Amending Paragraph 2, Section 9, of the Philippine Immigration Act of 1940

March 20, 1974

PRESIDENTIAL DECREE NO. 419

AMENDING PARAGRAPH 2, SECTION 9, OF THE PHILIPPINE IMMIGRATION ACT OF 1940, AS AMENDED

WHEREAS, under Paragraph 2, Section 9, of the present Immigration Act, an alien who is admitted as non-immigrant cannot remain in the Philippines without first leaving or departing voluntarily to some foreign country and procure from the appropriate Philippine Consul and proper visa and thereafter, undergo examination by Immigration Officers of the Commission on Immigration and Deportation at the Philippine port of entry for the determination of his admissibility;

WHEREAS, the present trend of immigration practice throughout the world specially in the United States has changed by broadening the outlook and consideration of immigration cases so as to allow, instead of not to allow, change of status procedures and adjust the status of non-immigrants without the necessity of their departing for abroad for the purpose of admission as permanent residents;

WHEREAS, such adjustment of status may be allowed provided:

(a) Subjects are properly documented at the time of entry;

(b) Makes proper application for adjustment;

(c) Are qualified for admission as immigrants and are admissible as such; and

(d) That corresponding immigrant quota numbers are immediately available to such applicants at the time the application is approved;

WHEREAS, the present shortage of gasoline would make it difficult for the applicants to go abroad to comply with the requirements of existing law;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby decree and order that aliens who are now in the Philippines as non-immigrants and whose applications for immigrant visas are approved by the Immigration Commissioner shall henceforth be allowed to acquire permanent residence, without the necessity of their visas; Provided, That the National Intelligence Security Authority of the Armed Forces of the Philippines and the Commissioner of Immigration and Deportation shall, after thorough screening, find them qualified for permanent residence and entitled to the benefits of this Decree.

Any provision of law, rule or regulation to the contrary, is hereby amended, repealed and/or modified accordingly. cdt

This Decree shall take effect immediately.

DONE in the City of Manila, this 20th day of March, in the year of Our Lord, Nineteen Hundred and Seventy-Four.