Philippine Immigration:  Excluded Classes

Philippine Scenes

There are some people that cannot enter the Philippines no matter where they are from.  These are people that fall into Excluded Classes.   As of 04/23/2009 these are the situations that will cause a person to be within an excluded class and thus barred from entering the Philippines.

Sec 29. (a) The following classes of aliens shall be excluded from entry into the Philippines

1. Idiots or insane persons and persons who have been insane;

2. Persons afflicted with a loathsome or dangerous and contagious disease, as epilepsy;

3. Persons who have been convicted of a crime involving moral turpitude;

4. Prostitute, or procurers, or persons coming for any immoral purpose;

5. Persons likely to become public charge;

6. Paupers, vagrants, and beggars;

7. Persons who practice polygamy or who believe in or advocate the practice of polygamy;

8. Persons who believe in or advocate the overthrow by force and violence of the Government of the Philippines, or of constituted law and authority or who disbelieve in or are opposed to organized government, or who advocate the assault or assassination of public officials because of their office, or who advocate or teach principles, theories, or ideas contrary to the Constitution of the Philippines or advocate or teach the unlawful destruction of property, or who are members of or affiliated with any organization entertaining or teaching such doctrines;

9. Persons over fifteen years of age, physically capable of reading, who cannot read printed matter in ordinary use in a language selected by the alien, but this provision shall not apply to the grandfather, grandmother, father, mother, wife, husband or child of a Philippine citizen or of an alien lawfully resident in the Philippines;

10. Persons who are members of a family accompanying an excluded alien, unless in the opinion of the Commissioner of Immigration no hardship would result from their admission;

11. Persons accompanying an excluded person who is helpless from mental or physical disability or infancy, when the protection or guardianship of such accompanying person or persons is required by the excluded person, as shall be determined by the Commissioner of Immigration, if otherwise admissible;

12. Children under fifteen years of age, unaccompanied by or not coming to a parent, except that any such children may be admitted in the discretion of the Commissioner of Immigration, if otherwise admissible;

13. Stowaways, except that any stowaway may be admitted in the discretion of the Commissioner of Immigration, if otherwise admissible;

14. Persons coming to perform unskilled manual labor in pursuance of a promise or offer of employment, express or implied, but this provision shall not apply to persons bearing passport visas authorized by section twenty of this Act; [As amended by Republic No. 503, Sec.10]

15. Persons who have been excluded or deported from the Philippines, but this provision may be waived in the discretion of the Commissioner of Immigration: Provided, however, That the Commissioner of Immigration shall not exercise his discretion in favor of aliens excluded or deported on the ground of conviction for any crime involving moral turpitude or for any crime penalized under sections forty-five and forty-six of this Act or on the ground of having engaged in hoarding, black-marketing or profiteering unless such aliens have previously resided in the Philippines immediately before his exclusion or deportation for a period of ten years or more or are married to a native Filipino woman; [As amended by Republic Act No. 503, Sec. 10]

16. Persons who have been removed from the Philippines at the expense of the Government of the Philippines, as indigent aliens, under the provisions of section forty-three of this Act, and who have not obtained the consent of the Board of Commissioners to apply for readmission; and

17. Persons not properly documented for admission as may be required under the provisions of this Act.

I did some research on this the term “moral turpitude” on the Philippine Bureau of Immigration Site…  I didn’t find the definition of the term but what I found had to do with sexual situations.  That included prostitution, rape (including grouping), and human trafficking.

As an American or Westerner, you may have concerns about such broad terms.  In the USA, it would be wise to have concerns about such a broad term.  The Philippines tends to be a much more reasonable place.  Generally you don’t find the same kind of creative prosecutorial actions here that you might in the USA.

It also appears the the commissioner of the Bureau of Immigration (BI) has wide discretion in granting a waiver should one fall into an excluded class.

(b) Notwithstanding the provisions of this section, the Commissioner of Immigration, in his discretion, may permit to enter any alien properly documented, who is subject to exclusion under this section, but who is –

  1. An alien lawfully resident in the Philippines who is returning from a temporary visit abroad;
  2. An alien applying for temporary admission;

Source: Bureau Of Immigration

As a reminder, I’m not a lawyer.  I’m your average joe giving opinion.  Before making life changing decisions  you may wish to consult with a lawyer or travel professional.