HANDBOOK for FILIPINOS OVERSEAS

Seventh Edition

OFFICE OF THE PRESIDENT

COMMISSION ON FILIPINOS OVERSEAS
Manila, Philippines
September 2005
Copyright© Commission on Filipinos Overseas
Published in September 2005
ISBN – 971-92308-4-3
 FOREWORD

The migration of our countrymen to other shores which started more

than two and a half centuries ago, has given rise to a transnational
community of Filipinos. We now have over seven and a half million Filipinos
living or working in more than 160 of the world’s countries. The Filipino
Diaspora upholds our status as a truly global nation.

This Seventh Edition of the Handbook for Filipinos Overseas was

thoughtfully and thoroughly prepared by the Commission to bridge the
information gap experienced by most Filipinos who have been away for
so long from our shores. This handbook provides overseas Filipinos with
relevant information about Philippine laws and government programs and
services which concern them, or are of interest to them. By keeping them
informed and interested in their homeland, these global Filipinos are
encouraged to be a potent force of change and development in our society.
The manual contains, among others, information about rights, obligations
and privileges of overseas Filipinos, and specific programs that they could
invest in or support while earning abroad.

I thank the various government agencies which contributed to the

preparation and completion of this important Handbook. I congratulate
the Commission on Filipinos Overseas for this vital initiative.

GLORIA MACAPAGAL-ARROYO
President of the Philippines

Manila
October 2004
 CONTENTS

The Republic of the Philippines in Brief 7

Filipinos Overseas and their Contribution

to National Development 9

Recognition of Overseas Filipinos 13

Philippine Laws and Regulations Affecting

Filipinos Overseas 15

• Migrant Workers and Overseas Filipinos Act 15

• Foreign Investments Act 22
• Retail Trade Liberalization Act 35
• Tax Reform Act 37
• Travel Tax 40
• Balikbayan Law 43
• Land Ownership by Filipinos Overseas 45
• Permanent Residency Status for Filipino Veterans 51
• Dual Citizenship Law 53
• Philippine Passport Act 57
• Inter-Country Adoption Act 63
• Domestic Adoption Act 67
• Travel Clearance for Minors Traveling Abroad 70
• Overseas Absentee Voting Law 75
• Anti-Trafficking in Persons Act 80
• Guidelines in the Importation and the Exportation
of Plants and Animals 83

Immigration Policies on Visiting and Returning 89

Overseas Filipinos

• Temporary Visitor 89
• Permanent Resident 89
• Student Visa 92
• Children Under 15 Traveling Alone 94
 • Recognition as a Filipino Citizen 95
• Pre-Arranged Employment Visa 96
• Special Investor’s Resident Visa 104

Programs and Services of Government Agencies 107

for Overseas Filipinos

• Post-Arrival Orientation Services 107

• Lakbay-Aral and Lakbayan sa Pilipinas Program 108
• Philippine Schools Overseas 109
• Lingkod sa Kapwa Pilipino (LINKAPIL) Program 111
• No-Dollar Importation of Motor Vehicles 122
• Conditionally-Free Importation 125
• Exchange Visitor Program 127
• Balik Scientist Program 133
• Pag-IBIG Overseas Program 139
• Philippine Seafarers’ One-Stop Center (PSOC) 142
• Social Security 144
• Medicare 149
• OWWA’s Programs for OFWs 151
• Retirement Program 163
• Investing in the Philippines 166

Acknowledgement
THE REPUBLIC OF THE
PHILIPPINES IN BRIEF

“The Philippines is your country, and the only country God has given
you; that you must keep it for yourselves, for your children and for
your children’s children until the world is no more . You must live for
it and die for it if necessary.”

- Manuel L. Quezon
First President, Philippine Commonwealth
1935-1944

Short Name: PHILIPPINES

Capital: Manila
Land Area: 300,000 sq. km.
Population: 81.08 million (National Statistical
Coordination Board as of 2003)
Official Languages: Filipino and English
Religion: Roman Catholic (83%), Protestant (9%)
Muslim (5%), Buddhist and other
religions (3%)
Simple Literacy Rate: 92.6%
8

The Philippines, also known as the Pearl of the Orient and the Island
of Smiles, is the world’s second largest archipelago.

Located in the heart of Southeast Asia, the Philippines is bounded by

the Pacific Ocean on the east, Celebes Sea on the south, and South China
Sea on the west and north. It is composed of 7,107 islands and islets,
which are clustered into three geographical groups –Luzon, Visayas, and
Mindanao. The Philippines has mountainous terrain, interior valleys and
plains, and narrow but long coastlines. There are no temperature extremes,
with seasons either dry or wet. Despite the frequent typhoons experienced
by the country half of the year, a wide variety of flora and fauna continue
to thrive in its rainforests. It boasts of 500 species of birds, 800 species of
orchids, and 8,500 species of flowering plants.

The country’s natural beauty is surpassed by the warmth and rich

culture of its people. While the present generation of Filipinos is largely of
Malay descent (approximately 91.5%), the norms and practices observed
are a unique combination of the East and West. The Filipino culture is a
synthesis of centuries of colonization and immigration of Malays, Spaniards,
Americans, Japanese, and Chinese.

Economic growth is propelled by services, industry, agriculture, forestry,

and fishing. Major exports include garments, semiconductors and electronic
microcircuits, coconut products, tropical fruits, and sugar. But more than
these, it is the people’s hard work, resiliency, and patriotism that have
helped the nation triumph over the domestic and global, political, and
economic challenges it continues to face.

Sources: US Library of Congress, Country Study Philippines, 1991

National Statistics Office
National Statistical Coordination Board
The World Factbook 2005
UNDP Human Development Reports, 2004
FILIPINOS OVERSEAS
AND THEIR CONTRIBUTION
TO NATIONAL DEVELOPMENT

The Commission on Filipinos Overseas estimates that as of December

2004, there were 8.08 million Filipinos living or working abroad. The number
is nearly 10% in relation to the country’s population of 81.08 million.

Of the 8.08 million overseas Filipinos, roughly 3.60 million are overseas
Filipino workers, 3.19 million are permanent residents, and 1.30 million are
classified as irregular. The top 5 countries of destination for overseas
Filipino workers are the Kingdom of Saudi Arabia, Japan, Hong Kong,
United Arab Emirates, and Taiwan. For the emigrants or permanent
residents (including spouses and other partners of foreign nationals), the
United States of America, Canada, Australia, Japan, United Kingdom,
and Guam are the major destination countries.

Filipinos living and working abroad have been a major source of

contributions and assistance. They have provided donations to various
communities in the Philippines and have infused capital to the country
through remittances, investments, and other forms of contributions.

REMITTANCES

The remittances of overseas Filipinos have contributed significantly in

keeping the current account deficit manageable and in stabilizing the
10

Remittances of Overseas Filipinos

Year 2004

Japan Hong Kong Italy

Others 3% 3%
21% 5%

UK
3%

KSA
9%

USA
Total Remittances:
56%
US$8.5 Billion

economy. The Bangko Sentral ng Pilipinas (BSP) reported that Filipinos

overseas remitted US$8.5 billion in 2004. Major sources of remittance are
the United States of America, Kingdom of Saudi Arabia, Italy, Japan,
United Kingdom, Hong Kong, Singapore, Dubai, Germany, Kuwait and
Abu Dhabi.

From 1990 to 2004, remittances of Filipinos overseas have reached a

total of US$75 billion.

DONATIONS AND OTHER FORMS OF ASSISTANCE

Overseas Filipinos also send financial and material assistance to the country
through government agencies and NGOs for less privileged groups and
individuals, as well as underserved communities. The donations fund and
 11

support activities for relief and rehabilitation, education and scholarships,

health equipment/facilities and medical missions, water and sanitation
facilities, and livelihood assistance. Through the efforts of the Commission
on Filipinos Overseas, an estimated P1.516 billion in donations have been
sent by overseas Filipino groups through the Lingkod sa Kapwa Pilipino
(service to fellow Filipinos) or LINKAPIL program from 1990 to 2004 for
projects in 73 provinces.

Major sources of these donations include Filipinos in the United States,

Germany, Canada, Australia, and Japan.

Please refer to the section on LINKAPIL for more information on

the program.

Transfer of Technology

The support of overseas Filipinos is not limited to material/financial

assistance. They also facilitate the transfer of information and technology
to the country. Various opportunities are available for Filipinos overseas to
visit the Philippines and share expertise with local counterparts through
lectures, workshops, and other volunteer work. These avenues include
the Balik-Scientist Program of the Department of Science and Technology,
Exchange Visitor Program of the Commission on Filipinos Overseas, and
other exchange programs conducted by Filipino associations overseas in
the Philippines. Aside from these activities, partnerships for research or
special projects are being encouraged between Filipinos overseas and local
counterparts to pass on new knowledge or develop indigenous technology.
RECOGNITION
OF OVERSEAS FILIPINOS

MONTH OF OVERSEAS FILIPINOS

In 1988, Proclamation No. 276 declared December of every year as

“Month of Overseas Filipinos”. Special activities to give recognition to
Filipinos abroad and to encourage their participation in development activities
in the country are undertaken every December in observance of this
occasion.

PRESIDENTIAL AWARDS FOR FILIPINO INDIVIDUALS AND

ORGANIZATIONS OVERSEAS

The Presidential Award gives recognition to individuals and organizations

overseas for their invaluable contribution in the service of Filipinos here
and overseas, and for demonstrating exceptional achievements in their
work or profession.

The awards system was institutionalized in 1991, with the issuance of

Executive Order No. 498 by then President Corazon C. Aquino. The
awards have so far been conferred on two hundred thirty-five (235) Filipinos
and private organizations in 36 countries.
14

Awards Categories

There are four (4) categories under this awards system:

1. Lingkod sa Kapwa Pilipino Award is given to Filipino

associations or individuals for their exceptional contributions to
progress and development in the Philippines.

2. Kaanib ng Bayan Award is given to foreign private organizations

for their exceptional contributions to Philippine development and
progress.

3. Banaag Award is accorded to Filipino and foreign individuals or

associations for advancing the cause of Filipino communities
overseas or for supporting specific sectors/communities in the
Philippines.

4. Pamana ng Pilipino Award is bestowed on overseas Filipinos

for excellence and distinction in their work or profession.

All nominations must be endorsed by the Philippine embassy and

consulate.
PHILIPPINE LAWS AND REGULATIONS
AFFECTING FILIPINOS OVERSEAS

MIGRANT WORKERS AND OVERSEAS FILIPINOS ACT OF

1995

Republic Act No. 8042 was enacted in June 1995 to concretize

government’s commitment to protect the rights and promote the welfare
of migrant workers, their families, and other overseas Filipinos in distress.
It also provides the framework for concerted government action in dealing
with difficulties faced by Filipinos abroad.

The law seeks to protect the rights and interests of Filipino workers
and other Filipinos abroad through specific policies and services.

Policy Guidelines

The programs and services provided for in R.A. 8042 are anchored
on the following policies:

1. The dignity of citizens, whether in the country or overseas, and

Filipino migrant workers, in particular, shall be upheld.

2. Filipino migrant workers shall be provided with adequate and timely

social, economic, and legal services.
16

3. Overseas employment shall not be promoted as a means to sustain

economic growth and achieve national development. The existence
of the overseas employment program rests solely on the assurance
that the dignity and fundamental human rights and freedoms of
the Filipino citizen shall not, at any time, be compromised or
violated.

4. Women and men shall be equal before the law; women shall have
significant role in nation building.

5. An effective mechanism shall be instituted to ensure that the rights

and interests of distressed overseas Filipinos, in general, and Filipino
migrant workers, in particular, are adequately protected and
safeguarded.

6. Filipino migrant workers and all overseas Filipinos shall have the
right to participate in the democratic decision-making processes
of the State and to be represented in institutions relevant to
overseas employment.

7. The ultimate protection of all migrant workers shall lie in the

possession of skills.

8. Non-governmental organizations shall be recognized as partners

in the protection of Filipino migrant workers and in the promotion
of their welfare.

Programs and Services

The following programs and services for overseas Filipinos are provided
for by R.A. 8042:
 17

Name of Agency Concerned Main Features/Highlights

Program/
Service

Travel Philippine embassies Issuance of travel advisories or

Advisory/ and consulates dissemination of information on labor
Information and employment conditions and
Dissemination POEA migration realities and other facts to
adequately prepare individuals into
making informed and intelligent
decisions about overseas employment

Migrant OWWA in Institutionalization of financing

Workers coordination schemes to expand grant of pre-
Loan Guarantee with GFIs departure loan and family assistance
Fund loan to Filipino migrant workers and
their families

A revolving amount of P100 million

from the OWWA was set aside as a
guarantee fund in favor of participating
government financial institutions
(GFIs).

Migrant Philippine embassies/ Establishment of a 24-hour information

Workers and consulates with and assistance center in countries
Other Overseas other government where there are large concentrations
Filipino agencies of Filipino migrant workers. Among
Resource the services of the center are:
Centers
• counseling and legal services
• welfare assistance, including
procurement of medical and
hospitalization services
• information programs to
promote social integration,
settlement, and community
networking
• training and skills upgrading
18

Name of Agency Concerned Main Features/Highlights

Program/
Service

• gender sensitive activities to

address specific needs of women
migrant workers

A counterpart 24-hour information and

assistance center is also established at
the DFA.

Shared DFA, CFO, DOLE, Sharing of existing database among

Government POEA, OWWA, agencies concerned. The database
Information DOT, DOJ, BI, NBI, initially include:
System for and NSO
Migration • masterlist of Filipino migrant
workers with pertinent
demographic information
• inventory of pending legal cases
of Filipino migrant workers
• masterlists of departing/ arriving
Filipinos
• statistical profile on Filipino
migrant workers/ overseas
Filipinos/tourists
• blacklisted foreigners/
undesirable aliens
• basic data on legal systems,
immigration policies, marriage
laws, and civil and criminal codes
in receiving countries
particularly those with large
numbers of Filipinos
• list of labor and other human
rights instruments where
receiving countries are
signatories
 19

Name of Agency Concerned Main Features/Highlights

Program/
Service

• a tracking system of past and

present gender disaggregated
cases involving male and female
migrant workers
• listing of overseas posts which
may render assistance to overseas
Filipinos in general, and migrant
workers in particular

The second phase involves linking of

computer facilities to allow free-flow data
exchanges among agencies.

Emergency OWWA Administration, control, and supervision

Repatriation of a fund consisting of P100 million taken
Fund from existing OWWA funds and
additional funds appropriated from the
General Appropriations Act for the
repatriation of workers in cases of war,
epidemic, disaster, or natural or man-
made calamities, similar events, and in
cases of repatriation of workers where
the principal or recruitment agency
cannot be identified

DFA Repatriation of underaged migrant

workers

Re-placement DOLE Establishment of a mechanism that will

and Monitoring facilitate re-integration of returning
Center Filipino migrant workers into Philippine
society, serve as a promotion house for
their local employment, and tap their skills
and potentials for national development
20

Name of Agency Concerned Main Features/Highlights

Program/
Service

DOLE, OWWA, Formulation of a program that will

POEA motivate migrant workers to plan for
productive options such as entry into
highly technical jobs, livelihood, and
entrepreneurial development, better
wage employment, and investment of
savings

TESDA, TLRC Provision of training to returning

overseas workers, giving priority to
returnees who had been employed as
domestic helpers and entertainers

Legal DFA Office of the Creation of the Office of the Legal

Assistance for Undersecretary for Assistant for Migrant Workers Affairs
Migrant Migrant Workers which will be responsible for the
Workers Affairs provision and overall coordination of all
legal assistance services to Filipino
migrant workers, as well as overseas
Filipinos in distress

Legal DFA Office of the Creation of a fund to be used to pay for

Assistance Undersecretary for legal services of migrant workers and
Fund Migrant Workers overseas Filipinos in distress, especially
Affairs for:

• fees for foreign lawyers

• bail bonds
• court fees and charges and other
litigation expenses

The fund in the amount of P100 million

was sourced from the President’s
Contingency and Social Funds and the
Welfare Fund for Overseas Workers.
 21

Name of Agency Concerned Main Features/Highlights

Program/
Service

Assistance to DFA Office of the Created an Assistance-to-Nationals Task

Nationals Undersecretary for Force in order to establish an integrated
Migrant Workers government and public sector response
Affairs system to the problems of international
migration

Congressional DOLE, DOST Establishment of scholarship fund to

Migrant benefit deserving migrant workers and/
Workers or their immediate descendants below 21
Scholarship years old who intend to pursue courses
Fund or training in the field of science and
technology. Its implementation is
subject to the availability of funds.

In January 2000, Executive Order No. 203 was issued establishing

the Inter-Agency Committee on the Shared Government Information
System for Migration. This inter-agency body is envisioned to put in place
a mechanism to harness data and information exchanges among the 17
member and support agencies of the Philippine government to better serve
the interests and well being of Filipinos overseas.

Other Provisions of R.A. 8042

The other provisions of the law include the following:

1. Selective deployment of Filipino migrant workers to countries

where their rights are protected

2. Definition of illegal recruitment activities, and provision of

appropriate penalties thereof

3. Provision of incentives to professionals and highly-skilled Filipinos

abroad especially in the field of science and technology to enable
them to participate in and contribute to national development
22

4. Phase-out of the regulatory functions of the Philippine Overseas

Employment Administration

5. Exemption of overseas Filipino workers from the payment of travel

tax and airport fees

6. Designation of June 7 as Migrant Workers’ Day

FOREIGN INVESTMENTS ACT OF 1991

Republic Act 7042, also known as the Foreign Investments Act of

1991, was enacted to spell out the procedures and conditions under which
non-Philippine nationals, including former Filipino citizens, who have not
re-acquired nor retained their Philippine citizenship, may invest and do
business in the Philippines with a required paid-in capital of at least
US$200,000. The law was amended by Republic Act 8179 to further
liberalize the entry of foreign investments into the country.

Foreign investments refer to equity investments made by a non-

Philippine national in the form of foreign exchange and/or other assets
actually transferred to the Philippines and duly registered with the Central
Bank which shall assess and appraise the value of such assets other than
foreign exchange. These non-cash assets may be in the form of capital
goods and patents, formulae, or other technological rights or processes.

Specific Areas of Equal Investment Rights for Former Filipino

Nationals

While most areas of business have limits for foreign investors, Section
9 of the amended Foreign Investments Act of 1991 lists the following
types of businesses where former natural-born Filipinos, who have not
elected dual citizenship, can enjoy the same investment rights as Philippine
citizens:

1. Cooperatives
2. Rural banks
3. Thrift banks and private development banks
4. Financing companies
 23

Former natural-born Filipinos can also engage in activities under List

B of the Foreign Investments Negative List. This means that their
investments shall be treated as Filipino or will be considered as forming
part of Filipino investments in activities closed or limited to foreign
participation.

The equal investment rights of former Filipino nationals do not extend

to activities reserved by the Constitution for Filipino citizens, including the
following:

1. Exercise of profession
2. Defense-related activities
3. Security agency
4. Small-scale mining
5. Rice and corn industry
6. Cockpit operation and management

Former natural-born Filipinos have been given the right to be transferees

of private land up to a maximum of 5,000 square meters in the case of
urban land or three (3) hectares in the case of rural land for their use in
business or other purposes. Please refer to the section on land ownership
for details.

Former natural-born Filipinos who have elected dual citizenship shall

not be covered by the prohibitions set forth above, by virtue of Republic
Act 9225. Dual citizens are not prohibited from enjoying the same
investments rights as Philippine citizens.

General List of Businesses Exclusive to Filipino Nationals

Section 8 of the amended Foreign Investments Act (FIA) enumerates

the investment areas reserved for Filipino nationals. The Foreign
Investments Negative Lists (FINL) are classified as follows:

1. List A - consists of areas of activities reserved for Philippine

nationals where foreign equity participation in any domestic or
export enterprise engaged in any activity listed therein shall be
limited to a maximum of forty percent (40%) as prescribed by the
Constitution and other specific laws.
24

2. List B - consists of areas of activities where foreign ownership is

limited pursuant to law such as defense or law enforcement-related
activities, or which have negative implications on public health
and morals, and small and medium-sized domestic market
enterprises with paid-in equity capital of less than US$200,000.

The revised Foreign Investments Act also deleted List C of the Foreign
Investments Negative List. List C contains investment areas already
adequately served by existing enterprises and in which foreign investments
need not be encouraged further. Deletion of this list is expected to open
further the market to foreign investments and keep existing firms efficient
and responsive to the needs of consumers. Consumers will also benefit
through wider choices of products in terms of quality and prices.

Application for Registration of Business of Non-Philippine Nationals

The following are the requirements for application for registration and
the agencies responsible for processing such applications:

Agency Type of Business Requirements

Securities 1. Domestic In the case of a new domestic

and corporations or corporation or partnership:
Exchange partnerships which
Commission are non-Philippine 1. Application form
nationals 2. Articles of incorporation or of
2. Foreign partnership
corporations 3. Name verification slip
4. Bank certificate of deposit
5. ACR (alien certificate of
registration), ICR (immigrant
certificate of registration), SIRV
(special investors resident visa),
Visa 13 of the alien subscriber
6. Proof of inward remittance such
as bank certificate of inward
remittance or credit advices
7. Registration data sheet
8. Treasurer’s affidavit
 25

Agency Type of Business Requirements

For foreign corporation:

1. Application form

2. Name of verification slip

3. Certified copy of board resolution

authorizing the establishment of
an office in the Philippines and
designating the resident agent to
whom summons and other legal
processes may be served on
behalf of the foreign corporation;
and stipulating that in the absence
of such agent or upon cessation
of its business in the Philippines,
the SEC shall receive any
summons or legal process as if the
same is made upon the corporation
at its home office.

4. Financial statements for the

immediately preceding year at the
time of filing of the application,
certified by an independent
certified public accountant of the
home country

5. Certified copies of the articles of

incorporation/partnership with an
English translation if in a foreign
language

6. Proof of inward remittance such

as bank certificate of inward
remittance or credit advices

7. Registration data sheet

26

Agency Type of Business Requirements

8. Resident agent’s acceptance of

appointment

For representative offices, the amount

initially remitted should be at least
US$30,000.

Bureau of • Single 1. Certified true copy of the

Trade proprietorships certificate of authority to engage
Regulations • Applications for in business in the Philippines per
and Metro Manila R.A. 7042 issued by the DTI-NCR
Consumer
Protection 2. Certified true copy of latest
(BTRCP), business permit from the
DTI-NCR concerned local government unit
(LGU)

3. Alien certificate of registration

(ACR) updated for the current year
and present original copy of
comparison

4. Accomplished DTI Form No. 17

under R.A. 7042

5. Current written appointment of

Filipino resident agent

6. Clearance from other involved

agencies such as Department of
Science and Technology (DOST),
PNP, etc.

7. In case of alien retailer, current

year’s permit to engage in retail
business per R.A. 1180
 27

Agency Type of Business Requirements

Provincial Corporations/ *same requirements

Extension partnerships
Offices of
the SEC

Provincial Sole proprietorships *same requirements

Offices of the
DTI

All documents executed abroad must be authenticated by the Philippine

embassy/consulate.

Pre-Processing of Documents

All applications are considered officially accepted only upon submission

of complete documents to appropriate government agency.

Additional Requirements

Former natural-born Filipinos who wish to do business in the Philippines

must also submit a copy of birth certificate, certified by the local civil
registrar or the National Statistics Office. For those born abroad, a
certificate of birth from the appropriate government agency of the country
where the birth is recorded will be required. It must show the father or
mother to be a Filipino at the time of birth or if the citizenship of the
parents is not indicated, additional proof that the parent is a Filipino citizen
or has not lost his/her Filipino citizenship at the time of the applicant
investor’s birth.

Those born before January 17, 1973 of Filipino mothers must also
submit all of the following:

1. Certified true copies of his/her sworn statement of election of

Filipino citizenship
28

2. Oath of allegiance from civil registrar where documents were

filed and/or forwarded
3. Identification certificate issued by the Bureau of Immigration

In case of loss and/or destruction of record of birth or non-registration

of birth, the following must be submitted:

1. Certificate of non-availability of birth certificate on account of

loss and/or destruction of birth record from the local civil registrar
and/or appropriate government agency if birth was registered
abroad
2. Copy of birth certificate of mother or father certified by the local
civil registrar or the NSO
3. Affidavit of two (2) disinterested persons attesting to their personal
knowledge that at the time of the applicant’s birth, he/she was
born of a Filipino mother or father

Documents executed or issued abroad must be authenticated by the

Philippine embassy or consulate having jurisdiction over the place of
execution or issuance of the document.

Approval

Decision or approval of the application should be made within fifteen

(15) working days from official acceptance of said document/s. Otherwise,
the application shall be considered as automatically approved if not acted
upon within the said period for a cause not attributable to the applicant.

One-Stop Action Center (OSAC)

The Board of Investments’ One-Stop Action Center for Investment

or OSAC expedites the setting up of business in the Philippines by providing
frontline services and assistance to walk-in investors. Competent personnel
from several government agencies are available to answer investors’
inquiries and the process of investor’s business registration. OSAC assists
local and foreign investors thru the Investment Promotion and Network
(IPN) consisting of 24 government agencies. The IPN facilitates
transactions and resolves issues and concerns through a strong linkage
and effective networking with the 24 agencies concerned with investments.
 29

The OSAC is located at the:

G/F Board of Investments

Industry and Investments Building
385 Sen. Gil Puyat Avenue, Makati City
Telefax No. (632) 895-8322
E-mail: [email protected] or [email protected]

Investment Priorities Plan (IPP)

The IPP is a list of various areas of economic activities for investment

eligible for government incentives as provided for in the Omnibus
Investments Code of 1987, as amended. This is drawn up and revised
every year in consultation with concerned government agencies and the
private sector. Generally, the IPP seeks to attain the following goals:

1. To uplift the material well-being of the poor and the marginalized

2. To enhance global competitiveness of Philippine industries
3. To ensure sustainable development
4. To take advantage of global and international developments

An enterprise may still be entitled to incentives even if the activity is

not listed in the IPP so long as:

1. at least 50% of production is for exports, if Filipino-owned

enterprise; and
2. at least 70% of production is for exports, if majority foreign-owned
enterprise (more than 40% foreign equity).

Incentives to Registered Firms

Incentives/privileges may be enjoyed only upon registration. In general,

registered enterprises are entitled to the following incentives:

Tax Exemptions

1. Income tax holiday (ITH)

30

a. BOI registered enterprises shall be exempt from the payment

of income taxes reckoned from the scheduled start of
commercial operations as follows:

• New projects with a pioneer status for six (6) years

• New projects with a non-pioneer status for four (4) years
• Expansion projects for three (3) years. As a general rule,
exemption is limited to incremental sales revenue/volume.
• New or expansion projects in less developed areas for
six (6) years, regardless of status
• Modernization projects for three (3) years. As a general
rule, exemption is limited to incremental sales revenue/
volume.

b. The income tax holiday is limited in the following cases:

• Export traders may be entitled to the ITH only on their

income derived from the following:
- Export of new products, i.e., those which have not
been exported in excess of US$100,000 in any of the
two (2) years preceding the filing of application for
registration, or
- Export to new markets, i.e., to a country where there
has been no recorded import of a specific export
product in any of the two (2) years preceding the
application for registration.

• Mining Activities
- Exploration and development of mineral resources
are not entitled to ITH
- Mining and/or quarrying without mineral processing
are not entitled to ITH
- Mining and processing of aggregates are not entitled
to ITH

c. Newly registered pioneer and non-pioneer enterprises and

those located in less developed areas (LDAs) may avail
themselves of a bonus year in each of the following cases:
 31

• The average cost of indigenous raw materials used in the

manufacture of the registered product must at least be
fifty percent (50%) of the total cost of raw materials for
the preceding years prior to the extension, unless the Board
prescribes a higher percentage.

• The ratio of the total imported and domestic capital

equipment to the number of workers for the project does
not exceed US$10,000 to one (1) worker.

• The net foreign exchange savings or earnings amount to

at least US$500,000 annually during the first three (3)
years of operation to be determined by the BOI at the
end of such three year period.

In no case shall the registered pioneer firm avail of this

incentive for a period exceeding eight (8) years.

2. Exemption from taxes and duties on imported spare parts

A registered enterprise with a bonded manufacturing warehouse

shall be exempt from customs duties and national internal revenue
taxes on its importation of required supplies/spare parts for
consigned equipment or those imported with incentives.

3. Exemption from wharfage dues and export tax, duty, impost and
fees

All enterprises registered under the IPP will be given a ten (10)
year period from the date of registration to avail of the exemption
from wharfage dues and any export tax, impost and fees on its
non-traditional export products.

4. Tax exemption on breeding stocks and genetic materials

Registered enterprises will be exempted from the payment of all

taxes and duties on their importation of breeding stocks and genetic
materials reasonably needed in the registered operations within
32

ten (10) years from the date of registration or commercial

operation..

Tax Credits

1. Tax credit on tax and duty portion of domestic breeding stocks

and genetic materials

A tax credit equivalent to one hundred percent (100%) of the

value of the tariff duties and taxes on local breeding stocks within
ten (10) years from date of registration or commercial operation
for agricultural producers.

2. Tax credit on raw materials and supplies

A tax credit equivalent to the national internal revenue taxes and

duties paid on raw materials, supplies and semi-manufacture of
export products and forming part thereof shall be granted to a
registered enterprise.

Additional Deductions from Taxable Income

1. Additional deduction for labor expense (ADLE)

For the first five (5) years from registration, a registered enterprise
shall be allowed an additional deduction from taxable income
equivalent to fifty percent (50%) of wages of additional skilled
and unskilled workers in the direct labor force. This incentive
shall be granted only if the enterprise meets a prescribed capital
to labor ratio and shall not be availed simultaneously with ITH.

This additional deduction shall be doubled if the activity is located

in an LDA.

2. Additional deduction for necessary and major infrastructure works

Registered enterprises located in LDAs or in areas deficient in

infrastructure, public utilities and other facilities may deduct from
taxable income an amount equivalent to the expenses incurred in
 33

the development of necessary and major infrastructure works it

may have undertaken with the prior approval of the BOI in
consultation with other goverment agencies concerned. This
privilege, however, is not granted to mining and forestry-related
projects as they would naturally be located in certain areas to be
near their sources of raw materials.

Non-Fiscal Incentives

1. Employment of foreign nationals

A registered enterprise may be allowed to employ foreign nationals

in supervisory, technical or advisory positions for five (5) years
from date of registration. The positions of president, general
manager, and treasurer of foreign-owned registered enterprises
or their equivalent shall, however, not be subject to the foregoing
limitations.

2. Simplification of customs procedures for the importation of

equipment, spare parts, raw materials, and supplies and exports
of processed products by registered enterprises in the operation
of their bonded warehouses.

3. Importation of consigned equipment for a period of ten (10) years

from date of registration, subject to posting of re-export bond.

4. The privilege to operate a bonded manufacturing/trading warehouse

subject to Customs rules and regulations.

Entrepreneurial Development Services

In view of the multitude of OFWs, and foreign exchange that they

continue to contribute to the economy, the Board of Investments (BOI)
believes that OFWs are excellent sources of investment into the Philippines,
hence, the inclusion of overseas Filipinos among BOI’s target investors.

To make its investment promotions effort for this sector effective and
gain more impact, the BOI has integrated its overseas promotions program
with the Overseas Workers Welfare Administration’s (OWWA)
34

Reintegration Preparedness Program. Among the activities and services

of the BOI for OFWs are:

1. Conduct of business/investment counseling seminar

2. Conduct of entrepreneurial training workshop

Depending on the preference or need of a particular job site, the

BOI may conduct either a general investment briefing or a more
advanced seminar workshop dealing with entrepreneurship and
business/investment counseling.

3. Assistance in the preparation of project report/project feasibility

for BOI registration

4. Participation in investment fairs or exhibitions overseas as venue

for BOI to promote awareness among OFWs or Filipinos overseas

5. Assistance in joint venture partnership

6. Referrals to financing programs for additional capital

7. Provision of guidance in setting up the business

• Registering the business (documentary and procedural

requirements of the Securities and Exchange Commission for
partnership and corporation, and of the Department of Trade
and Industry for sole proprietorship)
• Securing mayor’s permit

An investor who would like to engage in businesses and avail of

incentives can simultaneously file his/her application for registration with
the SEC/ BTRCP and application for incentives with the Board of
Investments. The addresses and contact information are as follows:

Board of Investments
Department of Trade and Industry
Industry and Investments Bldg.
385 Sen. Gil Puyat Ave., Makati City
 35

Tel. Nos. (632) 890-9332 / 897-6682 / 895-3640

Fax Nos. (632) 895-3512 / 890-3172

Bureau of Trade Regulation and Consumer Protection

Department of Trade and Industry
Trade and Industry Bldg., 361 Gil Puyat Ave., Makati City
Tel. Nos. (632) 890-5148 / 890-4901 / 890-4905 loc. 416
Fax No. (632) 890-4812

Securities and Exchange Commission

SEC Bldg., EDSA cor. Ortigas Ave., Greenhills, Mandaluyong City
Tel. Nos. (632) 726-0931 / 726-0939
Fax Nos. (632) 727-6895 / 725-0543

RETAIL TRADE LIBERALIZATION ACT

Republic Act 8762, also known as the Retail Trade Liberalization Act
of 2000, was enacted to promote consumer welfare by attracting,
promoting, and welcoming productive investments of foreign nationals
and Filipinos overseas to stimulate economic growth, and enable Philippine
goods and services to become globally competitive through the liberalization
of the retail trade sector.

The law defines retail trade as any act, occupation or calling of

habitually selling merchandise, commodities, or goods directly to the general
public for consumption.

Exempted Trade Activities

The law shall not apply to the following:

1. Sales by a manufacturer, processor, laborer or worker, to the

general public of products manufactured, processed or produced
by him if his capital does not exceed one hundred thousand pesos
(P100,000)

2. Sales by a farmer or agriculturist selling the products of his farm

36

3. Sales in restaurant operations by a hotel owner or inn-keeper

irrespective of the amount of capital, provided that, the restaurant
is incidental to the hotel business

4. Sales that are limited only to products manufactured, processed

or assembled by a manufacturer through a single outlet,
irrespective of capitalization

Foreign Equity Participation

Foreign-owned partnerships, associations, and corporations formed

and organized under the laws of the Philippines may, upon registration
with the SEC and/or DTI, or in the case of single proprietorship with DTI,
engage or invest in the retail trade business, subject to the following
categories:

1. Category A – Enterprise with paid-up capital equivalent in Philippine

pesos of less than US$2.5 million is reserved exclusively for Filipino
citizens and corporations owned by Filipino citizens.

2. Category B – Enterprise with a minimum paid-up capital equivalent

in Philippine pesos of US$2.5 million but less than US$7.5 million
may be wholly owned by foreigners except for the first two (2)
years after the effectivity of this Act wherein foreign participation
shall be limited to not more than sixty percent (60%) of total equity.

3. Category C – Enterprise with a paid up capital equivalent in

Philippine pesos of US$7.5 million or more may be wholly owned
by foreigners, provided, however, that in no case shall the
investments for establishing a store in Categories B and C be less
than the equivalent in Philippine pesos of eight hundred thirty
thousand US Dollars (US$830,000).

4. Category D – Enterprise specializing in high-end or luxury products

with paid up capital equivalent in Philippine pesos of two hundred
fifty thousand US Dollars (US$250,000) per store may be wholly
owned by foreigners.
 37

Rights of Former Filipino Citizens

Under Sec. 4 of the law, natural-born citizens of the Philippines who

have lost their Philippine citizenship but who reside in the Philippines, are
granted the same rights as Filipino citizens in the retail trade business.

For more information on retail trade liberalization, please contact:

The Legal Department

Board of Investments (BOI)
Industry and Investments Bldg.
385 Sen. Gil Puyat Ave., Makati City
Tel. Nos. (632) 897-6682 loc. 314 or 302 / 897-3084 / 896-7895
Fax No. (632) 895-3978

TAX REFORM ACT OF 1997

The enactment of Republic Act 8424 or the Tax Reform Act of 1997,
provides wide-ranging tax break to different groups of individuals including
overseas Filipinos. According to Section 23 of the law, a non-resident
citizen will be taxed only on income derived from sources within the
Philippines.

Non-resident Citizen

A non-resident citizen is defined under the law as any of the following:

1. A citizen of the Philippines who establishes to the satisfaction of

the Commissioner of the Bureau of Internal Revenue the fact of
his physical presence abroad with a definite intention to reside
therein

2. A citizen of the Philippines who leaves the Philippines during the

taxable year to reside abroad, either as an immigrant or for
employment on a permanent basis
38

3. A citizen of the Philippines who works and derives income from

abroad and whose employment thereat requires him to be
physically present most of the time during the taxable year

4. A citizen who has been previously considered as non-resident

citizen and who arrives in the Philippines at any time during the
taxable year to reside permanently in the Philippines shall likewise
be treated as a non-resident citizen for the taxable year in which
he arrives in the Philippines with respect to his income derived
from sources abroad until the date of his arrival in the Philippines

Tax Exemption

Filipinos overseas are exempted from paying taxes on their earnings

from foreign sources.

Filing of Information Returns

Under Revenue Regulation No. 5-2001 (Bureau of Internal Revenue,

31 July 2001) non-resident citizens, overseas Filipino workers, and seamen
who are exempt from tax with respect to income derived from sources
outside the Philippines, but who are nevertheless mandated to file
information returns (BIR Form 1701C or the new computerized BIR Form
1703), shall no longer be required to file the same on their income derived
from sources outside the Philippines beginning taxable year 2001.

Exemption from Tax on Interest Income from Foreign Currency

Deposits

Revenue Regulation 10-98 (Bureau of Internal Revenue, 25 August

1998) contains provisions that exempt non-residents and overseas Filipino
workers from payment of taxes on income derived from foreign currency
deposits.

Under said regulation, interest income which is actually or

constructively received by a resident citizen of the Philippines on interest
income from a foreign currency deposit shall be subject to a final withholding
tax of seven and one-half percent (7.5%). However, non-resident citizens
 39

who have foreign currency deposit accounts are exempt from payment of
taxes on interest income derived from said deposits.

On the other hand, for a bank account that is jointly in the name of a
non-resident citizen such as an overseas Filipino worker or a Filipino
seaman, and his spouse or dependent who is a resident in the Philippines,
fifty percent (50%) of the interest income from such bank deposit shall be
treated as exempt while the other fifty percent (50%) shall be subject to a
final withholding tax of seven and one-half percent (7.5%).

To be entitled to this exemption, the foreign currency bank account

should be in the name of the non-resident individual. He/She should also
present any of the following documentary evidence:

1. Immigration visa issued by the foreign government in the country

where he/she is a resident

2. Certificate of residency which is issued by the Philippine embassy

or consulate in the foreign country of his/her residence

3. Certificate of the contract of employment of an overseas Filipino

worker which is duly registered with the Philippine Overseas
Employment Administration (POEA); or a Seaman’s Certificate,
in the case of a Filipino seaman

In addition, the non-resident citizen or OFW should also execute a

written permission allowing the depository bank to inform the
Commissioner of Internal Revenue that as a non-resident, he/she is exempt
from the tax on income from foreign currency deposit. A depositor who
fails to comply with this requirement shall not be entitled to the exemption
privilege.

For more information on the Tax Reform Act, please contact:

International Tax Affairs

Bureau of Internal Revenue
National Internal Revenue Building
Agham Road, Diliman, Quezon City
Tel. Nos. (632) 929-7676 / 927-2511
40

Fax No. (632) 926-3420

Tax Information and Education Division

Bureau of Internal Revenue
National Internal Revenue Building
Agham Road, Diliman, Quezon City
Tel. No. (632) 926-3866
Fax No. (632) 924-3264

TRAVEL TAX

Under Presidential Decree (PD) No. 1183, as amended by PD 1205,

Batas Pambansa 38, and Executive Order 283, Filipinos and other nationals
traveling to other countries are required to pay travel tax before departure
from the Philippines, irrespective of the place where the air ticket is issued
and the form or place of payment.

Coverage

The following individuals are required to pay travel tax:

1. Filipino nationals
2. Permanent resident aliens
3. Non-resident aliens who have stayed in the Philippines for more
than one (1) year

Exemption

The following Filipino citizens are exempted from the payment of travel
tax pursuant to Sec. 2 of PD 1183, as amended:

1. Overseas Filipino workers

2. Filipino permanent residents abroad whose stay in the Philippines
is less than one year
3. Infants (2 years and below)
 41

Requirements for Exemption

The following are the list of documents that must be submitted for
travel tax exemption purposes (original documents need to be presented):

1. Overseas Filipino Workers

a. Valid passport
b. Employment certificate

• Valid overseas employment certificate (OEC) from POEA

if hired through this agency. The OEC serves as the travel
tax exemption certificate; workers do not need to go to
PTA for exemption.

• Certificate of work or employment issued by the Philippine

embassy/consulate in the place of hire or employment
contract authenticated by the Philippine embassy/
consulate, for those directly hired abroad.

2. Filipino Permanent Residents Abroad

a. Copies of ID pages of passport and stamp of last arrival in

Philippines

b. Proof of permanent residence in foreign country which may,

among others, be the official document issued by the foreign
government concerned showing the grant of permanent
resident status to the Filipino citizen

3. Infants

a. Photocopy of passport
b. Certified true copy of birth certificate

Reduced Travel Rates

The following citizens are eligible for reduced rates of travel taxes
upon submission of documentary requirements:
42

Eligible Requirements Reduced Rates

Citizens First Class Economy Class

Minors from copy of birth certificate P1,350.00 P 810.00

2-12 years old or ID pages of passport

Legitimate • passport P 400.00 P 300.00

spouse of • authenticated copy
overseas and valid overseas
Filipino employment
worker certificate of spouse
from POEA or
information sheet of
OFW from POEA
• original marriage
contract

Legitimate • passport P 400.00 P 300.00

unmarried • authenticated copy
children of and valid overseas
OFWs below employment
21 years old certificate of parent
from POEA
• original birth
certificate

Other Individuals Exempted from Travel Tax

1. Foreign diplomatic representatives

2. Employees of the United Nations or its agencies
3. US military personnel
4. International carrier crew
5. Philippine foreign service personnel assigned abroad and their
dependents
6. Philippine government employees on official travel (excluding
government-owned and controlled corporations)
7. Grantees of foreign government funded trips
 43

8. Students with approved scholarships by appropriate government

agency
9. Personnel of Philippine offices of multinational companies not
engaged in business in the Philippines and their dependents
10. Those authorized by the President for reasons of national interest

Travel tax primer may also be accessed at PTA’s website:

www.philtourism.com

For more information on travel tax rates or travel tax exemptions

please contact:

Revenue Department
Philippine Tourism Authority
Rm. 117, DOT Bldg. T.M. Kalaw, Rizal Park, Manila
Tel. Nos. (632) 525-3029 / 524-7734 / 524-7141 loc. 100/ 103/ 109
Fax No. (632) 525-2545
E-mail Address: [email protected] / [email protected]

BALIKBAYAN LAW

Republic Act No. 6768, also known as the Balikbayan Act of 1989,
was enacted to attract and encourage overseas Filipinos to visit the
Philippines as a “balikbayan”. The law was amended by Republic Act
9174 providing additional benefits to enable our balikbayans to become
economically self-reliant members of society upon their return to the
country.

Who is a Balikbayan

A “balikbayan” refers to:

1. Former Filipino citizens holding foreign passports, including spouses

and children travelling with them

2. Filipinos who have been continuously out of the Philippines for at

least one (1) year
44

3. Overseas Filipino workers

Benefits

A “balikbayan” is entitled to the following benefits:

1. Travel tax exemption as provided under Presidential Decree 1183,

Executive Order No. 283, and other allied laws

2. Visa-free entry to the Philippines for a period of one (1) year for
foreign passport holders

3. Duty-free shopping privilege of up to US$1,500.00, with the

following limitations:

a. Shopping must be done within fifteen (15) days upon arrival;

or 30 days if the balikbayan arrives during Christmas season
(November 15 to January 15); or 1 year in the case of senior
citizen or handicapped balikbayan
b. Duty-free shopping privilege can be availed of only once a
year
c. Purchases must be made personally by the balikbayan

4. A special promotional/incentive program for the balikbayan

established by all domestic carriers pursuant to the provisions of
R.A. 9174

5. Availment of especially designated reception areas at the

authorized ports of entry for the expeditious processing of
documents

6. Use of accredited transportation facilities that will ensure their

safe and convenient trips upon arrival

7. Kabuhayan shopping privilege, through an additional duty and

tax-exempt purchase in the amount of US$2,000.00 exclusively
for the purchase of livelihood tools at government-owned and
controlled/operated Duty-Free shops
 45

Training Programs for Balikbayan

The Department of Labor and Employment, through the OWWA, in

coordination with the Technology and Livelihood Resource Center,
Technical Education and Skills Development Authority, and other concerned
government agencies, shall provide the necessary entrepreneurial training
and livelihood skills programs and marketing assistance to a balikbayan,
including his or her immediate family members, who shall avail of the
kabuhayan shopping privilege in line with the existing rules on the
government’s reintegration program.

In case of non-OFW balikbayan, the Department of Tourism (DOT)

shall make the necessary arrangements with the TLRC and other training
institutions for possible livelihood training.

For more information, please contact the following:

Philippine Convention and Visitors Corporation

Department of Tourism
4/F Legaspi Towers 300, Roxas Blvd., Manila
Tel. Nos. (632) 525-9318 to 27
Fax Nos. (632) 521-6165 / 525-3314
E-mail Address: [email protected]

Legal Service Office

Department of Tourism
Legaspi Towers 300, Roxas Blvd., Manila
Tel. No. (632) 524-1742
Fax No. (632) 525-6269
E-mail Address: [email protected]

LAND OWNERSHIP BY FILIPINOS OVERSEAS

Article XII Section 8 of the Philippine Constitution provides that a

natural-born citizen of the Philippines who has lost his/her Philippine
citizenship may be a transferee of private lands subject to limitations
provided by law.
46

The laws on land ownership by Filipinos overseas are contained in

Batas Pambansa Blg. 185 which was enacted in March 1982 and Republic
Act 8179, which amended the Foreign Investment Act of 1991. Batas
Pambansa No. 185 stipulates guidelines on land ownership by former
Filipinos for purposes of establishing residence, while Section 10 of R.A.
8179 specifies entitlements and conditions for land acquisition for
investment purposes.

Transferee

The acquisition or transfer of private land refers to either voluntary or

involuntary sale, devise or donation. Involuntary sale includes sales on tax
delinquency, foreclosures, and executions of judgment.

Qualifications of Former Filipinos

Both laws define former Filipinos as citizens of the Philippines from

birth without having to perform any act to acquire or perfect their Philippine
citizenship, who lost said Philippine citizenship, and who have the legal
capacity to enter into a contract under Philippine laws.

Provisions on Land Ownership

The following are the provisions of BP 185 and R.A. 7042, as amended,
pertinent to land ownership by Filipinos overseas:

Particulars Provision under BP 185 Provisions under RA 7042

as amended by RA 8179

Size/Area of • maximum of 1,000 sq. meters • maximum of 5,000 sq. meters

Coverage for urban land for urban land
• maximum of one (1) hectare for • maximum of three (3) hectares
rural land for rural land

Land • either of the spouses may • either of the spouses may

Acquisition avail of the privilege avail of the privilege
for Both
Spouses • in case both spouses wish to • in case both spouses wish to
acquire lands for this purpose, acquire lands for this purpose,
 47

Particulars Provision under BP 185 Provisions under RA 7042

as amended by RA 8179

the total area acquired should the total area acquired should
not exceed the maximum not exceed the maximum
allowed allowed

Additional In case he/she already owns In case he/she already owns

Land urban or rural lands for urban or rural lands for business
Acquisition residential purposes, he/she purposes, he/she may acquire
may acquire additional urban or additional urban or rural lands,
rural lands, which when added which when added to those he/
to those he/she presently owns she presently owns shall not
shall not exceed the authorized exceed the authorized maximum
maximum area. area.

Limits to A person may acquire not more A person may acquire not more
Acquisition than two (2) lots which should than two (2) lots which should
of Land be situated in different be situated in different
municipalities or cities anywhere municipalities or cities anywhere
in the Philippines, provided that in the Philippines, provided that
the total area of these lots do the total area of these lots do
not exceed 1,000 sq. meters for not exceed 5,000 sq. meters for
urban land or one (1) hectare for urban land or three (3) hectares
rural land for use as residence. for rural land for business
purposes.

An individual who has already Under Section 4 of Rule XII of

acquired urban land shall be the Implementing Rules and
disqualified from acquiring rural Regulations of RA 7042 as
land and vice versa. amended by RA 8179, a
transferee who has already
acquired urban land shall be
disqualified from acquiring rural
land and vice versa. However, if
the transferee has disposed of
his/her urban land, he/she may
still acquire rural land and vice
versa, provided that this will be
used for business.

A transferee of residential land

48

Particulars Provision under BP 185 Provisions under RA 7042

as amended by RA 8179

acquired under Batas

Pambansa Blg. 185 may still
avail of the privilege granted
under this law.

Use of Land The acquired land should not Section 5 of Rule XII
be used for any purpose specifically states that “the
other than for residence. land should be primarily,
directly, and actually used in
the performance or conduct
of the owner’s business or
commercial activities in the
broad areas of agriculture,
industry and services
including the lease of land,
but excluding the buying and
selling thereof”.

Special In addition to the In addition to the usual

Requirements requirements provided for in registration requirements
other laws for the registration pertinent to the conveyance
of titles to lands, the of real estate, the transfer
transferee should submit to contemplated shall not be
the Register of Deeds of the recorded unless the
province or city where the transferee submits to the
property is located a sworn registry of the deeds of the
statement stating the province or city where the
following: land is situated, the following:

• date and place of birth • certification of business

• names and addresses of registration issued by the
his/her parents, spouse, Bureau of Trade
and children, if any Regulation and Consumer
• area, location, and Protection of the DTI
mode of acquisition of • sworn statement stating
landholdings in the information required under
Philippines, if any Batas Pambansa 185
• his/her intention to reside • certification from assessor
permanently in the of municipality or province
 49

Particulars Provision under BP 185 Provisions under RA 7042

as amended by RA 8179

Philippines where the property is

• date he/she lost his/her situated that the the subject
Philippine citizenship and land for transfer is an urban
the country of which he/ or rural area
she is presently a citizen • if an agricultural land is
acquired, a certification
from the Department of
Agrarian Reform that the
land is a retained area of the
transferor and an affidavit
of the transferee attesting
that his/her total
landholding inclusive of the
land to be acquired does not
exceed the 5-hectare limit
provided under R.A. 6657,
is required

Violations Violations through:

and • misrepresentation in the
Penalties sworn statement
• acquisition of land through
fraudulent means
• failure to reside
permanently in the land
acquired within two (2)
years from its acquisition,
except when such failure is
caused by force majeure
shall be penalized by the
following:

- liability to prosecution
under the applicable
provisions of the Revised
Penal Code and subject
to deportation in
appropriate cases
50

Particulars Provision under BP 185 Provisions under RA 7042

as amended by RA 8179

- forfeiture of such lands

and their improvements
to the national
government through
escheat proceedings by
the representative of the
Solicitor General

- permanent disqualification
from availment of the
privilege under this Act

Requirements for Land Registration or Original Certificate of Title

(Judicial Titling)

The application for land registration should be filed in triplicate with

the Clerk of the Regional Trial Court of the province/city where the property
is located. The following documents should be attached to the application:

1. Original plan on tracing cloth duly approved by the Director of

Lands or Regional Land Director, or in lieu thereof, a true copy of
the same on a tracing cloth properly attested and certified by said
office or the official authorized to make such certification, together
with two (2) print copies thereof

2. Three (3) copies of technical description

3. Three (3) copies of surveyor’s certificate

4. Certificate of the assessed value of the property issued by the

provincial treasurer, in quadruplicate

Requirements for Land Transfer or Transfer Certificate of Title

The following documents are required for the filing of land transfer:
 51

1. Copies of the Deed of Absolute Sale

2. Latest real estate tax payments
3. Latest tax declaration of the property
4. Certificate from the Bureau of Internal Revenue that the capital
gains tax and documentary stamps have been paid
5. Transfer tax
6. Receipt of payment of the transfer and registration fees

For more information on land ownership by Filipinos overseas, please

contact:

Land Registration Authority, Law Division

LRA Building, East Avenue cor. NIA Road
Diliman, Quezon City
Tel. Nos. (632) 920-1026/36
Telefax No. (632) 921-1368

PERMANENT RESIDENCY STATUS FOR FILIPINO

VETERANS

Republic Act No. 7837 is a law passed in 1994 that grants permanent
residency status, other rights and privileges to World War II Filipino veterans
who acquired American citizenship under the United States Immigration
Act of 1990.

Any World War II Filipino veteran who acquired American citizenship

shall be qualified for permanent residency status and granted limited
property rights and other privileges. The rights and privileges shall also
automatically accrue, upon proper application, to spouses, and legitimate,
natural, recognized illegitimate, and unmarried children of Filipino veterans
who thereafter acquired American citizenship.

Requirements and Application for Permanent Residence

Any qualified applicants who are American citizens and residing in

foreign lands who wish to avail of permanent resident status in the
Philippines shall comply with reentry requirements as prescribed by
52

Philippine laws. Upon entry in the Philippines, they may acquire permanent
resident status from the Bureau of Immigration (BI).

Filipino veterans who did not leave the Philippines and who have
acquired American citizenship in the United States Embassy may also
apply for permanent resident status from the BI.

The qualified applicants shall present their American passports and

their birth or baptismal certificates, or any other documents that will prove
that they were former Filipino citizens. All other documents as mandated
by law and the BI are waived.

Rights and Privileges

1. Land ownership – They are entitled to continue to hold and retain

all lands they have acquired before becoming American citizens,
subject to the provisions of existing laws; provided that if they
have no landholding upon becoming American citizens, they shall
be qualified to acquire one residential lot of not more than 1,000
sq. meters and/or farm lot of not more than 3 hectares.

2. Practice of profession – They are entitled to practice their

professions in the Philippines.

3. Exemption from registration and other fees – They are exempt

from payment of registration and other immigration fees after
complying with the provisions of the Alien Registration Law.

4. Multiple entry visa – They are entitled to multiple entry visa which
is valid for a period of two years.

5. Reentry permit – They may avail from the BI reentry permit which
is valid for two years.

6. Immunity from deportation – They shall not be subject to

deportation unless they commit and are convicted of crimes against
the State; provided that their permanent residency status has been
previously cancelled.
 53

7. Other properties – Beneficiaries of R.A. 7837 who acquired shares

of stocks in corporations and other properties as Filipino citizens
shall continue to retain ownership of such properties registered in
their name prior to their acquisition of American citizenship.

For more information, please contact:

Office of the Commissioner

Bureau of Immigration
Magallanes Drive, Intramuros, Manila
Tel. Nos. (632) 527-3261 / 527-3277
Fax No. (632) 338-4538

DUAL CITIZENSHIP LAW

Republic Act No. 9225 or the Citizenship Retention and Re-acquisition

Act of 2003 enables natural-born Filipinos who have lost their Filipino
citizenship through naturalization in a foreign country, to re-acquire their
Filipino citizenship by taking an oath of allegiance to the Republic of the
Philippines.

Also, the unmarried child, whether legitimate, illegitimate or adopted,

below eighteen (18) years of age, of those who re-acquire Philippine
citizenship by virtue of this Act, shall be deemed citizens of the Philippines.

Natural-born Citizens of the Philippines

Natural-born citizens of the Philippines are those who are citizens of

the Philippines from birth without having to perform any act to acquire or
perfect their Philippine citizenship. These are:

1. Those whose fathers or mothers are citizens of the Philippines at

the time of their birth; and

2. Those born before January 17, 1973, of Filipino mothers, who

elect Philippine citizenship upon reaching the age of majority.
54

Civil and Political Rights and Liabilities Attendant to Dual Citizenship

Filipinos who retain or re-acquire Philippine citizenship under the law

shall enjoy full civil and political rights and be subject to all attendant liabilities
and responsibilities under existing laws of the Philippines and the following:

1. Those intending to exercise their right of suffrage must meet the

requirements under the Constitution, Republic Act No. 9189 or
“The Overseas Absentee Voting Act of 2003” and other existing
laws;

2. Those seeking elective public office in the Philippines shall meet

the qualifications required by the Constitution and existing laws
and, at the time of filing of the certificate of candidacy, make a
personal and sworn renunciation of any and all foreign citizenship
before any public officer authorized to administer an oath;

3. Those appointed to any public office shall subscribe and swear to

an oath of allegiance to the Republic of the Philippines and its
duly constituted authorities prior to their assumption of office,
provided, that they renounce their oath of allegiance to the country
where they took that oath;

4. Those intending to practice their profession in the Philippines shall

apply with the proper authority for a license or permit to engage
in such practice; and

5. That right to vote or be elected or appointed to any public office in

the Philippines cannot be exercised by, or extended to those who:

a) are candidates for or are occupying any public office in the

country of which they are naturalized citizens; and/or
b) are in active service as commissioned or non-commissioned
officers in the armed forces of the country which they are
naturalized citizens.

Economic and Other Rights

1. Right to own land and property in the Philippines;

 55

2. Right to engage in business or commerce reserved for Filipinos,

and the exploitation of natural resources; and
3. Right to travel with a Philippine passport.

Requirements in Applying for Retention or Re-acquisition of Filipino

Citizenship

1. Completed petition under oath with forwarding address

2. Three (3) recent 2" x 2" photographs of the applicant (front, left
side and right side view over white background)

3. Processing fee of P2,500 for applicants who are in the Philippines,

or US$50 or its equivalent in foreign currency for applicants who
are abroad

4. Copy of birth certificate authenticated by the Philippine National

Statistics Office (NSO), or original copy of report of birth issued
by the Philippine embassy/consulate with jurisdiction, or birth
certificate issued by competent foreign authorities

5. Signed oath of allegiance

Oath of Allegiance
To the Republic of the Philippines

“I __________________, solemnly swear (or affirm) that I will support

and defend the Constitution of the Republic of the Philippines and obey
the laws and legal orders promulgated by the duly constituted authorities
of the Philippines; and I hereby declare that I recognize and accept the
supreme authority of the Philippines and will maintain true faith and
allegiance thereto; and that I impose this obligation upon myself voluntarily
without mental reservation or purpose of evasion.”

Procedures in Re-acquisition of Filipino Citizenship under R.A. No.

9225

By virtue of Administrative Order No. 91, the Bureau of Immigration,

as the implementing agency of R.A. No. 9225, issued on March 10, 2004,
56

the rules governing the provisions of the Citizenship Retention and

Reacquisition Act of 2003.

A natural-born Filipino who lost his/her Filipino citizenship through

naturalization in another country may re-acquire Filipino citizenship through
the following process:

For applications filed in the

For applications filed overseas
Philippines

Applicant files petition and submits Applicant files petition and submits
requirements to Philippine embassy or requirements to the Bureau of
consulate with jurisdiction Immigration (BI)

Post assigns an evaluating officer to BI assigns an evaluating officer to

evaluate the application evaluate the application

Has the applicant complied with all the Has the applicant complied with all the
requirements? requirements?

Yes No Yes No

Evaluating Evaluating officer Evaluating officer Evaluating officer

officer forwards notifies applicant forwards notifies applicant
recommendation to comply with recommendation to comply with
to Consul requirements to Commissioner requirements
General within 30 days of Immigration within 30 days

The Consul General issues an order The Commissioner of Immigration

of approval within 5 days and issues an order of approval within 5
transmits all requirements to the BI days, issues an identification
certificate and directs the Alien
Registration Division to cancel
The Bureau of Immigration issues applicant’s alien registration
identification certificate and cancels certificate if the applicant is a BI
the applicant’s alien registration registered alien
certificate if the applicant is a BI
registered alien

BI administers the
Post administers the oath of allegiance
oath of allegiance
 57

For more information on the Citizenship Retention and Re-acquisition Act,

please contact:

Task Force on Citizenship Retention and Reacquisition

2/F Bureau of Immigration
Magallanes Drive, Intramuros, Manila
Tel. No. (632) 527-3277
Fax No. (632) 527-3279

PHILIPPINE PASSPORT ACT OF 1996

Republic Act 8239 or the Philippine Passport Act of 1996 was enacted
to prescribe the minimum requirements for the application and issuance of
passports and other travel documents.

Requirements for First Time Applicants

1. Birth certificate (BC) on security paper (SECPA) issued by the

National Statistics Office (NSO) or certified true copy (CTC)
and photocopy of BC issued by the Local Civil Registrar duly
authenticated by the NSO and other documents indicating full
name, date and place of birth and citizenship of applicants (e.g.
valid employment’s ID, voter’s affidavit, NBI clearance and
driver’s license).

In case of no birth record:

If born after 1950

• In case of birth certificates with delayed registration, submit
authenticated BC and supporting documents indicating date,
place of birth and citizenship.

If born in or before 1950

• Certificate of non-availability of birth record from the NSO
• Joint affidavit of birth signed and executed by two (2)
disinterested persons
58

• Baptismal certificate or voter’s affidavit or certified true copy

of voter’s affidavit from COMELEC or any public document
indicating date and place of birth and citizenship

2. Three (3) copies of 4.5 cm x 3.5 cm new photo (colored with

plain white background). Photo should show applicant in decent
attire.

3. Personal appearance except when the applicant is:

• 8 years old and below;
• 65 years old and above; or
• mentally or physically incapacitated.

4. Additional Requirements

4.1. For married women who chose to adopt surname of husband

• Marriage contract (MC) in security paper issued by the

NSO or certified true copy issued by the Local Civil
Registrar duly authenticated by NSO

• For married women opting to use maiden name, submit

MC and affidavit indicating that she has not use her
married name

4.2. For women who obtained an annulment or were divorced by

foreign husband

• Authenticated copy and photocopy of the first page and

the dispositive portion of the judgment granting divorce
or annulment

• Certified true copy and photocopy of the first page and

the dispositive portion of the judgment granting divorce
or annulment, authenticated by the Philippine embassy/
consulate under whose area of jurisdiction the divorce
was obtained
 59

• Annotated marriage contract (MC) in security paper

(SECPA)

4.3. For spouses and other partners of foreign nationals

• Original and photocopy of Commission on Filipinos

Overseas (CFO) guidance and counseling certificate of
attendance

4.4. For minors (below 18 years old)

• Personal appearance of either parent

• Original and photocopy of DSWD clearance and affidavit

of support and consent if minor is not travelling with either
parent

• If both parents are abroad, said affidavit must be

authenticated by the nearest Philippine embassy or
consulate general.

• If both parents are abroad, person applying in behalf of

the minor must submit a special power of attorney
authenticated by the nearest Philippine embassy or
consulate general.

• Passport and photocopy of the passport of person travelling

with the minor

4.5. For adopted children

• Authenticated copy and photocopy of the dispositive

portion of the court order on adoption

• Authenticated copy and photocopy of original and

amended birth certificate

• DSWD travel clearance

60

4.6. For illegitimate children born after August 13, 1988

• Personal appearance and written consent of mother

• DSWD clearance if minor is travelling with father/other

persons

4.7. For legitimated children due to subsequent marriage of parents

• Authenticated BC with annotation of the amended

surname of the child and MC of parents

4.8. For Muslim applicants

For those whose births were registered, follow requirements

for new applicants. For those whose births were not registered:

• Certified true copy of late registered birth certificate from

the NSO

• Original and photocopy of voter’s affidavit or NBI

clearance or other supporting documents indicating date
and place of birth and citizenship

• For muslim converts, submit certificate from the Office

of Muslim Affairs and annotated BC in security paper
(SECPA)

• Shari’ah court order

And such other documentary requirements as may be deemed

necessary by the passport offices or consular posts abroad. Applicants
with doubtful citizenship may be referred to the Citizenship Evaluation
Committee (CEC) of the Passport Division of the DFA for interview and
evaluation.
 61

Requirements for Renewal of Passport

1. Personal appearance of the applicant shall not be required and the

application may be filed by:

• Any agency duly accredited with the DFA

• A member of the immediate family of the applicant authorized

in writing by the latter (applicant’s spouse, brother/sister,
parent/children, legal guardian/guardian having custody of the
child)

2. Three (3) copies of 4.5 cm. x 3.5 cm. new photos (colored with
plain white background). Photo should show applicants in decent
attire.

3. If passport being renewed is brown or issued prior to 01 May

1995:

• Old passport and photocopy of passport pages 1, 2 and 3

(amendment) and the pages showing latest Bureau of
Immigration departure and arrival stamps (shall not be required
if the applicant is applying in person)

• Supporting documents with complete middle name

4. In case passport being renewed is green or issued after 01 May

1995:

• Present old passport and photocopy of passport pages 1, 2

and 3 (amendment) and the pages showing latest Bureau of
Immigration departure and arrival stamps (shall not be required
if the applicant is applying in person)

5. For married women who chose to adopt surname of husband in

new passport, marriage contract in security paper issued by the
NSO or certified true copy and photocopy of MC issued by NSO.
62

6. For minors (below 18 years old)

• Personal appearance of either parent

• If minor is not travelling with either parent, submit an original

and photocopy of DSWD clearance and affidavit of support
and consent.

• If both parents are abroad, such affidavit must be

authenticated by the nearest Philippine embassy or consulate
general.

• If application is filed by person other than the minor’s parents,

submit a special power of attorney (SPA). If executed abroad,
SPA must be authenticated by the nearest Philippine embassy
or consulate general.

• Passport and photocopy of the passport of person travelling

with the minor

Requirements for Replacement of Lost Passport

1. If already expired, submit notarized affidavit of loss. No penalty

fee shall be charged for replacement of lost expired passport.

2. If lost passport is still valid, submit police report and notarized

affidavit of loss. There will be a 15-day clearing period prior to
the processing of application for a new passport. Replacement of
lost valid passport shall be charged with a penalty fee of P200.00.

3. Birth certificate (BC) in security paper and supporting documents

4. Three (3) copies of 4.5 cm x 3.5 cm new photos (colored with

plain white background). Photos should show applicant in decent
attire.

5. Personal appearance
 63

A passport has to be re-issued if there are errors in scripting or

discrepancy in personal data.

For more information, please contact:

Passport Division
Department of Foreign Affairs
DFA Building, 2330 Roxas Blvd., Pasay City 1300
Tel. No. (632) 834-3434
Fax No. (632) 832-1164

INTER-COUNTRY ADOPTION ACT OF 1995

Republic Act 8043, also known as the Inter-Country Adoption Act of

1995, was enacted to allow aliens to adopt Filipino children if such children
cannot be adopted by qualified Filipino citizens.

Who May Be Adopted

A child who is below 15 years of age and is voluntarily or involuntarily

committed to the DSWD may be adopted under the inter-country adoption
law.

For such a child to be considered for placement, the following

documents must be submitted to the Inter-Country Adoption Board:

1. Child study to be prepared by the social worker of the DSWD or

the accredited placement NGO
2. Birth certificate/ foundling certificate
3. Deed of voluntary commitment/ decree of abandonment/ death
certificate of parents
4. Medical evaluation/history
5. Psychological evaluation by the social worker of the DSWD or
accredited placement NGO
6. Recent photo of the child
64

Who May Adopt

The following qualifications are required of an alien or Filipino citizen

permanently residing abroad to be eligible to adopt a Filipino child under
the inter-country adoption law:

1. At least 27 years of age and at least 16 years older than the child
to be adopted at the time of application unless the adopter is the
natural parent of the child to be adopted or the spouse of such
parent

2. If married, his/her spouse must jointly file for the adoption

3. Is capable of acting and assuming all rights and responsibilities of

parental authority under his/her national law and has undergone
the appropriate counseling from an accredited counselor in his/
her country

4. Has not been convicted of a crime involving moral turpitude

5. Is eligible to adopt under his/her national law

6. Able to provide for the proper care and support and to inculcate
the necessary moral values and example to his/her children,
including the child to be adopted

7. Agrees to uphold the basic rights of the child as embodied under

Philippine laws, the UN Convention on the Rights of the Child,
and to abide by the rules and regulations issued to implement the
provisions of this Act

8. Comes from a country with whom the Philippines has diplomatic

relations and whose government maintains a similarly authorized
and accredited agency and adoption is allowed under his/her
national laws

9. Possesses all the qualifications and none of the disqualifications

provided by applicable Philippine laws
 65

Inter-Country Adoption Board

Under the law, a seven-member Inter-Country Adoption Board was

created to act as the central authority on matters relating to inter-country
adoption. It serves as a policy-making body in consultation and coordination
with the DSWD, various child-care placement agencies, adoptive agencies,
and non-government organizations engaged in child care and placement
activities.

Where to File Applications

Application for inter-country adoption may be filed in the country of

the prospective adoptive parents by coordinating with Philippine-accredited
foreign adoption agencies.

Form Application

• An application shall be in the form prescribed by the Board which

shall include an undertaking under oath, signed by the applicant to
uphold the rights of the child under Philippine laws and the
applicant’s national laws, the United Nations Convention on the
Rights of the Child and to abide by the provisions of the Act and
all rules and regulations issued pursuant thereto.

• The application shall include an undertaking that should the adoption

not be approved, or if for any reason the adoption does not take
place, the applicant shall pay for the cost of travel back to the
Philippines of the child and his/her companion, if any.

Documentary Requirements

The application to adopt must be submitted together with the following

documents:

1. Birth certificate of applicant(s)

2. Marriage contract, if married, and divorce decree, if applicable

66

3. Written consent from their biological or adopted children above

ten (10) years of age, in the form of sworn statement

4. Physical, medical, and psychological evaluation by a duly licensed

physician and psychologist

5. Income tax returns or any document showing the financial

capability of the applicant(s)

6. Police clearance of applicant(s)

7. Character reference from the local church/ minister, the applicant’s

employer and a member of the immediate community who has
known the applicant(s) for at least five (5) years

8. Recent postcard-size pictures of the applicant(s) and his/her

immediate family

Pre-adoptive Placement Costs

The applicant shall bear the following costs incidental to the placement
of the child:

1. The cost of bringing the child from the Philippines to the residence
of the applicant(s) abroad including all travel expenses within the
Philippines and abroad

2. The cost of passport, visa, medical examination and psychological

evaluation required, and other related expenses

For details regarding requirements and procedures, please contact:

Inter-Country Adoption Board

Department of Social Welfare and Development
2 Chicago Street cor. Ermin Garcia Street
Brgy. Pinagkaisahan, Cubao, Quezon City
Tel. Nos. (632) 721-9781 / 721-9782 / 726-4568
Fax No. (632) 727-2026
 67

DOMESTIC ADOPTION ACT OF 1998

Republic Act 8552, also known as the Domestic Adoption Act of

1998, encourages domestic adoption to preserve the child’s identity and
culture and only when this is not available shall inter-country adoption be
considered as a last resort.

Who May Be Adopted

The following may be adopted:

1. Any person below eighteen (18) years of age who has been
administratively or judicially declared available for adoption

2. The legitimate son or daughter of one spouse by the other spouse

3. An illegitimate son or daughter by a qualified adoptor to improve

his/her status to that of legitimacy

4. A person of legal age if, prior to the adoption, said person has
been consistently considered and treated by the adoptor(s) as his/
her own child since minority

5. A child whose adoption has been previously rescinded

6. A child whose biological or adoptive parent(s) has/have died,

provided that no proceedings shall be initiated within six (6) months
from the time of death of said parent(s)

Who May Adopt

In addition to Filipinos, Section 7(b) of the law also allows a non-

Filipino national to adopt under the domestic adoption law provided that
he/she meets the following requirements:

1. Of legal age and at least 16 years older than the adoptee (except
when the adopter is the biological parent of the adoptee or is the
spouse of the adoptee’s parent)
68

2. Possesses full civil capacity and legal rights

3. Of good moral character and has not been convicted of any crime
involving moral turpitude

4. Emotionally and psychologically capable of caring for children

5. In a position to support and care for his/her children in keeping

with the means of the family

6. His/Her country has diplomatic relations with the Philippines

7. Has been certified by the diplomatic or consular office or any

appropriate government agency that he/she has the legal capacity
to adopt in his/her country and that his/her government allows the
adoptee to enter his/her country as an adopted child

8. Has been living continuously in the Philippines for at least three

(3) years prior to the filing of the application for adoption and
maintains such residence until the adoption decree is entered

Section 7(c) also provides that the guardian, with respect to the ward
after the termination of the guardianship and clearance of his/her financial
accountability, is also qualified to adopt under the law.

Waiver of Residency Requirement

The requirements on residency and certification of the alien’s

qualification to adopt in his/her country may be waived in the following
cases:

1. The applicant is a former Filipino citizen seeking to adopt a relative

within the fourth (4th) civil degree of consanguinity or affinity

2. The applicant is seeking to adopt the legitimate son or daughter of

his/her Filipino spouse
 69

3. The applicant is married to a Filipino citizen, and seeks to adopt

jointly with his/her spouse a relative within the fourth (4th) civil
degree of consanguinity or affinity of the Filipino spouse

Adoption by Husband and Wife

Husband and wife shall jointly adopt, except in the following cases:

• If one spouse seeks to adopt the legitimate son/daughter of the

other

• If one spouse seeks to adopt his/her own illegitimate son or

daughter, provided, however, that the other spouse has signified
his/her consent

• If the spouses are legally separated from each other

In case the husband and wife jointly adopt, or one spouse adopts the
illegitimate son or daughter of the other, joint parental authority shall be
exercised by the spouses.

Supervised Trial Custody

No petition for adoption shall be finally granted until the adopter has
been given by the court a supervised trial custody period for at least six
(6) months within which the parties are expected to adjust psychologically
and emotionally to each other and establish a bonding relationship. During
the said period, temporary parental authority shall be vested on the adopter.

An alien adopter must complete the six (6) month trial custody except
in the following cases:

• Former Filipino citizens adopting a relative within the fourth (4th)

civil degree of consanguinity or affinity

• One who is adopting the legitimate son or daughter of his/her

Filipino spouse
70

• One who is married to a Filipino citizen and seeks to adopt jointly

with his/her spouse a relative within the fourth (4th) civil degree
of consanguinity or affinity of the Filipino spouse

For more information on domestic adoption, please contact any of the

following:

The DSWD regional office which has jurisdiction over the residence
of the minor, or

Child Placement Center

Department of Social Welfare and Development
(National Capital Region)
389 San Rafael cor. Legarda Sts., Manila
Tel. No. (632) 734-8651
Fax Nos. (632) 734-8650 / 734-8640

TRAVEL CLEARANCE FOR MINORS TRAVELING ABROAD

Republic Act 7610, also known as Special Protection of Children

Against Child Abuse, Exploitation, and Discrimination Act, requires children
below 18 years of age, who are traveling outside the Philippines
unaccompanied by their biological/adoptive parents or legal guardians, to
secure a travel clearance. A travel clearance is a document issued by
DSWD certifying that the child is authorized to travel abroad for valid
reasons based on the assessment of the social worker. It seeks to provide
protection to minors against exploitation, improper influences, abuse, hazards
and other conditions prejudicial to their physical, mental, emotional, social
and moral development.

Objectives of the Travel Clearance

The travel clearance is intended to:

1. Protect the child from abuse and exploitation while abroad

2. Prevent child trafficking
3. Ensure that the traveling companion is duly authorized and able to
look after the welfare of the minor
 71

4. Ensure that the sponsor has the ability to support the minor’s need
while abroad

Who are covered by a Travel Clearance

Travel clearance is required only for minors/children traveling abroad

who are in any of the following circumstances:

1. A minor who is traveling alone

2. A minor who is traveling with a person other than his/her parents
or those exercising parental authority and custody of the child
3. A minor traveling for the purpose of adoption abroad (inter-country
adoption)
4. A minor adopted in the Philippines
5. An illegitimate child traveling with his/her father
6. A minor traveling in group for sports competition, cultural
presentation, pilgrimage or study tours

Parental Travel Permit

If the minor is traveling with either of his/her parents, a parental travel

permit must be executed by the parent left behind. A parental travel permit
is a duly notarized written permission given by anyone of the biological or
adoptive parent, who will be left behind, or not in the company of the child,
allowing the concerned minor to travel with the other spouse.

Who may File Applications

The application for travel clearance may be submitted/filed by any of

the following persons:

1. A minor who is at least 13 years of age

2. The minor’s parent/s or legal guardian
3. The minor’s traveling companion
4. Authorized representative of the parent/legal guardian

Where to File Applications

The application for travel clearance is filed in any of the following:

72

1. Regional field office of the Department of Social Welfare and

Development which has jurisdiction over the residence of the minor

2. DSWD sub-field office in the city or province which has jurisdiction

over the residence of the minor and where the DSWD Senior
Social Worker or Social Welfare Officer II is holding office

Application Procedures

The application form, with the requirements, will be submitted to the

DSWD field office. Upon receipt of the application and the requirements,
DSWD will undertake the following process:

1. Interview the applicant and/or parents/guardian

2. Gather collateral information
3. Conduct a home visit, if necessary
4. Assess and evaluate the application
5. Prepare recommendation/assessment for approval of the regional/
field director or the authorized representative
6. DSWD field director or his/her authorized representative will issue
the certificate of travel

Documentary Requirements

For minors unaccompanied by parent/s or person/s exercising parental

authority:

1. Birth certificate of the minor on a security paper issued by the

National Statistics Office
2. Marriage certificate of minor’s parents, if appropriate
3. Notarized affidavit of consent from parents/guardians authorizing
a particular person to accompany the child in his/her travel abroad
4. Notarized affidavit of support of sponsor indicating employment
and salary, certified by the employer, if appropriate
5. Latest income tax return of sponsoring person and/or parents with
official confirmation receipts
6. Two passport size pictures of minor
7. Photocopy of passport and visa of travelling companion
 73

Additional Requirements

1. For minors traveling with one parent or persons exercising parental

authority

• Parental travel permission

• Birth certificate of the minor on a security paper
• Marriage contract of parents
• Photocopy of passport and visa of accompanying parent

2. For immigrant minors

• Visa petition approval

3. For minors going abroad for medical purpose

• Medical certificate of child

4. For adopted minors

• Certified copy of adoption decree

• Clearance from the Office of the Solicitor-General if adoption
has been promulgated less than 15 days before application
for clearance to travel was made

5. For minors under guardianship

• Certified copy of letter of guardianship/court order

• Certification from the DSWD regional/field office that
guardianship was processed according to law

6. For minors who are 13 years old and above traveling alone

• Duly notarized affidavit stating that minors shall be fetched at

the airport by the sponsor
• Certification for unaccompanied minors from airlines

7. For minors studying abroad

74

• Acceptance from the school where child is to be enrolled

8. For minors attending conferences, study tours, etc.

• Certification from sponsoring organization

9. For subsequent travels, the following are required:

• Certificate of travel previously issued

• Notarized affidavit of consent from parents/guardians
authorizing a particular person to accompany the child in his/
her travel abroad
• Photocopy of passport and visa of traveling companion

TRAVEL CLEARANCE FOR MINORS WHO ARE CHILDREN

OF FILIPINO EMIGRANTS OR OVERSEAS FILIPINO
WORKERS

By virtue of the Administrative Order No. 288 issued on 23 December

2002, the DSWD issued supplemental guidelines to reduce the requirements
and to expedite the application of minors travelling abroad for purposes of
reunion or maintenance of child-parent relationship as in the case of the
children of Filipino emigrants or overseas Filipino workers.

Who are Covered under the Supplemental Guidelines

1. A Filipino minor who is residing abroad, as evidenced by the proof

of residency abroad
2. A Filipino minor whose parents are in the foreign service or
diplomatic corps
3. A Filipino minor whose parents are overseas Filipino workers or
immigrants in a foreign country

Requirements under the Supplemental Guidelines

A minor covered by this guideline is exempted from submitting to the

DSWD field office concerned all the required documents indicated in
Administrative Order No. 149, Series of 2001. Instead, the applicant or
 75

his/her representative shall present any of the following documentary

evidence:

1. Pertinent entries in the passport on previous records of arrival/

departure of minor
2. Sworn affidavit of parent/s on the circumstances of the minor’s
travel
3. Visa petition approval of the minor
4. Other documents:

a. For minors studying abroad, study visa

b. For minors whose parent is in the foreign service, a certification
from the Department of Foreign Affairs attesting to the
parent’s employment
c. For minor whose parents are overseas Filipino workers, a
certification from the employer attesting to the parent’s
employment

One-Hour Application

The duly approved travel clearance shall be issued to the aforecited

applicant within one (1) hour of the same day of application, provided the
supporting papers are in order.

Validity of the Travel Clearance

The travel clearance issued by the Department of Social Welfare and

Development to the aforecited minor shall be usable for multiple travel
abroad within a period of one (1) year.

OVERSEAS ABSENTEE VOTING ACT OF 2003

Republic Act No. 9189 or “The Overseas Absentee Voting Act of

2003” allows qualified Filipinos abroad to exercise their right to participate
in the election of President, Vice-President, Senators and Party-List
Representatives.
76

Who Are Qualified to Vote

All citizens of the Philippines, who are not otherwise disqualified by

law, at least eighteen (18) years of age on the day of the elections, and a
registered overseas absentee voter with an approved application to vote
in absentia, may vote under the overseas absentee voting law.

Who are Disqualified from Registering as Overseas Absentee Voters

The following individuals are disqualified from registering as overseas

absentee voters:

1. Those who have lost their Filipino citizenship in accordance with

Philippine laws
2. Those who have expressly renounced their Philippine citizenship
3. Those who are convicted by final judgment of an offense
punishable by imprisonment of not less than one (1) year
4. Those who have been found guilty by final judgment of disloyalty
as defined under Article 137 of the Revised Penal Code
5. A permanent resident who is recognized as such in the host country,
unless he/she executes an affidavit declaring that:

a. He/She shall resume actual physical permanent residence in

the Philippines not later than three (3) years from approval of
his/her registration; and
b. He/She has not applied for citizenship in another country.

6. Any citizen of the Philippines abroad previously declared insane

or incompetent by a competent authority in the Philippines or
abroad, as verified by the Philippine embassy, consulate, or foreign
service establishment concerned

Where to File the Application for Registration/Certification*

If the applicant is abroad during the period for the filing of application:
*
As used in its Rules, registration as an overseas absentee voter applies if the absentee
voter is not yet a registered voter under Republic Act No. 8189, otherwise known as “The
Voters Registration Act of 1996” (the system of continuing registration); or certification as
overseas absentee voter if he is already registered under the said Act.
 77

1. Application for registration/certification may be filed with the

representative of the Commission on Elections (COMELEC) at
the Philippine embassy, consulate and other foreign service
establishment having consular jurisdiction over the locality where
he/she temporarily resides;
2. In case of qualified seafarers, with the representative of the
COMELEC at the Philippine embassy, consulate and other foreign
service establishment having consular jurisdiction over the locality
where his/her vessel is docked.

If the applicant is in the Philippines during the period for the filing of
applications but will be abroad on the day of the election:

1. An application may be filed with the Election Registration Board

of the city/municipality/district where he/she is domiciled prior to
his/her departure from the Philippines; or
2. With the Committee on Overseas Absentee Voting of the
Commission on Elections, in case of qualified seafarers.

Procedure for Filing of Application for Registration/Certification

An applicant for registration/certification shall personally file his/her

application for registration/certification and present the following documents:
valid Philippine passport, accomplished application form with attached
photocopy of his/her passport, and for seafarers, the photocopy of his
Seaman’s Book or any other document that will prove that he/she is a
seafarer.

Requirements in Case of a Lost Passport

In case of loss of or the applicant’s temporary inability to produce a

valid passport, the applicant may instead, submit the following:

1. A duly notarized and authenticated affidavit sufficiently describing

the lost or unavailable passport, and stating the circumstances of
the loss or temporary inability to produce the passport

2. Photocopy of the relevant pages of the previous passport, if

available
78

If an applicant cannot present a valid passport for reasons other than

its loss or temporary unavailability, the applicant shall present substitute
documents such as:

1. Expired passport

2. Duly authenticated birth certificate from the NSO

3. Documents that may sufficiently establish citizenship, identity and

immigration status in the host country (residency card/employment
permit, local identification card issued by the host country)

Application to Vote In Absentia

A registered overseas absentee voter must have an approved

application to vote in absentia to be entitled to vote for President, Vice-
President, Senators and Party-List Representatives. All qualified citizens
of the Philippines abroad whose applications for registration or applications
for certification as overseas absentee voters have been approved may file
an application to vote in absentia.

Filing an Application to Vote in Absentia

An applicant to vote in absentia shall:

1. File his/her application to vote in absentia personally or by mail;

2. Accomplish the prescribed application form to vote in absentia

in three (3) copies; and

3. Submit the accomplished application form with four (4) copies of

his/her 1" x 1" photograph and (3) copies of his/her certificate of
registration/certification.

Casting and Submission of Ballots

Land-based overseas absentee voters whose application to vote in

absentia has been approved shall cast their ballots personally at any time
within thirty (30) days before the day of the election. Seafarers whose
 79

application to vote in absentia has been approved shall cast their votes at
anytime within sixty (60) days before the day of election.

Qualified overseas absentee voters shall cast their votes only in the
designated voting area within the premises of the Philippine embassy,
consulate and other foreign service establishment that has jurisdiction over
the country where they temporarily reside, or at any polling place designated
and accredited by COMELEC.

Voting by Mail

The COMELEC shall authorize voting by mail in not more than three
(3) countries and may be allowed only in countries that satisfy the following
conditions:

1. Where the mailing system is fairly well-developed and secure to

prevent occasion for fraud

2. Where there exists a technically established identification system

that would preclude multiple or proxy voting

For more information on the Overseas Absentee Voting Act, please

contact:

Committee on Overseas Absentee Voting

Commission on Elections
7/F Palacio del Gobernador Bldg.
General Luna St., Intramuros, Manila
Tel. No. (632) 527-5576
Telefax No. (632) 523-9924

Overseas Absentee Voting Secretariat

Department of Foreign Affairs
2/F DFA, Roxas Blvd., Manila
Tel. Nos. (632) 834-4261 / 833-0914 / 833-0686 / 832-8363
Telefax No. (632) 834-3275
E-mail Address: [email protected]
80

ANTI-TRAFFICKING LAW

The rise in international trafficking in persons for prostitution and forced

labor especially in Asia, led to the enactment of Republic Act 9208 or the
“Anti-Trafficking Law”. The law, which aims to eliminate trafficking in
persons, especially women and children, establishes necessary institutional
mechanisms to protect and support trafficked persons, and provides certain
penalties for violators.

Trafficking in Persons

Trafficking in persons refers to the recruitment, transportation, transfer

or harboring, or receipt of persons with or without the victim’s consent or
knowledge, within or across national borders by means of threat or use of
force, or other forms of coercion, abduction, fraud, deception, abuse of
power or of position, taking advantage of the vulnerability of the person,
or, the giving or receiving of payments or benefits to achieve the consent
of a person having control over another person for the purpose of
exploitation which includes at a minimum, the exploitation or the prostitution
of others, or other forms of sexual exploitation, forced labor or services,
slavery, servitude or the removal or sale of organs. The recruitment,
transportation, transfer, harboring, or receipt of a child for the purpose of
exploitation shall also be considered as “trafficking in persons” even if it
does not involve any of the means set forth in the preceding paragraph.

Qualified trafficking, on the other hand, is committed under the

following circumstances:

1. When the trafficked person is a child or below 18 years old

2. When the adoption is committed through the Inter-Country

Adoption Law and said adoption is for the purpose of prostitution,
pornography, sexual exploitation, forced labor, slavery, involuntary
servitude or debt bondage

3. When the act is committed by a syndicate or in large scale

4. When the offender is a person who exercises authority over the

 81

trafficked person or when the offense is committed by a public

officer or employee

5. When the trafficked person is recruited to engage in prostitution

with any member of the military or law enforcement agencies

6. When the offender is a member of the military or law enforcement

agencies

7. When the offended party dies, becomes insane, suffers mutilation

or is afflicted with HIV or AIDS by reason or on occasion of the
act of trafficking

Penalties for Violation of the Act

Act Penalty

Qualified Trafficking in Persons Life imprisonment and a fine of

P2 million to P5 million

Trafficking in Persons 20 years imprisonment and a fine of

P1 million to P2 million

Promoting Trafficking in Persons 15 years imprisonment and a fine of

P500,000 to P1 million

Use of Trafficked Persons First offense: 6 months community

service and a fine of P50,000

Subsequent offenses: 1 year

imprisonment and a fine of P100,000

Filing of Action

Filing of complaint may be done either orally or in writing to any member

of the Inter-Agency Council Against Trafficking (IACAT), the nearest
82

police or other law enforcement agency, the local social welfare and
development office or the local Council for the Protection of Children. In
case of trafficking abroad, the report may be made to the nearest Philippine
embassy/consulate.

Who Can File Cases

The following may file a case/complaint for trafficking:

1. the trafficked person;

2. the trafficked person’s parents, spouse, siblings, children, or legal

guardian; or

3. anyone who has personal knowledge of the acts committed.

Repatriation of Trafficked Persons

The DFA in coordination with DOLE and other appropriate agencies,

shall have the primary responsibility for the repatriation of trafficked
persons, regardless of whether they are documented or undocumented.

If, however, the repatriation of the trafficked persons shall expose the
victim to greater risks, the DFA shall make representation with the host
government for the extension of appropriate residency permits and
protection, as may be legally permissible in the host country.

The Inter-Agency Council Against Trafficking may be reached through:

Office of the Secretary

Department of Justice
Padre Faura Street
Ermita, Manila
Tel. No. (632) 527-5576
Telefax No. (632) 523-9924
 83

INFORMATION AND GUIDELINES ON THE IMPORTATION

AND EXPORTATION OF PLANTS, PLANT PRODUCTS AND
ANIMALS

In line with efforts to prevent the spread of diseases and damaging

pests that may threaten national health and security, the Philippines enforces
certain rules and regulations for the bringing in of plants, plant products
and animals by Filipinos or alien citizens originating from foreign countries.
Their shipment and export overseas are likewise governed by similar rules
consistent with the interest of destination countries.

PLANT QUARANTINE

The quarantine of plants in the Philippines is enforced by virtue of

P.D. No. 1433 or the Plant Quarantine Law of 1978 as revised by the
Administrative Code of 1987. It has the primary function of preventing
the entry of foreign pests into the country and preventing further spread
of those pests already introduced to places where they are previously not
known to exist.

On the other hand, the Philippines complies with the International

Plant Protection Agreement on the phytosanitary requirements of plants
and plant products for export to ensure acceptability upon entry at the
country of destination.

Procedures in the Importation of Plants and Plant Products

1. Any person intending to import any of the following materials

shall submit an application for permit to import (BPI Q Form No.
1) to the Director of Plant Industry of the Plant Quarantine Service:

a. Living plants
b. Nursery stocks
c. Seeds and nuts for planting
d. Fresh fruits, vegetables and other plant products which have
been declared prohibited under special quarantine orders. Soft,
fleshy fruits and vegetables from all countries where
dangerous species of fruitflies are known to exist are
84

prohibited, except if required commodity treatment can be

made under specific bilateral agreement.
e. Soil and plant material for isolation of organism
f. Other plant cultures

2. Upon approval of the permit and payment of regulatory fee, the

permit to import (BPI Q Form No. 2) shall be issued in
quadruplicate and the original shall be given to the permittee for
presentation to the Plant Quarantine officer at the port of entry.

3. The permittee shall submit to the Plant Quarantine Service at the

port of entry the following documents:

a. Duly accomplished application for inspection (BPI Q Form

No. 4) of plants, plant products or other related materials
b. Original copy of permit to import
c. Bill of lading
d. Original copy of phytosanitary certificate issued by the Plant
Quarantine Service of the exporting country
e. Other documents that may be required by the Plant Quarantine
Service

4. After verification of the required documents, inspection shall be

conducted by random sampling. All plants, plant products, and
other materials found to be substantially free from plant pests
and verified to be the same materials applied for shall be released
to the importer or his authorized representatives, upon payment
of the prescribed plant quarantine fees and charges.

Importations Not Requiring a Permit to Import

The following imports may be allowed to enter the country without

securing a permit to import. However, they are subject to inspection and
payment of regulatory fees/charges.

1. Plant products not governed by any plant quarantine restriction

such as fruits and vegetables in limited quantity and plant products
intended for food or animal feed or those for processing or
manufacturing purposes.
 85

2. Properly dried or sterilized, or poisoned botanical specimens or

herbaria, provided free from soil, sand and other prohibited
materials.

3. Fresh flowers, bouquets and other floral arrangements when free

from soil, sand and other prohibited materials.

Procedures in the Exportation of Plants and Plant Products

Exporters of plants, plant products and other materials for export shall
submit a duly accomplished application for inspection (BPI Q Form No.
10) to any Plant Quarantine Service office or port of loading, together
with a certified true copy of the official export declaration issued by the
authorized agent bank and permit to import whenever required by the
importing country.

Application should be filed at least 48 hours prior to the time of loading.

However, if inspection will be conducted at the exporter’s premise and
treatment will be required, application must be filed 3 days to 1 week in
advance.

The issuance of phytosanitary certificate will be denied for exports to

countries in which the commodity is absolutely prohibited by their plant
quarantine regulations.

Phytosanitary certificate is issued only after payment of regulatory

fees and charges and all the necessary requirements are fully complied
with.

For more information on the importation or exportation of plants or

plant products, you may contact:

Plant Quarantine Service

Bureau of Plant Industry Central Office
692 San Andres, Malate, Manila
Tel. Nos.(632) 523-9132 / 525-7909
Fax No. (632) 524-2812
86

ANIMAL QUARANTINE

Procedures in the Exportation of Animals

1. Present a valid vaccination certificate against rabies for dogs and

cats; a Convention on International Trade in Endangered Species
of Wild Fauna and Flora (CITES) permit from the Protected Areas
and Wildlife Bureau for exotic animals; or an authority to import
gamefowls and livestock from the importing country, for
gamefowls. Present the required certification at the Animal Health
Division (AHD) of the Bureau of Animal Industry (BAI).

2. Bring the animal to AHD office for inspection.

3. Secure a veterinary health certificate from BAI.

For Animal Products and By-Products

1. Present the products to the AHD office for inspection.

2. Secure an export commodity clearance.

For Accessories of Animal Origin

1. Present the products to the AHD office for proper fumigation

and inspection.
2. Secure an export commodity clearance.

Guidelines for the Importation of Animals and Animal Products

Dogs and Cats

1. Apply for an import permit at the AHD. The animal must be four
(4) months of age or above.
2. Secure the import permit.
3. If the number of animals to be imported exceeds five (5), the
animals have to be inspected at the quarantine site.
4. The permit is good for two (2) months. Extension for another
month may be requested before the permit’s expiry date, if the
animals have not arrived yet.
 87

5. A valid certification aside from the health certificate from the

country of origin should be presented upon arrival. For countries
declared to be rabies free, rabies vaccination is waived.

Exotic Animals

1. Arrange a schedule with the AHD for an inspection of the

quarantine site (especially, if importing snakes and other large
exotic animals).
2. Secure an import permit from AHD office.
3. A CITES certification coming from the country of origin should
accompany the shipment.
4. The permit is good for two (2) months. Extension for another
month may be requested before the permit’s expiry date, if the
animals have not arrived yet.

Gamefowls

1. Apply at the Livestock Development Division (LDD) for the

necessary documents.
2. LDD shall endorse the application to the AHD.
3. Secure an import permit from the AHD.
4. Refer to LDD for endorsement to the Central Bank.
5. Have the permit signed by the Director.
6. Importation is limited to four (4) cocks and eight (8) hens with
sixty (60) hatching eggs.

Meat and Meat Products

1. Secure a veterinary quarantine clearance to import meat and meat

products from the National Meat Inspection Commission (NMIC).
2. After accomplishing the above, secure the initials from the AHD.
3. Have the permit signed by the Director.

For the importation and exportation of other animals, animal products

and by-products you may contact:
88

Animal Health Division

Bureau of Animal Industry
Visayas Avenue, Diliman, Quezon City
Tel. Nos. (632) 928-1778 / 928-2743
Telefax No. (632) 928-1778
IMMIGRATION POLICIES ON VISITING
AND RETURNING OVERSEAS FILIPINOS

TEMPORARY VISITOR

Under R.A. 6768, a former Filipino citizen and his/her spouse and
children traveling with him/her are entitled to visa-free entry to the
Philippines for a period of one (1) year. Extensions may be requested at
the Bureau of Immigration (BI). BI has established an “Express Lane”
service to allow its clientele to obtain certain documents within the same
date of filing.

PERMANENT RESIDENT (Non-quota Immigrant)

Aliens Married to Philippine Citizens

A non-quota immigrant visa under Section 13(a) may be issued to

alien spouses who are married to Philippine citizens, upon presentation of
proof that the parties contracted a valid marriage. In addition, the alien
should also present appropriate documents to prove the following:

1. The marriage is recognized under existing Philippine laws

2. There is no record of any derogatory information against him/her
in any local or foreign law enforcement agency
90

3. He/She is not afflicted with any dangerous, contagious, or loathsome

disease
4. He/She has sufficient financial capacity to support a family and
will not become a public charge
5. He/She was allowed lawful entry into the Philippines by
immigration authorities
6. He/She has not been institutionalized for any mental disability

In the case of an alien married to a Philippine citizen, the Philippine

citizenship should be maintained by the latter for the non-quota immigrant
visa to remain valid under Sec. 13(a) of the Philippine Immigration Act
(PIA). The moment the Philippine spouse loses his/her citizenship, the
13(a) visa of his/her alien spouse and their children is automatically revoked
or cancelled.

In the event that the Filipino loses his/her citizenship, he/she can apply
for the downgrading of his/her dependents’ 13(a) visa to temporary visitor’s
visa under Section 9(a) and, thereafter, apply for a non-quota immigrant
visa under Section 13(g) for himself/herself, his/her spouse, and their
unmarried minor children below 18 years old.

Natural-Born Filipinos Who Have Become Naturalized Citizens Of

Another Country

Under Republic Act 4376, a law amending the Philippine Immigration

Act of 1940, a natural-born Filipino who has become a naturalized citizen
of another country and is returning to the Philippines for permanent
residence, including his/her spouse and minor unmarried children, shall be
considered non-quota immigrants for purposes of entering the Philippines.

To apply for a non-quota immigrant visa, the applicant must submit

documents to establish that he/she:

1. was previously a natural-born citizen of the Philippines

2. was naturalized in a foreign country
3. is not afflicted with any dangerous, contagious, or loathsome
disease
 91

4. has no derogatory information against him/her from any local or

international law enforcement agency
5. is financially capable of supporting himself/herself so that he/she
will not become a public charge while residing permanently in the
Philippines
6. has not been institutionalized for any mental disability
7. was allowed lawful entry by immigration authorities with a valid
admission status
8. has not violated the terms and conditions of his/her admission
status
9. intends to reside permanently in the Philippines

Women Who Lost Philippine Citizenship by Virtue of Marriage

Under Section 13(d) of the Philippine Immigration Act of 1940, a

woman who lost her Philippine citizenship because of marriage to an alien
or because of the loss of Philippine citizenship of her husband, may, together
with her unmarried child who is 21 years old, be issued a non-quota
immigrant visa.

To qualify for this visa, she must present duly authenticated copies of
the following documents:

1. Birth certificate
2. Marriage contract
3. Documentary proof of her present foreign citizenship

In addition, the applicant may also be asked to submit documents to

prove that she:

1. has not been institutionalized for any mental disability

2. will not become a public charge
3. is not afflicted with any dangerous, contagious, or loathsome
disease
4. has no derogatory information from any local or foreign law
enforcement agency
92

STUDENT VISA (Non-Immigrant)

Section 9(f) of the Philippine Immigration Act of 1940 states that

aliens, including former Filipino nationals, at least 18 years old and with
sufficient means for their support and education, who intend to enter the
Philippines to take up a course of study higher than high school level may
be admitted as a student non-immigrant. Executive Order 423 signed in
June 1997 provides amendments in the guidelines for the entry and stay of
foreign students in the Philippines.

Authorization for conversion from tourist visa category to a student

visa or issuance of a special study permit is now restored pursuant to E.O.
No. 285 dated 4 September 2000. The purpose of the order was to establish
the Philippines as a center for education in the Asia Pacific Region. Only
schools accredited by the Bureau of Immigration (BI) to accept students
can accept them for enrollment and only foreign students with 9(f) visa or
special study permit (SSP), or those who, by regulations, are exempt from
securing 9(f) visa or SSP can be accepted for enrollment by these schools.
A BI-accredited school may, however, temporarily enroll a foreign student
with pending application for conversion of his admission status to that of a
student visa but only for that semester.

Any violation of the guidelines will cause the revocation of the BI-
accreditation and/or penalty of fifty thousand pesos (P50,000).

Qualifications for Application

To be qualified for a student visa, an applicant must:

1. Be at least eighteen (18) years old at the time of

enrollment
2. Have the means sufficient for his support and education
3. Be seeking temporary stay in the Philippines solely for the purpose
of taking up a course higher than high school
4. Have no derogatory information existing against him
5. Have not been afflicted with any contagious, dangerous diseases
6. Have not been suffering from any mental alienation
 93

7. Have been accepted by a university, seminary, college, academy,

or school that have been duly accredited to accept foreign students
by the Bureau of Immigration

Procedures in Applying for a Student Visa

1. The student desk shall subject the applicant to derogatory check

2. The student must submit all the documentary requirements

enumerated in the checklist to the student desk of the BI thru the
designated school’s liaison officer who will hand carry them under
a letter cover typewritten on the school official stationary signed
by the school’s registrar and stamped with the school’s official
dry seal

3. He must pay the filing fee of P2,010 and express lane fee of P500
at the cash section after securing order of payment slips (OPS)
from the BI student desk

4. The BI student desk shall receive, evaluate, and draft an

appropriate order for action by the Commissioner

5. In case of approval, the BI student desk shall stamp the visa on

the student’s passport after payment of all required fees at the
cash section

6. Thereafter, the student must apply for registration at the Alien

Registration Division to be issued the alien certificate of registration
(ACR) and certificate of residence for temporary student (CRTS)

Exemption from Securing Student Visa

The principals, spouses and unmarried dependent children below 21

years old (who are also holders of a valid visa as a dependent of the
principal) of the following categories of aliens shall not be required to
secure student visa and special study permit:
94

1. A permanent foreign student

2. Aliens with valid working permits under Section 9(d), 9(g) and
47(a)(2) of the Philippine Immigration Act of 1940, as amended

3. Personnel of foreign diplomatic and consular missions residing in

the Philippines

4. Personnel of duly accredited international organizations residing

in the Philippines

5. Holders of special investor’s resident visa (SIRV) and special

resident retiree’s visa (SRRVisa)

6. Foreign students coming in the Philippines with 47(a)(2) visas

issued pursuant to existing laws, e.g. P.D. 202

Duration of Visa and Application for Extension

A student visa shall be valid for an initial period of one (1) year from
date of issuance, in case the same is secured from a Philippine Foreign
Service Post, and, from the date of approval, in case of conversion by the
BI. Renewal may be made by the BI student desk every semester and,
for cause, may be approved for one year, upon proper application.

CHILDREN UNDER 15 TRAVELING ALONE

Under Section 29(12) of the Philippine Immigration Act, children under

15 years old traveling unaccompanied or not coming home to a parent
may not be allowed to enter the country, unless admitted by the
Commissioner of Immigration through a waiver of exclusion ground.

Requirements for Application of Waiver of Exclusion Ground

Based on the Bureau of Immigration’s Office Memorandum Order

No. LIV-95-031 dated 19 July 1995, the following documents are required
for the application of the waiver of exclusion ground (WEG):
 95

1. Notarized affidavit of consent from either or both parents for the

minor to travel unaccompanied to the Philippines
2. Notarized affidavit of support executed by the child’s relative with
whom the child will reside in the Philippines
3. Photocopy of the data page of the minor’s passport
4. Authenticated birth certificate of the child
5. Payment of the required fees at the Bureau of Immigration before
the minor’s arrival or immediately upon arrival at the port of entry

Applications for WEG should be filed with the Commissioner at least

five (5) days before the arrival of the minor.

RECOGNITION AS A FILIPINO CITIZEN

Under the Bureau of Immigration’s Law Instruction No. RBR-99002,

issued on 15 April 1999, any child born of a Filipino parent may be
recognized as a Filipino citizen under existing laws. The following documents
are to be submitted to the Commissioner of Immigration:

1. Petition, in the form of a letter-request, made under oath by the

Filipino parent or legally appointed guardian. A person who is 18
years old must apply in his/her own capacity.

In default of parents or a judicially appointed guardian, the

following persons shall exercise substitute parental authority over
the child in the order indicated:

• the surviving grandparent as provided in Article 214 of the

Family Code
• the oldest brother or sister over 21 years of age, unless unfit
or disqualified
• the child’s actual custodian, over 21 years of age, unless unfit
or disqualified

In case the letter-request is made by a person on behalf of any of

the parents, the legally appointed guardian, or persons exercising
substitute parental authority, he or she must be duly authorized
through a power of attorney to file such petition.
96

2. Authenticated birth certificate of the child

3. Birth certificate of the Filipino parent
4. Affidavit of citizenship executed by the applicant’s Filipino parent
attesting to his/her citizenship at the time of the birth of the child
5. Photocopy of the child’s passport, if he/she has one
6. Photocopy of the Filipino parent’s passport, if he/she has one
7. Proof of Filipino citizenship of a parent at the time of the birth of
the child other than the parent’s passport or the child’s passport

All documents issued by foreign governments and those executed in a

foreign country shall be duly authenticated by the authorized officer of the
Philippine embassy or consulate that has jurisdiction over them.

Communications, statements, or documents executed in a language

other than English or Filipino should be officially translated under the seal
of the authorized officer of the appropriate foreign embassy.

Pursuant to Executive Order No. 292, the Bureau of Immigration,

through its Records Section, will automatically furnish the Department of
Justice an official copy of its order of recognition within 12 days from its
date of approval. Identification certificates shall be issued only after
confirmation by the Secretary of Justice.

For more information, please contact:

Office of the Commissioner

Bureau of Immigration
Magallanes Drive, Intramuros, Manila
Tel. Nos. (632) 527-3261 / 527-3277
Fax No. (632) 338-4538

PRE-ARRANGED EMPLOYMENT VISA

Under Section 9(g) of the Philippine Immigration Act, aliens including

former Filipino nationals overseas, may be admitted as non-immigrants if
they are entering the Philippines to engage in any lawful occupation, whether
for wages or for salary or for other forms of compensation where bonafide
employer-employee relations exist.
 97

Qualified for this type of visa are professors/teachers of educational

institutions, doctors and nurses, scientists, professionals and other workers
for banking, commercial, industrial, agricultural, and other business
enterprises.

The pre-arranged employment visa is issued only upon authorization

by the Bureau of Immigration. The authorization, which is in the form of
an order by the Board of Commissioners to grant such visa to the applicant,
includes a certification that no person can be found in the Philippines willing
and competent to perform the labor or service for which the non-immigrant’s
admission will be beneficial to public interest.

As a general rule, pre-arranged employment visas are issued at the

Philippine embassy or consulate in the applicant’s country of origin or
place of residence. However, under present laws and regulations, alien
applicants for a pre-arranged employment visa need not depart temporarily
to a foreign country to obtain their visas.

The Bureau of Immigration also allows for a change of admission

category from one class of non-immigrant to pre-arranged employment, if
negotiations for the alien employment have commenced and a petition for
the issuance of a pre-arranged employment visa has been filed with the
Commissioner of Immigration prior to the entry of the alien concerned to
the Philippines.

While the application for non-immigrant status is on-going, the applicant

may also be authorized to assume his/her duties and responsibilities if he/
she secures a provisional permit to work or a special work permit from
the Bureau of Immigration. However, the permit is not a valid substitute
for an alien employment permit issued by the Department of Labor and
Employment (DOLE).

Pre-arranged employment visas are granted for a period co-terminus

with the alien employment permit from the DOLE.

Alien Employment Permit

Under DOLE Order No. 12 series of 2001, entitled “Omnibus

Guidelines for the Issuance of Employment Permits to Foreign Nationals,”
98

unless the employment contract, consultancy service or term of office

provides for a longer period, the validity of the employment permit shall be
for a period of one (1) year.

In case of assignment in the company’s subsidiaries, branch offices

and those assigned in the headquarters with oversight function in any of
the branch offices, operation or projects in the country, one (1) employment
permit shall be required and valid for all the said assignments irrespective
of their place/s.

Coverage

The following categories of foreign nationals are required to secure

an alien employment permit (AEP) from the Department of Labor and
Employment:

1. All foreign nationals seeking admission to the Philippines for the

purpose of employment

2. Foreign professionals who are allowed to practice their profession

in the Philippines under reciprocity and other international
agreements and in consultancy services pursuant to Section 7(j)
of the PRC Modernization Act of 2000

3. Holders of special investors resident visa (SIRV), special resident

retiree’s visa (SRRVisa), treaty traders visa (9d) or special non-
immigrant visa [47(a)2], who occupy any executive, advisory, or
technical position in any establishments

4. Missionaries or religious workers who intend to engage in gainful

employment

5. Non-Indo Chinese refugees who are asylum seekers and given

refugee status by the United Nations High Commissioner on
Refugee (UNCHR) or the Department of Justice under DOJ
Department Order No. 94, series of 1998
 99

Exemption

The following categories of aliens are exempt from securing

employment permit in order to work in the Philippines:

1. All members of the diplomatic services and foreign government

officials accredited with the Philippine government

2. Members of international organizations and their legitimate spouses

with which the Philippine government is a cooperating member,
e.g. Asian Development Bank (ADB), International Rice
Research Institute (IRRI), and specialized agencies of the United
Nations

3. Foreign nationals elected as members of the Governing Board

who do not occupy any other position, but have only voting rights
in the corporation

4. Missionaries who are engaged in missionary work only

5. All aliens granted exemption by special laws and all other laws
that may be promulgated by Congress and whose employment in
the Philippines have been determined by the Secretary of Labor
and Employment on a case-to-case basis to be beneficial to national
interest

6. Owners and representatives of foreign principals, whose

companies are accredited by the Philippine Overseas Employment
Administration (POEA), who come to the Philippines for a limited
period solely for the purpose of interviewing Filipino applicants
for employment abroad

7. Foreign nationals who come to the Philippines to teach, present

and/or conduct research studies in universities or colleges as
visiting, exchange or adjunct professors under formal agreements
between the universities or colleges in the Philippines and foreign
100

universities or colleges; or between the Philippine government

and foreign government; provided that the exemption is on a
reciprocal basis

8. Resident foreign nationals employed or seeking employment in

the Philippines

Where to Apply

An application for AEP can be filed in any of the following offices:

1. Foreign nationals seeking admission to the Philippines shall apply

for employment permit with the nearest Philippine embassy or
consulate

2. Local employers intending to hire the services of a foreign national

shall apply for an employment permit on behalf of said foreign
national with the nearest regional office of the Department of
Labor and Employment

3. Foreign nationals already in the Philippines shall apply through

their prospective employers with the nearest regional office of
the Department of Labor and Employment

Documentary Requirements

The following are the procedures and documentary requirements for

obtaining an alien employment permit:

1. The employer on behalf of the applicant applies for an AEP at the

DOLE, and submits the following documents, among others:

a. Curriculum vitae of alien

b. Contract of employment
c. SEC registration, articles of incorporation and by-laws of the
employer
d. Photocopy of passport

2. The AEP will be issued based on the following:

 101

a. Compliance of the applicant and his/her employer with all

documentary requirements
b. Report of the DOLE regional director on the non-availability
of any person in the Philippines who is competent, able, and
willing to do the job for which the services of the applicant
are desired
c. Assessment of the DOLE regional director on whether or
not the employment of the applicant will redound to national
interest
d. Recommendation of the Board of Investments or other
appropriate government offices if the applicant will be
employed in preferred areas of investments or in accordance
with the imperatives of economic development
e. Payment of appropriate fees

Requirements for Pre-arranged Employment Visa

The following are the procedures and requirements for acquiring pre-
arranged employment visa:

1. The employer files a petition for authorization for issuance of a

pre-arranged employment visa at the Bureau of Immigration by
submitting the following documents:

a. Alien employment permit

b. Contract of agreement between the employer and the applicant
c. Petition containing the nature of labor or service to be rendered
by the applicant, estimated length of time of engagement,
wages and other compensation to be received, reasons why
a Filipino citizen cannot be engaged to perform the labor or
service, and reasons why admission of alien would be
beneficial to public interest

The Board of Commissioners shall also require the following

documentary proofs from the applicant:

• Qualifications of the applicant

• In proper cases, a provisional permit to work or a special
work permit issued by the Bureau of Immigration
102

• In certain cases, the absence of derogatory information against

the applicant from any local or international law enforcement
agency
• Financial capacity of the petitioning company to support and
maintain the applicant during his/her employment in the
Philippines
• A written undertaking that the applicant shall not participate
in any partisan political activity for the duration of his/her stay
in the Philippines
• A written undertaking that the applicant shall use the pre-
arranged employment visa exclusively
• Certified copies of the corporate registration papers at the
Securities and Exchange Commission
• Proof of payment of the income taxes of the alien and his/her
employer

2. The Board of Special Inquiry (BSI) of the Bureau of Immigration

conducts the preliminary screening and submits its recommendation
to the Board of Commissioners. The applicant shall be asked to
appear before the BSI during the screening process.

3. The Board of Commissioners of the Bureau of Immigration renders

its decision on the request.

4. The BI issues an authorization for the issuance of pre-employment

visa to the Department of Foreign Affairs for the alien applicant,
if applicable.

Additional Requirements for Specific Professions

Aside from the requirements under this provision, the following types
of professions or businesses require prior authorization from appropriate
agencies before the alien can begin his/her employment:

1. Professions requiring authority from the Department of Justice

• Technicians in nationalized activities, logging concessions, and

plywood and woodworking plants
 103

2. Professions requiring clearance from the Bureau of Mines

• Technical consultants in mining firms

• Technical personnel in drilling activities of a mining project of
a local mining company

3. Professions requiring clearance from the Philippine Insurance

Commission

• Foreign insurance consultants

Pre-Arranged Employment Visas for Dependents

Dependents, which include the spouse and unmarried children under

21 years old, may join the alien or Filipino national during the period of
work in the Philippines. Application for pre-arranged employment visa for
dependents should be filed within six (6) months from the date of the
alien’s admission to the country as a non-immigrant.

For more information on pre-arranged employment visa processing,

please contact:

Board of Special Inquiry

Rm. 419, Bureau of Immigration
Magallanes Drive, Intramuros, Manila
Telefax No. (632) 527-3276

For more information on the filing of the alien employment permit,

please contact:

Employment Standards and Regulations Division

Bureau of Local Employment
2/F, VELCO Building, Roberto Oca St., Port Area
Manila
Tel. Nos. (632) 528-0083 / 528-0084
Fax No. (632) 527-2421
104

SPECIAL INVESTOR’S RESIDENT VISA

The special investor’s resident visa (SIRV) is granted to aliens who

wish to invest or participate in business activities in the Philippines. An
SIRV may be issued to a foreign national, except those from countries
that may be classified as restricted, who meets the following qualifications:

1. Has not been convicted of a crime involving moral turpitude

2. Is not afflicted with any loathsome, dangerous, or contagious
disease
3. Has not been institutionalized for any mental disorder or disability
4. Willing and able to invest at least US$75,000.00 in the Philippines

The SIRV holder is allowed to reside in the Philippines for as long as

his/her investment exists. The special residence status will automatically
expire once his/her investment is withdrawn from the Philippines or if the
same is reduced below the value of US$75,000.00.

Investment Areas

Investors holding this visa may engage in any business except those
included in the list of investment areas reserved for Philippine nationals
and those which may be excluded by the Inter-Agency Committee on
Special Investors Resident Visa (IAC-SIRV).

The percentage of foreign investments shall be limited by the provision

of applicable laws, rules, and regulations depending on the area of business.

Requirements for Special Investor’s Resident Visa

The following documents shall be attached to every application for

SIRV:

1. Application form duly filled-up and notarized, with recent

photographs;

2. Clearance from the National Intelligence Coordinating Agency

(NICA), together with either a clearance from the central
government agency of the applicant’s country or place of
 105

residence, duly authenticated by the Philippine embassy, or the

Interpol Division of the National Bureau of Investigation (NBI)
indicating that the applicant has not been convicted by final
judgment of a crime involving moral turpitude;

3. Medical certificate issued by any licensed and accredited hospital

certifying that the applicant is physically and mentally fit;

4. Certification under oath from the duly authorized officer(s) of

any BOI-accredited depository banks in the Philippines as to the
amount of foreign exchange inwardly remitted by applicant;

5. Certified true copy of the certificate of peso time deposit;

6. Birth certificate/family registry/household registry duly

authenticated by the Philippine consulate/embassy located in the
applicant’s home country or the applicant’s embassy in the
Philippines;

7. If applicable, marriage contract duly authenticated by the Philippine

consulate/embassy located in the applicant’s home country or the
applicant’s embassy in the Philippines.

Filing of Application

The applicant may apply at the Philippine embassy or consulate in his/

her home country or place of residence. However, if the investor is already
in the Philippines, the application may be filed at the One-Stop SIRV Center
of the Board of Investments.

Privileges

Aside from being able to reside in the Philippines, the following

privileges are available to SIRV holders:

1. May import used household goods and personal effects, tax and
duty free, as a foreign national coming to settle in the Philippines
for the first time, as provided for in Section 105(h) of the Tariff
and Customs Code of the Philippines.
106

2. The investor’s spouse and unmarried children under 21 years of

age, who are joining him in the Philippines, may also be issued
SIRV.

For more information on SIRV processing, please contact:

One-Stop SIRV Center

2/F, Board of Investments
385 Sen. Gil J. Puyat Ave., Makati City
Tel. No. (632) 897-6682 local 234
Fax No. (632) 896-8236
PROGRAMS AND SERVICES
OF GOVERNMENT AGENCIES
FOR OVERSEAS FILIPINOS

POST-ARRIVAL ORIENTATION SERVICES

The Commission on Filipinos Overseas encourages Filipino and private

organizations abroad to provide post-arrival services to newly-arrived Filipino
immigrants. The program aims to complement CFO’s pre-departure
services by extending on-site information that will help new migrants adjust
and cope with the demands of a new environment. Post-arrival services
may include language courses, orientation programs, and networking/
referral services to employment agencies, migrant resource centers, support
groups, and other Filipino associations within their areas of settlement.

Proposals for post-arrival services may be initiated by CFO or

overseas-based organizations/groups. A joint agreement is forged detailing
basic services for Filipino migrants and responsibilities of agencies involved.
These services are promoted during the orientation program conducted
by CFO among pre-departing Filipino emigrants. Pre-registration for the
post-arrival services is also undertaken among interested emigrants upon
registration at the CFO office in Manila.
108

LAKBAY-ARAL PROGRAM

Lakbay-Aral is a program of the Commission on Filipinos Overseas

to enable descendants of Filipino immigrants overseas to trace their roots
and rediscover their rich Filipino heritage. First implemented in 1983, it
consists of a two-week travel study program to the Philippines for children
and youth between 15 to 25 years old.

Features of the Program

The program has been designed to help Filipino youth overseas acquire
a better appreciation of the socio-cultural, political and natural environment
of the land of their forebears. Activities include:

1. Visits to historical sites and landmarks, and scenic areas with on-
site lectures
2. Lectures on the land and peoples of the Philippines
3. Exposure to Filipino traditions, arts and crafts
4. Interaction with Filipino students, national and local government
officials, and members of Filipino indigenous communities

Requirements

To confirm participation in the program, the following requirements

should be forwarded to the secretariat:

1. Completed application form

2. Non-refundable confirmation fee of US$50.00 (The amount is
deductible from the total program cost)

Fees

The program fee (of about $800) may vary depending on the itinerary
chosen by participants. The program fee will cover the following expenses:

1. All inland transportation

2. Food (breakfast, lunch, dinner)
3. Hotel accommodation
4. Learning materials
 109

5. Accident and medical insurance for the duration of the program

6. Guided tours

Special Lakbay-Aral programs can be arranged for a group of at

least 30 participants. For everyone else who would like to visit the
Philippines through especially-arranged travel but are not in the age group
of the participants of the Lakbay-Aral Program, the Commission on
Filipinos Overseas recently launched the Lakbayan sa Pilipinas – a special
12-day journey for overseas Filipinos, their families and friends who would
like to visit and recall their pleasant memories about the Philippines, and
together experience Filipino hospitality at its best. Participants are given
the opportunity to gain new insights and perspectives about the country as
they journey to various historical landmarks and places of interest, and
interact with the peoples of the land.

Participants may choose to join any of the available Lakbayan modules

or develop their own itinerary based on special interests in consultation
with the Lakbayan program coordinator. A minimum of 30 participants
would be required for each of the program modules.

Application forms may be requested through:

The Program Coordinator

Lakbay-Aral Program and Lakbayan sa Pilipinas Program
Commission on Filipinos Overseas
Citigold Center, 1345 Quirino Ave. cor. South Superhighway
Manila, Philippines
Tel. Nos. (632) 561-8321 loc. 605 / 561-8327
Fax No. (632) 561-8332
E-mail Address: [email protected]

PHILIPPINE SCHOOLS OVERSEAS

The establishment of Philippine schools overseas is being encouraged

in other countries where there are large concentrations of Filipino school
children. These schools follow the prescribed Philippine curriculum and
ensure that quality education in the elementary and high school levels is
made available to children of Filipino migrants, so that these students can
110

be readily integrated into the Philippine educational system on their return

to the Philippines. These schools also provide a venue for learning about
Filipino heritage and culture.

Inter-Agency Committee on Philippine Schools Overseas

In May 2000, Executive Order No. 252 was issued to strengthen the
Inter-Agency Committee on Philippine Schools Overseas which was
created through a memorandum of agreement signed on 24 February 1995.
The Committee is a policy-making body and a forum for discussion and
resolution of issues concerning the establishment, operation, and
management of Philippine schools overseas or such types of schools or
educational programs abroad. It is chaired by the Department of Education
and co-chaired by the Department of Foreign Affairs. Other members of
the Committee are the Department of Labor and Employment, Overseas
Workers Welfare Administration, and Commission on Filipinos Overseas,
which also serves as the secretariat.

The Committee on Philippine Schools Overseas has the following functions:

1. Develop policies and guidelines in connection with the

establishment, operation, management, accreditation and regulation
of Philippine schools and educational programs overseas

2. Conduct studies on issues and problem areas affecting the

operation of Philippine schools overseas

3. Provide inputs to the Department of Education in the development

of standards and systems for monitoring and evaluating Philippine
schools overseas

4. Hold meetings and consultations on a regular basis to ensure the

effective and efficient implementation of policies and programs
for Philippine schools overseas

5. Conduct site visits and ocular inspections of Philippine schools

overseas
 111

6. Serve as arbiter in matters regarding Philippine schools overseas

which are brought to its attention

There are now 37 Philippine schools overseas of which 28 are already

accredited by the Department of Education. These schools are located in
Bahrain, China, Greece, Kuwait, Libya, Oman, Qatar, Kingdom of Saudi
Arabia, and United Arab Emirates.

Individuals or organizations interested in setting up Philippine schools

overseas may contact:

The Secretariat
Inter-Agency Committee on Philippine Schools Overseas
Citigold Center, 1345 Quirino Ave. cor. South Superhighway
Manila, Philippines
Tel. No. (632) 561-8327
Fax No. (632) 561-8332
E-mail Address: [email protected]

LINGKOD SA KAPWA PILIPINO OR LINK FOR PHILIPPINE

DEVELOPMENT (LINKAPIL)

The Lingkod sa Kapwa Pilipino (now also known as Link for

Philippine Development) or LINKAPIL program was designed by the
Commission on Filipinos Overseas to facilitate transfer of various forms
of contributions, grants and assistance from Filipinos or other donors
overseas to support projects in livelihood development, education, health
and welfare, small-scale infrastructure, and technology and skills transfer.

Literally means “service to fellow Filipinos”, LINKAPIL seeks a

broader and deeper partnership between Filipinos overseas and Filipinos
in the home country based on a common desire to advance the collective
good of the Filipino people and to contribute to the realization of national
development.

Goals and Objectives

LINKAPIL provides a system for overseas Filipinos who desire to do

112

their share in serving fellow Filipinos by supporting various activities and

projects in the Philippines. It intends to facilitate the flow of assistance
from overseas to specific beneficiaries in the Philippines.

The LINKAPIL Program aims to:

• Enhance participation among overseas Filipinos in the national

development efforts

• Provide a mechanism for better coordination and feedback among

overseas donors, government agencies and beneficiaries

• Promote awareness and understanding of existing procedures and

guidelines for the processing of donations from abroad

• Promote confidence among overseas donors through an effective

and responsive monitoring and feedback mechanism

• Espouse genuine collaborative partnerships between overseas

Filipinos and those in the Philippine homeland in accordance with
national development objectives

Program Components

The LINKAPIL Program provides Filipinos and other donors overseas

with opportunities to reach out and make a difference in the lives of those
in need.

Education

Overseas donors may consider supporting the education of Filipino

children and youth interested to go to school but are hindered by poverty.
Assistance to education projects may be through the following:

1. Establishment of scholarship fund or grant under the LINKAPIL

Program’s “Adopt-A-Scholar” project. A mechanism is available
for associations or individuals abroad to establish scholarship grants
in identified public schools or colleges or to provide financial
assistance to disadvantaged but scholastically qualified students.
 113

2. Donation of books and other educational materials, such as

computers and science laboratory equipment, to public schools.

Donations may be channeled to state colleges and universities in the

Philippines or accredited and licensed non-government organizations. CFO
will coordinate, on behalf of the overseas donor, with the identified school
or non-government organization which will serve as the fund manager for
the scholarship grant.

Micro Enterprises/ Livelihood

This program area seeks to assist in improving socio-economic

conditions in the countryside by encouraging the establishment of small-
scale or alternative income generating activities, and fostering the concept
of self-help among members of the community. Assistance to livelihood
projects may be through any of the following:

1. Grant of capital fund or capitalization to a specified beneficiary

2. Donation of equipment or resources needed to start or sustain

livelihood projects or to improve productivity and income

3. Provision of low-interest bearing loans to registered cooperatives

and organizations. Repayment schemes for the loans would be
arranged in cooperation with a local bank.

Donations may be directed to local communities and barangays, non-

government organizations, and cooperatives. A list of projects for funding
is available upon request at the Commission on Filipinos Overseas through
its Philippine Sectoral Development and Needs Profiling System.

Health and Welfare

This program area involves the promotion of health care among

Filipinos especially in rural and economically disadvantaged areas. The
program enables indigent groups, i.e., orphans, street children, elderly,
disabled, to have greater access to health services and social benefits.
Assistance may be in the following forms:
114

1. Conduct of medical or surgical missions to provide free services

and medicines to patients

2. Donation of medical supplies and equipment to primary and

secondary private and government hospitals, which are accredited
by the Department of Health

3. Provision of relief assistance to calamity areas in the form of

cash donations, food and other basic necessities in cooperation
with humanitarian agencies and non-government organizations
licensed and accredited by the Department of Social Welfare and
Development

Small-Scale Infrastructure

Filipinos and other donors overseas may direct resources for the
construction of facilities needed for the improvement of day to day life.
Assistance to underserved areas may be in the following areas:

1. Provision of funds for the construction of water facilities (i.e.,

deepwells, manual or electric pumps, water tanks), health centers,
latrines, classrooms, among others

2. Donation or purchase of materials for the construction of small-

scale infrastructure projects

Beneficiaries may include schools, barangays and other institutional

populations who have little or no access to funding from national or local
sources.

Transfer of Technology

This program area seeks to facilitate the transfer of skills and

knowledge to government agencies, local academe and communities
through the volunteer services of overseas Filipino experts in science and
technology, education, agriculture, and other fields crucial to development.
Interested parties can inquire from the CFO about assistance in any of the
following:
 115

1. Conduct of training/seminar-workshops in various fields of

expertise

2. Extension of volunteer service in government and non-government

agencies, or rural communities

Operational Framework

The LINKAPIL Program relies on cooperative linkages among

Filipinos overseas, the national government, local government units, non-
government organizations, and the private sector to enable the transfer of
resources and skills from overseas to beneficiaries in the Philippines.

LINKAPIL COORDINATION PROCEDURES

• Signify
FILIPINO ASSOCIATIONS OVERSEAS intention to
donate

• Authenticate
PHILIPPINE EMBASSIES/CONSULATES documents

• Coordinate
COMMISSION ON FILIPINOS OVERSEAS with concerned
agencies

• Endorse
DEP ED DOH DSWD NEDA OTHERS requests for
duty-free
importation

• Process request
for tax exemption
DEPARTMENT OF FINANCE

• Process release
BUREAU OF CUSTOMS of donations

• Receive
BENEFICIARIES assistance
and submit utilization
report
116

Overseas Donations: Procedures and Requirements

Conditions for Duty-Free Importations

Donations from abroad may qualify for duty exemption depending on

the donee/consignee or recipient, and the nature of the item to be donated.

1. The specified donee/consignee or recipient must be qualified to

receive donations on a tax or duty free basis.

2. The items to be donated may be recommended for duty-free entry

provided they are:

a. Directly required or necessary in the religious, charity, medical

or training activities of the donee/consignee, and should
contribute to the promotion of rural or regional development,
generation of employment, and strengthening of health services
or moral values, and other socio-economic development

b. Essential machinery and equipment, including its spare parts

and accessories, as defined under NEDA rules and regulations

c. Not contraband, prohibited, regulated or restricted under

existing laws (i.e., motor vehicles, clothing, tires), except those
necessary for the promotion of public health and safety

d. Not locally available and with no local substitutes as certified

by the Board of Investments. However, in case of local
availability, the importation may still be recommended for duty-
free treatment if it satisfies the foregoing conditions, in addition
to which the BOI should interpose no objection to granting of
duty exemption.

Note: Certification for duty-free importation is made on a per

shipment basis to ensure that each request satisfies the
policy guidelines of NEDA.
 117

Qualified Recipients

The following organizations and entities may qualify for duty-free

importation of donations:

• Non-profit, welfare, and charitable organizations which have been

in operation for at least six (6) months and are licensed or
accredited by DSWD

• Non-stock, non-profit educational and training institution duly

registered under Philippine laws and operated exclusively for
educational purpose, maintained and administered by private
individuals or groups, offering formal education, and issued permit
to operate by the Department of Education in accordance with
existing laws and regulations

• Educational, scientific, and cultural institutions or societies, and

similar organizations duly approved by competent authorities such
as the Department of Education and the United Nations
Educational, Scientific and Cultural Organization (UNESCO)
National Commission of the Philippines

• Other non-profit religious and/or charitable institutions registered

with the Securities and Exchange Commission, except private
individuals and civic, service, cultural, and scientific organizations
or foundations

• Government hospitals duly registered and licensed to operate by

DOH as provided for in Republic Act 4226 or the Hospital
Licensure Act

• Private primary and secondary hospitals duly registered and

licensed to operate by DOH as provided for in Republic Act 4226

• Government departments, offices, and agencies, including local

government units, except government owned and controlled
corporations
118

• Duly registered cooperatives certified by the implementing

government agency concerned as deserving such incentive

• Other organizations covered by bilateral or international

agreements to which the Philippines is a signatory, and by
Presidential decrees and other special laws

Items Which May be Donated Free of Duty

The following items donated from overseas may be allowed duty free
entry:

• Books, publications and documents

• Essential machinery and equipment, including its spare parts and
accessories

Note: Only non-profit religious and charitable (except civic and

service) institutions, government agencies and hospitals,
and private primary and secondary hospitals may be
allowed to receive donated essential machinery and
equipment including spare parts and accessories on a duty
free basis.

• Essential consumer goods not available locally in times of calamities

or fortuitous events

• Food and food products, drugs and medicines and other

pharmaceuticals having similar preparations registered with the
Bureau of Food and Drugs (BFAD)

Note: No pharmaceutical product intended for donation will be

accepted or distributed unless it is registered with BFAD,
in accordance with the provisions of Republic Act 3720.
All donated drugs issued clearance by BFAD are subject
to strict monitoring by BFAD for intended usage.

• Medical equipment and devices

 119

• Relief goods for free distribution to the needy or to be used in

evacuation centers, provided these are not in commercial quantity

• Reagents for research purposes

• Scientific instruments or apparatus intended exclusively for

educational purposes or pure scientific research; articles for the
blind; and visual and auditory materials and works of art and
collectors’ pieces of education, scientific, and cultural character
pursuant to the Florence Educational Scientific and Cultural
Agreement adopted by the General Conference of UNESCO
at Florence, Italy in 1950

Important: Consumer items such as gas stoves, television sets, air

conditioning units, refrigerators, office or home furniture,
bicycles, towels, drapes/curtains, sheets, blankets, toys,
among others, are not considered priority items for economic
development and therefore, do not qualify for duty
exemption.

The importation of textile articles commonly known as “used

clothing” from any country of origin is absolutely prohibited.
(Republic Act 4653, Customs Memorandum Order No. 14,
s. 1986, DSWD Department Order No. 28, s. 1999)

Required Documents

The following documents will be required in requesting for duty-free

certification for incoming donations from overseas:

1. From the donor

• Deed of donation duly authenticated by the Philippine embassy

or consulate

• Itemized list of donation (also referred to as packing list or

inventory of donated items)
120

• Proforma invoice or commercial invoice (not required for used

items)

• Shipping documents (bill of lading or airway bill)

Important: The name listed as donee/consignee or recipient in

the Deed of Donation must be the same as that
appearing in the shipping documents.

2. From the donee/consignee or recipient

• Letter of request for duty-free certification addressed either

to the Department of Finance (DOF) or the National
Economic and Development Authority (NEDA)

• Deed of acceptance of the donation

• Distribution plan for the donation

• Copy of SEC registration and articles of incorporation and/or

by-laws, in case of non-stock, non-profit charitable or religious
institutions requesting exemption from payment of duties for
the first time

• DSWD license to operate and certificate of accreditation, if

non-government organization

• Current and valid DOH license to operate, if hospital

Filing of Application

The donee/consignee or recipient files a letter of request for duty free

importation either with the NEDA or the DOF. The NEDA processes,
evaluates, and endorses requests for duty free importation for machinery
and equipment. The DOF processes, evaluates, and endorses requests
for duty free importation of relief goods (medicines, food, among others)
intended for DSWD accredited and licensed non-government organizations,
as well as books, publications, and education-related materials/equipment.
 121

The letter to NEDA is addressed to:

The Director
Trade, Industry, and Utility Staff
National Economic and Development Authority
Amber Ave., Pasig City
Telefax No. (632) 631-3734

The letter to DOF is addressed to:

The Secretary
Department of Finance
Attention: Revenue Operations Group
DOF Bldg., Roxas Blvd., Manila
Telefax No. (632) 526-2281

Important: For books and publications, the letter to DOF must be

addressed to the Secretary of Finance (Attention:
Mabuhay Lane).

Release of Donation

Upon receipt of the endorsement by the agency concerned for the

duty-free certification on the donation, the DOF issues the appropriate
clearance and forwards the same to the Central Records Division, Bureau
of Customs (BOC) by official messenger. A duplicate copy of the DOF
clearance may be furnished to the donee/consignee or recipient upon
request.

The Tax Exempt Division of the BOC endorses the release of donation
and forwards this document to the Informal Entry Division of the district
office concerned (South Harbor, MICP, NAIA, etc.). The Informal Entry
Division checks/verifies, appraises and examines the donated shipment.

After completing the documentation and the payment of processing

fees and charges (i.e., terminal handling fee, stripping, arrastre/wharfage,
among others), the Bureau of Customs releases the shipment to the donee/
consignee or its authorized representative. Processing for the release of
122

donation at the Bureau of Customs usually takes about two to three (2-3)
working days if all requirements are complete.

Important: Donations, even if accorded duty-free privilege, are still

subject to value added tax (VAT), which is computed at
10% of the landed cost of the shipment.

For more information, please contact:

Commission on Filipinos Overseas

Citigold Center, 1345 Quirino Ave. cor. South Superhighway, Manila
Tel. Nos. (632) 561-8321 locals 605-608 / 561-8327
Fax No. (632) 561-8332

NO DOLLAR IMPORTATION OF USED MOTOR VEHICLE

Executive Order No. 248 on the Motor Vehicle Development Program

(MVDP) dated 24 July Series of 1987, provides a program aimed at
establishing a viable motor vehicle industry by providing a business
environment that will encourage its growth. For this purpose, it is the policy
of government not to deprive returning residents and other qualified
individuals to import second-hand motor vehicles into the country for
personal use under certain conditions.

Qualification of Importers

The following individuals who arrived in the Philippines within two

years from date of arrival and within the effectivity of the guidelines are
qualified to import motor vehicles under this scheme:

1. Returning residents who have resided abroad for at least one year.
The residency requirement shall be accumulated within the three
(3) year period of his stay abroad up to the date of filing of the
application.

2. Immigrants holding 13g or 13a visa

 123

Allowable Motor Vehicles

Only the following motor vehicles shall be authorized for importation:

1. Left-hand drive (LHD) passenger cars with certificate of emission

compliance (CEC) from the country of origin duly authenticated
by the Philippine embassy or consulate abroad
2. LHD recreational, utility and commercial vehicles such as vans,
pick-ups, jeeps, coasters and other vehicles of similar body
configurations, provided that the gross vehicle weight shall not
exceed 3,000 kilograms
3. Motorcycles and scooters

Motor vehicles should have been registered under the name of the
qualified individuals in the country of residence for at least six (6) months
before the submission of the application.

Importation Procedures and Documentary Requirements

1. Prior authority to import from the DTI-Bureau of Import Services

(BIS) is required before shipment of the motor vehicle, in order to
prevent inconvenience of applicants in the importation of the same.
A duly notarized application to import should be submitted or mailed
to the DTI-BIS with the following documents:

• Duly notarized affidavit of undertaking

• Complete pages of old and new passport with valid 13g or
13a, as the case may be
• Certificate of vehicle registration or certificate of title. In case
the registration/certificate is in a language other than English,
an English translation shall also be submitted
• 2 x 2 ID picture with signature
• Payment of the corresponding processing fee

Note: Authentication by the Philippine consulate/embassy abroad is

required when original documents cannot be presented.
124

2. The authority issued for this purpose shall be valid for a period of
180 days from date of issue.

3. Before or upon arrival of the motor vehicle, clearance for the

release thereof shall be issued by the DTI-BIS only upon
presentation of the following original documents and subsequent
personal appearance at the DTI-BIS office:

• Passport
• Certificate of vehicle registration and/or certificate of title
• Valid DTI-BIS authority to import
• Alien certificate of registration (ACR) and immigrant
certificate of residence (ICR), as the case may be
• Shipping documents (e.g. bill of lading entry form with
examiner’s findings, etc.)
• Official receipt of taxes and duties paid thereof

Taxes and Registration

1. Taxes and duties payable on the motor vehicle as estimated by

the Bureau of Customs under existing laws shall be paid in full.
Tax credits, duty drawback certificates and similar instruments
shall not be authorized for acceptance as payments of the taxes
and duties levied on the motor vehicle.

2. The motor vehicle shall be registered at the central office of the

Land Transportation Office (LTO) at East Avenue, Quezon City,
and, such other LTO agency office as may be designated by the
DTI Inter-Agency Committee. No right-hand drive (RHD) motor
vehicle imported under this program shall be registered by the
LTO.

Other Provisions

1. Any individual qualified under these guidelines shall be granted

authority to import a vehicle only once.

2. Only one (1) vehicle per family shall be allowed. If a family is

composed of the husband, the wife and their unemancipated minor
 125

children, the family shall be allowed to import only one motor

vehicle within the effectivity of these guidelines.

3. There shall be no resale of the motor vehicle for three years.

4. Motor vehicles subject to seizure and penalties

• Importation of right-hand drive (RHD) motor vehicles in

violation of Republic Act No. 8506.

• Any motor vehicle imported in violation of these guidelines

and/or has arrived without prior authority shall be subjected
to penalties provided under pertinent provisions of the Tariff
and Customs Code including seizure proceedings.

Further inquiries should be addressed to:

Import Action Division

Bureau of Import Services
3rd Floor I Oppen Building
349 Sen. Gil J. Puyat Avenue
Makati City 1200, Philippines
Tel. Nos. (632) 890-5418 / 890-5333 locals 335/336
Fax No. (632) 895-7466
E-mail Address : [email protected] or [email protected]
Website : www.dti.gov.ph/bis

CONDITIONALLY-FREE IMPORTATION

Section 105 of the Tariff and Customs Code of the Philippines as

amended by Executive Order No. 206 provides duty and tax free privileges
to the following individuals, the extent of which varies as follows:

1. Returning Resident. Personal and household effects belonging

to residents of the Philippines returning from abroad including
wearing apparel, articles of personal adornment (except luxury
items), toilet articles, instruments related to one’s profession, used
home appliances and analogous personal or household effects are
126

exempt from duties and taxes, subject, however, to the following

conditions:

a. The arrival of the said articles shall not exceed sixty (60)
days after the owner’s return to the Philippines
b. The said articles are not in commercial quantities nor intended
for barter, sale or hire
c. The total dutiable value of said articles shall not exceed ten
thousand pesos (P10,000)
d. Fifty percent (50%) ad valorem duty across the board shall
be levied and collected on said articles in excess of ten thousand
pesos (P10,000)
e. The said articles had been used by them for six (6) months
while staying abroad

Personal and household effects including jewelry, precious stones

and other articles if luxury which were formally declared and
listed before departure and identified under oath before the collector
of Customs when exported from the Philippines by such returning
residents upon their departure therefrom or during their stay abroad.

2. Overseas Filipino Workers. Returning overseas contract

workers shall have the privilege to bring in, duty and tax free,
used home appliances provided that:

a. The quantity is limited to one of each kind

b. The privilege has not been enjoyed previously during the
calendar year which fact must be declared under oath by the
owner
c. The owner’s passport is presented at the port/airport of entry
d. Any amount in excess of P10,000 will be subject to taxes and
duties

3. Tourists. Wearing apparel, articles of personal adornment, toilet

articles, portable tools and instruments, theatrical costumes and
similar effects accompanying them or arriving within a reasonable
time before or after their arrival in the Philippines, which are
necessary and appropriate for the wear and use of such persons
 127

according to the nature of the journey, their comfort and

convenience.

4. Foreign Consultants and Experts. Personal and household

effects and vehicles belonging to foreign consultants and experts
hired by, and/or rendering service to the government, and their
staff or personnel and families, accompanying them or arriving
within a reasonable time before or after their arrival in the
Philippines, are exempted provided that:

a. They are in quantities and of the kind necessary and suitable

to the profession, rank or position of the person importing
them
b. The goods extended duty and tax free privileges are not to be
sold, bartered or traded
c. The collector of Customs may in his discretion require either
a written commitment or a bond in an amount equal to one
and one-half times the ascertained duties, taxes and other
charges thereon, conditioned for exportation thereof or
payment of the corresponding duties, taxes and charges within
six (6) months after the expiration of their term or contract.

Further inquiries should be addressed to:

Mabuhay Lane
Department of Finance
Executive Tower Building
BSP Complex, Roxas Boulevard, Manila
Tel. No. (632) 526-8470

EXCHANGE VISITOR PROGRAM

The Exchange Visitor Program (EVP) is a program of the government

of the United States which seeks to facilitate educational and cultural
exchanges between the peoples of the United States and that of other
countries.
128

Through the interchange of knowledge skills and developments in the

field of education, arts and sciences, the EVP seeks to provide foreign
nationals an opportunity for professional and academic advancement and
acquire for their home country the necessary skills and expertise for growth
and development.

Philippine EVP Committee

Administrative Order 191 signed by Pres. Ramon Magsaysay

established the Philippine EVP Committee tasked to coordinate Philippine
participation in the program and properly channel the services of returned
participants to the benefit of various government projects. Administrative
Order 242 signed by Pres. Fidel V. Ramos redefined the function of the
Committee and expanded its membership. EVP Committee now consists
of 11 agencies chaired by the Department of Foreign Affairs. Member
agencies are:

1. Department of Health
2. Department of Education
3. Department of Labor and Employment
4. Office of the President
5. Department of Science and Technology
6. National Economic and Development Authority
7. Professional Regulation Commission
8. Commission on Higher Education
9. Technical Education and Skills Development Authority
10. Commission on Filipinos Overseas, which also serves as Secretariat

Types of Participants

The following are the specific categories of participants under the

EVP:

Type of Participant Particulars Duration

Professors/Research To participate in international 3 years; may be

Scholars collaborative teaching and extended to 6 years
research efforts under exceptional
circumstances
 129

TypeofofParticipant
Type Participant Particulars Duration

Short-Term Scholars To lecture, observe, and 6 months maximum

participate in seminars,
workshops, conferences,
study tours, professional
meetings or similar types
of educational and
professional activities

Trainees To participate in a structured 18 months maximum

training program in a
workplace setting in a
particular occupational
category

College and University To study at a post- Not to exceed 24

Students secondary accredited months for non-
educational institutions for degree programs
specific degree or non- except for full-time
degree programs course

Secondary School Students, between 15 and 18 1 year maximum

Students years old, seeking to study
in the US while living with
an American host family or
residing at accredited US
boarding school

Teachers To teach full time in primary 3 years maximum

and secondary accredited
educational institutions

Alien Physicians Clinical Programs -- 7 years

Foreign medical graduates
seeking to pursue graduate
medical education or training
in health institutions
accredited by the
Educational Commission for
Foreign Medical Graduates
(ECFMG)
130

Type of Participant Particulars Duration

Non-Clinical Programs -- 7 years

Foreign medical graduates
seeking to observe, consult,
teach or research in
university or academic
institutions

Specialists Experts in a field of 1 year maximum

specialized knowledge or
skills seeking to consult,
observe, demonstrate
special skills in the field of
mass media communication,
environmental science,
youth leadership, labor law,
public administration,
museum exhibitions, library
science, among others

International Visitors Foreign nationals 1 year maximum

recognized as “potential
leaders”, and selected by the
US State Dept. to participate
in observation tours,
discussions, consultations,
conferences, etc.

Government Visitors Foreign nationals recognized 18 months maximum

as “influential or
distinguished persons” and
selected by federal, state, or
local governmental agencies
to participate in observation
tours, discussions,
consultations, conferences,
etc.

Camp Counselors Youth workers, students, 4 months maximum

teachers, at least 18 years
old, seeking to serve at US
 131

Type of Participant Particulars Duration

summer camps to engage in

teaching, observing, and
instructional activities

Summer Work Travel Post-secondary students, 4 months

during their summer maximum
vacations seeking to
participate in the American
daily life thru temporary
employment opportunities

Au Pairs Secondary school 1 year

graduates, between 18 and maximum
26 years old, seeking
opportunity to live with an Note: The Philippines
American host family, imposed a ban on the
provide limited child care in deployment of Filipino
the home, and attend a US women under ‘Au
post-secondary schools Pair’ arrangements
effective 5 November
1997

The J-1 Visa

The J-1 is the non-immigrant visa issued to EVP participants who are
coming temporarily to the United States to participate in educational and
cultural exchanges to teach, lecture, study, observe, conduct research,
consult, demonstrate skills, or receive training.

Dependents, including the accompanying spouse and unmarried children

under 21 years of age of exchange visitors are issued the J-2 Visa.

Two-Year Home Country Physical Presence Requirement

It is critical to the success of the Exchange Visitor Program that

exchange visitors and their family members on J visas return to their home-
country to share their experiences in the United States with fellow citizens.
132

As such, the two-year home-country physical presence requirement is

imposed under the EVP rules and regulations specifically to the following
EVP participants:

1. Those whose participation in the program was financed in whole

or in part, directly or indirectly, by an agency of the US government
or by the government of the country of his/her nationality or last
legal permanent residence.
2. Those whose training in specific fields of profession is included
in the Exchange Visitors Skills List (The Philippines’ Skills List
was last amended on 04 October 2002, and duly adopted on 28
February 2003)
3. Those intending to receive graduate medical education or training

Processing of EVP Applications

The EVP Committee undertakes the following:

1. EVP certifies that:

- a certain professional field in the Philippines need qualified
specialists (this refers to the Exchange Visitors Skills List, a
directory of skills which indicate the skills that are short in
supply, and therefore very much needed in participating
countries of the EVP)
- the applicant for this specialization has filed a written
assurance with the Philippine Government that he will return
to the Philippines upon completion of training in the United
States

2. Certifies that the Philippine government has “no objection” to the

waiver of the two-year home residency requirement for EVP
participants after training

3. Conducts regular and structured seminar for departing EVP

participants to provide them with a background of the EVP, the rationale
for Philippine participation to the program, conditions and requirements
of the EVP, the two-year home residency requirement, as well as
pre-departure and post-departure concerns.
 133

The EVP Committee, through the Commission on Filipinos

Overseas, conducts pre-departure services for Filipinos issued
the J-1 visa by the US Embassy starting June 2000.

For more information, please contact:

Projects Management Office

Commission on Filipinos Overseas
Citigold Center, 1345 Quirino Ave. cor. South Superhighway
Manila, Philippines
Tel. Nos. (632) 561-8321 locals 605-608 / 561-8327
Fax No. (632) 561-8332
E-mail Address: [email protected]
Website: www.cfo.gov.ph

BALIK SCIENTIST PROGRAM

The Balik Scientist Program is a program of the Department of Science

and Technology (DOST) which allows foreign-based science and
technology experts who are of Filipino descent to return or reside in the
Philippines, and share their expertise in order to accelerate the scientific,
agro-industrial and economic development of the country.

Objective

The Balik Scientist Program aims to strengthen the scientific and

technological human resources of academic, public and private institutions
in order to accelerate the flow of technologies and stimulate the
development of new or strategically important technologies that are vital
to national development and progress.

Balik Scientist

A Balik Scientist is a science or technology expert, who is a Filipino

citizen or a foreigner of Filipino descent, residing abroad and contracted
by the government to return and work in the Philippines.
134

Types of Participants

The following are the types and qualifications of participants under

the Balik Scientist program:

Type of Duration Qualification/s

Participant

Short-Term at least (1) one month 1. Must be in good health,

Experts physically and mentally.

2. Must have a graduate degree and

must have practiced his/her
profession for not less than five
(5) years after obtaining an MS or
PhD degree, preferably in the
private sector, a reputable R & D
institution and/or in the academe.

3. Must have made an outstanding

contribution in his/her field of
specialization.

4. Must not be a recipient of any

grant (scholarship or fellowship
and other similar programs) that
requires him/her to come back to
the country. However, applicants
from the USA who hold exchange
visitor’s visa (J-1) shall be allowed
to participate in the program
provided that their training in the
USA was self-solicited and that
they have no outstanding
financial or service obligation
with any public or private
institution in the Philippines.

Long-Term at least two (2) years *same as short-term experts

Experts
 135

Type of Duration Qualification/s

Participant

New not less than three (3) 1. Must be in good health,

Graduates years physically and mentally.
of Doctoral
Degrees 2. Holder of PhD degree, no
experience required.

3. Field of study must be consistent

with the S & T priorities
promulgated by DOST.

4. Must not be a recipient of any

grant (scholarship or fellowship
and other similar programs) that
requires him/her to come back to
the Philippines. However,
applicants from the USA who hold
exchange visitor’s visa (J-1) shall
be allowed to participate in the
program provided that their
training in the USA was self-
solicited and that they have no
outstanding financial or service
obligation with any public or
private institution in the
Philippines.

Incentives

The following incentives shall be given to the awardees of the program:

1. Short-Term Experts

• Reimbursement of the peso equivalent of the cost of round

trip economy airfare originating from foreign country to the
Philippines. Computation shall be based on the currency rate
prevailing on the date when the airline ticket was purchased.
136

• Daily subsistence allowance (DSA) to be paid in Philippine

currency based on the prevailing rates of consultant’s fee of
the United Nations Development Program (UNDP)

• Exemption from payment of the travel tax for grantee

• Health insurance coverage

• Accident insurance coverage

• Lodging subsidy

• Transportation allowance

• Availment of the privilege granted under Section 105(g) of

the Tariff and Customs Code of the Philippines (TCCP) which
provides for the conditionally free importation of wearing
apparel, articles of personal adornment, toilet articles, portable
tools and instruments, theatrical costumes and similar effects
which are necessary and appropriate for the wear and use of
such persons but not for barter, sale or hire

• Financial support for research and development projects

approved by the DOST Secretary

2. Long-Term Experts and New Graduates

• For a grantee whose contract of award has been signed by

the DOST Secretary and duly notarized, roundtrip economy
air ticket shall be provided to the grantee; and whenever
applicable, his/her spouse and two direct minor dependents

• Exemption from payment of travel tax for grantee, spouse

and two direct minor dependents below 18 years of age

• Reimbursement of expenses for the surface shipment of a

car and personal effects
 137

• Assistance in securing a certificate of registration and

professional license or a temporary/special permit from the
Professional Regulatory Board and the Professional
Regulation Commission to practice profession, expertise or
skill in the Philippines

• Payment of the salary of a long-term expert/new graduate

shall be the responsibility of the requesting institution. In the
case of a DOST institution wishing to avail of the expertise of
balik scientists but is unable to do so due to unavailability of
an appropriate position, said DOST agency, in consultation
with the balik scientist, may propose a project within the
priorities of DOST where the salary of the balik scientist
could be charged. The balik scientist working in a DOST-
funded project shall receive a salary equivalent to salary grade
30. The performance of the balik scientist shall be evaluated
annually by the DOST.

• Housing allowance of P120,000 per year in the absence of a

provision for housing facility

• Health insurance coverage with premium not exceeding

P120,000 per illness

• Accident insurance coverage not exceeding P1 million

• Tuition fee assistance per school year for two direct minor
dependents not exceeding the following amounts:

- P15,000 per child in high school

- P5,000 per child in elementary

• Grants-in-aid for research projects approved by DOST

• Relocation allowance of forty thousand pesos (P40,000)

138

Application Procedures

Qualified applicants shall file the following requirements:

• Accomplished Balik Scientist Program Form No. 001, with 2 x 2

ID photo and detailed curriculum vitae

• Transcript of academic record, a photocopy of the diploma or

certificate attesting fulfillment of the required academic degree

• Latest medical certificate from licensed medical practitioner in

the country of present residence with six months validity prior to
engagement as balik scientist

• Statement of release whether temporary or permanent from place

of employment abroad

• Certificate of good moral character from last employer

• For short-term experts, schedule of activities and expected output

• For long-term experts and new graduates, a detailed statement

of research and/or development plans with “conforme” of the
receiving institution

• Copy of a valid certificate of registration and a valid professional

license or a temporary special permit and/or any foreign license,
etc., if applicable

• Copy of an alien employment permit from the Department of

Labor and Employment, if applicable

Guidelines for Selection

The Balik Scientist Evaluation Committee, appointed by the DOST

Secretary, shall evaluate the qualification of all applicants on the basis of
information submitted. It shall elect from among qualified candidates those
who shall be given priority using the following guidelines:
 139

1. Those whose expertise are consistent with the S & T priorities

promulgated by DOST

2. Those who are in the fields of basic sciences, engineering, and

information and communications technology and are actually
undertaking research and development (R & D) and proposing to
take up R & D projects with the Philippine counterparts on priority
programs/projects of the government and private sector and those
whose research plans have passed the evaluation of the concerned
S & T council of the DOST

3. Those who received a firm offer of acceptance from a locally-

based private firm, academic institution or government agency
engaged in priority R & D projects and S & T services

4. The activities of the identified receiving institution/cooperating

agency(ies) are relevant to the expertise or field of specialization
of the applicant

Further inquiries should be addressed to:

The Program Director, Balik-Scientist Program

Department of Science and Technology
Gen. Santos Avenue, Bicutan, Taguig, Metro Manila
Telefax No. (632) 837-2940
E-mail Address: [email protected]

PAG-IBIG OVERSEAS PROGRAM

The Pag-IBIG Overseas Program (POP) is a voluntary savings

program which aims to provide Filipino overseas contract workers,
immigrants and permanent residents abroad the opportunity to save for
their future and avail of a housing loan of as much as P2 million.

Requirements

The program is open to all Filipino overseas workers and Filipino

immigrants with valid working visas or employment contracts. To apply,
140

qualified Filipinos overseas must submit the following requirements:

1. Duly accomplished member’s data form (MDF)

2. Membership contribution payment on a monthly, quarterly, semi-
annual or annual basis depending on the choice of the member

Monthly Contribution Gross Monthly Income Housing Loan Ceiling

Rate 5 years 10 years

US$ 20.00 US$1,100 US$ 730 P1.0M

US$ 40.00 US$1,625 US$1,065 P1.5M
US$ 50.00 US$2,150 US$1,400 P2.0M

Benefits on Savings

Contributions under the Pag-IBIG program are guaranteed the

following benefits:

1. Fixed dividend earnings of 3% per annum for dollar savings and

7.5% per annum for peso savings

2. Tax free interest earnings

3. Savings guaranteed by the Philippine government

4. Portability, since savings will remain under the same name even
after a change of employer or country of domicile

The total savings under the program may be withdrawn at the end of
5 to 10 years depending on the option stated during the registration.
Withdrawal of contributions shall be in Philippine peso or U.S. dollar on
which currency the contributions were remitted.

Withdrawal of savings before maturity will be allowed in the following

cases:

1. Death
2. Total disability
 141

3. Insanity
4. Separation from service by reason of health as provided by law

Requirements for Housing Loan

To be able to avail of a housing loan, a member must:

1. Be an active member with at least 12 months membership

contribution
2. Be insurable and not more than 65 years old at loan maturity
3. Have the legal capacity to acquire and encumber real property in
the Philippines
4. Have no outstanding Pag-IBIG housing loan, either as a principal
borrower or as a co-borrower
5. Have no outstanding Pag-IBIG multi-purpose loan in arrears at
the time of loan application

Terms for Housing Loan

1. Interest rate

Interest Rate
Loan Amount
if paid on or before due if paid after
date due date
Up to P150,000 6% 8%
Over P150,000 – P225,000 9% 11%
Over P225,000 – P500,000 10% 12%
Over P500,000 to P2M 12% 14%

2. Loan Purposes

a. Construction or completion of a residential unit on a lot owned

by the member
b. Purchase of a lot and construction of residential unit thereon
c. Purchase of a residential house and a lot, townhouse, or
condominium unit
142

d. Purchase of a fully developed residential lot not exceeding

1,000 sq. meters
e. Major repairs, expansion or renovation of an existing residential
building, townhouse, or condominium
f. Refinancing of an existing mortgage loan with an institution
acceptable to HDMF which is current and updated for the
past 24 months

3. Loan Repayment Period

The loan term shall be based on the membership term chosen by

the member at the time of enrollment (5 years or 10 years). In no
instance, however, shall the loan term exceed the difference
between the borrower’s age and sixty-five (65).

Application forms may be forwarded to:

Pag-IBIG Fund Overseas Program

6/F Atrium of Makati Building
Makati Avenue, Makati City
Tel. Nos. (632) 811-4401/27; 811-4347; 811- 4272/73; 811-4146
Fax No. (632) 848-8207
E-mail Address: [email protected]

PHILIPPINE SEAFARERS’ ONE-STOP CENTER (PSOC)

The Philippine Seafarers’ One-Stop Processing Center (PSOC),

established on January 24, 2003, through Administrative Order 56, is a
facility where relevant government agencies engaged in the promotion of
the interest and well-being of Filipinos seafarers shall be physically
represented to provide integrated and essential services to Filipinos
overseas and efficiently respond to their needs.

It is envisioned to be a one-stop shop with appropriate mechanisms,

facilities, equipment, information technology, and qualified and skilled
personnel to enable and allow it to attend to the magnitude of Filipino
seafarers’ concerns and demands.
 143

Agencies Represented in the PSOC

The following agencies are designated to form the PSOC and their
respective functions include the processing and issuance of the following:

Agency Services

Department of Foreign Affairs (DFA) passport

Commission on Higher Education certification, authentication and
(CHED) verification of school credentials
Professional Regulation Commission issuance of marine deck and engineer
(PRC) officers’ license and certificates of
competency
National Telecommunications general operator’s certificates (GOC)
Commission (NTC)
Philippine Overseas Employment employment contracts and overseas
Administration (POEA) employment certificates (OEC)
Overseas Workers Welfare membership information, registration,
Administration (OWWA) and other similar services
Technical Education and Skills issuance of artist record book (ARB),
Development Authority (TESDA) issuance of certificate of competency
for ratings, issuance of application
forms for assessment of ratings
Maritime Industry Authority seafarers’ identity and record book
(MARINA)
National Bureau of Investigation (NBI) NBI clearance
Social Security System (SSS) membership information, registration,
and other similar services
Philippine Health Insurance membership information, registration
Corporation (PHILHEALTH) for membership and other similar
services
National Statistics Office (NSO) birth certificate
Home Development Mutual Fund membership information, registration,
(PAG-IBIG) and other similar services
Maritime Training Council-National assessment of skills of new entrant
Assessment Center (MTC-NAC) seafarers and processing and issuance
of certificates of proficiency under
Chapters V and VI of the 1978 STCW
Convention, as amended
144

For further information, you may contact PSOC at:

Philippine Overseas Employment Administration (POEA)

G/F, POEA Building,
Corner EDSA and Ortigas Avenue, Mandaluyong City
Tel. No. (632) 726-8962
Telefax No. (632) 721-9493
E-mail Address: [email protected]

Maritime Training Council (MTC)

Tel. Nos. (632) 727-5716 / 725-1323
Telefax No. (632) 725-1266
E-mail Address: [email protected]
Website: www.mtc.gov.ph

SOCIAL SECURITY AGREEMENTS OF THE PHILIPPINES

The Social Security System

The Social Security System administers the provision of social security

protection to workers and their beneficiaries in the private sector. It was
created by virtue of Republic Act 1161, as amended, or the Social Security
Act of 1954. R.A. 8282, which was signed into law on May 1, 1997,
further strengthened SSS by providing better benefit packages, expansion
of coverage, flexibility in investments, stiffer penalties for violation of law,
condonation of penalties of delinquent employers and the establishment of
a voluntary provident fund for members. The SSS vision is to develop and
promote a viable, universal, and equitable social security protection scheme
through world-class service.

Social Security Benefits

The SSS administers two programs namely:

1. The Social Security Program

2. The Employees Compensation (EC) Program
 145

The Social Security Program provides replacement income for workers

in times of disability, sickness, maternity and old age. It also provides
assistance for death and funeral expenses. The EC program provides
double compensation to the worker when the illness, death or accident
occurs during work-related activities. EC benefits are granted only to
members with employers other than themselves. Members may avail of
assistance in the form of salary, housing, house repair and improvement,
and calamity loans.

SSS Coverage

SSS coverage is either compulsory or voluntary. The following are

subject to SSS compulsory coverage:

1. Employee

a. Private employees, whether permanent, temporary or

provisional, who are not over 60 years old
b. Household helpers earning at least P1,000 a month
c. Filipino seafarers upon signing of the standard contract of
employment
d. Filipino employees of foreign governments, international
organizations, or their wholly-owned instrumentality based in
the Philippines, which entered into an administrative agreement
with SSS
e. Parent, spouse or child below 21 years of age, of the owner
of a single proprietorship business
f. Children below 15 years of age, with parental consent

2. Employers

a. Employers, or any person who uses the services of another

person in business, trade, industry or any undertaking
b. Foreign governments, international organizations or their
wholly owned instrumentalities such as embassies based in
the Philippines.
146

3. Self-Employed

Self-employed persons regardless of trade, business occupation,

with an income of at least P1,000 a month, and who are not over
60 years old. They include self-employed professionals; business
partners, single proprietors and board directors; actors, directors,
scriptwriters and news reporters who are not under any employer-
employee relationship; professional athletes, coaches, trainers and
jockeys; farmers and fisherfolks; and workers in the informal sector
such as cigarette vendors, watch-your-car boys, and hospitality
girls.

Voluntary Coverage

1. Members who are separated from employment or ceased to be

self-employed or overseas Filipino workers who would like to
continue paying contributions
2. Overseas workers in countries with bilateral agreements with the
Philippines
3. A Filipino recruited by a foreign-based employer for employment
abroad or one who legitimately entered a foreign country and is
eventually employed
4. Persons legally married to currently employed and actively paying
SSS members who devote their full time in the management of
their household and family affairs, and provided further that they
never have been members of SSS

Registration and Contribution Procedures

An OFW may register for membership or continue his/her contribution

by visiting the nearest SSS office prior to departure and filling out the
Overseas Worker Record Form (OW-1). New members need to submit a
photocopy of their birth certificate, baptismal certificate or passport.

SSS also offers OFWs and emigrants a voluntary provident fund known
as the SSS flexi-fund. Membership is open to the following Filipinos
overseas:
 147

1. Those who are recruited in the Philippines by a foreign-based

employer for employment abroad
2. Those who have a source of income in a foreign country
3. Those who are residing permanently in a foreign country

Filipinos overseas may contact any of the foreign branches of SSS to

file their application or submit applications via mail or e-mail addressed to
the Foreign Branch Expansion and Monitoring Department with address
below. An overseas Filipino can pay his contribution to the fund anytime,
provided that, at the time of payment the maximum required monthly
contribution is paid to the regular Social Security program. Any amount
paid in excess of the required maximum monthly contribution to the regular
Social Security program shall be applied to the fund. An overseas Filipino
may continue paying the contribution under this fund even after the
termination of his overseas employment, as long as he/she continues to
pay the required maximum contribution to the regular Social Security
program. Payments shall cease upon filing of a final claim under the regular
SSS program. The SSS Flexi-Fund’s benefits include retirement, death
and disability benefits, and early withdrawal of funds. The program is tax-
free and funds can be withdrawn as early as three years after
commencement, including interest.

The monthly contributions of Filipinos overseas will be based on the

monthly earnings declared at the time of registration computed in Philippine
currency. The SSS has a schedule of contributions from which the voluntary
members may choose their declared earnings and monthly contributions.
The contributions and loan amortization may be paid through any SSS
accredited banks.

Effectivity of Coverage

Compulsory coverage for an employee takes effect on the first day

of employment or as determined by the agreements between SSS and
his/her foreign employer i.e. foreign governments, international
organizations, embassies. For employers, compulsory coverage takes effect
on the first day of hiring of employees while for self-employed persons,
upon first payment of contribution.
148

In the case of voluntary coverage for an overseas Filipino, it takes

effect upon first payment of contribution in case of initial coverage. For a
non-working spouse, it takes effect upon payment of contribution, while
for a separated member, on the month he/she resumed payment of
contribution.

Social Security Agreements Signed by the Philippines with Other

Countries

The Philippines has entered into international social security agreements

that allow Filipinos overseas to maintain their social security rights. In
general, these agreements provide for the totalization of periods of
insurance, employment, or residence and of assimilated periods for the
purpose of the acquisition, maintenance or recovery of rights and
calculation of benefits. Thus, a person who did not complete the required
payment years in the Philippines may still receive benefits if his/her total
years of contribution in the Philippines and the contracting party will make
him/her eligible to receive benefits. Calculations will be based largely on
the agreement between the two parties. Fund transfers and mutual
administrative assistance are also enclosed in these agreements. Fund
transfers provide for the movement of benefits and cost in accordance
with the conditions and procedures agreed upon by both parties. The
contracting parties likewise provide administrative assistance in facilitating
the application for social security and claims free of charge. To date, the
Philippines has entered into social security agreements with eight countries
and one provincial territory: the United Kingdom, France, Austria, Spain,
the Netherlands, Canada, Switzerland, Belgium, and Quebec.

For more information, please contact:

Foreign Branch Expansion and Monitoring Department

Social Security System
3/F, SSS Building, East Avenue, Diliman, Quezon City
Tel. Nos. (632) 924-7814 / 924-7822 / 435-9878 / 435-9814
Fax No. (632) 435-9814
E-mail Address: [email protected]
Web address: www.sss.gov.ph
 149

or any SSS branch in the Philippines or the corresponding Social

Security agency in your host country.

MEDICARE

By virtue of the Executive Order No.182 as amended, the Medicare

Program formerly administered by the Overseas Workers Welfare
Administration (OWWA) is now being implemented through the Overseas
Workers Program of the Philippine Health Insurance Corporation
(PhilHealth). The program provides for mandatory health care which
includes medical assistance and hospitalization benefits for overseas
workers and their dependents.

Beneficiaries

Aside from OFWs, the following legal dependents are also covered
by the program:

1. Legitimate spouse who is not a PhilHealth member

2. Unmarried and unemployed, legitimate, legitimated, acknowledged

children as appearing in the birth certificate, legally adopted or
stepchildren below 21 years old

3. Children suffering from physical or mental congenital disability

or any disability acquired before 21 years old that renders them
totally dependent on the member for support

4. Parent/s who are 60 years old and above who are not enrolled
members of PhilHealth whose monthly income is not more than
P1,000 a month

Benefits

Members are entitled to the following benefits:

150

In-Patient

1. Maximum of 45 days of confinement in a given year for sickness

or injury requiring hospitalization. An additional 45 days of
hospitalization benefit is also available to be shared among the
member’s legal dependents within the year.

2. Part of the expenses for:

a. Hospital room and board

b. Medicines
c. X-ray and laboratory examinations
d. Operating room fees
e. Surgical family planning procedures
f. Professional fees (surgical, medical/dental, anesthesiologist)

Note: Effective January 01, 2000, medicare benefits for catastrophic

cases have been increased by 200% based on actuarial study and
evaluation made on the program.

Out-Patient

Medicare members and their dependents are entitled not only to free
consultations but also to P500.00 worth of medicines and/or routine
diagnostic procedure per family per year. This is undertaken through tie-
ups with accredited clinics/hospitals in the regions. Free check-ups are
also available to members on site where there are large concentration of
OFWs.

Medicare members are also entitled to reimbursement for

chemotherapy, radiotherapy, cataract extraction, hemodialysis and day
surgeries. PhilHealth also has packages for severe acute respiratory
syndrome (SARS), tuberculosis through the Directly Observed Treatment
Short-Course (TB-DOTS), maternity care and renal care services.

Procedures for Registration

The procedures to be able to register or get an exemption for Medicare

membership are as follows:
 151

1. Before departure, the OFW must accomplish the Member Data

Record for Individually Paying Members (M1b).

2. He/She should pay the premium of P900.00 for one (1) year
coverage upon registration. PhilHealth will issue a PhilHealth
certificate of eligibility (PCE) as proof of membership. The PCE
must be presented to accredited hospitals upon availment of
service.

For more information, you may visit the nearest PhilHealth regional/
service office or contact:

PhilHealth Office of the Vice President for Membership and

Contributions
18/F Citystate Centre, 709 Shaw Boulevard, Pasig City
Tel. Nos. (632) 637-2672 / 637-9999 locals 1823/1824

Overseas Workers Program (OWP) Office

Rm. 1104 Citystate Centre, 709 Shaw Boulevard, Pasig City
Tel. Nos. (632) 637-9999 locals 1122/1124

WELFARE SERVICES FOR OFWS

The Overseas Workers Welfare Administration (OWWA), an attached

agency of the Department of Labor and Employment (DOLE), is the
primary agency mandated to provide welfare assistance to registered
migrant workers and their dependents, and at the same time, ensure the
viability of the OWWA Fund.

OWWA offers a range of support services for OFWs that includes

economic assistance through the provision of livelihood programs and loan
packages; skills and career development program; insurance coverage
for OFWs; repatriation services; legal assistance; and migrant workers
evaluation and referral center.
152

LIVELIHOOD DEVELOPMENT PROGRAM FOR OFWs

(OWWA-NLSF LDPO)

The OWWA-NLSF LDPO is a joint undertaking of OWWA and

National Livelihood Support Fund (NLSF) which delivers the economic
component of the Comprehensive OFW Reintegration Program. It provides
entrepreneurial development services and credit facilities to OFWs, their
families and organizations.

Who May Apply

Applicants who are under any of the following categories:

1. Member-OFWs, former member-OFWs or immediate family

member

2. Immediate family member may be a spouse or a child who is at

least 21 years old of a married OFW; or parents or brother/sister
who is at least 21 years old of a single OFW

Possible Enterprises under the OWWA-NLSF LDPO

1. Trading (e.g. general merchandise, buy and sell, etc.)

2. Services (e.g. repair shops, restaurants, etc.)

3. Manufacturing (e.g. meat/fruit processing)

4. Agri-business (e.g. tilapia culture, piggery/poultry etc.)

Loan Package

1. Loan ceiling: P200,000 per individual borrower

P1,000,000 per group borrower (for a legally
organized group of at least 5 members)

2. Interest rate: 9% p.a.

3. Debt-equity ratio: 85:15

 153

4. Collateral requirement: 100% of loan amount

5. Loan usage: working capital, building construction/improvement

and acquisition of assets (except land)

Collateral Documents

1. Real estate mortgage (REM) – unmortgaged transfer certificate

of title (TCT) with no delinquent realty tax and with appraised
value of not less than the loanable amount

2. Land title
a. Photocopy of TCT
b. Tax declaration
c. Current realty estate tax receipt
d. Location plan with vicinity map

3. Ancestral land
a. Tax declaration
b. Certificate of non-delinquency

4. Chattel mortgage (CM) – motor vehicles/machines/equipments/

appliances
a. Certificate of registration of the motor vehicle
b. Insurance policy coverage
c. Official receipts

Basic Loan Requirements

1. Accomplished application form

2. Proof of OWWA contribution such as:

a. Passport with POEA stamp
b. OWWA identification card or E-card
c. POEA-attested employment contract
d. Information sheet from OWWA
e. Overseas employment certificate

3. Business plan
154

4. Financial statements in case of an existing business

5. Business permit (pre-release condition for start-up)

6. Collateral documents/ownership titles

For individual borrower:

a. Marital consent (for married OFW)

b. Authorization (for single OFW)
c. Documents to establish applicant’s relationship with OFW

For group loan:

a. SEC registration for corporations and partnerships or CDA

registration for cooperatives
b. Basic constitutive documents (articles of incorporation/by-laws)
c. Board/group resolution for the undertaking of the project/for
contracting loan
d. Audited financial statements for the last 3 years

For more information, you may visit the nearest OWWA regional office
or contact:

Livelihood Operations Division

Overseas Workers Welfare Administration - NCR
Rm. 202, OWWA Center, F.B. Harrison St.,
Cor. 7th St., Pasay City
Tel. Nos. (632) 834-0719 / 551-6650 / 891-7601 local 5204
Fax No. (632) 833-0187

OFW GROCERIA PROJECT

The “OFW Groceria Project” was launched by the Department of

Labor and Employment (DOLE), in coordination with the Overseas
Workers Welfare Administration (OWWA) to provide livelihood and self-
employment opportunities to Overseas Filipino Workers (OFWs) and their
families through the establishment 1,000 grocery stores nationwide.
 155

The project is an interest-free loan assistance package extended in

the form of merchandise goods worth fifty thousand pesos (P50,000.00)
per qualified OFW Family Circle (OFC) beneficiary nationwide.

A series of continuing skills training courses will be provided to enhance

the entrepreneurial and technical skills of the family circles in running and
managing their stores.

The Beneficiaries

The intended beneficiaries of the project are the following:

1. OFW Family Circles (OFCs) composed of OFW families organized

by the OWWA community development officers and family
welfare officers, NGOs, Philippine Comprehensive OFW
Reintegration (PhilCORE) members, church-based organizations,
OFW returnees and displaced OFWs; and
2. OFW federations, organizations, associations, and cooperatives.

Loan Details

Loan ceiling : P50,000.00 worth of goods per project

per qualified OFC beneficiary

Interest rate : 0% (interest free)

Loan usage : merchandise goods for retail or

wholesale to the community

Equity : OFC counterpart in the form of lot or

building, store construction or renovation
costs, pre-operation expenses, i.e.
registration fees, and other attendant
costs in the processing of the loan
application

Loan maturity : maximum of two (2) years

156

Payment : monthly (variable amount) to be

computed on percentage basis from the
net income, but not to exceed the loan
maturity period

The loan ceiling of P50,000 will serve as the maximum credit line.
The full amount may be availed of immediately in case of OFCs with
business plans requiring the maximum amount. For those OFCs that will
opt to start with a lower amount of inventory, availment of the credit line
may be effected more than once, but not to exceed the loan ceiling, and
payment of the total loans obtained will be within the loan maturity period
of two (2) years.

Criteria for Availment

1. Project site

• Must have a relatively big number of families/dependents of

OFWs; and
• Must have the presence of strong OFW organization and/or
OFCs in the area.

2. OFW organizations/family circles

• Must have legal personality (registered with SEC, CDA, DTI

or DOLE);
• Must have a minimum of fifteen (15) bona fide members;
• Must have members who are permanent residents of the
community;
• Must have a good reputation and relationship with the
community; and
• Must be willing to undergo training in entrepreneurship, project
management and leadership.

Documentary Requirements

1. Business plan (pro-forma, to be provided by OWWA)

 157

2. Application form

3. Proof of OWWA contribution of OFW relative

4. Registration with the DOLE and/or with any of the following:

• Securities and Exchange Commission (SEC)

• Cooperative Development Authority (CDA)
• Local government units/barangay micro-business enterprises

5. Any of the following organization/association documents:

• Articles of incorporation and by-laws for corporation

• Articles of cooperation and by-laws for cooperatives
• Constitution and by-laws for organizations/associations

6. Certification from organization members authorizing officers to

contract loan

7. Oath of undertaking

For inquiries, visit the nearest DOLE or OWWA regional office or

contact:

Reintegration Unit
Overseas Workers Welfare Administration
Rm. 202, OWWA Center, F.B. Harrison St.,
cor. 7th St., Pasay City
Tel. No. (632) 834-0719
Fax No. (632) 804-0640

OWWA EDUCATION AND TRAINING PROGRAM

OWWA likewise provides educational assistance and skills

development services for member-OFWs and their dependents subject to
158

a selection process, through the Skills-for-Employment Scholarship Program

(SESP), Education for Development Scholarship Program (EDSP), and
the Seafarers Upgrading Program (SUP).

These programs intend to assist in ensuring educational opportunities

for deserving member-OFWs or their dependents; enhance beneficiaries’
marketability and employability; and augment government efforts in
maintaining a highly qualified manpower pool in the country.

Skills-for-Employment Scholarship Program (SESP)

The SESP consists of 6-month operator or 1-year technician programs

under the technical/vocational education and training offered to landbased
or seabased OFW-members or their beneficiaries/dependents, in
coordination with TESDA. The scholars shall choose from the course
offerings based on the critical skills priorities of the region as determined
by TESDA, such as agriculture and fishery, tourism, maritime, land
transport, etc.

Education for Development Scholarship Program (EDSP)

The EDSP is a scholarship grant offered to qualified beneficiaries/

dependents of OWWA members who shall enroll in any 4-5 year
baccalaureate course. Tuition fees shall be paid directly to the school while
the remaining amount from the financial assistance shall be released to
the scholar upon submission of the grades for the semester.

Seafarers Upgrading Program (SUP)

The SUP is intended for qualified OWWA-member seafarers. It seeks

to provide job-related skills training in priority maritime courses identified
by Maritime Training Council (MTC) designed to upgrade knowledge and
skills, develop expertise and update skills in accordance with technological
advancements and international maritime standard.

Eligibility Requirements

To be eligible to any of the programs, the applicant must:

 159

1. Be a beneficiary/dependent of an OWWA member. Dependents

as used herein shall be limited to spouses and children of married
OFWs or siblings of unmarried OFWs. Dependents shall not be
more than 25 years of age.
2. Be a Filipino citizen
3. Be a high school graduate with general average of at least 80%

Availment Requirements

To avail of any of the programs, all OWWA members (landbased or

seabased) or their beneficiaries/dependents must:

1. Pass the qualifying examination required of the program

2. Have three (3) additional membership contributions for subsequent
availments (for SESP and SUP only)
3. Submit for competency assessment and certification administered
by TESDA or its accredited testing centers upon completion of
the course

Procedural Policies

1. Availments are by voucher system and scholarship must be availed

of on specific period indicated in the voucher
2. Availees are subject to regular evaluation and assessment
3. Scholarship grant is non-transferable
4. Outstanding graduates shall be recognized and awarded
accordingly

Documentary Requirements

1. Accomplished application form

2. Two (2) 1" x 1" ID pictures
3. Proof of relationship to OWWA member such as: copy of marriage
contract and/or birth certificate of both member and applicant-
dependent duly certified by the Local Civil Registrar (except for
SUP applicants)
4. Proof of OWWA membership such as overseas employment
certificate (OEC), official receipt of OWWA contribution,
160

seaman’s identification and record book (SIRB), e-card,

employment contract duly processed by the POEA or a
certification from OWWA Membership Registry Division

Additional Documentary Requirements

For SESP and EDSP

· Form 137/ HS report card or transcript of records

For EDSP
· Accomplished forms 2 to 6 (attached at application form)

For SUP
· Pre-qualification and admission report issued by the training center
· Latest residence certificate

Selection Criteria

All qualified applicants shall be selected and ranked according to their

performance in the qualifying examination for the scholarship.

The scholars shall be selected and recommended by the OWWA

Scholarship Committee. The approval of the Administrator is final and
unappealable.

Manpower Development Division

Overseas Workers Welfare Administration
OWWA Center, F.B. Harrison St. cor.
7th St., Pasay City
Tel. Nos. (632) 891-7601 to 24 / 832-1268
Fax No. (632) 833-0187
Website: www.owwa.gov.ph

WORKERS’ REPATRIATION

The Workers’ Repatriation program includes all processes and services

to effect the return of the OFW to his/her home and rehabilitation if
required. Repatriation may be directly provided by OWWA or in
 161

coordination/cooperation with network government agencies or private

organizations.

While the primary responsibility for the repatriation of workers lies

with the recruitment agency or the principal, OWWA undertakes
repatriation of workers in the following cases:

1. Emergency Repatriation

The OWWA, in coordination with DFA, and in appropriate

situations, with international agencies, shall undertake the
repatriation of workers in cases of war, epidemic, disasters or
calamities, natural or man-made, and other similar events without
prejudice to reimbursement by the responsible principal or agency
within sixty (60) days from notice.

2. Mandatory Repatriation of Underaged Migrant Workers

The responsible officer at the foreign service post shall immediately

cause the repatriation of underaged Filipino migrant workers. The
cost attendant to this activity shall be borne correspondingly by
the agency and/or principal, or the OWWA as the case may be.

3. Other Cases of Repatriation

In all cases where the principal or agency of the worker cannot

be identified, located or had ceased operations, and the worker is
in need and without means, the OWWA personnel at jobsite, in
coordination with the DFA, shall cause the repatriation. All costs
attendant to repatriation borne by the OWWA are chargeable to
the Emergency Repatriation Fund without prejudice to the OWWA
requiring the agency/employer or the worker to reimburse the
cost of repatriation, in appropriate cases.

On site, repatriation activities include locating workers, negotiations

with concerned parties for proper documentation, and coordination
with the Migrant Workers and Other Overseas Filipino Resource
Centers. Filipino communities are tapped for temporary shelter
162

and immediate medical services, counseling and to ensure that

workers board their flight to the Philippines.

On the other hand, the home office, through its regional branches,
undertakes similar processes to wit: securing plane tickets for the
OFW on site, coordination with the families, airport assistance
and their transport to the province, if necessary. Rehabilitation
services are also provided in the form of counseling and medical
follow-up for OFWs diagnosed with physical and mental illness.

LEGAL ASSISTANCE

The program includes the provision of counseling, documentation,

conciliation on site which is identified as one of the services at the Migrant
Workers and Other Overseas Filipinos Resource Centers. The same
services are also accorded to OFW returnees.

The provision of local legal assistance includes services that are

necessary in the dispensation of welfare services for the OFWs particularly
those who have pending concerns with their agencies and/or employers,
and other concerns which may involve the OFW’s families that would
necessitate legal action.

FAMILY WELFARE PROGRAMS

The program includes various assistance services for the OFWs and
their families such as counseling on family related problems and referral
to concerned unit of the agency for the specific requirement/need
requested.

OWWA has initiated a tie-up with two church-based groups, the

Episcopal Commission for the Pastoral Care for Migrant and Itinerant
People-Catholic Bishops Conference of the Philippines (ECMI-CBCP)
and the Religious of the Virgin Mary-Mother Ignacia National Social
Apostolate Center (RVM-MINSAC) for the development and execution
of family welfare programs and other related OWWA programs and
services.
 163

For more details on OWWA’s programs and services you may contact:

Publication and Information Division

Overseas Workers Welfare Administration
OWWA Center, F.B. Harrison St. cor.
7th St., Pasay City
Tel. Nos. (632) 891-7601 to 24
Fax No. (632) 833-0187
Website: www.owwa.gov.ph

RETIREMENT PROGRAM

The Philippine Retirement Authority (PRA) offers a retirement program

for former Filipinos and qualified foreigners who would like to spend their
retirement years in the Philippines.

Who May Participate

The following are eligible to apply under the Retirement Program of

the Philippine Retirement Authority (PRA):

1. Foreign nationals, except those classified as restricted by the

Department of Foreign Affairs, who are physically healthy, with
no derogatory record, and who are at least 35 years old

2. Filipinos who have acquired foreign citizenship and are holders of

foreign passports

Application Process

The procedure and requirements for application are as follows:

1. The applicant or his/her representative gets an application form

from PRA.

2. The applicant submits the required documents together with

processing and servicing fee of:
164

• US$1,500.00 for principal applicants

• US$300.00 for each dependent (spouse and children)

3. PRA evaluates the documents. If all documents are in order, the

same are forwarded to the Bureau of Immigration (BI).

4. BI reviews the application for special resident retiree’s visa

(SRRVisa).

5. If the application is approved, the order is issued by the BI and

the SRRVisa is stamped on the passport.

6. PRA administers the oath of affirmation to the new member, and

the latter signs the affirmation documents.

Deposit Requirements

All applicants must open a US dollar time deposit for a term of six (6)
months at any PRA short-listed bank. The amount of required deposits
are as follows:

Category of Citizen/s Amount of Deposit

1. Former/ Overseas Filipinos US$ 1,500.00

2. Foreign nationals 50 years old and above US$50,000.00
3. Foreign nationals 35 - 49 years old US$75,000.00

Benefits

Members of the Program can enjoy the following benefits:

1. Permanent non-immigrant status with multiple-entry privileges

through the SRRVisa

2. Exemption from customs duties and tax for the importation of

personal effects, appliances and household furniture worth
US$7,000.00

3. Exemption from exit clearance and re-entry permits

 165

4. Exemption from payment of travel tax, provided the retiree has

not stayed in the Philippines for more than one (1) year from date
of latest entry into the country

5. Conversion of the required time deposit to active investments,

including the purchase of condominium units and proprietary golf
membership shares

6. Conversion of foreign currency time deposit to Philippine Peso

deposit after the issuance of the SRRVisa (interest subject to
withholding tax)

7. Tax-free pension and annuities remitted to the Philippines

8. Guaranteed repatriation of requisite deposit, including invested

profits, capital gains and dividends accrued from investments upon
compliance with Bangko Sentral rules and regulations

9. Exemption from securing student’s visa or special study permit

for valid SRRVisa holders

Note: Effective January 1, 1998, interest income received by an

individual tax payer (except non-resident individuals) on foreign
currency deposit is subject to 7.5 % final withholding tax under R.A.
8424. Interest income on foreign currency deposit of PRA retirees
are paid in Philippine pesos.

Special Resident Retiree’s Visa (SRRVisa)

The special resident retiree’s visa (SRRVisa) entitles the holder to,
among other benefits, multiple-entry privileges with the right to permanent
residence in the Philippines. The SRRVisa is issued by the Bureau of
Immigration of the Republic of the Philippines upon recommendation of
the PRA, in connection with the PRA’s retirement program for foreigners
and former Filipinos.

For more information, please contact:

166

Philippine Retirement Authority

29/F Citibank Tower
8741 Paseo de Roxas, Makati City
Tel. Nos. (632) 848-1419 / 848-1412/20
Fax No. (632) 848-1411

INVESTING IN THE PHILIPPINES

As an ideal investment place, the Philippines promotes a climate of

free enterprise and liberal business laws, product competitiveness, highly-
skilled manpower pool and highly-evolved business infrastructures that
assures domestic and foreign companies a profitable return on investments.

Philippine business laws open more investment areas to 100% foreign

equity, offer income tax holidays and capital equipment incentives. Its
manpower pool is one of the best in the world, backed by highly-skilled
technical personnel and dynamic managers who communicate proficiently
and effectively in English. The country’s infrastructure, telecommunication
systems, export-processing zones and world-class industrial estates offer
investors with an attractive business habitat.

All these coupled by a comfortable place to live in, high-quality education,

modern hospitals and health care services, and world-class leisure facilities
make the country an ideal investment place for domestic and foreign
investors.

With the enactment of Republic Act 9225 or the Citizenship Retention

and Reacquisition Act of 2003, the government has paved the way for
greater participation among Filipinos overseas in the Philippine economy.
Now equipped with a law that grants former Filipino citizens a chance to
re-acquire their Filipino citizenship, overseas Filipinos can now enjoy the
benefits of dual citizenship. They can own unlimited real properties, have
the right to develop natural resources in the Philippines as well as invest in
a wide array of businesses which are normally restricted to Filipino nationals
such as the operation of rural banks, educational institutions and mass
media, among others.
 167

Investment and Business Guide for Overseas Filipinos

The Commission on Filipinos Overseas has developed a compendium

called the Investment and Business Guide for Overseas Filipinos – a
basic guidebook containing a broad spectrum of business and investment
options in the Philippines to encourage overseas Filipinos, particularly those
reacquiring Filipino citizenship who have accumulated considerable
investible savings to seriously look into the prospect of investing in the
country.

Each chapter of the compendium explores a different investment area.

The Commission has identified major investment areas that are highly
gaining ground in the Philippines such as the development of tourism and
leisure facilities, investing in franchise, as well as the establishment of
pre-schools and independent learning institutions. Also included are options
in highly competitive industries such as export and agribusiness, oil industry,
asset and property management, and the operation of banks and other
lending institutions among others.

Information to help assess the competitiveness of Philippine cities in

terms of their abilities in providing for an ideal business climate as well as
the industry focus of various Philippine provinces and regions are also
provided in the compendium to help businessmen and potential investors
who would opt to invest in areas outside Metro Manila or highly urbanized
cities.

Just as importantly, the compendium contains the fundamentals of

doing business in the country such as the basic requirements and standard
procedure for the establishment of a corporation, partnership or cooperative
and guides prospective investors in the application for licenses, registration,
and accreditation of specific business entities with appropriate agencies.

The compendium is published in a CD format.

For interested parties, please contact:

168

Commission on Filipinos Overseas

Citigold Center, 1345 Quirino Ave. cor. South Superhighway
Manila Philippines
Tel No. (632) 561-8321 locals 600-604
Fax No. (632) 561-8332
E-mail Address: [email protected]

THE CFO

The Commission on Filipinos Overseas is a Philippine government

agency under the Office of the President tasked to promote the interests
of Filipino emigrants and permanent residents abroad, as well as strengthen
ties with Filipino communities overseas. It was established in 1980 through
Batas Pambansa Blg. 79.

Previously an attached agency to the Department of Foreign Affairs,

the CFO was transferred to the Office of the President on 5 August 2004
by virtue of the Executive Order No. 343 to effectively oversee and
supervise the government’s effort to strengthen the rights and welfare of
Filipinos overseas.

Organizational Structure

The CFO is headed by a Chairman with cabinet rank, and

representatives of the following:

• Department of Foreign Affairs as Vice Chair

• Department of Trade and Industry
• Department of Labor and Employment
• Department of Education
• Department of Justice
• Department of Tourism
• Office of the Press Secretary
• CFO Executive Director

The Commission is supported by a Secretariat headed by an Executive

Director. The secretariat carries out the programs, projects and services
 169

to address the needs and interests of Filipinos overseas and is composed

of the following offices:

• Projects Management Office (PMO)

• Migrant Integration and Education Office (MIEO)
• Planning, Research and Policy Office (PRPO)
• Management Information System Office (MISO)
• Administrative and Finance Office (AFO)

The CFO, aside from its head office, is mandated to establish and
maintain local extension offices and overseas representative offices.

Clientele

The distinct clientele of CFO includes the following:

• Filipinos who are immigrants or permanent residents abroad;

• Filipinos overseas who have become citizens of other countries;
• Filipino spouses and other partners of foreign nationals leaving
the country;
• Descendants of Filipinos overseas as defined in B.P. 79;
• Filipino youth overseas; and
• Exchange Visitor Program participants.

CFO Programs

The functions of CFO have been translated into a framework consisting

of four (4) programme areas. Within these program areas are specific
CFO services and activities which are enumerated as follows:

1. Migrant Social and Economic Integration - Ensures that all Filipinos

migrating to other countries are adequately prepared to meet the
practical and psychological problems attendant to international
migration. Some of the projects under this programme area
include:

a. Pre-departure registration and orientation seminars for

Filipino emigrants
170

b. Peer counseling for Filipino youth migrants

c. Post-arrival services and assistance to Filipino nationals
in distress
d. Public information and community education programs
e. Referrals on overseas inquiries

2. Filipino Education and Heritage - Promotes Filipino education

programs overseas, as well as the continued exposure of younger
generations of overseas Filipinos to Philippine history, culture,
institutions and the Filipino language. Projects conducted in relation
to this programme area are:

a. Philippine schools overseas

b. Lakbay-Aral and Lakbayan sa Pilipinas programs
c. Teaching of the Filipino language to children of Filipino
migrants
d. Filipiniana libraries and resource centers
e. Increasing Filipino cultural visibility overseas
f. Internet-based courses on the Filipino language

3. Filipino Unity and National Development - Fosters better cohesion

and unity of purpose within and among various overseas Filipino
organizations for the promotion of their own interests and well-
being within a more formidable all-Filipino community. Projects
include the following:

a. Lingkod sa Kapwa Pilipino (LINKAPIL) or Link for

Philippine Development Program
b. Publication and distribution of “Filipino Ties” and other
information materials
c. Awards and recognition for overseas Filipinos
d. Exchange Visitor Program

4. Policy Development and Data Banking - Provides a continuing

study and review of the economic, social, legal, and administrative
environment which have bearing on the status of overseas
Filipinos. Activities in relation to policy development and data
banking are the following:
 171

a. Policy review and formulation

b. Advocacy and lobby efforts for full equity rights for Filipino
veterans, portability of U.S. Medicare benefits,
establishment of NCLEX testing centers in the Philippines,
and the return of the Balangiga Bells
c. Studies on absentee voting, retention of citizenship, anti-
trafficking in persons, recognition of skills and professional
competencies, promotion of Filipino culture, and business
and investment opportunities for overseas Filipinos
d. Annual stock estimation of Filipinos overseas
e. Conduct of conferences and symposia on migration
f. Data banking and computerization programs
 ACKNOWLEDGEMENT

The Commission on Filipinos Overseas would like to thank the following

agencies for their invaluable contributions in the preparation of the 7th
edition of the Handbook for Filipinos Overseas:

Bureau of Animal Industry

Bureau of Immigration

Bureau of Internal Revenue

Bureau of Plant Industry

Department of Finance

Department of Labor and Employment

Department of Science and Technology

Department of Social Welfare and Development

Department of Tourism

Department of Trade and Industry

Land Registration Authority

Maritime Training Council

Office of the Solicitor General

Overseas Workers Welfare Administration

Pag-IBIG Fund Overseas Program

Philippine Health Insurance Corporation

Philippine Retirement Authority

Social Security System