TWENTIETH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
)
25 JUL-8 P6:C4
SENATE
S. No.
279
Introduced by Senator Francis G. Escudero
PHILIPPINE IMMIGRATION ACT
EXPLANATORY NOTE
The current governing law of the Bureau of Immigration, Commonwealth Act 
613, was enacted under the American regime in 1940. Various amendments have 
been introduced to the said law over the years. However, with globalization and the 
proliferation of international crimes, a more capable and practicable immigration 
system is very much needed by our country to keep up with the vast changing times.
Article II, Section 7 of the 1987 Philippine Constitution gives paramount 
consideration to national sovereignty, territorial integrity, national security, national 
interest, and the right to self-determination, as it adheres to the policy of peace, 
cooperation and amity with all nations.
Toward this end, this bill seeks to apply and administer Philippine immigration 
policies, rules and regulations in the promotion of domestic and international interests 
of the Philippines, in recognition of:
(a) Admitting foreign nationals in the country for the purpose of enhancing 
capital investments, trade and commerce, cultural exchanges and other 
forms of friendly relations and cooperation;
(b) Enhancing technological and scientific development;
(c) Promoting the social welfare and economic security of the people;
(d) Fulfilling the obligations and standards set by international law in the 
admission or exclusion of foreign nationals;
(e) Promoting international order and justice by denying the use of Philippine 
territory to persons who are engaged or likely to engage in terrorism, human 
smuggling and trafficking, criminal and other nefarious activities;


(f) Modernizing structures and mechanisms necessary for the administration of 
immigration laws in keeping with the changing demands of the country's 
role in the global community; and
(g) Professionalizing the immigration service by instituting a rigid system of 
screening and selection of immigration officials and employees and 
promoting their development.
Hence, the immediate approval of this bill is earnestly sought.
FRANC
CUDERO


TWENTIETH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
)
25 JIJL -8 P6 :C4
SENATE
S. No.
279
Introduced by Senator Francis G. Escudero
PHILIPPINE IMMIGRATION ACT
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assemble
1 
TITLE I
2 
GENERAL PROVISIONS
3 
Section 1. Title of the Act. - This Act shall be known as the '''Philippine
4 
Immigration Act.
5 
Sec. 2. Declaration of Policy. - In relation to other states, the Philippines shall
6 
give paramount consideration to national sovereignty, territorial integrity, national
7 
security, national interest, and the right to self-determination, as it adheres to the
8 
policy of peace, cooperation and amity with all nations. Toward this end, Philippine
9 
immigration policies, rules and regulations under this Act shall be applied and
10 
administered in the promotion of domestic and international interests of the
11 
Philippines, in recognition of:
12 
(a) Admitting foreign nationals in the country for the purpose of enhancing
13 
capital investments, trade and commerce, cultural exchanges and other forms of
14 
friendly relations and cooperation;
15 
(b) Enhancing technological and scientific development;
16 
(c) Promoting social welfare and economic security of the people;
17 
(d) Fulfilling the obligations and standards set by international law in the
18 
admission or exclusion of foreign nationals;


1 
(e) Promoting international order and justice by denying the use of Philippine
2 
territory to persons who are engaged or likely to engage in terrorism, human
3 
smuggling and trafficking, criminal and other nefarious activities;
4 
(f) Modernizing structures and mechanisms necessary for the administration of
5 
immigration laws in keeping with the changing demands of the country's role in the
6 
global community; and
7 
(g) Professionalizing the immigration service by instituting a rigid system of
8 
screening and selection of immigration officials and employees and promoting their
9 
development.
10 
Sec. 3. Definition of Terms. - As used in this Act, the following terms are defined
11 
as follows:
12 
(a) Admission shall refer to the process by which a foreigner arriving at a port
13 
of entry in the Philippines is allowed into the country by the immigration authorities;
14 
(b) Boardshd\\ refer to the Board of Commissioners;
15 
(c) Border Control Officer sY\d\\ refer to any person tasked to man the border
16 
control station as provided under Section 26 of this Act;
17 
(d) Captain shall refer to the master of a vessel or pilot of an aircraft;
18 
(e) Child shall refer to a person below eighteen (18) years of age;
19 
(f) Citizen shall refer to any person who is a citizen of the Philippines under
20 
Section 1, Article IV of the Constitution of the Republic of the Philippines;
21 
(g) Commission shdW refer to the Commission on Immigration;
22 
(h) Commissioner and Deputy Commissioner shall refer to the Commissioner
23 
of Immigration and the Deputy Commissioner of Immigration, respectively;
24 
(i) Commitment Order shall refer to an order issued by the Commissioner
25 
under Section 7 (c) (2) of this Act that directs the detention of a foreigner after it has
26 
been determined that a probable cause exists that he/she committed acts and/or
27 
omissions in vioiation of Philippine immigration laws, rules and regulations, or during
28 
the pendency of deportation case against such foreigner: Provided, That such
29 
detention shall not exceed three (3) months, unless there exists other legal grounds
30 
for continued detention;


1 
(j) Consular Officer shaW refer to any consular, diplomatic, or other officer of
2 
the Government of the Philippines who has been duly granted a consular commission
3 
for the purpose of issuing visas under this Act;
4 
(k) Entry shall refer to the arrival of a foreigner into any designated port of
5 
entry in the Philippines from a place outside thereof. A foreigner having a lawful
6 
permanent residence in the Philippines shall not be regarded as making an entry for
7 
the purpose of this Act if such foreigner proves that his/her departure to a place
8 
outside the Philippines was for a temporary or limited period, or his/her continued
9 
absence from the Philippines was occasioned by deportation proceedings, extradition,
10 
or other legal process;
11 
(I) Exclusion shall refer to the act of Immigration Officers denying admission
12 
of a foreigner into the country on grounds provided for in this Act;
13 
(m) Foreigner or Foreign National shaW refer to any person not a citizen of the
14 
Philippines;
15 
(n) Foundling shall refer to a deserted or abandoned infant or child whose
16 
parents, guardian or relatives are unknown; or a child committed to an orphanage or
17 
charitable or similar institution with unknown facts of birth and parentage and
18 
registered in the Civil Registrar as a "foundling";
19 
(o) Hold Departure Order shall refer to: (1) a directive that commands the
20 
Commissioner to prevent a foreigner from leaving the territorial jurisdiction of the
21 
Philippines in cases of grant of bail and recognizance pending implementation of
22 
Summary Deportation Order, or (2) an order implementing a directive from the
23 
President, the Senate, the House of Representatives, the Department of Justice (DOJ),
24 
Regional Trial Courts, Sandiganbayan, and appellate courts to prevent a person from
25 
leaving the Philippines to any place outside thereof;
26 
(p) Husband ar\6ior Wife shall refer(s) to those regarded as such by the laws
27 
of the country of which they are nationals but shall not include husband or wife by
28 
reason of proxy or "picture marriage";
29 
(q) Immigrant shall refer to any foreign national departing from any place
30 
outside the Philippines destined for the Philippines, other than a non-immigrant;
31 
(r) Immigration Laws shall refer to this Act and any other law presently
32 
existing or which may hereafter be enacted relating to movement of natural persons


1 
to and from the Philippines, and their exclusion, interception, deportation and
2 
repatriation;
3 
(s) Immigration Officer s\\aW refer to any person appointed under Section 28
4 
of this Act or any employee of the Commission designated by the Commissioner to
5 
perform the powers, duties and functions of an Immigration Officer as specified under
6 
this Act;
7 
(t) Interception shall refer to the act of Immigration Officers denying
8 
departure clearance to any person leaving the country on grounds provided for in this
9 
Act;
10 
(u) Non-immigrant shall refer to any foreigner departing from any place
11 
outside the Philippines who is allowed entry and admission into the Philippines for a
12 
temporary or limited period of stay;
13 
(v) Non-refouiementshaW refer to principle of international law which prohibits
14 
the forced return of a refugee to the state or territory where his/her life or liberty
15 
would be threatened;
16 
(w) Passport shall refer to document issued by the Philippine government to its
17 
citizens requesting other governments to allow its citizens to pass safely and freely,
18 
and in case of need to give him all lawful aid and protection;
19 
(x) Person shall refer to natural and juridical person such as partnerships,
20 
corporations, companies, and associations;
21 
(y) Port of Entry shaW refer to any port designated by competent authority in
22 
accordance with law through which a foreigner may apply to the Immigration Officer
23 
thereat for admission into the Philippines;
24 
(z) President shaW refer to the President of the Republic of the Philippines;
25 
(aa) Refugee shaW refer to a person who, owing to a well-founded fear of being
26 
persecuted for reasons of race, religion, nationality, membership of a particular social
27 
group, or political opinion, is outside the country of his/her nationality, and is unable
28 
or, owing to such fear, is unwilling to avail of the protection of that country; or who,
29 
not having a nationality and being outside the country of his/her former habitual
30 
residence, is unable or, owing to such fear, is unwilling to return to it;
31 
{bb) Sea man, Seafarer or Crewmember shall refer to a person engaged,
32 
employed, or is working in any capacity on board a ship;


1 
(cc) Secretary sh^W refer to the Secretary of Justice;
2 
{6&}Stateless Person shall refer toa person who is not considered as a national
3 
by any State under the operation of its laws;
4 
(ee) Travel document shall refer to a certification or identifying document
5 
containing the description and other personal circumstances of its bearer, issued for
6 
direct travel to and from the Philippines valid for short periods or a particular trip. It
7 
is issued only to persons whose claim to Philippine citizenship is doubtful or who fall
8 
under the category enumerated in Section 13 of Republic Act No. 8239, otherwise
9 
known as "The Philippine Passport Act of 1996";
10 
(ff) I/esse/shall refer to all means of conveyances, whether aircraft or sea craft;
11 
(gg) Visa shall refer to an endorsement on a passport or any travel document
12 
issued by a Consular Officer abroad authorizing the holder thereof to proceed to a
13 
designated port of entry in the Philippines and there to apply for entry and admission
14 
under the status specified therein; or immigration status granted and/or issued to
15 
foreigners by the Commissioner or the Board under this Act; and
16 
(hh) WatchHst Order shd\\ refer to an order issued by the Commissioner under
17 
Section 7 (c) (4) of this Act that requires immigration personnel to monitor and/or
18 
prevent the departure of any person for a period of fifteen (15) days, extendible for
19 
another fifteen (15) days, and to notify concerned government or law enforcement
20 
agencies, when his/her presence is required in criminal or legislative proceedings or
21 
he/she poses or may pose a threat to national security, public health or public safety.
22 
TITLE II
23 
COMMISSION ON IMMIGRATION
24 
CHAPTER 1
25 
THE COMMISSION
26 
Sec. 4. Creation. - The Commission on Immigration is hereby created as the
27 
agency principally responsible for the administration and enforcement of this Act, and
28 
the implementation of all laws, rules, regulations or orders of any competent authority
29 
concerning the entry and admission into, stay in, and the departure from the
30 
Philippines of all persons. The Commission shall be under the general supervision of
31 
the Office of the President.


1 
Sec. 5. Composition and Qualification. - The Commission shall be administered
2 
by the Board headed by the Commissioner as Chairperson, and four (4) Deputy
3 
Commissioners as members, all of whom shall be natural-born citizens of the
4 
Philippines and, at the time of their appointment, at least thirty-five (35) years of age,
5 
holders of a college degree and with proven capacity for administration: Provided,
6 
That the majority or three (3) members including the Chairperson of the Commission
7 
shall be members of the Philippine Bar in good standing for at least five (5) years.
8 
CHAPTER 2
9 
THE COMMISSIONER
10 
Sec. 6. Appointment and Rank of the Commissioner. - The Commissioner shall
11 
be appointed by the President and shall have the same rank, salary, and privileges of
12 
an Undersecretary of a Department.
13 
Sec. 7. Powers and Functions of the Commissioner. - In addition to the duties
14 
as Chairperson of the Board, the Commissioner shall exercise the following powers
15 
and functions:
16 
(a) Supervise, direct and coordinate the overall operations of the Commission;
17 
(b) Appoint, and exercise control and supervision over, the officers and
18 
personnel of the Commission, subject to existing civil service laws, rules and
19 
regulations;
20 
(c) Issue (1) letter orders after determination of the existence of probable
21 
cause; (2) commitment or release orders; (3) warrant of deportation; (4) watchlist
22 
orders; (5) hold departure orders; (6) allow entry or departure orders; (7) blacklist
23 
orders; and (8) orders implementing watchlist orders issued by the Department of
24 
Justice;
25 
(d) Delegate authority to subordinate officers and employees of the
26 
Commission, except with regard to powers and functions enumerated in the
27 
immediately preceding paragraph, which may be delegated only to the Deputy
28 
Commissioners;
29 
(e) Act on applications for issuance and revocation of immigrant visas;
30 
(f) Act on petitions for declaration of indigency;


1 
(g) Declare such control posts, landing places, airports or ports as points of
2 
entry or exit, whether limited or unlimited;
3 
(h) Increase, reduce or waive immigration fees, fines, penalties and other
4 
charges;
5 
(i) Participate as member of the Special Committee on Naturalization pursuant
6 
to Section 6 of Republic Act No. 9139 otherwise known as "The Administrative
7 
Naturalization Law of 2000";
8 
(j) Act on applications for retention or reacquisition of citizenship under
9 
Republic Act No. 9225 otherwise known as "Citizenship Retention and Re-acquisition
10 
Act of 2003";
11 
(k) Issue Certificate of Identification to foreigners who have obtained Filipino
12 
citizenship;
13 
(I) Issue letter orders and permits to carry firearms, ammunition and
14 
communications equipment to authorized immigration operatives for use in
15 
enforcement operations and in the execution of warrants: Provided, That such
16 
firearms and ammunition are owned and issued by the Commission;
17 
(m) Inspect the documents, premises and records of persons covered by this
18 
Act;
19 
(n) Deputize any official or employee of the national government and local
20 
government units, including uniformed personnel of the Armed Forces of the
21 
Philippines, the Philippine National Police and the Philippine Coast Guard to perform
22 
immigration duties and functions subject to the concurrence of the Board;
23 
(o) Authorize and prescribe the forms and the amount of cash bonds for the
24 
provisional release of respondents in deportation proceedings;
25 
(p) Impose reasonable fines and penalties for violation of immigration and alien
26 
registration laws in accordance with this Act and the guidelines adopted by the
27 
Commission;
28 
(q) Provide an express lane for the rendition of services upon payment of
29 
prescribed fees by airlines/shipping companies or other persons served and to deposit
30 
in a government-authorized depository bank all such fees received under a trust fund
31 
that may be made available for the payment of allowances to employees of the
32 
Commission, subject to existing accounting and auditing rules and regulations;


1 
(r) Accept donation of materials, equipment or technical services from any
2 
foreign government, international or domestic organization, to upgrade the efficiency
3 
and operations of the Commission;
4 
(s) Submit to the President and Congress, annually or as may be directed, a
5 
report on the: (1) number and status of foreigners in the Philippines; (2) foreigners
6 
admitted or granted change of status as permanent residents; (3) foreigners who have
7 
been excluded or deported from the Philippines; (4) estimated number of illegal
8 
foreigners in the Philippines in each calendar year and actions taken to arrest them,
9 
by nationality grouping, for each region in the Philippines; and (5) such other
10 
transactions of the Commission;
11 
(t) Prepare and submit supplemental budget of the Commission for the
12 
consideration of the Department of Budget and Management;
13 
(u) Prescribe such rules, regulations or other administrative issuances to carry
14 
out the provisions of this Act;
15 
(v) Prescribe the appropriate forms, bonds, reports, entries and other papers in
16 
accordance with this Act;
17 
(w) Act on applications for recognition of Philippine citizenship on foundlings;
18 
and
19 
(x) Perform such other functions inherent to the Commission.
20 
CHAPTER 3
21 
THE DEPUTY COMMISSIONERS
22 
Sec. 8. Appointment and Rank of Deputy Commissioners. - There shall be four
23 
(4) Deputy Commissioners who shall be appointed by the President. They shall have
24 
the same rank, salary and privileges of an Assistant Secretary of a Department:
25 
Provided, that a piantiHa for one (1) Deputy Commissioner shall be created which shall
26 
be occupied by a career officer from the Commission.
27 
Sec. 9. Duties of Deputy Commissioners. - In addition to their duties as
28 
members of the Board, the Deputy Commissioners shall exercise additional powers,
29 
subject to the approval of and as may be assigned by the Board, in the following areas
30 
of concern as:


1 
(a) Deputy Commissioner for Administration, Finance, Planning, Legal and
2 
Information and Communications Technology;
3 
(b) Deputy Commissioner for Regional Operations, Registration, Immigration
4 
Regulation and Visa and Special Permit;
5 
(c) Deputy Commissioner for Intelligence, Enforcement, Fraud Prevention and
6 
Complaint and Prosecution; and
7 
(d) Deputy Commissioner for International Policies, Cooperation and Social
8 
Integration.
9 
CHAPTER 4
10 
THE BOARD OF COMMISSIONERS
11 
Sec. 10. Powers and Functions of the Board. - The Board shall have the
12 
following powers and functions:
13 
(a) Decide on deportation cases;
14 
(b) Act on appeals on decisions promulgated by immigration hearing officers;
15 
(c) Act on applications or recommendations for revocation of immigration
16 
status;
17 
(d) Act on applications for recognition of Philippine citizenship by reason of birth
18 
or marriage;
19 
(e) Act on applications for recognition of Philippine citizenship of foundlings;
20 
(f) Decide on applications for legalization of residence in accordance with law;
21 
(g) Prescribe and promulgate rules of proceedings before it;
22 
(h)Cite and punish for contempt any person in accordance with the Rules of
23 
Court;
24 
(i) Prepare and publish operations manual and rules of procedure, including
25 
schedule of fees, for all transactions entered into by the Commission with the public;
26 
(j) Formulate policies, directives, programs and projects of the Commission;
27 
and
28 
(k) Perform such other powers and functions as provided by existing laws, rules
29 
and regulations not inconsistent with any of the provisions of this Act.


1 
Sec. 11. Decisions of the Board. - In all cases or proceedings before the Board,
2 
the decision of the majority shall prevail. Decisions of the Board shall become final
3 
and executory fifteen (15) days from receipt thereof. Only one (1) motion for
4 
reconsideration shall be filed with the Board.
5 
Decisions in deportation cases may be appealed to the Office of the President
6 
within fifteen (15) days from receipt thereof, whose decision shall be final and
7 
executory unless stayed by an order of the Court of Appeals. The appeal shall stay the
8 
execution of the decision appealed from unless the Board, in the interest of national
9 
security and/or public safety, directs its execution pending appeal.
10 
Sec. 12. Period for Decision by the Board. - The Board shall decide deportation
11 
cases within thirty (30) days from the date they are submitted for decision or
12 
resolution.
13 
Sec. 13. Meetings of the Board. - In all cases, the Board shall convene and act
14 
as a collegial body in all matters referred to in Section 10 of this Act. The Board shall
15 
meet at least once a week or, if necessary, twice a week. Members of the Board shall
16 
be notified accordingly and the presence of the Chairperson and two (2) members
17 
shall constitute a quorum.
18 
Sec. M. Board Secretary. - The Board shall be assisted by a Board Secretary
19 
who shall be appointed by the Commissioner. He/she must be a member of the
20 
Philippine Bar in good standing for at least three (3) years prior to his/her
21 
appointment. He/she shall keep a docket book for deportation cases, applications for
22 
revocation of immigration status, applications for recognition of Philippine citizenship
23 
by reason of birth or marriage, applications for legalization of residence and
24 
applications for refugee status.
25 
CHAPTER 5
26 
THE EXECUTIVE DIRECTOR
27 
Sec. 15. Appointment and Tenure. - There shall be an Executive Director of the
28 
Commission who shall be appointed by the President, and whose term shall be co-
29 
terminus with the Commissioner. He/she must be a natural-born citizen of the
10


1 
Philippines, at least thirty (30) years of age and a member of the Philippine Bar in
2 
good standing for at least five (5) years prior to his/her appointment.
3 
Sec. 16. Powers and Duties. - The Executive Director shall:
4 
(a) Advise and assist the Commissioner in the formulation and implementation
5 
of the objectives, policies, plans and programs of the Commission;
6 
(b) Oversee all the operational activities of the Commission;
7 
(c) Coordinate the programs and projects of the Commission and be responsible
8 
for its economical, efficient and effective administration;
9 
(d) Administer oaths in connection with all matters relating to the business of
10 
the Commission; and
11 
(e) Perform such other duties as may be assigned by the Commissioner.
12 
CHAPTER 6
13 
THE BOARD OF SPECIAL INQUIRY
14 
Sec. 17. Constitution of Boards of Special Inquiry. - There shall be constituted
15 
as many Boards of Special Inquiry as required in the exigency of service but not more
16 
than twelve (12). Each Board shall be composed of a Chairperson and two (2)
17 
members. The Board shall be designated according to their areas of specialization to
18 
be determined by the Board.
19 
Sec. 18. Appointment and Qualification of the Chairpersons and Members of
20 
the Boards of Special Inquiry. - The Chairpersons and Members of the Boards of
21 
Special Inquiry shall be appointed by the Commissioner, all of whom shall be natural-
22 
born citizens of the Philippines and, at the time of their appointment, at least thirty
23 
(30) years of age, members of the Philippine Bar in good standing, and engaged in
24 
the practice of law for at least three (3) years. They shall hold office during good
25 
behavior, unless sooner removed for cause.
26 
Sec. 19. Powers and Functions of the Boards of Special Inquiry. - The Boards
27 
of Special Inquiry shall exercise the following powers and functions:
28 
(a) Administer oaths;
29 
(b) Cite and punish for contempt in accordance with the Rules of Court;
11


1 
(c) Issue subpoena in cases being heard by the Board of Special Inquiry;
2 
(d) Recommend to the Board the imposition, waiver or reduction of fees, fines,
3 
penalties and other charges subject to existing laws, rules and regulations;
4 
(e) Exercise exclusive original authority to hear and recommend to the Board
5 
for final resolution the following cases:
6 
(1) Deportation;
7 
(2) Applications for revocation of immigration status;
8 
(3) Applications for recognition of Philippine citizenship by reason of
9 
birth or marriage;
10 
(4) Applications for legalization of residence in accordance with law;
11 
(5) Application for issuance of visa for stateless person; and
12 
(f) Perform such other duties and functions as may be directed by the
13 
Commissioner.
14 
Sec. 20. Proceedings Before the Boards of Special Inquiry. - The proceedings
15 
before the Boards of Special Inquiry shall be public and recorded. In all cases, the
16 
Boards of Special Inquiry shall meet and act as a collegial body. Only members of the
17 
Philippine Bar in good standing shall appear for and in behalf of any party before the
18 
Boards of Special Inquiry.
19 
Sec. 21. Resolutions of the Boards ofSpeciailnquiry. - Cases before the Boards
20 
of Special Inquiry shall be resolved within five (5) working days from the date the
21 
same are submitted for resolution. Said resolution shall be submitted immediately to
22 
the Board for action.
23 
CHAPTER 7
24 
DIVISIONS OF THE COMMISSION
25 
Sec. 22. Divisions and Other Operating Offices of the Commission. - The
26 
Commission shall have the following divisions and other operating offices, namely: (1)
27 
Administration; (2) Finance; (3) Information and Communications Technology; (4)
28 
Planning and Research; (5) International Policies and Cooperation; (6) Social
29 
Integration; (7) Intelligence; (8) Law Enforcement; (9) Fraud Prevention; (10) Legal;
30 
(11) Immigration Regulation; (12) Registration; (13) Visa and Special Permit; (14)
12


1 
Complaint and Prosecution; (15) Internal Audit Office; (16) National Operations
2 
Center; and (17) Immigration Academy of the Philippines.
3 
Sec. 23. Heads of the Divisions and Other Operating Offices. - Each Division
4 
and other operating offices shall be headed by a Director to be appointed by the
5 
Secretary, upon recommendation of the Commissioner: Provided, however, That
6 
Directors for the Division for Legal and the Division for Complaint and Prosecution
7 
shall be members of the Philippine Bar in good standing, and must have been engaged
8 
in the practice of law for at least three (3) years: Provided, further. That the Director
9 
for Finance Division shall be a Certified Public Accountant in good standing for at least
10 
three (3) years.
11 
Sec. 24. Duties and Functions of the Divisions and Other Operating Offices. -
12 
The different divisions and other operating offices of the Commission shall operate in
13 
accordance with their respective duties and functions as defined by the Commissioner,
14 
subject to the requirements of efficiency, economy, transparency, accountability and
15 
effectiveness, and pertinent budget and civil service laws, rules and regulations.
16 
CHAPTER 8
17 
REGIONAL OFFICES
18 
Sec. 25. Fieid Offices of the Commission. - The Commission shall operate and
19 
maintain a Regional Immigration Office in each of the administrative regions, including
20 
the National Capital Region.
21 
The Regional Immigration Offices of the Commission shall each be headed by
22 
a Regional Immigration Officer, all of whom shall be appointed by the Secretary upon
23 
the recommendation of the Commissioner.
24 
Sec. 26. Border Control Stations. - There shall be established Border Control
25 
Stations which shall be manned by Border Control Officers appointed by the
26 
Commissioner. The Border Control Stations shall be placed in specific areas in the
27 
Philippines which shall be determined by the Board. Their duties and responsibilities
28 
shall be determined by the Commissioner.
13


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


1 
work or service to be rendered is to be paid by the airline, shipping companies or other
2 
persons served.
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Sec. 31. Deployment of Immigration Personnel Abroad. - Within ninety (90) 
days from the effectivity of this Act, the Department of Foreign Affairs (DFA) and the 
Commission shall enter into a Memorandum of Agreement pertinent to the assignment 
and deployment of immigration personnel to select consular posts abroad who shall 
perform immigration duties, except diplomatic and consular functions.
Sec. 32. Manning Levels. - On the average, the manning levels of immigration 
officers of the Commission nationwide shall be in accordance with the number of 
arrivals in each port of entry as determined by the Board: Provided, That the number 
of employees, as provided in the staffing pattern in accordance with Section 130 of 
the Act, shall not be decreased.
TITLE III 
IMMIGRATION 
CHAPTER 1 
NON-IMMIGRANTS
Sec. 33. Categories of Non-immigrants and Types of Visas Issued. - Foreign 
nationals departing from any place outside the Philippines who are otherwise 
admissible and who qualify under any one of the following categories may be admitted 
as non-immigrants:
(a) Temporary Visitors (A Visas): Visitors coming to the Philippines for a 
temporary period for reasons of business, pleasure or health:
(1) Business (A-1 visa): Temporary visitors engaged in activities of a 
commercial or professional nature for a foreign employer or for themselves that 
will not result in gainful employment in the Philippines. As used herein, the term 
"business" shall refer to conventions, conferences, consultations and other 
legitimate activities of a commercial or a professional nature, but does not 
include local employment or labor for hire;
(2) Pleasure (A-2 visa): Temporary visitors who stay in the Philippines 
for holiday, including sightseeing, recreation or visiting relatives; and
15


1 
(3) Health (A-3 visa): Temporary visitors who stay in the Philippines to
2 
avail of medical treatment.
3 
(b) Transit Persons (B Visa); Persons passing through the Philippines solely for
4 
a "stop over" who have a confirmed connecting flight to another country or passengers
5 
in immediate and continuous transit to a destination outside the Philippines;
6 
(c) Crew members (C Visa): Members of the crew of vessels required for the
7 
normal operation and servicing of the vessels who come to the Philippines temporarily
8 
as part of their jobs either arriving with or coming to join the vessels;
9 
(d) Treaty Traders (D-1 Visa) and Treaty Investors (D-2 Visa): Citizens and their
10 
family members from a country that has a trade treaty with the Philippines and coming
11 
to work in the Philippines for either a company they own or one that is at least fifty
12 
percent (50%) owned by nationals of their home country and which company is
13 
engaged in substantial trade between the Philippines and their home country shall be
14 
granted a D-1 visa.
15 
Citizens of a country that has an investor treaty with the Philippines, and their
16 
family members, and coming to work in the Philippines for a business they own or one
17 
that is at least fifty percent (50%) owned by nationals of their home country and
18 
which business is supported by a substantial investment from nationals of their home
19 
country shall be granted a D-2 visa;
20 
(e) Accredited Foreign Government Officials, Their Families and Attendants
21 
(E Visas): Foreign government officials, their families and attendants coming to the
22 
country for official purpose, pursuant to international conventions and bilateral
23 
agreements, shall be granted E Visas divided into three (3) types, namely:
24 
(l)The E-1 Visa shall be issued to persons enjoying diplomatic
25 
immunities and privileges, particularly the following classes of foreign nationals:
26 
(i) Heads of the State and Heads of Government and their
27 
personal representatives;
28 
(ii) Members of reigning royal families recognized by the
29 
Philippine Government;
30 
(iii) Governors-General, Governors, and High Commissioners of
31 
dependent territories and their personal representatives;
16


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20 
21 
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30
31
32
(iv) Cabinet ministers and their deputies and officials with 
cabinet rank of ministers;
(v) 
Presiding officers of national legislative bodies;
(vi) Justices or judges of the highest national judicial bodies;
(vii) Diplomats and career consular officials;
(viii) Diplomatic couriers regularly and professionally employed as
such;
(ix) Military, naval, air and other attaches assigned to a 
diplomatic mission;
(x) 
All members of official special missions of a diplomatic 
character;
(xi) Officials of international organizations bearing diplomatic 
passports when traveling on official business;
(xii) Representatives of international organizations who have 
diplomatic status and bearing diplomatic passports issued by their 
governments;
(xiii) Members of delegations proceeding to or from an 
international conference of an official or diplomatic nature;
(xiv) Accompanying spouses and unmarried minor children of 
foreigners within the abovementioned categories; and
(xv) Such other officials going to the Philippines on diplomatic 
missions.
(2)The E-2 visa shall be issued to any other person not included in the 
foregoing list, who is an officer of a foreign government recognized by the 
Philippines, is a national of the country whose government he represents, and 
is proceeding to the Philippines in connection with official business for his/her 
government, which may include the following:
(i) 
Members of the staff of a diplomatic mission or consular 
post, the staff of international organizations, and official students or 
participants in programs under the auspices of the Philippine 
Government or recognized international institutions; and
(ii) 
Family members of the above-mentioned persons.
17


1 
(3) The E-3 Visa shall be issued to the members of the household, the
2 
attendants, servants and employees of persons to whom E-1 and E-2 visas have
3 
been granted;
4 
(f) Students (F Visa): Foreign students having means sufficient for their support
5 
and education in the Philippines who seek to enter the Philippines temporarily for the
6 
sole purpose of taking up a course of study higher than high school at a university,
7 
seminary, academy or college accredited for such foreign students by the Commission
8 
on Higher Education (CHED) in collaboration with the Commission: Provided, That
9 
such collaboration shall include the monitoring of the status of activities of such foreign
10 
students in the Philippines;
11 
(g) Prearranged Employment (G Visa): Foreign nationals coming to the
12 
Philippines on prearranged employment, including their family members
13 
accompanying or following to join them within the period of their employment. This
14 
category includes intra-company transferees, professionals, performing artists,
15 
athletes, and cultural exchange workers under a work exchange program;
16 
(h) Religious Workers (H Visa): Duly ordained or professional missionaries and
17 
religious ministers, including members of their family, coming to the Philippines to join
18 
a religious congregation or denomination duly registered with the Securities and
19 
Exchange Commission, upon invitation, sponsorship or guarantee of such religious
20 
congregation or denomination, solely for the purpose of propagating, teaching and
21 
disseminating their faith or religion;
22 
(i) Representatives of International Organizations and Government Agencies
23 
(I Visa): Officials, principal representatives and foreign workers of accredited
24 
international organizations as well as missions, including their family members, staff
25 
and servants. As used herein, the term "accredited international organization" shall
26 
include any public international organization engaged in activities of which the
27 
Philippines participates in pursuant to any treaty or under the authority of any act of
28 
the Congress of the Philippines authorizing such participation or making an
29 
appropriation for such participation, and such other international organizations,
30 
institutions, agencies, programs, foundations and entities which are recognized by the
31 
government of the Republic of the Philippines, including those existing and already
18


1 
recognized as such at the time of the effectivity of this Act. The term "staff" includes
2 
the employees of persons to whom the E-3 visa has been granted;
3 
(j) Media Workers (J Visa): Foreign media personnel or correspondents, duly
4 
accredited by the government agency concerned, who are bona fide representatives
5 
of a foreign press, radio, satellite, television, film, or other information media, and are
6 
coming to the Philippines solely to engage in gathering information principally for
7 
dissemination abroad, including their family members accompanying or following to
8 
join them during the period of the assignment in the Philippines;
9 
(k) Exchange Visitors (K Visa): Foreign nationals entering the Philippines to
10 
teach, study, observe, conduct research or receive training in a specific Exchange
11 
Visitor Program duly approved by the Philippine Government;
12 
(I) Refugees (L-1 Visa) and Stateless Persons (L-2 Visa): Refugees as defined
13 
in Section 3 (z) of this Act shall be issued L-1 Visa. Stateless persons, whose admission
14 
for humanitarian reasons and not inimical to public interest has been approved by the
15 
Commissioner or the President in such cases and under such conditions as he or she
16 
may prescribe, shall be issued L-2 Visa; and
17 
(m) Special Non-Immigrants (M Visas): Such other foreign nationals including
18 
their family members who may be admitted as non-immigrants under special laws or
19 
foreign nationals not otherwise provided for by this Act who are coming for temporary
20 
periods only, and whose admission is authorized by the Commissioner or the President
21 
in the interest of the public or for humanitarian considerations and under such
22 
conditions as he may prescribe.
23 
SEC 33-A. Visa Policy. - The policies governing the issuance, extension, renewal
24 
and conversion of visas referred to in Section 33 of this Act shall be jointly formulated
25 
by the Commission and the DFA and, when appropriate, the Commission and the DFA
26 
shall consult with the other government agencies or offices concerned.
27 
Any visa policy or guideline to be implemented abroad shall be done by the
28 
DFA, with due notice to the Commission and other government agencies and/or offices
29 
concerned.
30 
Sec. 33-B. Visa Issuance Overseas. - All non-immigrant visas issued outside of
31 
the Philippines shall be issued by Consular Officers of the DFA duly assigned at
19


1 
Philippines posts abroad. Immigrant visas, whenever issued abroad, shall be
2 
performed by the Consular Officers upon the approval of the Commission through the
3 
DFA.
4 
CHAPTER 2
5 
IMMIGRANTS
6 
Sec. 34. Quota Immigrants. - Subject to conditions set forth in this Act, there
7 
may be admitted into the Philippines, immigrants, otherwise known as "quota
8 
immigrants", not to exceed two hundred (200) of any one nationality based on
9 
immigration reciprocity for any one calendar year and upon allotment by the
10 
Commissioner of the corresponding quota number. In the allotment of quota numbers,
11 
the following order of preference shall be observed:
12 
(a) First Preference: Those whose service and qualifications show high
13 
educational attainment, technical training, specialized experience, or exceptional
14 
ability in the sciences, arts, professions, or business as would reasonably enhance and
15 
contribute substantial benefits prospectively to the national economy, or cultural or
16 
educational interests or welfare of the Philippines, including their family members,
17 
accompanying or following to join them, who shall likewise be allotted individual quota
18 
numbers;
19 
(b) Second Preference: Parents of a naturalized Philippine citizen;
20 
(c) Third Preference: Spouses or minor children of foreign nationals who are
21 
lawful permanent residents of the Philippines; and
22 
(d) Fourth Preference: Parents of foreign nationals who are lawful permanent
23 
residents of the Philippines.
24 
Sec. 35. Allotment of Quota. - The Commissioner shall, with respect to the first
25 
preference, allot not more than fifty percent (50%) of the annual quota allotment up
26 
to the end of June each year: Provided, however, That if the fifty percent (50%)
27 
allocation was not utilized by the first preference, the balance thereof shall be given
28 
to the second, third, and fourth preferences in accordance with Section 34 of this Act.
29 
Any unused quota allotment for a calendar year cannot be carried over and utilized
30 
for the ensuing calendar year.
20


1 
Sec. 36. Basis in Determination of Quota Allotment - The nationality of an
2 
immigrant whose admission is subject to the numerical limitation imposed by Section
3 
34 of this Act shall be that of the country of which the immigrant is a national or a
4 
citizen. The nationality of an immigrant possessing dual nationality may be that of
5 
either of the two countries regarding him/her as a national or citizen if he/she applies
6 
for a visa in a third country. If he/she applies for a visa within one of the two countries
7 
regarding him/her as a national or citizen, his/her nationality shall be that of the
8 
country in which he/she files his/her application for a visa to enter the Philippines.
9 
Sec. 37. Non-Quota Immigrants. - The following immigrants, known as "non-
10 
quota immigrants", may be admitted without regard to numerical limitation and
11 
immigration reciprocity:
12 
(a) The spouse of a Philippine citizen: Provided, however, That the
13 
abandonment and failure to give support by a foreign spouse to his/her Filipino spouse
14 
and family, legal separation, or termination of the marital status by annulment,
15 
declaration of nullity of marriage or divorce where the cause is attributable to the
16 
foreign spouse, shall constitute grounds for cancellation of the immigrant visa issued
17 
to the foreign spouse;
18 
(b) A person of Filipino descent regardless of generation;
19 
(c) A child born to a foreign mother during her temporary visit abroad, the
20 
mother being a lawful permanent resident of the Philippines, if accompanied by or
21 
coming to join the mother who applies for admission within five (5) years from the
22 
birth of the child;
23 
(d)A child born subsequent to the issuance of an immigrant visa to the
24 
accompanying parent, the visa not having expired or revoked;
25 
(e)A foreign national who had been previously lawfully admitted into the
26 
Philippines for permanent residence who is returning from a temporary visit abroad to
27 
an unrelinquished residence in the Philippines; and
28 
(f) A natural-born citizen who becomes a naturalized citizen of a foreign country
29 
and is returning to the Philippines for permanent residence therein, including his/her
30 
spouse and minor children accompanying or following to join him/her, except the one
21


1 
who has re-acquired or retained his/her Philippine citizenship pursuant to Republic Act
2 
No. 9225.
3 
Sec. 38. Status of Children Born to Foreign Nationals. - (a) A child born in the
4 
Philippines to parents who are foreign nationals and lawful residents of the Philippines
5 
shall be deemed a native-born permanent resident, (b) A child born to parents who
6 
are both non-immigrants shall be deemed a native-born non-immigrant or temporary
7 
resident and may remain in the Philippines only during the period of authorized stay
8 
of the parents, unless he/she reaches the age of eighteen (18) years while
9 
continuously residing in the Philippines, in which case he/she may apply for
10 
naturalization under existing laws or for an appropriate visa.
11 
CHAPTER 3
12 
ADJUSTMENT OF STATUS
13 
Sec. 39. Conditions for Adjustment of Status of Foreign Nationals. - The status
14 
of a foreign national admitted into the Philippines as non-immigrant may be adjusted
15 
by the Board to that of a foreigner lawfully admitted as a permanent resident if: (a)
16 
the foreigner makes an application for such adjustment; (b) the foreigner is eligible to
17 
receive a quota or non-quota immigrant visa and is admissible to the Philippines as a
18 
permanent resident: and (c) a quota immigrant visa, if such is the case, is immediately
19 
available to him/her at the time of his/her application, without the need of first
20 
departing from the Philippines. In all such cases, the personal appearance of the
21 
foreigner shall be required during the consideration of his/her application.
22 
Sec. 40. Effect of Approval of Application for Adjustment - Upon the approval
23 
of an application for adjustment of status under the preceding section, the
24 
Commissioner shall record the foreign national's lawful admission as a permanent
25 
resident as of the date of the approval of the application and shall be included as part
26 
of the quota for the calendar year in accordance with Section 34 of this Act.
27 
Sec. 41. Adjustment of Status, When Not Allowed. - Adjustment of status under
28 
Section 39 of this Act shall not be applicable to (a) a foreign crewmember, (b) a foreign
29 
national who has violated or is in violation of immigration laws, rules and regulations
22


1 
unless the same is through no fault of his/her own or for purely technical reasons, (c)
2 
a foreign national admitted as a temporary visitor without visa, and (d) transients.
3 
CHAPTER 4
4 
DOCUMENTATION AND ADMISSION OF NON-IMMIGRANTS
5 
Sec. 42. 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 to or other travel
8 
documents showing their nationality and identity as prescribed by regulations and a
9 
valid visa granted by the Philippine Consular Officer, if required under existing laws,
10 
rules, regulations, or multilateral or bilateral agreements.
11 
Sec. 43. Conditions and Period of Authorized Stay of Temporary Visitors. - The
12 
initial period of authorized stay of a foreign national admitted as a temporary visitor
13 
under Section 33 of this Act shall not exceed two (2) months from the date of arrival.
14 
Extensions of authorized stay may be granted under terms and conditions as may be
15 
prescribed by the Commissioner: Provided, That the total period of authorized stay
16 
shall not exceed twenty-four (24) months: Provided, further. That during the foreign
17 
national's authorized stay: (a) he/she shall not take any employment, whether paid or
18 
unpaid; (b) he/she shall not establish or join in any business; or (c) he/she shall not
19 
enroll and become a student at a school, college, university, academy, or other
20 
educational institution, unless he/she is granted, upon proper application, a conversion
21 
to another immigration status provided under this Act.
22 
Sec. 44. Conditions for Issuance of Pre-arranged Visas. - A foreigner who is
23 
coming to the Philippines for prearranged employment shall not be issued a non-
24 
immigrant visa referred to in Section 33 (g) until the Consular Officer shall have
25 
received authorization for the issuance of the same. Such authorization shall be given
26 
only upon the filing of a petition with the Board establishing, among others, that no
27 
person can be found in the Philippines willing and competent to perform the work or
28 
service for which the foreigner is desired and that his/her admission would be
29 
beneficial to the public interest. The petition shall be under oath by the prospective
30 
employer or his/her representative in the form and manner prescribed by the Board.
23


1 
If the Board finds that the petition complies with the requirements of the
2 
preceding paragraph and of other regulations, it shall grant the petition and shall
3 
promptly transmit the authorization to the DFA and/or the Consular Office concerned.
4 
Sec. 45. Submission of Crew List and Passenger Manifest to the Commission. -
5 
Simultaneous to the vessel's departure from the port of origin, the master, captain,
6 
agent, owner or consignee of any commercial vessel arriving to the Philippines shall
7 
submit to the Commission, within a reasonable time prior to such arrival, the crew
8 
lists, passenger manifests and such other information concerning the persons arriving
9 
on such a vessel. In the same manner and condition, the master, captain, agent,
10 
owner or consignee of any commercial vessel departing from any port in the
11 
Philippines shall submit to the Commission, within a reasonable time prior to such
12 
departure, the crew list, passenger manifest and such other information concerning
13 
the persons departing on such vessel. The crew list of an incoming sea craft shall be
14 
duly visaed by the appropriate Consular Officer.
15 
Sec. 46. Inspection of Crew members. - It shall be the duty of the master,
16 
captain, agent, owner or consignee of any vessel arriving in the Philippines to have
17 
available on board, for inspection by the Immigration Officer, any foreign crewmember
18 
employed on such vessel and to detain such crewmember on board after inspection
19 
and to remove such crewmember when required by the immigration authorities. No
20 
crewmember on board such vessel shall be discharged while the vessel is in port
21 
without the permission of the Commissioner.
22 
Sec. 47. Permission for Temporary Landing of a Foreign Crewmember. - A
23 
foreign crewmember on a vessel arriving in the Philippines may be permitted to land
24 
temporarily under such conditions as may be prescribed by the Commissioner. All
25 
expenses incurred by the Commission while the crewmember is on land shall be borne
26 
by the master, captain, agent, owner or consignee of the carrying vessel.
27 
CHAPTER 5
28 
REFUGEE STATUS
29 
Sec. 48. Grant of Refugee Status. - Persons seeking refugee status may apply
30 
for recognition as a refugee upon seeking admission at any port of entry or within a
24


1 
reasonable time thereafter. Refugee status shall be granted after a determination by
2 
the Board that an applicant meets the qualifications of a refugee as defined in Section
3 
3 (z) of this Act. Refugee status shall not be granted to an applicant if he/she:
4 
(a) has committed a crime against peace, a war crime, crime against humanity
5 
or any other crime under international law;
6 
(b) has committed a serious non-political crime outside the Philippines prior to
7 
his admission as a refugee; or
8 
(c) has been guilty of an act contrary to the purposes and principles of the
9 
United Nations.
10 
Sec. 49. Cessation of Refugee Status. - Refugee status granted under the
11 
previous section shall cease if a refugee:
12 
(a) Voluntarily repatriates himself/herself or has re-established himself/herself
13 
in another State;
14 
(b) Acquired a new nationality and enjoys the protection of such a State; or
15 
(c) Can no longer continue to refuse to avail the protection of the country of
16 
his/her nationality or, not having a nationality, is able to return to the country of
17 
former habitual residence in view of the cessation of the reasons that resulted to
18 
his/her being a refugee: Provided, That this ground shall not apply if a refugee is able
19 
to invoke compelling reasons arising out of the previous persecution.
20 
Sec. 50. Effect of Grant of Refugee Status to Refugee Dependents. - A spouse,
21 
minor child, and other dependents of a foreigner who is granted a refugee status may,
22 
if not otherwise eligible under Section 48, be granted the same status as the refugee
23 
to assure family unity or when it is in the public interest.
24 
Sec. 51. Confidentiality of Information. - In proceedings for the recognition of
25 
refugee status, the confidentiality of information shall be respected and no information
26 
relating to the refugee shall be shared with the country of origin or country of former
27 
habitual residence, directly or indirectly.
28 
Sec. 52. Burden of Proof - In proceedings for the recognition of refugee status,
29 
the burden of proof lies with the applicant, subject to the principle of non-refoulement.
25


1 
Sec. 53. Stay of Exclusion or Deportation. - Notwithstanding the provisions of
2 
Sections 78 and 86, the exclusion from entry and deportation of a foreigner shall be
3 
stayed during the pendency of an application for refugee status. Where grounds under
4 
Section 78 are present, the refugee shall be allowed entry and the application shall be
5 
immediately referred by the Immigration Officer to the Board.
6 
Sec. 54. Detention of Refugees. - Detention of applicants for refugee status
7 
shall only be resorted to in cases arising out of illegal entry or unauthorized stay after
8 
consideration of other alternatives, as may be determined by the Commissioner.
9 
CHAPTER 6
10 
DOCUMENTATION AND ADMISSION OF IMMIGRANTS
11 
Sec. 55. Documentary Requirements of Immigrants; Instances When Not
12 
Required. - Immigrants must present for admission into the Philippines valid passports
13 
or travel documents issued by the government of the country to which they owe
14 
allegiance, showing their nationality and identity and valid visas issued by the Consular
15 
Officer indicating the date of issue and the period of validity thereof. Immigrant visas
16 
shall not be required of the following;
17 
(a) A child born subsequent to the issuance of a valid immigrant visa to the
18 
accompanying parent;
19 
(b) A child born during the temporary visit abroad of the mother who is a lawful
20 
permanent resident of the Philippines and a holder of a valid reentry permit, if the
21 
child is accompanied by either parent within five (5) years from the date of the child's
22 
birth; and
23 
(c) A foreigner who is returning to an unrelinquished lawful permanent
24 
residence in the Philippines after a temporary residence abroad and presents for
25 
admission a valid reentry permit.
26 
CHAPTER 7
27 
VISA ISSUANCE
28 
Sec. 56. Nature of Visa. - Nothing in this Act shall be construed to automatically
29 
entitle any foreign national to whom a visa or other travel document has been issued
26


1 
to enter the Philippines if, upon arrival at a port of entry, he/she is found to be
2 
inadmissible under this Act or any other law.
3 
Sec. 57. Requirement of Issuance of Visa. - Under the conditions and subject
4 
to the limitations prescribed in this Act or regulations issued hereunder, the
5 
Commissioner may approve the issuance of an immigrant visa upon the
6 
recommendation of a Consular Officer in the following manner:
7 
(a) An immigrant visa may only be issued to a foreign national who has made
8 
a proper application therefor, which shall specify the foreign country, if any, to which
9 
the quota the number is assigned, the immigrant's particular status in such country,
10 
the preference to which the foreigner is classified, the date on which the validity of
11 
the visa shall expire, and such additional information as may be required.
12 
(b) The DFA, through its Consular Office abroad and through the Office of the
13 
Visa Director, shall approve the issuance of a non-immigrant visa to a foreign national
14 
who has made a proper application therefor in accordance with Section 33 of this Act.
15 
All diplomatic visas identified under Section 33 (e) of this Act shall be exclusively
16 
issued by the DFA in accordance with the Vienna Convention on Diplomatic Relations.
17 
All other non-immigrant visas identified under Section 33 shall be issued by the
18 
Consular Officer, when the application is made abroad, or may be issued by the Office
19 
of the Visa Director of the DFA, when the application is made in the Philippines for
20 
conversion or renewal.
21 
The issuance of special non-immigrant visas falling under the jurisdiction of a
22 
particular government office or agency can only be done in coordination with and upon
23 
recommendation of the government agency or office concerned.
24 
Sec. 58. Requirements for Physical and/or Mental Examination Prior to Issuance
25 
of Immigrant Visa. - Prior to the issuance of an immigrant visa to any foreign national,
26 
the Consular Officer shall require such person to submit to a physical and mental
27 
examination in accordance with such regulations as may be prescribed by the
28 
Commissioner. In addition, said foreign nationals shall be required to personally plant
29 
fifty (50) trees, except when he/she is physically incapable of doing so, in which case,
30 
he/she may cause another person to plant the trees.
27


1 
Sec. 59. Validity of Visa. - A non-immigrant or immigrant visa issued by a
2 
Consular Officer abroad pursuant to Section 57 of this Act shall be valid for a period
3 
not exceeding six (6) months. In prescribing the period of validity of a non-immigrant
4 
visa, the Consular Officer shall, insofar as practicable, accord to such nationals the
5 
same treatment on a reciprocal basis as such foreign country accords to citizens of
6 
the Philippines who are within a similar class. An immigrant visa may be replaced
7 
under the original number during the calendar year in which the original visa was
8 
issued for a foreigner who establishes to the satisfaction of the Consular Officer that
9 
he/she was unable to use the original immigrant visa during the period of its validity
10 
for reasons beyond his/her control: Provided, That the foreign national is found by the
11 
Consular Officer to be eligible for another immigrant visa and has paid all the fees.
12 
Sec. 60. Denial of Visa, Grounds Thereof - The Consular Officer may deny the
13 
appiication for visa (a) if it appears from the statements in the application or in the
14 
documents submitted the applicant is not entitled to a visa under this Act; or (b) if
15 
he/she fails to comply with the requirements of the provisions of this Act.
16 
Sec. 61. Revocation of Visa Issued by Consular Officer. - The Commissioner
17 
may, for valid cause and upon confirmation of the Secretary of Foreign Affairs, revoke
18 
the visa issued by any Philippine Consular Office. If the notice of revocation is not
19 
received and the visa holder applies for admission into the Philippines, his/her
20 
admission or entry shall be determined by the Immigration Officer upon his/her arrival
21 
at the port of entry.
22 
CHAPTER 8
23 
RE-ENTRY AND EMIGRATION CLEARANCE
24 
Sec. 62. Re-entry. - Every time a registered foreign national, except a
25 
temporary visitor, departs or is about to depart temporarily from the Philippines with
26 
the intention to return, he/she must pay a re-entry fee, emigration clearance fee and
27 
head fee: Provided, That said foreign national returns to the Philippines within a period
28 
of one (1) year from his/her departure in order to maintain his/her visa category, or
29 
apply for an extension of the period within which to return prior to its expiration and
30 
pay the prescribed fees and charges therefor: Provided, further. That if his/her
28


1 
authorized stay is less than one (1) year, he/she shall pay a special return fee,
2 
emigration clearance fee and head fee for every departure: Provided, finally, That in
3 
both cases, if the registered foreign national departs permanently from the Philippines,
4 
he/she shall surrender all his/her Philippine immigration documents to the Commission
5 
and apply for and be issued an Emigration Ciearance Certificate upon payment of the
6 
prescribed fees and charges therefor, subject to the following conditions:
7 
(a) He/she has no pending obligation with the government or any of its
8 
agencies or instrumentalities;
9 
(b) He/she has no pending criminal, civil, or administrative proceeding which
10 
requires his continued presence in the country; and
11 
(c) There is no ongoing legislative inquiry where he/she is called upon to testify
12 
as a witness.
13 
Sec. 63. Emigration Clearance. - Any temporary visitor departing from the
14 
Philippines shall, after the expiration of his/her initial authorized stay, apply for
15 
emigration clearance with the Commission and pay the prescribed fees and charges
16 
therefor.
17 
CHAPTER 9
18 
PRESIDENTIAL PREROGATIVES
19 
Sec. 64. Presidential Prerogatives. - Any provision of this Act to the contrary
20 
notwithstanding, the President may:
21 
(a) Deny the entry and admission into the Philippines of any foreign national or
22 
a class of foreign nationals whenever the President finds that the entry would be
23 
detrimental to the interest of the Philippines or impose such restrictions as he/she may
24 
deem appropriate;
25 
(b) Waive passport and/or documentary requirements for non-immigrants and
26 
immigrants under such terms and conditions as he/she may prescribe;
27 
(c) Change the status of non-immigrants by allowing them to acquire
28 
permanent residence status without necessity of a visa;
29 
(d) Deport any foreign national, subject to the requirement of due process;
29


1 
(e) Admit non-immigrants not otherwise provided for in this Act for
2 
humanitarian considerations and when not detrimental to public interest, under such
3 
terms and conditions as he/she may prescribe;
4 
(f) Prohibit the departure from the Philippines of any person who is likely to
5 
disclose national security information, or who is likely to organize a rebellion abroad
6 
against the Philippines, or whose presence in the country is necessary to face, or be
7 
a witness in, criminal proceedings; and
8 
(g) Exercise, with respect to foreign nationals in the Philippines, such powers
9 
as are recognized by the generally accepted principles of international law.
10 
TITLE IV
11 
PROVISIONS RELATING TO ENTRY
12 
CHAPTER 1
13 
CLASSIFICATION OF PORTS OF ENTRY
14 
Sec. 65. Authority to Classify Ports. - The Commissioner shall classify and
15 
designate, from among the ports of entry established by law for immigration purposes,
16 
limited or unlimited ports of entry through which foreigners may be admitted into the
17 
Philippines. Only such classes of foreigners as provided under the rules and regulations
18 
prescribed by the Commissioner may be admitted at limited ports of entry. The
19 
Commissioner may, after due notice to the public, close designated ports of entry in
20 
the interest of national security or public safety.
21 
CHAPTER 2
22 
PROCEDURES ON ARRIVAL
23 
Sec. 66. Inspection by Immigration Officer. - A foreigner seeking admission or
24 
readmission shall present his/her valid passport and visa, if required, to the
25 
immigration officer at the port of entry and shall be subject to primary inspection. The
26 
decision of the examining Immigration Officer, if favorable to the admission of any
27 
foreigner, may be challenged by another Immigration Officer. The final determination
28 
of admissibility of such foreigner shall be determined by the Commissioner in case no
29 
resolution is reached between the Immigration Officers on the challenged admission.
30


1 
In case of admission, the Immigration Officer shall indicate in the passport the date,
2 
the port of entry and the identity of the vessel boarded.
3 
Sec. 67. Detention or Quarantine for Examination. - For the purpose of
4 
determining whether a foreigner arriving at any port in the Philippines belongs to any
5 
of the classes excludable under this Act by reason of being afflicted with any of the
6 
contagious or communicable disease or mental disorder set forth under Section 78 (a)
7 
of this Act or whenever the Commissioner has received information showing that
8 
foreigners are coming from a country or a place where any of such diseases are
9 
prevalent or widespread, the foreigner shall be detained or quarantined for a
10 
reasonable period of time to enable the immigration and medical officers to subject
11 
such person to observation and examination.
12 
Sec. 68. Medicai Examination Requirement - Any arriving foreign national
13 
whom the examining Immigration Officer believes to belong under the class of
14 
excludable foreign nationals specified in Section 78 (a) herein shall be referred to
15 
designated medical officers for physical and mental examination. Such medical officer
16 
shall certify his/her findings for the information of the Immigration Officer.
17 
Sec. 69. Arrival Notice Requirements of Vessel. - The immigration authorities
18 
shall be given prior notice of the arrival of any civilian vessel before such vessel comes
19 
into any area in the Philippines from any place outside thereof. Such prior notice shall
20 
not be required in the case of vessels with scheduled arrivals filed with the Immigration
21 
Officer in charge at the international port of entry.
22 
If, upon arrival in any area other than the designated port and there is no
23 
available Immigration Officer therein, the master, pilot, captain, agent or consignee
24 
shall not allow the passengers and crew members to disembark or leave the primary
25 
inspection area until the immigration officer shall have conducted the primary
26 
inspection formalities.
27 
Sec. 70. Contents of Notice of Arrival. - The advance notice of arrival required
28 
in the preceding section shall specify the following:
29 
(a) Type of vessel and registration marks;
30 
(b) Visaed crewlist;
31


1 
(c) Passenger manifest;
2 
(d) Port of last departure;
3 
(e) International port of intended destination, or other place authorized by the
4 
Commissioner;
5 
(f) Estimated time of arrival; and
6 
(g) Authorized agent or representative at the place of arrival.
7 
CHAPTER 3
8 
FOREIGN CREWMEMBER
9 
Sec. 71. Conditional Permit to Disembark. - A foreign crewmember of a vessel
10 
under Section 33 (c) of this Act may be granted a conditional permit, in a form
11 
prescribed by regulations, to disembark temporarily from the vessel on which he/she
12 
arrived while such vessel remains in port under such terms and conditions as may be
13 
prescribed by the Commissioner.
14 
Sec. 72. Confiscation and Cancellation of Permit; Deportation from the
15 
Philippines. - Upon the determination that the foreigner is not a bona fide
16 
crewmember or does not intend to depart on the vessel that brought him, the
17 
Commissioner shall cancel and confiscate the conditional permit already issued, take
18 
such foreigner into custody, and require the owner, operator, captain, master, pilot,
19 
agent or consignee of the vessel on which the foreigner arrived to receive and detain
20 
him/her on board. The expenses for his/her removal, including the cost of detention
21 
and other expenses incidental thereto, shall be borne by the owner, operator, captain,
22 
master, pilot, agent or consignee of such vessel.
23 
Sec. 73. Liability for Overstaying Foreign Crewmen. - A foreign crewmember
24 
who remains in the Philippines in excess of the period allowed in the conditional permit
25 
issued to him shall be solidarily liable with the owner, operator, captain, master, pilot,
26 
agent or consignee of the vessel to pay the penalties prescribed in Section 126 of this
27 
Act.
28 
Sec. 74. Liability for Unauthorized Discharge of Foreign Crewmember. - It shall
29 
be unlawful for any person, including the owner, operator, captain, master, pilot,
30 
agent or consignee of any vessel to discharge any foreign crew member employed by
32


1 
a vessel arriving in the Philippines and whilst in port, without first obtaining the prior
2 
permission of the Commissioner. Otherwise, such person or owner, operator, captain,
3 
master, pilot, agent or consignee of the vessel shall pay the Commission such fines as
4 
may be prescribed under this Act. No such vessel shall be granted clearance from any
5 
port in the Philippines while such fines remain unpaid or while the validity thereof is
6 
being determined: Provided, That a clearance may be granted prior to such
7 
determination upon deposit of a sum or cash bond sufficient to cover such fines as
8 
approved by the Commissioner.
9 
Sec. 75. Duty to Report Desertion or liiegai Landing of Foreign Crewmember.
10 
- The owner, operator, captain, master, pilot, agent or consignee of any vessel shall
11 
immediately report, in writing, to the immigration officer all cases of desertion or illegal
12 
disembarkation in the Philippines from the vessel, together with a description of such
13 
foreigners and any information that shall result in their apprehension.
14 
Sec. 76. Requirement for Submission of List of Newiy Empioyed, Discharged
15 
andliiegaiiy Landed Foreign Crewmember. - Prior to the departure of any vessel from
16 
the last port in the Philippines destined to any place outside thereof, the owner,
17 
operator, captain, master, pilot, agent or consignee thereof shall deliver to the
18 
Immigration Officer at that port a list containing: (a) the names of crewmembers who
19 
were not employed thereon at the time of the vessel's arrival on such port but will
20 
depart thereat on the same vessel; (b) the names of those, if any, who have been
21 
discharged; (c) the names of those who have deserted or illegally landed at that port,
22 
if any; and (d) such other additional information as the Commissioner deems
23 
necessary.
24 
Sec. 77. Liabiiity for Faiiure to Submit Compiete, True and Correct Report. - In
25 
case the owner, operator, captain, master, pilot, agent, or consignee, fails to submit
26 
a true and complete list or report of foreigners, or to report cases of desertion or illegal
27 
landing, he/she shall pay to the Commission such sum as may be prescribed under
28 
this Act. No such vessel shall be granted clearance from any port in the Philippines
29 
while such fines remain unpaid or while the validity thereof is being determined:
30 
Provided, That clearance may be granted prior to such determination upon deposit of
31 
a sum or cash bond sufficient to cover such fines as approved by the Commissioner.
33


1 
CHAPTER 4
2 
EXCLUSIONS
3 
Sec. 78. Exclusion Grounds. - The following classes of foreign nationals shall
4 
not be allowed entry and shall be excluded from the Philippines:
5 
(a) Health Related Grounds
6 
(1) Those who are found to be suffering from a communicable,
7 
dangerous or contagious disease;
8 
(2)Those who are found to be suffering from mental disorder or
9 
associated behavior that may pose threat to persons or danger to property;
10 
(3)Those who are found to be suffering from addiction to prohibited or
11 
regulated substance;
12 
(b) Economic Grounds
13 
(1)Those likely to become a public charge;
14 
(2) Those seeking entry for the purpose of performing skilled or unskilled
15 
labor, without a permit from the Secretary of the Department of Labor and
16 
Employment as required by law;
17 
(c) Moral Grounds
18 
(1)Those coming to the Philippines to practice polygamy or who
19 
advocate the practice of polygamy unless his/her religion allows such practices;
20 
(2)Those who are pedophiles, sexual perverts or those coming to the
21 
Philippines for immoral purposes;
22 
(3) Those who are engaged or who seek to engage in prostitution or to
23 
procure or attempt to procure prostitutes, or who receives in whole or in part
24 
the proceeds of prostitution;
25 
(4) Those who, at the time of primary inspection, by the Immigration
26 
Officer exhibit any obnoxious behavior, contempt or disrespect for the said
27 
officer or any government official or Commission;
28 
(d) Criminal and Security Grounds
29 
(1) Those who have been convicted of a crime involving moral turpitude
30 
or who admit to the Immigration Officer having committed such crime, or who
31 
attempt and conspire to commit the crime;
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
(2) Those who have been convicted, or who admit having committed, or 
are committing acts which constitute the elements of a violation or conspiracy 
to violate any law or regulation of the Philippines or a foreign country relating 
to a controlled, regulated or prohibited substance, or who attempt or conspire 
to commit the crime;
(3) Those that the Philippine Government knows or has reason to believe 
is a trafficker of any controlled, regulated or prohibited substance or knows or 
has reason to believe is or has been an accomplice, accessory, abettor, or co­
conspirator in the illicit trafficking of any controlled, regulated or prohibited 
substance;
(4) Those who are fugitives from justice;
(5) Those who seek to enter the Philippines to engage in:
(i) Espionage or sabotage, or a violation or evasion of any laws
prohibiting export of goods, technology or sensitive information;
(ii) Any activity aimed to promote membership in an organization
of syndicated criminal activities;
(iii) Any activity, the purpose of which is to overthrow the
Philippine government by force, violence or other unlawful means; and
(iv) Any other unlawful activity.
(6) Those who are engaged or believed to be engaged or likely to engage 
in, aid, abet or finance any terrorist activity and members or representatives of 
a foreign terrorist organization;
(7) Those who have been identified by competent authorities, local or 
foreign, as having engaged or are engaging in human trafficking and 
smuggling;
(8) Those who are under fifteen (15) years of age and unaccompanied 
by or not coming to a parent, except that they may be admitted in the discretion 
of the Commissioner, if otherwise admissible; and
(9) Those who have been identified by competent authorities, local and 
foreign, as having engaged or are engaging in importation of contrabands and 
other prohibited articles into the country.
35


1 
Sec. 78-A. Minor Persons/Minority. - Persons under fifteen (15) years of age,
2 
and not accompanied by or not coming to a parent, may be admitted: Provided, That
3 
the written consent of either parent aliowing them to travel is presented. The written
4 
consent must cite the purpose of the travel and must be affirmed by the Philippine
5 
Consular post in the minor's country of origin.
6 
Sec. 79. Temporary Detention of Exciudabie Foreigners. - For the purpose of
7 
ascertaining whether a foreigner arriving in the Philippines belongs to any of the
8 
excludable classes of foreigners provided for in this Act or related laws, the
9 
Immigration Officer, for a period not exceeding seventy-two (72) hours, may
10 
temporarily detain for investigation such foreigner either on board the vessel or at a
11 
place designated for the purpose at the expense of the master, captain, agent, owner
12 
or consignee of the carrying vessel.
13 
Sec. 80. Finaiity of Exciusion Order. - An order by the Immigration Officer to
14 
exclude a foreign national who is excludable under Section 78 of this Act is final and
15 
executory unless revoked by the Commissioner upon a timely appeal prior to the
16 
implementation of the exclusion order.
17 
Sec. 81. Authority to Waive Grounds for Exciusion. - Except for grounds of
18 
exclusion under Section 78 (d), subparagraphs 1 to 8 and subparagraph 9, the
19 
Commissioner may waive any of the grounds for exclusion mentioned therein.
20 
Sec. 82. Procedure ofRemovaiand Cost Thereof - Any foreign national arriving
21 
in the Philippines who is ordered excluded shall be immediately removed in the same
22 
accommodation to the country where he/she boarded the vessel on which he/she
23 
arrived, unless the Commissioner determines that immediate removal is not proper
24 
and practicable. The cost of detention and other expenses incidental thereto shall be
25 
borne by the owner, operator, master, pilot, captain, agent or consignee of the vessel
26 
on which he/she arrived.
27 
Sec. 83. Country Where Removai is to be Directed. - If the government of the
28 
country designated in the preceding section will not accept the foreign national into
29 
its territory, his/her removal shall be directed by the Commissioner in his/her discretion
30 
and without necessarily giving preference, either to:
36


1 
(a) The country which he/she is a citizen or national;
2 
(b) The country of birth;
3 
(c) The country of his/her habitual residence; or
4 
(d) The country willing to accept the foreign national into its territory, if removal
5 
to any of the foregoing countries is impractical or impossible.
6 
Sec. 84. Obligation of Owner, Operator, Master, Captain, Pilot, Agent or
7 
Consignee. - It shall be unlawful for an owner, operator, master, captain, pilot, agent,
8 
or consignee of a vessei to refuse or fail to:
9 
(a) Board a foreigner ordered excluded and removed under Section 78 of this
10 
Act in the same vessel or another vessel owned or operated by the same company;
11 
(b) Detain a foreign national on board any such vessel at the port of arrival
12 
when required by this Act or when so ordered by an Immigration Officer;
13 
(c) Deliver a foreign national for medical or other examinations when so
14 
ordered by such officer;
15 
(d) Remove a foreign national from the Philippines to the country to which
16 
his/her removal has been directed; or
17 
(e) Pay the cost of detention and other expenses incidental thereto of a foreign
18 
national incurred while being detained as required by Section 82 of this Act or other
19 
costs necessary or incidental to his removal as provided in this Act.
20 
Sec. 85. Penalty for Non-compliance of Obligation. - The owner, operator,
21 
master, captain, pilot, agent, or consignee of a vessel who violated Section 84 of this
22 
Act shall pay the fines prescribed under this Act. No such vessel shall be granted
23 
clearance from any port in the Philippines while such fines remain unpaid or while the
24 
validity thereof is being determined: Provided, That clearance may be granted prior to
25 
such determination upon deposit of a sum or cash bond sufficient to cover such fines
26 
as approved by the Commissioner.
27 
TITLE V
28 
DEPORTATION
29 
CHAPTER 1
30 
DEPORTABLE FOREIGN NATIONALS
37


1 
Sec. 86. Classes of Deportable Foreigners. - The following foreigners shall be
2 
arrested upon the order of the Commissioner and deported upon recommendation by
3 
the Board of Special Inquiry and approval by the Board:
4 
(a) Those who entered the Philippines by means of false and misleading
5 
statements or documents, misrepresentations or without inspection and admission by
6 
the immigration authorities;
7 
(b) Those who entered the Philippines who were not lawfully admissible at the
8 
time of entry;
9 
(c) Those who engage, abet or aid in the practice of prostitution including the
10 
owner, manager or inmates of a house of prostitution or are procurers, pedophiles or
11 
sexual perverts;
12 
(d) Those who, at any time after the date of entry, have become a public
13 
charge;
14 
(e) Those who remain in the Philippines in violation of any period of limitation
15 
or condition under which they were admitted;
16 
(f) Those who believe in, advise, advocate or teach the overthrowing by force
17 
and violence of the Government of the Republic of the Philippines, or duly constituted
18 
authority, or those who do not believe in or are opposed to organized governments,
19 
or those who advise, advocate or teach the assault or assassination of public officials
20 
by reason of their office, or those who advise, advocate or teach the unlawful
21 
destruction of property, or those who are members of or affiliated with any
22 
organization entertaining, advocating or teaching such doctrines, or those who in any
23 
manner whatsoever extend assistance, financial or otherwise, in the dissemination of
24 
such doctrines;
25 
(g) Those who, at any time after entry, engage in, abet, aid or finance any
26 
terrorist activity;
27 
(h) Those who commit any violation of the provisions of this Act, independent
28 
of any criminal action which may be brought against them: Provided, however. That
29 
in the case of a foreigner who, for any reason, is convicted and sentenced to suffer
30 
both imprisonment and deportation, said foreigner shall first serve the entire period
31 
of his/her sentence before being deported: Provided, further. That the penalty of
32 
imprisonment may be waived by the President upon payment by the foreigner
38


1 
concerned of such costs, fines and/or damages, if any, awarded to the government or
2 
any aggrieved party;
3 
(i) Those who, at any time after entry, are engaged in acts or omissions
4 
punishable under Philippine penal laws cognizable by the Regional Trial Courts and
5 
the Sandiganbayan;
6 
(j) Those who, at any time after entry, are convicted by final judgment of a
7 
crime punishable under Philippine penal laws cognizable by the first level courts;
8 
(k) Those who are guilty of any offense penalized under the naturalization laws
9 
of the Philippines or any law relating to the acquisition of Philippine citizenship;
10 
(I) Those who defraud their creditors by absconding or alienating properties
11 
to prevent their attachment or execution;
12 
(m) Those who were admitted as non-immigrants and who obtained an
13 
adjustment of their admission status for convenience, or through fraud, falsification
14 
of documents, misrepresentations or concealment of material facts;
15 
(n) Those who violated Philippine labor and taxation laws, rules and
16 
regulations;
17 
(o) Those who, upon prior investigation and hearing, are found to be
18 
undesirable and whose further stay in the Philippines is inimical to public welfare and
19 
interest, or the dignity of the Filipinos, or the Republic of the Philippines as a sovereign
20 
nation;
21 
(p) Those who forge, counterfeit, alter or falsely make any document; or use,
22 
attempt to use, possess, obtain, accept or receive or provide any forged, counterfeit,
23 
altered or falsely made document; or use, attempt to use, provide, attempt to provide,
24 
accept or receive a genuine document, even of another person, without authority to
25 
do so for the purpose of satisfying or complying with the requirements for his/her stay
26 
in the Philippines; and
27 
(q) Those whose presence or activities in the country may result in adverse
28 
consequences to Philippine foreign policies as determined by the Secretary of Foreign
29 
Affairs.
30 
Sec. 87. Non-Prescription of Deportation Cases. - The right of the State to
31 
initiate at any time deportation proceedings shall not prescribe: Provided, That no
39


1 
deportation proceedings and orders shall be had against foreigners facing preliminary
2 
investigation, prosecution and trial before competent authorities.
3 
CHAPTER 2
4 
DETENTION AND DEPORTATION OF FOREIGN NATIONALS
5 
Sec. 88. Issuance of Summons. - If the Commissioner determines that there
6 
exists a reasonable ground to deport a foreigner pursuant to Section 86 of this Act,
7 
he/she may issue summons requiring the foreigner to appear in person before the
8 
designated investigating officer at the time, date and place stated therein.
9 
Sec. 89. Authority to Issue Letter Order. - The Commissioner may issue a letter
10 
order for the detention of a foreigner if he/she determines that a probable cause exists
11 
for the filing of deportation charges against a foreigner for violation of immigration
12 
and other related laws, rules and regulations or there is a strong probability that a
13 
deportable foreigner may flee from his/her place of abode, go into hiding or
14 
surreptitiously leave the country.
15 
Sec. 90. Format Charge of Deportation. - A formal charge for deportation shall
16 
be issued upon determination of the existence of a prima facie case against the
17 
foreigner. Pending final determination of his/her deportation case, the foreigner shall,
18 
upon the discretion of the Commissioner: (a) remain under detention; or (b) be
19 
released on bail or recognizance. The bail may be revoked and confiscated in favor of
20 
the government if there is sufficient evidence that the foreigner is evading the
21 
proceedings or is attempting to abscond, in which case he/she shall be taken into
22 
custody and placed under detention by order of the Commissioner.
23 
Sec. 91. Detention of a Foreigner Convicted of a Fetony or an Offense. - After
24 
service of his/her sentence or compliance with the conditions of his/her parole or
25 
probation, as the case may be, the foreigner shall be taken into custody and placed
26 
under detention by order of the Commissioner. Pending final determination of the
27 
deportation case, the foreigner may be ordered released under such terms and
28 
conditions prescribed by the Commissioner.
29 
Sec. 92. Votuntary Deportation, When Authorized. - In case the foreigner does
30 
not contest the formal charge against him/her and opts to voluntarily leave the country
40


1 
at his/her own expense, the Commissioner may waive the deportation proceedings
2 
and order the departure within the period specified in the voluntary deportation order,
3 
except in cases of violations of laws such as Republic Act No. 8042 otherwise known
4 
as the "Migrant Workers and Overseas Filipinos Act of 1995": Provided, That he/she
5 
has not committed any criminal offense or has no pending case in court: Provided,
6 
further. That the said foreigner so deported shall be barred from re-entering the
7 
country without prior written authorization from the Commissioner.
8 
Sec. 93. Contents of an Order or Warrant of Deportation. - The order or warrant
9 
of deportation shall be in the form prescribed by the Commissioner and shall state the
10 
grounds therefor, the specific place where the foreigner is to be deported and the
11 
period within which to execute such order.
12 
Sec. 94. Period to Enforce Order of Deportation. - The order of deportation
13 
shall be enforced immediately but in no case shall exceed three (3) months from the
14 
date it has become final and executory. If deportation is not enforced within the
15 
prescribed period for reasons beyond the control of the Commissioner, the foreigner
16 
shall remain in custody.
17 
Sec. 95. Suspension of Deportation Order. - Upon application and payment of
18 
the prescribed fees by the concerned foreigner, the Commissioner may suspend the
19 
implementation of the deportation order and order his/her release for good cause,
20 
taking into account the following factors:
21 
(a) Age, health, family or conduct;
22 
(b) Period of detention;
23 
(c) Impact on national security and public welfare;
24 
(d) Unavailability of travel documents;
25 
(e) Existence of an application for refugee status; or
26 
(f) Other humanitarian considerations.
27 
Sec. 96. Reinstatement of a Deportation Order. - A deportation order
28 
previously implemented against a foreigner who unlawfully re-entered the Philippines
29 
shall be deemed automatically reinstated and shall be implemented in accordance with
41


1 
this Act. This provision shall also apply to a foreigner who departed voluntarily under
2 
Section 92 of this Act.
3 
Sec. 97. Country of Destination of a Deportee. - Except as provided for under
4 
existing treaty or international agreement, a foreigner shall be deported to the country
5 
of which he/she is a citizen or national, or to the country of his/her birth, or to the
6 
country of which he/she is a resident, or to the country from which he/she embarked
7 
for the Philippines, subject to the acceptance by the receiving country.
8 
Sec. 98. Existence of Danger in the Country Where a Foreigner is to be
9 
Deported. - No foreigner shall be deported to a country where there exists a danger
10 
to his/her life or freedom on account of race, religion, nationality, political opinion or
11 
membership in a particular political or social group, except in the following
12 
circumstances:
13 
(a) The foreigner participated, induced or cooperated in the persecution of any
14 
person on account of race, religion, nationality, political opinion or membership in a
15 
particular political or social group in the country where he/she is to be deported;
16 
(b)The foreigner is a fugitive from justice in the country where he/she is to be
17 
deported;
18 
(c) The foreigner committed a serious non-political crime in the country where
19 
he/she is to be deported; or
20 
(d)The foreigner is undesirable in and/or a danger to the national security of
21 
the Philippines.
22 
Sec. 99. Cost of Deportation. - The cost of deportation shall be borne by the
23 
owner, operator, captain, master, pilot, agent or consignee of a vessel in case its
24 
foreign crew member is to be deported for violation of Section 100 of this Act. In all
25 
other cases, the cost of deportation shall be borne by the deportee himself/herself,
26 
the concerned consular office, nongovernment organizations or people's organizations
27 
with which the Commission has an agreement on this matter, or from the
28 
appropriations for the enforcement of this Act.
29 
Sec. 100. Liability of Owner, Operator, Captain, Master, Pilot, Agent or
30 
Consignee of a Vessel. - Failure or refusal on the part of the owner, operator, captain.
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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
master, pilot, agent or consignee of a vessel to take on board, guard safely and 
transport the deportee to his/her country of destination, or to shoulder the cost of 
deportation of the foreign crew member as provided in Section 99 of this Act, shall be 
punished by an administrative penalty prescribed under this Act.
Sec. 101. Expenses of Accompanying Person. - The Commissioner may, by 
reason of the mental or physical condition of the deportee, direct an employee of the 
Commission to accompany such deportee to the country of his/her destination, subject 
to the provisions of the immediately preceding sections.
CHAPTER 3
INDIGENT FOREIGNERS
Sec. 102. Deportation of Indigent Foreigners. - At any time after entry, the 
Commissioner may deport indigent foreigners from the Philippines to the country of 
which they are citizens or nationals, or country of birth, or country of residence, as 
the case may be. The cost of deportation may be charged against the available funds 
of the Commission. Any foreigner deported under this section shall be barred re­
admission except upon written authorization of the Commissioner.
This provision shall not apply to a foreigner declared as an indigent by any 
Philippine court for purposes of filing a case or to pursue a cause of action which 
resulted in his/her indigency until such action is resolved with finality: Provided, That 
no other grounds for deportation exist during the pendency of the same.
TITLE VI
MISCELLANEOUS PROVISIONS 
CHAPTER 1
REGISTRATION OF FOREIGN NATIONALS
Sec. 103. Requirement of Registration. - A temporary foreign visitor must 
register with the Commission or any Immigration Office nearest his/her place of 
residence on or before the sixtieth (60th) day of his/her arrival in the Philippines.
Sec. 104. Registration Form and Oath. - Applications for registration shall be 
under oath and in such form as prescribed by the Commission. Upon registration, a
43


1 
certificate of registration shall be issued by the Commission to the registrant. In case
2 
of loss or destruction of the certificate, a replacement thereof may be issued by the
3 
Commission upon proper application and payment of prescribed fees.
4 
Sec. 105. Amendment of Registration. - A registered foreign national shall
5 
notify the Commission in writing of any change of information in his/her registration
6 
documents not later than seven (7) days thereof.
7 
Sec. 106. Presentation of Certificate of Registration. - Every foreigner required
8 
to register under this Act or the parent or guardian of such foreigner shall, upon
9 
demand of any authorized immigration official, present his/her certificate of
10 
registration, and failure to do so without justifiable cause shall be dealt with in
11 
accordance with the provisions of this Act.
12 
Sec. 107. ReportoriaiRequirements. - Every foreigner registered under this Act
13 
shall, within the first sixty (60) days of every calendar year, report in person to the
14 
Commission subject to the payment of prescribed fees. The parent or legal guardian
15 
of foreigners below fourteen (14) years of age shall have the duty to comply with the
16 
requirements prescribed under this Act.
17 
Sec. 108. Failure to Comply with Requirements. - A foreigner, or his/her parent
18 
or guardian, as the case may be, who, without justifiable reason, fails to comply with
19 
all the requirements under this Act, or who files an application for registration
20 
containing statements known by him/her to be false, or who utilizes registration
21 
documents other than his/her own, shall be dealt with in accordance with the
22 
provisions of this Act and other existing laws.
23 
Sec. 109. Cancellation of Registration of Foreign National. - In case of death of
24 
a foreigner registered under the provisions of this Act, his/her legal heir,
25 
representative or administrator must inform the Commission within sixty (60) days
26 
from death and the Commission shall cancel such registration. The Local Civil Registrar
27 
or other civil registry officer of the locality where said foreigner died shall furnish the
28 
Commission with a copy of the Certificate of Death within thirty (30) days from
29 
issuance thereof. Failure on the part of the persons concerned to comply with the
30 
requirements of this section shall be dealt with pursuant to the provisions of this Act.
44


1 
CHAPTER 2
2 
BONDS AND DEPOSITS
3 
Sec. 110. Bonds, When Required. - The Commission shall have the authority
4 
to require cash bonds in such amounts and under such conditions as it may prescribe:
5 
(a) To control and regulate the admission into, and departure from, the
6 
Philippines of foreigners applying for temporary admission;
7 
(b) To insure against foreign passengers liable to be excluded as likely to
8 
become public charges; and
9 
(c) To insure the appearance of foreigners released from custody during the
10 
course of deportation proceedings instituted against them.
11 
Sec. 111. Requirement of Cash Deposits for Overtime Services. - The
12 
Commission shall have the authority to require cash deposits in such amounts as may
13 
be necessary from vessel's owner, operator, captain, master, pilot, agent, or consignee
14 
or other persons served to cover payments for overtime services to be performed by
15 
officers and employees of the Commission.
16 
Sec. 112. Canceiiation and Forfeiture of Bonds. - When the conditions of the
17 
bond are fulfilled, or in case of a bond posted to insure against a foreigner becoming
18 
a public charge, when the Commissioner decides that the likelihood no longer exists,
19 
or death of the foreigner in whose behalf the bond is posted, the bond shall be
20 
cancelled and released to the depositor or his/her legal representative. In case of
21 
violation of the conditions of the bond, the same shall be forfeited and deposited in a
22 
trust fund account which may be utilized for the purchase of passage tickets of
23 
indigent deportees and to cover the costs of operations in the arrest of a deportee
24 
who jumps bail.
25 
CHAPTER 3
26 
RECOGNIZANCE
27 
Sec. 113. Petitions for Recognizance, Sanction for Breach of Conditions. - The
28 
Commissioner may order the release of a foreigner upon recognizance of his/her
29 
lawyer or a person who is of good standing in the community, under such terms and
30 
conditions as he/she may prescribe. Failure to comply with the terms and conditions
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1 
of the recognizance shall subject said lawyer or person to a fine of not less than Fifty
2 
thousand pesos (P50,000.00) but not more than One hundred thousand pesos
3 
(P100/000.00), without prejudice to other administrative sanctions and/or proceedings
4 
against the erring party.
5 
CHAPTER 4
6 
COOPERATION AND COORDINATION WITH OTHER OFFICES
7 
Sec. 114. Working Cooperation with the Department of Foreign Affairs. - For
8 
purposes of efficient implementation and administration of this Act, the Commission
9 
shall maintain a working cooperation with the DFA.
10 
Sec. 115. Working Cooperation with the Commission on Higher Education. -
11 
The Commission shall maintain a working cooperation with CHED with respect to
12 
accreditation of schools and learning centers for enrolment of foreign students as
13 
authorized under this Act.
14 
Sec. 116. Coordination with Law Enforcement, Security and Other Offices. -
15 
The Commissioner shall have authority to maintain coordination with the National
16 
Security Council, the Philippine National Police, and other law enforcement agencies
17 
of the government.
18 
CHAPTER 5
19 
FEES AND CHARGES
20 
Sec. 117. Authority of the Commissioner to Prescribe, Impose and Coiiect Fees
21 
and Charges. - The Commissioner is authorized to prescribe, impose and collect fees
22 
and charges for services rendered pursuant to the provisions of this Act, which shall
23 
take effect fifteen (15) days after the last publication thereof for two (2) consecutive
24 
weeks in a newspaper of general circulation.
25 
Sec. 118. Head Fee. - Every foreign national who is at least fourteen (14) years
26 
of age and admitted to the Philippines for a temporary stay exceeding sixty (60) days
27 
shall pay a head fee in an amount to be fixed by the Board.
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1 
CHAPTER 6
2 
ADMINISTRATIVE FINES AGAINST VESSELS
3 
Sec. 119. Fine for Failure to Submit Crew List or Passenger Manifest, or Failure
4 
to Account Every Passenger and Crew. - Any pilot, master, agent, owner or consignee
5 
of a vessel arriving at any port in the Philippines from a place outside thereof who fails
6 
to submit to the immigration authorities a complete and accurate crew list or
7 
passenger manifest, or fails to produce or account every crewmember or passenger
8 
whose name appears in said list or manifest shall be subject to fines of One hundred
9 
thousand pesos (P100,000.00) and Fifty thousand pesos (P50,000.00) for each
10 
unaccounted person, respectively.
11 
Sec. 120. Fine for Violation of Obligation on the Landing or Removal of
12 
Foreigners. - A pilot, master, agent, owner or consignee of any vessel arriving at a
13 
port of the Philippines from a piace outside thereof in violation of this Act shall be
14 
fined not less than Fifty thousand pesos (P50,000.00) but not more than Two hundred
15 
thousand pesos (P200,000.00) for each violation.
16 
Sec. 121. Fine for Bringing Undocumented Foreigner, or Foreigner Afflicted with
17 
Communicable or Contagious Disease, or Suffering from Mental Disorder. - The pilot,
18 
master, agent, owner or consignee of the vessel arriving at a port in the Philippines
19 
from a place outside thereof bringing on board an undocumented foreigner shall be
20 
fined One hundred thousand pesos (P100,000.00) for each foreigner. If the foreigner
21 
is afflicted with a communicable or contagious disease or is suffering from mental
22 
disorder, the fine shall be not less than Two hundred thousand pesos (P200,000.00)
23 
but not more than Three hundred thousand pesos (P300,000.00) for each foreigner.
24 
Sec. 122. Fine for Bringing a Foreigner to Assist His Illegal Entry or
25 
Misrepresenting a Foreigner as a Member of the Crew. - The pilot, master, agent,
26 
owner or consignee of the vessel arriving at any port in the Philippines from a place
27 
outside thereof bringing on board a foreigner bound for the Philippines to assist his/her
28 
illegal entry, or misrepresenting the foreigner to the immigration officer at the port of
29 
arrival as a bona fide member of the crew, shall be fined not less than One hundred
47


1 
thousand pesos (P100,000.00) but not more than Two hundred thousand pesos
2 
(P200,000.00) for each foreigner.
3 
Sec. 123. Fine for Violation of Other Provisions of this Act. - The pilot, master,
4 
agent, owner or consignee of any vessel arriving at any port of the Philippines from a
5 
place outside thereof who violates any other provision of this Act not specifically
6 
provided in this Chapter shall be fined not less than Fifty thousand pesos (P50,000.00)
7 
but not more than Two hundred thousand pesos (P200,000.00) for each violation.
8 
CHAPTER 7
9 
OTHER PENAL PROVISIONS
10 
Sec. 124. Other Prohibited Acts and Penalties Thereof - Any person who shall
11 
commit any of the acts specified hereunder shall, upon conviction, suffer the penalty
12 
of prision correccionai in its maximum period to prision mayor \n its minimum period
13 
or a fine of not less than One hundred thousand pesos (P100,000.00) but not more
14 
than Five hundred thousand pesos (P500,000.00) or both, at the discretion of the
15 
court:
16 
(a) Impersonates another individual, or falsely appears in the name of a
17 
deceased individual, or evades the immigration laws by using an assumed or fictitious
18 
name when applying for an immigration document;
19 
(b) Issues or otherwise disposes of an immigration document or an
20 
immigration accountable form, to any person not authorized by law to receive such
21 
documents;
22 
(c) Obtains, manufactures, prints, accepts or uses any immigration or travel
23 
document knowing it to be false or uses immigration accountable form that is not
24 
legally issued;
25 
(d) Enters the Philippines without inspection and admission by the immigration
26 
authorities, or obtains entry into the Philippines by fraud, misrepresentation, or
27 
concealment of material facts;
28 
(e) Misrepresents himself/herself to be a Philippine citizen;
29 
(f) Knowingly makes under oath any false statement regarding any
30 
immigration matter; or
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1 
(g) Brings into, or lands in the Philippines, or conceals, harbors, employs, or
2 
gives comfort to any person not duly admitted by any immigration officer or not
3 
lawfully entitled to enter into or resides within the Philippines, or attempts, conspires
4 
with, or aids another to commit any such acts.
5 
Where the offender of any acts specified in paragraph (g) of this section is a
6 
corporation, company, partnership or other juridical entity, the president, general
7 
manager, managing partner, or chief executive officer thereof shall be held liable.
8 
Dismissal of the employee by the employer before or after apprehension shall not
9 
relieve such employer from any liability arising from the offense: Provided, That if the
10 
offender is the pilot, master, agent, owner, consignee, or other person in charge of
11 
the vessel which brought the foreigner into the Philippines from any place outside
12 
thereof, the fine imposed under this section shall constitute a lien against the vessel
13 
which may be enforced in the same manner as fines are collected and enforced under
14 
existing laws. Such vessel shall not be allowed to depart without prior clearance issued
15 
by the Commission. Where forfeiture is justified under the particular circumstances of
16 
the case, the forfeiture of the vessel in favor of the government in lieu of the fine shall
17 
be decreed.
18 
Conviction by final judgment of any offense punishable under this Act or other
19 
related laws shall result in the automatic revocation or cancellation of any immigration
20 
document issued to the offender, including that of his/her spouse and unmarried
21 
children, if applicable.
22 
Sec. 125. Penalty for Non-compliance of Subpoena. - Any person who, having
23 
been duly served with a subpoena, fails to comply without valid and justifiable reasons
24 
shall, upon conviction, suffer the penalty of imprisonment of not more than fifteen
25 
(15) days or a fine of not more than One thousand pesos (P1,000.00), or both, at the
26 
discretion of the court.
27 
Sec. 126. Penalty for an Overstaying Crewmember. - Any foreign crewmember
28 
who willfully remains in the Philippines beyond the period allowed him/her for
29 
temporary landing shall, upon conviction, suffer the penalty of imprisonment of six (6)
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1 
months or fine of not less than Fifty thousand pesos (P50,000.00) but not more than
2 
One hundred thousand pesos (P100,000.00), or both, at the discretion of the court.
3 
Sec. 127. Imposition of Maximum Penaity, When Appiicabie. - A person
4 
convicted under Republic Act No. 3019, as amended, otherwise known as the "Anti-
5 
Graft and Corrupt Practices Act", or other laws against corruption and bribery who
6 
shall violate or circumvent any provisions of this Act shall, upon conviction, suffer the
7 
maximum penalty for such offense as provided under this Act.
8 
CHAPTER 8
9 
FUNDING
10 
Sec. 128. Funding. - In addition to its annual budget under the General
11 
Appropriations Act, the Commission is hereby authorized to retain and use fifty percent
12 
(50%) of its income derived from collection of immigration fees, fines, penalties and
13 
charges to pay hazard pay, subsistence allowance and other monetary benefits at
14 
rates fixed by the Commissioner and for maintenance and other operating expenses,
15 
intelligence and law enforcement, information and communication technology
16 
infrastructure, transportation facilities and other capital outlay expenditures. The
17 
Commission is likewise hereby authorized to retain and use its income in excess of the
18 
prescribed collection target.
19 
CHAPTER 9
20 
OTHER ADMINISTRATIVE MATTERS
21 
Sec. 129. Staffing Pattern and Saiary Schedule. - To carry out the provisions
22 
of this Act, the Commissioner shall submit a new staffing pattern and salary schedule
23 
for personnel services to the Secretary of the Department of Budget and Management
24 
for approval, which shall be in accordance with the Salary Standardization Law and
25 
other applicable laws under the National Compensation and Classification Plan.
26 
Sec. 130. Reorganization of the Commission. - Upon approval of this Act, all
27 
employees of the Bureau of Immigration covered by the civil service law and
28 
regulations shall continue to hold their present positions pending the reorganization
29 
of the Commission in accordance with the new staffing pattern: Provided, That the
30 
salaries, wages, allowances and other benefits of incumbent officers and employees
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1 
of the Commission shall not be subject to diminution: Provided, further, That in the
2 
event that the positions are abolished in accordance with the reorganization, the
3 
affected employees shall be retained. Provided, finally. That employees who have
4 
been dismissed for cause shall no longer qualify for any position in the Commission.
5 
Sec. 131. Inventory and Transfer of Properties, Accounts, Assets, Liabilities and
6 
Obligations to the Commission. - All buildings, properties, equipment, facilities,
7 
accounts, other assets, liabilities and other obligations as well as records of the Bureau
8 
of Immigration shall be properly inventoried and transferred to the Commission.
9 
Sec. 132. Treaty or Agreement - Any treaty or agreement entered into
10 
between the Philippines and any foreign state before the effectivity of this Act shall
11 
remain in force and effect.
12 
Sec. 133. Pending Cases. - Any prosecution, suit, action, proceeding, or any
13 
act or matter, civil or criminal, pending at the time of the effectivity of this Act shall
14 
not be affected by the provision of this Act unless otherwise applicable.
15 
CHAPTER 10
16 
ADMINISTRATION AND IMPLEMENTATION
17 
Sec. 134. Administration and Implementation Abroad. - The administration and
18 
implementation of this Act abroad, including the rules and regulations as well as
19 
policies arising from it shall be the responsibility of the DFA through Philippine
20 
diplomatic and consular establishments.
21 
Sec. 135. Implementing Rules and Regulations. - The Commission, upon
22 
consultation with the DFA and other concerned government agencies or offices and
23 
subject to the approval by the Secretary, shall promulgate the rules and regulations
24 
for the implementation of this Act within one hundred twenty (120) days from its
25 
effectivity.
26 
CHAPTER 11
27 
FINAL PROVISIONS
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1 
Sec. 136. Separability Clause. - If any of the provisions of this Act is held invalid
2 
or unconstitutional the other provisions not affected thereby shall continue to be in
3 
force and effect.
4 
Sec. 137. Repealing Clauses. - (a) Commonwealth Act No. 613, otherwise
5 
known as the Philippine Immigration Act of 1940, as amended, is hereby repealed;
6 
(b) All laws, presidential decrees, executive orders, proclamations, memorandum
7 
orders, instructions, rules and regulations or parts thereof inconsistent with this Act
8 
are hereby amended or modified accordingly.
9 
Sec. 138. Effectivity. - This Act shall take effect fifteen (15) days after its
10 
complete publication in the Official Gazette or in two (2) newspapers of general
11 
circulation.
Approved,
52