Appointment and Powers of Commissioner of Immigration
- Commissioner appointed by the President with National Assembly consent.
- Holds office at the President's pleasure; salary set at 10,000 pesos annually.
- Administrative head of the Bureau; enforces immigration laws.
- Can issue rules, regulations, bonds, and reports subject to departmental approval.
- Required to submit periodic reports to the President.
Deputy Commissioners of Immigration
- Two deputies appointed by the President with Assembly consent.
- Hold office at President's pleasure with specified compensations.
- Deputies act as Commissioner during absence/disability of Commissioner.
- Appointees must be natural-born Filipino citizens aged at least 30 years.
Immigrant Inspectors and Other Employees
- Immigrant Inspectors appointed under Civil Service rules; maximum salary 3,600 pesos annually.
- Commissioner may appoint Acting Immigrant Inspectors with the same authority.
- Inspectors examine aliens for admission rights, administer oaths, take evidence, and arrest without warrant.
- Other employees appointed by Department Head upon Commissioner's recommendation per Civil Service rules.
Board of Commissioners
- Composed of Commissioner and the two Deputy Commissioners.
- Decisions by any two members are binding.
- Department Head may designate substitute members during absences.
Nonimmigrants: Categories and Admission Requirements
- Categories include temporary visitors (business, pleasure, health), persons in transit, seamen, traders, returning residents, and students.
- Must present unexpired passports or equivalent travel documents and valid visas except certain exceptions.
Immigrants: Quotas and Nonquota Immigrants
- Quota immigrants limited to 500 per nationality annually.
- Nonquota immigrants exempt from numerical limits include: prearranged employment immigrants, spouses/children of Philippine citizens, certain children born abroad, former citizens, and family of permanent residents.
- Nationality rules govern visa issuance particularly for dual nationals.
Visa Procedures and Conditions
- Passport visa and immigration visa application forms and validity prescribed by regulations.
- Visas not granted if applicant fails to establish status or if entry compromises public safety.
- Quota visas issued upon allocation by Commissioner.
- Nonquota employment visas granted after petitioner proves labor benefit and no local workers available.
Reentry Permits
- Lawful residents may obtain reentry permits valid up to one year, extendable upon good cause.
- Applications are sworn and regulated.
Exclusion of Aliens
- Specific classes excluded include: mentally ill, contagious diseases, criminals, prostitutes, those likely to become public charges, polygamists, anarchists, illiterates over 15, those previously excluded/deported, improperly documented persons, among others.
- Commissioner may admit some excluded aliens in specific circumstances.
Immigration Head Tax and Documentation Requirements
- Aliens over 16 staying more than 60 days pay a 16-peso head tax.
- Masters/agents/owners of vessels responsible for passenger manifests and crew lists.
- Failure to comply can lead to fines.
Detention, Examination, and Boards of Special Inquiry
- Arriving aliens suspected of exclusion may be detained for examination.
- Boards of Special Inquiry composed of appointed officials conduct hearings; decisions final unless appealed.
- Medical examinations performed by government or private doctors.
Deportation Procedures
- Grounds for deportation include illegal entry, convictions involving moral turpitude, drug offenses, prostitution, public charge status, violations of admission conditions, and subversive activities.
- Hearing and due process guaranteed; burden of proof on alien for lawful entry.
- Deportation costs generally borne by vessel owners or government.
Bonds and Guarantees
- Commissioner empowered to require bonds for temporary admission and appearance during proceedings.
- Cash deposits accepted as alternatives.
- Bonds forfeited or cancelled based on conditions met.
Legalization of Residence
- Aliens without permanent residence records may apply for legalization within one year.
- Legalization establishes lawful admission date and requires proof of residence, good moral character, and freedom from deportation grounds.
Fees for Immigration Services
- Prescribed fees for visas, permits, legalization, and petitions with exemptions for foreign officials and nonimmigrants in transit.
- Late applications for legalization pay increased fees.
Removal of Indigent Aliens
- Commissioner may remove indigent aliens who become public charges post-entry at government expense.
- Removed aliens barred from readmission without prior authorization.
Obligations of Transporting Vessels
- Vessels must comply with documentation, prevent illegal landings, and bear costs related to detained or excluded aliens.
- Violations subject to fines enforceable against vessels.
Penal Provisions
- Persons committing fraud, false representation, or aiding unauthorized entry face fines up to 1,000 pesos and/or imprisonment up to two years.
Presidential Powers and Special Provisions
- President authorized to waive certain requirements, admit classes of aliens for humanitarian or public interest reasons, and suspend entry from disease-infested countries.
Foreign Government Officials
- Exemptions for recognized foreign officials and entourage, subject to documentation and immigration procedures.
- Status violations by admitted attendants subject to deportation.
General Definitions
- Terms such as "alien," "immigrant," "nonimmigrant," "vessel," and familial relationships defined for purposes of the Act.
- Applicability includes all Philippine territory and waters.
Repeal and Effectivity
- The Act supersedes previous immigration laws except where expressly preserved.
- Bureau of Immigration established and Division of Immigration abolished.
- Effective upon proclamation after U.S. approval with transition provisions.
Special US-Philippines Provisions Pending Sovereignty Withdrawal
- Special rules concerning U.S. citizens, consular officers, reciprocal visa fee arrangements, and exemptions for aliens traveling from the U.S.
- Coordination with U.S. authorities on immigration functions.
This summary captures the detailed provisions and mechanisms of immigration control, procedural requirements, powers of officials, admitted alien classifications, exclusions, penalties, and enforcement under the Philippine Immigration Act of 1940.