Bureau of Immigration Modernization Act

witter ofi TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session AUb -5 P3:48 SENATE RECEIVED EY S. No. - Introduced by Senator Jinggoy Ejercito Estrada AN ACT MODERNIZING THE BUREAU OF IMMIGRATION BY DEFINING ITS POWERS AND FUNCTIONS, EXPANDING, RATIONALIZING AND FURTHER PROFESSIONALIZING ITS ORGANIZATION, UPGRADING THE COMPENSATION AND BENEFITS OF ITS OFFICIALS AND EMPLOYEES, AND APPROPRIATING FUNDS THEREFOR EXPLANATORY NOTE It is incumbent upon Congress to pass a law amending one of the most important pieces of legislation, Commonwealth Act No. 613, otherwise known as the Philippine Immigration Act of 1940. Commonwealth Act No. 613 was passed eighty- five (85) years ago. Since then, there have been significant changes in the social, economic, and political milieu, as well as major technological advancements. 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 an integral factor in the development of the country through the promotion of investments, trade and commerce, and tourism. This bill seeks to reorganize and strengthen the Bureau of Immigration 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.

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

TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES ) 25 AUG -5 P3:48 First Regular Session SENATE RECENED B' S. No. _ Introduced by Senator Jinggoy Ejercito Estrada AN ACT MODERNIZING THE BUREAU OF IMMIGRATION BY DEFINING ITS POWERS AND FUNCTIONS, EXPANDING, RATIONALIZING AND FURTHER PROFESSIONALIZING ITS ORGANIZATION, UPGRADING THE COMPENSATION AND BENEFITS OF ITS OFFICIALS AND EMPLOYEES, AND APPROPRIATING FUNDS THEREFOR Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled: TITLE I GENERAL PROVISIONS

Section 1. Short Title. - This Act shall be known as the "Bureau of

Immigration Modernization Act".

Sec. 2. Declaration of Policy. - In the conduct of its relations with other

6 States, the Philippines hall give paramount consideration to national sovereignty, 7 territorial integrity, national security, national interest, the right to self- determination, the enhancement of economic diplomacy, and the protection of overseas Filipino in destination countries as it adheres to the policy of peace, cooperation, and amity with all nations. 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, in recognition of:

a) the admission of foreign nationals for the purpose of encouraging and enhancing capital investments, trade and commerce, cultural exchanges and other forms of friendly relations and cooperation; b) the need to support technological and scientific development in the country; c) the promotion of conditions for social welfare and economic security of the people; d) the fulfillment of obligations and compliance with standards set by international law in the admission or exclusion of foreign nationals; e) the modernization of structures and mechanisms necessary for the administration of immigration laws in keeping with the changing demands of the country's role in the global community; and 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 Act:

a) Admission refers to the process by which a foreigner 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 tasked to man the Border Control Checkpoints authorized 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 age; e) Citizen refers to any person who is a citizen of the Philippines under

Section 1, Article IV of the Constitution of the Republic of the 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 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 (HDO) 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; and 4) Temporary Travel Restriction Order (TTRO) refers to a document issued by the Secretary of Justice, or his authorized representative, against a respondent in a case subject of preliminary investigation when the minimum imposable penalty is six (6) months and one (1) days or when the offender is a foreigner regardless of the imposable penalty, directing the Bureau of Immigration to prevent the subject thereof from leaving the Philippines for a period of sixty (60) days from issuance of the order, unless the handling prosecutor recommends the filing of the appropriate case before the Regional Trial Court, which has the authority to issue HDOs. The TTRO may be extended for another

sixty (60) days, but without prejudice to the filing of an Allow Departure Order. j) Entry refers to the arrival of a foreign national into any designated port of entry in the Philippines from a place outside the Philippine territorial jurisdiction. A foreign national having a lawful permanent residence in the Philippines shall not be regarded as making an entry for the purpose of this Act, if such foreign national proves that the departure to a place outside the Philippines was for a temporary or limited period, or the continued absence from the Philippines was occasioned by deportation proceedings, extradition, or other legal process; k) Exclusion refers to the act of Immigration Officers denying admission of a foreign national into the county 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 any other laws presently existing or which may hereafter be enacted relating to the movement of natural persons to and from the Philippines; o) Immigration Officer refers to any person appointed under Title II, Chapter 18 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 the state or territory where their lives or liberty are threatened; r) 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; s) Port of entry refers to any port designated by the Commissioner through which a foreign national may enter or exit the Philippines; t) 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; u) Seaman, Seafarer or Crewmember refers to a person actually employed in the operation or service in any capacity on board a vessel; v) Stateless Person refers to a person who is not considered a national by any state under the operation of its laws; w) Travel document refers to a certification or identifying document containing the description and other personal circumstances of its bearer issued by a government to individuals for travel purposes; x) Vessel refers to all means of conveyances, whether aircraft or sea craft; and y) Visa refers to an endorsement on a passport or any travel document issued by a Consular Officer abroad authorizing the holder thereof to proceed to a designated port of entry in the Philippines and there to apply for entry and admission under the status specified therein; or an endorsement on a passport or any travel document granted by the Commissioner of the Board under this Act, or by any other person authorized by existing laws. TITLE II THE BUREAU OF IMMIGRATION CHAPTER 1 THE BUREAU

Sec. 4. Overview. - The Bureau of Immigration, hereinafter referred to as the

2 Bureau, shall be under the control and supervision of the Department of Justice 3 (DO)). The Bureau shall be principally responsible for the administration and 4 enforcement of this Act, and the implementation of all laws, rules and regulations, or 5 orders of any competent authority concerning the entry and admission into, stay in 6 and the departure from the Philippines of all persons. The Bureau may seek the 7 assistance of other government entities in the enforcement of laws, rules and 8 regulations relating to immigration, border control and anti-trafficking in persons. CHAPTER 2 THE BOARD OF COMMISSIONERS

Sec. 5. Composition and Qualification of the Board of Commissioners. - The

12 Bureau shall be administered by the Board of Commissioners, hereinafter referred to 13 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 18 standing for at least five (5) years prior to the appointment: Provided, further, That 19 at least one (1) member of the Board shall come from the ranks of the Commission.

Sec. 6. Powers and Functions of the Board. - The Board shall 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; 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 public; 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 provisions of this Act.

Sec. 7. Decisions of the Board. - All cases or proceedings before the Board

8 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 10 receipt thereof by the concerned parties. Only one (1) motion for reconsideration shall be allowed. Decisions in deportation cases may be appealed to the Secretary of Justice within fifteen (15) days from receipt thereof by the concerned party. The decision of the Secretary of Justice within fifteen (15) days from receipt of judgement. 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. 8. Period for Decision by the Board. - The Board shall decide deportation

18 cases within sixty (60) days from the date they are submitted for resolution.

Sec. 9. Meetings of the Board. - In all cases, the Board of Commissioners

20 shall convene and act as a collegial body in all matters referred to in Section 6 of this 21 Act. The Board shall meet at least once a week or, if necessary, twice a week. 22 Members of the Board shall be notified accordingly and the presence of the 23 Chairperson and one (1) member shall constitute a quorum. CHAPTER 3 THE COMMISSIONER AND THE DEPUTY COMMISSIONERS

Sec. 10. Appointment of the Commissioner. - The Commissioner shall be

appointed by the President and shall have the same rank, salary, and privileges of an Undersecretary of a Department.

Sec. 11. Powers and Functions of the Commissioner. - In addition to the

duties as Chairperson of the Board of Commissioners, the Commissioner shall exercise the following powers and functions: a) Supervise, direct and coordinate the overall operations of the Bureau;

b) Appoint, promote, and reassign personnel of the Bureau in accordance with civil service laws, rules and regulations, subject to the approval of the Secretary of Justice; c) Issue the following: 1) Mission Order, after determination of the existence of probable cause for the purpose of deporation; 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(i) of this Act; d) Delegate authority to subordinate immigration personnel and employees of the Commission, except the powers and function enumerated in paragraph (c) of this section, which may be delegated only to a Deputy Commissioner; e) Act on application for extension of visas with the concurrence of the Board; f) Act on application for study and work permits; g) Control the opening and closure of posts, landing places, airports or ports classified as points of entry or exit, whether limited or unlimited; h) Increase, reduce or waive immigration fines, penalties and other charges; i) Issue Certificates of Naturalization to foreign nationals who have been granted Philippine citizenship; j) 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;

1) 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; o) 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 banks 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 treasury; q) Submit to the President and to Congress, annually or as may be directed, a report on: 1) The number and status of foreign nationals in the Philippines; 2) Foreign national admitted or granted change of status as permanent residents; 3) Foreign nationals who have been excluded or deported from the Philippines; 4) The estimated number of illegal foreign nationals in the Philippines in each calendar year and actions taken to arrest them, grouped by nationality, for each region in the Philippines; and 5) Such other transactions of the Bureau; r) 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 on an eight-hour shift; 5) Receive administrative complaints against BI personnel, gather evidence in relation thereto, conduct administrative investigation, and transmit complete records thereon to the Office of the Secretary through the Internal Affairs Service (IAS); 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. Powers and Functions of the Director General. - 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 determined by the Commissioner. CHAPTER 4 THE ITNERNAL AFFAIRS SERVICE

Sec. 14. Qualifications of the Director, Internal Affairs Service (IAS). - An

Internal Affairs Service (IAS) of the Bureau is hereby created directly under the Office of the Secretary of Justice, 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 of the IAS. - The IAS shall have the following

powers and functions:

a) Conduct inspections and audit over all personnel and units of the Bureau; b) Conduct summary hearings of administrative cases initiated against personnel appointed by the Commissioner. The Office of the Commissioner shall receive all administrative complaint and indorse the same to the Office of the Secretary together with investigation reports and evidence gathered in relation to the complaint; c) File appropriate criminal cases against BI personnel before the court when warranted and assist in the prosecution thereof; and d) Provide assistance to the Office of the Ombudsman in cases involving the personnel of the Bureau. CHAPTER 5 THE BOARD SECRETARY

Sec. 16. Qualifications of the Board Secretary. - There shall be a Board

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

Sec. 17. Powers and Duties. - The Board Secretary shall:

a) Attend in 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 deliberation 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

1 (2) members. The BSI shall be designated according to their areas of specialization 2 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 5 Commissioner, all of whom shall be natural-born citizens of the Philippines, and at the time of their appointment, at least thirty (30) years of age, members of the Philippine Bar in good standing and engaged in the practice of law for at least three 8 (3) years

Sec. 20. Powers and Functions of the BSI. - 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; 3) Legalization of residence in accordance with law; and 4) Issuance of visas for stateless persons. b) Recommend to the Commissioner for appropriate action cases and applications relative to: 1) Cancellation of alien certificates or registration by marriage; and 2) Issuance of alien certificates or registration to refugees; c) Issue subpoena in cases being heard by the BSI; d) In the exercise of its quasi-judicial power, cite and punish persons for contempt in accordance with the Rules of Court; 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; g) Promulgate rules and regulations governing matters within its assigned mandate subject to the approval of the Board; and h) Perform such other duties and functions as may be directed by the Commissioner or the Board of Commissioners.

Sec. 21. Proceedings Before the BSI. - The proceedings before the BSI shall

2 be public and recorded. In all cases, the BSI shall meet and act as a collegial body. 3 Only members of the Philippine Bar in good standing may appear for and in behalf of 4 any party before the BSI.

Sec. 22. Resolutions of the BSI. - Cases before the BSI shall be resolved

6 within five (5) working days from the date the cases are submitted for resolution. 7 The resolution of the BSI shall be submitted immediately to the Board for action.

Sec. 23. Creation of the Positions; BSI. - The positions created under the BSI

9 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) Intelligence; 8) Law Enforcement; 9) Legal Affairs; 10)Operations; and 11)Planning and Research b) Field Offices that shall be created by the Board of Commissioners according to political or administrative regions. c) Districts: 1. Major airports; and

2. Seaports.

Sec. 25. Heads of the Divisions and Other Operating Units. - Each Division

3 shall be headed by a Division Chief with a Salary Grade of 25: Provided, That the Chief for Legal Affairs shall be a member of the Philippine Bar in good standing and 5 must have been engaged in the practice of law for at least three (3) years, and that 6 the Chief for Finance and Logistics shall be a Certified Public Accountant in good 7 standing for at least three (3) years. The Regional Offices shall be headed by a Supervising Immigration Officer with a Salary Grade of 23, while the District and Field Offices shall be headed by a 10 Senior Immigration Officer with a Salary Grade of 20. No person shall be appointed as Chief of any of the Divisions enumerated in 12 Section 24(A) of this Act unless such person meets the qualification standards set by 13 the Bureau and approved by the Civil Service Commission (CSC).

Sec. 26. Organizational Structure, Duties and Functions of the Divisions,

15 Regional Offices, Districts, Field Offices and Other Operating Offices. - Subject to the 16 approval of the DBM, the Board shall determine the organizational structure of the 17 different Divisions and other operating offices of the Bureau to ensure the effective performance of their respective mandates.

Sec. 27. Chief Administrative Officer. - The Chief Administrative Officer shall

perform the following duties: a) Development 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 of Commissioners such policies, programs and measures for the effective and efficient administrative functions of the Bureau; and d) Perform such other tasks as may be directed by the Commissioner.

Sec. 28. Chief Alien Registration Officer. - The Chief Alien Registration

Officer 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 of Commissioners 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 Chief Finance and

Logistics Officer 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 of 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

Chief Human Resource Management and Development Officer shall perform the following duties: a) Develop and execute human resource strategies in support of the overall plan and strategic direction of the Bureau especially in the areas of selection, hiring and promotion; b) Design employee training modules; c) Develop comprehensive strategic recruiting and retention plans to meet the human capital of strategic 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; and g) Prepare and implement schemes to strengthen the relationship between management and employees.

Sec. 31. Chief Immigration Regulation Officer. - The Chief Immigration

Regulation Officer shall perform the following duties: a) Enforce immigration laws relation to the admission of aliens on primary inspection, as well as their exclusion, deportation and repatriation; sojourn, and those relating to administrative penalties against commercial sea vessels; b) Formulate plans and programs for the effective enforcement or immigration laws relating to the admission, sojourn and exit of alients; c) Establish policies for the effective surveillance, monitoring, and supervision of all Bay Service Operations of all commercial vessels while in Philippine territory; d) Oversee and supervise all Regional, District and Field Offices, and Border Crossing Checkpoints; e) Maintain administrative control over aliens admitted for limited periods by enforcing and implementing temporary visitors' visa extension policies for aliens; f) Assist the Commissioner in administering issuances of student visas, permits and other orders related thereto; g) Assist the Commissioner in the preparation of all orders pertaining to downgrading of visas, transfer, amendment, and correction of admission; h) Represent the Bureau in the enforcement of the RP-Indonesian Agreement the RP-Malaysian Anti-Smuggling Agreement, and other subsequent similar agreements; and 1) Perform such other tasks as may be directed by the Commissioner.

Sec. 32. Chief Information and Communications Technology Officer. - The

2 Chief Information and Communications Technology Officer 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 ICT projects of the Bureau; c) Review, evaluate and recommend for approval by the Commissioner the integration of all existing ICT systems of the Bureau; 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 Chief Immigration

Intelligence Officer 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 Immigration Law Enforcement Officer. - The Chief Immigration

Law Enforcement Officer shall perform the following duties: a) Develop plans and programs for effective law enforcement actions against foreign national 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 in the implementation of the following: 1) Mission Orders, after determination of the existence of probable cause for 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; c) Initiate the development of law enforcement training modules; d) Establish an effective monitoring tool for fugitives and undesirable foreigners; and e) Perform such other tasks as may be directed by the Commissioner.

Sec. 35. Chief Legal Affairs Officer. - The Chief Legal Affairs Officer 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 opinion 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 Chief Immigration

Operations Officer shall perform the following duties: a) Formulate plans and programs for the effective and efficient immigration operations in all international airports and seaports; 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 Chief Planning and

Research Officer 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; and f) Represent the Board in meeting relating to planning and research. 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 Civil Service Commission. The following determinative factors shall be included in setting the qualification standards for each position: a) Educational Attainment b) Civil Service Eligibility

c) Relevant Experience d) Training (Basic, Advanced or Executive) e) Agility

Sec. 39. Powers and Functions of Immigration Officers. - The Immigration

5 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; d) Search for foreign nationals on any vessel believed to be used to illegally bring foreign nationals into the Philippines, and to take into custody without warranty 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; 1) Conduct case build up, analysis and other in-depth research, as well as provide analytical reports on foreign nationals who violate or are in violation of immigration laws, rules and regulations; m) Coordinate with other local and international law enforcement agencies in the gathering of intelligence information related to immigration law violations; n) Conduct counter-intelligence operations; o) Enforce lawful orders relation to the exclusion, deportation and repatriation of aliens; P) Take charge of the physical detention of aliens pending their exclusion, deportation or repatriation; 4) 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 (WOD) 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. Qualified Immigration Officers, Immigration Inspectors and Immigration 29 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

1 section to other officers and employees in the Intelligence or Law Enforcement 2 Divisions in an acting capacity: Provided, That such designation shall not exceed a period of one (1) year.

Sec. 40. Deployment of Immigration Personnel Abroad. - Within ninety (90)

5 days from the effectivity of this Act, the Department of Foreign Affairs (DFA) and the 6 Bureau shall promulgate the implementing rules and regulations on the assignment 7 and deployment of Immigration Officers to select consular posts abroad who shall, 8 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 of this Title. CHAPTER 10 OTHER OFFICES

Sec. 42. Changes in the Composition, Distribution and Assignment of Regional

23 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

28 and international seaports, there shall be established Border Control Checkpoints 29 which shall be manned by Immigration Officers appointed as Border Control Officers 30 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 32 Officers shall perform the following functions:

a) Conduct immigration formalities to foreigners 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 III 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 14 admissible and who qualify under any one of the following categories may be 15 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 of 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 passing through the Philippines solely for a "stop over" who have confirmed connecting flight to another country or

passengers in immediate and continuous transit to a destination outside the Philippines; 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 (D-1 Visa) and Treaty Investors (D-2 Visa): Citizens from a country that has a trade treaty with the Philippines, including their family members, and who come to work in the Philippines for either a company they own or one that is at least fifty percent (50%) owned by nationals of their home country and which company is engaged in substantial trade between the Philippines and their home country shall 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 perent (50%) owned by nationals of their home country shall be granted a D-2 visa; e) Accredited Foreign Government Officials, Their Families and Household Member (E Visa): 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 into four (4) types, namely: 1) Persons eligible for E-1 Visa: The E-1 Visa shall be issued to the following classes of foreign nationals: i) Heads of State and/or Heads of Government and their personal representatives; ii) Members of reigning royal families from countries recognized by the Philippine Government; ili) Governors-General, Governors, and High Commissioners of dependent territories and their personal representatives; iv) Cabinet ministers and their deputies, and officials with cabinet rank of ministers; v) Presiding officers of national legislative bodies;

vi) Justices or judges of the highest national judicial bodies; vii) Diplomats and career consular officials on foreign assignment in the Philippines; Vili) Military, naval, air and other attaches assigned to a diplomatic mission; and ix) Accompanying spouses and unmarried dependents of foreigners within the above mentioned 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: a) Administrative and technical members of the staff of a diplomatic or consular mission; b) Officials participating in programs under the auspices of the international Philippine Government or recognized institutions; and c) Accompanying spouses and unmarried dependents of foreigners within the abovementioned categories; 3) Persons eligible for E-3 Visa: The E-3 Visa shall be issued to an official of a foreign government recognized by the Philippines, is a national of the country whose government he represents, and is proceeding to the Philippines on a short-term basis in connection with official business for such foreign official's government. This category includes, inter alia, the following classes of foreign nationals: a) Diplomatic couriers regularly and professionally employed as such;

b) All members of official special missions of a diplomatic character; c) Members of delegations proceeding to or from an international conference of a diplomatic or official nature; and d) Such other officials going to the Philippines on diplomatic or official missions; 4) Persons eligible for E-4 Visa: The E-4 Visa shall be issued to the private employees and household members of persons to whom E-1 and E-2 Visas have been granted, as well as their immediate dependents; All visas enumerated 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 Visa): International students who can demonstrate means sufficient for their support and education in the Philippines who seek to enter the Philippines temporarily for the primary purpose of studying or taking partial studies in eligible courses or degree programs in a university, seminary, academy or college recognized to offer such higher education programs by CHED and other authorities pursuant to law and accredited to admit such international students by the CHED in coordination with BI. The international student's area of study may relate to the following fields/scope: 1) Full degree 2) Exchange of short-term mobility 3) Internship/co-op education 4) Certificates/diploma/qualifications 5) Immersion/service learning/social engagement 6) Research and/or graduate studies

7) Study, work, holiday pursuant to trade agreements 8) Cultural exchange 9) Language training program 10)Such other education or training-related activities undertaken pursuant to acquiring certification, diploma, credit recognition, degree or qualification. g) Prearranged Employment (G Visa): Foreign nationals coming to the Philippines on prearranged employment, including their family members accompanying or following to join them within the period of their employment. This category includes intra-company transferees, professionals, performing artists, athletes, and cultural exchange workers under a work exchange program; h) Religious Workers (H Visa): Duly ordained or professional missionaries and religious ministers, including members of their family, coming to the Philippines to join a religious congregation or denomination duly registered with the Securities and Exchange Commission, upon invitation, sponsorship or guarantee of such religious congregation or denomination, solely for the purpose of propagating, teaching and disseminating their faith or religion; Representatives of Accredited International Organizations and Government Agencies (I Visa): Foreign officials and staff of accredited international organizations, including their dependent family members, staff, and household members shall be granted I Visas divided into four (4) types, namely: 1) Persons eligible for 1-1 Visa: The 1-1 Visa shall be issued to the principal officials of accredited international organizations, as well as their accompanying spouses and dependents; 2) Persons eligible for I-2 Visa: The I-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 I-3 visa shall be issue 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 1-4 Visa: The I-4 Visa shall be issued to the private employees and household members of persons to whom E-1 and E-2 visas have been granted, as well as their immediate dependents. Accredited international organization 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 I 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. j) Media workers (J Visa): Foreign media personnel or correspondents, duly accredited by the government agency concerned, who are bona fide representatives of a foreign press, radio, satellite, television, film, or other information media, and are coming to the Philippines solely to engage in gathering information principally for dissemination abroad, including their family members accompanying or following to join them during the period of the assignment in the Philippines; k) Exchange Visitors (K Visa): Foreign nationals entering the Philippines to teach, study, observe, conduct research or receive training in a specific Exchange Visitor Program duly approved by the Philippine Government; 1) Refugees (L-1 Visa) and Stateless Persons (L-2 Visa): Refugees as defined in the this Act in the 1951 Convention Relating to the Status of Refugees

and its 1967 Protocol shall be issued L-1 Visas. Stateless persons, whose admission or humanitarian reasons and not inimical to public interest has been approved by the Secretary of Justice or the President in such cases and under such conditions as they may prescribe, shall be issued L-2 Visas; 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) o) Special Non-Immigrants (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 provided for by this Act who are coming for temporary periods only, and whose admission is authorized by the Board or the President in the interest of the public or for humanitarian considerations under such conditions as may be prescribed. 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, immigrants, otherwise known as "quota immigrants', not to exceed two hundred (200) of any one nationality for any one calendar year, based on immigration reciprocity and upon allotment by the Commissioner of the corresponding quota number. In the allotment of quota numbers, the following order of preference shall be observed:

a) First Preference: Those whose service and qualifications show high educational attainment, technical training, specialized experience, or exceptional ability in the sciences, arts, professions, or business as would reasonably enhance and contribute substantial benefits prospectively to the national economy, or cultural or educational interests or welfare of the Philippines, including their family members, accompanying or following to join them, who shall likewise be allotted individual quota numbers; b) Second Preference: Parents of a naturalized Philippine citizen; 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 15 to the end of June each year: Provided, That if the fifty percent (50%) allotment for one nationality is not utilized by the first preference, the balance thereof shall be 17 given to the second, third, and fourth preferences for the same nationality in accordance with the preceding Section. Any unused quota allotment for a calendar 19 year shall not be carried over and utilized for the ensuing calendar year.

Sec. 47. Basis in Determination of Quota Allotment. - The nationality of

immigrants whose admission is subject to the numerical limitation imposed by

Section 45 of this Act shall be that of the country of which the immigrant is a

national or a citizen. The nationality of immigrants possessing dual nationality may be that of either of the two countries regarding them as a national or citizen if they apply for a visa in a third country. If such immigrants apply for a visa within one of the two countries regarding them as a national or citizen, their nationality shall be that of the country in which they filed their application for a visa to enter the Philippines.

Sec. 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 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; 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

1 authorized stay of the parents, unless the child reaches the age of eighteen (18) 2 years while continuously residing in the Philippines, in which case such child may 3 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

7 status of a foreign national admitted into the Philippines as non-immigrant may be adjusted by the Board to that of a foreigner lawfully admitted as a permanent resident if: a) the foreigner makes an application for such adjustment b) the foreigner is eligible to receive a quota or non-quota immigrant visa and is admissible to the Philippines as a permanent resident; and 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 foreigner 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 20 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 32 apply for an extension of the period within which to return prior to its expiration and

1 pay the prescribed fees and charges in order to maintain the status or type of visa 2 granted. CHAPTER 5 DOCUMENTATION AND ADMISSION OF NON-IMMIGRANTS

Sec. 55. Documentary Requirements of Non-immigrants. - Non-immigrants

6 must present for admission into the Philippines valid passports issued by the 7 governments of the countries to which they owe allegiance or other travel 8 documents showing nationality and identity as prescribed by regulations, a valid visa granted by the Consular Officer, if required, and such other relevant documents as 10 may be required under existing laws, rules, regulations, or multilateral or bilateral 11 agreements.

Sec. 56. Conditions and Period of Authorized Stay of Temporary Visitors. -

13 The initial period of authorized stay of a foreign national admitted as a temporary 14 visitor under Section 44(a) of this Act shall not exceed fifty-nine (59) calendar days 15 from the date of arrival, subject to bilateral, regional and multilateral visa 16 agreements entered into by the Philippines: Provided, That the conditions for 17 extensions and total period of authorized stay shall be prescribed by the Commissioner: Provided, further, That during the foreign national's authorized stay: 19 (a) he shall not take any employment, whether paid or unpaid; (b) he shall not 20 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 22 granted, upon proper application, a conversion to another immigration status 23 provided under this Act.

Sec. 57. Conditions for Issuance of Pre-Arranged Employment Visas. - A

foreign national who is coming to the Philippines for prearranged employment shall not be issued a non-immigrant visa referred to in Section 44(g) of this Act until the Consular Officer shall have received authorization for the issuance of the same. Such 28 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 30 and competent to perform the work or service for which the foreign national is 31 desired and that the admission would be beneficial to the public interest. The

1 petition shall be made 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 5 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 8 consignee of any commercial vessel arriving to the Philippines shall submit to the Bureau, within a reasonable time prior to such arrival, the crew lists, passenger 10 manifests and such other information concerning the persons arriving on such 11 vessel. In the same manner and condition, the master, captain, agent, owner or 12 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 15 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,

18 captain, agent, owner, or consignee of any vessel arriving in the Philippines to have 19 available on board, for inspection by Immigration Officers, any foreign crewmember 20 employed on such vessel and, when required by 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 on a vessel arriving in the Philippines may be permitted to land temporarily under such conditions as shall be prescribed by the Commissioner. All expenses incurred by the Bureau while crewmember is on land shall be borne by the master, captain, agent, owner, or consignee of the carrying vessel. CHAPTER 6 DOCUMENTATION AND ADMISSION OF IMMIGRANTS

Sec. 61. Documentary Requirements of Immigrants; Instances When Not

32 Required. - Immigrants must present for admission into the Philippines valid

1 passports or travel documents issued by the government of the country to which 2 they owe allegiance, showing their nationality and identity and valid 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 returning to an unrelinquished lawful permanent residence in the Philippines after a temporary residence abroad and presents for admission a valid re-entry permit. CHAPTER 7 VISA ISSUANCE

Sec. 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 inadmissible 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 shali 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 on non-quota immigrant and non- immigrant visas to a foreign national who has made a proper application therefor. The Issuance of special non-immigrant visas falling under the jurisdiction of a particular government office or agency can only be done in coordination with and upon recommendation of the government agency or office concerned.

Sec. 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 15 valid for a period not exceeding three (3) months: Provided, That in prescribing the 16 validity of a period of a single-entry non-immigrant visa, the Consular Officer may 17 allow a longer validity period based on reciprocity as accorded by the foreign country 18 to citizens of the Philippines who are within a similar class. An immigrant visa may be replaced under the original number during the calendar year in which the original visa was issued to a foreign national who establishes to the satisfaction of the Consular Officer that the original immigrant visa was not used during the period of its validity for reasons beyond the visa holder's 23 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 27 documents submitted the applicant is not eligible 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 32 applies for admission into the Philippines, the admission or entry of the foreign

1 national shall be determined by the Immigration Officer upon his arrival at the port 2 of entry. CHAPTER 8 RE-ENTRY AND EMIGRATION CLEARANCE

Sec. 69. Re-entry. - In all instances when a registered foreign national,

6 except a temporary visitor, departs or is about to depart temporarily from the 7 Philippines with the intention to return within one (1) year from departure, the 8 foreign national must secure a re-entry permit or, if the authorized stay is less than 9 one (1) year, a Special Return Certificate, and pay the corresponding fees and 10 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 provision of this Act to the contrary

notwithstanding, the President may: 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 consideration and when not detrimental to public interest, under such terms and conditions as may be prescribed; f) Prohibit the departure from the Philippines of any person who is likely to disclose information affecting national security, or who is likely to organize a rebellion abroad against the Philippines, or whose presence in the country is necessary to face, or be a witness in, criminal proceedings; and g) Exercise, with respect to foreign nationals in the Philippines, such powers as are recognized by the generally accepted principles of international law. TITLE IV PROVISIONS RELATING TO ENTRY CHAPTER 1 CLASSIFICATION OF PORTS OF ENTRY

Sec. 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 foreigner, may be challenged by another Immigration Officer on any ground

1 provided in this Act. The final determination on the admissibility of such foreign 2 national shall be determined by the Commissioner within forty-eight (48) hours in 3 case no resolution is reached between the Immigration Officers on the challenged 4 admission. In case of admission, the Immigration Officer shall indicate in the 5 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 10 Section 84(a) of this Act or whenever the Commissioner has received information showing that foreigners are coming from a country or a place where any of such diseases are prevalent or widespread, the foreigner shall be detained or quarantined for a reasonable period of time to enable the immigration and medical officers to subject such person to observation and examination.

Sec. 75. Medical Examination Requirement. - Any arriving foreign national

16 whom the examining Immigration Officer believes to belong under the class of 17 excludable foreign nationals specified in Section 84(a) of this Act shall be referred to 18 designated medical officers for physical and mental examination. Such medical 19 officer shall certify the findings of the examination for the information of the 20 Immigration Officer.

Sec. 76. Arrival Notice Requirements of Vessel. - The immigration authorities

shall be given prior notice of the arrival of any civilian vessel before such vessel comes into any area in the Philippines from any place outside thereof. Such prior notice shall not be required in the case of vessels with scheduled arrivals filed with the Immigration Officer in charge at the international port of entry. If, upon arrival in any area other than the designated port and there is no available Immigration Officer therein, the master, pilot, captain, agent or consignee shall not allow the passengers and crew members to disembark or leave the primacy 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

2 under Section 44 (c) of this Act may be granted a conditional permit, in a form 3 prescribed by regulations, to disembark temporarily from the vessel on which such 4 crewmember arrived while the vessel remains in port under such terms and 5 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 8 crewmember or does not intend to depart on the vessel that brought him, the 9 Commissioner shall cancel and confiscate the conditional permit already issued, take 10 such foreign national into custody, and require the owner, operator, captain, master, 11 pilot, agent, or consignee of the vessel on which the foreign national arrived to 12 receive and detain him on board. The expenses for removal of the foreign national, including the cost of detention and other expenses incidental thereto, shall be borne 14 by the owner, operator, captain, master, pilot, agent or consignee of such vessel.

Sec. 79. Liability for Overstaying Foreign Crewmen. - A foreign crewmember

16 who remains in the Philippines more than the period allowed in the conditional 17 permit issued to him shall be solidarity liable with owner, operator, captain, master, 18 pilot, agent or consignee of the vessel to pay the penalties prescribed in Section 124 19 of this Act.

Sec. 80. Liability for Unauthorized Discharge of Foreign Crewmember. - It

21 shall be unlawful for any person, including the owner, operator, captain, master, 22 pilot, agent or consignee of any vessel to discharge any foreign crewmember 23 employed by a vessel arriving in the Philippines and while in port, without first 24 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 form any port in the Philippines while such fines remain unpaid or while the validity thereof is being determined: Provided, That a clearance may be granted prior to such determination upon deposit of a sum or cash bond sufficient to cover such fines as approved by the Commissioner.

Sec. 81. Duty to Report Desertion or Illegal Landing of Foreign Crewmember.

32 - The owner, operator, captain, master, pilot, agent or consignee of any vessel shall

1 immediately report, in writing, to the Immigration Officer all cases of desertion or 2 illegal disembarkation in the Philippines from the vessel, together with a description 3 of such foreign national and any information that shall result in their apprehension.

Sec. 82. Requirement for Submission of List of Newly Employed, Discharged

5 and Illegally Landed Foreign Crewmember. - Prior to the departure of any vessel 6 from the last port in the Philippines destined to any place outside thereof, the 7 owner, operator, captain, master, pilot, agent or consignee thereof shall deliver to 8 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 d) Such other additional information as the Commissioner deems necessary.

Sec. 83. Liability for Failure to Submit Complete, True and Correct Report. -

17 The owner, operator, captain, master, pilot, agent, or consignee who fails to submit 18 a true and complete list or report of foreign nationals or to report cases of desertion 19 or illegal landing shall pay such sum as may be prescribed under Section 121 of this 20 Act. No vessel shall be granted clearance from any port in the Philippines while such 21 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 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: a) Health Related Grounds 1) Those who are found to be suffering from a communicable, dangerous or contagious disease, unless excepted under existing laws, rules and regulations;

2) Those who are found to be suffering from mental disorder or associated behavior that may pose a threat to persons or danger to property; 3) Those who are found to be suffering from addiction to prohibited or regulated substance; b) Economic Grounds 1) Those likely to become a public charge; 2) Those seeking entry for the purpose of performing skilled or unskilled labor, without a permit from the Secretary of the Department of Labor and Employment as required by law; c) Moral Grounds 1) Those coming to the Philippines to practice polygamy or who advocate the practice of polygamy unless the person's religion allows such practices; 2) Those who are pedophiles, sexual perverts or those coming to the Philippines for immoral purposes; 3) Those who are engaged or who seek to engage in prostitution or to procure or attempt to procure prostitutes, or who receives in whole or in part the proceeds of prostitution; 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 Grounds 1) Those who have been convicted of a crime involving moral turpitude or who admit to the Immigration Officer having committed such crime, or who attempt and conspire to commit the crime; 2) Those who have been convicted, or who admit having committed, or are committing acts which constitute the elements of a violation or conspiracy to violate any law or regulation of the Philippines or a foreign country relating to a controlled, regulated or prohibited substance, or who admit having attempted or conspired to commit the crime;

3) Those that the Philippine Government knows or has reason to believe is a trafficker of any controlled, regulated or prohibited substance or knows or has reason to believe is or has been an accomplice, accessory, abettor, or co-conspirator in the illicit trafficking of any controlled, regulated or prohibited substance; 4) Those who are fugitives from justice; 5) Those who seek to enter the Philippines to engage in: i) Espionage or sabotage, or a violation or evasion of any laws prohibiting export of goods, technology or sensitive information; ii) Any activity aimed to promote membership in an organization of syndicated criminal activities; ji) Any activity, the purpose of which is to overthrow the Philippine government by force, violence or other unlawful means; and iv) 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 under fifteen (15)years of age and unaccompanied by or not coming to a parent, except that they may be admitted at the discretion of the Commissioner, if otherwise admissible: Provided, That they present a written consent to travel from either parent citing the purpose thereof and affirmed by a Consular Officer; and 9) Those who have been identified by competent authorities, local and foreign, as having engaged or are engaging in importation of contrabands and other prohibited articles into the country.

Sec. 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 or related laws, the Immigration Officer, for a period not exceeding seventy-two (72) hours,

1 may temporarily take into custody for investigation such foreign national either on 2 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

5 exclude a foreign national who is excludable under this Act is final and executory 6 unless revoked by the Commissioner upon a timely appeal prior to the implementation of the exclusion order.

Sec. 87. Authority to Waive Grounds for Exclusion. - Except for grounds of

9 exclusion under Section 84(d), subparagraphs 1 to 7 and 9, the Commissioner may 10 waive any of the grounds for exclusion mentioned in Section 84 of this Act.

Sec. 88. Procedure of Removal and Cost Thereof. - Foreign nationals arriving

12 in the Philippines who are ordered excluded shall be immediately removed in the same accommodation to the country where they boarded the vessel on which they 14 arrived, unless the Commissioner determines that immediate removal is not proper 15 and practicable, in which case such excluded foreign nationals shall be ordered 16 detained. The cost of detention and other expenses incident thereto shall be borne 17 by the owner, operator, master, pilot, captain, agent or consignee of the vessel on 18 which such foreign nationals arrived.

Sec. 89. Country Where Removal is to be Directed. - If the government of the

20 country designated in the preceding section will not accept the foreign national into 21 its territory, the removal of the foreign national shall be directed at the 22 Commissioner's discretion to any of the following: a) The country of which the excluded foreign national is a citizen or national; b) The country of birth; c) The country of the foreign national's habitual residence; or d) The country willing to accept the foreign national into its territory, if removal to any of the foregoing countries is impractical or impossible.

Sec. 90. Obligation of Owner, Operator, Master, Captain, Pilot, Agent or

Consignee. - It shall be unlawful for an owner, operator, master, captain, pilot, agent, or consignee of a vessel to refuse or fail to: a) Board a foreign national ordered excluded and removed in the same vessel or another vessel owned or operated by the same company;

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 an Immigration Officer; c) Deliver a foreign national for medical or other examination when so ordered by an Immigration Officer; d) Remove a foreign national from the Philippines to the country to which the individual's removal has been directed; or e) Pay the cost of detention and other expenses incidental thereto incurred while the excluded foreign national is being detained as required by

Section 98 of this Act or other costs necessary or incidental to his removal

as provided in this Act.

Sec. 91. Penalty for Non-compliance of Obligation. - The owner, operator,

12 master, captain, pilot, agent, or consignee of a vessel who violates Section 90 of this 13 Act shall pay the fines prescribed in Section 122 of this Act. No vessel shall be 14 granted clearance from any port in the Philippines while such fine remains unpaid or 15 while the validity thereof is being determined: Provided, That clearance may be 16 granted prior to such determination upon deposit of a sum or cash bond sufficient to cover such fine as approved by the Commissioner. TITLE V DEPORTATION CHAPTER 1 DEPORTABLE FOREIGN NATIONALS

Sec. 92. Classes of Deportable Foreign Nationals. - The following foreign

nationals shall be taken into custody upon the order of the Commissioner and deported upon recommendation by the BSI and approval by the Board: a) Those who entered the Philippines: (1) by means of misrepresentations or false or misleading statements or documents, or (2) without inspection and admission by the immigration authorities; b) Those who were not lawfully admissible at the time of entry; c) Those who abet or aid in the practice of prostitution, including the owner or manager of a prostitution den, or who are pedophiles; d) Those who, at any time after the date of entry, have become a public charge;

e) Those who remain in the Philippines in violation of any period of limitation or condition under which they were admitted; f) Those who believe in, advise, advocate or teach the overthrowing by force and violence of the Government of the Republic of the Philippines or any duly constituted authority, or those who do not believe in or are opposed to organized governments, or those who advise, advocate or teach the assault or assassination of public officials, or those who advise, advocate, or teach the unlawful destruction of property, or those who are members of or affiliated with any organization entertaining, advocating or teaching such doctrines, or those who in any manner whatsoever extend assistance, financial or otherwise, in the dissemination of such doctrines; g) Those who, at any time after entry, engage in, abet, aid or finance any terrorist activity; h) Those who, at any time after entry, are charged of a crime involving acts or omissions punishable under Philippine penal laws cognizable by the Regional Trade Courts and the Sandiganbayan; i) Those who, at any time after entry, are convicted by final judgement of a crime involving moral turpitude punishable under Philippine penal laws; j) Those who were admitted as non-immigrants and who obtained an adjustment of their admission status for convenience, or through fraud, falsification of documents, misrepresentations or concealment of material facts; k) Those who violated Philippine labor and taxation laws, rules and regulations; I) Those who are found to be undesirable and whose further stay in the Philippines is inimical to public welfare and interest, or the dignity of the Filipinos, or the Republic of the Philippines as a sovereign nation; m) Those who forge, counterfeit, alter or falsely make any document; or use, attempt to use, possess, obtain, accept or receive or provide any forged, counterfeit, altered or falsely made document; or use, attempt to use, provide, attempt to provide, accept or receive a genuine document, even

of another person, without authority to do so for the purpose of satisfying or complying with the requirements of the Bureau; n) Those whose presence or activities in the country may result in adverse consequences to Philippine foreign policies as determined by the Secretary of Foreign Affairs; o) Those who misrepresented themselves as Filipino citizens in all immigration matters; and, p) Those who commit any violation of the provisions of this Act, independent of any criminal action which may be brought against them: Provided, That in case of a foreign national who, for any reason, is convicted and sentenced to suffer both imprisonment and deportation, said foreign national shall first serve the entire period of the sentence before being deported.

Sec. 93. Non-Prescription of Deportation Cases. - The right of the State to

initiate deportation proceedings shall not prescribe.

Sec. 94. Nature of Deportation Proceedings. - Deportation proceedings shall

17 be independent of any action that may be instituted against a foreign national: 18 Provided, That no deportation orders shall be issued against foreign nationals facing 19 preliminary investigation, prosecution and trial before competent authorities. CHAPTER 2 DEPORTATION OF FOREIGN NATIONALS

Sec. 95. Formal Charge of Deportation. - A formal charge for deportation

shall be issued upon determination of the existence of a prima facie case against the foreign national.

Sec. 96. Bail. - Pending final determination of the foreign national's

deportation case, the foreign national shall, upon the discretion of the Commissioner, remain under detention or be released on bail or recognizance. The 28 bail may be revoked and confiscated in favor of the government if there is sufficient 29 evidence that the foreign national is evading the proceedings or is attempting to 30 abscond, in which case such foreign national shall be taken into custody and placed under detention by order of the Commissioner.

Sec. 97. Custody of a Foreign National Convicted of a Felony or an Offense. -

2 After service of his sentence or compliance with the conditions of his parole or 3 probation, as the case may be, the foreign national shall be taken into custody for immediate deportation by order of the Board.

Sec. 98. Voluntary Removal, When Authorized. - The Commissioner may

6 waive the deportation proceedings and order the departure of the foreign national 7 within the period specified in the voluntary deportation order if the foreign national 8 does not contest the formal charge and opts to voluntarily leave the country and 9 pays for all expenses: Provided, That the foreign national has not committed any 10 criminal offense or has no pending criminal investigation: Provided, further, That the 11 said foreign national so deported shall be barred from re-entering the county without 12 prior written authorization from the Commissioner.

Sec. 99. Period to Enforce Order of Deportation. - The order of deportation

shall be enforced immediately, but in no case shall exceed three (3) months from 15 the date it has become final and executory. If deportation is not enforced within the 16 prescribed period, the foreign national may be released on bail or recognizance.

Sec. 100. Suspension of Deportation Order. - The Commissioner may

suspend the implementation of the deportation order and order the release of the foreign national on bail or recognizance, considering 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 or statelessness status; or f) Other humanitarian considerations.

Sec. 101. Reinstatement of a Deportation Order. - A deportation order

previously implemented against a foreign national who unlawfully re-entered the Philippines shall be deemed automatically reinstated and shall be implemented in accordance with this Act. This provision shall also apply to a foreign national who departed voluntarily under Section 98 of this Act and re-entered the Philippines 31 unlawfully or without prior written authorization from the Commissioner.

Sec. 102. Country of Destination of a Deportee. - Except as provided for

2 under an existing treaty or international agreement, a foreign national shall be 3 deported to the country of which the person is a citizen or national, or foreign 4 national's country of birth, or the country of which the individual is a resident, or the 5 country from which the individual embarked for the Philippines, subject to the 6 acceptance by the receiving country.

Sec. 103. Cost of Deportation. - The cost of deportation shall be borne by the

owner, operator, captain, master, pilot, agent or consignee of a vessel in case its foreign crewmember is to be deported under Section 92 of this Act. In all other 10 cases, the cost of deportation shall be borne either by the deportee, the concerned 11 consular office, nongovernment organizations or people's organization with which 12 the Bureau has an agreement on this matter, or from the appropriations for the 13 enforcement of this Act.

Sec. 104. Liability of Owner, Operator, Captain, Master, Pilot, Agent or

15 Consignee of a Vessel. - Failure or refusal on the part of the owner, operator, 16 captain, agent, or consignee of a vessel to take on board, guard safely, and 17 transport the person subject of removal to his country of destination, or to shoulder 18 the cost of removal of the foreign crewmember as provided in Section 101 hereof, 19 shall be punished by an administrative penalty prescribed in Title VI, Chapter 7 of 20 this Act.

Sec. 105. Expenses of the Accompanying Person. - The Commissioner may,

for security reasons or by reason of mental or physical condition of the deportee, direct an employee of the Bureau to accompany such deportee to the country of the deportee's destination, subject to provisions of Section 103 of this Act. CHAPTER 3 INDIGENT FOREIGN NATIONAL

Sec. 106. Removal of Indigent Foreign National. - At any time after entry, the

Commissioner may remove indigent foreign nationals from the Philippines to the country of which they are citizens or nationals, their country of birth, or their country of residence, as the case may be. The cost of deportation may be charged against the available funds of the Bureau. Any foreign national removed under this section shall be barred re-admission, except upon written authorization of the Board.

The provision shall not apply to a foreign national declared as an indigent by 2 any Philippine court for purposes of filing a case or to pursue an action which resulted in the individual's indigency until such case or action is resolved with finality: Provided, That no other grounds for deportation exist during the pendency 5 of such case or action. TITLE VI MISCELLANEOUS PROVISIONS Chapter 1 REGISTRATION OF FOREIGN NATIONALS

Sec. 107. Requirement of Registration. - All foreign nationals, regardless of

11 any exemption provided by law, shall register with the Bureau or any Immigration 12 Office nearest to their place of residence on or before the sixtieth (60th) day of their latest arrival in the Philippines.

Sec. 108. Registration Form and Oath. - Applications for registration shall be

15 under oath and in such form as prescribed by the Bureau. Upon registration, a 16 certificate of registration shall be issued to the registrant. In case of loss or 17 destruction of the certificate, a replacement certificate may be issued by the Bureau 18 upon proper application and payment of prescribed fees.

Sec. 109. Amendment of Registration. - Registered foreign nationals shall

notify the Bureau in writing of any change of information in their registration documents not later than seven (7) days from such change.

Sec. 110. Presentation of Certificate of Registration. - Every foreigner required

23 to register under this Act or the parent or guardian of such foreigner shall, upon 24 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. 111. Reportorial Requirement. - Every foreign national registered under

this Act shall, within the first sixty (60) days of every calendar year, report in person to the Bureau. The Commissioner may exempt personal appearance of foreign nationals registered under this Act subject to certain requirements and conditions as 31 may be prescribed in the rules and regulations issued for the purpose.

Sec. 112. Failure to Comply with Requirements. - A foreign national, or the

2 parent or guardian of the foreign national, who, without justifiable reason, fails to 3 comply with all the requirements under this Act, or who files an application for 4 registration containing statements known by the individual to be false, or who 5 utilizes registration documents other than that of the individual, shall be dealt with in 6 accordance with the provisions this Act and other existing laws.

Sec. 113. Cancellation of Registration of Foreign National. - In case of death

8 of a foreign national registered under the provisions of this Act, the legal heir, representative or administrator of the foreign national must inform the Bureau within 10 sixty (60) days from date from such death, and the Bureau shall cancel the registration of the deceased foreign national. The Local Civil Registrar or other civil 12 registry officer of the locality where said foreign national died shall furnish the Bureau with a copy of the Certificate of Death within thirty (30) days from issuance thereof. Failure on the part of the persons concerned to comply with the 15 requirements specified in this Section shall be dealt with pursuant to the provisions of existing laws. CHAPTER 2 BONDS AND DEPOSITS

Sec. 114. Bonds, When Required. - The Bureau shall have the authority to

20 require cash bonds in such amounts and under such conditions as it may prescribe in order to: a) control and regulate the admission into, and departure from, the Philippines of foreign nationals applying for temporary admission; b) insure against foreign passengers liable to be excluded as likely to become public charges; and c) ensure the appearance of foreign nationals released from custody during the course of deportation proceedings instituted against them.

Sec. 115. Requirement of Cash Deposits for Services Rendered. - The Bureau

shall likewise have the authority to require cash deposits in such amounts as may be necessary from a vessel's owner, operator, captain, master, pilot, agent, or consignee or other persons served for services rendered as establish by the implementing rules and regulations.

Sec. 116. Cancellation and Forfeiture of Bonds. - When the conditions of the

2 bond are fulfilled, or in case the Commissioner determines that the likelihood that a foreign national shall become public charge no longer exists, or in case of death of 4 the foreign national in whose behalf the bond is posted, the bond shall be cancelled 5 and released to the depositor or the legal representative of the foreign national. In 6 case of violation of the conditions of the bond, the same shall be forfeited and 7 deposited in a trust fund which may be utilized for the purchase of passage tickets for the deportation of indigent foreign nationals and to cover the costs of operations 9 in locating deportees who jump bail. CHAPTER 3 RECOGNIZANCE

Sec. 117. Petitions for Recognizance, Sanction for Breach of Conditions. - The

Commissioner may order the release of a foreign national upon recognizance of the foreign national's lawyer or a person who is of good standing in the community, 15 under such terms and conditions as the Board may prescribe. Failure to comply with 16 the terms and conditions of the recognizance shall subject said lawyer or person to a 17 fine of not less than Fifty Thousand (P50,000.00) pesos but not more than One 18 Hundred Thousand pesos (P100,000.00), without prejudice to other administrative 19 sanctions or proceedings against the erring party. CHAPTER 4 COOPERATION AND COORDINATION WITH OTHER OFFICES

Sec. 118. Working Cooperation with the Department of Foreign Affairs (DFA).

- For purposes of efficient implementation and administration of this Act, the Bureau shall maintain a working cooperation with the DFA.

Sec. 119. Working Cooperation with the Commission on Higher Education

(CHED). - The Bureau shall maintain a working cooperation with the CHED with respect to the accreditation of schools and learning centers for enrollment of foreign 28 students as authorized under this Act.

Sec. 120. Working Cooperation with the Civil Aviation Authority of the

30 Philippines (CAAP). - The Bureau shall maintain a working cooperation with the CAAP with respect to accreditation of flying schools for the enrollment of foreign students.

Sec. 121. Coordination with Law Enforcement, Security and Other Offices. -

2 The Bureau shall have the authority to maintain coordination with the National Security Council (NSC, the Philippine National Police (PNP), and other law enforcement agencies of the government. CHAPTER 5 FEES AND CHARGES

Sec. 122. Authority of the Board to Prescribe, Impose and Collect Fees and

Charges. - The Board is authorized to prescribe, impose and collect fees and charges for services rendered, pursuant to the provisions of this Act. CHAPTER 6 ADMINISTRATIVE FINES

Sec. 123. Fine for Failing to Submit Crew List or Passenger Manifest, or

13 Failure to Account Every Passenger and Crew. - Any owner, operator, master, 14 captain, pilot, agent, or consignee of a vessel arriving at any port in the Philippines 15 from a place outside thereof who fails to submit to the immigration authorities a 16 complete and accurate crew list or passenger manifest, or fails to produce or 17 account every crewmember or passenger whose name appears in said list or 18 manifest shall be subject to fines of One hundred thousand pesos (P100,000.00) and 19 Fifty thousand pesos (P50,000.00) for each unaccounted person, respectively.

Sec. 124. Fine for Violation of Obligation on the Landing or Removal of

21 Foreign Nationals. - Any owner, operator, master, captain, pilot, agent, or consignee 22 of any vessel arriving at a port of the Philippines from a place outside thereof having a foreign national on board in violation of this Act shall be fined not less than Fifty thousand pesos (P50,000.00) but not more than Two hundred thousand pesos (P200,000.00) for each act or violation consisting of: a) Failure to prevent the landing of such foreign national in the Philippines at any time of place other than as designated by the Immigration Officer; b) Refusal or failure to detain a foreign national on board any such vessel at the port of arrival when required by this Act or so ordered by an Immigration Officer; c) Refusal or failure to deliver a foreign national for medical or other examinations when so ordered by an Immigration Officer;

d) Refusal or failure to pay the cost of maintenance and other costs, as required by this Act, of such foreign national when temporarily removed from the vessels for examination by order of the Immigration Officer; e) Refusal to receive such foreign national on board for removal from the Philippines if the foreign national is excluded, or to pay the cost of removal as required under Sections 90 and 104 of this Act; f) Refusal or failure to take on board, guard safely, and transport the deportee to the foreign national's country of destination, or to shoulder the cost of deportation of the foreign crew member; and g) Making any charge against such foreign national for the cost referred to in (d) above, or for the cost of the removal of the foreign national from the Philippines if the latter is excluded or taking any security from the foreign national for the payment of any such costs.

Sec. 125. Fine for Bringing Undocumented Foreign National, or Foreign

National Afflicted with Communicable or Contagious Disease, or Suffering from Mental Disorder. - The owner, operator, master, captain, pilot, agent, or consignee 17 of the vessel arriving at a port in the Philippines from a place outside thereof 18 bringing on board an undocumented foreign national shall be fined One hundred 19 thousand pesos (P100,000.00) for each foreign national. If the foreign national is afflicted with a communicable or contagious disease or is suffering from mental disorder, the fine shall be not less than Two hundred thousand pesos (P200,000.00) but not more than Three hundred thousand pesos (P 300,000.00) for each foreign 23 national.

Sec. 126. Fine for Bringing a Foreign National to Assist His Illegal Entry or

Misrepresenting a Foreign National as a Member of the Crew. - The owner, operator, master, captain, pilot, agent, or consignee of the vessel arriving at a port in the Philippines from a place outside thereof bringing on board a foreign national 28 bound for the Philippines to assist the illegal entry of the foreign national, or misrepresenting the foreign national to the Immigration Officer at the port of arrival as a bona fide member of the crew, shall be fined not less than One hundred thousand pesos (P100,000.00) but not more than Two hundred thousand pesos (P200,000.00) for each foreign national.

Sec. 127. Fine for an Overstaying Crewmember. - Any foreign crewmember

2 who willfully remains in the Philippines beyond the period allowed for temporary 3 landing shall be fined not less than Fifty thousand pesos (P50,000.00) but not more 4 than One hundred thousand pesos (P100,000.00). The owner, operator, master, 5 captain, pilot, agent, or consignee of the vessel shall be solidarily liable for the fine 6 imposed on such overstaying crewmember.

Sec. 128. Fine for Assaulting an Immigration Personnel. - Any form of assault

8 directed to any personnel of the Bureau is an act of disrespect. In case the assault is 9 committed by a foreign national at the ports of entry and exit, such foreign national 10 shall be excluded or deported, as the case may be, and shall be fined Two hundred thousand pesos (P200,000.00) without prejudice to the right of the aggrieved Immigration Personnel to file appropriate criminal, civil or administrative cases 13 against such person. For purposes of this Act, an Immigration Officer shall be considered a person in authority while in the performance of official duty.

Sec. 129. Fine for Violation of Other Provisions of this Act. - owner, operator,

master, captain, pilot, agent, or consignee of any vessel arriving at any port of the Philippines from a place outside thereof who violates any other provision of this Act not specifically provided in this Chapter shall be fined not less than Fifty thousand pesos (P50,000.00) but not more than Two hundred thousand pesos (P200,000.00) for each violation. CHAPTER 7 PENAL PROVISIONS

Sec. 130. Prohibited Acts and Penalties. - Any person who shall commit any

of the acts specified hereunder shall, upon conviction, suffer the penalty of imprisonment for not less than five (5) years but not more than ten (10) years, or a fine of not less than One hundred thousand pesos (P100,000.00) but not more than Five hundred thousand pesos (P500,000.00), or both imprisonment and fine, at the discretion of the court: a) Impersonating another individual, or falsely appearing in the name of a deceased individual, or evading immigration laws by using an assumed or fictitious name when applying for an immigration document;

b) Issuing or otherwise delivering an immigration document or an immigration accountable form, to any person not authorized by law to receive such documents; c) Obtaining, manufacturing, printing, accepting or using any immigration or travel document knowing it to be false, or using an immigration accountable form that is not legally issued; d) Entering or leaving the Philippines without inspection and admission by the immigration authorities, or obtaining entry into or departure clearance from the Philippines through fraud, misrepresentation, or concealment of material facts; e) Misrepresenting oneself to be a citizen of the Philippines; f) Knowingly making a false statement under oath regarding any immigration matter; or g) Bringing into, or landing in the Philippines, or concealing, harboring, employing, or giving comfort to, any person not duly admitted by an Immigration Personnel or not lawfully entitled to enter into or reside within the Philippines, or attempting, conspiring with, or aiding another to commit any such acts. Where the offender of any acts specified in paragraph (g) of this Section is a corporation, partnership or other juridical entity, the president, general manager, managing partner, or chief executive officer thereof shall be held liable. Dismissal of the employee by the employer before or after apprehension shall not relieve such 23 employer from any liability arising from the offense: Provided, That if the offender is the owner, operator, master, captain, pilot, agent, or consignee, or other person in charge of the vessel that brought the foreign national into the Philippines from any place outside thereof, the fine imposed under this section shall constitute a lien 27 against the vessel which may be enforced in the same manner as fines are collected and enforced under existing laws. Such vessel shall not be allowed to depart without prior clearance issued by the Bureau. Where forfeiture is justified under the particular circumstances of the case, the forfeiture of the vessel in favor of the 31 government in lieu of the fine shall be decreed.

Conviction by final judgment of any offense punishable under this Act or other 2 laws shall result in the automatic revocation or cancellation of any immigration 3 document issued to the offender, including that of the foreign national's spouse and unmarried children, if applicable.

Sec. 131. Penalty for Aiding the Escape of Detained Foreign National. - Any

6 person who shall be found to have helped, assisted, supported, caused or ministered 7 the escape, including harboring and concealing, of a foreign national shall, upon 8 conviction, be imprisoned for not less than five (5) years but not more than ten (10) 9 years and a fine of not less than Two hundred thousand pesos (P200,000.00): 10 Provided, That if the person liable is a foreign national, such person shall be 11 deported after service of sentence: Provided, further, That any tools, equipment, 12 implements or vehicles used in the escape of a detained foreign national shall be destroyed or forfeited in favor of the government.

Sec. 132. Penalty for Non-compliance of Subpoena. - Any person who, having

been duly served with a subpoena, fails to comply without valid and justifiable reasons shall suffer the penalty of imprisonment of not more than fifteen (15) days 17 or a fine of not more than One thousand pesos (P1,000.00), or both, at the 18 discretion of the court.

Sec. 133. Imposition of Maximum Penalty, When Applicable. - A person

20 convicted under Republic Act No. 3019, as amended, otherwise known as the "Anti- Grant and Corrupt Practices Act", or other laws against corruption and bribery in relation to any violation or circumvention of any provision of this Act shall suffer the maximum penalty under the said Republic Act or other laws against corruption and bribery, as the case may be. CHAPTER 8 UPGRADING OF POSITIONS, COMPENSATION AND BENEFITS

Sec. 134. Creation of New Positions, Reclassification of Existing Positions and

Upgrading of Salary Levels. - The following positions in the Bureau are hereby created, and the existing positions reclassified or upgraded, with the corresponding salary grade levels: RECLASSIFIED EXISTING POSITION SALARY GRADE POSITION/

NEWLY-CREATED POSITION From To Commissioner Commissioner III Deputy Commissioner Deputy Commissioner III Director II, Internal Affairs Service Attorney V (Board of Attorney V, Board of Special Special Inquiry) Inquiry Attorney IV (Board of Attorney IV, Board of Special Special Inquiry) Inquiry Attorney III (Board of Attorney III, Board of Special Special Inquiry) Inquiry Attorney V (Legal Chief Legal Affairs Officer Division) Attorney IV (Legal Attorney IV, Legal Division Division) Attorney III (Legal Attorney III, Legal Division Division) Chief Administrative Officer (Administrative Chief Administrative Officer Division) Supervising Administrative Supervising Officer, Administrative Administrative Officer Division Chief Immigration Officer Chief Alien Registration (Alien Registration Officer Division) Intelligence Officer V Chief Immigration (Intelligence Division) Intelligence Officer Chief Immigration Law

Enforcement Officer Chief Immigration Officer Chief Immigration Operations (Port Operations Division) Officer Chief Immigration Officer Chief Immigration Regulation (Immigration Regulation Officer Division) Chief Human Resource Management Officer (Chief Personnel Specialist) Supervising Human Resource Management Officer Chief Administrative Chief Finance and Logistics Officer (Finance and Officer Management Division) Supervising Supervising Administrative Administrative Officer Officer, Finance and Logistics (Finance and Division Management Division) Planning Officer V Chief Planning and Research (Planning and Policy Officer Division) Planning and Research Planning Officer IV (PPD) Officer IV Planning and Research Planning Officer III (PPD) Officer III Planning and Research Planning Officer II (PPD) Officer II Planning and Research Planning Officer I (PPD) Officer I Information Technology Chief Information and Officer III (Management Communications Technology

Information System Div) Officer Information Technology Information Technology Officer Officer Information System Information System Analyst II Analyst 11 Supervising Immigration Supervising Immigration Officer (IRD, ARD, POD) Officer Intelligence Officer IV Senior Immigration Senior Immigration Officer Officer Immigration Officer III Immigration Officer III Immigration Officer III Immigration Officer II Intelligence Officer III Immigration Officer III Special Investigator II Immigration Officer I Intelligence Officer I Special Investigator 1 Immigration Officer I Intelligence Agent II Immigration Assistant Administrative Officer V (Administrative Officer III) Administrative Officer V (Cashier III) Administrative Officer V Administrative Officer V (HRMO III) Administrative Officer V (Records Officer III) Administrative Officer V (Supply Officer III)

Administrative Officer V (Procurement) Administrative Officer V (Management and Audit Analyst III) Administrative Officer V (Budget Officer III) Medical Officer I1I Medical Officer III Computer Programmer II Information Technology Computer Maintenance Officer I Technologist II Dentist Il Dentist II Fingerprint Examiner IV Fingerprint Examiner IV Accountant III Accountant III Accountant II Accountant II Accountant I Accountant I Board Secretary V Regional Programs Coordinator Training Specialist III Psychologist III Document Examiner III Training Specialist II Psychologist 11 Security Officer II Computer Programmer I Upon the recommendation of the Commissioner, the Secretary of the DOJ shall reorganize, upgrade, or otherwise make adjustments in the offices of the Bureau as required by the implementation of this Act: Provided, That to the extent possible, the incumbent chiefs of sections and division whose offices are hereby 5 affected may be upgraded to positions of comparable rank in the reorganization:

1 Provided, further, That for the new positions created under this Act, the Board shall 2 designate the personnel thereof.

Sec. 135. Additional Grant of Benefits. - The Bureau shall provide its

employees with the following benefits: a) Health care services through an accredited Health Maintenance Organization for its regular employees; b) Accident Insurance policies for all employees; c) Night shift differential and overtime pay for actual work rendered, in accordance with existing guidelines; d) Longevity pay, subject to guidelines that shall be issued by the Board in accordance with existing laws and regulations and subject to the approval of the Secretary of the DBM; e) Transportation benefits; f) Quarters allowance; and, g) Hazard pay amounting to twenty percent (20%) of basic salary to qualified employees as may be determined by the Board.

Sec. 136. Retention and Use of Immigration Fees, Fines and Other Income;

Immigration Trust Fund. - The Board is hereby authorized to retain and use every year thirty percent (30%) of its collections from immigration fees, fines and penalties, and other income that may be collected by the Bureau for the effective implementation of this Act: Provided, That the amount so retained and used by the Board shall not exceed One billion two hundred million pesos (P1,200,000,000.00) 23 every year: Provided, further, That the Board shall review every three (3) years the maximum allowable retained collections based on the needs of the Bureau under this Section, subject to the approval of the DBM: Provided, finally, That any excess in the collections under this paragraph shall accrue to the general fund of the national government. There is hereby created an Immigration Trust Fund (ITF) sourced from the collections mentioned in this section. The ITF shall be administered by the Board in accordance with existing government auditing rules and regulations, and shall be used exclusively as follows:

a) Fifty percent (50%) for the modernization of equipment, facilities and offices used by employees of the Bureau, including capital outlay for the establishment of new buildings and field offices for the effective implementation of this Act; b) Thirty percent (30%) for the payment of employee benefits provided in this Act, and as may be hereafter provided by the Board with the approval of the Secretary of the DOJ; and c) Twenty percent (20%) for the further professionalization of the employees of the Bureau including trainings, seminars and other career advancement programs. All interest income, dividends and earnings accrued from the ITF shall also 12 form part of the Fund. No portion of the ITF shall revert to the general fund of the 13 National Government, except when the IT is no longer necessary for the purposes for which it was established. Collections from express lane fees under section 11(0) of this Act shall not form part of the IT and shall be used strictly in accordance with the said provision. CHAPTER 9 TRANSITORY PROVISIONS

Sec. 137. Interim Period. - The incumbent Commissioner and the two Deputy

20 Commissioners, if qualified under this Act, shall continue to discharge the functions 21 of their position unless otherwise removed by the President. All personnel of the present Bureau of Immigration shall continue to discharge the functions of their positions pending the reorganization as provided in this Act.

Sec. 138. Reorganization of the Bureau. - Upon approval of this Act, all

employees of the Bureau of Immigration covered by the civil service rules and regulations shall continue to hold their present positions pending the reorganization of the Bureau in accordance with the new staffing pattern: Provided, That the salaries, wages, allowances and other benefits of incumbent officers and employees of the Bureau shall not be subject to diminution: Provided, further, That employees 30 who have been dismissed for cause shall no longer qualify for any position in the 31 Bureau.

Sec. 139. Inventory and Transfer of Properties, Accounts, Assets, Liabilities

2 and Obligations to the Commission. - All buildings, properties, equipment, facilities, accounts, other assets, liabilities and other obligations as well as records of the Bureau of Immigration shall be properly inventoried and transferred to the Bureau.

Sec. 140. 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. 141. Pending Cases. - Any prosecution, suit, action, proceeding, or any

9 act or matter, civil or criminal, pending at the time of the effectivity of this Act shall 10 not be affected by any of the provisions of this Act unless otherwise explicitly stated 11 herein. CHAPTER 10 ADMINISTRATION AND IMPLEMENTATION

Sec. 142. Administration and Implementation Abroad. - The administration

15 and implementation of this Act abroad, including the rules and regulations, and 16 specific visa policies or guidelines, shall be the responsibility of the DFA, with due 17 notice to the Bureau and other concerned agencies and offices.

Sec. 143. Implementing Rules and Regulations. - Within sixty (60) days from

19 the effectivity of this Act, the Bureau shall, in coordination with the Secretaries of 20 the DBM, the DOJ, and the DFA, promulgate the rules and regulations for its effective implementation.

Sec. 144. Appropriations. - The amount necessary to cover the initial

implementation of this Act shall be charged against the following: a) Current year's appropriation of the Bureau of Immigration; and b) Immigration fees, fines and other income authorized under Section 134 of this Act. Thereafter, such sums as may be needed for its continued implementation shall be included in the annual General Appropriations Act or sourced from the Immigration Trust Fund pursuant to Section 136 of this Act. CHAPTER 11 FINAL PROVISIONS

Sec. 145. Separability Clause. - Should any provision of this Act be declared

2 invalid, the remaining provisions shall continue to be in force and effect.

Sec. 146. Repealing Clause. - Commonwealth Act No. 613, otherwise known

4 as the "Philippine Immigration Act of 1940", as amended, and Republic Act No. 750 5 entitled "An Act Designating as Special Agents of the Bureau of Immigration All 6 Provincial, City and Municipal Treasurers, and Providing for the Allocations to the 7 Provincial, City, and Municipal Governments of Ten Per Centum of Certain Fees 8 Collected in their Respective Territorial Limits", are hereby repealed. All other laws, presidential decrees, executive orders, proclamations, memorandum orders, instructions, rules and regulations or parts thereof, inconsistent with this Act are hereby amended or modified accordingly.

Sec. 147. Effectivity. - This Act shall take effect fifteen (15) days after its

publication in the Official Gazette or in at least two (2) newspapers of general circulation. Approved,