BIR Administrative Procedures Governing Implementation of R.A. No. 7919 (Alien Social Integration Act of 1995)

July 5, 1995

REVENUE MEMORANDUM CIRCULAR NO. 26-95

For the information and guidance of all concerned, quoted hereunder is the full text of Republic Act No. 7919.

"REPUBLIC ACT NO. 7919

"AN ACT GRANTING LEGAL RESIDENCE STATUS TO CERTAIN ALIENS THROUGH A SOCIAL INTEGRATION PROGRAM IN THE PHILIPPINES UNDER CERTAIN CONDITIONS.

"SEC. 1. Title. — This Act shall be known as 'The Alien Social Integration Act of 1995.'

"SEC. 2. Declaration of Policy. — The state shall control and regulate the admission and integration of aliens into its territory and body politic. Towards this end, aliens with unlawful residence status shall be integrated into the mainstream of Philippine society subject to national security and interest, and in deference to internationally recognized human rights.

"SEC. 3. Coverage. — Upon effectivity of this Act, all aliens whose stay in the Philippines is otherwise illegal under existing laws, and who have entered the country prior to June 30, 1992, including those who availed in good faith of the benefits of Executive Order No. 324 whose applications have been approved before or after November 21, 1988, are hereby granted legal residence status upon compliance with the provisions of this Act, and shall not be prosecuted for crimes defined under Commonwealth Act No. 613, otherwise known as the Immigration Act of 1940, which are inherent to illegal residence such as the absence of valid travel documents or visa: Provided, That in no case shall alien refugees in the Philippines be qualified to apply under this Act.

"The bar to prosecution shall apply only to such crimes or felonies committed due to acts necessary or essential to maintain a false or fraudulent or illegal residence, such as falsification of marriage, birth or baptismal certificates or travel documents, visas or alien certificates of registration.

"SEC. 4. Integration Requirements and Fees. — The social integration of aliens established under Section 3 shall be effective and its benefits enjoyed by illegal residents upon completion of all the following acts:

"4.1. Filing of registration forms with the following agencies: (1) the Civil Registrar of his place of residence; (2) the Bureau of Internal Revenue (BIR); (3) the Bureau of Immigration; (4) the National Bureau of Investigation (NBI); and (5) the commercial or universal bank to which the alien pays the integration fee as hereafter provided.

"In lieu thereof, the filing of registration forms may be done in five (5) sets with a commercial or universal bank certified by the BIR as authorized collectors for income tax.

"4.2. The registration forms shall contain the applicant's full name and one alias by which he may be known; proof of his identity, good moral character and financial capacity through affidavits from two (2) Filipino citizens of good reputations in his/her place of residence; history of stay in the Philippines, residential address for the immediate past five (5) years; four (4) passport size pictures and a complete fingerprints card for each of the agencies mentioned in 4.1, including his/her most recent dental records which shall be submitted to the NBI.

"4.3. Payments of the integration fees to any duly licensed commercial or universal bank accredited by the BIR as authorized to retrieve income tax payments in the following amounts;

"4.3.1. One hundred thousand pesos (P100,000) upon filing of the registration forms with the bank plus Fifty thousand pesos (P50,000) per year over a three year period from the payment of the first installment. The subsequent three (3) installment payments should be paid within twelve (12) months from the date of the first payment by those who availed of the benefits of Executive Order No. 324 whose applications were approved before or after November 20, 1988 shall be credited to their favor.

"In lieu of the above installment payments, the applicant may immediately pay Two hundred thousand pesos (P200,000).

"4.3.2. A single payment of Fifty thousand pesos (P50,000) for the spouse and Twenty-five thousand pesos (P25,000) for eight legitimate child below eighteen (18) years of age.

"4.3.3. Children born after June 30, 1992 of parents who received the benefits of this Act shall upon proper registration with the Bureau of Immigration become legal residents.

"4.4. Submission of a medical certificate stating that the applicant is not a user of prohibited drugs or otherwise a drug addict and that he is not affiliated with Acquired Immune Deficiency Syndrome (AIDS).

"SEC. 5. Official Receipt. — The commercial or universal bank shall issue an official receipt acknowledging receipt of the integration fee, upon payment by the applicant of a processing fee of One thousand pesos (P1,000). In the event registration was effected under paragraph 2 of subsection 4.1, the bank shall furnish copies of the registration documents to the following agencies: (1) the civil register of the applicant's place of residence; (2) the BIR; and (3) the NBI. Thereafter, the bank shall issue a certification to this effect in favor of the applicant.

"SEC. 6. Duties of the Bureau of Immigration. — Upon presentation by the applicant of the official receipt from the bank, together with a certification from the bank or the agency concerned, as the case may be, that the Civil Registrar, BIR and NBI received copies of the registration forms defined in Section 4.2 hereof, the Bureau of Immigration shall immediately issue an Alien Certificate of Registration (ACR) to the applicant. The legal residence granted under this Act shall commence from the date the Bureau of Immigration issues the ACR.

"The Bureau of Immigration shall publish, at the applicant's cost, the names, ages, addresses, and a photograph of each of the applicants in a national newspaper of general circulation at the end of each calendar month during the effectivity of the application period, as hereinafter provided in Section 8. The banks authorized under this Act to collect the fees herein required shall collect a publication fee of Five thousand pesos (P5,000) from the applicant.

"SEC. 7. Ministerial Duty of the Civil Registrar, the BIR and the NBI. — The Civil Registrar, the BIR and the NBI shall have the ministerial duty to accept the registration forms required under Section 4. Each of these agencies may charge no more than One hundred pesos (P100.00) for the filing of the registration forms. Upon payment of the filing fee, the agency concerned shall issue a certification that the alien has filed with said office by himself/herself or through the bank, all the forms required under Section 4.

"SEC. 8. Application Period. — The benefits extended by Section 3 can be availed of from June 1, 1995 to December 31, 1996.

"SEC. 9. Administrative Confirmation. — The procedure herein provided may be availed of by any alien who may want a confirmation or affirmation of his stay in the Philippines.

"SEC. 10. Eligibility for Citizenship. — Aliens granted legal residence under this Act shall be eligible to apply for naturalization after five (5) years from the approval of his/her application.

"SEC. 11. Compliance Report and Oversight Functions. — The Bureau of Immigration shall submit to the chair of the committees on justice of each chamber of Congress, copy furnished the Senate President and the Speaker of the House of Representatives, a written report on the developments in the implementation of this Act on November 30, 1995, May 31, 1996, November 30, 1996, and May 31, 1997 for purposes of oversight functions.

"SEC. 12. Perjury. — The registration forms, together with the proof required therein, shall be supported by affidavits of two (2) Filipino citizens of good reputation in the applicant's place of residence.

"All applications shall be under oath or affirmation, which oath or affirmation shall be required for their registration. Applicants who violate their oath or affirmation by knowingly making untruthful statements on any material matter in their applications shall be liable for perjury under the Revised Penal Code.

"In addition to the penalty imposed on perjury, the subsequent conviction of the applicant shall revoke the legal residence granted him/her and shall subject the applicant to deportation proceedings.

"SEC. 13. Appropriation. — There is hereby appropriated, out of the payments received under Section 4 hereof, an amount of Five million pesos (P5,000,000) to cover administrative and other expenses to be incurred in the implementation to this Act.

"SEC. 14. Privacy Clause. — Information submitted by an alien applicant pursuant to this Act, shall be used only for the purpose of determining the veracity of the factual statements by the applicant or for enforcing the penalties prescribed by this Act.

"SEC. 15. Rule-making Powers. — The provisions of this Act are self-executory and shall not be dependent on the issuance of any rules or regulations. The Secretary of Justice is hereby authorized, however, to promulgate only such rules and regulations as may be needed to efficiently and administratively implement the provisions of this Act.

"SEC. 16. Separability Clause. — If any provision of this Act is declared invalid or unconstitutional, the provisions not affected thereby shall continue to be in full force and effect.

"SEC. 17. Repealing Clause. — All laws, decrees or rules inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

"SEC. 18. Effectivity Clause. — This Act shall take effect fifteen (15) days after the completion of its publication in at least two (2) national newspapers of general circulation.

"Approved.

(Sgd.)	(Sgd.)
EDUARDO J. ANGARA	JOSE DE VENECIA, JR.
President of the Senate	Speaker of the House
	of Representatives

"This Act which originated in the House of Representatives was finally passed by the House of Representatives and the Senate on February 21, 1995.

(Sgd.)	(Sgd.)
EDUARDO E. TUMANGAN	CAMILIO L. SABIO
Secretary of the Senate	Secretary General
	House of Representatives

Approved: February 24, 1995

(Sgd.)FIDEL V. RAMOSPresident of the Philippines"

 

SALIENT FEATURES:

Pursuant to Section 7 of Republic Act No. 7919, otherwise known as "The Alien Social Integration Act of 1995", and the Rules and Regulations Implementing the said Act promulgated by the Department of Justice, the following administrative procedures, insofar as the BIR is concerned, are hereby further promulgated to ensure the efficient implementation of the provisions of the said Act:

1. The BIR, through the Revenue District Office where the alien who is applying for legal residence status or confirmation/affirmation of his stay under the said Act is residing, the Civil Registrar and the NBI, shall have the ministerial duty to do the following:

(a) Accept the registration forms to be filed by the applicant, with the following informations:

(i) The applicant's full name and one alias by which he may be known;

(ii) Proof of his identity, such as, passport or other travel document of the applicant, national or state identification card from his country of origin, or similar documents to establish his identity, together with the marriage certificate or similar document, in the case of the spouse, and the birth certificate, baptismal certificate or other evidence of birth, in the case of a dependent;

(iii) Affidavits (under oath or affirmation) of two (2) Filipino citizens of good reputation in the place of residence of the applicant attesting to the latter's good moral character;

(iv) Proof of financial capacity, such as, income tax returns for the immediately preceding taxable year, wage records, bank statements or evidence of other assets, affidavit of support completed by a responsible person in the Philippines, or other evidence to establish that the applicant's is not likely to become a public charge;

(v) History of stay in the Philippines;

(vi) Residential address for the immediate past five (5) years;

(vii) Passport size picture; and

(viii) Complete fingerprint card.

b. Receive the payment of One hundred pesos (P100) filing fee in the form of money order or cashier's check for the filing of the registration forms; and

c. Issue a certification that the alien has filed by himself/herself or through the bank, all the forms as above-stated, upon receipt of the filing fee.

2. In the event that registration was already effected, the BIR shall be furnished copies of the registration documents filed with a commercial or universal bank certified by the BIR as an authorized collector for income tax, which has the duty to issue an official receipt acknowledging receipt of the integration fee in the amount of One Hundred thousand pesos (P100,000) upon filing of the registration forms. The said bank is likewise authorized to receive the subsequent three installment payments of Fifty Thousand Pesos (P50,000) per year over a three-year period from the payment of the first installment.

3. The benefits extended to aliens who have signified their intention to be part of Philippine society consistent with national security and interest and in recognition of their human rights under the provisions of RA No. 7919 can only be availed of from June 1, 1995 to December 31, 1996.

It is desired that this Circular be given as wide a publicity as possible.

(SGD.) LIWAYWAY VINZONS-CHATOCommissioner of Internal Revenue