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Republic of the Philippines |

17" CONGR!
Pirst Regular Sess

HOUSE BILL NO.

Introduced by REP. EVELINA G, ESCUDERO

EXPLANATORY NOTE

Commonwealth Act 613, enacted under the American regime in 1940, is the
current governing law of the Bureau of Immigration. Over the years, various
amendments have been introduced in the said law. However, with globalization and
proliferation of international crimes, there is a need for a more capable and practicable
immigration system.

This bill seeks to apply and administer Philippine immigration policies, rules
and regulations in the promotion of domestic and international interests of the
Philippines, in recognition of:

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

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

(c) Promotion of conditions for social welfare and economic security of the
people;

(4) Compliance with obligations and standards set by international law in the
admission or exclusion of foreign nationals;

(c) Promoting international order and justice by denying the use of Philippine
territory to persons who are engaged or likely to engage in terrorism, human
smuggling and trafficking, criminal and other nefarious activities;

(f) 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


(g) Professionalization of the immigration service by instituting a rigid system
of screening and selection of immigration officials and employees and
promoting their development.

Hence, approval of this bill is earnestly sought.

_ ued)

EVELINA ‘SCUDERO.

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

17" CONGRESS
First Regular Session

HOUSE BILL NO. 435

Introduced by REP, EVELINA G, ESCUDERO.

PHILIPPINE IMMIGRATION ACT

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

TITLEI
GENERAL PROVISIONS

SECTION 1. Title of the Act. - This Act shall be known as the "Philippine
Immigration Act".

SEC. 2. Declaration of Policy. — In relation to 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. Toward this end, Philippine
immigration policies, rules and regulations under this Act shall be applied and
administered in the promotion of domestic and international interests of the
Philippines, in recognition of:

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

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

(©) Promotion of conditions for social welfare and economic security of the
people;

(a) Compliance with obligations and standards set by international law in the
admission or exclusion of foreign nationals;

(e) Promoting international order and justice by denying the use of Philippine
territory to persons who are engaged or likely to engage in terrorism, human

smuggling and trafficking, criminal and other nefarious activities;

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(£) 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

(g) Professionalization of the immigration service by instituting a rigid system of
screening and selection of immigration officials and employees and promoting their
development

SEC. 3. Definition of Terms. — As used in this Act, 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;

(6) "Border Control Officer" refers to any person tasked to man the border
control station as provided under Section 26 of this Act;

(a) "Captain" refers to the master of a vessel or pilot of an aircraft;
(ec) "Child" refers to a person below eighteen (18) years of age;

()  “Citizen" refers to any person who is a citizen of the Philippines under
Section 1, Article IV of the Constitution of the Republic of the Philippines;

(g)_ “Commission’ refers to the Commission on Immigration;

(h) “Commissioner” and “Deputy Commissioner” refer to the Commissioner
of Immigration and the Deputy Commissioner of Immigration, respectively;

(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 a probable cause exists that he/she committed acts and/or omissions
in violation of Philippine immigration laws, rules and regulations, or during the
pendency of deportation case against such foreigner: Provided, That such detention shall
not exceed three (3) months, unless there exists other legal grounds for continued
detention;

@) “Consular officer’ refers to any consular, diplomatic, 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) “Entry” refers to the arrival of a foreigner into any designated 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/her departure to a place outside the
Philippines was for a temporary or limited period, or his/her continued absence from

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the Philippines was occasioned by deportation proceedings, extradition, or other legal
process;

() “Exclusion” refers to the act of Immigration Officers denying admission of
a foreigner into the country on grounds provided for in this Act;

(m) "Foreigner" or “Foreign National” refers to any person not a citizen of the
Philippines;

(n) “Foundling” refers to a deserted or abandoned infant or child whose
parents, guardian or relatives are unknown; or a child committed to an orphanage or
charitable or similar institution with unknown facts of birth and parentage and
registered in the Civil Registrar as a “foundling”;

(0) “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, and appellate courts to prevent a person from
leaving the Philippines to any place outside thereof;

(p) "Husband" and/or "Wife" refer(s) to those regarded as such by the laws of
the country of which they are nationals but shall not include husband or wife by reason
of proxy or “picture marriage”;

(q) "Immigrant" refers to any foreign national departing from any place outside
the Philippines destined for the Philippines, other than a non-immigrant;

(®) “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;

(6) "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;

(t) “Interception” refers to the act of Immigration Officers denying departure
clearance to any person leaving the country on grounds provided for in this Act;

(u) "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;

(v) “Non-refoulement” refers to 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 threatened;


(w) "Passport" refers to document issued by the Philippine government to its
citizens 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;

(x) "Person" refers to natural and juridical person such as partnerships,
corporations, companies, and associations;

(y)_ "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;

(2) "President" refers to the President of the Republic of the Philippines;

(aa) “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
or, owing to such fear, is unwilling to avail of the protection of that country; or who,
not having a nationality and being outside the country of his/her former habitual
residence, is unable or, owing to such fear, is unwilling to return to it;

(bb) "Seaman," “Seafarer” or "Crewmember" refers to a person actually
employed in the operation or service in any capacity on board a vessel;

(cc) "Secretary" refers to the Secretary of the Department of Justice;

(dd) “Stateless Person” refers to a person who is not considered as a national by
any State under the operation of its laws;

(ce) “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 persons whose claim to Philippine citizenship is doubtful or who fall
under the category enumerated in Section 13 of Republic Act No. 8239, otherwise
known as “The Philippine Passport Act of 1996”;

(ff) "Vessel" refers to all means of conveyances, whether aircraft or sea craft;

(gg) "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; and

(hh) “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 government or law enforcement

6


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 I
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 all laws, rules, regulations or orders of any competent authority
concerning the entry and admission into, stay in, and the departure from the
Philippines of all persons. The Commission shall be under the general supervision of
the Office of the President.

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,
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 have the same rank, salary, and privileges of an
Undersecretary of a Department.

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

(a) Supervise, direct and coordinate the overali 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;

(6) __ 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;

(a) Delegate authority to subordinate officers and employees of the
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Commission, except with regard to powers and functions enumerated in the
immediately preceding paragraph, which may be delegated only to the Deputy
Commissioners;

(2) Act on applications for issuance and revocation of immigrant visas;
(f) Act on petitions for declaration of indigency;

(g) Declare such control posts, landing places, airports or ports as 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 otherwise known as “The
Administrative Naturalization Law of 2000”;

() Act on applications for retention or reacquisition of citizenship under
Republic Act No, 9225 otherwise known as “Citizenship Retention and Re-acquisition
Act of 2003”;

(k) Issue Certificate of Identification to foreigners who have obtained Filipino
citizenship;

() 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
and ammunition 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;

(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 aitlines/shipping companies or other persons served and to deposit
in a government authorized depository bank all such fees received under a trust fund

8


that may be made available for the payment of allowances to employees of the
Commission, subject to existing accounting and auditing rules and regulations;

(1) 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 Congress, annually or as may be directed, a
report on the: (1) number and 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, by
nationality grouping, for each region in the Philippines; and (5) such other transactions
of the Commission;

() 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 the provisions of this Act;

(v) Prescribe the appropriate forms, bonds, reports, entries and other papers
in accordance with this Act;

(w) Perform such other functions inherent to the Commission; and

(x) Act on applications for recognition of Philippine citizenship on
foundlings,

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 same rank, salary and privileges of an Assistant Secretary of a Department.
Provided, that a plantilla for one (1) Deputy Commissioner shall be created which
shall be occupied by a career officer from the Commission.

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 and
Information and Communications Technology;

(b) Deputy Commissioner for Regional Operations, Registration, Immigration
Regulation and Visa and Special Permit;

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

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

Integration.
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 on decisions promulgated by immigration hearing officers;
(©) 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;

(c) Act on applications for recognition of Philippine citizenship of foundlings;
(f) Decide on applications for legalization of residence in accordance with law;
(g) Prescribe and promulgate rules of proceedings before it;

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

(i) 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; and

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

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 filed with the Board

Decisions in deportation cases may be appealed to the Office of the President
within fifteen (15) days from receipt thereof, whose decision shall be final and
executory unless stayed by an order of the Court of Appeals. The appeal shalll stay the
execution of the decision appealed from unless the Board, in the interest of national
security and/or public safety, directs its execution pending appeal.

10


SEC. 12. Period for Decision by the Board. - The Board shall decide deportation
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 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 the Chairperson and two (2) members shall
constitute a quorum.

SEC, 14. Board Secretary. - The 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 or marriage, applications for legalization of residence and applications for
refugee status.

CHAPTER 5
THE EXECUTIVE DIRECTOR

SEC. 15, Appointment and Tenure - There shall be an Executive Director of the
Commission who shall be appointed by the President, and whose term shall be co-
terminous with the Commissioner. 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/her 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;

(©) Coordinate the programs and projects of the Commission and be
responsible for its economical, efficient and effective administration;

(a) 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
Board shall be designated according to their areas of specialization to be
determined by the Board.

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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.

. 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 Rules of Court;
(0) Issue subpoena in cases 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;

(c) Exercise exclusive original authority to hear and recommend to the Board for
final resolution the following cases:

(1) Deportation;
(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; and

( Perform such other duties and functions 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.

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CHAPTER7
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)
Administration; (2) Finance; (3) Information and Communications Technology; (4)
Planning and Research; (8) International Policies and Cooperation; (6) Social
Integration; (7) Intelligence; (8) Law Enforcement; (9) Fraud Prevention; (10) Legal; (11)
Immigration Regulation; (12) Registration; (13) Visa and Special Permit; (14) Complaint
and Prosecution; (15) Internal Audit Office; (16) National Operations Center; and (17)
Immigration Academy of the Philippines.

SEC. 23. Heads of the Divisions and Other Operating Offices. ~ Each Division
and other operating offices shall be headed by a Director to be appointed by the
Secretary, upon recommendation of the Commissioner: Provided, however, That
Directors for the Division for Legal and the Division for Complaint 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 three (3) years. The Director for Finance Division shall
be a Certified Public Accountant in good standing for at least three (3) 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 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 each be headed by a
Regional Immigration Officer, all of whom shall be appointed by the Secretary upon
the recommendation of the Commissioner.

SEC. 26. Border Control Stations - There shall be established Border Control
Stations which shall be manned by Border Control Officers appointed by the
Commissioner. The Border Control Stations shall be placed in specific areas in the
Philippines which shall be determined by the Board. Their duties and responsibilities
shall be determined by the Commissioner.

SEC. 27. Changes in the Composition, Distribution of Assignment of Regional
Offices. - The Commissioner may make changes in the composition, distribution and
assignment of Regional Offices, as well as its personnel, based on the demographics of
the 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 position of Immigration Officer unless he
is a holder of a bachelor’s degree and a first grade civil service eligible, The
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 on 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

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

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 to do overtime work or services pursuant to rules
and regulations to be prescribed and at the rates fixed by the Commissioner when the
work or service to be rendered is to be paid by the airline, shipping companies or other
persons served.

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

4


Act, shall not be decreased.

TITLE II
IMMIGRATION

CHAPTER 1 - NON-IMMIGRANTS

SEC. 33. Categories of Non-immigrants and Types of Visa Issued. Foreign
nationals departing from any place outside the Philippines who are otherwise
admissible and who qualify under any one of the following categories may be admitted
as non-immigrants:

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

1, Business (A-1 visa): Temporary visitors engaged in activities of a
commercial or professional nature for a foreign employer or for
themselves that will not result in gainful employment in the Philippines.
As used herein, the term “business” 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
holiday, including sightseeing, recreation or visiting relatives; and

2

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

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

() Crew members (C Visa): Members of the crew of vessels required for the
normal operation and servicing of the vessels who come to the Philippines temporarily
as part of their jobs either arriving with or coming to join the vessels;

(d) Treaty Traders (D-1 Visa) and Treaty Investors (D-2 Visa): Citizens and their
family members from a country that has a trade treaty with the Philippines and coming
to work in the Philippines for either a company they own or one that is at least fifty
percent (50%) owned by nationals of their home country and which company is
engaged in substantial trade between the Philippines and their home country shall be
granted a D-1 visa

Citizens of a country that has an investor treaty with the Philippines, and their
family members, and coming to work in the Philippines for a business they own or one
that is at least fifty percent (50%) owned by nationals of their home country and which
business is supported by a substantial investment from nationals of their home country
shall be granted a D-2 visa;

15


(e) Accredited Foreign Government Officials, Their Families and Attendants (E

Visa

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, Persons entitled to 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.

d

e.

m.

n.

Heads of the State and Heads of Government and their personal
representatives;

Members of reigning royal families recognized by the Philippine
Government;

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

Cabinet ministers and their deputies and officials with cabinet rank
of ministers;

Presiding officers of national legislative bodies;
Justices or judges of the highest national judicial bodies;
Diplomats and career consular officials;

Diplomatic couriers regularly and professionally employed as
such;

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

All members of official special missions of a diplomatic character;

Officials of international organizations bearing diplomatic
passports when traveling on official business;

Representatives of international organizations who have
diplomatic status and bearing diplomatic passports issued by their
governments;

Members of delegations proceeding to or from an international
conference of an official or diplomatic nature;

Accompanying spouses and unmarried minor children of
foreigners within the abovementioned categories; and

16


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

2. Persons entitled to 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

This category includes, inter alia, the members of the staff of a
diplomatic mission or consular post, the staff of international
organizations, and official students or participants in programs under the
auspices of the Philippine Government or recognized international
institutions.

The family members of the above-mentioned 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;

(0) 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 in collaboration with the Commission. Their
collaboration shall include the monitoring of the status of activities of such foreign
students in the Philippines;

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

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

(i) Representatives of 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

uy


pursuant to any treaty or under the authority of any act of the Congress of the
Philippines authorizing such participation or making an appropriation for such
participation and such other international organizations, institutions, agencies,
programs, foundations and entities which are recognized by the government of the
Republic of the Philippines, including those existing and already recognized as such at
the time of the effectivity of this Act. 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) and Stateless Persons (L-2 Visa); Refugees as defined in
Section 3 (z) hereof shall be issued L-1 Visa. Stateless persons, whose admission for
humanitarian reasons and not inimical to public interest has been approved by the
Commissioner or the President in such cases and under such conditions as he may
prescribe, shalll 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 may prescribe.

SEC 33-A. Visa Policy. ~ The policies governing the issuance, extension, renewal
and conversion of visas referred to in 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.

Any visa policy or guidelines to be implemented abroad shall be done by the
Department of Foreign Affairs, with due notice to the Commission and other concerned
agencies and/or offices.

SEC. 33-B, Visa Issuance Overseas.- All non-immigrant visas issued outside of
the Philippines shall be done by Consular Officers of the Department of Foreign Affairs
duly assigned at Philippines posts abroad. Immigrant visas, whenever issued abroad,
shall be done by the Consular Officers upon the approval of the Commission through
the Department of Foreign Affairs.

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CHAPTER 2
IMMIGRANTS

SEC. 34. Quota Immigrants. — Subject to conditions set forth in this Act, there
may be admitted into the Philippines, immigrants, otherwise known as “quota
immigrants”, not to exceed two hundred (200) of any one nationality 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.

SEC 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, third,
and fourth 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.

SEC. 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/her as a national or citizen if he/she applies
for a visa ina third country. If he/she applies for a visa within one of the two countries
regarding him/her as a national or citizen, his/her nationality shall be that of the
country in which he/she files his/her application for a visa to enter the Philippines.

SEC. 37. Non-Quota Immigrants. — The following immigrants, known as “non-
quota immigrants’, may be admitted without regard to numerical limitation and
immigration reciprocity:

(a) The spouse of a Philippine citizen: Provided, however, That the abandonment
and failure to give support by a foreign spouse to his/her Filipino spouse and family,

19


legal separation, or termination of the marital status by annulment, declaration of
nullity of marriage or divorce where the cause is attributable to the foreign spouse,
shall constitute grounds for cancellation of the immigrant visa issued to the foreign
spouse;

(b) A person of Filipino descent regardless of generation;

(©) A child born to a 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;

(a) A child born subsequent to the issuance of an immigrant visa to the
accompanying parent, the visa not having expired or revoked;

(e) A foreign national who had been previously lawfully admitted into the
Philippines for permanent residence who is returning from a temporary visit abroad to
an unrelinquished residence in the Philippines; and

(8 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 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.

SEC. 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 Philippines, in which case he/she may
apply for naturalization under existing laws or for an appropriate visa,

CHAPTER 3
ADJUSTMENT OF STATUS

SEC. 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: (@) 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.

SEC. 40. Effect of Approval of Application for Adjustment, — Upon the

20


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.

SEC. 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 (4)
transients.

CHAPTER 4
DOCUMENTATION AND ADMISSION OF NON-IMMIGRANTS.

SEC. 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 nationality and identity as prescribed by regulations and a
valid visa granted by the Philippine Consular Officer, if required under existing laws,
rules, regulations, or multi-lateral or bilateral agreements.

SEC. 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/she shall not establish or join in any business; or (c) he/she 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.

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

21


SEC. 45. Submission of Crew List and Passenger Manifest to the Commission. -
Simultaneous to the vessel's departure from the port of origin, the master, captain,
agent, owner or consignee of any commercial vessel arriving to the Philippines shall
submit to 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 a vessel. In the same manner and condition, the master, captain, agent, owner or
consignee of any commercial vessel departing from any port in the Philippines shall
submit to the 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 list of an incoming sea craft shall be duly visaed by the
appropriate Consular Officer

SEC. 46, Inspection of Crewmembers, - It shall be the duty of the master, captain,
agent, owner or consignee of any vessel arriving in the Philippines to have available on
board, for inspection by the Immigration Officer, any foreign crewmember employed
on such vessel and to detain such crewmember on board after inspection and to remove
such crewmember when required by the immigration authorities. No crewmember on
board such vessel shall be discharged while the vessel is in port without the permission
of the Commissioner.

SEC. 47. Permission for Temporary Landing of a Foreign Crewmember, — A
foreign crewmember on a vessel arriving in the Philippines may be permitted to land
temporarily under such conditions as may be prescribed by the Commissioner. All
expenses incurred by the Commission while the crewmember is on land shall be borne
by the master, captain, agent, owner or consignee of the carrying vessel,

CHAPTER 5
REFUGEE STATUS.

SEC, 48. Grant of Refugee Status. - Persons seeking refugee status may apply
for recognition as a refugee upon seeking admission at any port of entry or within a
reasonable time thereafter. 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, 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.

SEC. 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

22


in another State;
(b) Acquired a new nationality and enjoys the protection of such a State; or

(©) 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 refugee is able
to invoke compelling reasons arising out of the previous persecution.

SEC. 50. Effect of Grant of Refugee Status to Refugee Dependents. - A spouse,
minor child, and other dependents of a foreigner 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 it is in the public interest.

SEC. 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 or country of former
habitual residence, directly or indirectly.

SEC, 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

SEC. 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.

SEC. 54. Detention of Refugee. - Detention of applicants for refugee status 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

SEC. 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 government 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 shall not be required of the following:

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

(b) A child born during the temporary visit abroad of the mother who is a lawful
permanent resident of the Philippines and a holder of a valid reentry permit, if the

23


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

. 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.

SEC. 57. Requirement of 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 an immigrant 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.

Alll diplomatic visas under Section 33 (2) 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 by the Consular
Officer, when the application is made abroad, or may be issued by the Office of the Visa
Director of the Department of Foreign Affairs, 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.

SEC. 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,

24


he/she may cause another person to plant the trees.

SEC. 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
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.

SEC. 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.

SEC. 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

SEC. 62. Re-entry. — Every time a registered foreign national, except a
temporary visitor, departs or is about to depart temporarily from the Philippines with
the intention to return, he/she must pay a re-entry fee, emigration clearance fee and
head fee: 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 fee for every departure: Provided,
finally, That in both cases, if the registered foreign national departs 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;

(b) He/she has no pending criminal, civil, or administrative proceeding which

25


requires his continued presence in the country; and

(©) There is no ongoing legislative inquiry where he/she is called upon to testify
asa witness.

SEC. 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
therefor.
CHAPTER 9
PRESIDENTIAL PREROGATIVES

SEC. 64, Presidential Prerogatives. — Any provision of this Act to the contrary
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/she 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;

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

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

(@) Admit non-immigrants not otherwise provided for in this Act for
humanitarian considerations and when not detrimental to public interest, under such
terms and conditions as 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, criminal proceedings; and

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

TITLE IV
PROVISIONS RELATING TO ENTRY

CHAPTER 1
CLASSIFICATION OF PORTS OF ENTRY
SEC. 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
26


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

SEC. 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 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.

SEC. 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 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 from a country or a place where any of such diseases are
prevalent or widespread, the foreigner shall be detained or quarantined for a
reasonable period of time to enable the immigration and medical officers to subject
such person to observation and examination.

SEC. 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 findings for the information of the Immigration Officer.

SEC. 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
Gificer 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.

SEC. 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;

27


(b) Visaed crewlist;
(©) Passenger manifest;
(A) Port of last departure;

() International port of intended destination, or other place authorized by the
Commissioner;

(f) Estimated time of arrival; and
(g) Authorized agent or representative at the place of arrival.

CHAPTER 3
FOREIGN CREWMEMBER

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

SEC. 72. Confiscation and Cancellation of Permit; Deportation 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, 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.

SEC. 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 shalll be solidarily liable with the owner, operator, captain, master,
pilot, agent or consignee of the vessel to pay the penalties prescribed in Section 126 of
this Act.

SEC, 74. Liability for Unauthorized Discharge of Foreign Crewmember. — It
shall be unlawful for any person, including the owner, operator, captain, master, pilot,
agent or consignee of any vessel to discharge any foreign crewmember employed 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 fines 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

28


approved by the Commissioner.

SEC. 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.

SEC. 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 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; (c) the names of those who have deserted or illegally landed at that port, if
any; and (d) such other additional information as the Commissioner deems necessary.

SEC. 77. Liability for Failure to Submit Complete, True and Correct Report. ~
In case the owner, operator, captain, master, pilot, agent, or consignee, 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 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 fines remain unpaid or while the validity thereof is being determined: Provided,
that clearance may be granted prior to such determination upon deposit of a sum or
cash bond sufficient to cover such fines as approved by the Commissioner.

CHAPTER 4
EXCLUSIONS

SEC. 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;

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(ay

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a

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

Moral Grounds

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

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

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

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

Criminal and Security Grounds

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

Those who have been convicted, or who admit having committed, or are
committing acts which constitute the elements of a violation or conspiracy
to violate any law or regulation of the Philippines or a foreign country
relating to a controlled, regulated or prohibited substance, or who
attempt or conspire to commit the crime;

Those that the Philippine Government knows or has reason to believe is a
trafficker of any controlled, regulated or prohibited substance or knows
or has reason to believe is or has been an accomplice, accessory, abettor,
or co-conspirator in the illicit trafficking of any controlled, regulated or
prohibited substance;

‘Those who are fugitives from justice;
‘Those who seek to enter the Philippines to engage in:

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.

7. 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;

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

9. Those who are under fifteen (15) years of age and unaccompanied by or not
coming to a parent, except that they may be admitted in the discretion of the
Commissioner, if otherwise admissible; and

10. 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.

SEC. 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.

SEC. 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 for in this Act or related laws, the
Immigration Officer, for a period not exceeding 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.

SEC. 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.

SEC. 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.

SEC. 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
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

31


and practicable. The cost of detention and other expenses incidental thereto shall be

borne by the owner, operator, master, pilot, captain, agent or consignee of the vessel on
which he/she arrived

SEC. 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 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 countries is impractical or impossible.

SEC. 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 an Immigration Officer;

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

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

(ec) 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 incidental to his removal as provided in this Act.

SEC. 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 fines prescribed under this Act. No such vessel shalll 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

32


DEPORTATION

CHAPTER 1
DEPORTABLE FOREIGN NATIONALS

SEC. 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;

(©) 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;

(8, 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 those who do not believe in or are opposed to organized governments, or
those who advise, advocate or teach the assault or assassination of public officials by
reason 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 extend assistance, financial or otherwise, in the dissemination of such
doctrines;

(g) Those who, at any time after entry, engage in, abet, aid or finance any terrorist
activity;

(h) Those who 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/her sentence before being deported: Provided, further, That the penalty of
imprisonment may be waived by the President upon payment by the foreigner
concerned of such costs, fines and/or damages, if any, awarded to the government or
any aggrieved party;

() Those who, at any time after entry, are engaged in acts or omissions

33


punishable under Philippine penal laws cognizable by the Regional Trial Courts and
the Sandiganbayan;

() Those who, at any time after entry, are convicted by final judgment of a crime
punishable under Philippine penal laws cognizable by the first level courts;

(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;

(1) 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;

(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, attempt to use, provide, attempt to provide,
accept or receive a genuine document, even of another person, without authority to do
so for the purpose of satisfying, or complying with the requirements 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 policies as determined by the Secretary of Foreign
Affairs.

SEC. 87. Non-Prescription of 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 competent authorities.

CHAPTER 2
DETENTION AND DEPORTATION OF FOREIGN NATIONALS

SEC. 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.

SEC. 89. Authority to Issue Letter Order. — The Commissioner may issue a

34


letter order for the detention of a foreigner if he/she determines that a probable cause
exists for the filing of deportation charges against a foreigner for violation of
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.

SEC. 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.
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 placed
under detention by order of the Commissioner.

SEC. 91. Detention of a 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 the
deportation case, the foreigner may be ordered released under such terms and
conditions prescribed by the Commissioner.

SEC. 92. Voluntary Deportation, When Authorized. - In case the foreigner does
not contest the formal charge against him/her 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 order,
except in cases of violations of laws such as Republic Act No. 8042 otherwise known as
the “Migrant Workers and Overseas Filipinos Act of 1995”: Provided, That he/she has
not committed any criminal offense or has no pending case in court: Provided, further,
That the said foreigner so deported shall be barred from re-entering the country
without prior written authorization from the Commissioner.

SEC. 93, Contents of an Order or Warrant of Deportation. ~ The order or warrant
of deportation shall be in the 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.

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

SEC. 95. Suspension of Deportation Order. - Upon application and payment of
the 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;
(a) Unavailability of travel documents;

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

(f) Other humanitarian considerations.

SEC. 96. Reinstatement of a Deportation Order. - A deportation order
previously implemented against a foreigner who unlawfully re-entered the Philippines
shall be deemed automatically reinstated and shall be implemented in accordance with
this Act. This provision shall also apply to a foreigner who departed voluntarily under
Section 92 hereof.

SEC. 97, Country of Destination of a Deportee. - Except as provided for under
existing treaty or international agreement, a 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.

SEC. 98. Existence of Danger in the Country Where a Foreigner is to be Deported. -
No foreigner shall be deported to a country where there exists a danger to his/her life
or 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 be deported; or

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

SEC. 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 case its foreign
crew member 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, nongovernment organizations or people's organizations
with which the Commission has an agreement on this matter, or from the
appropriations for the enforcement of this Act.

SEC. 100. Liability of Owner, Operator, Captain, Master, Pilot, Agent or
36


Consignee of a Vessel. - Failure or refusal on the part of the owner, operator, captain,
master, pilot, agent or consignee of a vessel to take on board, guard safely and
transport the deporte to his/her country of destination, or to shoulder the cost of
deportation of the foreign crew member as provided in Section 99 hereof, shall be
punished by an administrative penalty prescribed under this Act

SEC. 101. Expenses of Accompanying Person. - The Commissioner may, by reason
of the mental or physical condition of the deportee, direct an employee of the
Commission to accompany such deportee to the country of his/her destination, subject
to the provisions of the immediately preceding sections.

CHAPTER 3
INDIGENT FOREIGNERS

SEC. 102. Deportation of Indigent Foreigners. - At any time after entry, the
Commissioner may deport indigent foreigners from the Philippines to the country of
which they are citizens or nationals, or country of birth, or country of residence, as the
case may be. The cost of deportation may be charged against the available funds of the
Commission. Any foreigner deported under this section shall be barred re-admission
except upon written authorization of the Commissioner.

This provision shall not apply to a foreigner declared as an indigent by any
Philippine court for purposes of filing a case or to pursue a cause of action which
resulted in his/her indigency until such action is resolved with finality: Provided, That
no other grounds for deportation exist during the pendency of the same.

TITLE VI
MISCELLANEOUS PROVISIONS

CHAPTER 1
REGISTRATION OF FOREIGN NATIONALS

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

SEC. 104, Registration Form and Oath. — Applications for registration shall be
under oath and in such form as prescribed by the Commission. Upon registration, a
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.

SEC. 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.

SEC. 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
37


registration, and failure to do so without justifiable cause shall be dealt with in
accordance with the provisions of this Act.

SEC. 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.

SEC. 108, Failure to Comply with 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.

SEC. 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 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.
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 2
BONDS AND DEPOSITS

SEC. 110, Bonds, When Required, — The Commission shall have the authority to
require cash bonds 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

(©) To insure the appearance of foreigners released from custody during the
course of deportation proceedings instituted against them.

SEC. 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 owner, operator, captain, master, pilot, agent, or
consignee or other persons served to cover payments for overtime services to be
performed by officers and employees of the Commission.

SEC. 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

38


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 released 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 passage tickets of indigent deportes
and to cover the costs of operations in the arrest of a deportee who jumps bail.

CHAPTER 3
RECOGNIZANCE

SEC. 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 pesos (P50,000.00) 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

SEC. 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.

SEC. 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.

SEC. 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

SEC. 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 effect fifteen (15) days after the last publication thereof for two (2) consecutive
weeks in a newspaper of general circulation.

SEC. 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
39


ADMINISTRATIVE FINES AGAINST VESSELS

SEC, 119, Fine 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.

SEC. 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 (P200,000.00) for each violation.

SEC. 121. 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 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 (P300,000.00) for each foreigner.

SEC. 122, Fine for Bringing a Foreigner to Assist His Ilegal 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
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 (P100,000.00) but not more than Two hundred thousand pesos
(P200,000.00) for each foreigner,

SEC. 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 (P200,000.00) for each
violation.

CHAPTER 7
OTHER PENAL PROVISIONS

SEC. 124, Other Prohibited Acts and Penalties Thereof. - Any person who shall
commit any of the acts specified hereunder shall, upon conviction, suffer the penalty of
40


prision corveccional in its maximum period to prision mayor in its minimum period or a
fine of not less than One hundred thousand pesos (P100,000.00) but not more than Five
hundred thousand pesos (P500,000.00) 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;

(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;

() 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;

(a) 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) Misrepresents 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 immigration 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 of the employee by the employer before or after apprehension shall not
relieve such employer from any liability arising from the offense: Provided, That if the
offender is the 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 be 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.

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

Al


SEC. 125. Penalty for Non-compliance of Subpoena. — Any person who, having
been duly served with a subpoena, fails to comply without valid and justifiable reasons
shall, 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.

SEC. 126. Penalty for an Overstaying Crewmember. — Any foreign crewmember
who wilfully 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 (P100,000.00), or both, at the discretion of the court.

SEC.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
shall 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

SEC. 128. Funding. — In addition to its annual budget under the General
Appropriations Act, the Commission is hereby authorized to retain and use fifty
percent (50%) of its income derived from collection of immigration fees, fines, penalties
and charges to pay hazard pay, subsistence allowance and other monetary benefits at
rates fixed by the Commissioner and 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.

CHAPTER 9

SEC. 129. 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.

SEC. 130. Reorganization of the Commission. — Upon approval of this Act, all
employees of the Bureau of Immigration covered by the civil service law and
regulations shall continue to hold their present positions pending the
reorganization of the Commission in accordance with the new staffing patter
Provided, That the salaries, wages, allowances and other benefits of incumbent officers
and employees of the 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.

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SEC. 131. 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

SEC. 132. 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

SEC. 133, 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

SEC. 134, 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
through Philippine diplomatic and consular establishments.

SEC. 135. Implementing Rules and Regulations. — The Commission, upon
consultation with the Department of Foreign Affairs and other concerned government
agencies or offices and subject to the approval by the Secretary, shall promulgate the
rules and regulations for the implementation of this Act within one hundred twenty
(120) days from its effectivity.

CHAPTER 11
FINAL PROVISIONS
SEC. 136. Separability Clause. — If any of the provisions of this Act is held
invalid or unconstitutional the other provisions not affected thereby shall continue to
be in force and effect.

SEC, 137, Repealing Clauses. - (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.

SEC, 138. Effectivity Clause. — This Act shall take effect fifteen (15) days after
its complete publication in the Official Gazette or in two (2) newspapers of general
circulation.

Approved,

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