My Tib Bit Of Info On The Balikbayan Stamp

[UZI]

UZI's question was constantly about the one (1) year restriction criteria, continuously out of the Philippines for a year or more and is meant only for Filipinos and not foreigners! Why is it so difficult to comprehend this when it's written in black and white? It doesn't take an Einstein to figure all this out! It doesn't pertain to foreigners in this particular category in the first place and if did, then all foreigners too would not be able to get the BB stamp if they entered the Philippines within a year from their last departure date, but all the other categories would and can get the BB stamp regardless of their frequent travels to the Philippines within a year and it states that fact in the original RA 6768 last paragraph because that's one of the benefits under the BB Program. The RA 6768 memorandum dated July 1, 2008 is just an amendment and has no mention of foreigners at all, but of only the 3 categories mentioning Filipinos only and nothing in there about foreigners because their specific category has already been established in the original RA 6768 dated Nov 1989 and July 2001!

So Art, as we are all aware, you are under category C:

a former Filipino citizen who had been naturalized in a foreign country and holds a foreign passport.

That is your field of experience & knowledge. End of topic. I am asking about Category A of which you clearly have no experience.Why is it that Doug, Stef, Lee & Boss Man understand my question but you won't even wait for Tom's response?I will not reply to this thread any further until I get a reply from SOMEBODY else.Uzi.

[Art2ro]

UZI's question was constantly about the one (1) year restriction criteria, continuously out of the Philippines for a year or more and is meant only for Filipinos and not foreigners! Why is it so difficult to comprehend this when it's written in black and white? It doesn't take an Einstein to figure all this out! It doesn't pertain to foreigners in this particular category in the first place and if did, then all foreigners too would not be able to get the BB stamp if they entered the Philippines within a year from their last departure date, but all the other categories would and can get the BB stamp regardless of their frequent travels to the Philippines within a year and it states that fact in the original RA 6768 last paragraph because that's one of the benefits under the BB Program. The RA 6768 memorandum dated July 1, 2008 is just an amendment and has no mention of foreigners at all, but of only the 3 categories mentioning Filipinos only and nothing in there about foreigners because their specific category has already been established in the original RA 6768 dated Nov 1989 and July 2001!

So Art, as we are all aware, you are under category C:

a former Filipino citizen who had been naturalized in a foreign country and holds a foreign passport.

That is your field of experience & knowledge. End of topic. I am asking about Category A of which you clearly have no experience.Why is it that Doug, Stef, Lee & Boss Man understand my question but you won't even wait for Tom's response?I will not reply to this thread any further until I get a reply from SOMEBODY else.Uzi.

UZI,Why do you think that I have no knowledge or experience concerning category (a)? I'm a Fil/Am meaning I'm a Filipino and an American combined! People just have to reread and comprehend what is written as the facts for themselves! I've given all facts and then some and explained them the best way I could in order to help others to understand the BB Program! The Balikbayan Program is well written and to the point and shouldn't put any doubts in the reader's mind except for a few!I thought this subject matter had been clarified and explained fully, but in UZI's mind and a few others it hasn't! All I can say is, reread the original RA 6768 and it's other revisions, memorandums and amendments and I'm sure the rest of you will see the light! It doesn't take an expert to read and comprehend this RA 6768! And here's another (bonus) amendment incorporated under this RA 6768 which is the existing rules and regulation which hasn't been changed or revised since it's enactment: The Commissioner of Immigration Andrea D. Domingo informed theDepartment of Foreign Affairs on 04 June 2001 that, "All ImmigrationOfficers at authorized ports of entry shall grant the benefits andprivileges to all Balikbayans and Former Filipinos included every timethey enter the country to visit, regardless of their frequent travel".This means that the above categories of persons could now avail of theBalikbayan benefits and privileges regardless of the number of timesthey enter the country within a year. And here is the other category for foreigners married to their Filipino spouses:Family members of the former Filipino citizen who are traveling withthe Balikbayan should present passports and any of the following: a)birth certificate, in case of children; b) marriage certificate, in caseof spouse; c) adoption papers, in case of legally adopted children.I and others find this BB Program a wonderful privilege (a gift for a free one year stay)! Just think, if it weren't for this gift, we would end up paying at least P62,000 (husband and wife) just for the first 12 months worth of tourist visa extensions, which all single foreigners are all doing that now and I bet that they wished they all could get a BB stamp free for the first year! So, thank goodness for the Balikbayan Program! You all have a good day now! It really is :) Edited June 26, 2010 by Pinoy Art

[oldutot]

Thanks Pinoy Art

Edited June 26, 2010 by oldutot

[Art2ro]

You are welcome Oldutot! At least I'm appreciated for my efforts to help others! Oh BTW, I'm MrBBtheFilAm now! My friends call me Art! So you can call me Art and drop the Pinoy prefix!Thanks

Edited June 26, 2010 by MrBBtheFilAm

[oldutot]

You are welcome Oldutot! At least I'm appreciated for my efforts to help others! Oh BTW, I'm MrBBtheFilAm now! My friends call me Art! So you can call me Art and drop the Pinoy prefix!Thanks

Hi Art, What are the pros and cons with the Balikbayan stamp or the wife becoming a dual citizen

[Art2ro]

You are welcome Oldutot! At least I'm appreciated for my efforts to help others! Oh BTW, I'm MrBBtheFilAm now! My friends call me Art! So you can call me Art and drop the Pinoy prefix!Thanks

Hi Art, What are the pros and cons with the Balikbayan stamp or the wife becoming a dual citizen

Put simply, A Dual Citizen won't need to do the visa extension thing anymore. I plan to go that route eventually, less of a immigration hassle if one plans to stay in the Philippines indefinitely and don't plan to take frequent trips outside of the Philippines! You can start a new thread on the immigration matters you are concerned about so more people can jump in to help you! Edited June 26, 2010 by MrBBtheFilAm

[stef]

You are welcome Oldutot! At least I'm appreciated for my efforts to help others! Oh BTW, I'm MrBBtheFilAm now! My friends call me Art! So you can call me Art and drop the Pinoy prefix!Thanks

Hi Art,What are the pros and cons with the Balikbayan stamp or the wife becoming a dual citizen

Put simply, A Dual Citizen won't need to do the 59 days tourist visa extensions every 2 month after their BB stamp has expired. I plan to go that route eventually, less of a immigration hassle if one plans to stay in the Philippines indefinitely and don't plan to take frequent trips outside of the Philippines! You can start a new thread on the immigration matters you are concerned about so more people can jump in to help you!

hi art just to let you know a dual citizen ( Filipino/brit or filam) who has both a Philippine passport and brit/American do not need a bb stamp they are a citizen here and can come and go as they please with no need for visa's here.

[Art2ro]

You are welcome Oldutot! At least I'm appreciated for my efforts to help others! Oh BTW, I'm MrBBtheFilAm now! My friends call me Art! So you can call me Art and drop the Pinoy prefix!Thanks

Hi Art,What are the pros and cons with the Balikbayan stamp or the wife becoming a dual citizen

Put simply, A Dual Citizen won't need to do the visa extension thing anymore. I plan to go that route eventually, less of a immigration hassle if one plans to stay in the Philippines indefinitely and don't plan to take frequent trips outside of the Philippines! You can start a new thread on the immigration matters you are concerned about so more people can jump in to help you!

hi art just to let you know a dual citizen ( Filipino/brit or filam) who has both a Philippine passport and brit/American do not need a bb stamp they are a citizen here and can come and go as they please with no need for visa's here.

Thanks for the reminder! I just worded it wrong, but still it's half ass correct. I edited the ones I could still get to. I truly know the difference between Dual Citizen, Balikbayan stamp, 13a or 13g visas, SRRV and the regular tourist 21-59 day visas. I just sometimes get in a rush and not proof read what I've just typed! I'll do better next time! Edited June 26, 2010 by MrBBtheFilAm

[Tom in Texas]

OK guys, I have invited Tom from Texas to this thread and maybe he can read it and clarify what it says according to a lawyer (him) and end all this discussion and hopefully make everyone happy. Let us wait to see if he will rule on this. :th_signs083:

Hi Lee,This is really not too complicated an issue.SHORT ANSWEROnce a Filipino citizen has left the Philippines for at least one year, and then returns to take up residence in the Philippines... or while continuing to reside outside the Philippines, returns to visit to the Philippines, that Filipino citizen is considered a “Balikbayan” by the Philippine BI, and after the initial one year period has passed, the length of time between subsequent visits to the Philippines does not matter. Example for expats - if your wife is a Filipino citizen who has once been out of the Philippines for at least one year, and you now enter the Philippines with her, she is a “Balikbayan” and you, as a foreign passport holder, are entitled to avail yourself of a visa-free entry for a period of one year. If your wife then leaves and re-enters the Philippines at anytime thereafter, including multiple times during the same twelve month period, each time she re-enters she is again considered a “Balikbayan” and you, if you re-enter with her as her, are again entitled to avail yourself of another visa-free entry for a period of one year from that entry. LONGER ANSWERStatutes, as legislatively promulgated, do not mean what they say... rather, statutes mean whatever they are subsequently interpreted to mean by courts, administrative agencies or others who are legally entitled to interpret the same through judicial decisions or administrative rules, regulations, pronouncements, etc., ... and to order application and enforcement of such statutes as so interpreted. FIRST - The Philippine Immigration Act of 1940, provides in part:Sec 3. The Commissioner of Immigration shall be appointed by the President... He shall be the administrative head of the Bureau of Immigration... He shall be in charge of the administration of all laws relating to the immigration of aliens into the Philippines and shall have the immediate control, direction and supervision of all officers, clerks and employees of the Bureau of Immigration. He shall issue... such rules and regulations and... and shall issue from time to time such instructions... as he shall deem best calculated to carry out the provisions of the immigration laws...SECOND - The Republic Act No. 6768, Entitled, “An Act Instituting a “Balikbayan Program,” enacted in 1989, provides in part:The following categories of persons can avail of the Balikbayan privilege: a) a Filipino citizen who has been continuously out of the Philippines for a period of at least one (1) year from the date of last departure; *** © a former Filipino citizen who had been naturalized in a foreign country and holds a foreign passport.A 'Balikbayan' is entitled to the following benefits: *** (b)Visa-free entry to the Philippines for a period of one (1) year, for a foreign passport holder; ***[balikbayan privilege] can also be availed of by [the family] of individuals in the above-mentioned categories, who are... holders of foreign passports, only if they are traveling to the Philippines together with the above-mentioned qualified individual. ***THIRD -An administrative pronouncement interpreting Balikbayan category (a) and ordering a specific enforcement of such category was made by the Commissioner of Immigration on June 4, 2001, to wit: "All Immigration Officers at authorized ports of entry shall grant the benefits and privileges to all Balikbayans and Former Filipinos included every time they enter the country to visit, regardless of their frequent travel".FOURTH -The Republic Act No. 9174, amending Republic Act No. 6768, Entitled, “An Act Instituting a “Balikbayan Program,” By Providing Additional Benefits to Balikbayan and for Other Purposes, enacted in 2002, provides in part: ***"SEC. 2. Definition of Terms. — For purposes of this Act: (a) The term "balikbayan" shall mean a Filipino citizen who has been continuously out of the Philippines for a period of at least one (1) year,... or a former Filipino citizen... who had been naturalized in a foreign country and comes or returns to the Philippines; ***"SEC. 3. Benefits and Privileges of the Balikbayan. — The balikbayan and his or her family shall be entitled to the following benefits and privileges: *** © Visa-free entry to the Philippines for a period of one (1) year for foreign passport holders... ***"SEC. 4. Limitations on Tax-exempt Purchases at all Government-owned and -Controlled/Operated Duty-free Shops. — The tax-exempt purchase privilege shall be subject to the following limitations: (a) Purchases shall be made within fifteen (15) calendar days from the date of arrival...one-time shopping basis only... (b) The privilege [duty-free, tax-exempt shopping] can be availed of by the balikbayan only once a year; ***FIFTH -The current Bureau of Immigration website, in an undated FAQ answer which refers in part to a July 1, 2008, memorandum, states in part:THE BALIKBAYAN PRIVILEGE (R.A.6768 as amended)By legal definition, a Balikbayan is: 1. A Filipino citizen who has been continuously out of the Philippines for a period of at least 1 year; *** 3. A former Filipino citizen and his or her family, who had been naturalized in a foreign country and comes or returns to the Philippines.• The “Balikbayan Privilege” may be availed of by foreign family members of all 3 classifications provided that they travel together every time they enter the country (MEMORANDUM dated July 1, 2008 issued by Atty. Edgardo L. Mendoza, Chief, IRD). ***SIXTH -A general announcement by the Philippine Ambassador to Singapore on the Philippine Embassy website, undated but presently the first entry on the June 27, 2010, Balikbayan information portion of the site, states in part: Please be informed that the pronouncement by then Bureau of Immigration Commissioner Andrea Domingo dated 04 June 2001 granting benefits and privileges to all Balikbayans and former Filipinos every time they enter the country to visit regardless of their frequent travel is still in effect. Family members (spouse and children holding foreign passports) of a Balikbayan (returning Filipino citizen or former Filipino citizen) are entitled to a visa-free entry to the Philippines for a maximum stay of one (1) year from the date of their arrival in the country each time they enter the country. The family members of a Balikbayan shall likewise be admitted as Balikayans on the condition that they (i) travel with the Balikbayan...GENERAL ANALYSIS OF ABOVE ITEMSBy item 3, on June 4, 2001, the Commissioner of Immigration, with proper authority to do so, administratively interpreted and ordered Balikbayan category (a) in Rep. Act 6768 to be applied so as to grant Balikbayan benefits and privileges to returning Filipino citizens every time they enter the country to visit... in other words, without regard to the last words of category (a), those being “from the date of last departure.” By item 4, in 2002, Rep. Act 9174 amended the definition of category (a) Balikbayan to delete those last words, to wit, “shall mean a Filipino citizen who has been continuously out of the Philippines for a period of at least one (1) year,” - thus conforming the definition to the Commissioner’s June 4, 2001, order. By item 5, the Bureau of Immigration, in an undated FAQ answer which refers in part to a July 1, 2008, memorandum, states that category (a) Balikbayan privileges may availed by family members every time they enter the courntry.By item 6, continuing to today, the Philippine Ambassador’s announcement confirms that the Commissioner’s June 4, 2001, order is still in effect.Therefore -- see Short Answer at first of this post.Tom in Texas

[UZI]

OK guys, I have invited Tom from Texas to this thread and maybe he can read it and clarify what it says according to a lawyer (him) and end all this discussion and hopefully make everyone happy. Let us wait to see if he will rule on this. :th_signs083:

Hi Lee,This is really not too complicated an issue.SHORT ANSWEROnce a Filipino citizen has left the Philippines for at least one year, and then returns to take up residence in the Philippines... or while continuing to reside outside the Philippines, returns to visit to the Philippines, that Filipino citizen is considered a “Balikbayan” by the Philippine BI, and after the initial one year period has passed, the length of time between subsequent visits to the Philippines does not matter. Example for expats - if your wife is a Filipino citizen who has once been out of the Philippines for at least one year, and you now enter the Philippines with her, she is a “Balikbayan” and you, as a foreign passport holder, are entitled to avail yourself of a visa-free entry for a period of one year. If your wife then leaves and re-enters the Philippines at anytime thereafter, including multiple times during the same twelve month period, each time she re-enters she is again considered a “Balikbayan” and you, if you re-enter with her as her, are again entitled to avail yourself of another visa-free entry for a period of one year from that entry. LONGER ANSWERStatutes, as legislatively promulgated, do not mean what they say... rather, statutes mean whatever they are subsequently interpreted to mean by courts, administrative agencies or others who are legally entitled to interpret the same through judicial decisions or administrative rules, regulations, pronouncements, etc., ... and to order application and enforcement of such statutes as so interpreted. FIRST - The Philippine Immigration Act of 1940, provides in part:Sec 3. The Commissioner of Immigration shall be appointed by the President... He shall be the administrative head of the Bureau of Immigration... He shall be in charge of the administration of all laws relating to the immigration of aliens into the Philippines and shall have the immediate control, direction and supervision of all officers, clerks and employees of the Bureau of Immigration. He shall issue... such rules and regulations and... and shall issue from time to time such instructions... as he shall deem best calculated to carry out the provisions of the immigration laws...SECOND - The Republic Act No. 6768, Entitled, “An Act Instituting a “Balikbayan Program,” enacted in 1989, provides in part:The following categories of persons can avail of the Balikbayan privilege: a) a Filipino citizen who has been continuously out of the Philippines for a period of at least one (1) year from the date of last departure; *** © a former Filipino citizen who had been naturalized in a foreign country and holds a foreign passport.A 'Balikbayan' is entitled to the following benefits: *** (b)Visa-free entry to the Philippines for a period of one (1) year, for a foreign passport holder; ***[balikbayan privilege] can also be availed of by [the family] of individuals in the above-mentioned categories, who are... holders of foreign passports, only if they are traveling to the Philippines together with the above-mentioned qualified individual. ***THIRD -An administrative pronouncement interpreting Balikbayan category (a) and ordering a specific enforcement of such category was made by the Commissioner of Immigration on June 4, 2001, to wit: "All Immigration Officers at authorized ports of entry shall grant the benefits and privileges to all Balikbayans and Former Filipinos included every time they enter the country to visit, regardless of their frequent travel".FOURTH -The Republic Act No. 9174, amending Republic Act No. 6768, Entitled, “An Act Instituting a “Balikbayan Program,” By Providing Additional Benefits to Balikbayan and for Other Purposes, enacted in 2002, provides in part: ***"SEC. 2. Definition of Terms. — For purposes of this Act: (a) The term "balikbayan" shall mean a Filipino citizen who has been continuously out of the Philippines for a period of at least one (1) year,... or a former Filipino citizen... who had been naturalized in a foreign country and comes or returns to the Philippines; ***"SEC. 3. Benefits and Privileges of the Balikbayan. — The balikbayan and his or her family shall be entitled to the following benefits and privileges: *** © Visa-free entry to the Philippines for a period of one (1) year for foreign passport holders... ***"SEC. 4. Limitations on Tax-exempt Purchases at all Government-owned and -Controlled/Operated Duty-free Shops. — The tax-exempt purchase privilege shall be subject to the following limitations: (a) Purchases shall be made within fifteen (15) calendar days from the date of arrival...one-time shopping basis only... (b) The privilege [duty-free, tax-exempt shopping] can be availed of by the balikbayan only once a year; ***FIFTH -The current Bureau of Immigration website, in an undated FAQ answer which refers in part to a July 1, 2008, memorandum, states in part:THE BALIKBAYAN PRIVILEGE (R.A.6768 as amended)By legal definition, a Balikbayan is: 1. A Filipino citizen who has been continuously out of the Philippines for a period of at least 1 year; *** 3. A former Filipino citizen and his or her family, who had been naturalized in a foreign country and comes or returns to the Philippines.• The “Balikbayan Privilege” may be availed of by foreign family members of all 3 classifications provided that they travel together every time they enter the country (MEMORANDUM dated July 1, 2008 issued by Atty. Edgardo L. Mendoza, Chief, IRD). ***SIXTH -A general announcement by the Philippine Ambassador to Singapore on the Philippine Embassy website, undated but presently the first entry on the June 27, 2010, Balikbayan information portion of the site, states in part: Please be informed that the pronouncement by then Bureau of Immigration Commissioner Andrea Domingo dated 04 June 2001 granting benefits and privileges to all Balikbayans and former Filipinos every time they enter the country to visit regardless of their frequent travel is still in effect. Family members (spouse and children holding foreign passports) of a Balikbayan (returning Filipino citizen or former Filipino citizen) are entitled to a visa-free entry to the Philippines for a maximum stay of one (1) year from the date of their arrival in the country each time they enter the country. The family members of a Balikbayan shall likewise be admitted as Balikayans on the condition that they (i) travel with the Balikbayan...GENERAL ANALYSIS OF ABOVE ITEMSBy item 3, on June 4, 2001, the Commissioner of Immigration, with proper authority to do so, administratively interpreted and ordered Balikbayan category (a) in Rep. Act 6768 to be applied so as to grant Balikbayan benefits and privileges to returning Filipino citizens every time they enter the country to visit... in other words, without regard to the last words of category (a), those being “from the date of last departure.” By item 4, in 2002, Rep. Act 9174 amended the definition of category (a) Balikbayan to delete those last words, to wit, “shall mean a Filipino citizen who has been continuously out of the Philippines for a period of at least one (1) year,” - thus conforming the definition to the Commissioner’s June 4, 2001, order. By item 5, the Bureau of Immigration, in an undated FAQ answer which refers in part to a July 1, 2008, memorandum, states that category (a) Balikbayan privileges may availed by family members every time they enter the courntry.By item 6, continuing to today, the Philippine Ambassador’s announcement confirms that the Commissioner’s June 4, 2001, order is still in effect.Therefore -- see Short Answer at first of this post.Tom in Texas

Hi Tom,Wow, what a clear & detailed reply. I hope you have sent your extremely large bill to Lee, you are worth it. :AddEmoticons04230:Please help me though with my understanding of your answer as it related to my specific question. That is:

Let's put forward a hypothetical scenario:British guy flies to Philippines & marries his sweetheart. He then returns to the UK to work & she remains here. He returns 3 months later to Hong Kong where his wife joins him for the day and they then fly into Manila together.So, DOES HE GET HIS PASSPORT STAMPED? Was he entitled to get his passport stamped?If the answer is NO - then that confirms that Expats cannot jump out with their wife & back in to get the stamp in less than 12 months. If the answer is Yes, I return to my original question, where is the LEGAL ruling that supports it.

If I have understood correctly, in my scenario then, the answer is NO under category A as the wife has not originally been out of the country for 1 year to qualify as a Balikbayan (this doesn't mean they are not given but that they were not entitled). Which unfortunately applies to many Expats here as they think the stamp is given by just being married to a Filipino as was the point I sort to clarify.I await your verdict M'lud Uzi.