Amendment on Philippine Immigration Act - Section 46

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Republic Act No. 5701: Amendment on Philippine Immigration Act - Section 46

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Title Source: Supreme Court: Amendment on Philippine Immigration Act - Section 46

Law: Republic Act No. 5701

Decision Date: Jun 21, 1969

Amendment to the Philippine Immigration Act outlining offenses and penalties related to the illegal entry and harboring of aliens, including fines, imprisonment, and potential forfeiture of vessels or aircraft used in the commission of the offense.

Law Summary

Penalties Imposed

Upon conviction, an offender shall be:
- Fined between five thousand pesos (₱5,000) and ten thousand pesos (₱10,000).
- Imprisoned for not less than five years and not more than ten years.
- If the offender is an alien, deportation shall follow.

No Relief to Employer by Dismissal

An employer who dismisses the alien before or after apprehension remains liable and shall not be relieved of the offense.

Liability of Vessel or Aircraft Authorities

If the individual involved in the offense is the pilot, master, agent, owner, consignee, or any person in charge of the vessel or aircraft that brought the alien into the country:
- The fine shall constitute a lien against the vessel or aircraft.
- This lien can be enforced in accordance with customs laws applicable to vessels.

Forfeiture of Vessel or Aircraft

The court, in its discretion and considering the circumstances, may order the forfeiture of the vessel or aircraft instead of imposing the fine.
Such forfeiture shall be in favor of the Government.
The order of forfeiture does not preclude the imposition of imprisonment for the offender.

Effective Date

The Act takes effect immediately upon approval.

END