Legal Basis and Authority
- The order is issued pursuant to Section 3 of Commonwealth Act No. 613 (C.A. No. 613), as amended.
- Further authority is derived from Sections 29 and 36, Chapter 6, Book IV, Title III of Executive Order No. 292, also known as the Revised Administrative Code of 1987.
- The Board of Commissioners (BOC) affirmed on 24 July 2014 the non-immigrant status of SRRV holders under Section 47(a)(2) of C.A. No. 613, as amended.
Definitions and Relevant Visa Categories
- SRRV holders are recognized as non-immigrants under Sec. 47(a)(2), C.A. No. 613.
- Other visa categories similarly required to secure AEP when employed in executive, advisory, supervisory, or technical positions include Special Investor's Resident Visa (SIRV), Treaty Trader's Visa (Sec. 9(d)), and Special Non-Immigrant Visa (Sec. 47(a)(2)).
Requirements and Procedures
- An SRRV holder must secure a DOLE-issued Alien Employment Permit before any gainful employment.
- Coordination among agencies such as the Philippine Retirement Authority and the Department of Labor and Employment is mandated to ensure proper implementation.
Violations and Penalties
- Failure to secure the required Alien Employment Permit prior to employment constitutes a violation of Section 37(a)(7) of C.A. No. 613, as amended.
- Such violation is grounds for arrest and deportation of the foreign national.
- In meritorious cases, instead of deportation, the Board of Commissioners may impose a fine of Fifty Thousand Pesos (PhP50,000.00) as an alternative penalty.
Implementation and Administrative Details
- The Legal Division is tasked with immediate coordination with concerned agencies and stakeholders to implement the Order by 31 August 2014.
- The Order must be filed with the Office of the National Administrative Registrar (ONAR) at the University of the Philippines Law Center for proper documentation and public record.
Important Legal Concepts
- Non-immigrant status of SRRV holders restricts them from gainful employment without securing the appropriate permits.
- Inter-agency coordination is crucial for enforcing employment conditions tied to special visas.
- The Order reconciles immigration policy with labor regulations to regulate foreign nationals working under special visa categories in the Philippines.