AT A GLANCE:

According to the Commonwealth Act No. 613 or the Philippine Immigration Act of 1940,  aliens departing from any place outside the Philippines, who are otherwise admissible and who qualify within one of the following categories under the ACt, may be admitted as non-immigrants.

Who may be admitted as non-immigrants in the Philippines?

Section 9 of Commonwealth Act No. 613, as amended by Republic Act No. 503, states that 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 non-immigrants:

1. A temporary visitor coming for business or for pleasure or for reasons of health; 
2. A person in transit to a destination outside the Philippines;
3. 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;
4. Alien businessman. – An alien entitled to enter the Philippines under and in pursuance of the provisions of a treaty of commerce and navigation:
   1. solely to carry on substantial trade principally between the Philippines and the foreign state of which he is a national; or
   2.  solely to develop and direct the operations of an enterprise in which, in accordance with the Constitution and the laws of the Philippines he has invested or of an enterprise in which he is actively in the process of investing, a substantial amount of capital; and his wife, and his unmarried children under twenty-one years of age, if accompanying or following to join him, subject to the condition that citizens of the Philippines are accorded like privileges in the foreign state of which such alien is a national;
5. An accredited official of a foreign government recognized by the Government of the Philippines, his family, attendants, servants, and employees;
6. Higher than high school. – A student, having means sufficient for his education and support in the Philippines, who is at least eighteen years of age and who seeks to enter the Philippines temporarily and solely for the purpose of taking up a course of study higher than high school at a university, seminary, academy, college or school approved for such alien students by the Commissioner of Immigration;
7. Prearranged employment. – 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 six months from the date of his admission into the Philippines as a non-immigrant under this paragraph. An alien who is admitted as a non-immigrant cannot remain in the Philippines permanently. To obtain permanent admission, a non-immigrant alien must depart voluntarily to some foreign country and procure from the appropriate Philippine consul the proper visa and thereafter undergo examination by the officers of the Bureau of Immigration at a Philippine port of entry for determination of his admissibility in accordance with the requirements.

Before the above-mentioned aliens may be admitted in the country, they must present their unexpired passports or official documents in the nature of passports issued by their county, or other travel documents showing their origin and identity as prescribed by regulations, and valid passport visas granted by diplomatic or consular officers.

Are There Exceptions to the Passport and Visa Documentation Requirements?

Yes.

Section 10 of the Philippine Immigration Act, as amended by Republic Act No. 503, expressly provides the exceptions under for certain non-immigrants, including qualified children born after the issuance of an accompanying parent’s passport visa and qualified seamen, to wit: 

“Sec. 10. Presentation of unexpired passport. – Non-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 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 non-immigrant, 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.”

The form and manner of applying for a passport visa, as well as its form and validity, are to be established by regulations (Section 11, Philippine Immigration Act)

When May a Passport Visa Be Denied? 

A passport visa shall not be granted to an applicant who fails to satisfactorily establish his non-immigrant status or whose entry into the Philippines would be contrary to the public safety. (Section 12, Philippine Immigration Act)

Does Being a Non-Immigrant Automatically Guarantee Admission?

No .Section 9 itself qualifies admission by providing that the alien must be “otherwise admissible.” Immigration officers are authorized under Section 6 of the Philippine Immigration Act to examine aliens concerning their right to enter or remain in the Philippines and to exclude aliens who are not properly documented as required by the Act.

Are There Special Exceptions to the Rules on Non-Immigrant Admission? 

Yes. Section 47 of the Philippine Immigration Act provided that notwithstanding the provisions of this Act, the President is authorized:

1. When the public interest so warrants:
   1. To waive the documentary requirements for any class of non-immigrants, under such conditions as he may impose;
   2. To admit, as non-immigrants, aliens not otherwise provided for by this Act, who are coming for temporary period only, under such conditions as he may prescribe;
   3. To waive the passport requirements for immigrants, under such conditions as he may prescribe;
   4. To reduce or to abolish the passport visa fees in the case of any class of non-immigrants who are nationals of countries which grant similar concessions to Philippine citizens of a similar class visiting such countries;
   5. To suspend the entry of aliens into the Philippines from any country in which cholera or other infectious or contagious disease is prevalent;
2. For humanitarian reasons, and when not opposed to the public interest, to admit aliens who are refugees for religious, political, or racial reasons, in such classes of cases and under such conditions as he may prescribe.

Read also: Who is a non-resident alien?

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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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