Published — May 23, 2021
The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of your own lawyer to address your legal concerns, if any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
Aside from reading this article about CLASSES OF ALIENS WHO ARE NOT ALLOWED TO ENTER IN THE PHILIPPINES, read also, WHAT IS EMIGRATION CLEARANCE CERTIFICATE?
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The Commissioner of Immigration may not allow the entry of an alien in the Philippines
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Any alien seeking admission into the Philippines may be required to testify under oath on matters relating to his admissibility
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It is incumbent upon the alien to prove that he is allowed to enter in the Philippines
Are all aliens or foreigners allowed to enter in the Philippines?
The law says:
No.
The following classes of aliens are not allowed to enter in the Philippines:
- Idiots or insane persons and persons who have been insane;
- Persons afflicted with a loathsome or dangerous contagious disease, or epilepsy:
- Persons who have been convicted of a crime involving moral turpitude;
- Prostitutes, or procurers, or persons coming for any immoral purposes;
- Persons likely to become, public charge;
- Paupers, vagrants, and beggars;
- Persons who practice polygamy or who believe in or advocate the practice of polygamy;
- 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;
- 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 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;
- 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;
- 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;
- 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;
- Stowaways, except that any stowaway may be admitted in the discretion of the Commissioner of Immigration, if otherwise admissible;
- 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 the Commissioner of Immigration;
- Persons who have been excluded or deported from the Philippines, but this may be waived in the discretion of the Commissioner of Immigration. This is on the condition 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 on the ground of having engaged in hoarding, black-marketing or profiteering unless such aliens have previously resided in the Philippines immediately before his exclusion or deportation for a period of ten years or more or are married to native Filipino women;
- Persons who have been removed from the Philippines at the expense of the Government of the Philippines, as indigent aliens, and who have not obtained the consent of the Board of Commissioners to apply for readmission; and
- Persons not properly documented for admission as may be required under the provisions of the Immigration Act of the Philippines.
However, regardless of the enumeration above, the Commissioner of Immigration, in his discretion, may permit the entry of any alien properly documented. Do note that any alien seeking admission into the Philippines may be required to testify under oath on matters relating to his admissibility. It is incumbent upon the alien to establish that he is not subject to exclusion under any provision of the immigration laws.
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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