AT A GLANCE:

There are certain classes of foreigners who may be disqualified under Commonwealth Act No. 613, or otherwise known as the Philippine Immigration Act of 1940, as amended, to enter into the Philippines.

Are all foreign nationals allowed to enter the Philippines?

No. Under Section 29(a) of Commonwealth Act No. 613, or otherwise known as the Philippine Immigration Act of 1940, as amended by Republic Act No. 503,  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 passport visas authorized by section twenty of this Act;
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-five and forty-six of this Act or on the ground of having engaged in hoarding, blackmarketing or profiteering unless such aliens have previously resided in the Philippines immediately before his exclusion or deportation for period of ten years or more or are married to native Filipino women;
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.

Who determines whether a foreign national may enter the Philippines?

Section 27(a) of Commonwealth Act No. 613 provides for the creation of a board of special inquiry which shall be composed of a Chairman and two members, who under Section 27(b) shall have as one of its authority to make its findings and recommendations in all the cases provided for in section 29 of the Commonwealth Act No. 613 wherein the Commissioner of Immigration may admit an alien who is otherwise inadmissible. 

Can an Alien Who Falls Under an Exclusion Ground Still Be Admitted?

In certain circumstances, yes.

Section 29(b) of Commonwealth Act No. 613 provides:

“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.”

The law therefore recognizes a limited exception to the exclusion grounds for certain properly documented aliens, subject to the conditions stated in the statute.

Who Has the Burden of Proving Admissibility?

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. (Section 30, Commonwealth Act No. 613)

What Happens When an Alien Is Subject to Exclusion?

Under Section 27(b) of Commonwealth Act No. 613, a board of special inquiry shall have authority:

1. to determine whether an alien seeking to enter or land in the Philippines shall be allowed to enter or land or shall be excluded; and
2. to make its findings and recommendations in all the cases provided for in section twenty-nine of this Act wherein the Commissioner of Immigration may admit an alien who is otherwise inadmissible. For this purpose, the board or any member thereof, may administer oaths and take evidence and in case of necessity may issue subpoena and/or subpoena duces tecum. 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.

Read also: Documentation Of Immigrants

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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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