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WHEREAS, the Bureau of Immigration is mandated to administer and enforce all immigration, citizenship, and alien admission and registration laws in accordance with the provisions of Commonwealth Act (C.A.) No. 613, as amended, otherwise known as the Philippine Immigration Act of 1940, as amended;

WHEREAS, there is a compelling State interest to identify, document and monitor foreign nationals whose authorized stay in the Philippines exceeds fifty-nine (59) days in view of their implicit exclusion from the coverage of Republic Act (R.A.) No. 562, as amended, otherwise known as the Alien Registration Act of 1950 and its Implementing Rules and Regulations;

WHEREAS, Memorandum Order No. MCL-09-024 as amended by Memorandum Order No. MCL-10-004 mandating the inclusion of non-restricted foreign nationals who seek to extend their authorized stay beyond fifty nine (59) days under Section 9(a) of C.A. No. 613, as amended and temporary visitors who are granted a Special Study Permit (SSP) or a Special Work Permit (SWP) within the coverage of the ACR I-Card Project was issued precisely to address this grey area of the law;

WHEREAS, it has been observed that the inclusion of said foreign nationals within the coverage of the ACR I-Card Project is administratively impractical, technically burdensome, and financially expensive especially considering the short duration of their stay in the Philippines;

WHEREAS, the ACR I-Cards of said foreign nationals are frequently left unclaimed from the Bureau because of their issuance a few days before the expiration of his/her authorized stay or even beyond as stated in their passports;

WHEREAS, there is a need to refine and harmonize the existing rules and regulations with the basic tenets of law to eliminate the procedural and substantive flaws associated with applications for the extension of a temporary visitor's visa (TVV), or applications for an SSP or SWP;

NOW, THEREFORE, pursuant to the provisions of Section 3 of Commonwealth Act (C.A.) No. 613, or the Philippine Immigration Act of 1940, as amended, and Sections 29 and 36, Chapter 6, Book IV, Title III, Executive Order (E.O.) No. 292 or the Revised Administrative Code of 1987, this Memorandum Circular is hereby issued:

Section 1. Short Title. - This Memorandum Circular shall be known as the “Monitoring Guidelines for Non-Resident Foreign Nationals with Short-Term Stay in the Philippines.”

Section 2. Declaration of Policy. - It is the policy of the Bureau to identify, document and monitor all foreign nationals who sojourn in the Philippines without imposing unreasonable, cumbersome and impractical conditions for the approval of their visas/ permits. Towards this end, these Guidelines shall be applied and administered to balance the regulatory duties and functions of the Bureau with speedy, efficient and cost effective public service.

Section 3. Coverage. - The following categories of foreign nationals are hereby included within the coverage of these Guidelines:

3.1 Non-restricted foreign nationals previously granted a total authorized stay of fifty-nine (59) days and who wish to extend his/her authorized stay as temporary visitors under Section 9(a) of C.A. No. 613, as amended:
3.2 Temporary visitors who apply for and are granted Special Study Permits (SSP); and
3.3 Temporary visitors who apply for and are granted Special Work Permits (SWP); Provided, that foreign athletes and/ or performing artists whose stay in the country pursuant to an SWP does not exceed fifty-nine (59) days shall not be covered by these Guidelines.

Section 4. Removal from the ACR I-Card Project of Covered Foreign Nationals. - Upon the effectivity of this Circular, all foreign nationals mentioned in the preceding Section shall be removed from the coverage of the ACR I-Card Project; Provided, that such foreign nationals whose stay as temporary visitor will exceed one hundred eighty (180) days shall be subject to all the formalities required for registration as provided under paragraph 2, Article I of the Regulations Governing the Registration of Aliens in Accordance with the Alien Registration Act of 1950.

Section 5. Certificate of Non-Residence for Temporary Visitor (CNRTV). - In addition to the payment of the appropriate immigration fees, all foreign nationals covered by Section 3 of these Guidelines who wish to extend their authorized stay beyond fifty-nine (59) days but not to exceed one hundred eighty (180) days shall pay the amount of Seven Hundred Pesos (Php700.00) representing the Certificate of Non-Residence for Temporary Visitor (CNRTV) fee and Five Hundred Pesos (Php500.00) for the corresponding express lane fee.

The said fees shall be assessed and collected by the proper Bureau collecting officer upon the filing of the application for extension of the Temporary Visitor’s Visa (TVV) beyond fifty-nine (59) days or the application for a Special Study Permit (SSP) or a Special Work Permit (SWP).

An application for TVV extension beyond fifty-nine (59) days or an application for an SSP or SWP shall not be processed or approved without proof of payment of all immigration fees and related charges, including the CNRTV fee and the corresponding express lane fee mentioned in the first paragraph of this Section.

Section 6. Validity of the CNRTV. - The Certificate of Non-Residence for Temporary Visitor (CNRTV) granted in accordance with these Guidelines shall be co-terminus with the validity of the approved TVV, SSP or SWP but shall not exceed one hundred twenty-one (121) days counted from the last day of the authorized stay of the foreign national.

Section 7. Procedure for Overstaying Foreign Nationals. - Subject to existing rules and regulations^[1], overstaying foreign nationals who are covered by these Guidelines shall comply with the provisions hereof.

Section 8. Extension of TVV, SSP or SWP. - A foreign national who has paid the CNRTV and the corresponding express lane fee in accordance with Section 5 of these Guidelines shall not be assessed anew for another CNRTV when an application for the extension of his/her TVV, SSP or SWP is filed and approved within the one hundred twenty-one (121) day validity period provided in the preceding Section.

Section 9. Notation of CNRTV in the Passport. -The CNRTV provided in these Guidelines shall be written on the passport of the foreign national by the appropriate Bureau personnel upon the implementation of the approved TVV, SSP or SWP.

Section 10. Compliance Requirements. - The Visa Extension Section, the Cash Section and the Information and Communications Technology Section (ICTS) shall make the appropriate amendment/revision to the process flow shall be established to ensure that no application for extension for TVV beyond fifty-nine (59) days, SSP or SWP shall be received, processed and approved without proof of payment of all immigration fees and related charges, including the CNRTV fee and the corresponding express lane fee mentioned in Section 5 of these Guidelines.

For purposes of these Guidelines, a single Order of Payment Slip (OPS) and Official Receipt (OR) shall be issued to the foreign national itemizing all the assessments and payments of immigration fees and related charges, including the CRTV fee and corresponding express lane fee.

Any violation of these Guidelines by any Bureau personnel shall warrant the imposition of the proper administrative penalties without prejudice to the institution of any civil or criminal action, if any.

Section 11. Reportorial Requirements. - The Visa Extension Section shall submit a monthly monitoring report to the Office of the Commissioner for all CNRTV fee collections in the BI Main Office, Sub-Ports, Satellite Offices and Extension Offices.

Section 12. Repealing Clause. - Memorandum Order No. MCL-09-024 as amended and all memoranda, orders, rules and regulations, and other issuances inconsistent with these Guidelines are hereby modified, superseded and/ or repealed accordingly.

Section 13. Effectivity. - This Circular shall take effect within fifteen (15) days from publication in a newspaper of general circulation.

Let copies of this Memorandum Circular be filed with the Office of the National Administrative Register (ONAR), U.P Law Center, University of the Philippines Complex, Diliman, Quezon City.

(SGD.) RICARDO A. DAVID, JR.
Commissioner

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^[1] Memorandum dated 31 July 2007 as modified by Memorandum Order No. RADJR-12-026.