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What is an Emigration Clearance Certificate?

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What is an Emigration Clearance Certificate?
What is an Emigration Clearance Certificate?

 

AT A GLANCE:

Under Section 45(g) of Commonwealth Act No. 613, as amended by Republic Act No. 144, an alien shall depart from the Philippines without first securing an emigration clearance certificate required by Section 22.

What Is an Emigration Clearance Certificate?

The statutory basis of the Emigration Clearance Certificate is Section 22-A of Commonwealth Act No. 613, otherwise known as the Philippine Immigration Act of 1940, as amended by Republic Act No. 144.

 

Section 22-A provides:

 

“Sec. 22 – A. Issuance of certificate. – Any alien about to depart from the Philippines temporarily or for permanent residence abroad shall, before leaving the country, apply to the Commissioner of Immigration for a clearance certificate. xxx”

 

When May an Emigration Clearance Certificate Be Issued?

The provision further requires the if the Commissioner finds that the applicant has no pending obligation with the Government, its instrumentalities, agencies and subdivisions, and that there is no pending criminal, civil or administrative action which, by law requires his presence, in the Philippines, the Commissioner shall issue the certificate upon surrender of the alien or all other certificates previously issued to him by the Bureau of Immigration showing his admission and/or residence in the Philippines

 

Accordingly, the issuance of an ECC depends on the Commissioner’s finding that there is no pending government obligation and no pending criminal, civil, or administrative action that legally requires the applicant’s presence in the Philippines.

 

The applicant must likewise surrender the certificates previously issued by the Bureau of Immigration showing his or her admission and/or residence in the Philippines.

 

Is an Emigration Clearance Certificate Required Before Departure?

 

Yes. Under Section 45(g) of Commonwealth Act No. 613, as amended by Republic Act No. 144, an alien shall depart from the Philippines without first securing an emigration clearance certificate required by Section 22.

 

Read also: Who May Be Admitted As Non-immigrant Under The Philippine Immigration Act Of 1940?

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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 09175772207/ 09778050020.

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