Republic of the Philippines. HOUSE OF REPRESENTATIVES Quezon City NINETEENTH CONGRESS First Regular Session House BilNo.-_ 127 Introduced by Hon. Juliet Marie de Leon Ferrer EXPLANATORY NOTE This bill has been filed since the Fourteenth Congress by then Representative Rufus B. Rodriguez. When last filed in the seventeenth Congress, it was approved by the Committee on Justice. The Philippine Immigration Act of 1940 has undergone several amendments and revisions in the past. Despite there, many of its provisions remain not to be responsive to the challenges of the present time. The gaps in the law have been taken advantage by many foreign nationals in the country in perpetrating organized crimes like illegal recruitment, prostitution, drug trafficking, terrorism, and human smuggling. In view of the rising incidents of crimes involving foreign nationals, it becomes imperative that the government adopts stricter rules and regulations to protect the security, morals, and safety of our people and to eradicate, if not, prevent proliferation of crimes involving foreign nationals. Towards these ends, the bill carries the following salient features: (1) Anew, streamlined and restructured Commission on Immigration and Naturalization which shall be tasked to be a repository of all pertinent records of foreign nationals. There shall be clear cut delineation of functions of various departments within the Commission's supervision to prevent overlapping of functions. The Commission shall be headed by Commissioners who are career officials with a fixed term of seven (7) years; (2) The authority to act on applications for administrative naturalization shall be vested to the proposed Commission on Immigration and Naturalization. (3) The proposed law will provide for a more extensive list of ineligible classes of aliens; (4) To attract foreign investments, the proposed law will include more more visa categories and immigration privileges for foreign investors; (5) There will be established guidelines in dealing with refugees, stateless persons and asylees, consistent with the developments in international law: and (6) Trafficking of persons will be addressed by imposing stiffer penalties. In view of the foregoing, passage of this bill is earnestly sought. JULIET MARIE DE LEON FERRERRepublic of the Philippines HOUSE OF REPRESENTATIVES Quezon City NINETEENTH CONGRESS First Regular Session House Bill No. 127 Introduced by Hon. Juliet Marie de Leon Ferrer “AN ACT MODERNIZING THE BUREAU OF IMMIGRATION BY DEFINING ITS POWERS AND FUNCTIONS, FURTHER PROFESSIONALIZING ITS ORGANIZATION, UPGRADING THE COMPENSATION AND BENEFITS OF ITS OFFICIALS AND EMPLOYEES, AND APPROPRIATING FUNDS THEREFOR” Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: TITLEL GENERAL PROVISIONS SEC. 1. Short Title. ~ This Act shall be known as the “Bureau of Immigration 5 Modernization Act”. SEC. 2. Declaration of Policy. - In the conduct of its relations with other States, the Philippines shall give paramount consideration to national sovereignty, territorial integrity, national security, national interest, the right to self-determination, the enhancement of economic diplomacy, and the protection of overseas Filipinos in destination countries as it adheres to the policy of peace, cooperation, and amity with all nations. To this end, Philippine immigration policies, rules and regulations under this Act shall be applied and administered as instruments for the promotion of domestic and external interests of the Philippines, in recognition of: (a) the necessity for encouraging and enhancing capital investments, trade and commerce, cultural exchanges and other forms of friendly relations and cooperation; (b) the need to support technological and scientific development in the country; (c) the goal to promote the conditions for social welfare and economic security of the people; (d) the fulfillment of obligations and compliance with standards set by international law in the admission or exclusion of foreign nationals;(2) the modernization of structures and mechanisms necessary for the administration of the global immigration laws in keeping with the changing demands of the country’s rol community; and (f) the professionalization of the immigration service by instituting a rigid system of screening and selection of immigration officials and employees and promoting their development. SEC. 3. Definition of Terms. ~ As used in this A‘ (a) Admission refers to the process by which a foreign national arriving at a port of entry in the Philippines is allowed into the country whereby a status or entry category is granted by the immigration authorities; (b) Border Control Officer refers to any person authorized to man the Border Control Checkpoints as provided in this Act; (c) Captain refers to the master of a vessel or pilot of an aircraft; (d) Child or children refers to a person or persons below eighteen (18) years of 50 age; (e) Citizen refers to any person who is a citizen of the Philippines under Section 53 1, Article IV of the Constitution of the Republic of the Philippines; (f) Commissioner refers to the Commissioner of the Bureau of Immigration; {g) Commitment Order refers to an order issued by the Commissioner under this Act that directs the taking into custody of a foreign national after it has been determined that probable cause exists that the foreign national committed acts or omissions in violation of Philippine immigration laws, rules and regulations, or during the pendency of deportation proceedings against such foreign national: Provided, That such custody shall not exceed three (3) months, unless there exists other legal grounds for continued custody; (h) Consular Officer refers to any consular, diplomatic, or other officer of the Department of Foreign Affairs (DFA) who has been duly granted a consular commission for the purpose of issuing visas under this Act; (i) Derogatory Information refers to details about persons and travel documents relating to immigration consisting of the following: (1) Blacklist Order refers to an order issued by the Commissioner that prevents a foreign national from entering the territorial jurisdiction of the Philippines; (2) Hold Departure Order refers to an order issued by the Commissioner preventing a foreign national from leaving the territorial jurisdiction of the Philippines in cases where bail or recognizance is granted pending implementation of a Deportation Order, or a directive implementing an order issued by the appropriate court preventing a person from leaving the territorial jurisdiction of the Philippines; and (3) Monitor Order refers to an order issued by the Commissioner under this Act that requires immigration personnel to monitor the travel of any person for a period of thirty (30) days, and to notify the concerned government agencies of the Philippines;(i) Entry refers to the arrival of a foreign national into any designated port of entry in the Philippines from a place outside the Philippine territorial jurisdiction. A foreign national having a lawful permanent residence in the Philippines shall not be regarded as making an entry for the purpose of this Act if such foreign national proves that the departure to a place outside the Philippines was for a temporary or limited period, or the continued absence from the Philippines was occasioned by deportation proceedings, extradition, or any other legal process; {k) Exclusion refers to the act of Immigration Officers denying admission of a foreign national into the country on grounds provided in this Act; (1) Foreign national or alien refers to any person who is not a citizen of the Philippines; (m) immigrant refers to any foreign national, other than a non-immigrant, granted resident status in the Philippines under the provisions of this Act and other laws granting immigrant status; (n) Immigration laws refer to this Act and other laws presently existing or which may hereafter be enacted relating to the movement of natural persons to and from the Philippines; (0) Immigration Officer refers to any person appointed under Title Il, Chapter 8 of this Act or any employee designated by the Commissioner to perform the powers, duties and functions of an Immigration Officer as specified under this Act; (p) Non-immigrant refers to any foreign national who is allowed entry and admission into the Philippines for a temporary or limited period of stay; (q) Non-refoulement refers to a principle of international law which prohibits the forced or involuntary return of refugees or those seeking asylum in the Philippines to a state or territory where there are valid reasons to believe that the life or freedom of such refugee or asylum seeker would be threatened on account of race, religion, nationality, membership in a particular social group, or political opinion; (1) Passport refers to a document issued by a government to its citizens requesting other governments to allow such citizens to pass through or enter into a territory of other states safely and freely, subject to pertinent rules and regulations; (5) Person refers to a natural person or a juridical person such as partnerships, corporations, companies, and associations; (t) Port of entry refers to any port designated by the Commissioner through which a foreign national may enter or exit the Philippines; (u) Refugee refers to a person who, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership in a particular social group, or political opinion, is outside such person’s country of nationality, and is unable or, owing to such fear, unwilling to avail of the protection of that country; or a person who, not having a nationality and being outside such person's country of former habitual residence, is unable or, owing to such fear, unwilling to return to it; (v) Seaman, Seafarer or Crewmember refers to a person actually employed in the operation or service in any capacity on board a vessel;(w) Stateless person refers to a person who is not considered a national by any state under the operation of its laws; (x) Travel document refers to a certification or identifying document containing the description and other personal circumstances of its bearer issued by a government to individuals for travel purposes; (y) Vessel refers to all means of conveyances, whether aircraft or sea craft; and (2) Visa refers to an endorsement on a passport or any travel document issued by a Consular Officer abroad authorizing the holder thereof to proceed to a designated port of entry in the Philippines and there, to apply for entry and admission under the status specified therein; or an endorsement on a passport or any trayel document granted by the Commissioner or the Board under this Act, or by any other person authorized by existing laws. TITLE MI THE BUREAU OF IMMIGRATION CHAPTER | THE BUREAU SEC. 4. Overview. - The Bureau of Immigration, hereinafter referred to as the “Bureau”, shall be under the control and supervision of the Department of Justice (DOJ). The Bureau shall be principally responsible for the administration and enforcement of this Act, and the implementation of all laws, rules and regulations, or orders of any competent authority concerning the entry and admission into, stay in and the departure from the Philippines of all persons. The Bureau may seek the assistance of other government entities in the enforcement of laws, rules and regulations relating to immigration, border control, and anti-trafficking in persons. CHAPTER 2 THE BOARD OF COMMISSIONERS SEC. 5. Composition and Qualifications. - The Bureau shall be administered by the Board of Commissioners, hereinafter referred to as the Board, headed by the Commissioner as Chairperson, and two (2) Deputy Commissioners as members, all of whom shall be natural-born citizens of the Philippines, holders of a college degree, with proven capacity for administration and, at the time of their appointment, at least thirty-five (35) years of age: Provided, That at least one of the members shall be a member of the Philippine Bar in good standing for at least five (5) years prior to the appointment: Provided, further, That at least one (1) member of the Board shall come from the ranks of the Bureau.SEC. 6. Powers and Functions. ~ The Board shalll have the following powers and functions: {a) Decide on applications or cases relative to: (1) Deportation; (2) Revocation of immigration status; (3) Reacquisition and retention of Philippine citizenship under Republic Act No. 9225, otherwise known as the “Citizenship Retention and Reacquisition Act of 2003” and such laws as may hereafter be enacted on the subject; (4) Issuance and revocation of all visas and permits; (5) Declaration of indigence; and (6) Legalization of residence in accordance with law; (b) Cite and punish for contempt in relation to the discharge of its quasi-judicial functions, in accordance with the Rules of Court; (c) Prescribe and promulgate rules of procedure for proceedings before it; (d) Prepare and publish operations manuals, including schedules of fees for all transactions entered into by the Bureau with the pul {e) Formulate policies, directives, programs and projects of the Bureau; and (f) Such other powers and functions as provided in this Act and other existing laws, rules and regulations not inconsistent with any of the provisions of this Act. SEC. 7. Decisions. — All cases or proceedings before the Board shall be decided with the concurrence of the majority of the members of the Board. Decisions of the Board shall become final and executory fifteen (15) days from receipt thereof by the concerned parties. Only one (1) motion for reconsideration shall be allowed. SEC. 8. Period for Decision. — The Board shall decide deportation cases within sixty (60) days from the date they are submitted for resolution. Decisions in deportation cases may be appealed to the Secretary of Justice within fifteen (15) days from receipt thereof by the concerned party. The decision of the Secretary of Justice may be appealed to the Office of the President within fifteen (15) days from receipt of judgment. The decision of the Board shall become executory after thirty (30) days from promulgation, unless within such period the President shall order the contrary. SEC. 9. Meetings. — In all cases, the Board of Commissioners shall convene and act as a collegial body in all matters referred to in Section 6 of this Act. The Board shall meet at least once a week or, if necessary, twice a week. Members of the Board shall be notified accordingly and the presence of the Chairperson and one (1) member shall constitute a quorum. CHAPTER 3 ‘THE COMMISSIONER AND THE DEPUTY COMMISSIONERS SEC. 10. Appointment of the Commissioner. - The Commissioner shall be appointed by the President and shall have the same rank, salary, and privileges of an Undersecretary of aSEC. 11. Powers and Duties of the Commissioner. - In addition to the duties as Chairperson of the Board of Commissioners, the Commissioner shall also undertake the following: (a) Supervise, direct and coordinate the overall operations of the Bureau; (b) Exercise control and supervision over the officers and personnel of the Bureau, including the power to appoint, promote, and reassign personnel, subject to civil service laws, rules and regulations: Provided, That promotions and appointments to positions of Division Chiefs and above shall be made by the Secretary of Justice upon the recommendation of the Commissioner; (c) Issue the following: (1) Mission Orders, after determination of the existence of probable cause for the purpose of deportation; (2) Commitment or Release Orders; (3) Warrants of Deportation; (4) Orders to inspect the documents, premises, and records of persons covered by this Act; and (5) Derogatory information orders defined in Section 3() of this Act; (d) Delegate authority to subordinate immigration personnel and employees of the Bureau, except the powers and functions enumerated in paragraph (c) of this 18 section, which may be delegated only to a Deputy Commissioner; (e) Act on applications for extension of visas with the concurrence of the Board; (f) Act on applications for study and work permits; (g) Control the opening and closure of posts, landing places, airports or ports classified as points of entry or exit, whether limited or unlimited; (h) Increase, reduce, or waive immigration fines, penalties, and other charges; (i) Issue Certificates of Naturalization to foreign nationals who have been granted Philippine citizenship; (i) Promulgate rules and regulations as may be necessary or proper for the effective discharge of the duties and responsibilities of the officials and personnel of the Bureau, and for the effective exercise of the powers and functions of the Bureau; {k) Deputize, subject to the concurrence of the Board, any official or employee of the national government and local government units, including uniformed personnel of the Armed Forces of the Philippines, the Philippine National Police, and the Philippine Coast Guard to assist immigration personnel in the performance of their duties and functions; (I) Seek the assistance of relevant government agencies for intelligence data gathering and sharing; (m)Authorize and prescribe, with the concurrence of the Board, the form and the amount of cash bonds for the provisional release of respondents in deportation proceedings; {n) Impose reasonable fines and penalties for violations of immigration and alien registration laws in accordance with this Act and the guidelines adopted by the Board;(0) Accept donations of materials, equipment or technical services from any foreign government, international or domestic organization, to upgrade the efficiency and operations of the Bureau; (p} Provide an express lane system for the rendition of services performed for individuals and entities upon payment of fees that may be prescribed, and deposit in an authorized government depository bank such fees received under a trust fund subject to auditing and accounting rules, fifty percent (50%) of which shall be made available for the augmentation of the salaries of the employees of the Bureau, and fifty percent (50%) of which shall be remitted to the national treasu (q) Submit to the President and to Congress, annually or as may be directed, a report on: (2) the number and status of foreign nationals in the Philippines; (2) foreign nationals admitted or granted change of status as permanent residents; (3) foreign nat nals who have been excluded or deported from the Philippines; (4) the estimated number of illegal foreign nationals in the Philippines in each calendar year and actions taken to arrest them, grouped by nationality, for each region in the Philippines; and (5) such other transactions of the Bureau; (1) Determine the manning levels of immigration Officers of the Bureau nationwide in accordance with the number of arrivals in each port of entry as determined by the Board: Provided, That for every three hundred (300) passengers, there shall be one (1) Immigration Officer in an eight-hour shift; (s) Exercise disciplinary authority over personnel of the Bureau charged with less grave and light administrative offenses, in accordance with the Revised Rules on Administrative Cases in the Civil Service (RRACS): Provided, That the disciplinary authority over those charged with grave administrative offenses under RRACS shall belong to the Secretary of Justice; (t) Prepare and submit a supplemental budget, if necessary, for the consideration of the Department of Budget and Management (DBM) and Congress; (u) Prescribe, with the concurrence of the Board, the appropriate forms, bonds, reports, entries and other papers in accordance with this Act; (v) Require all vessel operators to submit advance passenger information in the form prescribed by the Board, and prescribe penalty for the violation hereof, (w) Engage foreign counterparts pertaining to border control; and (x) Perform such other functions inherent to the Bureau. SEC. 12. Appointment and Rank of Deputy Commissioners. - There shall be two (2) Deputy Commissioners who shall be appointed by the President. They shall have the rank, salary and privileges of an Assistant Secretary of a Department. SEC. 13. Duties of Deputy Commissioners. - In addition to their duties as members of the Board, the Deputy Commissioners shall supervise a minimum of two (2) Divisions and one (1) regional office each as may be determined by the Commissioner.CHAPTER 4 ‘THE INTERNAL AFFAIRS SERVICE SEC. 14. Qualifications of the ctor, Internal Affairs Service (IAS). — An internal Affairs Service (IAS) of the Bureau is hereby created which shall be headed by a Director who must be a natural- born citizen of the Philippines, at least thirty (30) years of age and a member of the Philippine Bar in good standing for at least five (5) years prior to the appointment. SEC. 15. Powers and Functions. The IAS shall have the following powers and functions: (a) Conduct inspections and audit over personnel and units of the Bureau; (b) Receive administrative complaints against all Bureau personnel, and indorse to the Office of the Secretary of Justice complaints filed against personnel who are subject to the disciplining authority of the Secretary; (c) Conduct summary hearings of administrative cases against personnel appointed and promoted by the Commissioner; (d) Investigate complaints and gather evidence in support of an investigation; (e) File appropriate criminal cases against Bureau personnel before the court as evidence warrants and assist in the prosecution of such cases; and (f) Provide assistance to the Office of the Ombudsman in cases involving the personnel of the Bureau. CHAPTER 5 ‘THE BOARD SECRETARY SEC. 16. Qualifications. - There shall be a Board Secretary of the Board of Commissioners who must be a natural-born citizen of the Philippines, at least thirty (30) years of age and a member of the Philippine Bar in good standing for at least five (5) years prior to the appointment. 46 47 SEC. 17. Powers and Duties. - The Board Secretary shall: (a) Attend and take the minutes of all meetings of the Board; (b) Prepare the agenda for the deliberation of the Board on visa applications; (c) Prepare the agenda for the deliberation of the Board on deportation cases as endorsed by a member of the Board after initial review; (d) Implement the decision of the Board approving visa applications, including revalidation; {e) Keep and manage all records of the deliberations of the Board; (f) Advise the members of the Board on all matters relative to compliance with relevant laws and requirements of regulatory authorities; and (g) All other functions as may be directed by the Board.CHAPTER 6 ‘THE BOARDS OF SPECIAL INQUIRY SEC. 18. Creation of the Boards of Special Inquiry. - There shall be created up to five (5) Boards of Special Inquiry (BSI) as required in the exigency of service as determined by the Board. Each BSI shall be composed of a Chairperson and two (2) members. The BSI shall be designated according to their areas of specialization to be determined by the Board. SEC. 19. Appointment and Qualifications of the Chairpersons and Members of the BSI. ~ The Chairpersons and members of the BSI shall be appointed by the Commissioner, shall be natural- born citizens of the Philippines and, at the time of their appointment, at least thirty (30) years of ‘age, members of the Philippine Bar in good standing and have been engaged in the practice of law for at least three (3) years prior to appointment. SEC. 20. Powers and Functions. - The BSI shall: (a) Recommend to the Board of Commissioners for final resolution cases and applications relative to: (1) Deportation; (2) Revocation of immigration status; and (3) Legalization of residence in accordance with law; {b} Recommend to the Commissioner for appropriate action cases and applications relative to: (1) Cancellation of alien certificates of registration by marriage; and (2) Issuance of alien certificates of registration to refugees; (c) Issue subpoena in cases being heard by the BSI; (d) In the exercise of its quasi with the Rules of Court; ial power, cite and punish persons for contempt in accordance {e) Recommend to the Board the imposition, waiver or reduction of fees, fines, penalties and other charges, subject to existing laws, rules and regulations; (f) Administer oaths in connection with the performance of their duties, as may be authorized by the Board () Promulgate rules and regul the approval of the Board; and 5 governing matters within its assigned mandate, subject to (h) Perform such other duties and functions as may be directed by the Commissioner or the Board of Commissioners. SEC. 21. Proceedings. - The proceedings before the BSI shall be public and recorded. In all cases, the BSI shall meet and act asa collegial body. Only members of the Philippine Bar in good standing may appear for and in behalf of any party before the BSISEC. 22. Resolution of Cases. - Cases before the BSI shall be resolved within five (5) working days from the date the cases are submitted for resolution. The resolution of the BSI shall be submitted immediately to the Board for action. SEC. 23. Creation of Positions. - The positions created under the BSI shall have the following classification and salary grades: DESIGNATION POSITION SALARY GRADE Chairperson ‘Attorney V Members __ Attorney IV CHAPTER 7 DIVISIONS AND OTHER OPERATING OFFICES OF THE BUREAU SEC. 24, Divisions and Other Operating Offices of the Bureau. - The Bureau shall have the following Divisions and other operating offices, namely: A. DIVISIONS: (1) Administrative; (2) Alien Registration; (3) Finance and Logistics; (4) Human Resource Management and Development; (5) Immigration Regulation; (6) Information and Communications Technology; (7) immigration Intelligence; (8) immigration Law Enforcement; (9) Legal Affairs; (10) Immigration Operations; and (11) Planning and Research B. REGIONAL OFFICES that shall be created by the Board according to political or administrative regions, C. DISTRICT AND FIELD OFFICES SEC. 25. Heads of the ns and Other Operating Units. — Each Division shall be headed by a Division Chief: Provided, That the Chief for Legal Affairs shall be a member of the Philippine Bar in good standing and must have been engaged in the practice of law for at least three (3) years prior to appointment, and that the Chief for Finance and Logistics must be a Certified Public Accountant in good standing for at least three (3) years prior to appointment.The Regional Offices shall be headed by a Supervising Immigration Officer, while 19 the District and Field Offices shall be headed by a Senior immigration Officer. No person shall be appointed as Chief of any of the Divisions enumerated in Section 24(A) of this ‘Act unless such person meets the qualification standards set by the Bureau and approved by the Civil Service Commission (CSC). SEC. 26. Organizational Structure, Duties and Functions of the Divisions, Regional, District, Field and Other Operating Offices. - Subject to the approval by the DBM, the Board shall determine the organizational structure of the different Divisions, Regional, District and Field Offices, and other operating offices of the Bureau to ensure the effective performance of their respectives mandates. SEC. 27. Chief Administrative Officer. — The Bureau shall have a Chief Administr shall perform the following duties: ive Officer who {a) Develop and implement an administrative support strategy for the Bureau; {b) Coordinate all administrative functions of the Bureau; {c) Monitor and evaluate all policies and programs of the Bureau, and recommend to the Board such policies, programs and measures for the effective and efficient administration of the Bureau; and (d) Perform such other tasks as may be directed by the Commissioner. SEC. 28. Chief Alien Registration Officer. - The Bureau shall have a Chief Alien Registration Officer who shall perform the following duties: (a) Formulate plans and policies for the implementation of the Alien Registration Program; (b) Establish and implement measures for the effective registration, monitoring and accounting of aliens, including the collection and safekeeping of biometric data of all aliens pursuant to this Act and other laws, rules and regulations; (c) Monitor and evaluate all policies, programs and measures relative to alien registration, and recommend to the Board such measures to improve the system of alien registration; and (d) Perform such other tasks as may be directed by the Commissioner. SEC. 29. Chief Finance and Logistics Officer. - The Bureau shall have a Chief Finance and Logistics Officer who shall perform the following duties: (a) Formulate and supervise the implementation of policies pertaining to procurement, fiscal management, auditing and accounting in support of the overall plan and strategic direction of the Bureau; (b) Direct and manage all the procurement activities of the Bureau; {c) Implement sound fiscal policy; (d) Supervise the preparation of the Annual Procurement Plan; (e) Initiate projects in the furtherance of the improvement of the Bureau;(f) Set performance targets for the Bureau in order to meet its objectives, plans and programs; and (g) Perform such other tasks as may be directed by the Commissioner. SEC. 30. Chief Human Resource Management and Development Officer. - The Bureau shall have a Chief Human Resource Management Officer who shall perform the following duties: (a) Develop and execute human resource strategies in support of the overall plan and strategi direction of the Bureau especially in the areas of selection, hiring and promotion; (b) Design employee training modules; (c) Develop comprehensive strategic recruitment and retention plans to meet human capital strategy goals; (d) Set qualification standards and implement competency-based hiring and promotion policies; (e) Oversee the recruitment, selection and promotion of employees of the Bureau; (f) Set performance standards for the employees of the Bureau in order to meet its objectives, plans and programs; (g) Prepare and implement schemes to strengthen the relationship between management and employees; and (h) Perform such other tasks as may be directed by the Commissioner. SEC. 31. Chief Immigration Regulation Officer. - The Bureau shall have a Chief Immigration Regulation Officer who shall perform the following duties: (2) Formulate plans and programs for the effective enforcement of immigration laws relating to the admission, sojourn, and exit of aliens; (b) Establish policies for the effective monitoring of all commercial vessels while in Philippine territory; (c} Oversee and supervise all regional, distri and field offices, and border crossing checkpoints; (d) Maintain administrative control over aliens admitted for limited periods; {e) Represent the Bureau in the enforcement of the RP-Indonesian Agreement the RP-Malaysian Anti-Smuggling Agreement, and other subsequent similar agreements; and {f) Perform such other tasks as may be directed by the Commissioner. SEC. 32. Chief Information and Communications Technology Officer. ~ The Bureau shall have a Chief Information and Communications Technology Officer who shall perform the following duties: (a) Formulate policies, plans and programs on management information systems, network, cybersecurity, and information and communications technology (ICT) resources of the Bureau; (b) Supervise the implementation of all the information and communications technology projects of the Bureau; (c) Review, evaluate, and recommend for approval by the Commi existing ICT systems of the Bureau; joner the integration of all(d) Initiate the conduct of ICT research, development, and standardization; and (e) Perform such other tasks as may be directed by the Commissioner. SEC. 33. Chief Immigration Intelligence Officer. - The Bureau shall have a Chief Immigration Intelligence Officer who shall perform the following duties: (a) Develop plans and programs for the gathering and collating of intelligence objectives through effective management of all intelligence and counter-intelligence activities of the Bureau; (b) Manage the conduct of intelligence and counter-intelligence activities of the Bureau; (c} Serve as the linkage between foreign counterparts or embassies and the Bureau; (d) Initiate development of intelligence training modules; and (e) Perform such other tasks as may be directed by the Commissioner. SEC. 34, Chief Im Immigration Law Enforcement Officer who shall perform the follo ration Law Enforcement Officer. - The Bureau shall have a Chief ing duties: (a) Develop plans and programs for effective law enforcement actions against foreign nationals who violate immigration laws, rules and regulations; (b) Exercise command, control, direction, coordination, and supervision of all law enforcement activities of the Bureau, such as the deployment of personnel, subject to the power of the Commissioner under Section 11(b) of this Act; {c) Initiate the development of law enforcement training modules; (d) Establish an effe /e monitoring tool for fugitives and undesirable foreign nationals; and (e) Perform such other tasks as may be directed by the Commissioner. SEC. 35. Chief Legal Affairs Officer. - The Bureau shall have a Chief Legal Affairs Officer who shall perform the following duties: {a) Serve as the legal counsel of the Bureau, in coordination with the Office of the Solicitor General; {b) Develop guidelines for the summary deportation of foreign nationals who are fugitives, overstaying, undocumented, or convicted of crimes involving moral turpitude or crimes where the penalty of deportation is imposed; (c) Assign prosecutors for regular deportation proceedings; (d) Implement deportation orders; (e) Study contracts affecting the Bureau and submit recommendations to the Board relative thereto; (f) Render legal opinions on matters arising from the administration and operation of the Bureau; and (g) Perform such other tasks as may be directed by the Commissioner. SEC. 36. Chief Immigration Operations Officer. - The Bureau shall have a Chief Immigration Operations Officer who shall perform the following duties:(a) Formulate plans and programs for the effective and efficient immigration operations in all international airports and seaport: (b) Oversee and supervise the immigration operations in all international airports and international seaports, including the conduct of arrival and departure formalities consistent with this Act and other applicable laws, rules and regulations; (c) Implement Blacklist Orders, Hold Departure Orders, Monitor Orders, Travel Restriction Orders, Orders to Leave, Exclusion Orders, and other such orders issued by the Board or by the Commissioner; (d) Ensure the compliance of all immigration personnel under the Operations Division with the Bureau's Quality Management System (QMS); (e) Monitor admitted foreign temporary visitors who were referred for secondary or tertiary inspection; (f) Initiate the development of immigration operations training modules; and (g) Perform such other tasks as may be directed by the Commissioner. SEC, 37. Chief Planning and Research Officer. ~ The Bureau shall have a Chief Planning and Research Officer who shall perform the following duties: (a) Formulate and implement the Bureau's programs, projects and processes for planning and research; (b) Facilitate and organize strategic planning sessions for the entire Bureau; (c) Conduct workload assessment and forecasting; (d) Provide assistance to the Board in the implementation and establishment of a risk management process; (e) Implement a monitoring feedback measurement and evaluation system for the implementation of all Bureau policies, projects, and programs; (f) Represent the Board in meetings relating to planning and research; and (g) Perform such other tasks as may be directed by the Commissioner. CHAPTER 8 IMMIGRATION OFFICERS SEC. 38. Immigration Officers. - The Bureau shall employ an elite group of Immigration Officers who shall be assisted by Immigration Inspectors and Immigration Agents in the performance of their duties and functions. No person shall be appointed to the position of Immigration Officer, Immigration Inspector or Immigration Agent unless such person meets the qualification standards set by the Bureau and approved by the CSC.The following determinative factors shall be included in setting the qualification 46 standards for each position: (a) Educational Attainment (b) Civil Service Eligibility (c) Relevant Experience (4) Training (Basic, Advanced or Executive) {e) Agility SEC. 39, Powers and Duties. - The Immigration Officers shall have the following powers and functions: (a) Examine, with the assistance and advice of medical authorities in appropriate cases, foreign nationals at the port of entry concerning their admissibility to enter and their qualifications to remain in the Philippines; (b) Exclude foreign nationals not properly documented, and to admit foreign nationals complying with the applicable provisions of immigration and related laws; (c) Administer oaths in connection with the performance of their duties, as may be authorized by the Board; (4) Search for foreign nationals on any vessel believed to be used to illegally bring foreign nationals into the Philippines, and to take into custody without warrant any foreign national who, in the presence or view of the Immigration Officer, is entering or is about to enter the Philippines in violation of immigration and related laws, rules and regulations; (e) Act as control personnel with authority to prevent the departure of passengers who do not comply with duly published departure requirements; (f) Detect and report violations of the immigration and alien registration laws and, in appropriate cases, take necessary actions upon the instructions of the Commissioner, including follow-up on the stay of non-immigrants to prevent overstaying; (g) Detect and report subversive activities of aliens in the interest of national security; (h) Investigate any case at the instance of the Commissioner and submit the required reports; (i) Report on the activities of aliens inimical to national interest with a view to taking appropriate action in accordance with law; (j) Locate and conduct surveillance against foreign nationals in violation of immigration laws, rules and regulations; (k) Provide actionable operational, tactical and strategic intelligence to the operating units; (I) Conduct case build up, analysis and other in-depth research, as well as_provide analytical reports on foreign nationals who violate or are in violation of immigration laws, rules and regulations; (m) Coordinate with other local and international law enforcement agencies in the gathering of intelligence information related to immigration aw violations;(n) Conduct counter-intelligence operations; (0) Enforce lawful orders relating to the exclusi ion of aliens; n, deportation and repatri (p) Take charge of the physical detention of aliens pending their exclusion, deportation or repatriation; (q) Attend to the deportation of aliens; (r) Monitor all arriving and departing suspected terrorists, drug couriers or members of crime syndicates; (s) Assist and escort deportees, excluded passengers and transiting restricted passengers until finally boarded; (t) Investigate and escort from ports of entry intercepted passengers who are found in possession of spurious travel documents; (u) Implement Warrants of Deportation and Mission Orders involving foreign nationals who violate or are in violation of immigration laws, rules and regulations; and (v) Perform such other functions as may be assigned by the Commissioner from time to time. n Officers, Immigration Inspectors and immigration Agents with the requisite training and experience may be assigned to the Intelligence, Law Enforcement, Alien Registration, Immigration Regulation, and Operations Divisions depending on the exigencies of the Bureau. The Board may, in the exigencies of service, designate certain duties and responsibilities listed in this section to other officers and employees in the Intelligence or Law Enforcement Divisions in an acting 19 capacity: Provided, That such designation shall not exceed a period of one (1) year. SEC. 40. Deployment of Immigration Personnel Abroad. - Within ninety (90) days from the effectivity of this Act, the DFA and the Bureau shall promulgate the implementing rules and regulations on the assignment and deployment of Immigration Officers to select consular posts abroad who shall, subject to the pertinent provisions of Republic Act No. 7157 or the “Philippine Foreign Service Act of 1991”, perform immigration duties, except diplomatic and consular functions. CHAPTER 9 CAREER DEVELOPMENT PATTERN SEC. 41, Career Development. - The Bureau shall: (a) Establish and strengthen the Philippine Immigration Academy which shall be under the control and supervision of the Commissioner; (b) Create a continuing program to enhance the knowledge, skills and competence of all personnel through a career advancement training and education prior to their promotion; and (c) Formulate training requirements to implement the provisions in this Title.CHAPTER 10 OTHER OFFICES SEC. 42. Changes in the Composition, Distribution and Assignment of Regional, District and Field Offices. - The Commissioner may make changes in the composition, distribution and assignment of regional, district and field offices as well as its personnel, based on the demographics of foreign nationals and as the exigency of the service requires, subject to civil service rules and regulations. SEC. 43. Border Control Checkpoints. ~ In addition to international airports and international seaports, there shall be established Border Control Checkpoints which shall be manned by Immigration Officers appointed as Border Control Officers by the Commissioner. The Border Control Checkpoints shall be placed in specific areas in the Philippines which shall be determined by the Board. Border Control Officers shall perform the following duties: (a) Conduct immigration formalities to foreign nationals passing through their areas of responsibility; (b) Enforce immigration laws, rules and regulations; (c) Coordinate with other law enforcement agencies in the enforcement of immigration laws, rules, and regulations; (d) Apprehend and take into custody illegal entrants; and (e) Perform such other functions as may be directed by the Commissioner. TITLE IHL IMMIGRATION CHAPTER 1 NON-IMMIGRANTS SEC. 44, Categories of Non-immigrants and Types of Visa Issued. ~ Foreign nationals departing from any place outside the Philippines who are otherwise admissible and who qualify under any one of the following categories may be admitted as non-immigrants: (a) Temporary visitors (A Visas): Visitors coming to the Philippines for a temporary period for reasons of business, pleasure or health: (1) Business (A-1 Visa): Temporary visitors engaged in activities of a commercial or professional nature for a foreign employer or for themselves that will not result in gainful employment in the Philippines. As used herein, the term “business” refers to conventions, conferences, consultations and other legitimate activities of a commercial or a professional nature, but does not include local employment or labor for hire;(2) Pleasure (A-2 Visa}: Temporary visitors who stay in the Philippines for holiday, including sightseeing, recreation or visiting relatives; and (3) Health (A-3 Visa): Temporary visitors who stay in the Philippines to avail of medical treatment; (b) Transit Persons (B Visa): Persons in transit through the Philippines solely for a layover and who have a confirmed connecting flight to another country, or passengers in immediate and continuous transit to a destination outside the Philippines; (c) Crewmembers (C Visa: Persons required for the normal operation and servicing of vessels that come to the Philippines on a temporary basis, either arriving with a vessel or intending to depart the Philippines on the same vessel or any other vessel; (4) Treaty Traders (D-1 Visa) and Treaty Investors (D-2 Visa): Citizens of a country that has a trade treaty with the Philippines, including their family members, and who come to work in the Philippines for either a company they own or one that is at least fifty percent (50%) owned by nationals of their home country and which company is engaged in substantial trade between the Philippines and their home country, shall be granted a D-1 visa Citizens from a country that has an investor treaty with the Philippines, including their family members, and who come to work in the Philippines for a business they own or one that is at least fifty percent (50%) owned by nationals of their home country, which business is supported by a substantial investment from nationals of their home country, shall be granted a D-2 visa; (e) Accredited Foreign Government Officials, Their Families and Household Member (E Visas): Foreign government officials, their families and household members coming to the country for official purpose, pursuant to international conventions and bilateral agreements, shall be granted E Visas, in accordance with the following categories: (2) Persons eligible for E-1 Visa: The E-1 Visa shall be issued to the following classes of foreign nationals: i. Heads of State and Heads of Government and their personal representatives; ii, Members of reigning royal families from count Government; 's recognized by the Philippine iii. Governors-General, Governors, and High Commissioners of dependent territories and their personal representatives; iv. Cabinet ministers and their deputies, and officials with cabinet rank of ministers; v. Presiding officers of national legislative bodies; vi. Justices or judges of the highest national judicial bodies; vii. Diplomats and career consular officials on foreign assignment in the Philippines; viii, Military, naval, air and other attaches assigned to a diplomatic mission; and ix. Accompanying spouses and unmarried dependents of foreign nationals within the abovementioned categories;(2) Persons eligible for E-2 Visa: The E-2 visa shall be issued to an official of a foreign government recognized by the Philippines and who is a national of the country whose government he represents, and is proceeding to the Philippines on a long-term basis in connection with official business for such foreign official's government. This category includes, inter alia, the following classes of foreign nationals: i. Administrative and technical members of the staff of a diplomatic or consular mission; ii, Officials participating in programs under the auspices of the Philippine Government or recognized international institutions; and ili, Accompanying spouses and unmarried dependents of foreign nationals within the abovementioned categories; (3) Persons eligible for E-3 Visa: The E-3 visa shall be issued to an official of a foreign government recognized by the Philippines, is a national of the country whose government he represents, and is proceeding to the Philippines on a short-term basis in connection with official business for such foreign official’s government. This category includes, inter alia, the following classes of foreign nationals: i. Diplomatic couriers regularly and professionally employed as such; ii, All members of official special missions of a diplomatic character; Members of delegations proceeding to or from an international conference of a lomatic or official nature; and iv. Such other officials going to the Philippines on diplomatic or official missions; and (4) Persons eligible for -4 Visa: The E-4 Visa shall be issued to the private employees and household members of persons to whom E-1 and E-2 visas have been granted, as well as their immediate dependents. All visas in Section 44 (e) of this Act shall be exclusively issued and renewed by the DFA, which shall also determine the type of E-Visa of Foreign Government Officials not identified in the foregoing lists. The grant of immunities and privileges shall be subject to applicable domestic and international law and international agreements to which the Philippines is a party, as well as, in consideration of the principle of reciprocity; (f) Students (F the Philippines who seek to enter the Philippines temporarily for the sole purpose of taking up a course of study higher than high school at a university, seminary, academy or college accredited to admit such foreign students by the Commission on Higher Education (CHED) in coordination with the Bureau; a): Foreign students having means sufficient for their support and educat (g) Prearranged Employment (G Visa): Foreign nationals coming to the Philippines on prearranged ‘employment, including their family members accompanying or following to join them within the period of their employment. This category includes intra-company transferees, professionals, performing artists, athletes, and cultural exchange workers under a work exchange program; (h) Religious Workers (H Visa): Duly ordained or professional missionaries and religious ministers, including members of their family, coming to the Philippines to join a religious congregation or denomination duly registered with the Securities and Exchange Commission, upon invitation, sponsorship or guarantee of such religious congregation or denomination, solely for the purpose(i) Representatives of Accredited International Organizations and Government Agencies (I Visa): Foreign officials and staff of accredited international organizations, including their dependent family members, staff, and household members shall be granted | Visas in accordance with the following categories: (1) Persons eligible for |-1 Visa: The -1 Visa shall be issued to the principal officials of accredited international organizations, as well as their accompanying spouses and dependents; (2) Persons eligible for 1-2 Visa: The |-2 visa shall be issued to the other officials and staff of accredited international organizations, as well as their accompanying spouses and dependents; (3) Persons eligible for I-3 Visa: The 1-3 visa shall be issued to officials and staff of international organizations who will perform short-term official work with the international organization upon its invitation; and (4) Persons eligible for |-4 Visa: The |-4 Visa shall be issued to the private employees and household members of persons to whom I-1 and |-2 visas have been granted, as well as their immediate dependents. Accredited international organization includes any public international organization engaged in activities of which the Philippines participates pursuant to any treaty or under the authority of any act of the Congress of the Philippines authorizing such participation or making an appropriation for such participation and such other international organizations, institutions, agencies, programs, foundations and entities which are recognized by the government of the Republic of the Philippines, including those existing and already recognized as such at the time of the effectivity of this Act. All types of visas under Section 44 (i) of this Act shall be exclusively issued and renewed by the DFA, which shall also determine the type of | Visa of officials and staff of international organizations that are not identified in the foregoing list. The grant of immunities and privileges shall be subject to applicable domestic and international law, relevant Headquarters Agreements, and international agreements to which the Philippines is a party; ()) Media Workers (J Visa): Foreign media personnel or correspondents, duly accredited by the government agency concerned, who are bona fide representatives of a foreign press, radio, satellite, television, film, or other information media, and are coming to the Philippines solely to engage in gathering information principally for dissemination abroad, including their family members accompanying them or subsequently joining them during the period of the assignment in the Philippines; (k) Exchange Visitors (K Foreign nationals entering the Philippines to 9 teach, study, observe, conduct research or receive training in a specific Exchange 10 Visitor Program duly approved by the Philippine Government; (1) Refugees (L-1 Visa) and Stateless Persons (L-2 Visa): Refugees as defined in this Act and in the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol shall be issued L-1 Visas. Stateless persons as described in this Act shall be issued L-2 Visas. The President or the Secretary of Justice, for humanitarian reasons not inimical to public interest, shall have the exclusive authority to admit refugees and stateless persons in such classes of cases and under such conditions as they may prescribe. The President or the Secretary of Justice shall likewise have the(m) Bridging Visa (M Visa): A temporary visa which allows a foreign national to stay in the Philippines after the expiration of the current visa, other than temporary visitor visa under Section 44(a), and while an application for adjustment of status is being processed; (n) Startup Visa (N visa): Visa issued by the DFA pursuant to Sec. 13, Chapter 3 of Republic Act No. 11337, otherwise known as the “Innovative Startup Act”, which includes the Startup Owner Visa (N-1 Visa), Startup Employee Visa (N-2 Visa) and Startup Investor Visa (N-3 Visa); and (0) Special Non-Immigrant Visa (O Visas): Such other foreign nationals including their family members who may be admitted as non-immigrants under special laws, or foreign nationals not otherwise described in this Act who are coming for temporary periods only, and whose admission is authorized by the Board or the President in the interest of the public or for humanitarian considerations and under such conditions as they may prescribe. All other agencies and offices other than the DFA authorized to issue visas in accordance with existing laws shall be subject to reportorial requirements as prescribed by the Board. The Board shall likewise prescribe penalties for violations thereof. CHAPTER 2 IMMIGRANTS SEC. 45. Quota Immigrants. - Subject to the conditions set forth in this Act, there may be admitted into the Philippines, based upon immigration reciprocity and upon allotment by the Commissioner, “quota immigrants”, not to exceed two hundred (200) of any one nationality for any one calendar year. The following order of preference shall be observed in the allotment of quota immigrants: {a) First Preference: Those whose service and qualifications show high educational attainment, technical training, specialized experience, or exceptional ability in the sciences, arts, professions, or business as would reasonably enhance and contribute substantial benefits prospectively to the national economy, or cultural or educational interests or welfare of the Philippines, including their family members, accompanying or following to join them, who shall likewise be allotted individual quota numbers; (b) Second Preference: Parents of a naturalized Pk ppine citizen; (c) Third Preference: Spouses or minor children of foreign nationals who are lawful permanent residents of the Philippines; and (d) Fourth Preference: Parents of foreign nationals who are lawful permanent residents of the Philippines. SEC. 46, Allotment of Quota. — The Commissioner shall, with respect to the first preference, allot not more than fifty percent (50%) of the annual quota allotment up to the end of June of each year: Provided, That if the fifty percent (50%) allotment for the first preference by any nationality is not utilized, the balance thereof shall be given to the second, third, and fourth preferences for the same nationality in accordance with Section 45 of this Act. Any unused quota allotment for a calendar year shall not be carried over and utilized for the ensuing calendar year.‘SEC. 47. Basis in Determination of Quota Allotment. - The numerical limitation imposed by Section 45 of this Act shall be on the country of which the immigrant is a national or a citizen. For purposes of the quota allocation, the nationality of immigrants possessing dual citizenship may be that of either of the two (2) countries regarding them as a national or citizen if they apply for a visa in a third country. If such immigrants apply for a visa within one of the two (2) countries 28 regarding them as a national or citizen, their nationality shall be that of the country in which they filed their application for a visa to enter the Philippines. ‘SEC. 48. Non-Quota Immigrants. — The following immigrants, known as “non-quota immigrants”, may be admitted without regard to numerical limitation and immigration reciprocity: (a) The spouse of a Philippine citizen: Provided, That abandonment by the foreign spouse, the failure to give support by the foreign spouse to the Filipino spouse and family, and the legal separation or termination of the marital status by annulment, declaration of nullity of marriage or divorce where the cause is attributable to the foreign spouse, shall constitute grounds for cancellation of the immigrant visa issued to the foreign spouse; (b) A person of Filipino descent regardless of generation; (c) A child born to a mother during her temporary visit abroad, the mother being a foreign national and lawful permanent resident of the Philippines, if accompanied by or coming to join the mother who applies for admission within five (5) years from the birth of the child; (d) A child born subsequent to the issuance of an immigrant visa to the accompanying parent, the visa not having expired or revoked; (e) A foreign national who had been previously lawfully admitted into the Philippines for permanent residence who is returning from a temporary visit abroad to an unrelinquished residence in the Philippines; (f) A natural-born citizen who becomes a naturalized citizen of a foreign country and is returning to the Philippines for permanent residence therein, including the spouse and minor children accompanying or following to join such person; and (g) Spouse, parent, children, legitimate siblings of a foreign national who is gainfully employed and holder of a permanent resident status for a period of seven (7) years. CHAPTER 3 NATIVE-BORN FOREIGN NATIONAL SEC, 49, Status of Children Born to Immigrants. ~ A child born in the Philippines to parents who are foreign nationals and lawful residents of the Philippines shall be deemed a native-born permanent resident. SEC. 50, Status of Children Born to Non-immigrants. — A child born to parents who are both non- immigrants shall be deemed a native-born non-immigrant or temporary resident and may remain in the Philippines only during the period of authorized stay of the parents, unless the child reaches the age of eighteen (18) years while continuously residing in the Philippines, in which case such child may apply for naturalization under existing laws or for an appropriate visa.CHAPTER 4 ADJUSTMENT OF STATUS SEC. 51. Conditions for Adjustment of Status of Foreign Nationals. - The status of a foreign national admitted into the Philippines as non-immigrant may be adjusted by the Board to that of a foreign national lawfully admitted as a permanent resident if: {a) the foreign national makes an application for such adjustment; (b) the foreign national is eligible to receive a quota or non-quota immigrant visa and is ad ible to the Philippines as a permanent resident; and (c) a quota immigrant visa is immediately available to the foreign national at the time of application, without the need of first departing from the Philippines. In all such cases, the personal appearance of the foreign national shall be required during the consideration of the application. SEC. 52. Effect of Approval on Application for Adjustment. — Upon the approval of an application for adjustment of status under the preceding section, the Commissioner shall record the foreign national’s lawful admission as a permanent resident as of the date of the approval of the application and shall be included as part of the quota for the calendar year in accordance with Section 45 of this Act. SEC. 53. Adjustment of Status, When Not Allowed. - Adjustment of status under this Act shall not be applicable to: (a) a foreign national who has violated or is in violation of immigration laws, rules and regulations, unless the violation is without the fault of the foreign national or for purely technical reasons; and (b) transients. SEC. 54, Loss of Status. ~ A registered foreign national, except a temporary visitor, who fails to return to the Philippines within a period of one (1) year from departure shall lose the status granted under this Act. Such foreign national may apply for an extension of the period within which to return prior to its expiration and pay the prescribed fees and charges in order to maintain the status or type of visa granted. CHAPTER S DOCUMENTATION AND ADMISSION OF NON-IMMIGRANTS. SEC. 55. Documentary Requirements of Non-immigrants. ~ Non-immigrants must present for admission into the Philippines valid passports issued by the governments of the countries to which they owe allegiance or other travel documents showing their nationality and identity as prescribed by regulations, a valid visa granted by the Consular Officer, if required, and such other relevant documents as may be required under existing laws, rules, regulations, or multilateral or bilateral agreements.SEC. 56. Conditions and Period of Authorized Stay of Temporary Visitors. — The initial period of authorized stay of a foreign national admitted as a temporary visitor under Section 44(a) of this Act shall not exceed fifty-nine (59) calendar days from the date of arrival, subject to bilateral, regional and multilateral visa agreements entered into by the Philippines: Provided, That the conditions for extensions and total period of authorized stay shall be prescribed by the Commissioner: Provided, further, That during the foreign national’s authorized stay, such foreign national: {a) shall not take any employment, whether paid or unpaid; (b) shall not establish or join in any business; and (c} shall not enroll or become a student at a school, college, university, academy, or other educational institution, unless granted, upon proper application, a conversion to another immigration status provided under this Act. SEC. 57. Conditions for Issuance of Pre-Arranged Employment Visas. ~ A foreign national who is seeking admission into the Philippines for a pre-arranged employment shall not be issued a non- immigrant visa referred to in Section 44(g) of this Act until the Consular Officer shall have received authorization for the issuance of the same. Such authorization shall be given only upon the filing of a petition with the Board establishing, among others, that no person can be found in the Philippines willing and competent to perform the work or service for which the foreign national is desired and that the admission would be beneficial to the public interest. The petition shall be under oath by the prospective employer or the latter’s representative in the form and manner prescribed by the Board. If the Board finds that the petition complies with the requirements of the preceding paragraph and of other regulations, it shall grant the petition and shall promptly transmit the authorization to the DFA. SEC. 58. Submission of Crew List and Passenger Manifest. - Simultaneous to the vessel's departure from the port of origin, the master, captain, agent, owner or consignee of any commercial vessel arriving in the Philippines shall submit to the Bureau, within a reasonable time prior to such arrival, the crew lists, passenger manifests and such other information concerning the persons arriving on such a vessel. In the same manner and condition, the master, captain, agent, owner or consignee of any commercial vessel departing from any port in the Philippines shall submit to the Bureau, within a reasonable time prior to such departure, the crew list, passenger manifest and such other information concerning the persons departing on such vessel. The crew list of an incoming sea craft shall contain the appropriate visa granted by the Consular Officer. SEC. 59. Inspection of Crewmembers. ~ It shall be the duty of the master, captain, agent, owner or consignee of any vessel arriving in the Philippines to have available on board, for inspection by Immigration Officers, any foreign crewmember employed on such vessel and, when required by the immigration authorities, to detain such crewmember on board after inspection or to remove such crewmember. No crewmember on board such vessel shall be discharged while the vessel is in port without the permission of the Commissioner. SEC. 60. Permission for Temporary Landing of a Foreign Crewmember.— A foreign crewmember ona vessel arriving in the Philippines may be permitted to land temporarily under such conditions as may be prescribed by the Commissioner. All expenses incurred by the Bureau while the crewmember is on land shall be borne by the master, captain, agent, owner or consignee of theCHAPTER 6 DOCUMENTATION AND ADMISSION OF IMMIGRANTS SEC. 61. Documentary Requirements of Immigrants; Instances When Not Required. — Immigrants must present for admission into the Philippines valid passports or travel documents issued by the government of the country to which they owe allegiance, showing their nationality and identity and valid immigrant visas indicating the date of issue and the period of validity thereof. Immigrant visas shall not be required of the following: {a) A child born subsequent to the issuance of a valid immigrant visa to the accompanying parent; (b) A child born during the temporary visit abroad of the mother who is a lawful permanent resident of the Philippines and a holder of a valid re-entry permit, if the child is accompanied by either parent within five (5) years from the date of the child’s birth; and (c) A foreign national who is retur ig to an unrelinquished lawful permanent residence in the Philippines after a temporary residence abroad and presents for admission a valid re-entry permit. CHAPTER 7 VISA ISSUANCE SEC. 62. Nature of Visa. - Nothing in this Act shall be construed to automatically entitle any foreign national, to whom a visa or other travel document has been issued, to enter the Philippines if, upon arrival at a port of entry, such foreign national is found to be inadmissil under this Act or any other law. SEC. 63. Visa Policy. ~ The policies governing the issuance, extension, renewal and conversion of visas referred to in this Act shall be formulated by the Bureau and the DFA when appropriate; in consultation with concerned government agencies and offices. SEC, 64. Visa Issuance Abroad. ~ All visa issuances abroad shall be done by Consular Officers assigned at Philippine Foreign Service posts in the following manner: (a) Upon approval by the Commissioner and recommendation by a Consular Officer, a quota immigrant visa may only be issued to a foreign national who has made a proper application therefor, which shall specify the nationality to which the quota number is. assigned, the immigrant’s particular status in such country, the preference to which the foreign national is classified, the date on which the validity of the visa shall expire, and such additional information as may be required; and (b) The DFA, through its Consular Offices abroad or the Office of the Visa Director, shall approve the issuance of non-quota immigrant and non-immigrant visas to a foreign national who has made a proper application therefor. The issuance of special non- immigrant visas falling under the jurisdiction of a particular government office or agencySEC. 65. Requirements for Physical and Mental Examination Prior to Issuance of Immigrant Visa. - Prior to the issuance of an immigrant visa to any foreign national, the Consular Officer shall require such person to submit to a physical and mental examination in accordance with such regulations as may be prescribed by the Commissioner. SEC. 66. Visa Validity Period. ~ A single-entry non-immigrant or immigrant visa issued by a Consular Officer abroad pursuant to Section 64 of this Act shall be valid for a period not exceeding three (3) months: Provided, That in prescribing the validity period of a single-entry non- immigrant visa, the Consular Officer may allow a longer validity period based on reciprocity as. accorded by the foreign country to citizens of the Philippines who are within a similar class. An immigrant visa may be replaced under the original number during the calendar year in which the original visa was issued if the concerned foreign national establishes to the satisfaction of the Consular Officer that the original immigrant visa was not used during the period of its validity for reasons beyond the visa holder's control: Provided, That the foreign national is found by the Consular Officer to be eligible for another immigrant visa and has paid all the required fees. SEC. 67. Denial of Visa; Grounds. - The Consular Officer may deny the application for visa if it appears from the statements in the application or in the documents submitted that the applicant ible for a visa under this Act, or if the applicant fails to comply with the requirements of any of the provisions of this Act. SEC. 68. Revocation of Visa Issued by Consular Officer. - The Commissioner may, for valid cause and upon confirmation by the DFA, revoke a visa issued by any Consular Officer. If the notice of revocation is not received and the visa holder applies for admission into the Philippines, the admission or entry of the foreign national shall be determined by the Immigration Officer pursuant to Title IV of this Act. CHAPTER 8 RE-ENTRY AND EMIGRATION CLEARANCE SEC. 69. Re-entry. — In all instances when a registered foreign national, except a temporary Visitor, departs or is about to depart temporarily from the Philippines with the intention to return within one (1) year from departure, the foreign national must secure a re-entry permit or, if the authorized stay is less than one (1) year, a Special Return Certificate, and pay the corresponding fees and charges therefor. SEC. 70. Emigration Clearance. — A registered foreign national who departs permanently from the Philippines shall surrender all Philippine immigration documents and apply for and be issued an Emigration Clearance Certificate, subject to the following conditions: (a) The immigrant has no pending obligation with the government or any of its agencies or instrumentalities; {b) The immigrant has no pending criminal, civil, or administrative proceeding which requires continued presence in the country; and{c) There is no ongoing legislative inquiry where the immigrant is called upon to testify as a witness. A temporary visitor departing from the Philippines shall, after the expiration of the initial authorized stay, apply for emigration clearance and pay the prescribed fees and charges therefor. CHAPTER 9 PRESIDENTIAL PREROGATIVES SEC. 71. Presidential Prerogatives. - Any provi the President may: n of this Act to the contrary notwithstan 1B {a) Deny the entry and admission into the Philippines of, or impose such restrictions as may be deemed appropriate on, any foreign national or a class of foreign nationals, whenever the President finds that such entry would be detrimental to the interest of the Philippines; (b) Waive passport or documentary requirements for non-immigrants and immigrants under such terms and conditions as may be prescribed; (c) Change the status of non-immigrants by allowing them to acquire permanent residence status without necessity of a visa; (d) Deport any foreign national, subject to the requirement of due process; (e) Admit non-immigrants not otherwise provided for in this Act for humanitarian considerations and when not detrimental to public interest, under such terms and conditions as may be prescribed; and (f) Exercise, with respect to foreign nationals in the Philippines, such powers as are recognized by the generally accepted principles of international law. TITLE IV PROVISIONS RELATING TO ENTRY CHAPTER 1 CLASSIFICATION OF PORTS OF ENTRY SEC. 72, Authority to Classify Ports. — The Commissioner shall classify and designate, from among the ports of entry established by law for immigration purposes, limited or unlimited ports of entry through which foreign nationals may be admitted into the Philippines. Only such classes of foreign nationals as provided under the rules and regulations prescribed by the Commissioner may be admitted at limited ports of entry. The Commissioner may, after due notice to the public, close designated ports of entry in the interest of national security or public safety.CHAPTER 2 PROCEDURES ON ARRIVAL SEC. 73. Inspection by Immigration Personnel. — A foreign national seeking admission or readmission shall present a valid passport and visa, if required, to the Immigration Officer at the port of entry and shall be subject to primary inspection. The decision of the examining Immigration Officer, if favorable to the admission of any foreign national, may be challenged by another Immigration Officer on any ground provided in this Act. The final determination on the admissibility of such foreign national shall be determined by the Commissioner within forty-eight (48) hours in case no resolution is reached between the Immigration Officers on the challenged admission. in case of admission, the Immigration Officer shall indicate in the passport the date, the port of entry and the identity of the vessel boarded. SEC. 74, Detention or Quarantine for Examination. — For the purpose of determining whether a foreign national arriving at any port in the Philippines belongs to any of the classes excludable under this Act by reason of being afflicted with any of the contagious or communicable disease ‘or mental disorder as set forth under Section 84(a) of this Act or whenever the Commi received information showing that foreign nationals are coming from a country or a place where any of such diseases are prevalent or widespread, the foreign national shall be detained or quarantined for a reasonable period of time to enable the immigration and medical officers to subject such person to observation and examination. ner has SEC. 75. Medical Examination Requirement. ~ Any arriving foreign national whom the examining Immigration Officer believes to belong under the class of excludable foreign nationals specified in Section 84(a) of this Act shall be referred to designated medical officers for physical and mental examination. Such medical officer shall certify the findings of the examination for the information of the Immigration 3 Officer. SEC. 76. Arrival Notice Requirements of Vessel. - The immigration authorities shall be given prior notice of the arrival of any civilian vesse before such vessel comes into any area in the Philippines from any place outside thereof. Such prior notice shall not be required in the case of vessels with scheduled arrivals filed with the Immigration Officer in charge at the international port of entry. If, upon arrival in any area other than the designated port and there is no available Immigration Officer therein, the master, pilot, captain, agent or consignee shall not allow the passengers and crew members to disembark or leave the primary inspection area until the Immigration Officer shall have conducted the primary inspection formalities. CHAPTER 3 FOREIGN CREWMEMBER SEC. 77. Conditional Permit to Disembark. — A foreign crewmember of a vessel under Section 44(c) of this Act may be granted a conditional permit, in a form prescribed by regulations, to disembark temporarily from the vessel on which such crewmember arrived while the vessel remains in port under such terms and conditions as may be prescribed by the Commissioner.SEC. 78. Confiscation and Cancellation of Permit; Deportation from the Philippines. Upon the determination that the foreign national is not a bona fide crewmember or does not intend to depart on the vessel that brought him, the Commissioner shall cancel and confiscate the conditional permit already issued, take such foreign national into custody, and require the owner, operator, captain, master, pilot, agent or con: arrived to receive and detain the foreign national on board. The expenses for removal of the foreign national, including the cost of detention and other expenses incidental thereto, shall be borne by the owner, operator, captain, master, pilot, agent or consignee of such vessel. nee of the vessel on which the foreign national SEC. 79. Liability for Overstaying Foreign Crewmen. — A foreign crewmember who remains in the Philippines in excess of the period allowed in the conditional permit issued shall be solidarily liable with the owner, operator, captain, master, pilot, agent or consignee of the vessel for the payment of the penalties prescribed in Section 127 of this Act. SEC. 80. Liability for Unauthorized Discharge of Foreign Crewmember. — It shall be unlawful for any person, including the owner, operator, captain, master, pilot, agent or consignee of any vessel, to discharge any alien employed as a crewmember on a vessel arriving in the Philippines without first obtaining the prior permission of the Commissioner. Otherwise, such person or ‘owner, operator, captain, master, pilot, agent or consignee of the vessel shall pay such fines as may be prescribed under this Act. No vessel shall be granted clearance from any port in the Philippines while such fines remain unpaid or while the validity thereof is being determined: Provided, That a clearance may be granted prior to such determi n upon deposit of a sum or cash bond sufficient to cover such fines as approved by the Commissioner. SEC. 81. Duty to Report Desertion or Illegal Landing of Foreign Crewmember. - The owner, operator, captain, master, pilot, agent or consignee of any vessel shall immediately report, in writing, to the Immigration Officer all cases of desertion or illegal disembarkation in the Philippines from the vessel, together with a 6 description of such foreign nationals and any information that shall result in their apprehension. SEC. 82. Requirement for Submission of List of Newly Employed, Discharged and Illegally Landed Foreign Crewmembers. - Prior to the departure of any vessel from the last port in the Philippines destined to any place outside thereof, the owner, operator, captain, master, pilot, agent or consignee thereof shall deliver to the Immigration Officer at that port a list containing: (a) The names of crewmembers who were not employed thereon at the time of the vessel's arrival on such port but will depart thereat on the same vessel; (b) The names of those who have been discharged, if any; (c) The names of those who have deserted or illegally landed at that port, if any; and (4) Such other additional information as the Commissioner deems necessary. SEC. 83. Liability for Failure to Submit Complete, True and Correct Report. - The owner, operator, captain, master, pilot, agent, or consignee who fails to submit a true and complete list, or report of foreign nationals or to report cases of desertion or illegal landing shall pay such sum as may be prescribed under Chapter 6, Title VI of this Act. No vessel shall be granted clearance to depart from any port in the Philippines while such fines remain unpaid or while the validity thereof is being determined: Provided, that clearance may be granted prior to such determination upon deposit of a sum ar cash bond sufficient to cover such fines as approved by the Commissioner.CHAPTER 4 EXCLUSIONS SEC, 84, Exclusion Grounds. - The following classes of foreign nationals shall not be allowed entry and shall be excluded from the Philippines on the following grounds: (a) Health Related Matters (1) Those who are found to be suffering from a communicable, dangerous or contagious disease, unless excepted under existing laws, rules and regulations; (2) Those who are found to be suffering from mental disorder or mental health- associated behavior that may pose a threat to persons or danger to property; (3) Those who are found to be suffering from addiction to prohibited or regulated substance; (b) Economic Concerns (1) Those likely to become a public charge; (2) Those seeking entry for the purpose of performing skilled or unskilled labor, without a permit from the Secretary of the Department of Labor and Employment as required by law; (c) Moral Issues (1) Those coming to the Philippines to practice polygamy or who advocate the practice of polygamy unless the person's réligion allows such practices; (2) Those who are pedophiles, sexual perverts or those coming to the Philippines for immoral purposes; (3) Those who are engaged of who seek to engage in prostitution or to procure or attempt to procure prostitutes, or who receives in whole or in part the proceeds of prostitution; (4) Those who, at the time of primary inspection by the Immigration Officer, exhibit any contemptuous or disrespectful behavior towards the said officer or any government official or employee of the Bureau; (d) Criminal and Security Considerations (1) Those who have been convicted of a crime involving moral turpitude or who admit to the Immigration Officer having committed such crime, or who attempt and conspire to commit the crime; (2) Those who have been convicted, or who admit having committed, or are committing acts which constitute the elements of a violation or conspiracy to violate any law or regulation of the Philippines or a 36 foreign country relating to a controlled, regulated or prohibited substance, or who admit having attempted or conspired to commit the crime;(3) Those that the Philippine Government knows or has reason to believe 41 are or have been (i) traffickers of any controlled, regulated or prohibited substance, or (ii) accomplices, accessories, abettors, or co conspirators in the illicit trafficking of any controlled, regulated or prohibited substance; (4) Those who are fugitives from justice; (5) Those who seek to enter the Philippines to engage in: (a) espionage or sabotage, or a violation or evasion of laws prohibiting export of goods, technology or sensitive information; (b) any activity aimed to promote membership in an organization of syndicated criminal activities; (c) any activity, the purpose of which is to overthrow the Philippine government by force, violence, or other unlawful means; and (d) any other unlawful activity; (6) Those who are engaged or believed to be engaged or likely to engage in, aid, abet or finance any terrorist activity and members or representatives of a foreign terrorist organization; (7) Those who have been identified by competent authorities, local or foreign, as having engaged or are engaging in human trafficking and smuggling; (8) Those who are under fifteen (15) years of age and unaccompanied by or not coming to join a parent, except that they may be admitted at the discretion of the Commissioner, if otherwise admissible: Provided, That they present a written consent to travel from either parent citing the purpose thereof and affirmed by a Consular Officer; and (9) Those who have been identified by competent authorities, local and foreign, as having engaged or are engaging in importatian of contrabands and other prohibited articles into the country. SEC. 85. Temporary Custody of Excludable Foreign Nationals. — For the purpose of ascertaining whether a foreign national arriving in the Philippines belongs to any of the excludable classes of foreign national provided in this Act of related laws, the Immigration Officer, for a period not exceeding seventy-two (72) hours, may temporarily take into custody for investigation such foreign national either on board the vessel or at a place designated for the purpose at the expense of the master, captain, agent, owner or consignee of the carrying vessel. SEC. 86. Finality of Exclusion Order. ~ An order by the Immigration Officer to exclude a foreign national who is excludable under this Act is final and executory unless revoked by the Commissioner upon a timely appeal prior to the implementation 38 of the exclusion order. SEC. 87. Authority to Waive Grounds for Exclusion. — Except for grounds of exclusion under Section 84(d), subparagraphs 1 to 7 and 9, the Commissioner may waive any of the grounds for exclusion mentioned in Section 84 of this Act