CID LAW INSTRUCTIONS NO. 34/IMMIGRATION REGULATION INSTRUCTIONS NO. 49, June 20, 1988

EXPIRATION OF AMNESTY UNDER IMMIGRATION REGULATIONS INSTRUCTIONS NO. 22

National Administrative Register June 20, 1988
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By express provision, the Amnesty Program under Immigration
Regulation Instructions No. 22 and under Law Instructions No. 24 and
Immigration Regulation Instructions No. 30 expired on 15 June 1988. The
consequences of the expiration are as follows:

A
Temporary Visitors

1.  General Rule — Except for those governed by specific
laws, aliens entering the country as temporary visitors may stay in the
country for a period not exceeding one (1) year and 59 days.  For
temporary visitors who obtained their visa from a Philippine consulate
abroad, the initial admission is usually for 59 days; thereafter, he may
be granted three extensions of not more than four (4) months each, but
not to exceed a total extensions of one (1) year.

For temporary visitors who entered without a visa, as authorized
under Executive Order No. 408, the initial admission is normally for 21
days; thereafter, he may be granted an extension of 38 days, commonly
referred to as a visa waiver, which adds up to an authorized stay of 59
days.  Subsequently, he may be granted three additional extensions of
not more than four (4) months each but not to exceed a total extension
of one (1) year.

The maximum period of one (1) year and 59 days may be further
extended by the Commissioner or Associate Commissioner in exceptional
cases.

An application for extension must be filed before the expiration of the alien’s last authorized stay.

An extension fee of P110.00 shall be assessed for every extension of one (1) month or segment thereof.

2.  Late Filing of Application for Extension; Beyond One Year and 59 Days
— As a deterrent to the late filing of applications for extension, an
alien who files an application for extension after his authorized stay
has expired, shall first be required to update his stay by paying double
the monthly extension fee for the period during which he has
overstayed.  If his application for extension still falls within the
maximum period of one (1) year and 59 days, he may be granted the period
of extension requested or four (4) months, whichever is less.  He shall
pay the ordinary monthly extension fee for the period extended.

If his application for extension will exceed, either in full or in
part, the maximum period of one (1) year and 59 days, he shall present
documentary proof that his case qualifies as exceptional case to justify
any extension beyond the maximum authorized period.  Examples of
exceptional cases are:

a.    the filing of a complete application for immigrant or
non-immigrant resident status or for temporary resident visa, and the
pendency of the said application with the CID;

b.    the issuance of a special work permit or a special study permit;

c.    physical impossibility to travel due to serious illness or force majeure; and

d.    other analogous cases.

If the alien can justify the exceptional nature of his case, he may
be granted additional extensions of not more than four (4) months at
one time.

If the alien cannot justify the exceptional nature of his case, he
shall be granted a 15-day grace period within which to leave.

B
Permanent Residency Privilege

The Privilege granted to overstaying aliens to legalize their stay
by applying for permanent residence under Executive Order No. 226 or the
Omnibus Investment Code; Executive Order No. 63 or the Tourist-Related
Incentives Law; and Executive Order No. 1037 or the Special Investors
Resident Visa is terminated.

C
Student Permit

The privilege granted to aliens with fake or unauthorized student,
immigrant or other kinds of visas to complete the degree/course in which
they are presently enrolled by applying for a special study permit is
terminated.

D
Immunity From Arrest and Investigation

The immunity of the alien from arrest and investigation as long as
he is not engaged in a crime is likewise terminated, unless he files a
Notice of Intent to avail of the legalization granted under Executive
Order No. 324.

Adopted: 20 June 1988

(SGD.) REGINA PADILIA GERALDEZ
Associate Commissioner