FIFTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
Senate Bill No. 23 8 <1 
- , , ~1'_ 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
It is incumbent upon the Congress to pass a law amending one of the most 
important pieces of legislation -
the Philippine Immigration Act of 1940 
(Commonwealth Act No. 613) which was passed exactly seventy (70) years ago. 
Without doubt, there are significant changes in the socio-economic-political milieu, 
including major technological advancements in the Philippine bureaucracy during 
the past 70 years. As such, the Bureau of Immigration should be able to adapt to 
the changing times and be responsive to the needs of the people. The agency is a 
vital component of government and a potent factor in the development of the 
country thru the promotion of investments, trade and commerce and tourism. 
This bill seeks to reorganize and strengthen the Bureau of Immigration and 
institute it into a Philippine Immigration Authority (PIA) which shall be principally 
responsible for the administration and enforcement of immigration, alien 
registration, citizenship laws, among others, Additionally, there is a need to 
systematize the procedures for immigrants and non-immigrants as well as provide 
for penalties for foreigners or aliens engaged in unlawful activities. For 
administrative purposes, the PIA shall be under the Department of Justice or 
under any other executive department which the President may subsequently 
determine. 
This measure is a consolidated/substituted bill drafted by the Committees 
on Justice and Human Rights, Civil Service and Government Reorganization and 
Finance during the 14th Congress. 
In view of the foregoing, passage of this bill is earnestly sought. 


, 
FIFTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
Senate Bill No. 2384 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
"THE PHILIPPINE IMMIGRATION ACT OF 2010" 
Be it enacted by the Senate and the House of Representatives of the Philippines 
in Congress assembled: 
TITLE I 
GENERAL PROVISIONS 
SECTION 1. Title of the Act. -This Act shall be known as the "Philippine 
Immigration Act of 2010." 
SEC. 2. Declaration of Policy. - It is hereby declared that the Philippine 
immigration structures, policies, rules and regulations established under this Act, 
shall be designed, operated, and administered in such a manner as to promote the 
domestic and international interests of the Philippines, recognizing the need to: 
(a) Administer the entry and admission of visitors into the 
Philippines for the purpose of fostering investments, 
trade and commerce, cultural and scientific activities, 
tourism and international understanding; 
(b) Enrich and strengthen the cultural and social fabric of 
the Philippines; 
(c) Ensure that any person who seeks admission into the 
Philippines on either permanent or temporary baSis is 
subject to 
standards 
of admission 
that are 
not 
inconsistent with the basic principles of justice and fair 
play, the generally accepted principles of international 
law and state obligations under treaties and international 
agreements that the Philippines is a party to; 
(d) Take an active participation in the advancement of 
national security and national interest; 
(e) Foster the development of a strong and viable economy 
and the prosperity of the country; 
(f) Institutionalize and strengthen the mechanisms for the 
protection of the family, health, morals, safety, and good 
order of the Philippine society; 


(g) Promote international order and justice by denying the use 
of Philippine territory to persons who are engaged or likely 
to engage in terrorism, human smuggling and trafficking, 
criminal, and other nefarious activities; 
(h) Streamline and strengthen the existing governmental 
structures charged with the administration and enforcement 
of immigration, asylum and related laws, 
rules and 
regulations in order to make them adaptive to the growing 
immigration demands of the country; and 
(i) Professionalize the immigration service by instituting a rigid 
system of screening and selection of immigration officials 
and employees and promoting their development. 
SEC. 3. Definition of Terms. -As used in this Act, the following terms are 
defined as'follows: 
(a) "Admission" - shall mean the process in which a foreigner 
arriving at a port of entry in the Philippines is allowed into 
the country by the immigration authorities; 
(b) "Asylum Seeker" - a foreigner who seeks recognition and 
protection as a refugee; 
(c) "Authority" - shall refer to the Philippine Immigration 
Authority; 
(d) "Board" -shall refer to the Board of Directors General 
provided for in this Act; 
(e) "Border Control Officer" - shall refer to any person 
appointed under Section 26 of Act or any employee of the 
Authority designated by the Director General to perform 
the powers, duties and functions of a Border Control 
Officer as specified under this Act; 
(f) "Captain"- shall mean the master of a vessel or pilot of an 
aircraft; 
(g) "Child"- shall refer to a person below eighteen (18) years 
of age: 
(h) "Citizen" - shall refer to any person who is a citizen of the 
Philippines as provided for under Section 1, Article IV of 
the 1987 Philippine Constitution; 
(i) "Director General" - shall refer to the Director General of 
Immigration; 
U) "Consular Officer" - shall refer to any official of the 
government of the Philippines Designated lappointed by the 
President for the purpose of issuing visas to foreigners as 
required[of foreigners] by this Act; 
(k) "Entry" - shall refer to the arrival of a foreigner into any 
designated port of entry in the Philippines from a place 
2 


outside thereof, except when a foreigner having a lawful 
permanent residence in the Philippines shall not be 
regarded as making an entry for the purpose of this Act, if 
the foreigner proves that his departure to a place outside 
the Philippines was for a temporary or limited period, or his 
continued absence from the Philippines was occasioned by 
removal proceedings, extradition, or other legal process; 
(I) "Exclusion" - shall refer to the act of Immigration Officers 
denying admission of a foreigner into the county on 
grounds provided for in this Act; 
(m) "Foreigner" or "Foreign National" - shall refer to any 
person not a citizen of the Philippines; 
(n) "Husband" and/or 'Wife" -shall refer to those regarded 
as such by the laws of the country of which they are 
nationals but shall not include husband or wife by reason of 
proxy or "picture marriage"; 
(0) "Immigrant" - shall refer to any foreign national departing 
from any place outside the Philippines destined for the 
Philippines, other than a, non-immigrant; 
(p) "Immigration laws" - shall refer to this Act and any other 
law presently existing or which may hereafter be enacted 
relating to movement of natural persons to and from the 
Philippines, and their exclusion, interception, removal and 
repatriation; 
(q) "Immigration Officer"-- shall refer to any person appointed 
under Section 29 of this Act or any employee of the 
Authority designated by the Director General to perform the 
powers, duties and functions of an Immigration Officer as 
specified under this Act; 
(r) "Interception" - shall refer to the act of Immigration 
Officers denying departure clearance to any person leaving 
the country on grounds provided for in this Act; 
(s) "Naturalization" - means either a judicial or administrative 
process by which a foreign national acquires Philippine 
citizenship; 
(t) "Non-immigrant" - shall refer to any foreigner departing 
from any place outside the Philippines who is allowed entry 
and admission into the Philippines for a temporary or 
limited period of stay; 
(u) "Passport" - shall refer to a document issued by the 
Philippine government to its citizens and requesting other 
governments to allow its citizens to pass safely and freely, 
and incase of need to give him all lawful aid and 
protection; 
3 


(v) "Person" - shall refer to natural and juridical person such 
as 
partnerships, 
corporations, 
companies, 
and 
associations; 
(w) "Port of entry" - shall refer to any port designated by 
competent authority in accordance with law through which 
a foreigner may apply to the immigration officer thereat for 
admission into the Philippines; 
(x) "President" - shall refer to the President of the Republic 
of the Philippines; 
(y) "Refugee" - shall refer to a person who, owing to a well-
founded fear of being persecuted for reasons of race, 
religion, nationality, membership of a particular social 
group, or political opinion, is outside the country of their 
nationality, and is unable to or, owing to such fear, is 
unwilling to avail him/herself of the protection of that 
country; 
(z) "Seaman," "Seafarer" or "Crewmember"· - shall mean a 
person actually employed in the operation or service in any 
capacity on board a vessel; 
(aa) "Secretary" -shall refer to the Secretary of the Department 
of Justice; 
(bb) "Stateless Person" - a person who is not considered a 
national by any state under the operation of its laws; 
(cc) "Travel document" - shall refer 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 the Philippine 
Passport Act; 
(dd) "Vessel" - shall refer to all means of conveyances, 
whether 
aircraft or sea craft; and 
(ee) "Visa" - shall mean an endorsement on a passport or any 
travel document issued by a consular officer abroad 
authorizing the holder thereof to proceed to a designated 
port of entry in the Philippines and there to apply for entry 
and admission under the status specified therein; or 
Immigration status granted and/or issued to foreigners by 
the Board under this Act. 
TITLE II 
PHILIPPINE IMMIGRATION AUTHORITY 
Chapter 1 -The Authority 
SEC. 4. Creation. - A Philippine Immigration Authority is hereby created 
which shall be principally responsible for the administration and enforcement of 
4 


immigration, alien registration, citizenship laws, including but not limited to those 
dealing with the admission, exclusion, registration, removal and repatriation of 
foreigners, 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. For administrative purposes, the 
Authority shall be under the supervision of the Department of Justice or under any 
other executive department which the President may subsequently determine. 
SEC. 5. 
Composition and Qualification. -The Authority shall be 
administered by a Board of Directors General, headed by the Director General as 
chairman, and four (4) Deputy Directors General as members, all of whom shall be 
natural-born citizens of the Philippines and, at the time of their appointment, at 
least thirty-five (35) years of age, holders of a college degree and with proven 
capacity for administration. After completion of their term, they shall be entitled to 
retirement benefits as that in the manner of the Constitutional Offices. 
Chapter 2 -The Board of Directors General 
SEC. 6. Powers and Functions of the Board. - The Board of Directors 
General shall have the following powers and functions: 
(a) 
Decide on removal cases; 
(b) 
Act on applications or recommendations for 
revocation of immigration status; 
(c) 
Act on applications for recognition of Philippine 
citizenship 
by 
reason 
of 
marriage, 
birth, 
repatriation or reacquisition under Republic Act 
No. 9225; 
(d) 
Act 
on 
petitions/applications 
for 
issuance, 
conversion, adjustment, amendment, extension 
or waiver of immigrant, non-immigrant and 
special non-immigrant visas, as the case may be; 
(e) 
Decide 
on 
applications 
for 
legalization 
of 
residence; 
(f) Decide applications for refugee status or asylum; 
(g) Prescribe rules governing proceedings before it; 
(h) 
Punish for contempt in accordance with the 
pertinent provisions of the Revised Rules of 
court; 
(i) Prepare and publish an organizational policy and 
procedures manual, to include requirements, time 
periods and 
fees for the 
perfection of all 
transactions entered into by the Authority with the 
public; 
G) For the purpose of public policy, public interest and 
the efficient administration of immigration laws, 
5 


create visa and special permits, not otherwise 
provided for in this Act; 
(k) Formulate policies, directives, programs and 
projects, as well as the rules and regulations and 
guidelines to implement the provisions of this Act; 
and 
(I) Perform such other functions and powers as may 
be provided by existing laws, rules and regulations 
of the Authority not inconsistent with any of the 
provisions of this Act and other existing laws. 
SEC. 7. Decisions of the Board. - In .any case or proceeding before the 
Board of Directors General, the decision of the majority of those present shall 
prevail. Decisions of the Board shall become final and executory fifteen (15) days 
from receipt thereof. A motion for reconsideration may be filed with the Board 
before the finality of the said decision. No further motion for reconsideration shall 
be allowed. Decisions in removal cases may be appealed to the Office of the 
President, within fifteen (15) days from receipt thereof, whose decision shall be 
final and executory unless stayed by an order of the Court of Appeals on certiorari 
under Rule 65 of the Revised Rules of Court. The appeal shall stay the execution 
of the decision appealed from unless the Board, in the interest of national security 
and/or public safety, directs its execution pending appeal. 
SEC. 8. Period for Decision by the Board. - The Board of Directors 
General shall decide removal cases within thirty (30) days from the date they are 
submitted for decision or resolution. 
SEC. 9. Meetings of the Board. - In all cases, the Board of Directors 
General shall convene and act as a collegial body in all matters referred to in 
Section 10 of this Act. The Board shall meet at least twice a month, or as the need 
arises. Members of the Board shall be notified accordingly and the presence of the 
Chairman and two (2) members shall constitute a quorum. 
SEC. 10. Board Executive Office and Secretariat. - That Board shall be 
assisted by the Board Executive Office and Secretariat headed by a Director who 
shall be appointed by the President, upon the recommendation of the Director 
General. He must be a member of the Philippine Bar in good standing for at least 
three (3) years prior to his deSignation. He shall set the agenda for the regular 
meeting of the Board of Directors General; prepare the Minutes of the Meeting of 
the Board of Directors General and shall be in charge of the implementation of 
approved petitions/application for issuance, conversion, adjustment, amendment, 
extension 'of visa approved by the Board of Directors General; He shall also keep 
a docket book for removal cases, applications for revocation of immigration status, 
applications for recognition of Philippine citizenship by reason of marriage, birth, 
repatriation or reacquisition under Republic Act No. 9225, applications for 
legalization of residence, and applications for refugee status or asylum. 
Chapter 3 -The Director General 
SEC. 11. Appointment, Rank and Tenure of the Director General. - The 
Director General shall be appointed by the President and shall hold office for a 
term of seven (7) years without reappointment. He shall have the rank, salary, and 
privileges equivalent to an undersecretary of a department. At the expiration of the 
term of the Director General, the most senior Deputy Director General shall 
6 


temporarily assume and perform the duties and functions of the Director General 
until a permanent Director General is appointed by the President. Any vacancy 
prior to the expiration of the term of the Director General shall be filled for the 
unexpired term only. 
SEC. 12. Powers and Functions of the Director General. - In addition to 
his duties as Chairman of the Board of Directors General, the Director General of 
Immigration shall exercise the following powers and functions: 
(a) 
Supervise, direct and coordinate the overall operations 
of the Authority; 
(b) 
Exercise immediate control, direction and supervision of 
all officers and personnel of the Authority; 
(c) 
Issue (i) letter orders after determination of the 
existence of probable cause; (ii) commitment or release 
orders; (iii) writ of removal; (iv) hold departure orders in 
cases of pending preliminary investigation, for a non-
extendible period of 60 days or upon the date of the 
order of resolution of the prosecutor handling the case, 
whichever is shorter; (v) allow entry or departure orders; 
(vi) orders for blacklisting; and (vii) orders implementing 
watch list orders issued by the Department of Justice; 
(d) 
Delegate 
authority 
to 
subordinate 
officers 
and 
employees of the Authority; 
(e) 
(f) 
(g) 
(h) 
(i) 
U) 
(k) 
Act on petitions for declaration of indigency, 
Declare such control posts, landing places, airports or 
ports/points of entry'or exit, whether limited or unlimited, 
as may be deemed necessary; 
Increase, reduce or waive immigration fees, fines, 
penalties and other charges; 
Participate and decide in all petitions before the Special 
Committee on Naturalization created under Republic 
Act No. 9139, as member thereof; 
Issue certificates of identification to foreig ners who have 
obtained Filipino citizenship; 
Issue letter orders and permits to carry firearms, 
ammunition 
and 
communications 
equipment 
to 
authorized 
immigration 
operatives 
for 
use 
in 
enforcement operations and 
in 
the execution of 
warrants: Provided, That such firearms are owned and 
issued by the Authority; 
Inspect or through his duly authorized representatives 
the documents of person and the premises and records 
of entity covered by this Act, subject to the provisions of 
existing laws, rules and regulations; 
7 


(I) 
Deputize any official or employee of the national and 
local government unit, including uniformed personnel of 
the Armed Forces of the Philippines, Philippine National 
Police 
and 
Philippine 
Coast 
Guard 
to 
perform 
immigration duties and 
functions 
subject to the 
concurrence of the Board; 
(m) 
Authorize and prescribe the forms and the amount of 
cash bonds for the provisional release of respondents in 
removal proceedings; 
(n) 
Authorize immigration employees to do overtime work at 
rates fixed by him when the services rendered is to be 
paid for by the shipping companies, airlines or other 
persons served; 
(0) 
For and in behalf of the Authority, accept donation of 
materials, equipment or technical services from any 
foreign 
government, 
international 
or 
domestic 
organization, to upgrade its efficiency and operations; 
(p) 
Accredit schools and learning institutions that can 
officially accept and enroll foreign students; 
(q) 
Accredit law firms, liaison officers, travel agencies, and 
other individuals and organizations transacting with the 
Authority; 
(r) 
Submit to the President, and to Congress, annually or 
as may be directed, a report on the number and the 
status of foreigners in the Philippines; on foreigners 
admitted or granted change of status as permanent 
residents; on foreigners who have been excluded or 
removed from the Philippines; on the number of 
foreigners estimated to be present illegally in the 
Philippines in each calendar year and actions taken to 
arrest them; and other such transactions of the 
Authority; 
(s) 
Prepare and submit supplemental budget of the 
Authority for the consideration of the Department of 
Budget and Management; 
(t) 
Prescribe such rules, regulations or other administrative 
issuances to govern proceedings or to carry out the 
provisions of this Act and the resolutions and pOlicies 
approved by the Board; 
(u) 
Prescribe such forms and bonds, reports, entries, and 
other papers; and 
(v) 
Perform such other functions inherent to the Director 
General. 
Chapter 4 -The Deputy Directors General 
8 


SEC. 13. Appointment, Rank and Tenure of the Deputy Directors 
General. - There shall be four (4) Deputy Directors General who shall be 
appointed by the President and shall hold office for a term of seven (7) years 
without reappointment. The first two (2) appointed Deputy Directors General shall 
hold office for seven (7) years and the next two (2) for five (5) years, without 
reappointment. They shall have the rank, salary and privileges equal to an 
assistant secretary of a Department. Appointment to any vacancy shall be only for 
the unexpired term of the predecessor. 
SEC. 14. Duties of the Deputy Directors General. - In addition to their 
duties as members of the Board of Directors General, the Deputy Directors 
General shall exercise powers and functions, as may be assigned to them by the 
Board, in the following areas of concern as: 
a. 
Deputy Director General for Administration, Finance, 
Planning, Legal and Information and Communications 
Technology; 
b. 
Deputy Director General for Regional Operations, 
Registration, Immigration Regulation and Visa and 
Special Permit; 
c. 
Deputy Director General for Intelligence, Enforcement, 
Fraud Prevention and Complaint and Prosecution; and 
d. 
Deputy Director General for International Policies, 
Cooperation and Social Integration. 
. 
Chapter 5 -The Executive Director 
SEC. 15. Appointment; Tenure; Rank. - There shall be an Executive 
Director of the Authority who shall likewise be appointed by the President upon the 
recommendation of the Director General, with a rank, salary and benefits of 
Director III, 
who shall exercise administrative supervision over different 
departments of the Authority. He must be a natural born citizen of the Philippines, 
at least thirty five (35) years of age with at least five (5) years of experience 
performing supervisory and executive fUnctions. He shall be assisted by a Deputy 
Executive Director II. 
Chapter 6 -The Board of Special Inquiry 
SEC. 16. Constitution of a Board of Special Inquiry. - Twelve (12) 
Boards of Special Inquiry are hereby constituted, each to be composed of a 
chairman and two (2) members. Each Board shall be designated according to their 
areas of specialization, to be determined by the Board. 
SEC. 17. Appointment; Qualification and Tenure of the Members of the 
Board of Special Inquiry. - The Chairmen and members of the Boards of Special 
Inquiry shall be appointed by the Secretary upon the recommendation of the 
Director General, all of whom shall be natural-born citizens of the Philippines, and 
at the time of their appointment, at least thirty (30) years of age, members of the 
Philippine Bar in good standing, with at least three (3) years in actual practice. 
They shall hold office during good behaVior, unless sooner removed for cause. 
, 
9 


SEC. 18. Powers and Functions of the Board of Special Inquiry - The 
Boards of Special Inquiry shall: 
(a) 
Administer oaths; 
(b) 
Punish for contempt in accordance with 
the pertinent provisions of the Rules of 
Court; 
(c) 
Issue 
subpoena 
duces 
tecum 
and 
subpoena to witnesses to appear in a 
case being heard by the Board of 
Special Inquiry; 
(d) 
Recommend to the Board the imposition, 
waiver or reduction of fees, 
fines, 
penalties, and other charges subject to 
existing laws, rules and regulations; 
(e) 
Exercise original authority to hear and 
recommend to the 
Board for final 
resolution of the following cases: 
1. Removal; 
2. Applications 
for 
revocation 
of immigration 
status; 
3. Applications 
for 
recognition 
of 
Philippine 
citizenship by reason of marriage, birth, 
repatriation or reacquisition under Republic 
Act No. 9225; 
4. Applications for legalization of residence; and 
5. Applications for refugee status or asylum; 
6. Perform such other functions and duties as may 
be directed by the Board or the Director 
General. 
SEC. 19. Proceedings Before the Board of Special inquiry. - The 
proceedings before the Boards of Special Inquiry shall be public and faithfully 
recorded. In all cases, each of the Boards of Special Inquiry shall meet and act as 
a collegial body. Only members of the Philippine Bar in good standing shall appear 
for and in behalf of any party before the Boards of Special Inquiry. 
SEC. 20. Resolutions of the Board of Special inquiry. - Cases before the 
Boards of Special Inquiry shall be resolved within five (5) working days from the 
date the same are submitted for resolution. Said resolution shall be submitted 
immediately to the Board for action. 
Chapter 7 - Directorates and Personnel of the Authority 
10 


SEC. 21. Directorates and Other Operating Office of the Authority. -
The Authority shall have the following directorates and other operating offices, 
namely: (a) Directorate for Administration; (b) Directorate for Finance; (c) 
Directorate for Information and Communications Technology; (d) Directorate for 
Planning and Research; (e) Directorate for International Policies and Cooperation; 
(f) Directorate for Social Integration; (g) Directorate for Intelligence; (h) Directorate 
for Law Enforcement; (i) Directorate for Fraud Prevention; U) Directorate for Legal; 
(k) Directorate for Immigration Regulation; (I) Directorate for Registration; (m) 
Directorate for Visa and Special Permit; (n) Directorate for Complaint and 
Prosecution (0) Intern al Audit Office; (p) National Operations Center; and (4) 
ImmigratiQn Academy of the Philippines. 
SEC. 22. Heads of the Directorate and Other Operating Offices. - Each 
directorate and other operating offices shall be headed by a Director; Provided, 
however, That the Director for Directorate for Legal and Directorate for Complaint 
and Prosecution shall be members of the Philippine Bar in good standing and the 
Director for Directorate for Finance Department shall be a Certified Public 
Accountant. 
SEC. 23. Duties and Functions of the Directorates and Other Operating 
Offices. - The different Directorates and other operating offices of the Authority 
shall operate in accordance with their respective duties and functions as defined 
by the Director General, subject to the requirements of efficiency, economy, 
transparency, accountability and effectiveness, and pertinent budget and civil 
service laws, rules and regulations. 
Chapter 8 -The Field Offices 
SEC. 24. Field Offices of the Authority. - The Authority shall operate and 
maintain a Regional Immigration Office in each of the administrative regions 
including the National Capital Region and also a Provincial Immigration Office in 
every province of the country. The Regional and Provincial Immigration Offices of 
the Authority shall each be headed by a Regional Immigration Officer and 
Provincial Immigration Officer, respectively, all of whom shall be appointed by the 
Secretary upon the recommendation of the Director General. 
SEC. 25. Border Control Stations - There shall be established Border 
Control Stations which shall be manned by Border Control Officers. The Border 
Control Stations shall be placed in specific areas in the Philippines which will be 
determined by the Board. Border Control Officers shall be appointed by the 
Secretary of Justice, upon recommendation of the Director General. Their duties 
and responsibil,ities shall also be determined by the Board. 
SEC. 26. Changes in the Composition, Distribution of Assignment of 
Field Offices. - The Director General may make changes in the composition, 
distribution and assignment of field offices, as well as its personnel, based on the 
demographics of Philippines' foreigner population and as the exigency of the 
service may require. 
Chapter 9 -Other Officers of the Authority 
SEC. 27. Philippine Immigration Representatives - The positions of 
Philippine Immigration Representatives are hereby created. No person shall be 
appointed to the position of Immigration Representative unless he has attended 
the training program prescribed by the Authority for such position and has the 
11 


appropriate qualifications as that of the Attache prescribed in the Qualification 
Standards by the Civil Service Commission. He shall also have the rank, salary 
and emoluments equivalent to an Attache. He shall perform functions as may be 
provided by the Board. 
SEC. 28. Immigration Officers. - The position of Immigration Officer is 
hereby created. No person shall be appointed to the position of Immigration Officer 
unless he is a holder of a bachelor's degree and a first grade civil service eligible. 
The Immigration Officers shall perform the following duties: 
(a) Examine, with the assistance and advice of 
medical 
authorities 
in 
appropriate 
cases, 
foreigners at the port of entry concerning their 
admissibility to enter and their qualifications to 
remain in the Philippines; 
(b) Exclude 
foreign 
nationals 
not 
properly 
documented, and to admit foreign nationals 
complying with the applicable provisions of 
immigration and related laws; 
(c) Administer 
oaths 
in 
connection 
with 
the 
performance of their duties; 
(d) Board and search for foreign nationals on any 
vessel believed to be used to illegally bring 
foreign nationals into the Philippines, and to 
arrest without warrant any foreigner who in his 
presence or view is entering or is about to enter 
the Philippines in violation of immigration and 
related laws, rules and regulations; 
(e) Act as control officer with authority to prevent the 
departure of passengers not complying with the 
departure requirements: and 
(f) Per form 
SUch 
other functions 
as may be 
assigned by the Director General from time to 
time. 
SEC. 29. 
AppOintment and Designation of Employees. 
-
The 
appointment of all other personnel of the Authority, including the designation of 
Acting Immigration Officers, shall be vested in the Secretary upon the 
recommendation of the Director General; Provided, that the Director General may 
designate or assign any employee to other offices within the Authority and/or 
assign him additional or other duties as the best interest or exigency of the service 
may require. 
SEC. 30. ASSignment of Employees to do Overtime Work. -The Director 
General may assign immigration employees to do overtime work or services 
pursuant to rules and regulations to be prescribed at rates fixed by the Director 
General when the work or service to be rendered is to be paid by the airline, 
shipping companies or other persons served. 
SEC. 31. Manning Levels - On the average nationwide, the manning levels 
of the Authority shall be approximately in accordance with immigration officer-to-
12 


number of arrival or port of entry ratio, whatever is deemed practicable which will 
be determined by the Board. Provided, That the number of employees, as 
provided in the staffing pattern in accordance with Section 127 of the Act, shall not 
be decreased. 
TITLE 11\ 
IMMIGRATION 
Chapter 1 - Non-Immigrants 
SEC. 32. Categories of Non-immigrants and Types of Visa Issued. -
Foreign nationals departing from any place outside the Philippines who are 
otherwise admissible and who qualify within 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) - Stay in the Philippines 
for holiday, including sightseeing, recreation 
or visiting relatives; and 
3. Health (A-3 visa) -Stay in the Philippines to 
avail of medical treatment. 
(b)Transit Persons (B Visa) - Persons passing through the 
Philippines solely for a "stop over" who have confirmed 
connecting flight to another country or passengers in 
immediate 
and 
continuous 
transit 
through 
the 
Philippines to a destination outside thereof; 
(c) Crew members (C Visa) - Members of the crew of 
vessels required for the normal operation and servicing 
of the vessels, who come to the Philippines temporarily 
as part of their jobs either arriving with or coming to 
join the vessels; 
(d) Treaty Traders (0-1 Visa) & Treaty Investors (0-2 
Visa) - Citizens and their family members from a 
country that has a trade treaty with the Philippines and 
coming to work in the Philippines for either a company 
they own or one· that is at least fifty percent (50%) 
owned by other nationals of their home country and 
which company is engaged in SUbstantial trade 
between the Philippines and their home country shall 
13 


be granted a D-1 visa. Citizens and their family 
members of a country that has an investor treaty with 
the Philippines and coming to work in the Philippines 
for a business they own or one that is at least fifty 
percent (50%) owned by other nationals of their home 
country and which business is supported by a 
substantial investment from nationals of their home 
country shall be granted a D-2 visa; 
(e) Accredited 
Foreign 
Government 
Officials, 
Their 
Families 
and 
Attendants 
(E 
Visas) 
Foreign 
government officials, their families and attendants 
coming to the country for official purpose, pursuant to 
international conventions and bilateral agreements, 
shall be granted E Visas divided into three (3) types, 
namely: 
1. Persons entitled to E-1 Visa - The E-1 Visa shall be 
issued to 
persons enjoying diplomatic immunities and 
privileges, 
particularly the following classes of foreign 
nationals: 
a. Heads of the State and Heads of Government and their 
personal representatives; 
b. Members of reigning royal families recognized by the 
Philippine Government; 
c. Governors-general, 
governors, 
and 
high 
commissioners of dependent territories and their 
personal representatives; 
d. Cabinet ministers and their deputies and officials with 
cabinet rank of ministers; 
e. Presiding officers of national legislative bodies; 
f. Justices of the highest national judicial bodies; 
g. Diplomats and career consular officials; 
h. Diplomatic 
couriers 
regularly 
and 
professionally 
employed as such; 
i. Military, naval, air and other attaches' assigned to a 
diplomatic mission; 
j. All members of official ad hoc missions of a diplomatic 
character; 
k. Representatives of international organizations who 
have 
diplomatic status 
and 
bearing 
diplomatic 
passports issued by their governments; 
I. Officials 
of 
international 
organizations 
bearing 
diplomatic passports when 
traveling 
on 
official 
business; 
14 


m. Members of delegations proceeding to or from an 
international conference of an official nature; 
n. Accompanying wives and unmarried minor children of 
foreigners within the abovementioned categories; and 
o. Such other officials going to the Philippines on 
Diplomatic missions. 
2. Persons entitled to E-2 Visa - The E-2 visa shall be issued 
to any other person not included in the foregoing 
list, who is an officer of a foreign government 
recognized by the Philippines, is a national of 
the country whose government he represents, 
and 
is 
proceeding 
to 
the 
Philippines 
in 
connection 
with 
official 
business 
for 
his 
government. This category includes, inter alia, 
the members of the staff of an embassy or 
consulate, 
the 
staff 
of 
international 
organizations, 
and 
official 
students 
or 
participants in programs under the auspices of 
the 
Philippine 
Government 
or 
recognized 
international institutions. The family members of 
the abovementioned persons shall also be 
issued E-2 Visa. 
3. Persons entitled to E-3 Visa - The E-3 Visa shall be 
issued to the members of the household, the 
attendants, servants and employees of persons 
to whom E-I and E-2 visas have been granted; 
(f) Students (F Visa) - Foreign students having means 
sufficient for their support and education in the 
Philippines 
who 
seek to 
enter the 
Philippines 
temporarily for the sole purpose of taking up a course 
of study higher than high school at a university 
seminary, academy or college accredited for such 
foreign students by the Director General: Provided, 
That the Director General shall, in collaboration with 
the Commission 
on 
Higher Education, 
regularly 
monitor the status and activities of said foreign national 
students in the Philippines under such arrangements 
as may be agreed by the two agencies; 
(g) Foreigners under 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. These include 
intra-company transferees, professionals, performing 
artists and 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 
15 


• 
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 the doctrines, dogmas or 
tenets of their faith or religion; 
(i) Representatives of International Organizations and 
Government Agencies (I Visa) - Officials and principal 
representatives and foreign workers of accredited 
international organizations as 
well as 
missions, 
including their family members, staff and servants. As 
used 
herein, 
the 
term 
"accredited 
international 
organization" 
includes 
any 
public . international 
organization in which the Philippines participates 
pursuant to any treaty or under the authority of any act 
of the Congress of the Philippines authorizing such 
participation or making an appropriation 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. The term 
"servants" refers to members of the households and 
employees of persons to Whom the E-3 visa 'has been 
granted; 
U) 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 unrestricted 
information 
principally 
for 
dissemination 
abroad, 
including their family members accompanying or 
following to join them during the period of the 
assignment in the Philippines; 
(k)Exchange Visitors (K Visa) - Foreign nationals entering 
the Philippines to teach, study, observe, conduct 
research or receive training in a specific Exchange 
Visitor Program duly approved by the Philippine 
Government; 
(I) Refugees (L-1 Visa) & Stateless Persons (L-2 Visa) -
Refugees as defined in Section 3(x) 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 Director General or 
the President in such class of cases and under such 
conditions as he may prescribe, shall be issued L-2 
Visa; and 
(m) Special Non-Immigrants (M Visas) -
Such other 
foreign nationals including their family members who 
16 


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 ad mission is authorized by the Director 
General or the President in the interest of the public or 
for humanitarian considerations and under such 
conditions as he may prescribe. 
Chapter 2 -Immigrants 
SEC. 33. Quota Immigrants. - Subject to conditions set forth in this Act, 
there may be admitted into the Philippines, immigrants, termed "quota 
immigrants", not to exceed two hundred (200) of anyone nationality based on 
immigration reciprocity for anyone calendar year, and upon allotment by the 
Director General 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; 
(c) 
Third Preference - Spouses or minor children of 
foreign nationals who are lawful permanent 
residents of the Philippines; and 
(d) 
Fourth Preference - Parents of foreign nationals 
who are lawful permanent residents of the 
Philippines. 
SEC. 34. Allotment of Quota. - The Director General shall, in allotting quota 
numbers for the first preference, allot not more than fifty percent (50%) of the 
annual quota allotment up to the end of June each year: Provided, however, That 
if the fifty percent (50%) is not utilized by the first preference, the balance thereof 
shall be given to the second and third preferences following the order of 
preference specified under Section 31 of this Act. Any unused quota allotment for 
a calendar year cannot be carried over and utilized for the ensuing calendar year. 
SEC. 35. Basis in Determination of Quota Allotment. - The nationality of 
an immigrant whose admission is subject to the numerical limitation imposed by 
Section 31 of this Act shall be that of the country of which the immigrant is 'a 
national or a citizen. The nationality of an immigrant possessing dual nationality 
may be that of either of the two countries regarding him as a national or citizen if 
he applies for a visa in a third country. If he applies for a visa within one of the two 
17 


countries regarding him as a national or citizen, his nationality shall be that of the 
country in which he shall file his application for a visa to enter the Philippines. 
SEC. 36. Non-Quota Immigrants. - The following immigrants, termed 
"nonquota immigrants", may be admitted without regard to numerical limitation and 
immigration reciprocity: 
(a) The spouse of a Philippine citizen: Provided, 
however, That the abandonment and failure to 
give support by the foreign spouse to his Filipino 
wife and family, legal separation, or termination of 
the marital status by annulment 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 child born to a foreign mother during her 
temporary visit abroad, the mother being a lawful 
permanent 
resident 
of 
the 
Philippines, 
if 
accompanied by or coming to join the mother who 
applies for admission within five (5) years from the 
birth of the child; 
(c) A child born subsequent to the issuance of the 
immigrant visa of the accompanying parent, the 
visa not having expired or revoked; 
(d) A foreign national who had been previously 
lawfully 
admitted 
into 
the 
Philippines 
for 
permanent residence, who is returning from a 
temporary visit abroad to an 
unrelinquished 
residence in the Philippines; and 
(e) A natural born citizen who becomes a naturalized 
citizen of a foreign country, and is returning to the 
Philippines for permanent residence therein, 
including 
his 
spouse 
and 
minor 
children 
accompanying or following to join him, except 
those who have re-acquired or retained their 
Philippine citizenship pursuant to Republic Act No. 
9225. 
SEC. 37. Status of Children Born to Foreign Nationals. - A child born in 
the Philippines to parents who are foreign nationals and lawful residents of the 
Philippines shall be deemed a native-born permanent resident. However, a child 
born to parents who are both non-immigrants shall be deemed a native-born non-
immigrant or temporary resident and may remain in the Philippines only during the 
period of authorized stay of the parents, unless he reaches the age of eighteen 
(18) years while continuously residing in the country, in which case he may apply 
for an appropriate visa or naturalization under existing laws. 
Chapter 3 -Adjustment of Status 
SEC. 38. Conditions for Adjustment of Status of Foreign Nationals. -
The status of a foreign national admitted into the Philippines as non-immigrant 
may be adjusted by the Board, in their discretion and under such regulations as 
18 


the Director General may prescribe, to that of a foreigner lawfully admitted for 
permanent residence 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 for permanent residence: and (c) a quota 
immigrant visa, if such is the case, is immediately available to him at the time his 
application is filed, without the need of first departing from the Philippines. In all 
such cases, the personal appearance of the foreigner shall be required during the 
consideration of his application. 
SEC. 39. Effect of Approval on Application for Adjustment. - Upon the 
approval of an application for adjustment of status under the preceding section, 
the Director General shall record the foreign national's lawful admission for 
permanent residence as of the date of approval of the application. The Director 
General shall reduce by one the number of the preference immigrant visa 
authorized to be issued under Section 33 of this Act within the class to which the 
foreign national is chargeable for the calendar year then current, if such be the 
case. 
SEC. 40. Adjustment of Status, When Not Allowed. - Adjustment of 
status under Section 36 of this Act shall not be applicable to (a) a foreign 
crewman, (b) a foreign national who hereafter continues in or accepts 
unauthorized employment prior to filing of his application or who is in unlawful 
immigration status on the date of filing of his application or who has failed (other 
than through no fault of his own or for technical reasons) to maintain continuously 
a lawful status since entry into the Philippines, (c) a foreign national admitted as a 
temporary visitor without visa, and (d) transients. 
Chapter 4 - Documentation and Admission of Non-Immigrants 
SEC. 41. Documentary Requirements of Non-immigrants. -
Non-
immigrants must present for admission into the Philippines valid passports issued 
by the governments of the countries to which they owe allegiance or other travel 
documents showing their origin and identity as prescribed by regulations and a 
valid visa granted by the Authority or Philippine Consular Officer, if required under 
existing laws, rules, regulations, or multi-later~1 or bilateral agreements. 
SEC. 42. Conditions and Period of Authorized Stay of Temporary 
Visitors. - The initial period of authorized stay of a foreign national admitted as a 
temporary visitor under Section 30, paragraph (a) of this Act shall not exceed two 
(2) months from the date of arrival. Extensions of authorized stay may be granted 
under terms and conditions as may be prescribed by the Director General 
Provided, That the total period of authorized stay shall not exceed twenty-four (24) 
months: Provided further, That during the foreign national's authorized stay: (a) he 
shall not take any employment, whether paid or unpaid; (b) he shall not establish 
or join in any business; or (c) he shall not end and become a student at a school, 
college, university, academy, or other educational institution, unless he is granted, 
upon proper application, a conversion to another immigration status provided 
under this Act. 
SEC. 43. Conditions for Issuance of Pre-arranged Visas. - A visa for a 
Non-immigrant referred to in Section 30, paragraph (9) of this Act who is coming to 
the Philippines for prearranged employment shall not be issued by a consular 
officer until the consular officer shall have received authorization for the issuance 
of the visa. Such authorization shall be given only upon petition filed with the 
Board establishing that no person can be found in the Philippines willing and 
19 


• 
competent to perform the work or service for which the nonimmigrant is desired 
and that the non-immigrant's admission would be beneficial, to the public interest. 
The petition shall be made under oath, in the form and manner prescribed by 
regulations, by the prospective employer or his representative. The petition shall 
state fully the nature of the work or service for which the nonimmigrant is desired, 
the probalJle length of time for which he is to be engaged, the salary and other 
compensation which he is to receive, the reasons why a person in the Philippines 
cannot be engaged to perform the work or service for which the nonimmigrant is 
desired and why the non-immigrant's admission would be beneficial to the public 
interest. The petition shall be accompanied by a certified copy of any written 
contract or agreement entered into for the non- immigrant's service and shall 
contain such additional information as may be deemed material. Substantiation of 
all the allegations made in the petition shall be required and the allegations that no 
person can be found in the Philippines willing and competent to perform the work 
or service for which the nonimmigrant is desired and that the non-immigrant's 
admission would be beneficial to the public interest shall be established beyond 
doubt by convincing and satisfactory evidence. If the Board finds that the petition 
complies with the requirements of the preceding paragraph and that the petitioner 
has established the facts entitling him to the authorization, the Board shall grant 
the petition and he shall so inform the petitioner and promptly transmit 
authorization to the Consular Office at which the non-immigrant is to apply for a 
visa. 
SEC. 44. Submission of Crew List and Passenger Manifest to the 
Authority. - Simultaneous to the departure from the vessel's port of origin, the 
master, captain, agent, owner or consignee of any commercial vessel arriving to 
the Philippines shall submit to and received by the Authority within a reasonable 
time prior to such arrival, the crew lists, passenger manifests and such other 
information concerning the persons arriving on such vessel. In the same rnanner 
and condition, the master, captain, agent, owner or consignee of any cornmercial 
vessel departing from any port in the Philippines shall submit to the Authority 
within a reasonable time prior to such departure, the crew list, passenger manifest 
and such other information concerning the persons departing on such vessel. The 
crew lists, of an incoming sea craft shall be duly visaed by the appropriate 
Philippine official abroad. 
SEC. 45. Inspection of Crewmembers. - It shall be the duty of the master, 
agent, owner or consignee of any vessel arriving in the Philippines to have 
available on board, for inspection by the immigration officer, any foreign 
crewmernber employed on such vessel and to detain such crewmember on board 
after inspection and to remove such crewmember when required by the 
immigration authorities. No crewmember employed on board such vessel shall be 
paid off or discharged while the vessel is in port without the permission of the 
Director General. 
, 
SEC. 46. Permission for temporary landing of foreign crewmembers. -
A foreign crewmember employed on a vessel arriving in the Philippines may be 
permitted to land temporarily under such conditions as shall be prescribed by the 
Authority. The expenses incurred while on land or awaiting repatriation, for 
medical treatment in a hospital or elsewhere, burial in the event of death, and for 
transfer to the vessel in the event of return of any crewmember shall be borne by 
the master, captain, agent, owner or consignee of the carrying vessel. 
Chapter 6 -Asylum 
20 


• 
SEC. 47. Asylum Seekers, Grant of Refugee Status. - Asylum seekers 
may apply for recognition of refugee status upon seeking admission at any port of 
entry or at any reasonable time after admission. Refugee status shall be granted 
after a determination by the Board that an applicant meets the qualifications of a 
refugee as defined in Section 3 hereof. Refugee status shall not be granted to an 
applicant if: 
(a) He has committed a crime against peace, a war 
crime, or crime against humanity as defined in 
international laws; 
(b) He has committed a serious non-political crime 
outside the Philippines prior to his admission as a 
refugee; or 
(c) He has been guilty of an act contrary to the 
purposes and principles of the United Nations. 
SEC. 48. Cessation of Refugee Status. - Refugee status granted under 
the previous section shall cease if a refugee: 
(a) Voluntarily re-availed of the protection of the 
country of his nationality, or having lost his 
nationality 
voluntarily 
re-acquired 
the 
lost 
nationality, or voluntarily re-established himself in 
the country he left or outside of which he 
remained owing to fear of persecution; 
(b) Acquired a new nationality and enjoys the 
protection of the country of the new nationality; or 
(c) Can no longer continue to refuse to avail the 
protection of the country of his nationality or, not 
having a nationality, is able to return to the 
country of former habitual residence in view of the 
cessation of the reasons that resulted to his being 
a refugee: Provided, That this ground shall not 
apply if a refugee is able to invoke compelling 
reasons arising out of previous persecution for his 
refusal to avail of the protection of his country of 
habitual residence or nationality. 
SEC. 49. Effect of Grant of Refugee Status to Refugee Dependents. - A 
spouse, minor child, and other dependents of a refugee who is granted asylum 
may, if not otherwise eligible for asylum under Section 45, be granted the same 
status as the refugee to assure family unity or when it is in the public interest. 
SEC. 50. Confidentiality of Information. -
In proceedings for the 
recognition of asylum or refugee status, the confidentiality of information shall be 
respected and no information relating to the refugee or asylum seekers shall be 
shared with the country of origin, directly or indirectly. 
SEC. 51. Burden of Proof. - In proceedings for the recognition of asylum or 
refugee status, the burden of proof lies with the applicant, subject to the principle 
of non-refoulment. 
21 


• • 
SEC. 52. Stay of Exclusion or Removal of Asylum Seeker. -
Notwithstanding the provisions of Sections 75 and 83, the exclusion from entry 
and removal of a foreigner shall be stayed during the pendency of an application 
for asylum, refugee, or humanitarian status. Where grounds under Section 75 are 
present, the asylum seeker or refugee shall be allowed entry and the application 
shall be immediately referred by the Immigration Officer to the Board of Special 
Inquiry. 
SEC. 53. Detention of Asylum Seeker. - Detention of asylum seekers shall 
only be resorted to in cases arising out of illegal entry or unauthorized stay after 
consideration of other alternatives, as may be determined by the Director General. 
Chapter 6 - Documentation and Admission of Immigrants 
SEC. 54. Documentary Requirements of Immigrants; Instances when 
not required. - Immigrants must present for admission into the Philippines valid 
passport or travel documents issued by the government of the country to which 
they owe allegiance, showing their origin and identity and valid visas issued by the 
Board or Philippine consular officer indicating the date of issue and the period of 
validity thereof. Immigrant visas, however shall not be required of the following: 
(a) A child born subsequent to the issuance of a 
valid immigrant visa to the accompanying 
parent; 
(b) A child born during the temporary visit abroad 
of the mother who is a lawful permanent 
resident of the Philippines and a holder of a 
valid reentry permit, if the child is accompanied 
by either parent within five (5) years from the 
date of the child's birth; and 
(c) A 
foreigner 
who 
is 
returning 
to 
an 
unrelinquished lawful permanent residence in 
the Philippines after a temporary residence 
abroad and presents for admission a valid 
reentry permit. 
Chapter 7 -Visa Issuance 
SEC. 55. Nature of Visa. - Nothing in this, Act shall be construed to 
automatically entitle any foreign national to whom a visa or other travel document 
has been issued to enter the Philippines if, upon arrival at a port of entry, he is 
found to be inadmissible under this Act or any other law. 
SEC. 56. Requirements for Issuance. of Visa. - Under the conditions and 
subject to the limitations prescribed in this Act or regulations issued hereunder, the 
Board may approve the issuance of the following visa, upon the recommendation 
of a consular officer: 
(a) A non-immigrant visa to a foreign national who has 
made proper application therefor, which shall specify 
the classification of the non-immigrant under Section 
30 of this Act, the period during which the visa shall 
22 


be valid, and such additional information as may be 
required; and 
(b) An immigrant visa to a foreign national who has made 
a proper application therefor, which shall specify the 
foreign country, if any, to which quota the number is 
charged, the immigrant's particular status in such 
country, the preference to which the foreigner is 
classified, the date on which the validity of the visa 
shall expire, and such additional information as may 
be required. 
SEC. 57. Requirements for Physical and/or Mental Examination Prior to 
Issuance of Immigrant Visa. - Prior to the issuance of an immigrant visa to any 
foreign national, the consular officer shall require such person to submit to a 
physical and mental examination in accordance with such regulations as may be 
prescribed by the Board. 
SEC. 58. Validity of Visa. -A non-immigrant or immigrant visa issued by a 
consular officer abroad pursuant to the immediately preceding section shall be 
valid for a period not exceeding six (6) months. In prescribing the period of validity 
of a non-immigrant visa, the consular officer shall, insofar as practicable, accord to 
such nationals the same treatment upon a reciprocal basis as such foreign country 
accords to citizens of the Philippines who are within a similar class. An immigrant 
visa may be replaced under the original number during the calendar year in which 
the original visa was issued for a foreigner who establishes to the satisfaction of 
the consular officer that he was unable to use the original immigrant visa during 
the period of its validity for reasons beyond his control: Provided, That the foreign 
national is found by the consular officer to be eligible for another immigrant visa 
and has paid all the fees. 
SEC. 59. Denial of Visa, Grounds Thereof - The consular officer may deny 
the application for visa (a) if it appears from the statements in the application or in 
the documents submitted the applicant is not entitled to a visa under this Act; or 
(b) if he fails to comply with the requirements of the provisions of this Act. 
SEC. 60. Revocation of Visa issued by Consular Officer. - The Director 
General may, for valid cause, revoke the visa issued by any Philippine consular 
office and the latter shall be notified thereof through the Secretary of the 
Department of Foreign Affairs. If the notice of revocation is not received and the 
visa holder applies for admission into the Philippines, his admissibility shall be 
determined by the Immigration Officer upon his arrival at the port of entry. 
Chapter 8 - Re-entry and Emigration Clearance 
SEC. 61. Reentry. - Every time a registered foreign national, except a 
temporary visitor, departs or about to depart temporarily from the Philippines with 
intention to return must pay a re-entry fee, emigration clearance fee and head tax: 
Provided, That said foreign national returns to the Philippines within a period of 
one (1) year from his departure in order to maintain his visa category, otherwise, 
he shall apply for an extension of the period within which to return prior to its 
expiration and pay the prescribed fees and charges therefor: Provided, further, 
that if his authorized stay is less than one (1) year, he shall pay a special return 
fee, emiwation clearance fee and head tax for every departure: Provided, finally, 
that in both cases, if the registered foreign national depart permanently from the 
Philippines, he shall surrender all his Philippine immigration documents to the 
23 


Authority, and apply for and be issued an Emigration Clearance Certificate upon 
payment of the prescribed fees and charges therefor, subject to the following 
conditions: 
(a) He 
has 
no 
pending 
government 
or 
any 
instrumentalities; 
obligation 
with 
the 
of 
its 
agencies 
or 
(b) He 
has 
no 
pending 
criminal, 
civil, 
or 
administrative proceeding which requires his 
continued presence in the country: and 
(c) There is no ongoing legislative inquiry where he 
is called upon to testify as a witness. 
SEC. 62. Emigration Clearance. - Any temporary visitor departing from the 
Philippines shall, after the expiration of his initial authorized stay, apply for 
emigration clearance with the Authority and pay the prescribed fees and charges 
therefor. 
Chapter 9 - Presidential Prerogatives 
SEC. 63. 
Presidential Prerogatives. -
Any provision of this Act 
notwithstanding, the President may: 
(a) Deny 
the 
entry 
and 
admission 
into 
the 
Philippines of any foreign national or a class of 
foreign nationals whenever the President finds 
that the entry would be detrimental to the interest 
of the Philippines or impose such restrictions as 
he may deem appropriate; 
(b) Waive 
passport 
and/or 
documentary 
requirements for non-immigrants and immigrants 
under such terms and conditions as he may 
prescribe; 
(c) Change the status of non-immigrants by, 
allowing them to acquire permanent resid ence 
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 consideration and 
when not detrimental to public interest, under 
such terms and conditions as he may prescribe; 
(f) Prohibit the departure from the Philippines of 
any person who is likely to disclose national 
security Information, or who is likely to organize a 
rebellion abroad against the Philippines: or 
whose presence in the country is necessary to 
face or be a witness in criminal proceedings; and 
24 


(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 Port of Entry 
SEC. 64. Authority to Classify Ports. - The Director General shall classify 
and designate, from among the ports' of entry established by law for immigration 
purposes, limited or unlimited ports of entry through which foreigners may be 
admitted into the Philippines. Only such classes of foreigners as provided under 
the rules and regulations prescribed by the Director General may be admitted at 
limited ports of entry. The Director General may, after due notice to the public, 
close designated ports of entry in the interest of national security or public safety. 
Chapter 2 -Procedures on Arrival 
SEC. 65. Inspection by ImV'igration Officer. - A foreigner seeking 
admission or readmission shall present his valid passport and visa, if required, to 
the immigration officer at the port of entry to the Philippines and shall be subject to 
primary inspection. The decision of the examining immigration officer, if favorable 
to the admission of any foreigner, may be challenged by another immigration 
officer. The final determination of admissibility of such foreigner shall be 
determined by a Director General, in case no resolution is reached between the 
immigration officers on the challenged admission. In case of admission, the 
immigration officer shall indicate in the passport the date, the port of entry and the 
identity of the vessel boarded. 
SEC. 66. Detention or Quarantine for Examination. - For the purpose of 
determining whether a foreigner arriving at any port in the Philippines belongs to 
any of the classes excludable under this Act, by reason of being afflicted with any 
of the contagious or communicable disease or mental disorder set forth under 
Section 75(a) of this Act or whenever the Director General has received 
information showing that foreigners are coming to the Philippines from a country or 
have embarked at a place where any of such diseases are prevalent or epidemic, 
the foreigner shall be detained. or quarantined for a reasonable period of time to 
enable the immigration and medical officers to subject such person to observation 
and examination. 
SEC. 67. Medical Examination Requirement -
Any arriving foreign 
national whom the examining immigration officer believes to belong under the 
class of excludable foreign nationals specified in Section 78(a) herein shall be 
referred to designated medical officers for physical and mental examination. Such 
medical 'officer shall certify his medical findings for the information of the 
immigration officer. 
SEC. 68. Arrival Notice Requirements of Vessel. - The immigration 
authorities shall be furnished with an advance notice of the arrival of any civilian 
vessel at or nearest such place of first landing before such vessel comes into any 
area in the Philippines from any place outside thereof. If dependable facilities for 
giving such notice are not available before departure from the port of origin, any 
25 


communication equipment or device in the vessel shall be used in giving advance 
notice of vessel's arrival, otherwise a landing shall be made at a place where the 
communication facilities exist. Such advance notice shall not be required in the 
case of vessels with scheduled arrivals filed with the immigration officer in charge 
at the international port of entry. If, upon arrival in any area other than the 
designated port and there is no available immigration officer therein, the master, 
pilot, captain, agent or consignee shall not allow the passengers and crew 
members to disembark or leave the primary inspection area until the immigration 
officer shall have conducted the primary inspection formalities. 
SEC. 69. Contents of Notice of Arrival. - The advance notice of arrival 
required in the preceding section shall specify the following: 
(a) 
Type of vessel and registration marks; 
(b) 
Visaed crewlist; 
(c) 
Passenger manifest; 
(d) 
Port of last departure; 
(e) 
International port of intended destination, or 
other place authorized by the Director 
General; 
(f) 
Estimated time of arrival; and 
(g) 
Authorized agent or representative at the 
place of arrival. 
Chapter 3 - Foreign Crewmember 
SEC. 70. Conditional Permit to Disembark. - A foreign crewmember of a 
vessel under Section 30, paragraph (c) of this Act, may be granted a conditional 
permit, in a form prescribed by regulations, to disembark temporarily from the 
vessel on which he arrived while such vessel remains in port under terms and 
conditions as may be prescribed by the Director General. 
. 
SEC. 71. Confiscation and Cancellation of Permit; Removal from the 
Philippines. - Upon the determination that the foreigner is not a bona fide 
crewmember or does not intend to depart on the vessel that brought him, the 
Director General shall cancel and confiscate the conditional permit already issued, 
take such foreigner into custody, and require the owner, operator, captain, master, 
pilot, agent or consignee of the vessel on which the foreigner arrived to receive 
and detain him on board. The expenses for his removal, including the cost of 
detention and other expenses incidental thereto, shall be borne by the owner, 
operator, captain, master, pilot, agent or consignee of such vessel. 
SEC. 72. Liability for Overstaying Foreign Crewmen. - A foreign 
crewmember who remains in the Philippines in excess of the period allowed in the 
conditional permit issued to him shall be solidarity liable with owner, operator, 
captain, master, pilot, agent or consignee of the vessel to pay the penalties 
prescribed in Section 124 of this Act. 
26 


SEC. 73. Liability for Unauthorized Pay-off or Discharge Foreign 
Crewmen. - It shall be unlawful for any person, including the owner, operater, 
captain, master, pilot, agent or censignee .of any vessel te pay-off .or discharge 
any. 'fereign crewman empleyed en beard a vessel arriving in the Philippines and 
whilst in pert, witheut first .obtaining the permissien .of the Director General, 
.otherwise,' such person .or .owner, eperater, captain, master, pilet, agent .or 
censignee .of the vessel shall pay the Autherity such fine as may be prescribed in 
Title VI; Chapter 7 .of this Act. Ne such vessel shall be granted clearance frem any 
pert in the Philippines while such fine remains unpaid or while the validity thereef 
is being determined: Provided, That clearance may be granted prier te such 
determination upon deposit of a sum or cash band sufficient ta caver such fine as 
approved by the Directer General. 
SEC. 74. Duty to Report Desertion or Illegal Landing of Foreign 
Crewmen. -The .owner, operater, captain, master, pilet, agent .or consignee .of any 
vessel shall immediately repert, in writing, te the immigratian .officer all cases .of 
desertian .or illegal disembarkatien in the Philippines frem the vessel, together with 
a descriptien .of such fereigner and any information that shall result in his 
apprehension. 
SEC. 75. Requirement for Submission of List of Newly Employed, 
Discharged and Illegally Landed. - Prior te the departure of any vessel frem the 
last pert in the Philippines destined to any place .outside thereef, the owner, 
operator, captain, master, pilot, agent or consignee thereof shall deliver to the 
immigration officer at that port a list cantaining: (a) the names of foreign crewmen 
who were not employed thereon at the time of the vessel's arrival on such pert but 
will depart thereat on the same vessel; (b) the names of those, if any, who have 
been paid off or discharged; and (c) these who have deserted .or illegally landed at 
that port, if any, the Director General may require said list te contain additional 
information as he deems necessary. 
SEC. 76. Liability for Failure to Submit Complete, True and Correct 
Report. - In case the owner, agent, consignee, or captain fails to submit a true 
and complete lists or report of foreigners, or to report cases of desertion or illegal 
landing as required by Sections 75 and 76 of this Act, such .owner, agent, 
consignee, .or captain shall pay te the Authority such sum as may be prescribed in 
Title VI, Chapter 7 hereof. No such vessel. Shall be granted clearance from any 
port in the Philippines while such fine remains unpaid or white the validity thereof 
is being determined: Provided, That clearance may be granted prior to such 
determination upon deposit .of a sum .or cash bend sufficient te cever such fine as 
appreved by the Directer General. 
Chapter 4 - Exclusi.ons 
SEC. 77. Exclusion Gr.ounds. - The fell.owing classes .of fereign natienals 
shall net be allewed entry and shall be excluded frem the Philippines: 
(a) Health Related Greunds 
1. These who are feund te be suffering frem a 
cemmunicable, 
dangerous .or centagieus 
disease; 
2. These whe are feund te be suffering frem 
mental disorder .or asseciated behavier that 
27 


may pose threat to persons or danger to 
property; 
3. 
Those who are found to be suffering from 
addiction 
to 
prohibited 
or 
regulated 
substance; 
(b) Economic Grounds 
1. 
Those likely to become a public charge; 
2. 
Those seeking entry for the purpose of 
performing skilled or unskilled labor, without 
the certification of the Secretary of the 
Department of Labor and Employment as 
required by law; 
(c) Moral Grounds 
1. Those coming to the Philippines to practice 
polygamy or who advocates the practice of 
polygamy unless his religion allows such 
practices; 
2. 
Those who are pedophiles, sexual perverts or 
those coming to the Philippines for immoral 
purposes; 
3. Those who are engaged or who seek to 
engage in prostitution or to procure or attempt 
to procure prostitutes, or who receives in 
whole or in part the proceeds of prostitution; 
4. Those who at the time of primary inspection 
by 
the 
immigration 
officer 
exhibit 
any 
obnoxious behavior, contempt or disrespect 
for the said officer or any government official 
or authority; 
(d) Criminal and Security Grounds 
1. Those who have been convicted of a crime 
involving moral turpitude or who admit to the 
immigration officer having committed such 
crime, or who attempt and conspire to commit 
the crime; 
2. 
Those who have been convicted, or who 
admit having committed, or are committing 
acts which constitute the elements of a 
violation or conspiracy to violate any law or 
regulation of the Philippines or a foreign 
country relating to controlled, regulated or 
prohibited substance, or who attempt or 
conspire to commit the crime; 
28 


3. Those that the Philippine government knows 
or has reason to believe is a trafficker in any 
controlled, regulated or prohibited substance 
or knows or has reason to believe is or has 
been a knowing assister, abettor, conspirator 
or colluder with others in the illicit trafficking in 
any 
controlled, 
regulated 
or 
prohibited 
substance; 
4. Those coming to the Philippiries to engage in 
any other unlawful commercialized vice; 
5. 
Those who are fugitives from justice; 
6. 
Those who seek to enter the Philippines to 
engage in; 
a. Espionage or sabotage, or a violation or evasion 
of any 
laws 
prohibiting 
export of goods, 
technology or sensitive information; 
b. Any activity aimed to promote membership in an 
organization of syndicated criminal activities; 
c. Any activity, the purpose of which is to overthrow 
the Philippine government by force, violence or 
other unlawful means; and 
d. Any other unlawful activity. 
7. Those who are engaged or believed to be 
engaged or likely to engage in, aid, abet or 
finance any terrorist activity and members or 
representatives 
of 
a 
foreign 
terrorist 
organization; 
8. Those who have been identified by competent 
authorities, 
local 
or foreign, 
as 
having 
engaged or are engaging in human trafficking 
and smuggling; 
9. Those who under fifteen years of age, 
unaccompanied by or not coming to a parent, 
except that they may be admitted in the 
discretion of the Director General, if otherwise 
admissible; and 
10. 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. 78. Temporary Detention of Excludable Foreigners. - For the 
purpose of ascertaining whether a foreigner arriving in the Philippines belongs to 
any of the excludable classes of foreigner provided in this Act or related laws, the 
immigration officer may temporarily detain for investigation such foreigner, either 
29 


on board the vessel or at a place designated for the purpose at the expense of the 
master, captain, agent owner or consignee of the carrying vessel. 
SEC. 79. Finality of Exclusion Order. - An order by the immigration officer 
to exclude a foreign national who is excludable under Section 75 hereof is final 
and executor unless revoked by the Director General upon a timely appeal prior to 
the implementation of the exclusion order. 
SEC. 80. Authority to Waive Grounds for Exclusion. - Except for grounds 
of exclusion under Section 78, paragraph D, subparagraphs 1 to 8 and 
subparagraph 10, the Director General may waive any of the g rounds for exclusion 
mentioned thereof. 
SEC. 87. Procedure of Removal and Cost Thereof. -Any foreign national 
arriving in the Philippines who is ordered excluded shall be immediately removed, 
in the same accommodation to the country where he boarded the. Vessel on 
which he arrived, unless the Director General determines that immediate removal 
is not proper and practicable. The cost of detention and other expenses incident 
thereto. shall be borne by the owner, operator, master, pilot, captain, agent or 
consignee of the vessel in which he arrived. 
SEC. 82. Country Where Removal is to be Directed. - If the government 
of the country designated in the preceding section will not accept the foreign 
national into its territory, his removal shall be directed by the Director General, in 
his discretion and without necessarily giving or preference, either to: 
(a) The country which he is a citizen or national; 
(b) The country of birth; 
(c) The country of his habitual residence; or 
(d) The country willing to accept the foreign 
national into its territory, if removal to any of 
the foregoing 
country is 
impractical 
or 
impossible. 
SEC. 83. Obligation of Captain or Transport Operator. - It shall be 
unlawful for an owner, operator, master, captain, pilot, agent, or consignee of a 
vessel to refuse or fail to: 
(a) board 
a 
foreigner 
ordered 
excluded 
and 
removed under Section 78 hereof in the same 
vessel or another vessel owned or operated by 
the same company; 
(b) detain a foreign national on board any such 
vessel at the port of arrival when required by this 
Act or when so ordered by a immigration officer; 
(c) deliver a foreign national for medical or other 
examination When so ordered by such officer; 
(d) remove a foreign national from the Philippines 
to the country to which his removal has been 
directed; or 
30 


(e) pay the cost of detention and other expenses 
incidental thereto of a foreign national incurred 
while being detained as required by Section 79 
of this Act or other costs necessary or incident to 
his removal as provided in subsequent sections 
of this Act. 
SEC. 84. Penalty for Non-compliance of Obligation. - The owner, 
operator, master, captain, pilot, agent, or consignee of a vessel who violated 
Section 84 hereof shall pay the fine imposed in Title VI, Chapter 7 of this Act. No 
such vessel shall be granted clearance from any port in the Philippines while such 
fine remains 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 fine as approved by the Director General. 
TITLE V 
REMOVAL 
Chapter 1 - Removable Foreign Nationals 
SEC. 85. Classes of Foreigners Subject of Removal. - The following 
foreigners shall be arrested upon the order of the Director General and removed 
after hearing and recommendation by the Board of Special Inquiry and approval by 
the Board of Directors General: 
(a) Those who entered the Philippines by means 
of false 
and 
misleading 
statements 
or 
documents, misrepresentations, or without 
inspection and admission by the immigration 
authorities; 
(b) Those who entered the Philippines who were 
not lawfully admissible at the time of entry; 
(c) Those who engage, abet or aid in the practice 
prostitution including the owner, manager or 
inmates of a house of prostitution or are 
procurers, pedophiles, or sexual perverts; 
(d) Those who, at any time after the date of 
entry, have become a public charge; 
(e) Those who remain in the Philippines in 
violation of any period 
of limitation or 
condition under which they were admitted; 
(f) Th ose who believe in, advise, advocate or 
teach the overthrow by force and violence of 
the government of the Republic of the 
Philippines, or duly constituted authority, or 
who do not believe in or are opposed to 
organized government, or those who advise, 
advocate, 
or 
teach 
the 
assault 
or 
assassination of public officials because of 
their office, or who advise, advocate, or teach 
the unlawful destruction of property, or who 
are members of or affiliated with 
any 
31 


organization 
entertaining, 
advocating 
or 
teaching such doctrines or who in any 
manner whatsoever lend assistance, financial 
or otherwise, to the dissemination of such 
doctrines; 
(g) Those who at any time after entry engage in, 
abet, aid or finance terrorist activity; 
(h) Those who commit any violations of the 
provisions of this Act, independent of any 
criminal action which may be brought against 
them; Provided, however, That in the case of 
a foreigner who for any reason is convicted 
and sentenced to suffer both imprisonment 
and removal, said foreigner shall first serve 
the entire period of his sentence before being 
removed; 
Provided, 
further, 
That 
the 
imprisonment 
may 
be 
waived 
by 
the 
President, and upon payment by the foreigner 
concerned 
of such 
costs; 
fines 
and/or 
damages suffered by the government or any 
aggrieved party; 
(i) Those who, at any time after entry, are 
engaged in acts or omissions punishable 
under Philippine penal laws cognizable by the 
Regional Trial Court; 
OJ 
Those who, at any time after entry, are 
convicted by final judgment of a crime 
punishable 
under Philippine 
penal 
laws 
cognizable by the Municipal Trial Court; 
(k) Those who are guilty of any offense penalized 
under 
the 
naturalization 
laws 
of 
the 
Philippines or any law relating 
to 
the 
acquisition of Philippine citizenship; 
(I) Those who 
defraud 
their 
creditors 
by 
absconding or alienating properties to prevent 
their attachment or execution; 
(m)Those who were admitted as non-immigrants 
and who obtained an adjustment of their 
admission status for convenience, or through 
fraud, 
falsification 
of 
documents, 
misrepresentations, 
or 
concealment 
of 
material facts; 
(n) Those who violated Philippine labor and 
taxation laws, rules and regulations; 
(0) Those who, upon prior investigation and 
hearing, are found to be undesirable and 
whose further stay in the Philippines is 
inimical to public welfare and interest, or the 
32 


dignity of the Filipinos, or the Republic of the 
Philippines as a sovereign nation; 
(p) Those who forge, counterfeit, alter, or falsely 
make any document; or use, attempt to use, 
possess, obtain, accept, or receive or provide 
any forged, counterfeit, altered, or falsely 
made document; or use or attempt to use or 
provide or attempt to provide other than tile 
possessor (including a deceased individual); 
or accept or receive or provide any document 
lawfully issued to a person other than the 
possessor (including a deceased individual) 
for the purpose of satisfying or complying with 
the 
requirements 
for 
his 
stay 
in 
the 
Philippines; and 
(q) Those whose presence or activities in, the 
country may result in adverse consequences 
to Philippine foreign policy as determined by 
the Secretary of the Department of Foreign 
Affairs. 
SEC. 86. Rules on Prescription in Removal Cases. - The right of the 
State to initiate at any time removal proceedings for causes mentioned in 
paragraphs (a), (b), (c), (d), (e), (f), (g), (h), (m), (n) and (0) of Section 86 of this 
Act, shall 'not prescribe: Provided, That no removal proceedings may be initiated 
under any other paragraphs of the aforesaid Section 86, unless the apprehension 
in the removal proceedings is made within (5) years after the cause for removal 
arises. Removal for causes mentioned in paragraphs (a), (c), (g), (i), (I), (0) and (q) 
of the same section shall not be effective, unless the court when sentencing the 
foreigner recommends otherwise. 
Chapter 2 - Detention and Removal of Foreign Nationals 
SEC. 87. Issuance of Summons. - If the Director General determines that 
there exists a reasonable ground to remove a foreigner pursuant to Section 86 of 
this Act, he may issue summons requiring the foreigner to appear in person before 
the designated investigating officer at the time, date, and place stated therein. 
SEC. 88. Authority to Issue Letter Order. -The Director General may 
issue a letter order if he determines that a probable cause exists for the filing of 
removal charges against a foreigner for violation of the immigration and other 
related laws, rules and regulations or there is a strong probability that a removable 
foreigner may flee from his place of abode, go into hiding or surreptitiously leave 
the country. 
SEC. 89. Formal Charge of Removal. -A formal charge for removal shall 
be issued upon determination of the existence of a prima facie case against the 
foreigner. Pending final determination of his removal case, the foreigner shall, 
upon the discretion of the Director General: (a) remain under detention; or (b) be 
released on bail or recognizance. The bail may be revoked and confiscated in 
favor of the government .if there is sufficient evidence that the foreigner is evading 
33 


• 
the proceedings or is attempting to abscond, in which case, he shall be taken into 
custody and detained under the same letter order. 
SEC. 90. Detention of Foreigner Convicted of a Felony or an Offense. -
After service of his sentence or compliance with the conditions of his parole or 
probation,' as the case may be, the foreigner shall be taken into custody and, 
placed under detention by order of the Director General. Pending final 
determination of his removal case, he may be ordered released under such terms 
and conditions prescribed by the Director General. 
SEC. 91. Voluntary Removal, When Authorized. - In case the foreigner 
does not contest the formal charge and opts to voluntarily leave the country at his 
own expense, the Board may waive the removal proceedings and order his 
departure within the period specified therein: Provided, That said foreigner shall be 
barred from re-entering the county without prior written authori,zation from the 
Director General. 
SEC. 92. Contents of a Writ of Removal. - The writ of removal shall be in 
the prescribed form and shall state the grounds therefor, the specific place where 
the foreigner is to be removed and the period within which to execute such order. 
SEC. 93. Period to Enforce Writ of Removal. - The writ of removal shall 
be enforced immediately, but in no case shall exceed the period of three (3) 
months, from the date it has become final and executory. If removal is not 
enforced within the prescribed period for reasons beyond the control of the 
Authority, the foreigner shall remain in custody. 
SEC. 94. Suspension of Writ of Removal. - Upon application and payment 
of prescribed fees, the Director General may suspend the enforcement of the writ 
of removal of a foreigner and order his release for good cause taking into account 
the following factors: 
(a) Age, health, family or conduct; 
(b) Period of detention; 
(c) Impact on national security and public welfare; 
(d) Unavailability of travel documents; 
(e) Existence of an application for refugee status; 
(f) Other humanitarian considerations. 
SEC. 95. Reinstatement of the Writ of Removal. - A Writ of Removal 
previously enforced against a foreigner who unlawfully re-entered the Philippines 
shall be deemed reinstated and shall be re-enforced in accordance with the 
proviSions of this Act. This provision shall apply to a foreigner who departed 
voluntarily under Section 92 hereof. 
SEC. 96. Country of Destination of a Person Subject of Removal. -
Except as provided for under existing treaty or international agreement, the 
foreigner shall be removed to the country of which he is a citizen or national, or to 
the country of his birth, or to the country of which he is a resident, or to the country 
from which he embarked for the Philippines, subject to the acceptance by the 
receiving country. 
34 


SEC. 97. Existence of Danger in Country Where Foreigner is to be 
Removed. - No foreigner shall be removed to a country where there exists a 
danger to his life or freedom on account of race, religion, nationality, political 
opinion, or membership in a particular political or social group, except in the 
following circumstances: 
(a) The 
foreigner 
participated, 
induced, 
or 
cooperated in the persecution of any person on 
account of race, religion, nationality, political 
opinion, or membership in a particular political 
or social group in the country where he is to be 
removed; 
(b) The foreigner is a fugitive from justice in the 
country where he is to be removed; 
(c) The foreigner committed a serious non-political 
crime in the country where he is to be removed: 
or 
(d) The foreigner is an undesirable and/or a 
danger to 
the 
national 
security 
of the 
Philippines. 
SEC. 98. Cost of Removal. -The cost of removal shall be shouldered by the 
vessel in the case of its foreign crewmember who is to be removed for violation of 
Section 69 of this Act. In all other cases, the cost of removal shall be borne by the 
person subject of removal himself, the concerned consular office, non-government 
organizations or people's organization with which the Authority has an agreement 
on this matter, or from the appropriations for the enforcement of this Act. 
SEC. 99. Liability of Vessel. - Failure' or refusal on the part of the owner, 
operator, captain, agent, or consignee of a vessel to take on board, guard safely, 
and transport the person subject of removal to his country of destination, or to 
shoulder the cost of removal of the foreign crewmember as provided in Section 
101 hereof, shall be punished by an administrative penalty prescribed in Title VI, 
Chapter 7 of this Act. 
SEC. 100. Expenses of the Accompanying Person. - The Director 
General may, by reason of the mental or physical condition of the person subject 
of removal, direct an employee of the Authority to accompany such person subject 
of removal to the country of his destination, subject to provisions of the 
immediately preceding sections. 
Chapter 3 - Indigent Foreigners 
SEC. 101. Removal of Indigent Foreigners. - At any time after entry, the 
Director General may remove indigent foreigners from the Philippines to the 
country, of which they are citizens or nationals, or country of birth, or country of 
residence, as the case may be. The cost of such removal shall be charged against 
the available funds of the Authority. Any foreigner removed under this section shall 
be barred re-admission, except upon written authorization of the Director General. 
TITLE VI 
MISCELLANEOUS PROVISIONS 
Chapter 1 -Registration of Foreign Nationals 
35 


SEC. 102. Requirement of Registration. - Temporary foreign visitors must 
register, with the Authority or Office of the Regional Immigration Officer or 
Provincial Immigration Officer nearest to his place of residence, on or before the 
sixtieth (60th) day from arrival in the Philippines, 
SEC. 103. Registration Form and Oath. - Application for registration shall 
be under oath and in such form as prescribed by the Authority. Upon registration, 
a certificate of registration in such form and containing such particulars as 
prescribed by the Authority shall be issued to the registrant. In case of loss or 
destruction of the certificate, a replacemerit thereof shall be' issued by the 
Authority, upon application, 
SEC. 104. Amendment of Registration. - A registered foreign national 
shall notify the Authority in writing of any change of information in his registration 
documents not later than seven (7) days thereof. 
SEC. 105. Presentation of Certificate of Registration. - Every foreigner 
required to register under this Act or the parent or guardian of such foreigner shall, 
upon demand of any authorized immigration official, present his certificate of 
registration, and failure to do so without justifiable cause shall be dealt with in 
accordance with the provisions of this Act. 
SEC. 106. Reportorial Requirement. - Every foreigner registered under 
this Act shall, within the first sixty (60) days of every calendar year, report in 
person to the Authority, subject to the payment of annual report fee as prescribed 
by the Authority, The parent or legal guardian of foreigners below fourteen (14) 
years of age shall have the duty to comply with the requirements prescribed under 
this Act. 
SEC. 107. Failure to Comply with the Requirements. -A foreigner, or his 
parent or guardian, as the case may be, who, without justifiable reason, fails to 
comply with all the requirements under this Act, or who files an application for 
registration containing statements known by him to be false, or who utilizes 
registration documents other than his own, shall be dealt with in accordance with 
the provisions this Act and other existing laws. 
SEC. 108. Cancellation of Registration of Foreign National. - In case of 
death of a foreigner registered under the provisions of this Act, his legal heir, 
representative or administrator must inform the Authority within sixty (60) days 
from date of death and the Authority shall cancel such registration. The Local Civil 
Registrar or other civil registry officer of the locality where said foreigner died shall 
furnish the Authority with a copy of the Certificate of Death within thirty (30) days 
from issuance thereof. Failure on the part of the persons concerned to comply with 
the requirements of this section shall be dealt with pursuant to the provisions of 
this Act. 
Chapter 2 - Head Tax 
SEC. 109. Head Tax. - Every foreign national who is at least fourteen (14) 
years of age and admitted to the Philippines for a temporary stay exceeding sixty 
(60) days shall pay a head tax in amount the of Five Hundred Pesos (PhP 500,00). 
Chapter 3 - Bonds and Deposits 
36 


SEC. 102. Requirement of Registration. - Temporary foreign visitors must 
register with the Authority or Office of the Regional Immigration Officer or 
Provincial Immigration Officer nearest to his place of residence, on or before the 
sixtieth (60th) day from arrival in the Philippines. 
SEC. 103. Registration Form and Oath. - Application for registration shall 
be under oath and in such form as prescribed by the Authority. Upon registration, 
a certificate of registration in such form and containing such particulars as 
prescribed by the Authority shall be issued to the registrant. In case of loss or 
destruction of the certificate, a replacement thereof shall be issued by the 
Authority, upon application. 
SEC. 104. Amendment of Registration. - A registered foreign national 
shall notify the Authority in writing of any change of information in his registration 
documents not later than seven (7) days thereof. 
SEC. 105. Presentation of Certificate of Registration. - Every foreigner 
required to register under this Act or the parent or guardian of such foreigner shall, 
upon demand of any authorized immigration official, present his Ccertificate of 
registration, and failure to do so without justifiable cause shall be dealt with in 
accordance with the provisions of this Act. 
SEC. 106. Reportorial Requirement. - Every foreigner registered under 
this Act shall, within the first sixty (60) days of every calendar year, report in 
person to the Authority, subject to the payment of annual report fee as prescribed 
by the Authority. The parent or legal guardian of foreigners belQw fourteen (14) 
years of age shall have the duty to comply with the requirements prescribed under 
this Act. 
SEC. 107. Failure to Comply with the Requirements. -A foreigner, or his 
parent or guardian, as the case may be, who, without justifiable reason, fails to 
comply with all the requirements under this Act, or who files an application for 
registration containing statements known by him to be false, or who utilizes 
registration documents other than his own, shall be dealt with in accordance with 
the provisions this Act and other existing laws. 
SEC. 108. Cancellation of Registration of Foreign National. - In case of 
death of a foreigner registered under the provisions of this Act, his legal heir, 
representative or administrator must inform the Authority within sixty (60) days 
from date of death and the Authority shall cancel such registration. The Local Civil 
Registrar or other civil registry officer of the locality where said foreigner died shall 
furnish the Authority with a copy of tKe Certificate of Death within thirty (30) days 
from issuance thereof. Failure on the part of the persons concerned to comply with 
the requirements of this section shall be dealt with pursuant to the provisions of 
this Act. 
Chapter 2 - Head Tax 
SEC. 109. Head Tax. - Every foreign national who is at least fourteen (14) 
years of age and admitted to the Philippines for a temporary stay exceeding sixty 
(60) days shall pay a head tax in amount the of Five Hundred Pesos (PhP 500.00). 
Chapter 3 - Bonds and Deposits 
36 


SEC. 110. Bonds, When Exacted. - The Authority shall have the power to 
exact cash bond in such amounts and under such conditions as it may prescribe: 
(a) To control and regulate the admission into, and 
departure from, the Philippines of foreigners 
applying for temporary admission; 
(b) To insure against foreign passengers liable to 
be excluded as likely to 
become public 
charges; and 
(c) To 
insure the 
appearance 
of foreigners 
released from custody during the course of 
removal proceedings instituted against them. 
SEC. 111. Requirement of Cash Deposits for Overtime Services. - The 
Authority shall likewise have the power to require cash deposits in such amounts 
as may be necessary from vessel's owners, operators, captains, agents, or 
consignees or other persons served to cover payments for overtime services to be 
performed by officers and employees of the Authority. 
SEC. 112. Cancellation and Forfeiture of Bonds. - When the conditions of 
the bond are fulfilled, or in case of a bond posted to insure against a foreigner 
becoming a public charge when the Director General decides that the likelihood no 
longer exists, or naturalization as Philippine citizen, or death of the foreigner in 
whose behalf the bond is posted, the bond shall be cancelled and refunded to the 
depositor or his legal representative. In case of violation of the conditions of the 
bond, the same shall be forfeited and deposited in a trust fund account which may 
be utilized for the purchase of tickets of indigent person subject of removal and to 
cover the costs of operations in the arrest of the person subject of removal who 
jumps bail. 
Chapter 4 - Recognizance 
SEC. 113. Petitions for Recognizance, Sanction for Breach of 
Conditions. - The Director General may order the release of a foreigner upon 
recognizance of his lawyer or a person who is of good standing in the community, 
under such terms and conditions as he may prescribe. 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 (P50,OOO.OO) pesos but not more than One 
Hundred Thousand pesos (P100,OOO.OO), without prejudice to other administrative 
sanctions and/or proceedings against the erring party. 
Chapter 5 -Coordination With Law Enforcement, 
Security and Other Offices 
SEC. 114. Coordination With Law Enforcement, Security and Other 
Offices. - The Director General shall have authority to maintain direct and 
effective coordination with the National Security Council, National Intelligence 
Coordinating Agency, Philippine National Police, National Authority of Investigation 
and other law enforcement and security offices of the government. The Director 
General shall maintain direct and effective coordination with the Office of Consular 
Affairs of the Department of Foreign Affairs for the purpose of monitoring the 
implementation and administration of this Act and all other immigration and 
citizenship laws. 
37 


Chapter 6 -Fees and Charges 
SEC. 115. Authority of the Director General to Prescribe, Impose and 
Col/ect Fees and Charges. - The Director General is authorized to prescribe, 
impose and collect fees and charges for services rendered pursuant to the 
provisions of this Act, which shall take effect fifteen (15) days after the last 
publication thereof for two (2) consecutive weeks in a newspaper of general 
circulation. 
Chapter 7 - Administrative Fines Against Vessels 
SEC. 116. Fines for Failure to Submit Crew List or Passenger Manifest, 
or Failure to Account Every Passenger and Crew. - Any pilot, master, agent, 
owner or consignee of a vessel arriving at any port in the Philippines from a place 
outside thereof who 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. 117. Fine for Violation of Obligation on the Landing or Removal 
of Foreigners. -A pilot, master, agent, owner or consignee of any vessel arriving 
at a port of the Philippines from a place outside thereof who violates Sections 81 
and 96 of this Act shall be fined not less than Fifty Thousand pesos (P50,000.00) 
but not more than Two Hundred Thousand pesos (P 200,000.00) for each 
violation. 
SEC. 118. Fine for Bringing Undocumented Foreigner, or Foreigner 
Afflicted with Communicable or Contagious Disease, or Suffering from 
Mental Disorder. - The pilot, master, agent, owner or consignee of the vessel 
arriving at a port in the Philippines from a place outside thereof bringing on board 
an undocumented -foreigner shall be fined One Hundred Thousand pesos 
(Pi 00,000.00) for each foreigner. If the foreigner is afflicted with a communicable 
or contagious disease or is suffering from mental disorder. the fine shall be not 
less than Two Hundred Thousand pesos (P200,000.00) but not more than Three 
Hundred Thousand pesos (P 300,000.00) for each foreigner. 
SEC. 119. Fine for Bringing a Foreigner to Assist His Illegal Entry or 
Misrepresenting a Foreigner as a Member of the Crew. -The pilot, master, 
agent, owner or consignee of the vessel arriving at any port in the Philippines from 
a place outside thereof bringing on board a foreigner bound for the Philippines to 
assist his illegal entry, or misrepresenting the foreigner 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 (Pi00,000.00) not more than Two Hundred 
Thousand pesos (P 200.000.00)for each foreigner. 
SEC. 120. Fine for Violation of Other Provisions of this Act. - The pilot, 
master, agent, owner or consignee of any vessel arriving at any port of the 
Philippines from a place outside thereof who violates any other provision of this 
Act not ,specifically provided in this Chapter shall be fined not less than Fifty 
Thousl'lnd pesos (P50,000.00) but not more than Two 7 Hundred Thousand pesos 
(P 200,000.OO)for each violation. 
Chapter 8 -Other Penal Provisions 
38 


• 
SEC. 121. Other Prohibited Acts and Penalties Thereof. - Any person 
who shall commit any of the acts specified hereunder shall, upon conviction, suffer 
the penalty of prision correccional in its maximum period to prision mayor in its 
minimum period or a fine of not less than One Hundred Thousand pesos (PhP 
100,000.00) but not more than Five Hundred Thousand pesos (PhP 500,000.00) 
or both, at the discretion of the court: 
(a) Impersonates another individual, or falsely appears 
in the name of a deceased individual, or evades the 
immigration laws by using an assumed or fictitious 
name when applying for an immigration document; 
(b) Issues or otherwise disposescif an immigration 
document or an immigration accountable form, to 
any person not authorized by law to receive such 
documents; 
(c) Obtains, manufactures, prints, accepts or uses any 
immigration or travel document knowing it to be 
false or uses immigration accountable form that is 
not legally issued; 
(d) Enters the Philippines without inspection and 
admission by the immigration authorities, or obtains 
entry 
into 
the 
Philippines 
by 
fraud, 
misrepresentation, or concealment of material 
facts; 
(e) Represents himself to be a Philippine citizen; 
(f) Knowingly makes under oath any false statement 
regarding any immigration matter; or 
(g) Brings into, or lands in the Philippines, or 
conceals, harbors, employs, or gives comfort to any 
person not duly admitted by any immigration officer 
or not lawfully entitled to enter into .or resides within 
the Philippines, or attempts, conspires with, or aids 
another to commit any such acts. Where the 
offender of any acts specified In paragraph (9) 
hereof is a corporation, company, partnership or 
other juridical 
entity, 
the 
president, 
general 
manager, managing partner, or chief executive 
officer thereof shall be held liable. Dismissal by the 
employer before or after apprehension shall not 
relieve the employer of the offense. If the offender 
who commits any of the acts specified under 
paragraph (9) hereof of this sec tion is'the pilot, 
master, agent, owner, consignee, or other person 
in charge of the vessel which brought the alien into 
the Philippines from any place outside thereof, the 
fine Imposed under the first paragraph hereof shall 
constitute a lien against the vessel which may be 
enforced In the same manner as fines are collected 
and enforced under existing laws. Such vessel 
shall not be allowed to depart without prior 
clearance issued by the Authority. Where forfeiture 
39 


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 laws arising 
therefrom shall result in the automatic revocation or 
cancellation of any immigration issued to the 
offender, including that of his wife and unmarried 
children, if applicable. 
SEC. 122. Penalty for Non-compliance of a Subpoena. - Any person 
who, having been duly served with a subpoena or subpoena duces tecum, fails to 
comply without valid and justifiable reason with the requirements thereof shall, 
upon conviction, suffer the penalty of imprisonment of not more than fifteen (15) 
days or a fine of not more than One Thousand pesos (P1,000.00), or both, at the 
discretion of the court. 
SEC. 123. Penalty for Overstaying Crewmen. - Any foreign crewman who 
willfully remains in the Philippines beyond the period allowed him for temporary 
landing shall upon conviction, suffer the penalty of imprisonment of six (6) months 
or fine of not less than Fifty Thousand pesos (P50,000.00) but not more than One 
Hundred Thousand pesos (P 100,000.00), or both, at the discretion of the court. 
Chapter 9 - Funding 
SEC. 124. Funding. - In addition to its annual budget under the General 
Appropriations Act, the Authority is hereby authorized to retain and use thirty 
percent (30%) of its income derived from collection of immigration fees, fines, 
penalties and charges for maintenance and other operating expenses, intelligence 
and law enforcement, information and communication technology infrastructure, 
and transportation facilities. The Authority is likewise hereby authorized to retain 
and use its income in excess of the prescribed collection target. 
Chapter 10 -Transitory Provisions 
SEC. 125. Staffing Pattern and Salary Schedule. - To carry out the 
provisions of this Act, the Director General will recommend to the Secretary a new 
staffing pattern and salary schedule for personnel services in accordance with the 
Salary Standardization Law and other applicable laws under the National 
Compensation and Classification Plan, for approval by Secretary of the 
Department of Budget and Management. 
, 
SEC. 126. Reorganization of the Authority. - Upon approval of this Act, 
all employees of Bureau of Immigration covered by the civil service law and 
regulations 
shall 
continue to 
hold 
their present positions pending the 
reorganization of the Authority in accordance with the new staffing pattern: 
Provided, That in the event that the positions are abolished in accordance with the 
reorganization, the affected employees shall be given first priority in the 
appointment or promotion to the newly created positions to which they may qualify: 
Provided further, that no incumbent qualified employee of the Bureau of 
Immigration shall be unjustly separated from service: Provided furthermore, that 
any qualified employee who cannot be absorbed by the Authority shall be entitled 
to, a separation pay equivalent to two (2) months salary for every year of service 
and other benefits under existing retirement laws, at the option of the personnel 
40 


• 
.. 
< • 
concerned: Provided finally, that employees who have been dismissed for cause 
will no longer qualify for any position in the Authority. 
SEC. 127. Inventory and Transfer of Properties to the Authority. - All 
buildings, equipment, facilities, records, and other properties of the Bureau of 
Immigration as reorganized under this Act shall be properly inventoried and 
transferred to the Authority. 
SEC. 128. 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. 129. Pending Cases. -That nothing contained in this Act shall be 
construed to affect any prosecution, suit, action, or proceeding brought, or any act, 
thing, or matter, civil or criminal, done or existing at the time of the effectivity of this 
Act are continued in force and effect: Provided, further, That as to such 
prosecutions, suits, actions, or proceedings, or as to such acts, things, or matters, 
the procedure provided for by this Act or by regUlations prescribed there under 
shall be followed insofar as the same may be applicable. 
SEC. 130. Implementing Rules and Regulations. - The Board, subject to 
the appro)/al by the Secretary, shall promUlgate the rules and regulations for the 
effective implementation of this Act within ninety (90) days from its effectivity. 
Chapter 11 - Repealing Clause 
SEC. 131. Repealing Clause. - Commonwealth Act No. 613, otherwise 
known as the Philippine Immigration Act of 1940, as amended, is hereby repealed. 
Section 70 of Act No. 279, otherwise known as the Revised Administrative Code, 
Republic Act No. 750, Letter of Implementation No. 20, and all other laws, 
presidential decrees, executive orders, proClamations, 
memorandum orders, 
instructions, rules and regulations, or parts thereof, inconsistent with this Act or 
any of the provisions thereof are hereby repealed, superseded, or modified 
accordingly. 
Chapter 12 -Separability Clause 
SEC. 132. Separability Clause. - If any of the provisions of this Act is held 
invalid or unconstitutional by competent authority, the other provisions thereof not 
affected thereby shall continue to be in force and effect. 
, 
Chapter 13 - Effectivity Clause 
SEC. 133. Effectivity Clause. - This Act shall take effect after fifteen (15) 
days following its complete pUblication in at least two (2) newspapers of general 
circulation. 
Approved, 
41