FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
1 
First Regular Session 
) 
Senate Bill No. 
'L 71 3 
Introduced by Senator FRANCIS N. PANGILINAN 
EXPLANATORY NOTE 
The entry and admission of foreigners into the Philippines is a matter of 
privilege, because every state has absolute and exclusive sovereignty of, and 
power to govern, its own territory. Once admitted into Philippine territory, all 
foreigners are bound to respect the laws of the territory, and owe a local or 
temporary allegiance to the Philippine government. They are bound to obey 
Philippine laws, and maybe prosecuted for violating them. They may be called 
upon to share in the general public burden, when properly imposed upon them. 
In view of the public interest to police its territory and to ensure the orderly 
admission of aliens in the country, the Philippine state has deemed it advisable to 
promulgate a general law that will ensure the proper screening of persons who 
seek admission into the country. Also, it was'deemed necessary to provide 
procedures and safeguards in the entry of foreigners into Philippine territory. 
Thus, Philippine Immigration Act of 1940 (Commonwealth Act. No. 613), 
also known as "An Act to Control and Regulate the Immigration Of Aliens into the 
Philippines," was enacted by the Philippine Assembly on 2 May 1940. This 
legislation, together with its amendments, governs the entry and admission of 
foreigners into the Philippines. Then President of the Philippine Commonwealth, 
Manuel L. Quezon, signed the law on 26 May 1940. 
In view of the changing times and the major events that have since 
shaped the international global arena, there is need to review the provisions of 
the Philippine Immigration Act of 1940. This bill seeks to further systematize and 
modernize, among others, the procedure for immigration of aliens into the 
Philippines. This bill also defines the rights and duties of immigrants while 
sojourning within Philippine territory. 
Thus, the passage of this bill is earnestly sought. 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
, 
I 
, ,  
,.. , ,, ... 
,
.
 
3 .  . 
FOURTEENTH CONGRESS OF THE REPUBLIC) 
First Regular Session 
.. . 
, 
, .~ 
. 
~~~ 
i 
OF THE PHILIPPINES 
) 
? 71 i l l  i:i 
4 ’ k- 
SENATE 
SENATE BILL No., 
Introduced by SENATOR FRANCIS N. PANGILINAN 
AN ACT 
REORGANIZING THE BUREAU OF IMMIGRATION HEREINAFTER TO 
BE KNOWN AS 
THE COMMISSION ON IMMIGRATION AND 
NATURALIZATION, DEFINING ITS ORGANIZATIONAL STRUCTURE, 
AND THE POWERS AND FUNCTIONS THEREOF, AND FOR OTHER 
PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled. 
SECTION 1. Title of the Act. - This Act shall be known as the Philippine 
Immigration and Naturalization Act of 2007.” 
SEC. 2. 
Declaration of Policy. - It is hereby declared that the Philippine 
immigration structures, policies, rules and regulations established under this Act, shall 
be designed, operated, and administered in such a manner as to promote the domestic 
and international interests of the Philippines, recognizing the need to: 
(a) 
Process the entry of visitors into the Philippines for the purpose of 
fostering investments, trade and commerce, cultural and scientific activities, tourism and 
international understanding; 
(b) 
(c) 
Enrich and strengthen the cultural and social fabric of the Philippines; 
Ensure that any person who seeks admission into the Philippines on either 
a permanent or temporary basis is subject to standards of admission that do not 
discriminate in a manner inconsistent with the basic principles of justice and fair play; 
(d) 
Take an active participation in the advancement of national security and 
15 
national interest; 


1 
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 
(e) 
Foster the development of a strong and viable economy and the prosperity 
of all regions in the Philippines; 
(f) 
Institutionalize and strengthen the mechanisms for the protection of 
health, morals, safety, and good order of the Philippine society; 
(9) 
Promote international order and justice by denying the use of Philippine 
territory to persons who engaged or likely to engage in terrorist, human smuggling and 
trafficking, criminal, and other nefarious activities: 
(h) 
Streamline and strengthen the existing governmental structures charged 
with the administration and enforcement of immigration and related laws, rules and 
regulations in order to make them adaptive to the growing immigration demands of the 
country; 
(i) 
Professionalize the immigration service by instituting a rigid system of 
screening, selection and development of immigration officers and personnel. 
SEC. 3. Definition of Terms. - As used in this Act, the following terms are 
defined as follows: 
(a) 
"Admission" - shall mean the process in which an alien arriving at a port of 
entry in the Philippines is allowed into the country by the immigration authorities; 
(b) 
"Alien" - shall refer to any person not a citizen of the Philippines, also 
termed as foreign national; 
(c) 
"Board" - shall refer to the Board of Commissioners provided for in this 
Act. 
(d) 
"Captain" - shall mean the master of a vessel (such as a ship) or 
commander of an aircraft, or anyone having control or charge of a vessel or aircraft; 
(e) 
"Child" - shall refer to a person under eighteen (18) years of age; 
(f) 
"Citizen" shall refer to any person who is a citizen of the Philippines. 
(9) 
"Commission" - shall refer to the Commission on Immigration and 
Naturalization; 
28 
(h) 
"Commissioner" - shall refer to the Commissioner of Immigration 
2 


1 
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 
0) 
"Consular Officer" - shall refer to any official of the government of the 
Philippines designated by the President for the purpose of issuing visas to aliens as 
required of aliens by this Act; 
(j) 
"Entry" - shall refer to any admission of an alien into the Philippines from a 
place outside thereof, except when an alien having a lawful permanent residence in the 
Philippines shall not be regarded as making an entry for the purpose of this Act, if the 
alien proves that his departure to a place outside the Philippines was for a temporary or 
limited period, or his continued absence from the Philippines was occasioned by 
deportation proceedings, extradition, or other legal process; 
(k) 
"Husband" and/or "Wife" - shall not include a wife or husband by reason of 
a proxy or picture marriage; 
(1) 
"Immigrant" - shall refer to any alien, other than a non-immigrant, 
departing from any place outside the Philippines destined for the Philippines. 
(m) 
"Immigration laws" - shall refer to this Act and any other law presently 
existing or which may hereafter be enacted relating to the entry of aliens into the 
Philippines, and their exclusion, deportation, and repatriation therefrom; 
(n) 
"Immigration officer" - shall refer to any person appointed under Section 
28 of this Act or any employee of the Commission designated by the Commissioner to 
perform the powers, duties and functions of an immigration officer as specified under 
this Act. 
(0) "Naturalization" - means either a judicial or administrative process by 
which a foreign national acquires Philippine citizenship; 
(p) 
"Naturalization laws" - shall mean Republic Act No. 9139, otherwise 
known as "The Administrative Naturalization Law of 2000." 
(4) 
"Non-immigrant" - shall refer to any alien departing from any place outside 
the Philippines who is allowed to entry and admitted into the Philippines for a temporary 
or limited period of stay. 
(r) 
"Passport" - shall mean an official document issued by competent 
authority of a country showing the bearer's origin, identify, and nationalityicitizenship, 
3 


1 
2 
3 
4 
5 
6 
I 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
21 
28 
29 
and which is used for identification, travel purposes and for entry of the bearer thereof 
into a foreign country. 
(s) 
"Person" - shall refer to a natural or juridical person. When construing 
and enforcing the provisions of this Act, the act, omission, or failure of any director, 
officer, agent, authorized representative or employee of any juridical person acting 
within the scope of his authority or employment or office shall, in every case, be 
deemed the act, omission, or failure of such juridical entity. 
(t) 
"Philippines" - shall refer to all the territory as defined in the 1987 
Constitution of the Philippines; 
(u) 
"Port of entry" - shall refer to an airport, a port or landing place 
established by competent authority in accordance with law through which an alien may 
apply to the immigration officer thereat for admission into the Philippines; 
"President" - shall refer to the President of the Philippines; 
"Seaman", "crewman" or "crewmember" - shall mean a person actually 
(v) 
(w) 
employed in the operation or service in any capacity on board a vessel; 
(x) 
(y) 
"Secretary" - shall refer to the Secretary of Justice; 
"Travel document" - shall mean an official certification containing the 
description and other personal circumstances of the bearer, issued of direct travel to or 
from Philippines and normally valid for short periods or for a particular trip. 
(z) 
"Unmarried". - when used in reference to an individual as of any time, 
shall refer to an individual who at such time is not married, whether or not previously 
married: 
(aa) 
(bb) 
"Vessel" - shall refer to all means of conveyances, whether air or water; 
"Visa" - shall mean an endorsement on a passport or any travel document 
issued by a consular officer abroad authorizing the holder thereof to proceed to a 
designated port of entry in the Philippines and there to apply for entry and admission 
under the status specified therein; Immigration status granted and/or issued to aliens 
by the Commission, under Sections 9 and 13 of this Act shall likewise be called visa. 
TITLE II 
4 


1 
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 
COMMISSION ON IMMIGRATION AND ATURALIZATION 
Chapter 1 -The Commission 
SEC. 4. Creation. - A Commission on Immigration and Naturalization is hereby 
created which shall be principally responsible for the administration and enforcement of 
immigration, alien registration, citizenship and administrative naturalization laws, 
including but not limited to those dealing with the admission, exclusion, registration, 
deportation and repatriation of aliens, and the implementation of all laws, rules and 
regulations or orders of any competent authority concerning the entry and admission 
into and the departure from the Philippines of all persons. 
SEC. 5. Composition and Qualification. - The Commission shall be administered 
by a Board of Commissioners headed by the Commissioner as chairperson, and four (4) 
Associate Commissioners as members, all of whom shall be natural-born citizens of the 
Philippines and, at the time of their appointment, at least thirty-five (35) years of age, 
and holders of a college degree: Provided, however, That at least three (3) of the 
Members of the Board of Commissioners shall be members of the Philippine Bar in 
good standing and two (2) of them must have had executive and management 
experience preferably with an appreciation of electronic data processing and/or 
dynamics of organizations. 
The Commission shall be under the administrative 
supervision of the Department of Justice. 
Chapter 2 -The Commissioner 
SEC. 6. 
Appointment Rank and Tenure of the Commissioner. - The 
Commissioner shall be appointed by the President and shall hold office for a term of 
seven (7) years without reappointment to start from the time of assumption of office. He 
shall have the rank, salary, and privileges equivalent to an undersecretary of a 
department. 
At the expiration of the term of the Commissioner, the most senior 
Associate Commissioner shall temporarily assume and perform the duties and functions 
of the Commissioner until a permanent Commissioner is appointed by the President. 
Any vacancy prior to the expiration of the term of the Commissioner shall be filled for 
the unexpired term only. 
5 


5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
21 
28 
29 
The Commissioner shall be charged with the administration and enforcement of 
this Act and all other laws relating to immigration, alien registration, citizenship and 
naturalization by administrative process and shall iniplement all laws, rules, regulations, 
or orders of any competent authority concerning the entry into, stay and departure from 
the Philippines of all persons, except insofar as this Act or such laws related to the 
powers, duties, and functions conferred upon the President, the Secretary, and the 
Secretary of Foreign Affairs or consular officers. 
SEC. 7. Powers and Functions of the Commissioner. - In addition to his duties 
as Chairperson of the Board of Commissioners, the Commissioner of Immigration shall 
exercise the following powers and functions: 
(a) 
To supervise, direct and coordinate the overall operations of the 
Commission; 
(b) 
To appoint the officers and personnel of the Commission, subject to civil 
service and other existing applicable rules and regulations, and to exercise control and 
supervision over them. 
(c) 
To dismiss any employee for cause, which dismissal in the case of 
permanent and classified employees shall be in conformity with the Civil Service Law; 
(d) 
To delegate authority to subordinate officers and employees of the 
Commission, except with regard to the issuance of warrants of arrest, search warrants, 
warrants for deportation, hold-departure orders, allow-departure orders, and order for 
blacklisting which may only be delegated to the Associate Commissioners; 
(e) 
To accept donations of materials, equipment or technical services from 
any foreign government, international or domestic organization, to upgrade the 
efficiency and operations of the Commission: Provided, That such is not onerous on the 
part of the Commission; 
(f) 
To act on petitions for issuance of quota immigrant visa or change of 
admission status to quota immigrant: 
(9) 
To act on petitions for issuance of special non-immigrant visa as provided 
under Section 35(m); 
6 


1 
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 
(h) 
(i) 
To act on petitions for declaration of indigency; 
To issue, after determination of the existence of probable cause, warrants 
of arrest, search warrants, warrants for deportation, hold-departure orders, allow- 
departure orders, and orders for blacklisting; 
(j) 
To approve application for visa waivers and extension of stay of non- 
immigrants, upon proper application and under such conditions as he/she may 
prescribe; 
(k) 
To declare such control posts, landing places, airports or portslpoints of 
entry, as helshe may consider to be necessary for the purposes of this Act; 
(I) 
To increase, waive or reduce immigration fees, damages, fines and 
penalties; 
(m) 
To issue certificates of identification to aliens who have obtained Filipino 
citizenship as recognition of their Philippine citizenship; 
(n) 
To issue permits to carry firearms, ammunition and communications 
equipment to authorized intelligence operatives for use in enforcement operations and 
in the execution of warrants: Provided, That such firearms are issued by the 
Commission; 
(0) To authorize and prescribe the forms and the amount of cash bonds for 
the provisional release of respondents; 
(p) 
To provide an express lane for the rendition of services performed for 
individual aliens upon payment of the fees he may prescribe, and to deposit in an 
authorized government 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, 
payment of which shall be in accordance with the existing budget, accounting and 
auditing rules and regulations and to the revised compensation and position 
classification system. Immigration employees may be assigned by the Commissioner to 
do overtime work at rate fixed by him when services rendered is to be paid for by the 
shipping companies and airlines or other persons served; 
7 


1 
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 
(9) 
To impose reasonable fines and penalties for violation of immigration and 
alien registration laws in accordance with guidelines adopted by the Commission; 
(r) 
To submit to the President, and to the Congress, annually or as may be 
directed, a report on the number and the status of aliens in the Philippines; on aliens 
admitted or granted change of status as permanent residents; on aliens who have been 
excluded or deported from the Philippines; on the number of aliens estimated to be 
present illegally in the Philippines in each calendar year and actions taken to arrest 
them; the number and rate of denial of administrative or judicial petitions for 
naturalization, by nationality grouping, for each region in the Philippines; and other such 
transactions of the Commission; 
(s) 
To prepare and submit annual supplemental budget of the Commission for 
the consideration of the Department of Budget and Management; 
(t) 
To prescribe such rules, regulations or other administrative issuance to 
govern proceedings or to carry out provisions of this Act; 
(u) 
To prescribe such forms and bonds, reports, entries, and other papers; 
and 
(v) 
specified by law. 
To perform such other functions inherent in his office although not 
Chapter 3 - The Associate Commissioners 
SEC. 8. Appointment, rank and tenure of the Associate Commissioners. 
- 
There shall be four (4) Associate Commissioners of Immigration who shall be appointed 
by the President, shall have the rank, salary and privileges equal to an assistant 
secretary. The first Associate Commissioner appointed shall hold office for six (6) 
years, and the second (2"d), third (3") and fourth (4'h) Associate Commissioners, for five 
(5), four (4) and three (3) years, respectively. Appointment to any vacancy shall be only 
for the unexpired term of the predecessor. 
SEC. 9. Duties of the Associate Commissioner. - In addition to their duties as 
members of the Board of Commissioners, the Associate Commissioners shall exercise 
8 


1 
2 
3 
4 
5 
6 
I 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
such powers and functions as may be delegated and assigned to them by the 
Commissioner. 
Chapter 4. - The Board of Commissioners 
SEC. I O .  Powers and Functions of the Board. - The Board of Commissioners 
shall have the following powers and functions: 
(a) 
To have exclusive jurisdiction to hear and decide appeals regarding the 
orders or resolutions of the Boards of Special Inquiry with regard to deportation and 
other cases under its jurisdiction; 
(b) 
To act on petitions for issuance of non-immigrant and non-quota 
immigrants andlor change of admission classification to such visa status as may be 
provided in this act or under special laws; 
(c) 
To act on applications for adjustment of status or recommendations for 
revocation of status; 
(d) 
To act on petitions for cancellation of Alien Certificate of Registration by 
reason of 
acquisition of Philippine citizenship, either by birth, election, marriage, 
repatriation, or naturalization; 
(e) 
(f) 
To decide Petitions for Recognition as Filipino citizen and for 
To decide on applications for legalization of residence; 
administrative naturalization under this Act heard by the Board of Special Inquiry; 
(9) 
Special Inquiry; 
(h) 
(i) 
To decide applications for refugee status or asylum heard by the Board of 
To prescribe rules governing proceedings before it; 
To punish for contempt, both direct and indirect, in accordance with the 
24 
25 
26 
27 
28 
29 
pertinent provisions of the Revised Rules of Court; 
(j) 
To prepare and publish an organizational, policy and procedures manual, 
to include requirements, time periods and fees for the perfection of all transactions 
entered into by the Commission with the public; 
(k) 
To professionalize the immigration service by instituting a rigid system of 
screening, selection and development of immigration officers and personnel to ensure 
9 


1 
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 
that only those who are academically, physically and morally fit are appointed, 
particularly to positions which are sensitive in nature; 
(I) 
To formulate policies, directives, programs and projects, as well as the 
rules and regulations and guidelines to implement the provisions of this Act; and 
(m) 
To perform such other functions and powers as may be provided by 
existing laws, rules and regulations of the Commission not inconsistent with any of the 
provisions of this Act. 
SEC. 11. Decisions of the Board. - In any case or proceeding coming before the 
Board of Commissioners, the decision of the majority shall prevail. All decisions of the 
Board of Commissioners shall become final and executory after the lapse of fifteen (15) 
days from promulgation unless stayed upon order of the Court of Appeals. 
SEC. 12. Period for Decision by the Board. - 
Cases before the Board of 
Commissioners shall be decided or resolved by the Board within thirty (30) days from 
the date that they are submitted for decision or resolution. 
SEC. 13. Meetings of the Board. - In all cases, the Board of Commissioners 
shall convene and act as collegial body in all matters referred to in Sec. 10 of this Act. 
The Board shall meet at least twice a month, or as often as the need arises, on such 
day or days as the chairperson may fix. The notice of the meeting shall be given to all 
the members of the Board of Commissioners and the presence of the chairperson and 
two (2) members shall constitute a quorum. In no case shall the Board convene in the 
absence of the chairperson. 
Chapter 5. - The Executive Director 
SEC. 14, Appointment; Tenure; Qualifications and Functions. - There shall be 
an Executive Director of the Commission who shall be appointed by the Commissioner 
and shall hold office during good behavior, unless sooner removed for cause. He must 
be a natural born citizen of the Philippines, at least thirty (30) years of age, and a 
member of the Philippine Bar in good standing for at least three (3) years prior to his 
appointment. He shall act as the technical consultant of the Commissioner and shall 
10 


1 
serve as the Executive Secretary to the Board of Commissioners. The Executive 
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 
Director shall have the following functions: 
(1) 
To be directly responsible for the effective implementation of the policies, 
directives, programs and projects and the rules and regulations and guidelines 
promulgated by the Commission; 
(2) 
To coordinate and supervise the activities of the different operating units 
of the Commission; and 
(3) 
To perform such other functions that may be assigned by the 
Commissioners. 
Chapter 6. -The Board of Special Inquiry 
SEC. 15. Constitution of a Board of Special Inquiry. - Twelve (12) Boards of 
Special Inquiry are hereby constituted, each to be composed of a chairperson and two 
(2) members. 
Each Board shall be designated according to their areas of 
specialization. Among these areas are: application for immigrant and non-immigrant 
visas of foreign nationals in the Philippines, and exclusion and deportation cases. 
SEC. 16. Appointment; Qualification and Tenure of the Members of the Board of 
Special hquiry. - The Chairpersons and members of the Boards of Special Inquiry 
shall be appointed by the Commissioner, all of whom shall be natural-born citizens of 
the Philippines, and at the time of their appointment, at least thirty (30) years of age, 
members of the Philippine Bar in good standing, with at least three (3) years in actual 
court practice. They shall hold office during good behavior, unless sooner removed for 
cause. 
The Commissioner shall appoint from among all members of the Board an 
executive chairperson, who shall be responsible in designating the Boards according to 
their areas of specialization subject to the approval of the Commissioner. 
The chairpersons and members shall receive an annual salary in accordance 
with the salary standardization law. 
SEC. 17. Functions and Duties of the Board of Special Inquiry. - The Board of 
Special Inquiry shall: 
11 


1 
2 
1. 
Have exclusive original jurisdiction to hear and submit for final resolution 
of the Board of Commissioners the following cases: 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
Deportation cases; 
Application for legalization of unlawful residence; 
Applications for refugee status or asylum; 
Questionable or doubtful admission or exclusion; 
Cancellation of immigrant visas, reentry permits, identification certificate 
as a citizen of the Philippines or any other documents issued by the 
Commission obtained by fraud, misrepresentation or concealment of 
material facts; and 
Violations of the immigration and alien registration laws. 
The Boards of Special Inquiry shall perform such other functions and 
powers as now or hereafter may be provided by law, or such rules and regulations of 
the Commission not inconsistent with any of the provisions of this Act. 
SEC. 18. Powers of the Board of Special Inquiry. - In order to effectively 
exercise their functions, the Boards of Special Inquiry shall have the following powers: 
(a) 
To administer oaths; 
(b) 
To punish for contempt of the Board and/or the Commission, both direct 
and indirect, in accordance with the pertinent provisions of the Rules of Courts; 
(c) 
To recommend to the Commissioner the issuance subpoena and 
subpoena duces tecum and summon witnesses to appear in any proceedings of the 
Boards of Special Inquiry; and 
(d) 
To recommend to the Commissioner the imposition of fines and penalties 
and waiver or reduction of fees, charges, fines, and penalties not provided for in this 
Act. 
SEC. 19. Proceedings before the Board of Special Inquiry. - The hearings and 
proceedings before the Boards of Special Inquiry shall be public and open and shall be 
faithfully recorded. In all cases, the Board of Special Inquiry shall meet and act as a 
board. Only members of the Philippine Bar in good standing shall appear for an in 
12 


1 
2 
3 
4 
5 
6 
7 
8 
9 
IO 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
behalf of any party before the Boards of Special Inquiry: Provided, however, That in 
deportation cases, no private individual shall be allowed to appear and act as private 
prosecutor. 
SEC. 20. Resolutions of the Board of Special lnquiry. - Cases before the Boards 
of Special Inquiry shall be decided or resolved within thirty (30) days from the date that 
they are submitted for resolution. Resolutions of the Board of Special Inquiry shall be 
submitted to the Board of Commissioners for their approval/disapproval and shall 
become final and executory fifteen (15) days after receipt of a copy thereof by the alien 
or his counsel of record, unless appeal has been perfected to the Board of 
Commissioners. No motion for reconsideration is allowed. 
SEC. 21. 
Procedure and Period For Appeal. - 
An alien may appeal the 
resolution of the Board of Special Inquiry to the Board of Commissioners by filing a 
notice of appeal, payment of the appeal fee, and submission of a written memorandum 
of appeal signed by the foreign national. The appeal must be filed with the Board of 
Special Inquiry who decided the case, within forty-eight (48) hours from the time a copy 
of the resolution is received by the appellant andlor counsel of record. No appeal filed 
after this period shall be accepted. Where such appeal has been taken, any further 
appeal shall be disregarded. 
SEC. 22. Transmittal of the Records on Appeal to the Board of Commissioners. - 
The Boards of Special Inquiry shall, upon perfection of the appeal, transmit within forty- 
eight (48) hours the entire records of the case to the Board. The Board may, motu 
proprio or upon motion by the appellant, hear the case de novo or receive additional 
evidence. The appeal shall stay the resolution or decision appealed from unless the 
Board directs its execution pending appeal considering the nature and circumstances of 
the case. 
SEC. 23. Period for Resolution of the Appeal. - The Board of Commissioners 
shall decides the appeal within sixty (60) days from receipt of the records of the case. 
The decision of the Board shall become final and executory fifteen (15) days after 
receipt by the appellant or his counsel of record of a copy thereof. 
13 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
I 1  
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
Chapter 7. - Departments and Personnel of the Commission 
SEC. 24. Departments of the Commission. - The Commission shall have seven 
(7) departments, namely: 
A. 
Administration; 
B. 
Law and Investigation; 
C. 
Financial and Management; 
D. 
Intelligence; 
E. 
F. 
Alien Registration and Statistics; 
G. 
SEC. 25. Heads of the Department. - Each of the above departments shall be 
headed by a Director who shall be a holder of a college degree and the appropriate civil 
service eligibilities: Provided, however, That the Director for Law and Investigation shall 
be a member of the Philippine Bar in good standing and the Director for Financial And 
Management shall be a Certified Public Accountant. 
Immigration Regulations and Alien Control; 
Electronic Data Processing and Records Management; 
SEC. 26. Functions of each Department. - A. The Administration Department 
shall have the following functions: 
Direct and supervise the administrative and other support activities of the 
Commission; 
Develop and administer progressive personnel management programs on 
recruitment, selection, appointment, placement, promotions, career and 
employee development, welfare services and incentive system; and 
develop and conduct appropriate training programs for personnel of the 
Commission; 
Serve as a clearing center for all official communications, whether 
incoming or outgoing; establish and maintain a sound central records 
system and the efficient management thereof; 
Acquire and process requisitions for supplies, materials, and equipment, 
provide for the safe and proper storage thereof, and conduct periodic 
14 


1 
2 
3 
4 
5 
6 
I 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
inventory of the same; provide messengerial, janitorial, security, and other 
utility services; 
Reproduce, disseminate, and maintain an updated compilation of all 
issuance of the Commission signed by the Commissioner or Board of 
Commissioners and make the same available to any interested party; and 
maintain and keep an official logbook of all such issuance; 
Administer the medical and dental services and physical fitness programs 
of the Commission; 
Receive complaints and grievances from the general public, prepare 
referrals to concerned offices and monitor responses or actions taken; 
and 
Perform such other functions as directed by the Commissioner or as may 
be provided by law. 
The Law and Investigation Department shall have the following functions: 
Advise the Commissioner on all legal matters affecting the administration 
and enforcement of the immigration, alien registration, citizenship, and 
naturalization laws; and render legal service to the Commissioner and 
employees of the Commission; 
Represent the Commission or the Commissioner in court, collaborate with 
the office of the Solicitor General in the proper prosecution of cases on 
appeal to the Court of Appeals or the Supreme Court; collaborate with the 
prosecutor concerned in the prosecution of criminal cases for violation of 
the immigration, alien registration, citizenship, and naturalization laws; 
Process, evaluate, 
and 
recommend 
appropriate 
action 
to 
the 
Commissioner on applications/petitions for declaration of indigency; and 
investigate and recommend appropriate action to the Commissioner 
involving complaints for violations of the immigration and alien registration 
laws and regulations; 
15 


1 
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 
(4) 
(7) 
Prepare request to any law enforcement agency for a background 
investigation and records check of native-born foreign national applying 
for administrative naturalization or recognition for the approval of the 
Commissioner; 
Process, evaluate, and recommend appropriate action to the Board of 
Commissioners visa applications/petitions provided for under Section 35 
paragraphs (e), (f), (91, (h), (i), U), (k) and (I); 
Prepare request to any law enforcement agency for a background 
investigation and records check of native-born foreign national applying 
for administrative naturalization or recognition for the approval of the 
Commissioner; 
To gather and consider evidence which is material and relevant to the 
administration and enforcement of this Act and, when necessary, make a 
written record of such, evidence; 
To recommend to the Commissioner the issuance of search warrants and 
warrants of arrest and other processes against aliens complained of or 
charged; 
Recommend confiscation of cash bonds or surety bonds for violation of 
the terms and conditions thereof; 
Evaluates complaints on alien, smuggling; prepares complaint affidavits 
against aliens and other persons who engaged in human smuggling for 
filing with the office of the prosecutor for possible filing of criminal charges 
before the courts; 
Investigate administrative cases against employees of the Commission 
when directed by the Commissioner; 
Represent the Commission in matters relating to agreements between the 
Philippines and another country concerning immigration, illegal entry, and 
border crossing; 
16 


1 
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 
Shall act as the prosecuting arm of the Commission, more particularly on 
deportation cases; 
Prepare warrants of detention and search and seizure warrants for 
violation of the immigration and alien registration laws and regulations; 
and prepare hold-departure orders or orders for the lifting thereof upon 
instructions of the Commissioner; 
They shall likewise process and make recommendations on Petitions for 
administrative naturalization and petitions for recognition as Filipino 
citizens which shall include the following functions: 
a. 
b. 
C .  
d. 
e. 
Process and make recommendations on 
applications for 
administrative naturalization and cancellation of alien registry 
based on claims of Philippine citizenship either by birth, election, 
marriage, repatriation, or naturalization; 
Process and make recommendations on petitions for recognition of 
Filipino citizens; 
Process, evaluate and make recommendations to the Board of 
Commissioners on visa applicationslpetitions for conversion of 
admission status from temporary visitor to quota or non-quota 
immigrant visa. 
Receive and docket all petitions for administrative naturalization, 
cancellation of Alien Certificate of Registration (ACR) or 
recognition as Filipino citizens filed under this Act and handle the 
publication requirements thereof; 
Recommend the revocation or Certificates of Identification of 
Philippine Citizenship or Certificate of naturalization issued 
pursuant to this Act, acquired through fraud, misrepresentation, 
false and misleading statements or documents, or concealment of 
material facts; 
17 


1 
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 
f. 
Keep and preserve intact at all times records of all proceedings for 
the acquisition or reacquisition of Philippine citizenship and all 
other official actions related to or in connection therewith; 
g. 
Process 
and 
make 
recommendations 
on 
application 
for 
administrative naturalization and cancellation of alien registry 
based on claims of Philippine citizenship either by birth, election, 
marriage, repatriation, or naturalization; 
Process and make recommendations on petitions for recognition of 
Filipino citizens; 
Receive and docket all petitions for administrative naturalization, 
cancellation of Alien Certificate of 
Registration (ACR) or 
recognition as Filipino citizens filed under this Act and handle the 
publication requirements thereof; and 
h. 
I. 
(16) 
Perform such other functions as may be directed by the Commissioner or 
as may be provided by law. 
C. 
The Financial Management Department shall have the following functions: 
(1) 
Prepare the annual and special budgets of the Commission; provide 
technical advice on fiscal matters; prepare and submit performance and fiscal reports; 
and control allotments and obligations; 
(2) 
Maintain and keep books of accounts for the Commission; ascertain that 
all transactions have been properly recorded; submit financial statements and reports; 
ascertain and certify to the correctness of vouchers for traveling expenses; and 
compute and deduct Government 
Service Insurance System (GSIS) insurance 
premiums, Medicare contribution, withholding taxes and other legitimate payroll 
deductions; and prepare correspondence on bookkeeping matters; 
(3) 
Undertake 
regular 
management 
studies 
of 
the 
Commission's 
organizational structure and manpower requirements and utilization; review existing 
methods, procedure, and systems; and make recommendations for improvements; 
(4) 
Undertake income projections for the Commission; 
18 


1 
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 
(5) 
Prepare annual budgetary requirements of the Commission to be 
submitted to the Department of Justice and the Department of Budget and 
Management; and 
(6) 
Perform such other functions as directed by the Commissioner or as may 
be provided by law. 
D. 
(1) 
The Intelligence Department shall have the following functions: 
Provide accurate and complete intelligence information for the effective 
enforcement of the immigration, alien registration, citizenship, and laws and regulations; 
Collect, collate, and evaluate data and information on acts in violation of 
the immigration, alien registration, citizenship, and naturalization laws and regulations, 
and immediately report such violations to the Commissioner or immigration district 
director concerned, and take the necessary and appropriate action as directed by them; 
Coordinate with other intelligence and security agencies (domestic and 
foreign) in the collection and dissemination of intelligence information concerning aliens 
entering or leaving the Philippines; 
(2) 
(3) 
(4) 
Detect and report subversive and terrorist activities of aliens and other 
activities inimical to national interest; 
(5) 
(6) 
Take steps to safeguard the country from illegal entrants; 
Conduct surveillance operations in specific target areas as directed by the 
Commissioner or hislher authorized representative; 
(7) 
Interview aliens summoned or conduct inquiry of aliens taken into custody 
pursuant to a warrant of detention; 
(8) 
Commission; and 
(9) 
Serve orders and/or subpoenas issued by the competent authorities of the 
Perform such other functions as directed by the Commissioner or as may 
be provided by law. 
E. 
The Immigration Regulations and Alien Control Department shall have the 
following functions: 
1. 
lmmiqration Regulation 
19 


1 
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 
(a) 
Enforce the immigration laws and the regulations relating to the entry and 
admission of aliens on primary inspection, as well as their exclusion or repatriation, and 
the temporary landing of transients; and those relating to the imposition of 
administrative fines against vessels or aircraft for violations of the immigration laws and 
regulations; 
(b) 
Monitor all aliens admitted for temporary or limited periods only, in 
coordination with the Intelligence Division; 
(c) 
Keep under surveillance all commercial vessels or aircraft and the alien 
members of their crew while in Philippine territory; 
(d) 
Commissioner; 
(e) 
Serve warrants of detention, or search and seizure warrants, issued by the 
Take charge of the physical detention of aliens pending determination of 
their excludability, deportability, or reparability; 
(f) 
(9) 
Take charge of and attend to the removal or deportation of aliens; 
Draft orders and circulars for the guidance of immigration officers in the 
proper enforcement of the immigration laws and the regulations, for the approval of the 
Commissioner; and 
(h) 
Perform such other functions as directed by the Commissioner or as may 
be provided by law. 
2. 
(a) 
The Sub-ports and Border Crossinq Monitoring 
To conduct border patrol operations in the agreed border areas in order to 
deter illegal activities and other acts inimical to the national interests of the Philippines 
and the contracting state concerned; 
(b) 
To establish an expeditious and simplified system of control for the entry 
and exit of qualified boarder crossers; 
(c) 
To enforce passport, visa and immigration laws and regulations in all other 
cases of travel or border crossing not covered by such agreement; 
(d) 
To oversee the exclusion, apprehension, deportation, and repatriation of 
illegal entrants; and 
20 


1 
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 
(e) 
To perform such other duties and functions as directed by the 
Commissioner or higher authorities. 
3. 
(a) 
The Travel Control for International Airports and Seaports 
The enforcement and the administration of the immigration laws within the 
premises and areas of an international airport; 
(b) 
To establish an expeditious and simplified system of control for the entry 
and exit of qualified border crossers; 
(c) 
To enforce passport, visa and immigration laws and regulations in all other 
cases of travel or border crossing not covered by such agreement; 
(d) 
To oversee the exclusion, apprehension, deportation, and repatriation of 
illegal entrants; and 
(e) 
To perform such other duties and functions as directed by the 
Commissioner or higher authorities. 
F. 
The Alien Registration and Statistics Department - shall have the following 
functions. 
(1) 
Take charge of the registration of aliens pursuant to and in accordance 
with the Alien Registration Act of 1950, as amended, and the regulations and 
subsequent national listing or census of aliens who are residents in the Philippines; 
(2) 
Prepare certificates of identification of Philippine citizenship and 
certificates of naturalization under this Act, for the signature of the Commissioner and 
transmittal to the Department of Justice for the signature of the Secretary; 
(3) 
Keep and maintain photofile records of registered aliens; and records of all 
portrait parle examinations; 
(4) Take and maintain records of fingerprints of registered aliens; classify, 
verify, and file fingerprint charts for dactylographic purposes, and preserve their integrity 
at all times; 
(5) 
Issue certifications reflecting the true status or category of aliens, such as 
non-immigrants, immigrants, temporary visitors, treaty traders, pre-arranged employee 
and non-immigrant students; 
21 


1 
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 
(6) 
Issue exit clearance certificates, certificates of exemption, re-entry permits 
of aliens under the same status prior to leaving the country; 
(7) 
Issue duplicate originals for lost certificates of registration, certificates of 
residence or other registration documents of aliens, after investigation and favorable 
recommendation of the Alien Registration and Statistics Department; 
(8) 
Draft orders and circulars for the guidance of alien registration officers in 
the proper enforcement of the alien registration laws and the regulations, for the 
approval of the Commissioner; and 
(9) 
Perform such other functions as directed by the Commissioner or as may 
be provided by law. 
G. 
The Electronic Data Processing and Records Management Department 
shall have the following functions: 
(1) 
Plan, design, and implement all management information, office 
automation, and data processing systems of the Commission; 
(2) 
Plan for, install, maintain in proper condition, and operate computers, data 
communication facilities, and automation equipment with emphasis on ensuring the 
integrity and protection of the data and information stored in the system; 
(3) 
(4) 
(5) 
Linking, planning, execution and control within the subsystem; 
Coordinating and integrating the subsystem; 
Prepare computer equipment sites and acquire related software, materials 
and supplies; 
(6) 
(7) 
Ensure effective usage of computer resources; 
Develop and train service personnel in modern computer and office 
automation techniques, and train other personnel in its efficient usage; 
(8) 
Keep and maintain original up-to-date and accurate records of all 
registered aliens in the Philippines, reports of change of address, amendments to 
entries in their certificates of registry to show the correct particulars of registered aliens, 
and cancellation of the alien's registry by reasons of his death or acquisition of 
Philippine citizenship, and preserve their integrity at all times; 
22 


1 
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 
(9) 
Keep and maintain an updated file of derogatory records and properly 
evaluated summaries of information against aliens, including those who have been 
excluded, removed, and deported and those facing deportation charges, or are included 
in the hold-order list, blacklist or watch list; 
(IO) Establish links with other government agencies to facilities validation of 
required documents presented for all transactions and gathering supplement 
information for other services of the Commission; 
(11) 
Ensure the security, safety and integrity of all records, data and 
information stored in the system; and 
(12) 
Perform such other functions as directed by the Commissioner or as may 
be provided by law. 
Chapter 8. - Immigration and Naturalization Regions 
SEC. 27. 
Establishment of Immigration and Naturalization Regions; Head 
Thereof - The Commissioner shall group provinces and cities in the Philippines on the 
demographics of its alien population, into immigration and naturalization regions, the 
respective limits of which may be changed from time to time for the effective 
administration, implementation and enforcement of this Act. 
An immigration and 
naturalization region shall have its principal office in the place where the principal port of 
entry for customs purposes is located. It shall be headed by a Regional alien control 
Supervisor who shall be charged with the administration and enforcement of 
immigration, alien registration, citizenship, and naturalization laws and other related 
laws within his jurisdiction and operational area of responsibility. He shall also perform 
such other functions as may be directed by the Commissioner. 
SEC. 28. 
Powers, duties and funcfions of the Regional Alien Confrol 
Supervisor. - Subject to the rules, regulations, policies and standards to be prescribed 
by the Commissioner, the Regional Alien control Supervisor shall, within the region 
under his jurisdiction and operational area of responsibility, perform the following 
powers, duties and functions: 
23 


1 
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 
(a) 
the commission; 
(b) 
(c) 
Commissioner; 
(d) 
Implement the laws, policies, programs, and the rules and regulations of 
Collect immigration fees as may be allowed by the Commissioner; 
Issue immigration documents including visas as may be delegated by the 
Prescribe regulations, not inconsistent with this Act, or the regulations of 
the Commission, for the effective administration of the region, the same to be effective 
upon approval by the Commissioner; 
(e) 
Supervise the officers and employees of the immigration field offices in the 
cities and provinces; 
(f) 
Coordinate 
with 
other 
regional 
officials 
of 
other 
departments, 
commissions, or agencies of the government in his region; and 
(g) 
Perform such other functions as may be provided by law or as directed or 
delegated to him by the Commissioner. 
Chapter 9. - immigration Field Offices 
SEC. 29. Establishment of lmmigration Field Offices. - The Commissioner shall 
establish immigration field offices in such cities and provinces where the entry of 
foreigners and the alien population in such places warrant. 
SEC. 30. Head of lmmigration Field Office; Responsibility. - The Immigration 
Field Office shall be headed by the District Alien Control Officer who shall be 
responsible for the enforcement and administration of the immigration laws, policies and 
procedure within their respective cities and provinces. Said field office shall be under 
the supervision and control of the Regional Alien Control Supervisor. 
Chapter I O .  - Other Officers of the Commission 
SEC. 31. lmmigration Attaches. - The positions of Immigration Attaches are 
hereby created, No person shall be appointed to the position of immigration attaches 
unless he has been employed in the Commission holding a position not lower than a 
section head for at least three (3) consecutive years immediately prior to his 
appointment with the appropriate eligibilities and qualifications for such a post. He 
24 


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 
should not have any administrative or criminal case filed against him. They shall report 
directly to the Commissioner. 
SEC. 32. lmrnigration Officers. - The positions of immigration officers are hereby 
created. No person shall be appointed to the position of immigration officer unless he is 
a holder of a bachelor’s degree and a first grade civil service eligible. The immigration 
officers shall perform the following duties: 
(a) 
To examlne with the assistance and advice of medical authorities in 
appropriate cases, aliens at the port of entry concerning their admissibility to enter and 
their qualifications to remain in the Philippines; 
(b) 
To exclude aliens not properly documented, and to admit non-immigrants 
complying with the applicable provisions of immigration and related laws; 
(c) 
To administer oaths in connection with the performance of their duties: to 
take and consider evidence concerning the right of any alien to enter or reside in the 
Philippines to go on board and search for allens on any vessel, aircraft or other 
conveyance believed being used to bring aliens into the Philippines illegally, and to 
arrest without warrant any alien who in the presence or view of the immigration officers 
is entering or is about to enter the Philippines in violation of immigration and related 
laws, rules and regulations; 
(d) 
To conduct a search, without warrant, of an alien seeking admission to the 
Philippines, and of the personal effects in his possession, whenever the immigration 
officer has reasonable cause to suspect that grounds exist for exclusion of such alien 
from the Philippines under this Act; 
(e) 
To act as control officers in the departure of aliens, and in this connection, 
to prevent the departure of aliens who do not possess the necessary emigration 
clearance certificate or exemption certificate or other required exit document validly and 
regularly issued; and 
(f) 
To implement regulations or orders issued by the Commissioner 
concerning the entry into and the departure from the Philippines of all persons. 
25 


1 
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 
21 
28 
29 
SEC. 33. 
Designation of Employees; Special Inquiry Officers. - 
The 
Commissioner may designate, in accordance with Civil Service law, rules and 
regulations, any competent and qualified employee of the Commission, to act as 
immigration officer or special inquiry officer; or assign any employee to other offices 
within the Commission and/or assign him additional or other duties as the best interest 
or exigency of the service may require. 
SEC. 34. Assignment of Employees to do Overtime Work. - The Commissioner 
may assign immigration employees to do overtime work or to perform express lane 
services pursuant to rules and regulations to be prescribed and at rates fixed by the 
Commissioner when the services to be rendered is to be paid by the airline/shipping 
companies or other persons served: Provided, That payments for the above services 
shall be made directly to the Commission: and Provided, further, That all collections 
shall be deposited under a special trust account in an authorized government depository 
bank which shall be made available for payment of overtime pay and allowance to the 
employees concerned and the maintenance of the system, subject to such rules and 
regulations that the Commissioner may prescribe in relation thereto: Provided, finally, 
that said utilization of funds shall be in accordance with the existing budget, accounting 
and auditing rules and regulations. 
TITLE 111 
IMMIGRATION 
Chapter 1. - Non-Immigrants 
SEC. 35. Categories of Non-immigrants and types of Visa issued. - Foreign 
nationals departing from any place outside the Philippines who are otherwise admissible 
and who qualify within one of the following categories may be admitted as non- 
immigrants: 
(a) 
Foreign Government Officials (A Visa) - 
Foreign government officials, 
their families and servants including ambassadors, diplomats, public ministers and 
consular officers who are assigned to represent their respective countries in the 
Philippines; 
26 


1 
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 
(b) 
Business Visitors (B-I Visas) & Pleasure Visitors (B-2 Visas) - Temporary 
visitors or visitors temporarily engaged in activities of a commercial or professional 
nature for a foreign employer or for themselves that will not result in gainful employment 
in the Philippines. 
As used herein, the term "business" refers to conventions, 
conferences, consultations and other legitimate activities of a commercial or a 
professional nature, but does not include local employment or labor for hire. The term 
"pleasure" refers to leisurely stay or stay in the Philippines for holiday purposes. 
(c) 
Transit Persons (C Visas) - Persons passing through the Philippines 
merely for a "stop over" who have confirmed reservations to catch connecting flights to 
another country within a designated period of time or passengers in immediate and 
continuous transit through the Philippines to a destination outside thereof. 
(d) 
Crew members (D Visas) - Members of the crew of aircraft or vessels 
required for the normal operation and servicing of the aircrafts or vessels, who come to 
the Philippines temporarily as part of their jobs either arriving with or coming to join the 
vessels or aircrafts. As used herein, a crewman is defined as one serving as such in 
any capacity required for the normal operation and services on board a vessel or 
aircrafts who intends to land temporarily and solely in pursuit of his calling as a 
crewman and to depart from the Philippines with the vessel or aircraft. 
(e) 
Treaty Traders (E-I Visas) & Treaty Investors (E-2 Visas) - Citizens and 
their family members from a country that has trade treaty with the Philippines and 
coming to work in the Philippines for either a company they own or one that has at least 
fifty percent (50%) by other nationals of their own home country must be engaged in 
substantial trade between the Philippines and their home country shall be granted an E- 
l visa. 
Citizens and their family members of a country that has an investor treaty with 
the Philippines and coming to work in the Philippines for a business they own or one 
that has at least fifty percent (50%) by other nationals of their home country and which 
business is supported by a substantial investment from national of their home country 
29 
shall be granted an E-2. 
27 


1 
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 
(f) 
Representatives of International Organizations and Government Agencies 
(F Visas) - Officials and principal representatives and foreign workers of accredited 
international organizations as well as missions including their family members, staff and 
servants. As used herein, the term "accredited international organization" includes any 
public international organization in 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 of such participation and such other 
international organizations, institutions, agencies, programs, foundations and entities 
which are recognized by the government of the Republic of the Philippines, including 
those existing and already recognized as such at the time of the effectivity of this Act. 
The term "servants" refer to members of the households and employees of persons to 
whom the F visa has been granted. 
(9) 
Media Workers (G Visas) -Foreign media personnel or correspondents 
duly accredited by the government agency concerned , who are bona fide 
representatives of a foreign press, radio, satellite, television, film, or other information 
media, and are coming to the Philippines solely to engage in gathering unrestricted 
information principally for dissemination abroad, including their family members 
accompanying or following to join them during the period of the assignment in the 
Philippines. 
(h) 
Student (H Visas) - Foreign students having means sufficient for their 
support and education in the Philippines who are at least sixteen (16) years of age and 
who seek to enter the Philippines temporarily for the sole purpose of taking up a course 
of study higher than high school at a universitykeminary, academy or college approved 
for such a kin students by the Commissioner; Provided that the Commissioner shall, in 
collaboration with the Commission for Higher Education, regularly monitor that status 
and activities of said alien students in the Philippines under such arrangements as may 
be agreed by the two agencies. 
(i) 
Exchange Visitors (I Visas) - Aliens entering the Philippines temporarily 
to teach, study, observe, conduct research or receive training in a specific Exchange 
28 


1 
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 
Visitor Program duly approved by the Philippine Government which includes experts, 
industrial and business trainees, scholars, students, teachers, researchers, medical 
residents or interns. 
(j) 
Foreigners Under Prearranged Employment (J Visas) - Aliens coming to 
the Philippines on prearranged employment, including their family members 
accompanying or following to join them within the period of their employment. This 
includes intra-company transferees, professionals, specialty occupations, persons of 
extraordinary capabilities, performing artists and athletes, and cultural exchange 
workers under a work exchange program. 
(k) 
Religious Workers (K Visas) - Duly obtained or professional missionaries 
and religious ministers including members of their family coming to the Philippines to 
join a religious congregations 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 the doctrines, dogmas or tenets of their faith or religion. 
(I) 
Refugees and Asylum seekers (-1 Visas) & Stateless Persons (L-2 Visas) 
- Refugees and stateless persons whose admission for humanitarian reasons and 
when not opposed to public interest has been approved by the Commissioner or the 
President in such class of cases and under such conditions as he may prescribe. As 
used herein, the term "refugee" refers to a person, who owing to a well founded fear of 
prosecution for reasons of race, religion, nationality, membership in a particular social 
group or political opinion, is outside the country of his nationality and is unable or, owing 
to such fear, unwilling to avail himself of the protection of that country, or who not 
having a nationality and being outside the country of his former habitual residence is 
unable or unavailing to return to it. As used herein, the term "stateless person" refers to 
a person who is not considered a national by any State under the operation of its law. 
(m) 
Special Non-Immigrants (M Visas) - 
Such other aliens including their 
family members who may be admitted as non-immigrants under special laws or aliens 
not otherwise provided for by this Act who are coming for temporary periods only, and 
29 


1 
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 
whose admission are authorized by the Commissioner or the President in the public 
interest or for humanitarian considerations and under such conditions as he may 
prescribe. 
Chapter 2. - Immigrants 
SEC. 36. Quota Immigrants. - Subject to conditions set forth in this Act, there 
may be admitted into the Philippines immigrants, termed "quota immigrants", not to 
exceed two hundred (200) of any one nationality based on immigration reciprocity, for 
any one calendar year, and upon allotment by the Commissioner of the corresponding 
quota number. In the allotment of quota numbers, the following order of preference 
shall be observed: 
(a) 
First Preference - those service and qualifications show a high 
educational attainment, technical training, specialized experience, or exceptional ability 
in the sciences, arts, professions, or business as would reasonably enhance and 
contribute substantial benefits prospectively to the national economy, or cultural or 
educational interests or welfare of the Philippines, including their family members, 
accompanying or following to join them, who shall likewise be allotted individual quota 
numbers; 
(b) 
(c) 
Second Preference - Parents of a citizen 
Third Preference - Spouses or minor children of foreign nationals who are 
lawful permanent residents of the Philippines. 
(d) 
Fourth Preference - Parents of foreign nationals/aliens who are lawful 
permanent residents of the Philippines. 
SEC. 37. Non-Quota Immigrants. - The following immigrants, termed "non-quota 
immigrants", may be admitted without regard to numerical limitation and immigration 
reciprocity: 
(a) 
The spouse of a citizen: Provided, however, that the abandonment and 
failure to give support by the alien spouse to his Filipino wife and family, legal 
separation, or termination of the marital status by annulment or divorce where the cause 
is attributable to the alien spouse, shall constitute grounds for cancellation of the 
30 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
1 1  
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
immigrant visa issued to the alien spouse if such even occurs within two (2) years from 
the date of their marriage; 
(b) 
A child-born to an alien mother during her temporary visit abroad, the 
mother being a lawful permanent resident of the Philippines, if accompanied by or 
coming to join the mother who applies for the admission of the child within five (5) years 
from the date of the child's birth; 
(c) 
A child born subsequent to the issuance of the immigrant visa of the 
accompanying parent, the visa not having expired; 
(d) 
A woman who was formerly a citizen of the Philippines and who lost her 
citizenship by reason of marriage to a foreign national or the loss of Philippine 
citizenship by her husband, including her family members accompanying or following to 
join her; 
(e) 
A foreign national who had been lawfully admitted into the Philippines for 
permanent residence, who is returning from a temporary visit abroad to an non- 
relinquished residence in the Philippines; 
(f) 
A natural born citizen who become a naturalized citizen of a foreign 
country, and is returning to the Philippines for permanent residence therein, including 
his spouse and minor children accompanying or following to join him; 
(9) 
(h) 
A foreign national legally adopted by a citizen; and 
Spouse of a foreign national who has been granted a permanent resident 
visa. 
SEC. 38. Allotment of Quota. - The Commissioner shall, in allotting quota 
numbers for the first preference, allot not more than fifty percent (50%) of the annual 
quota allotment up to the end of June each year: Provided, however, that if the fifty 
percent (50%) is not utilized by the first preference, the balance thereof shall be given to 
the second and third preferences following the order of preference specified under 
Section 36 of this Act. Any unused quota allotment for calendar year cannot be carried 
over and utilized for the ensuing calendar year 
31 


1 
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 
SEC. 39. 
Basis in Determination of Quota Allotment. - The nationality of an 
immigrant whose admission is subject to the numerical limitation imposed by Section 36 
of this Act shall be that of the country of which the immigrant is a national or a citizen. 
The nationality of an immigrant possessing dual nationality may be that of either of the 
two countries regarding him as a national or citizen if he applies for a visa in a third 
country. If he applies for a visa within one of the two countries regarding him as a 
national or citizen, his nationality shall be that of the country in which he shall file his 
application for a visa to enter the Philippines. 
SEC. 40. Status of Children Born to Foreign Nationals. - A child born in the 
Philippines to parents who are foreign nationals and lawful residents of the Philippines 
shall be deemed a native-born permanent resident. However, a child born to parents 
who are both nonimmigrant shall be deemed a native-born nonimmigrant or temporary 
resident and may remain in the Philippines only during the period of authorized stay of 
the parents, unless he reaches the age of eighteen (18) while continuously residing in 
the country, in which case he may apply for naturalization under this Act. 
Chapter 3. -Adjustment of Status 
SEC. 41. Conditions for Adjustment of Status of Foreign Nationals. - The status 
of a foreign national admitted into the Philippines as non-immigrant may be adjusted by 
the Board, in their discretion and under such regulations as the Commissioner may 
prescribe, to that of an alien lawfully admitted for permanent residence if: (a) the alien 
makes an application for such adjustment; (b) the alien is eligible to receive a quota or 
non-quota immigrant visa and is admissible to the Philippines for permanent residence; 
and (6) a quota immigrant visa, if such is the case, is immediately available to him at the 
time his application is filed, without the need for first departing from the Philippines. In 
all such cases, the personal appearance of the alien shall be required during the 
consideration of his application. 
SEC. 42. Effect of Approval of Request for Adjustment. - Upon the approval of 
an application for adjustment of status under the preceding section, the Commissioner 
shall record the foreign national's lawful admission for permanent residence as of the 
32 


1 
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 
date of approval of the application. The Commissioner shall reduce by one of the 
preference immigrant visa authorized to be issued under Section 36 of this Act within 
the class to which the foreign national is chargeable for the calendar year then current, 
is such be the case. 
SEC. 43. Adjustment of Status, When Not Allowed. - Adjustment of status under 
Section 41 of this Act shall not be applicable to (a) an alien crewman; (b) a foreign 
national who hereafter continues in or accepts unauthorized employment prior to filing 
of his application or who is in unlawful immigration status on the date of filing of his 
application or who has failed (other than through no fault of his own or for technical 
reasons) to maintain continuously a lawful status since entry into the Philippines, (c) a 
foreign national admitted as a temporary visitor without visa, and (d) transients. 
Chapter 4. - Documentation and Admission of Non-Immigrants 
SEC. 44. 
Documentary Requirements of Non-immigrants; instances when not 
required. - 
Non-immigrants must present for admission into the Philippines valid 
passports issued by the governments of the countries to which they owe allegiance or 
other travel documents showing their origin and identify as prescribed by regulations, 
and valid visa granted by Philippine diplomatic or consular officers; except that no 
documentation shall be required in respect of the following aliens: 
(a) 
A child qualifying as a non-immigrant born subsequent to the issuance of 
the passport visa of an accompanying parent, the visa not having expired; 
(b) 
(c) 
A crewman qualifying as such under the pertinent provisions of this Act; 
A foreign government official covered by agreements on the waiver of 
official visas; 
(d) 
waiver of visas; 
(e) 
A national of a country with which the Philippines has agreement on 
An alien entering with the approval of the President expressly waiving visa 
requirements pursuant to the provisions of Section 52 and 53 of this Act; and 
(f) 
An alien coming to the Philippines as a bona fide tourist under special 
laws. 
33 


1 
SEC. 45. Conditions and Period of Authorized Stay of Temporary Visitors. - The 
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 
period of authorized stay of a non-high risk foreign national admitted as a temporary 
visitor under Section 35 paragraph (b) of this Act shall in no case exceed one (1) year 
and fifty-nine (59) days counted from the date of arrival, while that of a high risk foreign 
national shall in no case exceed seven (7) months and twenty-nine (29) days and shall 
be subject to the following conditions, unless waived by the Commissioner: 
(a) 
(b) 
(c) 
He shall not take any employment, whether paid or unpaid; 
He shall not establish or join in any business; and 
He shall not enroll and become a student at a school, college, university, 
academy, or other educational institution. 
SEC. 46. Conditions for Issuance of Pre-arranged Visas. - A passport visa for a 
nonimmigrant referred to in Sec. 35 (j) of this Act who is coming to prearranged 
employment shall not be issued by a consular officer until the consular officer shall have 
received authorization for the issuance of the visa. Such authorization shall be given 
only on petition filed with the Commissioner of Immigration establishing that no person 
can be found in the Philippines willing and competent to perform the work or service for 
which the nonimmigrant is desired and that the non-immigrant's admission would be 
beneficial to the public interest. The petition shall be made under oath, in the form and 
manner prescribed by regulations, by the prospective employer or his representative. 
The petition shall state fully the nature of the work or service for which the nonimmigrant 
is desired, the probable length of time for which he is to be engaged, the salary and 
other compensation which he is to receive, the reasons why a person in the Philippines 
cannot be engaged to perform the work or service for which the nonimmigrant is desired 
and why the nonimmigrant' admission would be beneficial to the public interest. The 
petition shall be accompanied by a certified copy of any written contract or agreement 
entered into for the immigrant's service and shall contain such additional information as 
may be deemed material. Substantiation of all the allegations made in the petition shall 
be required and the allegations that no person can be found in the Philippines willing 
and competent to perform the work or service for which the nonimmigrant is desired and 
34 


1 
2 
3 
4 
5 
6 
I 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
that nonimmigrant’ admission would be beneficial to the public interest shall be 
established beyond doubt by convincing and satisfactory evidence. 
If the Board of Commissioners finds that the petition complies with the 
requirements of the preceding paragraph and that the petitioner has established the 
facts entitling him to the authorization, the Board shall grant the petition and the 
Commissioner shall so inform the petitioner and promptly transmit authorization to the 
consular office at which the immigrant is to apply for a visa. 
SEC. 47. Conditions for Admission and Stay of Other Non-immigrants. - Except 
as provided for in Sections 45 and 46 of this Act, the admission to the Philippines of any 
alien as a non-immigrant shall be for such time and under such conditions as may be 
prescribed by law or the regulations. The Commissioner may require the posting of a 
cash or surety bond in such sum and under such terms and conditions as he shall 
prescribe, to insure that at the expiration of such time or upon failure to maintain status 
under which an alien was admitted, or to maintain any status subsequently acquired, 
and such alien will depart from the Philippines. 
SEC. 48. Submission of Crew lisf and Passenger Manifest to the Immigration 
Officers. - The master, agent, owner or consignee of any vessel arriving in or departing 
from the Philippines shall furnish the immigration officer at the port of arrival or port of 
departure crew lists and passenger manifests and such other information concerning 
the persons arriving or departing on the vessel required by regulations. The crew list of 
incoming vessels shall be duly visited by the appropriate Philippine consular official 
abroad. 
SEC. 49. lnspection of Crewmembers. - It shall be the duty of the master agent, 
owner or consignee of any vessel arriving in the Philippines to have available on board, 
for inspection by the immigration officer, any alien 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 employed 
on board such vessel shall be paid off or discharged while the vessel is in port without 
the permission of the Commission. 
35 


1 
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 
SEC. 50. Permission for temporary landing of alien crewmembers. - An alien 
crewmember employed on a vessel arriving in the Philippines may be permitted to land 
temporarily under such conditions as shall be prescribed by the Commission. The 
expenses incurred while on land or awaiting repatriation, for medical treatment in a 
hospital or elsewhere, burial in the event of death, and for transfer to the vessel in the 
event of return of any crewmember shall be borne by the master, agent, owner or 
consignee of the carrying vessel. 
SEC. 51. Temporary Detention of Excludable Aliens. - For the purpose of 
ascertaining whether an alien arriving in the Philippines belongs to any of the 
excludable classes of aliens provided in this Act or related laws, the immigration officer 
may temporarily hold for investigation such alien, either on board the vessel or at any 
place designated by the officer at the expense of the master, agent, owner or consignee 
of the carrying vessel. 
SEC. 52. 
Asylum Seekers, Grant of Refugee Status. - Asylum seekers 
(refugees physically present in the Philippines) may apply for and be granted refugee 
status upon the discretion of the Commissioner or President and under such terms and 
conditions as he/she may prescribe. 
Asylum granted under this section may be 
terminated by the President at any time after determination by the appropriate agency 
that the alien is no longer a refugee within the meaning of Section 35(1) of this Act 
owing to a change in circumstances in the person’s country of nationality or, in the case 
of a person having no nationality, in the country in which the person last habitually 
resided. 
SEC. 53. Effect of Grant of Refugee Status to Wife and Children. - A spouse or 
minor child of a refugee who is granted asylum under the preceding section may, if not 
otherwise eligible for asylum under said section, be granted the same status as the 
refugee to assure family unity, or when it is in the public interest, if accompanying or 
following to join the refugee. 
Chapter 5. - Documentation and Admission of Immigrants 
36 


1 
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 
S EC. 54. 
Documentaty Requirements of immigrants; instances when not 
required. - Immigrants must present for admission into the Philippines valid passports 
or travel documents issued by the government of the country to which they owe 
allegiance, showing their origin and identity and valid visas issued by the Philippine 
consular officer indicating the date of issue and the period of validity thereof. Immigrant 
visas, however, shall not be required of the following: 
(a) 
A child born subsequent to the issuance of a valid immigrant visa to the 
accompanying parent; 
(b) 
A child born during the temporary visit abroad of the mother who is a 
lawful permanent resident of the Philippines and a holder of a valid reentry permit, if the 
child is accompanied by either parent within five (5) years from the date of the child's 
birth; and 
(c) 
An alien who is returning to an unrelinquished 
lawful permanent 
residence in the Philippines after a temporary residence abroad and presents for 
admission a valid reentry permit. 
SEC. 55. lssuance of Special Permit to Reenter. - The Commissioner may 
issue a special permit to reenter the Philippines to permanent residents and investors 
who for valid reasons cannot obtain a passport or travel documents from their country of 
nationality. This special permit to reenter the Philippines is not a passport and will not 
bestow Philippine citizenship to the holder. 
Chapter 6. - Visa Issuance 
SEC. 56. 
Requirements for lssuance of Visa. - Under the conditions and 
subject to the limitations prescribed in this Act or regulations issued thereunder, a 
consular officer may upon approval by the Commissioner issue the following: 
(a) 
An immigrant visa to an alien who has made a proper application therefore 
, which shall specify the foreign country, if any, to which quota the number is charged, 
the immigrant's particular status in such country, the preference to which the alien is 
classified, the date on .which the validity of the visa shall expire, and such additional 
information as may be required; and 
37 


I 
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 
(b) 
A non-immigrant visa to an alien who has made proper application 
therefore, which shall specify the classification of the non-immigrant under Section 35 of 
this Act, the period during which the visa shall be valid, and such additional information 
as may be required. 
SEC. 57. Period for Validify of Visa. - A  non-immigrant or immigrant visa issued 
by a consular officer abroad shall be valid for a period not exceeding six (6) months. In 
prescribing the period of validity of a non-immigrant visa, the consular officer shall, 
insofar as practicable, accord to such nationals the same treatment upon a reciprocal * 
basis as such foreign country accords to citizens of the Philippines who are within a 
similar class. An immigrant visa may be replaced under the original number during the 
calendar year in which the original visa was issued for an alien who establishes to the 
satisfaction of the consular officer that he was unable to use the original immigrant visa 
during the period of its validity because of reason beyond his control and for which he 
was not responsible: Provided, that the alien is found by the consular officer to be 
eligible for an immigrant visa and again pays the required fees for an application and an 
immigrant visa. 
SEC. 58. 
Requirements for Physical and or Mental Examination Prior to 
lssuance of Visa. - Prior to the issuance of an immigrant visa to any alien, 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 Secretary of Foreign 
Affairs. In the case of application for non-immigrant visa, the consular officer may prior 
to 
the issuance of such visa require the alien to submit to a physical or mental 
examination, or both. 
SEC. 59. Denial of Visa, Grounds Thereof. - No visa or other documentation 
shall be issued to an alien in the following cases: 
(a) 
If it appears to the consular officer, from the statements in the application, 
or in papers submitted therewith, that such person is ineligible to receive a visa or such 
other documentation under this Act; 
38 


1 
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 
(b) 
If the application fails to comply with the provisions of this Act, or the 
regulations issued thereunder; or 
(c) 
The consular officer knows or has reason to believe that such person is 
ineligible to receive a visa or other documentation and is inadmissible into the 
Philippines under this Act. 
SEC. 60. Treatment oflmmigrant Visa Upon Entry. - An immigrant shall present 
or surrender his immigrant visa to the immigration officer at the port of entry, who shall 
endorse on the visa the date and the port of arrival, the identity of the vessel or aircraft 
on which the immigrant arrived, and such other endorsements as may be required by 
the regulations. 
SEC. 61. Treatment of Non-lmmigranf Visa Upon Entry. - A non-immigrant shall 
present or surrender to the immigration officer at the port of entry such documents as 
may be required by the regulations. In the case of an alien crewman not in possession 
of a seaman's book or crewman's pocket-ledger, or equivalent document other than a 
passport, such crewman may be admitted if his name appears in the duly visited crew 
list of the vessel on which he arrives, but the consular officer shall have the right to 
exclude any alien crewman for the list visa. 
SEC. 62. Nature of Visa Construed. - Nothing in this Act shall be construed as 
to automatically entitle any alien to whom a visa or other documentation has been 
issued to enter Philippines if, upon arrival at a port of entry, he is found to be 
inadmissible under this Act or any other law. 
SEC. 63. Revocation of Visa by the Consular Office. - 
If a visa or other 
documentation is revoked by the consular officer or the Secretary of Foreign Affairs, 
notice of such revocation shall be communicated to the Commissioner. 
Such 
revocation shall invalidate the visa or other documentation from the date of issuance: 
Provided, That the vessel or aircraft on which such alien arrived in the Philippines shall 
not be penalized for the action taken in reliance on such visa or other documentation, 
unless they receive due notice of such revocation prior to the alien's embarkation. 
39 


1 
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 
21 
28 
SEC. 64. Authority of Commissioner to Revoke Visa. - The Commissioner may, 
at any time, for what helshe deems to be good and sufficient cause, revoke the 
approval of any visa petition file in the consulates abroad and approved by himlher. 
Such revocation shall be effective as of the date of any such petition. In no case, 
however, shall such revocation have effect unless notice of the revocation is 
communicated through the Secretary of Foreign Affairs. If notice of revocation is not so 
received and the petitioner applies for admission into the Philippines, his admissibility 
shall be determined by an immigration officer upon his arrival at the port of entry in the 
manner provided for in this Act. 
Chapter 7. - Reentry Permits 
SEC. 65. Application Requirements. - Any resident alien who intends and is 
about to depart from the Philippines with the intention of returning thereafter shall apply 
to the Commissioner for a permit to reenter the Philippines, stating the length of his 
intended absence and the reason therefore. Such application shall be made under 
oath, shall be in such form, contain such information, and be accompanied by such 
photographs of the alien as the Commissioner shall be regulations prescribe. 
SEC. 66. Reentry Permits, When Issued; Validity thereof. - The Commissioner 
may authorize the issuance of a reentry permit in the following cases: 
The alien is a permanent or lawful resident; 
The alien has faithfully complied with all the obligations required of a 
(a) 
(b) 
resident alien; 
(c) 
(d) 
The application is made in good faith; and 
The alien’s proposed departure from the Philippines will not be contrary to 
the interest of the Philippines. 
The reentry permit shall be valid for a period of two (2) years from the date of 
issuance and may be extended on a year-to-year basis, unless earlier revoked for 
cause, The reentry permit shall be accepted in lieu of any visa which otherwise would 
be required from such alien, and may be made good for several trips within the period of 
40 


1 
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 
its validity: Provided, however, That the holder thereof shall pay the exit clearance fee 
and the head tax for every departure from the Philippines. 
SEC. 67. Treafmenf of Reentry Permits. - Unless the reentry permit is valid for 
multiple entry, it shall be surrendered to the immigration officer at the port of entry, upon 
the return of the alien to the Philippines. 
An unused or expired permit shall be 
surrendered to the Commission within thirty (30) days after expiration of its validity. 
Chapter 8. - Exit Clearance Certificate 
SEC. 68. 
Exit Certificate Clearance Requirements. - Except in the case of 
temporary visitors and other non-immigrants whose stay have not exceeded fifty-nine 
(59) days, any alien departing from the Philippines shall apply to the Commissioner for 
clearance to depart. 
The Commissioner any authorize the issuance of an exit clearance to an alien 
without need of fingerprinting and upon surrender of all immigration and registration 
documents previously issued to him showing his admission status in the Philippines in 
the following cases: 
(a) 
The alien has no pending obligation with the government or any of its 
agencies or instrumentalities; 
(b) 
There is no pending criminal, civil, or administrative proceeding which by 
law requires the alien's cQntinued presence in the country; and 
(c) 
There is no ongoing legislative inquiry where the alien is called upon to 
testify as a witness. 
Chapter 9. - Presidential Prerogatives 
SEC. 69. Power of President of Enfry of Foreign Nationals. - Whenever the 
President finds that the entry of any foreign nationals or a class of foreign nationals 
would be detrimental to the interest of the Philippines, helshe may for such period as 
he/she shall deem necessary, suspend their entry and admission into the Philippine or 
impose such restrictions as helshe may deem appropriate. 
SEC. 70. Power of President Re: lmmigrafion and Departure of Aliens - Any 
provision of this Act notwithstanding, the President may: 
41 


4 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
(a) 
Waive documentary requirements and/or passport requirements for non- 
immigrants, and immigrants, under such terms and conditions as he/she may prescribe; 
(b) 
Change the status of non-immigrants by allowing them to acquire 
permanent residence status without necessity of a visa; 
(c) 
(d) 
Admit non-immigrants not otherwise provided for in this Act, for 
humanitarian consideration and when not opposed to public interest, under such terms 
and conditions as he/she may prescribe; 
Deport any foreign national subject to the requirement of due process; 
(e) 
Prohibit the departure from the Philippines of any person who is likely to 
disclose national security information, or who is likely to organize a rebellion abroad 
against the Philippines; or whose presence in the country is necessary to face or be a 
witness in criminal proceedings; and 
(f) 
Exercise with respect to foreign nationals in the Philippines such powers 
as are recognized by the generally accepted principles of international law. 
Title IV 
PROVISIONS RELATING TO ENTRY 
Chapter 1. - Procedures on Arrival 
SEC. 71. lnspecfion by lmmigrafion Officer. - An alien seeking admission or 
readmission to the Philippines shall be subject to primary inspection at the port of arrival 
by immigration officers. The decision of the examining immigration officer, if favorable 
to the admission of any alien, may be challenged by another immigration officer. A 
Board of Special Inquiry shall determine the final determination of admissibility of such 
alien. 
SEC. 72. 
Detention or Quarantine for Examination. - 
For the purpose of 
determining whether an alien arriving at ports in the Philippines belong to any of the 
classes excludable under this Act, by reason of being afflicted with any of the diseases 
or mental or physical defect or disabilities set forth in Section 77(A) of this Act or 
whenever the Commissioner has received information showing that aliens are coming to 
the Philippines from a country or have embarked at a place where any of such diseases 
42 


1 
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 
are prevalent or epidemic, the alien shall be detained or quarantined for a reasonable 
period of time to enable the immigration and medical officers to subject such person to 
observation and examination. 
SEC. 73. 
Medical Examination Requirement. - 
The physical and mental 
examination of an arriving alien whom the examining immigration officer or special 
inquiry officer has observed and believes to belong under the class of excludable aliens 
specified in Section 77(A) of the same Act shall be made by a designated government 
medical officer who shall certify for the information of such officers any and all physical 
and/or mental defects, disorders, or diseases observed or found by him after an 
examination of the alien. If such medical officers are not available in the port of arrival, 
any reputable private physician may be hired and authorized by the Commissioner to 
examine the arriving alien, the necessary expenses therefore to be chargeable against 
the appropriations provided for the enforcement of this Act. 
SEC. 74. Arrival Notice Requirement of Aircraft. - The immigration authorities 
shall be furnished with a timely notice of the arrival of any civil aircraft at or nearest such 
place of first landing before such aircraft comes into any area in the Philippines form 
any place outside thereof. 
If dependable facilities for giving such notice are not 
available before departure, any radio equipment in the aircraft shall be used if this will 
result in the giving of adequate and timely notice during its approach, otherwise, a 
landing shall be made at a place where necessary facilities exist before coming into any 
area in the Philippines. Such advance notice will not be required in the case of aircraft 
of scheduled airlines arriving in accordance with the regular schedule file with the 
immigration office in charge at the international airport of entry in which the place of first 
landing in the area is situated. If, upon landing in any area other than an international 
airport of entry, an immigration officer has not arrived, the captain of the aircraft shall 
keep the passengers and crew in a segregated place until the immigration officer 
arrives. 
SEC. 75. Contents of Notice of Arrival. - The advance notice of arrival required 
in the preceding section shall specify the following: 
43 


1 
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 
(a) 
(b) 
(c) 
(d) 
The type of aircraft and register marks; 
The name of captain of the aircraft; 
The place of last departure; 
The international airport of intended landing, or other place at which 
landing has been authorized by Customs; 
(e) 
(f) 
(9) 
The number of alien passengers and citizen passengers; 
The estimated time of arrival; and 
The authorized agent or representative at place of landing. 
Chapter 2. - Classification of Ports Of Entry 
SEC. 76. Authority to Classify forts. - The Commissioner shall classify and 
designate, from among the ports of entry established by law for customs and 
immigration purposes, such unlimited or limited ports of entry through which aliens may 
enter the Philippines. 
Only such classes of aliens as provided under rules and 
regulations prescribed by the Commission may be allowed entry at limited ports of 
entry. The Commission shall also have the power to close ports of entry designated by 
it whenever advisable in the public interest after due notice to the public. 
Chapter 3. - Exclusions 
SEC. 77. Exclusion Grounds. - The following classes of foreign nationals are 
ineligible for entry and shall be excluded from admission into the Philippines. 
A. 
Health Related Grounds 
1. 
An alien who is determined in accordance with regulations 
prescribed by the Secretary of Health to have a communicable, 
loathsome, dangerous or incurable disease of public health 
significance; 
2. 
An alien who is determined in accordance with regulations 
prescribed by the Secretary of Health: 
(a) 
To have a physical or mental disorder and behavior 
associated with the disorder that may pose, or has posed, a 
44 


1 
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 
threat to the property, safety and welfare of the person or 
others; or 
To have such disorder and associated behavior in the past 
and is likely to recur or to lead to other harmful behavior. 
(b) 
3. 
An alien who is determined in accordance with regulations 
prescribed by the Secretary of Health to be a drug abuser or drug 
addict; 
An alien person or guardian who accompanies an inadmissible 
alien who is certified to be helpless due to infancy, sickness, 
physical or mental disability, and whose protection or guardianship 
is determined, a certified by a medical examining officer, to be 
required by the person. 
4. 
B. 
Economic Grounds 
1. 
An alien who in the opinion of the immigration official, is likely at 
any time to become a public charge, which is defined to be a 
person who by reason of poverty, insanity, disease or disability 
would become a charge upon the public, such as paupers, 
beggars and vagrants or person who might resort to crimes for 
their sustenance; 
An alien who is seeking entry for the purpose of performing skilled 
or unskilled labor, unless the Secretary of Labor certifies that there, 
*w 
.,,pi 
are not enough workers who are able, willing, qualified an" 
available to perform such labor and that the wages and working 
conditions of workers in the Philippines similarly employed !will nto 
be adversely affected. 
2. 
3,' 
C. 
Moral Grounds 
1. 
An alien coming to the Philippines to practice polygamy or who 
advocates the practice of polygamy unless his religion allows such 
practices. 
45 


1 
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 
2. 
Aliens who are pedophiles, sexual perverts or those coming to the 
Philippines for immoral purposes. 
Aliens whom at the time of primary inspection or inquiry by an 
immigration officer exhibit any obnoxious behavior, contempt or 
disrespect for the said officer or any government official or 
authority. 
3. 
D. 
Criminal and Security Grounds 
1. 
An alien who has been convicted of a crime of morai turpitude, 
which refers generally to conduct which is inherently base, vile, 
depraved and contrary to the accepted rules of morality and the 
duties owed between persons or to society in general, or who 
admits to an immigration official having committed such crime, or 
who attempts and conspires to commit the crime. 
2. 
An alien who has been convicted, or who admits having 
committed, or who admits committing acts which constitute the 
essential elements of a violation or conspiracy to violate any law or 
regulation of the Philippines or a foreign country relating to 
controlled substances, regulated or prohibited drug, or who 
attempts or conspires to commit the crime. 
An alien that the Philippine government knows or has reason to 
believe is a trafficker in any controlled substance, regulated or 
prohibited drug or knows or has reason to believe is or has been a 
knowing assister, abettor, conspirator or colluder with others in the 
illicit trafficking in any controlled substance, regulated or prohibited 
drug. 
An alien who has been convicted of two or more offenses (other 
than purely political, and whether or not it was a conviction in a 
single trial or whether the conviction form a single scheme) if the 
3. 
4. 
46 


1 
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 
5. 
6. 
aggregate sentence of confinement actually imposed is five (5) 
years or more. 
Alien prostitutes or persons who have engaged in or sought to 
engage in prostitution or to procure or attempts to procure 
prostitutes, even if prostitution is not illegal in his/her country, or 
who receives in whole or in part the proceeds of prostitution. 
Diplomats and other aliens involved in serious criminal activity who 
assert and has been granted immunity from prosecution. 
An alien coming to the Philippines to engage in any other unlawful 
commercialized vice, whether or not related to prostitution, drug, 
etc. 
Aliens who are fugitives from justice of other countries. 
7. 
8. 
9. 
An alien who, Philippine authorities know or have reasonable 
ground to believe, seeks to enter the Philippines to engage solely, 
principally or incidentally 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 criminally syndicated activities, including 
aliens who are believed to be a members of organized crime 
syndicates; 
any activity, a purpose of which is the opposition, control or 
overthrow of the Philippine government by force, violence or 
other unlawful means; and 
(c) 
(d) 
Any other unlawful activity. 
10. 
An alien is inadmissible if he: 
(a) 
Is engaged in a terrorist activity, individually or as part of an 
organization; 
47 


1 
2 
3 
4 
5 
6 
I 
8 
9 
10 
11 
12 
13 
14 
15 
16 
11 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
Philippine authorities know or have reasonable grounds to 
believe is engaged in or likely to engage in such terrorist 
activity; 
Is under circumstances indicating an intention to cause 
death or serious bodily harm or incite terrorist activity: 
Is a representative of a foreign terrorist organization as 
identified by Philippine authorities; 
Is a member of a foreign terrorist organization as identified 
by Philippine authorities. 
"Terrorist activity" is defined as an act unlawful in a foreign 
country or would be unlawful in the Philippines and involves: 
i) 
ii) 
iii) 
iv) 
v) 
vi) 
vii) 
Hijacking or sabotage of any conveyance (aircraft, 
vessel, vehicle, etc.); 
The seizing or detaining or threatening to kill, injure or 
continue to detain another individual to compel a third 
person to carry on or abstain from an act as an 
explicit or implicit condition for release; 
A violent attack on an internationally protected 
person; 
An assassination; 
The use of any biological or chemical agent or nuclear 
device or explosive or firearm with intent to endanger 
directly or indirectly the safety of one or more 
individuals or to cause substantial property damage; 
Sowing terror in order to impose on others an 
ideology, political/philosophical/religious belief and 
practice; 
Provide sanctuary or protection to known terrorist 
whether foreign or local; 
48 


1 
2 
3 
4 
5 
6 
I 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
E. 
viii) 
Any threat or attempt or conspiracy to commit the 
above acts. 
11. 
Aliens who have been identified by competent authorities, local or 
foreign as having engaged or are engaging in human trafficking and 
smuggling; and 
Aliens that have been identified by competent authorities, local and 
foreign as having engaged or are engaging in importation of 
contrabands and other prohibited articles into the country. 
12. 
Violation of Immigration LawslEntrylDocumentation 
I .  
An alien who has been ordered removed (through summary 
exclusion or removal initiated at person's arrival in the Philippines) 
and who seeks admission within three (3) years (or ten (IO) years if 
second or subsequent removal) or at anytime if convicted of an 
aggravated felony. 
An alien who has been ordered removed after deportation hearing 
from the Philippines or who is deported while an order of removal 
was outstanding and who seeks admission within five (5) years (or 
ten ( I O )  years if second or subsequent removal) or at anytime if 
convicted of an aggravated felony from the date of such physical 
deportation or removal; 
An alien who is unlawfully present beginning on the effectivity of 
this Act in the Philippines for a period of more than 180 days but 
not less than one (1) year who voluntarily departs the Philippines 
before commencement of proceedings is barred from readmission 
for three (3) years from the date of the person's departure or 
removal, provided he does not possess any of the disqualifying 
conditions stated in Section 77. 
An alien who is unlawfully present, which is defined as being 
unlawfully present in the Philippines without being admitted, 
2. 
3. 
4. 


1 
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 
5. 
6. 
7. 
8. 
9. 
10. 
11. 
12. 
13. 
beginning on the effectivity of this Act in the for one (1) year or 
more and again seeks admission is barred for five (5) years from 
the date of such person's departure or removal from the 
Philippines. 
An alien who has been unlawfully present in the Philippines for an 
aggregate period of more than one (1) year or has been ordered 
removed under summary exclusion or removal provisions and who 
enters or attempts to enter without inspection is inadmissible. 
An alien present in the Philippines without being admitted or who 
arrives at a place other than that designated by Philippine 
authorities. 
An alien who without cause fails or refuses to attend or remain in 
attendance at his removal proceeding is inadmissible for five (5) 
years from departure or removal. 
An alien who is a stowaway, which is defined as a person who 
obtains transportation without consent and through concealment. 
An alien who at anytime knowingly encourages, induces assists, 
and abets or aids any other alien to try to enter the Philippines in 
violation of law. 
An alien who is subject to a final order of deportation for falsely 
making or using fraudulent documents or using someone else's 
lawfully issued document. 
An alien who is not properly documented for admission as maybe 
required under this Act. 
An alien who falsely represents or has falsely represented that he is 
a Filipino citizen or a former Filipino citizen to obtain a benefit under 
any Philippine law. 
An intending immigrant not in possession of valid immigrant visa or 
other document needed for entry and a valid unexpired passport. 
50 


1 
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 
14. 
A non-immigrant not in possession of a valid passport for six (6) 
months and non-immigrant visa or border crossing card. 
SEC. 78. 
Exclusion of Foreign Nationals. - Any foreign national who may 
appear to the examining immigration officer to excludable under the provisions of 
Section 77 shall be excluded. No further inquiry by a Special Inquiry Officer shall be 
conducted until after the matter is reported to the Commissioner together with any such 
written statement and accompanying information, if any, as the alien or his 
representative may submit in connection therewith and such an inquiry is directed by 
the Commissioner. If the Commissioner is satisfied that the alien is excludable on the 
grounds set forth under Section 77 D, on the basis of information of a confidential 
nature, the disclosure of which the Commissioner, after consultation with the concerned 
security agency of the government, concludes would be prejudicial to the national 
security or to public order, interest, and safety, he may order such alien to be excluded 
and removed without further inquiry. Other aliens who may not appear to the examining 
immigration officer to be clearly and without doubt entitled to be admitted or excluded 
may be temporarily detained for inquiry. 
SEC. 79. Procedures for lnquiry by Special lnquiry Officers. - A Special Inquiry 
Officer making an inquiry shall conduct proceedings under this section, administer 
oaths, present and receive evidence, and interrogate, examine, and cross-examine the 
alien or witnesses. It shall have the authority in any case to determine, based only on 
the evidence produced at the inquiry, whether an arriving alien who has been detained 
shall be allowed admission into the Philippines or shall be removed. At such inquiry, 
which shall be kept in chambers separate and apart from the public, the alien may have 
one friend or relative present under such conditions as may be prescribed by the 
regulations. A complete official record of the proceedings and of all testimony and 
evidence produced at such inquiry shall be kept. 
SEC. 80. Appeal of Decision for Exclusion. - A decision of the Special Inquiry 
Officer excluding an alien based on Section 77 D may be appealed to the 
Commissioner by the alien immediately after a decision has been made and on a form 
51 


1 
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 
prescribed therefore which he shall accomplish and sign, and after he has been advised 
of his right to take such appeal. An appeal by an alien shall operate to stay any final 
action with respect to the alien until the final decision of the Commissioner is made, 
which decision shall be immediately executory and shall not be given a motion to 
appeal. Except a provided in Section 78 such decision shall be rendered solely upon 
the evidence adduced before the Boards of Special Inquiry. 
SEC. 81. Appeals, When Not Allowed. - If a government medical officer or 
authorized private physician has certified under Section 73 of this Act that an arriving 
alien has a disease, illness, a physical or mental disorder or behavior, or drug addiction 
which would make the alien excludable under the provisions of Section 77A, the 
decision of the Boards of Special Inquiry shall be based solely upon such certification. 
No alien shall have a right to appeal such a decision for exclusion. 
SEC. 82. Decision of Special lnquiry Officers; Appeals therefrom. - Except as 
provided in Sections 80 and 81 of this Act, in every case where an alien is excluded 
from admission into the Philippines or any other law or treaty now existing or hereafter 
entered into, the decision of a Board of Special Inquiry shall be final unless reversed on 
appeal by the Board of Commissioners. 
SEC. 83. Burden of Proof in Exclusion Cases. - An alien seeking admission 
into the Philippines may be required to testify under oath on matters relating to his 
admissibility. The burden of proof shall be upon such alien to establish that he is not 
subject to any of the grounds for exclusion provided in this Act. 
SEC. 84. Authority to Waive Grounds for Exclusion. - The Commissioner may, 
for good and sufficient reasons, waive any of the grounds for exclusion under Section 
77, except paragraph D: Provided, That with respect to the ground for exclusion 
mentioned in paragraph E (1) 8, (2) of Section 77 above, the Commissioner shall not 
exercise his discretion in favor of aliens previously excluded or deported on the ground 
of having engaged in hoarding, black-marketing, profiteering, terrorism, or any act of 
economic sabotage. 
Chapter 4. - Immediate Removal or Exclusion on Foreign Nationals 
52 


1 
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 
SEC. 85. Classes Subject of Immediate Removal and Cost thereof. - Any 
foreign national (other than an alien crewman) arriving in the Philippines who fall under 
any of the classes set forth in Section 77 of this Act and is ordered excluded shall be 
immediately removed, in accommodations of the same class and to the country in which 
a foreign national boarded the vessel or aircraft on which he arrived, unless the 
Commissioner, in an individual case and in his discretion, determine the immediate 
removal is not practicable and proper. The cost of the maintenance including detention 
expenses and other expenses incident to the detention of such foreign national, shall be 
borne by the owner or operator of the vessel or aircraft on which he arrived: Provided 
however, that such cost expenses shall not be assessed against the owner or operator 
of the vessel or aircraft if: 
(a) 
The foreign national was in possession of a valid unexpired immigrant 
visa, or 
(b) 
The foreign national was in possession of a valid unexpired non-immigrant 
visa or other document authorizing such foreign national to apply for temporary 
admission to the Philippines, or an unexpired reentry permit issued in his name, and 
(1) 
Such application was made within one hundred twenty (120) days 
from the date of issuance of visa and other document, or in the 
case of foreign national in possession of reentry permit, within one 
hundred twenty (120) days from the date on which the foreign 
national was last examined and admitted to the Philippines, or 
In the event the application was last made later than one hundred 
twenty (120) days as stated in the preceding subparagraph, if the 
owner or operator of such vessel or aircraft established to the 
satisfaction of the Commissioner that the ground for exclusion 
could not have been ascertained by the exercise of due diligence 
prior to the foreign national's embarkation; or 
(2) 
( 4  
The foreign national excluded claimed Philippine citizenship and was in 
possession of a valid and unexpired Philippine passport issued in his name. 
53 


1 
2 
SEC. 86. Country Where Removal is to be Directed. - If the government of the 
country designated in the preceding section will not accept the foreign national into its 
3 
4 
5 
6 
I 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
21 
28 
29 
territory, the foreign national's removal shall be directed by the Commissioner, in hislher 
discretion and without necessarily giving any priority or preference, either to: 
(a) 
(b) 
(c) 
(d) 
(e) 
The country which the foreign national is a subject, citizen or national; 
The country in which he was born; 
The country in which he has a residence or last habitually resided; 
The country where he departed from or his last port of departure; or 
The country, which is willing to accept the foreign national into its territory, 
if removal to any of the foregoing country is impracticable, inadvisable, or 
impossible. 
SEC. 87. Obligation of Captain or Transport Operator, - It shall be unlawful for 
any captain, person in charge, agent, owner, operator, or consignee of any vessel or 
aircraft: 
(a) 
To refuse or receive any alien ordered excluded and removed under 
Section 86, back on board such vessel or aircraft or another vessel or aircraft owned or 
operated by the same interests; 
(b) 
To fail to detain any foreign national on board any such vessel or aircraft 
at the port of arrival when required by this Act or when so ordered by an immigration 
officer, or to fail or refuse to deliver a foreign national for medical or other inspection and 
so ordered by such officer; 
(c) 
To refuse or fail to remove any foreign national from the Philippines to the 
country to which his deportation has been directed; or 
(d) 
To fail to pay the cost of the maintenance of any foreign national and other 
expenses incurred while being detained as required by Section 85 of this Act or such 
cost necessary or incident to his deportation as may be provided in subsequent sections 
of this Act. 
SEC. 88. Penalty for Non-compliance of Obligation. - If it shall appear to the 
satisfaction of the Commissioner, that the captain, person in charge, agent, owner, 
54 


1 
2 
3 
4 
5 
6 
I 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
21 
28 
29 
operator, or consignee of a vessel or aircraft, has violated any of the provisions of 
Section 87, supra, such violator shall pay to the Commission such fine as may be 
imposed in Title VII, Chapter 10 of this Act. No such vessel or aircraft shall be granted 
clearance from any port in the Philippines while any such fine is unpaid or while the 
question of liability to pay any such fine is being determined, nor any such fine paid be 
refundable; Provided, however, That clearance may be granted prior to the 
determination of such question upon deposit with the Commissioner a sum sufficient to 
cover such fine or a cash bond or undertaking approved by the Commissioner. 
SEC. 89. When Removal to be Effected. - If the removal of an excluded foreign 
national is effected on a vessel or aircraft not owned or operated by the owner or 
operator of the vessel or aircraft on which the foreign national arrived in the Philippines, 
the transportation expense of the foreign national's removal may be paid from the 
appropriations for the enforcement of this Act to be recovered from the owner or 
operator of the vessel or aircraft on which the foreign national arrived. 
SEC. 90. When Removal May be Stayed. - The Commissioner under such 
conditions as helshe may prescribe, may stay the removal of any foreign national if in 
hidher judgment, the testimony of such foreign national is vital and necessary on behalf 
of the government in the prosecution of offenders for violation of any of the provisions of 
this Act or other laws of the Philippines. 
Chapter 5. - Conditional Permit To Land and Discharge of Alien Crewmen 
SEC. 
91. Conditional Permit to Land; Period thereof. - If an immigration officer 
finds upon examination that an alien crewman is a non-immigrant under Section 35 (d) 
of this Act and is otherwise admissible and has agreed to accept such permit, he may 
grant the crewman a conditional permit to land temporarily on a form prescribed by the 
regulations, subject to revocation in subsequent proceedings as provided in Section 92 
and for a period of time, in any event, not to exceed the following: 
(a) 
The period of time during which the vessel on which he arrived remains in 
port, if the immigration officer is satisfied that the crewman intends to depart on the 
vessel on which he arrived, which period shall not exceed twenty-nine (29) days; or 
55 


1 
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 
(b) 
Twenty-nine (29) days, if the immigration officer is satisfied that the 
crewman intends to depart within the period for which he is temporarily permitted to 
land, on a vessel other than the one which he arrived. 
SEC. 92. Confiscations and Cancellation of Permit. - An immigration officer 
may, if he determines that an alien is not a bona fide crewman, or does not intend to 
depart on the vessel which brought him, cancel and confiscate the conditional permit to 
land, take such alien into custody, and require the captain of the vessel on which the 
alien arrived to receive and detain him on board such vessel. Such alien shall be 
removed from the Philippines at the expense of the carrier, which brought him to the 
Philippines. Until such alien is so removed, any expense for his maintenance and 
detention shall be borne by such carrier including expenses for his medical treatment in 
a hospital or elsewhere, burial in the event of death, or for transfer to another vessel or 
aircraft in the event of return. 
SEC. 93. Liabilify for Overstaying Crewmen. - Any alien crewmen who willfully 
remains in the Philippines in excess of the number of days allowed in the conditional 
permit issued to him shall be liable to such penalties prescribed in Section 192 of this 
Act. The owner, agent, or consignee of the vessel shall be solidarity liable for the 
payment of such fines. 
SEC. 94. 
Liability for Unauthorized Pay-off or Discharge Alien Crewmen. - It 
shall be unlawful for any person, including the owner, agent, consignee, or captain or 
any vessel to payoff or discharge any alien crewman employed on board a vessel 
arriving in the Philippines and while it is in port, without first obtaining the permission of 
the Commissioner. If it shall appear to the satisfaction of the Commissioner that any 
alien crewman has been paid off or discharged in violation of the provisions of this 
section, such owner, agent, consignee, captain, or other person, shall pay the 
Commission such fine as may be prescribed in Title VI1 Chapter 10 of this Act. No 
vessel shall be granted clearance pending determination of the question of liability to 
the payment of such fine, if such fine is imposed, while it remains unpaid, except that 
clearance may be granted prior to the determination of such question upon deposit with 
56 


1 
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 
the Commission a sum sufficient to cover such fine or of a cash bond or undertaking 
with sufficient security to secure the payment thereof. No such fine shall be remitted or 
refunded but such fine may, at the discretion of the Commissioner be mitigated, upon 
such terms, as he considers proper. 
SEC. 95. Duty to Report Desertion or lllegal Landing of Alien Crewmen. - It 
shall be the duty of any owner, agent, consignee, or captain of any vessel or aircraft to 
report to an immigration officer, in writing, as soon as discovered, all cases in which an 
alien crewman has deserted or illegally landed in the Philippines from the vessel or 
aircraft, together with a description of such alien and any information likely to lead to his 
apprehension. 
SEC. 96. Requirement for Submission of List of Newly Employed Crewmen, 
Those Discharged and Those Who Have //legally Landed. - Before the departure of any 
vessel or aircraft from any or the last port in the Philippines destine to any place outside 
thereof, it shall be the duty of the owner, agent, consignee, or captain thereof, to deliver 
to the immigration authorities at that port a list containing the name or names of any 
alien crewman who was not employed thereon at the time of arrival at that port but who 
will leave such port on such vessel or aircraft at the time of its departure, and the names 
of those, if any, who have been paid off or discharged, and those, if any, who have 
deserted or illegally landed at that port. 
The Commissioner may, as he deems 
necessary, require such a list to contain such additional or supplemental information. 
SEC. 97. Liability for Failure to Submit Complete, True and Correct Report. - In 
case any owner, agent, consignee, or captain shall fail to deliver complete, true, and 
correct lists or report of aliens, or to report cases of desertion or illegal landing, as 
required by Sections 95 and 96 of this Act, such owner, agent, consignee, or captain 
shall, if required by the Commissioner, pay to the Commission such sum as may be 
prescribed in Title VII, Chapter 10 hereof. No such, vessel or aircraft shall be granted 
clearance from any port at which it arrived andlor departed pending determination of the 
question of the liability to the payment of such fine, if such fine is imposed, while it 
remains unpaid. No such fine shall be remitted or refunded, except that clearance may 
57 


1 
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 
be granted prior to determination of such question upon deposit with the Commission a 
sum sufficient to cover such fine or a cash bond or undertaking with sufficient security to 
secure the payment thereof. 
TITLE V 
DEPORTATION OF ALIENS 
Chapter 1. - Deportable Foreign Nationals 
SEC. 98. Classes of Deportable Aliens. - The following aliens shall be arrested 
upon the warrant of the Commission and deported after hearing and resolution 
submitted by the Board of Special Inquiry and approved by the Board of 
Commissioners: 
(a) 
Those who entered the Philippines by means of false and misleading 
statements or documents, misrepresentations, or without inspection and admission by 
the immigration authorities; 
(b) 
Those who entered the Philippines who were not lawfully admissible at the 
time of entry; 
(c) 
moral turpitude; 
(d) 
Those who have been convicted in the Philippines for a crime involving 
Those who have been convicted for violations of any law governing 
prohibited andlor regulated drugs; 
(e) 
Those who practice prostitution or are inmates of a house of prostitution or 
are connected with the management of a house of prostitution or are connected with the 
management of a house of prostitution, or are procurers, pedophiles, or sexual 
deviants; 
(f) 
Those who, at any time after the date of entry, have become a public 
charge; 
(9) 
Those who remain in the Philippines in violation of any period of limitation 
or condition, under which they were admitted; 
(h) 
Those who believe in, advise, advocate or teach the overthrow by force 
and violence of the government of the Republic of the Philippines, or duly constituted 
58 


1 
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 
authority, or who do not believe in or are opposed to organized government, or those 
who advise, advocate, or leach the assault or assassination of public officials because 
of their office, or who advise, advocate, or teach the unlawful destruction of property, or 
who are members of or affiliated with any organization entertaining, advocating or 
teaching such doctrines or who in any manner whatsoever lend assistance, financial or 
otherwise, to the dissemination of such doctrines; 
(i) 
Those who at any time after entry engages in terrorist activity; as used 
herein, the term "engages in terrorist activity" means to commit, in an individual capacity 
or as a member of an organization, an act of terrorist activity or an act which an alien 
knows, or reasonably should know, affords 
material support to any individual, 
organization, or government in conducting a terrorist activity at any time, including the 
soliciting of funds or other things of value for terrorist activity or for any terrorist 
organizatlon, and safekeeping of any terrorist assets, properties and propaganda 
materials; 
(j) 
Those who commit any of the acts penalized under this Act, independent 
of any criminal action which may be brought against them: Provided, however, That in 
the case of an alien who for any reason is convicted and sentenced to suffer both 
imprisonment and deportation, said alien shall first serve the entire period of his 
imprisonment before his deportation: Provided, further, That the imprisonment may be 
waived by the Commissioner with the consent of the President, and upon payment by 
the alien concerned of such costs, fine and/or damages suffered by the government of 
any aggrieved party as the Commissioner may fix with the approval of the President; 
(k) 
Those who at any time after entry is convicted under any law of 
purchasing, selling, offering for sale, exchanging, using, owning, possessing, or carrying 
in violation of any law or regulation, any weapon, part or accessory, which is a firearm, 
explosive, or destructive device; 
(I) 
Those who engage in profiteering, hoarding, black-marketing, dollar 
salting, technical smuggling, gunrunning, illegal recruitment, other acts of economic 
59 


1 
2 
brought against them; 
3 
(m) 
4 
5 
sabotage, and other illegal acts independent of any criminal action which may be 
Those who are guilty of any offense penalized under the naturalization 
laws of the Philippines or any law relating to the acquisition of Philippine citizenship; 
(n) 
Those who defraud their creditors by absconding or alienating properties 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
to prevent their attachment or execution; 
(0) 
Those who were admitted as non-immigrants and who obtained an 
adjustment of their admission status for convenience, through fraud, falsification of 
documents, misrepresentations, or concealment of material facts: 
(p) 
Those convicted of unfair labor practice and violation of other labor laws, 
illegal possession of firearms, tax evasion, or crimes against national security and public 
order: 
(9) 
Those who, upon prior investigation and hearing, are found to be 
notoriously undesirable and whose further stay in the Philippines will be inimical to 
public welfare and interest, or the dignity of the Filipinos, or the Republic of the 
Philippines as a sovereign nation: 
( r) 
Those who knowingly forge, counterfeit, alter, or falsely make any 
document; or use, attempt to use, possess, obtain, accept, or receive or provide any 
forged, counterfeit, altered, or falsely made document; or use or attempt to use or 
provide or attempt to provide other than the possessor (including a deceased 
individual); or.accept or receive or provide any document lawfully issued to a person 
other than the possessor (including a deceased individual) for the purpose of satisfying 
or complying with the requirements for the employment of aliens in the Philippines: 
(s) 
(t) 
Those who are pedophiles or pedophiliac, or sexual perverts; and 
Those whose presence or activities in the Philippines the Secretary of 
Foreign Affairs has reasonable ground to believe would have potentially serious 
adverse foreign policy consequences for the Philippines. 
SEC. 99. Rules on Prescription in Deportation Cases. -The right of the State to 
initiate at any time deportation proceedings for causes mentioned in paragraphs (a), (b), 
60 


1 
2 
(c), (d), (e), (f), (g), (h), (i), (j), (o), (p), and (s) of Section 98 of this Act.,' shall be 
imprescriptable: Provided, however, That no deportation proceedings may be initiated 
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 
under any other paragraphs of the aforesaid Section 98 unless the apprehension in the 
deportation proceedings is made within (5) years after the cause for deportation arises. 
Deportation for causes mentioned in paragraphs (b), (c), (e), (i), (k), (n), (q), (s) and (t) 
of Section 98 shall not be effective if the court or judge thereof, when sentencing the 
alien, shall recommend that the alien not be deported. 
Chapter 2. - Detention and Deportation of Foreign Nationals 
SEC. 100. Issuance of Summons and Warrants of Detention - If it appears to 
the Commissioner that there is reasonable ground for inquiry as to whether an alien 
ought to be deported under Section 98 of this Act, the Commissioner may issue a 
summons to the alien, inviting him to appear in person before the investigating officer at 
the time, date, and place stated in the summons; Provided, however, That if it is shown 
to the Commissioner that there are strong and convincing grounds for such inquiry, the 
alien should be taken into immediate custody for the purpose of such inquiry. During 
such inquiry, the alien may, upon a warrant of detention issued by the Commissioner, 
be apprehended and detained for a period of not more than forty-eight (48) hours after 
the apprehension, which may be extended for another forty-eight (48) hours by the 
Commissioner if the circumstances warrants such extension. No alien shall be detained 
for purposes of inquiry for more than four (4) days unless a formal charge for 
deportation shall have been filed against him, except in cases where the alien is 
deportable under paragraph (d), (h), (i), or (t) of Section 98 of this Act. 
SEC. 101. Authority to lssue Warrants of Detention. - The Commissioner may 
issue a warrant of detention if he determines that a prima facie case exists for the filing 
of deportation charges against an alien for violation of the immigration, alien registration 
and related laws or there is a strong probability that a deportable alien may flee from his 
place of abode and go into hiding or surreptitiously leave the country. 
SEC. 102. Formal Charge of Deportation. - A formal charge for deportation 
against an alien shall be based on substantial evidence establishing that the person 
61 


1 
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 
against whom a warrant of detention has been issued is an alien and deportable under 
Section 98 of this Act. After a formal charge of deportation is file and pending final 
determination of deportability, any such alien shall, at the discretion of the 
Commissioner: (a) remain under detention; or (b) be released conditionally under bail 
andlor recognizance: Provided, however, That any such bond or recognizance may be 
revoked at any time by the Commissioner if it appears that there is strong evidence 
against the alien or there is strong probability of his escaping or evading the 
proceedings, in which case, the alien may returned into custody and detained under the 
same warrant of detention which initiated the proceedings until final determination of his 
deportability, 
SEC. 103. Detention ofAlien Convicted of a Felony or an Offense. - In the case 
of an alien convicted of an offense or a felony, which is a ground for deportation under 
this Act, said alien shall not be deported until his imprisonment is terminated by service 
of sentence or release from confinement. Parole, probation or possibility of re-arrest or 
further confinement in respect to the same offense shall not be a ground for deferral of 
deportation. Upon release from confinement, the Commissioner shall take into custody 
and place under detention said alien, after giving notice to the court or agency 
concerned. 
Such alien shall remain under detention, either before or after 
determination of deportability, and may be released by the Commissioner at 
Commissioner's discretion, and under such terms and conditions prescribed by him/her, 
if the alien demonstrates to the satisfaction of the Commissioner that he/she is not a 
threat to the community and that he/she is likely to appear before any scheduled 
hearings. 
Chapter 3. - Deportation Procedures 
SEC. 104. Proceedings in Deportation Cases. - The Board of Special Inquiry 
shall conduct proceedings to determine the deportability of any alien and shall 
administer oaths, present and receive evidence, interrogate, examine and cross- 
examine the alien and witnesses. Any alien charged with deportation shall at all times 
be accorded due process. He shall be given notice and informed of the specific charge 
62 


1 
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 
or charges against him and of the time, date, and place at which the proceedings shall 
be held. He shall have the privilege of being represented and assisted by such counsel 
of his choice, and shall have a reasonable opportunity to examine the evidence against 
him, to adduce and present evidence on his own behalf, and to confront and cross- 
examine witnesses presented by the government: Provided, however, That summary 
deportation proceedings shall be taken in the case of undocumented aliens or those 
who are holders of expired passports, travel documents and visas. 
SEC. 105. Attendance of the Alien in Deportation Proceedings. - Determination 
of deportability in any case shall be made only upon a record made in a proceeding 
before a Board of Special Inquiry at which the alien shall have reasonable opportunity to 
be present, unless by reason of the alien’s mental incompetence it is unpractical for him 
to be present, in which case the Board of Special Inquiry shall prescribe necessary and 
proper safeguards for the rights and privileges of such alien. If any alien has been 
given a reasonable opportunity to be present and without reasonable cause fails or 
refuses to attend or remain in attendance at such proceedings, the Board of Special 
Inquiry may proceed to a determination in like manner as if the alien were present. 
SEC. 106. Assignment of Special Prosecutors in Deportation Cases. - The 
Commissioner shall assign a special prosecutor to present the evidence of the 
government if the alien charged denies the factual allegations of his deportability, or 
issues of law or fact remains unsolved. At any time during the hearing, the special 
prosecutor may file additional charges of deportation. 
SEC. 107. Burden of Proof in Deportation Cases. - In cases where the charge 
for deportation is based on paragraph (a) of Section 98 of this Act, the burden of proof 
shall be upon the alien to establish that he entered and was admitted into the 
Philippines lawfully, the time, place and manner of such entry and admission. For this 
purpose, he shall be entitled to the statement of the facts in connection with his arrival 
as shown by official records in the custody of the Commissioner. 
SEC. 108. 
Rules of Procedure Before the Board of Special Inquiry. - 
Proceedings before a Board of Special Inquiry in deportation cases shall be in 
63 


1 
2 
accordance with such rules of procedure, as the Commissioner shall prescribe. These 
rules shall be the sole and exclusive procedure for determining the deportability of an 
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 
alien under this Act. 
SEC. 109. 
Vo/unfary, When Aufhorized. - 
At the discretion of the 
Commissioner, deportation proceedings, including the issuance of warrant of detention 
and a finding of deportability, need not be required in the case of a deportable alien who 
elects not to contest the charge against him and chooses to voluntarily depart at his 
own expense without being deported, if his departure without proceedings would be in 
the best interest of the Philippines: Provided, That any alien so authorized to depart 
voluntarily shall be barred from entering the country unless with prior written 
authorization from the Commissioner. Voluntarily departure shall not be authorized in 
cases where the Commissioner believes such alien is deportable under paragraphs (d), 
(h), (j), (k), and (t) of Section 98 of this Act. 
SEC. 1 I O .  Findings of the Board of Special lnquiry in Deportation Cases. - The 
Boards of Special Inquiry conducting the hearing in a deportation case shall submit its 
findings and recommendations to the Board of Commissioners. In cases where an alien 
elects not to contest the charge against him and chooses to voluntarily depart from the 
Philippines at his own expense, or when an alien admits during the pleadings to the 
factual allegations and his deportability, the Board of Special Inquiry shall likewise 
inform the Board of Commissioners in its report. 
Chapter 4. - Decision of Board of Commissioners on 
Deportation Cases 
SEC. 11 1, Transmittal of the Records to the Board of Commissioners. - At the 
conclusion of the deportation hearing, the complete records of the proceedings together 
with the findings and recommendations of the Boards of Special Inquiry shall be 
forwarded to the Board of Commissioners for final decision. 
SEC. 112. Petition for New Hearing, Grounds Therefor. - At any time before the 
alien is deported, but not later than one (1) month from the date he receives the notice 
and copy of the decision of the Board, the alien or his counsel may file a petition for 
64 


1 
2 
rehearing but only on the ground of newly discovered evidence. The petition shall state 
the reason or reasons why such evidence was not produced during the proceedings. If 
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 
such evidence is material and not merely cumulative would probably warrant a reversal 
of the decision, the board may remand the case to the Boards of Special Inquiry for 
rehearing. The filing of the petition for rehearing and the granting thereof shall have the 
effect of staying the order or warrant of deportation issued. No more than one petition 
for rehearing and no motion for reconsideration of the decision of the Board shall be 
entertained. 
Chapter 5. - Order of Deportation and Cost 
SEC. 113. Contents of an Order or Warrant of Deportation. - The order or 
warrant of deportation shall be in the prescribed form and shall state the following: 
(a) 
The grounds for deportation; 
(b) 
(c) 
The specific place to where the alien shall be deported; and 
A directive commanding any officer of the Commission to carry out the 
deportation immediately, or within such period of time as the Commissioner may direct. 
SEC. 114. Period to Effecf Deportation. - When a final order of deportation is 
made against any alien, the Commissioner shall have a period of three (3) months from 
the date of such order within which to affect the alien's departure from the Philippines. 
During said period, at the Commissioner's discretion, the alien may remain under 
detention or be released under cash bond in an amount and under such conditions as 
the Commissioner may prescribe. If deportation is not been practicable, advisable, or 
possible, or the order of deportation has not been effected within such three-month 
period, the alien shall be subject to such further supervision and detention pending 
eventual deportation as provided in Section 103. For the purpose of this Section, an 
order of deportation heretofore or hereafter entered against an alien in detention or 
confinement shall be considered as being made as of the moment he is released from 
such detention or confinement, and not prior thereto. 
SEC. 115. 
Suspension of Order of Deportation; Justification. - 
The 
Commissioner may upon application of an alien and payment of appropriate fees, for 
65 


1 
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 
good cause and under such conditions as he may prescribe, suspend the order of 
deportation of an alien and order his release. In determining whether good cause has 
been shown to justify releasing the alien, the Commissioner shall take into account the 
following factors: 
(a) 
(b) 
or safety; 
(c) 
The age, health, and period of detention of the alien; 
The effect of the alien's release on the national security and public peace 
The likelihood of the alien resuming or following a course of conduct which 
make or would make him deportable; 
(d) 
The character of the efforts made by such alien himself and by 
representatives of the country to which his deportation is directed to expedite the alien's 
departure from the Philippines; and 
(e) 
travel documents. 
The reason for the inability of the government to secure passports or other 
SEC. 116. 
Reinstatement of the Order of Deportation. - 
Should the 
Commissioner find that an alien has unlawfully entered the Philippines after having 
previously departed voluntarily or been deported pursuant to an order of deportation on 
any ground described in any of the paragraphs enumerated in Section 98 of this Act, the 
previous order of deportation shall be deemed reinstated from its original date and such 
alien shall be summarily deported at any time subsequent to such reentry. For the 
purpose of this section, the date at which a finding is made that such reinstatement is 
appropriate shall be deemed the date of the final order of deportation. 
SEC. 1 17. Country Where Depotfation is to be Directed. - The deportation of an 
alien provided for in this Act or any other act or treaty, shall be directed by the 
Commissioner to a country designated by the alien if that country is willing to accept him 
into its territory. If the government of such country fails to advise the Commissioner or 
the alien within thirty (30) days following the date or original inquiry whether that 
government will or will not accept such alien, then such deportation, either to the 
,country from which such alien embarked for the Philippines, to the country in which the 
66 


1 
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 
foreign national was born, the country of his nationality or citizenship or to any country 
in which he resided prior to coming to the Philippines. 
If deportation to any of the foregoing places or countries is impracticable, 
inadvisable, or impossible, then the alien shall be deported to any country, which is 
willing to accept him into its territory. 
SEC. 118. Cost of Deportation. - If deportation proceedings are instituted at any 
time within five (95) years after the entry of the alien for causes existing prior to or at the 
time of entry, the cost of the removal to the country of deportation shall be at the 
expense of the vessel or aircraft by which such alien came into the Philippines: 
Provided, That the costs for the deportation of any such person shall not be assessed 
against the owner or owners of the vessel or aircraft in the case of any alien who arrived 
in possession of a valid unexpired immigrant visa and who was admitted to the 
Philippines for permanent residence. In the case of an alien crewman, if deportation 
proceedings are instituted at any time within five (5) years after the granting of the last 
conditional permit to land temporarily under the provisions of Section 91 of this Act, the 
cost of removal to the country of deportation shall be at the expense of the owner or 
owners of the vessel or aircraft by which such, alien came into the Philippines, or if in 
the opinion of the Commissioner that it is not practicable, at the expense of the 
appropriations for the enforcement of this Act. In either of these cases, if deportation 
proceedings are instituted later than five (5) years after the entry of the alien or granting 
of the last conditional permit to land temporarily, the cost thereof shall be payable from 
the appropriations for the enforcement of this Act. 
SEC. 119. Liability of Transport Operators. - Failure or refusal on the part of the 
captain, or the agent, owner, or consignee of a vessel or aircraft, or other carrier to 
comply with the order of the Commissioner to take on board, guard safely, and transport 
to the destination specified any alien order to be deported, or any failure or refusal by 
any such person to comply with an order of the Commissioner to pay deportation 
expenses in accordance with the requirements of Section 119, supra, shall be punished 
67 


1 
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 
21 
28 
29 
by the imposition of a penalty in the sum and manner prescribed in Title VII, Chapter 10 
of this Act. 
SEC. 120. Expenses of the Accompanying Person. - When, in the opinion of 
the Commissioner, the mental or physical condition of an alien being deported is such 
as to require personal care and attendance, the Commissioner may employ a suitable 
person for that purpose of accompanying such alien to his final destination. 
The 
expense incident to such service shall be defrayed in the same manner as the expense 
of deporting the accompanied alien is defrayed, and any failure or refusal to defray such 
expenses shall be punished in the manner prescribed in this Act. 
SEC. 121. Existence of Danger in Country Where Alien is to be Deporfed. - The 
Commissioner shall not deport or return any alien to a country if the Commissioner 
determines that such alien’s life or freedom would be threatened in such country on 
account of race, religion, nationality, political opinion, or membership in a particular 
social group: Provided, however, That his provision shall not apply to any alien if the 
Commissioner determines the following: 
(a) 
The person ordered, incited, assisted, or otherwise participated in the 
persecution of any person on account of race, religion, nationality, political opinion, or 
membership in a particular social group; 
(b) 
The person having been convicted of a felony, constitutes a danger to the 
community of the Philippines; 
(c) 
There are serious reasons for considering that the person has committed 
serious non-political crime outside the Philippines prior to his arrival in the 
a 
Philippines; or 
(d) 
There are reasonable grounds for regarding the person an undesirable 
alien and/or a danger to the security of the Philippines. 
Chapter 6. - lndigent Aliens 
SEC. 122. Removal of lndigent Aliens. - The Commission shall have the 
authority to remove such aliens as may fall into distress or need public aid from causes 
arising subsequent to their entry and are desirous of being so removed, to the country 
68 


1 
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 
21 
28 
from where they came, or to the country of which they are citizens or subjects, at any 
time after entry, at the expenses chargeable to any appropriation available. Any person 
thus removed shall forever be ineligible for readmission, except upon the authorization 
of the Commissioner obtained previous to embarkation for the Philippines. 
TITLE VI 
CITIZENSHIP AND NATURALIZATION 
Chapter 1. - Citizens of the Philippines 
SEC. 123. Who are citizens ofthe Philippines. - The following are citizens of the 
Philippines: 
(a) 
,Those who are citizens of the Philippines at the time of the adoption of the 
Constitution of the Philippines; 
(b) 
(c) 
Those whose fathers or mothers are citizens of the Philippines; 
Those born before January 17, 1973, of Filipino mothers, who elect 
Philippine citizenship upon reaching the age of majority; and 
(d) 
SEC. 124. 
Those who are naturalized in accordance with law. 
Natural Born, Defined. - Natural-born citizens are those who are 
citizens from birth without having to perform any act to acquire or perfect their Philippine 
citizenship. Those who elect Philippine citizenship by virtue of Paragraph (c) of the 
preceding section shall be deemed natural-born citizens. 
SEC. 125. - Requirements and Period of Elect Philippine Citizenship. - The 
option to elect Philippine citizenship shall be exercised within the lifetime of the 
applicant and expressed in a statement to be signed and sworn to by the person 
concerned before any person authorized administer oaths, and shall be filed with the 
Commissioner accompanied with the oath of allegiance of the person to the constitution 
and the Government of the Republic of the Philippines. If the person concerned is 
absent from the Philippines, he may make the statement and the oath of allegiance 
herein required before a consular officer of the Philippines nearest his place of 
residence in the foreign country where he is residing. The consular officer shall forward 
69 


1 
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 
to the Commissioner the statement and oath of allegiance within fifteen (15) days from 
receipt and proper determination thereof. 
SEC. 126. 
Recognition as Filipino. - A person whose father or mother is a 
Filipino citizen but has been granted citizenship by another country may file within his 
lifetime a petition for recognition as a Filipino citizen. His recognition will not cause the 
loss of his citizenship to the other country. 
SEC. 127. Administrative Determination of Citizenship. - The Commissioner 
shall make a determination upon recommendation of an immigration hearing officer 
whether the person concerned is qualified to elect or be recognized as a citizen of the 
Philippines and, if determined to be so, shall issue to the person concerned a certificate 
of identify of Philippine citizenship to be signed by the Commissioner or his authorized 
representative. Within fifteen (1 5) days after the election or recognition for Philippine 
citizenship is perfected, the Commissioner shall furnish a copy of the statement and 
oath of allegiance, together with a certification that a certificate of identity has been 
issued, to the local civil registrar of the place where the person was born, for 
registration, or of foreign-born, of the place where the person has his domicile. 
Chapter 2. - Loss of Philippine Citizenship 
SEC. 128. Philippine Citizenship, Now Lost. - A citizen of the Philippines may 
lose his citizenship in any of the following ways and/or events: 
(a) 
By obtaining naturalization in a foreign country upon his own application or 
upon an application filed by a duly authorized representative, after having attained the 
age of eighteen (18) years; 
(b) 
By taking an oath or making an affirmation or other formal declaration of 
allegiance to a foreign state or a political subdivision thereof, after having attained the 
age of eighteen: Provided, however, that no person may divest himself of Philippine 
citizenship in any manner while the Philippines is at war with any country: 
By renunciation of Philippine citizenship, express or implied; 
By entering, or serving, the armed forces of a foreign state if (1) such 
armed forces are engaged in hostilities against the Philippines, or (2) such person serve 
(c) 
(d) 
70 


1 
2 
as a commissioned or non-commissioned officer in such armed forces, except when 
done with the consent of the Republic of the Philippines; 
3 
4 
5 
6 
I 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
21 
28 
29 
(e) 
By accepting, serving in, or performing the duties of any office, post or 
employment under the government of a foreign state or a political subdivision thereof, 
after attaining the age of eighteen (18) years if he has or acquires the nationality of such 
foreign state or for which office, post, or employment an oath, affirmation, or declaration 
of allegiance is required; 
(f) 
(9) 
By cancellation of his certificate of naturalization; 
By having been declared by competent authority a deserter of the Armed 
Forces of the Philippines in time of war, unless subsequently granted a plenary pardon 
or amnesty; or 
(h) 
By committing any act of treason against, or attempting by force to 
overthrow, or bearing arms against, the Government of the Republic of the Philippines. 
SEC. 129. Loss of Citizenship, Burden of Proof. - Whenever the loss of 
Philippine citizenship is put in issue in any action or proceeding, the burden of proof 
shall be upon the person or party claiming, that such loss occurrence, to establish such 
claim by a preponderance of the evidence. Any person who commits or performs or 
who has committed or performed, any act of expatriation under the provisions of this Act 
or any other law shall be presumed to have done so voluntarily, but such presumption 
may be rebutted upon a showing by a preponderance of the evidence, that the act or 
acts committed or performed were not done voluntarily. 
SEC. 130. Renunciation of Citizenship, - Except as provided in paragraphs (c) 
and (h) of Section 158, the grant of foreign citizenship to a Filipino by reason of 
marriage, residence, or naturalization shall not operate to divest a Filipino of hislher 
citizenship unless he/she renounces Philippine citizenship and subscribes to an oath of 
allegiance to the foreign country. 
SEC. 131, Expatriation, When Not Recognized. - A Philippine citizen who 
asserts his claim to Philippine citizenship in such manner as the Commissioner shall by 
regulations prescribe, shall not be deemed to have expatriated himself by the 
71 


1 
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 
commission, prior to his having attained the age of eighteen (18), of any acts specified 
in paragraphs (d) and (e) of section 158 of this Act. 
Chapter 3 - Reacquisition of Philippine Citizenship 
Citizenship, How Reacquired. - A person who losses Philippine 
citizenship in any of the ways and/or means enumerated under Section 128 of this Act 
may reacquire his Philippine citizenship through the following means: 
SEC. 132. 
(a) 
By naturalization: Provided, that the applicant possesses none of the 
disqualification for naturalization under Section 136 of this Act; 
(b) 
(c) 
SEC. 133. Administrative Naturalization, When Applicable. - The provisions for 
administrative naturalization under this Act and the regulations issued pursuant thereto 
shall be made applicable to any petition filed for the reacquisition of Philippine 
citizenship under paragraph (a) of the preceding Section. In all other cases, repatriation 
shall be effected by taking the required oath of allegiance to the Republic of the 
Philippines before the Commissioner or any officer authorized by him. 
By repatriation of deserters of the Armed Forces of the Philippines; or 
By direct act of the Congress of the Philippines. 
Chapter 4. - Naturalization of Native-Born and Non-Native-Born 
SEC. 134. Persons eligible for Administrative Naturalization. - The provis’ions 
of Commonwealth Act No. 473, as amended by Republic Act No. 9139, otherwise 
known as the “The Administrative Naturalization Law of 2000”, and all other laws to the 
contrary notwithstanding, any foreign national who was born in the Philippines or not 
born in the Philippines but a permanent resident may apply for Philippine citizenship 
through administrative process, by filing with the Commission a petition for 
naturalization under this Act. 
SEC. 135. Qualifications for Naturalization. - Native-born foreign nationals and 
those foreign nationals not native born but who have acquired permanent resident 
status in the Philippines under Philippine Immigration Laws having the following 
qualifications may become a citizen of the Philippines by naturalization: 
72 


1 
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 
(a) 
He must not be less than eighteen (18) years of age on the date of filing of 
the petition; 
(b) 
He must have resided continuously in the Philippines for a period of not 
less than seven (7) years prior to the filing of the petition; 
(c) 
He must be a good moral character, and believes in the principles 
underlying the Philippine Constitution: 
(d) 
He must have conducted himself in a proper and irreproachable manner 
during the entire period of his residence in the Philippines; 
(e) 
He must have some known business, trade, profession, or lawful 
occupation from which he derives income sufficient for his support and that of his 
spouse or children, if any; Provided, that this requirement may be waived with respect to 
bona fide students at least eighteen (18) years of age, who on the basis of their 
qualifications and potentials, and their parents, resources, can become useful citizens of 
the Philippines; 
(f) 
He must be able to speak and write English and any one of the principal 
Philippine dialects; 
(9) 
He must have given primary and secondary education to all his children 
of school age, 
if any, in the public schools or recognized private schools where 
Philippine history, government, and civics are taught or prescribed as part of 
the 
school curriculum, and not limited to any nationality, race, during the entire period of 
his residence in the Philippines required of him prior to the filing of his petition for 
naturalization; and 
(h) 
SEC. 136. 
Persons Disqualified to be Citizens by Naturalization. - 
The 
He must have commingled socially with Filipinos. 
following persons cannot be naturalized as Philippine citizens: 
(a) 
Persons opposed to organized government or affiliated with any 
association or group of person who uphold and teach doctrines opposing all organized 
government; 
13 


1 
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 
(b) 
Persons defending or teaching the necessity or propriety or violence, 
personal assaults, or assassination for the success and predominance of their ideas; 
(c) 
Polygamists or polyandry people or believers in the practice thereof unless 
their religion allows it; 
(d) 
(e) 
Persons suffering from mental alienation or incurable contagious disease; 
Persons who, during the entire period of their residence in the Philippines, 
have not mingled socially with the Filipinos, or who have not evinced a sincere desire to 
learn and embrace the customs, traditions, and ideals of the Filipinos; 
(f) 
Citizens or subjects of a foreign country which the Philippines is at war, 
during the period of such was or hostilities; 
(9) 
Citizens of a foreign country whose laws do not grant Philippine citizens 
the privilege to become naturalized citizens thereof; and 
(h) 
SEC. 137. 
Residence Requirements, when reduced. - 
The seven years 
continuous residence required in Paragraph (b) of Section 135, shall be reduced to five 
(5) years under any of the following conditions: 
Persons engaging and/or supporting any terrorist activity or organization. 
(a) 
(b) 
He is a native-born foreign national; 
Being married to a woman who is a natural-born citizen, which marriage 
took place not less than three (3) years immediately prior to the filing of the petition; 
(c) 
Having established a new industry duly registered or introduced a useful 
invention in the Philippines duly patented; or 
(d) 
Having been engaged as a teacher in the Philippines in a recognized 
private school not established for the exclusive instruction of children of persons of a 
particular nationality or race, for a continuous period of not less than three (3) years. 
SEC. 138. Petition, Filing Fee and Contents Thereof - A filing fee of Twenty 
Five Thousand Pesos shall be paid and petitions for naturalization shall be signed by 
the petitioner in his own handwriting and sworn to by the petitioner on four copies, each 
accompanied by a recent photograph of the petitioner, and shall set forth: 
14 


1 
2 
3 
4 
5 
6 
I 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
21 
28 
29 
(a) 
His name and surname, including aliases or other names by which he is 
commonly known and called; his citizenship; and whether single or married; 
(b) 
(c) 
The place and date of birth, and his trade, profession or occupation; 
The name of his spouse and his living children, if any, indicating their 
corresponding dates and places of birth, and whether living with him or not; 
(d) 
His parents and former places of residence, indicating the periods of his 
residence in each place; 
(e) 
(f) 
(9) 
That he has all the qualifications required under Section 135 of this Act; 
That he is not disqualified under Section 136 of this Act; 
That he will reside continuously in the Philippines from the date of filing of 
the petition up to the time of his admission to Philippine citizenship; and 
(h) 
The names and place of residence of the witnesses whom he desires to 
introduce at the hearing of his petition. 
SEC. 139. Affidavit Requirement. - The petition shall be supported by the 
affidavits of at least two credible persons of good standing in the community, stating that 
they personally know the petitioner to have been born in or a resident of the Philippines 
for the period of time required by this Act, that the petitioner is a person of good repute 
and morally irreproachable, and that the petitioner has in their opinion all the 
qualifications necessary to become a citizen of the Philippines and is not in any way 
disqualified under the provisions of this Act. 
SEC. 140. Publication Requirements. - Immediately upon the filing of a petition, 
the Commissioner shall cause the publication of the petition at petitioner's expense, 
once a week for three (3) consecutive weeks in the Official Gazette, in one national 
newspaper of general circulation, and in one local (city or provincial) newspaper where 
the petitioners resides. Copies of said petition and a general notice of hearing shall also 
be posted in a public and conspicuous place in the central office or immigration regional 
or field office where the proceedings will be heard, which hearing shall not be held until 
after three (3) months from the date of last publication of the notice in the national 
newspaper. 
The Commissioner shall, as soon as possible, forward copies of the 
15 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
1s 
12 
13 
14 
15 
16 
17 
18 
19 
20 
2s 
22 
23 
24 
25 
26 
27 
28 
29 
petition together with the affidavits of the witnesses to the office of the Solicitor General, 
the Director of the National Bureau of Investigation, the provincial director of the 
Philippine National Police, and the provincial or city prosecutor of the province or city 
where petitioner resides. 
SEC. 141. 
Naturalization Proceeding. - The Board of Special Inquiry shall 
conduct naturalization hearings under this Act: Provided, however, that no petition shall 
be heard within thirty (30) days preceding any election. The hearing shall be open to 
the public and the Solicitor General or his authorized representative shall appear on 
behalf of the government at all proceedings and at the hearing. The Board of Special 
Inquiry shall submit in writing its findings and recommendations taking into account the 
evidence presented and the testimony of witnesses whether the petitioner possess all 
the qualifications and none of the disqualification set forth under Sections 136 and 137, 
to the Board of Commissioners for decision, within thirty (30) days after termination of 
the hearing, together with the complete records of the case. The Board shall render its 
decision within thirty (30) days upon receipt of the entire records of the case. 
If it is found in the course of the hearing that any of witnesses is not credible or is 
incompetent, and it is satisfactorily shown that the petitioner acted in good faith in 
presenting such witness, another witness may be presented by the petitioner upon 
proper motion, subject to approval of the Board of Commissioners. 
SEC. 142. 
Decision of the Board of Commissioners, When Final. - The 
Decision of the Board of Commissioners granting or denying the petition shall become 
final and executory after the lapse of fifteen (15) days from the date parties or counsel 
receive a copy of the decision and no appeal has been filed with the Court of Appeals. 
Should the Board of Commissioners affirm the petition for naturalization and said 
decision becomes final and executory, the commissioner shall upon payment of the two 
hundred thousand pesos naturalization fee, issue a certificate of naturalization to the 
petitioner and furnish a copy thereof to the civil registrar of the locality where the 
petitioner was born and also the locality where petitioner resides, for registration in the 
civil registry. 
76 


1 
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 
SEC. 143. Certificate of Naturalization, Contents thereof. - A certificate of 
naturalization issued under this Act shall, among other things, contain the following: 
(a) 
(b) 
(c ) 
The case number of the petition, as docketed; 
The number of the certificate of naturalization; 
The signature of the person naturalized which shall be affixed in the 
presence of the members of the Board of Special Inquiry, which heard the petition; 
(d) 
(e) 
(f) 
(9) 
(h) 
(i) 
The recent picture of the person naturalized; 
The personal circumstances of the person naturalized; 
The date on which his petition was filed; 
The date of the decision granting the petition; and 
The payment of the filing fee and naturalization fee; and 
The names of the members of the Board of Special Inquiry who conducted 
the hearing of the petition. 
SEC. 144. Renunciation and Oath of Allegiance. - Before the issuance of the 
certificate of naturalization which shall be in such form as may be prescribed by the 
regulations, the petitioner shall, before the Commissioner or any member of the Board, 
taken the following oaths translated in Pilipino, whereupon, and not before, he will be 
entitled to all the privileges of a citizen of the Philippines: 
(‘1 I 
, 
do 
hereby 
solemnly swear that I renounce absolutely and forever 
all allegiance and fidelity to any foreign potentate, state, 
sovereignty, and particularly to the 
of which at this time I am a subject or citizen; that I will 
support and defend the Constitution of the Philippines 
and that I will obey the laws, legal orders, and decrees 
promulgated by the duly constituted authorities of the 
Republic of the Philippines; and I hereby declare that I 
recognize and accept the supreme authority of the 
Republic of the Philippines and will maintain true faith 
77 


1 
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 
and allegiance thereto; and that I impose this obligation 
upon myself voluntarily without mental reservation or 
purpose of evasion 
So help me God". 
SEC. 145. 
Books and Records. 
- 
The Citizenship and Naturalization 
Department of the Commission shall keep two books: one in which the petitions shall be 
recorded in chronological order, noting all proceedings thereof from the filing of the 
petition to the final issuance of the certificate of naturalization; and another, which shall 
be a record of naturalization certificates, each page of which shall have a duplicate copy 
which shall all be duly attested by any member of the Board of Special Inquiry 
conceined. 
SEC. 146. Retention of Fees. - The Commission shall retain fifty percent 
(50%) of the payment made under these naturalization proceedings to be used for the 
operating expenses of the Commission. 
Chapter 5.- Effects of Naturalization 
SEC. 147. Effects on Wife and Children. - Any woman who is now or may 
hereafter be married to a citizen of the Philippines, and who might herself be lawfully 
naturalized under the provisions of this Act shall be deemed a citizen of the Philippines, 
and minor children of persons naturalized under this Act, who have been born in the 
Philippines, shall be deemed citizen thereof: Provided that they shall first qualify and be 
recognized as such by the Commission. 
SEC. 148. 
Children Born Prior to Naturalization of Parent. - A foreign-born 
minor child, if dwelling in the Philippines at the time of the naturalization of the parent, 
shall automatically become a citizen but a foreign-born child, who is not in the 
Philippines at the time the parent is naturalized, shall be deemed a citizen only during 
his minority. However, he may continue to be a citizen even after reaching the age of 
majority or eighteen (18) years of age: 
Provided, that he shall first qualify and be 
recognized as such in the Commission. 
78 


1 
SEC. 149. Children Born Outside the Philippines after Naturalization. - A child 
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 
born outside the Philippines after the naturalization of his father shall be considered a 
citizen, subject to prior recognition of his citizenship by the Commission. 
SEC. 150. Effects of Petitioner’s Death Before Finality of the Order. - In case a 
petitioner dies before the final decision has been rendered, his widow andlor minor 
children may continue the proceedings. The decision rendered in the case shall, insofar 
as the widow and minor children are concerned, produce the same legal effect as if it 
had rendered during the lifetime of the petitioner. 
Chapter 6. - Cancellation of Naturalization Certificate 
SEC. 151. Cancellation of Naturalization Certificate. - Upon motion made in the 
proper proceedings by the Solicitor General or by the provincial or city prosecutor 
concerned or by any concerned citizen, the Commissioner, upon hearing by and 
recommendation of the Board of Special Inquiry concerned, may cancel naturalization 
certificate issued and its registration in the proper civil registry shall be ordered revoked 
and considered null and void: 
(a) 
if it is shown that said naturalization certificate was obtained fraudulently 
by means of any false and fictitious statements or documents, misrepresentations, or 
concealment of material facts; or 
(b) 
if it is shown that the naturalized citizen has allowed himself to be used as 
a dummy in violation of the Constitution or any provision of law requiring Philippine 
citizenship as a requisite for the exercise, use or enjoyment of a right, franchise, or 
privilege; or 
(c) 
if it is shown that the minor children of the person naturalized failed to 
finish high school in a public school or recognized by neglecting to support the 
education of any such children. 
Any person who claims to be a citizen by virtue of the naturalization of a parent 
or spouse whose certificate of naturalization has been ordered revoked and cancelled 
on any of the grounds set forth in this section, shall be deemed to have lost his 
Philippine citizenship and any right or privilege of a citizen which he may have or may 
79 


1 
2 
3 
4 
5 
6 
I 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
hereafter acquire under and by virtue of the naturalization of such parent or spouse. If 
said person wishes to continue to stay in the Philippines, he must apply for an 
appropriate visa as provided under this Act. 
TITLE VI1 
MISCELLANEOUS PROVISIONS 
Chapter 1. - Legalization of Unlawful Residence of 
Qualified Foreign Nationals 
SEC. 152. When to File Application. - The provisions of this Act notwithstanding, 
any foreign national whose stay in the Philippines is otherwise unlawful under existing 
laws and who desires to reside permanently in the Philippines may apply for the 
legalization of his stay which shall be filed with the Commission on Immigration and 
Naturalization within one (1) year from the effectivity of the rules and regulations to 
implement the provisions of this Act. 
SEC. 153. Qualifications and Requirements. - Any foreign national who wants 
to avail himself of the benefits under this Act must establish that: 
(a) 
He has remained unlawfully in the Philippines for a period of at least five 
(5) years prior to filing of his application for legalization; 
(b) 
He has, during the last five (5) years prior to the filing of his application, 
been continuously present physically in the country: Provided, that he shall not be 
considered to have failed to maintain continuous physical presence by virtue of brief, 
casual, and innocent absences from the Philippines; 
(c) 
He possesses minimal understanding and knowledge of either English or 
any of the major dialects of the Philippines. Provided that the Commissioner may waive 
this requirement in the case of a foreign national who is sixty-five (65) years of age or 
over; 
(d) 
He has no pending deportation case, or criminal case whereby he may be 
subject to deportation, or he is not engage in any activity where by be maybe subject to 
deportation: Provided, that in case of dismissal of a deportation or criminal cases 
against him, he may and could avail himself of the benefits under this Act. 
80 


1 
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 
SEC. 154. Who are Qualified. - The following foreign nationals are disqualified 
from availing themselves of the benefits under this Act: 
Those who are suffering from any mental disorder or are afflicted; 
Those who have been convicted by final judgment, any crime or offense 
involving moral turpitude during the entire period of his stay in the 
Philippines: 
Those who are fugitives from justice of any country; 
Those who have been convicted by final judgment of any crime or offense 
where the penalty imposed is imprisonment for more than one year or a 
fine exceeding then thousand (P10,OOO) pesos; 
Those who have been found guilty of unfair labor practices; 
Those who are shown to have defrauded their creditors by absconding or 
alienating properties to prevent their being attached or executed 
Those who are indigents or likely to become public charges; and 
Those who have been identified by competent authorities are involved or 
are sympathizers of terrorism, human smuggling and human trafficking. 
SEC. 155. Filing Fees. - A filing fee of fifty thousand pesos for the applicant, 
then thousand for the spouse and five thousand for each minor child shall be paid upon 
submission by a foreign national of his application for legalization of his residence which 
amounts are not refundable. 
Such fees may be adjusted, as the Board of 
commissioners may deem necessary. 
SEC. 156. Filing of the Application: Its Effects. - Any foreign national who has a 
pending application for legalization of residence under this Act shall not be subject to 
deportation proceedings. 
SEC. 157. Death of Applicant: Its Effects. - In cases where the foreign national 
should die before the decision is rendered on his application, any decision rendered 
shall, insofar as the wife and unmarried children are concerned, produce the same legal 
effect as if the decision was rendered during the lifetime of the applicant. 
81 


1 
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 
SEC. 158. Period to Resolve Applications. - All applications filed under this Act 
shall be decided by the Board upon recommendation by the Board upon 
recommendations by the Board of Special Inquiry. All decisions of the Board shall 
become final and executory after fifteen (15) days from receipt of the notice and copy of 
the decision of the applicant or his counsel. The Board shall entertain only one motion 
for reconsideration, which must be filed in writing within fifteen (15) days from receipt of 
the notice and copy of the decision by the applicant or his counsel or record. 
SEC. 159. Effect of Approval and Consequences of Denial. - Any foreign 
national whose application for legalization under this Act has been approved shall pay a 
legalization fee of fifty thousand pesos (P50,OOO) for the applicant, twenty-five thousand 
pesos (P25,OOO) for the spouse and ten thousand pesos (Pl0,OOO.OO) for each minor 
child for such legalization to be implemented. The Board of Commissioner's may adjust 
such fees whenever they deem necessary. He shall be deemed to have been lawfully 
admitted for permanent residence in the Philippines as of the date of approval of his 
application. In case of denial, the applicant and his dependents, if any, shall be ordered 
to leave the country at their own expense, without prejudice to their retuning to the 
Philippines and applying for adjustment of their status from temporary visitor to some 
other category or classification as non-immigrants or immigrants: Provided that the 
Commissioner may waive their physical departure if it is impossible or impracticable, or 
would result in exceptional and extreme hardship to the foreign national and his 
dependents, if any. 
SEC. 160. Waiver of Requirement by the Commissioner and Non-applicability of 
some Limitations. - For purposes of this Act, the reciprocity requirement of immigrants 
may be waived by the Commissioner: Provided that such waiver shall not be exercised 
if it contravenes or is opposed to public interest or national security considerations. 
Similarly, the limitation for quota immigrant under this Act shall not apply to the 
legalization of unlawful residence and the status of a foregoing national as immigrant 
under this Act. 
82 


1 
2 
3 
4 
5 
6 
I 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
SEC. 161. Non-disclosure of Information. - Any employee of the Commission 
shall not: 
(a) 
Use any information furnished pursuant to an application filed under this 
Act for any purpose other than to make a determination of the application 
for an enforcement of penalties for false and misleading statements in the 
application; 
Make any publication whereby any information furnished may identify a 
particular individual; or 
Permit anyone, other than the duly authorized officials and employees of 
the Commission, to examine individual applications. 
(b) 
(c) 
SEC. 162. Disposition of the Fees Collected. - The Commission shall retain 
50% of the payments received under these legalization proceedings and shall deposit 
the same in a special account in any government depository bank, same to be made 
available, without any fiscal year limitation, to cover administrative and all other 
expenditures which may be incurred in connection with the implementation of this 
legalization program and also for the general enforcement of this Act. 
Chapter 2. - Alien Registration 
SEC. 163. Requirement of Registration. - Temporary visitors in the Philippines 
must register at the Commission on Immigration, or at the office of the alien control 
officer or if there be none at the office of the city or municipal treasurer nearest their 
place of residence, after fifty-nine (59) days from their arrival in the Philippines. 
Alien born in the Philippines must be registered within thirty (30) days from date 
of birth by their parent or legal guardian. 
SEC. 164. Registration, form and Oath. - Applications for registration shall be 
under oath and in such form as prescribed by the Commission. Upon registration, an 
Alien Certificate of Registration in such form and containing such particulars as 
prescribed by the Commission shall be issued to the registrant. In the case of loss or 
destruction of such certificate a duplicate thereof upon application shall be issued by the 
Commission. 
83 


1 
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 
SEC. 165. 
Notice for Change in Address. - 
The alien shall notify the 
Commission in writing of any change of residence and his new address not later than 
seven (7) days after such change. 
SEC. 166. 
Presentment of Alien Certificate of Registration, - Every alien 
required to register under this Act or the parent or guardian of such alien shall, upon 
demand or any immigration official, or any peace officer authorized by the Commission, 
exhibit his Alien Certificate of Registration or copy thereof. Failure to do so without 
justifiable cause shall subject such alien to an administrative fine. 
SEC. 167. Reportorial Requirement. - Every alien registered under this Act 
shall, within the first sixty (60) days of every calendar year, report in person to the 
Commission. An annual report fee as prescribed by the Commission shall be paid by 
the alien. 
SEC. 168. Compliance by Minors of Registration Requirement. - The parent or 
legal guardian of aliens below fourteen (14) years of age shall have the duty of 
complying with registration, notice and reporting requirements prescribed in this Act. 
SEC. 169. Failure to Comply with Registration Requirement. - An alien or the 
parent or legal guardian of an alien who fails without justifiable cause to comply with the 
registration, notice and reporting requirements, provided in this Act, or who files an 
application for registration containing statement known by him to be false, or who 
utilizes a registration certificate other than his own, shall be subject to the appropriate 
administrative fine as prescribed in the implementing rules and regulations of the 
Commission. 
SEC. 170. Surrender of Alien Certificate of Registration. - In the case of the 
death of an alien registered under the provisions of this Act, his legal heirs, 
representative or administrator must surrender the Alien Certificate of Registration of 
said deceased alien to the Commission within sixty (60) days from the date of death. 
The Local Civil Registrar of other civil registry officer of the locality were said alien died 
shall also furnish the Commission with a copy of the certificate of death of said alien 
within thirty (30) days from issuance thereof. 
Failure on the part of the persons 
84 


1 
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 
concerned to comply with the requirements of this section shall subject the offender to 
the appropriate fine or sanction as prescribed in the implementing rules and regulations 
of the Commission. 
Chapter 3. - Head Tax 
SEC. 171. Head Tax; Amount Thereof, and By Whom Payable. - A tax of five 
hundred (P.500.00) pesos shall be collected from every foreign national who is fourteen 
(14) years of age or over admitted into the Philippines for a temporary stay exceeding 
sixty (60) days, or from every foreign national whose stay in the Philippines has 
exceeded sixty (60) days, which tax shall be paid to the Commission. 
Chapter 4. - Bonds and Deposits 
SEC. 172. Bonds, When Exacted. - The Commission shall have the power to 
exact cash bond in such amounts and under such conditions as it may prescribe: 
(a) 
To control and regulate the admission into, and departure from, the 
Philippines of aliens applying for temporary admission; 
To insure against alien passengers liable to be excluded as likely to 
become public charges, from becoming public charges; and 
To insure the appearance of aliens released from custody during the 
course of deportation proceedings instituted against them, as determined 
by the respective Board of Special Inquiry hearing the deportation cases. 
(b) 
(c) 
SEC. 173. 
Requirement of Cash Deposits for Overtime Services. - 
The 
Commission shall likewise have the power to require cash deposits in such amounts as 
may be necessary from shipping and airline companies or other persons served to 
cover payments for overtime services to be performed by officers and employees of the 
Commission. 
SEC. 174. Cancellation and Forfeiture of Bonds. - When the conditions of the 
bond are fulfilled, or in the case of a bond posted to insure against an alien becoming a 
public charge when the Commission shall decide that the likelihood no longer exists, or 
in the event of the naturalization as a Philippine citizen or death of the alien in whose 
behalf the bond is posted, the bond shall be cancelled and refunded to the depositor or 
85 


1 
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 
his legal representative. In case of violation of the conditions of the bond, the same 
shall be forfeited and deposited in a trust fund account, which may be utilized for the 
purchase of tickets of indigent deportees and to cover the costs of operations in the 
arrest of the deportee who jumps bail. 
Chapter 5. - Recognizance 
SEC. 175. Petitions for Recognizance Sanction for Breach of Conditions, - The 
Commissioner may order the release of an alien upon recognizance of his lawyer or a 
person who is of good standing in the community, under such terms and conditions as 
he may prescribe. Any lawyer, individual or a juridical person who fails to comply with 
any term or condition of the recognizance entered into by him shall be subject to a fine 
of not more than one hundred thousand pesos (P100,OOO.OO) but not less than ten 
thousand (PlO,OOO.OO) pesos, without prejudice to administrative sanction and or 
disbarment proceedings, if appropriate and warranted, in the case of a lawyer. If non- 
compliance under this section is committed by a foreign diplomatic or consular officer, 
he shall be reported to the ambassador of his country and to the Secretary of Foreign 
Affairs. If committed by a travel agency, it shall be barred from transacting business 
with the Commission or to enter its premises. In all cases, the erring individual or 
agency shall be fined an amount of not more than one hundred thousand pesos 
(P100,OOO.OO) but not less than ten thousand pesos (Pl0,OOO.OO). 
Chapter 6. - Human Trafficking and Alien Smuggling 
SEC. 176. Human Trafficking and Alien Smuggling, Defined. - As used herein, 
"Human Trafficking" shall refer to the illicit and profit-motivated transportation of 
persons, especially women and children across international borders, with or without 
their consent or knowledge, by small crime rings or international criminal syndicates, for 
purposes of sexual exploitation or clandestine labor under inhumane, abusive, and 
slave-like conditions. Alien smuggling shall refer to any of the following acts: 
(a) 
The recruitment, transfers, development or travel of any alien with or 
without the alien's consent or knowledge, or other illegal means for landing or entry into 
the Philippines without valid passport visa or travel documents. 
86 


1 
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 
(b) 
The recruitment, transfers, deployment or travel of any alien with or 
without the alien's consent or knowledge, or other illegal means for landing or entry into 
the Philippines with valid passport, visa or travel documents but without proper 
inspection, admission and clearance by immigration officials. 
(c) 
The entry of an alien into the Philippines not duly admitted by an 
immigration official or not lawfully entitled to enter or reside within the Philippines under 
terms of the immigration laws. 
(d) 
Being an alien shall for any fraudulent purpose obtains entry into the 
Philippines by willful, false or misleading representation or willful concealment of a 
material fact, including the use of falsified visa, passports or travel documents. 
Alien smuggling may be committed by the alien himself, any person, group of 
persons, corporation, associations, clubs or other entity aiding, harboring, concealing, 
employing or giving comfort to the alien mentioned herein. 
SEC. 177. Arresf of Those lnvolved in Alien Smuggling and Human Trafficking. 
- Immigration officers and agents and police officers, agents of the National Bureau of 
Investigation and other agents of law enforcement units duly deputized may arrest an 
alien and any person, group of persons, officers or corporations, associations, clubs or 
other entity aiding, harboring, concealing, employing or giving comfort to the alien 
mentioned herein on violations of the preceding section. The arresting officer shall 
within twenty-four (24) hours after the arrest have been made, turn over the arrested 
alien to the Law and Investigation Department for investigation to be conducted by the 
legal officer. 
SEC. 178. Complaints for Acts of Alien Smuggling and Human Trafficking. - 
Complaints for Acts of Alien Smuggling and Human Trafficking shall be evaluated by a 
legal officer of the Law and Investigation Division. Should there exist a prima facie case 
of alien smuggling, the Immigration Prosecutor shall file with the Board of Special 
Inquiry the Deportation Charge against the alien concerned for deportation proceedings. 
The Law and Investigation Department shall likewise prepare a complaint 
affidavit for filing with the office of the prosecutor for possible filing of criminal charges 
87 


1 
before the courts against the alien and those other persons who aided, harbored, 
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 
concealed, employed, or gave comfort to the alien. 
The final deportation order shall be stayed while the criminal case is pending. 
Chapter 7. - Liaison with Internal Security Officers 
SEC. 179. Liaison With lnternal Security Officers. - The Commissioner shall 
have authority to maintain direct and continuous liaison with the Director of the National 
Bureau of Investigation and the National Intelligence Coordinating Agency and with 
other internal security officers of the government for the purpose of obtaining and 
exchanging information for use in enforcing the provisions of this Act in the interest of 
the National Security of the Philippines. The Commissioner and the head of the Office 
of Consular Affairs of the Department of Foreign Affairs shall likewise maintain direct 
and continuous liaison with each other with a view to a coordinated, uniform, and 
efficient administration of this Act and all other immigration and citizenship laws. 
Chapter 8. - Designation of Ex Officio Special Agents 
SEC. 180. Designation of Personnel as Ex-Officio Special Agents. - 
The 
Commissioner is authorized to designate any regular employee of a municipality as ex 
officio special agent of the Commission for the enforcement of this Act, without 
additional compensation, and to confer or impose upon the employee so designated 
any of the powers, duties and functions conferred or imposed by this Act or the 
regulations issued thereunder 
upon employees of 
the 
Commission as the 
Commissioner shall, with the approval of the Secretary I prescribe and define by 
appropriate rules and regulations: Provided, however, That any such designation shall 
be limited only to remote municipalities situated on the coastline of the Philippines 
where the employee designated is permanently residing: Provided, furfher, That any 
such designation may be revoked at any time by the Commissioner. 
SEC. 181. Supervision Over Ex-Officio Special Agents. - Ex officio special 
agents shall be under the general supervision of the Regional Immigration Supervisors 
under whose jurisdiction the municipality is located, and shall perform such duties and 
functions as indicated in their designation. 
Pending issuance of the rules and 
88 


1 
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 
regulations governing enforcement of the preceding section, city and municipal 
treasurers designated ex officio special agents of the Bureau of Immigration under 
Republic Act No. 750 shall continue to perform their duties and functions as provided for 
in the rules and regulations governing the enforcement of aforesaid Act, except their 
functions to act on applications of aliens for registration and to receive the required fees 
therefore and collection of the annual report fee paid by aliens as provided for in the 
same Act as fore cited. 
Chapter 9. - Fees and Charges 
SEC. 182. Authority of the Commissioner to Collect Fees and Charges. - The 
Commissioner is authorized under the provisions of this Act, to prescribe and collect 
fees and charges for services, which shall take effect fifteen (15) days after the last 
publication thereof for two (2) consecutive weeks in a national newspaper of general 
circulation. 
Chapter I O .  - Administrative Fines Against Vessel or Aircraft 
SEC. 183. Fine for failure to submit crew list, passenger manifest or failure to 
account every passenger and crew. - Any vessel arriving at a port in the Philippines 
from a place outside thereof who fails to submit to the immigration authorities the crew 
list and/or passenger manifest as provided in Sections 48 and 97 hereof, or fails to 
produce satisfactorily or account for every crewmember or passenger, whose name 
appears in said list, the pilot, master, agent, owner or consignee of the vessel or aircraft 
shall be subject to a fine of One hundred thousand pesos (P100,OOO.OO) for failure to 
submit a complete, true and accurate report and a fine of fifty thousand pesos 
(P50,OOO.OO) for each unaccounted person. 
SEC. 184. Fine for violation of obligation on the landing or removal of aliens. - 
Any vessel arriving at a port of the Philippines from a place outside thereof and violates 
any of the provisions in Sections 86 and 119 hereof shall pay to the Commission a fine 
of not less than fifty thousand pesos (P50,OOO.OO) but not more than two hundred 
thousand pesos (P200,000.00) for each violations as may be determined by the 
Commissioner. 
89 


1 
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 
SfC. 185. Fine imposed for bringing undocumented alien or aliens afflicted with 
a disease or a physical or mental disorder, which are loathsome, communicable or 
incurable. - If any vessel arriving at a port in the Philippines from a place outside 
thereof bring on board an alien bound for the Philippines who is not properly 
documented as required by this Act, the pilot, master, agent, owner or consignee of the 
vessel or aircraft shall be subject to a fine of one hundred thousand pesos 
(PlOO,OOO.OO) in the case of each such person brought. If the alien is afflicted with a 
disease or a physical or mental disorder which are loathsome, communicable or 
incurable, the fine to be imposed shall be not less than two hundred pesos 
(P200,OOO.OO) but not more than three hundred thousand pesos (P300,OOO.OO) in the 
case of each such person brought as may be determined by the Commissioner. 
SEC. 186. Fine imposed for bringing an alien signed on the ship's article to 
assist his illegal entry or falsely represent an alien as a member of the crew. - If any 
vessel arriving at a port in the Philippines from a place outside thereof bring on board 
an alien bound for the Philippines with an intention to permit or assist said alien in 
violation of the provisions of this Act or falsely represents to the consular officer at the 
time of application of visa or to the immigration officer at the port of arrival in the 
Philippines to be a bona fide member of the crew, the pilot, master, agent, owner or 
consignee of the vessel or aircraft shall be subject to a fine of not less than one hundred 
thousand pesos (PlOO,OOO.OO) but not more than two hundred thousand pesos 
(P200,OOO.OO) in the case of each such person brought as may be determined by the 
Commissioner. 
SFC. 187. fine for violation of provisions of the Act. - Any vessel arriving at a 
port of the Philippines from a place outside thereof and violates any of the provisions of 
this Act not specifically discussed in this Chapter shall pay to the Commission a 
reasonable fine as may be determined by the Commissioner which shall in no case be 
less than fifty thousand pesos (P50,OOO.OO) but not more than two hundred thousand 
pesos (P200,OOO.OO) for each violation. 
Chapter 11. -Other Penal Provisions 
90 


1 
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 
SEC. 188. Acts Penalized, against whom and penalty imposed. - A fine of not 
less than One hundred thousand Pesos (PlO0,OOO.OO) but not more than one million 
pesos (PI ,OOO,OOO.OO), provided no other cases are filed against the alien in the regular 
courts of law, shall be imposed on any person determined to have committed the 
following: 
(a) 
Impersonate another individual, or falsely appears in the name of 
a 
deceased individual, or evades the immigration laws by using an assumed or fictitious 
name when applying for an immigration document; 
(b) 
Issues or otherwise disposes of an immigration document or an 
immigration accountable form, to any person not authorized by law to receive such 
documents; 
(c) 
Obtains, manufactures, prints, accepts or uses any immigration document 
knowing it to be false or uses immigration accountable form that is not legally issued; 
(d) 
Enters the Philippines without inspection and admission by the 
immigration authorities, or obtains entry into the Philippines by fraud, misrepresentation, 
or concealment of material facts; 
(e) 
(f) 
Knowingly makes under oath may false statement regarding any 
Represents himself to be a Philippine citizen; 
immigration matter; or 
(9) 
Brings into, or lands in the Philippines, or conceals, harbors, employs, or 
gives comfort to any alien not duly admitted by any immigration officer or not lawfully 
entitled to enter into or resides within the Philippines, or attempts, conspires with, or 
aids another to commit any such acts; 
Where the offender of any acts specified in paragraph (9) hereof is a corporation, 
company, partnership or other juridical entity, the president, general manager, 
managing partner, or chief executive officer thereof shall be held liable. Dismissal by 
the employer before or after apprehension shall not relieve the employer of the offense. 
If the offender who commits any of the acts specified under paragraph (9) hereof 
of this section is the pilot, master, agent, owner, consignee, or other person in charge Of 
91 


1 
2 
3 
4 
5 
6 
I 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
21 
28 
29 
the vessel which brought the alien into the Philippines from any place outside thereof, 
the fine imposed under the first paragraph hereof shall constitute a lien against the 
vessel which may be enforced in the same manner as fines are collected and enforced 
under existing laws. Such vessel shall not be allowed to depart without prior clearance 
issued by the Commission. 
Where forfeiture is justified under the particular 
circumstances of the case, the forfeiture of the vessel in favor of the government in lieu 
of the fine shall be decreed. 
SEC. 189. Penalty for Non-compliance of a Subpoena. - A fine of not more 
than One thousand pesos (P1,OOO.OO) or imprisonment for not more than fifteen (15) 
days shall be imposed upon conviction on any person who having been duly served 
with a subpoena or subpoena duces tecum fails to comply with the requirements thereof 
without valid and justifiable cause and then who fails to observe the provisions of this 
Act. 
SEC. 190. Penalty for Ovesfaying Crewmen. - Any alien crewman who willfully 
remains in the Philippines beyond the period allowed him for temporary landing shall be 
guilty of an offense, and upon conviction thereof shall be fined of not less than fifty- 
thousand pesos (P50,OOO.OO) but not more than one hundred thousand pesos 
(PlOO,OOO.OO) or imprisonment of six (6) months or both at the discretion of the Board, 
and shall be summarily deported after his release from confinement. 
SEC. 191. Penalties on Fraudulent Applications. - Any foreign national who 
makes any fraudulent application on materially false and misleading statements therein, 
regardless of whether or not the application is granted, shall, upon conviction, be 
punished with imprisonment of not less than one year but not more than five (5) years 
or a fine of not less than fifty thousand pesos (P50,OOO.OO) but not more than one 
hundred thousand pesos (PlOO,OOO.OO), or both at the discretion at the court, and 
summarily deported after serving the entire period of his imprisonment. This shall be 
without prejudice to prosecution for any other acts committed in connection with his 
application, which are punishable under existing laws. In cases where the application 
has already been approved, the conviction by final judgment of any offense punishable 
92 


1 
under this Act or other laws arising from acts committed in connection with his 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
2s 
26 
27 
28 
29 
application shall automatically revoke the legalization of the residence and status in the 
Philippines of the applicant, including his wife and unmarried children, if any. 
SEC. 192. Penalty for Tampering and or Alteration of Naturalization Certificate. - 
Any individual who shall fraudulently make, falsify, forge, change, alter or cause or aid 
any person to do the same; or who shall purposely aid and assist in falsely making, 
falsifying, changing, or altering a naturalization certificate for the purpose of making use 
thereof, or in order that the same be used by another person or persons; and any 
person, who shall purposely aid or assist another in obtaining a naturalization certificate 
in violation of the provisions of this Act shall be punished by a fine of not less than fifty 
thousand pesos (P50,OOO.OO) but not more than two hundred thousand pesos 
(P200,OOO.OO) or by imprisonment of not less than five (5) years or both, and in the 
case that the person convicted is a naturalized citizen, his certificate of naturalization 
and the registration of the same in the proper civil registry shall be ordered cancelled. 
SEC. 193. Penalty for Human Trafficking and Alien Smuggling. - Any person 
found guilty of committing any of acts enumerated in Section 176 shall suffer the 
penalty of prison mayor and a fine of one million pesos (Pl,OOO,OOO.OO) but not more 
than two million pesos (P2,000,000.00) for each alien smuggled into the Philippines: 
Provided, that if the offender is a foreigner, he shall be immediately deported, Provided 
that there are no other case filed and/or pending against the alien in the regular courts 
of law after service of his sentence and be barred permanently from entering the 
country again except if the offender is married to Filipino citizen, he shall be barred from 
entering the country for a period of five (5) years. 
If the offender is an agency, 
corporation, association, club or establishment, or any place of entertainment 
committing any of the acts enumerated in Section 176, the owner, president, head, 
manager, or any responsible official shall suffer the penalty herein provided. The 
registration with the Securities and Exchange Commission (SEC) and license to operate 
of the agency, corporation, association, tour or travel agent, club or establishment, or 
any place of entertainment shall be cancelled and revoked permanently. The owner, 
93 


1 
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 
president, or head manager thereof shall not be allowed to operate similar 
establishment in a different name. 
SEC. 194. Penalty for Terrorists. - Any alien found engaging in, supportive of 
any terrorist activity and/or abetting a terrorist shall be meter a penalty of not less than 
five (5) years imprisonment and a fine of One Million Pesos (P1,000,000,.00) but not 
more than two (2) million, Provided that immediately after the service of sentence, said 
alien shall be immediately deported and perpetually barred from entering the 
Philippines. 
SEC. 195. Penalty for Exploitation of Natural Resources and/or violation of 
Environmental Protection Law. - Any alien caught disturbing/exploiting or attempting to 
disturb/exploit our natural resources without the appropriate permit or violating any of 
our environmental protection law, rules and regulations shall without prejudice to the 
filing of appropriate charges or institution of deportation proceedings be made to pay 
and administrative fine of one-hundred thousand (PlOO,OOO.OO) pesos, plus cost of the 
property damaged as may be determined by the Department of Environment and 
Natural Resources (DENR). 
SEC. 196. Penalty for Violation of other provisions of the Act. - 
Any other 
violations of this Act, which penalties are not specifically provided for, as well as the 
rules or regulations of the Commission which may hereafter be promulgated shall be 
subject to a reasonable penalty as may be determined by the Commissioner shall be 
penalized vessel arriving at a port of the Philippines from a place outside thereof and 
violates any of the provisions of this Act not specifically discussed in this Chapter shall 
pay to the Commission a reasonable fine as may be determined by the Commissioner 
which shall in no case be less than fifty thousand pesos (P50,OOO.OO) but not more than 
two hundred thousand pesos (P200,OOO.OO) for each violation. 
Chapter 12. - Funding 
SEC. 197. 
Funding. - In additional to its annual budget under the General 
Appropriations Act, the Commission on Immigration is authorized to use twenty percent 
(20%) of its income derived from collection of immigration fees, to be used for its 
94 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
11 
18 
19 
20 
21 
22 
23 
24 
25 
26 
21 
28 
29 
computerization project and to augment its funds for maintenance and other operating 
expenses, information gathering and storage and for communication and transport 
facilities in the enforcement of its functions. 
Chapter 13. - Transitory Provisions 
SEC. 198. 
Interim Period. - The incumbent Commissioner and the two 
associate commissioners and the present immigration manpower compliment shall 
continue to exercise the powers and discharge the duties and responsibilities of their 
position and carry out the provisions of this Act for a period of one year from the date of 
its enactment into law and until such time that the members of the Commission are duly 
appointed by the President, and the new organizational, functional and manpower chart 
have been finalized, 
SEC. 199. Staffing Pattern and Salary Scale. - To carry out the provisions of 
this Act, the Commissioner shall submit a new staffing pattern and salary scale for 
personnel services to the Secretary of the Department of Budget and Management for 
approval, which shall be in accordance with the Salary Standardization Law and other 
applicable laws under the National Compensation and Classification Plan. 
SEC. 200. Organization of the Commission. - Upon approval of this Act, all 
employees of Bureau of Immigration covered by the civil service law and regulations 
shall continue to hold their present positions pending the organization of the 
Commission in accordance with the new staffing pattern: Provided however, That in the 
event that the positions are abolished in accordance with the reorganization, the 
affected employees shall be given first priority in the appointment or promotion to the 
newly created positions to which they may qualify; Provided further that no incumbent 
qualified employee of the Bureau of Immigration shall be unjustly separated from 
service; Provided finally that any qualified employee who cannot be absorbed by the 
Commission shall be entitled to a separation pay of two months (2) pay for every year of 
service and other benefits under existing retirement laws, at the option of the personnel 
concerned. Provided further that employees who have been dismissed for cause will no 
longer qualify for any position in the Commission. 
95 


1 
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 
21 
28 
29 
SEC. 201. 
lnventoty and Transfer of Propen'ies to the Commission. - All 
records, equipment, buildings, facilities, and other properties of the Bureau of 
Immigration reorganized under this Act shall be properly inventoried and transferred to 
the Commission established in this Act. 
SEC. 202. Forms. - Naturalization certificate and other blank forms required for 
carrying out of the provisions under this Act shall be printed on security paper with 
identifying watermarks and other security features. 
SEC. 203 
Policies, Rules and Regulations. - The Commissioner shall 
promulgate the necessary rules and regulations for the proper implementation and 
enforcement of the provisions of this act, which rules and regulations shall take effect 
fifteen (15) days after its publication in a newspaper of general circulation. 
Chapter 14 - Repealing Clauses 
SEC. 204. This Act is in substitution of and supersedes Commonwealth Act No. 
613, otherwise known as the Philippine Immigration Act of 1940, as amended: 
Provided, That nothing contained in this Act, except Sections 76 and 78 hereof, shall be 
construed to affect any prosecution, suit, action, or proceeding brought, or any act, 
thing, or matter, civil or criminal, done or existing at the time of the effectivity of this Act; 
but as to all such prosecutions, suits, actions, proceedings, act, things, or matters, the 
provisions of aforementioned Commonwealth Act No. 613, as amended, are continued 
in force and effect: Provided, fun'her, That as to such prosecutions, suits, actions, or 
proceedings, or as to such acts, things, or matters, the procedure provided for by this 
Act or by regulations prescribed thereunder shall be followed insofar as the same may 
be applicable: Provided, finally, That nothing in this Act shall be construed as to 
abrogate any treaty or agreement entered into between the Philippines and any foreign 
state before the effectivity of this Act. 
SEC. 205. 
Section 70 of Act No. 279, otherwise known as the Revised 
Administrative Code; Commonwealth Act No. 63, as amended, Commonwealth Act No. 
625; Republic Act Nos. 750, 965, and 2630; Presidential Decree No. 725; Letter of 
Instruction No. 270, as amended; Letter of Implementation No. 20; and all other laws, 
96 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
decrees, executive proclamations, instructions, rules and regulations, or parts thereof, 
inconsistent with this Act or any of the provisions thereof are hereby repealed, 
superseded, or modified accordingly. 
Chapter 15 -Separability Clause 
SEC. 206. 
Separability Clause. - If any of the provisions of this Act is held 
invalid or unconstitutional, the other provisions thereof shall not be affected thereby. 
Chapter 16 - Effectivity Clause 
SEC. 207. 
Effectivity Clause. - This Act shall take effect after its complete 
publication in at least two (2) newspapers of general circulation. 
Approved, 
97