Title
Waiver of Passport for Certain Immigrants EO 324
Law
Executive Order No. 324
Decision Date
Apr 13, 1988
President Corazon C. Aquino issues an executive order waiving passport requirements for certain immigrants in the Philippines, allowing them to apply for a waiver within a 12-month period if they meet specific criteria, including continuous unlawful residence and admissibility requirements.
A

Application Period and Filing

  • Aliens may apply for waiver within a 12-month period starting on a date designated by the Commissioner of Immigration and Deportation, no later than 180 days from the Order's effectivity.

Eligibility Criteria Based on Entry and Residency

  • The applicant must prove entry into the Philippines before January 1, 1984.
  • Must have resided continuously in the Philippines unlawfully from entry until filing.
  • Non-immigrant aliens must demonstrate expiration of authorized stay before January 1, 1984, or that unlawful status was known then.

Continuous Physical Presence Requirement

  • Applicants must have been physically present in the Philippines continuously since the Executive Order's effectivity.
  • Brief, casual, and innocent absences do not break physical presence continuity.

Limitation on Admission for Application Purpose

  • The order does not authorize aliens to enter or be admitted into the Philippines solely for the purpose of applying for status adjustment.

Additional Admission Requirements

  • Applicants must:
    • Be admissible as immigrants, subject to exceptions.
    • Have no criminal convictions or three or more local ordinance violations.
    • Not have participated in persecution based on race, religion, nationality, social group, or political opinion.

Language and Knowledge Requirement

  • Applicants must demonstrate:
    • Basic understanding of English or Filipino.
    • Knowledge of Philippine history and government.
  • Alternatively, applicants may be pursuing recognized study to attain such knowledge.
  • Waiver of these requirements may be granted for applicants aged 65 or older at Commissioner’s discretion.

Confidentiality and Use of Application Information

  • Information provided in applications is restricted to:
    • Determination of the application.
    • Enforcement penalties for false statements.
  • No publication identifying individuals is allowed.
  • Access limited exclusively to sworn officers and employees of the Commissioner.

Application Fees and Use of Funds

  • Filing fee set at P 50,000 plus P 1,000 overtime fee.
  • Discretionary lower fees may be applied for spouses and minor children under 21.
  • Fees are deposited into a separate account to fund administrative expenses related to application processing.

Waiver of Exclusion Grounds

  • The Commissioner may waive exclusion grounds for humanitarian reasons or public interest to maintain family unity.
  • Non-waivable grounds include:
    • Criminal offenses.
    • Likely becoming public charges.
    • Drug offenses, except single possession of marijuana.
    • National security and subversive organization membership.

Medical Examination Requirement

  • Applicants must undergo a medical examination at their own expense.
  • Examination covers general health and immunization status per accepted medical standards.

Protection from Deportation During Processing

  • Applicants presenting prima facie cases within the application period cannot be deported until final determination.

Administrative Review Process

  • A single-level administrative review mechanism is established for determinations under this Order.

Authority to Issue Implementing Rules

  • The Commissioner of Immigration and Deportation is empowered to issue necessary rules and regulations for implementation.

Supersession of Conflicting Rules

  • All inconsistent or conflicting orders, rules, and regulations are modified or repealed accordingly.

Immediate Effectivity

  • The Executive Order takes effect immediately upon issuance.

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