PHILIPPINE IMMIGRATION LAW: A SUMMARY

by Atty. Estanislao R. Canta

Attorney IV
Bureau of Immigration

1. The Bureau of Immigration is the principal government agency

responsible for implementing immigration, alien registration, and certain
citizenship laws.

On immigration

2. The Bureau controls the entry (arrival), stay (sojourn), and exit
(departure) of aliens. It also monitors the entry and exit of Filipinos. Its
enabling law is the Philippine Immigration Act of 1940 (Commonwealth
Act No. 613, as amended).

On alien registration

3. The Bureau also implements the Alien Registration Act of 1950 (Republic
Act No. 562, as amended). Alien registration involves having on file the
foreign nationals photograph, fingerprints, signature, and record of
personal particulars.

4. Under R.A. No. 562, the alien certificate of registration (ACR) is paper-
based, but the new ACR Identification Card (ACR I-Card) is a microchip-
based credit card-sized identification card that also takes the place of the
special return certificate (SRC) or re-entry permit (RP), and emigration
clearance certificate (ECC).

On citizenship

5. The Philippines has numerous citizenship and naturalization laws but of

concern to the Bureau are (a) recognition as Filipino and/or (b)
cancellation of alien registry by: (a) birth, whether legitimate or
illegitimate; (b) election (Art. IV, Sec. 1(3), 1987 Constitution; Art. III,
Sec. 1(3), 1973 Constitution, and Art. IV, Sec. 1(4), 1935 Constitution;
and C.A. No. 625 (1936) (c) naturalization, whether under the Revised
Naturalization Law (C.A. No. 473 (1939)), or through the Special
Committee on Naturalization created by Letter of Instruction No. 270
(1975); d) marriage (Sec. 15, C.A. No. 473); and (e) repatriation
(Republic Acts No. 965 (1953) and 2630 (1960); Presidential Decree No.
725 (1975), and R.A. No. 8171 (1995).
6. The Bureau also cancels the alien registry of foreign nationals naturalized
as Filipinos on the basis of the fact of their birth in the Philippines under
The Administrative Naturalization Act of 2001 (R.A. No. 9139). Finally, it
implements of the Citizenship Retention and Reacquisition Act of 2003
(R.A. No. 9225).

Bureaus Mandate

7. The Bureaus mandate includes immigration control, epitomized by our

slogan good guys in, bad guys out; facilitation of trade and travel, in
recognition of the role foreign tourists, businessmen, and investors play in
jump-starting the economy; and protecting the countrys more than 10-
million overseas residents and contract workers.

Visa categories

8. The PIA provides for three (3) categories of visas: (a) immigrant, (b) non-
immigrant, and (c) special non-immigrant.

Immigrant visas

9. Immigrant or permanent resident visas are provided for in Sec. 13, PIA.
Holders thereof may do anything that a Filipino can do except (a) exercise
political rights like voting and holding public office, (b) engage in a
nationalized business or practice a nationalized profession, and (c)
generally exercise rights limited to Filipinos. Examples of nationalized
businesses are retail trade, exploitation of natural resources, operation of
public utilities; of professions, law, medicine, engineering; and of
exercise of rights, owning land.

10. There are two types of immigrant visas: quota and non-quota. Quota
visas whose numbers are subject to the numerical limitation of fifty per
nationality per year -- are granted on the basis of the applicant having a
special skill (that would presumably advance the public interest) or a
special investment (presently pegged at USD50,000 or its equivalent in
other foreign currency). Non-quota visas are granted on the basis of a
special link to the Philippines or its citizens. Among such links are
marriage to Filipinos, former Philippine citizenship, and previous residence
in the country.

Non-immigrant visas

11. Non-immigrant or non-resident visas are provided for in Sec. 9, PIA. They
are granted for a specific/limited period, and for a specific/limited
 purpose. Beneficiaries include tourists, transients, alien crewmen, traders,
foreign government officials, students, and workers/employees.

12. Two categories of Sec. 9 visas deserve special mention: the treaty trader
or 9(d) visa, and the pre-arranged employee or 9(g) visa.

13. The 9(d) visa is limited to nationals of the United States, Japan and
Germany. Its basis is a treaty of trade, commerce, and/or navigation
between the Philippines and these three favored countries. Treaties of
friendship and cooperation do not count. This visa is normally granted for
a period of one (1) year. Under present regulations, a treaty trader,
investor, or employee must prove a substantial investment his own or
his company.

14. The 9(g) visa is granted to aliens seeking work or employment in the
country. Employment may be commercial or non-commercial. The non-
commercial employment covers people doing religious, charitable,
rehabilitation, and/or social work.

15. By definition, commercial employees are those who work for gain or
profit. They are required to secure Alien Employment Permits (AEPs) from
the Department of Labor and Employment (DOLE) as provided for in Sec.
40 of the Labor Code. Additionally, they may be required to secure
additional permits from the government agencies overseeing the industry
to which they belong. Most important is the permit from the Department
of Justice relative to the Anti-Dummy Law (P.D. No. 715). Non-commercial
workers are exempt from the AEP requirement.

16. Most visa applications may be approved by one Commissioner or his

representative, but 9(g) visa applications are required by law to be
approved by the Board of Commissioners, under Sec. 20(a).

17. Related to 9(d) and 9(g) visas are special work permits (SWPs). These
are granted for short periods (usually three months), and issued to
performing artists, professional athletes, internal auditors, installers of
machinery, and airline mechanics, among others. Foreign nationals also
apply for SWPs pending the issuance or grant to them of a regular 9(d) of
9(g) visa.

Special non-immigrant visas

18. Special non-immigrant visas, governed by Sec. 47, PIA, are granted based
on public interest or policy considerations. Covered by the public interest
category [47(a)(2)] are those involved in power generation, reforestation,
 special technical and academic exchange programs, and industry. Covered
by the public policy category [47(b)] are refugees. Unlike other visa
categories under the PIA, special non-immigrant visas are granted by the
DOJ Secretary.

19. The PIA became law in 1940. Over the years, other visa categories were
created by special law, to accommodate emergent concerns and
conditions.

20. Visas granted under special laws are categorized as special non-immigrant
visas. These include the Special Investor Resident Visa, issued upon
endorsement of the Board of Investments pursuant to Book V of The
Omnibus Investments Code of 1987 (Executive Order No. 226); Special
Retiree Resident Visa, issued upon endorsement of the Philippine
Retirement Authority under Executive Order No. 1037 (1986); investor
visas in tourism-related activities issued upon endorsement of the
Department of Tourism pursuant to E.O. No 63 (1986); off-shore banking
visas under P.D. No. 1034; and employees of regional and regional
operating headquarters under Sec. 59 of E. O. No. 226, as amended by
R.A. No. 8756. Also included are visas granted by the special economic or
export zones, and to employees of the more than 200 IT zones.

21. The most recent visas created are the Special Visa for Employment
Generation (2008) which enables a foreign national who employs at least
ten (10) Filipinos to remain in the country indefinitely, and the Tourism
Infrastructure and Export Zone Authority (2010) visa.

Less paper travel

22. In the past, a foreign national with a long-term visa had to possess a valid
(a) passport, (b) visa, and (c) the appropriate travel papers such as the
special return certificate for non-immigrants and special non-immigrants,
the re-entry permit for immigrants, and the emigration clearance
certificate for all categories. Over the years, the trend has been to do
away or minimize the use of travel papers, in line with the universal
practice called less paper travel. Note that the law exempts holders of
visas mentioned in pars. 20 and 21 above from registering as aliens and
securing travel papers. As mentioned in par. 4 above, for long-term visa
holders, the ACR I-Card has taken the place of the SRC, RP, and ECC.

Law enforcement: Deportation and Exclusion

21. Deportation is simply the expulsion of a foreigner from the territory of a

State. Early in our modern legal history, the Supreme Court has
 determined that deportation is based on the inherent right of every state
to self-preservation; and that right to expel aliens whom it does not want
is absolute and unqualified.

22. Thus, in numerous decisions, the Court has declared that the power to
deport is an attribute of sovereignty, a police measure; preventive and not
penal (Forbes v. Chuoco Tiaco, 16 Phil 534). Such being the case, the
determination of deportability is a political question (Director of Prisons v.
Ang Cho Kio, 33 SCRA 495). Likewise, the Court has ruled that a private
person cannot be a complainant but a mere witness ( Lao Gi v. CID, G.R.
No. 81798, December 29, 1989).

23. The power to deport is vested in (1) the President of the Republic, based
initially on Sec. 69 of the Administrative Code of 1917, and affirmed in
Sec. 8, Chap. 3, Title 1, Book III of the Administrative Code of 1987 (E.O.
No.292), and (2) the Commissioner of Immigration, after a determination
by the Board of Commissioners of the existence of a ground for a
deportation, under Sec. 37(a) of the PIA. In both instances, the power to
deport is subject to the requirements of due process.

24. Sec. 37, PIA, mentions 12 deportation grounds, but as is obvious, these
grounds are not exclusive. They generally fall under one of six categories
that usually overlap: (a) defects in documentation (b) physical and/or
mental condition, (c) public charges, (d) criminal conviction and
immorality, (e) security and related issues, and (f) violations of conditions
of stay.

25. On the other hand, Sec. 29, PIA, lists 17 exclusion grounds which are also
not exclusive, and fall under roughly the same categories as deportation.

26. It must be noted that deportation is not allowed if the purpose is to evade
criminal prosecution (Law Instruction No. 52, January 09, 1989).

27. Due process in deportation cases is lengthily discussed in Lao Gi (par. 24).

28. However, despite the rules on due process, aliens may be summarily
deported for overstaying (Office Memorandum Order No. 34, August 21,
1989); if their passports expire or are cancelled (OMO No. 19, April 05,
1990, and Schonemann v. Santiago (G.R. No. 86461, May 30, 1989); if
they are fugitives; and if they are registered sex offenders.

29. A deportation decision becomes final after 30 days unless within such
period the President orders the contrary (Sec. 10, Chapter 3, Title I, Book
III, E.O. No. 292).
30. Under Philippine law, only judges, the President, and the Commissioner of
Immigration may order the arrest of an alien ( Salazar v. Achacoso, 183
SCRA 145). In case of the Commissioner, however, the warrant of arrest
must be based on a final order of deportation. An arrest for the purpose
of determining probable cause or further investigation is null and void ( Sy
v. Domingo, G.R. Nos. 97152 and 97159, March 20, 1991) and Gatchalian
v. Board (G.R. Nos. 95612 and 85613, May 31, 1991).

31. For our guidance, it must be noted that the following OLD practices are no
longer allowed: (a) the issuance of an arrest warrant by the Commissioner
to determine probable cause; (b) the belated filing of charges to make
arrest legal; and (c) the reliance on a petition for bail to cure any
irregularity in the arrest and detention of a foreign national.

32. The Deportation Guidelines (1972) issued by the Secretary of Justice may
serve as further guide. Said document, still applicable, simply states that if
any complaint for deportation against an alien -- such as those based on
ordinary criminal complaints, collection of sums of money, immorality, or
even so-called anti-Filipino acts or arrogance -- can be better handled by
the regular courts or some other administrative body, the same should be
(provisionally) dismissed by the Bureau. This policy was never repealed; in
fact, it was reiterated in the 1997 Deportation Rules of Procedure (Office
Memorandum Order No. ELM 97-013, approved on June 30, 1997) and
the Revised Rules for Deportation Procedures (Office Memorandum
Order No. ADD-01-04, issued on June 7, 2001).