EXECUTIVE ORDER NO. 324
EXECUTIVE ORDER NO. 324 - WAIVING
PASSPORT REQUIREMENT FOR IMMIGRANTS UNDER CERTAIN CONDITIONS
WHEREAS,
Sec. 47 a(3) of Commonwealth Act No. 613, as amended, otherwise
known as the Philippine Immigration Act of 1940, provides that
“Notwithstanding the provisions of this Act, the President is
authorized: (a) When the public interest so warrants . . . (3) To waive
the passports requirement for immigrants, under such conditions as he
may prescribed;” and
WHEREAS, it is now timely to waive passport requirements for immigrants
under
certain conditions;
NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, by
virtue of the powers vested in me by law, do hereby order:
1.
An alien may apply with the Commissioner of Immigration and Deportation
for waiver of passport requirements during the 12-month period
beginning on a date as designated by the Commissioner of Immigration
and Deportation, which shall not be later than 180 days after the
effectivity of this Executive Order.
2. The alien
must establish that he entered the Philippines before January 1, 1984,
and that he has resided continuously in the Philippines in an unlawful
status from such date to the filing of his application.
3. In the case
of an alien who entered the Philippines as a non-immigrant before
January 1, 1984, the alien must establish that this period of
authorized stay as non-immigrant expired before such date through the
passage of time or that the alien’s unlawful status was known to the
government as of such date.
4. The alien
must establish that he has been continuously physically present in the
Philippines since the date of the effectivity of this Executive Order;
provided that an alien shall not be considered to have failed to
maintain continuous physical presence in the Philippines by virtue of
brief, casual and innocent absences from the Philippines.
5. Nothing in
this Executive Order shall be construed as authorizing an alien to
apply for admission to, or to be admitted to, the Philippines in order
to apply for adjustment of status under this Executive Order.
6. The alien
must establish that (a) he is admissible to the Philippines as an
immigrant, except as otherwise provided under Paragraphs 11 and 12; (b)
he has not been convicted of any crime or of three or more violations
of local ordinances committed in the Philippines; and (c) he has not
assisted in the persecution of a persons on account of race, religion,
nationality, membership in a particular social group, or political
opinion.
7. The alien
must demonstrate that he either (a) possesses minimal understanding of
ordinary English or Pilipino and a knowledge and understanding of the
history and government of the Philippines; or (b) is satisfactorily
pursuing a course of study recognized by the Commissioner of
Immigration and Deportation to achieve such an understanding of the
history and government of the Philippines; provided that the
Commissioner of Immigration and Deportation may, in her discretion,
waive all or part of the requirements of clause (a) in the case of an
alien who is 65 years of age or older.
8. Neither the
Commissioner of Immigration and Deportation nor any other official or
employee of the Department of Justice or bureau or agency thereof may
(a) use the information furnished pursuant to an application filed
under this Executive Order for any purpose other than to make a
determination on the application or for enforcement of penalties for
false statements in applications; or (b) make any publication whereby
the information furnished by any particular individual can be
identified; or (c) permit anyone other than the sworn officers and
employees of the Commissioner of Immigration and Deportation to examine
individual applications.
9. The
Commissioner of Immigration and Deportation shall charge a fee of
P50,000, plus an overtime fee of P1,000, for the filing of
applications; provided that the Commissioner of Immigration and
Deportation may, in her discretion, charge a lower fee for the spouse
and minor children below 21 years old of the applicant.
10. The
Commissioner of Immigration and Deportation shall deposit payments
received under Paragraph 9 in a separate account, and amounts in such
account shall be available, without fiscal year limitation, to cover
administrative and other expenses incurred in connection with the
review of applications filed under this Executive Order.
11. Except as
provided in Paragraph 12, herein, the Commissioner of Immigration and
Deportation may waive exclusion grounds under the Immigration Act in
the case of individual aliens for humanitarian purposes to assure
family unity or for the public interest.
12. The
following grounds for exclusion may not be waived by the Commissioner
of Immigration and Deportation, namely, (a) those relating to
criminals; (b) those relating to aliens likely to become public
charges; (c) those relating to drug offenses, except for so much of
those provisions as relates to a single offense of simple possession of
marijuana; and (d) those relating to national security and members of
subversive organization.
13. The alien
shall be required, at his expense, to undergo such a medical
examination, including a determination of immunization status, as is
appropriate and in conformity with generally accepted professional
standards of medical practice.
14. The
Commissioner of Immigration and Deportation shall provide that, in the
case of an alien who presents a prima facie application during the
application period and until a final determination of the application
has been made in accordance with this Executive Order, the alien may
not be deported.
15. The
Commissioner of Immigration and Deportation shall establish a review
mechanism to provide for a single level of administrative review of a
determination made under this Executive Order.
16. The
Commissioner of Immigration and Deportation is hereby authorized to
issue rules and regulations necessary to implement this Executive
Order.
17. All
orders, rules and regulations in conflict or inconsistent with the
provisions of this Executive Order are hereby modified or repealed
accordingly.
This Executive Order shall take effect immediately.
DONE in the City of Manila,
this 13th day of April, in the year of Our Lord, nineteen hundred and
eighty-eight.
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Since 19.07.98.