Philippines

8 Chapter Labor

    • Introduction To The Labor Environment In The Republic Of The Philippines

       * Social justice is “neither communism, nor despotism, nor atomism, nor anarchy,” but the humanization of laws and the equalization of social and economic forces by the State so that justice in its rational and objectively secular conception may at least be approximated.
      (Laurel, J. in Calalang v Williams, 70 Phil 726)
       
       
       
                    Currently, the Philippines has one of the fastest growing economies in Asia, and has sustained this growth through better governance and a better outlook for its economy. This growth has attracted more investors to consider investing in the Philippines. One of the reasons of said growth can be attributed to the vast pool of qualified workers. As of April 2016, Labor Force participation in the country is 63.6 %.
       
       The working environment in the Philippines is currently governed by the Department of Labor and Employment (DOLE) in conjunction with the Bureau of Immigration, for cases involving expatriates.
       
                    This Chapter is divided into two (2) parts for a clearer understanding of the working environment in the Philippines. The first pertains to the perspective of the Company, how its business may be affected by government laws and regulations on the employment of both Filipinos and Foreigners. The second relates to the interest of the expatriate and the process involved in being gainfully employed in the Republic of the Philippines.
       
      I.              INTRODUCTION TO THE LABOR ENVIRONMENT IN THE REPUBLIC OF THE PHILIPPINES
      The foremost legislation involving the interest of the workforce in the Philippines is the 1987 Constitution itself, found in Article XIII, entitled “Social Justice and Human Rights”. Section 3 of said article enumerates not only the basic rights of workers but also keeping in mind the interest of employer in the Philippines, thus:
       
      “The State shall regulate the relations between workers and employers, recognizing the right of labor to its just share in the fruits of production and the right of enterprises to reasonable returns on investments, and to expansion and growth.” (Sec. 3, Art. XIII)
       
      This is the spirit behind the enactment of Presidential Decree 442, also known as the Labor Code of the Philippines, as amended. It gives powers to the implementing agencies and provides for the minimum standards for employment, among others.
       
      a.   Employer-Employee Relationship
       
      The individual interests of the employer are entirely different from that of the employee. This relationship makes regulating the workplace a difficult task for the government. What must always be borne in mind is that when either party starts to think about the benefit of the working environment as a whole, the employer’s business would actually benefit from a happy and motivated labor force, which can be met through meeting the minimum benefits set under the law, and vice versa. Both must yield to public convenience (Art. 1701, New Civil Code of the Philippines).
       
      Keep in mind that under the law:
       
      “The relations between capital and labor are not merely contractual. They are so impressed with public interest that labor contracts must yield to the common good. Therefore, such contracts are subject to the special laws on labor unions, collective bargaining, strikes and lockouts, closed shop, wages, working conditions, hours of labor and similar subjects.” (Art. 1700, New Civil Code)
       
      This provision of law shows that in every written employment contract or any service agreement, public interest is paramount when it comes to the working environment in the Philippines.
       
      b. Job Contracting/Outsourcing
      Legitimate job contracting is an alternative available to an employer when it comes to choosing the workers that will work for a business. It is an arrangement where the principal employer agrees to put out or farm out (outsource) with a contractor the performance or completion of a specific job, work, or service within a definite or predetermined period. There are three (3) parties in this set-up, namely: the employees, the contractor, and the principal.
       
      In this set-up, the employees working for the principal employer are not deemed employees of such principal employer. They are, instead, employees of the Contractor. The contractor is the one hired by the principal to provide him employees.
       
      Keep in mind that this set-up is highly regulated by the government because of the increased risk on the employees regarding the payment of their wages since they are merely indirect employees of the principal employer, and the provisions of the Labor Code pertaining to Job Contracting (Arts. 106-109 of the Labor Code) have their own implementing rules in the form of DOLE Department Order No. 18-A (2011).
       
      c. Security of Tenure
      Security of tenure is a right of every employee enshrined in the Constitution. Once an employee is already considered as a regular employee, the nature of his employment becomes similar to a property right where he cannot be dismissed from service without any valid or legal ground.
        
      d. Labor Standards
      Labor Standards refers to that portion of Labor Law which governs the minimum working conditions, rest periods, and wages of employees.
       
      Regarding working conditions, a safe, just, and humane working environment is required by the law. When it comes to rest periods, there are leaves that may be availed of by an employee depending on the circumstance of such employee, like service incentive leave, maternity leave, paternity leave, solo parent leave, special leave under Republic Act 9262, among others. Regular Holidays although unworked, are paid in the Philippines. With respect to Special Non-Working Holidays, if an employee works on said day, he is entitled to an additional premium pay on top of his regular wage.
       
      As to the wages of employees, the government sets a minimum wage for employees in the private sector per region. Hence, if the company is situated in Manila, the minimum wage set by the Regional Wage Board in the National Capital Region. If the company is located in Cavite or Laguna, the minimum wage will be that set by their respective Regional Wage Board.
       
      e. Labor Relations
      Labor Relations looks at the relationship between management and workers particularly groups of workers represented by a union. It refers to the interactions between employer and employees or their representatives and the mechanism by which the standards and other terms and conditions of employment are negotiated, adjusted and enforced.
       
      Art. 211 of the Labor Code of the Philippines provides for the government’s Declaration of Policy on Labor which is the intention of the State to attain social justice through industrial peace and progress. Progress is founded on employee participation and collective interactions between employer and employees. Ultimately, labor relations aims to bridge the gap between management’s interests and the welfare of its employees. As such, it deals with collective bargaining units and agreements and regulation of labor unions.
       
       In general, the Philippines has been recognized for its labor relations environment that fosters strong tripartite mechanisms and processes for social dialogue, as well as bipartite mechanisms. The goal is to resolve labor disputes by resorting to less adversarial modes of settlement that promote speedy disposition of cases.
       
      f. Termination of Employment
      i.   Due Process Requirements
      In employee termination cases, the well-entrenched policy is that no worker shall be dismissed except for a just or authorized cause provided by law and after due process. Clearly, dismissal has two facets: first, the legality of the act of dismissal, which constitutes substantive due process; and second, the legality in the manner of dismissal, which constitutes procedural due process.
       
      In some instances, the employee can question the validity of his or her dismissal based on substantive or procedural grounds. The substantive aspect pertains to the absence of a just or authorized cause supporting the dismissal. The procedural aspect refers to the failure of the employer to give the employee the opportunity to explain his or her side.
       
      An employee who is dismissed without just cause is entitled to any or all of the following:
      (a) reinstatement without loss of seniority rights
      (b) in lieu of reinstatement, an employee may be given separation pay of one month pay for every year of service
      (c) full back wages, inclusive of allowances and other benefits or their monetary equivalent from the time compensation was withheld up to the time of reinstatement, and
      (d) damages if the dismissal was done in bad faith.
       
      A dismissal done without compliance to the procedural due process requirements will make the employer liable for damages.
       
          ii.  Basis in Law
      Under Philippine Labor Laws, an employer may dismiss an employee based on the following grounds:
      (a) serious misconduct
      (b) willful disobedience
      (c) gross and habitual neglect of duty
      (d) fraud or breach of trust
      (e) commission of a crime or offense against the employer, his family or representative
      (f) other similar causes such as: installation of labor-saving devices, redundancy, retrenchment to prevent losses, closure and cessation of business, and disease or illness
      Likewise, the Labor Code recognizes the termination initiated by an employee.
       
       
       
      g. Social Legislation
       
      Social Legislation is a law governing employer-employee relationship while the employee is not "at work" due to circumstances which will prevent him/her from working. It is designed to uplift and protect the welfare of the worker and his family, on account of the effects of employment such as diseases, injuries, disabilities or death.
       
                                               i.    Social Security System (SSS)
      The Social Security System in the Philippines is based on the policy of the State to establish, develop, promote and perfect a sound and viable tax-exempt social security system suitable to the needs of the people throughout the Philippines which shall promote social justice and provide meaningful protection to members and their families against the hazards of disability, sickness, maternity, old age, death and other contingencies resulting in loss of income or financial burden. Towards this end, the State shall endeavor to extend social security protection to workers and their beneficiaries.
       
      The covered employees under the SSS Law are entitled to numerous benefits under the Social Security and Employees' Compensation (EC) Programs in the event of death, disability, sickness, maternity and old age. Self-employed and voluntary members also get the same benefits as covered employees, except those benefits under the EC program. Basically, the SSS provides for a replacement of income lost on account of the aforementioned contingencies.
       
      The benefits under the Social Security Program are:
      (a) Sickness benefits
      (b) Maternity benefits
      (c) Disability benefits
      (d) Retirement benefits
      (e) Death benefits and
      (f) Funeral benefits.
       
                                              ii.    Philhealth
      PhilHealth is a tax-exempt government-owned and/or controlled corporation attached to the Department of Health for policy coordination and guidance. It administers the National Health Insurance Program. The National Health Insurance Program was established to provide health insurance coverage and ensure affordable, acceptable, available and accessible health care services for all citizens of the Philippines. Through this, citizens who are covered under Philhealth can assist and subsidize citizens who cannot afford to pay for medical care.
       
      The covered beneficiaries are: Members in the Formal Economy or those working in the government and private sectors, Members in the Informal Economy which include those who are self-earning and migrant workers, Indigent Members, Sponsored Members, Overseas Filipinos, Senior Citizens, and Lifetime Members.
       
      Inpatient Benefits are paid to the accredited Health Care Institution (HCI) through All Case Rates. It shall be deducted by the HCI from the member’s total bill, which shall include professional fees of attending physicians, prior to discharge. The case rate amount is inclusive of hospital charges and professional fees of attending physician. In order to avail of these benefits, member must have at least three (3) months’ premium contributions within the immediate six (6) months prior to the month of availment.
       
       
       
       
       
       
       
      Outpatient Benefits include:
      1. Day surgeries (ambulatory or outpatient surgeries) are services that include elective (non-emergency) surgical procedures ranging from minor to major operations, where patients are safely sent home within the same day for post-operative care
       
      2. Radiotherapy
      3. Hemodialysis
      4. Outpatient Blood Transfusion
                    i. Preventive Services
                    ii. Diagnostic Examinations (as recommended by the doctor)
                    iii. Drugs and Medicines
       
        iii.    Home Development Mutual Fund (HDMF) or Pag-Ibig Fund
      The Home Development Mutual Fund (HDMF), more popularly known as the     Pag-Ibig Fund, was established to provide a national savings program and affordable shelter financing the Filipino worker. It offers its members short-term loans and access to housing programs. It is mandatory for all SSS- and GSIS-covered employees; uniformed members of the AFP, BFP, BJMP and PNP; as well as Filipinos employed by foreign-based employers.
       
      In the absence of an explicit exemption from SSS coverage, an expatriate who is not more than sixty (60) years old and is compulsorily covered by the SSS, regardless of citizenship, nature and duration of employment, and the manner by which the compensation is paid, and shall be a mandatory member of the fund.
       
      Under voluntary membership, an individual at least 18 years old but not more than 65 years old may register with the Fund. However, the said individual shall be required to comply with the set of rules and regulations for Pag-Ibig members including the amount of contribution and schedule of payment. In addition, they shall be subject to the eligibility requirements in the event of availment of loans and other programs/benefits offered by the Fund.
       
      h. Regulatory Environment
       
        i.        Philippine Economic Zone Authority (PEZA)
       
      The Philippine Economic Zone Authority (PEZA) is attached to the Department of Trade and Industry and is tasked to promote investments, extend assistance, register, grant incentives to and facilitate the business operations of investors in export-oriented manufacturing and service facilities inside selected areas throughout the country proclaimed by the President of the Philippines as PEZA Special Economic Zones.
       
      The implementing rules and regulations (IRR) of Republic Act No. 7916 known as the The Special Economic Zone Act of 1995, provides the following incentives to registered PEZA ecozones:
       
      Fiscal incentives:
      1. Income tax holiday of specific duration (4 years, 6 years, 3 years), and subject to extension under certain conditions. Under this rule, a PEZA registered company will not be liable for 30% income tax;
      2. 5% special income tax upon expiration of the income tax holiday, the five percent (5%) rate is based on the defined gross income where only specific enumerated expenses are deductible from gross sales or gross receipts;
      3. Tax and duty free importation;
      4. Zero percent (0%) value added tax (VAT) on purchases of goods and services for use in the registered activity;
      5. Exemption from withholding taxes on payments of local buyers from customs territory;
      6. Exemption from payment of any and all local government fees, imposes, licenses, or taxes;
       
      On the other hand, non-fiscal incentives would include the following:
       
      1. Simplified import- export procedures;
      2. Employment of non-resident foreign nationals in supervisory, technical or advisory positions; and,
      3. Special non-immigrant VISA to certain officers and employees.
       
      The grant of certificate of registration by PEZA is subject to terms and condition in the Registration Agreement and failure to abide with these terms may result in penalties or cancellation of the certificate of registration. These terms could be the amount of sales on annual basis, percentage of production export, number of employees, submission of reports on a periodic basis, environmental compliance, and more.
       
       ii.        The Philippine Board of Investments (BOI)
      The Philippine Board of Investments (BOI), an agency under the supervision of the Department of Trade and Industry (DTI), is the lead government agency responsible for the promotion of investments in the Philippines. It assists Filipino and foreign investors to venture and prosper in desirable areas of economic activities.
       
      Investment Priority Areas are:
      1.     Business Process Outsourcing
      2.    Electronics Industry
      3.    Renewable Energy
      4.    Shipbuilding
       
      An enterprise registered with the BOI, pursuant to the 1987 Omnibus Investments Code (Executive Order No. 226) is entitled, among others, to the following incentives subject to certain terms and conditions:
       
          Fiscal Incentives
      1.     Income Tax Holiday
      2.     Exemption from taxes and duties on imported spare parts(NOLCO)
      3.      Exemption from wharfage dues and export tax, duty, impost and fees(GIE)
      4.     Reduction of the Rates of Duty on Capital Equipment, Spare parts and Accessories by   
       Virtue of EO 528
      5.    Tax exemption on breeding stocks and genetic materials
      6.    Tax Credits
      7.    Additional deductions from Taxable Income
       
          Non-Fiscal Incentives
      1.    Employment of Foreign Nationals
      2.    Simplification of customs procedures
      3.    Importation of consigned equipment
      4.    Privilege to operate a bonded manufacturing/trading warehouse
       
       

    • The Foreign Employee

       The interest of the expatriate cannot be overlooked when it comes to the working environment in any country, including the Philippines. The process of obtaining a working visa in the Philippines involves both the DOLE and the Bureau of Immigration. Other agencies may also be involved depending on the type of visa one is seeking to obtain.
       
      a.   Alien Employment Permit (AEP)
      The acquisition of the Alien Employment Permit (AEP) is the first step in obtaining a working visa in the Philippines. Generally, all foreigners who will work in the Philippines are required to secure an AEP.
      However, the following employers who are not required to secure an AEP prior to gainful employment: 
      1.    All members of the diplomatic service and foreign officials accredited by and with reciprocity arrangement with the Philippine government; 
      2.     Officials and staff of international organizations of which the Philippine government is a member, and their legitimate spouses desiring to work in the Philippines; 
      3.     Foreign nationals elected as members of the Governing Board who do not occupy any other position, but have only voting rights in the corporation; 
      4.     All foreign national granted exemption by law; 
      5.    Owners and representatives of foreign principals whose companies are accredited by the Philippine Overseas Employment Administration (POEA) who come to the Philippines for a limited period and solely for the purpose of interviewing Filipino applicants for employment abroad. 
      6.    Foreign nationals who come to the Philippines to teach, present and/or conduct research studies in universities and colleges as visiting, exchange or adjunct professors under formal agreements between the universities or colleges in the Philippines.
       
      The Handbook for Expatriates by DOLE-PEZA Technical Working Group Region 7 provides comprehensive information for expatriates who are looking into acquiring an occupation in the Philippines. Applications for AEP shall be filed with the Regional Office of the DOLE having jurisdiction over the intended place of work. In the case of foreign nationals to be assigned in related companies, they may file their application with any of the Regional Offices having jurisdiction over the applicant‘s intended place of work.
       
      The following are the requirements in applying for an AEP:
      A. Documentary Requirements: 
      1. Duly accomplished Application Form (notarized);
      2. Photocopy of Passport, with visa or Certificate of Recognition for refugees;
      3. Contract of Employment/Appointment or Board Secretary‘s Certificate of Election; 4. Photocopy of Mayor‘s Permit to operate business/PEZA Registration for Economic Zone Locators;
      5. Photographs 2 (1x1) and 2 (2x2); 
      6. Current AEP (if for renewal); and,
      7. Endorsement from PEZA for economic zone locator 
       
      For photocopied documents, original must be presented for authentication/ validation. Only application with complete documentary requirements shall be received and acted upon by the Regional Director. 
       
      B. Fees 
      Upon filing of application, the applicant shall pay a fee of Eight Thousand Pesos (P8,000.00) for each application for AEP with a validity of one (1) year. In case a period of employment is more than one year, an additional Three Thousand Pesos (P3,000.00) shall be charged for every additional year of validity or a fraction thereof. In case of renewal, the applicant shall pay a fee of Three Thousand Pesos (P3,000.00) for each year of validity or a fraction thereof. 
       
      C. Publication 
       Publication is required for all AEP application.
       
      The AEP shall be valid for a period of one (1) year, unless the    employment contract, consultancy services, or other modes of employment, provide otherwise. Said AEP is valid for the position/ s and company for which it was issued. 
       
      It may be suspended by the issuing Regional Office, based on any of the following grounds, and after due process: 
      a.    The continued stay of the foreign national may result in damage to the interest of  
      the industry or the country;
      b.    The employment of the foreign national is suspended by the employer or by order
      of the Court. 
       
      The Regional Director may cancel or revoke the AEP based on any of the following grounds, and after due process: 
      a.    Non-compliance with any of the requirements or conditions for which the AEP was issued;
      b.    Misrepresentation of facts in the application;
      c.    Submission of falsified or tampered documents;
      d.    Meritorious objection or information against the employment of the foreign national as determined by the Regional Director;
      e.    Foreign national has a derogatory record; and
      f.     Employer terminated the employment of the foreign national. 
       
      A foreign national whose application for AEP has been denied or whose AEP has been cancelled or revoked shall not be allowed to reapply in any of the DOLE Regional Offices, unless it has been corrected. 
       
      The Regional Director shall have the power to order and impose a fine of Ten Thousand Pesos (P10,000.00) for every year or a fraction thereof on foreign nationals found working without an AEP or with an expired AEP.  
       
      a.   Visa
                                               i.    9(a) Tourist Visa
            The 9(a) or Temporary Visitor's Visa is a non-immigrant visa issued to foreign nationals who come to the Philippines for a short period of time, whether for tourism, business, or medical purposes. Restricted foreign nationals are required to secure an entry visa before they can enter the Philippines. However, unrestricted foreign nationals can travel to the Philippines without an entry visa. Most foreign nationals are given a 30-day period to stay in the country upon arrival, but that initial stay can be as few as 7 days and as many as 59 days, depending on the visitor's country of origin. This initial stay can be extended incrementally, up to a maximum stay of 16 months. The 9(a) visa is issued by the Bureau of Immigration officers to foreigners upon arriving at the airport.
       
      The Bureau of Immigration website provides that the Temporary Visitor’s Visa (TVV) is available to foreign nationals who are traveling to the Philippines for these common purposes:
       
         1. Pleasure – for holiday or leisurely stay
         2. Business – may be of commercial, industrial/professional character but must be temporary in nature e.g. those who are attending international conferences, here to negotiate contracts and attend business meetings
          3. Health – provided not contagious, loathsome and/or dangerous diseases
       
      There are two (2) classifications of Temporary Visitor’s Visa by mode of admission:
       
          1. Non-visa Required Nationals
         a.  Foreign nationals under E.O. 408, as amended, admissible for thirty (30) days initial stay
         b. Temporary visitor’s visa admissible for fifty-nine (59) days
         c.  Visa Upon Arrival under Memorandum Circular No. MCL-08-003
         d.  Visa Upon Arrival VA thirty (30) days
                    i.  Group Tour (Memorandum Order No. AFFJr. 05-012)
                    ii.  Pro-Investment Visa (Memorandum Circular No. MCL-07-004)
          e. Foreign nationals under E.O. 191 admissible for seven (7) days
          f. Letter of Instruction (LOI) 911 admissible for seven (7) days
          g. Balikbayan (RA 6768 as amended by RA 9174) admissible for 1 year
       
       2. Visa Required Nationals who are admissible with entry visa
       
      A foreign national may apply for a Temporary Visitor’s Visa at a Philippine Foreign Service Post at his/her country of origin or place of legal residence.
       
      The 9(a) or Temporary Visitor's Visa Requirements is issued upon arrival at the airport with the following requirements:
      1.    Registration with the Bureau of Immigration (BI)
      2.    Original Passport valid at least six (6) months beyond the contemplated stay, with valid entry visa for restricted foreign nationals
      3.    Return/Exit or On-going ticket
       
                                              ii.    9(g) Pre-arranged Employee Visa
      Foreign nationals who are proceeding to Philippines to engage in any lawful occupation, whether for wages or salary or other forms of compensation can apply for conversion of their visa to pre-arranged employee visa (commercial).
       
      The following are the requirements for application:
      I.  Documentary Requirements:
      1. Joint letter request addressed to the Commissioner from the applicant and the petitioner;
      2. Duly accomplished CGAF for Non-Immigrant Visa;
      3. Photocopy of passport bio-page and latest admission with valid authorized stay;
      4.Photocopy of Employment Contract, Secretary’s Certificate of Election, Appointment or Assignment of applicant, or equivalent
      document, with details of exact compensation, duration of employment and comprehensive description of the nature and scope of the applicant’s position in the company;
      5.Photocopy of petitioner’s latest Income Tax Return (ITR) with the corresponding proof of payment (official receipt bank teller’s validation slip, BIR’s eFPS payment details’ print-out or other similar evidence);
      6.a. For Corporations or Partnerships, photocopies of the following:
                    i. Securities and Exchange Commission (SEC) Certificate of Registration;
                    ii. Articles of Incorporation;
                    iii. General Information Sheet (GIS) for the current year stamped received by the SEC;
        b. For Single Proprietorships, photocopies of the following:
                    i. Department of Trade and Industry (DTI) Certificate of Registration of Business Name;
                    ii. Mayor’s Permit;
      7. Photocopy of Alien Employment Permit (AEP) issued by the Department of Labor and Employment (DOLE);
      8. Notarized certification of number of foreign and Filipino employees
      from the petitioning company (preferred format can be downloaded at the
      BI website);
      9. Special Temporary Permit for an applicant practicing a regulated profession under the Professional Regulation Commission (PRC), if applicable;
      10.BI Clearance Certificate; and
      11.Original or certified true copy of Bureau of Quarantine Medical Clearance, if applicant is a national of any of the countries listed under Annex “A” of Immigration Operations Order No. SBM-14-059-A who arrived in the Philippines on or after June 2014.
       
      II. Documentary Requirements for EACH Dependent
      1.Duly accomplished CGAF for Non-Immigrant Visa;
      2.Photocopy of passport bio-page and latest admission with valid authorized stay;
      3.Proof of filiation with the applicant;
      4.BI Clearance Certificate; and
      5.Original or certified true copy of Bureau of Quarantine Medical Clearance, if applicant is a national of any of the countries listed under Annex “A” of Immigration Operations Order No. SBM-14-059-A who arrived in the Philippines on or after June 2014.

      III. Application Form
       
      IV. Additional Information on Applicant's children (if needed)
       
      V. Notarized Certification of Number of Foreign and Filipino Employees
       
      To apply for Pre-Arranged Employee Visa,
      1.    Secure the CGAF from either at the Public Information and Assistance Unit (PIAU) at BI G/F Main Office or from the official BI Website.
      2.    Submit the documents for pre-screening to the Central Receiving Unit (CRU) or to the frontline officer or staff of other Immigration Offices able to process this transaction.
      3.     Pay the required fees.
      4.    Submit copy of Official Receipt.
      5.     Attend hearing.
      6.    Proceed to Image and Fingerprint Capturing Counter of the Alien Registration Division (ARD) and submit requirements for ACR I-Card application
      7.    Check website if visa application is already approved.
      8.    If approved, submit passport for visa implementation.
      9.    If ACR I-Card is approved, claim ACR I-Card.
       
      Fees:
      Non-Top 1,000 Corporations

      VALIDITY

      PRINCIPAL

      DEP-SPOUSE

      DEP-B16

      DEP-B14

      1 Year

      Php 10,130.00

      Php 8,120.00

      Php 7,870.00

      Php 7,370.00

      2 Years

      Php 17,170.00

      Php 13,960.00

      Php 13,710.00

      Php 13, 210.00

      3 Years

      Php 24,210.00

      Php 19,800.00

      Php 19,550.00

      Php 19,050.00

      Additional Fee for ACR I-Card

      1 Year - + US $50

      2 Years - + US $100

      3 Years - + US $150

      *Fees are updated as of 06 March 2014 and may change without prior notice.
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
      For Top 1,000 Corporations

      VALIDITY

      PRINCIPAL

      DEP-SPOUSE

      DEP-B16

      DEP-B14

      1 Year

      Php 10,630.00

      Php 8,620.00

      Php 8,370.00

      Php 7,870.00

      2 Years

      Php 18,170.00

      Php 14,960.00

      Php 14,710.00

      Php 14, 210.00

      3 Years

      Php 25,710.00

      Php 21,300.00

      Php 20,550.00

      Php 19,050.00

      Additional Fee for ACR I-Card

      1 Year - + US $50

      2 Years - + US $100

      3 Years - + US $150

      *Fees are updated as of 06 March 2014 and may change without prior notice.
       
       
       
       
       
       
       
       
       
       










       i.    9(d) Treaty Traders Visa/ Treaty Investor Visa, Special Investor’s Resident Visa (SIRV), Special Retirees Resident Visa (SSRV)

       

      9(d) Treaty Traders Visa/ Treaty Investor Visa

      A foreign national of the United States of America (USA), Japan and Germany who is entering the Philippines solely to carry on trade or commerce pursuant to an existing treaty of commerce and navigation OR a foreigner who seeks admission for the purpose of developing and directing the operations of an enterprise in the Philippines.

       

      Requirements for 9(d) Visa:

      I.              Documentary Requirements

      1.    Letter request addressed to the Commissioner from the applicant and/or the petitioner;

      2.    Duly accomplished CGAF for Non- Immigrant Visa;

      3.    Photocopy of the applicant’s passport bio-page and latest admission with valid authorized stay;

      4.    a. For Corporations or Partnerships, photocopies of the following:

      i.              Securities and Exchange Commission (SEC) Certificate of Registration;

      ii.            Articles of Incorporation;

      iii.           General Information Sheet (GIS) for the current year stamped received by the SEC;

             b. For Single Proprietorships, photocopies of the following:

      i. Photocopy of Department of Trade and Industry (DTI) Certificate of Registration of Business Name;

      ii. Mayor’s Permit;

      5.    Photocopy of petitioner’s latest Income Tax Return (ITR) with the corresponding proof of payment (official receipt, bank  teller’s validation slip, BIR’s eFPS payment details’ print-out or other similar evidence);

      6.    Duly acknowledged Employment Contract, Secretary’s Certificate of Election, Appointment, Assignment, Secondment or Deployment of applicant, or equivalent document indicating duration of employment, compensation and other benefits, and scope of duties;

      7.    Board Resolution if the signatories of the letter of application and employment contract are other than those appearing in the Articles of Incorporation and in the latest GIS;

      8.  BI Clearance Certificate; and

      9.  Original or certified true copy of Bureau of Quarantine Medical Clearance, if 

           applicant is a national of any of the countries listed under Annex “A” of   

           Immigration Operations Order No. SBM-14-059-A who arrived in the  

           Philippines on or after June 2014.

       

      II.            Documentary Requirements for EACH Dependent

      1.    Duly accomplished CGAF for Non-Immigrant Visa;

      2.    Photocopy of the dependent’s passport bio-page and latest admission with valid authorized stay;

      3.    Proof of filiation with the applicant;

      4.   BI Clearance Certificate; and

      5.  Original or certified true copy of Bureau of Quarantine Medical Clearance, if applicant is a national of any of the countries listed under Annex “A” of Immigration Operations Order No. SBM-14-059-A who arrived in the Philippines on or after June 2014.

      III.            Application Form

      IV.          Additional Information on Applicant's children (if needed)

       

      To apply for Treaty Traders Visa/ Treaty Investor Visa,

      1.    Secure the CGAF from either at the Public Information and Assistance Unit (PIAU) at BI G/F Main Office or from the official BI Website.

      2.    Submit the documents for pre-screening to the Central Receiving Unit (CRU) or to the frontline officer or staff of other Immigration Offices able to process this transaction.

      3.     Pay the required fees.

      4.    Submit copy of Official Receipt.

      5.     Attend hearing.

      6.    Proceed to Image and Fingerprint Capturing Counter of the Alien Registration Division (ARD) and submit requirements for ACR I-Card application

      7.    Check website if visa application is already approved.

      8.    If approved, submit passport for visa implementation.

      9.    If ACR I-Card is approved, claim ACR I-Card.

       

      Fees:

      VALIDITY

      PRINCIPAL

      DEP-SPOUSE

      DEP-B16

      DEP-B14

      1 Year

      Php 9,620.00

      Php 8,120.00

      Php 7,870.00

      Php 7,370.00

      2 Years

      Php 13,650.00

      Php 11,950.00

      Php 11,700.00

      Php 11, 200.00

      Additional Fee for ACR I-Card

      1 Year - + US $50

      2 Years - + US $100

      *Fees are updated as of 06 March 2014 and may change without prior notice.
       
       
       
       
       
       
       
       
       







      Special Investor’s Resident Visa (SIRV)

       

      The Special Investor's Resident Visa is issued to foreign nationals who have the capacity to remit at least US$75,000 into the Philippines and invest such capital in viable economic activities. It is a program of the government to attract foreign investments into the Philippines.

       

      This inward remittance may be invested into ownership of stocks in existing corporations or new corporations to be engaged in manufacturing and services sectors and IPP projects. An initial six-month probationary SIRV is given to the foreign national to undertake such investments. Only upon submission of documents to prove that actual investments have been made may the application for indefinite multiple entry SIRV be considered.

       

      Requirements for SIRV:

      1.    Notarized Application Form

      2.    National Intelligence Coordinating Agency (NICA) clearance

      3.    Clearance from law enforcement agency of applicant's country of origin

      4.    Medical Certificate

      5.    Certificate of Investment

      6.    Certified true copy of the certificate of peso time deposit

      7.    Authenticated Birth Certificate

      8.    Photocopy of passport (bio-page, latest arrival, and authorized stay)

       

      Special Resident Retiree's Visa (SRRV)

      Special Resident Retiree's Visa (SRRV) is issued to foreign nationals or former Filipinos at least thirty-five (35) years of age under the retirement program of the Philippine Retirement Authority (PRA). SRRV entitles the holder to multiple-entry privileges with the right to stay in the Philippines during his lifetime, and other tax and immigration exemptions.

       

      The government through the PRA has four (4) retirement options which vary in requirements, obligations, and entitlements. These retirement options are SRRV Smile, Classic, Human Touch, and Courtesy.

       

      Requirements for SRRV:

       

      1.    SRRV application form

      2.    Original passport

      3.    Medical examination clearance

      4.    Police Clearance

      5.    National Bureau of Investigation (NBI) clearance

      6.    ID Pictures - twelve (12) pieces 2x2

      7.    Additional proof of relationship for dependents

      8.    Health insurance policy (for Human Touch)

      9.     Pension documents (for Classic and Human Touch)

       

       

       

                                               i.    Sec. 47(a)2: PEZA Visa

      Section 47(a)2 of the Philippine Immigration Act of 1940, as amended, allows the President to admit as non-immigrants, foreign nationals who are coming for a temporary period only, under conditions as he may prescribe. This consequently paved the way for the creation of special visas, under special laws like, for investors or employees of PEZA and/or BOI-registered companies or those in the oil-drilling industries.

       

      This type of visa requires the employer's sponsorship and is valid for the duration of the contract or term of office or one (1) year, whichever is shorter. It is a company-specific visa that limits the percentage of foreign national employees to less than 5% of the total work force. Holders of this visa are exempted from ACR I-card requirement.

       

      Requirements for Special Non-Immigrant Visa:

       

      1.    PEZA endorsements

      2.    DOJ application checklist

      3.    Notarized DOJ application form

      4.    Petitioner letter request

      5.    PEZA Certificate of Registration

      6.    Photocopy of Passport

      7.    Employment Certificate

      8.    Bio-Data of the applicant