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      1. What are the grounds for exclusion of foreign nationals arriving in the Philippines?

The grounds for exclusion are those provided under Section 29 (a) and (b) of the Philippine Immigration Act of 1940 (PIA). The common grounds for exclusion are persons likely to become a public charge, persons who have been convicted of a crime involving moral turpitude and persons not properly documented as required by the said law.

 

      1. What is the legal basis for the immigration officers to exercise this power?

 

Section 6 of the Philippine Immigration Act of 1940 (PIA) states that Immigration Officers are authorized, among others, to exclude any alien not properly documented as required by the said Act.

 

      1. What is deferred departure?

 

Deferred departure is the effect when a certain traveler is disallowed to depart for various reasons as determined by immigration personnel in the ports of exit.

 

      1. Is the power to defer departure a curtailment of the Filipino guaranteed constitutional right to travel?

The right to travel of a Filipino is not absolute. Section 6, Article III of the 1987 Constitution guarantees the right to travel of every citizen, however, it may only be impaired for the interest of national security, public safety or public health, as may be provided by law.

 

      1. What is the basis of the exercise of power to defer departure?

The BI is mandated to administer and enforces the immigration, citizenship and alien registration laws of the Philippines. It also plays a role in the enforcement of R.A. 10364 also known as the Expanded Anti-Trafficking in Persons Act of 2012. The BI shall adopt measures for the apprehension of suspected traffickers both at the place of arrival and departure

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