SIXTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
) 
SENATE 
5;. No. 181 
Introduced by Senator Antonio "Sonny" F. Trillanes IV 
EXPLANATORY NOTE 
'serr:.'ftr 
(~ff,;" "I Ill. '~"t.t.f'~ 
'13 JUl --4 All:; 0 
The Bureau of Immigration came into existence upon the passage of Commonwealth Act No. 
613, or the "Philippine Immigration Act of 1940". This law governs the entry and admission of 
foreigners into the Philippines. Though amendments were introduced to this Act, there is a 
pressing need to modernize the Bureau of Immigration to become more responsive to the 
challenges brought about by the advancement in science and technology, and attuned to the 
current needs especially with the onset of globalization, transnational crimes, and human 
trafficking. 
Recognizing the need for a "modem, efficient and professionalized" Philippine immigration 
service, this bill seeks to reorganize the ,Bureau of Immigration by defining the functions of the 
departments under it as well as to modernize the systems and procedures on immigration in our 
country. It also seeks to create the Commission on Immgiration and strengthen its function as 
gatekeeper and a primary economic agent taking into account the duty to safeguard the country's 
national borders while fostering investments. 
The proposed measure also calls for the creation of more visa categories and privileges for 
foreign investors, providing a more friendly business environment conducive to attracting and 
increasing foreign investments into the country. It is hoped that through the said modernization, 
businessmen will be attracted, thereby contributing to the much needed _ investments in the 
country, rendering the agency as an effective agent of economic development. 
Also under this bill is the expansion of the classification of disqualified aliens and the imposition 
of penalties for aliens involved in syndicated criminal activities to enhance national security and 
ensure the safety of Filipinos. 
In view of the foregoing, immediate approval of this measure is e rnest1y sought. 
ANESIV 
Senator 


Sti'mtl' 
SIXTEENTH CONGRESS OF THE 
) 
rf}'lfl;£ of t,~t,,~ft'nht~~ 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
) 
SENATE 
HY;f 
S.No. 481 
Introduced by Senator Antonio "Sonny" F. TdIfanes IV 
PHILIPPINE IMMIGRATION ACT OF 2013 
Be it enacted by the ,Senate and House of Representatives of the Philippines 1 in Congress 
assembled: 
TITLE I 
2 
GENERAL PROVISIONS 
3 
SECTION 1. Title of the Act. - This Act shall be known as the "Philippine Immigration 
4 
Act of 2013." 
5 
SEC. 2. Declaration of Policy. - In relation to other states, the Philippines shall give 
6 
paramount consideration to national sovereignty, territorial integrity, national security, national 
7 
interest, and the right to self-detennination, as it adheres to the policy of peace, cooperation and 
8 
amity with all nations. Toward this end, Philippine immigration policies, rules and regnlations 
9 
under this Act shall be applied and administered in the promotion of' domestic and international 
10 
interests of the Philippines, in recognition of: 
11 
(a) The admission of foreign nationals for the purpose of enhancing capital investments, 
12 
trade and commerce, cultural exchanges and other fonns of friendly relations and cooperation; 
13 
(b) The need for increased technological and scientific development; 
14 
(c) Promotion of conditions for social welfare and economic security of the people; 
15 
(d) Compliance with obligations and standards set by international law in the admission 
16 
or exclusion of foreign nationals; 
17 
(e) Promoting international order and justice by denying the use of Philippine territory to 
18 
persons who are engaged or likely to engage in terrorism, human smuggling and trafficking, 
19 
criminal and other nefarious activities; 
20 
(f) Modernization of structures and mechanisms necessary for the administration of 
21 
immigration laws in keeping with the changing demands of the country's role in the global 
22 
community; and 


(g) Professionalization of the immigration service by instituting a rigid system of 
2 
screening and selection of immigration officials and employees and promoting their 
3 
development. 
4 
SEC. 3. Definition of Terms. - As used in this Act, the following terms are defined as 
5 
follows: 
6 
(a) "Admission" refers to the process by which a foreigner arriving at a port of entry in 
7 
the Philippines is allowed into the country by the immigration authorities; 
8 
(b) "Board" refers to the Board of Commissioners; 
9 
(c) "Border Control Officer" refers to any person tasked to man the border control station 
10 
as provided under Section 26 ofthis Act; 
11 
(d) "Captain" refers to the master of a vessel or pilot of an aircraft; 
12 
(e) "Child" refers to a person below eighteen (18) years of age; 
13 
(f) "Citizen" refers to any person who is a citizen of the Philippines under Section 1, 
14 
Article IV of the Constitution of the Republic ofthe Philippines; 
15 
(g) "Commission" refers to the Commission on Immigration; 
16 
(h) "Commissioner" and "Deputy Commissioner" refer to the Commissioner of 
17 
Immigration and the Deputy Commissioner of Immigration, respectively; 
18 
(i) "Commitment Order" refers to an order issued by the Commissioner under Section 7 
19 
(c) (2) of this Act that directs the detention of a foreigner after it has been determined that a 
20 
probable cause exists that he/ she committed acts and/ or omissions in violation of Philippine 
21 
immigration laws, rules and regulations, or during the pendency of deportation case against such 
22 
foreigner: Provided, That such detention shall not exceed three (3) months, unless there exists 
23 
other legal grounds for continued detention; 
24 
(j) "Consular officer" refers to any consular, diplomatic, or other officer of the 
25 
Govemment of the Philippines who has been duly granted a consular commission for the purpose 
26 
of issuing visas under this Act; 
27 
(k) "Entry" refers to the· arrival of a foreigner into any designated port of entry in the 
28 
Philippines from a place outside thereof. A foreigner having a lawful permanent residence in the 
29 
Philippines shall not be regarded as making an entry for the purpose of this Act if such foreigner 
30 
proves that hislher departure to a place outside the Philippines was for a temporary or limited 
31 
period, or hislher continued absence from the Philippines was occasioned by deportation 
32 
proceedings, extradition, or other legal process; 
33 
(1) "Exclusion" refers to the act of Immigration Officers denying admission of a foreigner 
34 
into the country on grounds provided for in this Act; 
35 
(m) "Foreigner" or "Foreign National" refers to any person not a citizen of the 
36 
Philippines; 
2 


(n) "Foundling" refers to a deserted or abandoned infant or child whose parents, guardian 
2 
or relatives are unknown; or a child committed to an orphanage or charitable or similar 
3 
institution with unknown facts of birth and parentage and registered in the Civil Registrar as a 
4 
"foundling"; 
5 
(0) "Hold Departure Order" refers to (1) a directive that commands the Commissioner to 
6 
prevent a foreigner from leaving the territorial jurisdiction of the Philippines in cases of grant of 
7 
bail and recognizance pending implementation of Summary Deportation Order, or (2) an order 
8 
implementing a directive from the President, the Senate, the House of Represrntatives, the 
9 
Department of Justice (DOJ), Regional Trial Courts, Sandiganbayan, and appellate courts to 
, 
10 
prevent a person from leaving the Philippines to any place outside thereof; 
11 
(p) "Husband" and! or "Wife" refer(s) to those regarded as such by the laws of the 
12 
country of which they are nationals but shall not include husband or wife by reason of proxy or 
13 
"picture marriage"; 
14 
(q) "Immigrant" refers to any foreign national departing from any place outside the 
15 
Philippines destined for the Philippines, other than a non-immigrant; 
16 
(r) "Immigration laws" refers to this Act and any other law presently existing or which 
17 
may hereafter be enacted relating to movement of natural persons to and from the Philippines, 
18 
and their exclusion, interception, deportation and repatriation; 
19 
(s) "Immigration Officer" refers to any person appointed under Section 28 of this Act or 
20 
any employee of the Commission designated by the Commissioner to perform the powers, duties 
21 
and functions of an Immigration Officer as specified under this Act; 
22 
(t) "Interception" refers to the act of Immigration Officers denying departure clearance to 
23 
any person leaving the country on grounds provided for in this Act; 
24 
(u) ''Non-immigrant'' refers to any foreigner departing from any place outside the 
25 
Philippines who is allowed entry and admission into the Philippines for a temporary or limited 
26 
period of stay; 
27 
(v) "Non-refoulement" refers to principle of international law which prohibits the forced 
28 
return of a refugee to the state or territory where hislher life or liberty would be threatened; 
29 
(w) "Passport" refers to document issued by the Philippine government to its citizens 
30 
requesting other governments to allow its citizens to pass safely and freely, and in case of need to 
31 
give him all lawful aid and protection; 
32 
(x) "Person" refers to natural and juridical person such as partnerships, corporations, 
33 
companies, and associations; 
34 
(y) "Port of entry" refers to any port designated by competent authority In accordance 
. 
. 
35 
with law through which a foreigner may apply to the Immigration Officer thereat tor admission 
36 
into the Philippines; 
37 
(z) "President" refers to the President of the Republic of the Philippines; 
3 


2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
(aa) "Refugee" refers to a person who, owing to a well-founded fear of being persecuted 
for reasons of race, religion, nationality, membership of a particular social group, or political 
opinion, is outside the country of hislher nationality, and is unable or, owing to such fear, is 
unwilling to avail of the protection of that countrY; or who, not having a nationality and being 
outside the country of hislher former habitual residence, is unable or, owing to such fear, is 
unwilling to return to it; 
(bb) "Seaman," "Seafarer" or "Crewmember" refers to a person actually employed in the 
operation or service in any capacity on board a vessel; 
(cc) "Secretary" refers to the Secretary of the Department of Justice; 
(dd) "Stateless Person" refers to a person who is not considered as a national by any State 
under the operation of its laws; 
(ee) "Travel document" refers to a certification or identifYing document containing the 
description and other personal circumstances of its bearer, issued for direct travel to and from the 
Philippines valid for short periods or a particular trip. It is issued only to persons whose claim to 
Philippine citizenship is doubtful or who fall under the category enumerated in Section 13 of 
Republic Act No. 8239, otherwise known as "The Philippine Passport Act of 1996"; 
(ff) "Vessel" refers to all means of conveyances, whether aircraft or sea craft; 
(gg) "Visa" refers to an endorsement on a passport or any travel document issued by a 
Consular Officer abroad authorizing the holder thereof to proceed to a designated Pfrt of entry in 
the Philippines and there to apply for entry and admission under the status specified therein; or 
I 
immigration status granted and! or issued to foreigners by the Commissioner or the Board under 
this Act; and 
(hh) "Watchlist Order" refers to an order issued by the Commissioner under Section 7 (c) 
(4) of this Act that requires immigration persomlel to monitor and/or prevent the departure of any 
person for a period of fifteen (15) days, extendible for another fifteen (15) days, and to notify 
concerned govemment or law enforcement agencies, when hislher presence is required in 
criminal or legislative proceedings or he/she poses or may pose a threat to national security, 
public health or public safety. 
30 
TITLE II 
31 
COMMISSION ON IMMIGRATION 
32 
CHAPTER 1 
33 
THE COMMISSION 
34 
SEC. 4. Creation. - The Commission on Immigration is hereby created. It shall be 
35 
principally responsible for the administration and enforcement of this Act, and the 
36 
implementation of all laws, rules, regulations or orders of any competent authority concerning 
4 


the entry and admission into, stay in, and the departure from the Philippines of all persons. The 
2 
Commission shall be under the general supervision of the Office of the President. 
3 
SEC. 5. Composition and Qualification. - The Commission shall be administered by the 
4 
Board headed by the Commissioner as Chairperson, and four (4) Deputy Commissioners as 
I 
5 
members, all of whom 'shall be natural-born citizens of the Philippines and, at the 'time of their 
6 
appointment, at least thirty-five (35) years of age, holders of a college degree and with proven 
7 
capacity for administration: Provided, That the majority or three (3) members including the 
8 
Chairperson of the Commission shall be members of the Philippine Bar in good standing for at 
9 
least five (5) years. 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
CHAPTER 2 
THE COMMISSIONER 
SEC. 6. Appointment and Rank of the Commissioner. - The Commissioner shall be 
appointed by the President and shall have the same rank, salary, and privileges of an 
Undersecretary of a Department. 
SEC. 7. Powers and Functions of the Commissioner. - In addition to the duties as 
Chairperson of the Board, the Commissioner shall exercise the following powers and functions: 
(a) Supervise, direct and coordinate the overall operations of the Commission; 
(b) Appoint, and exercise control and supervision over, the officers and personnel of the 
Commission, subject to existing civil service laws, rules and regulations; 
(c) Issue, (1) letter orders after determination of the existence of probable cause; (2) 
commitment or release orders; (3) warrant of deportation; (4) watchlist orders; (5) hold departure 
orders; (6) allow entry or departure orders; (7) blacklist orders; and (8) orders implementing 
watchlist orders issued by the Department ofJustice; 
(d) Delegate authority to subordinate officers and employees of the Commission, except 
with regard to powers and functions enumerated in the immediately preceding paragraph, which 
may be delegated only to the Deputy Commissioners; 
(e) Act on applications for issuance and revocation of immigrant visas; 
(f) Act on petitions for declaration of indigency; 
(g) Declare such control posts, landing places, airports or ports as points of I en try or exit, 
whether limited or unlimited; 
. 
I 
(h) Increase, reduce or waive immigration fees, fines, penalties and other charges; 
(i) Participate as member of the Special Committee on Naturalization pursuant to Section 
6 of Republic Act No. 9139 otherwise known as "The Administrative Naturalization Law of 
2000"; Act on applications for retention or reacquisition of citizenship under Republic Act No. 
9225 otherwise known as "Citizenship Retention and Re-acquisition Act of 2003" ; 
5 


(k) Issue Certificate of Identification to foreigners who have obtained Filipino 
2 
citizenship; 
3 
(I) Issue letter orders and permits to carry firearms, ammunition and communications 
4 
equipment to authorized immigration operatives for use in enforcement operations and in the 
5 
execution of warrants: Provided, That such firearms and ammunition are owned and issued by 
6 
the Commission; 
7 
(m) Inspect the documents, premises and records of persons covered by this Act; 
8 
(n) Deputize any official or employee of the national govemment and local government 
9 
units, including uniformed personnel of the Armed Forces of the Philippines, the Philippine 
IoN ational Police and the Philippine Coast Guard to perfonn Immigration duties and functions 
II 
subject to the concurrence of the Board; 
12 
(0) Authorize and prescribe the forms and the amount of cash bonds for the Provisional 
13 
release of respondents in deportation proceedings; 
14 
15 
(P) 
Impose reasonable fines and penalties for violation of immigration and Alien 
registration laws in accordance with this Act and the gnidelines adopted by the Commission; 
(q) Provide an express lane for the rendition of services upon payment ofp)escribed fees 
by airlines/shipping companies or other persons served and to deposit in a' government 
authorized depository bank all such fees received under a trust fund that may be made available 
for the payment of allowances to employees of the Commission, subject to existing accounting 
16 
17 
18 
19 
20 
and auditing rules and regnlations; 
21 
(r) Accept donation of materials, equipment or technical services from any Foreign 
22 
government, international or domestic organization, to upgrade the efficiency and operations of 
23 
the Commission; 
24 
(s) Submit to the President and Congress, annually or as may be directed, a report on the: 
25 
number and status of foreigners in the Philippines; foreigners admitted or granted change of 
26 
status as permanent residents; foreigners who have been excluded or deported from the 
27 
Philippines; estimated number of illegal foreigners in the Philippines in each calendar year and 
28 
actions taken to arrest them, by nationality grouping, for each region in the Philippines; and such 
29 
other transactions 
30 
of the Commission; 
31 
(t) Prepare and submit supplemental budget of the Commission for the consideration of 
32 
the Department of Budget and Management; 
33 
(u) Prescribe such rules, regnlations or other administrative issuances to carry out the 
34 
provisions of this Act; 
35 
(v) 
Prescribe the appropriate forms, bonds, reports, entries and other papers in 
36 
accordance with this Act; 
37 
(w) Perform such other functions inherent to the Commission; and 
6 


(x) Act on applications for recognition of Philippine citizenship on foundlings. 
2 
3 
CHAPTER 3 
4 
THE DEPUTY COMMISSIONERS 
5 
SEC. 8. Appointment and Rank of Deputy Commissioners. - There shall be four (4) 
6 
Deputy Commissioners who shall be appointed by the President. They shall have the same rank, 
7 
salary and privileges of an Assistant Secretary of a Department. 
8 
Provided, that a plantilla for one (1) Deputy Commissioner shall be created which shall be 
9 
occupied by a career officer from the Commission. 
10 
SEC. 9. Duties of Deputy Commissioners. - In addition to their duties as Members of 
11 
the Board, the Deputy Commissioners shall exercise additional powers, subject to the approval 
12 
of and as may be assigned by the Board, in the following areas of concern as: 
13 
(a) Deputy Commissioner for Administration, Finance, Planning, Legal and Information 
14 
and Communications Technology; 
15 
(b) Deputy Commissioner for Regional Operations, Registration, Immigration Regulation 
16 
and Visa and Special Permit; 
17 
(c) Deputy Commissioner for Intelligence, Enforcement, Fraud Prevention and 
18 
Complaint and Prosecution; and 
19 
(d) Deputy Commissioner for International Policies, Cooperation and Social Integration. 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
CHAPTER 4 
THE BOARD OF COMMISSIONERS 
SEC. 10. Powers and Functions of the Board. - The Board shan-have the following 
powers and functions: 
(a) Decide on deportation cases; 
(b) Act on appeals on decisions promulgated by immigration hearing officers; 
( c) Act on applications or recommendations for revocation of immigration slatns; 
(d) Act on. applications for recognition of Philippine citizenship by reasdn of birth or 
marriage; 
(e) Act on applications for recognition of Philippine citizenship of foundlings; 
(1) Decide on applications for legalization of residence in accordance with law; 
(g) Prescribe and promulgate rules of proceedings before it; 
(h) Cite and punish for contempt any person in accordance with the Rules of Court; 
(i) Prepare and publish operations manual and rules of procedure, including schedule of 
fees, for an transactions entered into by the Commission with the public; 
(j) Formulate policies, directives, programs and projects ofthe Commission; and 
7 


(k) Perform such other powers and functions as provided by existing laws, rules and 
2 
regulations not inconsistent with any of the provisions of this Act. 
3 
SEC. 11. Decisions of the Board. - In all cases or proceedings before the Board, the 
4 
decision of the majority shall prevail. Decisions of the Board shall become final and executory 
5 
fifteen (15) days from receipt thereof. Only one (1) motion for reconsideration shall be filed 
6 
with the Board.Decisions in deportation cases may be appealed to the Office of the President 
7 
within fifteen (15) days from receipt thereof, whOse decision shall be final and executory unless 
8 
stayed by an order of the Court of Appeals. The appeal shall stay the execution of the decision 
9 
appealed from unless the Board, in the interest of national security andlor public safety, directs 
10 
its execution pending appeal. 
11 
SEC. 12. Period for Decision by the Board. - The Board shall decide deportation cases 
12 
within thirty (30) days from the date they are submitted for decision or resolution. ! 
13 
SEC. 13. Meetings of the Board. - In all cases, the Board shall convene and1act as a 
14 
collegial body in all' matters referred to in Section 10 of this Act. The Board shall meet at least 
15 
once a week or, if necessary, twice a week. Members of the Board shall be notified accordingly 
16 
and the presence of the Chairperson and two (2) members shall constitute a quorum. 
17 
SEC. 14. Board Secretary. - The Board shall be assisted by a Board Secretary who 
18 
shall be appointed by the Commissioner. Hel she must be a member of the Philippine Bar in 
19 
good standing for at least three (3) years prior to hislher appointment. Hel she shall keep a 
20 
docket book for 
deportation cases, applications for 
revocation 
of immigration status, 
21 
applications for recognition of Philippine citizenship by reason of birth or marriage, applications 
22 
for legalization of residence and applications for refugee status. 
23 
24 
CHAPTERS 5 
25 
THE EXECUTIVE DIRECTOR 
26 
SEC. 15. Appointment and Tenure - There shall be an Executive Director of the 
27 
Commission who shall be appointed by the President, and whose term shall be co-terminous with 
28 
the Commissioner. Helshe must be a natural-born citizen of the Philippines, at least thirty (30) 
29 
years of age and a member of the Philippine Bar in good standing for at least five (5) years prior 
30 
to hislher appointment. 
31 
SEC. 16. Powers and Duties. - The 'Executive Director shall: 
32 
(a) Advise and assist the Commissioner m the formulation and Implementation of 
33 
the objectives, policies, plans and programs of the Commission; 
34 
(b) Oversee all the operational activities of the Commission; 
35 
(c) Coordinate the programs and projects of the Commission and be responsible for its 
36 
economical, efficient and effective administration; 
8 


(d) 
Administer oaths in connection with all matters relating to the business of the 
2 
Commission; and 
3 
( e) Perfonn such other duties as may be assigned by the Commissioner. 
4 
5 
CHAPTER 6 
6 
THE BOARD OF SPECIAL INQUIRY 
7 
SEC. 17. Constitution of Boards of Special Inquiry. There shall be constituted as many 
8 
Boards of Special Inquiry as required in the exigency of service but not more than twelve (12). 
9 
Each Board shall be composed of a Chairperson and two (2) members. The Board shall be 
10 
designated according to their areas of specialization to be detennined by the Board. 
11 
SEC. 18. Appointment and Qualification of the Chairpersons and Members of the 
12 
Boards of Special Inquiry. - The Chairpersons and members of the Boards of Special Inquiry 
13 
shall be appointed by the Commissioner, all of whom shall be natural-born citizens of the 
14 
Philippines and, at the time of their appointment, at least thirty (30) years of age, members of the 
15 
Philippine Bar in good standing, and engaged in the practice of law for at least three (3) years. 
16 
They shall hold office during good behavior, unless sooner removed for cause. 
17 
SEC. 19. Powers and Functions of the Boards of Special Inquiry. - The Boards of 
18 
Special Inquiry shall: 
19 
(a) Administer oaths; 
20 
(b) Cite and punish for contempt in accordance with the Rules of Court; 
21 
(c) Issue subpoena in cases being heard by the Board of Special Inquiry; 
22 
(d) Recommend to the Board the imposition, waiver or reduction of fees, fines, 
23 
penalties and other charges subject to existing laws, rules and regulations; 
I 
24 
(e) Exercise exclusive original authority to hear and recommend to the Boarql for 
25 
final resolution the following cases: 
26 
(1) Deportation; 
27 
(2) Applications for revocation of immigration status; 
28 
(3) Applications for recognition of Philippine citizenship by reason of birth or marriage; 
29 
(4) Applications for legalization ofresidence in accordance with law; 
30 
(5) Application for issuance of visa for stateless person; and 
31 
(f) Perform such other duties and functions as may be directed by the Commissioner. 
32 
SEC. 20. Proceedings Before the Boards of Special Inquiry. - The proceedings before 
33 
the Boards of Special Inquiry shall be public and recorded. In all cases, the Boards of Special 
34 
Inquiry shall meet and act as a collegial body. Only members of the Philippine Bar in good 
35 
standing shall appear for and in behalf of any party before the Boards of Special Inquiry. 
9 


SEC. 21. Resolutions of the Boards of Special Inquiry. - Cases before the Boards of 
2 
Special Inquiry shall be resolved within five (5) working days from the date the same are 
3 
submitted for resolution. Said resolution shall be submitted immediately to the Board for action. 
4 
5 
6 
CHAPTER 7 
DIVISIONS OF THE COMMISSION 
7 
SEC. 22. 
Divisions and Other Operating Offices of the 
Commission. - The 
8 
Commission shall have the following divisions and other operating offices, I namely: (1) 
9 
Administration; (2) Finance; (3) Information and Communications Technology;J(4) Planning 
10 
and 
Research; (5) 
International 
Policies 
and 
Cooperation; (6) 
Social Integration; (7) 
Jl 
Intelligence; (8) Law Enforcement; (9) Fraud Prevention; (IO) Legal; (II) Immigration 
12 
Regulation; (12) Registration; (13) Visa and Special Permit; (14) Complaint and Prosecution; 
13 
(15) Internal Audit Office; (16) National Operations Center; and (17) Immigration Academy of 
14 
the Philippines. 
15 
SEC. 23. Heads of the Divisions and Other Operating Offices. - Each Division and 
16 
other operating offices shall be headed by a Director to be appointed by the Secretary, upon 
17 
recommendation of the Commissioner: Provided, however, That Directors for the Division for 
18 
Legal and the Division for Complaint and Prosecution shall be members of the Philippine Bar in 
19 
good standing, and must have been engaged in the practice oflaw for at least three (3) years. The 
20 
Director for Finance Division shall be a Certified Public Accountant in good standing for at least 
21 
three (3) years. 
22 
SEC. 24. Duties and Functions of the Divisions and Other Operating Offices. - The 
23 
different divisions and other operating offices of the Commission shall Operate in accordance 
24 
with their respective duties and functions as defined by the Commissioner, subject to 
the 
25 
requirements 
of efficiency, economy, transparency, Accountability and effectiveness, and 
26 
pertinent budget and civil service laws, rules and regulations. 
CHAPTERS 8 
REGIONAL OFFICES 
27 
28 
29 
30 
31 
SEC. 25 Field Offices of the Commission.- The Commission sh 
all operate and 
32 
Maintain a Regional Immigration Office in each of the administrative regions including he 
33 
National Capital Region. the Regional Immigration Offices of the Commission shall each be 
34 
headed by a Regional Immigration Officer, all of whom shall be appointed by the Skretary upon 
, 
: 
35 
the recommendation of the Commissioner. 
36 
SEC. 26. Border Control Stations - There shall be established Border Control Stations 
37 
which shall be manned by Border Control Officers appointed by the commissioner. The Border 
10 


Control Stations shall be placed in specific areas in the Philippines which shall be determined by 
2 
the Board. Their duties and responsibilities shall be determined by the Commissioner. 
3 
SEC, 26. Border Control Stations - There shall be established Border Control Stations 
4 
which shall be manned by Border Control Officers appointed by the Commissioner. The Border 
5 
Control Stations shall be placed in specific areas in the Philippines which shall be determined by 
6 
the Board. Their duties and responsibilities Shall be detennined by the Commissioner. 
7 
SEC, 27. Changes in the Composition, Distribution of Assignment of Regional 
8 
Offices. - The Commissioner may make changes in the composition, distribution and 
9 
Assignment of Regional Offices, as well as its personnel, based on the demographics of the 
10 
Philippines' foreigner population and as the exigency of the service requires. 
11 
SEC, 28. Immigration Officers. - The position of Immigration Officer is hereby created. 
12 
No person shall be appointed to the position of Immigration Officer unless he is a holder of a 
13 
bachelor's degree and a first grade civil service eligible. The Immigration officers shall perform 
14 
the following duties: 
15 
(a) Examine, with the assistance and advice of medical authorities in appropriate cases-
16 
foreigners at the port of entry concerning their admissibility to enter and their qualifications to 
17 
remain in the Philippines; 
18 
(b) Exclude foreign nationals not properly documented, and to admit foreign nationals 
19 
complying with the applicable provisions of immigration and related laws; 
20 
(c) Administer oaths in connection with the perfonnance of their duties; 
21 
(d) Search for foreign nationals on any vessel believed to be used to illegally bring 
22 
foreign nationals into the Philippines, and to arrest without warrant any foreigner who in his 
23 
presence or view is entering or is about to enter the Philippines in violation of immigration and 
24 
related laws, rules and regulations; 
25 
(e) Act as control officer with authority to prevent the departure of passengers not 
26 
complying with departure requirements; and 
27 
(f) Perform such other functions as may be assigned by the Commissioner from time to 
28 
time. 
29 
SEC. 29. Designation of Employees. - The Commissioner may designate, in ccordance 
30 
with civil service laws, rules and regulations, any competent and qualified employee of the 
31 
Commission, to act as immigration officer or assign any employee to other offices within the 
32· Commission and/ or assign him/her additional or other duties as the best interest or exigency of 
33 
the service may require. 
34 
SEC, 30. Assignment of Employees to do Overtime Work.- The Commissioner may 
35 
assign immigration employees to do overtime work or services pursuant to rules and regulations 
36 
to be prescribed and at the rates fixed by the Commissioner when thework or service to be 
37 
rendered is to be paid by the airline, shipping companies or other Persons served. 
11 


SEC 31. Deployment of Immigration Personnel Abroad.-Within ninety (90) days 
2 
from the affectivity of this Act, the Department of Foreign Affairs and the Commission shall 
3 
enter into a Memorandum of Agreement pertinent to the assigrnnent and deployment of 
4 
immigration personnel to select consular posts abroad who shall perform immigration duties, 
, 
I 
5 
except diplomatic and consular functions. 
I 
6 
SEC 32. Manning Levels - On the average, the manning levels of immigration 
7 
officers of the Commission nationwide shall be in accordance with the number of arrivals in 
8 
each port of entry as determined by the Board: Provided, That the number of employees, as 
9 
provided in the staffing pattern in accordance with Section 130 of the Act, shall not be decreased. 
10 
11 
TITLE III 
12 
IMMIGRATION 
13 
CHAPTER I-NON-IMMIGRANTS 
14 
SEC 33. Categories of Non-immigrants and Types of Visa Issued.-Foreign nationals 
15 
departing from any place outside the Philippines who are otherwise admissible and who qualify 
16 
under anyone of the following categories maybe admitted as non-immigrants: 
17 
(a) Temporary visitors (A Visas): Visitors coming to the Philippines for a temporary 
18 
period for reasons of business, pleasure or health: ' 
19 
1. Business (A-! visa): Temporary visitors engaged in activities of a 
Commercial 
20 
or professional nature for a foreign employer or for themselves that will not result in gainful 
21 
Employment in the Philippines. as used herein, the term "business" refers to conventions, 
22 
conferences, consultations and other legitimate activities of a commercial or a 
professional 
23 
nature, but does not include local employment or labor for hire; 
24 
2. Pleasure (A-2 visa): Temporary visitors who stay in the Philippines for holiday, 
25 
including sightseeing, recreation or visiting relatives; and 
26 
3. Health (A-3 visa): Temporary visitors who stay in the Philippines to avail of medical 
27 
treatment. 
28 
(b) Transit Persons (B Visa): Persons passing through the Philippines solely for a "stop 
29 
over" who have a confirmed connecting flight to another country or passengers in immediate and 
30 
continuous transit to a destination outside the Philippines; 
31 
(c) Crew members (C Visa): Members of the crew of vessels required for the normal 
I 
32 
operation and serVicing of the vessels who come to the Philippines temporarily as part of their 
33 
jobs either arriving with or coming to join the vessels; 
34 
(d) Treaty Traders (D-l Visa) and Treaty Investors (D-2 Visa): Citizens and their family 
35 
members from a country that has a trade treaty with the Philippines and coming to work in the 
36 
Philippines for either a company they own or one that is at least fifty percent (50%) owned by 
37 
nationals of their home country and which company is engaged in substantial trade between the 
12 


Philippines and their home country shall be granted a D-l visa. citizens of a country that has an 
2 
investor treaty with the Philippines, and their family members, and coming to work in the 
3 
Philippines for a business they own or one that is at least fifty percent (50%) owned by nationals 
4 
of their home country and which business is supported by a substantial investment from nationals 
5 
of their home country shall be granted a D-2 visa; 
(e) 
Accredited 
Foreign 
Government 
6 
Officials, Their Families and Attendants (E Visas): Foreign government officials, their families 
7 
and attendants coming to 
the country for 
official purpose, pursuant to 
international 
8 
conventions and bilateral agreements, shall be granted E Visas divided into three (3) types, 
9 
namely: 
10 
1. 
Persons entitled to E-l Visa: The E-l Visa shall be issued to persons enjoying 
11 
diplomatic immunities and privileges, particularly the following classes of foreign nationals: 
12 
a. Heads of the State and Heads of Government and their personal representatives; 
13 
b. Members of reigning royal families recognized by the Philippine government; 
14 
c. Governors-General, Governors, and High Commissioners of dependent 
15 
territories and their personal representatives; 
16 
d. Cabin<:t ministers and their deputies and officials with cabinet rank bf ministers; 
17 
e. Presiding officers of national legislative bodies; 
18 
f. Justices or judges of the highest national judicial bodies; 
19 
g. Diplomats and career consular officials; 
20 
h. Diplomatic couriers regularly and professionally employed as such; 
21 
i. Military, naval, air and other attaches assigned to a diplomatic 
22 
Mission; 
23 
j. All members of official special missions of a diplomatic character; 
24 
k. Officials of international organizations bearing diplomatic passports when 
25 
raveling on official business; 
26 
I. Representatives of international organizations who have diplomatic status and 
27 
bearing diplomatic passports issued by their governments; 
28 
m. Members of delegations proceeding to or from an international conference of 
29 
an official or diplomatic nature; 
30 
n. Accompanying spouses and unmarried minor children of foreigners within the 
31 
above-mentioned categories; and 
32 
o. Such other officials going to the Philippines on diplomatic missions. 
33 
2. Persons entitled to E-2 Visa: The E-2 visa shall be issued to any other person not 
34 
included in the foregoing list, who is an officer of a foreign government recognized by 
35 
the Philippines, is a national of the country whose government he represents, and is 
36 
proceeding to the Philippines iu connection with official business for his/her government. 
37 
This category includes, inter alia, the members of the staff of a diplomatic mission or 
13 


, 
consular post, the staff of international organizations, and official students dr participants 
2 
in program.s under the auspices of the Philippine Government or recognized international 
3 
Institutions. The family members of the above-mentioned persons shall also be issued E-
4 
Visa. 
5 
3. Persons entitled to E-3 Visa: The E-3 Visa shall be issued to the members of the 
6 
household, the attendants, servants and employees of persons to whom E-I and E-2 visas have 
7 
been granted; 
8 
(f) Students (F Visa): Foreign students having means sufficient for their support and 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
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 I seminary, academy or 
college accredited for such foreign students by the Commission on Higher Education in 
collaboration with the Commission. their collaboration shall include the monitoring of the status 
of activities of such foreign students in the Philippines; 
(g) Prearranged Employment (G Visa): Foreign nationals coming to the Philippines on 
prearranged employment, including their family members accompanying or following to join 
them within the period of their employment. This category includes intra-company transferees, 
professionals, performing artists, athletes, and cultural exchange workers under a work exchange 
program; 
(h) Religious Workers (H Visa): Duly ordained or professional missionaries and 
religious ministers, including members of their family, coming to the Philippines to join a 
religious congregation or denomination duly registered with the Securities and exchange 
Commission, upon invitation, sponsorship or guarantee of such religious congregation or 
denomination, solely for the purpose of propagating, teaching and disseminating their faith or 
religion; 
(i) Representatives of International Organizations and Government Agencies (I Visa) 
Officials, principal representatives and foreign workers of accredited international organizations 
as well as missions, including their family members, staff and servants. The tenh "accredited 
international organization" includes any public international organization in the I 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 affectivity 
of this Act. The term "staff'1 includes the employees of persons to whom the E-3 visa has been 
granted; 
(J) Media Workers (J Visa): Foreign media personnel or correspondents, duly accredited 
by the government agency concerned, who are bona fide representatives of a foreign press, radio, 
14 


satellite, television, film, or other information media, and are coming to the Philippines solely to 
2 
engage in gathering information principally for dissemination abroad, including their family 
3 
members accompanying or following to join them during the period of the assignment in the 
4 
Philippines; 
5 
(k) Exchange Visitors (K Visa): Foreign nationals entering the Philippines to teach, 
6 
study, observe, conduct research or receive training in a specific Exchange Visitor Program duly 
7 
approved by the Philippine Government; 
(I) Refugees (L-l Visa) and Stateless Persons (L-2 
8 
Visa): Refugees as defined in Section 3 (z) hereof shall be issued L-l Visa. Stateless persons, 
9 
whose admission for humanitarian reasons. and not inimical to public interest has been approved 
10 
by the Commissioner or the President in such cases and under such conditions as he may 
11 
prescribe, shall be issued L-2 Visa; and 
(m) Special Non-Immigrants (M Visas): Such other 
12 
foreign nationals Inclu~ing their family members who may be admitted as non-imn:iigrants under 
13 
special laws or foreign nationals not otherwise provided for by this Act who are coming for 
14 
Temporary periods only, and whose admission is authorized by the Commissioner or 
15 
the President in the interest of the public or for humanitarian considerations and under 
16 
such conditions as he may prescribe. 
17 
SEC 33-A. Visa Policy. - The policies governing the issuance, extension, renewal and 
18 
conversion of visas referred to in Section 33 hereof shall be jointly formulated by the 
19 
Commission and the Department of Foreign Affairs and, when appropriate, the Commission and 
20 
the Department of Foreign Affairs shall consult with the concerned government agencies or 
21 
offices relative thereto. Any visa policy or guidelines to be implemented abroad shall be done by 
22 
the Department of Foreign Affairs, with due notice to the Commission and other concerned 
23 
agencies and! or offices. 
24 
SEC. 33-B. Visa Issuance Overseas.-All non-immigrant visas issued outside of the 
25 
Philippines shall be done by Consular Officers of the Department of Foreign Affairs duly 
26 
assigned at Philippines posts abroad. Immigrant visas, whenever issued abroad, shall be done by 
27 
the Consular Officers upon the approval of the Commission through the Department of Foreign 
28 
Affairs. 
29 
30 
CHAPTER 2 
31 
IMMIGRANTS 
32 
SEC. 34. Quota Immigrants. - Subject to conditions set forth in this Act, there may be 
33 
admitted into the Philippines, immigrants, otherwise known as "quota immigrants", not to 
34 
exceed two hundred (2001 of anyone nationality based on immigration reciprocity for anyone 
35 
calendar year and upon allotment by the Commissioner of the corresponding quota number. In 
36 
the allotment of quota numbers, the following order of preference shall be observed: 
15 


(a) First Preference: Those whose service and qualifications show high educational 
2 
attainment, technical training, specialized experience, or exceptional ability in the sciences, arts, 
3 
professions, or business as would reasonably enhance and contribute substantial benefits 
4 
prospectively to the national economy, or cultural or educational interests or welfare of the 
5 
Philippines, including their family members, 
6 
Accompanying or following to join them, who shall likewise be allotted individual quota 
7 
numbers; 
8 
(b) Second Preference: Parents of a naturalized Philippine citizen; 
9 
(c) Third Preference: Spouses or minor children of foreign nationals who are lawful 
10 
permanent residents of the Philippines; and 
11 
(d) Fourth Preference: Parents of foreign nationals who are lawful permanent residents 
12 
ofthe Philippines. 
13 
SEC 35. Allotment of Quota. - The Commissioner shall, with respect to the first 
14 
preference, allot not more than fifty percent (50%) of the annual quota allotment up to the end of 
15 
June each year: Provided, however, That if the fifty percent (50%) is not utilized by the first 
16 
preference, the balance thereof shall be given to the second, third, and fourth preferences in 
17 
accordance with Section 34 of this Act. Any unused quota allotment for a calendar year cannot 
18 
be carried over and utilized for the ensuing calendar year. 
19 
SEC. 36. Basis in Determination of Quota Allotment. - The nationality of an 
20 
immigrant whose admission is subject to the numerical limitation imposed by Section 34 of this 
21 
Act shall be that of the country of which the immigrant is a national or a citizen. The nationality 
22 
of an immigrant possessing dual nationality may be that of either of the two countries regarding 
23 
himlher as a national 0: citizen if hel she applies for a visa in a third country. If htl she applies 
24 
for a visa within one of the two countries regarding himlher as a national or citizen, hislher 
25 
nationality shall be that of the country in which hel she files hislher application for a visa to 
26 
enter the Philippines. 
27 
SEC. 37. Non-Quota Immigrants. - The following immigrants, known as "non- quoin 
28 
immigrants", may be admitted without regard to numerical limitation and immigration 
29 
reciprocity: 
30 
(a) The spouse of a Philippine citizen: Provided, however, that the abandonment and 
31 
failure to give support by a foreign spouse to hislher Filipino spouse and family, legal separation, 
32 
or termination of the marital status by annulment, declaration of nullity of marriage or divorce 
33 
where the cause is attributable to the foreign spouse, shall constitute grounds for cancellation of 
34 
the immigrant visa issued to the foreign spouse; 
35 
(b) A person of Filipino descent regardless of generation; 
36 
(c) A child born to a foreign Il)other during her temporary visit abroad, the 
16 


Mother being a lawful permanent resident of the Philippines, if accompanied by or coming to 
2 
join the mother who applies for admission within five (5) years from the birth of the child; 
3 
(d) A child born subsequent to the issuance of an immigrant visa to the accompanying 
4 
parent, the visa not having expired or revoked; 
5 
(e) A foreign national who had been previously lawfully admitted into the Philippines for 
6 
permanent residence who is returning from a temporary visit abroad to an relinquished residence 
7 
in the Philippines; and 
8 
(f) A natural-born citizen who becomes a naturalized citizen of a foreign c10untry and is 
9 
returning to the Philippines for permanent residence therein, including hislher spou,se and minor 
, 
10 
'children accompanyjng or following to join himlher, except the one who has reacquired or 
II 
retained his/her Philippine citizenship pursuant to Republic Act No. 9225. 
12 
SEC. 38. Status of Children Born to Foreign Nationals. - (a) A child born in the 
\3 
Philippines to parents who are foreign nationals and lawful residents of the Philippines shall be 
14 
deemed a native 'born permanent resident. (b) A child born to parents who are both non-
IS 
immigrants shall be deemed a native-born non-immigrant or temporary resident and may remain 
16 
in the Philippines only during the period of authorized stay of the parents, unless he/she reaches 
17 
the age of eighteen (18) years while continuously residing in the Philippines, in which case 
18 
he/she may apply for naturalization under existing laws or for an appropriate visa. 
19 
20 
CHAPTER 3 
21 
ADJUSTMENT OF STATUS 
22 
SEC 39. Conditions for Adjustment of Status of Foreign Nationals. - The status of a 
23 
foreign national admitted into the Philippines as non-inunigrant may be adjusted by the Board to 
24 
that of a foreigner lawfully admitted as a permanent resident if: (a) the foreigner makes an 
25 
application for such adjustment; (b) the foreigner is eligible to receive a quota or non-quota 
26 
immigrant visa and is admissible to the Philippines as a permanent resident: and (c) a quota 
27 
immigrant visa, if such is the case, is immediately available to him/her at the time of hislher 
28 
application, without the need of first departing from the Philippines. In all such cases, the 
29 
personal appearance of the foreigner shall be required during the consideration of his/her 
30 
application. 
31 
SEC 40. Effect of Approval of Application for Adjustment. - Upon the approval of an 
32 
application for adjustment of status under the preceding section, the Commissioner shall 
33 
record the foreign national's lawful admission as a permanent resident as of the date of the 
34 
approval of the application and shall be included as part of the quota for the calpndar year in 
. 
. 
35 
accordance with Section 34 of this Act. . 
36 
SEC 41. Adjustment of Status, When Not Allowed. - Adjustment of status under Section 
37 
39 of this Act shall not be applicable to (a) a foreign crewmember, (b) a foreign national who has 
17 


violated or is in violation of immigration laws, rules and regulations unless the same is through 
2 
no fault of hislher own or for purely technical reasons, (c) a foreign national admitted as a 
3 
temporary visitor without visa, and (d) transients. 
4 
5 
CHAPTER 4 
6 
DOCUMENTATION AND ADMISSION OF NON-IMMIGRANTS 
7 
SEC. 
42. Documentary Requirements of Non-immigrants. - Non-immigrants must 
8 
present for admission into the Philippines valid passports issued by the governments of the 
9 
countries to which they owe allegiance to or other travel documents showing their nationality 
10 
and identity as prescribed by regulations and a valid visa granted by the Philippine Consular 
11 
Officer, if 
required under existing laws, rules, regulations, or multi-lateral or bilateral 
12 
agreements. 
13 
SEC. 43. Conditions and Period of Authorized Stay of Temporary Visitors. -The initial 
14 
period of authorized stay of a foreign national admitted as a temporary visitor under Section 33 
15 
of this Act shall not exceed two (2) months from the date of arrival. Extensions of authorized 
16 
stay may be granted under terms and conditions as ay be prescribed by the Commissioner; 
17 
Provided, That the total period of authorized stay shall not exceed twenty-four (24) months; 
18 
Provided further, That during the foreign national's authorized stay; (a) he/she shall not take any 
19 
employment, whether paid or unpaid; (b) he/she shall not establish or join in any bysiness; or (c) 
20 
he/she shall not enroll and become a student at a school, college, university, acadeniy, or other 
I 
21 
Educational institUtion, unless he/ she is granted, upon proper application, a conversion to 
22 
another immigration status provided under this Act. 
23 
SEC. 44. Conditions for Issuance of Pre-arranged Visas. - A foreigner who is coming 
24 
to the Philippines for prearranged employment shall not be issued a non-immigrant visa referred 
25 
to in Section 33 (g) until the Consular Officer shall have received authorization for the issuance 
26 
of the same. Such authorization shall be given only upon the filing of a petition with. the Board 
27 
establishing, among others, that no person can be found in the Philippines willing and competent 
28 
to perform the work or service for which the foreigner is desired and that his/her admission 
29 
would be beneficial to the public interest. The petition shall be under oath by the prospective 
30 
Employer or his/her representative in the form and manner prescribed by the Board. If the Board 
31 
finds that the petition complies with the requirements of the preceding paragraph and of other 
32 
regulations, it shall grant the petition and shall promptly transmit the authorization to the 
33 
Department of Foreign Affairs and/ or the Consular Office concerned. 
34 
SEC. 45. Submission of Crew List and Passenger Manifest to the Commission. -
35 
Simultaneous to the vessel's departure from the port of origin, the master, captain, agent, owner 
36 
or consignee of any commercial vessel arriving to the Philippines shall submit to the 
37 
Commission, within a reasonable time prior to such arrival, the crew lists, passenger manifests 
18 


2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
and such other infonnation concerning the persons arriving on such a vessel. In the same manner 
and condition, the master, captain, agent, owner or consignee of any commercial vessel departing 
from any port in the Philippines shall submit to the Commission, within a reasonable time prior 
to such departure, the crew list, passenger manifest and such other information concerning the 
persons departing on such vessel. The crew list of an incoming sea craft shall be Iduly vessel's 
by the appropriate Consular Officer. 
SEC. 46. Inspection of Crewmembers. - It shall be the duty of the master, captain, 
agent, owner or consignee of any vessel arriving in the Philippines to have available on board, 
for inspection by the Immigration Officer, any foreign crewmember employed on such vessel 
and to detain such crewmember on board after inspection and to remove such crewmember 
when required by the immigration authorities. No crewmember on board such vessel shall be 
discharged while the vessel is in port without the permission of the Commissioner. 
SEC. 47. Permission for Temporary Landing of a Foreign Crewmember. - A foreign 
crewmember on a vessel arriving in the Philippines may be pennitted to land temporarily under 
such conditions as may be prescribed by the Commissioner. all expenses incurred by the 
Commission while the crewmember is on land shall be borne by the master, captain, agent, 
owner or consignee of the carrying vessel. 
CHAPTERS 5 
REFUGEE STATUS 
SEC. 48. Grant of Refugee Status. - Persons seeking refugee status may apply for 
recognition as a refugee upon seeking admission at any port of entry or within a reasonable time 
thereafter. Refugee status shall be granted after a detennination by the Board that an applicant 
meets the qualifications of a refugee as defined in Section 3(z) hereof. Refugee status shall not 
be granted to an applicant ifhel she: 
(a) Has committed a crime against peace, a war crime, crime against humanity or any 
other crime under international law; 
(b) Has committed a serious non-political crime outside the Philippines prior to is 
admission as a refugee; or 
(c) Has been guilty of an act contrary to the purposes and principles ff the United 
Nations. 
. 
I 
SEC. 49; Cessation of Refugee Status. - Refugee status granted under the previous 
section shall cease if a refugee: 
(a) Voluntarily repatriates himselflherself or has re-established himselflherself in 
another State; 
(b) Acquired a new nationality and enjoys the protection of such a State; or 
19 


2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
(c) Can no longer continue to refuse to avail the protection of the country of his/her 
nationality or, not having a nationality, is able to return to the country of former habitual 
residence in view of the cessation of the reasons that resulted to hislher being refugee: Provided, 
That this ground shall not apply if a refugee is able to invoke compelling reasons arising out of 
the previous persecution. 
SEC 50. Effect of Grant of Refugee Status to Refugee Dependents. - A spouse, minor 
child, and other dependents of a foreigner who is granted a refugee status may, if not otherwise 
eligible under Section 48, be granted the same status as the refugee to assure family unity or 
when it is in the public interest. 
SEC 51. Confidentiality of Information. - In proceedings for the recognition of refugee 
status, the confidentiality of information shall be respected and no information relating to the 
refugee shall be shared with the country of origin or country of former habitual residence, 
directly or indirectly. 
SEC 52. Burden of Proof. - In proceedings for the recognition of refugee status, the 
burden ofprooflies with the applicant, subject to the principle ofnon-refoulement. 
SEC 53. Stay of Exclusion or Deportation. - Notwithstanding the provisioAs of Sections 
, 
78 and 86, the exclusion from entry and deportation of a foreigner shall be stayed during the 
pendency of an application for refugee status. Where grounds under Section 78 are present, the 
refugee shall be allowed entry and the application shall be immediately referred by the 
Immigration Officer to the Board. 
22 
SEC 54. Detention of Refugee. - Detention of applicants for refugee status shall only 
23 
be resorted to in cases arising out of illegal entry or unauthorized stay after consideration of other 
24 
alternatives, as may be determined by the Commissioner. 
25 
26 
CHAPTER 6 
27 
DOCUMENTATION AND ADMISSION OF IMMIGRANTS 
28 
SEC 55. Documentary Requirements of Immigrants; Instances When Not 
29 
Required. - Immigrants must present for admission into the Philippines valid passports or travel 
30 
documents issued by the government of the country to which they owe allegiance, showing their 
31 
nationality and identity and valid visas issued by the Consular Officer indicating the date of 
32 
issue and the period of validity thereof. Immigrant visas shall not be required of the following: 
33 
(a) A child born subsequent to the issuance of a valid immigrant visa to the 
34 
accompanying parent; 
35 
(b) A child born during the temporary visit abroad of the mother who is a lawful 
36 
permanent resident of the Philippines and a holder of a valid reentry permit, if the child is 
37 
accompanied by either parent within five (5) years from the date of the child's birth; and 
20 


( c) A foreigner who is returning to an unrelinquished lawful pennaneni residence in 
2 
the Philippines after a temporary residence abroad and presents for Admission aJvalid reentry 
3 
pennit. 
4 
5 
Chapter 7 - Visa Issuance 
6 
SEC. 56. Nature of Visa. - Nothing in this Act shall be construed to automatically 
7 
entitle any foreign national to whom a visa or other travel document has been issued to enter the 
8 
Philippines if, upon arrival at a port of entry, hel she is found to be inadmissible under this Act or 
9 
any otherlaw. 
10 
SEC. 57. Requirement of Issuance of Visa. - Under the conditions and subject to the 
11 
limitations prescribed in this Act or regulations issued hereunder, the Commissioner may 
12 
approve the issuance of an immigrant visa upon the recommendation of a Consular Officer 
13 
. in the following manner: 
14 
(a) An immigrant visa may only be issued to a foreign national who has made a proper 
15 
application therefor, which shall specify the foreign country, if any, to which the quota the 
16 
number is assigned, the immigrant's particular status in such country, the preference to which the 
17 
foreigner is classified, the date on which the validity of the visa shall expire, and such additional 
18 
infonnation as may be required. 
19 
(b) The Department of Foreign Affairs, through its Consular Office abroad and 
20 
through the Office of the Visa Director, shall approve the issuance of a non-immigrant visa to a 
21 
foreign national who has made a proper application therefor in accordance with Section 33 of 
22 
this Act. 
23 
All diplomatic visas under Section 33 (e) of this Act shall be exclusively issued by the 
24 
Department of Foreign Affairs in accordance with the Vienna Convention on Diplomatic 
25 
Relations. 
All other non-immigrant visas under Section 33 shall be issued by the Consular 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
Officer, when the application is made abroad, or may be issued by the Office of the Visa 
Director of the Department of Foreign Affairs, when the application is made in t~e Philippines 
for conversion or renewal. The issuance of special non-immigrant visas fallihg under the 
jurisdiction of a particular government office or agency can only be done in coordination with 
and upon recommendation of the government agency or office concerned. 
SEC. 58. Requirements for Physical andlor Mental Examination Prior to Issuance 
of Immigrant Visa. - Prior to the issuance of an immigrant visa to any foreign national, the 
Consular Officer shall require such person to submit to a physical and mental examination in 
accordance with such regulations as may be prescribed by the Commissioner. In addition, said 
foreign national shall be required to personally plant fifty (50) trees, except when hel she is 
physically incapable of doing so, in which case, helshe may cause another person to plant the 
trees. 
21 


SEC. 59. Validity of Visa. - A non-immigrant or immigrant visa issued by a Consular 
2 
Officer abroad pursuant to Section 57 of this Act shall be valid for a period not exceeding six (6) 
3 
months. In prescribing the period of validity of a non-immigrant visa, the Consular Officer shall, 
4 
insofar as practicable, accord to such nationals the same treatment on a reciprocal basis as such 
5 
foreign country accords to citizens of the Philippines who are within a similar class. An 
6 
immigrant visa may be replaced under the original number during the calendar year in which the 
7 
original visa was issued for a foreigner who establishes to the satisfaction of the Consular Officer 
8 
that hel she was unable to use the original immigrant visa during the period of its validity for 
9 
reasons beyond hislher control: Provided, That the foreign national is found by the Consular 
10 
Officer to be eligible for another immigrant visa and has paid all the fees. 
11 
SEC. 60. Denial of Visa, Grounds Thereof - The Consular Officer may deny the 
12 
Application for visa (a) if it appears from the statements in the application or in t4e documents 
13 
submitted the applicant is not entitled to a visa under this Act; or (b) if he/she fails to comply 
14 
with the requirements of the provisions of this Act. 
15 
SEC. 61. Revocation of Visa Issued by Consular Officer. - The Commissioner may, for 
16 
valid cause and upon confirmation of the Secretary of Foreign Affairs, revoke the visa issued by 
17 
any Philippine Consular Office. If the notice of revocation is not received and the visa holder 
18 
applies for admission into the Philippines, hislher admission or entry shall be determined by the 
19 
Immigration Officer upon hislher arrival' at the port of entry. 
20 
21 
CHAPTERS 8 
22 
RE-ENTRY AND EMIGRATION CLEARANCE 
23 
SEC. 62. Re-entry. - Every time a registered foreign national, except a temporary 
24 
visitor, departs or is about to depart temporarily from the Philippines with the intention to return, 
25 
he/she must pay a re-entry fee, emigration clearance fee and head fee: Provided, That said 
26 
foreign national returns to the Philippines within a period of one (1) year from his/her departure 
27 
in order to maintain hislher visa category. Otherwise, he/she shall apply for an extension of the 
28 
period within which to return prior to its expiration and pay the prescribed fees and charges 
29 
therefor: Provided, forther, That if his/her authorized stay is less than one (l) year, he/she shall 
30 
pay a special return fee, emigration clearance fee and head fee for every departure: Provided. 
31 
finally, That in both cases, if the registered foreign national departs permanently from the 
32 
Philippines, he/she shall surrender all his/her Philippine immigration documents to the 
33 
Commission and apply for and be issued an Emigration Clearance Certificate upon payment of 
34 
the prescribed fees and charges therefor, subject to the following conditions: (a) He/she has no 
35 
pending obligation with the government or any of its agencies or instrumentalities; 
36 
(b) He/she has no pending criminal, civil, or administrative proceeding which requires 
37 
his continued presence in the country; and 
22 


(c) There is no ongoing legislative inquiry where hel she is called upon to testify as a 
2 
witness. 
3 
SEC. 63. Emigration Clearance. - Any temporary visitor departing from the Philippines 
4 
shall, after the expiration of hislher initial authorized stay, apply for emigration clearance with 
5 
the Commission and pay the prescribed fees and charges therefor. 
6 
CHAPTER 9 
7 
PRESIDENTIAL PREROGATIVES 
8 
SEC. 64. Presidential Prerogatives. - Any provision of this Act to the contrary 
9 
notWithstanding, the President may: 
10 
(a) Deny the entry and admission into the Philippines of any foreign national or a class 
II 
of foreign nationals whenever the President finds that the entry would be detrimental to 
12 
the interest of the Philippines or impose such restrictions as hel she may deem 
13 
appropriate; 
14 
(b) Waive passport andl or documentary requirements for non-immigrants and 
15 
immigrants under such terms and conditions as hel she may prescribe; 
16 
(c) Change the status of non-immigrants by allowing them to acquire permanent 
17 
residence status without necessity of a visa; 
18 
(d) Deport any foreign national, subject to the requirement of due process; 
19 
(e) Admit non-immigrants not otherwise provided for in this Act for Humanitarian 
20 
considerations and when not detrimental to public interest, under such terms and 
21 
conditions as hel she may prescribe; 
22 
(f) Prohibit the departure from the Philippines of any person who is likely to disclose 
23 
national security information, or who is likely to organize a rebellion abro~d against the 
24 
Philippines, or whose presence in the country is necessary to face, or be la witness in, 
25 
criminal proceedings; and 
26 . 
(g) Exercise, with respect to foreign nationals in the Philippines, such powers as are 
27 
recognized by the generally accepted principles ofintemationallaw. 
28 
29 
30 
TITLE IV 
31 
PROVISIONS RELATING TO ENTRY 
32 
CHAPTER 1 
33 
CLASSIFICATION OF PORTS OF ENTRY 
34 
SEC. 65.Authority to ClassifY Ports. - The Commissioner shall classify and designate, 
35 
from among the ports of entry established by law for immigration purposes, limited or unlimited 
36 
ports of entry through which foreigners may be admitted into the Philippines. Only such classes 
37 
of foreigners as provided under the rules and regulations prescribed by the Commissioner may be 
23 


admitted at limited ports of entry. The Commissioner may, after due notice to the public, close 
2 
designated ports of entry in the interest of national security or public safety. 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
CHAPTER 2 
PROCEDURES ON ARRIVAL 
SEC. 66. Inspection by Immigration Officer. - A foreigner seeking admission or 
readmission shall present hislher 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 tme examining 
, 
I 
Immigration Officer, if favorable to the admission of any foreigner, may be cpallenged by 
another Immigration Officer. The final determination of admissibility of such foreigner shall be 
determined by the Commissioner in case no resolution is reached between the Immigration 
Officers on the challenged admission. In case of admission, the Immigration Officer shall 
indicate in the passport the date, the port of entry and the identity of the vessel boarded. 
SEC. 
67. 
Detention or Quarantine for 
Examination. - For the purpose of 
15 
determining whether a foreigner arriving at any port in the Philippines belongs to any of the 
16 
classes excludable under this Act by reason of being afflicted with any of the contagious or 
17 
communicable disease or mental disorder set forth under Section 78(a) of this Act or whenever 
18 
the Commissioner has received information showing that foreigners are coming from a country 
19 
or a place where any of such diseases are prevalent or widespread, the foreigner shall be detained 
20 
or quarantined for a reasonable period of time to enable the immigration and medical officers to 
21 
subject such person to observation and examination. 
22 
SEC. 68. Medical Examination Requirement. - Any arriving foreign national whom 
23 
the examining Immigration Officer believes to belong under the class of excludable foreign 
24 
nationals specified in Section 78(a) herein shall be referred to designated medical officers for 
25 
physical and mental examination. Such medical officer shall certify his/her findings for the 
26 
information of the Immigration Officer. 
27 
SEC. 69. Arrival Notice Requirements of Vessel. - The immigration authorities shall be 
28 
given prior notice of the arrival of any civilian vessel before such vessel comes into any area in 
29 
the Philippines from any place outside thereof. Such prior notice shall not be required in the 
30 
case of vessels with scheduled arrivals filed with the Immigration Officer in charge at the 
31 
international port of entry. If, upon arrival in any area other than the designated port and there is 
32 
no available Immigration Officer therein, the master, pilot, captain, agent or consignee shall not 
33 
allow the passengers and crew members to disembark or leave the primary inspection area until 
34 
the immigration offic~r shall have conducted the primary inspection formalities. I 
35 
SEC. 70. COlltellts of Notice of ArrivaL - The advance notice of arrival r~quired in the 
36 
preceding section shall specify the following: 
37 
(a) Type of vessel and registration marks; 
24 


2 
3 
(b) Visaed crewlist; 
(c) Passenger manifest; 
(d) Port oflast departure; 
4 
5 
6 
(e) International port of intended destination, or other place authorized by the 
Commissioner; 
7 
8 
(f) Estimated time of arrival; and 
(g) Authorized agent or representative at the place of arrival. 
9 
CHAPTER 3 
10 
FOREIGN CREWMEMBER 
11 
SEC. 71. Conditiollal Permit to Disembark. - A foreign crewmember of a vessel under 
12 
Section 33(c) of this Act may be granted a conditional permit, in a form prescribed by 
13 
regulations, to disembark temporarily from the vessel on which hel she arrived while such vessel 
14 
remains in port under such terms and conditions as may be prescribed by the Commissioner. 
15 
SEC. 72. Confiscation and Cancellation of Permit; Deportation from the Philippines. 
16 
- Upon the determination that the foreigner is not a Bona fide crewmember or does not intend to 
17 
depart on the vessel that brought him, the Commissioner shall cancel and confiscate the 
18 
conditional permit already issued, take such foreigner into custody, and require the owner, 
19 
operator, captain, master, pilot, agent or consignee of the vessel on which the foreigrer arrived to 
20 
receive and detain hi~er on board. The expenses for hislher removal, includinF the cost of 
21 
detention and other expenses incidental thereto, shall be borne by the owner, operator, captain, 
22 
master, pilot, agent or consignee of such vessel. 
23 
SEC. 73. Liability for Overstaying Foreign Crewmen. - A foreign crewmember who 
24 
remains in the Philippines in excess of the period allowed in the conditional permit issued to him 
25 
shall be solidarity liable with the owner, operator, captain, master, pilot, agent or consignee of 
26 
the vessel to pay the penalties prescribed in Section 126 of this Act. 
27 
SEC. 74. Liability for Unauthorized Discharge of Foreign Crewmember . • It may be 
28 
prescribed under this Act. No such vessel shall be granted clearance from any port in the 
29 
Philippines while such fines remain unpaid or while the validity thereof is being determined: 
30 
Provided, That a clearance may be granted prior to such determination upon deposit of a sum or 
31 
cash bond sufficient to cover such fines as approved by the Commissioner. 
32 
SEC. 75. Duty to Report Desertion or Illegal Landing of Foreign Crewmember. The 
33 
owner, operator, captain, master, pilot, agent or consignee of any vessel shall immediately report, 
34 
in writing, to the immigration officer all cases of desertion or illegal disembarkation in the 
35 
Philippines from the vessel, together with a description of such foreigners and any information 
36 
that shall result in their apprehension. 
25 


SEC 76. Requirement for Submission of List of Newly Employed, Discharged and 
2 
Illegally Landed Foreign Crewmember. - Prior to the departure of any vessel from the last port 
3 
in the Philippines destined to any place outside thereof, the owner, operator, captain, master, 
4 
pilot, agent or consignee thereof shall deliver to the Immigration Officer at th~t port a list 
i 
5 
containing: (a) the names of crewmembers who were not employed thereon at the time of the 
I 
6 
vessel's arrival on such port but will depart thereat on the same vessel; (b) the names of those, if 
7 
any, who have been discharged; (c) the names of those who have deserted or illegally landed at 
8 
that port, if any; and (d) such other additional infonnation as the Commissioner deems necessary. 
9 
SEC 77. Liability jar Failure to Submit Complete, True and Correct Report. - In case 
10 
the owner, operator, captain, master, pilot, agent, or consignee, fails to submit a true and 
II 
complete list or report of foreigners, or to report cases of desertion or illegal landing, he/she shall 
12 
pay to the Commission such sum as may be prescribed under this Act. No such vessel shall be 
13 
granted clearance from any port in the Philippines while such fines remain unpaid or while the 
14 
validity thereof is being determined: Provided. that clearance may be granted prior to such 
15 
determination upon deposit of a sum or cash bond sufficient to cover such fines as approved by 
16 
the Commissioner. 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
CHAPTER 4 
EXCLUSIONS 
SEC 78. Exclusion Grounds. -The following classes of foreign nationals shall 
not be allowed entry and shall be excluded from the Philippines: 
(a) 
Health Related Grounds.' 
1. 
Those who are found to be suffering from a communicable, dangerous or 
Contagious disease; 
2. 
Those who are found to be suffering from mental disorder or associated 
behavior that may pose threat to persons or danger to property; 
3. Those who are found to be suffering from addiction to prohibited or regulated 
substance; 
(b) 
Economic Grounds 
1. Those likely to become a public charge; 
I 
2. Those seeking entry for the purpose of performing skilled or unskilled labor, without 
a permit from the Secretary of the Department of Labor and 
(c) 
Moral Grounds 
I 
employment as required by law; 
1. Those coming to the Philippines to practice polygamy or who advocate the practice 
of polygamy unless his/her religion allows such practices; 
2. Those who are pedophiles, sexual perverts or those coming to the Philippines for 
immoral purposes; 
26 


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3 
4 
5 
6 
7 
8 
9 
10 
II 
12 
13 
14 
15 
16 
17 
18 
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20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
3. Those who are engaged or who seek to engage in prostitution or to procure or 
attempt to procure prostitutes, or who receives in whole or in part the proceeds of 
prostitution; 
4. 
Those who, at the time of primary inspection, by the Immigration Officer 
exhibit any obnoxious behavior, contempt or disrespect for the said officer or any 
government official or Commission; 
(d) 
Criminal and Security Grounds 
1. Those who have been convicted of a crime involving moral turpitude or who admit 
to the Immigration Officer having committed such crime, or who attempt and conspire to 
commit the crime; 
2. 
Those who have been convicted, or who admit having committed, or are 
committing acts which constitute the elements of a violation or conspiracy to violate any 
law or regulation of the Philippines or a foreign country relating to a controlled, regulated 
or prohibited substance, or who attempt or conspire to commit the crime; 
3. 
Those that the Philippine Government knows or has reason to believe is a 
trafficker of any controlled, regulated. or prohibited substance or knows or has reason to 
believe is or has been an accomplice, accessory, abettor, or co-conspiratoi in the illicit 
trafficking of any controlled, regulated or prohibited substance; 
4. Those who arc fugitives from justice; 
5. Those who seek to enter the Philippines to engage in: 
a. Espionage or sabotage, or a violation or evasion of any laws prohibiting export 
of goods, technology or sensitive information; 
b. Any activity aimed to promote membership in an organization of syndicated 
criminal activities; 
c. Any activity, the purpose of which is to overthrow the Philippine government 
by force, violence or other unlawful means; and 
d. Any other unlawful activity. 
7. Those who are' engaged or believed to be engaged or likely to engage in, aid, 
abet or finance any terrorist activity and members or representatives of a foreign terrorist 
organization; 
8. Those who have been identified by competent authorities, local or foreign, as 
having engaged or are engaging in human trafficking and smuggling; 
9. Those who are under fifteen (15) years of age and unaccompanied by or not coming 
to a parent, except that they may be admitted in the discretion of the Commissioner, if 
otherwise admissible; and 
27 


10. Those who have been identified by competent authorities, local anU foreign, as 
2 
having engaged or are engaging in importation of contra bands and otlier prohibited 
3 
articles into the country. 
4 
SEC. 7S-A. Minor Persons/ Minority. - Persons under fifteen (15) years of age, and not 
5 
accompanied by or not coming to a parent, may be admitted: Provided, That the written consent 
6 
of either parent allowing them to travel is presented. The written consent must cite the purpose 
7 
of the travel and must be affirmed by the Philippine Consular post in the minor's country of 
8 
origin. 
9 
SEC. 79. Temporary Detention of Excludable Foreigners. - For the purpose of 
10 
ascertaining whether a foreigner arriving in the Philippines belongs to any of the excludable 
11 
classes of foreigners provided for in this Act or related laws, the Immigration Officer, for a 
12 
period not exceeding seventy-two (72) hours, may temporarily detain for investigation such 
13 
foreigner either on board the vessel or at a place designated for the purpose at the expense of the 
14 
master, captain, agent, owner or consignee of the carrying vessel. 
15 
SEC. 80. Finality of Exclusion Order. - An order by the Immigration Officer to exclude 
16 
a foreign national who is excludable under Section 78 hereof is final and executory unless 
17 
revoked by the Commissioner upon a timely appeal prior to the implementation of the exclusion 
18 
order. 
19 
SEC. 81. Authority to Waive Grounds for Exclusion. - Except for grounds of exclusion 
20 
under Section 78(d), subparagraphs I to 8 and subparagraph 9, the Commissioner may waive 
21 
any of the grounds for exclusion mentioned therein. 
22 
SEC. 82. Procedure of Removal and Cost Thereof - Any foreign national arriving in the 
23 
Philippines who is ordered excluded shall be immediately removed in the same arrived, unless 
24 
the Commissioner determines that immediate removal is not proper and practicable. The cost of 
25 
detention and other expenses incidental thereto shall be borne by the owner, operator, master, 
26 
pilot, captain, agent or consignee of the vessel on which hel she arrived. 
I 
27 
SEC. 83. Country Where Removal is to be Directed. - If the government dfthe country 
28 
designated in the preceding section will not accept the foreign national into its terHtory, hislher 
29 
removal shaH be directed by the Commissioner in hislher discretion and without necessarily 
30 
giving preference, either to: 
31 
(a) The country which hel she is a citizen or national; 
32 
(b) The country of birth; 
33 
(c) The country ofhislher habitual residence; or 
34 
(d) The country willing to accept the foreign national into its territory, if removal to any 
35 
of the foregoing countries is impractical or impossible. 
28 


SEC. 84. Obligation of Owner, Operator, Master, Captain, Pilot, Agent or Consignee. -
2 
It shall be unlawful for an owner, operator, master, captain, pilot, agent, or consignee of a vessel 
3 
to refuse or fail to: 
4 
(a) Board a foreigner ordered excluded and removed under Section 78 hereof in 
5 
the same vessel or another vessel owned or operated by the same company; 
6 
(b) Detain a foreign national on board any such vessel at the port of arrival when 
7 
required by this Act or when so ordered by an Immigration Officer; 
8 
(c) Deliver a foreign national' for medical or other examinations when so ordered by 
9 
such officer; 
10 
(d) Remove a foreign national from the Philippines to the country to which his / her 
11 
removal has been directed; or 
12 
(e) Pay the cost of detention and other expenses incidental thereto of a forbign national 
13 
incurred while being detained as required by Section 82 of this Act or other costs 
14 
necessary or incidental to his removal as provided in this Act. 
15 
SEC. 85. Penalty for Non-compliance of Obligation. - The owner, operator, master, 
16 
captain, pilot, agent, or consignee of a vessel who violated Section 84 hereof shall pay the fines 
17· prescribed under this Act. No such vessel shall be granted clearance from any port in the 
18 
Philippines while such fines remain unpaid or while the validity thereof is being determined: 
19 
Provided, That clearance may be granted prior to such determination upon deposit of a sum or 
20 
cash bond sufficient to cover such fines as approved by the Commissioner. 
21 
22 
TITLE V 
23 
DEPORTATION 
24 
CHAPTER! 
25 
SEC. 86. Classes of Deportable Foreigners. - The following foreigners shall be arrested 
26 
upon the order of the Commissioner and deported upon recommendation by the Board of Special 
27 
Inquiry and approval by the Board: 
28 
(a) Those that eptered the Philippines by means of false and misleading statements or 
29 
documents, misrepresentations or without inspection and admission by the immigration 
30 
authorities; 
31 
(b) Those that entered the Philippines who were not lawfully admissible at the time of 
32 
entry; 
33 
( c) Those who engage, abet or aid in the practice of prostitution including the owner, 
34 
manager or imnates of a house of prostitution or are procurers, pedophiles or sexual 
35 
perverts; 
36 
(d) Those who, at any time after the date of entry, have become a public charge; 
29 


2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
(e) Those who remain in the Philippines in violation of any period of limitation or 
condition under which they were admitted; 
(t) Those who believe in, advise, advocate or teach the overthrowing by force and 
violence of the Government of the Republic of the Philippines, or duly constituted 
authority, or those who do not believe in or are opposed to organized governments, or 
those who advise, advocate or teach the assault or assassination of public officials by 
Reason of their office, or those who advise, advocate or teach the unlawful destruction of 
property, or those who are members of or affiliated with any organization entertaining, 
advocating or teaching such doctrines, or those who in any manner whatsoever extend 
assistance, financial or otherwise, in the dissemination of such doctrines; 
(g) Those who, at any time after entry, engage in, abet, aid or finance any terrorist 
activity; 
(h) Those who commit any violation of the provisions of this Act, independent of any 
criminal action which may be brought against them: Provided, however, that in the case 
of a foreigner who, for any reason, is convicted and sentenced to suffer both 
imprisonment and deportation, said foreigner shall first serve the entire period of hislher 
sentence before being deported: Provided, furtizer, That the penalty of imprisonment 
may be waived by the President upon payment by the foreigner concerned of such costs, 
fines and/ or damages, if any, awarded to the government or any aggrieved party,; (i) 
Those who, at any time after entry, are engaged in acts or omissions punishable under 
Philippine penal laws cognizable by the Regional Trial Courts and the Sandiganbayan; 
(j) Those who, at any time after entry, are convicted by final judgment of a crime 
punishable under Philippine penal laws cognizable by the first level courts; I 
. 
, 
(k) Those :-"ho are guilty of any offense penalized under the naturalization laws of the 
Philippines or any law relating to the acquisition of Philippine citizenship; 
(I) Those who defraud their creditors by absconding or alienating properties to prevent 
their attachment or execution; 
(m) Those who were admitted as non-immigrants and who obtained an adjustment of 
their admission status for convenience, or through fraud, falsification of documents, 
misrepresentations or concealment of material facts; 
(n) Those who violated Philippine labor and taxation laws, rules and regulations; 
(0) Those who, upon prior investigation and hearing, are found to be undesirable and 
whose further stay in the Philippines is inimical to public welfare and interest, or the 
dignity of the Filipinos, or the Republic of the Philippines as a sovereign nation; 
(p) Those who forge, counterfeit, alter or falsely make any document; or use, 
30 


attempt to use, possess, obtain, accept or receive or provide any forged, counterfeit, 
2 
altered or falsely made document; or use, attempt to use, provide, attempt to provide, 
3 
accept or receive a genuine document, even of another person, without authority to do 
4 
so for the purpose of satisfying or complying with the requirements for hislher stay in the 
5 
Philippines; and 
6 
(q) Those whose presence or activities in the country may result in adverse consequences 
7 
to Philippine foreign policies as determined by the Secretary of Foreign Affairs, 
8 
SEC. 87. Non-~rescription 0/ ])eportation Cases. - The right of the Statei to initiate at 
9 
any time deportation proceedings shall not prescribe: Provided that no deportatioT\ proceedings 
10 
and orders shall be had against foreigners facing preliminary investigation, prosecution and trial 
11 
before competent authorities. 
12 
13 
CHAPTER 2 
14 
DETENTION AND DEPORTATION OF FOREIGN NATIONALS 
15 
SEC. 88. Issuance of Summons. - If the Commissioner determines that there exists 
a 
16 
reasonable ground to deport a foreigner pursuant to Section 86 of this Act, hel she may issue 
17 
summons requiring the foreigner to appear in person before the designated investigating officer 
18 
at the time, date and place stated therein. 
19 
SEC. 89. Authority to Issue Letter Order. - The Commissioner may issue a letter order 
20 
for the detention of a foreigner ifhel she determines that a probable cause exists for the filing of 
21 
deportation charges against a foreigner for violation of immigration and other related laws, rules 
22 
and regulations or there is a strong probability that a deportable foreigner may flee from 
23 
hislher place of abode, go into hiding or surreptitiously leave the country. 
24 
SEC. 90. Formal Charge of ])eportation. - A formal charge for deportation shall be 
25 
issued upon determination of the existence of a prima facie case against the foreigner. Pending 
26 
final determination of hislher deportation case, the foreigner shall, upon the discretion of the 
27 
Commissioner: (a) remain under detention; or (b) be released on bailor recognizance. The bail 
28 
may be revoked and confiscated in favor of the government if there is sufficient evidence that 
29 
the foreigner is evading the proceedings or is attempting to abscond, in which case helshe shall 
30 
be taken into custody and placed under detention by order ofthe Commissioner. 
31 
SEC. 91. ])etention of a Foreigner Convicted of a Felony or an Offense. - After service 
32 
of hislher sentence or compliance with the conditions of hislher parole or probation, as the case 
33 
may be, the foreigner shall be taken into custody and placed under detention by order of the 
34 
Commissioner. Pending final determination of the deportation case, the foreigner m*y be ordered 
. 
, 
35 
released under such terms and conditions prescribed by the Commissioner. 
36 
SEC. 92. Voluntary ])eportation, When Authorized. - In case the foreigner does not 
37 
contest the formal charge against him/her and opts to voluntarily leave the country at hislher own 
31 


expense, the Commissioner may waive the deportation proceedings and order the departure 
2 
within the period specified in the voluntary deportation order, except in cases of violations of 
3 
laws such as Republic Act No. 8042 otherwise known as the "Migrant Workers and Overseas 
4 
Filipinos Act of 1995": Provided, That he/she has not committed any criminal offense or has no 
5 
pending case in court: Provided, further, that the said foreigner so deported shall be barred from 
6 
re-entering the country without prior written authorization from .the Commissioner. 
7 
SEC. 93 •. Contents of an Order or Warrant of Deportation. - The order or warrant of 
8 
deportation shall be in the form prescribed by the Commissioner and shall state the grounds 
9 
therefor, the specific place where the foreigner is to be deported and the period within which to 
10 
execute such order. 
11 
SEC. 94. Period to Enforce Order of Deportation. - The order of deportation shall be 
12 
enforced immediately but in no case shall exceed three (3) months from the date it has become 
13 
final and executory. If deportation is not enforced within the prescribed period for reasons 
14 
beyond the control of the Commissioner, the foreigner shall remain in custody. 
15 
SEC. 95. Suspension of Deportation Order. - Upon application _and payment of the 
16 
prescribed fees by the concerned foreigner, the Commissioner may suspend the implementation 
17 
of the deportation order and order his/her release for good cause, taking into account the 
18 
following factors: 
19 
(a) Age, health, family or conduct; 
20 
(b) Period of detention; 
2 I 
( c) Impact on national security and public welfare; 
22 
(d) Unavailability of travel documents; 
23 
( e) Existence of an application for refugee status; or 
24 
(f) Other humanitarian considerations. 
25 
SEC. 96. Reinstatement of a Deportation Order. - A deportation order previously 
26 
implemented against a foreigner who unlawfully re-entered the Philippines shall be deemed 
27 
automatically reinstated and shall be implemented in accordance with this Act. This provision 
28 
shall also apply to a foreigner who departed voluntarily under Section 92 hereof. 
29 
SEC. 97. Country of Destination of a Deportee. - Except as provided for under existing 
30 
treaty or international agreement, a foreigner shall be deported to the country of which helshe is 
3 I 
a citizen or national, or to the country of hislher birth, or to the country of which hel she is a 
32 
resident, or to the country from which he/ she embarked for the Philippines, subject to the 
33 
acceptance by the receiving country. 
34 
SEC. 98. Existence of Danger in the Country Where a Foreigner is to be Deported. -
35 
No foreigner shall be deported to a country where there exists a danger to his/her life or freedom 
36 
on account of race, religion, nationality, political opinion or membership in a particular political 
37 
or social group, except in the following circumstances: 
32 


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3 
4 
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6 
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20 
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23 
24 
25 
26 
27 
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29 
30 
31 
32 
33 
34 
35 
36 
37 
(a) The foreigner participated, induced or cooperated in the persecution of any person on 
account of race, religion, nationality, political opinion or membership in a particular political or 
social group in the country where hel she is to be deported; 
(b) The foreigner is a fugitive from justice in the country where he/she is to b,e deported; 
(c) The foreigner committed a serious non-political crime in the country w~ere he/she is 
i 
to be deported; or 
(d) The foreigner is undesirable in andl or a danger to the national security of the 
Philippines. 
SEC, 99. Cost of Deportation. - The cost of deportation shall be borne by the owner, 
operator, captain, master, pilot, agent or consignee of a vessel in case its foreign crewmember is 
to he deported for violation of Section 100 of this Act. In all other cases, the Cost of deportation 
shall be borne by the deportee himselflherself, the concerned consular office, nongovernment 
organizations or people's organizations with which the Commission has an agreement on this 
matter, or from the appropriations for the enforcement of this Act. 
SEC, 100. Liability of Owner, Operator, Captain, Master, Pilot, Agent or Consignee 
of a Vessel. - Failure or refusal on the part of the owner, operator, captain, master, pilot, agent or 
consignee of a vessel to take on board, guard safely and transport the deportee to hislher country 
of destination, or to shoulder the cost of deportation of the foreign crew member as provided in 
Section 99 hereof, shall be punished by an administrative penalty prescribed under this Act. 
SEC, 101. Expenses of Accompanying Person. - The Commissioner may, by reason of 
the mental or physical condition of the deportee, direct an employee of the Commission to 
accompany such deportee to the country of hislher destination, subject to the provisions of the 
immediately preceding sections. 
CHAPTER 3 
INDIGENT FOREIGNERS 
SEC, 102. 
Deportation of Indigent Foreigners. - At any time after entry, the 
Commissioner may deport indigent foreigners from the Philippines to the country of which they 
are citizens or nationals, or country of birth, or country of residence, as the case may be. The cost 
of deportation may be charged against the available funds of the Commission. ~ny foreigner 
deported under this section shall be barred fe-admission except upon written authorization of the 
I 
Commissioner. 
This provision shall not apply to a foreigner declared as an indigent by any Philippine 
court for purposes of filing a case or to pursue a cause of action which resulted in hislher 
jndigency until such action is resolved with finality: Provided, that no other grounds for 
deportation exist during the pendency of the same. 
33 


2 
3 
4 
5 
6 
7 
8 
9 
10 
II 
12 
13 
14 
15 
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29 
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31 
32 
33 
34 
35 
36 
37 
TITLE VI 
MISCELLANEOUS PROVISIONS 
CHAPTER! 
REGISTRATION OF FOREIGN NATIONALS 
SEC. 103. Requirement of Registration. - A temporary foreign visitor must register with 
the Commission or any Immigration Office nearest hislher place of residence on or before the 
sixtieth (60th) day ofhislher arrival in the Philippines. 
SEC. 104. Registration Form and Oath. - Applications for registration shall be under 
oath and in such form as prescribed by the Commission. Upon registration, a certificate of 
registration shall be issued by the Commission to the registrant. In case ofloss or destruction of 
the certificate, a replacement thereof may be issued by the Commission upon proper application 
and payment of prescribed fees. 
SEC. 105. Amendment of Registration. - A registered foreign national shall notify the 
Commission in writing of any change of information in hislher registration documents not later 
than seven (7) days thereof. 
. 
SEC. 106. Presentation of Certificate of Registration. Every foreigner I required to 
! 
register under this Act or the parent or guardian of such foreigner shall, upon demand of any 
authorized immigration official, present his/her certificate of registration, and failure to do so 
without justifiable cause shall be dealt with 111 accordance with the provisions of this Act. 
SEC. 107. Reportorial Requirements. - Every foreigner registered under this Act shall, 
within the first sixty (60) days of every calendar year, report in person to the Commission 
subject to the payment of prescribed fees. The parent or legal guardian of foreigners below 
fourteen (14) years of age shall have the duty to comply with the requirements prescribed under 
this Act. 
SEC. 108. Failure to Comply with Requirements. - A foreigner, or hislher parent or 
guardian, as the case may be, who, without justifiable reason, fails to comply with all the 
requirements under this Act, or who files an application for registration containing statements 
known by himlher to be false, or who utilizes registration documents other than hislher own, 
shall be dealt with in accordance with the provisions of this Act and other existing laws. 
SEC. 109. Cancellation of Registration of Foreign National. - In case of death of a 
foreigner registered under the provisions of this Act, his/ her legal heir, representative or 
administrator must inform the Commission within sixty (60) days from death and the 
Commission shall cancel such registration. The Local Civil Registrar or other civil registry 
officer of the locality where said foreigner died shall furnish the Commission with a copy of the 
Certificate of Death within thirty (30) days from issuance thereof. Failure on the part of the 
persons concerned to comply with the requirements of this section shall be dealt with pursuant to 
the provisions of this Act. 
34 


CHAPTER 2 
2 
BONDS AND DEPOSITS 
3 
SEC. 110. Bonds, When Required. - The Commission shall have the authority to require 
4 
cash bonds in such amounts and under such conditions as it may prescribe: 
5 
(a) To control and regulate the admission into, and departure from, the Philippines of 
6 
foreigners applying for temporary admission; 
7 
(b) To insure against foreign passengers liable to be excluded as likely to become public 
8 
Charges; and 
9 
(c) To insure the appearance of foreigners released from custody during the course of 
10 
11 
deportation proceedings instituted against them. 
SEC 111. Requirement of Cash Deposits for Overtime Services. - The Commission 
12 
shall likewise have the authority to require cash deposits in such amounts as may be necessary 
\3 
from vessel's owner, operator, captain, master, pilot, agent, or consignee or other persons served 
14 
to. cover payments for overtime services to be performed by officers and employees of the 
15 
Commission. 
16 
SEC 112. Cancellation alld Forfeiture of Bonds. - When the conditions of the bond are 
17 
fulfilled, or in case of a bond posted to insure against a foreigner becoming a public charge, 
18 
when the Commissioner decides that the likelihood no longer exists, or death of the foreigner in 
19 
whose behalf the bond is posted, the bond shall be cancelled and released to the depositor or 
20 
hislher legal representative. In case of violation of the conditions of the bond, the same shall be 
21 
forfeited and deposited in a trust fund account which may be utilized for the purchase of passage 
22 
tickets of indigent deportees and to cover the costs of operations in the arrest of a deportee who 
23 
jumps bail. 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
CHAPTER 3 
RECOGNIZANCE 
SEC 113. 
Petitions for Recognizance, Sanction for Breach of ConJitions. -The 
I 
Commissioner may order the release of a foreigner upon recognizance of hislher lawyer or a 
person who is of good standing in the community, under such terms and conditions as he/ she 
may prescribe. Failure to comply with the terms and conditions of the recognizance shall subject 
said lawyer or person to a fine of not less than Fifty thousand pesos (P50,OOO.OO) but not more 
than One hundred thousand pesos(PlOO,OOO.OO), without prejudice to other administrative 
sanctions and/ or proceedings against the erring party. 
CHAPTER 4 
COOPERATION AND COORDINATION WITH OTHER OFFICES 
35 


1 
SEC. 
114. Working Cooperation with the Department of Foreign Affairs. - For 
2 
purposes of efficient implementation and administration of this Act, the Commission shall 
3 
maintain a working cooperation with the Department of Foreign Affairs. 
4 
SEC. 115. Working Cooperation with the Commission on Higher Education.-The 
5 
Commission shall maintain a working cooperation with the Commission on Higher Education 
6 
with respect to accreditation of schools and learning centers for enrolment of foreign students as 
7 
authorized under this Act. 
8 
SEC. 116. Coordination with Law Enforcement, Security and Other Offices. -The 
9 
Commissioner shall have authority to maintain coordination with the National Security Council, 
10 
the Philippine National Police, and other law enforcement agencies of the government. 
11 
12 
CHAPTERS 5 
13 
FEES AND CHARGES 
14 
SEC. 117. Authority of the Commissioner to Prescribe, Impose and Collect Fees and 
15 
Charges. - The Commissioner is authorized to prescribe, impose and collect fees and charges for 
16 
services rendered pursuant to the provisions of this Act, which shall take effect fifteen (15) days 
17 
after the last publication thereof for two (2) 
consecutive weeks in a newspaper of general 
18 
circulation. 
19 
SEC. 118. Head Fee. - Every foreign national who is at least fourteen (14) years of age 
20 
and admitted to the Philippines for a temporary stay exceeding sixty (60) days shall pay a head 
21 
fee in an amount to be fixed by the Board. 
22 
CHAPTER 6 
23 
ADMINISTRATIVE FINES AGAINST VESSELS 
24 
SEC 119. Fine for Failure to Submit Crew List or Passenger Manifest, or Failure to 
25 
Account Every Passenger and Crew. - Any pilot, master, agent, owner or consignee of a vessel 
26 
arriving at any port in the Philippines from a place outside thereof who fails to submit to the 
27 
immigration authorities a complete and accurate crew list or passenger manifest, or fails to 
28 
produce or account every crewmember or passenger whose name appears in said list or manifest 
29 
shall be subject to fines of One hundred thousand pesos (PIOO,OOO.OO) and Fifty thousand 
30 
pesos (PSO,OOO.OO) for each unaccounted person, respectively. 
31 
SEC 120. Finefor Violation of Obligation on the Landing or Removal of Foreigners. -
32 
A pilot, master, agent, owner or consignee of any vessel arriving at a port of the Philippines from 
33 
a place outside thereof in violation of this Act shall be fined not less than Fifty thousand pesos 
34 
(PSO, 000.00) but not more than Two hundred thousand pesos (P200,DOO.00) for each 
35 
violation. 
36 
SEC 121. Finefor Bringing Undocumented Foreigner, or Foreigner Afflicted with 
36 


Communicable or Contagious Disease, or Suffering from Mental Disorder. - The pilot, master, 
2 
agent, owner or consignee of the vessel arriving at a port in the Philippines from a place outside 
3 
thereof bringing on board an undocumented foreigner shall be fined One hundred thousand pesos 
4 
(PIOO,OOO.OO) for each foreigner. If the foreigner is afflicted with a communicable or 
5 
contagious disease or is suffering from mental disorder, the fine shall be not less than Two 
6 
hundred thousand pesos (P200,000.00) but not more than Three hundred thousand pesos 
7 
(P300,000.00) for each foreigner. 
8 
SEC. 122. 
Fine for 
Bringing a Foreigner to 
Assist His Illegal 
Entry or 
9 
Misrepresenting a Foreigner as a Member of the Crew. - The pilot, master, agent,. Owner or 
10 . 
consignee of the vessel arriving at any port in the Philippines from a place outside thereof 
11 
bringing on board a foreigner bound for the Philippines to assist his/her illegal entry, or 
12 
misrepresenting the foreigner to the immigration officer at the port of arrival as a bona fide 
13 
member of the crew, shall be fined not less than One hundred thousand pesos (PIOO,OOO.OO) 
14 
but not more than Two hundred thousand pesos (P200,000,00) for each foreigner. 
15 
SEC. 123, Finefor Violation of Other Provisions of this Act. - The pilot, master, agent, 
16 
owner or consignee of any vessel arriving at any port of the Philippines from a place outside 
17 
thereof who violates any other provision of this Act not specifically provided in this Chapter 
18 
shall be fined not less than Fifty thousand pesos (P50, 000.00) but not more than Two hundred 
19 
thousand pesos (P200,000.00) for each violation. 
20 
21 
CHAPTER 7 
22 
OTHER PENAL PROVISIONS 
23 
SEC. 124, Other Prohibited Acts and Penalties Thereof - Any person who ~hall commit 
24 
any of the acts specified hereunder shall, upon conviction, suffer the penalby 0 f prison 
25 
correctional in its maximum period to prison mayor in its minimum period or a fine of not less 
26 
than One hundred thousand pesos (PlOO, 000.00) but not more than Five hundred thousand 
27 
pesos (P500, 000.00) or both, at the discretion of the court: 
28 
(a) Impersonates another individual, or falsely appears in the name of a deceased. 
29 
Individual, or evades the immigration laws by using an assumed or fictitious name when 
30 
applying for an immigration document; 
31 
(b) Issues or otherwise disposes of an immigration document or an immigration 
32 
accountable form, to any person not authorized by law to receive such documents; 
33 
(c) Obtains, manufactures, prints, accepts or uses any immigration or travel document 
34 
knowing it to be false or uses immigration accountable form that is not Legally issued; 
35 
(d) Enters the Philippines without inspection and admission by the immigration 
36 
authorities, or obtains entry into 
the 
Philippines by fraud, 
misrepresentation, or 
37 
concealment of material facts; 
37 


(e) Misrepresents himselflherself to be a Philippine citizen; 
2 
(f) Knowingly makes under oath any false statement regarding any iUUlligration 
3 
matter; or 
4 
(g) Brings into, or lands in the Philippines, or conceals, harbors, employs, or gives 
5 
comfort to any person not duly admitted by any immigration officer or not lawfully 
6 
entitled to enter into or resides within the Philippines, or attempts, conspires with, or aids 
7 
another to commit any such acts. 
8 
Where the offend.er of any acts specified in paragraph (g) of this section is a ",orporation, 
9 
company, partnership or other juridical entity, the president, general manager, managing partner, 
10 
or chief executive officer thereof shall be held liable. Dismissal of the employee by the employer 
II 
before or after apprehension shall not relieve such employer from any liability arising from the 
12 
offense: Provided, That if the offender is the pilot, master, agent, owner, consignee, or other 
13 
person in charge of the vessel which brought the foreigner into the Philippines from any place 
14 
outside thereof, the fine imposed under this section shall constitute a lien against the vessel 
15 
which may be enforced in the same manner as fines are collected and enforced under existing 
16 
laws. 
Such vessel shall not be allowed to depart without prior clearance issued by the 
17 
Commission. Where forfeiture is justified under the particular circumstances of the case, the 
18 
forfeiture of the vessel in favor of the government in lieu of the fine shall be decreed. 
19 
Conviction by final judgment of any offense punishable under this Act or other related 
20 
laws shall result in the automatic revocation or cancellation of any immigration document issued 
21 
to the offender, inducing that ofhis/her spouse and umnarried children, if applicable. 
22 
SEC. 125. Penalty for Non-compliance of Subpoena. - Any person who, having been 
23 
duly served with a subpoenll, fails to comply without valid and justifiable reasons shall, upon 
24 
conviction, suffer the penalty of imprisonment of not more than fifteen (15)days or a fine of not 
25 
more than One thousand pesos (Pl,OOO.OO), or both, at the discretion of the court. 
26 
SEC 126. Penalty for an Overstaying Crewmember. - Any foreign crewmember who 
27 
wilfully remains in the Philippines beyond the period allowed him/her for temporary landing 
28 
shall, upon conviction, suffer the penalty of imprisonment of six (6) months or fine of not less 
29 
than Fifty thousand pesos (PSO,OOO.OO) but not more than One hundred thousand pesos 
30 
(PIOO,OOO.OO), or both, at the discretion ofthe court. 
31 
SEC 127. Imposition of Maximum Penalty, When Applicable. - A person convicted 
32 
under Republic Act No. 3019, as amended, otherwise known as the" Anti-Graft and corrupt 
33 
Practices Act", or other laws against corruption and bribery who shall violate or circumvent any 
34 
provisions of this Act shall, upon conviction, suffer the maximum penalty for sudh offense as 
35 
provided under this. Act. 
36 
37 
38 


CHAPTERS 8 
2 
FUNDING 
3 
SEC 128. Funding. - In addition to its annual budget under the General Appropriations 
4 
Act, the Commission is hereby authorized to retain and use fifty percent (50%) of its income 
5 
derived from collection of immigration fees, fines, penalties and charges to pay hazard pay, 
6 
subsistence allowance and other monetary benefits at rates fixed by the Commissioner and for 
7 
maintenance and other operating expenses, intelligence and law enforcement, information and 
8 
communication technology infrastructure, transportation facilities and other capital outlay 
9 
expenditures. The Commission is likewise hereby authorized to retain and use its income in 
10 
excess of the prescribed collection target. 
11 
12 
CHAPTER 9 
13 
SEC 129. Staffillg Pattern alld Salary Schedule. - To carry out the provisions of this 
14 
Act, the Commissioner shall submit a new staffing pattern and salary schedule for personnel 
15 
services to the Secretary of the Department of Budget and Management for approval, which shall 
16 
be in accordance with the Salary Standardization Law and other applicable laws under the 
17 
National Compensation and Classification Plan. 
18 
SEC. 130. Reorganization of the Commission. - Upon approval of this Act, all 
19 
employees of the Burellu of Immigration covered by the civil service law and I regulations 
20 
shall 
continue to 
hold their present positions pending the reorganization 
of the 
21 
Commission in accordance with the new staffing pattern: Provided, That the salaries, wages, 
22 
allowances and other benefits of incumbent officers and employees of the Commission shall not 
23 
be subject to diminution: Provided, further, That in the event that the positions are abolished 
24 
in accordance with the reorganization, the affected employees shall be retained. Provided, 
25 
finally, That employees who have been dismissed for cause shall no longer qualify for any 
26 
position in the Commission. 
27 
SEC. 131. Inventory and Transfer of Properties, Accounts, Assets, Liabilities and 
28 
Obligations to the Commission. - All buildings, properties, equipment, facilities, accounts, 
29 
other assets, liabilities and other obligations as well as records of the Bureau of Immigration 
30 
shall be properly inventoried and transferred to the Commission. 
31 
SEC. 132. Treaty or Agreement. - Any treaty or agreement entered into between the 
32 
Philippines and . any foreigu state before the affectivity of this Act shall remain in force and 
33 
effect. 
34 
SEC. 133. Pending Cases. - Any prosecution, suit, action, proceeding, or any act or atter, 
35 
civil or criminal, pending at the time of the affectivity of this Act shall not be affected by the 
36 
provision of this Act unless otherwise applicable. 
37 
39 


2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
CHAPTER 10 
ADMINISTRATION AND IMPLEMENTATION 
SEC. 134. Administration and Implementation Abroad. - The adminis~ration and 
Implementation of this Act abroad, including the rules and regulations as well as polipies arising 
from it shall be the responsibility of the Department of Foreign Affairs through Philippine 
diplomatic and consular establishments. 
SEC 135. Implementing Rules and Regulations. - The Commission, upon consultation 
with the Department of Foreign Affairs and other concerned government agencies or offices and 
subject to the approval by the Secretary, shall promulgate the rules and regulations for the 
implementation ofthis Act within one hundred twenty (120) days from its affectivity. 
13 
CHAPTER 11 
14 
FINAL PROVISIONS 
15 
SEC 136. Separability Clause. - If any of the provisions of this Act is held invalid or 
16 
unconstitutional the other provisions not affected thereby shall continue to be in force and effect. 
17 
SEC 137. Repealing Clauses. - (a) Commonwealth Act No. 613, otherwise known as the 
18 
Philippine Immigration Act of 1940, as amended, is hereby repealed; (b) All laws, presidential 
19 
decrees, executive orders, proclamations, memorandum orders, instructions, rules and 
20 
regulations or parts thereof inconsistent with this Act are hereby amended or modified 
21 
accordingly. 
22 
SEC 138. EjjectilJity Clause. - This Act shall take effect fifteen (15) days after its 
23 
complete publication in the Official Gazette or in two (2) newspapers of general 
24 
circulation. 
Approved, 
40