SESSION 11 – LEGAL ASPECTS IN TOURISM AND HOSPITALITY

FORMALITIES OF ENTRY AND EXIT IN THE PHILIPPINES

The people’s constitution right to travel is absolute. Accordingly, the government has the duty to issue
passport or any travel document to any citizen of the Philippines as long as they comply with the
requirements of the law.

The right to travel is part of the liberty of which a citizen cannot be deprived without due process
of law and only on clear and compelling grounds of national security, public health and public safety as
mandated by the Constitution.

Is it right to impair the right to travel in time of the COVID-19 Global Pandemic?

Let’s Review First the Travel Documents…

A passport is defined as an official document of identity and nationality issued to a person intending to
travel or sojourn in foreign countries. It is the property of the government of the issuing authority. It is
not a private property of the person to whom it has been issued.

Common Types of Passport:

1. Diplomatic passports this are issued for persons imbued with diplomatic status or are on
diplomatic mission such as the President and former Presidents of the Republic of the
Philippines; the Vice President and former Vice Presidents of the Republic of the Philippines;
Senate President and Speaker of the House of Representatives; the chief justice of the Supreme
Court; The Cabinet Secretaries, undersecretaries and assistant secretary of the department of
foreign affairs; ambassadors foreign service officers of all ranks in the career diplomatic service,
attachés and members of their families.
2. Official passports - are issued to all government officials and employees on official trip abroad
but who are not on a diplomatic mission or delegates to international or regional conferences or
has not been accorded diplomatic status such as the Undersecretaries and Assistant Secretaries
of the Cabinet other than the Department of Foreign affairs; Associate Justices and other
members of the Judiciary.
3. Regular Passports - are issued to private persons who are not eligible to diplomatic or official
passports, including government officials or employees going abroad for pleasure or other
personal reasons
Philippine Passport

In the Philippines, a passport is a document issued by the Department of Foreign Affairs certifying the
Philippines citizenship of the holder and is used for travel purposes.

On the other hand, a travel document is a certification containing the description and other personal
circumstances of the bearer, issued for direct travel to or from the Philippines and normally valid for
short periods or for a particular trip. It is issued only to persons whose citizenship is doubtful and who
fall under the following categories:

1. A Filipino citizen returning to the Philippines who for one reason or another has lost his/her
passport or cannot be issued a regular passport
2. A Filipino citizen being sent back to the Philippines;
3. An alien spouse of a Filipino and their dependents who have not yet been naturalized as a
Filipino and who are traveling to the Philippines or is a permanent resident of the Philippines
4. Aliens permanently residing in the Philippines who are not able to obtain foreign passport and
other travel documents; and
5. A stateless person who is likewise a permanent resident or a refugee granted such status or
asylum in the Philippines.

Persons claiming Philippine Citizenship may be denied entry by immigration authorities upon:

1. A failure of the claimant to establish his Philippine citizenship:

2. A substantial finding of a fraudulent claim or misrepresentation of Philippine citizenship; or

3. A doubtful claim of Philippine citizenship.

Visa

A visa is a written endorsement stamped on a travel document or passport by consular official

denoting that the visa application has been properly examined and that the bearer is permitted to
proceed the country of his destination.

What is a Philippine visa?

A Philippine Visa is an endorsement made on a travel document by a consular officer at a Philippine

Embassy or Consulate abroad denoting that the visa application has been properly examined and that
the bearer is permitted to proceed to the Philippines and request permission from the Philippine
Immigration authorities at the ports of entries to enter the country. The visa thus issued is not a
guarantee that the holder will be automatically admitted into the country, because the admission of
foreign nationals into the Philippines is a function of the immigration authorities at the port of entry.
Definition of a Foreign Tourist (temporary visitor)

A "foreign tourist" is defined as a person without distinction as to race, gender, language or religion,
who is proceeding to the Philippines for a legitimate, nonimmigrant purpose such as sightseeing, sports,
health, family reasons, training or study (excluding enrollment in schools for the purpose of obtaining a
title or degree), religious pilgrimage, business, cultural and scientific purposes.

Standard Procedure/Minimum Requirements for Applying A Temporary Visitor's Visa

Application for a temporary visitor's visa must be made in person. In the case of a minor under eighteen
(18) years of age, the application may be made for him by a person who, in the opinion of the consular
officer, is responsible for his/her welfare. The minor, not an infant in arms, shall be required to appear
at the Consulate for interview, together with the person making the application for him/her.

Applicants for temporary visitor's visa should normally apply at the Philippine Embassy or Consulate that
has jurisdiction over their place of residence. While some visa applicants may apply at any Philippine
Embassy or Consulate abroad, others are only allowed to apply his/her visa at the Philippine Embassy or
Consulate in his country of origin or legal residence.

The following are the minimum requirements for applying a temporary visitor's visa:

1. Passport/Travel Document Valid for at least six (6) months beyond the intended period of stay in
the Philippines;
2. Duly Accomplished Visa application forms;
3. Passport Photos (2 pieces);
4. Proof of bona fide status as tourist or businessman;
5. Confirmed tickets for return or onward journey to the next port of destination; and
6. Payment of Visa Fees

Minor children below 15 yrs. old traveling to the Philippines Unaccompanied by or not Joining a Parent
in the Philippines

A Waiver of Exclusion Ground (WEG) Under Section 29(a)(12) of the Philippine Immigration Act of 1940,
as amended is required for children below 15 yrs. old who are traveling to the Philippines
unaccompanied by or not joining his/her parent/s to the Philippines.

The WEG Order will be issued by the Bureau of Immigration (BI) at the port of entry upon submission by
the WEG applicant of the following requirements:

1. Affidavit of consent by either parent or legally appointed guardian of the child, naming therein
the person who will be accompanying the child to the Philippines and with whom the child will
stay while in the country. The said Affidavit must be duly notarized by a local notary public or
the consular officer at the Philippine Embassy or Consulate in the applicant's country or
residence;
 2. Clear photocopy of the data page of the child's passport;
3. Clear photocopy of the data page of the passport of the accompanying adult or guardian; and
4. Payment of immigration fees (currently, P3,120 per child).

For A Stay Up To 30 Days

Citizens of most countries in the world can enter the Philippines without a visa for an initial period of 30
days. All you have to do is present your passport, valid for at least 6 months beyond the contemplated
period of your stay, and your return flight ticket (or ticket to the next port of destination) upon your
arrival in the Philippines. The return ticket is quite important, because few airlines will let you board if
you do not have proof of your exit from the Filipino territory. We also advise that you contact the
Philippine Embassy of your country before your trip to ensure that the entry formalities have not
changed.

Nationals from the following countries are allowed to enter the Philippines without a visa for a period of
stay of thirty (30) days or less:

Andorra Cape Verde Estonia Japan

Angola Central African Ethiopia Kazakhstan
Antigua and Republic Fiji Kenya
Barbuda Chad Finland Kiribati
Argentina Chile France Kuwait
Australia Colombia Gabon Kyrgyzstan
Austria Comoros Gambia Lao People’s
Bahamas Congo Germany Democratic
Bahrain Costa Rica Ghana Republic
Barbados Cote d’Ivoire Greece Latvia
Belgium Croatia Grenada Lesotho
Belize Cyprus Guatemala Liberia
Benin Czech Republic Guinea Liechtenstein
Bhutan Democratic Guinea Bissau Lithuania
Bolivia Republic of the Guyana Luxembourg
Botswana Congo Haiti Madagascar
Brazil* Denmark Honduras Malawi
Brunei Darussalam Djibouti Hungary Malaysia
Bulgaria Dominica Iceland Maldives
Burkina Faso Dominican Republic Indonesia Mali
Burundi Ecuador Ireland Malta
Cambodia El Salvador Israel* Marshall Islands
Cameroon Equatorial Guinea Italy Mauritania
Canada Eritrea Jamaica Mauritius
Mexico Peru Seychelles Tuvalu
Micronesia Poland Singapore Uganda
Monaco Portugal Slovak Republic United Arab
Mongolia Qatar Slovenia Emirates
Morocco Republic of Korea Solomon Islands United Kingdom of
Mozambique Romania South Africa Great Britain and
Myanmar Russia Spain Northern Ireland
Namibia Rwanda Suriname United Republic of
Nepal Saint Kitts and Swaziland Tanzania
Netherlands Nevis Sweden United States of
New Zealand Saint Lucia Switzerland America
Nicaragua Saint Vincent and Tajikistan Uruguay
Niger the Grenadines Thailand Uzbekistan
Norway Samoa Togo Vanuatu
Oman San Marino Trinidad and Vatican
Palau Sao Tome and Tobago Venezuela
Panama Principe Tunisia Vietnam
Papua New Guinea Saudi Arabia Turkey Zambia
Paraguay Senegal Turkmenistan Zimbabwe

*Brazilian and Israeli nationals are given fifty-nine (59) days stay based on existing agreements.

The following are allowed to enter the Philippines without a visa for a stay not exceeding fourteen (14)
days:

1. Holders of Hong Kong Special Administrative (SAR) passports.

2. Holders of Macau Special Administrative Region (SAR) passports.

The following are allowed to enter the Philippines without a visa for a stay not exceeding seven (7) days:

1. Holders of Macau-Portuguese passports

2. Holders of Hong Kong British passports

Nationals who are subjects of deportation/blacklist orders of the Department and the Bureau of
Immigration shall not be admitted to the Philippines.
For A Longer Stay

If you wish to stay in the Philippines for more than 30 days, you will need to apply for a tourist visa
before your trip, or have your visa extended in the Philippines.

Applying For A Visa In Your Home Country

If your trip to the Philippines exceeds 30 days, you will need to apply for a temporary visitor visa (9A)
prior to your departure at the Philippines Embassy or Consulate in your country of residence. The visa
issued will allow you to stay in the Philippines 59 days without leaving the country (single entry). It is
also possible to apply for visas for longer periods and/or several entries, but the conditions may vary.

Extend Your Stay at an Immigration Bureau

If you wish to extend your stay once you are in the Philippines, you will have to go to a Bureau of
Immigration (BOI), make a request, and pay the corresponding immigration fees: 3030 Philippine pesos
(about 60 USD) if the request is made at least one week before the expiry of the visa, and 4040
Philippine pesos (about 80 USD) if the request is made less than a week before the expiry of the visa.
Who May Apply for Visa on Arrival in the Philippines?

1. Foreign investors and businessmen duly endorsed by the Board of Investments (BOI), Philippine
Retirement Authority (PRA), Philippine chamber of Commerce and Industry (PCCI), local
business councils, or local as well as foreign chambers of commerce and industry;
2. Athletes and delegates to sports competitions, conventions or exhibitions duly endorsed by its
organizers and/or sponsors;
3. Delegates and participants to, resource speakers in, international conventions, symposia,
conference and similar gatherings duly endorsed by its organizers and/or sponsors;
4. Foreign investors and their executives in investments that are endorsed by the government, or
those resulting from bilateral agreements as well as those in response to Presidential Invitations
for Investments during presidential trips or State Visits abroad;
5. Officials of World Bank, Asian Development Bank, and other international development
partners, including their dependent spouse and unmarried minor children;
6. Other foreigners who, in the discretion of the Commissioner, may be entitled to the benefits of
this program.

The Philippine Immigration Act of 1940

Section 10. Non-immigrants must present for admission into the Philippines an unexpired passports or
official documents in the nature of passports issued by the government of the countries in which they
owe allegiance or other travel documents showing their origins and identity as prescribed by
regulations, and valid passport visas granted by diplomatic or consular officers

Synchronous Discussion:

Read the content of the Philippine Immigration Act. See attached file in your Canvas for reference. Point
out 5 aspects that you think are the most important issues.
Discussion of the Law

Non-immigrants must present unexpired passports and valid visas prior to their admission into the
Philippines. The Philippine Immigration Act provides seven visa categories for non-immigrants, namely:

1. 1 temporary visitors,
2. 2 transient
3. 3 seaman
4. 4 treaty trader or treaty investor;
5. 5 foreign government official;
6. 6 student and
7. 7 prearranged employment2

An alien is allowed one immigration visa category at any given time.

Admission of Aliens under Pre-arranged Employment

For aliens who wish to engage in gainful employment in the Philippines, prearranged employment visas
are secured from the Philippine consular office, upon authorization issued by the Commissioner of
Immigration. An applicant for a prearranged employment visa must prove the following jurisdictional
facts to the Board of Commissioners:

a. the nature of the labor or service for which the visa is desired;
b. no person can be found in the Philippines who is willing and competent to perform such
labor or service;
c. the length of time of employment;
d. the wages or compensation to be received;
e. the reasons why no other person in the Philippines can be engaged for such labor or
service;
f. certified copies of the contract of employment
g. the reasons why the admission of the applicant into the Philippines shall be beneficial to
the public interest; and
h. proof of his valid entry and admission in the Philippines.
Admission under the Balikbayan Program

A 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 who had
been naturalized in a foreign country and comes or returns to the Philippines. Those bearing foreign
passports, with the exception of restricted nationals, shall be allowed, among others, visa-free entry to
the Philippines for a period of one (1) year.

Philippine Immigration Policy on Non-immigrant Chinese

Shifts in Philippine foreign policy towards China in recent years have resulted in significant changes in
immigration guidelines towards five (5) major classes of Chinese, namely:

(1) People's Republic of China (PROC);

(2) Special Administrative Region (SAR) of Hong Kong-China;
(3) SAR of Macau-China;
(4) Certificate of Identity (C.1.) holders;
(5) Republic of China (Taiwan-Taipei {Formosa})

They are now allowed under:

(a) temporary visitor or business visas with multiple entry visas for up to six months
(b) They may even be issued visas without prior authorization from the Department of Foreign
Affairs, provided, they submit the following requirements:
1. Duly accomplished Visa Application Form;
2. Passport valid for six months beyond the period of authorized stay in the Philippines;
3. Valid entry visa to the next port of destination or re-entry to the country of origin or
residence;
4. Confirmed return onward passage ticket; and
5. Such other requirements as may be deemed necessary by the consular officer.

Chinese are now allowed an initial stay of 59 days, whether for travel individually or in groups.
Philippine Immigration Policy on Indians

Temporary visitor visas are available to Indian nationals provided:

(a) They apply for a visa from their country of origin (India) or from their place of legal or permanent
residence, if they are no longer permanently residing in India; or

(b) Those who have been previously issued a temporary visitor visa may apply for a visa from any
Philippine Embassy or Consulate in a third country, if they have not been subsequently denied a visitor's
visa, blacklisted or deported from the Philippines.

Philippine Student Visa under Section 9F of the Philippine Immigration Act of 1940

An alien admitted into the Philippines under any visa category may apply in the Bureau of Immigration
for the change/conversion of his admission status to that of a student pursuant to EO 188.

The student shall submit the following documentary requirements through the designated school's
Liaison Officer who will hand carry them under a letter cover typewritten on the school's official
stationery signed by the school's registrar and stamped with the school's official dry seal:

1. Written endorsement from the school for the change/conversion of the admission status of the
alien to that of a student enclosing the following supporting documents

(a) Original copy of the Notice of Acceptance containing the clear impression of the school's official
dry seal;
(b) Original copy of the Certificate of Eligibility for Admission issued by the Commission on Higher
Education (CHED) for Medicine and Dentistry students;
(c) Proof of adequate financial support to cover expenses for the student's accommodation and
subsistence, as well as school dues and other incidental expenses
(d) Scholastic records duly authenticated by the Philippine Foreign Service Post located in the
student's country of origin or residence; and
(e) Police clearance certificate issued by the National Police Authorities in the student's
(f) Country of origin or residence duly authenticated by the Philippine Foreign Service
(g) Post has consular jurisdiction over the place for student residing in the Philippines for less than
one (1) month.

2. The alien whose admission status is changed/converted to that of a student shall be granted an
initial 1 year authorized stay as a student

(a) Said authorized stay may be extended by the Bureau of Immigration by semester subject to the
following documentation requirements:;
(b) Application form duly accomplished by the student;
(c) Two pieces 2x2 photograph;
(d) Photocopy of the photo, data, and stamp of the latest arrival pages of the
 (e) Passport of the student or Certificate of identity;
(f) Transcript of Records signed by the Dean or Registrar or any representative of the school with
its seal for first extension only. No need for the same on the second or succeeding extensions
(g) Grades of the previous semester both for first and succeeding extensions;
(h) Photocopy of the Alien Certificate of Registration, Certificate of Residence
(i) Explanation by the student and confirmed by the School Registrar or Dean in case the student
took less than the required normal/ regular full load per semester as follows:
o undergraduate-at least 15 units; and
o graduate student-at least 12 units.

The following foreign students are exempted from securing student visa/special study Permit

(a) Aliens who have a valid Special Investor Resident Visa;

(b) Aliens who have a valid Special Resident Retiree Visa;
(c) Permanent Foreign Residents (Immigrants);
(d) Personnel of foreign diplomatic and consular missions; and
(e) Personnel of the duly accredited international organizations residing in the Philippines such as
the Asian Development Bank, International Rice Research Institute, and special agencies of the
United Nations.

Special Resident Retiree Visa

All foreign nationals below 50 and at least 35 years of age are required to deposit the amount of
US$75,000 with any bank shortlisted by the Philippine Retirement Authority. Those aged 50 and above
are required to deposit the amount of US$50,000. A deposit amount of US$50,000 shall be required
from an applicant who is at least 35 years of age and belongs to any of the following:

1. Retired military personnel of governments recognized by the Philippines;

2. Former members of foreign diplomatic corps, who have served for at least three (3)years in their
respective posts; and
3. Retired officers and employees of international organizations such as the United Nations and its
affiliate agencies, the World Health Organization, World Bank, International Monetary Fund,
International Labor Organization and other similar organizations

All aliens who are at least 35 years old, and who intend to reside in the Philippines, either as a resident
or a retiree, may secure a special resident retiree's visa. This allows:

1. Non-immigrant status with multiple reentry privileges;

2. Customs duties and tax exemptions for the importation of personal effects,
3. appliances and household furniture valued at US$7,000;
4. Exemption from exit clearance and reentry permits
5. Travel tax exemption, except if the retiree stayed in the Philippines for more than one year from
his latest date of entry;
 6. Use of the requisite time deposit into active investments, including the purchase of
condominium units and proprietary golf membership shares;
7. Conversion of foreign currency time deposits to Philippine currency (but the interest shall be
subject to withholding tax);
8. Tax-free remittances to the Philippines of pensions and annuities;
9. Guaranteed repatriation of the requisite deposit, including invested profits, capital gains and
dividends accrued from investments, subject to Bangko Sentral ng Pilipinas regulations; and
10. Exemption from student and special study permit requirements

What is the difference between a Treaty Trader from Treaty Investor?

A treaty trader is a foreigner who is entering the Philippines solely to carry on substantial trade or
commerce between the Philippines and the country of which he is a national pursuant to an existing
treaty of commerce and navigation.

A treaty investor is a foreigner who seeks admission for the purpose of developing and directing the
operations of an enterprise in the Philippines where: (a) he has invested or is actively in the process of
investing a substantial amount of capital; or where (b) his employer has invested or is actively in the
process of investing a substantial amount of capital, provided that such employer is a foreign person or
organization of the same nationality as the applicant and that the applicant is an overall supervisor or
executive.

Subic Special Investors Visa under R.A. 7227

Foreign nationals, not categorized as "restricted as determined by the Department of Foreign Affairs,
visiting the Subic Freeport Zone for business and/or tourism purposes may be allowed to enter all ports
of entry of the Zone and stay therein without a visa for a maximum period of 14 days: Provided that
upon arrival, they present their passports, Certificates of Identity or travel documents valid for at least
six months beyond the intended stay in the Zone and confirmed onward flight tickets.

Foreign nationals who enter the Zone shall be subject to the following restrictions:

a. They shall leave or depart from the Philippines only through the Subic Bay International
Airport
b. They shall not be allowed outside the Secured Area of the Zone, except to visit areas
outside the Secured Area but within the Zone, Provided that they are escorted by BI
officers and/or Subic Bay Metropolitan Authority (SBMA) officers duly deputized by the
Bl.
c. For those who intend to visit areas outside the Zone and/or extend their stay in the
Zone for any reason beyond the 14-day period must secure visa waiver from the
Department of Foreign Affairs, provided that upon securing such visa waiver, the
restrictions as provided herein shall no longer be applicable.
Special Economic Zone Visa under R.A. 7916

Any investor within the ECOZONE whose initial investment shall not be less than US$150,000.00, his/her
spouses and dependent children under 21 years of age shall be granted permanent resident status
within the ECOZONE They shall have the freedom of ingress and egress to and from the ECOZONE
without any need of special authorization from the Bureau of immigration.

The PEZA shall issue working visas renewable every two years to foreign executives and other aliens,
possessing highly technical skills that no Filipino within the ECOZONE possesses, as certified by the
Department of Labor and Employment. The names of aliens granted permanent resident status and
working visas by the PEZA shall be exported to the Bureau of Immigration within 30 days after the
issuance thereof Employment of foreign nationals hired by ECOZONE enterprises in a supervisory,
technical or advisory capacity shall not exceed five percent (5%) of its workforce without the express
authorization of the Secretary of Labor and Employment

"Special economic zones" hereinafter referred to as the ECOZONES, are selected areas with highly
developed or which have the potential to be developed into agro-industrial, industrial tourist/
recreational, commercial, banking investment and financial centers. An ECOZONE may contain any or all
of the following industrial estates, export-processing zones, free trade zones and tourist recreational
centers.

Special Clark Economic Zone Visas under Executive Order No. 80 (s. of 1993) and Executive Order No. 80
(s. of 1993)

Foreign nationals, not categorized as restricted as determined by the Department of Foreign Affairs,
visiting the Clark Ecož.one for business and/or tourism purposes may be allowed to enter all ports of
entry of the Clark Eco zone and stay therein without visa for a maximum period of 14 days; provided,
that upon arrival, they present their passports, certificates of authority or travel documents, valid for at
least 6 months beyond the intended stay in the Clark Eco Zone and confirmed onward fight tickets.

Aliens admitted in the Clark Eco Zone may be permitted to visit areas within the Clark Eco Zone but
outside the Main Zone, such as the Sub-Zone, for business or tourism purposes subject to the following
condition

(a) In so far as practicable, the Bureau of Immigration (BI) shall be duly informed by the alien or is
not possible, the Clark Development Corporation (CDC) shall be informed in writing

(b) The Alien concerned shall be escorted by authorized BI personnel; and

(c) At least one Bi Officer shall be detailed to escort every group of not more than 10 visiting
subject to the following conditions:

Any alien admitted in the Zone may extend his temporary stay beyond the 14-day limit to visit areas
outside the Zone; provided, however, that the alien shall secure a visa waiver from the BI, upon written
endorsement from the CDC.
Any foreign investor who establishes a business enterprise within the Zone and who maintains a capital
investment of not less than $150,000.00 shall be granted, along within his or her spouse, dependents,
and unmarried children below 21 years of age, a permanent resident status within the Zone. Such
foreign investor and his/ her spouse, dependents, and unmarried children below the age of 21 years,
shall have the freedom of ingress and egress to and from the Zone without need of any special
authorization from the Bureau of Immigration

Likewise, the Cagayan Economic Zone Authority (CEZA) shall issue working visas renewable every two
years to foreign executives arid foreign technicians with highly specialized skills that no Filipino
possesses, as certified by the Department of Labor and Employment

Investor in Tourist-Related Project or Tourist Establishment under Executive Order No. 63

The investor, his wife, and unmarried minor children shall be permitted to enter and reside in the
Philippines as special investor residents for as long as the investment of US$50,000 subsists. Provided
that

1. They have not been convicted of a crime involving moral turpitude

2. They are not affected with any loathsome, contagious or dangerous disease, and
3. They have not been institutionalized for any mental disorder or disability;
4. Provided further that said investor visits the country at least twice a year and stays in the
country at least 7 days for each visit. The said investor, his spouses and unmarried children shall
be issued a multiple entry special investors resident visa to enter and leave the Philippines
without further documentary requirements other than valid passports or other travel
documents in the nature of passports. They shall be exempted from payment of alien
immigration and registration fees and from securing alien certificates of registration

Should the investor withdraw his investment from the Philippines or transfer his investment to any
other area without the prior approval of the Committee created therein, the special investors residents
visas issued to him, his wife and unmarried minor children may be revoked by the Philippine
Government.

Additional Requirements Prior to Entry

For non-immigrants, a valid ticket for a return journey to the country of origin or to the next country of
destination is required for presentation.

Certificates of Residence must be secured by the following categories of non-immigrants from the
Bureau of Immigration: (a) temporary visitors; (b) students; and (c) prearranged employment.

Foreigners entering as non-immigrants may also be required to register in accordance with the
provisions of the Alien Registration Act as follows:

a. Any alien who is in the Philippines at the time of the approval of the Alien Registration
Act and who is 14 years of age or more and will remain in the Philippines for 30 days or
longer;
b. Any alien who enters the Philippines after approval of the Alien Registration Act of 1950
and who is 14 years of age or more and who will remain in the Philippines for 30 days or
longer provided that this provision shall not apply to an alien admitted into the
Philippines for 60 days or longer;
 c. Every parent or legal guardian of any alien child who is in the Philippines at the time of
the approval of the Alien Registration Act of 1950 and who is below 14 years of age and
will remain in the Philippines for 30 days or longer;
d. Every parent or legal guardian of any alien child who enters the Philippines after the
approval of said Act and who is below 14 years of age and who will remain in the
Philippines for 30 days or longer, provided however, that this provision shall not apply
to an alien child admitted into the Philippines as a temporary visitor or transient, unless
said child will remain in the Philippines for 60 days or more;
e. Every parent or legal guardian of any alien child boom in the Philippines; and;
f. Whenever an alien attains his 14th birthday in the Philippines.

Lastly, it is imperative for government medical officers, immigration officers and the board of special
inquiry to conduct a sufficient medical examination of all aliens arriving in the Philippines. Such
examination is focused on physical and mental health, or may extend on the inquiry on the character of
the arriving alien. Any alien who fails to meet the health and character standards established by
immigration laws, rules and regulations for entry and admission shall be excluded under Section 29 of
the Immigration Law.

Extension of Authorized Period Of Stay In The Philippines

In case of a temporary visitor's visa holder whose stay in the Philippines will exceed the authorized
period of stay, he/she will have to report to the Bureau of Immigration, secure an extension of stay and
pay the corresponding immigration fees. Information on fees for extension of stay and other
Immigration fees are available at the Bureau of Immigration website (www.immigration.gov.ph).

Overstaying

Overstaying is a serious matter for anyone who’s looking to visit the Philippines. Much like how Filipinos
get deported when they overstay with a tourist visa overseas, any foreign national caught overstaying
will get deported.

You’re an overstaying national if you’ve exceeded the maximum number of days your visa allows. This
poses a problem, though, as 163 countries are allowed visa-free entry into the Philippines for anywhere
between seven to 59 days.

Out of these 163 countries, only Brazilians and Israelis are allowed to stay for 59 days without a visa.
Anyone who wants to stay beyond 59 days will have to be brought up with the Bureau of Immigration
(BI); otherwise, you’ll be sent home packing, no questions asked.

You won’t be able to get away with overstaying in the Philippines since you’ll be deported and
blacklisted, i.e. you’ll never be able to go back in the country again. If you want your Black List Order
(BLO) lifted, you’ll have to file a letter of request addressed to the Commissioner of the BI. It’s best to
get assistance from an immigration lawyer to have this arranged for you.

What to do if you’re about to Overstay?

If you’re about to be tagged as overstaying, there’s really only one thing you can do: go to nearest
immigration office or the BI main office seven days before your visa expires and settle everything that
needs to be settled (fees and documents).

The process will depend on the length of your stay, but the most you can extend is 6 months. You can
still stay in the Philippines without actually extending your stay for 6 months as long as your passport
remains valid, but you’ll already be tagged as overstaying the moment it goes beyond what your visa or
visa-free entry allows.

As most foreign nationals visiting the country are from countries that do not require a visa for a visit of
at most 30 days, we’ll put a focus on getting a Visa waiver, issued to tourists who want to request for an
initial extension of 29 days.

Note: Before you proceed to the Bureau of Immigration to process your visa extension, please go
through this checklist of documentary requirements for a tourist visa extension.

1. Fill out and submit a completely filled-out application form and attachments together with the
passport to the frontline officer at the BI Main Office, Magallanes Dr., Intramuros, Manila or visit
the nearest immigration office that processes an “Extension of Authorized Stay of Temporary
Visitors”.
2. If you do not have any derogatory records, you’ll be issued a BI Clearance Certificate. If you have
a derogatory record, you’ll be asked to go to the Verification and Certification Unit for
Clearance.
3. Once cleared, secure an Order of Payment Slip and proceed to the Cashier for payment. You
have to pay a total of p3,030, broken down as follows:
o Visa waiver – P500
o Visa waiver application fee – P1,000
o Certification fee – P500
o Legal Research Fee (LRF) for each immigration fee except Head Tax and Fines –
P30
o Express Fee – P1,000
4. Submit the Official Receipt with the application form, attachments, and passport to the
receiving/assessment officer.
5. Once all your requirements are verified, your passport will be stamped with your requested
extension of stay.
If you want to go beyond 59 days, you should get a Long-Stay Visitor Visa Extension, or LSVVE. The
process is similar to getting a visa extension, but it will involve a much higher fee of P11,500, broken
down as follows:

o Extension fee – P3,010

o Application fee – P910
o ACR – P1,010
o Head Tax – P250
o ECC – P710
o Certification fee – P510
o I-Card – P2,100
o Express Lane Fee – P1,500
o Express Lane Fee (Certificate) – P1,000
o Express Lane Fee (I-Card) – P500

Fine for overstaying is at P500 per month. You’ll also be charged an additional P500 if you go beyond the
maximum allowable stay or if you’ve overstayed for more than 6 months to get a Motion for
Reconsideration on Updating and Extension of Authorized Stay.

Exclusion of Foreigners

Section 29. The following classes of aliens shall be excluded from entry into the Philippines:

1. ldiots or insane persons and persons who have been insane;

2. Persons afflicted with a loathsome or dangerous and contagious disease, as epilepsy
3. Persons who have been convicted of a crime involving moral turpitude
4. Prostitute, or procurers, or persons coming for any immoral purpose
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 law and 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 a language selected by the alien,
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, S shall be determined by the
Commissioner of Immigration, if otherwise admissible;
12. Children under fifteen years of age, unaccompanied by 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
passport visas authorized by section twenty of this Act; as amended by Republic No. 503,
Sec.10]
15. Persons who have been excluded or deported from the Philippines, but this provision
may be waived in the discretion of the Commissioner of Immigration: Provided,
however, that the Commissioner of Immigration shall not exercise his discretion in favor
of aliens excluded or deported on the ground of conviction for any crime involving moral
turpitude or for any crime penalized under sections forty to forty-six of this Act or on the
ground of having engaged in hoarding, black-marketing or profiteering unless such aliens
have previously resided in the Philippines immediately before their exclusion or
deportation for a period of ten years or more or are married to a native Filipino woman;
LAs amended by Republic Act No.503, Sec. 10
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.

International law affords sovereign states absolute discretion to determine whether or not an alien is
disqualified for entry into its territory. As a general rule, an alien's fitness for entry depends on whether
he or she possesses a risk to the general welfare. If an alien's entry will threaten national security, public
safety, public health and public morals, then the state can declare such alien as being ineligible for entry.
Deportation of Foreigners

Section 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 grounds for deportation as charges 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 or at any place other than the designated port of entry: As amended by
Republic Act No. 503, Sec. 13
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 violation of the law governing prohibited drugs: as
amended by Republic Act No. 503, Sec. 13]
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 non-immigrant;
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 lo 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;
9. Any alien who commits any of the acts described in sections forty-five of this Act, independent
of criminal action which may be brought against him: Provided, that in the case of alien who. for
any reason, is convicted and sentenced to suffer both imprisonment and deportation, said alien
shall first serve the entire period of his imprisonment before he is actually deported: Provided,
however, that the imprisonment may be waived by the Commissioner of immigration with the
consent of the Department Head, and upon payment by the alien concerned of such amount as
the Commissioner may fix and approved by the Department Head; Paragraph added pursuant to
Republic Act No.144, Sec. 3
 10. Any alien who, at any time within foe years after entry, shall have been convicted of violating
the provisions of the Philippine Commonwealth Act Numbered Six hundred and fifty-three,
otherwise know as the Philippine Alien Registration Act of 1941(now Alien Registration Act of
1950, Republic Act No. 562, as amended) or who, at any time after entry, shall have been
convicted more than once of violating the provisions of the same Act;
11. Any alien who engages in profiteering, hoarding,. or black-marketing, independent of any
criminal action which may be brought against him;
12. Any alien who is convicted of any offense penalized under Commonwealth Act Numbered Four
hundred and seventy-three, otherwise known as the Revised Naturalization Laws of the
Philippines, or any law relating to acquisition of Philippine citizenship; Added pursuant to
Republic Act No. 503, Sec. 13]
13. Any alien who defrauds his creditor by absconding or alienating properties to prevent them
from being attached or executed.

The above charges are grounds for deportation under the Philippine Immigration Act.

Deportation is the expulsion of a foreigner from the territory of a State. It contemplates a foreigner who
initially gained legal entry, admission or residence in a country but whose presence therein has become
untenable because of some serious infractions of the municipal law of such country.

The right of the state to admit aliens includes the right to expel them. The right is absolute and
unqualified. The power to deport aliens is an attribute of sovereignty, and is based on the accepted
maxim of international law that every sovereign nation has the inherent power to forbid the entrance of
foreigners within its dominions.

Deportation of foreigners may be effected in two ways: (1) by order of the President, after due
investigation, pursuant to the old 1917 Administrative Code, Section 69; and (2) through the
Commissioner of Immigration upon recommendation by the Board of Commissioners under the
Philippine Immigration Act of 1940, Section 37 (a).

In our jurisdiction, the power to deport lies with the President of the Philippines or through its
authorized agent (i.e., Commissioner of Immigration). The power to deport is plenary in nature and is
free from any interference on the part of judicial power.

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. In
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"
Guidelines On Departure Formalities For Internationalbound Passengers In All Airports And Seaports In
The Country

Pursuant to Republic Act No. 9208, otherwise known as the “Anti-Trafficking in Persons Act of 2003”,
and its Implementing Rules and Regulations, Republic Act No. 8042, otherwise known as the “Migrant
Workers and Overseas Filipinos Act of 1995”, as amended by Republic Act No. 10022 and other related
laws, the following guidelines, providing for definite parameters in the strict enforcement of
immigration departure formalities intended for the prevention of trafficking in persons, illegal
recruitment, and other related offenses, are hereby promulgated for strict implementation/compliance
by all concerned:

I. TOURIST TRAVELERS

A traveller intending to go abroad with a tourist/temporary visitor’s visa shall be subjected to:

1. Primary Inspection - During primary inspection, the following documents shall be required from a
traveller: Passport, Visa when required, Round-trip Ticket

2. Secondary Inspection

2.1 The Bureau of Immigration shall conduct a secondary inspection of a traveller, when deemed
necessary, for the purpose of protecting vulnerable victims of human trafficking and illegal recruitment
and other related offenses, through the assessment of the following circumstances:

o Age and educational attainment

o Financial capability to travel
o If not financially capable to travel, an authenticated affidavit of support, indicating
therein the relationship within the 4th civil degree of consanguinity or affinity, together
with the supporting documents, may be entertained

2.2 Any passenger/traveller who will be subjected for secondary inspection shall be required to
accomplish the Bureau of Immigration Border Control Questionnaire (BCQ) to be furnished by the
Immigration Officer.

2.3 However, the following shall automatically be subjected to secondary inspection:

o Travelers without financial capacity to travel escorted/accompanied by a foreigner who
is not related;
o Minor traveling alone or unaccompanied by either parent or legal guardian without the
required travel clearance from the Department of Social Welfare and Development
(DSWD);
o Partners and spouses of foreign nationals intending to depart to meet and/or marry
his/her fiancé without the CFO Guidance and Counselling Certificate;
o Passengers traveling to counties with existing deployment bans, alert levels and travel
advisories and those in possession of a visas to the said countries; and
 o Passengers who stayed abroad for more than one (1) year during a previous departure
from the country as a tourist/temporary visitor, intending to depart for the second
and/or subsequent time.

2.4 Clarificatory questions may be propounded relating to theabove-mentioned

documents/purpose by the Bureau of Immigration.

2.5 A traveler found to be misrepresenting the purpose of his/her travel as tourist shall not be
cleared for departure.

II. OVERSEAS FILIPINO WORKERS

1. First Time Overseas Filipino Workers

1.1 Travelers under this classification shall present the following documents as validated by the
Labor Assistance Center (LAC):

o Passport
o Visa
o Airline/Sea craft Tickets
o Overseas Employment Certificate (OEC)

1.2 Allowable Visa Usage (Based on POEA Rules and Regulations) Should there be any
discrepancy in the actual job position/job title in the visa and in the Overseas Employment Certificate,
travel may nevertheless be allowed provided that the POEA through its LAC, has validated and approved
the variance based on the following:

o The visa category is related to the workers’ position or in line with the principal’s nature
of business;
o The recruitment agency executes an Undertaking on Visa Usage; and
o The worker is aware of the visa discrepancy situation and has executed a Declaration of
Awareness and Consent.

2. Balik-manggagawa/ Returning Workers

The following OFWs fall under the category of BalikManggagawa/Returning Workers:

o Worker-on-Leave – a worker who is on vacation or on leave from employment under a

valid and existing employment contract and who is returning to the same employer,
regardless of any change in jobsite, to finish the remaining unexpired portion of the
contact.
o Rehire – a worker who was rehired by the same employer after finishing his/her contact
and who is returning to the same employer, regardless of a change in jobsite.
o POLO registered worker – a returning worker whose employment contact was not
processed with the POEA but was subsequently verified and registered with the
 Philippine Overseas Labor Office (POLO) in the jobsite and who is returning to the same
employer either as a worker-on-leave or rehire, regardless of any change in jobsite.
Same employer/principal refers to the current employer of the worker at the time
he/she came home for vacation and to whom he/she is returning to resume
employment upon return to jobsite.

III. IMMIGRANT OR PERMANENT RESIDENT VISA

1. Filipino emigrants/residence visa or permit holders / permanent resident card holders Travelers
falling under this visa category shall present the following documents for primary inspection:

o Passport
o Permanent residence visa / immigrant visa / permanent residence card
o CFO Emigrant registration sticker
o Airline/Sea Craft ticket

2. Filipino spouses and other partners of foreign nationals travelers falling under this visa category shall
present the following documents for primary inspection:

o Passport
o Permanent residence permit or visa / immigrant visa / permanent residence card
o Guidance and Counselling Certificate
o CFO Emigrant registration sticker
o Airline/Sea Craft Ticket

3. Filipino J1 visa holders or Exchange Visitor Program Participants Departing for the USA

Travelers falling under this visa category shall present the following documents for primary inspection:

o Valid passport
o Valid J1 visa for USA

IV. SPECIAL CASES

1. FOR FINAL INTERVIEW/QUALIFYING EXAM

Workers to undergo final interview/qualifying exam as required by their prospective employers shall
present the Philippine Overseas Employment Administration’s (POEA) Special Exit Clearance. In the
absence of thereof, passengers shall not be cleared for departure.

2. ON THE JOB TRAINING

Travelers intending to depart to another country for the purpose of on-the-job training shall present the
following additional documents:

o School certification on the need for on-the-job training

o Acceptance by the host company
 o iCertificate of Overseas Training by the Commission on Higher Education (CHED)

3. For relatives requesting for compassionate visit to an irregular worker abroad, a certification from
Department of Foreign Affairs (DFA-OUMWA) must be secured.

4. Passengers who intend to depart for intra-company trainings abroad for less than three (3) months
shall present an invitation from the host company reflecting the duration, entitlements, travel and other
incidental expenses; while those exceeding three (3) months shall present the corresponding
Trainorship Agreement containing all the above data.

V. GENERAL GUIDELINES

1. Travelers presenting fake/fraudulent passports, documents, immigration stamp shall be confiscated

by the BI without prejudice toany other action that may be taken against said passenger.

2. The Bureau of Immigration shall turn-over the confiscated passports and other fake/fraudulent
documents to the DOJ-IACAT for appropriate action.

3. Passengers who were not cleared for departure by reason of vulnerability to trafficking, illegal
recruitment, or other related crimes, shall be immediately turned over by the Bureau of Immigration to
the IACAT Task Force or to designated agency/ies for mandatory services provision, such as temporary
shelter, legal assistance, or psycho-social interventions, and for more in-depth information-gathering.

Travel Tax

The travel tax is a levy imposed by the Philippine government on individuals who are leaving the country
irrespective of the place where the air ticket is issued and the form or place of payment, as provided for
by Presidential Decree (PD) 1183, as amended.

Pursuant to Section 73 of Republic Act No. 9593, fifty percent (50%) of the proceeds from travel tax
collections shall accrue to the TIEZA, forty percent (40%) shall accrue to the Commission on Higher
Education (CHED) for tourism-related educational programs and courses, and ten percent (10%) shall
accrue to the National Commission for Culture and Arts (NCCA).

Who pays the Full Travel Tax?

1. Citizens of the Philippines

2. Taxable Foreign Passport Holders
3. Non-immigrant foreign passport holders who have stayed in the Philippines for more than one
(1) year
Requirements:

1. Original Passport
2. Airline Ticket
3. Full Travel Tax Rates: First Class Passage: P2,700.00 / Economy Class Passage: P1,620.00

Reduced Travel Tax

Who may avail of the Standard Reduced Travel Tax? What are the requirements?

1. Minors (from 2 years and one (1) day to 12th birthday on date of travel) – must show original
passport
2. Accredited Filipino journalist whose travel is in pursuit of journalistic assignment – must show
Certification from the Office of the Press Secretary and Certification from the passenger’s editor
or station manager that he/she is an accredited journalist
3. Those authorized by the President of the Republic of the Philippines for reasons of national
interest – must submit Written authorization from the Office of the President expressly entitling
the passenger to the reduced travel tax

Note: This privilege is granted if the dependent is traveling to the OFW’s worksite. (visit
https://tieza.gov.ph/travel-tax/reduced-travel-tax/ for complete list of requirements)

1. Legitimate spouse of an Overseas Filipino Worker (OFW)

2. Unmarried children of an OFW whether legitimate or illegitimate who are below 21 years of age
3. Children of OFWs with disabilities even above 21 years of age

First Class Economy

Standard Reduced Rate P1,350.00 P810.00

Privileged Reduced Rate P400.00 P300.00

Who may be exempted from paying the Travel Tax?

The following Filipino citizens are exempted from the payment of travel tax pursuant to Sec. 2 of PD
1183, as amended:

1. Overseas Filipino workers

2. Filipino permanent residents abroad whose stay in the Philippines is less than one year
3. Infants (2 years and below)
4. There are other individuals qualified to avail of exemption. Please see complete list below. Visit
TIEZA website for requirements. Note: In all cases, you will be required to bring your Original
Passport.
a) Foreign Diplomatic and Consular Officials and Members of their Staff
b) Officials, Consultants, Experts, and Employees of the United Nations (UN) Organization and
its agencies
c) United States (US) Military Personnel including dependents and other US nationals with
fares paid for by the US government or on US Government-owned or chartered transport
facilities
d) Crewmembers of airplanes plying international routes
e) Philippine Foreign Service Personnel officially assigned abroad and their dependents
f) Officials and Employees of the Philippine Government traveling on official business
(excluding Government-Owned and Controlled Corporations)
g) Grantees of foreign government funded trips
h) Bona-fide Students with approved scholarships by appropriate government agency
i) Personnel (and their dependents) of multinational companies with regional headquarters,
but not engaged in business, in the Philippines
j) Those authorized by the President of the Republic of the Philippines for reasons of national
interest
k) As provided under R.A. 6768, Balikbayans whose stay in the Philippines is less than one (1)
year
l) As provided under R.A. 6768, Family members of former Filipinos accompanying the latter