EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES
First Regular Session
S E N A T E
Senate Bill No. 
1 0 7
i':.« 
('
'N1 n - i'filti- uC (Mi S.'
■19 JUL-1 P5 ’-43
Intro d u ce d  by S enator Juan M iguel F. Zubiri
PHILIPPINE IM M IGRATION ACT
EXPLANATORY NOTE
For a developing nation that counts migrant workers as one of its most 
valuable exports; for a nation whose coastal territories are time and again 
questioned if not threatened by foreign powers; for a nation that holds huge 
potential for foreign investments, immigration affairs can but be one of the most 
pressing national concerns.
In an increasingly globalized age, where borders are made porous by 
technological advancements and where economies live and die by the politics of 
international relations, it is imperative that the State strengthen its immigration 
policies for the protection and growth of the nation and its citizens.
To this end, this bill seeks to institutionalize protections for the nation's 
sovereignty, territory, security, interest, and right to self-determination, as it 
participates and carves a space for itself on the global stage. To administer and 
implement this bill, there shall be created a Commission on Immigration. The 
Commission shall branch out into Regional Immigration Offices that are 
accessible to all citizens in all corners of the Philippines.
As an improvement on the State's current border control regulations, the 
Commission will introduce a visa requirement from foreigners wishing to enter 
Philippine territory as non-immigrants. It will also set a quota on immigrant 
foreigners entering the country. The Commission shall also be responsible for the 
evaluation and granting of refugee status to persons fleeing their home nations 
for protection on Philippine shores.
By elevating the State's immigration measures, the Philippines will establish 
itself as a competent, formidable force in the international scene, and in doing so 
will invite foreign respect and confidence, opening lucrative global opportunities 
for the nation.
In view of the foregoing, approval of this bill is urgently sought.
AN MIGUEL F. ZU BIR I


EIGHTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
S E N A T E
Senate Bill No.
1 0 7
ail:.
r o( Mc S -C!.r
'19 JIJL -1 P5 -43
In tro d u ce d  by S enator Juan M iguel F. Z ubiri
PH ILIPPINE IM M IG RATIO N ACT
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Be it enacted by the Senate and House o f Representatives o f the Philippines in 
Congress assembled:
TITLE I
GENERAL PROVISIONS
SECTION 1. Title o f the Act. -  This Act shall be known as the "Philippine 
Immigration Act of 2019."
SEC. 2. Declaration o f Policy. - I n  relation to other states, the Philippine shall 
give paramount consideration to national sovereignty, territorial integrity, national 
security, nationai interest, and the right to self-discrimination, as it adheres to the policy 
of peace, cooperation and amity with all nations. Toward the 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 deveiopment;
(c) Promotion of conditions for social welfare and economic security of the 
people;
(d) Compliance with obligations and standards set by international law in the 
admission or exclusion of foreign nationals;


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(e) Promotion of 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.
SEC. 3. D efinition o f 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;
(c) "Border Control Officer" refers to any person tasked to man the border 
control station as provided under Section 26 of this Act;
(d) "Captain" refers to the master of a vessel or pilot of an aircraft;
(e) "Child" refers to a person below eighteen (18) years of age;
(f) "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;
G) "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;


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(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 form the Philippines was occasioned by 
deportation proceedings, extradition, or other legal process;
(l) "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";
(o ) "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;
(r) "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;
(s) "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;


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(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 a 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 a 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 a 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;
(z) "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;
(ee) 
"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


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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 agencies, where 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 I
COMMISSION ON IM M IGRATION
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 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


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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. A ppointm ent and Rank o f the Commissioner. -T h e  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 o f 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 overall operations of the Commission;
(b) Appoint, and exercise control and supervision over, the officers and personnel 
of the Commission, subject to existing civil service laws, rules and regulations;
(c) Issue, (1) letter orders after determination of the existence of probable cause; 
(2) commitment or release orders; (3) warrant of deportation; (4) watchlist 
orders; (5) hold departure orders; (6) allow entry or departure orders; (7) 
blacklist orders; and (8) orders implementing watchlist orders issued by the 
Department of Justice;
(d) Delegate authority to subordinate officers and employees of the Commission, 
except with regard to powers and functions enumerated in the immediately 
preceding 
paragraph, which 
may be delegated only to the 
Deputy 
Commissioners;
(e) 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";


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0) 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;
(l) 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;
(o) Authorize and prescribe the forms and the amount of cash bonds for the 
provisional release of respondents in deportation proceedings;
(p) Impose reasonable fines and penalties for violation of immigration and alien 
registration laws in accordance with this Act and the guidelines adopted by 
the Commission;
(q) Provide an express lane for the rendition of services upon payment of 
prescribed fees by airlines/shipping companies or other persons served and to 
deposit in a government-authorized depository bank all such fees received 
under a trust fund that may be made available for the payment of allowances 
to employees of the Commission, subject to existing accounting and auditing 
rules and regulations;
(r) Accept donation of materials, equipment or technical services from any 
foreign government, international or domestic organization, to upgrade the 
efficiency and operations of the Commission;
(s) Submit to the President and 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


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and actions taken to arrest them, by nationality grouping, for each region in 
the Philippines; and (5) such other transactions of the Commission;
(t) Prepare and submit supplemental budget of the Commission for the 
consideration of the Department of Budget and Management;
(u) Prescribe such rules, regulations or other administrative issuances to carry 
out 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. A ppointm ent and Rank o f 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 o f 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;
(c) Deputy Commissioner for Intelligence, Enforcement, Fraud Prevention and 
Complaint and Prosecution; and
(d) Deputy Commissioner for International Policies, Cooperation and Social 
Integration.


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CHAPTER 4
THE BOARD OF COMMISSIONERS
SEC. 10. Powers and Functions o f the Board. -T h e  Board shall have the 
following powers and functions:
(a) Decide on deportation cases;
(b ) Act on appeals on decisions promulgated by immigration hearing officers;
(c) Act on applications or recommendations for revocation of immigration status;
(d ) Act on applications for recognition of Philippine citizenship by reason of birth 
or marriage;
(e) 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;
(j) 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 o f 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 shall 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.


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SEC. 12. Period fo r 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. M eetings o f 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. -T h e  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. A ppointm ent and Tenure. -There shall be an Executive Director of 
the Commission who shall be appointed by the President, and whose term shall be co­
terminus 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. -T h e  Executive Director shall:
(a) Advise and assist the Commissioner in the formulation and implementation of 
the objectives, policies, plans and programs of the Commission;
(b) Oversee all the operational activities of the Commission;
(c) Coordinate the programs and projects of the Commission and be responsible 
for its economical, efficient and effective administration;
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(d) Administer oaths in connection with all matters relating to the business of the 
Commission; and
(e) Perform such other duties as may be assigned by the Commissioner.
CHAPTER 6
THE BOARDS OF SPECIAL INQ UIRY
SEC. 17. Constitution o f Boards o f 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.
SEC. 18. A ppointm ent and Q ualification o f the Chairpersons and 
Members o f the Boards o f Special Inquiry. -T h e  Chairpersons and members of 
the Boards of Special Inquiry shall be appointed by the Commissioner, all of whom shall 
be natural-born citizens of the Philippines and, at the time of their appointment, at least 
thirty (30) years of age, members of the Philippine Bar in good standing, and engaged 
in the practice of law for at least three (3) years. They shall hold office during good 
behavior, unless sooner removed for cause.
SEC. 19. Powers and Functions o f the Boards o f Special Inquiry. -T h e  
Boards of Special Inquiry shall:
(a) Administer oaths;
(b ) Cite and punish for contempt in accordance with the Rules of Court;
(c) 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;
(e) Exercise exclusive original authority to hear and recommend to the Board for 
final resolution in 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;
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(4) Applications for legalization of residence in accordance with law;
(5) Application for issuance of visa for stateless person; and
(f) Perform such other duties and functions as may be directed by the 
Commissioner.
SEC. 20. Proceedings before the Boards o f 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 on behalf of any 
party before the Boards of Special Inquiry.
SEC. 21. Resolutions o f the Boards o f Special Inquiry. -  Cases before the 
Boards of Special Inquiry shall be resolved within five (5) working days from the date 
the same are submitted for resolution. Said resolution shall be submitted immediately to 
the Board for action.
CHAPTER 7
D IVISIO N S OF THE COMMISSION
SEC. 22. Divisions and O ther Operating Offices o f the Commission. -
The Commission shall have the following divisions and other operating offices, namely:
(I)  Administration; (2) Finance; (3) Information and Communications Technology; (4) 
Planning and Research; 
(5) International Policies and Cooperation; 
(6) Social 
Integration; (7) Intelligence; (8) Law Enforcement; (9) Fraud Prevention; (10) Legal;
( I I )  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 o f the Divisions and O ther 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.
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SEC. 24. Duties and Functions o f the Divisions and O ther 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 O ffices o f the Com m ission. -T h e  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 
commendation of the Commissioner.
SEC. 26. Border C ontrol Schemes. -  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^ D istribution o f Assignm ent o f 
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. Im m igration 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:
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(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 o f Employees. -T h e  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. Assignm ent o f Employees to do Overtim e 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. Deploym ent o f Im m igration 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.
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SEC. 32. M anning Levels. -  On the average, the manning levels of 
immigration officers of the Commission nationwide shall be in accordance with the 
number of arrivals in each port of entry as determined by the Board: Provided, That the 
number of employees, as provided in the staffing pattern in accordance with Section 
130 of the Act, shall not be decreased.
TITLE I I I  
IM M IGRATION
CHAPTER 1 
NON-IMMIGRATNS
SEC. 33. Categories o f N on-im m igrants and Types o f 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
3. Health (A-3 visa): Temporary visitors who stay in the Philippines to 
avail of medical treatment.
(b ) Transit Persons (B Visa): Persons passing through the Philippines solely for a 
"stopover" who have a confirmed connecting flight to another country or 
passengers in immediate and continuous transit to a destination outside the 
Philippines;
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(c) Crew members (C Visa): Members of the crew of vessels required for the 
normal operation and servicing of the vessels who come to the Philippines 
temporarily as part of their jobs either arriving with or coming to join the 
vessels;
(d ) Treaty Traders (D-1 Visa) and Treaty Investors (D-2 Visa): Citizens 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.
(e) Accredited Foreign Government Officials, Their Families and Attendants (E 
Visas): Foreign government officials, their families and attendants coming to 
the country for official purpose, pursuant to international conventions and 
bilateral agreements, shall be granted E Visas divided into three (3) types, 
namely:
1. 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. Heads of State and Heads of Government and their personal 
representatives;
b. Members of reigning royal families recognized by the Philippine 
Government;
c. Governors-General, Governors, and High Commissioners of 
dependent territories and their personal representatives;
d. Cabinet ministers and their deputies and officials with cabinet 
rank of ministers;
e. Presiding officers of national legislative bodies;
f. Justices or judges of the highest national judicial bodies;
g. Diplomats and career consular officials;
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h. Diplomatic couriers regularly and professionally employed as 
such;
i. 
Military, naval, air and other attaches assigned to a diplomatic 
mission;
j. 
All members of official special missions of a diplomatic character;
k. Officials 
of 
international 
organizations 
bearing 
diplomatic 
passports when traveling on official business;
l. 
Representatives 
of 
international 
organizations 
who 
have 
diplomatic status and are bearing diplomatic passports issued by 
their governments;
m. Members of delegations proceeding to or from an international 
conference of an official or diplomatic nature;
n. Accompanying 
spouses and 
unmarried 
minor children 
of 
foreigners within the abovementioned categories; and
0. 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, attendants, servants and employees of 
persons to whom E-1 and E-2 visas have been granted;
(f) 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
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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 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 organizations" 
includes any public international organization in the activities of which the 
Philippines participates pursuant to any treaty or under the authority of any 
act of 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;
(j) Media Workers (J Visa): Foreign media personnel or correspondents, duly 
accredited by the government agency concerned, who are bona fide 
representatives of a foreign press, radio, satellite, television, film, or other 
information media, and are coming to the Philippines solely to engage in 
gathering information principally for dissemination abroad, including their 
family members accompanying or following to join them during the period of 
the assignment in the Philippines;
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(k) Exchange Visitors (K Visa): Foreign nationals entering the Philippines to teach, 
study, observe, conduct research or receive training in a specific Exchange 
visitor Program duly approved by the Philippine Government;
(l) Refugees (L-1 Visa) and Stateiess Persons (L-2 Visa): Refugees as defined in 
Section 3 (z) hereof shall be issued L-1 Visa. Stateiess persons, whose 
admission for humanitarian reasons and not inimical to public interest has 
been approved by the Commissioner or the President in such cases and under 
such conditions as he may prescribe, shall be issued L-2 Visa; 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 pubiic 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 reiative 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 duiy assigned at Phiiippine posts abroad. Immigrant visas, whenever issued 
abroad, shall be done by the Consular Officers upon the approvai of the Commission 
through the Department of Foreign Affairs.
CHAPTER 2 
IMMIGRANTS
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SEC. 34. Quota Im m igrants. -  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 qualification 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. A llotm ent o f 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 D eterm ination o f Quota A llo tm e n t -T h e  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 in a third country. If he/she applies for a visa within one of the two countries 
regarding him/her as a national or citizen, his/her nationality shall be that of the 
country in which he/she files his/her application for a visa to enter the Philippines.
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SEC. 37. Non-Quota Im m igrants. — 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, legal separation, or termination of the marital status by annulment, 
declaration of nullity of marriage or divorce where the cause is attributable to 
the foreign spouse, shall constitute grounds for cancellation of the immigrant 
visa issued to the foreign spouse;
(b) A person of Filipino descent regardless of generation;
(c) A child born to a foreign mother during her temporary visit abroad, the 
mother being a lawful permanent resident of the Philippines, if accompanied 
by or coming to join the mother who applies for admission within five (5) 
years form the birth of the child;
(d ) A child born subsequent to the issuance of an immigrant visa to the 
accompanying parent, the visa not having expired or revoked;
(e ) A foreign national who had been previously lawfully admitted into the 
Philippines for permanent residence who is returning from a temporary visit 
abroad to an unrelinquished residence in the Philippines; and
(f) A natural-born citizen who becomes a naturalized citizen of a foreign country 
and is returning to the Philippines for permanent residence therein, including 
his/her spouse and minor 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 o f 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.
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CHAPTER 3
ADJUSTMENT OF STATUS
SEC. 39. Conditions fo r A djustm ent o f Status o f Foreign Nationals. -T h e  
status of a foreign national admitted into the Philippines as non-immigrant may be 
adjusted by the Board to that of a foreigner lawfully admitted as a permanent resident 
if; (a) the foreigner makes an application for such adjustment; (b) the foreigner is 
eligible to receive a quota or non-quota immigrant visa and is admissible to the 
Philippines as a permanent resident; and (c) a quota immigrant visa, if such is the case, 
is immediately available to him/her at the time of his/her application, without the need 
of first departing form 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 o f Approval o f Application fo r Adjustm ent. — Upon the 
approval of an application for adjustment of status under the preceding section, the 
Commissioner shall record the foreign national's lawful admission as a permanent 
resident as of the date of the approval of the application and shall be included as part 
of the quota for the calendar year in accordance with Section 34 of this Act.
SEC. 41. A djustm ent o f Status, When N ot Allowed. -  Adjustment of status 
under Section 39 of this Act shall not be applicable to (a) a foreign crewmember, (b) a 
foreign national who has violated or is in violation of immigration laws, rules and 
regulations unless the same is through no fault of his/her own or for purely technical 
reasons, (c) a foreign national admitted as a temporary visitor without visa, and (d) 
transients.
CHAPTER 4
DOCUMENTATION AND ADMISSION OF NON-IMMIGRANTS
SEC. 
42. 
Docum entary Requirem ents o f Non-im m igrants. -  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
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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 o f A uthorized Stay o f 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 appiication, a 
conversion to another immigration status provided under this Act.
SEC. 44. Conditions fo r Issuance o f Pre-arranged Visas. -  A foreigner who 
is coming to the Phiiippines 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.
SEC. 45. Submission o f Crew List and Passenger M anifest 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.
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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 o f 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 fo r Temporary Landing o f 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. G rant o f 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.
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SEC. 49. Cessation o f Refugee Status. -  Refugee status granted under the 
previous section shall cease if a refugee:
(a) Voluntarily repatriates himself/herself or has re-established himself/herself in 
another State;
(b) Acquired a new nationality and enjoys the protection of such a State; or
(c) Can no longer continue to refuse to avaii 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 o f Grant o f Refugee Status to Refugee Dependents. -  A
spouse, minor child, and other dependents of a foreigner who is granted 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. C onfidentiality o f Inform ation. -  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 o f P roof -  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 o f Exclusion o r 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.
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SEC. 54. D etention o f 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. Docum entary Requirem ents o f Im m igrants; Instances When 
N ot 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 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
SEC. 56. Nature o f 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. Requirem ent o f Issuance o f Visa. -  Under the conditions and 
subject to the limitations prescribed in this Act or regulations issued hereunder, the
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Commissioner 
may 
approve 
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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 
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33 
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All diplomatic visas under Section 33 (e) of this Act shall be exclusively issued 
by the Department of Foreign Affairs in accordance with the Vienna 
Convention on Diplomatic Relations.
All other non-immigrant visas under Section 33 shall be issued 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. Requirem ents fo r Physical a n d /o r M ental Exam ination P rior to 
Issuance o f Im m ig ra n t Visa. -  Prior to the issuance of an immigrant visa to any 
foreign national, the Consular Officer shall require such person to submit to a physical 
and mental examination in accordance with such regulations as may be prescribed by 
the Commissioner. In addition, said foreign national shall be required to personally plant 
fifty (50) trees, except when he/she is physically incapable of doing so, in which case, 
he/she may cause another person to plant the trees.
SEC. 59. Validity o f 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
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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 national 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 o f Visa, Grounds Thereof. -T h e  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 o f Visa Issued by Consular Officer. -  The
Commissioner may, for valid cause and upon confirmation of the Secretar/ 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, finaily. 
That in both cases, if the registered foreign national departs permanently from the
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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 
requires his continued presence in the country; and
(c) There is no ongoing legislative inquiry where he/she is called upon to testify 
as a witness.
SEC. 63. Em igration 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 provisions 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;
(c) Change the status of non-immigrants by allowing them to acquire permanent 
residence status without necessity of a visa;
(d) Deport any foreign national, subject to the requirement of due process;
(e) Admit non-immigrants not otherwise provided for in this Act for humanitarian 
considerations and when not detrimental to public interest under such terms 
and conditions as he/she may prescribe;
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(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. A u th o rity  to  Classify Ports. -  The Commissioner shall classify and 
designate, from among the ports of entry established by law for immigration purposes, 
limited or unlimited ports of entry through which foreigners may be admitted into the 
Philippines. Only such classes of foreigners as provided under the rules and regulations 
prescribed by the Commissioner may be admitted at limited ports of entry. The 
Commissioner may, after due notice to the public, close designated ports of entry in the 
interest of national security or public safety.
CHAPTER 2
PROCEDURES ON ARRIVAL
SEC. 66. Inspection by Im m igration 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.
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SEC. 67. Detention o r Quarantine fo r 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 diseases or mental disorders set forth under Section 78(a) 
of this Act or whenever the Commissioner has received information showing that 
foreigners are coming form 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. M edical Exam ination R equirem ent -  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. A rrival Notice Requirem ents o f Vessel. -  The immigration 
authorities shall be given prior notice of the arrival of any civilian vessel before such 
vessel comes into any area in the Philippines from any place outside thereof. Such prior 
notice shall not be required in the case of vessels with scheduled arrivals filed with the 
Immigration Officer in charge at the international port of entry.
If, upon arrival in any area other than the designated port and there is no 
available Immigration Officer therein, the master, pilot, captain, agent or consignee 
shall not allow the passengers and crew members to disembark or leave the primary 
inspection area until the Immigration Officer shall have conducted the primary 
inspection formalities.
SEC. 70. Contents o f Notice o f Arrival. -  The advance notice of arrival 
required in the preceding section shall specify the following:
(a) Type of vessel and registration marks;
(b) Visaed crew list;
(c) Passenger manifest;
(d) Port of last departure;
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(e) International port of intended destination, or another 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 Perm it to Disembark. -  A foreign crewmember of a 
vessel under Section 33(c) of this Act may be granted a conditional permit, in a form 
prescribed by regulations, to disembark temporarily from the vessel on which he/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 o f Perm it; 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. 
L iability fo r Overstaying Foreign Crewmen. -  A foreign 
crewmember who remains in the Philippines in excess of the period allowed in the 
conditional permit issued to him/her shall be solitarily 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. L iability fo r Unauthorized Discharge o f 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 
on 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.
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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 
approved by the Commissioner.
SEC. 75. D uty to R eport Desertion o r Ille g a l Landing o f 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. Requirem ent fo r Submission o f List o f N ew ly Employed, 
Discharged and Ille g a lly  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 listing 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 the port, if 
any; and (d) such other additional information as the Commissioner deems necessary.
SEC. 77. L iability fo r Failure to Subm it 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
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EXCLUSIONS
SEC. 78. Exclusion Grounds. -T h e  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 a mental disorder or 
associated behavior that may pose threat to person or danger to 
property;
3. Those who are found to be suffering from addiction to prohibited or 
regulated substance;
(b) Economic Grounds
1. Those likely to become a public charge;
2. Those seeking entry for the purpose of performing skilled or unskilled 
labor, without a permit from the Secretary of the Department of Labor 
and Employment as required by law;
(c) Moral Grounds
1. Those coming to the Philippines to practice polygamy or who advocate 
the practice of polygamy unless his/her religion allows such practices;
2. Those who are pedophiles, sexual perverts or those coming to the 
Philippines for immoral purposes;
3. Those who are engaged or who seek to engage in prostitution or to 
procure or attempt to procure prostitutes, or who receives in whole or 
in part the proceeds of prostitution;
4. 
Those who, at the time of primary inspection by the Immigration 
Officer, exhibit any obnoxious behavior, contempt or disrespect for the 
said officer or any government official or the Commission;
(d) Criminal and Security Grounds
1. Those who have been convicted of a crime involving moral turpitude or 
who admit to the Immigration Officer having committed such crime, or 
who attempt and conspire to commit the crime;
2. Those who have been convicted, or who admit having committed, or 
are committing acts which constitute the elements of a violation or 
conspiracy to violate any law or regulation of the Philippines or a
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foreign country relating to a controlled, regulated or prohibited 
substance, or who attempt to conspire to commit the crime;
3. Those that the Philippine Government knows or has reason to believe 
is a trafficker of any controlled, regulated or prohibited substance or 
knows or has reason to believe is or has been an accomplice, 
accessory, abettor, or co-conspirator in the illicit trafficking of any 
controlled, regulated or prohibited substance;
4. Those who are fugitives from justice;
5. Those who seek to enter the Philippines to engage in;
a. Espionage or sabotage, or a violation or evasion of any laws 
prohibiting export of goods, technology or sensitive information;
b. Any activity aimed to promote membership in an organization of 
syndicated criminal activities;
c. Any activity, the purpose of which is to overthrow the Philippine 
government by force, violence or other unlawful means; and
d. Any other unlawful activity.
6. Those who are engaged or believed to be engaged or likely to engage 
in, aid, abet or finance any terrorist activity and members or 
representatives of a foreign terrorist organization;
7. Those who have been identified by competent authorities, local or 
foreign, as having engaged in or are engaging in human trafficking 
and smuggling;
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. M inor Persons/M inority. -  Persons under fifteen (15) years of 
age, and not accompanied by or not coming to a parent may be admitted: Provided, 
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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 o f 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 o f 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 exciusion order.
SEC. 81. A u th o rity to Waive Grounds fo r 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 o f Removal and Cost Thereof -  Any foreign national 
arriving in the Phiiippines 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 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
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(d)The country willing to accept the foreign national into its territory, if removal 
to any foregoing countries is impractical or impossible.
SEC. 84. O bligation o f Owner, Operator, Master, Captain, Pilot, A gent o r 
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;
(c) Deliver a foreign national for medical or other examinations when so ordered 
by such officer;
(d) Remove a foreign national from the Philippines to the country where his/her 
removal has been directed; or
(e) Pay the cost of detention and other expenses incidental thereto of a foreign 
national incurred while being detained as required by Section 82 of this Act or 
other costs necessary or incidental to his/her removal as provided in this Act.
SEC. 85. Penalty fo r Non-compliance o f Obligation. -T h e  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 shall be granted clearance 
from any port in the Philippines while such fines remain unpaid or while the validity 
thereof is being determined: Provided, That clearance may be granted prior to such 
determination upon deposit of a sum or cash bond sufficient to cover such fines as 
approved by the Commissioner.
TITLE V 
DEPORTATION
CHAPTER 1
DEPORTABLE FOREIGN NATIONALS
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SEC. 86. Classes o f Deportable Foreigners. -T h e  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:
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(a) Those who entered the Philippines by means of false and misleading 
statements or documents, misrepresentations or without inspection and 
admission by the immigration authorities;
(b ) Those who entered the Philippines who were not lawfully admissible at the 
time of entry;
(c) Those who engage, abet or aid in the practice of prostitution including the 
owner, manager or inmates of a house of prostitution or are procurers, 
pedophiles or sexual perverts;
(d ) Those who, at any time after the date of entry, have become a public charge;
(e) Those who remain in the Philippines in violation of any period of limitation or 
condition under which they were admitted;
(0 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;
(i) Those who, at any time after entry, are engaged in acts or omissions 
punishable under the Philippine penal laws cognizable by the Regional Trial 
Courts and the Sandiganbayan;
(j) Those who, at any time after entry, are convicted by final judgement of a 
crime punishable under Philippine penal laws cognizable by the first level 
courts;
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(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;
(l) 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 or taxation laws, rules and regulations;
(o) 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, 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.
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SEC. 87. Non-Prescription o f Deportation Cases. -T h e  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
DETERNTION AND DEPORTATION OF FOREIGN NATIONALS
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SEC. 88. Issuance o f Summons. -  If the Commissioner determines that there
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exists a reasonable ground to deport a foreigner pursuant to Section 86 of this Act,
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SEC. 89. A u th o rity to Issue Letter Order. -T h e  Commissioner may issue a 
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.
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SEC. 90. Form al Charge o f 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.
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SEC. 91. Detention o f a Foreigner Convicted o f a Felony o r 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.
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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 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 Filipino 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 o f an Order o r W arrant o f Deportation. -T h e  order or 
warrant of deportation shall be in the form prescribed by the Commissioner and shall
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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 o f Deportation. — The order of 
deportation shall be enforced immediately and 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 reason beyond the control of the Commissioner, the foreigner 
shall remain in custody.
SEC. 95. Suspension o f 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;
(d) Unavailability of travel documents;
(e) Existence of an application for refugee status; or
(f) Other humanitarian considerations.
SEC. 96. R einstatem ent o f a D eportation 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 o f Destination o f 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 o f 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
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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 o f Deportation. -T h e  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. L iability o f Owner, Operator, Captain, Master, Pilot, Agent or 
Consignee o f a Vessel. -  Failure or refusal on the part of the owner, operator, 
captain, master, pilot, agent or consignee of a vessel to take on board, guard safely and 
transport the deportee to 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 o f Accompanying Person. -T h e  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
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SEC. 102. Deportation o f In d ig e n t 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 V I
MISCELLANEOUS PROVISIONS 
CHAPTER 1
REGISTRATION OF FOREIGN NATIONALS
SEC. 103. Requirem ent o f Registration. -  A temporary foreign visitor must 
register with the Commission or any Immigration Office nearest his/her place of 
residence on or before the sixtieth (60th) day of his/her arrival in the Philippines.
SEC. 104. Registration Form and Oath. -  Applications for registration shall 
be under oath and in such forms 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. Am endm ent o f 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 o f Certificate o f Registration. -  Every foreigner 
required to register under this Act or the parent or guardian of such foreigner shall, 
upon demand of any authorized immigration official, present his/her certificate of 
registration, and failure to do so without justifiable cause shall be dealt with in 
accordance with the provisions of this Act.
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SEC. 107. R eportorial 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 w ith 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 o f Registration o f 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. -  This 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
(c ) To insure the appearance of foreigners released from custody during the 
course of deportation proceedings instituted against them.
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SEC. 111. Requirem ent o f Cash Deposits fo r Overtim e Services. -T h e  
Commission shall likewise have the authority to require cash deposits in such amounts 
as may be necessary from a vessel's owner, operator, captain, master, pilot, agent, or 
consignee or other persons served to cover payments for overtime services to be 
performed by officers and employees of the Commission.
SEC. 112. Cancellation and Forfeiture o f Bonds. -  When the conditions of 
the bonds are fulfilled, or in case of a bond posted to insure against a foreigner 
becoming a public charge, when the Commissioner decides that the likelihood no longer 
exists, or death of the foreigner on 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 
deportees and to cover the costs of operations in the arrest of a deportee who jumps 
bail.
CHAPTER 3 
RECOGNIZANCE
SEC. 113. Petitions fo r Recognizance, Sanction fo r Breach o f Conditions. 
-T h e  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 or not less than Fifty 
thousand pesos (PHP 50,000.00) but not more than One hundred thousand pesos (PHP
100,000.00) without prejudice to other administrative sanctions and/or proceedings 
against the erring party.
CHAPTER 4
COOPERATION AND COORDINATION W ITH OTHER OFFICES
SEC. 114. W orking Cooperation w ith the D epartm ent o f 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.
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SEC. 115. 
W orking Cooperation w ith 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 w ith 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. A u th o rity o f the Commissioner to Prescribe, Im pose 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
ADMINISTRATIVE FINES AGAINST VESSELS
SEC. 119. Fine fo r Failure to S ubm it 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 (PHP 100,000.00) and Fifty thousand pesos (PHP 50,000.00) 
for each unaccounted person, respectively.
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SEC. 120. Fine fo r Violation o f Obligation on the Landing o r Removal or 
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 (PHP 50,000.00) but not more than Two hundred 
thousand pesos (PHP 200,000.00) for each violation.
SEC. 121. Fine fo r Bringing Undocumented Foreigner, o r Foreigner 
A fflicted w ith Communicable o r Contagious Disease, o r Suffering from  M ental 
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 (PHP 100,000.00) 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 (PHP 200,000.00) but not more than Three hundred thousand pesos (PHP
300.000. 00) for each foreigner.
SEC. 122. Fine fo r Bringing a Foreigner to Assist His Ille g a l Entry or 
M isrepresenting a Foreigner as a Member o f the Crew. -  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 a foreigner bound for the Philippines to assist 
his/her illegal entry, or misrepresenting the foreigner to the Immigration Officer at the 
port of arrival as a bona fide member of the crew, shall be fined not less than One 
hundred thousand pesos (PHP 100,000.00) but not more than Two hundred thousand 
pesos (PHP 200,000.00) for each foreigner.
SEC. 123. Fine fo r Violation o f O ther Provisions o f this Act. -T h e  pilot, 
master, agent, owner or consignee of the vessel arriving at a port in the Philippines 
from a place outside thereof who violates any other provision of this Act not specifically 
provided in this Chapter shall be fined not less than Fifty thousand pesos (PHP
50.000. 
00) but not more than Two hundred thousand pesos (PHP 200,000.00) for each 
violation.
CHAPTER 7
OTHER PENAL PROVISIONS
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SEC. 124. O ther Prohibited Acts and Penalties Thereof. -  Any person who
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shall commit any of the acts specified hereunder shall, upon conviction, suffer the
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penalty of prision correccional in its maximum period to prision mayor in its minimum
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period or a fine of not less than One hundred thousand pesos (PHP 100,000.00) but not
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more than Five hundred thousand pesos (PHP 500,000.00), or both, at the discretion of
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the  court:
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(a) Impersonates another individual, or falsely appears in the name of a
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deceased individual, or evades the immigration laws by using an assumed or
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fictitious name when applying for an immigration document;
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(b) Issues or otherwise disposes of an immigration document or an immigration
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accountable form, to any person not authorized by law to receive such
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documents;
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(c) Obtains, manufactures, prints, accepts or uses any immigration or travel
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document knowing it to be false or uses immigration accountable form that is
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n ot legally issued;
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(d) Enters the Philippines without inspection and admission by the immigration
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authorities, or obtains entry into the Philippines by fraud, misrepresentation,
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or concealment of material facts;
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(e) Misrepresents himself/herself to be a Philippine citizen;
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(f) Knowingly makes under oath any false statement regarding any immigration
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matter; or
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(g) Brings into, or lands in the Philippines, or conceals, harbors, employs, or
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gives comfort to any person not duly admitted by any immigration officer or
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not lawfully entitled to enter into or resides within the Philippines, or attempts,
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conspires with, or aids another to commit any such acts.
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Where the offender of any acts specified in paragraph (g) of this section is a
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corporation, company, partnership or other juridical entity, the president, general
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manager, managing partner, or chief executive officer thereof shall be held liable.
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Dismissal of the employee by the employer before or after apprehension shall not
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relieve such employer from any liability arising from the offense: Provided, That if the
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vessel which brought the foreigner into the Philippines from any place outside thereof,
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the fine imposed under this section shall constitute a lien against the vessel which may
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be enforced in the same manner as fines are collected and enforced under existing laws.
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Such vessel shall not be allowed to depart without prior clearance issued by the
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Commission. Where forfeiture is justified under the particular circumstances of the case.
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the forfeiture of the vessel in favor of the government in lieu of the fine shall be 
decreed.
Conviction by final judgement 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.
SEC. 125. Penalty fo r Non-compliance o f 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 (P I,000.00), or both, 
at the discretion of the court.
SEC. 126. Penalty fo r an Overstaying Crewmember. -  Any foreign 
crewmember who willfully remains in the Philippines beyond the period allowed him/her 
for temporary landing shall, upon conviction, suffer the penalty of imprisonment of six 
(6) months or fine of not less than Fifty thousand pesos (PHP 50,000.00) but not more 
than One hundred thousand pesos (PHP 100,00.00), or both, at the discretion of the 
court.
SEC. 127. Im position o f 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 offenses 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
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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 targets.
CHAPTR9
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 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 o f 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 pattern: 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, finaily, That employees who have been 
dismissed for cause shall no longer qualify for any position in the Commission.
SEC. 131. In ve n to ry and Transfer o f 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 o r 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
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ADM INISTRATION AND IMPLEMENTATION
SEC. 
134. 
A dm inistration 
and 
Im plem entation 
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 
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consular 
establishments.
SEC. 135. Im plem enting Rules and Regulations. -T h e  Commission, upon 
consultation with the Department of Foreign Affairs and other concerned government 
agencies or offices and subject to the approval of 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. E ffectivity 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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