Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS

First Regular Session

House Bill No. 127

Introduced by Hon. Juliet Marie de Leon Ferrer

EXPLANATORY NOTE

This bill has been filed since the Fourteenth Congress by then Representative Rufus B.
Rodriguez. When last filed in the seventeenth Congress, it was approved by the Committee on
Justice.

The Philippine Immigration Act of 1940 has undergone several amendments and revisions
in the past. Despite there, many of its provisions remain not to be responsive to the challenges of
the present time. The gaps in the law have been taken advantage by many foreign nationals in
the country in perpetrating organized crimes like illegal recruitment, prostitution, drug trafficking,
terrorism, and human smuggling. In view of the rising incidents of crimes involving foreign
nationals, it becomes imperative that the government adopts stricter rules and regulations to
protect the security, morals, and safety of our people and to eradicate, if not, prevent proliferation
of crimes involving foreign nationals. Towards these ends, the bill carries the following salient
features:

(1) Anew, streamlined and restructured Commission on Immigration and Naturalization which
shall be tasked to be a repository of all pertinent records of foreign nationals. There shall
be clear cut delineation of functions of various departments within the Commission's
supervision to prevent overlapping of functions. The Commission shall be headed by
Commissioners who are career officials with a fixed term of seven (7) years;

(2) The authority to act on applications for administrative naturalization shall be vested to the
proposed Commission on Immigration and Naturalization.

(3) The proposed law will provide for a more extensive list of ineligible classes of aliens;

(4) To attract foreign investments, the proposed law will include more more visa categories
and immigration privileges for foreign investors;

(5) There will be established guidelines in dealing with refugees, stateless persons and
asylees, consistent with the developments in international law; and

(6) Trafficking of persons will be addressed by imposing stiffer penalties.

In view of the foregoing, passage of this bill is earnestly sought.

JULIET MARIE DE LEON FERRER



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS

First Regular Session

House Bill No. 127

Introduced by Hon. Juliet Marie de Leon Ferrer

“AN ACT MODERNIZING THE BUREAU OF IMMIGRATION BY DEFINING ITS POWERS AND
FUNCTIONS, FURTHER PROFESSIONALIZING ITS ORGANIZATION, UPGRADING THE
COMPENSATION AND BENEFITS OF ITS OFFICIALS AND EMPLOYEES, AND APPROPRIATING
FUNDS THEREFOR”

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

TITLE!
GENERAL PROVISIONS
SEC. 1. Short Title. — This Act shall be known as the “Bureau of Immigration 5 Modernization Act”.

SEC. 2. Declaration of Policy. — In the conduct of its relations with other States, the Philippines
shall give paramount consideration to national sovereignty, territorial integrity, national security,
national interest, the right to self-determination, the enhancement of economic diplomacy, and
the protection of overseas Filipinos in destination countries as it adheres to the policy of peace,
cooperation, and amity with all nations. To this end, Philippine immigration policies, rules and
regulations under this Act shall be applied and administered as instruments for the promotion of
domestic and external interests of the Philippines, in recognition of:

(a) the necessity for encouraging and enhancing capital investments, trade and commerce,
cultural exchanges and other forms of friendly relations and cooperation;

(b) the need to support technological and scientific development in the country;
(c) the goal to promote the conditions for social welfare and economic security of the people;

(d) the fulfillment of obligations and compliance with standards set by international law in the
admission or exclusion of foreign nationals;


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

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

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

(a) Admission refers to the process by which a foreign national arriving at a port of entry in the
Philippines is allowed into the country whereby a status or entry category is granted by the
immigration authorities;

(b) Border Control Officer refers to any person authorized to man the Border Control Checkpoints
as provided in this Act;

(c) Captain refers to the master of a vessel or pilot of an aircraft;
(d) Child or children refers to a person or persons below eighteen (18) years of 50 age;

(e) Citizen refers to any person who is a citizen of the Philippines under Section 53 1, Article IV of
the Constitution of the Republic of the Philippines;

(f) Commissioner refers to the Commissioner of the Bureau of immigration;

(g) Commitment Order refers to an order issued by the Commissioner under this Act that directs
the taking into custody of a foreign national after it has been determined that probable cause
exists that the foreign national committed acts or omissions in violation of Philippine immigration
laws, rules and regulations, or during the pendency of deportation proceedings against such
foreign national: Provided, That such custody shall not exceed three (3) months, unless there
exists other legal grounds for continued custody;

(h) Consular Officer refers to any consular, diplomatic, or other officer of the Department of
Foreign Affairs (DFA) who has been duly granted a consular commission for the purpose of issuing
visas under this Act;

(i) Derogatory Information refers to details about persons and travel documents relating to
immigration consisting of the following:

(1) Blacklist Order refers to an order issued by the Commissioner that prevents a foreign
national from entering the territorial jurisdiction of the Philippines;

(2) Hold Departure Order refers to an order issued by the Commissioner preventing a
foreign national from leaving the territorial jurisdiction of the Philippines in cases where
bail or recognizance is granted pending implementation of a Deportation Order, or a
directive implementing an order issued by the appropriate court preventing a person
from leaving the territorial jurisdiction of the Philippines; and

(3) Monitor Order refers to an order issued by the Commissioner under this Act that
requires immigration personnel to monitor the travel of any person for a period of thirty
(30) days, and to notify the concerned government agencies of the Philippines;


(j) Entry refers to the arrival of a foreign national into any designated port of entry in the
Philippines from a place outside the Philippine territorial jurisdiction. A foreign national having a
lawful permanent residence in the Philippines shall not be regarded as making an entry for the
purpose of this Act if such foreign national proves that the departure to a place outside the
Philippines was for a temporary or limited period, or the continued absence from the Philippines
was occasioned by deportation proceedings, extradition, or any other legal process;

(k) Exclusion refers to the act of Immigration Officers denying admission of a foreign national into
the country on grounds provided in this Act;

(I) Foreign national or alien refers to any person who is not a citizen of the Philippines;

(m) Immigrant refers to any foreign national, other than a non-immigrant, granted resident status
in the Philippines under the provisions of this Act and other laws granting immigrant status;

(n) immigration laws refer to this Act and other laws presently existing or which may hereafter
be enacted relating to the movement of natural persons to and from the Philippines;

(o) immigration Officer refers to any person appointed under Title I!, Chapter 8 of this Act or any
employee designated by the Commissioner to perform the powers, duties and functions of an
Immigration Officer as specified under this Act;

(p) Non-immigrant refers to any foreign national who is allowed entry and admission into the
Philippines for a temporary or limited period of star

(q) Non-refoulement refers to a principle of international law which prohibits the forced or
involuntary return of refugees or those seeking asylum in the Philippines to a state or territory
where there are valid reasons to believe that the life or freedom of such refugee or asylum seeker
would be threatened on account of race, religion, nationality, membership in a particular social
group, or political opinion;

(r) Passport refers to a document issued by a government to its citizens requesting other
governments to allow such citizens to pass through or enter into a territory of other states safely
and freely, subject to pertinent rules and regulations;

(5) Person refers to a natural person or a juridical person such as partnerships, corporations,
companies, and associations;

{t) Port of entry refers to any port designated by the Commissioner through which a foreign
national may enter or exit the Philippines;

(u) Refugee refers to a person who, owing to a well-founded fear of being persecuted for reasons
of race, religion, nationality, membership in a particular social group, or political opinion, is
outside such person’s country of nationality, and is unable or, owing to such fear, unwilling to
avail of the protection of that country; or a person who, not having a nationality and being
outside such person's country of former habitual residence, is unable or, owing to such fear,
unwilling to return to it;

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


(w) Stateless person refers to a person who is not considered a national by any state under the
operation of its laws;

(x) Travel document refers to a certification or identifying document containing the description
and other personal circumstances of its bearer issued by a government to individuals for travel
purposes;

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

(2) Visa refers to an endorsement on a passport or any travel document issued by a Consular
Officer abroad authorizing the holder thereof to proceed to a designated port of entry in the
Philippines and there, to apply for entry and admission under the status specified therein; or an
endorsement on a passport or any travel document granted by the Commissioner or the Board
under this Act, or by any other person authorized by existing laws.

TITLE It
THE BUREAU OF IMMIGRATION
CHAPTER |
THE BUREAU

SEC. 4. Overview. ~ The Bureau of Immigration, hereinafter referred to as the “Bureau”, shall be
under the control and supervision of the Department of Justice (DOJ). The Bureau shall be
principally responsible for the administration and enforcement of this Act, and the
implementation of all laws, rules and 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 Bureau may seek the assistance of other government entities in the enforcement
of laws, rules and regulations relating to immigration, border control, and anti-trafficking in
persons.

CHAPTER 2
THE BOARD OF COMMISSIONERS

SEC. 5. Composition and Qualifications. - The Bureau shall be administered by the Board of
Commissioners, hereinafter referred to as the Board, headed by the Commissioner as
Chairperson, and two (2) Deputy Commissioners as members, all of whom shall be natural-born
citizens of the Philippines, holders of a college degree, with proven capacity for administration
and, at the time of their appointment, at least thirty-five (35) years of age: Provided, That at least
one of the members shall be a member of the Philippine Bar in good standing for at least five (5)
years prior to the appointment: Provided, further, That at least one (1) member of the Board
shall come from the ranks of the Bureau.


SEC. 6. Powers and Functions. - The Board shall have the following powers and functions:
(a) Decide on applications or cases relative to:

(1) Deportation;

(2) Revocation of immigration status;

(3) Reacquisition and retention of Philippine citizenship under Republic Act No. 9225,
otherwise known as the “Citizenship Retention and Reacquisition Act of 2003” and such
laws as may hereafter be enacted on the subject;

(4) Issuance and revocation of all visas and permits;
(5) Declaration of indigence; and
(6) Legalization of residence in accordance with law;

(b) Cite and punish for contempt in relation to the discharge of its quasi-judicial functions, in
accordance with the Rules of Court;

(c) Prescribe and promulgate rules of procedure for proceedings before it;

(d) Prepare and publish operations manuals, including schedules of fees for all transactions
entered into by the Bureau with the public;

(e) Formulate policies, directives, programs and projects of the Bureau; and

(f) Such other powers and functions as provided in this Act and other existing laws, rules and
regulations not inconsistent with any of the provisions of this Act.

SEC. 7. Decisions. — All cases or proceedings before the Board shall be decided with the
concurrence of the majority of the members of the Board. Decisions of the Board shall become
final and executory fifteen (15) days from receipt thereof by the concerned parties. Only one (1)
motion for reconsideration shall be allowed.

SEC. 8. Period for Decision. - The Board shall decide deportation cases within sixty (60) days from
the date they are submitted for resolution. Decisions in deportation cases may be appealed to
the Secretary of Justice within fifteen (15) days from receipt thereof by the concerned party. The
decision of the Secretary of Justice may be appealed to the Office of the President within fifteen
(15) days from receipt of judgment. The decision of the Board shall become executory after thirty
(30) days from promulgation, unless within such period the President shall order the contrary.

‘SEC. 9. Meetings. — In all cases, the Board of Commissioners shall convene and act as a collegial
body in all matters referred to in Section 6 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 one (1) member shall constitute a quorum.

CHAPTER 3
THE COMMISSIONER AND THE DEPUTY COMMISSIONERS

SEC. 10. Appointment 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


SEC, 11. Powers and Duties of the Commissioner. — In addition to the duties as Chairperson of
the Board of Commissioners, the Commissioner shall also undertake the following:

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

(b) Exercise control and supervision over the officers and personnel of the Bureau, including the
power to appoint, promote, and reassign personnel, subject to civil service laws, rules and
regulations: Provided, That promotions and appointments to positions of Division Chiefs and
above shall be made by the Secretary of Justice upon the recommendation of the Commissioner;

(c) Issue the following:

(1) Mission Orders, after determination of the existence of probable cause for the
purpose of deportation;

(2) Commitment or Release Orders;
(3) Warrants of Deportation;

(4) Orders to inspect the documents, premises, and records of persons covered by this
Act; and

(5) Derogatory information orders defined in Section 3(i) of this Act;

(d) Delegate authority to subordinate immigration personnel and employees of the Bureau,
except the powers and functions enumerated in paragraph (c) of this 18 section, which may be
delegated only to a Deputy Commissioner;

(e) Act on applications for extension of visas with the concurrence of the Board;
(f) Act on applications for study and work permits;

(g) Control the opening and closure of posts, landing places, airports or ports classified as points
of entry or exit, whether limited or unlimited;

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

{i) Issue Certificates of Naturalization to foreign nationals who have been granted Philippine
citizenship;

(j) Promulgate rules and regulations as may be necessary or proper for the effective discharge of
the duties and responsibilities of the officials and personnel of the Bureau, and for the effective
exercise of the powers and functions of the Bureau;

{k) Deputize, subject to the concurrence of the Board, 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 assist
immigration personnel in the performance of their duties and functions;

(I) Seek the assistance of relevant government agencies for intelligence data gathering and
sharing;

(m)Authorize and prescribe, with the concurrence of the Board, the form and the amount of cash
bonds for the provisional release of respondents in deportation proceedings;

(n) Impose reasonable fines and penalties for violations of immigration and alien registration laws
in accordance with this Act and the guidelines adopted by the Board;


(0) Accept donations of materials, equipment or technical services from any foreign government,
international or domestic organization, to upgrade the efficiency and operations of the Bureau;

(p) Provide an express lane system for the rendition of services performed for individuals and
entities upon payment of fees that may be prescribed, and deposit in an authorized government
depository bank such fees received under a trust fund subject to auditing and accounting rules,
fifty percent (50%) of which shall be made available for the augmentation of the salaries of the
employees of the Bureau, and fifty percent (50%) of which shall be remitted to the national
treasury;

(q) Submit to the President and to Congress, annually or as may be directed, a report on:
(1) the number and status of foreign nationals in the Philippines;
(2) foreign nationals admitted or granted change of status as permanent residents;
(3) foreign nationals who have been excluded or deported from the Philippines;

(4) the estimated number of illegal foreign nationals in the Philippines in each calendar
year and actions taken to arrest them, grouped by nationality, for each region in the
Philippines; and

(5) such other transactions of the Bureau;

(r) Determine the manning levels of Immigration Officers of the Bureau nationwide in accordance
with the number of arrivals in each port of entry as determined by the Board: Provided, That for
every three hundred (300) passengers, there shall be one (1) Immigration Officer in an eight-hour
shift;

(s) Exercise disciplinary authority over personnel of the Bureau charged with less grave and light
administrative offenses, in accordance with the Revised Rules on Administrative Cases in the Civil

Service (RRACS): Provided, That the disciplinary authority over those charged with grave
administrative offenses under RRACS shall belong to the Secretary of Justice;

(t) Prepare and submit a supplemental budget, if necessary, for the consideration of the
Department of Budget and Management (DBM) and Congress;

(u) Prescribe, with the concurrence of the Board, the appropriate forms, bonds, reports, entries
and other papers in accordance with this Act;

(v) Require all vessel operators to submit advance passenger information in the form prescribed
by the Board, and prescribe penalty for the violation hereof;

(w) Engage foreign counterparts pertaining to border control; and
(x) Perform such other functions inherent to the Bureau.

SEC. 12. Appointment and Rank of Deputy Commissioners. - There shall be two (2) Deputy
Commissioners who shall be appointed by the President. They shall have the rank, salary and
privileges of an Assistant Secretary of a Department.

SEC, 13. Duties of Deputy Commissioners. - In addition to their duties as members of the Board,
the Deputy Commissioners shall supervise a minimum of two (2) Divisions and one (1) regional
office each as may be determined by the Commissioner.


CHAPTER 4
THE INTERNAL AFFAIRS SERVICE

SEC. 14, Qualifications of the Director, Internal Affairs Service (IAS). — An Internal Affairs Service
(IAS) of the Bureau is hereby created which shall be headed by a Director who 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 the appointment.

SEC. 15. Powers and Functions. The IAS shall have the following powers and functions:
(a) Conduct inspections and audit over personnel and units of the Bureau;

(b) Receive administrative complaints against all Bureau personnel, and indorse to the Office of
the Secretary of Justice complaints filed against personnel who are subject to the disciplining
authority of the Secretary;

(c) Conduct summary hearings of administrative cases against personnel appointed and
promoted by the Commissioner;

(d) Investigate complaints and gather evidence in support of an investigation;

(e) File appropriate criminal cases against Bureau personnel before the court as evidence
warrants and assist in the prosecution of such cases; and

(f) Provide assistance to the Office of the Ombudsman in cases involving the personnel of the
Bureau.

CHAPTER 5
THE BOARD SECRETARY

SEC. 16. Qualifications. - There shall be a Board Secretary of the Board of Commissioners who
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 the appointment. 46 47

SEC. 17. Powers and Duties. - The Board Secretary shall:
(a) Attend and take the minutes of all meetings of the Board;
(b) Prepare the agenda for the deliberation of the Board on visa applications;

(c) Prepare the agenda for the deliberation of the Board on deportation cases as endorsed by a
member of the Board after initial review;

(d) Implement the decision of the Board approving visa applications, including revalidation;
(e) Keep and manage all records of the deliberations of the Board;

(f) Advise the members of the Board on all matters relative to compliance with relevant laws and
requirements of regulatory authorities; and

{g) All other functions as may be directed by the Board.


CHAPTER 6
THE BOARDS OF SPECIAL INQUIRY

SEC. 18. Creation of the Boards of Special Inquiry. - There shall be created up to five (5) Boards
of Special Inquiry (BS!) as required in the exigency of service as determined by the Board. Each
851 shall be composed of a Chairperson and two (2) members. The BSI shall be designated
according to their areas of specialization to be determined by the Board.

SEC. 19. Appointment and Qualifications of the Chairpersons and Members of the BSI. - The
Chairpersons and members of the BSI shall be appointed by the Commissioner, 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 have been engaged in the practice of
law for at least three (3) years prior to appointment.

SEC. 20. Powers and Functions. — The BSI shall:

(a) Recommend to the Board of Commissioners for final resolution cases and applications relative
to:

(1) Deportation;
(2) Revocation of immigration status; and
(3) Legalization of residence in accordance with law;
(b) Recommend to the Commissioner for appropriate action cases and applications relative to:
(1) Cancellation of alien certificates of registration by marriage; and
(2) Issuance of alien certificates of registration to refugees;
(c) Issue subpoena in cases being heard by the BSI;

(d) In the exercise of its quasi-judicial power, cite and punish persons for contempt in accordance
with the Rules of Court;

(e) Recommend to the Board the imposition, waiver or reduction of fees, fines, penalties and
other charges, subject to existing laws, rules and regulations;

(f) Administer oaths in connection with the performance of their duties, as may be authorized by
the Board

(g) Promulgate rules and regulations governing matters within its assigned mandate, subject to
the approval of the Board; and

(h) Perform such other duties and functions as may be directed by the Commissioner or the Board
of Commissioners.

SEC. 21. Proceedings. - The proceedings before the BSI shall be public and recorded. In all cases,
the BSI shall meet and act as a collegial body. Only members of the Philippine Bar in good standing
may appear for and in behalf of any party before the BSI.


SEC. 22. Resolution of Cases. — Cases before the BSI shall be resolved within five (5) working days
from the date the cases are submitted for resolution. The resolution of the BSI shall be submitted
immediately to the Board for action.

SEC. 23. Creation of Positions. - The positions created under the BSI shall have the following
classification and salary grades:

DESIGNATION "POSITION SALARY GRADE _
Chairperson Attorney V 25
Members Attorney IV 23
CHAPTER 7

DIVISIONS AND OTHER OPERATING OFFICES OF THE BUREAU

SEC. 24. Divisions and Other Operating Offices of the Bureau. — The Bureau shall have the
following Divisions and other operating offices, namely:

A. DIVISIONS:
(1) Administrative;

(2) Alien Registration;

(3) Finance and Logistics;

(4) Human Resource Management and Development;
(5) immigration Regulation;

(6) Information and Communications Technology;

(7) immigration intelligence;

(8) immigration Law Enforcement;

(9) Legal Affairs;

(10) immigration Operations; and

(11) Planning and Research

B. REGIONAL OFFICES that shall be created by the Board according to political or administrative
regions.

C. DISTRICT AND FIELD OFFICES

SEC. 25. Heads of the Divisions and Other Operating Units. — Each Division shall be headed by
a Division Chief: Provided, That the Chief for Legal Affairs shall be a member of the Philippine Bar
in good standing and must have been engaged in the practice of law for at least three (3) years
prior to appointment, and that the Chief for Finance and Logistics must be a Certified Public
Accountant in good standing for at least three (3) years prior to appointment.


The Regional Offices shall be headed by a Supervising Immigration Officer, while 19 the District
and Field Offices shall be headed by a Senior Immigration Officer.

No person shall be appointed as Chief af any of the Divisions enumerated in Section 24(A) of this
Act unless such person meets the qualification standards set by the Bureau and approved by the
Civil Service Commission (CSC).

SEC. 26. Organizational Structure, Duties and Functions of the Divisions, Regional, District, Field
and Other Operating Offices. - Subject to the approval by the DBM, the Board shall determine
the organizational structure of the different Divisions, Regional, District and Field Offices, and
other operating offices of the Bureau to ensure the effective performance of their respectives
mandates.

SEC. 27. Chief Administrative Officer. — The Bureau shall have a Chief Administrative Officer who.
shall perform the following duties:

(a) Develop and implement an administrative support strategy for the Bureau;
(b) Coordinate all administrative functions of the Bureau;

(c) Monitor and evaluate all policies and programs of the Bureau, and recommend to the Board
such policies, programs and measures for the effective and efficient administration of the
Bureau; and

(d) Perform such other tasks as may be directed by the Commissioner.

SEC. 28. Chief Alien Registration Officer. - The Bureau shall have a Chief Alien Registration
Officer who shall perform the following duties:

(a) Formulate plans and policies for the implementation of the Alien Registration Program;

(b) Establish and implement measures for the effective registration, monitoring and accounting
of aliens, including the collection and safekeeping of biometric data of all aliens pursuant to this
Act and other laws, rules and regulations;

(c) Monitor and evaluate all policies, programs and measures relative to alien registration, and
recommend to the Board such measures to improve the system of alien registration; and

(d) Perform such other tasks as may be directed by the Commissioner.

SEC. 29. Chief Finance and Logistics Officer. - The Bureau shall have a Chief Finance and Logistics
Officer who shall perform the following duties:

(a) Formulate and supervise the implementation of policies pertaining to procurement, fiscal
management, auditing and accounting in support of the overall plan and strategic direction of
the Bureau;

(b) Direct and manage all the procurement activities of the Bureau;
(c) Implement sound fiscal policy;
(d) Supervise the preparation of the Annual Procurement Plan;

(e) Initiate projects in the furtherance of the improvement of the Bureau;


(f) Set performance targets for the Bureau in order to meet its objectives, plans and programs;
and (g) Perform such other tasks as may be directed by the Commissioner.

SEC. 30. Chief Human Resource Management and Development Officer. — The Bureau shall have
a Chief Human Resource Management Officer who shall perform the following duties:

(a) Develop and execute human resource strategies in support of the overall plan and strategic
direction of the Bureau especially in the areas of selection, hiring and promotion;

(b) Design employee training modules;

(c) Develop comprehensive strategic recruitment and retention plans to meet human capital
strategy goals;

(d) Set qualification standards and implement competency-based hiring and promotion policies;
(e) Oversee the recruitment, selection and promotion of employees of the Bureau;

(f) Set performance standards for the employees of the Bureau in order to meet its objectives,
plans and programs;

(g) Prepare and implement schemes to strengthen the relationship between management and
employees; and

(h) Perform such other tasks as may be directed by the Commissioner.

SEC. 31. Chief Immigration Regulation Officer. - The Bureau shall have a Chief Immigration
Regulation Officer who shall perform the following duties:

(a) Formulate plans and programs for the effective enforcement of immigration laws relating to
the admission, sojourn, and exit of aliens;

(b) Establish policies for the effective monitoring of all commercial vessels while in Philippine
territory;

(c) Oversee and supervise all regional, district, and field offices, and border crossing checkpoints;
(d) Maintain administrative control over aliens admitted for limited periods;

(e) Represent the Bureau in the enforcement of the RP-Indonesian Agreement the RP-Malaysian
Anti-Smuggling Agreement, and other subsequent similar agreements; and

(f) Perform such other tasks as may be directed by the Commissioner.

SEC. 32. Chief Information and Communications Technology Officer. — The Bureau shall have a
Chief Information and Communications Technology Officer who shall perform the following
duties:

(a) Formulate policies, plans and programs on management information systems, network,
cybersecurity, and information and communications technology (ICT) resources of the Bureau;

(b) Supervise the implementation of all the information and communications technology projects
of the Bureau;

(c) Review, evaluate, and recommend for approval by the Commissioner the integration of all
existing ICT systems of the Bureau;


(d) Initiate the conduct of ICT research, development, and standardization; and
(e) Perform such other tasks as may be directed by the Commissioner.

SEC. 33. Chief Immigration Intelligence Officer. - The Bureau shall have a Chief Immigration
Intelligence Officer who shall perform the following duties:

(a) Develop plans and programs for the gathering and collating of intelligence objectives through
effective management of all intelligence and counter-intelligence activities of the Bureau;

(b) Manage the conduct of intelligence and counter- intelligence activities of the Bureau;
(c) Serve as the linkage between foreign counterparts or embassies and the Bureau;

(4) initiate development of intelligence training modules; and

(e) Perform such other tasks as may be directed by the Commissioner.

SEC. 34. Chief Immigration Law Enforcement Officer. - The Bureau shall have a Chief
Immigration Law Enforcement Officer who shall perform the following duties:

(a) Develop plans and programs for effective law enforcement actions against foreign nationals
who violate immigration laws, rules and regulations;

(b) Exercise command, control, direction, coordination, and supervision of all law enforcement
activities of the Bureau, such as the deployment of personnel, subject to the power of the
Commissioner under Section 11(b) of this Act;

(c) Initiate the development of law enforcement training modules;
(d) Establish an effective monitoring tool for fugitives and undesirable foreign nationals; and
(e) Perform such other tasks as may be directed by the Commissioner.

SEC. 35. Chief Legal Affairs Officer. - The Bureau shall have a Chief Legal Affairs Officer who shall
perform the following duties:

(a) Serve as the legal counsel of the Bureau, in coordination with the Office of the Solicitor
General;

(b) Develop guidelines for the summary deportation of foreign nationals who are fugitives,
‘overstaying, undocumented, or convicted of crimes involving moral turpitude or crimes where
the penalty of deportation is imposed;

(c) Assign prosecutors for regular deportation proceedings;
(d) Implement deportation orders;

(e) Study contracts affecting the Bureau and submit recommendations to the Board relative
thereto;

(f) Render legal opinions on matters arising from the administration and operation of the Bureau;
and

(g) Perform such other tasks as may be directed by the Commissioner.

SEC. 36. Chief Immigration Operations Officer. - The Bureau shall have a Chief Immigration
Operations Officer who shall perform the following duties:


(a) Formulate plans and programs for the effective and efficient immigration operations in all
international airports and seaports;

(b) Oversee and supervise the immigration operations in all international airports and
international seaports, including the conduct of arrival and departure formalities consistent with
this Act and other applicable laws, rules and regulations;

(c) Implement Blacklist Orders, Hold Departure Orders, Monitor Orders, Travel Restriction
Orders, Orders to Leave, Exclusion Orders, and other such orders issued by the Board or by the
Commissioner;

(d) Ensure the compliance of all immigration personnel under the Operations Division with the
Bureau's Quality Management System (QMS);

{e) Monitor admitted foreign temporary visitors who were referred for secondary or tertiary
inspection;

(f) Initiate the development of immigration operations training modules; and
(g) Perform such other tasks as may be directed by the Commissioner.

SEC. 37. Chief Planning and Research Officer. - The Bureau shall have a Chief Planning and
Research Officer who shall perform the following duties:

(a) Formulate and implement the Bureau's programs, projects and processes for planning and
research;

(b) Facilitate and organize strategic planning sessions for the entire Bureau;
(c) Conduct workload assessment and forecasting;

(d) Provide assistance to the Board in the implementation and establishment of a risk
management process;

(e) Implement a monitoring feedback measurement and evaluation system for the
implementation of all Bureau policies, projects, and programs;

(f) Represent the Board in meetings relating to planning and research; and

(g) Perform such other tasks as may be directed by the Commissioner.

CHAPTER 8
IMMIGRATION OFFICERS

SEC. 38. Immigration Officers. ~ The Bureau shall employ an elite group of Immigration Officers
who shall be assisted by Immigration Inspectors and Immigration Agents in the performance of
their duties and functions. No person shall be appointed to the position of Immigration Officer,
Immigration Inspector or Immigration Agent unless such person meets the qualification
standards set by the Bureau and approved by the CSC.


The following determinative factors shall be included in setting the qualification 46 standards for
each position:

(a) Educational Attainment

(b) Civil Service Eligibility

(c) Relevant Experience

(d) Training (Basic, Advanced or Executive)
(e) Agility

SEC. 39. Powers and Duties. - The Immigration Officers shall have the following powers and
functions:

(a) Examine, with the assistance and advice of medical authorities in appropriate cases, foreign
nationals 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, as may be authorized by
the Board;

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

(e) Act as contro! personnel with authority to prevent the departure of passengers who do not
comply with duly published departure requirements;

(f) Detect and report violations of the immigration and alien registration laws and, in appropriate
cases, take necessary actions upon the instructions of the Commissioner, including follow-up on
the stay of non-immigrants to prevent overstaying;

(g) Detect and report subversive activities of aliens in the interest of national security;
(h) Investigate any case at the instance of the Commissioner and submit the required reports;

(i) Report on the activities of aliens inimical to national interest with a view to taking appropriate
action in accordance with law;

(i) Locate and conduct surveillance against foreign nationals in violation of immigration laws,
rules and regulations;

(k) Provide actionable operational, tactical and strategic intelligence to the operating units;

(I) Conduct case build up, analysis and other in-depth research, as well as_provide analytical
reports on foreign nationals who violate or are in violation of immigration laws, rules and
regulations;

(m) Coordinate with other local and international law enforcement agencies in the gathering of
intelligence information related to immigration law violations;


(n) Conduct counter-intelligence operations;
(0) Enforce lawful orders relating to the exclusion, deportation and repatriation of aliens;

(p) Take charge of the physical detention of aliens pending their exclusion, deportation or
repatriation;

(q) Attend to the deportation of aliens;

(r) Monitor all arriving and depat
syndicates;

ig suspected terrorists, drug couriers or members of crime

(s) Assist and escort deportees, excluded passengers and transiting restricted passengers until
finally boarded;

(t) Investigate and escort from ports of entry intercepted passengers who are found in possession
of spurious travel documents;

(u) Implement Warrants of Deportation and Mission Orders involving foreign nationals who
violate or are in violation of immigration laws, rules and regulations; and

(v) Perform such other functions as may be assigned by the Commissioner from time to time.
Qualified Immigration Officers, Immigration Inspectors and Immigration Agents with the
requisite training and experience may be assigned to the Intelligence, Law Enforcement, Alien
Registration, Immigration Regulation, and Operations Divisions depending on the exigencies of
the Bureau. The Board may, in the exigencies of service, designate certain duties and
responsibilities listed in this section to other officers and employees in the Intelligence or Law
Enforcement Divisions in an acting 19 capacity: Provided, That such designation shall not exceed
a period of one (1) year.

SEC. 40. Deployment of immigration Personnel Abroad. - Within ninety (90) days from the
effectivity of this Act, the DFA and the Bureau shall promulgate the implementing rules and
regulations on the assignment and deployment of Immigration Officers to select consular posts
abroad who shall, subject to the pertinent provisions of Republic Act No. 7157 or the “Philippine
Foreign Service Act of 1991”, perform immigration duties, except diplomatic and consular
functions.

CHAPTER 9
CAREER DEVELOPMENT PATTERN

SEC. 41. Career Development. — The Bureau shall:

(a) Establish and strengthen the Philippine Immigration Academy which shall be under the control
and supervision of the Commissioner;

(b) Create a continuing program to enhance the knowledge, skills and competence of all
personnel through a career advancement training and education prior to their promotion; and

{c) Formulate training requirements to implement the provisions in this Title.


CHAPTER 10
OTHER OFFICES

SEC. 42. Changes in the Composition, Distribution and Assignment of Regional, District and
Field Offices. - The Commissioner may make changes in the composition, distribution and
assignment of regional, district and field offices as well as its personnel, based on the
demographics of foreign nationals and as the exigency of the service requires, subject to civil
service rules and regulations.

SEC. 43. Border Control Checkpoints. — In addition to international airports and international
seaports, there shall be established Border Control Checkpoints which shall be manned by
Immigration Officers appointed as Border Control Officers by the Commissioner. The Border
Control Checkpoints shall be placed in specific areas in the Philippines which shall be determined
by the Board. Border Control Officers shall perform the following duties:

(a) Conduct immigration formalities to foreign nationals passing through their areas of
responsibility;

(b) Enforce immigration laws, rules and regulations;

(c) Coordinate with other law enforcement agencies in the enforcement of immigration laws,
rules, and regulations;

(d) Apprehend and take into custody illegal entrants; and

(e) Perform such other functions as may be directed by the Commissioner.

TITLE UL

IMMIGRATION

CHAPTER 1
NON-IMMIGRANTS

SEC. 44, 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 in transit through the Philippines solely for a layover and
who have a confirmed connecting flight to another country, or passengers in immediate and
continuous transit to a destination outside the Philippines;

{c) Crewmembers (C Visa): Persons required for the normal operation and servicing of vessels
that come to the Philippines on a temporary basis, either arriving with a vessel or intending to
depart the Philippines on the same vessel or any other vessel;

(d) Treaty Traders (D-1 Visa) and Treaty Investors (D-2 Visa): Citizens of a country that has a trade
treaty with the Philippines, including their family members, and who come 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 from a country that has an investor treaty with the Philippines, including their
family members, and who come 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, 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 Household Member (E Visas):
Foreign government officials, their families and household members coming to the country for
official purpose, pursuant to international conventions and bilateral agreements, shall be granted
E Visas, in accordance with the following categories:

(1) Persons eligible for E-1 Visa: The E-1 Visa shall be issued to the following classes of foreign
nationals:

i, Heads of State and Heads of Government and their personal representatives;

ii, Members of reigning royal families from countries recognized by the Philippine
Government;

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

iv. Cabinet ministers and their deputies, and officials with cabinet rank of ministers;
v. Presiding officers of national legislative bodies;

vi. Justices or judges of the highest national judicial bodies;

vii. Diplomats and career consular officials on foreign assignment in the Philippines;
viii. Military, naval, air and other attaches assigned to a diplomatic mission; and

ix. Accompanying spouses and unmarried dependents of foreign nationals within the
abovementioned categories;


(2) Persons eligible for E-2 Visa: The E-2 visa shall be issued to an official of a foreign government
recognized by the Philippines and who is a national of the country whose government he
represents, and is proceeding to the Philippines on a long-term basis in connection with official
business for such foreign official’s government. This category includes, inter alia, the following
classes of foreign nationals:

i. Administrative and technical members of the staff of a diplomatic or consular mission;

ii, Officials participating in programs under the auspices of the Philippine Government or
recognized international institutions; and

iii. Accompanying spouses and unmarried dependents of foreign nationals within the
abovementioned categories;

(3) Persons eligible for E-3 Visa: The E-3 visa shall be issued to an official of a foreign government
recognized by the Philippines, is a national of the country whose government he represents, and
is proceeding to the Philippines on a short-term basis in connection with official business for such
foreign official’s government. This category includes, inter alia, the following classes of foreign
nationals:

i. Diplomatic couriers regularly and professionally employed as such;
ii, All members of official special missions of a diplomatic character;

ili, Members of delegations proceeding to or from an international conference of a
diplomatic or official nature; and

iv. Such other officials going to the Philippines on diplomatic or official missions; and

(4) Persons eligible for E-4 Visa: The E-4 Visa shall be issued to the private employees and
household members of persons to whom E-1 and E-2 visas have been granted, as well as their
immediate dependents.

All visas in Section 44 (e) of this Act shall be exclusively issued and renewed by the DFA,
which shall also determine the type of E-Visa of Foreign Government Officials not identified in
the foregoing lists. The grant of immunities and privileges shall be subject to applicable domestic
and international law and international agreements to which the Philippines is a party, as well as
in consideration of the principle of reciprocity;

(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
to admit such foreign students by the Commission on Higher Education (CHED) in coordination
with the Bureau;

(g) Prearranged Employment (6 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


(i) Representatives of Accredited International Organizations and Government Agencies (I Visa):
Foreign officials and staff of accredited international organizations, including their dependent
family members, staff, and household members shall be granted | Visas in accordance with the
following categories:

(1) Persons eligible for 1-1 Visa: The I-1 Visa shall be issued to the principal officials of
accredited international organizations, as well as their accompanying spouses and
dependents;

(2) Persons eligible for I-2 Visa: The I-2 visa shall be issued to the other officials and staff
of accredited international organizations, as well as their accompanying spouses and
dependents;

(3) Persons eligible for |-3 Visa: The |-3 visa shall be issued to officials and staff of
international organizations who will perform short-term official work with the
international organization upon its invitation; and

(4) Persons eligible for I-4 Visa: The |-4 Visa shall be issued to the private employees and
household members of persons to whom I-1 and I-2 visas have been granted, as well as
their immediate dependents.

Accredited international organization includes any public international organization
engaged in activities of which the Philippines participates pursuant to any treaty or under the
authority of any act of the Congress of the Philippines authorizing such participation or making
an appropriation for such participation and such other international organizations, institutions,
agencies, programs, foundations and entities which are recognized by the government of the
Republic of the Philippines, including those existing and already recognized as such at the time
of the effectivity of this Act.

All types of visas under Section 44 (i) of this Act shall be exclusively issued and renewed
by the DFA, which shall also determine the type of | Visa of officials and staff of international
organizations that are not identified in the foregoing list. The grant of immunities and privileges
shall be subject to applicable domestic and international law, relevant Headquarters
Agreements, and international agreements to which the Philippines is a party;

(j) Media Workers (J Visa): Foreign media personnel or correspondents, duly accredited by the
government agency concerned, who are bona fide representatives of a foreign press, radio,
satellite, television, film, or other information media, and are coming to the Philippines solely to
engage in gathering information principally for dissemination abroad, including their family
members accompanying them or subsequently joining them during the period of the assignment
in the Philippines;

(k) Exchange Visitors (K Visa): Foreign nationals entering the Philippines to 9 teach, study,
observe, conduct research or receive training in a specific Exchange 10 Visitor Program duly
approved by the Philippine Government;

(I) Refugees (L-1 Visa) and Stateless Persons (L-2 Visa): Refugees as defined in this Act and in the
1951 Convention Relating to the Status of Refugees and its 1967 Protocol shall be issued L-1 Visas.
Stateless persons as described in this Act shall be issued L-2 Visas. The President or the Secretary
of Justice, for humanitarian reasons not inimical to public interest, shall have the exclusive
authority to admit refugees and stateless persons in such classes of cases and under such
conditions as they may prescribe. The President or the Secretary of Justice shall likewise have the



(m) Bridging Visa (M Visa): A temporary visa which allows a foreign national to stay in the
Philippines after the expiration of the current visa, other than temporary visitor visa under
Section 44(a), and while an application for adjustment of status is being processed;

(n) Startup Visa (N visa): Visa issued by the DFA pursuant to Sec. 13, Chapter 3 of Republic Act
No, 11337, otherwise known as the “Innovative Startup Act”, which includes the Startup Owner
Visa (N-1 Visa), Startup Employee Visa (N-2 Visa) and Startup Investor Visa (N-3 Visa); and

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

All other agencies and offices other than the DFA authorized to issue visas in accordance with
existing laws shall be subject to reportorial requirements as prescribed by the Board. The Board
shall likewise prescribe penalties for violations thereof.

CHAPTER 2
IMMIGRANTS

SEC. 45. Quota Immigrants. - Subject to the conditions set forth in this Act, there may be
admitted into the Philippines, based upon immigration reciprocity and upon allotment by the
Commissioner, “quota immigrants”, not to exceed two hundred (200) of any one nationality for
any one calendar year. The following arder of preference shall be observed in the allotment of
quota immigrants:

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

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

(c) Third Preference: Spouses or minor children of foreign nationals who are lawful permanent
residents of the Philippines; and

(d) Fourth Preference: Parents of foreign nationals who are lawful permanent residents of the
Philippines.

SEC. 46. 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 of each
year: Provided, That if the fifty percent (50%) allotment for the first preference by any nationality
is not utilized, the balance thereof shall be given to the second, third, and fourth preferences for
the same nationality in accordance with Section 45 of this Act. Any unused quota allotment for a
calendar year shall not be carried over and utilized for the ensuing calendar year.


SEC. 47. Basis in Determination of Quota Allotment. - The numerical limitation imposed by
Section 45 of this Act shall be on the country of which the immigrant is a national or a citizen. For
purposes of the quota allocation, the nationality of immigrants possessing dual citizenship may
be that of either of the two (2) countries regarding them as a national or citizen if they apply for
a visa in a third country. If such immigrants apply for a visa within one of the two (2) countries 28
regarding them as a national or citizen, their nationality shall be that of the country in which
they filed their application for a visa to enter the Philippines.

SEC. 48, 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, That abandonment by the foreign spouse, the
failure to give support by the foreign spouse to the Filipino spouse and family, and the legal
separation or termination of the marital status by annulment, declaration of nullity of marriage
or divorce where the cause is attributable to the foreign spouse, shall constitute grounds for
cancellation of the immigrant visa issued to the foreign spouse;

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

(c) A child born to a mother during her temporary visit abroad, the mother being a foreign
national and 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;

(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 the spouse and minor children
accompanying or following to join such person; and

{g) Spouse, parent, children, legitimate siblings of a foreign national who is gainfully employed
and holder of a permanent resident status for a period of seven (7) years.

CHAPTER 3
NATIVE-BORN FOREIGN NATIONAL

SEC, 49. Status of Children Born to Immigrants. ~ 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.

SEC. 50. Status of Children Born to Non-immigrants. 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 the child
reaches the age of eighteen (18) years while continuously residing in the Philippines, in which
case such child may apply for naturalization under existing laws or for an appropriate visa.



CHAPTER 4

ADJUSTMENT OF STATUS

SEC. 51. 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 foreign national lawfully admitted as a permanent resident if:

(a) the foreign national makes an application for such adjustment;

(b) the foreign national 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 is immediately available to the foreign national at the time of
application, without the need of first departing from the Philippines. In all such cases, the
personal appearance of the foreign national shall be required during the consideration of the
application.

SEC. 52. 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 45 of this Act.

SEC. 53, Adjustment of Status, When Not Allowed. ~ Adjustment of status under this Act shall
not be applicable to:

(a) a foreign national who has violated or is in violation of immigration laws, rules and regulations,
unless the violation is without the fault of the foreign national or for purely technical reasons;
and

(b) transients.

SEC. 54, Loss of Status. — A registered foreign national, except a temporary visitor, who fails to
return to the Philippines within a period of one (1) year from departure shall lose the status
granted under this Act. Such foreign national may apply for an extension of the period within
which to return prior to its expiration and pay the prescribed fees and charges in order to
maintain the status or type of visa granted.

CHAPTER 5
DOCUMENTATION AND ADMISSION OF NON-IMMIGRANTS

SEC. 55. 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 or other travel documents showing their nationality and identity as
prescribed by regulations, a valid visa granted by the Consular Officer, if required, and such other
relevant documents as may be required under existing laws, rules, regulations, or multilateral or
bilateral agreements.



SEC. 56. 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 44(a) of this
Act shall not exceed fifty-nine (59) calendar days from the date of arrival, subject to bilateral,
regional and multilateral visa agreements entered into by the Philippines: Provided, That the
conditions for extensions and total period of authorized stay shall be prescribed by the
Commissioner: Provided, further, That during the foreign national’s authorized stay, such foreign
nation

(a) shall not take any employment, whether paid or unpaid;
(b) shall not establish or join in any business; and

(c) shall not enroll or become a student at a school, college, university, academy, or other
educational institution, unless granted, upon proper application, a conversion to another
immigration status provided under this Act.

SEC. 57. Conditions for Issuance of Pre-Arranged Employment Visas. ~ A foreign national who is
seeking admission into the Philippines for a pre-arranged employment shall not be issued a non-
immigrant visa referred to in Section 44(g) of this Act 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 foreign
national is desired and that the admission would be beneficial to the public interest. The petition
shall be under oath by the prospective employer or the latter’s 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 DFA.

SEC. 58. Submission of Crew List and Passenger Manifest. - Simultaneous to the vessel's
departure from the port of origin, the master, captain, agent, owner or consignee of any
commercial vessel arriving in the Philippines shall submit to the Bureau, within a reasonable time
prior to such arrival, the crew lists, passenger manifests and such other information concerning
the persons arriving on such a vessel. In the same manner and condition, the master, captain,
agent, owner or consignee of any commercial vessel departing from any port in the Philippines
shall submit to the Bureau, 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 contain the appropriate visa granted by the Consular
Officer.

SEC. 59. 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 Immigration Officers, any foreign crewmember employed on such vessel and, when required
by the immigration authorities, to detain such crewmember on board after inspection or to
remove such crewmember. No crewmember on board such vessel shall be discharged while the
vessel is in port without the permission of the Commissioner.

SEC. 60. Permission for Temporary Landing of a Foreign Crewmember. — A foreign crewmember
ona 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 Bureau while the
crewmember is on land shall be borne by the master, captain, agent, owner or consignee of the


CHAPTER 6

DOCUMENTATION AND ADMISSION OF IMMIGRANTS

SEC. 61. 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 immigrant visas indicating the date of issue and the period of validity
thereof. Immigrant visas shall not be required of the following:

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

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

(c) A foreign national who is returning to an unrelinquished lawful permanent residence
in the Philippines after a temporary residence abroad and presents for admission a valid
re-entry permit.

CHAPTER 7

VISA ISSUANCE

SEC. 62. 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, such foreign national is found to be inadmissible
under this Act or any other law

SEC. 63. Visa Policy. - The policies governing the issuance, extension, renewal and conversion of
visas referred to in this Act shall be formulated by the Bureau and the DFA when appropriate; in
consultation with concerned government agencies and offices.

SEC. 64, Visa Issuance Abroad. ~ All visa issuances abroad shall be done by Consular Officers
assigned at Philippine Foreign Service posts in the following manner:

(a) Upon approval by the Commissioner and recommendation by a Consular Officer, a
quota immigrant visa may only be issued to a foreign national who has made a proper
application therefor, which shall specify the nationality to which the quota number is
assigned, the immigrant’s particular status in such country, the preference to which the
foreign national is classified, the date on which the validity of the visa shall expire, and
such additional information as may be required; and

(b) The DFA, through its Consular Offices abroad or the Office of the Visa Director, shall
approve the issuance of non-quota immigrant and non-immigrant visas to a foreign
national who has made a proper application therefor. The issuance of special non-
immigrant visas falling under the jurisdiction of a particular government office or agency


SEC. 65. Requirements for Physical and 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.

SEC. 66. Visa Validity Period. ~ A single-entry non-immigrant or immigrant visa issued by a
Consular Officer abroad pursuant to Section 64 of this Act shall be valid for a period not exceeding
three (3) months: Provided, That in prescribing the validity period of a single-entry non-
immigrant visa, the Consular Officer may allow a longer validity period based on reciprocity as
accorded by the foreign country 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 if the concerned foreign national establishes to the satisfaction of the
Consular Officer that the original immigrant visa was not used during the period of its validity for
reasons beyond the visa holder’s control: Provided, That the foreign national is found by the
Consular Officer to be eligible for another immigrant visa and has paid all the required fees.

SEC. 67. Denial of Visa; Grounds. - The Consular Officer may deny the application for visa if it
appears from the statements in the application or in the documents submitted that the applicant
is not eligible for a visa under this Act, or if the applicant fails to comply with the requirements
of any of the provisions of this Act.

SEC. 68, Revocation of Visa Issued by Consular Officer. — The Commissioner may, for valid cause
and upon confirmation by the DFA, revoke a visa issued by any Consular Officer. If the notice of
revocation is not received and the visa holder applies for admission into the Philippines, the
admission or entry of the foreign national shall be determined by the Immigration Officer
pursuant to Title IV of this Act.

CHAPTER 8
RE-ENTRY AND EMIGRATION CLEARANCE

In all instances when a registered foreign national, except a temporary
visitor, departs or is about to depart temporarily from the Philippines with the intention to return
within one (1) year from departure, the foreign national must secure a re-entry permit or, if the
authorized stay is less than one (1) year, a Special Return Certificate, and pay the corresponding
fees and charges therefor.

SEC. 70. Emigration Clearance. — A registered foreign national who departs permanently from
the Philippines shall surrender all Philippine immigration documents and apply for and be issued
an Emigration Clearance Certificate, subject to the following conditions:

(a) The immigrant has no pending obligation with the government or any of its agencies
or instrumentalities;

(b) The immigrant has no pending criminal, civil, or administrative proceeding which
requires continued presence in the country; and


(c) There is no ongoing legislative inquiry where the immigrant is called upon to testify as
a witness. A temporary visitor departing from the Philippines shall, after the expiration of
the initial authorized stay, apply for emigration clearance and pay the prescribed fees and
charges therefor.

CHAPTER 9
PRESIDENTIAL PREROGATIVES

SEC. 71. Presidential Prerogatives. — Any provision of this Act to the contrary notwithstanding,
the President may:

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

(b) Waive passport or documentary requirements for non-immigrants and immigrants
under such terms and conditions as may be prescribed;

(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 may be prescribed; and

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

TITLE IV
PROVISIONS RELATING TO ENTRY
CHAPTER 1.
CLASSIFICATION OF PORTS OF ENTRY

SEC. 72, 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 foreign nationals may be admitted into the Philippines. Only such classes of
foreign nationals 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. 73. Inspection by Immigration Personnel. — A foreign national seeking admission or
readmission shall present a 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 foreign national, may be challenged by
another Immigration Officer on any ground provided in this Act. The final determination on the
admissibility of such foreign national shall be determined by the Commissioner within forty-eight
(48) hours 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. 74. Detention or Quarantine for Examination. — For the purpose of determining whether a
foreign national 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 as set forth under Section 84(a) of this Act or whenever the Commissioner has
received information showing that foreign nationals are coming from a country or a place where
any of such diseases are prevalent or widespread, the foreign national 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. 75. 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 84(a) of this Act shall be referred to designated medical officers for physical and mental
examination. Such medical officer shall certify the findings of the examination for the information
of the Immigration 3 Officer.

SEC. 76. 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.

CHAPTER 3
FOREIGN CREWMEMBER

SEC. 77. Conditional Permit to Disembark. ~ A foreign crewmember of a vessel under Section
44(c) of this Act may be granted a conditional permit, in a form prescribed by regulations, to
disembark temporarily from the vessel on which such crewmember arrived while the vessel
remains in port under such terms and conditions as may be prescribed by the Commissioner.


SEC. 78. Confiscation and Cancellation of Permit; Deportation from the Philippines.— Upon the
determination that the foreign national 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 foreign national into custody, and require the owner,
operator, captain, master, pilot, agent or consignee of the vessel on which the foreign national
arrived to receive and detain the foreign national on board. The expenses for removal of the
foreign national, including the cost of detention and other expenses incidental thereto, shall be
borne by the owner, operator, captain, master, pilot, agent or consignee of such vessel.

SEC. 79. Liability for Overstaying Foreign Crewmen. — A foreign crewmember who remains in
the Philippines in excess of the period allowed in the conditional permit issued shall be solidarily
liable with the owner, operator, captain, master, pilot, agent or consignee of the vessel for the
payment of the penalties prescribed in Section 127 of this Act.

SEC. 80. 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 alien employed as a crewmember on a vessel arriving in the Philippines
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 such fines as
may be prescribed under this Act. No 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. 81. 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 6 description of such foreign nationals and any
information that shall result in their apprehension.

SEC. 82. Requirement for Submission of List of Newly Employed, Discharged and Illegally
Landed Foreign Crewmembers. ~ 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 who have been discharged, if any;
(c) The names of those who have deserted or illegally landed at that port, if any; and
(d) Such other additional information as the Commissioner deems necessary.

SEC. 83. Liability for Failure to Submit Complete, True and Correct Report. — The owner,
operator, captain, master, pilot, agent, or consignee who fails to submit a true and complete list
or report of foreign nationals or to report cases of desertion or illegal landing shall pay such sum
as may be prescribed under Chapter 6, Title VI of this Act. No vessel shall be granted clearance
to depart 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 ar cash bond sufficient to cover such fines as approved by
the Commissioner.



CHAPTER 4

EXCLUSIONS

SEC. 84, Exclusion Grounds. - The following classes of foreign nationals shall not be allowed entry
and shall be excluded from the Philippines on the following grounds:

(a) Health Related Matters

(1) Those who are found to be suffering from a communicable, dangerous or contagious
disease, unless excepted under existing laws, rules and regulations;

(2) Those who are found to be suffering from mental disorder or mental health-
associated behavior that may pose a threat to persons or danger to property;

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

(b) Economic Concerns
(1) Those likely to become a public charge;

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

(c) Moral Issues

(2) Those coming to the Philippines to practice polygamy or who advocate the practice of
polygamy unless the person's religion allows such practices;

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

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

(4) Those who, at the time of primary inspection by the Immigration Officer, exhibit
any contemptuous or disrespectful behavior towards the said officer or any government
official or employee of the Bureau;

(d) Criminal and Security Considerations

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

(2) Those who have been convicted, or who admit having committed, or are committing
acts which constitute the elements of a violation or conspiracy to violate any law or
regulation of the Philippines or a 36 foreign country relating to a controlled, regulated or
prohibited substance, or who admit having attempted or conspired to commit the crime;


(3) Those that the Philippine Gavernment knows or has reason to believe 41 are or have
been (i) traffickers of any controlled, regulated or prohibited substance, or (ii)
accomplices, accessories, abettors, or co conspirators in the illicit trafficking of any
controlled, regulated or prohibited substance;

(4) Those who are fugitives from justice;
(5) Those who seek to enter the Philippines to engage in:

(a) espionage or sabotage, or a violation or evasion of laws prohibiting export of goods,
technology or sensitive information;

(b) any activity aimed to promote membership in an organization of syndicated criminal
activities;

(c) any activity, the purpose of which is to overthrow the Philippine government by force,
violence, or other unlawful means; and

(d) any other unlawful activity;

(6) Those who are engaged or believed to be engaged or likely to engage in, aid, abet or finance
any terrorist activity and members or representatives of a foreign terrorist organization;

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

(8) Those who are under fifteen (15) years of age and unaccompanied by or not coming to join a
parent, except that they may be admitted at the discretion of the Commissioner, if otherwise
admissible: Provided, That they present a written consent to travel from either parent citing the
purpose thereof and affirmed by a Consular Officer; and

(9) Those who have been identified by competent authorities, local and foreign, as having
engaged or are engaging in importatidn of contrabands and other prohibited articles into the
country.

SEC. 85. Temporary Custody of Excludable Foreign Nationals. - For the purpose of ascertaining
whether a foreign national arriving in the Philippines belongs to any of the excludable classes of
foreign national provided in this Act of related laws, the Immigration Officer, for a period not
exceeding seventy-two (72) hours, may temporarily take into custody for investigation such
foreign national 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. 86, Finality of Exclusion Order. — An order by the Immigration Officer to exclude a foreign
national who is excludable under this Act is final and executory unless revoked by the
Commissioner upon a timely appeal prior to the implementation 38 of the exclusion order.

SEC. 87. Authority to Waive Grounds for Exclusion. - Except for grounds of exclusion under
Section 84(d), subparagraphs 1 to 7 and 9, the Commissioner may waive any of the grounds for
exclusion mentioned in Section 84 of this Act.


SEC. 88. Procedure of Removal and Cost Thereof. - Foreign nationals arriving in the Philippines
who are ordered excluded shall be immediately removed to the country where they boarded the
vessel on which they arrived, in accommodations of the same class, unless the Commissioner
determines that immediate removal is not proper and practicable pursuant to applicable
Conventions, laws, rules and regulations, in which case such excluded foreign nationals shall be
ordered detained. The cost of removal, detention and other expenses incidental thereto shall be
borne by the owner, operator, master, pilot, captain, agent, or consignee of the vessel on which
such foreign nationals arrived.

SEC. 89. 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, the
removal of the foreign national shall be directed, at the Commissioner's discretion to any of the
following:

(a) The country of which the excluded foreign national is a citizen or national;
(b) The country of birth;

(c) The country of the foreign national’s 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. 90. Obligation of Owner, Operator, Master, Captain, Pilot, Agent or 16 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 foreign national ordered excluded and removed 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 an
Immigration Officer;

(d) Remove a foreign national from the Philippines to the country to which the individual's
removal has been directed; or

(e) Pay the cost of detention and such other costs and expenses necessary or incidental
to the removal of the excluded foreign national as provided in this Act.

SEC. 91. Penalty for Non-compliance of Obligation. — The owner, operator, master, captain, pilot,
agent, or consignee of a vessel who violates Section 90 of this Act shall pay the fines prescribed
in Chapter 6, Title VI of this Act. No 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. 92. Classes of Deportable Foreign Nationals. — The following foreign nationals shall be taken
into custody upon the order of the Commissioner and deported upon recommendation by the
BSI and approval by the Board:

(a) Those who entered the Philippines: (1) by means of misrepresentations or false or
misleading statements or documents, or (2) without inspection and admission by the
immigration authorities;

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

(c) Those who abet or aid in the practice of prostitution, including the owner or manager
of a prostitution den, or who are pedophiles;

(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, teach, or otherwise engage in any activity the
purpose of which is the opposition to, or the control or overthrow of, the Government of
the Republic of the Philippines or any of its duly constituted authority by force, violence,
or other unlawful means, 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, 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, at any time after entry, are charged of a crime involving acts or omissions
punishable under Philippine penal laws cognizable by the Regional Trial Courts and the
Sandiganbayan;

(i) Those who, at any time after entry, are convicted by final judgment of a crime involving
moral turpitude punishable under Philippine penal laws;

(j) 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;

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

(I) Those who are found to be undesirable and whose further stay in the Philippines is
inimical to public welfare and interest, or the dignity of Filipinos or the Republic of the
Philippines as a sovereign nation;


(m) Those who forge, counterfeit, alter or falsely make any document; or use, attempt to.
Use, possess, obtain, accept or receive, or provide any forged, counterfeit, altered or
falsely made document; or use, attempt to use, provide, attempt to provide, accept or
receive a genuine document, even of another person, without authority to do so for the
purpose of satisfying or complying with the requirements of the Bureau;

(n) 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;

(0) Those who misrepresented themselves as Filipino citizens in all immigration matters;
and,

(p) Those who commit any violation of the provisions of this Act, independent of any
criminal action which may be brought against them: Provided, That in the case of a foreign
national who, for any reason, is convicted and sentenced to suffer both imprisonment
and deportation, said foreign national shall first serve the entire period of the sentence
before being deported.

CHAPTER 2

DEPORTATION PROCEEDINGS

SEC. 93. Nature of Deportation Proceedings. - Deportation proceedings shall be independent of
any action that may be instituted against a foreign national: Provided, That no deportation order
shall be issued against foreign nationals facing preliminary investigation, prosecution and trial
before competent authorities.

SEC. 94. Non-Prescription of Deportation Cases.
proceedings shall not prescribe.

The right of the State to initiate deportation

‘SEC. 95. Formal Charge of Deportation. — A formal charge for deportation shall be issued upon
determination of the existence of a prima facie case against the foreign national.

SEC. 96. Bail. — Pending final determination of the foreign national’s deportation case, the foreign
national shall, upon the discretion of the Commissioner, remain under detention or 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 foreign national is evading the proceedings or is attempting
to abscond, in which case such foreign national shall be taken into custody and placed under
detention by order of the Commissioner.

SEC. 97. Custody of a Foreign National Convicted of a Felony or an Offense. — After service of
the sentence or compliance with the conditions of parole or probation, as the case may be, the
foreign national shall be taken into custody for immediate deportation by order of the Board.

SEC. 98. Voluntary Deportation, When Authorized. - The Commissioner may waive the
deportation proceedings and order the departure of the foreign national within the period
specified in the voluntary deportation order if the foreign national does not contest the formal
charge and opts to voluntarily leave the country and pays for all expenses: Provided, That the
foreign national has not committed any criminal offense or has no pending criminal investigation:
Provided, further, That the said foreign national so deported shall be barred from re-entering the


SEC. 99. 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, the foreign national may
be released on bail or recognizance.

SEC. 100. Suspension of Deportation Order. - The Commissioner may suspend the
implementation of the deportation order and order the release of the foreign national on bail or
recognizance, taking into account the following factors:

(a) Age, health, family or condu

(b) Period of detention;

(c) Impact on national security and public welfare;

(d) Unavailability of travel documents;

(e) Existence of an application for refugee or statelessness status; or
(f) Other humanitarian considerations.

SEC. 101. Reinstatement of a Deportation Order. — A deportation order previously implemented
against a foreign national 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 foreign national who departed voluntarily under Section 98 of this Act and
re-entered the Philippines unlawfully or without prior written authorization from the
Commissioner.

SEC. 102. Country of Destination of a Deportee. — Except as provided for under an existing treaty
or international agreement, a foreign national shall be deported to the country of which the
person is a citizen or national, or foreign national’s country of birth, or the country of which the
individual is a resident, or the country from which the individual embarked for the Philippines,
subject to the acceptance by the receiving country.

SEC. 103. Cost of Deportation. - The owner, operator, captain, master, pilot, agent or consignee
of a vessel shall bear the cost of deportation of any of its foreign crewmembers deemed
deportable under Section 92 of this Act. In all other cases, the cost of deportation shall be borne
either by the deportee, by the concerned consular office, nongovernment organizations or
people’s organizations with which the Bureau has an agreement on this matter, or shall be
charged to the appropriations for the implementation of this Act.

SEC. 104. 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 deporte to the foreign national’s
country of destination, or to shoulder the cost of deportation of the foreign crew member as
provided in the preceding section, shall be subject to the administrative fines prescribed under
Chapter 45 6, Title VI of this Act.

SEC. 105. Designation of Accompanying Person. - The Commissioner may, for security reason or
by reason of the mental or physical condition of the deporte, direct an employee of the Bureau
to accompany such deportee to the country of the deportee’s destination, subject to the
provisions of Section 103 of this Act,


CHAPTER 3
INDIGENT FOREIGN NATIONAL

SEC. 106. Removal of Indigent Foreign National. ~ At any time after entry, the Commissioner
may remove indigent foreign nationals from the Philippines to either the country of which they
are citizens or nationals, their country of birth, or their country of residence, as the case may be.
The cost of deportation may be charged against the available funds of the Bureau. Any foreign
national removed under this section shall be barred re-admission except upon written
authorization of the Board. This provision shall not apply to a foreign national declared as an
indigent by any Philippine court for purposes of filing a case or to pursue an action which resulted
in the individual's indigency until such case or action is resolved with finality: Provided, That no
other grounds for deportation exist during the pendency of such case or action.

TITLE VI
‘MISCELLANEOUS PROVISIONS
CHAPTER 1
REGISTRATION OF FOREIGN NATIONALS

SEC. 107. Requirement of Registration. - All foreign nationals, regardless of any exemption
provided by law, shall register with the Bureau or any Immigration Office nearest to their place
of residence on or before the sixtieth (60th) day of their latest arrival in the Philippines.

SEC. 108, Registration Form and Oath. ~ Applications for registration shall be under oath and in
such form as prescribed by the Bureau. Upon registration, a certificate of registration shall be
issued to the registrant. In case of loss or destruction of the certificate, a replacement certificate
may be issued by the Bureau upon proper application and payment of prescribed fees

SEC. 109. Amendment of Registration. — Registered foreign nationals shall notify the Bureau in
writing of any change of information in their registration documents not later than seven (7) days
from such change.

SEC. 110. Presentation of Certificate of Registration. — Every foreign national required to register
under this Act or the parent or guardian of such foreign national shall, upon demand by any
personnel authorized by the Commissioner, present a certificate of registration of such
individual, and failure to do so without justifiable cause shall be dealt with in accordance with
the provisions of this Act.

SEC. 111. Reportorial Requirements. ~ Every foreign national registered under this Act shall,
within the first sixty (60) days of every calendar year, report in person to the Bureau. Thé
Commissioner may exempt personal appearance of foreign nationals registered under this Act
subject to certain requirements and conditions as may be prescribed in the rules and regulations
issued for the purpose.


SEC, 112. Failure to Comply with Requirements. - A foreign national, or the parent or guardian
of the foreign national, 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 the
individual to be false, or who utilizes registration documents other than that of the individual,
shall be dealt with in accordance with the provisions of this Act and other existing laws.

SEC, 113. Cancellation of Registration af Foreign National. — In case of death of a foreign national
registered under the provisions of this Act, the legal heir, representative or administrator of the
foreign national must inform the Bureau within sixty (60) days from such death, and the Bureau
shall cancel the registration of the deceased foreign national. The Local Civil Registrar or other
civil registry officer of the locality where said foreign national died shall furnish the Bureau 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 specified in this section shall be
dealt with pursuant to the provisions of existing laws.

CHAPTER 2

BONDS AND DEPOSITS

SEC. 114, Bonds, When Required, — The Bureau shall have the authority to require cash bonds in
such amounts and under such conditions as it may prescribe in order to:

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

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

(c) ensure the appearance of foreign nationals released from custody during the course
of deportation proceedings instituted against them.

SEC. 115. Requirement of Cash Deposits for Services Rendered, - The Bureau shall likewise have
the authority to require cash deposits in such amounts as may be necessary from a vessel's
‘owner, operator, captain, master, pilot, agent, or consignee or other persons served for services
rendered as established by the implementing rules and regulations.

SEC. 116. Cancellation and Forfeiture of Bonds. - When the conditions of the bond are fulfilled,
or in case the Commissioner determines that the likelihood that a foreign national shall become
a public charge no longer exists, or in case of death of the foreign national in whose behalf the
bond is posted, the bond shall be cancelled and released to the depositor or the legal
representative of the foreign national. 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 for the removal of indigent foreign nationals and to cover the costs of
operations in locating deportes who jump bail.



CHAPTER 3
RECOGNIZANCE

SEC. 117. Petitions for Recognizance, Sanction for Breach of Conditions. - The Commissioner
may order the release of a foreign national upon recognizance of 51 the foreign nationals lawyer
or a person who is of good standing in the community, under such terms and conditions as the
Board may prescribe. Failure to comply with the terms and conditions of the recognizance shal!
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 (100,000.00), without prejudice to other
administrative sanctions or proceedings against the erring party.

CHAPTER 4
COOPERATION AND COORDINATION WITH OTHER OFFICES

SEC. 118. Working in Cooperation with the DFA. - The Bureau shall work closely and in
cooperation with the DFA for purposes of efficient implementation and administration of this
Act.

SEC. 119. Working in Cooperation with the CHED. — The Bureau shall work closely and in
cooperation with the CHED with respect to the accreditation of schools and learning centers for
enrollment of foreign students as authorized under this Act.

SEC. 120. Working in Cooperation with the Civil Aviation Authority of the 18 Philippines (CAP).
~ The Bureau shall work closely and in cooperation with the CAAP with respect to accreditation
of flying schools for the enrollment of foreign students.

SEC. 121, Coordination with Law Enforcement, Security and Other 23 Offices. - The Bureau shall
have the authority to maintain coordination with the National Security Council, the Philippine
National Police (PNP), and other law enforcement agencies of the government.

CHAPTER 5
FEES AND CHARGES

‘SEC. 122. Authority of the Board to Prescribe, Impose and Collect Fees and Charges. — The Board
is authorized to prescribe, impose, and collect fees and charges for services rendered, pursuant
to the provisions of this Act.


CHAPTER 6
ADMINISTRATIVE FINES

SEC. 123. Fine for Failing to Submit Crew List or Passenger Manifest, or Failure to Account Every
Passenger and Crew. ~ Any owner, operator, master, captain, pilot, agent, or consignee of a
vessel arriving at any port in the Philippines from a place outside thereof who fails to submit to
the immigration authorities a complete and accurate crew list or passenger manifest, or fails to
produce or account every crewmember or passenger whose name appears in said list or manifest
shall be subject to fines of One hundred thousand pesos (P'100,000.00) and Fifty thousand pesos
(50,000.00) for each unaccounted person, respectively.

SEC. 124. Fine for Violation of Obligation on the Landing or Removal of Foreign Nationals. — Any
‘owner, operator, master, captain, pilot, agent, or consignee of any vessel arriving at a port of the
Philippines from a place outside thereof having a foreign national on board 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 act or violation consisting of:

{a) Failure to prevent the landing of such foreign national in the Philippines at any time or
place other than as designated by the Immigration Officer;

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

(c) Refusal or failure to deliver a foreign national for medical or other examinations when
so ordered by an Immigration Personnel;

(d) Refusal or failure to pay the cost of maintenance and other costs, as required by this
Act, of such foreign national when temporarily removed from the vessels for examination
by order of the Immigration Officer;

(e) Refusal to receive such foreign national on board for removal from the Philippines if
the foreign national is excluded, or to pay the cost of removal as required under Sections
90 and 104 of this Act;

(f) Refusal or failure to take on board, guard safely and transport the deporte to the
foreign nationals country of destination, or to shoulder the cost of deportation of the
foreign crew member; and

(g) Making any charge against such foreign national for the cost referred to in

(d) above, or for the cost of the removal of the foreign national from the Philippines if the
latter is excluded or taking any security from the foreign national for the payment of any
such costs.


ing Undocumented Foreign National, or Foreign National
Afflicted with Communicable or Contagious Disease, or Suffering from Mental Disorder.
— The owner, operator, master, captain, pilot, agent, or consignee of the vessel arriving
at a port in the Philippines from a place outside thereof bringing on board an
undocumented foreign national shall be fined One hundred thousand pesos
(100,000.00) for each foreign national. If the foreign national is afflicted with a
communicable or contagious disease or is suffering from mental disorder, the fine shal!
be not less than Two hundred thousand pesos (200,000.00) but not more than Three
hundred thousand pesos (P300,000.00) for each foreign national.

SEC. 126. Fine for Bringing a Foreign National to Assist His Illegal Entry or
Misrepresenting a Foreign National as a Member of the Crew. — The owner, operator,
master, captain, pilot, agent, or consignee of the vessel arriving at any port in the
Philippines from a place outside thereof bringing on board a foreign national bound for
the Philippines to assist the illegal entry of the foreign national, or misrepresenting the
foreign national to the Immigration Officer at the port of arrival as a bona fide member
of the crew, shall be fined not less than One hundred thousand pesos (P100,000.00) but
not more than Two hundred thousand pesos (200,000.00) for each foreign national.

SEC. 127. Fine for an Overstaying Crewmember. — Any foreign crewmember who willfully
remains in the Philippines beyond the period allowed for temporary landing shall be fined
not less than Fifty thousand pesos (P50,000.00) but not more than One hundred thousand
pesos (P100,000.00). The owner, operator, master, captain, pilot, agent, or consignee of
the vessel shall be solidarily liable for the fine imposed on such overstaying crewmember.

SEC. 128. Fine for Assaulting an Immigration Personnel. — Any form of assault directed
to any personnel of the Bureau is an act of disrespect. In case the assault is committed by
a foreign national at the ports of entry and exit, such foreign national shall be excluded
or deported, as the case may be, and shall be fined Two hundred thousand pesos
(200,000.00) without prejudice to the right of the aggrieved Immigration Personnel to
file appropriate criminal, civil or administrative cases against such person. For purposes
of this Act, an Immigration Officer shall be considered a person in authority while in the
performance of official duty.

SEC. 129. Fine for Violation of Other Provisions of this Act. - The owner, operator,
master, captain, pilot, agent, 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
(50,000.00) but not more than Two hundred thousand pesos (200,000.00) for each
violation


CHAPTER 7
PENAL PROVISIONS

SEC. 130. Prohibited Acts and Penalties. — Any person who shall commit any of the acts
specified hereunder shall, upon conviction, suffer the penalty of imprisonment for not
less than five (5) years but not more than ten (10) years, or a fine of not less than One
hundred thousand pesos (100,000.00) but not more than Five hundred thousand pesos
(500,000.00), or both imprisonment and fine, at the discretion of the court:

(a) Impersonating another individual, or falsely appearing in the name of a
deceased individual, or evading immigration laws by using an assumed or fictitious
name when applying for an immigration document;

(b) Issuing or otherwise delivering an immigration document or an immigration
accountable form to any person not authorized by law to receive such documents;

(c) Obtaining, manufacturing, printing, accepting or using any immigration or
travel document knowing it to be false, or using an immigration accountable fonin
that is not legally issued;

(d) Entering or leaving the Philippines without inspection and admission by the
immigration authorities, or obtaining entry into or departure clearance from the
Philippines through fraud, misrepresentation, or concealment of material facts;

(e) Misrepresenting oneself to be a citizen of the Philippines;

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

(g) Bringing into, or landing in the Philippines, or concealing, harboring, employing,
or giving comfort to, any person not duly admitted by an Immigration Personnel
or not lawfully entitled to enter into or reside within the Philippines, or
attempting, conspiring with, or aiding another to commit any such acts.

Where the offender of any act specified in paragraph (g) of this section is a corporation,
partnership or other juridical entity, the president, general manager, managing partner, or chief
executive officer thereof shall be held liable. Dismissal of the employee by the employer before
or after apprehension shall not relieve such employer from any liability arising from the offense:
Provided, That if the offender is the owner, operator, master, captain, pilot, agent, or consignee,
or other person in charge of the vessel that brought the foreign national 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 game manner as fines are collected and enforced under
existing laws. Such vessel shall not be allowed to depart without prior clearance issued by the
Bureau. 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 the foreign national’s spouse and unmarried children, if
applicable.


SEC. 131. Penalty for Aiding the Escape of Detained Foreign National. — Any person who shall
be found to have helped, assisted, supported, caused or ministered the escape, including
harboring and concealing, of a foreign national shall, upon conviction, be imprisoned for not less
than five (5) years but not more than ten (10) years and a fine of not less than Two hundred
thousand pesos (200,000.00): Provided, That if the person liable is a foreign national, such
person shall be deported after service of sentence: Provided, further, That any tools, equipment,
implements or 33 vehicles used in the escape of a detained foreign national shall be destroyed
or forfeited in favor of the government.

SEC. 132. 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 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. 133. 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 in relation to any violation or circumvention of
any provision of this Act shall suffer the maximum penalty under the said Republic Act or other
laws against corruption and bribery, as the case may be.

CHAPTER 8
UPGRADING OF POSITIONS, COMPENSATION AND BENEFITS

SEC. 134. Creation of New Positions, Reclassification of Existing Positions and Upgrading of
Salary Levels. — The following positions in the Bureau are hereby created, and the existing
positions reclassified or upgraded, with the corresponding salary grade levels:

EXISTING POSITION RECLASSIFIED POSITION/ SALARY GRADE
NEWLY CREATED POSITION

From To

Commissioner Commissioner it 30 30

Deputy Commissioner Deputy Commissioner Iii 29 29

Director il, Internal Affairs Service 26

Attorney V (Board of Special Attorney V, Board of Special 25 25
Inquiry) Inquiry

Attorney IV (Board of Special | _Attorniey IV, Board of Special 23 23
Inquiry) Inquiry,

Attorney Ill (Board of Special Attorney Ill, Board of Special 21 21
Inquiry) Inquiry

‘Attorney V (Legal Division) Chief Legal Affairs Officer 25 25

Attorney IV (Legal Division) Attofney IV, Legal Division 23 23

Attorney III (Legal Division) Attorney I, Legal Division 21 21



Chief Administrative Officer | Chief Administrative Officer 24 24
(Administrative Division)
Supervising Administrative | Supervising Administrative Officer, 22 22
Officer (Administrative Administrative Division
Division)
Chief Immigration Officer Chief Alien Registration Officer 24 24
(Alien Registration Division)
Intelligence Officer v Chief Immigration Intelligence 24 24
(intelligence Division) Officer
Chief immigration Law 24
Enforcement Officer
Chief Immigration Officer | Chief immigration Operations 24 24
(Port Operations Division) Officer
Chief Immigration Officer | Chief Immigration Regulation 24 24
(Immigration Regulation Officer
Division) i
Chief Human Resource 24
Management Officer (Chief
Personnel Specialist)
‘Supervising Human Resource 22
Management Officer
Chief Administrative Officer | Chief Finance and Logistics Officer 24 24
(Finance and Management
Division)
Supervising Administrative | Supervising Administrative Officer, 22 22
Officer (Finance and | _ Finance and Logistics Di
Management Division)
Planning Officer V (Planning | Chief Planning and Research 24 24
and Policy Division) Officer
Planning Officer IV (PPD) Planning and Research Officer IV 22 22
Planning Officer Ill (PPD) Planning and Research Officer II! 18 18
Planning Officer Il (PPD) Planning and Research Officer i 15 15
Planning Officer | (PPD) Planning and Research Officer | it iL
Information Technology Chief Information and 24 24
Officer ill (Management Communications Technology
Information System Div) Officer
Information Technology | _ Information Technology Officer 19 19
Officer
Information System Analyst I! Information System Analyst Il 16 16
Supervising Immigration | _ Supervising immigration Officer 2 22
Officer (IRD, ARD, POD)
Intelligence Officer IV
Senior Immigration Officer Senidr Immigration Officer 19



Immigration Officer Il Immigration Officer Il 16 16
Intelligence Officer III i
Immigration Officer I! Immigration Officer I! 13 123
Intelligence Officer I!
‘Special Investigator I!
Immigration Officer | Immigration Officer | 11 11
Intelligence Officer |
Special investigator |
Intelligence Agent I
Immigration Assistant i
Administrative Officer V Administrative Officer V 18 18
(Administrative Officer II)
‘Administrative Officer V
(Cashier tI!)
Administrative Officer V
(HRMO II)
Administrative Officer V
(Records Officer II!)
Administré Officer V
(Supply Officer II!)
Administrative Officer V
(Procurement)
Administrati Officer V
(Management and Audit
Analyst tll)
Administr Officer V
(Budget Officer 1!)
Medical Officer Il Medical Officer Ill 21 21
Computer Programmer II Information Technology Officer | 15 15
Computer Maintenance
Technologist I
Dentist II Dentist I 17 17
Fingerprint Examiner IV Fingerprint Examiner IV 15 15
Accountant Il Accountant Il 19 19
Accountant I Accountant Il 16 16
‘Accountant | ‘Accountant | 2 12
Board Secretary V 24
Regional Programs Coordinator 22
Training Specialist I 18
Psychologist It 18
Document Examiner Ill 18
Training Specialist I 15
Project Development Officer II 15
| Psychologist It 15
Security Officer it 15
Computer Programmer | 11



Upon the recommendation of the Commissioner, and subject to existing civil service rules
and regulations, the Secretary of Justice shall reorganize, upgrade, or otherwise make
adjustments in the offices of the Bureau as required by the implementation of this Act: Provided,
That to the extent possible, the incumbent chiefs of sections and divisions whose offices are
hereby affected may be upgraded to positions of comparable rank in the reorganization:
Provided, further, That for the new positions created under this Act, the Board shall designate
the personnel thereof.

SEC. 135. Additional Grant of Benefits. - The Bureau shall provide its employees with the
following benefits:

(1) Night shift differential which shall be subject to existing guidelines; and

(2) Overtime pay for actual work rendered in accordance with the existing DBM rules and
regulations.

SEC. 136. Retention and Use of Immigration Fees, Fines and Other Income; Immigration Trust
Fund.— The Board is hereby authorized to retain and use every year thirty percent (30%) of its
collections from immigration fees, fines and penalties, and other income that may be collected
by the Bureau for the effective implementation of this Act: Provided, That the amount so retained
and used by the Board shall not exceed One billion two hundred million pesos
(P1,200,000,000.00) every year: Provided, further, That the Board shall review every three (3)
years the maximum allowable retained collections based on the needs of the Bureau under this
section, subject to the approval by the DBM: Provided, finally, That any excess in the collections
under this paragraph shall accrue to the general fund of the national government.

There is hereby created an Immigration Trust Fund (ITF) sourced from the collections
mentioned in this section. The ITF shall be administered by the Board in accordance with existing
government auditing rules and regulations, and shall be used exclusively as follows:

(a) Fifty percent (50%) for the modernization of equipment, facilities and offices used by
employees of the Bureau, including capital outlay for the establishment of new buildings
and field offices for the effective implementation of this Act;

(b) Thirty percent (30%) for the payment of employee benefits provided in this Act, and
as may be hereafter provided by the Board with the approval of the Secretary of Justice;
and

(c) Twenty percent (20%) for the further professionalization of the employees of the

Bureau including trainings, seminars and other career advancement programs.

All interest income, dividends and earnings accrued from the ITF shall also form part of
the Fund. No portion of the ITF shall revert to the general fund of the National Government,
except when the ITF is no longer necessary for the purposes for which it was established.

Collections from express lane fees under Section 11(p) of this Act shall not form part of
the ITF, and shall be used strictly in accordance with the said provision.


CHAPTER 9
TRANSITORY PROVISIONS

SEC. 137. Interim Period. - The incumbent Commissioner and the two Deputy Commissioners, if
qualified under this Act, shall continue to discharge the functions of their position unless
otherwise removed by the President. All personnel of the present Bureau of Immigration shall
continue to discharge the functions of their positions pending the reorganization as provided in
this Act.

SEC. 138, Reorganization of the Bureau. — Upon approval of this Act, all employees of the Bureau
of Immigration covered by civil service rules and regulations shall continue to hold their present
positions pending the reorganization of the Bureau in accordance with the new staffing pattern:
Provided, That the salaries, wages, allowances and other benefits of incumbent officers and
employees of the Bureau shall not be subject to diminution: Provided, further, That employees
who have been dismissed for cause shall no longer qualify for any position in the Bureau.

‘SEC. 139. Inventory and Transfer of Properties, Accounts, Assets, Liabilities and Obligations to
the Bureau. ~ 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 Bureau.

SEC. 140. Force of 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. 141. 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 any of the
provisions of this Act unless otherwise explicitly stated herein.

CHAPTER 10

ADMINISTRATION AND IMPLEMENTATION

SEC. 142. Administration and Implementation Abroad. - The administration and
implementation of this Act abroad, including the rules and regulations, and specific visa policies
or guidelines, shall be the responsibility of the DFA, with due notice to the Bureau and other
concerned agencies and offices.

SEC. 143. Implementing Rules and Regulations. — Within sixty (60) days from the effectivity of
this Act, the Commissioner shall, in coordination with the Secretaries of Justice, Foreign Affairs
and Budget and Management, promulgate the rules and regulations for its effective
implementation.

SEC. 144. Appropriations. - The amount necessary to cover the initial implementation of this Act
shall be charged against the following:

(a) Current year’s appropriation of the Bureau of Immigration; and

(b) Immigration fees, fines and other income authorized under Section 136 this Act.


Thereafter, such sums as may be needed for its continued implementation shall be
included in the annual General Appropriations Act or sourced from the Immigration Trust Fund
pursuant to Section 136 of this Act.

CHAPTER 11
FINAL PROVISIONS

SEC. 145, Separability Clause. ~ Should any provision of this Act be declared invalid, the
remaining provisions shall continue to be in force and effect.

SEC. 146. Repealing Clause. - Commonwealth Act No. 613, otherwise known as the
“Philippines Immigration Act of 1940", as amended, and Republic Act No. 750 entitled “An Act,
Designating as Special Agents of the Bureau of Immigration All Provincial, City and Municipal
Treasurers, and Providing for the Allocations to the Provincial, City, and Municipal Governments
of Ten Per Centum of Certain Fees Collected in Their Respective Territorial Limits”, are hereby
repealed. All other 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. 147. Effectivity. - This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in a newspaper of general circulation.

Approved.