Guidelines for Implementation of P.D. No. 298 Re: Lifting Suspension of Chinese Immigration Quotas

September 19, 1973

LETTER OF INSTRUCTIONS NO. 130

GUIDELINES FOR THE IMPLEMENTATION OF PRESIDENTIAL DECREE NO. 298

A. Period for Submission —

All applications must be filed within three (3) months after the date of effectivity of the Decree.

B. Persons Qualified —

1. Chinese nationals who entered the Philippines legally from January 1, 1947 to December 31, 1953, as non-immigrants under the Philippine Immigration Act of 1940, as amended, whose only violation of immigration law is overstaying;

2. Chinese nationals who entered the Philippines from January 1, 1947 to December 31, 1953, as non-immigrants classified as above who have been able to change the category of their admission to special non-immigrants under Section 47 of the Act; and cdt

3. Children of Nos. 1 and 2 above who were born in the Philippines who are likewise non-immigrants.

C. Procedure —

1. Each applicant must file individual applications in triplicate with the following enclosures:

a) Valid Chinese Nationalist Passport with valid entry visa to Taiwan;

b) Police Clearance. (Not required for children under 14 years of age.)

c) Evidence of financial support.

d) Medical certificate to the effect that he is not suffering from any of the diseases mentioned in Section 29 of the Philippine Immigration Act of 1940, as amended, issued by government physicians designated by the Commissioner of Immigration and Deportation.

e) Photostatic copies of —

1. Cash and surety bonds undertaking in appropriate cases;

2. Certificate of payment of service fees in appropriate cases;

3. Alien Registration Certificates; and

4. Certificate of Residence as non-immigrant.

f) Official receipt showing payment of the application fee of P10.00.

2. The applicants should hold themselves readily available for interview by the Commissioner of Immigration and Deportation or his representative;

3. The application and enclosures shall be received and chronologically numbered by the Records Section, as much as possible, numbering consecutively applications of members of the same family;

4. The Records Section shall forward the application and enclosures to the Nonimmigrant Control Section.

5. The nonimmigrant Control Section shall attach the application and enclosure to previous records on file and forward all documents to the Intelligence Division;

6. The Intelligence Division after derogatory check shall forward the record to the Commissioner of Immigration and Deportation;

7. The Commissioner of Immigration and Deportation shall determine who among the applicants may be entitled to reside in the Philippines as quota immigrants, either preference or non-preference, allotting quota numbers chargeable to the unused quota for the years 1949 and the years thereafter;

8. The Commissioner of Immigration and Deportation shall issue upon payment of corresponding statutory fees, to the applicants eligible for readmission, certificates or letters addressed to the proper Philippine Consular officials abroad, to the effect that quota immigration visas may be issued to said applicants;

9. Within the period of three (3) months after the approval of the application, the applicant shall leave the country or he may be again required to establish his entitlement to the benefits of the Decree; cdt

10. Within the period of three (3) months the unsuccessful applicants shall leave the Philippines voluntarily or they shall be apprehended and deported; and

11. All Chinese nationals who are qualified to submit their applications under the decree but who fail to do so within the period allowed for submission shall be permitted to leave the country voluntarily; or shall be apprehended and deported.

DONE in the city of Manila, this 19th day of September, in the year of Our Lord, Nineteen Hundred and Seventy-Three.