|
Sec 45. Any individual who –
- (a) When applying for an immigration document personates another individual, or falsely appears in the name of deceased individual, or evades the immigration law by appearing under an assumed name; or fictitious name; or
- (b) Issues or otherwise disposes of an immigration document to any person not authorized by law to receive such document; or
- (c) Obtains, accepts or uses any immigration document, knowing it to be false; or
- (d) Being an alien, enters the Philippines without inspection and admission by the immigration officials, or obtains entry into the Philippines by willful, false or misleading representation or willful concealment of a material fact; or
- (e) Being an alien, shall for any fraudulent purpose represent himself to be a Philippine citizen in order to evade any requirement of the immigration laws; or
- (f) In any immigration matter shall knowingly make under oath any false statement or representations; or
- (g) Being an alien, shall depart from the Philippines without first securing an immigration clearance certificates required by section twenty-two-A of this Act; or
- (h) Attempts or conspires with another to commit any of the foregoing acts, shall be guilty of an offense, and upon conviction thereof, shall be fined not more than one thousand pesos, and imprisoned for not more than two years and deported if he is an alien. [As amended by Republic Act No. 144, Sec. 6]
Sec 45-A. Persons duly served with subpoena or subpoena duces tecum and who fail to comply with the requirements thereof shall, after conviction, be imprisoned for not more than fifteen days or fined for not more than one hundred pesos, or both. [Added pursuant to Republic Act No. 503, Sec. 17]
Sec 46. Any individual who shall bring into or land in the Philippines or conceal, harbor, employ, or give comfort to any alien not duly admitted by any immigration officer or not lawfully entitled to enter or reside within the Philippines under the terms of the immigration laws, or attempt, conspires with, or aids another to commit any such act and any alien who enters the Philippines without inspection and admission by the immigration officials, or obtains entry into the Philippines by willful, false, or misleading representation or willful concealment of a material fact, shall be guilty of an offense, and upon conviction thereof, shall be fined not less than five thousand pesos but not more than ten thousand pesos, imprisoned for not less than five years but not more than ten years, and deported if he is an alien. Dismissal by the employer before or after apprehension does not relieve the employer of the offense.
If the individual who brings into or lands in the Philippines or conceals, harbors, employs, or give comfort to any alien not duly admitted by any immigration officer or not lawfully entitled to enter or reside herein, or who attempts, conspires with or aids another to commit any such act, is the pilot, master, agent, owner, consignee, or any person in charge of the vessel or aircraft which brought the alien into the Philippines from any place outside thereof, the fine imposed under the first paragraph thereof shall constitute a lien against the vessel or aircraft and may be enforced in the same manner as fines are collected and enforced against vessels under the customs laws: Provided, however, that if the court shall in its discretion consider forfeiture to be justified by the circumstances of the case, it shall order, in lieu of the fine imposed, the forfeiture of the vessel or aircraft in favor of the Government, without prejudice to the imposition of the penalty of imprisonment provided in the preceding paragraph. [As amended by Republic Act No. 5701]
Sec 46-A. The pilot, master, agent, owner, consignee, or any person in charge of a vessel or aircraft which carries passengers into the Philippines from abroad, is prohibited from allowing the passengers to disembark therefrom, unless all the passengers thereof have been checked up by the Commissioner of Immigration or his authorized representative. A violation of the provisions hereof shall, upon conviction be punishable by a fine of not more than one thousand pesos and by an imprisonment of not more than six months. If the offender is the owner of the vessel or aircraft the fine imposed herein shall be five thousand pesos. [Added pursuant to Republic Act No. 503, Sec. 16]
|