QuestionsQuestions (EXECUTIVE ORDER No. 758)
The EO aims to admit qualified foreign nationals as special non-immigrants to maintain lawful presence in the Philippines by engaging in viable and sustainable enterprises that generate local employment. Its authority is anchored on the President’s power under Commonwealth Act No. 613 (Philippine Immigration Act of 1940), particularly Section 47(a)(2), when public interest warrants the admission of foreigners for temporary periods under conditions prescribed.
The SVEG is a special visa issued to a qualified non-immigrant foreigner who actually employs at least ten (10) Filipinos in a lawful and sustainable enterprise, trade, or industry.
SVEG holders are considered special non-immigrants with multiple entry privileges and conditional extended stay. They may adjust without need of prior departure from the Philippines.
The privileges may extend to the qualified foreigner’s spouse and dependent unmarried child/children below eighteen (18) years of age, whether legitimate, illegitimate, or adopted.
The foreigner must (a) actually, directly or exclusively engage in a viable and sustainable enterprise and exercise management acts or have authority to hire/promote/dismiss employees; (b) evince genuine intention to indefinitely remain in the Philippines; (c) not be a risk to national security; and (d) ensure the enterprise provides actual employment to at least ten (10) Filipinos in accordance with Philippine labor laws and other applicable special laws.
The requirements in Section 2 must be continually satisfied by the foreigner for them to continue holding the SVEG.
Applications are received and resolved by the Commissioner of Immigration upon payment of regulatory fees. The Commissioner must resolve applications within fifteen (15) days from filing.
Documentary proofs required by the Commissioner shall be evaluated and reviewed without strict observance to technicalities of evidence and procedure.
Upon disapproval, the foreigner may file a Motion for Reconsideration (MR) within fifteen (15) days from receipt of the disapproval. Only one (1) MR is allowed.
The Commissioner of Immigration must monitor the continued compliance by the foreigners of the requirements of the SVEG.
Revocation may be ordered if (i) the holder fails to maintain compliance with Section 2 conditions; (ii) the visa was obtained through fraud or willful misrepresentation of material facts; (iii) the foreigner is convicted by final judgment of a crime or offense in the Philippines; or (iv) there is a final determination by competent authority that the foreigner poses a risk to national security.
If revoked under (i), (ii), or (iv), the foreigner shall be deported via summary proceedings. If revoked under (iii), deportation shall occur after the service of sentence.
The One-Stop-SVEG Facility is a processing hub within the Bureau of Immigration to assist applicants in documentary requirements supporting SVEG applications (e.g., Alien Employment Permit from DOLE). The IRR formulation must involve representatives from DOJ, DOF, DTI, DFA, DOLE, NICA, and other concerned agencies and stakeholders as determined by the Commissioner of Immigration.
The IRR must be published in at least two (2) newspapers of general circulation, and it takes effect fifteen (15) days after completion of its publication.
The Commissioner must submit regular monthly reports on implementation to the Office of the President and the Secretary of Justice. Certified copies of SVEG issued, including supporting documents, must also be furnished to the Secretary of Justice for proper departmental recording and review.
EO No. 758 takes effect fifteen (15) days after completion of its publication in at least two (2) newspapers of general circulation.