Republic of the Philippines
MALACAÑANG
ManilaBY THE PRESIDENT OF THE PHILIPPINES
EXECUTIVE ORDER NO. 758 October 20, 2008
PRESCRIBING GUIDELINES FOR THE ISSUANCE OF A SPECIAL VISA TO NON-IMMIGRANTS FOR EMPLOYMENT GENERATION
WHEREAS, there are foreigners who want to maintain a lawful presence in the Philippines by actually, directly or exclusively engaging in lawful, viable, and sustainable trade, business, industry, or activity offering local employment;
WHEREAS, according to the April 2008 survey of the National Statistics Office (NSO), there are 2.9 million Filipinos who are currently unemployed;
WHEREAS, creation of job opportunities for the Filipino is one of the advocacies of the Arroyo Administration under its 10-point Agenda;
WHEREAS, Commonwealth Act (CA) No. 613, otherwise known as the Philippine Immigration Act of 1940, as amended, authorizes the President, when public interest so warrants, to admit as non immigrants, foreigners not otherwise provided for by the Act, who are coming for a temporary period only, under such conditions as may prescribed;
WHEREAS, public interest, particularly on an aspect of employment generation for Filipinos...
Details
Amends
n/a
Amended by
n/a
Executive Orders
Prescribing Guidelines for the Issuance of a Special Visa to Non-Immigrants for Employment Generation
Executive Order No. 758
Summary of Executive Order No. 758
Special Visa for Employment Generation (SVEG)
- A special visa issued to qualified non-immigrant foreigners who shall employ at least ten (10) Filipinos in a lawful and sustainable enterprise, trade, or industry. (Section 1)
- Privileges extend to the foreigner's spouse and dependent unmarried children below 18 years old. (Section 1)
Eligibility Requirements for SVEG
- The foreigner shall actually, directly or exclusively engage in a viable and sustainable commercial investment/enterprise in the Philippines, and has the authority to hire, promote and dismiss employees. (Section 2a)
- The foreigner evinces a genuine intention to indefinitely remain in the Philippines. (Section 2b)
- The foreigner is not a risk to national security. (Section 2c)
- The foreigner's commercial investment/enterprise must provide actual employment to at least ten (10) Filipinos in accordance with Philippine labor laws and other applicable special laws. (Section 2d)
Application Process for SVEG
- The Commissioner of Immigration shall receive and resolve SVEG applications within fifteen (15) days from the date of filing, upon payment of regulatory fees. (Section 3a)
- Documentary proofs shall be evaluated and reviewed without strict observance to the technicalities of evidence and procedure. (Section 3a)
- Upon favorable review, the Commissioner shall issue a Notice of Approval, and the foreigner shall be issued an Alien Certificate of Registration (ACR) I-Card and an Identification Certification (IC) indicating the special non-immigrant status with multiple entry privileges and conditional extended stay in the Philippines. (Section 3b)
- If denied, the Commissioner shall issue a Notice of Disapproval, and the foreigner may file one (1) Motion for Reconsideration within fifteen (15) days. (Section 3c)
- The Commissioner shall monitor the continued compliance by the foreigners of the SVEG requirements. (Section 3d)
- All fees collected shall be accounted for as government funds and subject to strict auditing procedures. (Section 3e)
Revocation of SVEG
- The Commissioner shall revoke the SVEG if: (i) the holder fails to maintain compliance with the conditions in Section 2; (ii) it was obtained through fraud or willful misrepresentation; (iii) upon conviction of the foreigner by final judgment for a crime or offense in the Philippines; or (iv) a final determination that the foreigner poses a risk to national security. (Section 4a)
- A foreigner whose SVEG is revoked under Sections 4(a)(i), 4(a)(ii) or 4(a)(iv) shall be deported via summary proceedings. (Section 4b)
- A foreigner whose SVEG is revoked under Section 4(a)(iii) shall be deported after the service of sentence. (Section 4b)
- The deported foreigner shall be transported to the country whence he came, or to the foreign port where he embarked for the Philippines, or to the country of his nationality or citizenship, or to the country in which he resided prior to coming to the Philippines. (Section 4c)
Implementing Rules and Regulations (IRR) and One-Stop-SVEG Facility
- Within thirty (30) days from the signing of this Executive Order, the Commissioner of Immigration, together with representatives from various government agencies, local or foreign chambers of commerce, and stakeholders, shall promulgate the necessary IRR to ensure the orderly issuance of the SVEG. (Section 5)
- The IRR shall provide for the establishment of a One-Stop-SVEG Facility within the Bureau of Immigration to assist interested foreigners in processing documentary requirements for their SVEG application. (Section 5)
- The IRR shall take effect fifteen (15) days after the completion of its publication in at least two (2) newspapers of general circulation. (Section 5)
Reportorial Requirements
- The Commissioner of Immigration shall submit regular monthly reports on the implementation of this Executive Order to the Office of the President and the Secretary of Justice. (Section 6)
- Certified copies of the SVEG issued by the Commissioner, including supporting documents, shall be furnished to the Secretary of Justice for proper department recording and review. (Section 6)
Construction and Separability Clause
- Nothing in this Executive Order shall be construed to diminish or preclude the President and the Secretary of Justice from exercising their respective powers and authorities over the Bureau of Immigration, pursuant to existing laws, executive issuances, rules, and regulations. (Section 7)
- If any provision of this Executive Order is declared invalid or unconstitutional, the provisions not affected shall continue in force and effect. (Section 8)
Repealing Clause and Effectivity
- The provisions of other executive issuances, departmental/administrative orders, circulars, instructions, directives and memoranda inconsistent with this Executive Order are hereby repealed or modified accordingly. (Section 9)
- This Executive Order shall take effect fifteen (15) days after completion of its publication in at least two (2) newspapers of general circulation. (Section 10)
Special Visa for Employment Generation (SVEG)
- A special visa issued to qualified non-immigrant foreigners who shall employ at least ten (10) Filipinos in a lawful and sustainable enterprise, trade, or industry. (Section 1)
- Privileges extend to the foreigner's spouse and dependent unmarried children below 18 years old. (Section 1)
Eligibility Requirements for SVEG
- The foreigner shall actually, directly or exclusively engage in a viable and sustainable commercial investment/enterprise in the Philippines, and has the authority to hire, promote and dismiss employees. (Section 2a)
- The foreigner evinces a genuine intention to indefinitely remain in the Philippines. (Section 2b)
- The foreigner is not a risk to national security. (Section 2c)
- The foreigner's commercial investment/enterprise must provide actual employment to at least ten (10) Filipinos in accordance with Philippine labor laws and other applicable special laws. (Section 2d)
Application Process for SVEG
- The Commissioner of Immigration shall receive and resolve SVEG applications within fifteen (15) days from the date of filing, upon payment of regulatory fees. (Section 3a)
- Documentary proofs shall be evaluated and reviewed without strict observance to the technicalities of evidence and procedure. (Section 3a)
- Upon favorable review, the Commissioner shall issue a Notice of Approval, and the foreigner shall be issued an Alien Certificate of Registration (ACR) I-Card and an Identification Certification (IC) indicating the special non-immigrant status with multiple entry privileges and conditional extended stay in the Philippines. (Section 3b)
- If denied, the Commissioner shall issue a Notice of Disapproval, and the foreigner may file one (1) Motion for Reconsideration within fifteen (15) days. (Section 3c)
- The Commissioner shall monitor the continued compliance by the foreigners of the SVEG requirements. (Section 3d)
- All fees collected shall be accounted for as government funds and subject to strict auditing procedures. (Section 3e)
Revocation of SVEG
- The Commissioner shall revoke the SVEG if: (i) the holder fails to maintain compliance with the conditions in Section 2; (ii) it was obtained through fraud or willful misrepresentation; (iii) upon conviction of the foreigner by final judgment for a crime or offense in the Philippines; or (iv) a final determination that the foreigner poses a risk to national security. (Section 4a)
- A foreigner whose SVEG is revoked under Sections 4(a)(i), 4(a)(ii) or 4(a)(iv) shall be deported via summary proceedings. (Section 4b)
- A foreigner whose SVEG is revoked under Section 4(a)(iii) shall be deported after the service of sentence. (Section 4b)
- The deported foreigner shall be transported to the country whence he came, or to the foreign port where he embarked for the Philippines, or to the country of his nationality or citizenship, or to the country in which he resided prior to coming to the Philippines. (Section 4c)
Implementing Rules and Regulations (IRR) and One-Stop-SVEG Facility
- Within thirty (30) days from the signing of this Executive Order, the Commissioner of Immigration, together with representatives from various government agencies, local or foreign chambers of commerce, and stakeholders, shall promulgate the necessary IRR to ensure the orderly issuance of the SVEG. (Section 5)
- The IRR shall provide for the establishment of a One-Stop-SVEG Facility within the Bureau of Immigration to assist interested foreigners in processing documentary requirements for their SVEG application. (Section 5)
- The IRR shall take effect fifteen (15) days after the completion of its publication in at least two (2) newspapers of general circulation. (Section 5)
Reportorial Requirements
- The Commissioner of Immigration shall submit regular monthly reports on the implementation of this Executive Order to the Office of the President and the Secretary of Justice. (Section 6)
- Certified copies of the SVEG issued by the Commissioner, including supporting documents, shall be furnished to the Secretary of Justice for proper department recording and review. (Section 6)
Construction and Separability Clause
- Nothing in this Executive Order shall be construed to diminish or preclude the President and the Secretary of Justice from exercising their respective powers and authorities over the Bureau of Immigration, pursuant to existing laws, executive issuances, rules, and regulations. (Section 7)
- If any provision of this Executive Order is declared invalid or unconstitutional, the provisions not affected shall continue in force and effect. (Section 8)
Repealing Clause and Effectivity
- The provisions of other executive issuances, departmental/administrative orders, circulars, instructions, directives and memoranda inconsistent with this Executive Order are hereby repealed or modified accordingly. (Section 9)
- This Executive Order shall take effect fifteen (15) days after completion of its publication in at least two (2) newspapers of general circulation. (Section 10)