public international
organization engaged in activities of which the Philippines participates 
pursuant to any treaty or under the authority of any act of the Congress of 
the Philippines authorizing such participation or making an appropriation for 
such participation and such other international organizations, institutions, 
agencies, programs, foundations and 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 Section 44(i) of this Act shall be exclusively 
issued and renewed by the DFA, which shall also determine the type of I Visa 
of officials and staff of international organizations that are not identified in the 
foregoing list. The grant of immunities and privileges shall be subject to 
applicable domestic and international law, relevant Headquarters Agreements, 
and international agreements to which the Philippines is a party.
j) Media workers (J Visa): Foreign media personnel or correspondents, duly 
accredited by the government agency concerned, who are bona fide 
representatives of a foreign press, radio, satellite, television, film, or other 
information media, and are coming to the Philippines solely to engage in 
gathering information principally for dissemination abroad, including their 
family members accompanying or following to join them during the period 
of the assignment in the Philippines;
k) Exchange Visitors (K Visa): Foreign nationals entering the Philippines to 
teach, study, observe, conduct research or receive training in a specific 
Exchange Visitor Program duly approved by the Philippine Government;
l) Refugees (L-1 Visa) and Stateless Persons (L-2 Visa): Refugees as defined 
in the this Act in the 1951 Convention Relating to the Status of Refugees
28


1 
and its 1967 Protocol shall be issued L-1 Visas. Stateless persons, whose
2 
admission or humanitarian reasons and not inimical to public interest has
3 
been approved by the Secretary of Justice or the President in such cases
4 
and under such conditions as they may prescribe, shall be issued L-2
5 
Visas;
6 
m) Bridging Visa (M Visa): A temporary visa which allows a foreign national to
7 
stay in the Philippines after the expiration of the current visa, other than
8 
temporary visitor visa under Section 44(a), and while an application for
9 
adjustment of status is being processed.
10 
n) Startup Visa (N Visa): Visa issued by the DFA pursuant to Sec. 13, Chapter
11 
3 of Republic Act No. 11337, otherwise known as the "Innovative Startup
12 
Act", which includes the Startup Owner Visa (N-1 Visa), Startup Employee
13 
Visa (N-2 Visa) and Startup Investor Visa (N-3 Visa)
14 
o) Special Non-Immigrants (0 Visas): Such other foreign nationals including
15 
their family members who may be admitted as non-immigrants under
16 
special laws or foreign nationals not otherwise provided for by this Act
17 
who are coming for temporary periods only, and whose admission is
18 
authorized by the Board or the President in the interest of the public or for
19 
humanitarian considerations under such conditions as may be prescribed.
20 
All other agencies and offices other than the DFA authorized to issue visas
21 
in accordance with existing laws shall be subject to reportorial
22 
requirements as prescribed by the Board. The Board shall likewise
23 
prescribe penalties for violations thereof.
24 
CHAPTER 2
25 
IMMIGRANTS
26 
Sec. 45. Quota Immigrants. - Subject to the conditions set forth in this Act,
27 
there may be admitted into the Philippines, immigrants, otherwise known as "quota
28 
immigrant^', not to exceed two hundred (200) of any one nationality for any one
29 
calendar year, based on immigration reciprocity and upon allotment by the
30 
Commissioner of the corresponding quota number. In the allotment of quota
31 
numbers, the following order of preference shall be observed:
29


1 
a) First Preference: Those whose service and qualifications show high
2 
educational attainment, technical training, specialized experience, or
3 
exceptional ability in the sciences, arts, professions, or business as would
4 
reasonably enhance and contribute substantial benefits prospectively to
5 
the national economy, or cultural or educational interests or welfare of the
6 
Philippines, including their family members, accompanying or following to
7 
join them, who shall likewise be allotted individual quota numbers;
8 
b) Second Preference: Parents of a naturalized Philippine citizen;
9 
c) Third Preference: Spouses or minor children of foreign nationals who are
10 
lawful permanent residents of the Philippines; and
11 
d) Fourth Preference: Parents of foreign nationals who are lawful permanent
12 
residents of the Philippines.
13 
Sec. 46. Allotment of Quota. - The Commissioner shall, with respect to the first
14 
preference, allot not more than fifty percent (50%) of the annual quota allotment up
15 
to the end of June each year: Provided, That if the fifty percent (50%) allotment for
16 
one nationality is not utilized by the first preference, the balance thereof shall be
17 
given to the second, third, and fourth preferences for the same nationality in
18 
accordance with the preceding Section. Any unused quota allotment for a calendar
19 
year shall not be carried over and utilized for the ensuing calendar year.
20 
Sec. 47. Basis in Determination of Quota Allotment - The nationality of
21 
immigrants whose admission is subject to the numerical limitation imposed by
22 
Section 45 of this Act shall be that of the country of which the immigrant is a
23 
national or a citizen. The nationality of immigrants possessing dual nationality may
24 
be that of either of the two countries regarding them as a national or citizen if they
25 
apply for a visa in a third country. If such immigrants apply for a visa within one of
26 
the two countries regarding them as a national or citizen, their nationality shall be
27 
that of the country in which they filed their application for a visa to enter the
28 
Phiiippines.
29 
Sec. 48. Non-Quota Immigrants. - The foliowing immigrants, known as "non-
30 
quota immigrantd', may be admitted without regard to numerical limitation and
31 
immigration reciprocity:
30


1 
a) The spouse of a Philippine citizen: Provided, That abandonment by the
2 
foreign spouse, the failure to give support by the foreign spouse to the
3 
Filipino spouse and family, and the legal separation or termination of the
4 
marital status by annulment, declaration of nullity of marriage or divorce
5 
where the cause is attributable to the foreign spouse, shall constitute
6 
grounds for cancellation of the immigrant visa issued to the foreign
7 
spouse;
8 
b) A person of Filipino descent regardless of generation;
9 
c) A child born to a foreign mother during her temporary visit abroad, the
10 
mother being a lawful permanent resident of the Philippines, if
11 
accompanied by or coming to join the mother who applies for admission
12 
within five (5) years from the birth of the child;
13 
d) A child born subsequent to the issuance of an immigrant visa to the
14 
accompanying parent, the visa not having expired or revoked;
15 
e) A foreign national who had been previously lawfully admitted into the
16 
Philippines for permanent residence, who is returning from a temporary
17 
visit abroad to an unrelinquished residence in the Philippines;
18 
f) A natural-born citizen who becomes a naturalized citizen of a foreign
19 
country and is returning to the Philippines for permanent residence
20 
therein, including the spouse and minor children accompanying or
21 
following to join such person; and
22 
g) Spouse, parent, children, legitimate siblings of a foreign national who is
23 
gainfully employed and holder of a permanent resident status for a period
24 
of seven (7) years.
25 
CHAPTER 3
26 
NATIVE-BORN FOREIGN NATIONAL
27 
Sec. 49. Status of Children Born to Immigrants. - A child born in the
28 
Philippines to parents who are foreign nationals and lawful residents of the
29 
Philippines shall be deemed a native-born permanent resident.
30 
Sec. 50. Status of Children Born to Non-immigrants. - A child born to parents
31 
who are both non-immigrants shall be deemed a native-born non-immigrant or
32 
temporary resident and may remain in the Philippines only during the period of
31


1 
authorized stay of the parents, unless the child reaches the age of eighteen (18)
2 
years while continuously residing in the Philippines, in which case such child may
3 
apply for naturalization under existing laws or for an appropriate visa.
4 
CHAPTER 4
5 
ADJUSTMENT OF STATUS
6 
Sec. 51. Conditions for Adjustment of Status of Foreign Nationais. - The
7 
status of a foreign national admitted into the Philippines as non-immigrant may be
8 
adjusted by the Board to that of a foreigner lawfully admitted as a permanent
9 
resident if:
10 
a) the foreigner makes an application for such adjustment
11 
b) the foreigner is eligible to receive a quota or non-quota immigrant visa
12 
and is admissible to the Philippines as a permanent resident; and
13 
c) a quota immigrant visa is immediately available to the foreign national at
14 
the time of application, without the need of first departing from the
15 
Philippines.
16 
In all such cases, the personal appearance of the foreigner shall be required
17 
during the consideration of the application.
18 
Sec. 52. Effect of Approvai on Appiication for Adjustment - Upon the approval
19 
of an application for adjustment of status under the preceding section, the
20 
Commissioner shall record the foreign national's lawful admission as a permanent
21 
resident as of the date of the approval of the application and shall be included as
22 
part of the quota for the calendar year in accordance with Section 45 of this Act.
23 
Sec. 53. Adjustment of Status, When Not Mowed. - Adjustment of status
24 
under this Act shall not be applicable to:
25 
a) a foreign national who has violated or is in violation of immigration laws,
26 
rules and regulations, unless the violation is without the fault of the
27 
foreign national or for purely technical reasons; and
28 
b) transients.
29 
Sec. 54. Loss of Status. - A registered foreign national, except a temporary
30 
visitor, who fails to return to the Philippines within a period of one (1) year from
31 
departure shall lose the status granted under this Act. Such foreign national may
32 
apply for an extension of the period within which to return prior to its expiration and
32


1 
pay the prescribed fees and charges in order to maintain the status or type of visa
2 
granted.
3 
CHAPTER 5
4 
DOCUMENTATION AND ADMISSION OF NON-IMMIGRANTS
5 
Sec. 55. Documentary Requirements of Non-immigrants. - Non-immigrants
6 
must present for admission into the Philippines valid passports issued by the
7 
governments of the countries to which they owe allegiance or other travel
8 
documents showing nationality and identity as prescribed by regulations, a valid visa
9 
granted by the Consular Officer, if required, and such other relevant documents as
10 
may be required under existing laws, rules, regulations, or multilateral or bilateral
11 
agreements.
12 
Sec. 56. Conditions and Period of Authorized Stay of Temporary Visitors. -
13 
The initial period of authorized stay of a foreign national admitted as a temporary
14 
visitor under Section 44(a) of this Act shall not exceed fifty-nine (59) calendar days
15 
from the date of arrival, subject to bilateral, regional and multilateral visa
16 
agreements entered into by the Philippines: Provided, That the conditions for
17 
extensions and total period of authorized stay 
shall be prescribed by the
18 
Commissioner: Provided, further, That during the foreign national's authorized stay:
19 
(a) he shall not take any employment, whether paid or unpaid; (b) he shall not
20 
establish or join in any business; or (c) he shall not e n d and become a student at a
21 
school, college, university, academy, or other educational institution, unless he is
22 
granted, upon proper application, a conversion to another immigration status
23 
provided under this Act.
24 
Sec. 57. Conditions for Issuance of Pre-Arranged Employment Visas. - A
25 
foreign national who is coming to the Philippines for prearranged employment shall
26 
not be issued a non-immigrant visa referred to in Section 44(g) of this Act until the
27 
Consular Officer shall have received authorization for the issuance of the same. Such
28 
authorization shall be given only upon the filing 
of a petition with the Board
29 
establishing, among others, that no person can be found in the Philippines willing
30 
and competent to perform the work or service for which the foreign national is
31 
desired and that the admission would be beneficial to the public interest. The
33


1 
petition shall be made under oath by the prospective employer or the latter's
2 
representative in the form and manner prescribed by the Board.
3 
If the Board finds that the petition complies with the requirements of the
4 
preceding paragraph and of other regulations, it shall grant the petition and shall
5 
promptly transmit the authorization to the DFA.
6 
Sec. 58. Submission of Crew List and Passenger Manifest - Simultaneous to
7 
the vessel's departure from the port of origin, the master, captain, agent, owner, or
8 
consignee of any commercial vessel arriving to the Philippines shall submit to the
9 
Bureau, within a reasonable time prior to such arrival, the crew lists, passenger
10 
manifests and such other information concerning the persons arriving on such
11 
vessel. In the same manner and condition, the master, captain, agent, owner or
12 
consignee of any commercial vessel departing from any port in the Philippines shall
13 
submit to the Bureau, within a reasonable time prior to such departure, the crew list,
14 
passenger manifest and such other information concerning the persons departing on
15 
such vessel. The crew list of an incoming sea craft shall contain the appropriate visa
16 
granted by the Consular Officer.
17 
Sec. 59, Inspection of Crewmembers. - It shall be the duty of the master,
18 
captain, agent, owner, or consignee of any vessel arriving in the Philippines to have
19 
available on board, for inspection by Immigration Officers, any foreign crewmember
20 
employed on such vessel and, when required by immigration authorities, to detain
21 
such crewmember on board after inspection or to remove such crewmember. No
22 
crewmember on board such vessel shall be discharged while the vessel is in port
23 
without the permission of the Commissioner.
24 
Sec. 60. Permission for Temporary Landing of a Foreign Crewmember. - A
25 
foreign crewmember on a vessel arriving in the Philippines may be permitted to land
26 
temporarily under such conditions as shall be prescribed by the Commissioner. All
27 
expenses incurred by the Bureau while crewmember is on land shall be borne by the
28 
master, captain, agent, owner, or consignee of the carrying vessel.
29 
CHAPTER 6
30 
DOCUMENTATION AND ADMISSION OF IMMIGRANTS
31 
Sec. 61. Documentary Requirements of Immigrants; Instances When Not
32 
Required. - Immigrants must present for admission into the Philippines valid
34


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
32
b)
C)
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 
shall not be required of the following:
a) A child born subsequent to the issuance of a valid immigrant visa to the 
accompanying parent;
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
A foreign national who is returning to an unrelinquished lawful 
permanent residence in the Philippines after a temporary residence 
abroad and presents for admission a valid re-entry permit.
CHAPTER 7 
VISA ISSUANCE
Sec. 62. 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, such 
foreign national is found to be inadmissible under this Act or any other law.
Sec. 63. Visa Poiicy. - 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.
Sec. 64. Visa Issuance Abroad. - All visa issuances 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 shail 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
35


1 
b) The DFA, through its Consular Offices abroad or the Office of the Visa
2 
Director shall approve the issuance on non-quota immigrant and non-
3 
immigrant visas to a foreign national who has made a proper application
4 
therefor.
5 
The Issuance of special non-immigrant visas falling under the jurisdiction of a
6 
particular government office or agency can only be done in coordination with and
7 
upon recommendation of the government agency or office concerned.
8 
Sec. 65. Requirements for Physical and Mental Examination Prior to Issuance
9 
of Immigrant Visa. - Prior to the issuance of an immigrant visa to any foreign
10 
national, the Consular Officer shall require such person to submit to a physical and
11 
mental examination in accordance with such regulations as may be prescribed by the
12 
Commissioner.
13 
Sec. 66. Visa Validity Period. - A single-entry non-immigrant or immigrant
14 
visa issued by a Consular Officer abroad pursuant to Section 64 of this Act shall be
15 
valid for a period not exceeding three (3) months: Provided, That in prescribing the
16 
validity of a period of a single-entry non-immigrant visa, the Consular Officer may
17 
allow a longer validity period based on reciprocity as accorded by the foreign country
18 
to citizens of the Philippines who are within a similar class.
19 
An immigrant visa may be replaced under the original number during the
20 
calendar year in which the original visa was issued to a foreign national who
21 
establishes to the satisfaction of the Consular Officer that the original immigrant visa
22 
was not used during the period of its validity for reasons beyond the visa holder's
23 
control: Provided, That the foreign national is found by the Consular Officer to be
24 
eligible for another immigrant visa and has paid all the required fees.
25 
Sec. 67. Denial of Visa, Grounds. - The consular officer may deny the
26 
application for visa if it appears from the statements in the application or in the
27 
documents submitted the applicant is not eligible for a visa under this Act, or if the
28 
applicant fails to comply with the requirements of any of the provisions of this Act.
29 
Sec. 68. Revocation of Visa issued by Consular Officer. - The Commissioner
30 
may, for valid cause and upon confirmation by the DFA, revoke a visa issued by any
31 
Consular Officer. If the notice of revocation is not received and the visa holder
32 
applies for admission into the Philippines, the admission or entry of the foreign
36


1 
national shall be determined by the Immigration Officer upon his arrival at the port
2 
of entry.
3 
CHAPTER 8
4 
RE-ENTRY AND EMIGRATION CLEARANCE
5 
Sec. 69. Re-entry. - In all instances when a registered foreign national,
6 
except a temporary visitor, departs or is about to depart temporarily from the
7 
Philippines with the intention to return within one (1) year from departure, the
8 
foreign national must secure a re-entry permit or, if the authorized stay is less than
9 
one (1) year, a Special Return Certificate, and pay the corresponding fees and
10 
charges therefor.
11 
Sec. 70. Emigration Ciearance. - A registered foreign national who departs
12 
permanently from the Philippines shall surrender all Philippine immigration
13 
documents and apply for and be issued an Emigration Clearance Certificate, subject
14 
to the following conditions:
15 
a) The immigrant has no pending obligation with the government or any of
16 
its agencies or instrumentalities;
17 
b) The immigrant has no pending criminal, civil, or administrative proceeding
18 
which requires continued presence in the country; and
19 
c) There is no ongoing legislative inquiry where the immigrant is called upon
20 
to testify as a witness.
21 
A temporary visitor departing from the Philippines shall, after the expiration of
22 
the initial authorized stay, apply for emigration clearance and pay the prescribed
23 
fees and charges therefor.
24 
CHAPTER 9
25 
PRESIDENTIAL PREROGATIVES
26 
Sec. 71. Presidential Prerogatives. - Any provision of this Act to the contrary
27 
notwithstanding, the President may:
28 
a) Deny the entry and admission into the Philippines of, or impose such
29 
restrictions as may be deemed appropriate on, any foreign national or a
30 
class of foreign nationals, whenever the President finds that such entry
31 
would be detrimental to the interest of the Philippines;
37


1 
b) Waive passport or documentary requirements for non-immigrants and
2 
immigrants under such terms and conditions as may be prescribed;
3 
c) Change the status of non-immigrants by allowing them to acquire
4 
permanent residence status without necessity of a visa;
5 
d) Deport any foreign national, subject to the requirement of due process;
6 
e) Admit non-immigrants not otherwise provided for in this Act for
7 
humanitarian consideration and when not detrimental to public interest,
8 
under such terms and conditions as may be prescribed;
9 
f) Prohibit the departure from the Philippines of any person who is likely to
10 
disclose information affecting national security, or who is likely to organize
11 
a rebellion abroad against the Philippines, or whose presence in the
12 
country is necessary to face, or be a witness in, criminal proceedings; and
13 
g) Exercise, with respect to foreign nationals in the Philippines, such powers
14 
as are recognized by the generally accepted principles of international law.
15 
TITLE IV
16 
PROVISIONS RELATING TO ENTRY
17 
CHAPTER 1
18 
CLASSIFICATION OF PORTS OF ENTRY
19 
Sec. 72. Authority to Classify Ports. - The Commissioner shall classify and
20 
designate, from among the ports of entry established by law for immigration
21 
purposes, limited or unlimited ports of entry through which foreign nationals may be
22 
admitted into the Philippines. Only such classes of foreign nationals as provided
23 
under the rules and regulations prescribed by the Commissioner may be admitted at
24 
limited ports of entry. The Commissioner may, after due notice to the public, close
25 
designated ports of entry in the interest of national security or public safety.
26 
CHAPTER 2
27 
PROCEDURES ON ARRIVAL
28 
Sec. 73. Inspection by Immigration Personnel. - A foreign national seeking
29 
admission or readmission shall present a valid passport and visa, if required, to the
30 
Immigration Officer at the port of entry and shali be subject to primary inspection.
31 
The decision of the examining Immigration Officer, if favorable to the admission of
32 
any foreigner, may be challenged by another Immigration Officer on any ground
38


1 
provided in this Act. The final determination on the admissibility of such foreign
2 
national shall be determined by the Commissioner within forty-eight (48) hours in
3 
case no resolution is reached between the Immigration Officers on the challenged
4 
admission. In case of admission, the Immigration Officer shall indicate in the
5 
passport the date, the port of entry and the identity of the vessel boarded.
6 
Sec. 74. Detention or Quarantine for Examination. - For the purpose of
7 
determining whether a foreign national arriving at any port in the Philippines belongs
8 
to any of the classes excludable under this Act by reason of being afflicted with any
9 
of the contagious or communicable disease or mental disorder as set forth under
10 
Section 84(a) of this Act or whenever the Commissioner has received information
11 
showing that foreigners are coming from a country or a place where any of such
12 
diseases are prevalent or widespread, the foreigner shall be detained or quarantined
13 
for a reasonable period of time to enable the immigration and medical officers to
14 
subject such person to observation and examination.
15 
Sec. 75. Medicai Examination Requirement - Any arriving foreign national
16 
whom the examining Immigration Officer believes to belong under the class of
17 
excludable foreign nationals specified in Section 84(a) of this Act shall be referred to
18 
designated medical officers for physical and mental examination. Such medical
19 
officer shall certify the findings of the examination for the information of the
20 
Immigration Officer.
21 
Sec. 76. Arrivai Notice Requirements of Vessel. - The immigration authorities
22 
shall be given prior notice of the arrival of any civilian vessel before such vessel
23 
comes into any area in the Philippines from any place outside thereof. Such prior
24 
notice shall not be required in the case of vessels with scheduled arrivals filed with
25 
the Immigration Officer in charge at the international port of entry.
26 
If, upon arrival in any area other than the designated port and there is no
27 
available Immigration Officer therein, the master, pilot, captain, agent or consignee
28 
shall not allow the passengers and crew members to disembark or leave the primacy
29 
inspection area until the Immigration Officer shall have conducted the primary
30 
inspection formalities.
31 
CHAPTER 3
32 
FOREIGN CREWMEMBER
39


1 
Sec. 77. Conditional Permit to Disembark. - A foreign crewmember of a vessel
2 
under Section 44 (c) of this Act may be granted a conditional permit, in a form
3 
prescribed by regulations, to disembark temporarily from the vessel on which such
4 
crewmember arrived while the vessel remains in port under such terms and
5 
conditions as may be prescribed by the Commissioner.
6 
Sec. 78. Confiscation and Cancellation of Permit; Deportation from the
7 
Philippines. - Upon the determination that the foreign national is not a bona fide
8 
crewmember or does not intend to depart on the vessel that brought him, the
9 
Commissioner shall cancel and confiscate the conditional permit already issued, take
10 
such foreign national into custody, and require the owner, operator, captain, master,
11 
pilot, agent, or consignee of the vessel on which the foreign national arrived to
12 
receive and detain him on board. The expenses for removal of the foreign national,
13 
including the cost of detention and other expenses incidental thereto, shall be borne
14 
by the owner, operator, captain, master, pilot, agent or consignee of such vessel.
15 
Sec. 79. Liability for Overstaying Foreign Crewmen. - A foreign crewmember
16 
who remains in 
the Philippines more than the period allowed in the conditional
17 
permit issued to him shall be solidarity liable with owner, operator, captain, master,
18 
pilot, agent or consignee of the vessel to pay the penalties prescribed in Section 124
19 
of this Act.
20 
Sec. 80. Liability for Unauthorized Discharge of Foreign Crewmember. - It
21 
shall be unlawful for any person, including the owner, operator, captain, master,
22 
pilot, agent or consignee of any vessel to discharge any foreign crewmember
23 
employed by a 
vessel arriving in the Philippines and while in port, without first
24 
obtaining the prior permission of the 
Commissioner. Otherwise, such person or
25 
owner, operator, captain, master, pilot, agent or consignee of the vessel shall pay
26 
such fines as may be prescribed under this Act. No vessel shall be granted clearance
27 
form any port in the Philippines while such fines remain unpaid or while the validity
28 
thereof is being determined: Provided, That a clearance may be granted prior to
29 
such determination upon deposit of a sum or cash bond sufficient to cover such fines
30 
as approved by the Commissioner.
31 
Sec. 81. Duty to Report Desertion or Illegal Landing of Foreign Crewmember.
32 
- The owner, operator, captain, master, pilot, agent or consignee of any vessel shall
40


1 
immediately report, in writing, to the Immigration Officer all cases of desertion or
2 
illegal disembarkation in the Philippines from the vessel, together with a description
3 
of such foreign national and any information that shall result in their apprehension.
4 
Sec. 82. Requirement for Submission of List of Newiy Empioyed, Discharged
5 
and IHegaiiy Landed Foreign Crewmember. - Prior to the departure of any vessel
6 
from the last port in the Phiiippines destined to any place outside thereof, the
7 
owner, operator, captain, master, pilot, agent or consignee thereof shall deliver to
8 
the Immigration Officer at that port a list containing:
9 
a) The names of crewmembers who were not employed thereon at the time
10 
of the vessel's arrival on such port but will depart thereat on the same
11 
vessel;
12 
b) The names of those who have been discharged, if any;
13 
c) The names of those who have deserted or illegally landed at that port, if
14 
any; and
15 
d) Such other additional information as the Commissioner deems necessary.
16 
Sec. 83. Liability for Failure to Submit Complete, True and Correct Report. -
17 
The owner, operator, captain, master, pilot, agent, or consignee who fails to submit
18 
a true and complete list or report of foreign nationals or to report cases of desertion
19 
or illegal landing shall pay such sum as may be prescribed under Section 121 of this
20 
Act. No vessel shall be granted clearance from any port in the Philippines while such
21 
fine remains unpaid or white the validity thereof is being determined: Provided, That
22 
clearance may be granted prior to such determination upon deposit of a sum or cash
23 
bond sufficient to cover such fines as approved by the Commissioner.
24 
CHAPTER 4
25 
EXCLUSIONS
26 
Sec. 84. Exclusion Grounds. - The following classes of foreign nationals shall
27 
not be allowed entry and shall be excluded from the Philippines:
28 
a) Health Related Grounds
29 
1) Those who are found to be suffering from a communicable, dangerous
30 
or contagious disease, unless excepted under existing laws, rules and
31 
regulations;
41


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
32
2) Those who are found to be suffering from mental disorder or 
associated behavior that may pose a threat to persons or danger to 
property;
3) Those who are found to be suffering from addiction to prohibited or 
regulated substance;
b) Economic Grounds
1) Those likely to become a public charge;
2) Those seeking entry for the purpose of performing skilled or 
unskilled labor, without a permit from the Secretary of the Department 
of Labor and Employment as required by law;
c) Moral Grounds
1) Those coming to the Philippines to practice polygamy or who advocate 
the practice of polygamy unless the person's religion allows such 
practices;
2) Those who are pedophiles, sexual perverts or those coming to the 
Philippines for immoral purposes;
3) Those who are engaged or who seek to engage in prostitution or to 
procure or attempt to procure prostitutes, or who receives in whole or 
in part the proceeds of prostitution;
4) Those who, at the time of primary inspection by the Immigration 
Officer, exhibit any contemptuous or disrespectful behavior towards 
the said officer or any government official or employee of the Bureau;
d) Criminal and Security Grounds
1) Those who have been convicted of a crime involving moral turpitude or 
who admit to the Immigration Officer having committed such crime, or 
who attempt and conspire to commit the crime;
2) Those who have been convicted, or who admit having committed, or 
are committing acts which constitute the elements of a violation or 
conspiracy to violate any law or regulation of the Philippines or a 
foreign country relating to a controlled, regulated or prohibited 
substance, or who admit having attempted or conspired to commit the 
crime;
42


1 
3) Those that the Philippine Government knows or has reason to believe
2 
is a trafficker of any controlled, regulated or prohibited substance or
3 
knows or has reason to believe is or has been an accomplice,
4 
accessory, abettor, or co-conspirator in the illicit trafficking of any
5 
controlled, regulated or prohibited substance;
6 
4) Those who are fugitives from justice;
7 
5) Those who seek to enter the Philippines to engage in:
8 
i) Espionage or sabotage, or a violation or evasion of any laws
9 
prohibiting export of goods, technology or sensitive information;
10 
ii) Any activity aimed to promote membership in an organization of
11 
syndicated criminal activities;
12 
iii) Any activity, the purpose of which is to overthrow the Philippine
13 
government by force, violence or other unlawful means; and
14 
iv) Any other unlawful activity;
15 
6) Those who are engaged or believed to be engaged or likely to engage
16 
in, aid, abet or finance any terrorist activity and members or
17 
representatives of a foreign terrorist organization;
18 
7) Those who have been identified by competent authorities, local or
19 
foreign, as having engaged or are engaging in human trafficking and
20 
smuggling;
21 
8) Those who under fifteen (15)years of age and unaccompanied by or
22 
not coming to a parent, except that they may be admitted at the
23 
discretion of the Commissioner, if otherwise admissible: Provided, That
24 
they present a written consent to travel from either parent citing the
25 
purpose thereof and affirmed by a Consular Officer; and
26 
9) Those who have been identified by competent authorities, local and
27 
foreign, as having engaged or are engaging in importation of
28 
contrabands and other prohibited articles into the country.
29 
Sec. 85. Temporary Custody of Excludable Foreign Nationals. - For the
30 
purpose of ascertaining whether a foreign national arriving in the Philippines belongs
31 
to any of the excludable classes of foreign national provided in this Act or related
32 
laws, the Immigration Officer, for a period not exceeding seventy-two (72) hours.
43


1 
may temporarily take into custody for investigation such foreign national either on
2 
board the vessel or at a place designated for the purpose at the expense of the
3 
master, captain, agent, owner or consignee of the carrying vessel.
4 
Sec. 86. Finality of Exclusion Order. - An order by the Immigration Officer to
5 
exclude a foreign national who is excludable under this Act is final and executory
6 
unless revoked by the Commissioner upon a timely appeal prior to the
7 
implementation of the exclusion order.
8 
Sec. 87. Authority to Waive Grounds for Exclusion. - Except for grounds of
9 
exclusion under Section 84(d), subparagraphs 1 to 7 and 9, the Commissioner may
10 
waive any of the grounds for exclusion mentioned in Section 84 of this Act.
11 
Sec. 88. Procedure of Removal and Cost Thereof - Foreign nationals arriving
12 
in the Philippines who are ordered excluded shall be immediately removed in the
13 
same accommodation to the country where they boarded the vessel on which they
14 
arrived, unless the Commissioner determines that immediate removal is not proper
15 
and practicable, in which case such excluded foreign nationals shall be ordered
16 
detained. The cost of detention and other expenses incident thereto shall be borne
17 
by the owner, operator, master, pilot, captain, agent or consignee of the vessel on
18 
which such foreign nationals arrived.
19 
Sec. 89. Country Where Removal is to be Directed. - If the government of the
20 
country designated in the preceding section will not accept the foreign national into
21 
its territory, the removal of the foreign national shall be directed at the
22 
Commissioner's discretion to any of the following:
23 
a) The country of which the excluded foreign national is a citizen or national;
24 
b) The country of birth;
25 
c) The country of the foreign national's habitual residence; or
26 
d) The country willing to accept the foreign national into 
its territory, if
27 
removal to any of the foregoing countries is impractical or impossible.
28 
Sec. 90. Obligation of Owner, Operator, Master, Captain, Pilot, Agent or
29 
Consignee. - It shall be unlawful for an owner, operator, master, captain, pilot,
30 
agent, or consignee of a vessel to refuse or fail to:
31 
a) Board a foreign national ordered excluded and removed in the same
32 
vessel or another vessel owned or operated by the same company;
44


1 
b) Detain a foreign national on board any such vessel at the port of arrival
2 
when required by this Act or when so ordered by an Immigration Officer;
3 
c) Deliver a foreign national for medical or other examination when so
4 
ordered by an Immigration Officer;
5 
d) Remove a foreign national from the Philippines to the country to which the
6 
individual's removal has been directed; or
7 
e) Pay the cost of detention and other expenses incidental thereto incurred
8 
while the excluded foreign national is being detained as required by
9 
Section 98 of this Act or other costs necessary or incidental to his removal
10 
as provided in this Act.
11 
Sec. 91. Penalty for Non-compliance of Obligation. - The owner, operator,
12 
master, captain, pilot, agent, or consignee of a vessel who violates Section 90 of this
13 
Act shall pay the fines prescribed in Section 122 of this Act. No vessel shall be
14 
granted clearance from any port in the Philippines while such fine remains unpaid or
15 
while the validity thereof is being determined: Provided, That clearance may be
16 
granted prior to such determination upon deposit of a sum or cash bond sufficient to
17 
cover such fine as approved by the Commissioner.
18 
TITLE V
19 
DEPORTATION
20 
CHAPTER 1
21 
DEPORTABLE FOREIGN NATIONALS
22 
Sec. 92. Classes of Deportabie Foreign Nationals. - The following foreign
23 
nationals shall be taken Into custody upon the order of the Commissioner and
24 
deported upon recommendation by the BSI and approval by the Board:
25 
a) Those who entered the Philippines: (1) by means of misrepresentations or
26 
false or misleading statements or documents, or (2) without inspection
27 
and admission by the immigration authorities;
28 
b) Those who were not lawfully admissible at the time of entry;
29 
c) Those who abet or aid in the practice of prostitution, including the owner
30 
or manager of a prostitution den, or who are pedophiles;
31 
d) Those who, at any time after the date of entry, have become a public
32 
charge;
45


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
e) Those who remain in the Philippines in vioiation of any period of limitation 
or condition under which they were admitted;
f) Those who believe in, advise, advocate or teach the overthrowing by force 
and violence of the Government of the Republic of the Philippines or any 
duly constituted authority, or those who do not believe in or are opposed 
to organized governments, or those who advise, advocate or teach the 
assault or assassination of public officials, or those who advise, advocate, 
or teach the unlawful destruction of property, or those who are members 
of or affiliated with any organization entertaining, advocating or teaching 
such doctrines, or those who in any manner whatsoever extend 
assistance, finandai or otherwise, in the dissemination of such doctrines;
g) Those who, at any time after entry, engage in, abet, aid or finance any 
terrorist activity;
h) Those who, at any time after entry, are charged of a crime involving acts 
or omissions punishable under Philippine penai iaws cognizable by the 
Regional Trade Courts and the Sandiganbayan)
i) Those who, at any time after entry, are convicted by final judgement of a 
crime involving moral turpitude punishabie under Philippine penal laws;
j) Those who were admitted as non-immigrants and who obtained an 
adjustment of their admission status for convenience, or through fraud, 
faisification of documents, misrepresentations or concealment of material 
facts;
k) Those who violated Philippine labor and taxation laws, rules and 
regulations;
l) 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 
Fiiipinos, or the Republic of the Phiiippines 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
46


1 
of another person, without authority to do so for the purpose of satisfying
2 
or complying with the requirements of the Bureau;
3 
n) Those whose presence or activities in the country may result in adverse
4 
consequences to Philippine foreign policies as determined by the Secretary
5 
of Foreign Affairs;
6 
o) Those who misrepresented themselves as Filipino citizens in all
7 
immigration matters; and,
8 
p) Those who commit any violation of the provisions of this Act, independent
9 
of any criminal action which may be brought against them: Provided, That
10 
in case of a foreign national who, for any reason, is convicted and
11 
sentenced to suffer both imprisonment and deportation, said foreign
12 
national shall first serve the entire period of the sentence before being
13 
deported.
14 
Sec. 93. Non-Prescription of Deportation Cases. - The right of the State to
15 
initiate deportation proceedings shall not prescribe.
16 
Sec. 94. Nature of Deportation Proceedings. - Deportation proceedings shall
17 
be independent of any action that may be instituted against a foreign national:
18 
Provided, That no deportation orders shall be issued against foreign nationals facing
19 
preliminary investigation, prosecution and trial before competent authorities.
20 
CHAPTER 2
21 
DEPORTATION OF FOREIGN NATIONALS
22 
Sec. 95. Formal Charge of Deportation. - A formal charge for deportation
23 
shall be issued upon determination of the existence of a prima facie case against the
24 
foreign national.
25 
Sec. 96. Bail. - Pending final determination of the foreign national's
26 
deportation case, the foreign national shall, upon the discretion of the
27 
Commissioner, remain under detention or be released on bail or recognizance. The
28 
bail may be revoked and confiscated in favor of the government if there is sufficient
29 
evidence that the foreign national is evading the proceedings or is attempting to
30 
abscond, in which case such foreign national shall be taken into custody and placed
31 
under detention by order of the Commissioner.
47


1 
Sec. 97. Custody of a Foreign National Convicted of a Felony or an Offense. -
2 
After service of his sentence or compliance with the conditions of his parole or
3 
probation, as the case may be, the foreign national shall be taken into custody for
4 
immediate deportation by order of the Board.
5 
Sec. 98. Voluntary Removal, When Authorized. - The Commissioner may
6 
waive the deportation proceedings and order the departure of the foreign national
7 
within the period specified in the voluntary deportation order if the foreign national
8 
does not contest the formal charge and opts to voluntarily leave the country and
9 
pays for all expenses: Provided, That the foreign national has not committed any
10 
criminal offense or has no pending criminal investigation: Provided, further, That the
11 
said foreign national so deported shall be barred from re-entering the county without
12 
prior written authorization from the Commissioner.
13 
Sec. 99. Period to Enforce Order of Deportation. - The order of deportation
14 
shall be enforced immediately, but in no case shall exceed three (3) months from
15 
the date it has become final and executory. If deportation is not enforced within the
16 
prescribed period, the foreign national may be released on bail or recognizance.
17 
Sec. 100. Suspension of Deportation Order. - The Commissioner may
18 
suspend the implementation of the deportation order and order the release of the
19 
foreign national on bail or recognizance, considering the following factors:
20 
a) Age, health, family or conduct;
21 
b) Period of detention;
22 
c) Impact on national security and public welfare;
23 
d) Unavailability of travel documents;
24 
e) Existence of an application for refugee or statelessness status; or
25 
f) Other humanitarian considerations.
26 
Sec. 101. Reinstatement of a Deportation Order. - A deportation order
27 
previously implemented against a foreign national who unlawfully re-entered the
28 
Philippines shall be deemed automatically reinstated and shall be implemented in
29 
accordance with this Act. This provision shall also apply to a foreign national who
30 
departed voluntarily under Section 98 of this Act and re-entered the Philippines
31 
unlawfully or without prior written authorization from the Commissioner.
48


1 
Sec. 102. Country of Destination of a Deportee. - Except as provided for
2 
under an existing treaty or international agreement, a foreign national shall be
3 
deported to the country of which the person is a citizen or national, or foreign
4 
national's country of birth, or the country of which the individual is a resident, or the
5 
country from which the individual embarked for the Philippines, subject to the
6 
acceptance by the receiving country.
7 
Sec. 103. Cost of Deportation. - The cost of deportation shall be borne by the
8 
owner, operator, captain, master, pilot, agent or consignee of a vessel in case its
9 
foreign crewmember is to be deported under Section 92 of this Act. In all other
10 
cases, the cost of deportation shall be borne either by the deportee, the concerned
11 
consular office, nongovernment organizations or people's organization with which
12 
the Bureau has an agreement on this matter, or from the appropriations for the
13 
enforcement of this Act.
14 
Sec. 104. Liabiiity of Owner, Operator, Captain, Master, Piiot, Agent or
15 
Consignee of a Vessei. - Failure or refusal on the part of the owner, operator,
16 
captain, agent, or consignee of a vessel to take on board, guard safely, and
17 
transport the person subject of removal to his country of destination, or to shoulder
18 
the cost of removal of the foreign crewmember as provided in Section 101 hereof,
19 
shall be punished by an administrative penalty prescribed in Title VI, Chapter 7 of
20 
this Act.
21 
Sec. 105. Expenses of the Accompanying Person. - The Commissioner may,
22 
for security reasons or by reason of mental or physical condition of the deportee,
23 
direct an employee of the Bureau to accompany such deportee to the country of the
24 
deportee's destination, subject to provisions of Section 103 of this Act.
25 
CHAPTER 3
26 
INDIGENT FOREIGN NATIONAL
27 
Sec. 106. Rem ova i of indigent Foreign Nationai. - At any time after entry, the
28 
Commissioner may remove indigent foreign nationals from the Philippines to the
29 
country of which they are citizens or nationals, their country of birth, or their country
30 
of residence, as the case may be. The cost of deportation may be charged against
31 
the available funds of the Bureau. Any foreign national removed under this section
32 
shall be barred re-admission, except upon written authorization of the Board.
49


1 
The provision shall not apply to a foreign national declared as an indigent by
2 
any Philippine court for purposes of filing a case or to pursue an action which
3 
resulted in the individual's indigency until such case or action 
is resolved with
4 
finality: Provided, That no other grounds for deportation exist during the pendency
5 
of such case or action.
6 
TITLE VI
7 
MISCELLANEOUS PROVISIONS
8 
Chapter 1
9 
REGISTRATION OF FOREIGN NATIONALS
10 
Sec. 107. Requirement of Registration. - All foreign nationals, regardless of
11 
any exemption provided by law, shall register with the Bureau or any Immigration
12 
Office nearest to their place of residence on or before the sixtieth (60th) day of their
13 
latest arrival in the Philippines.
14 
Sec. 108. Registration Form and Oath. - Applications for registration shall be
15 
under oath and in such form as prescribed by the Bureau. Upon registration, a
16 
certificate of registration shall be issued to the registrant. In case of loss or
17 
destruction of the certificate, a replacement certificate may be issued by the Bureau
18 
upon proper application and payment of prescribed fees.
19 
Sec. 109. Amendment of Registration. - Registered foreign nationals shall
20 
notify the Bureau in writing of any change of information in their registration
21 
documents not later than seven (7) days from such change.
22 
Sec. 110. Presentation of Certificate of Registration. - Every foreigner required
23 
to register under this Act or the parent or guardian of such foreigner shall, upon
24 
demand of any authorized immigration official, present his certificate of registration,
25 
and failure to do so without justifiable cause shall be dealt with in accordance with
26 
the provisions of this Act.
27 
Sec. 111. Reportoriai Requirement. - Every foreign national registered under
28 
this Act shall, within the first sixty (60) days of every calendar year, report in person
29 
to the Bureau. The Commissioner may exempt personal appearance of foreign
30 
nationals registered under this Act subject to certain requirements and conditions as
31 
may be prescribed in the rules and regulations issued for the purpose.
50


1 
Sec. 112. Failure to Comply with Requirements. - A foreign national, or the
2 
parent or guardian of the foreign national, who, without justifiable reason, fails to
3 
comply with all the requirements under this Act, or who files an application for
4 
registration containing statements known by the individual to be false, or who
5 
utilizes registration documents other than that of the individual, shall be dealt with in
6 
accordance with the provisions this Act and other existing laws.
7 
Sec. 113. Cancellation of Registration of Foreign National. - In case of death
8 
of a foreign national registered under the provisions of this Act, the legal heir,
9 
representative or administrator of the foreign national must inform the Bureau within
10 
sixty (60) days from date from such death, and the Bureau shall cancel the
11 
registration of the deceased foreign national. The Local Civil Registrar or other civil
12 
registry officer of the locality where said foreign national died shall furnish the
13 
Bureau with a copy of the Certificate of Death within thirty (30) days from issuance
14 
thereof. Failure on the part of the persons concerned to comply with the
15 
requirements specified in this Section shall be dealt with pursuant to the provisions
16 
of existing laws.
17 
CHAPTER 2
18 
BONDS AND DEPOSITS
19 
Sec. 114, Bonds, When Required. - The Bureau shall have the authority to
20 
require cash bonds in such amounts and under such conditions as it may prescribe in
21 
order to:
22 
a) control and regulate the admission into, and departure from, the
23 
Philippines of foreign nationals applying for temporary admission;
24 
b) insure against foreign passengers liable to be excluded as likely to become
25 
public charges; and
26 
c) ensure the appearance of foreign nationals released from custody during
27 
the course of deportation proceedings instituted against them.
28 
Sec. 115. Requirement of Cash Deposits for Services Rendered. - The Bureau
29 
shall likewise have the authority to require cash deposits in such amounts as may be
30 
necessary from a vessel's owner, operator, captain, master, pilot, agent, or
31 
consignee or other persons served for services rendered as establish by the
32 
implementing rules and regulations.
51


1 
Sec. 116. Cancellation and Forfeiture of Bonds. - When the conditions of the
2 
bond are fulfilled, or in case the Commissioner determines that the likelihood that a
3 
foreign national shall become public charge no ionger exists, or in case of death of
4 
the foreign national in whose behalf the bond is posted, the bond shali be cancelled
5 
and released to the depositor or the legal representative of the foreign national. In
6 
case of violation of the conditions of the bond, the same shall be forfeited and
7 
deposited in a trust fund which may be utilized for the purchase of passage tickets
8 
for the deportation of indigent foreign nationals and to cover the costs of operations
9 
in locating deportees who jump bail.
10 
CHAPTER 3
11 
RECOGNIZANCE
12 
Sec. 117. Petitions for Recognizance, Sanction for Breach of Conditions. - The
13 
Commissioner may order the release of a foreign national upon recognizance of the
14 
foreign national's lawyer or a person who is of good standing 
in the community,
15 
under such terms and conditions as the Board may prescribe. Failure to comply with
16 
the terms and conditions of the recognizance shall subject said lawyer or person to a
17 
fine of not less than Fifty Thousand (P50,000.00) pesos but not more than One
18 
Hundred Thousand pesos (P100,000.00), without prejudice to other administrative
19 
sanctions or proceedings against the erring party.
20 
CHAPTER 4
21 
COOPERATION AND COORDINATION WITH OTHER OFFICES
22 
Sec. 118. Working Cooperation with the Department of Foreign Affairs (DFA).
23 
- For purposes of efficient implementation and administration of this Act, the Bureau
24 
shall maintain a working cooperation with the DFA.
25 
Sec. 119. Working Cooperation with the Commission on Higher Education
26 
(CHED). - The Bureau shail maintain a working cooperation with the CHED with
27 
respect to the accreditation of schools and learning centers for enrollment of foreign
28 
students as authorized under this Act.
29 
Sec. 120. Working Cooperation with the Civil Aviation Authority of the
30 
Philippines (CAAP). - The Bureau shall maintain a working cooperation with the
31 
CAAP with respect to accreditation of flying schools for the enrollment of foreign
32 
students.
52


1 
Sec. 121. Coordination with Law Enforcement, Security and Other Offices. -
2 
The Bureau shall have the authority to maintain coordination with the National
3 
Security Council (NSC), the Philippine National Police (PNP), and other law
4 
enforcement agencies of the government.
5 
CHAPTER 5
6 
FEES AND CHARGES
7 
Sec. 122. Authority of the Board to Prescribe, Impose and Coiiect Fees and
8 
Charges. - The Board is authorized to prescribe, impose and collect fees and charges
9 
for services rendered, pursuant to the provisions of this Act.
10 
CHAPTER 6
11 
ADMINISTRATIVE FINES
12 
Sec. 123. Fine for Failing to Submit Crew List or Passenger Manifest, or
13 
Faiiure to Account Every Passenger and Crew. - Any owner, operator, master,
14 
captain, pilot, agent, or consignee of a vessel arriving at any port in the Philippines
15 
from a place outside thereof who fails to submit to the immigration authorities a
16 
complete and accurate crew list or passenger manifest, or fails to produce or
17 
account every crewmember or passenger whose name appears in said list or
18 
manifest shall be subject to fines of One hundred thousand pesos (P100,000.00) and
19 
Fifty thousand pesos (P50,000.00) for each unaccounted person, respectively.
20 
Sec. 124. Fine for Vioiation of Obiigation on the Landing or Removai of
21 
Foreign Nationais. - Any owner, operator, master, captain, pilot, agent, or consignee
22 
of any vessel arriving at a port of the Philippines from a place outside thereof having
23 
a foreign national on board in violation of this Act shall be fined not less than Fifty
24 
thousand pesos (P50,000.00) but not more than Two hundred thousand pesos
25 
(P200,000.00) for each act or violation consisting of:
26 
a) Failure to prevent the landing of such foreign national in the Philippines at
27 
any time of place other than as designated by the Immigration Officer;
28 
b) Refusal or failure to detain a foreign national on board any such vessel at
29 
the port of arrival when required by this Act or so ordered by an
30 
Immigration Officer;
31 
c) Refusal or failure to deliver a foreign national for medical or other
32 
examinations when so ordered by an Immigration Officer;
53


1 
d) Refusal or failure to pay the cost of maintenance and other costs, as
2 
required by this Act, of such foreign national when temporarily removed
3 
from the vessels for examination by order of the Immigration Officer;
4 
e) Refusal to receive such foreign national on board for removal from the
5 
Philippines if the foreign national is exciuded, or to pay the cost of removal
6 
as required under Sections 90 and 104 of this Act;
7 
f) Refusal or failure to take on board, guard safely, and transport the
8 
deportee to the foreign national's country of destination, or to shoulder
9 
the cost of deportation of the foreign crew member; and
10 
g) Making any charge against such foreign national for the cost referred to in
11 
(d) above, or for the cost of the removal of the foreign national from the
12 
Philippines if the latter is excluded or taking any security from the foreign
13 
national for the payment of any such costs.
14 
Sec. 125. Fine for Bringing Undocumented Foreign Nationai, or Foreign
15 
Nationai Affiicted with Communicabie or Contagious Disease, or Suffering from
16 
Mentai Disorder. - The owner, operator, master, captain, pilot, agent, or consignee
17 
of the vessel arriving at a port in the Philippines from a place outside thereof
18 
bringing on board an undocumented foreign national shall be fined One hundred
19 
thousand pesos (P100,000.00) for each foreign national. If the foreign national is
20 
affiicted with a communicable or contagious disease or is suffering from mental
21 
disorder, the fine shali be not less than Two hundred thousand pesos (P200,000.00)
22 
but not more than Three hundred thousand pesos (P 300,000.00) for each foreign
23 
national.
24 
Sec. 126. Fine for Bringing a Foreign Nationai to Assist His liiegai Entry or
25 
Misrepresenting a Foreign Nationai as a Member of the Crew. - The owner,
26 
operator, master, captain, pilot, agent, or consignee of the vessel arriving at a port
27 
in the Philippines from a place outside thereof bringing on board a foreign national
28 
bound for the Philippines to assist the illegal entry of the foreign national, or
29 
misrepresenting the foreign national to the Immigration Officer at the port of arrival
30 
as a bona fide member of the crew, shall be fined not less than One hundred
31 
thousand pesos (P100,000.00) but not more than Two hundred thousand pesos
32 
(P200,000.00) for each foreign national.
54


1 
Sec. 127. Fine for an Overstaying Crewmember. - Any foreign crewmember
2 
who willfully remains in the Philippines beyond the period allowed for temporary
3 
landing shall be fined not less than Fifty thousand pesos (P50,000.00) but not more
4 
than One hundred thousand pesos (P100,000.00). The owner, operator, master,
5 
captain, pilot, agent, or consignee of the vessel shall be solidarily liable for the fine
6 
imposed on such overstaying crewmember.
7 
Sec. 128. Fine for Assaulting an Immigration Personnel. - Any form of assault
8 
directed to any personnel of the Bureau is an act of disrespect. In case the assault is
9 
committed by a foreign national at the ports of entry and exit, such foreign national
10 
shall be excluded or deported, as the case may be, and shall be fined Two hundred
11 
thousand pesos (P200,000.00) without prejudice to the right of the aggrieved
12 
Immigration Personnel to file appropriate criminal, civil or administrative cases
13 
against such person.
14 
For purposes of this Act, an Immigration Officer shall be considered a person
15 
in authority while in the performance of official duty.
16 
Sec. 129. Fine for Violation of Other Provisions of this Act - owner, operator,
17 
master, captain, pilot, agent, or consignee of any vessel arriving at any port of the
18 
Philippines from a place outside thereof who violates any other provision of this Act
19 
not specifically provided in this Chapter shall be fined not less than Fifty thousand
20 
pesos (P50,000.00) but not more than Two hundred thousand pesos (P200,000.00)
21 
for each violation.
22 
CHAPTER 7
23 
PENAL PROVISIONS
24 
Sec. 130. Prohibited Acts and Penalties. - Any person who shall commit any
25 
of the acts specified hereunder shall, upon conviction, suffer the penalty of
26 
imprisonment for not less than five (5) years but not more than ten (10) years, or a
27 
fine of not less than One hundred thousand pesos (P100,000.00) but not more than
28 
Five hundred thousand pesos (P500,000.00), or both imprisonment and fine, at the
29 
discretion of the court:
30 
a) Impersonating another individual, or falsely appearing in the name of a
31 
deceased individual, or evading immigration laws by using an assumed or
32 
fictitious name when applying for an immigration document;
55


1 
b) Issuing or otherwise delivering an immigration document or an
2 
immigration accountable form, to any person not authorized by law to
3 
receive such documents;
4 
c) Obtaining, manufacturing, printing, accepting or using any immigration or
5 
travel document knowing it to be false, or using an immigration
6 
accountable form that is not legally issued;
7 
d) Entering or leaving the Philippines without inspection and admission by the
8 
immigration authorities, or obtaining entry into or departure clearance
9 
from the Philippines through fraud, misrepresentation, or concealment of
10 
material facts;
11 
e) Misrepresenting oneself to be a citizen of the Philippines;
12 
f) Knowingly making a false statement under oath regarding any immigration
13 
matter; or
14 
g) Bringing into, or landing in the Philippines, or concealing, harboring,
15 
employing, or giving comfort to, any person not duly admitted by an
16 
Immigration Personnel or not lawfully entitled to enter into or reside
17 
within the Philippines, or attempting, conspiring with, or aiding another to
18 
commit any such acts.
19 
Where the offender of any acts specified in paragraph (g) of this Section is a
20 
corporation, partnership or other juridical entity, the president, general manager,
21 
managing partner, or chief executive officer thereof shall be held liable. Dismissal of
22 
the employee by the employer before or after apprehension shall not relieve such
23 
employer from any liability arising from the offense: Provided, That if the offender is
24 
the owner, operator, master, captain, pilot, agent, or consignee, or other person in
25 
charge of the vessel that brought the foreign national into the Philippines from any
26 
place outside thereof, the fine imposed under this section shall constitute a lien
27 
against the vessel which may be enforced in the same manner as fines are collected
28 
and enforced under existing laws. Such vessel shall not be allowed to depart without
29 
prior clearance issued by the Bureau. Where forfeiture is justified under the
30 
particular circumstances of the case, the forfeiture of the vessel in favor of the
31 
government in lieu of the fine shall be decreed.
56


1 
Conviction by final judgment of any offense punishable under this Act or other
2 
laws shall result in the automatic revocation or cancellation of any immigration
3 
document issued to the offender, including that of the foreign national's spouse and
4 
unmarried children, if applicable.
5 
Sec. 131. Penalty for Aiding the Escape of Detained Foreign National. - Any
6 
person who shall be found to have helped, assisted, supported, caused or ministered
7 
the escape, including harboring and concealing, of a foreign national shall, upon
8 
conviction, be imprisoned for not less than five (5) years but not more than ten (10)
9 
years and a fine of not less than Two hundred thousand pesos (P200,000.00):
10 
Provided, That if the person liable is a foreign national, such person shall be
11 
deported after service of sentence: Provided, further, That any tools, equipment,
12 
implements or vehicles used in the escape of a detained foreign national shall be
13 
destroyed or forfeited in favor of the government.
14 
Sec. 132. Penalty for Non-compHance of Subpoena. - Any person who, having
15 
been duly served with a subpoena, fails to comply without valid and justifiable
16 
reasons shall suffer the penalty of imprisonment of not more than fifteen (15) days
17 
or a fine of not more than One thousand pesos (P1,000.00), or both, at the
18 
discretion of the court.
19 
Sec. 133. Imposition of Maximum Penalty, When Applicable. - A person
20 
convicted under Republic Act No. 3019, as amended, otherwise known as the "Anti-
21 
Grant and Corrupt Practices Act", or other laws against corruption and bribery in
22 
relation to any violation or circumvention of any provision of this Act shall suffer the
23 
maximum penalty under the said Republic Act or other laws against corruption and
24 
bribery, as the case may be.
25 
CHAPTER 8
26 
UPGRADING OF POSITIONS, COMPENSATION AND BENEFITS
27 
Sec. 134. Creation of New Positions, Reclassification of Existing Positions and
28 
Upgrading of Salary Levels. - The following positions in the Bureau are hereby
29 
created, and the existing positions reclassified or upgraded, with the corresponding
30 
salary grade levels:
EXISTING POSITION
RECLASSIFIED
POSITION/
SALARY GRADE
57


NEWLY-CREATED
POSITION
From
To
Commissioner
Commissioner III
30
30
Deputy Commissioner
Deputy Commissioner III
29
29
Director II, Internal Affairs
Service
26
Attorney V (Board of
Special Inquiry)
Attorney V, Board of Special
Inquiry
25
25
Attorney IV (Board of
Special Inquiry)
Attorney IV, Board of Special
Inquiry
23
23
Attorney III (Board of
Special Inquiry)
Attorney III, Board of Special
Inquiry
21
21
Attorney V (Legal
Division)
Chief Legal Affairs Officer
25
25
Attorney IV (Legal
Division)
Attorney IV, Legal Division
23
23
Attorney III (Legal
Division)
Attorney III, Legal Division
21
21
Chief Administrative
Officer (Administrative
Division)
Chief Administrative Officer
24
24
Supervising
Administrative Officer
Supervising Administrative
Officer, Administrative
Division
22
22
Chief Immigration Officer
(Alien Registration
Division)
Chief Alien Registration
Officer
24
24
Intelligence Officer V
(Intelligence Division)
Chief Immigration
Intelligence Officer
24
24
Chief Immigration Law
24
58


Enforcement Officer
Chief Immigration Officer
(Port Operations Division)
Chief Immigration Operations
Officer
24
24
Chief Immigration Officer
(Immigration Regulation
Division)
Chief Immigration Regulation
Officer
24
24
Chief Human Resource
Management Officer (Chief
Personnel Specialist)
24
Supervising Human Resource
Management Officer
22
Chief Administrative
Officer (Finance and
Management Division)
Chief Finance and Logistics
Officer
24
24
Supervising
Administrative Officer
(Finance and
Management Division)
Supervising Administrative
Officer, Finance and Logistics
Division
22
22
Planning Officer V
(Planning and Policy
Division)
Chief Planning and Research
Officer
24
24
Planning Officer IV (PPD)
Planning and Research
Officer IV
22
22
Planning Officer III (PPD)
Planning and Research
Officer III
18
18
Planning Officer II (PPD)
Planning and Research
Officer II
15
15
Planning Officer I (PPD)
Planning and Research
Officer I
11
11
Information Technology
Officer III (Management
Chief Information and
Communications Technology
24
24
59


Information System Div)
Officer
Information Technology
Officer
Information Technology
Officer
19
19
Information System
Analyst II
Information System Analyst
II
16
16
Supervising Immigration
Officer (IRD, ARD, POD)
Supervising Immigration
Officer
22
22
Intelligence Officer IV
Senior Immigration
Officer
Senior Immigration Officer
19
20
Immigration Officer III
Immigration Officer III
16
18
Immigration Officer III
Immigration Officer II
Immigration Officer III
13
15
Intelligence Officer III
Special Investigator II
Immigration Officer I
Immigration Officer I
11
13
Inteiligence Officer I
Special Investigator I
Intelligence Agent II
Immigration Assistant
Administrative Officer V
(Administrative Officer
III)
Administrative Officer V
18
18
Administrative Officer V
(Cashier III)
Administrative Officer V
(HRMO III)
Administrative Officer V
(Records Officer III)
Administrative Officer V
(Supply Officer III)
60


Administrative Officer V
(Procurement)
Administrative Officer V
(Management and Audit
Analyst III)
Administrative Officer V
(Budget Officer III)
Medical Officer III
Medical Officer III
21
21
Computer Programmer II
Information Technology
Officer I
15
19
Computer Maintenance
Technologist II
Dentist II
Dentist II
17
17
Fingerprint Examiner IV
Fingerprint Examiner IV
15
15
Accountant III
Accountant III
19
19
Accountant II
Accountant II
16
16
Accountant I
Accountant I
12
12
Board Secretary V
24
Regional Programs
Coordinator
22
Training Specialist III
18
Psychologist III
18
Document Examiner III
18
Training Specialist II
15
Psychologist II
15
Security Officer II
15
Computer Programmer I
11
1 
Upon the recommendation of the Commissioner, the Secretary of the DOJ
2 
shall reorganize, upgrade, or otherwise make adjustments in the offices of the
3 
Bureau as required by the implementation of this Act: Provided, That to the extent
4 
possible, the incumbent chiefs of sections and division whose offices are hereby
5 
affected may be upgraded to positions of comparable rank in the reorganization:
61


1 
Provided, further, That for the new positions created under this Act, the Board shall
2 
designate the personnel thereof.
3 
Sec. 135. Additional Grant of Benefits. - The Bureau shall provide its
4 
employees with the following benefits:
5 
a) Health care services through an accredited Health Maintenance
6 
Organization for its regular employees;
7 
b) Accident Insurance policies for all employees;
8 
c) Night shift differential and overtime pay for actual work rendered, in
9 
accordance with existing guidelines;
10 
d) Longevity pay, subject to guidelines that shall be issued by the Board in
11 
accordance with existing laws and regulations and subject to the approval
12 
of the Secretary of the DBM;
13 
e) Transportation benefits;
14 
f) Quarters allowance; and,
15 
g) Hazard pay amounting to twenty percent (20%) of basic salary to qualified
16 
employees as may be determined by the Board.
17 
Sec. 136. Retention and Use of Immigration Fees, Fines and Other Income;
18 
Immigration Trust Fund. - The Board is hereby authorized to retain and use every
19 
year thirty percent (30%) of its collections from immigration fees, fines and
20 
penalties, and other income that may be collected by the Bureau for the effective
21 
implementation of this Act: Provided, That the amount so retained and used by the
22 
Board shall not exceed One billion two hundred million pesos (Pl,200,000,000.00)
23 
every year: Provided, further. That the Board shall review every three (3) years the
24 
maximum allowable retained collections based on the needs of the Bureau under this
25 
Section, subject to the approval of the DBM: Provided, finally. That any excess in the
26 
collections under this paragraph shall accrue to the general fund of the national
27 
government.
28 
There is hereby created an Immigration Trust Fund (ITF) sourced from the
29 
collections mentioned in this section. The ITF shall be administered by the Board in
30 
accordance with existing government auditing rules and regulations, and shall be
31 
used exclusively as follows:
62


1 
a) Fifty percent (50%) for the modernization of equipment, facilities and
2 
offices used by employees of the Bureau, including capital outlay for the
3 
establishment of new buildings and field offices for the effective
4 
implementation of this Act;
5 
b) Thirty percent (30%) for the payment of employee benefits provided in
6 
this Act, and as may be hereafter provided by the Board with the approval
7 
of the Secretary of the DOJ; and
8 
c) Twenty percent (20%) for the further professionalization of the employees
9 
of the Bureau including trainings, seminars and other career advancement
10 
programs.
11 
All interest income, dividends and earnings accrued from the ITF shall also
12 
form part of the Fund. No portion of the ITF shall revert to the general fund of the
13 
National Government, except when the ITF is no longer necessary for the purposes
14 
for which it was established.
15 
Collections from express lane fees under section ll(o) of this Act shall not
16 
form part of the ITF and shall be used strictly in accordance with the said provision.
17 
CHAPTER 9
18 
TRANSITORY PROVISIONS
19 
Sec. 137. Interim Period. - The incumbent Commissioner and the two Deputy
20 
Commissioners, if qualified under this Act, shall continue to discharge the functions
21 
of their position unless otherwise removed by the President. All personnel of the
22 
present Bureau of Immigration shall continue to discharge the functions of their
23 
positions pending the reorganization as provided in this Act.
24 
Sec. 138. Reorganization of the Bureau. - Upon approval of this Act, all
25 
employees of the Bureau of Immigration covered by the civil service rules and
26 
regulations shall continue to hold their present positions pending the reorganization
27 
of the Bureau in accordance with the new staffing pattern: Provided, That the
28 
salaries, wages, allowances and other benefits of incumbent officers and employees
29 
of the Bureau shall not be subject to diminution: Provided, further, That employees
30 
who have been dismissed for cause shall no longer qualify for any position in the
31 
Bureau.
63


1 
Sec. 139. Inventory and Transfer of Properties, Accounts, Assets, Liabilities
2 
and Obligations to the Commission. - All buildings, properties, equipment, facilities,
3 
accounts, other assets, liabilities and other obligations as well as records of the
4 
Bureau of Immigration shall be properly inventoried and transferred to the Bureau.
5 
Sec. 140. Treaty or Agreement - Any treaty or agreement entered into
6 
between the Philippines and any foreign state before the effectivity of this Act shall
7 
remain in force and effect.
8 
Sec. 141. Pending Cases. - Any prosecution, suit, action, proceeding, or any
9 
act or matter, civil or criminal, pending at the time of the effectivity of this Act shall
10 
not be affected by any of the provisions of this Act unless otherwise explicitly stated
11 
herein.
12 
CHAPTER 10
13 
ADMINISTRATION AND IMPLEMENTATION
14 
Sec. 142. Administration and Implementation Abroad. - The administration
15 
and implementation of this Act abroad, including the rules and regulations, and
16 
specific visa policies or guidelines, shall be the responsibility of the DFA, with due
17 
notice to the Bureau and other concerned agencies and offices.
18 
Sec. 143. Implementing Rules and Regulations. - Within sixty (60) days from
19 
the effectivity of this Act, the Bureau shall, in coordination with the Secretaries of
20 
the DBM, the DOJ, and the DFA, promulgate the rules and regulations for its
21 
effective implementation.
22 
Sec. 144. Appropriations. - The amount necessary to cover the initial
23 
implementation of this Act shall be charged against the following:
24 
a) Current year's appropriation of the Bureau of Immigration; and
25 
b) Immigration fees, fines and other income authorized under Section 134 of
26 
this Act.
27 
Thereafter, such sums as may be needed for its continued implementation
28 
shall be included in the annual General Appropriations Act or sourced from the
29 
Immigration Trust Fund pursuant to Section 136 of this Act.
30 
CHAPTER 11
31 
FINAL PROVISIONS
64


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
Sec. 145. Separability Clause. - Should any provision of this Act be declared 
invalid, the remaining provisions shall continue to be in force and effect.
Sec. 146. Repealing Clause. - Commonwealth Act No. 613, otherwise known 
as the "Philippine Immigration Act of 1940", as amended, and Republic Act No. 750 
entitled "An Act Designating as Special Agents of the Bureau of Immigration All 
Provincial, City and Municipal Treasurers, and Providing for the Allocations to the 
Provincial, City, and Municipal Governments of Ten Per Centum of Certain Fees 
Collected in their Respective Territorial Limits", 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.
Sec. 147. Effectivity. - This Act shall take effect fifteen (15) days after its 
publication in the Official Gazette or in at least two (2) newspapers of general 
circulation.
Approved,
65
i