As it is the start of the year, all foreign nationals are reminded of complying with the Bureau of Immigration’s Annual Report Requirement for 2020 (http://immigration.gov.ph/41-annual-report-a-r). Foreign nationals holding Temporary Visitor’s Visas or Tourist Visas are excluded from this requirement.
Mandatory under Philippine Law
The annual report is mandatory under Republic Act No. 562 otherwise known as the Philippine’s Alien Registration Act of 1950:
Section 10. Every alien subject to the provisions of this Act shall, within the first sixty days of every calendar year, report in person to the Bureau of Immigration, if residing in the City of Manila, or to the office of the respective city or municipal treasurer, if residing in another locality. The official in charge shall thereupon make a proper notation to that effect on the registration certificate, to which notation a fifty-centavo documentary stamp furnished by the alien shall be affixed. The parent or legal guardian of an alien who is less than fourteen years of age; shall have the duty of reporting for such alien: Provided, That whenever any such alien attains his fourteenth birthday in the Philippines, he shall thereafter report in person and furnish the required fifty-centavo documentary stamp once a year within the period and at the place above designated.
Failure to make the report herein required shall cause the cancellation of the corresponding registration certificate.
and failure to comply may result in fines, cancellation of visas, deportation and/or imprisonment, at the discretion of the Commissioner of Immigration.
Section 6. Any alien required to apply for registration who fails or refuses to make such application, and any parent or legal guardian required to apply for the registration of any alien, who fails or refuses to file application for the registration of such alien shall, at the option of the Commissioner of Immigration, be subject to an administrative fine not exceeding two thousand pesos, or be prosecuted and upon conviction be punished by a fine not exceeding five thousand pesos, or imprisonment for not more than one year, or both. Any alien or any parent or legal guardian of any alien, who fails to give the written notice required by section five of this Act shall, at the option of the Commissioner of Immigration, be subject to an administrative fine not exceeding five thousand pesos, or be prosecuted and upon conviction be punished by a fine not exceeding one thousand pesos or imprisonment for not more than six months, or both. Any alien, or any parent or legal guardian of any alien, who files an application for registration containing statements known by him to be false, or who procures or attempts to procure registration of himself or another person through fraud, or who utilizes a registration certificate other than his own, shall, at the option of the Commissioner of Immigration, be subject to an administrative fine not exceeding two thousand pesos, or be prosecuted and upon conviction be punished by fine not exceeding five thousand pesos or imprisonment for not more than one year, or both; and any alien so convicted within five years after entry into the Philippines shall be deported upon the warrant of the Commissioner of Immigration.
In addition, non-complying foreign nationals must also file with the Bureau of Immigration a Written Explanation and/or Motion for Reconsideration, in the event that the BI has taken action on the foreign national’s non-compliance, which will necessitate additional government fees.
Official Reminder of Non-Extendible Deadline issued by the Bureau of Immigration
The Bureau of Immigration has in fact issued a reminder in 02 January 2020 (http://immigration.gov.ph/images/News/2020_Yr/01_Jan/2020Jan02_Press.pdf) to comply with the 2020 Annual Report Requirement by reporting personally to their main office at Intramuros, Manila (https://goo.gl/maps/QrMNA1XpuWMSpVMb8) within the first sixty days of this year, or to one of their satellite offices authorized to accept appthe Annual Report requirement (http://immigration.gov.ph/index.php/information/directory-of-transactions).
Since the sixty (60) day period to comply with the 2020 Annual Report Requirement is a legal requirement under the Philippine’s Alien Registration Act of 1950, the period is non-extendible. Thus, period to comply with the Annual Report Requirement ends in 02 March 2020.
Requirements for Compliance with the 2020 Annual Report
For foreign nationals to abide by the 2020 Annual Report Requirement, they must personally comply/present the following documents with the Bureau of Immigration:
- Duly notarized and accomplished application form
- Original ACR I-Card or paper-based ACR
- Valid passport and the visa page of latest arrival
- Official receipt/s of previous Annual Report payment
- The confirmation number issued under the online system if the foreign national has not yet complied with any previous Annual Report requirement
- Pay the required government fees
Exceptions to Personal Appearance
The requirement to personally appear may be dispensed with only in the following cases:
- When the alien is below 14 years of age or 65 years of age or over;
- In case the alien is insane, an imbecile, incompetent or of unsound mind. A medical certificate issued by a private physician and verified by BI medical physicians shall be submitted as proof of such condition;
- In case the alien is confined in a penal institution or hospital. A duly notarized certificate and/or certificate of confinement from the medical institution attesting to such fact shall be submitted;
- Other physical or legal condition making the appearance in person of alien impossible with sufficient proof attesting to such fact;
- When the alien is out of the country provided he/she pays within thirty (30) days upon arrival in the country;
- When the appearance in person is waived by the Commissioner or his/her duly authorized representative.
and no other circumstance shall justify the non-appearance of the foreign national required to comply with the Annual Reporting requirement (Memorandum Circular SBM No. 2013-002).
About Nicolas and De Vega Law Offices
If you need assistance in complying with your 2020 Annual Report requirement, please feel free to contact us. Our Special Projects/Immigration Department will be happy to assist you and ensure that your records with the Bureau of Immigration are up to date and fully compliant under Philippine law. Nicolas and De Vega Law Offices is a full-service law firm in the Philippines. You may visit us at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines. You may also call us at +632 84706126, +632 84706130, +632 84016392 or e-mail us at [email protected].