fg BEPRES,
S
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Republic of the Philippines
HOUSE OF REPRESENTATIVES

2D

Quezon Ci
oI PE yr 2 JAN 2000
ThE.
EIGHTEENTH CONGRESS ‘a Ry
First Regular Session "y Sy
SLNDEX

House Bill No. 8929

Introduced by CIBAC Party-List Representatives
Eduardo “Bro. Eddie” C. Villanueva and Domingo C. Rivera

AN ACT
REQUIRING ALL FOREIGN NATIONALS WHO INTEND TO WORK IN
THE PHILIPPINES TO PRESENT AN EMPLOYMENT PERMIT PRIOR
TO THE ISSUANCE OF NON-IMMIGRANT VISA OR TEMPORARY
ADMISSION TO THE PHILIPPINES, AMENDING FOR THE PURPOSE
COMMONWEALTH ACT NO. 613, AS AMENDED, OTHERWISE
KNOWN AS THE PHILIPPINE IMMIGRATION ACT OF 1940

EXPLANATORY NOTE

The Philippine Constitution provides that the State shall develop a self-reliant
economy effectively controlled by Filipinos (Article 2, Section 19). It also provides that
the State shall promote the preferential use of labor and adopt measures to help them
become competitive (Article 12, Section 12).

Consistent with these policies, Article 40 of the Philippine Labor Code requires
any foreign worker seeking admission for purposes of employment in the Philippines
to secure an alien employment permit (AEP) from the Department of Labor and
Employment. The AEP can only be issued after a determination that there are no
Filipinos capable, able and willing to do the job for which the foreigner is being hired.

Meanwhile, in order to expedite the issuance of permits to foreigners who intend
to work in the Philippines for less than six months, the Bureau of Immigration (Bureau
or Bl) issued AFF Jr.-No.05-009 which exempted foreigners from getting an AEP if they
will only work in the Philippines for a period less than six months. In this case, they


shall only be required to secure a special working permit (SWP) from the Bureau
Compared to the issuance of AEP, the process of getting an SWP is less stringent.

According to DOLE, it has issued 115,652 AEPs from 2015 to 2017," while the
BI has issued 185,099 SWPs in 2018 alone.? Thus, it appears that there is a
disproportionate number of SWPs issued by the BI compared to the number of AEPs
issued by the DOLE.

This is especially alarming considering that the Bureau’s authority to issue work
permits appears questionable. Section 9(a),* Section 42(a)(32),* and Section
42(a)(33)° of Commonwealth Act No. 613, as amended (Philippine Immigration Act or
BI Charter), relied upon by the Bureau as legal basis for its authority, do not give the
BI clear authority to issue a work permit.® Section 9(a) merely authorizes the BI to
issue visa to foreigners who will come to the country for “business or for pleasure or
for reasons of health,” while Section 42 merely allows the BI to collect fees.

This anomaly is even aggravated by the fact that in 2018, we discovered that
the Bureau's satellite office in SM Aura issues SWPs in one day, upon payment of an
additional un-receipted fee Php5,000. In the mean time, during the deliberations of the
proposed 2019 budget of the Bureau, when the BI was asked the process for the
issuance of SWPs, it was unable to provide a clear answer.

These questionable practices have resulted in the increasing number of foreign
workers in the country, some of whom were found to be illegally working here. In 2018,
BI arrested close to 800 foreign nationals and deported 611 foreign nationals illegally
working in the country.”

This bill seeks to amend the Philippine Immigration Act to clarify the authority
of the Bureau to issue work-related visa, permits and other visa issued to temporary
visitors coming for business or those temporarily admitted to the Philippines. Towards
this end, it clarifies that:

1) A temporary visitor admitted under Section 9(a) shall not be allowed to engage in
activities or render services whether in an employment arrangement or otherwise,
without an alien employment permit or a certification from the DOLE that there is no
other Filipino capable, able and willing to do the job for which the foreigner is being
hired, after conducting the appropriate labor market test, as appropriate;

* October 1, 2018. Response letter from the Department of Labor and Employment to the Office of Senator Joel Villanueva on
the request forthe official number of foreign nationals with AEP.

2 December 11, 2018, Response letter trom the Bureau of Immigration to the Office of Senator Joe! Villanueva on SWPs issued
to Foreign Nationals

° SECTION 9. Aliens departing from any place outside the Philippines, who are otherwise admissible and who qualify within one

ofthe following categories, may be admitted as nonimmigrants:

(2) A temporary visitor coming for business or for pleasure or for reasons of health;

SECTION 42. (a) In addition to the documentary stamp required by existing law, there shall be collected and paid into the

Philippine Treasury the folowing fees for services, as indicated, for aliens seeking to enter or remain in the Philippines under

the provisions ofthis Act:

(32) Waiver of objection of exclusion under Section 29(b) - 100.00

* 83) Petition for permit to work ~ 30.00

® BI Operation Order No. JHM-2018-01 1 cited Section 9 and Section 42(a)(32) as basis for B's authority to issue work permits,

while the draft Clarifcatory Joint Guidelines of DOLE and Bl on the issuance of work permits cited Section 42(a)(33).

T February 5, 2019. :74% of foreigners arrested in 2018 from China — Immigration’. Philstar Global. Retrieved trom
Isher omens! RS O07 legac enmand 29¢-ctie rgeto, (ete sxrnees

2019)


2)

3)

4)

5)

6)

An applicant for a pre-arranged employment visa must provide an AEP issued by the
DOLE before such visa is issued by the Bureau;

All foreign nationals who intend to work in the Philippines, regardless of the period of
employment, must secure an AEP from the DOLE or a certification that there is no
other Filipino capable, able and willing to do the job for which the foreigner is being
hired before he/she can be issued a non-quota immigration visa;

A foreigner applying for temporary admission under Section 29(b) of the BI Charter,
who desires to engage in gainful employment in the Philippines must secure an AEP
from the DOLE or a certification that there is no other Filipino capable, able and willing
to do the job for which the foreigner is being hired before he/she can be temporarily
admitted in the country;

The “Petition for Permit to Work" referred to in Section 42(a)(33) of the Bl Charter is
issued only in relation to an application for a pre-arranged employment visa under
Section 9(Q) of the BI Charter; and

A foreign national who is working in the Philippines without a valid work visa shall be

punished with a fine ranging from Php500,000 to Phps Million, in addition to
imprisonment of not more than two years and deportation, if he is an alien.

The immediate passage of this bill is earnestly sought.

ea Oe

HON. EDUARDO “BRO. EDDIE” C. VILLANUEVA



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. _ 8029

Introduced by CIBAC Party-List Representatives
Eduardo “Bro. Eddie” C. Villanueva and Domingo C. Rivera

AN ACT
REQUIRING ALL FOREIGN NATIONALS WHO INTEND TO WORK IN
THE PHILIPPINES TO PRESENT AN EMPLOYMENT PERMIT PRIOR
TO THE ISSUANCE OF NON-IMMIGRANT VISA OR TEMPORARY
ADMISSION TO THE PHILIPPINES, AMENDING FOR THE PURPOSE
COMMONWEALTH ACT NO. 613, AS AMENDED, OTHERWISE
KNOWN AS THE PHILIPPINE IMMIGRATION ACT OF 1940

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

SECTION 1. Declaration of Policy. — The Philippine Constitution provides that the
State shall promote the preferential use of Filipino labor, domestic materials and locally
produced goods, and adopt measures that help make them competitive. It also
provides that the State shall develop a self-reliant and independent national economy
effectively controlled by Filipinos.

Pursuant to this, the State shall ensure that capable, able and willing Filipino workers
are not deprived of job opportunities in the Philippines through efficient and
transparent enforcement of regulations on the entry and employment of foreign
nationals in the country.

SECTION 2. Section 9(a) of Commonwealth Act No. 613, as amended, otherwise
known as the Philippine Immigration Act of 1940, is hereby further amended to read
as follows:


SECTION 9. Aliens departing from any place outside the Philippines, who are
otherwise admissible and who qualify within one of the following categories, may
be admitted as nonimmigrants:

(a) A temporary visitor coming for business or for pleasure or for reasons of
health, PROVIDED, THAT NO SUCH TEMPORARY VISITOR SHALL BE
ALLOWED TO ENGAGE IN ACTIVITIES OR RENDER SERVICES WHETHER
IN AN EMPLOYMENT ARRANGEMENT OR OTHERWISE, WITHOUT AN
ALIEN EMPLOYMENT PERMIT OR A CERTIFICATION FROM THE
DEPARTMENT OF LABOR AND EMPLOYMENT THAT THERE IS NO OTHER
FILIPINO CAPABLE, ABLE AND WILLING TO DO THE JOB FOR WHICH THE
FOREIGNER IS BEING HIRED, AFTER CONDUCTING THE APPROPRIATE
LABOR MARKET TEST, AS APPROPRIATE.

SECTION 3. Section 20 of the Philippine Immigration Act of 1940, as amended, is
hereby further amended to read as follows:

SECTION 20. In case of prearranged employment.

A passport visa for nonimmigrant referred to in Section Nine (g) of this Act who
is coming to prearranged employment shall not be issued by a consular officer
until the consular officer shall have received authorization for the issuance of
the visa. Such authorization shall be given only on petition filed with the
Commissioner of Immigration establishing that no person can be found in the
Philippines willing and competent to perform the labor or service for which the
nonimmigrant is desired AS DETERMINED BY THE DEPARTMENT OF
LABOR AND EMPLOYMENT (DOLE) and that the nonimmigrant's admission
would be beneficial to the public interest. The petition shall be made under
cath, in the form and manner prescribed by regulations, by the prospective
employer or his representative.

Filing of petition under oath. — The petition shall state fully the nature of the
labor or service for which the nonimmigrant is desired, the probable length of
time for which he is to be engaged, the wages and other compensation which
he is to receive, the reasons why a person in the Philippines cannot be
engaged to perform the labor or service for which the nonimmigrant is desired
and why the nonimmigrant's admission would be beneficial to the public
interest.

Accompanying documents. - The petition shall be accompanied by a
certified copy of any written contract or agreement entered into for the
immigrant's service and shall contain such additional information as may be
deemed material. Substantiation of all the allegations made in the petition shall
be required and the allegations that no person can be found in the Philippines
willing and competent to perform the labor or service for which the
nonimmigrant is desired and that the nonimmigrant's admission would be
beneficial to the public interest shall be established beyond doubt by
convincing and satisfactory evidence, PROVIDED THAT, IN ALL CASES, THE
PETITION SHALL BE SUPPORTED BY AN ALIEN EMPLOYMENT PERMIT
ISSUED BY THE DEPARTMENT OF LABOR AND EMPLOYMENT IN


ACCORDANCE WITH THE REQUIREMENTS OF PRESIDENTIAL DECREE
NO. 442, AS AMENDED. The title “Immigration Visas for Non-quota
Immigrant” shall be understood to refer only to section twenty-one of the same
Act.

XXX

SECTION 4. A new Section 20-A shall be inserted as follows:

SECTION 20-A. IN ALL CASES, THE COMMISIONER OR ANY OF ITS
AUTHORIZED REPRESENTATIVES SHALL REQUIRE ANY FOREIGN
NATIONAL WHO INTEND TO ENGAGE IN GAINFUL EMPLOYMENT IN
THE PHILIPPINES, REGARDLESS OF THE PERIOD OF EMPLOYMENT,
TO SECURE AN ALIEN EMPLOYMENT PERMIT OR A CERTIFICATION
FROM THE DEPARTMENT OF LABOR AND EMPLOYMENT THAT THERE
1S NO OTHER FILIPINO CAPABLE, ABLE AND WILLING TO DO THE JOB
FOR WHICH THE FOREIGNER IS BEING HIRED BEFORE ISSUING A
NON-QUOTA IMMIGRATION VISA IN ACCORDANCE WITH THIS ACT.

SECTION 5. Section 29 (b)(2) of the Philippine Immigration Act of 1940, as amended,
is hereby further amended to read as follows:

SECTION 29.
XXX

(b) Notwithstanding the provisions of this Section, the Commissioner of
Immigration, in his discretion, may permit to enter any alien properly
documented, who is subject to exclusion under this section, but who is:

1. An alien lawfully resident in the Philippines who is returning from a temporary
visit abroad;

2. An alien applying for temporary admission; PROVIDED, THAT AN ALIEN
APPLYING FOR TEMPORARY ADMISSION FOR THE PURPOSES OF
GAINFUL EMPLOYMENT SHALL SECURE AN ALIEN EMPLOYMENT PERMIT
OR A CERTIFICATION FROM THE DEPARTMENT OF LABOR AND
EMPLOYMENT THAT THERE IS NO OTHER FILIPINO CAPABLE, ABLE AND.
WILLING TO DO THE JOB FOR WHICH THE FOREIGNER IS BEING HIRED
AFTER CONDUCTING A LABOR MARKET TEST, BEFORE THE ALIEN IS.
GRANTED TEMPORARY ADMISSION BY THE COMMISSIONER OF
IMMIGRATION.

SECTION 6. Section 42(a)(33) of the Philippine Immigration Act of 1940, as
amended, is hereby further amended to read as follows:

SECTION 42. (a) In addition to the documentary stamp required by existing law,
there shall be collected and paid into the Philippine Treasury the following fees
for services, as indicated, for aliens seeking to enter or remain in the Philippines
under the provisions of this Act:


XXX

33. Petition for permit to work IN RELATION TO AN APPLICATION FOR A
PRE-ARRANGED EMPLOYMENT VISA UNDER SECTION 9(G) OF THIS ACT
- 30.00

SECTION 7. Section 45 of the Philippine Immigration Act of 1940, as amended, is
hereby further amended to read as follows:

SECTION 45. Any individual who:

(2) When applying for an immigration document, impersonates another individual,
or falsely appears in the name of deceased individual, or evades the immigration
laws by appearing under an assumed oF fictitious name; or

XXX

(h) IS WORKING IN THE PHILIPPINES WITHOUT A VALID WORK VISA AS
REQUIRED UNDER THIS ACT;

(I) Attempts or conspires with one another to commit any of the foregoing acts,
shall be guilty of an offense, and upon conviction thereof, shall be fined [not more
than one thousand pesos] IN AN AMOUNT RANGING FROM FIVE HUNDRED
THOUSAND PESOS TO FIVE MILLION PESOS, and imprisoned for not more
than two years, and deported if he is an alien.

SECTION 8. Implementing Rules and Regulations. — Within ninety (90) days from
the effectivity of this Act, the Bureau of Immigration, in coordination with the
Department of Labor and Employment, other appropriate government agencies, and
other relevant stakeholders, shall formulate the necessary rules and regulations to
implement the provisions of this Act.

SECTION 9. Separability Clause. — If any provision of this Act or any part thereof
shall be declared unconstitutional or invalid, the other provisions, as far as they are
separable, shall remain in force and effect.

SECTION 10. Repealing Clause. — All laws, orders and issuances, rules and
regulations and/or parts thereof inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.

SECTION 11. Effec ity. - This Act shall take effect after fifteen (15) days from its
publication in the Official Gazette or in two (2) newspapers of general circulation.

Approved,