MEMBERS OF RELIGIOUS CONGREGATIONS
basic aim of the hearing officer is to ensure that this category is not
unlawfully used as a subterfuge by disqualified aliens.
Hence, as long as the application includes the authenticated written
indorsement of the religious congregation, approval shall be
ministerial, i.e., any doubt shall be resolved in favor of the
applicant. Further, the hearing shall be conducted with the least;
inconvenience to the applicant.
As long as the application includes the authenticated indorsement of
the congregation, presentation of the contract of employment may be
waived, if the congregation issued no such contract. Further,
presentation of the SEC certificate of registration may also be waved,
if the congregation belongs to the corporation sole of the church or
diocese.
The hearing officers shall carefully check the existing files, to
ensure that personal appearance and fingerprinting of the applicant is
required only once. If his record is missing, but he produces xerox
copies of documents showing prior personal appearance and
fingerprinting, these requirements may be waived.
The Immigration Act, Section 42, par.(a) provides: “All aliens
admitted to pre-arranged employment under Section 9 of the Act, but
engaged exclusively in religious or educational work, shall be exempted
from the payment of the monthly fee of P100 for every month of extension
of stay.” Pursuant to this provision the hearing officers may grant the
exemption, particularly if the applicant claims to be indigent, i.e.,
he receives no salary from the congregation, and any money he receives
is sufficient only for his support.
As an exemption to Law Instructions No. 32, the religious shall be
granted pre-arranged employment visa, with an initial period of five (5)
years extendible to a total of ten (10) years; provided, the Board of
Commissioner may grant special extension, on proof that it is
necessitated by the religious mission.
The term “religious” shall include individuals affiliated with
religious congregations, and intending to pursue studies in theology.
Adopted: 17 June 1988
(SGD.) MIRIAM DEFENSOR SANTIAGO
Commissioner