PHILIPPINE IMMIGRATION LAW: A SUMMARY

by Atty. Estanislao R. Canta

Attorney IV, Board of Special Inquiry
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 national’s
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).

Bureau’s Mandate

7. The Bureau’s 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 country’s 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); the “Revised Rules for Deportation Procedures”
(Office Memorandum Order No. ADD-01-04, issued on June 7, 2001); and even
the “Omnibus Rules of Procedure of 2015” (Immigration Memorandum Circular
No. SBM-2015-010, approved on 08 October 2015).