TITLE
OF ACT
Section 1. This Act shall be known as "The Philippine Immigration Act
of 1940."
BUREAU OF IMMIGRATION
Section 2. Officials. — A Bureau of Immigration 1 is
established under a Commissioner of Immigration, who shall have two
assistants, a First Deputy Commissioner of Immigration 2 and a Second
Deputy Commissioner of Immigration. 3 For administrative purposes, the
Bureau of Immigration 4 shall be under the supervision and control of
the Department of Labors 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, 6 and shall hold office at the pleasure of the President. He
shall receive compensation at the rate of ten thousand pesos 7 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. 8 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.
Section 12. 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
the country of which the immigrant is a citizen or subject,
self-governing dominions being treated as separate countries. The
nationality of an immigrant possessing dual nationality may be that of
either of the two countries regarding him as a citizen or subject if he
applies for a visa in a third country, but if he applies for such visa
within one of the two countries regarding him as a national, his
nationality shall be that of the country in which he shall file his
application.
DOCUMENTATION OF IMMIGRANTS
Section 15. Presentation of unexpired passport;
in the case of the children — Immigrants 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 immigration visas
issued by consular officers, except that children born subsequent to
the issuance of the immigration visa or a reentry permit in case of
children born abroad during the temporary visit abroad of their mothers
as provided for in paragraph (c) of section thirteen of this Act the
immigration visa or reentry permit not having expired, and returning
residents as referred to in section thirteen (f) hereof, present
unexpired reentry permits as provided for in section twenty-two of this
Act, shall not be subject to these documentary requirements. No child
shall however be exempt from these documentary requirements unless the
alleged mother shall have proved her state of pregnancy before the
consular officers in the case of children born subsequent to the
issuance of a valid immigration visa, or before the immigration
authority prior to her departure from the Philippines in the case of
children born abroad of mothers with valid reentry permits: Provided,
however, That in the latter case should the mother become pregnant
after her departure from the Philippines the fact of her pregnancy
shall be proved before the consul officers who shall issue the
appropriate certification for presentation to the immigration
authorities upon her return to the Philippines. 42
Section 16. The form and manner of applying for an immigration visa and
the form and validity of such immigration visa shall be established by
regulations.
Section 17. No immigration visa shall be issued
to an immigrant if the consular officer knows from statements in the
application therefor or from the papers submitted therewith or
otherwise has reason to believe that the immigrant is inadmissible into
the Philippines under the immigration laws.
IMMIGRATION VISAS FOR QUOTA
IMMIGRANTS
Section 18. An immigration visa shall not be
issued by a consular officer to an immigrant whose admission into the
Philippines is subject to the numerical limitations imposed by section
thirteen of this Act until the consular officer shall have received
from the Commissioner of Immigration the allotment of a quota number to
be placed upon the visa for the immigrant.
Section 19. Preference in allotment of quota
numbers — In allotting quota numbers, the Commissioner of immigration
shall accord preference to immigrants who are the fathers and mothers
of Philippine citizens who are twenty-one years of age or over, and the
wives, husbands, and unmarried children under of twenty-one years of
age, of aliens lawfully admitted into the Philippines for permanent
residence and residing therein. Such preference shall be accorded only
upon petition made therefor under regulations prescribed by the
Commissioner.
IMMIGRATION VISAS FOR NON-QUOTA
IMMIGRANTS
Section 20. In case of prearranged employment —
(a) A passport visa for a nonimmigrant referred to in section nine (g)
of this Act who is coming to prearranged employment shall not be issued
by a consular officer until the consular officer shall have received
authorization for the issuance of the visa. Such authorization shall be
given only on petition filed with the Commissioner of Immigration
establishing that no person can be found in the Philippines willing and
competent to perform the labor or service for which the nonimmigrant is
desired and that the nonimmigrant's admission would be beneficial to
the public interest. The petition shall be made under oath, in the form
and manner prescribed by regulations, by the prospective employer or
his representative. Filing of petition under oath — The petition shall
state fully the nature of the labor or service for which the
nonimmigrant is desired, the probable length of time for which he is to
be engaged, the wages and other compensation which he is to receive,
the reasons why a person in the Philippines cannot be engaged to
perform the labor or service for which the nonimmigrant is desired and
why the nonimmigrant's admission would be beneficial to the public
interest. Accompanying documents —The petition shall be accompanied by
a certified copy of any written contract or agreement entered into for
the immigrant's service and shall contain such additional information
as may be deemed material. Substantiation of all the allegations made
in the petition shall be required and the allegations that no person
can be found in the Philippines willing and competent to perform the
labor or service for which the nonimmigrant is desired and that the
nonimmigrant's admission would be beneficial to the public interest
shall be established beyond doubt by convincing and satisfactory
evidence. The title "Immigration Visas for Non-quota Immigrant" shall
be understood to refer only to section twenty-one of the same Act. 43
(b) Approval of petition. — If the Board of
Commissioners finds that the petition complies with the requirements of
the preceding paragraph and that the petitioner has established the
facts entitling him to the authorization, the Board shall grant the
petition and the Commissioner shall so inform the petitioner and
promptly transmit authorization to the consular office at which the
immigrant is to apply for a visa. Such an immigrant, upon receiving a
visa and applying for admission into the Philippines, shall be exempt
from the provisions of paragraph fourteen of section twenty-nine (a) of
this Act excluding aliens coming to perform unskilled manual labor in
pursuance of a promise or offer of employment.
Section 21. Non-quota immigration visas may be
issued by the consular officers to other immigrants claiming non-quota
status upon the receipt of satisfactory proof that they are entitled to
such status.
REENTRY PERMITS
Section 22. Filing of application; issuance of
permit. — Any lawfully resident alien about to depart temporarily from
the Philippines who desires a reentry permit may apply to the
Commissioner of Immigration for such permit. If the Commissioner finds
that the applicant has been lawfully admitted into the Philippines for
permanent residence, he shall issue the permit which shall be valid for
a period not exceeding one year except that upon application for
extension and good cause therefor being shown by the applicant, it may
be extended by the Commissioner for additional periods not exceeding
one year each. The Commissioner shall prescribe the form of permit.
Applications for the issuance or extension of permits shall be made
under oath and in such form and manner as the Commissioner shall by
regulations prescribe.
The permit, upon approval of the Commissioner of Immigration, may be
made good for several trips within the period of one year; Provided
however, That the holder thereof shall be required to pay the fee
required under section forty-two (a) (3) of this Act for every trip he
makes. 44
EMIGRATION CLEARANCE CERTIFICATE
Section 22-A. Issuance of certificate. — Any alien about to depart from
the Philippines temporarily or for permanent residence abroad shall,
before leaving the country, apply to the Commissioner of Immigration
for a clearance certificate. If the Commissioner finds that the
applicant has no pending obligation with the Government, its
instrumentalities, agencies and subdivisions, and that there is no
pending, criminal, civil or administrative action which, by law
requires his presence, in the Philippines, the Commissioner shall issue
the certificate upon surrender of the alien or all other certificates
previously issued to him by the Bureau of Immigration 45 showing his
admission and/or residence in the Philippines. 46
CANCELLATION OF ENTRANCE
DOCUMENTS FOR FRAUD
Section 23. An immigration visa, or a passport
visa, or a Reentry Permit, obtained by fraud or willful
misrepresentation of fact shall be subject to cancellation by the
issuing officer or by the Board of Commissioners.
PORTS OF ENTRY
Section 24. Selected from customs ports of
entry. — The Commissioner of Immigration shall designate ports, from
among the ports of entry designated by law as ports of entry for
customs purposes, at which aliens may enter the Philippines. Such ports
shall be designated by the Commissioner as unlimited or ports of
limited ports of entry. At limited ports of entry only such classes of
aliens may enter as may be permitted by the Commissioner under
regulations prescribed by him. He shall also have power to close ports
so designated whenever he should deem it to be advisable in the public
interest and upon sufficient notice to the public.
DETENTION OF ARRIVING ALIENS
Section 25. — Period of detention of aliens. — For the purpose of
determining whether aliens arriving in the Philippines belong to any of
the classes excluded by the immigration laws, the Period examining
immigration officers may order such aliens detained on board the vessel
bringing them or in such other place as the officers may designate,
such detention to be for a sufficient length of time to enable the
officers to determine whether they belong to an excluded class and
their removal to such other place to be at the expense of the vessel
bringing them.
BOARDS OF SPECIAL INQUIRY
Section 26. Every alien who may not appear to
the examining immigration officer at the port of arrival to be clearly
and beyond a doubt entitled to land shall be detained for examination
in relation thereto by a board of special inquiry .
Section 27. (a) Composition. — Every board of
special inquiry shall be composed of a Chairman and two members, who
shall be appointed by the President of the Philippines alone and shall
be removable at his pleasure. The Commissioner of Immigration may
assign to such officers duties and functions in addition to those
pertaining to them by reason of their membership in the board. At ports
where it is not convenient or necessary to organize permanent boards of
special inquiry, the resident may designate any other employee of the
Government to serve as a member of the board of special inquiry which
might be organized therein from time to time.
(b) Board powers. — A board of special inquiry shall
have authority (1) to determine whether an alien seeking to enter or
land in the Philippines shall be allowed to enter or land or shall be
excluded, and (2) to make its findings and recommendations in all the
cases provided for in section twenty-nine of this Act wherein the
Commissioner of Immigration may admit an alien who is otherwise
inadmissible. For this purpose, the board or any member thereof, may
administer oaths and take evidence and in case of necessity may issue
subpoena and/or subpoena duces tecum. The hearing of all cases brought
before a board of special inquiry shall be conducted under rules of
procedure to be prescribed by the Commissioner of Immigration. Appeal
to Board of Commissioners. — The decision of any two members of the
board shall prevail and shall be final unless reversed on appeal by the
Board of Board of Commissioners as hereafter stated, or, in the absence
of an appeal, unless reversed by the Board of Commissioners after a
review by it, motu proprio of the entire proceedings within one year
from the promulgation of said decision. At the conclusion of the
hearing of any case, the board of special inquiry shall at once proceed
to deliberate and decide on the merits thereof. The decision shall be
promulgated and the findings and recommendation, in proper cases,
submitted not later than two days from the date of the deliberation.
Should the board of special inquiry need more time to make a written
decision of findings and recommendation in view of the nature of the
case, the chairman thereof shall report the case to the Commissioner of
Immigration who may grant an extension of time if he considers it
necessary.
(c) Who may appeal. — An alien excluded by a board of
special inquiry or a dissenting member thereof may appeal to the Board
of Commissioners, whose decision in the case shall be final. The
decision on appeal shall be put in writing and promulgated not less
than seven days from the time the case is submitted for decision. In
appeal cases, the alien shall have the right to be represented by an
attorney or counsel who shall have access to the record of the board of
special inquiry in the particular case on appeal. 47
MEDICAL EXAMINATION OF ARRIVING
ALIENS
Section 28. Designation of examining team. — The
physical and mental examination of arriving aliens shall be made by
medical officers of the Government designated under order of the
President to make such examinations, who shall certify for the
information of the immigration officers and the boards of special
inquiry any and all physical and mental defects or disease observed
after an examination by them of such aliens. Should such medical
officers be not available. private physicians may be employed for
examining arriving aliens. the necessary expenses therefor to be
chargeable against the appropriation provided for the Bureau of
Immigration. 48
EXCLUDED CLASSES
Section 29. (a) The following classes of aliens
shall be excluded from entry into the Philippines:
(1) Idiots or insane persons and persons who have
been insane;
(2) Persons afflicted with a loathsome or dangerous
contagious disease, or epilepsy:
(3) Persons who have been convicted of a crime
involving moral turpitude;
(4) Prostitutes, or procurers, or persons coming for
any immoral purposes;
(5) Persons likely to become, public charge
(6) Paupers, vagrants, and beggars:
(7) Persons who practice polygamy or who believe in
or advocate the practice of polygamy;
(8) Persons who believe in or advocate the overthrow
by force and violence of the Government of the Philippines, or of
constituted law and authority, or who disbelieve in or are opposed to
organized government, or who advocate the assault or assassination of
public officials because of their office, or who advocate or teach
principles, theories, or ideas contrary to the Constitution of the
Philippines or advocate or teach the unlawful destruction of property,
or who are members of or affiliated with any organization entertaining
or teaching such doctrines;
(9) Persons over fifteen years of age, physically
capable of reading, who cannot read printed matter in ordinary use in
any language selected by the alien, but this provision shall not apply
to the grandfather, grandmother, father, mother, wife, husband or child
of a Philippine citizen or of an alien lawfully resident in the
Philippines;
(10) Persons who are members of a family accompanying
an excluded alien, unless in the opinion of the Commissioner of
Immigration no hardship would result from their admission;
(11) Persons accompanying an excluded person who is
helpless from mental or physical disability or infancy, when the
protection or guardianship of such accompanying person or persons is
required by the excluded person, as shall be determined by the
Commissioner of Immigration;
(12) Children under fifteen years of age,
unaccompanied by or not coming to a parent, except that any such
children may be admitted in the discretion of the Commissioner of
Immigration, if otherwise admissible;
(13) Stowaways, except that any stowaway may be
admitted in the discretion of the Commissioner of Immigration, if
otherwise admissible;
(14) Persons coming to perform unskilled manual labor
in pursuance of a promise or offer of employment, express or implied,
but this provision shall not apply to persons bearing passport visas
authorized by section twenty of this Act;49
(15) Persons who have been excluded or deported from
the Philippines, but this provision may be waived in the discretion of
the Commissioner of Immigration: Limitation on authority of
commissioner. — Provided, however, That the Commissioner of Immigration
shall not exercise his discretion in favor of aliens excluded or
deported on the ground of conviction for any crime involving moral
turpitude or for any crime penalized under sections forty-five and
forty-six of this Act or on the ground of having engaged in hoarding,
black-marketing or profiteering unless such aliens have previously
resided in the Philippines immediately before his exclusion or
deportation for a period of ten years or more or are married to native
Filipino women. 50
(16) Persons who have been removed from the
Philippines at the expense of the Government of the Philippines, as
indigent aliens, under the provisions of section forty-three of this
Act, and who have not obtained the consent of the Board of
Commissioners to apply for readmission; and
(17) Persons not properly documented for admission as
may be required under the provisions of this Act.
(b) Notwithstanding the provisions of this section,
the Commissioner of Immigration, in his discretion, may permit to enter
any alien properly documented, who is subject to exclusion under this
section, but who is —
(1) An alien lawfully resident in the Philippines who
is returning from a temporary visit abroad;
(2) An alien applying for temporary admission.
Section 30. Any alien seeking admission into the
Philippines may be required to testify under oath on matters relating
to his admissibility. The burden of proof shall be upon such alien to
establish that he is not subject to exclusion under any provision of
the immigration laws.
IMMIGRANT HEAD TAX
Section 31. A tax of twenty-five pesos shall be
collected for every alien over sixteen years of age admitted into the
Philippines for a stay exceeding sixty days. The tax shall be paid to
the Immigration Officer or, in his absence to the Collector of Customs,
for the account of the Commissioner of Immigration, at the port to
which the alien shall come, by the master, agent, owner, or consignee
of the vessel bringing said alien to the Philippines, or by the alien
himself where collection from the master, agent, owner, or consignee of
the vessel shall be impracticable. The tax imposed by this section
shall be a lien on the vessel and shall be a debt in favor of the
Government of the Philippines against the owner or owners of the
vessel, and payment thereof may be enforced by any legal remedy. The
Collector of Customs shall, upon the request of the Commissioner of
Immigration, withhold clearance from any vessel which has been declared
in default of any obligation incurred under this section. 51
CREW LISTS AND PASSENGERS
MANIFESTS
Section 32. The master, agent, owner or
consignee of any vessel arriving in the Philippines from a place
outside thereof, or departing from the Philip- pines for a place
outside thereof, shall furnish to the immigration officer in charge at
the port of arrival and at the port of departure, such crew lists and
passenger manifests and such other information concerning the persons
arriving or departing on the vessel as shall be required in regulations
prescribed by the Commissioner of Immigration: Provided, that the
Commissioner of Immigration may, in his discretion, exempt any vessel
or vessels from the requirement of this section.
The crew lists of incoming vessels shall be duly visaed by Philippine
consular officials abroad. 52
SEAMEN
Section 33. It shall be the duty of the master,
agent, owner, or consignee of any vessel arriving in the Philippines
from a place outside thereof to detain on board any alien seaman
employed on such vessel until the immigration officer in charge has
inspected such seaman, and to detain such seaman on board after
inspection and to remove such seaman if required by the immigration
officer in charge or by the Commissioner of immigration to do so. No
seaman employed on board such a vessel shall be paid off or discharged
while the vessel is in a port of the Philippines without the permission
of the immigration authorities.
Section 34. An alien seaman employed on a vessel
arriving in the Philippines from a place outside thereof may be
permitted to land temporarily under such regulations as shall be
prescribed by the Commissioner of Immigration.
OBLIGATION OF TRANSPORTING
VESSELS IN CASES OF DETENTION AND EXCLUSION
Section 35. The cost of maintenance while on
land, medical treatment in hospital or elsewhere, burial in event of
death, and transfer to the vessel in the event of return, of any alien
brought to the Philippines and temporarily removed from the vessel for
examination by order of the immigration officers, shall be borne by the
owner or owners of the vessel on which the alien came. 53
Section 36. An alien brought to the Philippines
who is excluded shall be immediately sent back, in accommodations of
the same class in which he arrived, to the country whence he came, on
the same vessel bringing him, unless in the opinion of the Commissioner
of Immigration, immediate return is not practicable or proper. The
expense of the return of such an alien shall be borne by the owner or
owners of such vessel. If the Commissioner of Immigration finds that
immediate return is not practicable or proper, or if the vessel by
which the excluded alien came has left the Philippines and it is
impracticable for any reason to return the alien within a reasonable
time by another vessel owned by the same interests, the cost of return
may be paid by the Government and recovered from the owner, agent. or
consignee of the vessel. Where return to the country whence the
excluded alien. came cannot for any reason be effected, the
Commissioner of Immigration may direct the alien's removal to the
country of his nativity or of which he is a national, and the cost of
such removal, if removal by vessel on which he came or by another
vessel owned by the same interests cannot be accomplished within a
reasonable time, shall likewise be at the expense of the owners of such
vessel. 54
DEPORTATION OF ALIENS
Section 37. (a) The following aliens shall
be arrested upon the warrant of the Commissioner of Immigration or of
any other officer designated by him for the purpose and deported upon
the warrant of the Commissioner of Immigration after a determination by
the Board of Commissioners of the existence of the ground for
deportation as charged against the alien:
(1) Any alien who enters the Philippines after the
effective date of this Act by means of false and misleading statements
or without inspection and admission by the immigration authorities at a
designated port of entry or at any place other than at a designated
port of entry. 55
(2) Any alien who enters the Philippines after the
effective date of this Act, who was not lawfully admissible at the time
of entry;
(3) Any alien who, after the effective date of this
Act, is convicted in the Philippines and sentenced for a term of one
year or more for a crime involving moral turpitude committed within
five years after his entry to the Philippines, or who, at any time
after such entry, is so convicted and sentenced more than once;
(4) Any alien who is convicted and sentenced for a
violation of the law governing prohibited drugs; 56
(5) Any alien who practices prostitution or is an
inmate of a house of prostitution or is connected with the management
of a house of prostitution, or is a procurer;
(6) Any alien who becomes a public charge within five
years after entry from causes not affirmatively shown to have arisen
subsequent to entry;
(7) Any alien who remains in the Philippines in
violation of any limitation or condition under which he was admitted as
a nonimmigrant;
(8) Any alien who believes in, advises, advocates or
teaches the overthrow by force and violence of the Government of the
Philippines, or of constituted law and authority, or who disbelieves in
or is opposed to organized government or who advises, advocates, or
teaches the assault or assassination of public officials because of
their office, or who advises, advocates, or teaches the unlawful
destruction of property, or who is a member of or affiliated with any
organization entertaining, advocating or teaching such doctrines, or
who in any manner whatsoever lends assistance, financial or otherwise,
to the dissemination of such doctrines;
(9) Any alien who commits any of the acts described
in sections forty-five and forty-six of this Act, independent of
criminal action which may be brought against him: Provided, That in the
case of an alien who, for any reason, is convicted and sentenced to
suffer both imprisonment and deportation, said alien shall first serve
the entire period of his imprisonment before he is actually deported.
Provided however, That the imprisonment may be waived by the
Commissioner of Immigration with the consent of the Department Head,
and upon payment by the alien concerned of such amount as the
Commissioner may fix and approved by the Department Head. 57
(10) Any alien who, at any time within five years
after entry, shall have been convicted of violating the provisions of
the Philippine Commonwealth Act Numbered Six hundred and fifty-three,
otherwise known as the Philippine Alien Registration Act of 1941, 58 or
who, at any time after entry, shall have been convicted more than once
of violating the provisions of the same Act.
(11) Any alien who engages in profiteering, hoarding,
or black-marketing, independent of any criminal action which may be
brought against him.
(12) Any alien who is convicted of any offense
penalized under Commonwealth Act Numbered Four hundred and
seventy-three, otherwise known as the Revised Naturalization Laws of
the Philippines, or any law relating to acquisition of Philippine
citizenship.
(13) Any alien who defrauds his creditor by
absconding or alienating properties to prevent them from being attached
or executed. 59
(b) Deportation may be effected under clauses 2, 7,
8, 11 and 12 of paragraph (a) of this section at any time after entry,
but shall not be effected under any other clause unless the arrest in
the deportation proceedings is made within five years after the cause
for deportation arises. Deportation under clauses 3 and 4 shall not be
effected if the court, or judge thereof, when sentencing the alien,
shall recommend to the Commissioner of Immigration that the alien be
not deported. 60
(c) No alien shall be deported without being informed
of the specific grounds for deportation nor without being given a
hearing under rules of procedure to be prescribed by the Commissioner
of Immigration.
(d) In any deportation proceeding involving the entry
of an alien the burden of proof shall be upon the alien to show that he
entered the Philippines lawfully, and the time, place, and manner of
such entry, and for this purpose he shall be entitled to a statement of
the facts in connection with his arrival as shown by any record in the
custody of the Bureau of Immigration. 61
(e) Any alien under arrest in a deportation
proceeding may be released under bond or under such other conditions as
may be imposed by the Commissioner of Immigration.
Section 38. An alien ordered deported shall, at
the option of the Commissioner of Immigration, be removed to the
country whence he came, or to the foreign port at which he embarked for
the Philippines, or to the country of his nativity or of which he is a
citizen or subject, or to the country in which he resided prior to
coming to the Philippines.
Section 39. If deportation proceedings are
instituted within five years after entry, unless deportation is made by
reason of causes which arose subsequent to the alien's entry, the cost
of deportation from the port of deportation shall be at the expense of
the owner or owners of the vessel by which the alien came; if that is
not practicable, in such case and in all other cases, the cost of
deportation shall be payable from the appropriations available for the
purpose.
BONDS
Section 40. (a) The
Commissioner of Immigration shall have the power to exact bonds in such
amounts and containing such conditions as he may prescribe:
(1) To control and regulate the admission into, and
departure from, the Philippines of aliens applying for temporary
admission;
(2) To insure against alien passengers liable to be
excluded as likely to become public charges, from becoming public
charges;
(3) To insure the appearance of aliens released from
custody during the course of deportation proceedings instituted against
them.
(b) In lieu of such bond, a deposit in cash may be
made with the Collector of Customs in such amount as the Commissioner
of Immigration may require.
(c) When the conditions of the bond or cash deposit
are fulfilled, or, in the case of a bond or deposit given to insure
against an alien becoming a public charge, when the Commissioner of
Immigration shall decide that the likelihood no longer exists, or in
the event of the naturalization as a Philippine citizen or the death of
the alien in whose behalf the bond or deposit is given, the bond shall
be canceled or the sum deposited shall be returned to the depositor, or
his legal representative. In case of forfeiture, the proceeds of the
bond or the cash deposit, as the case may be, shall be deposited in the
Philippine Treasury by the Collector of Customs.
LEGALIZATION OF RESIDENCE OF
ALIENS
Section 41. (a) Any alien in
the Philippines at the time of the passage of this Act concerning whom
no record of admission for permanent residence exists or can be located
may apply to the Commissioner of Immigration for legalization of his
residence in the Philippines. The application shall be made in the form
and manner prescribed by regulations issued by the Commissioner. Any
alien in the Philippines, whose record of admission for permanent
residence does not exist or cannot be located and who shall fail to
legalize his residence in the Philippines as provided in this section,
shall be presumed to be unlawfully within the Philippines. 62
(b) If the Commissioner of Immigration finds that the
applicant —
(1) entered in the Philippines
prior to the effective date of this Act;
(2) has maintained a residence in
the Philippines since he entered;
(3) is a person of good moral
character; and
(4) is not subject to deportation
—
the Commissioner shall make a record in the Bureau of Immigration 63
that the applicant's residence in the Philippines has been legalized.
(c) An alien whose residence has been legalized in
accordance with the provisions of this section shall be deemed to have
lawfully admitted into the Philippines as of the date of his entry.
FEES 64
Section 42. (a) In addition to the documentary
stamp required by existing law, there shall be collected and paid into
the Philippine Treasury the following fees for services, as indicated,
for aliens seeking to enter or remain in the Philippines under the
provisions of this Act:
Old fees New fees
(1) Application for nonimmigrant
visa (P10.00) P30.00
(2) Passport visa for nonimmigrant
(20.00) 50.00
(3) Application for prearranged
employment visa (80.00) 100.00
and for each dependent (10.00) 30.00
(4) Application for special nonimmigrant
visa 50.00
(5) Application for non-preference
quota or non-quota visa (10.00)
50.00
(6) Application for preference
quota visa (40.00) 80.00
(7) Application for immigrant visa
(20.00) 50.00
(8) Certificate of residence 65
(50.00) 80.00
(9) Duplicate of certificate of
residence (40.00) 80.00
(10) Duplicate certificate of
legalization or residence (40.00)
80.00
(11) Identification certificate of
Philippine citizen (10.00) 100.00
(12) Reentry Permit or special
return certificate (20.00) 50.00 66
(13) Application for extension or
reentry (5.00) 20.00
(14) Extension of reentry permit or
special return certificate (20.00)
50.00
(15) Duplicate reentry permit or
special return (40.00) 50.00 67
(16) Certificate of arrival and
identity (10.00) 50.00
(17) Duplicate certificate of arrival
and identity 3000
(18) Emigration Clearance Certificate
(20.00) 50.00
(19) Duplicate emigration clearance
certificate 50.00
(20) All other certificates
(5.00) 10.00
(21) Alien crew list visa
(20.00) 50.00
(22) Filing of motion of appeal or
petition for rehearing
or reconsideration (10.00) 25.00
(23) Petition for amendment of
immigration document (10.00) 20.00
(24) For every month or a portion
thereof of extension of
temporary stay (10.00) 20.00
(25) For every year or portion
thereof of stay beyond two
years as nonimmigrant student
(50.00) 100.00
(26) Discharge of military personnel
in the Philippines for
temporary residence 50.00
(27) Petition for bond or request
for withdrawal of bond 50.00
(28) Petition for cancellation of
alien registration of documents
(10.00) 30.00
(29) Petition for change of status
from one nonimmigrant category to
another or change of employer
(10.00) 60.00
(30) Petition for approval of school
or course for nonimmigrant student 30.00
(31) Waiver of objection of prior
exclusion or deportation
under Sec. 29(a) 100.00
(32) Waver of objection of
exclusion under Sec. 29(b) 100.00
(33) Petition for permit to work
30.00
Provided, however, that all aliens admitted as religious missionaries
under this Decree shall be exempted from the payment of monthly
extension fees that are due from temporary visitors.
(b) No fee shall be charged for a passport visa
granted to a foreign government official or his family, attendants, and
household helpers, and employees, nor shall a fee be charged for a
passport visa for a nonimmigrant in transit to a destination outside
the Philippines. 68
REMOVAL OF INDIGENT ALIENS
Section 43. The Commissioner of Immigration
shall have the authority to remove either to their native country, or
to the country from whence they come, or to the country of which they
are citizens or subjects, at any time after entry, at the expense of
any appropriation available, such aliens as fall into distress or need
public aid from causes arising subsequent to their entry and are
desirous of being so removed,. but any person thus removed shall
forever be ineligible for readmission except; upon the authorization of
the Board of Commissioners obtained previous to embarkation for the
Philippines.
Section 44. (a) If any vessel or aircraft
arriving at a port of the Philippines from a place outside thereof 69
(l) Fails to submit to the immigration officials at
the port of arrival the crew lists, duly visaed, and passenger
manifests and other information required by regulations issued under
section thirty-two of this Act. 70
(2) Fails to produce or satisfactorily account for
every seaman or passenger whose name appears in such crew list or
passenger manifest — the pilot, master, agent, owner, or consignee of
the vessel or aircraft shall be subject to a fine of fifty pesos in the
case of each person concerning whom there such failure. 71
(b) If any vessel or aircraft arriving at a port in
the Philippines from a place outside thereof and having an alien on
board—
(1) Fails to prevent the landing of such alien in the
Philippines at any time place other than as designated by the
immigration officers; or
(2) Refuses or fails to pay the cost of maintenance
and other costs, as required by section thirty-five of this Act, of
such alien when temporarily removed from the vessels or aircraft for
examination by order of the immigration officers: or
(3) Refuses to receive such alien on board for
removal from the Philippines if he is excluded, or to pay the cost of
his removal, if by another vessel or aircraft, as required by section
thirty-six of this Act, or
(4) Makes any charge against such alien for the cost
referred to in clause (2) above, or for the cost of the removal of the
alien from the Philippines if he is excluded, or takes any security
from the alien for the payment of any such costs — the pilot master,
agent, owner or consignee of the vessel or aircraft shall be subject to
a fine of five hundred pesos for each and every violation of these
provisions in the case of each person concerning whom here is such
violation. 72
(c) If any vessel or aircraft arriving at a port in
the Philippines from a place outside thereof brings on board any alien
bound for the Philippines who is not properly documented as required by
this Act, the pilot, master, agent, owner or consignee of the vessel or
aircraft shall be subject to a fine of five hundred pesos in the case
of each person brought. 73
(d) Whenever the Commissioner of Immigration shall
find that there has been a violation of any of the foregoing provisions
of this section, the Commissioner of Immigration shall collect the fine
and may enforce through the Collector of Customs, its payment against
the vessel in the same manner as fines are collected and enforced
against vessels under the customs law. The fines shall be deposited in
the Philippine Treasury. No vessel shall be granted clearance pending
the determination of the questions of the liability to the payment of
such fine or while the fine remains unpaid, except upon deposit with
the Bureau of Immigration 74 of security sufficient to cover the fine .
75
(e) No action or proceeding for the enforcement of
any fine for any violation of the provisions of this section shall be
instituted more than five years after the violation is committed. 76
PENAL PROVISIONS
Section 45. Any individual who —
(a) When applying for an immigration document
personates another individual, or falsely appears in the name of
deceased individual, or evades the immigration laws by appearing under
an assumed or fictitious name; or
(b) Issues or otherwise disposes of an immigration
document to any person not authorized by law to receive such document;
or
(c) Obtains, accepts or uses any immigration
document, knowing it to be false; or
(d) Being an alien, enters the Philippines without
inspection and admission by the immigration officials, or obtains entry
into the Philippines by willful, false, or misleading representation or
willful concealment of a material 77
(e) Being an alien, shall for any fraudulent purpose
represent himself to be a Philippine citizen in order to evade any
requirement of the immigration laws: or
In any immigration matter shall knowingly make under
oath any false statement or representations; or
(g) Being an alien. shall depart from the Philippines
without first securing an emigration clearance certificates required by
section twenty-two-A of the Act or 78
(h) Attempts or conspires with another to commit any
of the foregoing acts shall be guilty of an offense, and upon
conviction thereof, shall be fined not more than one thousand pesos,
and imprisoned for not more than two years, and deported if he is an
alien. 79
Section 45-A. Persons duly served with subpoena or subpoena duces tecum
and who fail to comply with the requirements thereof shall, after
conviction, be imprisoned for not more than fifteen days or fined for
not more than one hundred pesos, or both. 80
Section 46. Any individual who shall bring into
or land in the Philippines or conceal, harbor, employ, or give comfort
to any alien not duly admitted by any immigration officer or not
lawfully entitled to enter or reside within the Philippines under the
terms of the immigration laws, or attempts, conspires with, or aids
another to commit any such act, and any alien who enters the
Philippines without inspection and admission by the immigration
officials, or obtains entry into the Philippines by willful, false, or
misleading representation or willful concealment of a material fact,
shall be guilty of an offense, and upon conviction thereof, shall be
fined not less than five thousand pesos but not more than ten thousand
pesos, imprisoned for not less than five years but not more than ten
years, and deported if he is an alien. Dismissal by the employer before
or after apprehension does not relieve the employer of the offense.
If the individual who brings into or lands in the Philippines or
conceals, harbors, employs or gives comfort to any alien not duly
admitted by any immigration officer or not lawfully entitled to enter
or reside herein, or who attempts, conspires with or aids another to
commit any such act, is the pilot, master, agent, owner, consignee, or
any person in charge of the vessel or aircraft which brought the alien
into the Philippines from any place outside thereof. the fine imposed
under the first paragraph hereof shall constitute a lien against the
vessel or aircraft and may be enforced in the same manner as fines are
collected and enforced against vessels under the customs laws:
Provided, however, That if the court shall in its discretion consider
forfeiture be justified by the circumstances of the case, it
shall order, in lieu of the fine imposed, the forfeiture of the vessel
or aircraft in favor of the Government without prejudice to the
imposition of the penalty of imprisonment provided in the preceding
paragraph. 81
Section 46-A. The pilot, master, agent, owner, consignee, or any person
in charge of a vessel or aircraft which carries passenger into the
Philippines from abroad, is prohibited from allowing the passengers to
disembark therefrom, unless all the passengers thereof have been
checked up by the Commissioner of Immigration or his authorized
representatives. A violation of the provisions hereof shall, upon
conviction, be punishable by a fine of not more than one thousand pesos
and by an imprisonment of not more than six months. If the offender is
the owner of the vessel or aircraft the fine imposed herein shall be
five thousand pesos. 82
SPECIAL PROVISIONS
Section 47. Notwithstanding the provisions of
this Act, the President is authorized —
(a) When the public interest so warrants —
(l) To waive the documentary requirements for any
class of nonimmigrants, under such conditions as he may impose;
(2) To admit, as nonimmigrants, aliens not otherwise
provided for by this Act, who are coming for temporary period only,
under such conditions as he may prescribe
(3) To waive the passport requirements for
immigrants, under such conditions as he may prescribe;
(4) To reduce or to abolish the passport visa fees in
the case of any class of nonimmigrants who are nationals of countries
which grant similar concessions to Philippine citizens of a similar
class visiting such countries;
(5) To suspend the entry of aliens into the
Philippines from any country in which cholera or other infectious or
contagious disease is prevalent;
(b) For humanitarian reasons, and when not opposed to
the public interest, to admit aliens who are refugees for religious,
political, or racial reasons, in such classes of cases and under such
conditions as he may prescribe.
FOREIGN GOVERNMENT OFFICIALS
Section 48. Nothing in this Act shall be construed to apply to an
official of a recognized foreign government who is coming on the
business of his government, nor to his family, attendants, servants,
and employees, except that they shall be in possession of passports or
other credentials shoving their official status, duly visaed by
Philippine diplomatic officials abroad, unless the President orders
otherwise, and that their names shall appear on the passenger lists of
transporting vessels required by section 32 of this Act, and further,
that any alien admitted in the status of attendant, servant, or
employee of a foreign government official who fails to maintain such
status, shall be deported under the procedure prescribed by section 37
of this Act. 83
APPROPRIATION FOR ENFORCEMENT OF
ACT
Section 49. All sums available for the payment
of the salaries of the officers and employees of the Immigration
Division under the Department of Labor and for the sundry expenses for
said Immigration Division for the fiscal year ending June thirtieth,
nineteen hundred and forty, are made available for carrying out the
provisions of this Act; and there is appropriated, out of any funds in
the Philippine Treasury not otherwise appropriated, the additional
amount of one hundred fifty thousand pesos or such thereof as may be
necessary for the purpose of carrying out the provisions of this Act
during the fiscal year ending June thirtieth, nineteen hundred and
forty-one: Provided, That appropriations for the Bureau of immigration
84 for subsequent fiscal years shall be included in the annual general
appropriation acts.
GENERAL DEFINITIONS
Section 50. As used in this Act —
(a) The term "Philippines" means all the territory
and waters subject to the jurisdiction of the Government of the
Philippines.
(b) The term "alien" means any person not a citizen
of the Philippines.
(c) Except for the period covered by section 55, the
term "consular officer" means any official acting for the Government of
the Philippines, designated by the President for the purpose of issuing
visas to aliens as required of aliens by this Act.
(d) The term "unmarried" when used in reference to an
individual as of any time, means an individual who at such time is not
married, whether or not previously married.
(e) The terms "child," "father," and "mother," do not
include a child or parent by adoption unless the adoption took place
before May 1, 1939.
The terms "wife" and "husband" do not include a wife
or husband by reason of a proxy or picture marriage taking place after
the effective date of this Act.
(g) The word "person" shall be construed to import
both the plural and the singular, as the case may be, and shall include
partnerships, corporations, companies, and associations. When
construing and enforcing the provisions of this Act, the act, omission,
or failure of any director, officer, agent, or employee of any
partnership, corporation, company, or association acting within the
scope of his employment or office shall, in every case, be deemed the
act, omission, or failure of such partnership, corporation, company, or
association.
(h) The term "vessel" shall include civil aircraft as
well as water craft.
(i) The term "seaman" means a person serving in any
capacity on board a vessel or civil aircraft.
(j) The term "immigrant" means any alien departing
from any place outside the Philippines destined for the Philippines,
other than a nonimmigrant.
(k) The term "immigration laws" shall mean this Act
and any other law hereafter enacted relating to the entry of aliens
into the Philippines, and their exclusion, deportation, and
repatriation therefrom.
(l) The words "the President" refer to the President
of the Philippines.
EFFECTIVE DATE OF ACT
Section 51. When this Act shall have been approved by the President of
the United States, such fact shall be made known by proclamation of the
President of the Philippines and this Act shall take effect on the one
hundred and twentieth day after the date of such proclamation:
Provided, however, That the provisions of this Act creating the Bureau
of Immigration 85 and appropriating funds for its support and
maintenance shall take effect on the date of the proclamation
above-referred to, announcing the approval of this Act by the President
of the United States.
REPEAL OF EXISTING LAWS
Section 52. This Act is in substitution for and
supersedes all previous laws relating to the entry of aliens into the
Philippines, and their exclusion, deportation, and repatriation
therefrom, with the exception of section sixty-nine of Act Numbered
Twenty-seven hundred and eleven which shall continue in force and
effect: Provided, That nothing contained in this Act shall be construed
to affect any prosecution, suit, action, or proceedings brought, or any
act, thing, or matter, civil or criminal, done or existing at the time
of the taking effect of this Act; but as to all such prosecutions,
suits, actions, proceedings, acts, thing, or matters, the laws or parts
of laws repealed or amended by this Act are continued in force and
effect: And provided, further, That as to such prosecutions, actions,
suits, or proceedings or as to such acts, things, or matters, the
procedure provided for by this Act or by the regulations prescribed
thereunder shall be followed in so far as the same may be applicable.
ABOLITION OF DIVISION OF
IMMIGRATION
Section 53. The Division of Immigration of the
Department of Labor is abolished and its functions, duties and
activities, together with its appropriations, records, equipment, and
other properties are transferred to the Bureau of Immigration herein
created and the President is authorized to make the necessary
adjustments incidental to such transfer conformably to the provisions
of this Act.
GENERAL RESERVATIONS
Section 54. 86
Approved: August 26, 1940.
Footnotes
* As amended by RA 118, RA 135, RA 144, RA
503, RA 749, RA 827, RA 1901, RA 4376, RA 5171, RA 5701 and PD 524.
1. Now Commission on Immigration and
Deportation.
2. Now Associate Commissioner of Immigration.
3. Id.
4. Now Commission on Immigration and
Deportation.
5. Now Department of Justice.
6. Appointments extended by the President no
longer requires the consent of any Body.
7. See PD 847, promulgated December 16, 1975.
8. Now Commission on Immigration and
Deportation.
9. Now Associate Commissioners of Immigration.
10. There is no more Commission on Appointments.
11. Now Associate Commissioner of Immigration.
12. See PD 847, promulgated December 16, 1975.
13. See PD 847, promulgated December 16, 1975.
14. Now Associate Commissioner of Immigration.
15. Now Associate Commissioner of Immigration.
16. Id.
17. Id.
18. Id.
19. Now Immigration Officer.
20. Id.
21. Deletion of the words in brackets in the text
immediately following are amendments introduced by RA 503, section 1,
approved June 12, 1950. Statutory History of section 5 (a)
Original text—
(a) The position of Immigrant
Inspectors is created, appointments to which shall be made upon the
recommendation of the Commissioner of Immigration in accordance with
the Civil Service laws. [Immigrant Inspectors shall receive a salary
the maximum of which shall not be more than three thousand six hundred
pesos per annum.] (Ed. Note: Words in brackets were deleted in RA 503
supra.)
22. Now Immigration Officer.
23. Id.
24. Id.
25. Id.
26. Id.
27. Id.
28. Id.
29. Words in bold in the text above are amendments
introduced by RA 144, section 1, approved June 14, 1947.
Statutory History of section 6:
Original text — The original provisions of section
6, being similar to the amended provisions supra, except for the words
in bold, are not reproduced here.
30. Now Commission on Immigration and Deportation.
31. See PD 985.
32. Inserted by RA 503, section 2, approved June 12,
1950.
33. Now Associate commissioners of Immigration.
34. As amended by RA 503, section 3, approved June
12, 1950. See footnote 38 infra, for Statutory History of section 9.
35. .Words in bold in the text above are amendments
introduced by RA 5171, section 1, approved August 4, 1967 to section
9(d). See footnote 38 infra, for Statutory History of section 9.
36. See Article 40-42, PD 442 (Labor Code)
promulgated May 1, 1974.
37. Now Commission on Immigration and Deportation.
38. Words in bold in the text of paragraphs (e) to
(g) above are amendments introduced by RA 503, section 3, approved June
12, 1950.
Statutory History of section 9:
a) Original text —
Sec. 9.
Aliens departing from any place outside the Philippines, [destined for
the Philippines ] who are otherwise admissible and who qualify within
one of the following categories may be admitted as nonimmigrants:
(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) [A person seeking] to enter
the Philippines solely to carry on trade between the Philippines and
the foreign state of which he is a national, 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 under similar conditions are accorded like privileges in
the foreign state of which such person is a national;]
(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; and]
A student, having means
sufficient for his education and support in the Philippines, who is at
least [fifteen] years of age and who seeks to enter the Philippines
temporarily and solely for the purpose of study at a school [or other
institutions of learning] approved for such alien students by the
Commissioner of Immigration. (Ed. Note: Words in brackets were deleted
in RA 503, supra.) b) Words in bold in the text immediately following
are amendments introduced by RA 503, section 3, approved June 12, 1950
to paragraph (d). (Ed. Note: The provisions of the first paragraph and
paragraphs (e), (f), and (g) as amended by RA 503, being the latest
amendment thereto are reproduced in the text above).
(g) An alien entitled to enter
the Philippines solely to carry on trade between the Philippines and
the foreign state of which he is a national [under and in pursuance of
the provisions of a treaty of commerce and navigation] and his wife,
and his unmarried children under twenty-one years of age, if
accompanying or following to join him; (Ed. Note: Words in brackets
were deleted in RA 5171, supra.)
RA 1393, section 1, approved August 29, 1955,
provides:
"Upon a basis of reciprocity, a
national of the United States and the spouse and children of any such
national, if accompanying or following to join him, may, if otherwise
eligible for a visa and if otherwise admissible under Common wealth Act
Numbered Six hundred thirteen, otherwise known as the Philippine
Immigration Act of Nineteen hundred forty, as amended, be considered to
be classifiable as a non-immigrant under section nine (d) of said Act
if entering (a) solely to carry on substantial trade principally
between the Philippines and the United States, or (b) solely to develop
and direct the operation of an enterprise in which he has invested, or
of an enterprise in which he is actively in the process of investing, a
substantial amount of capital." See also PD 639, section 2, promulgated
January 21, 1975, granting scholars, trainees, participants, students,
fellows or professors under the auspices of the Asian Institute of
Management special nonimmigrant status and exemption from payment of
visa and immigration fees.
39. Words in bold in the text above are amendments
introduced by RA 503, section 4, approved June 12, 1950.
Statutory History of section 10.
Original text
Section 10. 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 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;
(b) A seaman qualifying as such
under section 9 (c) of this Act; and
[(c) A returning resident, as
referred to in section nine hereof, presenting a Reentry Permit as
provided for in section twenty-two of this Act.] (Ed. Note: Words in
brackets were deleted in RA 503. supra.)
40. Words in bold in the text above are amendments
introduced by RA 503, section 5 approved June 12, 19 50.
Statutory History of section 13:
Original text —
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 [five hundred]
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:
(a) [An alien coming to
prearranged employment, 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 two
years from the date of his admission into the Philippines as an
immigrant under this paragraph,]
(b) 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;
(c) A child of alien parents born
during the temporary visit abroad of the mother, the mother having been
previously lawfully admitted into the Philip- pines 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;
(d) A child born subsequent to
the issuance of the immigration visa of the accompanying parent, the
visa not having expired,
(e) A woman who was a citizen of
the Philippines and who lost her citizen- ship 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,
(f) The wife or the husband or
the unmarried child under twenty-one years of age, of an alien lawfully
admitted into the Philippines for permanent residence prior to the date
on which this Act becomes effective and who is resident therein, if
such wife, husband, or child applies for admission within a period of
two years following the date on which this Act becomes effective.] (Ed.
Note: Words in brackets were deleted in RA 503, supra.)
41. Inserted by RA 4376, section 1, approved June 19,
1965.
CA 733, section 2, approved July
3, 1946, provides that a citizen of the United States who resided in
the Philippines for three months within the period of forty-two months
prior to November 30, 1941, shall be considered a non-quota immigrant
and a permanent resident.
42. Words in bold in the text above are amendments
introduced by RA 503, section 6, approved June 12, 1950.
Statutory History of section 15:
Original text —
Section 15. Immigrants 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 immigration visas issued by consular officers, except that
children born subsequent to the issuance of the immigration visa [of an
accompanying parent the visa not having expired, shall not be subject
to these documentary requirements. (Ed. Note: Words in brackets were
deleted in-RA 503, supra.)
43. Words in bold in the text above are amendments
introduced by RA 503, section 7 approved June 12, 1950.
Statutory History of section 20 (a):
Original text
Sec. 20. (a) [A non-quota
immigration visa for an immigrant referred to in section thirteen (a)]
of this Act who is coming to prearranged employment shall not be issued
by a consular officer until the consular officer shall have received
authorization for the issuance of the visa. Such authorization shall be
given only on petition filed with the Commissioner of Immigration
establishing that no person can be found in the Philippines willing and
competent to perform the labor or service for which the [immigrant] is
desired and that the [immigrant's] admission would be beneficial to the
public interest. The petition shall be made under oath, in the form and
manner prescribed by regulations, by the prospective employer or his
representative. The petition shall state fully the nature of the labor
or service for which the [immigrant] is desired, the probable length of
time for which he is to be engaged, the wages and other compensation
which he is to receive, the reasons why a person in the Philippines
cannot be engaged to per- form the labor or service for which the
[immigrant] is desired and why the [immigrants] admission would be
beneficial to the public interest. The petition shall be accompanied by
a certified copy of any written contract or agreement entered into for
the immigrant's service and shall contain such additional information
as may be deemed material. Substantiation of [any] allegation made in
the petition [may] be required. (Ed. Note: Words in brackets were
deleted in RA 503, supra.) See also articles 4042, PD 442 (Labor Code)
promulgated May 1, 1974.
44. Inserted by RA 503, section 8, approved June 12
1950.
45. Now Commission on Immigration and Deportation.
46. Inserted by RA 144, section 2, approve June 14,
1947.
47. Words in bold in the text above are amendments
introduced by RA 503, section 9, approved June 12, 1950.
Statutory History of section 27 (b) and (c).
Original text — The original provisions of section
27 (b) and (c), being similar to the amended provisions supra, except
for the words in bold, are not reproduced here.
48. Now Commission on Immigration and Deportation.
49. Words in bold in the text above are amendments
introduced by RA 503, section, approved June 12, 1950.
Statutory History of section 29 (14):
Original text —
(14) Persons coming to perform
unskilled manual labor in pursuance of a promise or offer of
employment, express or implied, but this provision shall not apply to
persons bearing [non-quota immigration visas authorized by section
twenty of this Act. (Ed. Note: Words in brackets were deleted in RA
503, supra.
50. Words in bold in the text above are amendments
introduced by RA 503, section 10 approved June 12, 1950.
Statutory History of section 29 (15):
Original text —
(15) Persons who [within one year
prior to the date of application for admission] have been excluded or
deported from the Philippines, but this provision may be waived in the
discretion of the Commissioner of Immigration; (Ed. Note: Words in
brackets were deleted in RA 503, supra.)
51. Words in bold in the text above are amendments
introduced by RA 749, section 1, approved June 18, 1952.
Statutory History of section 31.
Original text
Sec. 31. A tax of [sixteen]
pesos shall be collected for every alien over sixteen years of age
admitted into the Philippines for a stay exceeding sixty days. The tax
shall be paid to the Collector of Customs at the port to which the
alien shall come, by the master, agent, owner or consignee of the
vessel bringing said alien to the Philippines, or by the alien himself
where collection from the master, agent, owner, or consignee of the
vessel shall be impracticable. The tax imposed by this section shall be
lien on the vessel and shall be a debt in favor of the Government of
the Philippines against the owner or owners of the vessel, and payment
thereof may be enforced by any legal remedy. (Ed. Note: Word in
brackets was deleted in RA 749, supra.)
52. Inserted by RA 503, section 11, approved June 12,
1950.
53. Word in bold in the text above is an amendment
introduced by RA 503, section 12, approved June 12, 1950.
Statutory History of section 35.
Original text —
Sec. 35. The cost of
maintenance while on land, medical treatment in hospital or elsewhere,
burial in event of death, and transfer to the vessel in the event of
[deportation] of any alien brought to the Philippines and temporarily
removed from the vessel for examination by order of the immigration
officers, shall be borne by the owner or owners of the vessel on which
the alien came. (Ed. Note: Word in brackets was deleted in RA 503.
supra.)
54. Words in bold in the text above are amendments
introduced by RA 503, section 12, approved June 12, 1950.
Statutory History of section 36:
Original text —
Sec. 36. An alien brought to
the Philippines who is excluded shall be immediately sent back, in
accommodations of the same class in which he arrived, to the country
whence he came, on the vessel bringing him, unless in the opinion of
the Commissioner of Immigration, immediate [deportation] is not
practicable or proper. The expense of the return of such an alien shall
be borne by the owner or owners of such vessel. If the Commissioner of
Immigration finds that immediate [deportation] is not practicable or
proper, or if the vessel by which the excluded alien came has left the
Philippines and it is impracticable for any reason to [deport] the
alien within a reasonable time by another vessel owned by the same
interests, the cost of [deportation] may be paid by the Government and
recovered from the owner, agent, or consignee of the vessel. Where
return to the country whence the excluded alien came cannot for any
reason be effected, the Commissioner of Immigration may direct the
alien's removal to the country of his nativity or of which he is a
national, and the cost of such removal, if removal by the vessel on
which he came or by another vessel owned by the same interests cannot
be accomplished within a reasonable time, shall likewise be at the
expense of the [owner] or owners of such vessel. (Ed. Note Words in
brackets were deleted in RA 503, supra.)
55. Words in bold in the text above are amendments
introduced by RA 503, section 13, approved June 12, 1950.
Statutory History of section 37 (a) (1):
Original text — The original provisions of section
37 (a)(1), being similar to the amended provisions supra, except for
the words in bold, are not reproduced here.
56. Deletion of the words in brackets in the original
text, infra, are amendments introduced by RA 503, section 13, approved
June 12, 1950 to section 37 (a) (4).
Statutory History of section 37 (a) (4):
Original text
(4) Any alien who is convicted
and sentenced for a violation of the law governing [traffic in]
prohibited drugs. See RA 6425 (Dangerous Drug Act).
57. Subsection (9) was inserted by RA 144, section 3,
approved June 14, 1947.
58. Now RA 562.
59. Subsections (10) to (13) were inserted by RA 503,
section 13, approved June 12, 1950
60. Word and figures in bold in the text above are
amendments introduced by RA 503, section 13, approved June 12, 1950.
Statutory History of section 37 (paragraph b):
Original text — The original provisions of section
37(b) being similar to the amended provisions supra, except for the
words in bold, are not reproduced here.
61. Now Commission on Immigration and Deportation.
62. Deletion of the words in brackets in the text
below are amendments introduced by RA 503, section 14, approved June
12, 1950.
Statutory History of section 41 (a):
Original text —
Sec. 41. (a) Any alien in the
Philippines at the time of the passage of this Act concerning whom no
record of admission for permanent residence exists or can be located
may apply to the Commissioner of Immigration for legalization of his
residence in the Philippines. [The application shall be made in the
form and manner prescribed by regulations issued by the Commissioner.
[The application must be made within one year after the effective date
of this Act, except that if the Commissioner is satisfied that the
alien for justifiable reasons has failed to apply within the period of
one year, he may accept the alien's application at any time after the
date when this Act becomes effective: Provided, however That] any alien
in the Philippines, whose record of admission for permanent residence
does not exist or cannot be located and who shall fail to legalize his
residence in the Philippines as provided in this section shall be
presumed to be unlawfully within the Philippines.
63. Now Commission on Immigration and Deportation.
64. In addition to the fees enumerated in this
section, an additional legal research fee is required by RA 3870,
section 4, approved June 15, 1964.
65. As amended by RA 118, section 1, approved June 7,
1947. This item was not included when section 42(a) was amended by RA
135, section 1, but when the same paragraph was amended by RA 749,
Sec. 2, this item was incorporated. See footnote 68, infra, for
Statutory History of section 42 (a).
66. Items (3) and (12) now (12) and (15) were
expressly repealed by RA 503, section 15, but when paragraph (a) was
amended by RA 749. Sec. 2 on June 18, 1952 and by RA 1901. Section 1, on June 22, 1957, these two items were included. See footnote 68
infra, for Statutory History of section 42(a)
67. See footnote No. 66, supra. RA 503, section 15,
inserted item "(12) Visa for Alien—20.00" but this item was not
included in subsequent amendments to paragraph (a) i.e. RA 749 and RA
1901. See footnote 68 infra, for Statutory History of Sec. 42(a).
68. Words in bold in the text above are amendments
introduced by PD 524, section 1 promulgated July 31, 1974.
Statutory History of section 42 (a):
a) Original text —
Sec. 42. (a) In addition to the
documentary stamp required by existing law there shall be collected and
paid into the Philippine Treasury the following fees for services, as
indicated, for aliens seeking to enter the Philippines under the
provisions of this Act:
Pesos
(1) Executing application for passport visa for
nonimmigrant [Gratis]
(2) Passport visa for nonimmigrant
[10.00]
(3) Reentry permit [5.00]
Provided, however, That upon payment of a fee of
[P10] a resident alien may use his reentry permit, during a period of
one year, regardless of the number of trips made by him to and from
foreign ports.
(4) Extension of reentry permit
[3.00]
(5) Executing application for
immigration visa [Gratis]
(6) Immigration visa [10.00]
(7) Legalization of residence
[10.00]
(8) Petition for preference quota
status [3.00]
(9) Petition for non-quota status for
immigrant coming to
prearranged employment [10.00]
[(10) Certificate of residence
10.00]
(11) Duplicate certificate of
residence [20.00]
Provided, however, That any alien who shall fail to
legalize his residence within the period of one year provided in
section 41(a) of this Act, but whose application will have been
accepted by the Commissioner of Immigration after the lapse of one
year, shall pay for the legalization of his residence the sum of
[twenty] pesos.
(b) No fee
shall be charged for a passport visa granted to a foreign government
official or his family, attendants, servants, and employees, nor shall
a fee be charged for a passport visa for a nonimmigrant in transit to a
destination outside the Philippines. (Ed. Note: Word and figures in
brackets were deleted in RA 1901, supra )
(b) Word 2nd figures in bold in
the text immediately following are amendments introduced by RA 135,
section 1, approved June 14, 1947.
Sec. 42. (a) In addition to
the documentary stamp required by existing law, there shall be
collected and paid into the Philippine Treasury the following fees for
services, as indicated, for aliens seeking to enter the Philippines
under the provisions of this Act:
(1) Executing application for passport
visa for nonimmigrant P5.00
(2) Passport visa for nonimmigrant
20.00
(3) Reentry permit 20.00
[Provided, however, That upon payment of a fee of
P40.00, a resident alien may use his reentry permit, during a period of
one year, regardless of the number of trips made by him to and from
foreign ports]
(4) Extension of reentry permit
[P10.00]
(5) Executing application for immigration
visa [5.00]
(6) Immigration visa 20.00
(7) Legalization of residence 50.00
(8) Petition for preference quota
status [10.00]
(9) Petition for [nonquota status]
for [immigrant] coming to
prearranged employment [20.00]
(10) Duplicate certificate of
residence 40.00
(11) Duplicate reentry permit 40.00
[Provided, however, That any alien who shall fail to
legalize his residence within the period of one year provided in
section 41(a) of this Act, but whose application will have been
accepted by the Commissioner of Immigration after the lapse of one year
shall pay for the legalization of his residence the sum of sixty
pesos.] (Ed. Note: Words and figures in brackets were deleted in RA
749, infra.)
(c) words in bold in the text
immediately following are amendments introduced by RA 749, section 2,
approved June 18, 1952.
Sec. 42. (a)
In addition to the documentary stamp required by existing law, there
shall be collected and paid into the Philippine Treasury the following
fees for services, as indicated, for aliens seeking to enter or remain
in the Philippines under the provisions of this Act:
(1) Executing application for passport
visa for nonimmigrant P10.00
(2) Passport visa for nonimmigrant
20.00
[(3) Reentry permit 20.00]
(4) Extension of reentry permit
20.00
(5) Executing application for immigration
visa 10.00
(6) Immigration visa 20.00
(7) Legalization of residence 50.00
(8) Petition for preference quota status
40.00
(9) Petition for visa for nonimmigrant
coming to prearranged employment
80.00
(10) Certificate of residence
P50.00
(11) Duplicate certificate of residence
40.00
[(12) Duplicate reentry permit
40.00]
(13) Duplicate certificate of legalization
of residence 40.00
(14) Sworn application for extension
of reentry permit 5.00
(15) Filing of notice of appeal or petition
for rehearing or reconsideration
10.00
(16) Petition for amendment or
cancellation of alien registration or
immigration documents 10.00
(17) For every month of extension
of temporary stay 10.00
(18) For every year, or fraction thereof
of stay beyond two years as
nonimmigrant student 50.00
(19) Certificate of arrival or
identity 10.00
(20) All other certificates 10.00
Provided, however, That all aliens residing in the
Philippines, who are four-teen years of age or over and who are
entitled to consideration as permanent residents therein, excepting
those who are already holders of certificates of legalization of
residence, certificates of residence, or any other similar document
issued pursuant to the provisions of this Act, shall apply for and
secure their certificates of residence within six months after approval
hereof, or in the case of those who are admitted into the Philippines
subsequently thereto, within thirty days after such admission.
Provided, furthermore, That all aliens admitted for
temporary stay in the Philippines, who have been staying therein for
more than six months, within sixty days from approval hereof, shall
apply for and secure their certificates or residence which shall be
surrendered to the immigration authorities prior to departure from the
Philippines of the holders thereof. (Ed. Note: Words in brackets were
deleted in RA 1901, supra.) Words in bold in the text immediately
following are amendments introduced by RA 1901, section 1, approved
June 22, 1957.
Sec. 42. (a)
In addition to the documentary stamp required by existing law, there
shall be collected and paid into the Philippines Treasury the following
fees for services, as indicated, for aliens seeking to enter or remain
in the Philippines under the provisions of this Act:
(1) [Executing] application for passport
and visa for nonimmigrant [P10.00]
(2) Passport visa for nonimmigrant
[20.00]
(3) Reentry permit [20.00]
(4) Extension of reentry permit
[20.00]
(5) [Executing application for immigration
visa] [10.00]
(6) Immigration visa [20.00]
(7) Legalization of residence
[50.00]
(8) [Petition for] preference quota
[status] [40.00]
(9) [Petition for visa for nonimmigrant
coming to] prearranged employment
[80.00]
(10) Certificate of residence
[50.00]
(11) Duplicate certificate of
residence [40.00]
(12) Duplicate reentry permit
[40.00]
(13) Duplicate certificate of legalization
of residence [40.00]
(14) Sworn application for extension
of reentry permit [ 5.00]
(15) Filing of notice of appeal
or petition for rehearing or
reconsideration [10.00]
(16) Petition for amendment or
cancellation of alien registration
or immigration documents [10.00]
(17) For every month of extension
of temporary stay [10.00]
(18) For every year, or fraction thereof,
of stay beyond two years as
nonimmigrant student [50.00]
(19) Certificate of arrival or identity
[10.00]
(20) All other certificates [5.00]
Provided, however, That all aliens residing in the
Philippines, who are four-teen years of age or over and who are
entitled to consideration as permanent residents therein, excepting
those who are already holders of certificates of legalization of
residence, certificates of residence or any other similar document
issued pursuant to the provisions of this Act, shall apply for and
secure their certificates of residence within six months after approval
hereof, or in the case of those who are admitted into the Philippines
subsequently thereto, within thirty days after such admission.
Provided, furthermore, that all aliens admitted for
temporary stay in the Philippines, who have been staying therein for
more than six months, within sixty days from approval hereof, shall
apply for and secure their certificates of residence which shall be
surrendered to the immigration authorities prior to departure from the
Philippines of the holders thereof.
Provided, further still, That all aliens admitted to
"prearranged employment" under section nine (g) of this Act, but
engaged exclusively in religious or educational work, shall be exempted
from the payment of the monthly fee of ten pesos for every month of
extension of temporary stay.
(b) No fee
shall be charged for a passport visa granted to a foreign government
official or his family, attendants, servants, and employees, nor shall
a fee be charged for a passport visa for a nonimmigrant in transit to a
destination outside the Philippines.
(c) A fee of
twenty pesos shall be charged for the issuance of an emigration
clearance certificate to an alien in the Philippines who departs for
temporary or permanent residence abroad. (Ed. Note: Words in brackets
were deleted in PD 524, supra.)
69. Words in bold in the text above are amendments
introduced by RA 144 Section ; approved June 14, 1947. See footnote 62
for Statutory History of section 44 (a).
70. Words in bold in the text above are amendments
introduced by RA 503, section 16 approved June 12, 1950. See footnote
76 for Statutory History of section 44 (a).
71. Words in bold in the text above are amendments
introduced by RA 144 section 5. approved June 14, 1947. See footnote 76
for Statutory History of section 44 (a).
72. Id.
73. Id.
74. Now Commission on Immigration and Deportation.
75. Words in bold in the text above are amendments
introduced by RA 144. Sec. 5 approved June 14, 1947. See footnote
76, for Statutory History of section 44. Originally paragraph (c),
redesignated by RA 503. section 16, approved June 12, 1950. The
original paragraph (d) was redesignated as section 46-A, infra.
76. Originally paragraph (f), redesignated by RA 503,
section 15, approved June 12, 1950. Words in bold in the text above are
amendments introduced by RA 144, section 5, approved June 14, 1947.
Statutory History of section 44.
Original text—
Sec. 44. (a)
If any vessel arriving at a port of the Philippines from a place
outside thereof—
(1) Fails to
submit to the immigration officials at the port of arrival the crew
lists and passenger manifests and other information required by
regulations issued under section thirty-two of this Act, or
(2) Fails to
produce or satisfactorily account for every seaman or passenger whose
name appears in such crew list or passenger manifest — the master,
agent, owner or consignee of the vessel shall be subject to a fine of
fifty pesos in the case of each person concerning whom there is such
failure.
(b) If any
vessel arriving at a port in the Philippines from a place outside
thereof and having an alien on board—
(1) Fails to
prevent the landing of such alien in the Philippines at any time or
place other than as designated by the immigration officers; or
(2) Refuses or
fails to pay the cost of maintenance and other costs, as required by
section thirty-five of this Act, of such alien when temporarily removed
from the vessel for examination by order of the immigration officers; or
(3) Refuses to
receive such alien on board for removal from the Philippines if he is
excluded, or to pay the cost of his removal if by another vessel, as
required by section thirty-six of this Act, or
(4) Makes any
charge against such alien for the cost referred to in clause (2) above,
or for the cost of the removal of the alien from the Philippines if he
is excluded, or takes any security from the alien for the payment of
any such costs — the master agent, owner, or consignee of the vessel
shall be subject to a fine of five hundred pesos for each and every
violation of these provisions in the case of each person concerning
whom there is such violation.
(c) Whenever
the Commissioner of Immigration shall find that there has been a
violation of any of the foregoing provisions of this section, the
[Collector of Customs] shall collect the fine and may enforce its
payment against the vessel in the same manner as fines are collected
and enforced against vessels under the customs laws. The fines shall be
deposited in the Philippine Treasury. No vessel shall be granted
clearance pending the determination of the question of the liability to
the payment of such fine or while the fine remains unpaid, except upon
deposit with the [Collector of Customs] of security sufficient to cover
the fine.
(d) No
[prosecution] or proceeding for the enforcement of any [penalty] for
any violation of the provisions of this section shall be instituted
more than five years after the violation is committed. (Ed. Note: Words
in brackets were deleted in RA 144, supra.)
77. Words in bold in the text above are amendments
introduced by RA 144, section 6, approved June 14, 1947.
Statutory History of section 45 (d).
Original text
(d) being an
alien, enters the Philippines [at any time or place other than as
designated] by the immigration officials, or obtains entry into the
Philippines by willful, false, or misleading representation or willful
concealment of a material fact; or (Ed. Note: Words in brackets were
deleted in RA 144, supra.)
78. inserted by RA 144, section 6, approved June 14,
1947.
79. Originally paragraph (g) redesignated and amended
by RA 144. Words in bold in the text above are amendments introduced by
RA 144, section 6 approved June 14, 1947.
Statutory History of section 45 (g):
Original text —
[(g)] attempts
or conspires with another to commit any of the foregoing acts — shall
be guilty of an offense, and upon conviction thereof, shall be fined
not more than one thousand pesos [or] imprisoned for not more than two
years, [or both] (Ed. Note: Words in brackets were deleted in RA 144,
supra.)
80. Inserted by RA 503, section 17, approved June 12,
1950.
81. Words in bold in the text above are amendments
introduced by RA 5701, section approved June 21, 1969.
Statutory History of section 46:
(a) Original text —
Sec. 46. Any
individual who shall bring into or land in the Philippines conceal or
harbor any alien not duly admitted by an immigration officer or not
lawfully entitled to enter or reside within the Philippines under the
terms of the immigration laws or attempts, conspires with, or aids
another to commit any such act, shall be guilty of an offense, and upon
conviction thereof, shall be fined not more than [one] thousand pesos,
[or] imprisoned for not more than [two] years [or both] (Ed. Note:
Words in brackets were deleted in RA 144, infra.)
b) Words in bold in the text
immediately following are amendments introduced by RA 144, section 7,
approved June 14, 1947.
Sec. 46. Any
individual who shall bring into or land in the Philippines conceal or
harbor any alien not duly admitted by an immigration officer or not
lawfully entitled to enter or reside within the Philippines under the
terms of the immigration laws or attempts, conspires with, or aids
another to commit any such act, shall be guilty of an offense, and upon
conviction thereof, shall be fined not more than [one] thousand pesos,
[and] imprisoned for not more than [two] years, and deported if
he is an alien. (Ed. Note: Words in brackets were deleted in RA 827,
infra.
c) Words in bold in the text immediately following
are amendments introduced by RA 827, section 1, approved August 14,
1952.
Sec. 46. Any
individual who shall bring into or land in the Philippines or conceal
[or] harbor any alien not duly admitted by any immigration officer or
not lawfully entitled to enter or reside within the Philippines under
the terms of the immigration laws, or attempts, conspires with, or aids
another to commit any such act, and any alien who enters the
Philippines without inspection and admission by the immigration
officials, or obtains entry into the Philippines by willful, false, or
misleading representation or willful concealment of a material fact,
shall be guilty of an offense, and upon conviction thereof, shall be
fined not more than ten thousand pesos, imprisoned for not more than
ten years, and deported if he is an alien.
If the individual who brings into
or lands in the Philippines or conceals or harbors any alien not duly
admitted by any immigration officer or not lawfully entitled to enter
or reside herein, or who attempts, conspires with or aids another to
commit any such act is the pilot, master, agent, owner, consignee, or
any person in charge of the vessel or aircraft which brought the alien
into the Philippines from any place outside thereof, the fine imposed
under the first paragraph hereof shall constitute a lien against the
vessel or aircraft and may be enforced in the same manner as fines are
collected and enforced against vessels under the customs laws Provided,
however, That if the court shall in its discretion consider forfeiture
to be justified by the circumstances of the case, it shall order, in
lieu of the fine imposed, the forfeiture of the vessel or aircraft in
favor of the Government, without prejudice to the imposition of the
penalty of imprisonment provided in the preceding paragraph.
82. Originally section 44(d) which was inserted by RA
144, section 5, but was re- numbered by RA 503. section 16, approved
June 12, 1950.
83. Words in bold in the text above are amendments
introduced by RA 503, section 18, approved June 12, 1950.
Statutory History of section 48:
Original text — The original provisions of section
48, being similar to the amended provisions supra, except for the words
in bold, are not reproduced here.
84. Now Commission on Immigration and Deportation.
85. Footnote reference and footnote text are not
found in the original copy..
86. Repealed by RA 503, section 19, approved June 12,
1950.
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