Rules and Regulations to Implement Republic Act No. 7919 (Alien Social Integration Act of 1995)
|Publisher||National Legislative Bodies|
|Author||Republic of the Philippines|
|Publication Date||17 April 1995|
|Cite as||Rules and Regulations to Implement Republic Act No. 7919 (Alien Social Integration Act of 1995) , 17 April 1995, available at: http://www.refworld.org/docid/3ae6b5674.html [accessed 21 May 2013]|
|Comments||This is the official text. The Rules were approved on 17 April 1995.|
|Disclaimer||This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.|
Pursuant to Section 15 of Republic Act No. 7919, The Alien Social Integration Act of 1995 the following Rules and Regulations are hereby promulgated to ensure the efficient implementation of the provisions of said Act:
SECTION 1.Policy Objectives
These rules shall seek to promote the grant of permanent residence status to aliens who have signified their intention to be part of Philippine society consistent with national security and interest and in recognition of their human rights.
SECTION 2.Definition of Terms
As used in these Rules, unless the context indicates otherwise:
a.Application refers to the registration forms and its annexes which are filled by an alien who is applying for legal residence status or confirmation/affirmation of his stay under these Rules;
b.Applicant refers to an alien, his spouse and dependent who files an application;
c.Act refers to Republic Act. No. 7919, The Alien Social Integration Act of 1995;
d.Immigration Law refers to Commonwealth Act no. 613, The Philippine Immigration Act of 1940 as amended;
e.EO 324 refers to Executive Order No. 324 dated 13 April 1988, The Alien Legalization program of 1988;
f.Bureau refers to the Bureau of Immigration ;
g.Commissioner refers to the Commissioner of the Bureau;
h.ASIO refers to the Alien Social Integration Office of the Bureau;
i.Civil Registrar refers to the Civil Registration of the place where the Applicant resides;
j.NBI refers to the National Bureau of Investigation;
k.BIR refers to the Bureau of Internal Revenue; and
l.Bank refers to a commercial or universal bank that is certified by the BIR as an authorized collector of income tax payments where the applicant intends to pay the integration fee.
II.PROCEDURE FOR INTEGRATION
SECTION 3.Eligible Alien
An Alien is eligible for the grant of permanent residence status under the Rules if he:
a.entered the Philippines before 30 June 1992 and his stay in the country is unlawful or illegal at the time of the filing of the application under these Rules;
b.was granted permanent residence status under E.O. 324 and his stay was subsequently reverted to illegal status because of non-compliance or violation of the terms of the said grant.
SECTION 4.Ineligible Alien
An Alien who is a refugee for religious, political or racial reasons in the Philippines, in such classes or cases and under such conditions as may be prescribed by higher authorities, is not eligible for the grant of permanent status hereunder.
SECTION 5.Form of Application
An application shall be in the form prescribed by the Bureau. (form I)
SECTION 6.Where To Get Application
An application in six (6) sets may be secured. These Rules shall be from the ASIO upon payment of an administrative fee of One Thousand pesos (P1,000.)
SECTION 7.Period For Filing Application
The Period for filing an application under these rules shall be from 1 June 1995 to 31 December 1996.
SECTION 8.Preparation Of application
An applicant, his spouse and legitimate child below eighteen (18) years of age shall prepare and file separate applications: Provided, that whenever practicable, applications of members of the same family be filed together.
SECTION 9.Interview Of Applicant
An Applicant may be interviewed by a member of the ASIO but only to complete the entries in the application.
SECTION 10.Supporting Documents
An application shall be accompanied by the following documents:
a.passport or other travel document of the applicant, national or state identification card from his country of origin, for similar documents to establish his identity,together with the marriage certificate or similar document, in the case of the spouse, and the birth certificate, baptism certificate or other evidence of birth, in the case of a dependent;
b.affidavits of two (2) Philippine citizens of good reputation in the place of residence of the Applicant attesting to the latter's good moral character;
c.income tax returns for the immediately preceding taxable year, wage records, bank statements or evidence of other assets, affidavit of support completed by a responsible person in the Philippines, or other evidence to establish that the Applicant is not likely to become a public charge;
d.medical certificate issued by public medical or health facility or by a similar private facility accredited by the Department of Health to show that the applicant is not afflicted with the Acquired Immune Deficiency Syndrome (AIDS); and
e.medical certificate issued by public medical or testing facility that the Applicant is not a user of prohibited drugs or is otherwise a drug addict.
SECTION 12.Photographs of Applicant
Twelve (12) passport-size color photographs taken within thirty (30) days of the date of the application showing the front and both profiles of Applicant , without a hat or glasses, shall be attached to the application and to the fingerprint card mentioned in section 16 of these Rules. The photographs shall have a white background, be glossy, unretouched, and not be accepted. The Applicant shall sign his name at the front of each photograph.
SECTION 13.Filing Fee
Applicant shall attach to the application three (30 money orders or cashier's checks in the amount of One hundred pesos (P100.00) each payable to the BIR, the NBI and the Banks as filing fee.
SECTION 14.Dental Records
The Applicant shall submit his dental records issued within a period of one month from the date of the application. Said records shall be attached to the application that will be filed with the NBI.
SECTION 15.Filing Of Application
The Applicant shall file, the application, in five (5) sets, with the Bureau. if the Bureau finds that the application is complete in form and is accompanied by all the required supporting documents and papers, it shall cause the fingerprinting of the Applicant.
SECTION 16.Fingerprinting Of Application
The Bureau shall take the fingerprints of the Applicant and affix the same on two (2) separate fingerprint cards (form 2). The cards shall be signed by the applicant in the presence of the person taking the fingerprints. One of the fingerprint cards shall be obtained by the Bureau for its files and the others shall be attached individually to the application that will be sent to the BIR, the NBI and the Civil Registrar.
SECTION 17.Filing of Applicant
After fingerprinting, the Bureau shall release the remaining four (4) sets of the application to the applicant. It shall retain one (1) complete set of the application for its files.
SECTION 18.Certificate of Filing
The Applicant may either file the four (4) sets of applications released to him directly with the Civil Registrar, the BIR, the NBI and the Bank, or he may file them directly with the Bank. In the latter case, the Bank shall file the applications with the BIR and Civil Registrar.
SECTION 19.Acceptance Of Application
It shall be the ministerial duty of the Civil Registrar, the BIR and the NBI to accept the application filed by the applicant or the Bank, as the case may be.
SECTION 20.Issuance Of Certification
Upon receipt of the application, the Civil Registrar, the BIR and the NBI shall issue a certification that the application had been received by their respective offices.
SECTION 21.Integration Fee
The Bank shall accept payment of the Integration Fee as follows, from the Applicant upon presentation of the certifications referred to in Section 20 above:
a.For the principal - A first installment of One hundred thousand pesos (P100,000.00) plus Fifty thousand pesos (P50,000.00) per year payable over a three-year period counted from the date of the payment of the first installment: Provided, that the three installments of fifty thousand pesoos (P50,000.00) shall each be paid within twelve (12) months from the date of the last installments payment without any extension: Provided, further, that the Applicant may, in lieu of the above installment payments, immediately pay two hundred thousand pesos (P200,000.00) in cash;
b.For the spouse - A single payment of Fifty thousand pesos (P50,000.00); and
c.For each legitimate child below eighteen (18) years of age - A single payment of Twenty five thousand pesos (25,000.00)
SECTION 22.Credit For Payment Under EO 324
In the payment of the Integration Fee, the Applicant shall be credited with the amounts he may have paid for an approved application under EO 324.
SECTION 23.Nature Of Integration Fee
The Integration Fee shall be considered as payment of all immigration fees and fines which the Applicant may have incurred during his unlawful residence in the country.
SECTION 24.Official Receipt
After the payment by the Applicant of a processing fee in the amount of One thousand pesos (P1,000.00), the Bank shall issue an official receipt evidencing payment of the first installment or the whole of the Integration Fee, as the case may be, as regards the principal Applicant, or of the whole amount of the Integration Fee, in the case of the spouse or dependent child of the principal Applicant.
SECTION 25.Publication Fee
The Bank shall collect a publication fee in the amount of Five thousand pesos (P5,000.00) from the Applicant.
The Bureau shall publish the names, age, and a photograph of the Applicant in a national newspaper of general circulation at the end of each calendar year for period from 1 June 1995 to 31 December 1996. The cost of said publication shall be charged against the publication fee collected by the Bank.
III.ADMINISTRATIVE CONFIRMATION OR CONFIRMATION OF IMMIGRATION STATUS
SECTION 27.Who May Apply For Administrative confirmation
An alien not included in the list of eligible aliens in Section 3 of these Rules may avail of the procedure set forth herein to confirm or affirm the validity of his stay in the Philippines.
IV.DEPORTATION CASES DURING THE PERIOD OF IMPLEMENTATION OF THE ACT
SECTION 28.Cases Pending Investigation
All cases for the deportation of aliens undergoing investigation by the Bureau for alleged violation of any provision of the Immigration Law shall be immediately suspended upon proof of filing with the Commissioner of a written notice signed by the alien of his intention to file an application under these Rule (form 3).
SECTION 29.Order of Release
Upon receipt of the written notice of intent, the Commissioner shall order the provisional release of the alien who may be in detention under the recognizance of a responsible member of the community. The Alien shall post a bond in an amount to be fixed by the Commissioner for his release, Certified true copies of the release order shall also be filed with the Bureau's Intelligence Division, Law and Investigation Division and the Board of Special Inquiry.
SECTION 30.Reactivation Of Suspended Case
If the application filed by the alien whose deportation case is suspended is denied, said case shall be automatically reactivated after 31 December 1996 and the alien shall be rearrested and recommitted.
V.ISSUANCE OF ALIEN CERTIFICATE OF REGISTRATION (ACR) AND IMMIGRANT CERTIFICATE OF RESIDENCE (ICR)
SECTION 31.Issuance Of ACR and ICR
The Bureau shall, after regular processing under existing immigration rules and procedures, issue an ACR and ICR to the qualified Applicant for integration or confirmation/affirmation of stay upon presentation of the certification that the BIR, the NBI and the Civil Registrar received copies of said application. The qualified applicant for integration shall also be required to present the official receipt issued by the Bank evidencing payment of the Integration Fee.
SECTION 32.Effect Of Issuance Of ACR-
The legal residence of the Applicant shall commence from the date the Bureau issues the ACR.
SECTION 33.Derivative Benefit
A legitimate child born after 30 June 1992 of both parents who received the benefits under Act shall be issued an ACR and an ICR.
SECTION 34.Cancellation of ACR
An ACR issued under these Rules shall, after notice and due hearing, be canceled in any of the following instances:
a.if the Principal Applicant failed to pay an installment of the Integration Fee within the prescribed period;
b.if the qualified Applicant for integration or confirmation/affirmation is found.to belong to any class of alien who may be excluded from entry into the Philippines pursuant to Section 29 of the Immigration Law; or is found guilty of any act which is considered a ground for deportation under Section 57 of the same law.
SECTION 35.Confidentiality Of Information
The information provided by an Applicant under these Rules is confidential and may only be used to make a determination of the veracity of the factual statements he made or to enforce the penalties imposed under the Act.
SECTION 36.Immunity From Prosecution
An Applicant who is granted permanent residence status under the Act shall not be prosecuted for offenses defined under Commonwealth Act No. 613, The Philippine Immigration Act of 1940, as amended, which are inherent to illegal residence such as the absence of valid travel documents, or for such crimes or felonies committed due to acts necessary or essential to maintain a false or fraudulent or illegal residence, such as falsification of marriage, birth or baptismal certificates or travel documents, visas or alien certificates of registration.
An Applicant who knowingly makes an untruthful statement in his application shall be liable for perjury under the Revised Penal Code. An Applicant who is found guilty or perjury shall, in addition to the penalty imposed on said offense, be subject to deportation.
These Rules shall take effect after fifteen (15) days following its publication in a newspaper of general circulation in the Philippines.
17 April 1995
DEMETRIO G. DEMETRIA
Acting Secretary of Justice