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MEMORANDUM ORDER No. ADD -2001-005

MEMORANDUM ORDER No.  ADD -01-005

Categories for Exclusion of Aliens

Immigration officers at all ports of entry shall be guided by the following categories in the exclusion of aliens under Commonwealth Act (C.A.) No. 613, section 29, as amended:

1.    Disabled persons - This includes idiots, senile and demented persons, insane persons, or persons with loathsome, dangerous or contagious diseases, including unaccompanied mental retardates and unaccompanied infants and minor;

       2.    Criminal/Felons – This includes persons, who have been convicted of crimes involving moral turpitude;

       3.    Vagrants – This includes paupers, beggars, public charges, prostitutes, pimps and other persons who come to the Philippines for an immoral purpose;

       4.    Indigents – This refers to persons, who fallen into financial distress after admission into the Philippines;

       5.    Unskilled manual laborers – This refers to those who come to the Philippines for a promise or offer to perform unskilled manual labor, except one who come to the Philippines under sections 9(g) and 20 of C.A. No. 613, as amended;

       6.    Undocumented aliens – This category includes those who were able to surreptitiously gain illegal entry into the Philippines without the corresponding immigration documents. Stowaways are also within this category;

       7.    Security risks – These are foreigners, who are opposed to the duly- constituted authorities of government, its officials and representatives;

       8.    Incompetents – These are foreigners, who though capable of reading, cannot read printed matter. This would also include those who are incapable of reading or writing, e.g., illiterates;

       9.    Polygamists – Those who believe in and actually have more than one spouse at one time; and

      10.  Blacklisted persons – These refer to those who have been previously excluded or deported from the Philippines, and the members of their family accompanying an excluded alien.[1]

In addition to the preceding categories, an alien may also be excluded from entry by immigration officers, in the interest of public safety, on the following grounds:

       1.    For unruly behavior or discourtesy to immigration officials;

2.    For being disrespectful to or making offensive utterances to symbols of Philippine authority;

 

       [1]Taken from Ledesma, An Outline of Philippine Immigration and Citizenship Laws. 1999 edition. Pp 172- 73

 

      3.    For active or known membership in internationally known criminal syndicates;[2]

      4.    For being declared persona non grata by competent authorities;

      5.    For unjustified refusal to submit to primary or secondary inspection by immigration officers or the board of special inquiry, respectively;

     6.    For being persons who have been convicted by final judgment for genocide and other crimes against humanity;

     7.    For being persons whose presence have been determined by the President of the Philippines as inimical to the national interest; and

     8.    Undesirability under C.A. No. 613, sections 37, 45 or 46, as amended.[3]

All requests for waiver of exclusion shall be writing and resolved by the Commissioner of Immigration in accordance with the provisions of C.A. No. 613, section 29, as amended.

            This Order shall take effect immediately.

                          (Sgd)ANDREA D. DOMINGO

                                     Commissioner


          [2]  This includes, but need not to be limited to, terrorist groups, parliamentary organizations, mercenaries, economic saboteurs, and the like.

          [3]  Ledesma, supra.