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

SIXTEENTH CONGRESS

First Regular Session

4092

House Bill No.

INTRODUCED BY REPRESENTATIVE XAVIER JESUS “XJ” D. ROMUALDO

EXPLANATORY NOTE

This bill was originally filed by the late Representative Pedro P. Romualdo. The Bicameral
Conference Committee Report on this bill was not ratified on the last session day of the 14%
Congress due to a lack of quorum. It was subsequently re-filed by Representative
Romualdo in the 15" Congress and was referred to the Committee on Justice. The
Committee Technical Working Group processed the bill and deliberated on its merits and
on the issues raised by stakeholders. However, the Committee on Justice was unable to take
up the resulting draft committee report.

In his most recent State of the Nation Address, President Aquino made mention of his
dismay at the performance of the Bureau of Immigration and the need to institute reforms
in the agency. With the filing of this proposed measure, Congress now has the opportunity
to set in motion concrete steps to institute such reforms.

The Explanatory Note of the late Representative Romualdo is herein reproduced and
adopted as part of the explanation for the filing of this bill:

This measure is a timely piece of legislation, which will clothe the Bureau of
Immigration with a renewed mandate to deliver world class immigration
services that will promote the country's image in the international community
as a safe tourist destination and a potential investment site. This bill will
catapult the Bureau of Immigration as a government agency that concomitantly
assumes the role of a gatekeeper and that of an agent of economic development.
To attain this goal, this bill seeks to strengthen the organizational structure of
the Bureau of Immigration by converting it into a Commission with expanded
jurisdiction and a streamlined powers and functions, thereby amending the
archaic provisions of Commonwealth Act No. 613, a 1940 immigration statute.

This landmark legislation will ensure a vibrant, dynamic and more structured
agency to be known as the Commission on Immigration and Naturalization that
will be tasked to perform a twin function — gatekeeper and economic agent. As
agate keeper, the new Commission shall have the power to control and regulate
the immigration of aliens in the country consistent with its duty to safeguard
our borders, national security, national sovereignty and public safety. As an
agent of economic development, the new commission will be tasked to develop
effective mechanisms and procedures on immigration and naturalization that
will foster investments through a vibrant tourism industry and higher
government revenue. This twin-function reflects the demands of the present
time.

This bill will empower the current Bureau of Immigration to simplify further its
requirements for visa applications or visa extension and expedite its processing


and issuance of visas, alien certificates of registration, and other travel
documents. Indeed, an orderly and simplified procedures will streamline the
duties and functions of their officials and employees, improve the delivery of
services by the commission, provide convenience and satisfaction to the public
in general and the foreigners in particular, and more importantly, reduce if not
eliminate red tape which breeds graft and corruption. Consequently, more
foreigners will be enticed to visit the country for tourism or to seek investment
opportunities, and those residing in the Philippines will be motivated to report
regularly to the immigration office and avail of the various immigration services
of the Commission.

Industry data shows that tourist arrivals in 2011 were estimated at 3.917
million with visitor receipts estimated at 129,689.33 million as reported in the
Department of Tourism website. We believe these figures will double if the
commission will simplify further their immigration policies and procedures
without neglect of its duty as the government's gatekeeper.

With the advent of globalization characterized by shrinking space and time and
disappearing political and economic borders, the country has not been
exempted from the scourge of terrorism and other transnational and/or
syndicated crimes such as drug trafficking, human smuggling and trafficking in
person, and kidnapping, among others, that have likewise taken their toll in the
economy. Local and foreign investors alike cannot be blamed of their capital
flight as they have a second look in further investing in the country taking into
consideration the peace and order situation. Hence, this bill will add credence to
our fight against these nefarious criminal activities by allowing the Commission
to strengthen further their existing procedures and policies on border control
and management. This is the essence of a gatekeeper.

It was the Second Assembly of the Philippine Commonwealth that enacted the
Philippine Immigration Act of 1940 on 22 January 1940 known as
Commonwealth Act No. 613. It created the Bureau of Immigration under the
administrative supervision of the Office of the President. Then, it later became
an attached agency of the department of justice and was later returned to the
administrative control of the Office of the President.

In 1941, the bureau was once again under the Department of Justice and, in
1945, it was put under the supervision and control of the Department of Labor
as part of the reorganization plan of the government. In 1948, the Bureau was
again returned to the Department of Justice where it remains up to this time.

In 1972 as part of the reorganization plan, the Bureau of Immigration was
named the Commission on Immigration and Deportation, a collegial body and
performing both administrative and quasi-judicial functions. On July 25, 1987,
President Corazon C. Aquino signed Executive Order No. 292, otherwise known
as the Administrative Code of 1987. The Commission on Immigration and
Deportation was renamed the Bureau of Immigration.

Seventy-two (72) years after its creation, it is only now that we are giving this
agency the preferential attention it deserves considering its dual functions and
significant contributions in national development. It is only fitting that we
provide the proposed Commission with the renewed mandate to develop and
execute sound policies and procedures that will professionalize the immigration
service, foster tourism and foreign investment without sacrificing national
security, national sovereignty and public safety, and enhance revenue collection
for the government.


Under this bill, the proposed Commission shall be principally responsible for the
administration and enforcement of immigration, alien registration, citizenship
and administrative naturalization laws, and shall continue to be under the
administrative supervision of the Department of Justice.

In view of the foregoing, the support of the Members of Congress for the timely passage of
this measure is earnestly requested.

xX — 22

XAVIER JESUS “XJ” D. ROMUALDO


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REPUBLIC OF THE PHILIPPINES.
HOUSE OF REPRESENTATIVES,
Quezon City, Metro Manila

SIXTEENTH CONGRESS

First Regular Session

House Bill No. 4092

INTRODUCED BY REPRESENTATIVE XAVIER JESUS “XJ” D. ROMUALDO

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:
PHILIPPINE IMMIGRATION ACT
TITLE |
GENERAL PROVISIONS.

SECTION 1. Short Title. — This Act shall be known as the Philippine Immigration Act
SEC. 2. Declaration of Policy. — In its relation with other states, the Philippines shall
give 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. Towards this end, Philippine
immigration policies, rules, and regulations under this Act shall be applied and
administered with due regard to the promotion of the domestic and international

interests of the Philippines, such as:

a) The admission of foreign nationals for the purpose of enhancing capital investments,

trade and commerce, cultural exchanges, and other aspects of friendly relations and

cooperation;

b) The need for increased technological and scientific transfer and development;

c) The promotion of conditions for the social welfare and economic security of the

people;


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) The promotion of international peace and justice by denying the use of Philippine
territory to persons who are engaged or likely to engage in terrorism, human smuggling

and trafficking, and other unlawful acts and activities;

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

f) The professionalization of the immigration service by instituting a rigid system for the
selection, hiring, promotion, and career advancement and development of immigration
officials and employees.

SEC. 3. Definition of Terms. — As used in this Act, the following terms are defined as
follows:

a) "Admission" refers to the process by which a foreigner arriving at a port of entry in the
Philippines is allowed into the country by the immigration authorities,

b) "Board" refers to the Board of Commissioners created under this Act.

c) "Border Control Officer" refers to a person tasked to man a Border Control Station

under Section 26 of this Act.

d) "Captain" refers to the master of a vessel or the chief pilot of an aircraft.

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

f) "Citizen" refers to any person who is a Filipino citizen, as provided under the 1987

Constitution of the Republic of the Philippines.

g) "Commission" refers to the Commission on Immigration created under this Act


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h) "Commissioner" refers to the Commissioner of the Commission on Immigration

provided for in this Act

i) "Commitment Order" refers to an order issued by the Commissioner under Section
7(C)(2) of this Act that directs the detention of a foreigner after it has been determined
that probable cause exists that the person committed acts or omissions in violation of
Philippine immigration laws, rules, and regulations or during the pendency of
deportation proceedings against a foreigner; provided, that such detention shall not
exceed three (3) months, unless there exists other legal grounds for continued

detention.

j) “Consular officer" refers to any diplomatic, consular, or other officer of the
Government of the Philippines who has been duly granted a consular commission for

the purpose of issuing visas under this Act

k) “Deputy Commissioner’ refers to a Deputy Commissioner of the Commission on

Immigration provided for under this Act

') “Entry" refers to the arrival of a foreigner into a port of entry in the Philippines from a
place outside thereof. A foreigner having a lawful permanent residence in the
Philippines shall not be regarded as making an entry for the purpose of this Act if such
foreigner proves that his or her departure to a place outside of the Philippines was for a
temporary or limited period, or his or her continued absence from the Philippines was

due to deportation proceedings, extradition proceedings, or other legal processes.

m) "Exclusion" refers to the act of an Immigration Officer denying admission to a

foreigner into the Philippines due to any of the grounds provided for in this Act.

n) "Foreigner" or "Foreign National” refers to any person not a Filipino citizen.


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©) "Hold Departure Order" refers to: (1) a directive that commands the Commissioner to
prevent a foreigner from leaving the territorial jurisdiction of the Philippines in cases of
grant of bail and recognizance pending implementation of Summary Deportation Order
or (2) an order implementing a directive from the President, the Senate, the House of
Representatives, the Department of Justice (“DOJ"), Regional Trial Courts,
Sandiganbayan, Court of Appeals, or the Supreme Court to prevent a person from

leaving the Philippines to any place outside thereof;

p) "Immigrant" refers to a foreigner departing from any place outside the Philippines

destined for the Philippines who is a not a Non-Immigrant.

q) "Immigration laws" refers to this Act and any other law presently existing or which
may hereafter be enacted relating to movement of natural persons to and from the

Philippines, and their exclusion, interception, deportation, and repatriation;

(r) "Immigration Officer" refers to any person appointed under Section 28 of this Act or
any employee of the Commission designated by the Commissioner to perform the
powers, duties and functions of an Immigration Officer as specified under this Act;

(s) "Interception" refers to the act of Immigration Officers denying departure clearance

to any person leaving the country on grounds provided for in this Act;

(t) "Non-immigrant" refers to any foreigner departing from any place outside the
Philippines who is allowed entry and admission into the Philippines for a temporary or

limited period of stay;

(u) "Non-refoulement" refers to the principle of international law which prohibits the
forced return of a refugee to the state or territory where his/her life or liberty would be

endangered;


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(v) "Passport" refers to a document issued by the Philippine government to its citizens
and requesting other governments to allow its citizens to pass safely and freely, and in

case of need to give him all lawful aid and protection;

(w) "Person" refers to natural and juridical person such as partnerships, corporations,

companies, and associations;

(x) "Port of entry" refers to any port designated by competent authority in accordance
with law through which a foreigner may apply to the immigration officer thereat for

admission into the Philippines;

(y) "President" refers to the President of the Philippines.

(2) "Refugee" refers to a person who, owing to a well-founded fear of being persecuted
for reasons of race, religion, nationality, membership of a particular social group, or
political opinion, is outside the country of his/her nationality, and is unable to or, owing
to such fear, is unwilling to avail him/herself of the protection of that country; or who, not
having a nationality and being outside the country of his/her former habitual residence,

is unable or, owing to such fear, is unwilling to return to it;

(aa) "Seaman," "Seafarer" or "Crewmember" refers to a person actually employed in the

operation or service in any capacity on board a vessel,

(bb) "Secretary" refers to the Secretary of Justice

(cc) "Stateless Person" refers to a person who is not considered a national by any state

under its laws;

(dd) "Travel document” refers to a certification or identifying document containing the
description and other personal circumstances of its bearer, issued for direct travel to

and from the Philippines valid for short periods or a particular trip. It is issued only to


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persons whose claim to Philippine citizenship is doubtful or who fall under the category

enumerated in Section 13 of Republic Act No. 8239;

(ee) "Vessel" refers to all means of conveyances, whether aircraft or sea craft;
(ff) "Visa" refers to an endorsement on a passport or any travel document issued by a
Consular Officer abroad authorizing the holder thereof to proceed to a designated port
of entry in the Philippines and there to apply for entry and admission under the status
specified therein or Immigration status granted and/or issued to foreigners by the

Commissioner or the Board under this Act;

(gg) "Watchlist Order" refers to an order issued by the Commissioner under Section 7
(c) (4) of this Act that requires immigration personnel to monitor and/or prevent the
departure of any person for a period of fifteen (15) days, extendible for another fifteen
(15) days, and to notify concerned or law enforcement agencies, when his/her presence
is required in criminal or legislative proceedings or he/she poses or may pose a threat to

national security, public health or public safety.

TITLE II
COMMISSION ON IMMIGRATION

CHAPTER 1

THE COMMISSION

SEC. 4. Creation. — The Commission on Immigration is hereby created. It shall be
principally responsible for the administration and enforcement of this Act, and the
implementation of laws, rules, regulations or orders of any competent authority
concerning the entry and admission into, stay in, and the departure from the Philippines
of all persons. The Commission shall be under the general supervision of the

Department of Justice.


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SEC. 5. Composition and Qualification. — The Commission shall be administered by
the Board headed by the Commissioner as chairperson, and four (4) Deputy
Commissioners as members, all of whom shall be natural-born citizens of the
Philippines and, at the time of their appointment, at least thirty-five (35) years of age,
and holders of a college degree and with proven capacity for administration: Provided,
That the majority or three (3) members including the Chairperson of the Commission

shall be members of the Philippine Bar in good standing for at least five (5) years.

CHAPTER 2

THE COMMISSIONER:

SEC. 6. Appointment and Rank of the Commissioner, — The Commissioner shall be
appointed by the President and shall the same rank, salary, and privileges of a

Department Undersecretary.

SEC. 7, Powers and Functions of the Commissioner — In addition to his duties as
Chairperson of the Board of Commissioner, the Commissioner shall exercise the
following powers and functions:

(a) Supervise, direct and coordinate the overall operations of the Commission;

(b) Appoint, and exercise control and supervision over, the officers and personnel of the

Commission, subject to existing civil service laws, rules and regulations;

(c) Issue (1) letter orders after determination of the existence of probable cause; (2)
commitment or release orders; (3) warrant of deportation; (4) watchlist orders; (5) hold
departure orders; (6) allow entry or departure orders; (7) blacklist orders; and (8) orders

implementing watchlist orders issued by the Department of Justice;

(d) Delegate authority to subordinate officers and employees of the Commission, except

with regard to powers and functions enumerated in the immediately preceding


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paragraph, which may be delegated only to the Associate Commissioners;
(e) Act on applications for issuance and extension or on petitions for conversion,

adjustment and amendment of visas;

(f) Act on petitions for declaration of indigency;

(g) Declare such control posts, landing places, airports or ports/points of entry or exit,
whether limited or unlimited;

(h) Increase, reduce or waive immigration fees, fines, penalties and other charges;

(i) Participate as member of the Special Committee on Naturalization pursuant to

Section 6 of Republic Act No. 9139;

(1) Act on applications for retention or reacquisition of citizenship under Republic Act No

9225;

(k) Issue Certificates of Identification to foreigners who have obtained Filipino

citizenship;

(I) Issue letter orders and permits to carry firearms, ammunition, and communications
equipment to authorized immigration operatives for use in enforcement operations and
in the execution of warrants: Provided, That such firearms are owned and issued by the

Commission;

(m) Inspect the documents, premises, and records of persons covered by this Act;

(n) Deputize any official or employee of the national government and local government
units, including uniformed personnel of the Armed Forces of the Philippines, the
Philippine National Police and the Philippine Coast Guard to perform immigration duties

and functions subject to the concurrence of the Board;


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(0) Authorize and prescribe the forms and the amount of cash bonds for the provisional

release of respondents in deportation proceedings;

(p) Impose reasonable fines and penalties for violation of immigration and alien
registration laws in accordance with this Act and the guidelines adopted by the

Commission;

(q) Provide an express lane for the rendition of services upon payment of prescribed
fees by airlines/shipping companies or other persons served and to deposit in a
government authorized depository bank all such fees received under a trust fund that
may be made available for the payment of allowances to employees of the Commission

subject to existing accounting and auditing rules and regulations;

(r) Accept donation of materials, equipment or technical services from any foreign
government, international or domestic organization, to upgrade the efficiency and

operations of the Commission;

(s) Submit to the President, and to Congress, annually or as may be directed, a report
on: (1) the number and the status of foreigners in the Philippines; (2) foreigners
admitted or granted change of status as permanent residents; (3) foreigners who have
been excluded or deported from the Philippines; (4) estimated number of illegal
foreigners in the Philippines in each calendar year and actions taken to arrest them; and

(5) such other transactions of the Commission;

(t) Prepare and submit supplemental budget of the Commission for the consideration of

the Department of Budget and Management;

(u) Prescribe such rules, regulations or other administrative issuances to carry out

provisions of this Act;


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(v) Prescribe the appropriate forms and bonds, reports, entries, and other papers in

accordance with this Act; and

(w) Perform such other functions inherent to the Commission.

CHAPTER 3
THE DEPUTY COMMISSIONERS

SEC. 8. Appointment and Rank of Deputy Commissioners. — There shall be four (4)
Deputy Commissioners who shall be appointed by the President. They shall have the
rank, salary and privileges of a Department Assistant Secretary,

SEC. 9. Duties of Deputy Commissioners. — In addition to their duties as members of
the Board, the Deputy Commissioners shall exercise additional powers, subject to the

approval of and as may be assigned by the Board, in the following areas of concern as:

(a) Deputy Commissioner for Administration, Finance, Planning, Legal Affairs, and

Information and Communications Technology;

(b) Deputy Commissioner for Regional Operations, Registration, Immigration

Regulation, and Visas and Special Permits;

(c) Deputy Commissioner for Intelligence, Enforcement, Fraud Prevention, and

Complaints and Prosecution; and

(d) Deputy Commissioner for International Policies, Cooperation and Social Integration


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CHAPTER 4

THE BOARD OF COMMISSIONERS

SEC. 10. Powers and Functions of the Board. — The Board shall have the following

powers and functions:

(a) Decide on deportation cases;

(b) Act on appeals or decisions promulgated by immigration hearing officers;

(c) Act on applications or recommendations for revocation of immigration status;

(d) Act on applications for recognition of Philippine citizenship by reason of birth or

marriage;

(e) Decide on applications for legalization of residence in accordance with law;

(f) Prescribe and promulgate rules of proceedings before it;

(g) Cite and punish for contempt any person in accordance with the Rules of Court;

(h) Prepare and publish operations manual and rules of procedure, including schedule

of fees, for all transactions entered into by the Commission with the public;

(i) Formulate policies, directives, programs and projects of the Commission consistent

with this Act; and

() Perform such other functions and powers as may be provided by existing laws, rules
and regulations not inconsistent with any of the provisions of this Act and other existing

laws.


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SEC. 11. Decisions of the Board. — In all cases or proceedings before the Board, the
decision of the majority shall prevail. Decisions of the Board shall become final and
executory fifteen (15) days from receipt thereof. Only one (1) motion for reconsideration
shall be allowed to be filed with the Board Decisions, the resolution of which may be
appealed to the Office of the President within fifteen (15) days from receipt thereof,
whose decision shall be immediately executory unless stayed by an order of the Court

of Appeals.

The filing of a motion for reconsideration or an appeal shall stay the execution of the
decision subject thereof unless the Board, in the interest of national security and/or

public safety, directs its execution pending appeal.

SEC. 12. Period for Decision by the Board. — The Board of Commissioners shall
decide all cases within thirty (30) days from the date they are submitted for decision or

resolution.

SEC. 13. Meetings of the Board, — In all cases, the Board of Commissioners shall
convene and act as a collegial body in all matters referred to in Section 10 of this Act.
The Board shall meet at least once a week, or if necessary, twice a week. Members of
the Board shall be notified accordingly and the presence of at least three (3) members

shall constitute a quorum.

SEC. 14. Board Secretary. — That Board shall be assisted by a Board Secretary who
shall be appointed by the Commissioner. He/she must be a member of the Philippine
Bar in good standing for at least three (3) years prior to his/her appointment. He/she
shall keep a docket book for deportation cases, applications for revocation of
immigration status, applications for recognition of Philippine citizenship by reason of
birth, marriage, applications for legalization of residence, and applications for refugee

status.


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CHAPTER 5
THE EXECUTIVE DIRECTOR

SEC. 15. Appointment; Tenure; Rank. — There shall be an Executive Director of the
Commission who shall be appointed by the Secretary upon the recommendation of the
Commissioner, whose term shall be co-terminous with the Commissioner, and shall the
rank, salary and privileges of a Director IV. He/She must be a natural born citizen of the
Philippines, at least thirty (30) years of age and a member of the Philippine Bar in good

standing for at least five (5) years prior to his appointment.

SEC. 16, Powers and Duties. — The Executive Director shall:
(a) Advise and assist the Commissioner in the formulation and implementation of the

objectives, policies, plans, and programs of the Commission;

(b) Oversee all the operational activities of the Commission;

(c) Coordinate the programs and projects of the Commission and be responsible for its
economical, efficient, and effective administration;
(d) Administer oaths in connection with all matters relating to the business of the

Commission; and

(e) Perform such other duties as may be assigned by the Commissioner.

CHAPTER 6

THE BOARD OF SPECIAL INQUIRY

SEC. 17. Constitution of Boards of Special Inquiry. — There shall be constituted as
many Boards of Special Inquiry as required in the exigency of service but not more than

twelve (12). Each Board shall be composed of a Chairperson and two (2) members. The


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Board shall be designated according to their areas of specialization to be determined by

the Board.

SEC. 18. Appointment and Qualification of the Chairpersons and Members of the
Boards of Special Inquiry. — The Chairpersons and members of the Boards of Special
Inquiry shall be appointed by the Commissioner, all of whom shall be natural-born
citizens of the Philippines and, at the time of their appointment, at least thirty (30) years
of age, members of the Philippine Bar in good standing, and engaged in the practice of
law for at least three (3) years. They shall hold office during good behavior unless

sooner removed for cause.

SEC. 19. Powers and Functions of the Boards of Special Inquiry. — The Boards of

Special Inquiry shall

(a) Administer oaths;

(b) Cite and punish for contempt in accordance with the pertinent provisions of the

Revised Rules of Court;

(c) Issue subpoena duces tecum and subpoena ad testificandum to witnesses to appear

in acase being heard by the Board of Special Inquiry;

(d) Recommend to the Board the imposition, waiver or reduction of fees, fines,

penalties, and other charges subject to existing laws, rules and regulations;

(e) Exercise exclusive original authority to hear and recommend to the Board for final

resolution of the following cases:

(1) Deportation;


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(2) Applications for revocation of immigration status;

(3) Applications for recognition of Philippine citizenship by reason of birth or

marriage;

(4) Applications for legalization of residence in accordance with law;

(5) Application for issuance of visa for stateless person;

(f) Perform such other functions and duties as may be directed by the Commissioner.

SEC. 20. Proceedings Before the Boards of Special Inquiry. — The proceedings before
the Boards of Special Inquiry shall be public and recorded. In all cases, the Boards of
Special Inquiry shall meet and act as a collegial body. Only members of the Philippine
Bar in good standing shall appear for and in behalf of any party before the Boards of

Special Inquiry.

SEC. 21. Resolutions of the Boards of Special Inquiry. — Cases before the Boards of
Special Inquiry shall be resolved within five (5) working days from the date the same are
submitted for resolution Said resolution shall be submitted immediately to the Board for

action.

CHAPTER 7

DIVISIONS OF THE COMMISSION

SEC. 22. Divisions and Other Operating Offices of the Commission. — The Commission

shall have the following divisions and other operating offices, namely:

(1) Administrative;


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(2) Finance;

(3) Information and Communications Technology;

(4) Planning and Research Department,

(5) International Policies and Cooperation;

(6) Social Integration;

(7) Intelligence;

(8) Law Enforcement;

(9) Anti-Fraud;

(10) Legal Affairs;

(11) Immigration Regulation;

(12) Registration;

(13) Visas and Special Permits;

(14) Complaints and Prosecution;

(15) Internal Audit Office; and

(16) National Operations Center.


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SEC. 23. Heads of the Divisions and Other Operating Offices. — Each Division and
other operating office shall be headed by a Director to be appointed by the Secretary
upon the recommendation of the Commissioner: Provided, however, that the Director
for Legal Affairs and the Director for Complaints and Prosecution shall be members of
the Philippine Bar in good standing, and must have been engaged in the practice of law
for at least five (5) years. The Director for Finance shall be a Certified Public Accountant
in good standing and must have been engaged in the practice of accountancy for at

least five (5) years.

SEC. 24. Duties and Functions of the Divisions and Other Operating Offices. - The
different Divisions and other operating offices of the Commission shall operate in
accordance with their respective duties and functions as defined by the Commissioner,
subject to the requirements of efficiency, economy, transparency, accountability and
effectiveness, and pertinent budget, accounting, auditing, and civil service laws, rules

and regulations

CHAPTER 8
REGIONAL OFFICES

SEC. 25. Field Offices of the Commission. — The Commission shall operate and
maintain a Regional Immigration Office in each of the administrative regions including

the National Capital Region

The Regional Immigration Offices of the Commission shall be headed by Regional
Immigration Officers, all of whom shall be appointed by the Secretary upon the

recommendation of the Commissioner.

SEC. 26. Border Control Stations. — There shail be established Border Control Stations,
which shall be manned by Border Control Officers appointed by the Commissioner and

whose duties and responsibilities shall be determined by the Commissioner. The Border


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Control Stations shall be placed in specific areas in the Philippines as shall be

determined by the Board.

SEC. 27. Changes in the Composition and Distribution of Assignment of Regional
Offices. — The Commissioner may make changes in the composition, distribution, and
assignment of Regional Immigrations Offices, as well as its personnel, based on the
demographics of Philippines’ foreigner population and as the exigency of the service

requires,

SEC. 28. Immigration Officers. — The position of Immigration Officer is hereby created.
No person shall be appointed to the said position unless he/she is a holder of a
bachelor's degree holder and a first grade civil service eligible. Immigration Officers
shall perform the following duties:

(a) Examine, with the assistance and advice of medical authorities in appropriate cases,
foreigners at the port of entry concerning their admissibility to enter and their

qualifications to remain in the Philippines;

(b) Exclude foreign nationals not properly documented, and to admit foreign nationals

complying with the applicable provisions of immigration and related laws;

(c) Administer oaths in connection with the performance of their duties;

(d) Search for foreign nationals in any vessel believed to be used to illegally bring
foreign nationals into the Philippines, and to arrest without warrant any foreigner who in
his presence or view is entering or is about to enter the Philippines in violation of

immigration and related laws, rules and regulations;

(e) Act as control officer with authority to prevent the departure of passengers not

complying with departure requirements; and


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(f) Perform such other functions as may be assigned by the Commissioner from time to

time consistent with this Act.

SEC. 29. Designation of Employees. — The Commissioner may designate, in
accordance with civil service laws, rules and regulations, any competent and qualified
employee of the Commission, to act as Immigration Officer; or assign any employee to
other offices within the Commission and/or assign him/her additional or other duties as
the best interest or exigency of the service may require.

SEC. 30. Assignment of Employees to do Overtime Work, — The Commissioner may
assign immigration employees on an eight-hour shifting basis and if necessary, may
perform overtime work or services pursuant to existing guidelines and at rates

consistent with existing laws and civil service regulations.

SEC. 31. Deployment of Immigration Personnel Abroad. — Within ninety (90) days from
the effectivity of this Act, the Department of Foreign Affairs 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 Ill
IMMIGRATION

CHAPTER 1
NON-IMMIGRANTS


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SEC. 33. Categories of Non-Immigrants and Types of Visa to be 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:

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

2. Pleasure (A-2 Visa) — Temporary visitors who stay in the Philippines for a holiday

or vacation, including sightseeing, recreation, or visiting relatives.

3. Health (A-3 Visa) — Temporary visitors who stay in the Philippines to avail of

medical treatment.

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

(c) Crew members (C Visa) - Members of the crew of vessels required for the normal
operation and servicing of such vessels, who come to the Philippines temporarily as

part of their jobs either arriving with or coming to join the vessels;

(d) Treaty Traders and Treaty Investors:


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1. Treaty Trader (D-1 Visa) — Citizens of a country, including their family members,
that has a trade treaty with the Philippines who to work in the Philippines for either
a company they own or one that is at least fifty percent (50%) owned by other
nationals of their home country and which company is engaged in substantial trade

between the Philippines and their home country.

2. Treaty Investor (D-2 Visa) — Citizens of a country, including their family
members, that has an investor treaty with the Philippines who come to work in the
Philippines for a business they own or one that is at least fifty percent (50%)
owned by other nationals of their home country and which business is supported

by a substantial investment from nationals of their home country,

(e) Accredited Foreign Government Officials, their Families, and Attendants (E Visas) —
Foreign government officials, their families, and attendants coming to the country for
official purpose, pursuant to international conventions and bilateral agreements, shall be
granted E Visas divided into three (3) types, namely’

1, E-1 Visa — The E-1 Visa shall be issued to persons enjoying diplomatic immunities

and privileges, particularly the following classes of foreign nationals:

a. Heads of state, heads of government, and their personal representatives;

b. Members of reigning royal families recognized by the Philippine

Government;

c. Governors-general, governors, and high commissioners of dependent

territories and their personal representatives;

d. Cabinet ministers and their deputies and officials with the rank of cabinet

ministers;


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e. Presiding officers of national legislative bodies;

f. Justices of the highest national judicial bodies:

g. Diplomats and career consular officials;

h. Diplomatic couriers regularly and professionally employed as such;

i. Military and other attaches assigned to a diplomatic mission;

j. Members of official ad hoc missions of a diplomatic character,

k. Representatives of international organizations who have diplomatic status

and bearing diplomatic passports issued by their governments;

|. Officials of international organizations bearing diplomatic passports when

traveling on official business;

m. Members of delegations proceeding to or from an international conference

of an official or diplomatic nature;

n. Accompanying spouses and unmarried minor children of foreigners within

the abovementioned categories; and

©. Such other officials coming to the Philippines on diplomatic missions.

2. E-2 Visa — 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.


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This category includes, inter alia, the members of the staff of an embassy or consulate,
the staff of international organizations, and official students or participants in programs

under the auspices of the Philippine Government or recognized international institutions

The family members of the abovementioned persons shall also be issued E-2 Visa.

3. Persons entitled to E-3 Visa - The E-3 Visa shall be issued to the members of the
household, the attendants, servants and employees of persons to whom E-1 and E-2

visas have been granted;

(a) Students (F Visa) - Foreign students having means sufficient for their support and
education in the Philippines who seek to enter the Philippines temporarily for the sole
purpose of taking up a course of study higher than high school at a university/seminary,
academy or college accredited for such foreign students by the Commission on Higher
Education. Their collaboration shall include the monitoring of the status of activities of

such foreign students in the Philippines;

(b) Prearranged Employment (G Visa) - Foreign nationals coming to the Philippines on
prearranged employment, including their family members accompanying or following to
join them within the period of their employment. This category includes intra-company
transferees, professionals, performing artists, athletes, and cultural exchange workers

under a work exchange program;

(c) Religious Workers (H Visa) - Duly ordained or professional missionaries and
religious ministers including members of their family coming to the Philippines to join a
religious congregation or denomination duly registered with the Securities and
Exchange Commission, upon invitation, sponsorship or guarantee of such religious
congregation or denomination, solely for the purpose of propagating, teaching and

disseminating their faith or religion;


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(d) Representatives of International Organizations and Government Agencies (I Visa) —
Officials, principal representatives and foreign workers of accredited international
organizations as well as missions, including their family members, staff and servants.
The term "accredited international organization" includes any public international
organization in the activities of which the Philippines participates pursuant to any treaty
or under the authority of any act of Congress of the Philippines authorizing such
participation or making an appropriation for such participation and such other
international organizations, institutions, agencies, programs, foundations and entities
which are recognized by the government of the Republic of the Philippines, including
those existing and already recognized as such at the time of the effectivity of this Act.
The term "staff" includes the employees of persons to whom the E-3 visa has been
granted; (}) Media Workers (J Visa) Foreign media personnel or correspondents, duly
accredited by the government agency concerned, who are bona fide representatives of
a foreign press, radio, satellite, television, film, or other information media, and are
coming to the Philippines solely to engage in gathering information principally for
dissemination abroad, including their family members accompanying or following to join
them during the period of the assignment in the Philippines; (k) Exchange Visitors (K
Visa) - Foreign nationals entering the Philippines to teach, study, observe, conduct
research or receive training in a specific Exchange Visitor Program duly approved by
the Philippine Government; (I) Refugees (L-1 Visa) & Stateless Persons (L-2 Visa) -
Refugees as defined in Section 3(x) hereof shall be issued L-1 Visa. Stateless persons,
whose admission for humanitarian reasons and not inimical to public interest has been
approved by the Commissioner or the President in such cases and under such
conditions as he/she may prescribe, shall be issued L-2 Visa; and (m) Special Non-
Immigrants (M Visas) - Such other foreign nationals including their family members who
may be admitted as non-immigrants under special laws or foreign nationals not
otherwise provided for by this Act who are coming for temporary periods only, and
whose admission is authorized by the Commissioner or the President in the interest of
the public or for humanitarian considerations and under such conditions as he/she may

prescribe


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Sec. 33-A Visa Policy. - The policies governing the issuance, extension, renewal and
conversion of visas referred to in the Section 33 hereof shall be jointly formulated by the
Commission and the Department of Foreign Affairs and when appropriate, the
Commission and the Department of Foreign Affairs shall consult with the concerned

government agencies or offices relative thereto.

CHAPTER 2 - IMMIGRANTS

Section 34, Quota Immigrants. — Subject to conditions set forth in this Act, there may
be admitted into the Philippines, immigrants, termed "quota immigrants", not to exceed
two hundred (200) of any one nationality based on immigration reciprocity for any one
calendar year, and upon allotment by the Commissioner of the corresponding quota
number. In the allotment of quota numbers, the following order of preference shall be
observed:

(a) _ First Preference - those whose service and qualifications show high educational
attainment, technical training, specialized experience, or exceptional ability in the
sciences, arts, professions, or business as would reasonably enhance and contribute
substantial benefits prospectively to the national economy, or cultural or educational
interests or welfare of the Philippines, including their family members, accompanying or
following to join them, who shall likewise be allotted individual quota numbers; (b)
Second Preference - Parents of a naturalized Philippine citizen; (c) Third Preference -
Spouses or minor children of foreign nationals who are lawful permanent residents of
the Philippines; and (d) Fourth Preference - Parents of foreign nationals who are lawful

permanent residents of the Philippines.

Section 35. Allotment of Quota. — The Commissioner shall, with respect to the first
preference, allot not more than fifty percent (50%) of the annual quota allotment up to
the end of June each year: Provided, however, That if the fifty percent (50%) is not

utilized by the first preference, the balance thereof shall be given to the second and


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third preferences in accordance with Section 34 of this Act. Any unused quota allotment

for a calendar year cannot be carried over and utilized for the ensuing calendar year.

Section 36. Basis in Determination of Quota Allotment. — The nationality of an
immigrant whose admission is subject to the numerical limitation imposed by Section 34
of this Act shall be that of the country of which the immigrant is a national or a citizen
The nationality of an immigrant possessing dual nationality may be that of either of the
two countries regarding him as a national or citizen if he applies for a visa in a third
country. If he/she applies for a visa within one of the two countries regarding him/her as
a national or citizen, his nationality shall be that of the country in which he/she shall file

his/her application for a visa to enter the Philippines.

Section 37. Non-Quota Immigrants. — The following immigrants, termed "non-quota
immigrants", may be admitted without regard to numerical limitation and immigration
reciprocity: (a) The spouse of a Philippine citizen: Provided, however, That the
abandonment and failure to give support by the foreign spouse to his Filipino wife and
family, legal separation, or termination of the marital status by annulment, declaration of
nullity of marriage or divorce where the cause is attributable to the foreign spouse, shall
constitute grounds for cancellation of the immigrant visa issued to the foreign spouse:
(b) A person of Filipino descent regardless of generation; (c) A child born to a foreign
mother during her temporary visit abroad, the mother being a lawful permanent resident
of the Philippines, if accompanied by or coming to join the mother who applies for
admission within five (5) years from the birth of the child; (d) A child born subsequent to
the issuance of the immigrant visa of the accompanying parent, the visa not having
expired or revoked; (e) A foreign national who had been previously lawfully admitted
into the Philippines for permanent residence, who is returning from a temporary visit
abroad to an unrelinquished residence in the Philippines; and (f) A natural born citizen
who becomes a naturalized citizen of a foreign country, and is returning to the

Philippines for permanent residence therein, including his/her spouse and minor


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children accompanying or following to join him/her, except the one who has re-acquired

or retained his/her Philippine citizenship pursuant to Republic Act No. 9225

Section 38. Status of Children Born to Foreign Nationals. — (a) A child born in the
Philippines to parents who are foreign nationals and lawful residents of the Philippines
shall be deemed a native-born permanent resident. (b) A child born to parents who are
both non-immigrants shall be deemed a native-born non-immigrant or temporary
resident and may remain in the Philippines only during the period of authorized stay of
the parents, unless he/she reaches the age of eighteen (18) years while continuously
residing in the country, in which case he/she may apply for naturalization under existing

laws or for an appropriate visa.

CHAPTER 3 - ADJUSTMENT OF STATUS.

Section 39. Conditions for Adjustment of Status of Foreign Nationals. — The status of a
foreign national admitted into the Philippines as non-immigrant may be adjusted by the
Board to that of a foreigner lawfully admitted as a permanent resident if: (a) the
foreigner makes an application for such adjustment; (b) the foreigner is eligible to
receive a quota or non-quota immigrant visa and is admissible to the Philippines as a
permanent resident; and (c) a quota immigrant visa, if such is the case, is immediately
available to him/her at the time of his/her application, without the need of first departing
from the Philippines. In all such cases, the personal appearance of the foreigner shall

be required during the consideration of his/her application

Section 40. Effect of Approval of Application for Adjustment. — Upon the approval of an
application for adjustment of status under the preceding section, the Commissioner
shall record the foreign national's lawful admission as a permanent resident as of the
date of the approval of the application and shall be included as part of the quota for the

calendar year in accordance with Section 34 of this Act


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Section 41, Adjustment of Status, When Not Allowed, — Adjustment of status under
Section 39 of this Act shall not be applicable to (a) a foreign crewmember, (b) a foreign
national who has violated or is in violation of immigration laws, rules and regulations
unless the same is through no fault of his/her own or for purely technical reasons; (c) a

foreign national admitted as a temporary visitor without visa, and (d) transients.

CHAPTER 4 - DOCUMENTATION AND ADMISSION OF NON-IMMIGRANTS

Section 42. Documentary Requirements of Non-immigrants. — Non-immigrants must
present for admission into the Philippines valid passports issued by the governments of
the countries to which they owe allegiance to or other travel documents showing their
origin and identity as prescribed by regulations and a valid visa granted by the
Commission or Philippine Consular Officer, if required under existing laws, rules,

regulations, or multi-lateral or bilateral agreements

Section 43. Conditions and Period of Authorized Stay of Temporary Visitors. — The
initial period of authorized stay of a foreign national admitted as a temporary visitor
under Section 33 of this Act shall not exceed two (2) months from the date of arrival
Extensions of authorized stay may be granted under terms and conditions as may be
prescribed by the Commissioner: Provided, That the total period of authorized stay shall
not exceed twenty-four (24) months: Provided further That during the foreign national's
authorized stay: (a) he/she shall not take any employment, whether paid or unpaid: (b)
he shall not establish or join in any business; or (c) he shall not enroll and become a
student at a school, college, university, academy, or other educational institution, unless
he/she is granted, upon proper application, a conversion to another immigration status

provided under this Act.


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Section 44. Conditions for Issuance of Pre-arranged Visas. — A visa for a nonimmigrant
referred to in Section 33, paragraph (g) of this Act who is coming to the Philippines for
prearranged employment shall not be issued by a consular officer until the consular
officer shall have received authorization for the issuance of the visa. Such authorization
shall be given only upon filing a petition with the Board establishing among others, that
no person can be found in the Philippines willing and competent to perform the work or
service for which the foreigner is desired and that his/her admission would be beneficial
to the public interest. The petition shall be under oath by the prospective employer or

his representative in the form and manner prescribed by the Board

If the Board finds that the petition complies with the requirements of the preceding
paragraph and of other regulations, it shall grant the petition and shall promptly transmit
the authorization to the Department of Foreign Affairs and/or Consular Office

concerned

Section 45. Submission of Crew List and Passenger Manifest to the Commission, —
Simultaneous to the departure from the vessel's port of origin, the master, captain,
agent, owner or consignee of any commercial vessel arriving to the Philippines shall
submit to and received by the Commission within a reasonable time prior to such arrival,
the crew lists, passenger manifests and such other information concerning the persons
arriving on such vessel. In the same manner and condition, the master, captain, agent,
‘owner or consignee of any commercial vessel departing from any port in the Philippines
shall submit to and received by the Commission within a reasonable time prior to such
departure, the crew list, passenger manifest and such other information concerning the
persons departing on such vessel. The crew lists of an incoming sea craft shall be duly
visaed by the appropriate Consular Officer.

Section 46. Inspection of Crewmembers. — It shall be the duty of the master, agent,
‘owner or consignee of any vessel arriving in the Philippines to have available on board,
for inspection by the Immigration Officer, any foreign crewmember employed on such

vessel and to detain such crewmember on board after inspection and to remove such


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crewmember when required by the immigration authorities. No crewmember employed
‘on board such vessel shall

be discharged while the vessel is in port without the permission of the Commissioner.

Section 47. Permission for Temporary Landing of Foreign Crewmembers. — A foreign
crewmember employed on a vessel arriving in the Philippines may be permitted to land
temporarily under such conditions as shall be prescribed by the Commissioner. All
expenses incurred by the Commission while the crewmember is on land shall be borne

by the master, captain, agent, owner, or consignee of the carrying vessel

CHAPTER S - REFUGEE STATUS

Section 48. Grant of Refugee Status. - Person seeking refugee status may apply for
recognition as a refugee upon seeking admission at any port of entry or at any
reasonable time after admission. Refugee status shall be granted after a determination
by the Board that an applicant meets the qualifications of a refugee as defined in
Section 3 (z) hereof. Refugee status shall not be granted to an applicant if he/she: (a)
has committed a crime against peace, a war crime, or crime against humanity or any
other crime under international law; (b) has committed a serious non-political crime
outside the Philippines prior to his admission as a refugee; or (c) has been guilty of an

act contrary to the purposes and principles of the United Nations.

Section 49. - Cessation of Refugee Status. — Refugee status granted under the
previous section shall cease if a refugee: (a) Voluntarily repatriates himself/herself or
has re-established himself/herself in another State; (b) Acquired a new nationality and
enjoys the protection of such as State; or (c) Can no longer continue to refuse to avail
the protection of the country of his/her nationality or, not having a nationality, is able to
return to the country of former habitual residence in view of the cessation of the reasons
that resulted to his/her being a refugee: Provided, That this ground shall not apply if a

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Section 50. Effect of Grant of Refugee Status to Refugee Dependents — A spouse,
minor child, and other dependents of a refugee who is granted a refugee status may, if
not otherwise eligible under Section 48, be granted the same status as the refugee to

assure family unity or when itis in the public interest

Section 51. Confidentiality of Information. — In proceedings for the recognition of refugee
status, the confidentiality of information shall be respected and no information relating to

the refugee shall be shared with the country of origin, directly or indirectly

Section 52. Burden of Proof — In proceedings for the recognition of refugee status, the

burden of proof lies with the applicant, subject to the principle of non-refoulement.

Section 53. Stay of Exclusion or Deportation. — Notwithstanding the provisions of
Sections 78 and 86, the exclusion from entry and deportation of a foreigner shall be
stayed during the pendency of an application for refugee status. Where grounds under
Section 78 are present, the refugee shall be allowed entry and the application shall be

immediately referred by the Immigration Officer to the Board.

Section 54. Detention of Refugee. - Detention of refugee shall only be resorted to in
cases arising out of illegal entry or unauthorized stay after consideration of other

alternatives, as may be determined by the Commissioner.

CHAPTER 6 - DOCUMENTATION AND ADMISSION OF IMMIGRANTS

Section 55. Documentary Requirements of Immigrants; Instances When Not Required.
— Immigrants must present for admission into the Philippines valid passports or travel
documents issued by the goverment of the country to which they owe allegiance,
showing their nationality and identity and valid visas issued by the Consular Officer
indicating the date of issue and the period of validity thereof. Immigrant visas, however,

shall not be required of the following:


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(a) A child bom subsequent to the issuance of a valid immigrant visa to the
accompanying parent;

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

(c) A foreigner who is returning to an unrelinquished lawful permanent residence in
the Philippines after a temporary residence abroad and presents for admission a valid

reentry permit.

CHAPTER 7 - VISA ISSUANCE

Section 56. Nature of Visa. — Nothing in this Act shall be construed to automatically
entitle any foreign national to whom a visa or other travel document has been issued to.
enter the Philippines if, upon arrival at a port of entry, he/she is found to be inadmissible

under this Act or any other law.

Section 57. Requirements for Issuance of Visa. — Under the conditions and subject to
the limitations prescribed in this Act or regulations issued hereunder, the Commissioner
may approve the issuance of the following visa, upon the recommendation of a
Consular Officer in the following manner.

(a) An immigrant visa may only be issued to a foreign national who has made a
proper application therefor, which shall specify the foreign country, if any to which the
quota the number is assigned, the immigrant's particular status in such country, the
preference to which the foreigner is classified, the date on which the validity of the visa
shall expire, and such additional information as may be required;

(b) The Department of Foreign Affairs, through its Consular Office abroad and
through the Office of the Visa Director, shall approve the issuance of a non-immigrant
visa to a foreign national who has made a proper application therefor in accordance with

Section 33 of this Act.


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All diplomatic visas under Section 33 (e) of this Act shall be exclusively issued by the
Department of Foreign Affairs in accordance with the Vienna Convention on Diplomatic
Relations

All other non-immigrant visas under Section 33 shall be issued b the Consular Officer,
when the application is made abroad, or may be issued by the Office of the Visa
Director, when the application is made in the Philippines for conversion or renewal

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

recommendation of the government agency or office concerned.

Section 58. Requirements for Physical and/or Mental Examination Prior to Issuance of
Immigrant Visa. - Prior to the issuance of an immigrant visa to any foreign national, the
Consular Officer shall require such person to submit to a physical and mental
examination in accordance with such regulations as may be prescribed by the
Commissioner. In addition, said foreign national shall be required to personally plant fifty
(50) trees except when he/she is physically incapable of doing so, in which case, he/she

may cause another person to person to plant the trees,

Section 59. Validity of Visa. — A non-immigrant or immigrant visa issued by a Consular
Officer abroad pursuant to Section 57 of this Act shall be valid for a period of not
exceeding six (6) months, in prescribing the period of validity of a non-immigrant visa,
the Consular Officer shall, insofar as practicable, accord to such nationals the same
treatment on a reciprocal basis as such foreign country accords to citizens of the
Philippines who are within a similar class. An immigrant visa may be replaced under the
original number during the calendar year in which the original visa was issued for a
foreigner who establishes to the satisfaction of the Consular Officer that he/she was
unable to use the original immigrant visa during the period of its validity for reasons
beyond his/her control: Provided, That the foreign national is found by the Consular

Officer to be eligible for another immigrant visa and has paid all the fees.


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Section 60. Denial of Visa, Grounds Thereof. — The Consular Officer may deny the
application for visa

(a) If it appears from the statements in the application or in the documents submitted
the applicant is not entitled to a visa under this Act; or

(b) If he/she fails to comply with the requirements of the provisions of this Act

Section 61, Revocation of Visa Issued by Consular Officer. — The Commissioner may,
for valid cause and upon confirmation of the Secretary of Foreign Affairs, revoke the
visa issued by any Philippine Consular Office. If the notice of revocation is not received
and the visa holder applies for admission into the Philippines, his/her admission or entry

shall be determined by the Immigration Officer upon his/her arrival at the port of entry.

CHAPTER 8 - RE-ENTRY AND EMIGRATION CLEARANCE

Section 62. Re-entry. — Every time a registered foreign national, except a temporary
visitor, departs or about to depart temporarily from the Philippines with intention to
return, he/she must pay a re-entry fee, emigration clearance fee and head tax:
Provided, That said foreign national returns to the Philippines within a period of one (1)
year from his/her departure in order to maintain his/her visa category. Otherwise, he/she
shall apply for an extension of the period within which to return prior to its expiration and
pay the prescribed fees and charges therefor: Provided, further, that if his/her
authorized stay is less than one (1) year, he/she shall pay a special return fee,
emigration clearance fee and head tax for every departure: Provided, finally, that in both
cases, if the registered foreign national depart permanently from the Philippines, he/she
shall surrender all his/her Philippine immigration documents to the Commission, and
apply for and be issued an Emigration Clearance Certificate upon payment of the
prescribed fees and charges therefor, subject to the following conditions:

(a) He/she has no pending obligation with the government or any of its agencies or

instrumentalities;


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(b) He/she has no pending criminal, civil, or administrative proceeding which
requires his/her continued presence in the country; and

(c)__ There is no ongoing legislative inquiry where he/she is called upon to testify as a
witness.

Section 63. Emigration Clearance, — Any temporary visitor departing from the
Philippines shall, after the expiration of his/her initial authorized stay, apply for
emigration clearance with the Commission and pay the prescribed fees and charges

therefore.

CHAPTER 9 - PRESIDENTIAL PREROGATIVES

Section 64. Presidential Prerogatives. — Any provision of this Act notwithstanding, the
President may:

(a) Deny the entry and admission into the Philippines of any foreign national or a
class of foreign nationals whenever the President finds that the entry would be
detrimental to the interest of the Philippines or impose such restrictions as he may
deem appropriate;

(b) Waive passport and/or documentary requirements for non-immigrants and
immigrants under such terms and conditions as he/she may prescribe;

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

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

(e) Admit non-immigrants not otherwise provided for in this Act, for humanitarian
consideration and when not detrimental to public interest, under such terms and
conditions as he/she may prescribe;

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

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(g) Exercise, with respect to foreign nationals in the Philippines, such powers as are

recognized by the generally accepted principles of international law.

TITLE IV PROVISIONS RELATING TO ENTRY

CHAPTER 1 - CLASSIFICATION OF PORTS OF ENTRY

Section 65. Authority to Classify Ports. —The Commissioner shall classify and
designate, from among the ports of entry established by law for immigration purposes,
limited or unlimited ports of entry through which foreigners may be admitted into the
Philippines. Only such classes of foreigners as provided under the rules and regulations
prescribed by the Commissioner may be admitted at limited ports of entry. The
Commissioner may, after due notice to the public, close designated ports of entry in the

interest of national security or public safety.

CHAPTER 2 - PROCEDURES ON ARRIVAL

Section 66. Inspection by Immigration Officer — A foreigner seeking admission or
readmission shall present his/her valid passport and visa, if required, to the Immigration
Officer at the port of entry to the Philippines and shall be subject to primary inspection.
The decision of the examining Immigration Officer, if favorable to the admission of any
foreigner, may be challenged by another Immigration Officer. The final determination of
admissibility of such foreigner shall be determined by the Commissioner in case no
resolution is reached between the Immigration Officers on the challenged admission. In
case of admission, the Immigration Officer shall indicate in the passport the date, the

port of entry and the identity of the vessel boarded.

Section 67. Detention or Quarantine for Examination. — For the purpose of determining
whether a foreigner arriving at any port in the Philippines belongs to any of the classes

excludable under this Act, by reason of being afflicted with any of the contagious or


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communicable disease or mental disorder set forth under Section 78(a) of this Act or
whenever the Commissioner has received information showing that foreigners are
coming to the Philippines from a country or have embarked at a place where any of
such diseases are prevalent or widespread, the foreigner shall be detained or
quarantined for a reasonable period of time to enable the immigration and medical

officers to subject such person to observation and examination.

Section 68. Medical Examination Requirement. - Any arriving foreign national whom the
examining Immigration Officer believes to belong under the class of excludable foreign
nationals specified in Section 78(a) herein shall be referred to designated medical
officers for physical and mental examination. Such medical officer shall certify his/her

medical findings for the information of the Immigration Officer.

Section 69. Arrival Notice Requirements of Vessel. - The immigration authorities shall
be given prior notice of the arrival of any civilian vessel before such vessel comes into
any area in the Philippines from any place outside thereof. Such prior notice shall not be
required in the case of vessels with scheduled arrivals filed with the Immigration Officer

in charge at the international port of entry.

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

Section 70. Contents of Notice of Arrival. — The advance notice of arrival required in
the preceding section shall specify the following:

(a) Type of vessel and registration marks;

(b)  Visaed crewilist;

(c) Passenger manifest;

(4) Port of last departure;


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(e) International port of intended destination, or other place authorized by the
Commissioner,
(f) Estimated time of arrival; and

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

CHAPTER 3 - FOREIGN CREWMEMBER

Section 71. Conditional Permit to Disembark. — A foreign crewmember of a vessel
under Section 33, paragraph (c) of this Act, may be granted a conditional permit, in a
form prescribed by regulations, to disembark temporarily from the vessel on which he
arrived while such vessel remains in port under terms and conditions as may be

prescribed by the Commissioner.

Section 72. Confiscation and Cancellation of Permit; Removal from the Philippines. —
Upon the determination that the foreigner is not a bona fide crewmember or does not
intend to depart on the vessel that brought him/her, the Commissioner shall cancel and
confiscate the conditional permit already issued, take such foreigner into custody, and
require the owner, operator, captain, master, pilot, agent or consignee of the vessel on
which the foreigner arrived to receive and detain him/her on board. The expenses for
his/her removal, including the cost of detention and other expenses incidental thereto,
shall be borne by the owner, operator, captain, master, pilot, agent or consignee of such

vessel.

Section 73. Liability for Overstaying Foreign Crewmen. — A foreign crewmember who
remains in the Philippines in excess of the period allowed in the conditional permit
issued to him/her shall be solidarity liable with the owner, operator, captain, master,
pilot, agent or consignee of the vessel to pay the penalties prescribed in Section 126 of

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Section 74.Liability for Unauthorized Discharge of Foreign Crewmen. — It shall be
unlawful for any person, including the owner, operator, captain, master, pilot, agent or
consignee of any vessel to discharge any foreign crewman employed on board a vessel
arriving in the Philippines and whilst in port, without first obtaining the prior permission
of the Commissioner. Otherwise, such person or owner, operator, captain, master, pilot,
agent or consignee of the vessel shall pay the Commission such fine as may be
prescribed under this Act. No such vessel shall be granted clearance from any port in
the Philippines while such fines remain unpaid or while the validity thereof is being
determined: Provided, That a clearance may be granted prior to such determination
upon deposit of a sum or cash bond sufficient to cover such fines as approved by the
Commissioner.

Section 75. Duty to Report Desertion or Illegal Landing of Foreign Crewmember. —The
owner, operator, captain, master, pilot, agent or consignee of any vessel shall
immediately report, in writing, to the Immigration Officer all cases of desertion or illegal
disembarkation in the Philippines from the vessel, together with a description of such

foreigners and any information that shall result in their apprehension

Section 76, Requirement for Submission of List of Newly Employed, Discharged and
Illegally Landed Foreign Crewmember. — Prior to the departure of any vessel from the
last port in the Philippines destined to any place outside thereof, the owner, operator,
captain, master, pilot, agent or consignee thereof shall deliver to the Immigration Officer
at that port a list containing: (a) the names of foreign crewmembers who were not
employed thereon at the time of the vessel's arrival on such port but will depart thereat
on the same vessel; (b) the names of those, if any, who have been discharged; and (c)
the names of those who have deserted or illegally landed at that port, if any; and (d)

such other additional information as the Commissioner deems necessary.

Section 77. Liability for Failure to Submit Complete, True and Correct Report — In case
the owner, agent, consignee, or captain fails to submit a true and complete list or report

of foreigners, or to report cases of desertion or illegal landing, he/she shall pay to the


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Commission such sum as may be prescribed under this Act. No such vessel shall be
granted clearance from any port in the Philippines while such fine remains unpaid or
while the validity thereof is being determined: Provided, That clearance may be granted
prior to such determination upon deposit of a sum or cash bond sufficient to cover such

fines as approved by the Commissioner.

CHAPTER 4 — EXCLUSIONS

Section 78. Exclusion Grounds- The following classes of foreign nationals shall not be
allowed entry and shall be excluded from the Philippines:

(a) Health Related Grounds

1 Those who are found to be suffering from a communicable, dangerous or
contagious disease;

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

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

(b) — Economic Grounds

1 Those likely to become a public charge;

2. Those seeking entry for the purpose of performing skilled or unskilled labor,
without the certification of the Secretary of the Department of Labor and Employment as
required by law;

(c) Moral Grounds

1 Those coming to the Philippines to practice polygamy or who advocates the
practice of polygamy unless his/her religion allows such practices;

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

3. Those who are engaged or who seek to engage in prostitution or to procure or
attempt to procure prostitutes, or who receives in whole or in part the proceeds of

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

(d) Criminal and Security Grounds
4 Those who have been convicted of a crime involving moral turpitude or who
admit to the Immigration Officer having committed such crime, or who attempt and
conspire to commit the crime;
2 Those who have been convicted, or who admit having committed, or are
committing acts which constitute the elements of a violation or conspiracy to violate any
law or regulation of the Philippines or a foreign country relating to 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 in any controlled, regulated or prohibited substance or knows or has reason to
believe is or has been a knowing assister, abettor, conspirator or colluder with others in
the illicit trafficking in any controlled, regulated or prohibited substance;
4. Those who are fugitives from justice;
5. Those who seek to enter the Philippines to engage in:
a Espionage or sabotage, or a violation or evasion of any laws prohibiting export of
goods, technology or sensitive information;
b. Any activity aimed to promote membership in an organization of syndicated
criminal activities;
c. Any activity, the purpose of which is to overthrow the Philippine government by
force, violence or other unlawful means; and
d. Any other unlawful activity.
6. Those who are engaged or believed to be engaged or likely to engage in, aid,
abet or finance any terrorist activity and members or representatives of a foreign
terrorist organization;
7. Those who have been identified by competent authorities, local or foreign, as

having engaged or are engaging in human trafficking and smuggling;


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8. Those who under fifteen years of age, 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.

Section 78-A, Minor Persons/Minority. - Persons under fifteen (15) years of age and not
accompanied by or not coming to a parent, may be admitted: Provided, That the written
consent of either parent allowing them to travel is presented. The written consent must
cite the purpose of the travel and must be affirmed by the Philippine Consular post in

the minor's country of origin

Section 79. Temporary Detention of Excludable Foreigners. — For the purpose of
ascertaining whether a foreigner arriving in the Philippines belongs to any of the
excludable classes of foreigners provided in this Act or related laws, the Immigration
Officer, for a period of seventy-two (72) hours may temporarily detain for investigation
such foreigner, either on board the vessel or at a place designated for the purpose at

the expense of the master, captain, agent, owner or consignee of the carrying vessel.

Section 80, Finality of Exclusion Order. — An order by the Immigration Officer to
exclude a foreign national who is excludable under Section 78 hereof is final and
executory unless revoked by the Commissioner upon a timely appeal prior to the

implementation of the exclusion order.

Section 81. Authority to Waive Grounds for Exclusion. — Except for grounds of
exclusion under Section 78 (d), subparagraphs 1 to 8 and subparagraph 9, the

Commissioner may waive any of the grounds for exclusion mentioned therein

Section 82. Procedure of Removal and Cost Thereof. - Any foreign national arriving in

the Philippines who is ordered excluded shall be immediately removed in the same


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accommodation to the country where he/she boarded the vessel on which he/she
arrived, unless the Commissioner determines that immediate removal is not proper and
practicable. The cost of detention and other expenses incident thereto shall be borne by
the owner, operator, master, pilot, captain, agent or consignee of the vessel in which

he/she arrived,

Section 83. Country Where Removal is to be Directed. — If the government of the
country designated in the preceding section will not accept the foreign national into its
territory, his/her removal shall be directed by the Commissioner, in his/her discretion
and without necessarily giving or preference, either to

(a) _ The country which he/she is a citizen or national;

(b) The country of birth;

(c) The country of his/her habitual residence; or

(d) The country willing to accept the foreign national into its territory, if removal to

any of the foregoing country is impractical or impossible

Section 84. Obligation of Owner, Operator, Master, Captain, Pilot, Agent or Consignee.
— It shall be unlawful for an owner, operator, master, captain, pilot, agent, or consignee
of a vessel to refuse or fail to:

(a) Board a foreigner ordered excluded and removed under Section 78 hereof in the
same vessel or another vessel owned or operated by the same company;

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

(c) Deliver a foreign national for medical or other examination when so ordered by
such officer;

(d) Remove a foreign national from the Philippines to the country to which his/her
deportation has been directed; or

(e) Pay the cost of detention and other expenses incidental thereto of a foreign
national incurred while being detained as required by Section 82 of this Act or other

costs necessary or incident to his/her removal as provided in this Act.


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Section 85. Penalty for Non-compliance of Obligation. — The owner, operator, master,
captain, pilot, agent, or consignee of a vessel who violated Section 84 hereof shall pay
the fine prescribed in this Act. No such vessel shall be granted clearance from any port
in the Philippines while such fines remain unpaid or while the validity thereof is being
determined: Provided, That clearance may be granted prior to such determination upon
deposit of a sum or cash bond sufficient to cover such fines as approved by the

Commissioner.

TITLE V - DEPORTATION

CHAPTER 1 - DEPORTABLE FOREIGN NATIONALS

Section 86, Classes of Deportable Foreigners. — The following foreigners shall be
arrested upon the order of the Commissioner and deported upon recommendation by
the Board of Special Inquiry and approval by the Board;

(a) Those who entered the Philippines by means of false and misleading
statements or documents, misrepresentations, or without inspection and admission by
the immigration authorities;

(b) Those who entered the Philippines who were not lawfully admissible at the
time of entry;

(c) Those who engage, abet or aid in the practice of prostitution including the
owner, manager or inmates of a house of prostitution or are procurers, pedophiles, or
sexual perverts;

(d) Those who, at any time after the date of entry, have become a public charge;

(e) Those who remain in the Philippines in violation of any period of limitation or
condition under which they were admitted;

(f) Those who believe in, advise, advocate or teach the overthrowing by force and
violence of the government of the Republic of the Philippines, or duly constituted
authority, or who do not believe in or are opposed to organized governments, or those

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of their office, or those who advise, advocate, or teach the unlawful destruction of
property, or those who are members of or affiliated with any organization entertaining,
advocating or teaching such doctrines or those who in any manner whatsoever lend
assistance, financial or otherwise, to the dissemination of such doctrines;

(g) Those who at any time after entry engage in, abet, aid or finance terrorist activity;
(h) Those who commit any violation of the provisions of this Act, independent of any
criminal action which may be brought against them; Provided, however, That in the case
of a foreigner who for any reason is convicted and sentenced to suffer both
imprisonment and deportation, said foreigner shall first serve the entire period of his
sentence before being deported;

Provided, further, That the imprisonment may be waived by the President, and upon
payment by the foreigner concerned of such costs, fines and/or damages suffered by
the government or any aggrieved party;

(i) Those who, at any time after entry, are engaged in acts or omissions punishable
under Philippine penal laws cognizable by the Regional Trial Court;

(j) Those who, at any time after entry, are convicted by final judgment of a crime
punishable under Philippine penal laws cognizable by the Regional Trial Courts and the
Sandiganbayan;

(k) Those who are guilty of any offense penalized under the naturalization laws of the
Philippines or any law relating to the acquisition of Philippine citizenship,

(I) Those who defraud their creditors by absconding or alienating properties to
prevent their attachment or execution;

(m) Those who were admitted as non-immigrants and who obtained an adjustment of
their admission status for convenience, or through fraud, falsification of documents,
misrepresentations, or concealment of material facts;

(n) Those who violated Philippine labor and taxation laws, rules and regulations;

(0) Those who, upon prior investigation and hearing, are found to be undesirable and
whose further stay in the Philippines is inimical to public welfare and interest, or the

dignity of the Filipinos, or the Republic of the Philippines as a sovereign nation;


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(p) Those who forge, counterfeit, alter, or falsely make any document; or use, attempt to
use, possess, obtain, accept, or receive or provide any forged, counterfeit, altered, or
falsely made document; or use or attempt to use or provide or attempt to provide,
accept or receive @ genuine document, even of another person, without authority to do
80 for the purpose of satisfying or complying with the requirements for his/her stay in the
Philippines; and

(q) Those whose presence or activities in the country may result in adverse
consequences to Philippine foreign policy as determined by the Secretary of Foreign

Affairs.

Section 87. Rules on Prescription in Deportation Cases. — The right of the State to
initiate at any time deportation proceedings shall not prescribe. Provided, That no
deportation proceedings and orders shall be had against foreigners facing preliminary

investigation, prosecution and trial before the competent authorities.

CHAPTER 2 - DETENTION AND DEPORTATION OF FOREIGN NATIONALS,

Section 88. Issuance of Summons — If the Commissioner determines that there exists
a reasonable ground to deport a foreigner pursuant to Section 86 of this Act, he/she
may issue summons requiring the foreigner to appear in person before the designated

investigating officer at the time, date, and place stated therein.

Section 89. Authority to Issue Warrants of Detention. — The Commissioner may issue a
letter order if he/she determines that a probable cause exists for the filing of deportation
charges against a foreigner for violation of the immigration and other related laws, rules
and regulations or there is a strong probability that a deportable foreigner may flee from

his/her place of abode, go into hiding or surreptitiously leave the country.

Section 90. Formal Charge of Deportation. — A formal charge for deportation shall be

issued upon determination of the existence of a prima facie case against the foreigner.


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Pending final determination of his/her deportation case, the foreigner shall, upon the
discretion of the Commissioner: (a) remain under detention; or (b) be released on bail or
recognizance. The bail may be revoked and confiscated in favor of the government if
there is sufficient evidence that the foreigner is evading the proceedings or is attempting
to abscond, in which case, he/she shall be taken into custody and detained under the

same warrant of detention.

Section 91. Detention of Foreigner Convicted of a Felony or an Offense. — After service
of his/her sentence or compliance with the conditions of his/her parole or probation, as
the case may be, the foreigner shall be taken into custody and placed under detention
by order of the Commissioner. Pending final determination of his/her deportation case,
the foreigner may be ordered released under such terms and conditions prescribed by

the Commissioner.

Section 92. Voluntary Deportation, When Authorized. — In case the foreigner does not
contest the formal charge and opts to voluntarily leave the country at his/her own
expense, the Commissioner may waive the deportation proceedings and order the
departure within the period specified in the voluntary deportation, except in cases of
violations of laws such as Republic Act No. 8042 otherwise known as the “Migrant
Workers and Overseas Filipino Act of 1995: Provided, That he/she has not committed
any criminal offense or has no pending case in court: Provided, That said foreigner shall
be barred from re-entering the country without prior written authorization from the

Commissioner.

Section 93. Contents of an Order or Warrant of Deportation. - The order or warrant of
deportation shall be in form prescribed by the Commissioner and shall state the grounds
therefor, the specific place where the foreigner is to be deported and the period within

which to execute such order.


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Section 94. Period to Enforce Order of Deportation. — The order of deportation shall be
enforced immediately, but in no case shall exceed the period of three (3) months, from
the date it has become final and executory. If deportation is not enforced within the
prescribed period for reasons beyond the control of the Commissioner, the foreigner

shall remain in custody.

Section 95. Suspension of Deportation Order. — Upon application and payment of
prescribed fees by the concerned foreigner, the Commissioner may suspend the
implementation of the deportation order and order his/her release for good cause taking
into account the following factors:

(a) Age, health, family or conduct;

(b) Period of detention;

(c) Impact on national security and public welfare;

(d)  Unavailability of travel documents;

(e) _ Existence of an application for refugee status; or

(f) Other humanitarian considerations.

Section 96. Reinstatement of the Order of Deportation. — An Order of Deportation
previously enforced against a foreigner who unlawfully re-entered the Philippines shall
be deemed reinstated and shall be re-enforced in accordance with this Act, This

provision shall apply to a foreigner who departed voluntarily under Section 92 hereof.

Section 97. Country of Destination of a Deportee. — Except as provided for under
existing treaty or international agreement, the foreigner shall be deported to the country
of which he/she is a citizen or national, or to the country of his/her birth, or to the
country of which he/she is a resident, or to the country from which he/she embarked for

the Philippines, subject to the acceptance by the receiving country.

Section 98. Existence of Danger in Country Where Foreigner is to be Deported. — No

foreigner shall be deported to a country where there exists a danger to his/her life or


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freedom on account of race, religion, nationality, political opinion, or membership in a
particular political or social group, except in the following circumstances:

(a) The foreigner participated, induced, or cooperated in the persecution of any
person on account of race, religion, nationality, political opinion, or membership in a
particular political or social group in the country where he/she is to be deported;

(b) The foreigner is a fugitive from justice in the country where he/she is to be
deported:

(c) The foreigner committed a serious non-political crime in the country where
he/she is to deported; or

(d) The foreigner is an undesirable and/or a danger to the national security of the

Philippines

Section 99, Cost of Deportation. — The cost of deportation shall be borne by the owner,
operator, captain, master, pilot, agent or consignee of a vessel in the case of its foreign
crewmember who is to be deported for violation of Section 100 of this Act. In all other
cases, the cost of deportation shall be borne by the deportee himself/herself, the
concerned consular office, non-government organizations or people's organization with
which the Commission has an agreement on this matter, or from the appropriations for

the enforcement of this Act.

Section 100. Liability of Owner, Captain, Master, Pilot, Agent, or Consignee of a Vessel
— Failure or refusal on the part of the owner, operator, captain, agent, or consignee of a
vessel to take on board, guard safely, and transport the deportee to his/her country of
destination, or to shoulder the cost of deportation of the foreign crewmember as
provided in Section 99 hereof, shall be punished by an administrative penalty prescribed

under this Act.

Section 101. Expenses of the Accompanying Person. — The Commissioner may, by

reason of the mental or physical condition of the deportee, direct an employee of the


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Commission to accompany such deporte to the country of his/her destination, subject
to provisions of the immediately preceding sections

CHAPTER 3 INDIGENT FOREIGNERS

Section 102. Deportation of Indigent Foreigners. — At any time after entry, the
Commissioner may remove 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 such removal may be charged against the available funds of
the Commission. Any foreigner removed 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

Section 103. Requirement of Registration. — A temporary foreign visitor must register
with the Commission or any Immigration Office nearest to his/her place of residence, on
or before the sixtieth (60th) day of his/her arrival in the Philippines

Section 104. Registration Form and Oath. — Applications for registration shall be under
oath and in such form as prescribed by the Commission. Upon registration, a certificate
of registration shall be issued by the Commission to the registrant. In case of loss or
destruction of the certificate, a replacement thereof may be issued by the Commission,

upon proper application and payment of prescribed fees.


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Section 105. Amendment of Registration. — A registered foreign national shall
notify the Commission in writing of any change of information in his/her registration

documents not later than seven (7) days thereof

Section 106. Presentation of Certificate of Registration, —Every foreigner
required to register under this Act or the parent or guardian of such foreigner shall, upon
demand of any authorized immigration official, present his/her certificate of registration,
and failure to do so without justifiable cause shall be dealt with in accordance with the

provisions of this Act.

Section. 107. Reportorial Requirements. — Every foreigner registered under this
‘Act shall, within the first sixty (60) days of every calendar year, report in person to the
Commission, subject to the payment of prescribed fees. The parent or legal guardian of
foreigners below fourteen (14) years of age shall have the duty to comply with the

requirements prescribed under this Act.

Section 108. Failure to Comply with the Requirements. — A foreigner, or his/her
parent or guardian, as the case may be, who, without justifiable reason, fails to comply
with all the requirements under this Act, or who files an application for registration
containing statements known by him/her to be false, or who utilizes registration
documents other than his/her own, shall be dealt with in accordance with the provisions

of this Act and other existing laws.

Section 109. Cancellation of Registration of Foreign National. - In case of death of a
foreigner registered under the provisions of this Act, his/her legal heir, representative or
administrator must inform the Commission within sixty (60) days from date of death and
the Commission shall cancel such registration. The Local Civil Registrar or other civil
registry officer of the locality where said foreigner died shall furnish the Commission

with a copy of the Certificate of Death within thirty (30) days from issuance thereof.


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Failure on the part of the persons concerned to comply with the requirements of this

section shall be dealt with pursuant to the provisions of this Act.

CHAPTER 3 - BONDS AND DEPOSITS

Section 110. Bonds, When Required. — The Commission shall have the authority to
require cash bond in such amounts and under such conditions as it may prescribe

(a) To control and regulate the admission into, and departure from, the Philippines of
foreigners applying for temporary admission;

(b) To insure against foreign passengers liable to be excluded as likely to become
public charges; and

(c) To insure the appearance of foreigners released from custody during the course

of deportation proceedings instituted against them.

Section 111. Requirement of Cash Deposits for Overtime Services. - The Commission
shall likewise have the authority to require cash deposits in such amounts as may be
necessary from vessel's owners, operators, captains, agents, or consignees or other
persons served to cover payments for overtime services to be performed by officers and

employees of the Commission.

Section 112. Cancellation and Forfeiture of Bonds. — When the conditions of the bond
are fulfilled, or in case of a bond posted to insure against a foreigner becoming a public
charge when the Commissioner decides that the likelihood no longer exists, or death of
the foreigner in whose behalf the bond is posted, the bond shall be cancelled and
refunded to the depositor or his/her legal representative. In case of violation of the
conditions of the bond, the same shall be forfeited and deposited in a trust fund account
which may be utilized for the purchase of tickets of indigent deportees and to cover the

costs of operations in the arrest of the deportee who jumps bail

CHAPTER 3 - RECOGNIZANCE


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Section 113. Petitions for Recognizance, Sanction for Breach of Conditions. — The
Commissioner may order the release of a foreigner upon recognizance of his/her lawyer
or a person who is of good standing in the community, under such terms and conditions
as he/she may prescribe. Failure to comply with the terms and conditions of the
recognizance shall subject said lawyer or person to a fine of not less than Fifty
Thousand (P50, 000.00) pesos but not more than One Hundred Thousand pesos
(P100, 000.00), without prejudice to other administrative sanctions and/or proceedings

against the erring party.

CHAPTER 4 - COOPERATION AND COORDINATION WITH OTHER OFFICES

Section 114. Working Cooperation with the Department of Foreign Affairs. - For
purposes of efficient implementation and administration of this Act, the Commission
shall maintain a working cooperation with the Department of Foreign Affairs.

Section 115. Working Cooperation with the Commission on Higher Education. - The
Commission shall maintain a working cooperation with the Commission on Higher
Education with respect to accreditation of schools and learning centers for enrolment of

foreign students as authorized under this Act

Section 116. Coordination with Law Enforcement, Security and Other Offices. - The
Commissioner shall have authority to maintain coordination with the National Security
Council, the Philippine National Police, and other law enforcement agencies of the

government.

CHAPTER 5 - FEES AND CHARGES.

Section 117. Authority of the Commissioner to Prescribe, Impose and Collect Fees and

Charges. — The Commissioner is authorized to prescribe, impose and collect fees and

charges for services rendered pursuant to the provisions of this Act, which shall take


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effect fifteen (15) days after the last publication thereof for two (2) consecutive weeks in

a newspaper of general circulation

Section 118. Head Fee. - Every foreign national who is at least fourteen (14) years of
age and admitted to the Philippines for a temporary stay exceeding sixty (60) days shall

pay a head fee in an amount to be fixed by the Board

CHAPTER 6 - ADMINISTRATIVE FINES AGAINST VESSELS

Section 119. Fines for Failure to Submit Crew List or Passenger Manifest, or Failure to
‘Account Every Passenger and Crew. — Any pilot, master, agent, owner or consignee of
a vessel arriving at any port in the Philippines from a place outside thereof who fails to
submit to the immigration authorities a complete and accurate crew list or passenger
manifest, or fails to produce or account every crewmember or passenger whose name
appears in said list or manifest shall be subject to fines of One Hundred Thousand
pesos (P100,000.00) and Fifty Thousand pesos (P50,000.00) for each unaccounted

person, respectively.

Section 120. Fine for Violation of Obligation on the Landing or Removal of Foreigners —
A pilot, master, agent, owner or consignee of any vessel arriving at a port of the
Philippines from a place outside thereof in violation of this Act shall be fined not less
than Fifty Thousand pesos (P50,000.00) but not more than Two Hundred Thousand

pesos (P 200,000.00) for each violation

Section 124. Fine for Bringing Undocumented Foreigner, or Foreigner Afflicted
with Communicable or Contagious Disease, or Suffering from Mental Disorder. — The
pilot, master, agent, owner or consignee of the vessel arriving at a port
in the Philippines from a place outside thereof bringing on board an
undocumented foreigner shall be fined One Hundred Thousand pesos (P100,000.00)

for each foreigner. If the foreigner is afflicted with a communicable or contagious


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disease or is suffering from mental disorder, the fine shall be not less than Two Hundred
Thousand pesos (P200, 000.00) but not more than Three Hundred thousand pesos (P

300,000.00) for each foreigner.

Section 122. Fine for Bringing a Foreigner to Assist His/Her Illegal Entry or
Misrepresenting a Foreigner as a Member of the Crew. — The pilot, master, agent,
owner or consignee of the vessel arriving at any port in the Philippines from a place
outside thereof bringing on board a foreigner bound for the Philippines to assist his/her
illegal entry, or misrepresenting the foreigner to the Immigration Officer at the port of
arrival as a bona fide member of the crew, shall be fined not less than One Hundred
Thousand pesos (P 100,000.00) but not more than Two Hundred Thousand pesos (P

200,000.00) for each foreigner

Section 123, Fine for Violation of Other Provisions of this Act. - The pilot, master, agent,
owner or consignee of any vessel arriving at any port of the Philippines from a place
outside thereof who violates any other provision of this Act not specifically provided in
this Chapter shall be fined not less than Fifty Thousand pesos (P50,000.00) but not

more than Two Hundred Thousand pesos (P 200,000.00) for each violation.

CHAPTER 7 - OTHER PENAL PROVISIONS

Section 144. Other Prohibited Acts and Penalties Thereof. - Any person who shall
commit any of the acts specified hereunder shall, upon conviction, suffer the penalty of
prision correccional in its maximum period to prision mayor in its minimum period or a
fine of not less than One Hundred Thousand pesos (PhP 100,000.00) but not more than
Five Hundred Thousand pesos (PhP 500,000.00) or both, at the discretion of the court:

(a) Impersonates another individual, or falsely appears in the name of a deceased
individual, or evades the immigration laws by using an assumed or fictitious name when

applying for an immigration document;


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{b) Issues or otherwise disposes of an immigration document or an immigration
accountable form, to any person not authorized by law to receive such documents;

(c) Obtains, manufactures, prints, accepts or uses any immigration or travel
document knowing it to be false or uses immigration accountable form that is not legally
issued;

(d) Enters the Philippines without inspection and admission by the immigration
authorities, or obtains entry into the Philippines by fraud, misrepresentation, or
concealment of material facts;

(e) _ Represents himself/herself to be a Philippine citizen;

(f) Knowingly makes under oath any false statement regarding any immigration
matter; or

(g) Brings into, or lands in the Philippines, or conceals, harbors, employs, or gives
comfort to any person not duly admitted by any border control officer or not lawfully
entitled to enter into or resides within the Philippines, or attempts, conspires with, or

aids another to commit any such acts

Where the offender of any acts specified in paragraph (g) of this Section is a
corporation, company, partnership or other juridical entity, the president, general
manager, managing partner, or chief executive officer thereof shall be held liable
Dismissal by the employee before or after apprehension shall not relieve such employer
from any liability arising from the offense: Provided, That If the offender is the pilot,
master, agent, owner, consignee, or other person in charge of the vessel which brought
the foreigner into the Philippines from any place outside thereof, the fine imposed under
this Section shall constitute a lien against the vessel which may be enforced in the
same manner as fines are collected and enforced under existing laws. Such vessel shall
not e allowed to depart without prior clearance issued by the Commission, Where
forfeiture is justified under the particular circumstances of the case, the forfeiture of the

vessel in favor of the government in lieu of the fine shall be decreed.


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

Section 125. Penalty for Non-compliance of a Subpoena. — Any person who, having
been duly served with a subpoena, fails to comply without valid and justifiable reasons
shall, upon conviction, suffer the penalty of imprisonment of not more than fifteen (15)
days or a fine of not more than One Thousand pesos (P1,000.00), or both, at the

discretion of the court.

Section 126. Penalty for Overstaying Crewmember. — Any foreign crewmember who
willfully remains in the Philippines beyond the period allowed him/her for temporary
landing shall, upon conviction, suffer the penalty of imprisonment of six (6) months or
fine of not less than Fifty Thousand pesos (P50, 000.00) but not more than One

Hundred Thousand pesos (P 100,000,00), or both, at the discretion of the court.

Section 127. Imposition of Maximum Penalty, When Applicable. - A person convicted
under Republic Act No, 3019, as amended, otherwise known as the “Anti-Graft and
Corrupt Practices Act”, or other laws against corruption and bribery who shalll violate or
circumvent any provisions of this Act shall, upon conviction, suffer the maximum penalty

for such offense as provided under this Act.

CHAPTER 8 — FUNDING

Section 128. Funding. — In addition to its annual budget under the General
Appropriations Act, the Commission is hereby authorized to retain and use thirty percent
(30%) of its income derived from collection of immigration fees, fines, penalties and
charges for maintenance and other operating expenses, intelligence and law
enforcement, information and communication technology infrastructure, transportation
facilities and other capital outlay expenditures. The Commission is likewise hereby

authorized to retain and use its income in excess of the prescribed collection target.


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The Commission on Immigration shall be given a Ten (10%) per cent share of the travel
tax collected from departing passengers which will be utilized as additional funds for
overtime pay of personnel manning the international ports of entry after the regular

allowable allocation has been fully utilized.

CHAPTER 9 - TRANSITORY PROVISIONS

Section 129. Interim Period. — The incumbent Commissioner and the two (2) Associate
Commissioners, if qualified, shall continue to discharge the functions of their position for
a period of one (1) year from the date of effectivity of this Act, unless otherwise removed
for cause. On the recommendation of the Commissioner, the Board shall have the
authority to reorganize, upgrade or otherwise make adjustments in, the offices of the
Commission as required by the implementation of this Act: Provided: That to the extent
possible, the incumbent chiefs of sections or divisions whose offices are thus affected
may be upgraded to positions of comparable rank in the reorganization, for the new
division created under this Act, the Commissioner shall designate the chiefs thereof. All
personnel of the Bureau of Immigration shall continue to discharge the functions of their

position

Section 130. Staffing Pattern and Salary Schedule. - To carry out the provisions of this
Act, the Commissioner shall submit a new staffing pattern and salary schedule for
personnel services to the Secretary of the Department of Budget and Management for
approval, which shall be in accordance with the Salary Standardization Law and other

applicable laws under the National Compensation and Classification Plan.

Section 131. Reorganization of the Commission. — Upon approval of this Act, all
employees of Bureau of Immigration covered by the civil service law and regulations
shall continue to hold their present positions pending the reorganization of the
Commission in accordance with the new staffing pattern: Provided, That the salaries,

wages, allowances and other benefits of incumbent officers and employees of the


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Commission shall not be subject to diminution: Provided, further, That in the event that
the positions are abolished in accordance with the reorganization, the affected
employees shall be retained.: Provided, finally, That employees who have been

dismissed for cause shall no longer qualify for any position in the Commission

Section 132. Inventory and Transfer of Properties, Accounts, Assets, Liabilities and
Obligations to the Commission, — All buildings, properties, equipment, facilities,
accounts, other assets, liabilities and other obligations as well as records of the Bureau

of Immigration shall be properly inventoried and transferred to the Commission

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

and effect.

Section 134. Pending cases. - Any prosecution, suit, action, proceeding, or any act, or
matter, civil or criminal, pending at the time of the effectivity of this Act shall not be

affected by the provision of this Act unless otherwise applicable.

CHAPTER 10 ADMINISTRATION AND IMPLEMENTATION

Section 135. Administration and Implementation Abroad. - The administration and
implementation of this Act abroad including the rules and regulations as well as policies
arising from it shall be the responsibility of the Department of Foreign Affairs (DFA)

through Philippine diplomatic and consular establishments.

Section 136. Implementing Rules and Regulations. — The Commission, upon
consultation with the Department of Foreign Affairs and the concerned government
agencies or offices and subject to the approval of the Secretary, shall promulgate the

rules and regulations for the effective implementation of this Act within one hundred

AW Wenty (120) days from its effectivity,


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CHAPTER 11 - FINAL PROVISIONS

Section 137. Separability Clause.— If any of the provisions of this Act is held invalid or
unconstitutional the other provisions thereof not affected thereby shall continue to be in

force and effect.

Section 138. Repealing Clause, - (a) Commonwealth Act No. 613, otherwise known as
the “Philippine Immigration Act of 1940, as amended" is hereby repealed: (b) All laws,
presidential decrees, executive orders, proclamations, memorandum orders,
instructions, rules and regulations or parts thereof inconsistent with this Act are hereby

amended or modified accordingly
Section 139. Effectivity Clause, — This Act shall take effect after fifteen (15) days
following its complete publication in the Official Gazette or in two

(2) newspapers of general circulation

Approved,