Philippine Immigration Act of 1940
DEPORTATION OF ALIENS
Section 37.
(A) The following aliens shall be arrested upon the warrant of the Commissioner
of Immigration or of any other officer designated by him for the purpose and
deported upon the warrant of the Commissioner of Immigration after a
determination by the Board of Commissioners of the existence of the ground for
deportation as charged against the alien:
1. Any alien who enters the
Philippines after the effective date of this Act by means of false and
misleading statements or without inspection and admission by the immigration
authorities at a designated port of entry or at any place other than at a
designated port of entry;
2. Any alien who enters the
Philippines after the effective date of this Act, who was not lawfully
admissible at the time of entry;
3. Any alien who, after the
effective date of this Act, is convicted in the Philippines and sentenced for a
term of one year or more for a crime involving moral turpitude committed within
five years after his entry to the Philippines, or who, at any time after such
entry, is so convicted and sentenced more than once;
4. Any alien who is convicted and
sentenced for a violation of the law governing prohibited drugs;
5. Any alien who practices
prostitution or is an inmate of a house of prostitution or is connected with the
management of a house of prostitution, or is a procurer;
6. Any alien who becomes a public
charge within five years after entry from causes not affirmatively shown to have
arisen subsequent to entry;
7. Any alien who remains in the
Philippines in violation of any limitation or condition under which he was
admitted as a nonimmigrant;
8. Any alien who believes in,
advises, advocates or teaches the overthrow by force and violence of the
Government of the Philippines, or of constituted law and authority, or who
disbelieves in or is opposed to organized government or who advises, advocates,
or teaches the assault or assassination of public officials because of their
office, or who advises, advocates, or teaches the unlawful destruction of
property, or who is a member of or affiliated with any organization
entertaining, advocating or teaching such doctrines, or who in any manner
whatsoever lends assistance, financial or otherwise, to the dissemination of
such doctrines;
9. Any alien who commits any of the
acts described in sections forty-five and forty-six of this Act, independent of
criminal action which may be brought against him: Provided, That in the case of
an alien who, for any reason, is convicted and sentenced to suffer both
imprisonment and deportation, said alien shall first serve the entire period of
his imprisonment before he is actually deported: Provided however, That the
imprisonment may be waived by the Commissioner of Immigration with the consent
of the Department Head, and upon payment by the alien concerned of such amount
as the Commissioner may fix and approved by the Department Head;
10. Any alien who, at any time
within five years after entry, shall have been convicted of violating the
provisions of the Philippine Commonwealth Act Numbered Six Hundred and
Fifty-Three, otherwise known as the Philippine Alien Registration Act of 1941,
or who, at any time after entry, shall have been convicted more than once of
violating the provisions of the same Act;
11. Any alien who engages in
profiteering, hoarding, or black-marketing, independent of any criminal action
which may be brought against him;
12. Any alien who is convicted of
any offense penalized under Commonwealth Act Numbered Four hundred and
seventy-three, otherwise known as the Revised Naturalization Laws of the
Philippines, or any law relating to acquisition of Philippine citizenship;
13. Any alien who defrauds his
creditor by absconding or alienating properties to prevent them from being
attached or executed;
(B) Deportation may be effected
under clauses 2, 7, 8, 11 and 12 of paragraph (a) of this Section at any time
after entry, but shall not be effected under any other clause unless the arrest
in the deportation proceedings is made within five years after the cause for
deportation arises. Deportation under clauses 3 and 4 shall not be effected if
the court, or judge thereof, when sentencing the alien, shall recommend to the
Commissioner of Immigration that the alien be not deported.
(C) No alien shall be deported
without being informed of the specific grounds for deportation nor without being
given a hearing under rules of procedure to be prescribed by the Commissioner of
Immigration.
(D) In any deportation proceeding
involving the entry of an alien the burden of proof shall be upon the alien to
show that he entered the Philippines lawfully, and the time, place, and manner
of such entry, and for this purpose he shall be entitled to a statement of the
facts in connection with his arrival as shown by any record in the custody of
the Bureau of Immigration.
(E) Any alien under arrest in a
deportation proceeding may be released under bond or under such other conditions
as may be imposed by the Commissioner of Immigration.
Section 38.
An alien ordered deported shall, at
the option of the Commissioner of Immigration, be removed to the country whence
he came, or to the foreign port at which he embarked for the Philippines, or to
the country of his nativity or of which he is a citizen or subject, or to the
country in which he resided prior to coming to the Philippines.
Section 39.
If deportation proceedings are
instituted within five years after entry, unless deportation is made by reason
of causes which arose subsequent to the alien's entry, the cost of deportation
from the port of deportation shall be at the expense of the owner or owners of
the vessel by which the alien came; if that is not practicable, in such case and
in all other cases, the cost of deportation shall be payable from the
appropriations available for the purpose.
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Guzman Taņedo
& Acain Law Offices