BUREAU OF IMMIGRATION
Section 2. Officials. A Bureau of Immigration is established under a Commissioner of Immigration, who shall have two assistants, a First Deputy Commissioner of Immigration and a Second Deputy Commissioner of Immigration. For administrative purposes, the Bureau of Immigration shall be under the supervision and control of the Department of Labor or of any other executive department which the President may subsequently determine.
COMMISSIONER OF IMMIGRATION
Section 3. Appointment; term of office; compensation. The Commissioner of Immigration shall be appointed by the President, with the consent of the Commission on Appointments of the National Assembly, and shall hold office at the pleasure of the President. He shall receive compensation at the rate of ten thousand pesos per annum. Administrative head powers as such He shall be the administrative head of the Bureau of Immigration and shall possess the powers generally conferred upon bureau chiefs. He shall have charge of the administration of all laws relating to the immigration of aliens into the Philippines and shall have the immediate control, direction and supervision of all officers, clerks, and employees of the Bureau of Immigration. He shall issue, subject to the approval of the Department Head, such rules and regulations and prescribe such forms of bond, reports, and other papers, and shall issue from time to time such instructions, not inconsistent with law, as he shall deem best calculated to carry out the provisions of the immigration laws. He shall submit a report to the President, in writing, of the transactions of his office, annually or oftener as the President may require.
DEPUTY COMMISSIONERS OF IMMIGRATION
Section 4. (a) Appointment; term of office; compensation. The two Deputy Commissioners 9 shall be appointed by the President, with the consent of the Commission on Appointments of the National Assembly, 10 and they shall hold office at the pleasure of the President. The First Deputy Commissioner 11 shall receive compensation at the rate of nine thousand pesos per annum and the Second Deputy Commissioner shall receive compensation at the rate of eight thousand four hundred pesos 13 per annum. During the absence or disability of the Commissioner, the First Deputy Commissioner 14 shall act as Commissioner, and during the absence or disability of both the Commissioner and the First Deputy Commissioner, 15 the Second Deputy Commissioner 16 shall act as Commissioner, and the Deputy Commissioner 17 who shall so act as Commissioner shall perform the duties of the latter in addition to his own duties.
(b) No person shall be appointed Commissioner or Deputy Commissioner 18 unless he be a natural-born citizen of the Philippines and is at least thirty years of age.
IMMIGRANT INSPECTORS 19
Section 5. (a) The position of Immigrant Inspector 20 is created, appointments to which shall be made upon the recommendation of the Commissioner of Immigration in accordance with the Civil Service Laws. 21
(b) Whenever he shall deem it necessary, the Commissioner of Immigration may appoint, with the consent of the proper Department Head, any qualified employee of the Government to serve as Acting Immigrant Inspector 22 Acting Immigrant Inspectors 23 shall have the same powers and authority as Immigrant Inspectors. 24
Section 6. Powers of Immigration Officer. The examination of aliens concerning their right to enter or remain in the Philippines shall be performed by Immigrant Inspectors 25 with the advice of medical authorities in appropriate cases. Immigrant Inspectors 26 are authorized to exclude any alien not properly documented as required by this Act, admit any alien complying with the applicable provisions of the immigration laws and to enforce the immigration laws and regulations prescribed thereunder. Immigrant Inspectors 27 are also empowered to administer oaths, to take and consider evidence concerning the right of any alien to enter or reside in the Philippines, and to go aboard and search for aliens on any vessel or other conveyance in which they believe aliens are being brought into the Philippines. Immigrant Inspectors 28 shall have the power to arrest, without warrant, any alien who in their presence or view is entering or is still in the course of entering the Philippines in violation of immigration laws or regulations prescribed thereunder. 29
OTHER EMPLOYEES
Section 7. Appointment and Salary. All other employees of the Bureau of Immigration 30 except as otherwise provided in this Act shall be appointed by the Head of Department, upon the recommendation of the Commissioner of Immigration, in accordance with civil service rules and regulations, and they shall receive such salaries as may be assigned to them conformably to the provisions of Commonwealth Act Numbered Four hundred and two. 31
ASSIGNMENT OF IMMIGRATION EMPLOYEES TO OVERTIME. WORK
Section 7-A. Immigration employees may be assigned by the Commissioner of Immigration to do overtime work at rates fixed by him when the service rendered is to be paid for by shipping companies and airlines or other persons served. 32
BOARD OF COMMISSIONERS
Section 8. Decision of the Board. The board of Commissioners, hereinafter referred to in this Act, shall be composed of the Commissioner of Immigration and the two Deputy Commissioners. 33 In the absence of a member of the Board, the Department Head shall designate an officer or employee in the Bureau of Immigration to serve as a member thereof. In any case coming before the Board of Commissioners, the decision of any two members shall prevail.
NONIMMIGRANTS
Section 9. Aliens departing from any place outside the Philippines, who are otherwise admissible and who qualify within one of the following categories, may be admitted as nonimmigrants. 34
(a) A temporary visitor coming for business or for pleasure or for reasons of health,
(b) A person in transit to a destination outside the Philippines;
(c) A seaman serving as such on a vessel arriving at a port of the Philippines and seeking to enter temporarily and solely in the pursuit of his calling as a seaman;
(d) Alien businessman. An alien entitled to enter the Philippines under and in pursuance of the provisions of a treaty of commerce and navigation (1) solely to carry on substantial trade principally between the Philippines and the foreign state of which he is a national or (2) solely to develop and direct the operations of an enterprise in which, in accordance with the Constitution and the laws of the Philippines he has invested or of an enterprise in which he is actively in the process of investing, a substantial amount of capital; and his wife, and his unmarried children under twenty-one years of age, if accompanying or following to join him, subject to the condition that citizens of the Philippines are accorded like privileges in the foreign state of which such alien is a national. 35
(e) An accredited official of a foreign government recognized by the Government of the Philippines, his family, attendants, servants, and employees;
Higher than high school. A student, having means sufficient for his education and support in the Philippines, who is at least eighteen years of age and who seeks to enter the Philippines temporarily and solely for the purpose of taking up a course of study higher than high school at a university, seminary, academy, college or school approved for such alien students by the Commissioner of Immigration;
(g) Prearranged employment. An alien coming to prearranged employment 36 for whom the issuance of a visa has been authorized in accordance with section twenty of this Act, and his wife, and his unmarried children under twenty-one years of age, if accompanying him or if following to join him within a period of six months from the date of his admission into the Philippines as a nonimmigrant under this paragraph. An alien who is admitted as a nonimmigrant cannot remain in the Philippines permanently. To obtain permanent admission, a nonimmigrant alien must depart voluntarily to some foreign country and procure from the appropriate Philippine consul the proper visa and thereafter undergo examination by the officers of the Bureau of Immigration 37 at a Philippine port of entry for determination of his admissibility in accordance with the requirements. 38
DOCUMENTATION OF NONIMMIGRANTS
Section 10. Presentation of unexpired passport. Nonimmigrants must present for admission into the Philippines unexpired passports or official documents in the nature of passports issued by the governments of the countries to which they owe allegiance or other travel documents showing their origin and identity as prescribed by regulations, and valid passport visas granted by diplomatic or consular officers, except that such documents shall not be required of the following aliens: (a) A child qualifying as a nonimmigrant, born subsequent to the issuance of the passport visa of an accompanying parent, the visa not having expired; and (b) A seaman qualifying as such under section 9 (c) of this Act. 39
Section 11. The form and manner of applying for a passport visa and the form and validity of such passport visa shall be established by regulations.
Section12. A passport visa shall not be granted to an applicant who fails to establish satisfactorily his nonimmigrants status or whose entry into the Philippines would be contrary to the public safety.
IMMIGRANTS
Section 13. Under the conditions set forth in this Act, there may be admitted into the Philippines immigrants, termed “quota immigrants” not in excess of fifty (50) of any one nationality or without nationality for any one calendar year, except that the following immigrants, termed “non-quota immigrants,” may be admitted without regard to such numerical limitations.
The corresponding Philippine Consular representative abroad shall investigate and certify the eligibility of a quota immigrant previous to his admission into the Philippines. Qualified and desirable aliens who are in the Philippines under temporary stay may be admitted within the quota, subject to the provisions of the last paragraph of section 9 of this Act.
(a) The wife or the husband or the unmarried child under twenty-one. years of age of a Philippine citizen, if accompanying or following to join such citizen;
(b) A child of alien parents born during the temporary visit abroad of the mother, the mother having been previously lawfully admitted into the Philippines for permanent residence, if the child is accompanying or coming to join a parent and applies for admission within five years from the date of its birth;
(c) A child born subsequent to the issuance of the immigration visa of the accompanying parent, the visa not having expired;
(d) A woman who was a citizen of the Philippines and who lost her citizenship because of her marriage to an alien or by reason of the loss of Philippine citizenship by her husband, and her unmarried child under twenty- one years of age, if accompanying or following to join her;
(e) A person previously lawfully admitted into the Philippines for permanent residence, who is returning from a temporary visit abroad to an unrelinquished residence in the Philippines. 40
(g) A natural born citizen of the Philippines, who has been naturalized in a foreign country, and is returning to the Philippines for permanent residence, including his spouse and minor unmarried children, shall be considered a non-quota immigrant for purposes of entering the Philippines. 41
Section 14. Persons with dual nationality The nationality of an immigrant whose admission is subject to the numerical limitations imposed by section thirteen of this Act shall be that of
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the country of his birth, or, at his option, the country of which he is a subject, citizen, or national, as verified by the proper documentation.
DEPORTATION OF IMMIGRANTS
Section 15. Grounds for Deportation – Any immigrant admitted into the Philippines who, within five years after entry, becomes a public charge from causes not affirmatively shown to have arisen subsequent to landing shall, upon warrant of the Commissioner of Immigration, be taken into custody and deported. Furthermore, immigrants involved in criminal activities, violation of Philippine laws, or acts that are deemed a threat to public safety or morals may be subject to deportation. A fair and just hearing shall be granted to any immigrant facing deportation.
DOCUMENTATION OF IMMIGRANTS
Section 16. Admission Requirements – Immigrants must present unexpired passports, official documents, and valid visas as prescribed by regulations. Immigrants are also required to undergo a medical examination and fulfill other documentary requirements in accordance with Philippine laws.
Section 17. Philippine Consular Responsibilities – The Philippine Consular representative abroad shall diligently investigate, certify eligibility, and endorse quota and non-quota immigrants for admission into the Philippines. This also includes the facilitation of proper documentation and ensuring the compliance of immigrants with all legal requirements.
QUALITY IMMIGRATION SERVICES AT YABUT LAW
Understanding the complexity of Philippine Immigration Laws, Yabut Law is at your service to navigate the intricate legal landscape of immigration in the Philippines. Located in the prime area of Fort Bonifacio, Taguig, we specialize in providing personalized and evidence-based legal services that cater to your unique immigration needs.
Our Services:
Immigrant and Non-Immigrant Visa Assistance: Our seasoned legal experts offer comprehensive guidance in obtaining various immigrant and non-immigrant visas, ensuring compliance with all legal requisites.
Deportation Defense: Facing deportation? Yabut Law offers dedicated representation, safeguarding your rights and providing a robust defense.
Business and Investor Visa Support: If you’re a foreign entrepreneur or investor looking to establish or expand your business in the Philippines, Yabut Law facilitates the entire process, from visa applications to legal compliance.
Family Reunification: We value family unity and offer dedicated support in facilitating the visas and documentation for family members, ensuring that they can join you in the Philippines.
Dual Nationality and Citizenship Applications: Explore the benefits of dual citizenship or regain your Philippine citizenship with our proficient legal assistance.
Why Choose Yabut Law:
Expertise: Our team comprises seasoned immigration lawyers well-versed in the Philippine Immigration Act of 1940 and its amendments. We ensure a smooth transition whether you’re moving to the Philippines for business, family, or leisure.
Integrity: We maintain a strict code of ethics, transparency, and confidentiality in all our dealings.
Personalized Service: Every client is unique, and at Yabut Law, we provide tailored solutions that align with your specific needs and objectives.
Success-Oriented Approach: We prioritize your success, deploying evidence-based strategies that align with Philippine laws, ensuring positive outcomes.
Accessible Location: Situated in the heart of Fort Bonifacio, Taguig, Yabut Law provides easy accessibility, modern facilities, and a client-centric environment that prioritizes your convenience.
Conclusion:
Navigating the complex world of Philippine immigration requires expert guidance. Yabut Law, with its unique blend of experience, integrity, personalized service, and success-driven approach, stands as your trusted partner in all immigration matters.
Discover how Yabut Law can assist you in fulfilling your Philippine dreams. Reach out to us today at our Fort Bonifacio, Taguig office, or contact us online. Experience the peace of mind that comes with having the leaders in Philippine immigration law by your side.
Last Updated: Wednesday, 09 August 2023, 16:09 GMT