(NAR) VOL. 13 NOS. 1-2 / JANUARY-MARCH 2002

[ MEMORANDUM ORDER NO. ADD-02-015, MARCH 6, 2002, March 06, 2002 ]

FIVE (5)-YEAR TEMPORARY RESIDENT VISAS FOR FAMILY MEMBERS OF LAWFUL ALIEN RESIDENTS IN THE PHILIPPINES




Commonwealth Act No. 613, Section 29(a)(9) authorizes the Commissioner of Immigration, in the exercise of sound discretion, to allow the entry of family members of lawful alien residents in the Philippines. In addition, Section 29(b)(2) allows the entry of any alien applying for temporary admission into the Philippines.

In view of these provisions, family members of lawful alien residents in the Philippines may be allowed entry for purposes of applying for temporary admission in the Philippines. Upon application and compliance with implementing guidelines, the Commissioner of Immigration may admit such family members for five-year periods, subject only to such limitations as may be imposed by national security, public safety, public health and the national interest. Likewise, this privilege may, in the discretion of the Commissioner of Immigration, be afforded to these family members who have already been admitted into the Philippines.

For these purposes, however, the terms "family member" and "lawful alien resident" are hereby defined as follows:

1. Family member shall refer to the grandfather, grandmother, father, mother, husband, wife or child of a lawful alien resident; and

2. Lawful alien resident shall refer to non-citizens, who acquired legal residence in the Philippines under any, but not limited to, the following:

(i) Commonwealth Act No. 613, as amended;

(ii) Republic Act No. 562, as amended;

(iii) Executive Order No. 324 (series of 1988);

(iv) BI Law Instruction No. 33 (series of 1988);

(v) Embassy of India Note No. Mani/Cons/415/1/90 (12 July 1990) and Aide Memoire (8 August 1990) in relation to Note Verbale No. 903730 (17 September 1990);

(vi) Republic Act No. 7919 (series of 1995); and

(vii) Republic Act No. 8274 (series of 1996).

Associate Commissioner Arthel B. Caronongan shall have within 30 days from the date of approval by the Honorable Secretary to prepare implementing guidelines for this memorandum order.

Adopted: 06 March 2002


(SGD). ANDREA D. DOMINGO
Commissioner



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