LAWS ON IMMIGRATION, REGISTRATION, AND CITIZENSHIP

COURSE CURRICULUM

1) INTRODUCTION:

a) History and Officers of the Bureau:

i) Sec. 1-3, 8, 51 of PIA 1940

TITLE OF ACT

SECTION 1. This Act shall be known as “The Philippine Immigration Act of 1940.”

BUREAU OF IMMIGRATION

SEC. 2. A Bureau of Immigration is established under a Commissioner of Immigration, who shall have two
assistants, a First Deputy Commissioner of Immigration and a Second Deputy Commissioner of
Immigration. For administrative purposes, the Bureau of Immigration shall be under the supervision and
control of the Department of Labor or of any other executive department which the President may
subsequently determine.

COMMISSIONER OF IMMIGRATION

SEC. 3. The Commissioner of Immigration shall be appointed by the President, with the consent of the
Commission on Appointments of the National Assembly, and shall hold office at the pleasure of the
President. He shall receive compensation at the rate of ten thousand pesos per annum. He shall be the
administrative head of the Bureau of Immigration and shall possess the powers generally conferred upon
bureau chiefs. He shall have charge of the administration of all laws relating to the immigration of aliens
into the Philippines and shall have the immediate control, direction and supervision of all officers, clerks,
and employees of the Bureau of Immigration. He shall issue, subject to the approval of the Department
Head, such rules and regulations and prescribe such forms of bond, reports, and other papers, and shall
issue from time to time such instructions not inconsistent with law, as he shall deem best calculated to
carry out the provisions of the immigration laws. He shall submit a report to the President, in writing, of
the transactions of his office, annually or oftener as the President may require.

BOARD OF COMMISSIONERS

SEC. 8. The board of Commissioners, hereinafter referred to in this Act, shall be composed of the
Commissioner of Immigration and the two Deputy Commissioners. In the absence of a member of the
Board, the Department Head shall designate an officer or employee in the Bureau of Immigration to serve
as a member thereof. In any case coming before the Board of Commissioners, the decision of any two
members shall prevail.

EFFECTIVE DATE OF ACT

SEC. 51. When this Act shall have been approved by the President of the United States, such fact shall be
made known by proclamation of the President of the Philippines and this Act shall take effect on the one
hundred and twentieth day after the date of such proclamation: Provided, however, That the provisions of
this Act creating the Bureau of Immigration and appropriating funds for its support and maintenance shall
take effect on the date of the proclamation above-referred to, announcing the approval of this Act by the
President of the United States.

ii) Ledesma, pp1-174, 177-196, 1075-1080

 b) Definition of Key Terms in Immigration and Migration

i) Sec. 50, PIA, IOM

GENERAL DEFINITIONS

SEC. 50. As used in this Act:–

(a) The term “Philippines” means all the territory and waters subject to the jurisdiction of the Government
of the Philippines.
(b) The term “alien” means any person not a citizen of the Philippines.
(c) Except for the period covered by section 55, the term “consular officer” means any official acting for
the Government of the Philippines, designated by the President for the purpose of issuing visas to aliens
as required of aliens by this Act.
(d) The term “unmarried” when used in reference to an individual as of any time, means an individual who
at such time is not married, whether or not previously married.
(e) The terms “child,” “father,” and “mother,” do not include a child or parent by adoption unless the
adoption took place before May 1, 1939.
(f) The terms “wife” and “husband” do not include a wife or husband by reason of a proxy or picture
marriage taking place after the effective date of this Act.
(g) The word “person” shall be construed to import both the plural and the singular, as the case may be,
and shall include partnerships, corporations, companies, and associations. When construing and enforcing
the provisions of this Act, the act, omission, or failure of any director, officer, agent, or employee of any
partnership, corporation, company, or association acting within the scope of his employment or office
shall, in every case, be deemed the act, omission, or failure of such partnership, corporation, company, or
association.
(h) The term “vessel” shall include civil aircraft as well as water craft.
(i) The term “seaman” means a person serving in any capacity on board a vessel or civil aircraft.
(j) The term “immigrant” means any alien departing from any place outside the Philippines destined for
the Philippines, other than a nonimmigrant.
(k) The term “immigration laws” shall mean this Act and any other law hereafter enacted relating to the
entry of aliens into the Philippines, and their exclusion, deportation, and repatriation therefrom.
(l) The words “the President” refer to the President of the Philippines.

ii) Ledesma, p1059-1075

2) PHILIPPINE RULES ON ADMISSION AND EXCLUSION

a) Documentation for Admission:

i) Sections 10-12, 15-16, PIA

DOCUMENTATION OF NONIMMIGRANTS

SEC. 10. Nonimmigrants must present for admission into the Philippines unexpired passports or official
documents in the nature of passports issued by the governments of the countries to which they owe
allegiance or other travel documents showing their origin and identity as prescribed by regulations, and
valid passport visas granted by diplomatic or consular officers, except that such documents shall not be
required of the following aliens:
(a) A child qualifying as a nonimmigrant, born subsequent to the issuance of the passport visa of an
accompanying parent, the visa not having expired; and
(b) A seaman qualifying as such under section 9 (c) of this Act.
(c) A returning resident, as referred to in section nine hereof, presenting a Reëntry Permit as provided for
in section twenty-two of this Act.

SEC. 11. The form and manner of applying for a passport visa and the form and validity of such passport
visa shall be established by regulations.
SEC. 12. A passport visa shall not be granted to an applicant who fails to establish satisfactorily his
nonimmigrants status or whose entry into the Philippines would be contrary to the public safety.

DOCUMENTATION OF IMMIGRANTS

SEC. 15. Immigrants must present for admission into the Philippines unexpired passports or official
documents in the nature of passports issued by the governments of the countries to which they owe
allegiance or other travel documents showing their origin and identity as prescribed by regulations, and
valid immigration visas issued by consular officers, except that children born subsequent to the issuance
of the immigration visa of an accompanying parent, the visa not having expired, shall not be subject these
documentary requirements.

SEC. 16. The form and manner of applying for an immigration visa and the form and validity of such
immigration visa shall be established by regulations.

SEC. 17. No immigration visa shall be issued to an immigrant if the consular officer knows from
statements in the application therefor or from the papers submitted therewith or otherwise has reason to
believe that the immigrant is inadmissible into the Philippines under the immigration laws.

ii) Ledesma, pp336-373

b) Non-Visa-required vs. Visa-required Countries; Visa Upon Arrival

c) Powers of Immigration Officers, Board of Commissioners, and Commissioner:

i) Section 5-6, 24, 40, PIA

IMMIGRANT INSPECTORS

SEC. 5. (a) The position of Immigrant Inspector is created, appointments to which shall be made upon the
recommendation of the Commissioner of Immigration in accordance with the Civil Service laws. Immigrant
Inspectors shall receive a salary the maximum of which shall not be more than three thousand six
hundred pesos per anum;
(b) Whenever he shall deem it necessary, the Commissioner of Immigration may appoint, with the
consent of the proper Department Head, any qualified employee of the Government to serve as Acting
Immigrant Inspector. Acting Immigrant Inspectors shall have the same powers and authority as
Immigrant Inspectors.

SEC. 6. The examination of aliens concerning their right to enter or remain in the Philippines shall be
performed by Immigrant Inspectors, with the advice of medical authorities in appropriate cases.
Immigrant Inspectors are authorized to admit any alien complying with the applicable provisions of the
immigration laws and to enforce the immigration laws and regulations prescribed thereunder. Immigrant
Inspectors are also empowered to administer oaths, to take and consider evidence concerning the right of
any alien to enter or reside in the Philippines, and to go aboard and search for aliens on any vessel or
other conveyance in which they believe aliens are being brought into the Philippines. Immigrant
Inspectors shall have the power to arrest, without warrant, any alien who in their presence or view is
entering or is still in the course of entering the Philippines in violation of immigration laws or regulations
prescribed thereunder.

PORTS OF ENTRY

SEC. 24. The Commissioner of Immigration shall designate ports, from among the ports of entry
designated by law, as ports of entry for customs purposes, at which aliens may enter the Philippines. Such
ports shall be designated by the Commissioner as unlimited or ports of limited ports of entry. At limited
ports of entry only such classes of aliens may enter as may be permitted by the Commissioner under
regulations prescribed by him. He shall also have power to close ports so designated whenever he should
deem it to be advisable in the public interest and upon sufficient notice to the public.

BONDS

SEC. 40. (a) The Commissioner of Immigration shall have the power to exact bonds in such amounts and
containing such conditions as he may prescribe:
(1) To control and regulate the admission into, and departure from, the Philippines of aliens applying for
temporary admission;
(2) To insure against alien passengers liable to be excluded as likely to become public charges, from
becoming public charges;
(3) To insure the appearance of aliens released from custody during the course of deportation proceedings
instituted against them.

(b) In lieu of such bond, a deposit in cash may be made with the Collector of Customs in such amount as
the Commissioner of Immigration may require.

(c) When the conditions of the bond or cash deposit are fulfilled, or, in the case of a bond or deposit given
to insure against an alien becoming a public charge, when the Commissioner of Immigration shall decide
that the likelihood no longer exists, or in the event of the naturalization as a Philippine citizen or the death
of the alien in whose behalf the bond or deposit is given, the bond shall be canceled or the sum deposited
shall be returned to the depositor, or his legal representative. In case of forfeiture, the proceeds of the
bond or the cash deposit, as the case may be, shall be deposited in the Philippine Treasury by the
Collector of Customs.

ii) Section 26-27, PIA

BOARDS OF SPECIAL INQUIRY

SEC. 26. Every alien who may not appear to the examining immigration officer at the port of arrival to be
clearly and beyond a doubt entitled to land shall be detained for examination in relation thereto by a
board of special inquiry.

SEC. 27. (a) Every board of special inquiry shall be composed of a Chairman and two members, who shall
be appointed by the President of the Philippines alone and shall be removable at his pleasure. The
Commissioner of Immigration may assign to such officers duties and functions in addition to those
pertaining to them by reason of their membership in the board. At ports where it is not convenient or
necessary to organize permanent boards of special inquiry, the resident may designate any other
employee of the Government to serve as a member of the board of special inquiry which might be
organized therein from time to time.

(b) A board of special inquiry shall have authority to determine whether an alien seeking to enter or land
in the Philippines shall be allowed to enter or land or shall be excluded. For this purpose, the board or any
member thereof, may administer oaths and take evidence. The hearing of all cases brought before a board
of special inquiry shall be conducted under rules of procedure to be prescribed by the Commissioner of
Immigration. The decision of any two members of the board shall prevail and shall be final unless reversed
on appeal by the Board of Board of Commissioners as hereafter stated.

(c) An alien excluded by a board of special inquiry may appeal to the Board of Commissioners, whose
decision in the case shall be final. In appeal cases, the alien shall have the right to be presented by an
attorney or counsel who shall have access to the record of the board of special inquiry in the particular
case on appeal.
 iii) Ledesma 139-173

d) Exclusion:

i) Section 29-30, PIA

EXCLUDED CLASSES

SEC. 29. (a) The following classes of aliens shall be excluded from entry into the Philippines:
(1) Idiots or insane persons and persons who have been insane;
(2) Persons afflicted with a loathsome or dangerous contagious disease, or epilepsy:
(3) Persons who have been convicted of a crime involving moral turpitude;
(4) Prostitutes, or procurers, or persons coming for any immoral purposes;
(5) Persons likely to become, public charge;
(6) Paupers, vagrants, and beggars;
(7) Persons who practice polygamy or who believe in or advocate the practice of polygamy;
(8) Persons who believe in or advocate the overthrow by force and violence of the Government of the
Philippines, or of constituted lawful authority, or who disbelieve in or are opposed to organized
government, or who advocate the assault or assassination of public officials because of their office, or who
advocate or teach principles, theories, or ideas contrary to the Constitution of the Philippines or advocate
or teach the unlawful destruction of property, or who are members of or affiliated with any organization
entertaining or teaching such doctrines;
(9) Persons over fifteen years of age, physically capable of reading, who cannot read printed matter in
ordinary use in any language selected by the alien, but this provision shall not apply to the grandfather,
grandmother, father, mother, wife, husband or child of a Philippine citizen or of an alien lawfully resident
in the Philippines;
(10) Persons who are members of a family accompanying an excluded alien, unless in the opinion of the
Commissioner of Immigration no hardship would result from their admission;
(11) Persons accompanying an excluded person who is helpless from mental or physical disability or
infancy, when the protection or guardianship of such accompanying person or persons is required by the
excluded person, as shall be determined by the Commissioner of Immigration;
(12) Children under fifteen years of age, unaccompanied by or not coming to a parent, except that any
such children may be admitted in the discretion of the Commissioner of Immigration, if otherwise
admissible;
(13) Stowaways, except that any stowaway may be admitted in the discretion of the Commissioner of
Immigration, if otherwise admissible;
(14) Persons coming to perform unskilled manual labor in pursuance of a promise or offer of employment,
express or implied, but this provision shall not apply to persons bearing nonquota immigration visas
authorized by section twenty of this Act;
(15) Persons who within one year prior to the date of application for admission have been excluded or
deported from the Philippines, but this provision may be waived in the discretion of the Commissioner of
Immigration;
(16) Persons who have been removed from the Philippines at the expense of the Government of the
Philippines, as indigent aliens, under the provisions of section forty-three of this Act, and who have not
obtained the consent of the Board of Commissioners to apply for readmission; and
(17) Persons not properly documented for admission as may be required under the provisions of this Act.

(b) Notwithstanding the provisions of this section, the Commissioner of Immigration, in his discretion, may
permit to enter any alien properly documented, who is subject to exclusion under this section, but who is–
(1) An alien lawfully resident in the Philippines who is returning from a temporary visit abroad;
(2) An alien applying for temporary admission.

SEC. 30. Any alien seeking admission into the Philippines may be required to testify under oath on matters
relating to his admissibility. The burden of proof shall be upon such alien to establish that he is not subject
to exclusion under any provision of the immigration laws.
 ii) Ledesma, pp 564-596

3) PHILIPPINE RULES ON STAY AND EXIT

a) Non-immigrants: (Tourists, Transients, Seamen, Treaty Traders, Diplomats, Students,

Employment)

i) Section 9, 18-21, PIA

NONIMMIGRANTS

SEC. 9. Aliens departing from any place outside the Philippines, who are otherwise admissible and who
qualify within one of the following categories, may be admitted as nonimmigrants:
(a) A temporary visitor coming for business or for pleasure or for reasons of health;
(b) A person in transit to a destination outside the Philippines;
(c) A seaman serving as such on a vessel arriving at a port of the Philippines and seeking to enter
temporarily and solely in the pursuit of his calling as a seaman;
(d) A person seeking to enter the Philippines solely to carry on trade between the Philippines and the
foreign state of which he is a national, his wife, and his unmarried children under twenty-one years of age,
if accompanying or following to join him, subject to the condition that citizen of the Philippines under
similar conditions are accorded like privileges in the foreign state of which such person is a national;
(e) A person previously lawfully admitted into the Philippines for permanent residence, who is returning
from a temporary visit abroad to an unrelinquished residence in the Philippines; and
(f) A student, having means sufficient for his education and support in the Philippines, who is at least
fifteen years of age and who seeks to enter the Philippines temporarily and solely for the purpose of study
at a school or other institutions of learning approved for such alien students by the Commissioner of
Immigration.

IMMIGRATION VISAS FOR QUOTA IMMIGRANTS

SEC. 18. An immigration visa shall not be issued by a consular officer to an immigrant whose admission
into the Philippines is subject to the numerical limitations imposed by section thirteen of this Act until the
consular officer shall have received from the Commissioner of Immigration the allotment of a quota
number to be placed upon the visa for the immigrant.

SEC. 19. In allotting quota numbers, the Commissioner of Immigration shall accord preference to
immigrants who are the fathers and mothers of Philippine citizens who are twenty-one years of age or
over, and the wives, husbands, and unmarried children under of twenty-one years of age, of aliens
lawfully admitted into the Philippines for permanent residence and residing therein. Such preference shall
be accorded only upon petition made therefor under regulations prescribed by the Commissioner.

IMMIGRATION VISAS FOR NONQUOTA IMMIGRANTS

SEC. 20. (a) A nonquota immigration visa for an immigrant referred to in section thirteen (a) of this Act
who is coming to prearranged employment shall not be issued by a consular officer until the consular
officer shall have received authorization for the issuance of the visa. Such authorization shall be given only
on petition filed with the Commissioner of Immigration establishing that no person can be found in the
Philippines willing and competent to perform the labor or service for which the immigrant is desired and
that the immigrant’s admission would be beneficial to the public interest. The petition shall be made under
oath, in the form and manner prescribed by regulations, by the prospective employer or his
representative. The petition shall state fully the nature of the labor or service for which he is to be
engaged, the wages and other compensation which he is to receive, the reasons why a person in the
Philippines cannot be engaged to perform the labor or service for which the immigrant is desired and why
the immigrant’s admission would be beneficial to the public interest. The petition shall be accompanied by
a certified copy of any written contract or agreement entered into for the immigrant’s service and shall
contain such additional information as may be deemed material. Substantiation of any allegation made in
the petition may be required.
(b) If the Board of Commissioners finds that the petition complies with the requirements of the preceding
paragraph and that the petitioner has established the facts entitling him to the authorization, the Board
shall grant the petition and the Commissioner shall so inform the petitioner and promptly transmit
authorization to the consular office at which the immigrant is to apply for a visa. Such an immigrant, upon
receiving a visa and applying for admission into the Philippines, shall be exempt from the provisions of
paragraph fourteen of section twenty-nine (a) of this Act excluding aliens coming to perform unskilled
manual labor in pursuance of a promise or offer of employment.

SEC. 21. Nonquota immigration visas may be issued by the consular officers to other immigrants claiming
nonquota status upon the receipt of satisfactory proof that they are entitled to such status.

ii) Republic Act 6768

AN ACT INSTITUTING A BALIKBAYAN PROGRAM

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Balikbayan Program. - A Balikbayan Program is hereby instituted under the administration
of the Department of Tourism to attract and encourage overseas Filipinos to come and visit their
motherland. This is in recognition of their contribution to the economy of the country through the foreign
exchange inflow that they generate.

Section 2. Definition of Terms. - For purposes of this Act:

(a) The term "balikbayan" shall mean a Filipino citizen who has been continuously out of the
Philippines for a period of at least one (1) year, a Filipino overseas worker, or a former Filipino
citizen and his family, as this term is defined hereunder, who had been naturalized in a foreign
country and comes or returns to the Philippines; and
(b) The term "family" shall mean the spouse and the children of the balikbayan who are not
balikbayan in their own right traveling with the latter to the Philippines.

Section 3. Benefits and Privileges of the Balikbayan. - The balikbayan and his family shall be entitled
to the following:

(a) Tax-free maximum purchase in the amount of One thousand United States dollars
(US$1,000.00) or its equivalent in other acceptable foreign currencies at Philippine duty-free shops
subject to the limitations contained in Section 4 hereof;
(b) The national flag air carrier shall establish a special promotional/incentive program for the
balikbayan;
(c) For foreign passport holders with the exception of restricted nationals, visa-free entry to the
Philippines for a period of one (1) year;
(d) Travel tax exemption as provided under Presidential Decree No. 1183, Executive Order No.
283, and other allied laws; and
(e) Especially designated reception areas at the authorized ports of entry for the expeditious
processing of documents.

The privileges granted under this Act shall be in addition to the benefits enjoyed by the balikbayan under
existing laws, rules and regulations.

SECTION 4. Limitations on Tax-Free Purchases. - The tax-free purchases privilege shall be subject to the
following limitations:

(a) Purchases shall only be made in United States dollars or other acceptable foreign currencies;
(b) Purchases shall be made within forty-eight (48) hours from date of arrival;
(c) The privilege is nontransferable; purchases shall be made personally by the balikbayan for
himself;
 (d) The privilege can be availed of by a balikbayan only once a year;
(e) Only a balikbayan of majority age under Philippine laws can enjoy the privilege: Provided,
however, That minors shall continue to be entitled to purchase privileges not exceeding Two
hundred fifty United States dollars (US$250.00); and
(f) In addition to existing limitations on the number of consumables purchased, a balikbayan shall
be entitled to buy only one (1) item of every product category of non-consumables whose selling
price exceeds Two hundred United States dollars (US$200.00).

iii) Ledesma, pp 196-335

iv) Waivers, Conversion and Extension, Grace periods

b) Special Non-Immigrants: (Special Investor Resident Visa – P.D. 1623, Book V of the Ominibus
Investment Code, Special Resident Retirees Visa – E.O. 103, Offshore Banking Visa (P.D. 1034),
Regional HQS (Section 59, E.O. 226 as amended by R.A. 8756) Multiple Entry Special Visa – R.A.
8756, Sec. 47(a)(2), PIA, Special Visa for Employment Generation, TIEZA visa

c) Immigrants: Permanent Residents, Quota and Non-Quota Immigrants

i) Sections 13-14, PIA

IMMIGRANTS

SEC. 13. Under the conditions set forth in this Act, there may be admitted into the Philippines immigrants,
termed “quota immigrants” not in excess of five hundred of any one nationality or without nationality for
any one calendar year, except that the following immigrants, termed “nonquota immigrants,” may be
admitted without regard to such numerical limitations:
(a) An alien coming to prearranged employment, for whom the issuance of a visa has been authorized in
accordance with section twenty of this Act, and his wife, and his unmarried children under twenty-one
years of age, if accompanying him or if following to join him within a period of two years from the date of
his admission into the Philippines as an immigrant under this paragraph;
(b) The wife or the husband or the unmarried child under twenty-one years of age of a Philippine citizen, if
accompanying or following to join such citizen;
(c) A child of alien parents born during the temporary visit abroad of the mother, the mother having been
previously lawfully admitted into the Philippines for permanent resident, if the child is accompanying or
coming to join an parent and applies for admission within five years from the date of its birth;
(d) A child born subsequent to the issuance of the immigration visa of the accompanying parent, the visa
not having expired;
(e) A woman who was a citizen of the Philippines and who lost her citizenship because of her marriage to
an alien or by reason of the loss of Philippine citizenship by her husband, and her unmarried child under
twenty-one years of age, if accompanying or following to join her;
(f) The wife or the husband or the unmarried child under twenty-one years of age, of an alien lawfully
admitted into the Philippines for permanent residence prior to the date on which this Act becomes
effective and who is resident therein, if such wife, husband, or child applies for admission within a period
of two years following the date on which this Act becomes effective.

SEC. 14. The nationality of an immigrant whose admission is subject to the numerical limitations imposed
by section thirteen of this Act shall be that of the country of which the immigrant is a citizen or subject,
self-governing dominions being treated as separate countries. The nationality of an immigrant possessing
dual nationality may be that of either of the two countries regarding him as a citizen or subject if he
applies for a visa in a third country, but if he applies for such visa within one of the two countries
regarding him as a national, his nationality shall be that of the country in which he shall file his
application.

ii) Ledesma, pp 373-490

 iii) Temporary Resident Visa – Law Instruction No. 33 (8 June 1988)

d) Exit from the Country: Re-Entry: Sec. 22, PIA, Emigration Clearance Certificate, Sec. 22-A)

REENTRY PERMITS

SEC. 22. Any lawful resident alien about to depart temporarily from the Philippines who desires a reëntry
permit may apply to the Commissioner of Immigration for such permit. If the Commissioner finds that the
applicant has been lawfully admitted into the Philippines for permanent residence, he shall issue the
permit which shall be valid for a period not exceeding one year except that upon application for extension
and good cause therefor being shown by the applicant, it may be extended by the Commissioner for
additional periods not exceeding one year each. The Commissioner shall prescribe the form of permit.
Applications for the issuance or extension of permits shall be made under oath and in such form and
manner as the Commissioner shall by regulations prescribe.

4) DEPORTATION AND REMOVAL:

a) Grounds and Procedure for Deportation:

i) Sections 37-39, PIA

DEPORTATION OF ALIENS

SEC. 37. (a) The following aliens shall be arrested upon the warrant of the Commissioner of Immigration
or of any other officer designated by him for the purpose and deported upon the warrant of the
Commissioner of Immigration after a determination by the Board of Commissioners of the existence of the
ground for deportation as charged against the alien:
(1) Any alien who enters the Philippines after the effective date of this Act by means of false and
misleading statements or without inspection and admission by the immigration authorities at a designated
port of entry;
(2) Any alien who enters the Philippines after the effective date of this Act, who was not lawfully
admissible at the time of entry;
(3) Any alien who, after the effective date of this Act, is convicted in the Philippines and sentenced for a
term of one year or more for a crime involving moral turpitude committed within five years after his entry
to the Philippines, or who, at any time after such entry, is so convicted and sentenced more than once;
(4) Any alien who is convicted and sentenced for a violation of the law governing prohibited drugs;
(5) Any alien who practices prostitution or is an inmate of a house of prostitution or is connected with the
management of a house of prostitution, or is a procurer;
(6) Any alien who becomes a public charge within five years after entry from causes not affirmatively
shown to have arisen subsequent to entry;
(7) Any alien who remains in the Philippines in violation of any limitation or condition under which he was
admitted as a nonimmigrant;
(8) Any alien who believes in, advises, advocates or teaches the overthrow by force and violence of the
Government of the Philippines, or of constituted law and authority, or who disbelieves in or is opposed to
organized government or who advises, advocates, or teaches the assault or assassination of public officials
because of their office, or who advises, advocates, or teaches the unlawful destruction of property, or who
is a member of or affiliated with any organization entertaining, advocating or teaching such doctrines, or
who in any manner whatsoever lends assistance, financial or otherwise, to the dissemination of such
doctrines.

(b) Deportation may be effected under clauses 2, 7, and 8, of paragraph (a) of this section at any time
after entry, but shall not be effected under any other clause unless the arrest in the deportation
proceedings is made within five years after the cause for deportation arises. Deportation under clauses 3
and 4 shall not be effected if the court, or judge thereof, when sentencing the alien, shall recommend to
the Commissioner of Immigration that the alien be not deported.
(c) No alien shall be deported without being informed of the specific grounds for deportation nor without
being given a hearing under rules of procedure to be prescribed by the Commissioner of Immigration.
(d) In any deportation proceeding involving the entry of an alien the burden of proof shall be upon the
alien to show that he entered the Philippines lawfully, and the time, place, and manner of such entry, and
for this purpose he shall be entitled to a statement of the facts in connection with his arrival as shown by
any record in the custody of the Bureau of Immigration.
(e) Any alien under arrest in a deportation proceeding may be released under bond or under such other
conditions as may be imposed by the Commissioner of Immigration.

SEC. 38. An alien ordered deported shall, at the option of the Commissioner of Immigration, be removed
to the country whence he came, or to the foreign port at which he embarked for the Philippines, or to the
country of his nativity or of which he is a citizen or subject, or to the country in which he resided prior to
coming to the Philippines.

SEC. 39. If deportation proceedings are instituted within five years after entry, unless deportation is made
by reason of causes which arose subsequent to the alien’s entry, the cost of deportation from the port of
deportation shall be at the expense of the owner or owners of the vessel by which the alien came; if that
is not practicable, in such case and in all other cases, the cost of deportation shall be payable from the
appropriations available for the purpose.

ii) Ledesma, pp 607-940

b) Mission Order

E.O. 287, s. 2000

SECTION 1. Authority to Issue Mission Orders for Verification and Investigation of Suspected Illegal
Aliens– Upon a well-founded and reasonable determination by the Commissioner of Immigration, based on
available and verifiable civilian, immigration, or military intelligence reports, that an alien has committed,
is actually committing or is about to commit an act or omission in violation of immigration laws, rules and
regulations, or in violation of Philippine laws, rules and regulations, which may constitute grounds for
deportation, the Commissioner of Immigration or in his absence, the Acting Commissioner of Immigration
is hereby authorized, in the interest of national security, public health, public safety and/or national
interests, to issue a mission order directing appropriate officers of the Bureau of Immigration, whether
organic or on detail, to conduct verification and investigation operations against the alien or aliens
concerned, and if probable cause exists, to effect a warrantless arrest of such alien or aliens in accordance
with Section 5, Rule 113 of the Rules of Court, if found in flagrante violating Philippine Immigration laws.

SEC. 2. Submission of Reports to the President – The Commissioner of Immigration shall furnish the
Office of the President a monthly report of deported aliens with their nationalities and the grounds for
their deportation, copy furnished the Secretary of Justice.

Lao Gi v. CA – Commissioner has jurisdiction over deportation of aliens but due process must be
observed.

Chia Jr. was made a Filipino citizen by virtue of Opinion by the SoJ. This was revoked when his father’s
citizenship was cast aside due to fraud and misrepresentation. Charges of deportation were filed against
the Chias—alleged that they refused to register as aliens and that they committed acts of undesirability.
The Chias said that the CID has no authority to deport them. SC said CID has jurisdiction (Sec. 37 of
Immigration Act), however, hearing must be continued to determine if they are really aliens. Under
Immigration Act, there must be a determination of the existence of the ground charged, particularly illegal
entry into the country. Only after the hearing can the alien be deported. Also, there must be a positive
finding from the CID, in the exercise of police power to protect the state from undesirable aliens injurious
to the public good, that they are aliens before compelling them to register as such. Since the deportation
is a harsh process, due process must be observed. The acts or omissions that they are charged of must be
in ordinary language for the person to be informed and for the CID to make a proper judgment. Also, the
warrants of arrest must be in accordance with the rules on criminal procedure.

Gatchalian v. BOC – At issue is William Gatchalian’s citizenship and deportation. SC ruled that Gatchalian
is a Filipino citizen under the Constitution and is not an undesirable alien injurious to the public good, and
therefore not subject to deportation.

First, the action has prescribed. Sec. 39 of the Immigration Act: deportation proceedings should be
instituted within 5y. It took petitioners 28y since the BOC decision was rendered before they commenced
deportation/exclusion proceedings against Gatchalian in 1990.

Second, assuming Gatchalian is alien, he is not undesirable. The power to deport an alien is an act of the
State—a police measure against undesirable aliens whose presence in the country is found to be injurious
to the public good and domestic tranquility of the people. Gatchalian, in helping the PH economy by
providing employment to some 4k people, cannot be summarily deported when the government, in its
concerted drive to attract foreign investors, grants Special Resident Visa to any alien who invest at least
US $50k in the country. Even assuming arguendo that respondent is an alien, his deportation under the
circumstances is unjust and unfair, if not downright illegal.

Dalamal v. Deportation Board – In this case, SC ruled that President, through a Deportation Board,
CANNOT issue a warrant of arrest against an alien in the course of his investigation, with a view to
determining if he was liable for deportation. Strict implementation of Constitutional provision on the
issuance of warrant only by the judge.

Dalamal, a British subject, and other aliens were charged of violating Central Bank Rules and Regulations
before the Deportation Board in a complaint filed by DoJ.

(Not in case but note: HOWEVER, the Commissioner has the power to issue a warrant of arrest, in
connection with Sec. 40 Immigration Act that he has the power to exact bonds to insure the appearance of
aliens released from custody during the course of deportation proceedings.)

c) Nature of Deportation

Harvey v. Santiago – In this case, the warrants of arrest and deportation were valid. SC again reiterated
that deportation is an act of State.

Americans Harvey, et al (suspected pedophiles) were arrested in their residences.

The arrest was based on the probable cause determined after close surveillance of 3 mos (found naked
boys in rooms). The existence of probable cause justified the arrest and incidental seizure of articles
(photos of naked kids, etc; admissible as evidence). The deportation charges instituted by the
Commissioner are in accordance with the Immigration Act w/c provides that aliens shall be arrested and
deported upon warrant after a determination of the existence of a ground.

Tan Tong v. DB – Under Admin Code, if there is already conviction in a court for violation of law, there is
no need for deportation proccedings and hearing; President may immediately order the deportation. But if
not yet convicted, the proccedings may proceed. Also, an alien found to be guilty of smuggling or illegal
importation may be deported.

Tan Tong was originally charged before the BoI with being a communist, subject to deportation. The
Board of Commissioners found that Tan Tong was engaged in communistic activities & in smuggling of
American cigs, and so it recommended that Tan Tong be deported to China & that his smuggling activities
be referred to the OP under Section 69 Revised Admin Code. Tan Tong filed MTQ on the ground that he is
already being investigated by the BoI and that smuggling is not subject to deportation proceedings.
Domingo v. Scheer – In this case, the BOC violated the right of Scheer to procedural due process in the
former’s summary deportation order of the latter. BOC ordered the private respondent's deportation
without even conducting summary deportation proceedings. The BOC merely relied on the Letter of the
German Vice Consul and of the German Embassy's Note. BOC issued the Summary Deportation allegedly
under a Memorandum Order which reads:
If a foreign embassy cancels the passport of the alien, the alien loses the privilege to remain in the
country. The automatic loss of the privilege obviates deportation proceedings. In such instance, BoC may
issue summary judgment of deportation which shall be immediately executory.
The respondent was not afforded any hearing at all. The BOC simply concluded that the respondent
committed insurance fraud and illegal activities in Palawan without any evidence. The respondent was not
afforded a chance to refute the charges. He cannot, thus, be arrested and deported without due process of
law as required by the Bill of Rights.

Ting v. US – In controversial fashion, the US SC, in a Majority Opinion, declared that the power of “every
sovereign nation” to deport noncitizens was “as absolute and unqualified as the right to prohibit and
prevent their entrance into the country.” There was no reason, therefore, why Congress might not add
requirements for immigrants already residing in the country.

Fong Yue Ting applied to the collector of revenue for a certificate of residence, as required by Chinese law
and Geary Act. The collector of revenue denied because: Yue Ting was unable to produce non-Chinese
witnesses to prove that he was entitled to the certificate, and the collector deemed Chinese witnesses not
to be credible. Yue Ting was arrested and deported after he failed to produce a credible white witness as
required by statute. Yue Ting petitioned for a writ of habeas corpus, and says his right to due process is
violated. SC granted certiorari on a consolidated appeal with two similar cases.

Dwikarna v. Domingo – Dwikarna and other Indonesian nationals were apprehended at NAIA after being
caught possessing C4 explosives upon X-ray screening of their luggage. In addition to a criminal case, a
deportation case was filed against them for violating the Immigration Act. On the deportation case against
him, resort to court is proper only after rendered decision by the BoC of BI. This agency can best
determine whether petitioner violated the Immigration Act.

By reason of the special knowledge and expertise of administrative departments, they are in a better
position to pass judgment and their findings of fact in that regard are generally accorded respect, if not
finality. If petitioner is dissatisfied with the BI decision, he can move for its reconsideration. If his motion
is denied, then he can elevate his case by way of a petition for review before the CA (Rule 43).

Commissioner v. Fernandez –

Mison v. Gallegos – In this case, Ku, who was issued a summary deportation order, committed forum
shopping when he filed a petition for writ of amparo. SC said being the subject of a Warrant of
Deportation and a Summary Deportation Order, Ku’s proper recourse is with the BI and, thereafter, with
the DOJ and the OP. Ku knows this and, in fact, he filed a MR before the BI and an Appeal before the OP.
When Ku, however, injudiciously filed a Petition for the Issuance of a Writ of Amparo, he committed forum
shopping by seeking a remedy which he had already solicited from another tribunal. Also, writ of amparo
should not have been issued because claims of violations of right to life, liberty, and security were
violated.

The Embassy of the Republic of Korea wrote a Letter-Request to BI Chair Mison for the immediate arrest
and deportation of Ja Hoon Ku to Korea for being an undesirable alien. Pursuant to Summary Deportation
Order, Ku was arrested and detained at the BI detention center.

Ku filed a Petition for the Issuance of a Writ of Amparo with Interim Remedies. Judge Gallegos granted the
petition.

d) Bail

Rodriguez v. Bonifacio - Assuming that there was indeed a valid contempt charge filed against herein
complainant, the validity of the charge will not extricate respondent judge from his predicament. The
records disclose that the Return of the Writ stated that a Charge Sheet was filed against Ma Jing for
violation of Section 37 [a] (7) of the PIA. Despite this, respondent judge issued an Order directing Ma
Jing’s immediate release. It was grievous error for respondent judge, in the face of these factual
circumstances, to give due course to the petition for habeas corpus despite the pendency of a deportation
case against Ma Jing. Where the BID had not yet completed its hearing and investigation proceedings with
respect to an alien and there is no showing that it is unduly delaying its decision, habeas corpus
proceedings are premature and should be dismissed. Along the same vein, when an alien is detained by
the BID pursuant to an order of deportation, as in this case where a Summary Deportation Order had
already been issued by the BID, RTCs have no power to release the said alien on bail even in habeas
corpus proceedings, because there is no law authorizing it.

Kiani v. BID - In this case, when petitioner filed her Petition for Habeas Corpus with the RTC in behalf of
her husband, a Charge Sheet had already been filed against him for violation of Section 37(a)(7) and
Section 45 of the Philippine Immigration Act of 1940, as amended. The filing of the Charge Sheet before
the BSI cured whatever irregularities or infirmities were attendant to his arrest. The remedy of petitioner
was to file a motion for the dismissal of the Charge Sheet and the Mission Order of the Immigration
Commissioner, not a petition for a writ of habeas corpus before the RTC. The RTC had no authority to
nullify the Mission Order issued by the Immigration Commissioner, much less set aside the arrest
of Javed Kiani.

e) Cancellation of Visa: (Sec. 23, PIA)

CANCELLATION OF ENTRANCE DOCUMENTS FOR FRAUD

SEC. 23. An immigration visa, or a passport visa, or a Reentry Permit, obtained by fraud or willful
misrepresentation of fact shall be subject to cancellation by the issuing officer or by the Board of
Commissioners.

f) Removal (Sec. 43, PIA)

REMOVAL OF INDIGENT ALIENS

SEC. 43. The Commissioner of Immigration shall have the authority to remove either to their native
country, or to the country from whence they come, or to the country of which they are citizens or
subjects, at any time after entry, at the expense of any appropriation available, such aliens as fall into
distress or need public aid from causes arising subsequent to their entry and are desirous of being so
removed, but any person thus removed shall forever be ineligible for readmission except, upon the
authorization of the Board of Commissioners obtained previous to embarkation for the Philippines.

g) Blacklist Orders:

5) REGISTRATION: R.A. 562 (Applicable cases)

 ALIEN REGISTRATION ACT

Section 1. Aliens residing in the Philippines shall, within thirty days after the approval of this Act, apply
for registration, in the case of those residing in the City of Manila, at the Bureau of Immigration, and in
the case of those residing in other localities, at the offices of the city or municipal treasurers, or at any
other office designated by the President.

The parent or legal guardian of an alien who is less than fourteen years of age, shall have the duty of
registering such alien: Provided, That whenever any such alien attains his fourteenth birthday in the
Philippines he shall, within fifteen days thereafter, apply in person for registration.

No accredited official of a foreign government recognized by the Republic of the Philippines, or member of
his official staff and family, shall be required to be registered.

Sec. 2. The Commissioner of Immigration, with the approval of the Department Head, is authorized to
prescribe such rules and regulations as may be necessary for carrying out the provisions of this Act,
including the registration of alien seamen, aliens confined in institutions in the Philippines, aliens under
orders of deportation, and aliens of any other class not lawfully admitted into the Philippines for
permanent residence, and from time to time, always with the approval of the Department Head, to amend
such rules and regulations.

All registration records of every alien shall be forwarded for file and record to the Bureau of Immigration.

Sec. 3. The Commissioner of Immigration shall prepare forms for the registration of aliens under this
Act. Such forms shall contain the name, age, date and place of birth, citizenship, civil status, and if
married, name of spouse, number and age of children, if any, of the alien, his residence both permanent
and temporary, occupation, particulars of the date and place of entry of such alien into the Philippines,
activities in which he has been and intends to engage, the length of time he expects to remain in the
Philippines, his criminal record, if any, and such additional matters as may be prescribed by the
Commissioner of Immigration. The forms shall also call for presentation of passport size photographs of
the alien to be registered, one of which shall be attached to his registration record, to be forwarded to the
Bureau of Immigration, one to be retained for the record of the official before whom registration is
effected, and one to his certificate of registration as hereinafter provided.

Every person required to apply for the registration of himself or another shall submit under oath the
information required for such registration. Any person authorized to register aliens is empowered to
administer oaths for such purpose.

Sec. 4. Every alien to be registered, except those less than fourteen years of age, shall pay fifty pesos
as registration fee. As evidence of such registration, a certificate shall be issued which shall contain the
name, age, date and place of birth, civil status, local residence, occupation and photograph of the alien,
and such other data with respect to him, as may be prescribed by the Commissioner of Immigration.

Sec. 5. Any alien registered shall notify the corresponding official charged with his registration in writing
of any change of residence and new address, twenty-four hours before such change. In the case of an
alien for whom a parent or legal guardian is required to apply for registration, the notices required by this
section shall be given by such parent or legal guardian.

Sec. 6. Any alien required to apply for registration who fails or refuses to make such application, and
any parent or legal guardian required to apply for the registration of any alien who fails or refuses to file
application for the registration of such alien shall be punished by a fine of not exceeding five thousand
pesos, or imprisonment for not more than one year, or both.

Any alien, or any parent or legal guardian of any alien, who fails to give the written notice required by
section five of this Act shall be punished by a fine not exceeding one thousand pesos, or imprisonment for
nor more than six months, or both.

Any alien, or any parent or legal guardian of any alien, who files an application for registration containing
statements known by him to be false, or who procures or attempts to procure registration of himself or
another person through fraud, or who utilizes a registration certificate other than his own, shall be
punished by a fine not exceeding five thousand pesos, or imprisonment for not more than one year, or
both; and any alien so convicted within five years after entry into the Philippines shall be deported upon
order of the President.

Sec. 7. Every alien subject to the provisions of this Act shall, on demand of any immigration official, or a
member of the Philippine Constabulary, police, or other peace officer, exhibit his certificate of registration.
In the case of an alien for whom a parent or legal guardian has applied for the registration of such alien,
the exhibition of the certificate herein required shall be made by such parent or legal guardian. Every
alien, or parent or legal guardian of such alien, violating this section shall be punished by a fine not
exceeding two hundred pesos, or imprisonment for not more than thirty days, or both.

Sec. 8. Any alien registered under this Act about to depart from the Philippines shall surrender his
certificate of registration to the official charged with his registration at least twenty-four hours before his
departure. Upon surrendering said certificate said alien shall be issued a clearance certificate showing that
he has ceased to be a resident of the Philippines, unless the alien is duly provided with a reentry permit
issued by the Commissioner of Immigration in accordance with the provisions of the Immigration Law.

Sec. 9. If an alien registered under this Act who is without alien clearance certificate prescribed in the
next preceding section is accepted as passenger in any vessel departing from the Philippines, the master,
agent, owner, or consignee of said vessel be subject to an administrative fine of not more than one
thousand pesos. The Collector of Customs shall collect such fine and may enforce its payment against the
vessels in the same manner as fines are collected and enforced against vessels under the Customs Law.

Section 10. Every alien subject to the provisions of this Act shall, within the first sixty days of every
calendar year, report in person to the Bureau of Immigration, if residing in the City of Manila, or to the
office of the respective city or municipal treasurer, if residing in another locality. The official in charge
shall thereupon make a proper notation to that effect on the registration certificate, to which notation a
fifty-centavo documentary stamp furnished by the alien shall be affixed. The parent or legal guardian of
an alien who is less than fourteen years of age; shall have the duty of reporting for such alien: Provided,
That whenever any such alien attains his fourteenth birthday in the Philippines, he shall thereafter report
in person and furnish the required fifty-centavo documentary stamp once a year within the period and at
the place above designated.

Failure to make the report herein required shall cause the cancellation of the corresponding registration
certificate.

Section 11. In case of emergency, the President may assign all or any of the functions connected with
the registration of aliens required under this Act to any office or officer he may designate.

Section 12. There is authorized to be appropriated, out of any funds in the National Treasury not
otherwise appropriated, the sum of one hundred thousand pesos, or so much thereof as may be
necessary, which shall be disbursed by the Commissioner of Immigration, with the approval of the
President, for the payment of salaries, and wages of such temporary employees as may be necessary, and
for sundry and incidental expenses to be incurred for carrying out the provisions of this Act.

Section 13. This Act shall take effect upon its approval.

6) CITIZENSHIP (Natural Born and Naturalized Citizens, Judicial and Administrative Naturalization)

a) Who are Filipino Citizens?

i) Art IV, 1987 Constitution

Section 1. The following are citizens of the Philippines:

[1] Those who are citizens of the Philippines at the time of the adoption of this Constitution;
[2] Those whose fathers or mothers are citizens of the Philippines;

[3] Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon
reaching the age of majority; and

[4] Those who are naturalized in accordance with law.

Section 2. Natural-born citizens are those who are citizens of the Philippines from birth without having to
perform any act to acquire or perfect their Philippine citizenship. Those who elect Philippine citizenship in
accordance with paragraph (3), Section 1 hereof shall be deemed natural-born citizens.

Section 3. Philippine citizenship may be lost or reacquired in the manner provided by law.

Section 4. Citizens of the Philippines who marry aliens shall retain their citizenship, unless by their act or
omission, they are deemed, under the law, to have renounced it.

Section 5. Dual allegiance of citizens is inimical to the national interest and shall be dealt with by law.

ii) Ledesma, pp 1083-1548

b) By Birth: (Sec 2, Art IV, 1987 Constitution, jus soli v. jus sanguinis)

Jus soli – law of the soil; a person’s nationality at birth is determined by the place of birth

Jus sanguinis – law of the blood; at birth, an individual acquires the nationality of his/her natural parent/s.
PH adheres to this principle

c) By Election:

d) Naturalization: (C.A. 473, LOI 270)

e) By Marriage: (C.A. 473, Sec 15)

Section 15. Effect of the naturalization on wife and children.—Any woman who is now or may hereafter
be married to a citizen of the Philippines, and who might herself be lawfully naturalized shall be deemed a
citizen of the Philippines.

Lim Yao v Commissioner - Lau Yuen Yeung, an alien visiting the Philippines, whose authorized stay in
the Philippines was to expire, claims herself to be lawfully naturalized upon her marriage to a Filipino
citizen. Solicitor General opposes the ground that the marriage of the alien to a Filipino citizen does not
automatically confer on the latter Philippine citizenship. Plaintiff-appellant does not possess all the
qualifications required for applicant for naturalization (CA 473), even she has proven that she possesses
none of the disqualifications in said law. An alien woman, upon her marriage to a Filipino citizen, becomes
lawfully naturalized ipso facto, provided that she does not possess all of the disqualifications enumerated
in CA 473. (Sec. 15 and 4)

Yap v Republic - The absence of the disqualifications provided by law is part and parcel of the case for
naturalization, and petitioner has the burden of proving such absence affirmatively, in addition to his
possession of the positive qualifications required by the statute.
 f) Repatriation: (R.A. 965, R.A. 2639, P.D. 725, R.A. 8171)

R.A. 965 - AN ACT PROVIDING FOR REACQUISITION OF PHILIPPINE CITIZENSHIP BY PERSONS WHO
LOST SUCH CITIZENSHIP BY RENDERING SERVICE TO, OR ACCEPTING COMMISSION IN, THE ARMED
FORCES OF AN ALLIED FOREIGN COUNTRY, AND TAKING AN OATH OF ALLEGIANCE INCIDENT THERETO

Section 1. Any person who, being a citizen of the Philippines on December eight, nineteen hundred
forty-one, had lost said citizenship by rendering service to, or accepting commission in, the armed forces
of an allied foreign country, and taking an oath of allegiance incident thereto, may reacquire Philippine
citizenship by taking an oath of allegiance to the Republic of the Philippines and registering the same with
the Local Civil Registry in the place where he resides or last resided in the Philippines within one year from
the date of the approval of this Act. The said oath of allegiance shall contain, in addition, a renunciation of
any other citizenship.

R.A. 2639 - AN ACT TO AMEND SECTION ONE OF CA 63, RELATING TO LOSS OF CITIZENSHIP.

Section 1. Section one of Commonwealth Act Numbered Sixty-three, as amended by Republic Act
Numbered One hundred six, is further amended by adding at the end thereof the following paragraph:

"The provisions of this section notwithstanding, the acquisition of citizenship by a natural born Filipino
citizen from one of the Iberian and any friendly democratic Ibero-American countries shall not produce
loss or forfeiture of his Philippine citizenship if the law of that country grants the same privilege to its
citizens and such had been agreed upon by treaty between the Philippines and the foreign country from
which citizenship is acquired."

P.D. 725 - PROVIDING FOR REPATRIATION OF FILIPINO WOMEN WHO HAD LOST THEIR PHILIPPINE
CITIZENSHIP BY MARRIAGE TO ALIENS AND OF NATURAL BORN FILIPINOS

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers in me
vested by the Constitution, do hereby decree and order that: 1) Filipino women who lost their Philippine
citizenship by marriage to aliens; and (2) natural born Filipinos who have lost their Philippine citizenship
may require Philippine citizenship through repatriation by applying with the Special Committee on
Naturalization created by Letter of Instruction No. 270, and, if their applications are approved, taking the
necessary oath of allegiance to the Republic of the Philippines, after which they shall be deemed to have
reacquired Philippine citizenship. The Commission on Immigration and Deportation shall thereupon cancel
their certificate of registration.

R.A. 8171

The only persons entitled to repatriation under RA 8171 are the following:

• Filipino women who lost their Philippine citizenship by marriage to aliens; and
• Natural-born Filipinos including their minor children who lost their Philippine citizenship on account
of political or economic necessity.

g) Passport Law: (R.A. 8239)

7) RECOGNITION (R.A. 9225 compared to C.A. 63, P.D. 725, R.A. 8171)
 a) Acquistion and Loss of Citizenship

Labo v. COMELEC - Lardizabal asserts that Labo is an Australian citizen hence disqualified as Mayor; that
he was naturalized as an Australian after he married an Australian. SC said Labo did not question the
authenticity of evidence presented against him. He was naturalized as an Australian in 1976. It was not
his marriage to an Australian that made him an Australian. It was his act of subsequently swearing by
taking an oath of allegiance to the government of Australia. He did not dispute that he needed an
Australian passport to return to the Philippines in 1980; and that he was listed as an immigrant here. It
cannot be said also that he is a dual citizen. Dual allegiance of citizens is inimical to the national interest
and shall be dealt with by law. He lost his Filipino citizenship when he swore allegiance to Australia. He
cannot also claim that when he lost his Australian citizenship, he became solely a Filipino. To restore his
Filipino citizenship, he must be naturalized or repatriated or be declared as a Filipino through an act of
Congress – none of this happened.

Mercado v. Manzano - The court ruled that the phrase "dual citizenship" in R.A. 7160 Sec. 40 (d) and
R.A. 7854 Sec. 20 must be understood as referring to dual allegiance. Dual citizenship is different from
dual allegiance. The former arises when, as a result of the application of the different laws of two or more
states, a person is simultaneously considered a national by the said states. Dual allegiance on the other
hand, refers to a situation in which a person simultaneously owes, by some positive act, loyalty to two or
more states. While dual citizenship is involuntary, dual allegiance is a result of an individual's volition.
Article IV Sec. 5 of the Constitution provides "Dual allegiance of citizens is inimical to the national interest
and shall be dealt with by law."

AASJS v. Datumanong – RA 9225 is constitutional. What Rep. Act No. 9225 does is allow dual
citizenship to natural-born Filipino citizens who have lost Philippine citizenship by reason of their
naturalization as citizens of a foreign country. On its face, it does not recognize dual allegiance. By
swearing to the supreme authority of the Republic, the person implicitly renounces his foreign citizenship.
Plainly, from Section 3, Rep. Act No. 9225 stayed clear out of the problem of dual allegiance and shifted
the burden of confronting the issue of whether or not there is dual allegiance to the concerned foreign
country. What happens to the other citizenship was not made a concern of Rep. Act No. 9225.

b) Special Committee on Naturalization (SCN, R.A. 9139)

Section 6. Special Committee on Naturalization. - There shall be constituted a Special Committee on

Naturalization herein referred to as the "Committee", with the Solicitor General as chairman, the Secretary
of Foreign Affairs, or his representative, and the National Security Adviser, as members, with the power to
approve, deny or reject applications for naturalization as provided in this Act.
The Committee shall meet, as often as practicable, to consider applications for naturalization. For this
purpose, the chairman and members shall receive an honorarium of Two thousand pesos (P2,000.00) and
One thousand five hundred pesos (P1,500.00), respectively, per meeting attended.

Section 7. Powers/Functions of the Special Committee on Naturalization. - An alien who believes that he
has all the qualifications, and none of the disqualifications, may file an application for naturalization with
the secretariat of the Special Committee on Naturalization, and a processing fee of Forty thousand pesos
(P40,000.00). Thereafter, the petition shall be stamped to indicate the date of filing and a corresponding
docket number. Within fifteen (15) days from the receipt of the petition, the Committee shall determine
whether the petition is complete in substance and in form. If such petition is complete, the Committee
shall immediately publish pertinent portions of the petition indicating the name, qualifications and other
personal circumstances of the applicant, once a week for three (3) consecutive weeks in a newspaper of
general circulation, and have copies of the petition posted in any public or conspicuous area. The
Committee shall immediately furnish the Department of Foreign Affairs (DFA), the Bureau of Immigration
(BI), the civil registrar of the petitioner's place of residence and tile National Bureau of Investigation (NBI)
copies of the petition and its supporting documents. These agencies shall have copies of the petition
posted in any public or conspicuous area in their buildings, offices and premises, and shall, within thirty
(30) days from the receipt of the petition, submit to the Committee a report stating whether or not
petitioner has any derogatory record on file or any such relevant and material information which might be
adverse to petitioner's application for citizenship.

If the petition is found by the Committee to be wanting in substance and form, the petition shall be
dismissed without prejudice.

Section 8. Approval or Disapproval of the Petition. - Within sixty (60) days from receipt of the report of
the agencies which were furnished a copy of the petition or the date of the last publication of the petition,
whichever comes in later, the Committee shall consider and review all relevant and material information it
has received pertaining to the petition, and may, for the purpose call the petitioner for interview to
ascertain his/her identity, the authenticity of the petition and its annexes, and to determine the
truthfulness of the statements and declarations made in the petition and its annexes.
If the Committee shall have received any information adverse to the petition, the Committee shall allow
the petitioner to answer, explain or refute the information.

Thereafter, if the Committee believes, in view of the facts before it, that the petitioner has all the
qualifications and none of the disqualifications required for Philippine citizenship under this Act, it shall
approve the petition and henceforth, notify the petitioner of the fact of such approval. Otherwise, the
Committee shall disapprove the same.

Section 9. Decree of Naturalization and Naturalization Processing Fee. -Within thirty (30) days from the
receipt of the notice of the approval of his/her petition, the applicant shall pay to the Committee a
naturalization fee of One hundred thousand pesos (P100,000.00) payable as follows: Fifty thousand pesos
(P50,000.00) upon the approval of the petition and Fifty thousand pesos (P50,000.00) upon the taking of
the oath of allegiance to the Republic of the Philippines, forthwith, a certificate of naturalization shall be
issued. Within sixty (60) days from the issuance of the certificate, the petitioner shall take an oath of
allegiance in the proper forum upon proof of payment of the required naturalization processing fee and
certificate of naturalization. Should the applicant fail to take the abovementioned oath of allegiance within
said period of time, the approval of the petition shall be deemed abandoned.

The Special Committee on Naturalization (SCN) has jurisdiction over petitions for acquisition of Philippine
Citizenship by administrative proceedings in accordance with Republic Act No. 9139 (RA No. 9139),
otherwise known as "The Administrative Naturalization Law of 2000."

• Composition of the Special Committee on Naturalization

o Solicitor General - SCN Chairman;
o Secretary of Foreign Affairs or his representative - Member; and
o National Security Adviser – Member
• Powers of the Special Committee on Naturalization
o Approve, deny or reject applications for naturalization;
o Administer the oath of allegiance;
o Issue the Certificate of Naturalization;
o Cancel the Certificate of Naturalization; and
o Promulgate rules and regulations for the proper implementation of RA No. 9139.

c) Alien Social Integration Act (R.A. 7919)

SECTION 1. Title. – This Act shall be known as The Alien Social Integration Act of 1995.”

SEC. 2. Declaration of Policy. – The State shall control and regulate the admission and integration of aliens
into its territory and body politic. Towards this end, aliens with unlawful residence status shall be
integrated into the mainstream of Philippine Society subject to national security and interest, and in
deference to internationally recognized human rights.
SEC. 3. Coverage. – Upon effectively of this Act, all aliens whose stay in the Philippines is otherwise illegal
under existing laws, and who have entered the country prior to June 30, 1992, including those who
availed in good faith of the benefits of Executive Order No. 324 whose applications have been approved
before or after November 21, 1988, are hereby granted legal residence status upon compliance with the
provisions of this Act, and shall not be prosecuted for crimes defined under Commonwealth Act No. 613,
otherwise known as the Immigration Act of 1940, which are inherent to illegal residence such as the
absence of valid travel documents or visa: Provided, That in no case shall alien refugees in the Philippines
be qualified to apply under this Act.

The bar to prosecution shall apply only to such crimes or felonies committed due to acts necessary or
essential to maintain a false or fraudulent or illegal residence, such as falsification of marriage, birth or
baptismal certificates or travel documents, visas or alien certificates of registration.

SEC. 4. Integration Requirements and Fees. – The social integration of aliens established under Section 3
shall be effective and its benefits enjoyed by illegal residents upon completion of all the following acts:

4.1. Filing of registration forms with the following agencies: (1) the civil register of his place of residence;
(2) the Bureau of Internal Revenue (BIR); (3) the Bureau of Immigration; (4) the National Bureau of
Investigation (NBI); and (5) the commercial or universal bank to which the alien pays the integration fee
as hereafter provided.
In lieu thereof, the filing of registration forms may be done in five (5) sets with a commercial or universal
bank certified by the BIR as authorized collectors for income tax.

4.2. The registration forms shall contain the applicant’s full name and one alias by which he may be
known; proof of his identity, good moral character and financial capacity through affidavits from two (2)
Filipino citizens of good reputation in his/her place of residence; history of stay in the Philippines;
residential address for the immediate past five (5) years; four (4) passport size pictures and a complete
fingerprint card for each of the agencies mentioned in 4.1, including his/her most recent dental records
which shall be submitted to the NBI.

4.3. Payment of the integration fees to any duly licensed commercial or universal bank accredited by the
BIR as authorized to receive income tax payments in the following amounts:

4.3.1. One hundred thousand pesos (P100.000) upon filing of the registration forms with the bank plus
Fifty thousand pesos (P50,000) per year over a three-year period from the payment of the first
installment. The subsequent three (3) installment payments should be paid within twelve (12) months
from the date of the first payment without any extensions: Provided, That the payments made by those
who availed of the benefits of Executive Order No. 324 whose applications were approved before or after
November 20, 1988 shall be credited to their favor.
In lieu of the above installment payments, the applicant may immediately pay Two hundred thousand
pesos (P200, 000).

4.3.2. A single payment of Fifty thousand pesos (P50,000) for the spouse and Twenty-five thousand pesos
(P25.000) for each legitimate child below eighteen (18) years of age.

4.3.3. Children born after June 30, 1992 of parents who received the benefits of this Act shall, upon
proper registration with the Bureau of Immigration, become legal residents.

4.3.4. The integration fees paid by an alien shall be in lieu of all immigration fees and fines said alien may
have incurred during his unlawful residence in the country.

4.4. Submission of a medical certificate stating that the applicant is not a user of prohibited drugs or
otherwise a drug addict and that he is not afflicted with Acquired Immune Deficiency Syndrome (AIDS).

SEC. 5. Official Receipt. – The commercial or universal bank shall issue an official receipt acknowledging
receipt of the integration fee, upon payment by the applicant of a processing fee of One thousand pesos
(P1.000). In the event registration was effected under paragraph 2 of subsection 4.1, the bank shall
furnish copies of the registration documents to the following agencies: (1) the civil register of the
applicant’s place of residence; (2) the BIR; and (3) the NBI. Thereafter, the bank shall issue a certification
to this effect in favor of the applicant.

SEC. 6. Duties of the Bureau of Immigration. – Upon presentation by the applicant of the official receipt
from the bank, together with a certification from the bank or the agency concerned, as the case may be
that the civil registrar, BIR and NBI received copies of the registration forms, and the submission to the
Bureau of Immigration of the registration forms defined in Section 4.2 hereof, the Bureau of Immigration
shall immediately issue an alien certificate of registration (ACR) to the applicant. The legal residence
granted under this Act shall commence from the date the Bureau of Immigration issues the ACR.
The Bureau of Immigration shall publish, at the applicant’s cost, the names ages, addresses, and a
photograph of each of the applicants in a national newspaper of general circulation at the end of each
calendar month during the effectivity of the application period, as hereinafter provided in Section 8. The
banks authorized under this Act to collect the fees h rein required shall collect a publication fee of Five
thousand pesos (P5,000) from the applicant.

SEC. 7. Ministerial Duty of the Civil Registrar, the BIR and the NBI. – The civil registrar, the BIR and the
NBI shall have the ministerial duty to accept the registration forms required under Section 4. Each of
these agencies may charge no more than One hundred pesos (P100) for the filing of the registration
forms. Upon payment of the filing fee, the agency concerned shall issue a certification that the alien has
filed with said office by himself/herself or through the bank, all the forms required under Section 4.

SEC. 8. Application Period. – The benefits extended by Section 3 can be availed of from June 1, 1995 to
December 31, 1996.

SEC. 9. Administrative Confirmation. – The procedure herein, provided may be availed of by any alien who
may want a confirmation or affirmation of his stay in the Philippines.

SEC. 10. Eligibility for Citizenship. – Aliens granted legal residence under this Act shall be eligible to-apply
for naturalization after five (5) years from the approval of his/her application.

SEC. 11. Compliance Report and Oversight Functions. – The Bureau of Immigration shall submit to the
chair of the committees on justice of each chamber of Congress, copy furnished the Senate President and
the Speaker of the House of Representatives, a written report on the developments in the implementation
of this Act on November 30, 1995, May 31, 1996, November 30, 1996, and May 31, 1997 for purposes of
oversight functions.

SEC. 12. Perjury. – The registration forms, together with the proof required therein, shall be supported by
affidavits of two (2) Filipino citizens of good reputation in the applicant’s place of residence.
All applications shall be under oath or affirmation, which oath or affirmation shall be required for their
registration. Applicants who violate their oath or affirmation by knowingly making untruthful statements
on any material matter in their applications shall be liable for perjury under the Revised Penal Code.
In addition to the penalty imposed on perjury, the subsequent convictions of the applicant shall revoke the
legal residence granted him/her and shall subject the applicant to deportation proceedings.