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| Tourist Boom or Doom? By Elsa B. Bayani [email protected] I started pursuing this issue on June 7, 2004. Details of our experience follow: We traveled to the Philippines with our 4 year-old granddaughter, GABRIELLE BAYANI, a U.S. citizen, born to U.S. citizen parents. We arrived at the NAIA (Ninoy Aquino International Airport), Pasay City on January 3, 2004. We were picked out from the immigration line to go to the Office nearby because our granddaughter, a U.S. citizen, was traveling not with her own parents, falls under EXCLUDED CLASSES admissible only �at the discretion of the Commissioner of Immigration and upon payment of P3,120.00� to the Bureau of Immigration. To avoid payment, documents of Gabrielle were presented to Immigration, to wit: 1. U.S. Passport � also showing recent admission to United Kingdom � no entry fee; 2. Birth Certificate � born in U.S. to U.S. citizen parents; 3. Affidavit of Gabrielle�s mother (Emerald Bayani) giving Gabrielle permission to travel with us � notarized by a Notary Public and re-notarized by the Honorary Consul General of New Orleans Philippine Honorary Consulate for a fee of $35.00; 4. Affidavit of Elsa Bayani, grandmother, taking responsibility for Gabrielle�s safety and general welfare on this trip, notarized by Notary Public and re-notarized by Honorary Consul General for a fee of $35.00 � total fees for 2 affidavits = $70.00; 5. Itinerary of Gabrielle with scheduled return to U.S. on Feb. 3, 2004; 6. Itinerary of Gabrielle�s mother showing arrival in Manila on January 18, 2004 and scheduled return flight to U.S. on Feb. 3, 2004 (same as Gabrielle�s); 7. Gabrielle�s birth certificate (born in U.S.); 8. Gabrielle�s mother, Emerald Bayani�s US Passport data page copy; These documents were photocopied by Immigration at the NAIA. Despite these, we were told to pay P3,120.00 or Gabrielle will be detained at the airport. I demanded for the basis before paying that amount. I was given excerpts of the law, as follows, which allegedly applied to Gabrielle: EXCLUDED CLASSES Philippine Immigration Act Section 29(a)(5) Persons most likely to become a public charge. Section 29(a)(12) Children under fifteen years of age, unaccompanied by or not coming to a parent, except that any such children may be admitted in the discretion of the Commissioner of Immigration, if otherwise admissible; Section 29(a)(17) Persons not properly documented for admission as may be required under the provisions of this Act. The Immigration warned us that Gabrielle, 4 years old, will be detained at the airport for nonpayment of P3,120.00 as demanded. I was directed to the money exchange counter where I had a $100 bill changed to P5,500 pesos cash. In order for Gabrielle to avoid detention after traveling for 30 hours and be released to be admitted to the Philippines with us, we paid P3,120.00 itemized as follows in 2 separate receipts, (1) and (2). Here is the provision of law given to me: Republic of the Philippines DEPARTMENT OF JUSTICE BUREAU OF IMMIGRATION NAIA, Pasay City Pursuant to Section 42(a) of the Philippine Immigration Act (PIA), as amended and approved by the Secretary of Justice on 01 July 1999 which took effect since November 25, 1999 to wit: WAIVER OF EXCLUSION GROUND (WEG) Section 29(a)(12) Philippine Immigration Act (PIA) of 1940 Children under fifteen years of age, unaccompanied by or not coming to a parent, except that such children shall be admitted in the discretion of the Commissioner of Immigraion, if otherwise admissible. FEES PAYABLE: Application Fee P2,000.00 WEG Fee P600.00 LRF P20.00 ( Legal Research Fee) Exp. Lane Fee P500.00 (Express Lane) TOTAL P3,120.00 Note: All payments shall have a corresponding Bureau of Immigration official receipt. The following are 2 receipts for items paid: Receipt (1) Republic of the Philippines BUREAU OF IMMIGRATION Manila Original OFFICIAL RECEIPT No. M-10687778 Date of Receipt 01-03-2004 10:30:11 a.m. Payor: GABRIELLE BAYANI Nature of Collection Amount Express Lane Fee P500.00 TOTAL P500.00 Amount in Words: FIVE HUNDRED PESOS & 00/100 RECEIVED THE AMOUNT STATED ABOVE MARCELITA V. GARFIN Cashier III By (SGD)VILLANUEVA Collecting Officer Receipt (2) Original OFFICIAL RECEIPT No. M-10684208 Date of Receipt 01-03-2004 10:30:11 a.m. Payor: GABRIELLE BAYANI Nature of Collection Amount APPLICATION P2,000.00 WEG FEE 600.00 LEGAL RESEARCH FEE 20.00 TOTAL 2,620.00 Amount in Words:TWO THOUSAND SIX HUNDRED TWENTY PESOS &00/100 RECEIVED THE AMOUNT STATED ABOVE MARCELINA V. GARFIN Cashier III By (SGD) VILLANUEVA Collecting Officer Gabrielle Bayani traveled to the United Kingdom in September � October 2003 with me and had the same documents (not authenticated by British Embassy in U.S. because she is a U.S. citizen) presented at the port of entry, Heathrow Airport, London, was allowed to enter the U.K without paying any fee. Back to the NAIA immigration in Manila - We were escorted back to the immigration line after paying P3,120.00 and our passports (grandparents) were stamped ONE YEAR to remain in the Philippines. Gabrielle�s passport was stamped a different length of stay � not according to her documents, or her return ticket. Gabrielle�s mother arrived January 18, 2004 in Manila. She will return to U.S. with Gabrielle on Feb. 3, 2004. On Feb. 3, 2004, at the NAIA, Gabrielle�s mother, Emerald Bayani, was being required to pay P2,500 before they could leave the country. Emerald was told that Gabrielle is an �illegal alien� from January 25, 2004 because her passport was stamped giving her only up to January 24 (21 days) to stay. She should have left the Philippines. Rather, she had �overstayed�. We did not check her passport because the Immigration granted us (Gabrielle�s travel guardians) ONE YEAR to stay and we were not advised that Gabrielle can only stay 21 days. Her mother did not check her passport. We did not check that, too. We assumed she was allowed to enter, because she is a minor and cannot travel alone, her stay is either based on our length of stay (ONE YEAR) or based on her itinerary and that of her mother�s, Emerald Bayani, which documents were presented to Immigration. The immigration officer directed her to a window nearby and was told by the cashier to pay P2,500. She asked what she was paying for and was told it was a �penalty� based on Gabrielle�s entry visa which expired January 24, 2004. She �overstayed� 10 days as an �illegal alien�. DOES THIS MAKE SENSE TO YOU? Advisory from personal experience � U.S. CITIZENS and all �balikbayans� for purposes of this law - think before you make that trip with a minor to the Philippines � the Immigration at the port of entry in Manila (or Cebu) will require you to pay P3,120.00 pesos for the minor before she will be allowed to enter the country. Her mother refused to pay P2,500 and challenged the Immigration to turn her over to the U.S. Embassy because she is a U.S. citizen instead of detaining her at the airport. The Immigration supervisor was called to intervene and after a brief huddle with another Immigration personnel, as though she was doing the mother and her daughter a favor, �will allow them to leave without a penalty�. COULD THIS INCIDENT HAVE BEEN AN OPPORTUNITY FOR CORRUPTION? This incident has raised concerns from the Filipino communities overseas and many feel that this is a turn-off to the TOURISM PROGRAM of the government. There have been several changes to the 1989 Balikbayan Law, as amended by Republic Act 9174 in 2002. There were relaxed rules based on the interpretation of the law regarding documentations required prior to entering the Philippines and primarily to ease the travels of returning Filipinos and their relatives by blood or legal affinities who are confronted by having to pay unexpected �fees� at the port of entry. In my research regarding this issue of minors entering the Philippines, I have documented inconsistencies in the implementation of this law despite the original provisions of RA 6768, amended by RA 9174, and the implementation rules from the Aquino to the Estrada administrations. These inconsistencies are PERFECT OPPORTUNITIES FOR CORRUPTION and have caused many returning �balikbayans� to harbor bad images abroad about the Philippine government which we now consider VERY CORRUPT IN THESE AND OTHER INSTANCES. If this is a law in effect or a rule regarding the entry of �balikbayans� covered by such law or rules, we need clarification in order to know what to expect and to decide whether, under such unpleasant surprises upon arrival at the airports, we still want to visit the Philippines by condoning such CORRUPT PRACTICES. I have sent this story to the Philippine media and has been published June 20, 22, 24, and carried daily in the ManilaMail.com by FD Pascual. On June 24, Rina Jimenez-David wrote about it in the inq.7.net under the article MUSIC ACROSS THE MILES. The Philippine Reporter, a local tabloid in Toronto, Canada also picked up the story. It also appeared in the printed issues of the Philippine Star circulated in the Philippines according to calls received from our friends living there. Their comments ranged from �WHY HIT THE MINORS�, �WHY THE CHILDREN?� �WHY U.S. CITIZENS?� �WHY THE BALIKBAYANS� � they keep the Philippines afloat with remittances of $8 Billion dollars on record for 2003. �WHAT DO THE EMBASSIES ABROAD ADVISE�. I am asking the same questions and hope to receive official statements from the agencies concerned. So far, NONE at this writing. That�s why, I am pursuing the issue. I will assume responsibility for disseminating the official statement of the Philippine government as soon as I receive one in order to inform the international Filipino communities regarding the outcome of this issue � �GABRIELLE ALERT� � MINORS PAY P3,120 PESOS TO ENTER THE PHILIPPINES. I will highly appreciate your kind and prompt attention to this matter. Thank you. SIGNED FOR TRANSMISSION: ELSA BAYANI |