Legal basis and amended law
- Republic Act No. 749 amends Commonwealth Act No. 613, known as the Philippine Immigration Act of Nineteen hundred and forty, as amended.
- Section 1 amends Section 31 of Commonwealth Act No. 613.
- Section 2 amends Subsection (a) of Section 42 of Commonwealth Act No. 613, previously amended by Republic Acts Nos. 118 and 135.
Alien admission tax and vessel liability
- Section 31 imposes a tax of PHP 25 for every alien over 16 years of age admitted for a stay exceeding 60 days.
- Section 31 requires payment of the tax to the Immigration Officer, or in the officer’s absence, to the Collector of Customs, for the account of the Commissioner of Immigration, at the port where the alien enters.
- Section 31 mandates payment by the master, agent, owner, or consignee of the vessel bringing the alien, or by the alien himself when collection from the vessel party is impracticable.
- Section 31 makes the tax a lien on the vessel and a debt in favor of the Government of the Philippines against the owner or owners of the vessel, enforceable by any legal remedy.
- Section 31 directs the Collector of Customs, upon the request of the Commissioner of Immigration, to withhold clearance from any vessel declared in default of an obligation incurred under this tax provision.
Immigration-related fees for entering or remaining
- Section 42(a) requires, in addition to the documentary stamp required by existing law, payment of listed fees for services for aliens seeking to enter or remain under the Act.
- Section 42(a)(1)–(20) sets the following fees:
- Executing application for passport visa for nonimmigrant: PHP 10.00
- Passport visa for nonimmigrant: PHP 20.00
- Reentry permit: PHP 20.00
- Extension of reentry permit: PHP 20.00
- Executing application for immigration visa: PHP 10.00
- Immigration visa: PHP 20.00
- Legalization of residence: PHP 50.00
- Petition for preference quota status: PHP 40.00
- Petition for visa for nonimmigrant coming to prearranged employment: PHP 80.00
- Certificate of residence: PHP 50.00
- Duplicate certificate of residence: PHP 40.00
- Duplicate reentry permit: PHP 40.00
- Duplicate certificate of legalization of residence: PHP 40.00
- Sworn application for extension of re-entry permit: PHP 5.00
- Filing of notice of appeal or petition for rehearing or reconsideration: PHP 10.00
- Petition for amendment or cancellation of alien registration or immigration document: PHP 10.00
- For every month of extension of temporary stay: PHP 10.00
- For every year, or fraction thereof, of stay beyond two years as nonimmigrant student: PHP 50.00
- Certificate of arrival or identity: PHP 10.00
- All other certificates: PHP 5.00
Required certificates: permanent residents
- Section 42 requires all aliens residing in the Philippines who are 14 years of age or over and entitled to consideration as permanent residents to apply for and secure their certificates of residence.
- Section 42 exempts from the certificate-residence application requirement those who are already holders of certificates of legalization of residence, certificates of residence, or any other similar document issued under the Act.
- Section 42 imposes a deadline: such aliens must apply for and secure their certificates of residence within 6 months after approval of Republic Act No. 749.
- Section 42 provides a separate deadline for later entrants: aliens admitted into the Philippines subsequently thereto must apply within 30 days after such admission.
Required certificates: aliens in temporary stay
- Section 42 requires all aliens admitted for temporary stay in the Philippines to obtain certificates of residence if they have been staying for more than 6 months.
- Section 42 imposes a deadline for these aliens: they must apply for the certificates of residence within 60 days from approval of Republic Act No. 749.
- Section 42 requires holders of the certificates of residence to surrender the certificates to the immigration authorities prior to departure from the Philippines.