Legal basis and authority to reclassify
- The circular is issued pursuant to the rule-making power of the Commissioner under Commonwealth Act No. 613, as amended (Philippine Immigration Act of 1940).
- The circular applies to the BI’s administration and enforcement of immigration and citizenship laws, including admission of foreigners in the Philippines.
- The circular’s background treatment reflects Foreign Service Circular No. 18-05 (January 3, 2005) by the Department of Foreign Affairs (DFA) regarding visa-free entry arrangements.
- The circular also recognizes prior DFA treatment of Indian and Chinese nationals as “high-risked” or “restricted” via DFA issuance in 1960.
Policy, purpose, and rationale
- The circular provides that Indian and Chinese (PROC) nationals are delisted from the high-risked/restricted category.
- The circular provides that Indian and Chinese (PROC) nationals are reclassified to the visa’d and/or visa required category.
- The circular grounds the delisting and reclassification on the view that Indian and Chinese nationals are no longer considered threats to Philippine national security, health, and safety due to passage of time and circumstances.
- The circular grounds the reclassification on the acknowledgement that these nationals have been recognized as reputable businessmen who significantly invested and transacted business in the country and contributed to the economy.
- The circular states that BI consulted and solicited inputs from the Department of Justice (DOJ), Department of Foreign Affairs (DFA), Department of Labor and Employment (DOLE), Department of Tourism (DOT), and NICA, and that these agencies unanimously agreed that there is no legal impediment or threat to national security, public health, and public safety.
Delisting and reclassification rule
- The circular delists Indian and Chinese (PROC) nationals from the high-risked/restricted category.
- The circular reclassifies Indian and Chinese (PROC) nationals to the visa’d and/or visa required category.
- The reclassification is implemented through the BI’s immigration classification system consistent with the Commissioner’s rule-making authority under Commonwealth Act No. 613, as amended (Philippine Immigration Act of 1940).
Revocation of inconsistent issuances
- The circular provides that all memoranda, circulars, and issuances inconsistent with the delisting and reclassification are deemed revoked, cancelled and/or nullified.