Section 1.
Paragraph (a) of section five of Commonwealth Act Numbered Six hundred
and thirteen is hereby amended to read as follows:
"(a) The position of Immigrant Inspector is created,
appointments to which shall be made upon the recommendation of the
Commissioner of Immigration in accordance with the Civil Service Laws."
Sec. 2. The same Act is amended by inserting
between sections seven and eight thereof a new section with the title
"Assignment of Immigration Employees to Overtime Work," to be known as
section seven-A, which shall read as follows:
"ASSIGNMENT OF IMMIGRATION EMPLOYEES TO OVERTIME WORK"
"Sec. 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 andrlines or other person served."
Sec. 3. Section nine of Commonwealth Act Numbered
Six hundred and thirteen is hereby amended to read as follows:
"Sec. 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:
"(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) 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;
"(e) An accredited official of a foreign government
recognized by the Government of the Philippines, his family,
attendants, servants, and employees;
"(f) 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; (5)
"(g) 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 six months from the date of his admission
into the Philippines as a nonimmigrant under this paragraph.
(6)
"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 at a
Philippine port of entry for determination of his admissibility in
accordance with the requirements of this Act." (7)
Sec. 4. Section ten of the same Act is hereby
amended to read as follows:
"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 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." (8)
Sec. 5. Section thirteen of the same Act is hereby
amended to read as follows:
"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 "nonquota 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."
Sec. 6. Section 15 of the same Act is hereby
amended to read as follows:
"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 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, presenting
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
authorities 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 consular officers who shall issue the
appropriate certification for presentation to the immigration
authorities upon her return to the Philippines."
Sec. 7. Paragraph (a) of section twenty of the
same Act is hereby amended to read as follows:
"Sec. 20. (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. 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. 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. (11)
"The title "Immigration Visas for Nonquota Immigrant" shall be
understood to refer only to section twenty-one of the same Act."
Sec. 8. Section twenty-two of the same Act is
hereby amended by adding a second paragraph to read as follows:
"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." (12)
Sec. 9. Paragraphs (b) and (c) of section
twenty-seven of the same Act are hereby amended to read as follows:
"(b) 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. The decision of any two members of the
board shall prevail and shall be final unless reversed on appeal by the
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) 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 of appeal." (13)
Section 10. Paragraphs (14) and (15) of section
twenty-nine (a) of the same Act are hereby amended to read as follows:
"(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;
"(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: 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, blackmarketing 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." (14)
Section 11. Sec. 32 of the same Act is hereby
amended by adding a second paragraph which shall read as follows:
"The crew lists of incoming vessels shall be duly visaed by Philippine
consular officials abroad." (15)
Section 12. Section thirty-five and thirty-six of the
same Act are amended to read as follows:
"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 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.
"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
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 expense
of the owners of such vessel." (16)
Section 13. Subparagraphs (1) and (4) of paragraph
(a) of section thirty-seven of the same Act are hereby amended to read
as follows:
"(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; (17)
"(4) Any alien who is convicted and sentenced for a
violation of the law governing prohibited drugs;" (18)
The following grounds for deportation are added to the grounds for
deportation provided in the same section to read as follows:
"(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, or
who, at any time after entry, shall have been convicted more than once
of violating the provisions of the same Act. (19)
"(11) Any alien who engages in profiteering,
hoarding, or blackmarketing, independent of any criminal action which
may be brought against him. (20)
"(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. (21)
"(13) Any alien who defrauds his creditor by
absconding or alienating properties to prevent them from, being
attached or executed."
Paragraph (b) of the same section is hereby amended to read as follows:
"(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 clause
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." (22)
Section 14. Paragraph (e) of section forty-one of the
same Act is hereby amended to read as follows:
"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. 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." (23)
Section 15. The special provisos of items (3) and
(12) of paragraph (a) of section forty-two of the same Act are hereby
repealed.
Another item is hereby added to the same paragraph of the same section
to read as follows:
"(13) Visa of alien crew list
P20.00" (24)
Section 16. Subparagraph (1) of paragraph (a) of
section forty-four of the same Act is hereby amended to read as
follows:
"(1) 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;" (25)
Paragraph (d) of section forty-four of the same Act is hereby made into
a separate section to be designated as section 46-A to read as follows:
"Sec. 46-A. The pilot, master, agent, owner,
consignee, or any person in charge of a vessel orrcraft 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 orrcraft the fine imposed herein
shall be five thousand pesos." (26)
The designation of paragraphs (e) and (f) of the same section is hereby
changed to (d) and (e) respectively. (27)
Section 17. The same Act is amended by inserting
between section 45 and section 46 thereof a new section to be known as
section forty-five-A which shall read as follows:
"Sec. 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."
Section 18. Section forty-eight of the same Act is
hereby amended to read as follows:
"Sec. 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 showing 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 by
section 37 of this Act." (29)
Section 19. Sec. 54 of the same Act is hereby
repealed. (30)
Sec. 20. This Act shall take effect upon its
approval.
Approved: June 12, 1950
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