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Control and Regulations of Aliens

 

AN ACT TO CONTROL AND REGULATE THE IMMIGRATION

OF ALIENS INTO THE PHILIPPINES

(Commonwealth Act No. 613, as amended)

TITLE OF ACT


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

BUREAU OF IMMIGRATION


Sec 2. The Bureau of Immigration is established under a Commissioner of Immigration, who shall have two assistants, a First Deputy Commissioner 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 [now under the Department of Justice] or 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 the bureau chiefs. He shall be in 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 transaction of his office annually or oftener as the President may require.

DEPUTY COMMISSIONERS OF IMMIGRATION


Sec 4. (a) The two Deputy Commissioners shall be appointed by the President with the consent of the Commission on Appointments of the National Assembly, and they shall hold office at the pleasure of the President. The First Deputy Commissioner shall receive compensation at the rate of nine thousand pesos per annum and the Second Deputy Commissioner shall receive compensation at the rate of eight thousand four hundred pesos per annum. During the absence or disability of the Commissioner, the First Deputy Commissioner shall act as the Commissioner, and during the absence or disability of both the Commissioner and the First Deputy Commissioner, the Second Deputy Commissioner shall act as Commissioner, and the Deputy Commissioner who shall so act as Commissioner shall perform the duties of the latter in addition to his own duties.

(b) No person shall be appointed Commissioner or Deputy Commissioner unless he is a natural-born citizen of the Philippines and is at least thirty years old.

IMMIGRANT INSPECTORS


Sec 5. (a) The position of Immigrant Inspector [now Immigration Officer] is created, appointments to which shall be made upon the recommendation of the Commissioner of Immigration in accordance with the civil service law.

(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 Inspector 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 exclude any alien not properly documented as required by this Act, 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. [As amended by RA 114, Sec. 1]

OTHER EMPLOYEES


Sec 7. All other employees of the Bureau of Immigration except as otherwise provided in this Act, shall be appointed by the head of Department, upon the recommendation of the Commissioner of Immigration, in accordance with civil service rules and regulations, and they shall receive such salaries as may be assigned to them conformably to the provisions of Commonwealth Act Numbered four hundred and two.

ASSIGNMENT OF IMMIGRATION EMPLOYEES TO OVERTIME WORK


Sec 7-A.  Immigration employees may be assigned by the Commissioner of Immigration to do overtime work at rates fixed by him when the service rendered is to be paid for by shipping companies and airlines or other persons served. [Added pursuant to Republic Act No. 503, Sec. 2]

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.