Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
SIXTEENTH CONGRESS

First Regular Session

House BiLLNo.__1134

Introduced by Honorable Feliciano Belmonte, Jr.

EXPLANATORY NOTE

This bill seeks to introduce structural and institutional reforms in our present
immigration system. For 72 years, despite the countless developments in international
migration brought about by global political, social, and economic changes, our 1940
immigration law has remained untouched

It is solely inclined towards the fulfilment of the protection mandate enshrined
under our Constitution. First, to protect domestic producers from the influx of imported
goods by ensuring that foreigners are coming not to engage in business that will pose a
threat to our local industries. This was the reason for the establishment of a Division on
Immigration under the Bureau of Customs in 1937 pursuant to Act No. 307 of the then
Philippine Assembly

With the advent of trade liberalization, the government gradually shifted its focus
from wielding its taxation power to protect local industry to exercising its police power to
prevent illegal entry of foreigners who would like to engage in retail business, thus,
competing with local businessmen. To regulate the entry of foreigners, especially the
Chinese nationals, this Division on Immigration was transferred and placed under the
then Bureau of Labor

Time and again, the need to strengthen this function of the government continues
to unfold. As more and more foreigners come to the Philippines for business, pleasure,
or labor, the country’s exposure to outside threat became more apparent. Hence,
Commonwealth Act No. 613 otherwise known as “An Act to Control and Regulate the
Immigration of Aliens into the Philippines” was passed into law in 1940. This 1940
Immigration Law became the charter of the present Bureau of Immigration.

Commonwealth Act No. 613 was anchored on the principle that the entry and
admission of foreigners into the Philippines is a matter of privilege, a principle consistent

i


with the exercise of a state’s fundamental right as a self governing nation — the right to
protect and defend its territory against any form of political, social or economic attack. It
is in this light that the present Bureau of Immigration functions as a gatekeeper,
performing duties and exercising powers that will uphold this principle of sovereignty.

After trade liberalization came the era of globalization. Globalization has brought
about mass human migrations and ushered in the birth of international criminal
syndicates engaged in lucrative trade of human smuggling and trafficking in persons,
drug trafficking, kidnapping, and other nefarious activities such as terrorism. These
criminal activities became more complex, threatening the integrity of our borders,
national security, national sovereignty and the rule of law. Hence, fighting these 20th
century crimes became the political agenda of virtually every nation throughout the
world, including the Philippines. With the advent of dramatically improved, more efficient
and easily accessible transport and communication facilities, the international dimension
of criminal law enforcement has emerged

Faced with these challenges, the Bureau of Immigration has to contend with
existing legal tools, though seemingly outdated, in order to carry out its function as
gatekeeper. Hence, even without the direct provisions of the law mandating them to
expand it coordination efforts to fight the menace of these 20th century crimes, the
present Bureau of Immigration maintains close and effective coordination with other
government bodies like the Department of National Defense, Department of the Interior
and Local Government, Bureau of Customs, Bureau of Fisheries and Aquatic
Resources, Philippine Navy, Philippine Coast Guard, National Bureau of Investigation,
National Intelligence Coordinating Agency, National Security Council, Philippine
National Police, Intelligence Service of the Armed Forces of the Philippines, Dangerous
Drugs Board, and other local law enforcement organizations.

Aside from law enforcement, the impact of globalization on immigration can be
felt in our economy. People tend to move from home to home to seek a business
and/or pleasure. It is for this reason that our present immigration system needs to be
adjusted to cope up with the growing demands of migration, it is for this reason that the
Bureau of Immigration should be clothed with a renewed mandate to deliver world class
immigration services that will promote the country’s image in the international
community as a safe tourist destination and a potential investment site.

As a tourist destination, the country has embarked into so many programs to
attract tourist arrivals. Industry data shows that tourist arrivals in 2011 and 2012 were
estimated at 3,145,582 and 3,440,197, respectively. For the current year, 1,649,458
tourists arrived in the past four (4) months, an increase of 10.12% compared to 2012.
This representation believes these figures will double if this bill is passed into law. It
bears stressing that increase in tourist arrivals will mean more revenues for the
government and growth in economic activity.

As an investment site, the Philippines need a more responsive immigration law
that will establish an environment that will attract foreign investor. If this bill is passed


into law, it is expected that the Bureau of Immigration will become one of the most
important government agencies in view of its vital role not only as gatekeeper but also
as agent of economic development

To effectively carry out these gargantuan tasks, this bill seeks to reorganize the
Bureau of Immigration, converting it into a Commission with expanded jurisdiction and
streamlined powers and functions to eliminate red tape and enhance efficiency and
efficacy in the bureaucracy taking into account national sovereignty, territorial integrity,
national security, and the right to self-determination

Finally, this bill saw its light in the Bicameral Conference Committee of the House
of Representatives and Senate during the 14” Congress but by force of circumstance,
its final ratification was overtaken by sine die adjournment

Recognizing it is a welcome piece of legislation, this representation together with
some distinguished members of the House, namely Reps. Pedro Romualdo, Rufus
Rodriguez, Maximo Rodriguez, Jesus Crispin Remulla, Emil Ong, Roman Romulo,
March Douglas Cagas, Simeon Datumanong, and Leopoldo Bataoil re-filed the bill
during the last 15" Congress. However, supervening events preoccupied the House of
Representatives, particularly the impeachment of two of the highest officials of the land,
then Ombudsman Merceditas Gutierrez and Chief Justice Renato Corona.

In view of the foregoing, the passage of this bill is earnestly requested

x

FELICIANO BELMONTE, JR.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS

First Regular Session

House sino, 11384

Introduced by: Honorable Feliciano Belmonte, Jr.

PHILIPPINE IMMIGRATION ACT OF 2013

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

TITLE!
GENERAL PROVISIONS

SECTION 1. Title of the Act. — This Act shall be known as the "Philippine Immigration
Act of 2013"

SEC. 2. Declaration of Policy. — In relation to other states, the Philippines shall give
paramount consideration to national sovereignty, territorial integrity, national security, national
interest, and the right to self-determination, as it adheres to the policy of peace, cooperation and
amity with all nations. Toward this end, Philippine immigration policies, rules and regulations
under this Act shall be applied and administered in the promotion of domestic and international
interests of the Philippines, in recognition of.

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

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

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

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

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


(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. Definition of Terms. — As used in this Act, the following terms are defined as

follows:

(a) “Admission” refers to the process by which a foreigner arriving at a port of entry in
the Philippines is allowed into the country by the immigration authorities;

(b) "Board" refers to the Board of Commissioners;

(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;

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

() “Consular Officer" refers to any consular, diplomatic, or other officer of the
Government of the Philippines who has been duly granted a consular commission for the
purpose of issuing visas under this Act;

(k)_ "Entry" refers to the arrival of a foreigner into any designated port of entry in the
Philippines from a place outside thereof. A foreigner having a lawful permanent residence in the
Philippines shall not be regarded as making an entry for the purpose of this Act if such foreigner
proves that his/her departure to a place outside the Philippines was for a temporary or limited
period, or his/her continued absence from the Philippines was occasioned by deportation
proceedings, extradition, or other legal process.


(1) “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) ‘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 @ directive from the Regional Trial Courts, Sandiganbayan, and appellate
courts to prevent a person from leaving the Philippines to any place outside thereof,

(0) "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”,

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

(q)_ “Immigration laws" refers to this Act and any other law presently existing or which
may hereafter be enacted relating to movement of natural persons to and from the Philippines,
and their exclusion, interception, deportation and repatriation:

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

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

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

(u) ‘Non-refoulement" refers to 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;

(v) "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:

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

companies, and associations;


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

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

(2) ‘Refugee” refers to a person who, owing to a well-founded fear of being persecuted
for reasons of race, religion, nationality, membership of a particular social group, or political
opinion, is outside the country of his/her nationality, and is unable 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;

(aa) “Foundling’ refers to a deserted or abandoned infant whose parents, guardian or
relatives are unknown, or a child committed to an orphanage or charitable institution with
unknown facts of birth and parentage and registered in the Civil Register as a “foundling”
“Seafarer” or "Crewmember” refers to a person actually employed in the

(bb) "Seaman,
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 a national by any State
under 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 13 of
Republic Act No. 8239, otherwise known as “The Philippine Passport Act of 1996";

(ff)

(gg) "Visa" refers to an endorsement on a passport or any travel document issued by a

Vessel" refers to all means of conveyances, whether aircraft or sea craft; and

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.
TITLE Il
COMMISSION ON IMMIGRATION
CHAPTER 1
THE COMMISSION
SEC. 4. Creation. — The Commission on Immigration is hereby created. It shall be
principally responsible for the administration and enforcement of this Act, and the


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

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

CHAPTER 2
THE COMMISSIONER

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

SEC. 7. Powers and Functions of the Commissioner. — in addition to the duties as
Chairperson of the Board of Commissioners, 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 in deportation
cases; (6) hold departure orders in deportation cases; (6) allow entry or departure orders; and
(7) blacklist orders;

(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 contro! 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:

() 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",


@ Issue Certificate of Identification to foreigners who have obtained Filipino
citizenship;

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

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

(m) 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;

(n) Authorize and prescribe the forms and the amount of cash bonds for the provisional
release of respondents in deportation proceedings;

(0) 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;

(p) 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;

(q) Submit to the President and Congress, annually or as may be directed, a report on
the: (1) number and status of foreigners in the Philippines; (2) foreigners admitted or granted
change of status as permanent residents; (3) foreigners who have been excluded or deported
from the Philippines; (4) estimated number of illegal foreigners in the Philippines in each
calendar year and actions taken to arrest them, by nationality grouping, for each region in the
Philippines; and (5) such other transactions of the Commission;

(1) Prepare and submit supplemental budget of the Commission for the consideration of
the Department of Budget and Management

(s) Prescribe such rules, regulations or other administrative issuances to carry out the
provisions of this Act;

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

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

(v) Act on applications for recognition of Philippine citizenship of foundlings

CHAPTER 3
THE DEPUTY COMMISSIONERS


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

SEC. 9. Duties of Deputy Commissioners. — In addition to their duties as members of

the Board, the Deputy Commissioners shall exercise additional powers, subject to the approval
of and as may be assigned by the Board, in the following areas of concern as:

a. Deputy Commissioner for Administration, Finance, Planning, Legal and Information

and Communications Technology:

b, Deputy Commissioner for Regional Operations, Registration, Immigration Regulation

and Visa and Special Permit

¢. Deputy Commissioner for Intelligence, Enforcement, Fraud Prevention and

Complaint and Prosecution: and
d. Deputy Commissioner for International Policies, Cooperation and Social Integration
CHAPTER 4
THE BOARD OF COMMISSIONERS
SEC. 10. Powers and Functions of the Board. — The Board shall have the following
powers and functions:

(a) Decide on deportation cases;

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

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

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

marriage;

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

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

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

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

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

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

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

SEC. 11. Decisions of the Board. - In all cases or proceedings before the Board, the
decision of the majority shall prevail. Decisions of the Board shall become final and executory
fifteen (15) days from receipt thereof. Only one (1) motion for reconsideration shalll 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.

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

SEC. 13. Meetings of the Board. - In all cases, the Board of Commissioners shall
convene and act as a collegial body in all matters referred to in Section 10 of this Act. The
Board shall meet at least once a week or, if necessary, twice a week. Members of the Board
shall be notified accordingly and the presence of the Chairperson and two (2) members shall
constitute a quorum,

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

CHAPTER 5
THE EXECUTIVE DIRECTOR

SEC. 15. Appointment and Tenure — There shall be an Executive Director of the
Commission who shall be appointed by the Secretary upon the recommendation of the
Commissioner, and whose term shall be co-terminous with the Commissioner. He/she must be
a natural-born citizen of the Philippines, at least thirty (30) years of age and a member of the
Philippine Bar in good standing for at least five (5) years prior to his/her appointment.

SEC. 16, Powers and Duties. - The Executive Director shall:

(a) Advise and assist the Commissioner in the formulation and implementation of the

objectives, policies, plans and programs of the Commission;

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

(c) Coordinate the programs and projects of the Commission and be responsible for its

economical, efficient and effective administration;

(d) Administer oaths in connection with all matters relating to the business of the

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


CHAPTER 6
THE BOARD OF SPECIAL INQUIRY
SEC. 17. Constitution of Boards of Special Inquiry. There shall be constituted as many
Boards of Special Inquiry as required in the exigency of service but not more than twelve (12)
Each Board shall be composed of @ Chairperson and two (2) members. The Board shall be
designated according to their areas of specialization to be determined by the Board
SEC. 18. Appointment and Qualification of the Chairpersons and Members of the
Boards of Special Inquiry. - The Chairpersons and members of the Boards of Special Inquiry
shall be appointed by the Commissioner, all of whom shall be natural-born citizens of the
Philippines and, at the time of their appointment, at least thirty (30) years of age, members of
the Philippine Bar in good standing, and engaged in the practice of law for at least three (3)
years, They shall hold office during good behavior, uniess sooner removed for cause.
SEC. 19. Powers and Functions of the Boards of Special Inquiry. - The Boards of
Special Inquiry shall
(a) Administer oaths;
(b) Cite and punish for contempt in accordance with the Rules of Court;
(©) 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 the following cases:
(1) Deportation;
(2) Applications for revocation of immigration status;
(3) Applications for recognition of Philippine citizenship by reason of birth or
marriage;
(4) Applications for legalization of residence in accordance with law’
(5) Application for issuance of visa for stateless person; and
(f) Perform such other duties and functions as may be directed by the Commissioner.
SEC. 20. Proceedings Before the Boards of Special Inquiry. — The proceedings
before the Boards of Special Inquiry shall be public and recorded. In all cases, the Boards of
Special Inquiry shall meet and act as a collegial body. Only members of the Philippine Bar in
good standing shall appear for and in behalf of any party before the Boards of Special Inquiry.
SEC. 21. Resolutions of the Boards of Special Inquiry. — Cases before the Boards of
Special Inquiry shall be resolved within five (5) working days from the date the same are

submitted for resolution. Said resolution shall be submitted immediately to the Board for action


CHAPTER 7
DIVISIONS OF THE COMMISSION

SEC. 22. Divisions and Other Operating Offices of the Commission. — The
Commission shall have the following divisions and other operating offices, namely: (1)
‘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; (11) Immigration Regulation; (12)
Registration; (13) Visa and Special Permit; (14) Complaint and Prosecution; (15) Internal Audit
Office; (16) National Operations Center; and (17) Immigration Academy of the Philippines.

SEC. 23. Heads of the Divisions and Other Operating Offices. — Each Division and
other operating offices shall be headed by a Director to be appointed by the Secretary, upon
recommendation of the Commissioner: Provided, however, That Directors for the Division for
Legal and the Division for Complaint and Prosecution shall be members of the Philippine Bar in
good standing, and must have been engaged in the practice of law for at least three (3) years
The Director for Finance Division shall be a Certified Public Accountant in good standing for at
least three (3) years

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

pertinent budget and civil service laws, rules and regulations.

CHAPTER 8
REGIONAL OFFICES

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

The Regional Immigration Offices of the Commission shall each be headed by a
Regional Immigration Officer, all of whom shall be appointed by the Secretary upon the
recommendation of the Commissioner.

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


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

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

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

(b) Exclude foreign nationals not properly documented, and to admit foreign nationals
complying with the applicable provisions of immigration and related laws;

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

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

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

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

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

SEC. 30. Deployment of Immigration Personnel Abroad. - Within ninety (90) days from
the effectivity of this Act, the Department of Foreign Affairs and the Commission shall enter into
@ Memorandum of Agreement pertinent to the assignment and deployment of immigration
personnel to select consular posts abroad who shall perform immigration duties, except
diplomatic and consular functions.

SEC. 31. Manning Levels - On the average, the manning levels of immigration officers of

the Commission nationwide shall be in accordance with the number of arrivals in each port of


entry as determined by the Board: Provided, That the number of employees, as provided in the
staffing pattem in accordance with Section 130 of the Act, shall not be decreased.
TITLE Ill
IMMIGRATION
CHAPTER 1 - NON-IMMIGRANTS

SEC. 32. Categories of Non-immigrants and Types of Visa Issued.- Foreign nationals
departing from any place outside the Philippines who are otherwise admissible and who qualify
under any one of the following categories may be admitted as non-immigrants:

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

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

2. Pleasure (A-2 visa): Temporary visitors who stay in the Philippines for holiday,

including sightseeing, recreation or visiting relatives; and

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 “stop
over” who have a confirmed connecting flight to another country or passengers in immediate
and continuous transit to a destination outside the Philippines;

(c) Crew members (C Visa): Members of the crew of vessels required for the normal
operation and servicing of 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:

Heads of the State and Heads of Government and their personal representatives:
Members of reigning royal families recognized by the Philippine Government:

¢. Governors-General, Governors, and High Commissioners of dependent territories

and their personal representatives

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

€. Presiding officers of national legislative bodies;

f, Justices or judges of the highest national judicial bodies;

9. Diplomats and career consular officials;

h. Diplomatic couriers regularly and professionally employed as such;

Military, naval, air and other attaches assigned to a diplomatic mission;
All members of official special missions of a diplomatic character;

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

|. Representatives of international organizations who have diplomatic status and
bearing diplomatic passports issued by their governments;
m, Members of delegations proceeding to or from an international conference of an
official or diplomatic nature;

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

©. Such other officials 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
£2 Visa
3. Persons entitled to E-3 Visa: The E-3 Visa shall be issued to the members of the
household, the attendants, servants and employees of persons to whom E-1 and E-2
visas have been granted;

(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 a university/seminary, academy or
college accredited for such foreign students by the Commission on Higher Education in
collaboration with the Commission. Their collaboration shall include the monitoring of the status
of activities of such foreign students in the Philippines;

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

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

(i) Representatives of Intemational Organizations and Government Agencies (| Visa)
Officials, principal representatives and foreign workers of accredited international organizations
as well as missions, including their family members, staff and servants. The term ‘accredited
international organization” includes any public international organization in the activities of which
the Philippines participates pursuant to any treaty or under the authority of any act of the
Congress of the Philippines authorizing such participation or making an appropriation for such
participation and such other intemational 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, satelite, television, film, or other information media, and are coming to the Philippines
solely to engage in gathering information principally for dissemination abroad, including their
family members accompanying or following to join them during the period of the assignment in
the Philippines;

(k) Exchange Visitors (K Visa): Foreign nationals entering the Philippines to teach,
study, observe, conduct research or receive training in a specific Exchange Visitor Program duly
approved by the Philippine Government,

(I) Refugees (L-1 Visa) and Stateless Persons (1-2 Visa): Refugees as defined in
Section 3 (z) hereof shall be issued L-1 Visa. Stateless persons, whose admission for
humanitarian reasons and not inimical to public interest has been approved by the
Commissioner or the President in such cases and under such conditions as he may prescribe,
shall be issued L-2 Visa; and

(m) Special Non-Immigrants (M Visas): Such other foreign nationals including their
family members who may be admitted as non-immigrants under special laws or foreign
nationals not otherwise provided for by this Act who are coming for temporary periods only, and
whose admission is authorized by the Commissioner or the President in the interest of the
public or for humanitarian considerations and under such conditions as he may prescribe.

SEC 32-A. Visa Policy. - The policies governing the issuance, extension, renewal and
conversion of visas referred to in Section 32 hereof shall be jointly formulated by the
Commission and the Department of Foreign Affairs (DFA) and, when appropriate, the
Commission and the DFA shall consult with the concerned government agencies or offices
relative thereto.

Any visa policy or guidelines to be implemented abroad shall be done by the DFA,
with due notice to the Commission and other concemed agencies and/or offices.

SEC. 32-B. Visa Issuance Overseas. - All non-immigrant visas issued outside of the
Philippines shall be done by Consular Officers of the DFA duly assigned at Philippines posts
abroad. Immigrant visas, whenever issued abroad, shall be done by the Consular Officers upon
the approval of the Commission through the DFA.

CHAPTER 2
IMMIGRANTS

SEC. 33. Quota Immigrants. — Subject to conditions set forth in this Act, there may be

admitted into the Philippines, immigrants, otherwise known as “quota immigrants’, not to exceed

two hundred (200) of any one nationality based on immigration reciprocity for any one calendar


year and upon allotment by the Commissioner of the corresponding quota number. In the
allotment of quota numbers, the following order of preference shall be observed

(a) First Preference: Those whose service and qualifications show high educational
attainment, technical training, specialized experience, or exceptional ability in the sciences, arts
professions, or business as would reasonably enhance and contribute substantial benefits
prospectively to the national economy, or cultural or educational interests or welfare of the
Philippines, including their family members, accompanying or following to join them, who shall
likewise be allotted individual quota numbers;

(b) Second Preference: Parents of a naturalized Philippine citizen

(©) 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 34. Allotment of Quota. — The Commissioner shall, with respect to the first
preference, allot not more than fifty percent (50%) of the annual quota allotment up to the end of
June each year: Provided, however, That if the fifty percent (50%) is not utilized by the first
preference, the balance thereof shall be given to the second, third, and fourth preferences in
accordance with Section 33 of this Act. Any unused quota allotment for a calendar year cannot
be carried over and utilized for the ensuing calendar year.

SEC. 35. Basis in Determination of Quota Allotment. — The nationality of an immigrant
whose admission is subject to the numerical limitation imposed by Section 33 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.

SEC, 36. Non-Quota Immigrants. — The following immigrants, known as “non-quota
immigrants”, may be admitted without regard to numerical limitation and immigration reciprocity:

(a) The spouse of a Philippine citizen: Provided, however, That the abandonment and
failure to give support by the 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 @ foreign mother during her temporary visit abroad, the mother being
a lawful permanent resident of the Philippines, if accompanied by or coming to join the mother
who applies for admission within five (5) years from the birth of the child;

(d) A child born subsequent to the issuance of 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. 37. Status of Children Born to Foreign Nationals. — (a) A child born in the
Philippines to parents who are foreign nationals and lawful residents of the Philippines shall be
deemed a native-born permanent resident. (b) A child born to parents who are both non-
immigrants shall be deemed a native-born non-immigrant or temporary resident and may
remain in the Philippines only during the period of authorized stay of the parents, unless he/she
reaches the age of eighteen (18) years while continuously residing in the Philippines, in which
case he/she may apply for naturalization under existing laws or for an appropriate visa

CHAPTER 3
ADJUSTMENT OF STATUS

SEC. 38. Conditions for Adjustment of Status of Foreign Nationals. — The status of
a foreign national admitted into the Philippines as non-immigrant may be adjusted by the Board

to that of a foreigner lawfully admitted as @ permanent resident if: (a) the foreigner makes an
application for such adjustment; (b) the foreigner is eligible to receive a quota or non-quota
immigrant visa and is admissible to the Philippines as a permanent resident: and (c) a quota
immigrant visa, if such is the case, is immediately available to him/her at the time of his/her
application, without the need of first departing from the Philippines. In all such cases, the
personal appearance of the foreigner shall be required during the consideration of his/her
application.

SEC. 39. Effect of Approval on Application for Adjustment. — Upon the approval of an
application for adjustment of status under the preceding section, the Commissioner shall record
the foreign national’s lawful admission as a permanent resident as of the date of the approval of
the application and shall be included as part of the quota for the calendar year in accordance

with Section 33 of this Act.


SEC. 40. Adjustment of Status, When Not Allowed. — Adjustment of status under
Section 33 of this Act shall not be applicable to (a) a foreign crewman, (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. 41. Documentary Requirements of Non-immigrants. — Non-immigrants must
present for admission into the Philippines valid passports issued by the governments of the
countries to which they owe allegiance to or other travel documents showing their nationality
and identity as prescribed by regulations and a valid visa granted by the Philippine Consular
Officer, if required under existing laws, rules, regulations, or multi-lateral or bilateral
agreements.

SEC. 42. Conditions and Period of Authorized Stay of Temporary Visitors. — The
initial period of authorized stay of a foreign national admitted as a temporary visitor under
Section 32 of this Act shall not exceed two (2) months from the date of arrival, Extensions of
authorized stay may be granted under terms and conditions as may be prescribed by the
Commissioner: Provided, That the total period of authorized stay shall not exceed twenty-four
(24) months: Provided further, That during the foreign national's authorized stay: (a) he/she
shall not take any employment, whether paid or unpaid; (b) he/she shall not establish or join in
any business; or (c) he/she shall not enroll and become a student at a school, college
university, academy, or other educational institution, unless he/she is granted, upon proper
application, a conversion to another immigration status provided under this Act.

SEC. 43. Conditions for Issuance of Pre-arranged Visas. — A foreigner who is coming
to the Philippines for prearranged employment shall not be issued a non-immigrant visa referred
to in Section 32 (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. 44. Submission of Crew List and Passenger Manifest to the Commission. —
Simultaneous to the vessel's departure from the port of origin, the master, captain, agent, owner
it to the
Commission, within a reasonable time prior to such arrival, the crew lists, passenger manifests

‘or consignee of any commercial vessel arriving to the Philippines shall submi

and such other information concerning the persons arri

ing on such @ vessel, In the same
manner and condition, the master, captain, agent, owner or consignee of any commercial vessel
departing from any port in the Philippines shall submit to 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. 45. Inspection of Crewmembers. - It shall be the duty of the master, captain,
agent, owner or consignee of any vessel arriving in the Philippines to have available on board
for inspection by the Immigration Officer, any foreign crewmember employed on such vessel
and to detain such crewmember on board after inspection and to remove such crewmember
when required by the immigration authorities. No crewmember on board such vessel shall be
discharged while the vessel is in port without the permission of the Commissioner.

SEC. 46, Permission for Temporary Landing of a Foreign Crewmember. — A foreign
crewmember on a vessel arriving in the Philippines may be permitted to land temporarily under
such conditions as may be prescribed by the Commissioner. All expenses incurred by the
Commission while the crewmember is on land shall be bore by the master, captain, agent,
‘owner or consignee of the carrying vessel.

CHAPTER 5
REFUGEE STATUS

SEC. 47. Grant of Refugee Status. — Persons seeking refugee status may apply for
recognition as a refugee upon seeking admission at any port of entry or within a reasonable
time thereafter. Refugee status shall be granted by the Secretary of Justice after it is
determined that an applicant meets the qualifications of @ 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

() has been guilty of an act contrary to the purposes and principles of the United

Nations.


20

SEC. 48. Cessation of Refugee Status. — Refugee status granted under the previous
section shall cease if a refugee’

(a) Voluntarily repatriates himselfinerself or has re-established himselfiherseif 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 avail the protection of the country of his/her
nationality or, not having a nationality, is able to return to the country of former habitual
residence in view of the cessation of the reasons that resulted to his/her being a refugee’
Provided, That this ground shall not apply if a refugee is able to invoke compelling reasons
arising out of the previous persecution

SEC. 49. Effect of Grant of Refugee Status to Refugee Dependents. - A spouse,
minor child, and other dependents of a foreigner who is granted a refugee status may, if not

otherwise eligible under Section 47, be granted the same status as the refugee to assure family
unity or when it is in the public interest.

SEC. 50. Confidentiality of Information. — In proceedings for the recognition of refugee
status, the confidentiality of information shall be respected and no information relating to the
refugee shall be shared with the country of origin, directly or indirectly.

SEC. 51. Burden of Proof. - In proceedings for the recognition of refugee status, the
burden of proof lies with the applicant, subject to the principle of non-refoulement.

SEC. 52. Stay of Exclusion or Deportation. — Notwithstanding the provisions of Sections
77 and 85, 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 77 are present,
tne refugee shall be allowed entry and the application shall be immediately referred by the
Immigration Officer to the Board.

SEC. 53. Detention of Refugee. — Detention of applicants for refugee status shall only
be resorted to in cases arising out of illegal entry or unauthorized stay after consideration of
other alternatives, as may be determined by the Commissioner.

CHAPTER 6
DOCUMENTATION AND ADMISSION OF IMMIGRANTS
SEC. 54. Documentary Requirements of immigrants; Instances When Not
Required, — immigrants must present for admission into the Philippines valid passports or
travel documents issued by the government of the country to which they owe allegiance,
showing their nationality and identity and valid visas issued by the Consular Officer indicating
the date of issue and the period of validity thereof. Immigrant visas shall not be required of the

following


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

(b) A child bom during the temporary visit abroad of the mother who is 2 lawiul
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

(0) A foreigner who is retuming to an unrelinguished lawful permanent residence in the
Philippines after a temporary residence abroad and presents for admission a valid reentry
permit

Chapter 7
VISA ISSUANCE

SEC. 55. Nature of Visa. — Nothing in this Act shall be construed to automatically
entitle any foreign national to whom a visa or other travel document has been issued to enter
the Philippines if, upon arrival at a port of entry, he/she is found to be inadmissible under this
Act or any other law.

SEC. 56. Requirement of Issuance of Visa. — Under the conditions and subject to the
limitations prescribed in this Act or regulations issued hereunder, the Commissioner may
approve the issuance of an immigrant visa upon the recommendation of a Consular Officer in
the following manner.

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

(b) The Department of Foreign Affairs, through its Consular Office abroad and through
the Office of the Visa Director, shall approve the issuance of a non-immigrant visa to a foreign
national who has made a proper application therefor in accordance with Section 32 of this Act

All diplomatic visas under Section 32 (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 32 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 concemed

SEC. 57. Requirements for Physical and/or Mental Examination Prior to Issuance
of Immigrant Visa. — Prior to the issuance of an immigrant visa to any foreign national, the
Consular Officer shall require such person to submit to a physical and mental examination in
accordance with such regulations as may be prescribed by the Commissioner. In addition, said
foreign national shall be required to personally plant fifty (50) trees, except when he/she is
physically incapable of doing so, in which case, he/she may cause another person to plant the
trees.

SEC. 58. Validity of Visa. — A non-immigrant or immigrant visa issued by a Consular
Officer abroad pursuant to Section 56 of this Act shall be valid for a period not exceeding six (6)
months, In prescribing the period of validity of a non-immigrant visa, the Consular Officer shall,
insofar as practicable, accord to such nationals the same treatment on a reciprocal basis as
such foreign country accords to citizens of the Philippines who are within a similar class. An
immigrant visa may be replaced under the original number during the calendar year in which the
original visa was issued for a foreigner who establishes to the satisfaction of the Consular
Officer that he/she was unable to use the original immigrant visa during the period of its validity
for reasons beyond his/her control: Provided, That the foreign national is found by the Consular
Officer to be eligible for another immigrant visa and has paid all the fees.

SEC. 59. Denial of Visa, Grounds Thereof — The Consular Officer may deny the
application for visa (a) if it appears from the statements in the application or in the documents
submitted the applicant is not entitled to a visa under this Act; or (b) if he/she fails to comply with
the requirements of the provisions of this Act.

SEC. 60. Revocation of Visa Issued by Consular Officer. — The Commissioner may,
for valid cause and upon confirmation of the Secretary of Foreign Affairs, revoke the visa issued
by any Philippine Consular Office. If the notice of revocation is not received and the visa holder
applies for admission into the Philippines, his/her admission or entry shall be determined by the
Immigration Officer upon his/her arrival at the port of entry.

CHAPTER 8
RE-ENTRY AND EMIGRATION CLEARANCE

SEC. 61. 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 retum prior to its expiration and pay the prescribed fees and charges
therefor: Provided further. That if hisfher authorized stay is less than one (1) year. he/she shall
pay @ special return fee, emigration clearance fee and head fee for every departure: Provided,
finally, That in both cases. if the registered foreign national departs permanently from the
Philippines, he/she shall surrender all his/her Philippine immigration documents to the
Commission and apply for and be issiied 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 heishe is called upon to testify as a
witness,

SEC. 62. Emigration Clearance. — Any temporary visitor departing from the Philippines
shall, after the expiration of his/her initial authorized stay, apply for emigration clearance with
the Commission and pay the prescribed fees and charges therefor.

CHAPTER 9
PRESIDENTIAL PREROGATIVES

SEC. 63. Presidential Prerogatives. — Any provision of this Act to the contrary
notwithstanding, the President may:

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

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

(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;

(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 nationais 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. 64. Authority to Classify Ports. - The Commissioner shall classify and designate
from among the ports of entry established by law for immigration purposes, limited or unlimited
ports of entry through which foreigners may be admitted into the Philippines, Only such classes
of foreigners as provided under the rules and regulations prescribed by the Commissioner may
be admitted at limited ports of entry. The Commissioner may, after due notice to the public,
close designated ports of entry in the interest of national security or public safety.
CHAPTER 2
PROCEDURES ON ARRIVAL
SEC. 65. Inspection by Immigration Officer. — A foreigner seeking admission or
readmission shall present his/her valid passport and visa, if required, to the immigration officer
at the port of entry and shall be subject to primary inspection. The decision of the examining
Immigration Officer, if favorable to the admission of any foreigner, may be challenged by
another Immigration Officer. The final determination of admissibility of such foreigner shall be
determined by the Commissioner in case no resolution is reached between the Immigration
Officers on the challenged admission. In case of admission, the Immigration Officer shall
indicate in the passport the date, the port of entry and the identity of the vessel boarded
SEC. 66. Detention or Quarantine for Examination. — For the purpose of determining
whether a foreigner arriving at any port in the Philippines belongs to any of the classes
excludable under this Act by reason of being afflicted with any of the contagious or
communicable disease or mental disorder set forth under Section 77(a) of this Act or whenever
the Commissioner has received information showing that foreigners are coming from a country
or a place where any of such diseases are prevalent or widespread, the foreigner shall be
detained or quarantined for a reasonable period of time to enable the immigration and medical
officers to subject such person to observation and examination.
SEC. 67. Medical Examination Requirement. - Any arriving foreign national whom the
examining Immigration Officer believes to belong under the class of excludable foreign nationals

specified in Section 77(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. 68. Arrival Notice Requirements of Vessel. ~ The immigration authorities shall
be given prior notice of the arrival of any civilian vessel before such vessel comes into any area
in the Philippines from any place outside thereof. Such prior notice shall not be required in the
case of vessels with scheduled arrivals filed with the Immigration Officer in charge at the
international port of entry

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

SEC. 69. Contents of Notice of Arrival. — The advance notice of arrival required in the
preceding section shall specify the following

(a) Type of vessel and registration marks

(b) Visaed crewiist;

(c) Passenger manifest

(d) Port of last departure;

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

(f) Estimated time of arrival; and

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

CHAPTER 3
FOREIGN CREWMEMBER

SEC. 70. Conditional Permit to Disembark. — A foreign crewmember of a vessel
under Section 32(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. 71. Confiscation and Cancellation of Permit; Deportation from the
Philippines. — Upon the determination that the foreigner is not a bona fide crewmember or
does not intend to depart on the vessel that brought him, the Commissioner shall cancel and
confiscate the conditional permit already issued, take such foreigner into custody, and require
the owner, operator, captain, master, pilot, agent or consignee of the vessel on which the
foreigner arrived to receive and detain him/her on board. The expenses for his/her removal,
including the cost of detention and other expenses incidental thereto, shall be borne by the

owner, operator, captain, master. pilot. agent or consignee of such vessel


26

SEC. 72. Liability for Overstaying Foreign Crewmen. — A foreign crewmember who
remains in the Philippines in excess of the period allowed in the conditional permit issued to him
shall be solidarily liable with the owner, operator, captain, master, pilot, agent or consignee of
the vessel to pay the penalties prescribed in Section 125 of this Act.

SEC. 73. Liability for Unauthorized Discharge of Foreign Crewmember. — It shall
be unlawful for any person, including the owner, operator, captain, master, pilot, agent or
consignee of any vessel to discharge any foreign crewmember employed by a vessel arriving in
the Philippines and whilst in port, without first obtaining the prior permission of the
Commissioner. Otherwise, such person or owner, operator, captain, master, pilot, agent or
consignee of the vessel shall pay the Commission such fines as may be prescribed under this
Act. No such vessel shall be granted clearance from any port in the Philippines while such fines
remain unpaid or while the validity thereof is being determined: Provided, That a clearance may
be granted prior to such determination upon deposit of a sum or cash bond sufficient to cover
such fines as approved by the Commissioner.

SEC. 74. Duty to Report Desertion or illegal Landing of Foreign Crewmember. —
The owner, operator, captain, master, pilot, agent or consignee of any vessel shall immediately
report, in writing, to the immigration Officer all cases of desertion or illegal disembarkation in the
Philippines from the vessel, together with a description of such foreigners and any information
that shall result in their apprehension

SEC. 75. Requirement for Submission of List of Newly Employed, Discharged and
Mlegally Landed Foreign Crewmember. — Prior to the departure of any vessel from the last
port in the Philippines destined to any place outside thereof, the owner, operator, captain,
master, pilot, agent or consignee thereof shall deliver to the Immigration Officer at that port a list
containing: (a) the names of crewmembers who were not employed thereon at the time of the
vessel's arrival on such port but will depart thereat on the same vessel; (b) the names of those,
if any, who have been discharged; (c) the name of those who have deserted or illegally landed
at that port, if any; and (d) such other additional information as the Commissioner deems
necessary.

SEC. 76. Liability for Failure to Submit Complete, True and Correct Report. — In
case the owner, operator, captain, master, pilot, agent, or consignee, fails to submit a true and
complete list or report of foreigners, or to report cases of desertion or illegal landing, he/she
shall pay to the Commission such sum as may be prescribed under this Act. No such vessel
shall be granted clearance from any port in the Philippines while such fines remain unpaid or
while the validity thereof is being determined: Provided, that clearance may be granted prior to


such determination upon deposit of a sum or cash bond sufficient to cover such fines as
approved by the Commissioner.

CHAPTER 4
EXCLUSIONS

SEC. 77. Exclusion Grounds. - The following classes of foreign nationals shall not be

allowed entry and shall be excluded from the Philippines:

(a)

(b)

(d)

Health Related Grounds

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

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

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

Economic Grounds

Those likely to become a public charge

. Those seeking entry for the purpose of performing skilled or unskilled labor,

without a permit from the Secretary of the Department of Labor and Employment
as required by law;

Moral Grounds

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

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

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

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

Criminal and Security Grounds

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

Those who have been convicted, or who admit having committed, or are
committing acts which constitute the elements of a violation or conspiracy to


violate any law or regulation of the Philippines or a foreign country relating to a
controlled, regulated or prohibited substance. or who attempt or conspire to
commit the crime:

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;

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;
Those who have been identified by competent authorities, local or foreign, as having

engaged or are engaging in human trafficking and smuggling
8. Those who are under fifteen (15) years of age and unaccompanied by or not coming
to a parent, except that they may be admitted in the discretion of the Commissioner,
if otherwise admissible; and
9. Those who have been identified by competent authorities, local and foreign, as
having engaged or are engaging in importation of contrabands and other prohibited
articles into the country.
SEC. 77-A. Minor Persons/ Minority. — Persons under fifteen (15) years of age, having
a Filipino parent, and not accompanied by or not coming to a parent, may be admitted
Provided, That the written consent of either parent allowing them to travel is presented, The
written consent must cite the purpose of the travel and must be affirmed by the Philippine
Consular post in the minor's country of origin.
SEC. 78. Temporary Detention of Excludable Foreigners. — For the purpose of

ascertaining whether a foreigner arriving in the Philippines belongs to any of the excludable


classes of foreigners provided for in this Act or related laws. the Immigration Officer. for e 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. 79. Finality of Exclusion Order. — An order by the Immigration Officer to exclude
a foreign national who is excludable under Section 77 hereof is final and executory unless
revoked by the Commissioner upon a timely appeal prior to the implementation of the exclusion
order.

SEC. 80. Authority to Waive Grounds for Exclusion. — Except for grounds of
exclusion under Section 77(d), subparagraphs 1 to 8 and subparagraph 9, the Commissioner
may waive any of the grounds for exclusion mentioned therein

SEC. 81. Procedure of Removal and Cost Thereof. - Any foreign national arriving in
the Philippines who is ordered excluded shall be immediately removed in the same
accommodation to the country where he/she boarded the vessel on which he/she arrived
unless the Commissioner determines that immediate removal is not proper 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. 82. Country Where Removal is to be Directed. — if the government of the
country designated in the preceding section will not accept the foreign national into its territory
his her removal shall be directed by the Commissioner in his/her discretion and without
necessarily giving preference, either to:

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

(b) The country of birth;

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

(d) The country willing to accept the foreign national into its territory, if removal to any of
the foregoing countries is impractical or impossible

SEC. 83. Obligation of Owner, Operator, Master, Captain, Pilot, Agent or
Consignee. — It shall be unlawful for an owner, operator, master, captain, pilot, agent, or
consignee of a vessel to refuse or fail to:

(a) Board a foreigner ordered excluded and removed under Section 77 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 to which 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 81 of this Act or other costs necessary or
incidental to his removal as provided in this Act.

SEC. 84. Penalty for Non-compliance of Obligation. — The owner, operator, master,
captain, pilot, agent, or consignee of a vessel who violated Section 83 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

SEC. 85. Classes of Deportable Foreigners. - The following foreigners shall be

arrested upon the order of the Commissioner and deported upon recommendation by the Board
of Special Inquiry and approval by the Board:

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

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

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

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

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

(f) Those who believe in, advise, advocate or teach the overthrowing by force and
violence of the Government of the Republic of the Philippines, or duly constituted authority, or
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
Philippine penal laws cognizable by the Regional Trial Courts and the Sandiganbayan;

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

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

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

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

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

(0) Those who, upon prior investigation and hearing, are found to be undesirable and
whose further stay in the Philippines is inimical to public welfare and interest, or the dignity of
the Filipinos, or the Republic of the Philippines as a sovereign nation:

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

(@) Those whose presence or activities in the country may result in adverse
‘consequences to Philippine foreign policies as determined by the Secretary of Foreign Affairs

SEC. 86. Non-Prescription of Deportation Cases. ~ The right of the State to initiate at
any time deportation proceedings shall not prescribe: Provided, That no deportation
proceedings and orders shall be had against foreigners facing preliminary investigation,

prosecution and trial before competent authorities.


CHAPTER 2
DETENTION AND DEPORTATION OF FOREIGN NATIONALS.

SEC. 87. Issuance of Summons. ~ If the Commissioner determines that there exists a
reasonable ground to deport a foreigner pursuant to Section 85 of this Act, he/she may issue
summons requiring the foreigner to appear in person before the designated investigating officer
at the time, date and place stated therein

SEC. 88. Authority to Issue Letter Order. — The Commissioner may issue a letter
order if he/she determines that a probable cause exists for the filing of deportation charges
against a foreigner for violation of immigration and other related laws, rules and regulations or
there is a strong probability that a deportable foreigner may flee from his/her place of abode, go
into hiding or surreptitiously leave the country.

SEC. 89. Formal Charge of Deportation. - A formal charge for deportation shall be
issued upon determination of the existence of a prima facie case against the foreigner. Pending
final determination of his/her deportation case, the foreigner shall, upon the discretion of the
Commissioner: (a) remain under detention; or (b) be released on bail or recognizance. The bail
may be revoked and confiscated in favor of the government if there is sufficient evidence that
the foreigner is evading the proceedings or is attempting to abscond, in which case he/she shall
be taken into custody and placed under detention by order of the Commissioner.

SEC. 90. Detention of a Foreigner Convicted of a Felony or an Offense. — After
service of his/her sentence or compliance with the conditions of his/her parole or probation, as
the case may be, the foreigner shall be taken into custody and placed under detention by order
of the Commissioner. Pending final determination of the deportation case, the foreigner may be
ordered released under such terms and conditions prescribed by the Commissioner.

SEC. 91. 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
cwn expense, the Commissioner may waive the deportation proceedings and order the
departure within the period specified in the voluntary deportation order, except in cases of
violations of laws such as Republic Act No. 8042 otherwise known as the “Migrant Workers and
Overseas Filipinos Act of 1995": Provided, That he/she has not committed any criminal offense
or has no pending case in court: Provided, further, That the said foreigner so deported shall be
barred from re-entering the country without prior written authorization from the Commissioner.

SEC. 92. Contents of an Order or Warrant of Deportation. - The order or warrant of
deportation shall be in the form prescribed by the Commissioner and shall state the grounds
therefor, the specific place where the foreigner is to be deported and the period within which to

execute such order,


SEC. 93. Period to Enforce Order of Deportation. — The order of deportation shall be
enforced immediately but in no case shall exceed three (3) months from the date it has become
final and executory. If deportation is not enforced within the prescribed period for reasons
beyond the control of the Commissioner, the foreigner shall remain in custody

SEC. 94. Suspension of Deportation Order. ~ Upon application and payment of the
prescribed fees by the concerned foreigner, the Commissioner may suspend the
implementation of the deportation order and order his/her release for good cause, taking into
account the following factors:

(a) Age, health, family or conduct

(b) Period of detention:

(c) Impact on national security and public welfare;

(d) Unavailabilty of travel documents

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

(f) Other humanitarian considerations.

SEC. 95. Reinstatement of a Deportation Order - A deportation order previously
implemented against a foreigner who unlawfully re-entered the Philippines shall be deemed
automatically reinstated and shall be implemented in accordance with this Act. This provision
shall also apply to a foreigner who departed voluntarily under Section 91 hereof,

SEC. 96. Country of Destination of a Deportee. - Except as provided for under
existing treaty or international agreement, a foreigner shall be deported to the country of which
he/she is a citizen or national, or to the country of his/her birth, or to the country of which he/she
is @ resident, or to the country from which he/she embarked for the Philippines, subject to the
acceptance by the receiving country,

SEC. 97. Existence of Danger in the Country Where a Foreigner is to be Deported.
= No foreigner shall be deported to a country where there exists a danger to his/her life or
freedom on account of race, religion, nationality, political opinion or membership in a particular
political or social group, except in the following circumstances:

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

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

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

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


SEC. 98. Cost of Deportation. — The cost of deporiation shall be borne by the owner,
operator, captain, master, pilot, agent or consignee of a vessel in case its foreign crewmember
is to be deported for violation of Section 99 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. 99. Liability of Owner, Operator, Captain, Master, Pilot, Agent or Consignee of
a Vessel. — Failure or refusal on the part of the owner, operator, captain, master, pilot, agent or
consignee of a vessel to take on board, guard safely and transport the deportee to his/her
country of destination, or to shoulder the cost of deportation of the foreign crew member as
provided in Section 98 hereof, shall be punished by an administrative penalty prescribed under
this Act.

SEC. 100. Expenses of Accompanying Person. — The Commissioner may, by reason
of the mental or physical condition of the deportee, direct an employee of the Commission to
accompany such deportee to the country of his/her destination, subject to the provisions of the
immediately preceding sections.

CHAPTER 3
INDIGENT FOREIGNERS

SEC. 101. Deportation of Indigent Foreigners. — At any time after entry, the
Commissioner may deport indigent foreigners from the Philippines to the country of which they
are citizens or nationals, or country of birth, or country of residence, as the case may be. The
cost of deportation may be charged against the available funds of the Commission. Any
foreigner deported under this section shall be barred re-admission except upon written
authorization of the Commissioner.

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

TITLE VI
MISCELLANEOUS PROVISIONS
CHAPTER 4
REGISTRATION OF FOREIGN NATIONALS

SEC. 102. Requirement of Registration. — A temporary foreign visitor must register
with the Commission or any Immigration Office nearest his/her place of residence on or before

the sixtieth (60") day of his/her arrival in the Philippines.


SEC. 103. Registration Form and Oath. — Applications for registration shall be under
oath and in such form as prescribed by the Commission. Upon registration, a certificate of
registration shall be issued by the Commission to the registrant. In case of loss or destruction of
the certificate, a replacement thereof may be issued by the Commission upon proper application
and payment of prescribed fees.

SEC. 104. Amendment of Registration. — A registered foreign national shall notify the
Commission in writing of any change of information in his/her registration documents not later
than seven (7) days thereof

SEC. 105. Presentation of Certificate of Registration. — Every foreigner required to
register under this Act or the parent or guardian of such foreigner shall, upon demand of any
authorized immigration official, present his/her certificate of registration, and failure to do so
without justifiable cause shall be dealt with in accordance with the provisions of this Act.

SEC. 106. Reportorial Requirements. — Every foreigner registered under this Act
shall, within the first sixty (60) days of every calendar year, report in person to the Commission
subject to the payment of prescribed fees. The parent or legal guardian of foreigners below
fourteen (14) years of age shall have the duty to comply with the requirements prescribed under
this Act.

SEC. 107. Failure to Comply with Requirements. — A foreigner, or his/her parent or
guardian, as the case may be, who, without justifiable reason, fails to comply with all the
requirements under this Act, or who files an application for registration containing statements
known by him/her to be false, or who utilizes registration documents other than his/her own,
shall be dealt with in accordance with the provisions of this Act and other existing laws

SEC. 108. Cancellation of Registration of Foreign National. — in case of death of a
foreigner registered under the provisions of this Act, his/her legal heir, representative or
administrator must inform the Commission within sixty (60) days from death and the
Commission shall cancel such registration. The Local Civil Registrar or other civil registry officer
of the locality where said foreigner died shall furnish the Commission with a copy of the
Certificate of Death within thirty (30) days from issuance thereof. Failure on the part of the
persons concerned to comply with the requirements of this section shall be dealt with pursuant
to the provisions of this Act

CHAPTER 2
BONDS AND DEPOSITS.
SEC. 109. Bonds, When Required. — The Commission shall have the authority to

require cash bonds in such amounts and under such conditions as it may prescribe:


(a) Te 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.

SEC. 110. Requirement of Cash Deposits for Overtime Services. — The Commission
shall likewise have the authority to require cash deposits in such amounts as may be necessary
from vessel's owner, operator, captain, master. pilot, agent, or consignee or other persons
served to cover payments for overtime services to be performed by officers and employees of
the Commission

SEC. 111. Cancellation and Forfeiture of Bonds. - When the conditions of the bond
are fulfilled, or in case of a bond posted to insure against a foreigner becoming a public charge,
when the Commissioner decides that the likelihood no longer exists, or death of the foreigner in
whose behalf the bond is posted, the bond shall be cancelled and 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
deporte who jumps bail

CHAPTER 3
RECOGNIZANCE

SEC. 112. Petitions for Recognizance, Sanction for Breach of Conditions. —
The Commissioner may order the release of a foreigner upon recognizance of his/her lawyer or
a person who is of good standing in the community, under such terms and conditions as he/she
may prescribe Failure to comply with the terms and conditions of the recognizance shall
subject said lawyer or person to a fine of not less than Fifty thousand pesos (P50,000.00) but
not more than One hundred thousand pesos (P100,000.00), without prejudice to other
administrative sanctions and/or proceedings against the erring party.

CHAPTER 4
COOPERATION AND COORDINATION WITH OTHER OFFICES

SEC. 113. Working Cooperation with the Department of Foreign Affairs. ~ For
purposes of efficient implementation and administration of this Act, the Commission shall
maintain a working cooperation with the Department of Foreign Affairs

SEC. 114. Working Cooperation with the Commission on Higher Education. - The

Commission shall maintain a working cooperation with the Commission on Higher Education


with respect to accreditation of schools and learning centers for enrolment of foreign students as
authorized under this Act.

SEC. 115. Coordination with Law Enforcement, Security and Other Offices. — The
Commissioner shall have authority to maintain coordination with the National Security Council
the Philippine National Police, and other law enforcement agencies of the government

CHAPTER 5
FEES AND CHARGES

SEC. 116. Authority of the Commissioner to Prescribe, Impose and Collect Fees
and Charges. — The Commissioner is authorized to prescribe, impose and collect fees and
charges for services rendered pursuant to the provisions of this Act, which shall take effect
fifteen (15) days after the last publication thereof for two (2) consecutive weeks in a newspaper
of general circulation

SEC. 117. 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. 118. Fine for Failure to Submit Crew List or Passenger Manifest, or
Failure to Account Every Passenger and Crew. — Any pilot, master, agent, owner or
consignee of a vessel arriving at any port in the Philippines from a place outside thereof who
falls to submit to the immigration authorities a complete and accurate crew list or passenger
manifest, or fails to produce or account every crewmember or passenger whose name appears
in said list or manifest shall be subject to fines of One hundred thousand pesos (P100,000.00)
and Fifty thousand pesos (P50,000.00) for each unaccounted person, respectively.

SEC. 119. Fine for Violation of Obligation on the Landing or Removal of
Foreigners. — A pilot. master, agent, owner or consignee of any vessel arriving at a port of the
Philippines from a place outside thereof in violation of this Act shall be fined not less than Fifty
thousand pesos (P50,000.00) but not more than Two hundred thousand pesos (P200,000.00)
for each violation

SEC. 120. Fine for Bringing Undocumented Foreigner, or Foreigner Afflicted with
Communicable or Contagious Disease, or Suffering from Mental Disorder. — The pilot,
master, agent, owner or consignee of the vessel arriving at a port in the Philippines from a place
outside thereof bringing on board an undocumented foreigner shall be fined One hundred
thousand pesos (P100,000.00) for each foreigner. If the foreigner is afflicted with a
communicable or contagious disease or is suffering from mental disorder, the fine shall be not


less than Two hundred thousand pesos (P200,090.00) but not more than Three hundred
thousand pesos (P300,000.00)

SEC. 121. Fine for Bringing a Foreigner to Assist His Illegal Entry or
Misrepresenting a Foreigner as a Member of the Crew. — The pilot, master, agent, owner or
consignee of the vessel arriving at any port in the Philippines from a place outside thereof
bringing on board a foreigner bound for the Philippines to assist his/her illegal entry, or
misrepresenting the foreigner to the Immigration Officer at the port of arrival as a bona fide

each foreigner.

member of the crew, shall be fined not less than One hundred thousand pesos (P100,000.00)
but not more than Two hundred thousand pesos (P200,000.00) for each foreigner.

SEC. 122. Fine for Violation of Other Provisions of this Act. — The pilot, master,
agent, owner or consignee of any vessel arriving at any port of the Philippines from a place
outside thereof who violates any other provision of this Act not specifically provided in this
Chapter shall be fined not less than Fifty thousand pesos (P50,000.00) but not more than Two
hundred thousand pesos (P200,000.00) for each violation

CHAPTER 7
OTHER PENAL PROVISIONS

SEC. 123. Other Prohibited Acts and Penalties Thereof. - Any person who shall
commit any of the acts specified hereunder shall, upon conviction, suffer the penalty of prision
correccional in its maximum period to prision mayor in its minimum period or a fine of not less
than One hundred thousand pesos (P100,000,00) but not more than Five hundred thousand
pesos (P500,000,00) or both, at the discretion of the court:

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

for an immigration document;

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

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

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

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

()_ Knowingly makes under oath any false statement regarding any immigration matter,

or


(g) Brings into, or lands in the Philippines, or conceals, harbors, employs, or gives
comfort to any person not duly admitted by any Immigration Officer or not lawfully entitied to
enter into or resides within the Philippines, or attempts, conspires with, or aids another to commit
any such acts.

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

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

SEC. 124. Penalty for Non-compliance of Subpoena. — Any person who, having been
duly served with a subpoena, fails to comply without valid and justifiable reasons shall, upon
conviction, suffer the penalty of imprisonment of not more than fifteen (15) days or a fine of not
more than One thousand pesos (P1,000.00), or both, at the discretion of the court.

SEC, 125, Penalty for an Overstaying Crewmember. — Any foreign crewmember who
wilfully remains in the Philippines beyond the period allowed him/her for temporary landing shall,
upon conviction, suffer the penalty of imprisonment of six (6) months or fine of not less than Fifty
thousand pesos (P50,000.00) but not more than One hundred thousand pesos (P100,000,00),
or both, at the discretion of the court

SEC. 126. Imposition of Maximum Penalty, When Applicable. ~ A person convicted
under Republic Act No, 3019, as amended, otherwise known as the “Anti-Graft and Corrupt
Practices Act’, or other laws against corruption and bribery who shall violate or circumvent any
provisions of this Act shall, upon conviction, suffer the maximum penalty for such offense as
provided under this Act


CHAPTER 8
FUNDING

SEC. 127. Funding, — In addition to its annual budget under the General Appropriations
Act, the Commission is hereby authorized to retain and use thirty percent (30%) of its income
derived from collection of immigration fees, fines, penalties and charges for maintenance and
other operating expenses, intelligence and law enforcement, information and communication
technology infrastructure, transportation facilities and other capital outlay expenditures. The
Commission is likewise hereby authorized to retain and use its income in excess of the

prescribed collection target

CHAPTER 9
TRANSITORY PROVISIONS
SEC. 128. Interim Period. — The incumbent Commissioner and two Deputy

Commissioners, if qualified under this Act, shall continue to discharge the functions of their
position for a period of one (1) year from the date of the effectivity of this Act, unless otherwise
removed for cause, On the recommendation of the Commissioner, the Board shall have the
authority to reorganize, upgrade, or otherwise make adjustments in, the offices of the
Commission as required by the implementation of this Act’ Provided, That to the extent
possible, the incumbent chiefs of sections or divisions whose offices are thus affected may be
upgraded to positions of comparable rank in the reorganization; for the new division created
under this Act, the Commissioner shall designate the chi

fs thereof. All personnel of the Bureau
of Immigration shall continue to discharge the functions of their position.

SEC. 129. Staffing Pattern and Salary Schedule. — To carry out the provisions of this
Act, the Commissioner shall submit a new staffing pattern and salary schedule for personnel
services to the Secretary of the Department of Budget and Management for approval, which
shall be in accordance with the Salary Standardization Law and other applicable laws under the
National Compensation and Classification Plan.

SEC. 130. Reorganization of the Commission. — Upon approval of this Act, all
employees of the Bureau of Immigration covered by the civil service law and regulations
shall continue to hold their present positions pending the reorganization of the
Commission in accordance with the new staffing 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, finally, That employees who have been dismissed for cause shall no longer qualify for

any position in the Commission


SEC. 131. Inventory and Transfer of Properties, Accounts, Assets, Liabilities and
Obligations to the Commission. — All buildings, properties, equipment, facilities, accounts,
other assets, liabilities and other obligations as well as records of the Bureau of Immigration
shall be properly inventoried and transferred to the Commission.

SEC. 132. Treaty or Agreement. — Any treaty or agreement entered into between the
Philippines and any foreign state before the effectivity of this Act shall remain in force and effect.

SEC. 133. Pending Cases. — Any prosecution, suit, action, proceeding, or any act or
matter, civil or criminal, pending at the time of the effectivity of this Act shall not be affected by
the provision of this Act unless otherwise applicable

CHAPTER 10
ADMINISTRATION AND IMPLEMENTATION

SEC. 134. Administration and Implementation Abroad. - The administration and
implementation of this Act abroad, including the rules and regulations as well as policies arising
from it shall be the responsibility of the Department of Foreign Affairs through Philippine
diplomatic and consular establishments

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

effectivity.
CHAPTER 11
FINAL PROVISIONS

SEC. 136. Separability Clause. — |f any of the provisions of this Act is held invalid or
unconstitutional the other provisions not affected thereby shall continue to be in force and effect,

SEC. 137. Repealing Clauses. — (a) Commonwealth Act No. 613, otherwise known as
the Philippine Immigration Act of 1940. as amended, is hereby repealed; (b) All laws,
presidential decrees, executive orders, proclamations, memorandum orders, instructions, rules
and regulations or parts thereof inconsistent with this Act are hereby amended or modified
accordingly.

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

Approved