QuestionsQuestions (Republic Act No. 10742)
It is an act “to control and regulate the immigration of aliens into the Philippines,” and is titled the “Philippine Immigration Act of 1940.”
A Bureau of Immigration is established under a Commissioner of Immigration, with two assistants: a First Deputy Commissioner and a Second Deputy Commissioner. For administrative purposes, it is under the supervision and control of the Department of Labor or another executive department the President may later determine.
The President appoints them with the consent of the Commission on Appointments. They hold office at the pleasure of the President. No one may be appointed unless he is a natural-born citizen of the Philippines and at least 30 years of age.
Immigrant Inspectors examine aliens’ right to enter or remain (with medical authorities in appropriate cases), may admit any alien complying with immigration laws, enforce immigration laws and regulations, administer oaths, take and consider evidence, search vessels for aliens, and arrest without warrant any alien who is entering (or in the course of entering) in violation of the immigration laws/regulations in their presence or view.
It consists of the Commissioner of Immigration and the two Deputy Commissioners. If a member is absent, the Department Head designates a Bureau officer to serve. Decisions of any two members prevail.
Nonimmigrants include: (1) temporary visitors for business/pleasure/health; (2) persons in transit; (3) seamen seeking to enter temporarily and solely in pursuit of seafaring; (4) persons entering to carry on trade between the Philippines and their home country (including wife and unmarried children under 21, if accompanying or joining—subject to reciprocity); (5) returning permanent residents after temporary visit abroad to unrelinquished residence; and (6) students at least 15 with sufficient means seeking temporary entry solely for study at approved schools.
Nonimmigrants must present unexpired passports/official passport-like travel documents showing origin and identity and valid passport visas granted by consular officers. Exceptions include: (1) certain children born after issuance of the accompanying parent’s passport visa (visa not expired); (2) seamen covered by Section 9(c); and (3) returning residents presenting a Reentry Permit under Section 22.
A passport visa shall not be granted if the applicant fails to satisfactorily establish nonimmigrant status or if entry would be contrary to public safety.
Quota immigrants are immigrants subject to numerical limitations: not more than 500 of any one nationality or without nationality per calendar year. Nonquota immigrants may be admitted without regard to those numerical limitations and include those specified in Section 13 (e.g., certain prearranged employment with their dependents, spouses/children of Philippine citizens, specified children cases, and certain former Filipino citizens and their dependents, among others).
A lawfully resident alien about to depart temporarily may apply for a reentry permit. If lawfully admitted for permanent residence, the Commissioner issues it valid up to one year. Extensions require application and good cause, with extensions not exceeding one year each. The Commissioner prescribes the form, and applications must be under oath in the prescribed form and manner.
Section 29(a) lists categories such as the insane/idiots, contagious disease carriers, those convicted of crimes involving moral turpitude, prostitutes/procurers/immoral purposes, likely public charges, paupers/vagrants/beggars, polygamists, persons advocating violent overthrow or anti-government doctrines, illiterates above 15 who cannot read in an ordinary use language (with exceptions), certain family accompanying excluded aliens, helpless persons needing guardianship, unaccompanied children under 15 (with discretion), stowaways (with discretion), those coming for unskilled manual labor under a promise/offer (with an exception for some visa holders), recent excluded/deported aliens, indigent aliens removed at government expense without Board consent for readmission, and persons not properly documented.
An immigration visa, passport visa, or Reentry Permit obtained by fraud or willful misrepresentation is subject to cancellation by the issuing officer or by the Board of Commissioners.
Aliens not clearly entitled to land are detained for examination by a board of special inquiry. The board has authority to determine admission or exclusion and may administer oaths/take evidence. Decisions of any two members prevail and are final unless reversed on appeal by the Board of Commissioners. An excluded alien may appeal and has the right to be represented by an attorney/counsel with access to the record.
Examples include: (1) entering after the effective date by means of false/misleading statements or without inspection/admission at a designated port; (2) entering though not lawfully admissible at the time of entry; (3) committing certain crimes involving moral turpitude within specified periods; (4) violating prohibited drug traffic law; (5) prostitution/procuring; (6) becoming a public charge within five years from causes not affirmatively shown to arise after entry; (7) violating limitations/conditions of nonimmigrant admission; and (8) advocating violent overthrow/assault/anti-government doctrines or assisting dissemination.