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Republic of the Philippines
'® oareSEP_2 3 2096

HOUSE OF REPRESENTATIVES,
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

4731
HOUSE BILL NO.

Introduced by Representative FERDINAND L. HERNANDEZ

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

EXPLANATORY NOTE

Under the 1987 Constitution, the prime duty of the Government is to serve and protect
the people. The maintenance of peace and order, the protection of life, liberty, and property,
and the promotion of the general welfare are essential for the enjoyment by all the people of
the blessings of democracy. The Constitution also enjoins the State to promote the
preferential use of Filipino labor.

With the fast-paced development in information and communications technology, the
Philippine Immigration Act of 1940 needs to be amended, in order to become more
responsive to the needs of the times. Recent developments in the country further emphasize
the need for amending the bill. One need only look in the news to see the increase in crimes
committed by aliens, such as human trafficking, drug manufacturing and selling, and child
prostitution.

Meanwhile, the salary structure of the Bureau of Immigration needs to become more
competitive, as the myriad problems mentioned necessitate the recruitment and
maintenance of high quality immigration personnel, for the enforcement of our immigration
laws.

The proposed bill seeks to amend the Philippine Immigration Act of 1940, by
providing clearer boundaries between offices in order to lessen red tape, updating the data
gathering, compiling, and analysis system of the Bureau, sharpening the competencies of
immigration officials and professionalizing them, creating new classifications of undesirable
aliens to provide for new problems and situations, increasing the types of visas to make


immigration more flexible for purposes of increasing investments in the Philippines,
reorganizing the Bureau, and making the salary structure of the Bureau more competitive in
order to attract the best talents available.

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

L. HERNANDEZ


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 4791

Introduced by Representative FERDINAND L, HERNANDEZ

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

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

TITLEL
GENERAL PROVISIONS

SEC. 1. Short Title. — This Act shall be known as “The Bureau of Immigration
Modernization Act.”

SEC. 2. Declaration of Policy. — In the conduct of its relation with other States, the
Philippines shall give paramount consideration to national sovereignty, territorial integrity,
national security, national interest, the right to self-determination, the enhancement of
‘economic diplomacy, and the protection of overseas Filipinos in destination countries, as it
adheres to the policy of peace, cooperation and amity with all nations.

To this end, Philippine immigration policies, rules and regulations under this Act
shall be applied and administered as instruments for the promotion of domestic and
external interests of the Philippines, in recognition of:

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

(b) the need to support the country’s technological and scientific development;

(0) the promotion of conditions for social welfare and economic security of the
people;


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

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

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

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

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

(b) "Border Control Officer" refers to any person tasked to man the Border Control
Checkpoints authorized as provided under Section 54 of this Act;

(©) “Captain” refers to the master of a vessel or pilot of an aircraft;
(d) "Child" refers to a person below eighteen (18) years of age;

{e) “Citizen” refers to any person who is a citizen of the Philippines under Section 1,
Article IV of the Constitution of the Republic of the Philippin«

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

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

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

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

(2) “Hold Departure Order” refers to an order issued by the Commissioner
preventing a foreign national from leaving the territorial jurisdiction of the
Philippines in cases where bail or recognizance is granted pending implementation
of a Summary Deportation Order, or a directive implementing an order from the
Regional Trial Courts, the Sandiganbayan, or the appellate courts to prevent a person
from leaving the territorial jurisdiction of the Philippines; and


(3) “Watchlist Order” refers to an order issued by the Commissioner under this
‘Act that requires immigration personnel to monitor the travel of any person for a
period of sixty (60) days, extendible for another sixty (60) days and to notify the
concerned government agencies of the Philippines;

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

(i) Exclusion refers to the act of Immigration Personnel denying admission of a
foreign national into the country on grounds provided under Section 96, Chapter IV of this
Act;

(k) Foreign National refers to any person who is not a citizen of the Philippines;

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

(m)Immigration laws refers to this Act and any other law presently existing or which
may hereafter be enacted relating to the movement of natural persons to and from the
Philippines;

(n) Immigration Officer refers to any person appointed under Section 48 this Act or
any employee designated by the Commissioner to perform the powers, duties and functions
of an Immigration Personnel as specified under this Act;

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

(p) Non-refoulement refers to a principle of international law which prohibits the
forced retum of refugees to the state or territory where their lives or liberty would be
threatened;

(q) Passport refers to a document issued by the Philippine government to its citizens
pursuant to Republic Act No. 8239, otherwise known as “The Philippine Passport Act of 1996”,
as amended;

(r) Person refers to a natural or juridical person such as but not limited to
partnerships, corporations, companies, and associations;


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

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

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

(v) Stateless Person refers to a person who is not considered a national by any State
‘under the operation of its laws;

(w) Travel document refers to a certification or identifying document containing the
description and other personal circumstances of its bearer, issued for direct travel to and
from the Philippines valid for short periods or a particular trip. It is issued only to persons
whose claim to Philippine citizenship is doubtful or who fall under the category enumerated
in Section 13 of Republic Act No. 8239, otherwise known as “The Philippine Passport Act of
1996”;

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

{y) Visa refers to an endorsement on a passport or any travel document issued by a
Consular Officer abroad authorizing the holder thereof to proceed to a designated port of
entry in the Philippines and there to apply for entry and admission under the status
specified therein; or immigration status granted and/or issued to foreign nationals by the
Commissioner or the Board under this Act;

TITLE 1
THE BUREAU OF IMMIGRATION

CHAPTER 1
THE BUREAU

SEC. 4. Creation. —The Bureau of Immigration, hereinafter referred to as the Bureau,
shall be under the control and supervision of the Department of Justice (DOJ). The Bureau
shall be principally responsible for the administration and enforcement of this Act, and the
implementation of all laws, rules regulations or orders of any competent authority
concerning the entry and admission into, stay in and the departure from the Philippines of
all persons. Its personnel shall be considered as the gatekeepers and border control officers
of the country. The Bureau may seek assistance of other governments entities in the
enforcement of immigration laws, rules and regulations, border control and anti-trafficking.


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

CHAPTER 2
THE BOARD OF COMMISSIONERS

SEC. 6. Powers and Functions of the Board. - The Board shall have the following
powers and functions:

(a) Quasi-judicial

(1) Decide on applications or cases relative to:

i. Deportation;

ii, Revocation of immigration status;

iii, Reacquisition and retention of Philippine citizenship under Republic Act
No. 9225, otherwise known as the “Citizenship Retention and
Reacquisition Act of 2003”;

iv. Issuance and Revocation of all visas and permits;

v. Declaration of Indigence; and

vi. Legalization of residence in accordance with law.

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

(b) Rule-making:

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

2) Prepare and publish operations manual and rules of procedure, including
schedule of fees, for all transactions entered into by the Bureau with the
public; and

(3) Formulate policies, directives, programs and projects of the Bureau.

The Board shall also perform such other powers and functions as provided in this
Act and other existing laws, rules and regulations not inconsistent with any of the
provisions of this Act.

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

Decisions in deportation cases may be appealed to the Secretary of the DO} within
fifteen (15) days from receipt thereof by the concerned parties. The decision of the Secretary

7


of the DOJ shall be final and immediately executory unless stayed by an order of the Court
of Appeals.

SEC. 8. Period for Decision by the Board. - The Board of Commissioners shall
decide deportation cases within (30) days from the date they are submitted for resolution.

SEC. 9. Meetings of the Board. — In all cases, the Board of Commissioners shall
convene and act as a collegial body in all matters referred to in Section 6 of this Act. The
Board shall meet at least once a week or, if necessary, twice a week. Members of the Board
shall be notified accordingly and the presence of the Chairperson and one (1) member shall
constitute a quorum.

CHAPTER 3
THE COMMISSIONER AND THE DEPUTY COMMISSIONERS:

SEC. 10. Appointment of the Commissioner. — The Commissioner shall be
appointed by the President and shall have the same rank, salary, and privileges of an
Undersecretary of a Department.

SEC. 11. Powers and Functions of the Commissioner. - In addition to the duties as
Chairperson of the Board of Commissioners, the Commissioner shall exercise the following,
powers and functions:

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

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

(c) Issue, (1) letter orders after determination of the existence of probable cause for
the purpose of deportation; (2) commitment or release orders; (3) warrant of deportation; (4)
order to inspect the documents, premises and records of persons covered by this Act; and (5)
derogatory information orders defined in Section 3(h) of this Act;

(4) Delegate authority to subordinate immigration personnel and employees as may
be defined in the IRR;

(e) Act on applications for of visas with the concurrence of the Board;

(f) Act on application for study and work permits;

(g) Control the opening and closure of posts, landing places, airports or ports


Classified as points of entry or exit, whether limited or unlimited;
(h) Increase, reduce or waive immigration fees, fines, penalties and other charges:

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

() Deputize, subject to the concurrence of the Board, any official or employee of the
national government and local government units, including uniformed personnel of the
‘Armed Forces of the Philippines, the Philippine National Police and the Philippine Coast
Guard to assist immigration personnel in the performance of duties and functions;

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

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

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

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

(0) Provide an express lane system for the rendition of services performed for
individuals and entities upon payment of fees he/she may prescribe and to deposit in an
authorized government depository bank all such fees received under a trust fund subject to
auditing and accounting rules that may be made available for the payment of allowances to
the employees of the Bureau;

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

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

(x) Exercise disciplinary authority over personnel of the Bureau charged with less


grave and light administrative offenses, in accordance with the Revised Rules on
Administrative Cases in the Civil Service (RRACS): Provided, That the disciplinary
authority over those charged with grave administrative offenses under RRACS shall belong
to the Secretary of the DOJ;

(8) Prepare and submit a supplemental budget for the consideration of the
Department of Budget and Management (DBM);

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

(u) Require all airlines to submit advance passenger information in the form
prescribed by the Board and prescribe penalty for the violation hereof;

(v) Engage foreign counterparts pertaining to border control; and

(w) Perform such other functions inherent to the Bureau.

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

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

SEC. 14. Creation of Positions and Compensation for Co-Terminus Officials and
Employees. — The following co-terminus positions are hereby created for the Office of the
Commissioner and Deputy Commissioners, except for Executive Officer III/Board Secretary
which shall be assigned only to the Office of the Commissioner. The basic monthly
compensation of the following co-terminus officials and employees shall be as follows:

POSITION SALARY GRADE
Head Executive Assistant 7
‘Executive Assistant VI 25
Executive Assistant V 24
Executive Assistant IV 2
CHAPTER 4
‘THE INTERNAL AFFAIRS

SEC. 15. Qualifications of the Head, Internal Affairs Service (IAS). - An Internal
Affairs Service (IAS) of the Bureau is hereby created which shall be headed by a Director
who must be a natural-born citizen of the Philippines, at least thirty (35) years of age and a

10


member of the Philippine Bar in good standing at least five (5) years prior to the

appointment.

SEC. 16. Powers and Functions of the IAS:

a)
b)
2)
d)

Conduct inspections and audit on BI personnel and units;
Conduct summary hearings on personnel of BI facing administrative charges;
Investigate complaints and gather evidence in support to an investigation;

File appropriate criminal cases against BI personnel before the court as

evidence warrants and assist in the prosecution of the case; and

e)

provide assistance to the Office of the Ombudsman in cases involving the

personnel of the Bureau.

CHAPTER 5
THE BOARD SECRETARY

SEC. 17, Qualifications of the Board Secretary. ~ There shall be a Board Secretary of
the Board of Commissioners who must be a natural-born citizen of the Philippines, at least
thirty (30) years of age and a member of the Philippine Bar in good standing at least five (5)
years prior to the appointment.

SEC. 18. Powers and Duties. - The Board Secretary shall:

(a)
b)
©
(d)

©
(0)

()

Attend in and take minutes of all meetings of the Board;
Prepare the agenda for the deliberations of the Board on Visa application;
Prepare the agenda for the deliberations of the Board on deportation cases as
endorsed by a Member of the Board after initial review;

Implement the decision of the Board approving visa applications, including
revalidation;

Keep and manage all records of the deliberation of the Board;

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

All other functions as may be directed by the Board.

CHAPTER 6
THE BOARDS OF SPECIAL INQUIRY

SEC. 19. Constitution of the Boards of Special Inquiry. - There shall be constituted
as many Boards of Special Inquiry (BSI) as required in the exigency of service as determined
by the Board. Each Board shall be composed of a Chairperson and two (2) members. The

Overall Chairperson of the BSI shall s

as the Chairperson of the First Board of the BSI, The

BSI shall be designated according to their areas of specialization to be determined by the

Board.

u


SEC. 20. Appointment and Qualification of the Chairpersons and Members of the
BSI. ~ The Chairpersons and members of the BSI shall be appointed by the Commissioner,
all of whom shall be natural-born citizens of the Philippines and, at the time of their
appointment, at least thirty (30) years of age, members of the Philippine Bar in good
standing and engaged in the practice of law for at least three (3) years.

SEC. 21. Powers and Functions of the BSI. ~ The BSI shall:

fa) Recommend to the Board for final resolution cases and applications relative to:

pp

(1) Deportation;

(2) Revocation of immigration status;

3) Recognition of Philippine citizenship by reason of birth, or marriage;

‘ecogni ippi ip by 8
(4) Legalization of residence in accordance with law; and
(6) Issuance of visa for stateless person.

(b)_ Issue subpoena in cases being heard by the BSI;

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

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

(©) Administer oaths;

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

(g) Perform such other duties and functions as may be directed by the
Commissioner and the Board.

SEC. 22. Proceedings Before the BSI. - The proceedings before the BSI shall be public
and recorded. In all cases, the BSI shall meet and act as a collegial body. Only members of
the Philippine Bar in good standing shall appear for and in behalf of any party before the
BSI.

SEC. 23. Resolutions of the BSI. — Cases before the BSI shall be resolved within five (5)
working days from the date the cases are submitted for resolution. The resolution of the BSI
shall be submitted immediately to the Board for action.

SEC. 24. Creation of Positions; BSI. - The following positions with the corresponding
salary grades are hereby created under the BSI:

POSITION SALARY GRADE



Special Inquiry Officer II i 25
Special Inquiry Officer 1 I 24

CHAPTER 7
DIRECTORATES AND OTHER OPERATING OFFICES OF THE BUREAU

SEC. 25. Directorates and Other Operating Offices of the Bureau. — The Bureau
shall have the following directorates and other operating offices, namely:

A. Directorates:

(1) Administration;

(2) Alien Registration;
(3) Finance and Logistics;
(4) Human Resource Management and Development;
(©) Immigration Regulation;

(6) Information and Communications Technology;
(7) Intelligence;

(8) Law Enforcement;

(9) Legal Affairs; and

(10) Planning and Research.

B. Regional Offices that shall be created by the Board according to political or
administrative regions.

C. Districts:
(1) Major Airports; and
(2) Seaports

SEC. 26. Heads of the Directorates and Other Operating Units. — Each Directorate
shall be headed by a Director with a Salary Grade of 28: Provided, That the Director for
Legal Affairs shall be a member of the Philippine Bar in good standing and must have been
engaged in the practice of law for at least three (3) years, and that the Director for Finance
and Logistics shall be a Certified Public Accountant in good standing for at least three (3)
years. The Regional Offices shall be headed by a Regional Director with a Salary Grade of 27,
while the District Offices shall be headed by a District Supervisor with a Salary Grade of 26.

SEC. 27. Duties and Functions of the Directorates, Regional Offices, Districts, Field
Offices and Other Operating Offices. - The different directorates and other operating offices
of the Bureau shall have such number of officers and as may be defined by the Board to
ensure the effective performance of their respective mandates.

CHAPTER 8
ADMINISTRATION

B


SEC. 28. Chief Administrative Officer. - No person shall be appointed to the
position Chief, Administrative Officer unless such person meets the qualification standards
set by the Bureau. The Administrative Officer shall perform the following duties:

(a) Develop administrative support strategy for the Bureau;

(b) Implement administrative support strategy;

(c) Coordinate all administrative function; and

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

SEC. 29. Creation of Positions; Directorate for Administration. - The following
positions with the corresponding salary grades are hereby created under the Directorate for
Administration:

POSITION SALARY GRADE
| Chief Administrative Officer 28
Supervising Administrative Officer 26
Immigration Administrative Officer IV 24
Immigration Administrative Officer Il 15
Immigration Administrative Assistant IIL 13
Bo
12
Immigration Aide IV 2
| Immigration Aide II ee
Immigration Administrative Assistant I 10
Immigration Aide II 8

CHAPTER 9
ALIEN REGISTRATION

SEC. 30. Chief Alien Registration Officer. — No person shall be appointed to the
position of Chief Alien Registration Officer unless such person meets the qualification
standards set by the Bureau. The Chief Alien Registration Officer shall perform the
following duties:

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

(b) Establish policies for the effective monitoring of Aliens;

(c) Come up with measures for the proper accounting of Aliens; and

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


SEC. 31. Creation of Positions; Alien Registration Directorate. - The following
positions with the corresponding salary grades are hereby created under the Alien
Registration Directorate:

[oo POSITION SALARY GRADE
Chief Alien Registration Officer 28
Supervising Immigration Officer 26
Immigration Officer IV_ il
Immigration Officer IIL 21
Immigration Officer II 19

| Immigré a 17
Immigré spector 6
Immigration Assistant 15
Immigration Agent I 13 a

CHAPTER 10
FINANCE AND LOGISTICS
SEC. 32. Chief Finance and Logistics Officer. - No person shall be appointed
to the position of Chief, Finance and Logistics Officer unless such person meets the
qualification standards set by the Bureau. The Chief, Finance and Logistics Officers shall
perform the following duties:

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

(b) Direct and Manage all the procurement activities of the Bureau;

(©) Implement sound fiscal policy;

(d) Supervise the preparation of the Annual Procurement Plan;

(€) Initiate Projects in the furtherance of the improvement of the Bureau;

1s


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

SEC. 33. Creation of Positions; Directorate for Finance and Logistics. - The following
positions with the corresponding salary grades are hereby created under the Directorate for
Finance and Logistics:

POSITION SALARY GRADE

Chief Finance and Logistics Officer [
Supervising Administrative Officer 26
Immigration Administrative Officer IV 24

[Immigration Accountant] 2
Immigration Accountant I 19
Immigration Administrative Assistant IT 15
Immigration Aide IV 14
Immigration Administrative IIL 13
Immigration Administrative IL 12

| Immigration Administrative | 10 |

CHAPTER 11

HUMAN RESOURCE MANAGEMENT AND DEVELOPMENT

SEC. 34. Human Resource Management Officer. - No person shall be appointed to
the position of Human Resource Management Officer unless such person meets the
qualification standards set by the Bureau. The Human Resource Management Officers shall
perform the following duties:

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

(b) Design employee training modules;

16


(©) Develop comprehensive strategic recruiting and retention plans to meet
the human capital of strategic goals;

(d) Oversee the recruitment, selection and promotion of employees;

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

(f) Set qualification standards and implement competency-based hiring and
promotion policies;

(g) Set performance standards for the employees of the Commission in order
to meet the objectives, plans and programs of the Commission; and

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

SEC. 35. Creation of Positions; Directorate for Human Resources Management and
Development. - The following positions with the corresponding salary grades are hereby
created under the Directorate for Human Resources Management and Development:

POSITION SALARY GRADE
Chief Human Resource Management Officer 28
Supervising Human Resource Management Officer 25
‘Human Resource Management Officer III 23
Human Resource Management Officer Il 21
Human Resource Management Officer I 7
HR Management Assistant 15

CHAPTER 12
IMMIGRATION REGULATION

SEC. 36. Chief Immigration Officer, Immigration Regulation Directorate (IRD). —
No person shall be appointed to the position of Chief Immigration Officer, IRD unless such
person meets the qualification standards set by the Bureau. The Chief, Immigration Officer,

IRD shall perform the following duties:

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


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

(©) Oversee and supervise all Regional, District, Field Offices and Border
Crossing Stations;

(a) Maintain administrative control of Aliens admitted for limited periods;

(e) Represent the Bureau in the enforcement of the RP-Indonesian
Agreement and the RP-Malaysian Anti-Smuggling Agreement; and

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

SEC. 37. Creation of Positions; Immigration Regulation Directorate. - The following
positions with the corresponding salary grades are hereby created under the Immigration
Regulation Directorate:

POSITION SALARY GRADE
Chief Immigration Officer IRD 28
Supervising Immigration Officer 26

| Immigration Officer IV 24

Immigration Officer 21
Immigration Officer I rc)
Immigration Officer I 7
Immigration Inspector 15
Immigration Assistant 15
Immigration Agent I 7 Bo

CHAPTER 13
INFORMATION AND COMMUNICATIONS TECHNOLOGY

‘SEC. 38. Chief Information and Communications Technology Officer. - No person

shall be appointed to the position of Chief Information and Communications Technology


Officer unless such person meets the qualification standards set by the Bureau. The Chief
Information and Communications Technology Officer shall perform the following duties:

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

(b) Supervise the implementation of all the Information Technology
projects of the Bureau;

(0) Review, evaluate and recommend for approval of the Commissioner the
integration of all existing information and communications systems of
the Bureau;

(d) Initiate conduct of ICT research, development and standardization; and

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

SEC. 39. Creation of Positions Directorate for Information and Communications
Technology. - The following positions with the corresponding salary grades are hereby
created under the Directorate for Finance and Logistic

POSITION ‘SALARY GRADE
Chief Information and Communications Technology 28
Officer

Information and Communications Technology Officer Il 26
Information and Communications Technology Officer 1 24
Immigration Information System Analyst 2
Immigration Computer Programmer Il 19
Immigration Information Technologist II 19
Immigration Computer Programmer I 7
Immigration Information Technologist 1 7

CHAPTER 14
INTELLIGENCE

19


SEC, 40. Chief, Immigration Officer for Intelligence. - No person shall be
appointed to the position of Chief, Immigration Officer for Intelligence unless such person
meets the qualification standards set by the Bureau. The Chief, Immigration Officer for
Intelligence shall perform the following duties:

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

(b) Manages the conduct of intelligence and counter-intelligence activities
of the Bureau;

(©) Serves as the linkage with foreign counterparts and embassies with the

Bureau;
(d) Initiate development of intelligence training modules; and
(c) Perform such other tasks as may be directed by the Commissioner.

SEC. 41. Creation of Positions; Directorate for Intelligence. ~ The following positions
with the corresponding salary grades are hereby created under the Directorate for
Intelligence:

POSITION SALARY GRADE

Chief Immigration Officer for Intelligence 28
Supervising Immigration Officer
Immigration Officer IV
Immigration Officer IIT
Immigration Officer IL

| Immigration Officer
Immigration Inspector
Immigration Assistant
Immigration Agent I

CHAPTER 15

20


LAW ENFORCEMENT

SEC. 42. Chief Immigration Officer for Law Enforcement. — No person shall be
appointed to the position of Chief, Immigration Officer for Law Enforcement unless such
person meets the qualification standards set by the Bureau. The Chief, Immigration Officer
for Enforcement shall perform the following duties:

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

(b) Exercises command, control, direction, coordination and supervision of
all law enforcement activities such as deployment and employment of
personnel,;

(0) Initiate the development of law enforcement training modules;

(d) Establish an effective monitoring tool for fugitives and undesirable
foreigners; and

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

SEC. 43. Creation of Positions Directorate for Law Enforcement. ~ The following
positions with the corresponding salary grades are hereby created under the Directorate for
Law Enforcement:

POSITION SALARY GRADE
Chief immigration Officer for Law Enforcement 28
Supervising Immigration Officer 26
Immigration Officer IV 24
Immigration Officer IIL 21
Immigration Officer If 19
Immigration Officer 1 7
Immigration Inspector 15
Immigration Assistant 15
Immigration Agent I 13

CHAPTER 16

LEGAL AFFAIRS

21


SEC. 44. Chief Immigration Officer for Legal Affairs. - No person shall be

appointed to the position of Chief Immigration Officer for Legal Affairs unless such person

meets the qualification standards set by the Bureau. The Chief Immigration Officer for Legal

Affairs shall perform the following duties:

(a)
(b)

©
(a)
12}
1)

(8)

Serve as the legal counsel of the Bureau in coordination with the Office
of the Solicitor General;

Develop guidelines for the Summary Deportation of Foreign Nationals
who are overstaying, undocumented, convicted of crime involving
moral turpitude, convicted of a crime where the penalty of deportation
is imposed and fugitives;

Assign prosecutors for regular deportation;

Implementation of Deportation Orders;

Studies contracts affecting the Bureau and submits recommendation
relative thereto;

Render legal opinion on matters arising from the administration and
operation of the Bureau; and

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

SEC. 45. Creation of Positions; Directorate for Legal Affairs — The following positions
with the corresponding salary grades are hereby created under the Directorate for Human
Resources Management and Development:

_ POSITION SALARY GRADE
Chief Immigration Officer for Legal Affairs 28
Immigration Prosecutor IV a

| Immigration Prosecutor III 6
Immigration Prosecutor I 25
Immigration Prosecutor I 24

(CHAPTER 17
PLANNING AND RESEARCH

SEC. 46. Immigration Research Specialist.— No person shall be appointed to the
position of Immigration Research Specialist unless such person meets the qualification

2


standards set by the Bureau. The Immigration Research Specialists shall perform the
following duties:

(a) Formulate and implement the planning programs, projects and processes;
(b) Facilitate and organize a strategic planning;
(c) Conduct workload assessment and forecasting
(d) Provide assistance to the Board in the implementation and establishment of a
risk management process;

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

(f) Represent the Board in meetings relating to Planning and Research; and

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

SEC. 47. Creation of Positions; Directorate for Planning and Research. - The
following positions with corresponding salary grades are hereby created:

_ POSITION SALARY GRADE
Chief Immigration Research Specialist 28
Supervising Immigration Research Specialist 25
Immigration Research Officer II] 23
Immigration Research Officer II 2
Immigration Research Officer I 7
Immigration Research Assistant 5

CHAPTER 18
IMMIGRATION OFFICERS

SEC. 48. Immigration Officers, Immigration Inspectors and Immigration Agents. ~
The Bureau shall employ an elite group of Immigration Officers who shall be assisted by
Immigration Inspectors and Immigration Agents in the performance of their duties and
functions. No person shall be appointed to the position of Immigration Officer, Immigration
Inspector or Immigration Agent unless such person meets the qualification standards set by
the Bureau, which shall include the following determinative factors in setting said
qualification standards for each position:

a) Educational Attainment
b) Civil Service Eligibility
©) Relevant Experience
d) Training

(1) Basic

(2) Advanced

(3) Executive

2B


e) Agility

SEC. 49. Powers and Functions of Immigration Officers. - The Immigration Officers
shall have the following powers and functions:

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

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

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

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

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

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

(g) Detect and report subversive activities of aliens in the interest of national
security;

(h) Investigate any case at the instance of the Commissioner and submit the required
reports;

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

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

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

units;

4


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

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

(n) Conduct counter intelligence operations;

(0) Enforce the immigration laws relating to the exclusion, deportation and
repatriation of aliens;

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

(q) Attend to the deportation of aliens;

(®) Monitor all arriving and departing suspected terrorists, drug couriers and
mombers of crime syndicates;

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

(t) Assist in the queuing of passengers at the arrival and departure areas;

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

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

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

Qualified Immigration Officers, Immigration Inspectors and Immigration Agents
with the requisite training and experience may be assigned to the Intelligence or Law
Enforcement Directorates depending on the exigencies of the Bureau. The Board may, in the
exigencies of service, designate certain duties and responsibilities listed in this section to
other officers and employees in the Intelligence or Law Enforcement Directorates in an
acting capacity: Provided, That such designation shall not exceed a period of one (1) year.

SEC. 50. Deployment of Immigration Personnel Abroad. Within ninety (90) days
from the effectivity of this Act, the Department of Foreign Affairs and the Bureau shall
promulgate the implementing rules and regulations on the assignment and deployment of

immigration officers to select consular posts abroad who shall, subject to the pertinent

25


provisions of Republic Act No. 7157 or the “Philippine Foreign Service Act of 1991”, perform

immigration duties, except diplomatic and consular functions.

CHAPTER 19
(CAREER DEVELOPMENT PATTERN

SEC. 51. Career Development. The Bureau shall:

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

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

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

CHAPTER 20
OTHER OFFICES

‘SEC. 52. Field Offices of the Bureau. — The Bureau shall operate and maintain a field
office in each of the administrative or political regions including the National Capital

Region.

SEC. 53. Changes in the Composition, Distribution of Assignment of Field Offices. ~
The Commissioner may make changes in the composition, distribution and assignment of
field offices, as well as its personnel, based on the demographics of the foreign nationals and
as the exigency of the service requires.

SEC. 54. Border Control Checkpoints. — In addition to International Airports and
Seaports there shall be established Border Control Checkpoints which shall be manned by
Immigration Officers appointed as Border Control Officers by the Commissioner. The
Border Control Checkpoints shall be placed in specific areas in the Philippines which shall
be determined by the Board. The Border Control Officer shall perform the following
functions:

a) Conduct immigration formalities to foreigners passing thru his area of
responsibility;

b) _Enforce immigration laws, rules and regulations;

©) Coordinate with other law enforcement agencies in the enforcement of

immigration laws, rules, and regulations;
4) Apprehend and take into custody illegal entrants; and

6


) Perform such other function as directed by the Commissioner.

TITLE I
IMMIGRATION

CHAPTER 1
NON-IMMIGRANTS

SEC. 55. Categories of Non-immigrants and Types of Visa Issued. - Foreign nationals
departing from any place outside the Philippines who are otherwise admissible and who
qualify under any one of the following categories may be admitted as non-immigrants:

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

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

(2) Pleasure (A-2 Visa): Temporary visitors who stay in the Phil
holiday, including sightseeing, recreation or visiting relatives; and

(3) Health (A-3 Visa): Temporary visitors who stay in the Philippines to avail of
medical treatment.

pines for

(b) Transit Persons (B Visa): Persons passing through the Philippines solely for a
“stop over” who have a confirmed connecting flight to another country or passengers in
immediate and continuous transit to a destination outside the Philippines;

(©) Crew members (C Visa): Members of the crew of vessels required for the normal
operation and servicing of the vessels who come to the Philippines temporarily as part of
their jobs either arriving with or coming to join the vessels;

(d) Treaty Traders (D-1 Visa) and Treaty Investors (D-2 Visa): Citizens from a
country that has a trade treaty with the Philippines, including their family members, and
who come to work in the Philippines for either a company they own or one that is at least
fifty percent (50%) owned by nationals of their home country and which company is
engaged in substantial trade between the Philippines and their home country shall be
granted a D-1 visa.

Citizens from a country that has an investor treaty with the Philippines, including
their family members, and who come to work in the Philippines for a business they own or
one that is at least fifty percent (50%) owned by nationals of their home country and which
business is supported by a substantial investment from nationals of their home country shall
be granted a D-2 visa;

27


(e) Accredited Foreign Government Officials, Their Families and Household
Member (E Visas): Foreign government officials, their families and household members
coming to the country for official purpose, pursuant to international conventions and
bilateral agreements, shall be granted E Visas divided into four (4) types, namely:

(1) Persons eligible for E-1 Visa: The E-1 Visa shall be issued to the following
classes of foreign nationals:
i. Heads of State and/or Heads of Government and their personal
representatives;
ii, Members of reigning royal families from countries recognized by the
Philippine Government;
ili, Governors-General, Governors, and High Commissioners of
dependent territories and their personal representatives;
iv. Cabinet ministers and their deputies, and officials with cabinet rank of
ministers;
v. Presiding officers of national legislative bodies;
vi. Justices or judges of the highest national judicial bodies;
vii. Diplomats and career consular officials on foreign assignment in the
Philippines;
viii. Military, naval, air and other attaches assigned to a diplomatic
mission; and
ix. Accompanying spouses and unmarried dependents of foreigners
within the abovementioned categories;

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

This category includes, inter alia, the following classes of foreign nationals:
i. Administrative and technical members of the staff of a diplomatic or
consular mission;
Officials participating in programs under the auspices of the
Philippine Government or recognized international institutions; and
ili, Accompanying spouses and unmarried dependents of foreigners
within the abovementioned categories;

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

This category includes, inter alia, the following classes of foreign nationals:

28


Diplomatic couriers regularly and professionally employed as such;

All members of official special missions of a diplomatic character;

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

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

missions;

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

All visas under enumerated in Section 55(e) of this Act shall be exclusively issued
and renewed by the DFA, which shall also determine the type of E-Visa of Foreign
Government Officials not identified in the foregoing lists. The grant of immunities
and privileges shall be subject to applicable domestic and international law and
international agreements to which the Philippines is a party, as well as in
consideration of the principle of reciprocity.

(f) Students (F Visa): Foreign students having means sufficient for their support and
education in the Philippines who seek to enter the Philippines temporarily for the sole
purpose of taking up a course of study higher than high school at a university, seminary,
academy or college accredited to admit such foreign students by the Commission on Higher
Education in coordination with the Bureau;

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

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

(i) Representatives of Accredited International Organizations and Government
Agencies (I Visa): Foreign officials and staff of accredited international organizations,
including their dependent family members, staff, and household members shall be granted I
Visas divided into four (4) types, namely:

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


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

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

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

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

All types of visas under Section 55(i) of this Act shall be exclusively issued and
renewed by the DFA, which shall also determine the type of 1 Visa of officials and staff of
International Organizations who are not identified in the foregoing list. The grant of
immunities and privileges shall be subject to applicable domestic and international law,
relevant Headquarters Agreements, and international agreements to which the Philippines
isa party.

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

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

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

(m) Bridging Visa (M Visa): A temporary visa which allows a foreign national to
stay in the Philippines after the expiration of the current visa, other than temporary visitor

30


visa under Section 55(a), and while an application for adjustment of status is being
processed.

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

All visas issued other than by the Bureau as provided by the respective governing
laws shall be subject to the reportorial requirements as prescribed by the Board. The Board
shall likewise prescribe penalty for violation hereof.

CHAPTER 2
IMMIGRANTS

SEC. 56. Quota Immigrants. — Subject to the conditions set forth in this Act, there
may be admitted into the Philippines, immigrants, otherwise known as “quota immigrants”,
not to exceed two hundred (200) of any one nationality for any one calendar year and upon
allotment by the Commissioner of the corresponding quota number. In the allotment of
quota numbers, the following order of preference shall be observed:

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

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

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

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

SEC. 57. Allotment of Quota. — The Commissioner shall, with respect to the first
preference, allot not more than fifty percent (50%) of the annual quota allotment up to the
end of June each year: Provided, That if the fifty percent (50%) is not utilized by the first
preference, the balance thereof shall be given to the second, third, and fourth preferences in
accordance with Section 56 of this Act shall be that of the country of which the immigrant is
a national or a citizen. Any unused quota allotment for a calendar year shall not be carried
over and utilized for the ensuing calendar year.

31


SEC. 58. Basis in Determination of Quota Allotment. — The nationality of
immigrants whose admission is subject to the numerical limitation imposed by Section 56 of
this Act shall be that of the country of which the immigrant is a national or a citizen. The
nationality of immigrants possessing dual nationality may be that of either of the two
countries regarding them as a national or citizen if they apply for a visa in a third country. If
such immigrants apply for a visa within one of the two countries regarding them as a
national or citizen, their nationality shall be that of the country in which they filed their
application for a visa to enter the Philippines.

SEC. 59. Non-Quota Immigrants. — The following immigrants, known as “non-quota
immigrants”, may be admitted without regard to numerical limitation and immigration
reciprocity:

(a) The spouse of a Philippine citizen: Provided, That abandonment by the foreign
spouse, the failure to give support by the foreign spouse to the Filipino spouse and family,
and the legal separation or termination of the marital status by annulment, declaration of
nullity of marriage or divorce where the cause is attributable to the foreign spouse, shall
constitute grounds for cancellation of the immigrant visa issued to the foreign spouse;

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

(©) A child born to a foreigner mother during her temporary visit abroad, the mother
being a lawful permanent resident of the Philippines, if accompanied by or coming to join
the mother who applies for admission within five (5) years from the birth of the child;

(d) A child born subsequent to the issuance of an immigrant visa to the
accompanying parent, the visa not having expired or revoked;

(e) A foreign national who had been previously lawfully admitted into the
Philippines for permanent residence who is returning from a temporary visit abroad to an
unrelinquished residence in the Philippines;

(A natural-born citizen who becomes a naturalized citizen of a foreign country
and is returning to the Philippines for permanent residence therein, including the spouse
and minor children accompanying or following to join such person; and

(g) Spouse, parent, children, legitimate siblings of a foreign national who is gainfully
employed and holder of a permanent resident status for a period of seven (7) years.
CHAPTER 3
NATIVE-BORN FOREIGN NATIONAL
SEC. 60. Status of Children Born to Immigrants. — A child born in the Philippines to

parents who are foreign nationals and lawful residents of the Philippines shall be deemed a
native-born permanent resident.

2


SEC. 61. Status of Children Born to Non-immigrants. ~ A child born to parents who
are both non-immigrants shall be deemed a native-born non-immigrant or temporary
resident and may remain in the Philippines only during the period of authorized stay of
parents, unless the child reaches the age of eighteen (18) years while continuously residing
in the Philippines, in which case such child may apply for naturalization under existing laws
or for an appropriate visa.

CHAPTER 4
ADJUSTMENT OF STATUS

SEC. 62. Conditions for Adjustment of Status of Foreign Nationals. — The status of
a foreign national admitted into the Philippines as non-immigrant may be adjusted by the
Board to that of a foreigner lawfully admitted as a permanent resident if:

(a) the foreigner makes an application for such adjustment;

(b) the foreigner is eligible to receive a quota or non-quota immigrant visa and is
admissible to the Philippines as a permanent resident; and

(0) a quota immigrant visa, if such is the case, is immediately available to the foreign
national at the time of application, without the need of first departing from the Philippines.

In all such cases, the personal appearance of the foreigner shall be required during
the consideration of the application.

SEC. 63. Effect of Approval on Application for Adjustment. — Upon the approval of
an application for adjustment of status under the preceding section, the Commissioner shall
record the foreign nationals lawful admission as a permanent resident as of the date of the
approval of the application and shall be included as part of the quota for the calendar year in
accordance with Section 56 of this Act.

SEC. 64. Adjustment of Status, When Not Allowed. — Adjustment of status under
this Act shall not be applicable to:

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

(b) transients.
SEC. 65. Loss of Status. — A registered foreign national, except a temporary visitor,

who fails to return to the Philippines within a period of one (1) year from departure shall
lose the status granted under Title III of this Act. Such foreign national may apply for an

33


extension of the period within which to return prior to its expiration and pay the prescribed
fees and charges in order to maintain the status or type of visa granted.

CHAPTER 5
DOCUMENTATION AND ADMISSION OF NON-IMMIGRANTS

SEC. 66. Documentary Requirements of Non-immigrants. — Non-immigrants must
present for admission into the Philippines valid passports issued by the governments of the
countries to which they owe allegiance or other travel documents showing their nationality
and identity as prescribed by regulations, a valid visa granted by the Consular Officer, if
required, and such other relevant documents as may be required under existing laws, rules,
regulations, or multilateral or bilateral agreements.

SEC. 67. Conditions and Period of Authorized Stay of Temporary Visitors. — The
initial period of authorized stay of a foreign national admitted as a temporary visitor under
Section 55(a) of this Act shall not exceed fifty-nine (59) calendar days from the date of
arrival, subject to bilateral, regional and multilateral visa agreements entered into by the
Philippines: Provided, That the conditions for extensions and total period of authorized stay
shall be prescribed by the Commissioner: Provided, further, That during the foreign
national’s authorized stay, such foreign national: (a) shall not take any employment,
whether paid or unpaid; (b) shall not establish or join in any business; and (c) shall not enroll
or become a student at a school, college, university, academy, or other educational
institution, unless granted, upon proper application, a conversion to another immigration
status provided under this Act.

SEC. 68. Conditions for Issuance of Pre-Arranged Employment Visas. — A foreign
national who is coming to the Philippines for prearranged employment shall not be issued a
non-immigrant visa referred to in Section 55(g) until the Consular Officer shall have
received authorization for the issuance of the same. Such authorization shall be given only
upon the filing of a petition with the Board establishing, among others, that no person can
be found in the Philippines willing and competent to perform the work or service for which
the foreigner is desired and that the admission would be beneficial to the public interest. The
petition shall be under oath by the prospective employer or the latter’s representative in the
form and manner prescribed by the Board.

If the Board finds that the petition complies with the requirements of the preceding
paragraph and of other regulations, it shall grant the petition and shall promptly transmit
the authorization to the DFA.

SEC. 69. Submission of Crew List and Passenger Manifest. - Simultaneous to the
vessel's departure from the port of origin, the master, captain, agent, owner or consignee of
any commercial vessel arriving to the Philippines shall submit to the Bureau, within a
reasonable time prior to such arrival, the crew lists, passenger manifests and such other
information concerning the persons arriving on such a vessel. In the same manner and
condition, the master, captain, agent, owner or consignee of any commercial vessel
departing from any port in the Philippines shall submit to the Bureau, within a reasonable

34


time prior to such departure, the crew list, passenger manifest and such other information
concerning the persons departing on such vessel. The crew list of an incoming sea craft shall
contain the appropriate visa granted by the Consular Officer.

SEC. 70. Inspection of Crewmembers. - It shall be the duty of the master, captain,
agent, owner or consignee of any vessel arriving in the Philippines to have available on
board, for inspection by the Immigration Personnel, any foreign crewmember employed on
such vessel and, when required by the immigration authorities, to detain such crewmember
on board after inspection or to remove such crewmember. No crewmember on board such
vessel shall be discharged while the vessel is in port without the permission of the
‘Commissioner.

SEC. 71. Permission for Temporary Landing of a Foreign Crewmember. — A foreign
‘crewmember on a vessel arriving in the Philippines may be permitted to land temporarily
under such conditions as may be prescribed by the Commissioner. All expenses incurred by
the Office while the crewmember is on land shall be borne by the master, captain, agent,
‘owner or consignee of the carrying vessel.

CHAPTER 6
DOCUMENTATION AND ADMISSION OF IMMIGRANTS

SEC. 72. Documentary Requirements of Immigrants; Instances When Not Required.
— Immigrants must present for admission into the Philippines valid passports or travel
documents issued by the government of the country to which they owe allegiance, showing
their nationality and identity and valid immigrant visas indicating the date of issue and the
period of validity thereof. Immigrant visas shall not be required of the following:

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

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

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

CHAPTER 7
VISA ISSUANCE

SEC. 73. Nature of Visa. — Nothing in this Act shall be construed to automatically
entitle any foreign national to whom a visa or other travel document has been issued to
enter the Philippines if, upon arrival at a port of entry, he/she is found to be inadmissible
under this Act or any other law.

35


SEC. 74. Visa Policy. - The policies governing the issuance, extension, renewal and
conversion of visas referred to in this Act shall be formulated by the Bureau and the DEA,
when appropriate, in consultation with concerned government agencies and offices.

SEC. 75. Visa Issuance Abroad. - All visas issued abroad shall be done by Consular
Officers assigned at Philippine Foreign Service posts in the following manner:

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

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

The issuance of special non-immigrant visas falling under the jurisdiction of a
particular government office or agency can only be done in coordination with and upon
recommendation of the government agency or office concerned.

SEC. 76. Requirements for Physical and Mental Examination Prior to Issuance of
Immigrant Visa. - Prior to the issuance of an immigrant visa to any foreign national, the
Consular Officer shall require such person to submit to a physical and mental examination
in accordance with such regulations as may be prescribed by the Commissioner.

SEC. 77. Visa Validity Period. — A single-entry non-immigrant or immigrant visa
issued by a Consular Officer abroad pursuant to Section 75 of this Act shall be valid for a
period not exceeding three (3) months: Provided, That in prescribing the validity period of a
single-entry non-immigrant visa, the Consular Officer may allow a longer validity period
based on reciprocity as accorded by the foreign country to citizens of the Philippines who
are within a similar class.

‘An immigrant visa may be replaced under the original number during the calendar
year in which the original visa was issued to a foreign national who establishes to the
satisfaction of the Consular Officer that the original immigrant visa was not used during the
period of its validity for reasons beyond the visa holder’s control: Provided, That the foreign
national is found by the Consular Officer to be eligible for another immigrant visa and has
paid all the fees.

SEC. 78. Denial of Visa; Grounds. — The Consular Officer may deny the application
for visa (a) if it appears from the statements in the application or in the documents
submitted the applicant is not eligible for a visa under this Act; or (b) if the applicant fails to
comply with the requirements of the provisions of this Act.


SEC. 79, Revocation of Visa Issued by Consular Officer. — The Commissioner may,
for valid cause and upon confirmation by the DFA, revoke a visa issued by any Consular
Officer. If the notice of revocation is not received and the visa holder applies for admission
into the Philippines, the admission or entry of the foreign national shall be determined by
the Immigration Personnel upon arrival at the port of entry.

CHAPTER 8
RE-ENTRY AND EMIGRATION CLEARANCE

SEC. 80. Re-entry. — In all instances when a registered foreign national, except a
temporary visitor, departs or is about to depart temporarily from the Philippines with the
intention to return within one (1) year from departure, the foreign national must secure a
re-entry permit or, if the authorized stay is less than one (1) year, a Special Return
Certificate, and pay the corresponding fees and charges therefor.

SEC. 81. Emigration Clearance. — A registered foreign national who departs
permanently from the Philippines shall surrender all Philippine immigration documents
and apply for and be issued an Emigration Clearance Certificate, subject to the following
conditio

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

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

(©) There is no ongoing legislative inquiry where the immigrant is called upon to
testify as a witness.

A temporary visitor departing from the Philippines shall, after the expiration of the
initial authorized stay, apply for emigration clearance and pay the prescribed fees and
charges therefor.

CHAPTER 9
PRESIDENTIAL PREROGATIVES

SEC. 82. Presidential Prerogatives. — Any provision of this Act to the contrary
notwithstanding, the President may:

(a) Deny the entry and admission into the Philippines, or impose such restrictions as

may be deemed appropriate, any foreign national or a class of foreign nationals, whenever

the President finds that such entry would be detrimental to the interest of the Philippines;
(b) Waive passport or documentary requirements for non-immigrants and

immigrants under such terms and conditions as may be prescribed;

37


(©) Change the status of non-immigrants by allowing them to acquire permanent
residence status without necessity of a visa;

(d) Deport any foreign national, subject to the requirement of due process;

(e) Admit non-immigrants not otherwise provided for in this Act for humanitarian
considerations and when not detrimental to public interest, under such terms and conditions
as may be prescribed;

( Prohibit the departure from the Philippines of any person who is likely to
disclose information affecting national security, or who is likely to organize a rebellion
abroad against the Philippines, or whose presence in the country is necessary to face, or be a
witness in, criminal proceedings; and

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

TITLE IV
PROVISIONS RELATING TO ENTRY

CHAPTER 1
CLASSIFICATION OF PORTS OF ENTRY

SEC. 83. Authority to Classify Ports. - The Commissioner shall classify and
designate, from among the ports of entry established by law for immigration purposes,
limited or unlimited ports of entry through which foreign nationals may be admitted into
the Philippines. Only such classes of foreign nationals as provided under the rules and
regulations prescribed by the Commissioner may be admitted at limited ports of entry. The
Commissioner may, after due notice to the public, close designated ports of entry in the
interest of national security or public safety.

CHAPTER 2
PROCEDURES ON ARRIVAL

SEC. 84. Inspection by Immigration Personnel. — A foreign national seeking
admission or readmission shall present a valid passport and visa, if required, to the
immigration Personnel at the port of entry and shall be subject to primary inspection. The
decision of the examining Immigration Officer, if favorable to the admission of any
foreigner, may be challenged by another Immigration Officer on any ground provided in
this Act. The final determination on the admissibility of such foreign national shall be
determined by the Commissioner within forty-eight (48) hours in case no resolution is
reached between the Immigration Officer on the challenged admission. In case of admission,
the Immigration Officer shall indicate in the passport the date, the port of entry and the
identity of the vessel boarded.

SEC. 85. Detention or Quarantine for Examination. — For the purpose of
determining whether a foreign national arriving at any port in the Philippines belongs to

38


any of the classes excludable under this Act by reason of being afflicted with any of the
contagious or communicable disease or mental disorder as set forth under Section 96(a) of
this Act or whenever the Commissioner has received information showing that foreigners
are coming from a country or a place where any of such diseases are prevalent or
widespread, the foreigner shall be detained or quarantined for a reasonable period of time to
enable the immigration and medical officers to subject such person to observation and
examination.

SEC. 86. Medical Examination Requirement. ~ Any arriving foreign national whom
the examining Immigration Officer believes to belong under the class of excludable foreign
nationals specified in Section 96(a) of this Act shall be referred to designated medical officers
for physical and mental examination. Such medical officer shall certify the findings of the
examination for the information of the Immigration Officer.

SEC. 87. Arrival Notice Requirements of Vessel. - The immigration authorities shall
be given prior notice of the arrival of any civilian vessel before such vessel comes into any
area in the Philippines from any place outside thereof. Such prior notice shall not be
required in the case of vessels with scheduled arrivals filed with the Immigration Officer in
charge at the international port of entry.

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

SEC. 88. Contents of Notice of Arrival. — The advance notice of arrival required in
the preceding section shall specify the followin,

(a) Type of vessel and registration marks;
(b) Duly visaed crewlist;

(0) Passenger manifest;

(d) Port of last departure;

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

(f) Estimated time of arrival; and

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

CHAPTER 3
FOREIGN CREWMEMBER,

39


SEC. 89. Conditional Permit to Disembark. — A foreign crewmember of a vessel
under Section 55(c) of this Act may be granted a conditional permit, in a form prescribed by
regulations, to disembark temporarily from the vessel on which such crewmember arrived
while the vessel remains in port under such terms and conditions as may be prescribed by
the Commissioner.

SEC. 90. Confiscation and Cancellation of Permit; Deportation from the Philippines.
— Upon the determination that the foreign national is not a bona fide crewmember or does
not intend to depart on the vessel that brought him, the Commissioner shall cancel and
confiscate the conditional permit already issued, take such foreign national into custody,
and require the owner, operator, captain, master, pilot, agent or consignee of the vessel on
which the foreigner arrived to receive and detain the foreigner on board. The expenses for
removal of the foreign national, including the cost of detention and other expenses
incidental thereto, shall be borne by the owner, operator, captain, master, pilot, agent or
consignee of such vessel.

SEC. 91. Liability for Overstaying Foreign Crewmen. — A foreign crewmember who
remains in the Philippines in excess of the period allowed in the conditional permit issued
shall be solidarily liable with the owner, operator, captain, master, pilot, agent or consignee
of the vessel to pay the penalties prescribed in Section 139 of this Act.

SEC. 92. Liability for Unauthorized Discharge of Foreign Crewmember. — It shall be
unlawful for any person, including the owner, operator, captain, master, pilot, agent or
consignee of any vessel to discharge any foreign crewmember employed by a vessel arriving
in the Philippines and while in port, without first obtaining the prior permission of the
Commissioner. Otherwise, such person or owner, operator, captain, master, pilot, agent or
consignee of the vessel shall pay such fines as may be prescribed under this Act. No vessel
shall be granted clearance from any port in the Philippines while such fines remain unpaid
or while the validity thereof is being determined: Provided, That a clearance may be granted
prior to such determination upon deposit of a sum or cash bond sufficient to cover such
fines as approved by the Commissioner.

SEC. 93. Duty to Report Desertion or Illegal Landing of Foreign Crewmember. —The
owner, operator, captain, master, pilot, agent or consignee of any vessel shall immediately
report, in writing, to the Immigration Officer all cases of desertion or illegal disembarkation
in the Philippines from the vessel, together with a description of such foreign nationals and
any information that shall result in their apprehension.

SEC. 94. Requirement for Submission of List of Newly Employed, Discharged and
Mlegally Landed Foreign Crewmember. — Prior to the departure of any vessel from the last
port in the Philippines destined to any place outside thereof, the owner, operator, captain,
master, pilot, agent or consignee thereof shall deliver to the Immigration Officer at that port
a list containing:

(a) The names of crewmembers who were not employed thereon at the time of the
vessel's arrival on such port but will depart thereat on the same vessel;

40


(b) The names of those who have been discharged, if any;
(©) The names of those who have deserted or illegally landed at that port, if any; and
(d) Such other additional information as the Commissioner deems necessary.

SEC. 95. Liability for Failure to Submit Complete, True and Correct Report. — The
‘owner, operator, captain, master, pilot, agent, or consignee who fails to submit a true and
complete list or report of foreign nationals or to report cases of desertion or illegal landing
shall pay such sum as may be prescribed under this Section 135 of this Act. No vessel shall
be granted clearance from any port in the Philippines while such fines remain unpaid or
while the validity thereof is being determined: Provided, that clearance may be granted prior
to such determination upon deposit of a sum or cash bond sufficient to cover such fines as
approved by the Commissioner.

CHAPTER 4
EXCLUSIONS

SEC. 96. Exclusion Grounds. - The following classes of foreign national shall not be
allowed entry and shall be excluded from the Philippines:

(2) Health Related Grounds

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

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

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

(b) Economic Grounds
1. Those likely to become a public charge;
2. Those seeking entry for the purpose of performing skilled or unskilled
labor, without a permit from the Secretary of the Department of Labor
and Employment as required by law;

(Moral Grounds

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

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

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

a


(d)

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

Criminal and Security Grounds

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

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

3. Those that the Philippine Government knows or has reason to believe is a
trafficker of any controlled, regulated or prohibited substance or knows or
has reason to believe is or has been an accomplice, accessory, abettor, or
co-conspirator in the illicit trafficking of any controlled, regulated or
prohibited substance;

4, Those who are fugitives from justice;

5. Those who seek to enter the Philippines to engage in:

a. Espionage or sabotage, or a violation or evasion of any laws
prohibiting export of goods, technology or sensitive information;

b. Any activity aimed to promote membership in an organization of
syndicated criminal activities;

©. Any activity, the purpose of which is to overthrow the Philippine
government by force, violence or other unlawful means; and

d. Any other unlawful activity.

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

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

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

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

SEC. 97. Temporary Custody of Excludable Foreign Nationals. — For the purpose of

ascertaining whether a foreign national arriving in the Philippines belongs to any of the
excludable classes of foreign national provided for in this Act or related laws, the
Immigration Officer, for a period not exceeding seventy-two (72) hours, may temporarily
take into custody for investigation such foreign national either on board the vessel or at a

2


place designated for the purpose at the expense of the master, captain, agent, owner or
consignee of the carrying vessel.

SEC. 98. Finality of Exclusion Order. — An order by the Immigration Personnel to
exclude a foreign national who is excludable under this Act is final and executory unless
revoked by the Commissioner upon a timely appeal prior to the implementation of the
exclusion order.

SEC. 99. Authority to Waive Grounds for Exclusion. — Except for grounds of
exclusion under Section 97(d), subparagraphs 1 to 7 and 9, the Commissioner may waive
any of the grounds for exclusion mentioned in Section 97 of this Act.

SEC. 100. Procedure of Removal and Cost Thereof. - Foreign nationals arriving in the
Philippines who are ordered excluded shall be immediately removed in the same
accommodation to the country where they boarded the vessel on which they arrived, unless
the Commissioner determines that immediate removal is not proper and practicable, in
which case such excluded foreign nationals shall be ordered detained. The cost of detention
and other expenses incidental thereto shall be borne by the owner, operator, master, pilot,
captain, agent or consignee of the vessel on which such foreigners arrived.

SEC. 101. Country Where Removal is to be Directed. — If the government of the
country designated in the preceding section will not accept the foreign national into its
territory, the removal of the foreign national shall be directed, at the Commissioner's
discretion to any of the following:

(a) The country which the excluded foreigner is a citizen or national;

(6) The country of birth;

(©) The country of the foreign national’s habitual residence; or

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

SEC. 102. Obligation of Owner, Operator, Master, Captain, Pilot, Agent or
Consignee. — It shall be unlawful for an owner, operator, master, captain, pilot, agent, or
consignee of a vessel to refuse or fail to:

(a) Board a foreign national ordered excluded and removed in the same vessel or
another vessel owned or operated by the same company;

(6) Detain a foreign national on board any such vessel at the port of arrival when
required by this Act or when so ordered by an Immigration Officer;

(©) Deliver a foreign national for medical or other examinations when so ordered
by an Immigration Officer;

B


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

(e) Pay the cost of detention and other expenses incidental thereto incurred while
the excluded foreign national is being detained as required by Section 98 of this Act or other
costs necessary or incidental to his removal as provided in this Act.

SEC. 103. Penalty for Non-compliance of Obligation. — The owner, operator,
master, captain, pilot, agent, or consignee of a vessel who violates Section 102 of this Act
shall pay the fines prescribed in Section 135 of this Act. No vessel shall be granted clearance
from any port in the Philippines while such fines remain unpaid or while the validity
thereof is being determined: Provided, That clearance may be granted prior to such
determination upon deposit of a sum or cash bond sufficient to cover such fines as
approved by the Commissioner.

TITLE V
DEPORTATION

CHAPTER 1
DEPORTABLE FOREIGN NATIONALS

SEC. 104. Classes of Deportable Foreign Nationals. — The following foreign
nationals shall be taken into custody upon the order of the Commissioner and deported
upon recommendation by the BSI and approval by the Board:

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

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

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

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

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

(f) Those who believe in, advise, advocate or teach the overthrowing by force and
violence the Government of the Republic of the Philippines or any duly constituted
authority, or those who do not believe in or are opposed to organized governments, or those
who advise, advocate or teach the assault or assassination of public officials, or those who
advise, advocate or teach the unlawful destruction of property, or those who are members of

“4


or affiliated with any organization entertaining, advocating or teaching such doctrines, or
those who in any manner whatsoever extend assistance, financial or otherwise, in the
dissemination of such doctrines;

(g) Those who, at any time after entry, engage in, abet, aid or finance any terrorist
activity;

(h) Those who, at any time after entry, are charged of a crime involving acts or
omissions punishable under Philippine penal laws cognizable by the Regional Trial Courts
and the Sandiganbayan;

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

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

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

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

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

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

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

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

SEC. 105. Non-Prescription of Deportation Cases. - The right of the State to initiate
at any time deportation proceedings shall not prescribe.

SEC. 106. Nature of Deportation Proceedings. - Deportation proceedings shall be

45


independent of any action that may be instituted against a foreign national: Provided, That
no deportation orders shall be issued against foreign nationals facing preliminary
investigation, prosecution and trial before competent authorities.

CHAPTER 2
DEPORTATION OF FOREIGN NATIONALS

SEC. 107. Formal Charge of Deportation. - A formal charge for deportation shall be
issued upon determination of the existence of a prima facie case against the foreign national.

SEC. 108. Bail. — Pending final determination of the foreign national’s deportation
case, the foreign national shall, upon the discretion of the Commissioner: (a) remain under
detention; or (b) be released on bail or recognizance. The bail may be revoked and
confiscated in favor of the government if there is sufficient evidence that the foreign national
is evading the proceedings or is attempting to abscond, in which case such foreign national
shall be taken into custody and placed under detention by order of the Commissioner.

SEC. 109. Custody of a Foreign National Convicted of a Felony or an Offense. - After
service of the sentence or compliance with the conditions of parole or probation, as the case
may be, the foreign national shall be taken into custody for immediate deportation by order
of the Board.

SEC. 110. Voluntary Deportation, When Authorized. The Commissioner may
waive the deportation proceedings and order the departure of the foreign national within
the period specified in the voluntary deportation order if the foreign national does not
contest the formal charge and opts to voluntarily leave the country and pays for all
expenses: Provided, That the foreign national has not committed any criminal offense or has
no pending criminal investigation: Provided, further, That the said foreign national so
deported shall be barred from re-entering the country without prior written authorization
from the Commissioner.

SEC. 111. Period to Enforce Order of Deportation. ~ The order of deportation shall be
enforced immediately but in no case shall exceed three (3) months from the date it has
become final and executory. If deportation is not enforced within the prescribed period, the
foreign national may be released on bail or recognizance.

SEC. 112. Suspension of Deportation Order. ~ The Commissioner may suspend the
implementation of the deportation order and order the release of the foreign national on bail
or recognizance, taking into account the following factors:

(a) Age, health, family or conduct;

(b) Period of detention;

(©) __ Impact on national security and public welfare;

(4) Unavailability of travel documents;

(©) _ Existence of an application for refugee or statelessness status; or

(© Other humanitarian considerations.


SEC. 113. Reinstatement of a Deportation Order. - A deportation order previously
implemented against a foreign national who unlawfully re-entered the Philippines shall be
deemed automatically reinstated and shall be implemented in accordance with this Act. This
provision shall also apply to a foreign national who departed voluntarily under Section 110
and re-entered the Philippines unlawfully or without prior written authorization from the
Commissioner.

SEC. 114. Country of Destination of a Deportee. — Except as provided for under an
existing treaty or international agreement, a foreign national shall be deported to the
country of which the person is a citizen or national, or foreign national’s country of birth, or
the country of which the individual is a resident, or the country from which the individual
embarked for the Philippines, subject to the acceptance by the receiving country.

SEC. 115. Cost of Deportation. - The cost of deportation shall be borne by the owner,
operator, captain, master, pilot, agent or consignee of a vessel in case its foreign
crewmember is to be deported under Section 104 of this Act. In all other cases, the cost of
deportation shall be borne either by the deportee, by the concerned consular office,
nongovernment organizations or people's organizations with which the Bureau has an
agreement on this matter, or from the appropriations for the enforcement of this Act.

SEC. 116. Liability of Owner, Operator, Captain, Master, Pilot, Agent or Consignee
of a Vessel. ~ Failure or refusal on the part of the owner, operator, captain, master, pilot,
agent or consignee of a vessel to take on board, guard safely and transport the deporte to
the foreign national’s country of destination, or to shoulder the cost of deportation of the
foreign crew member as provided in the preceding Section, shall be subject to the
administrative fines prescribed under Section 135 of this Act.

SEC. 117. Expenses of Accompanying Person. - The Commissioner may, for security
reason or by reason of the mental or physical condition of the deportee, direct an employee
of the Bureau to accompany such deportee to the country of the deportee’s destination,
subject to the provisions of Section 117.

CHAPTER 3
INDIGENT FOREIGN NATIONAL

SEC. 118. Removal of Indigent Foreign National. — At any time after entry, the
‘Commissioner may remove indigent foreign nationals from the Philippines to the country of
which they are citizens or nationals, their country of birth, or their country of residence, as
the case may be. The cost of deportation may be charged against the available funds of the
Office. Any foreign national removed under this section shall be barred readmission except
upon written authorization of the Board of Commissioners.

This provision shall not apply to a foreign national declared as an indigent by any
Philippine court for purposes of filing a case or to pursue an action which resulted in the
individual's indigency until such case or action is resolved with finality: Provided, That no
other grounds for deportation exist during the pendency of such case or action.

"7


TITLE VI
MISCELLANEOUS PROVISIONS

CHAPTER 1
REGISTRATION OF FOREIGN NATIONALS

SEC. 119. Requirement of Registration. — All foreign nationals shall register with
the Bureau or any Immigration Office nearest to their place of residence on or before the
sixtieth (60%) day of their latest arrival in the Philippines.

SEC. 120. Registration Form and Oath. — Applications for registration shall be
under oath and in such form as prescribed by the Bureau. Upon registration, a certificate of
registration shall be issued to the registrant. In case of loss or destruction of the certificate, a
replacement certificate may be issued by the Bureau upon proper application and payment
of prescribed fees.

SEC. 121. Amendment of Registration. — A registered foreign national shall notify
the Bureau in writing of any change of information in the person’s registration documents
not later than seven (7) days from such change.

SEC. 122. Presentation of Certificate of Registration. — Every foreign national
required to register under this Act or the parent or guardian of such foreign national shall,
upon demand by any personnel authorized by the Commissioner, present a certificate of
registration of such individual, and failure to do so without justifiable cause shall be dealt
with in accordance with the provisions of this Act.

SEC. 123. Reportorial Requirements. — Every foreign national registered under this
Act shall, within the first sixty (60) days of every calendar year, report in person to the
Bureau. The Commissioner may exempt personal appearance of foreign nationals registered
under this Act subject to certain requirements and conditions as may be prescribed in the
rules and regulations issued for the purpose.

SEC. 124, Failure to Comply with Requirements. — A foreign national, or the parent
or guardian of the foreign national, who, without justifiable reason, fails to comply with all
the requirements under this Act, or who files an application for registration containing
statements known by the individual to be false, or who utilizes registration documents other
than that of the individual, shall be dealt with in accordance with the provisions of this Act
and other existing laws.

SEC. 125. Cancellation of Registration of Foreign National. — In case of death of a
foreign national registered under the provisions of this Act, the legal heir, representative or
administrator of the foreign national must inform the Office within sixty (60) days from such
death, and the Bureau shall cancel the registration of the deceased foreign national. The
Local Civil Registrar or other civil registry officer of the locality where said foreign national
died shall furnish the Bureau with a copy of the Certificate of Death within thirty (30) days

48


from issuance thereof. Failure on the part of the persons concerned to comply with the
requirements specified in this Section shall be dealt with pursuant to the provisions of
existing laws.

CHAPTER 2
BONDS AND DEPOSITS

SEC. 126. Bonds, When Required. — The Bureau shall have the authority to require
cash bonds in such amounts and under such conditions as it may prescribe in order to:

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

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

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

SEC. 127. Requirement of Cash Deposits for Services Rendered. - The Bureau shall
likewise have the authority to require cash deposits in such amounts as may be necessary
from a vessel’s owner, operator, captain, master, pilot, agent, or consignee or other persons
served for services rendered as established by the implementing rules and regulations.

SEC. 128. Cancellation and Forfeiture of Bonds. ~ When the conditions of the bond
are fulfilled, or in case the Commissioner determines that the likelihood that a foreign
national shall become a public charge no longer exists, or in case of death of the foreign
national in whose behalf the bond is posted, the bond shall be cancelled and released to the
depositor or the legal representative of the foreign national. In case of violation of the
conditions of the bond, the same shall be forfeited and deposited in a trust fund account
which may be utilized for the purchase of passage tickets for the removal of indigent foreign
nationals and to cover the costs of operations in locating deportees who jump bail.

CHAPTER 3
RECOGNIZANCE

SEC. 129. Petitions for Recognizance, Sanction for Breach of Conditions. — The
Commissioner may order the release of a foreign national upon recognizance of the
foreigner’s lawyer or a person who is of good standing in the community, under such terms
and conditions as the Board may prescribe. Failure to comply with the terms and conditions
of the recognizance shall subject said lawyer or person to a fine of not less than Fifty
thousand pesos (50,000.00) but not more than One hundred thousand pesos (P100,000.00),
without prejudice to other administrative sanctions or proceedings against the erring party.

CHAPTER 4
COOPERATION AND COORDINATION WITH OTHER OFFICES

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SEC. 130. Working Cooperation with the Department of Foreign Affairs. - For
purposes of efficient implementation and administration of this Act, the Bureau shall
maintain a working cooperation with the DFA.

SEC. 131. Working Cooperation with the Commission on Higher Education (CHED).
~ The Bureau shall maintain a working cooperation with the CHED with respect to the
accreditation of schools and learning centers for enrollment of foreign students as
authorized under this Act.

SEC. 132. Working Cooperation with the Civil Aviation Authority of the Philippines
(CAAP). ~The Bureau shall maintain a working cooperation with the CAAP with respect to
accreditation of flying schools for the enrollment of foreign students.

SEC. 133. Coordination with Law Enforcement, Security and Other Offices. — The
Commissioner shall have the authority to maintain coordination with the National Security
Council, the Philippine National Police (PNP), and other law enforcement agencies of the
government.

CHAPTER 5
FEES AND CHARGES

SEC. 134, Authority of the Board to Prescribe, Impose and Collect Fees and Charges.
— The Board is authorized to prescribe, impose and collect fees and charges for services
rendered pursuant to the provisions of this Act.

CHAPTER 6
ADMINISTRATIVE FINES.

SEC. 135. Fine for Failing to Submit Crew List or Passenger Manifest, or Failure
to Account Every Passenger and Crew. — Any owner, operator, master, captain, pilot, agent,
or consignee of a vessel arriving at any port in the Philippines from a place outside thereof
who fails to submit to the immigration authorities a complete and accurate crew list or
passenger manifest, or fails to produce or account every crewmember or passenger whose
name appears in said list or manifest shall be subject to fines of One hundred thousand
pesos (P100,000.00) and Fifty thousand pesos (P50,000.00) for each unaccounted person,
respectively.

SEC. 136. Fine for Violation of Obligation on the Landing or Removal of Foreign
Nationals. — Any owner, operator, master, captain, pilot, agent, or consignee of any vessel
arriving at a port of the Philippines from a place outside thereof having a foreign national on
board in violation of this Act shall be fined not less than Fifty Thousand pesos (P50,000.00)
but not more than Two hundred thousand pesos (P200,000.00) for each act or violation
consisting of:


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

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

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

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

() Refusal to receive such foreign national on board for removal from the
Philippines if the foreign national is excluded, or to pay the cost of removal as required
under Section 101 and 116 of this Act;

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

(g) Making any charge against such foreign national for the cost referred to in (d)
above, or for the cost of the removal of the foreign national from the Philippines if the latter
is excluded, or taking any security from the foreign national for the payment of any such
costs.

SEC. 137. Fine for Bringing Undocumented Foreign National, or Foreign National
Afflicted with Communicable or Contagious Disease, or Suffering from Mental Disorder. —
‘The owner, operator, master, captain, pilot, agent, or consignee of the vessel arriving at a
port in the Philippines from a place outside thereof bringing on board an undocumented
foreign national shall be fined One hundred thousand pesos (P100,000.00) for each foreign
national. If the foreign national is afflicted with a communicable or contagious disease or is
suffering from mental disorder, the fine shall be not less than Two hundred thousand pesos
(P200,000.00) but not more than Three hundred thousand pesos (P300,000.00) for each
foreign national.

SEC. 138. Fine for Bringing a Foreign National to Assist His Illegal Entry or
Misrepresenting a Foreign National as a Member of the Crew. — The owner, operator,
master, captain, pilot, agent, or consignee of the vessel arriving at any port in the Philippines
from a place outside thereof bringing on board a foreign national bound for the Philippines
to assist the illegal entry of the foreign national, or misrepresenting the foreign national to
the Immigration Officer at the port of arrival as a bona fide member of the crew, shall be
fined not less than One hundred thousand pesos (P100,000.00) but not more than Two
hundred thousand pesos (P200,000.00) for each foreign national.

SEC. 139. Fine for an Overstaying Crewmember. — Any foreign crewmember who
wilfully remains in the Philippines beyond the period allowed for temporary landing shall
be fined not less than Fifty thousand pesos (P50,000.00) but not more than One hundred
thousand pesos (P100,000.00). The owner, operator, master, captain, pilot, agent, or
consignee of the vessel shall be solidarily liable for the fine imposed on such overstaying
crewmember.

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SEC. 140. Fine for Assaulting an Immigration Personnel — Any form of assault
directed to any personnel of the Bureau is an act of disrespect. In case the assault is
committed by a foreign national at the ports of entry and exit, such foreign national shall be
excluded or deported, as the case may be, and shall be fined Two Hundred Thousand Pesos
(Php 200,000.00) without prejudice to the right of the aggrieved Immigration Personnel to
file appropriate criminal, civil or administrative cases against such person.

For purposes of this Act, an Immigration Officer shall be considered a person in
authority while in the performance of official duty.

SEC. 141. Fine for Violation of Other Provisions of this Act. — The owner, operator,
master, captain, pilot, agent, or consignee of any vessel arriving at any port of the
Philippines from a place outside thereof who violates any other provision of this Act not
specifically provided in this Chapter shall be fined not less than Fifty thousand pesos
(P50,000.00) but not more than Two hundred thousand pesos (P200,000.00) for each
violation.

CHAPTER 7
PENAL PROVISIONS

SEC. 142, Prohibited Acts and Penalties. - Any person who shall commit any of the
acts specified hereunder shall, upon conviction, suffer the penalty of imprisonment for not
less than five (5) years but not more than ten (10) years, or a fine of not less than One
hundred thousand pesos (P100,000.00) but not more than Five hundred thousand pesos
(P500,000.00), or both imprisonment and fine, at the discretion of the court:

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

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

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

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

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

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

2


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

Where the offender of any acts specified in paragraph (g) of this section is a
corporation, partnership or other juridical entity, the president, general manager, managing
partner, or chief executive officer thereof shall be held liable. Dismissal of the employee by
the employer before or after apprehension shall not relieve such employer from any liability
arising from the offense: Provided, That if the offender is the owner, operator, master,
captain, pilot, agent, or consignee, or other person in charge of the vessel that brought the
foreign national into the Philippines from any place outside thereof, the fine imposed under
this section shall constitute a lien against the vessel which may be enforced in the 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 Bureau. Where forfeiture is justified
under the particular circumstances of the case, the forfeiture of the vessel in favor of the
government in lieu of the fine shall be decreed.

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

SEC. 143. Penalty for Aiding the Escape of Detained Foreign National. — Any
person who shall be found to have helped, assisted, supported, caused or ministered the
escape, including harbouring and concealing, of a foreign national shall, upon conviction, be
imprisoned for not less than five (5) years but not more than ten (10) years and a fine of not
less than Two hundred thousand pesos (P200,000.00): Provided, That if the person liable is a
foreign national, such person shall be deported after service of sentence: Provided further,
‘That any tools, equipment, implements or vehicles used in the escape of a detained foreign
national shall be destroyed or forfeited in favor of the government.

SEC. 144. Penalty for Non-compliance of Subpoena. — Any person who, having
been duly served with a subpoena, fails to comply without valid and justifiable reasons shall
suffer the penalty of imprisonment of not more than fifteen (15) days or a fine of not more
than One thousand pesos (P1,000.00), or both, at the discretion of the court.

SEC. 145. Imposition of Maximum Penalty, When Applicable. - A person convicted
under Republic Act No. 3019, as amended, otherwise known as the “Anti-Graft and Corrupt
Practices Act”, or other laws against corruption and bribery in relation to any violation or
circumvention of any provision of this Act shall suffer the maximum penalty under the said
Republic Act or other laws against corruption and bribery, as the case may be.

CHAPTER 8
UPGRADING OF COMPENSATION AND BENEFITS

3


SEC. 146. Creation of New Positions, Reclassification of Existing Positions and
Upgrading of Salary Levels. - The following positions in the Bureau are hereby created, and
the existing positions reclassified, with the corresponding salary grade levels:

EXISITING POSITION RECLASSIFIED POSITION SALARY
GRADE
‘Commissioner ‘Commissioner IIL 30
Deputy Commissioner Deputy Commissioner III 29
Attorney V Chief Special Inquiry Officer 28
(Board of Special Inquiry) _| (Overall Chairperson, BSI) _
Chief Administrative Officer. | Chief Administrative Officer 28
(Administrative Division) __| (Director for Administration)
Chief Administrative Officer | Chief Finance and Logistics Officer
(Finance and Management _| (Director for Finance and Logistics) 28
Division)
Information Technology Chief Information and Communications
Officer IIL ‘Technology Officer 28
(Director for ICT)
Immigration Officer Chief Alien Registration Officer 28
(Alien Registration Division) | (Director for Alien Registration)
Chief Immigration Officer | Chief Immigration Officer for 28
(Immigration Regulation | Immigration Regulation
Division) (Director for Immigration Regulation)
Chief Intelligence Officer Chief Immigration Officer for 28
(Intelligence Division) Intelligence (Director for Intelligence)
Attorney V Chief Immigration Officer for Legal 28
Affairs
(Director for Legal Affairs)
Chief Immigration Officer for Law 28
Enforcement
(Director for Law Enforcement)
Director IAS 28
Chief Planning and Research Specialist 28
(Director for Planning and Research)
Chief Human Resource and 28
Management Officer
(Director for Human — Resource
Management and Development)
Regional Director 27
Attorney IV (BSI) Special Inquiry Officer IV 7
(Chairperson, BSI)
Attorney IV (Legal Division) _| Immigration Prosecutor IV 27
Attorney Ill (BSI) Special Inquiry Officer Ill 26
- (Member, BSI)
Attorney Ill (Legal Division) | Immigration Prosecutor III 26

34


Supervising Immigration | Supervising Immigration Officer 26
Officer
Supervising Administrative | Supervising Administrative Officer 26
Officer
Medical Officer IIT Immigration Physician 26
Supervising | Human Resource 26
Management Officer
Deputy Director [AS 26
District Supervisor 26
Attorney Il (Legal Division) _| Immigration Prosecutor Il 25
Intelligence Officer IV___| Senior Immigration Officer 25
Accountant Il Immigration Accountant V 25
Dentist II Immigration Dental Officer 25
Supervising Immigration Research 25
Specialist
Attorney I (Legal Division) __| Immigration Prosecutor I 24
Senior Immigration Officer | Immigration Officer IV 24
‘Administrative Officer IV | Immigration Administrative Officer IV 24
Information Technology | Information and Communications 24
Officer 1 Technology Officer I
Nurse 11 Immigration Healthcare Officer 23
Immigration Research Officer [Il 23
HR Management Officer IIT 23
‘Accountant I Immigration Accountant I 2
Information System Analyst | Immigration Information System 2
Analyst
Immigration Officer II ___| Immigration Officer II 21
Immigration Research Officer II 21
HR Management Officer II 21
| Accountant I Immigration Accountantl 19
Computer Programmer It __| Immigration Computer Programmer II 19
Computer Maintenance | Immigration Information Technologist 19
Technologist nM
Immigration Officer IL
Intelligence Officer I || Immigration Officer Il 19
Special Investigator II
Immigration Officer I
Intelligence Officer I Immigration Officer I 17
Special Investigator I
| Fingerprint Examiner IV ‘Alien Fingerprint Examiner IV 7
| Immigration Research Officer I 7
Immigration Computer Programmer I 7
Immigration Information Technologist I 7
HR Management Officer I 17
Immigration Assistant Immigration Inspector 15

35



[intelligence Agent II __| Immigration Agent I 15

Administrative Officer II Immigration Administrative Officer IT 15
Immigration Research Assistant
- — HR Management Assistant
Fingerprint Examiner IIL Alien Fingerprint Examiner {Il
‘Administrative Aide VI Immigration Aide VI
‘Administrative Assistant III | Immigration Administrative Assistant B
Lit

Administrative Aide V Immigration Aide V 13
Fingerprint Examiner II Alien Fingerprint Examiner II 13
Security Guard I Civil Security Officer II 13,
Intelligence Agent I Immigration Agent I 13
Translator IT Immigration Translator II 12
Administrative Assistant II Immigration Administrative Assistant II 12
Administrative Aide IV Immigration Aide IV 12
‘Administrative Aide Il Immigration Aide III n
‘Nursing Attendant Immigration Healthcare Assistant iT
Fingerprint Examiner I Alien Fingerprint Examiner I mn
Security Guard I
Seaman
Launch Patron, Civil Security Officer I 11
Marine Engineman
Quartermaster
Legal Aide Immigration Legal Assistant 10
Administrative Assistant! __| Immigration Administrative Assistant I _ 10
Administrative Aide II Immigration Aide Il 8

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

SEC. 147. Additional Grant of Benefits. —The Bureau shall provide its employees

with the following benefits:

(1) Health care services through an accredited Health Maintenance
Organization for its regular employees;

(2) Accident Insurance policies for all employees;

(3) Night Shift differential and overtime pay for actual work rendered, in
accordance with existing guidelines;

56



(4) Longevity pay, subject to guidelines that shall be issued by the Board in
accordance with existing laws and regulations and subject to the approval
of the Secretary of the DBM;

(5) Transportation benefits;

(6) Dislocation allowance; and,

(7) Hazard pay amounting to twenty-five percent (25%) of basic salary to
qualified employees as may be determined by the Board.

SEC. 148. Retention and Use of Immigration Fees, Fines and Other Income;
Immigration Trust Fund. — The Board is hereby authorized to retain and use every year
thirty per cent (30%) of its collections from immigration fees, fines and penalties, and other
income that may be collected by the Bureau for the effective implementation of this Act.

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

(a) 40% for the modernization of equipment, facilities and offices used by
employees of the Bureau, including capital outlay for the establishment of
new buildings and field offices for the effective implementation of this Act;

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

(©) 30% for the further professionalization of the employees of the Bureau
including trainings, seminars and other career advancement programs.

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

CHAPTER 9
TRANSITORY PROVISIONS

SEC. 149. Interim Period. — The incumbent Commissioner and the two Deputy
Commissioners, if qualified under this Act, shall continue to discharge the functions of their

37


position unless otherwise removed by the President. All personnel of the present Bureau of
Immigration shall continue to discharge the functions of their position pending the
reorganization as provided in this Act.

SEC. 150, Reorganization of the Bureau. — Upon approval of this Act, all employees
of the Bureau of Immigration covered by the civil service law and regulations shall
continue to hold their present positions pending the reorganization of the Bureau in
accordance with the new staffing pattern: Provided, That the salaries, wages, allowances and
other benefits of incumbent officers and employees of the Bureau shall not be subject to
diminution: Provided, further, That employees who have been dismissed for cause shall no
longer qualify for any position in the Bureau.

SEC. 151. Inventory and Transfer of Properties, Accounts, Assets, Liabilities and
Obligations to the Commission. — All buildings, properties, equipment, facilities, accounts,
other assets, liabilities and other obligations as well as records of the Bureau of Immigration
shall be properly inventoried and transferred to the Bureau.

SEC. 152. Treaty or Agreement. — Any treaty or agreement entered into between the
Philippines and any foreign state before the effectivity of this Act shall remain in force and
effect.

SEC. 153. Pending Cases. - Any prosecution, suit, action, proceeding, or any act or
matter, civil or criminal, pending at the time of the effectivity of this Act shall not be affected
by any of the provisions of this Act unless otherwise explicitly stated herein.

CHAPTER 10
ADMINISTRATION AND IMPLEMENTATION
SEC. 154. Administration and Implementation Abroad. ~ The administration and
implementation of this Act abroad, including the rules and regulations, and specific visa
policies or guidelines, shall be the responsibility of the DFA, with due notice to the Bureau
and other concerned agencies and offices.
SEC. 155. Implementing Rules and Regulations. —Within sixty (60) days from the
effectivity of this Act, the Bureau shall, in coordination with the Secretaries of the DBM, the
DOJ and the DFA, promulgate the rules and regulations for its effective implementation.

SEC. 156. Appropriations. - The amount necessary to cover the initial
implementation of this Act shall be charged against the following:

(a) Current year’s appropriation of the Bureau of Immigration; and
(b) Immigration fees, fines and other income authorized under Section 146 this Act.

Thereafter, such sums as may be needed for its continued implementation shall be
included in the annual General Appropriations Act and from the immigration Trust Fund.

58


CHAPTER 11
FINAL PROVISIONS

SEC. 157. Retroactive Application. - The renaming of positions with the
corresponding increase in salary grade and benefits enumerated in Title VI, Chapter 8 shall
be effective January 1, 2019.

SEC. 158. Separability Clause. ~ Should any provisions of this Act be declared
invalid, the remaining provisions shall continue to be in force and effect.

SEC. 159. Repealing Clause. - Commonwealth Act No. 613, otherwise known as the
“Philippines Immigration Act of 1940”, as amended, and the Republic Act No. 750, are
hereby repealed. All other laws, presidential decrees, executive orders, proclamations,
memorandum orders, instructions, rules and regulations or parts thereof inconsistent with
this Act are hereby amended or modified accordingly.

SEC. 160, Effectivity. - This Act shall take effect fifteen (15) days after its
publications in the Official Gazette or in any newspaper of general circulation.

APPROVED

39