Section 1. This Act shall be known as "The Philippine Immigration Act of 1940."
Sec. 2. Officials. - A Bureau of Immigration [now Commission on Immigration and Deportation] is established under a Commissioner of Immigration, who shall have two assistants, a First Deputy Commissioner of Immigration [now Associate Commissioner of Immigration] and a Second Deputy Commissioner of Immigration [now Associate Commissioner of Immigration]. For administrative purposes, the Bureau of Immigration [now Commission on Immigration and Deportation] shall be under the supervision and control of the Department of Labor [now Department of Justice] or of any other executive department which the President may subsequently determine.
Sec. 3. Appointment; term of office; compensation. - The Commissioner of Immigration shall be appointed by the President, with the consent of the Commission on Appointments of the National Assembly, and shall hold office at the pleasure of the President. He shall receive compensation at the rate of ten thousand pesos per annum.
Administrative head powers as such. - He shall be the administrative head of the Bureau of Immigration and shall possess the powers generally conferred upon bureau chiefs. He shall have 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, subject to the approval of the Department Head, such rules and regulations and prescribe such forms of bond, reports, and other papers, and shall issue from time to time such instructions not inconsistent with law, as he shall deem best calculated to carry out the provisions of the immigration laws. He shall submit a report to the President, in writing, of the transactions of his office, annually or oftener as the President may require.
Sec. 4. (a) Appointment; term of office; compensation. - The two Deputy Commissioners shall be appointed by the President, with the consent of the Commission on Appointments of the National Assembly, and they shall hold office at the pleasure of the President. The First Deputy Commissioner shall receive compensation at the rate of nine thousand pesos per annum and the Second Deputy Commissioner shall receive compensation at the rate of eight thousand four hundred pesos per annum. During the absence or disability of the Commissioner, the First Deputy Commissioner shall act as Commissioner, and during the absence or disability of both the Commissioner and the First Deputy Commissioner, the Second Deputy Commissioner shall act as Commissioner, and the Deputy Commissioner who shall so act as Commissioner, shall perform the duties of the latter in addition to his own duties.
(b) No person shall be appointed Commissioner or Deputy Commissioner unless he be a natural-born citizen of the Philippines and is at least thirty years of age.
Sec. 5. (a) The position of Immigrant Inspector is created, appointments to which shall be made upon the recommendation of the Commissioner of Immigration in accordance with the Civil Service Laws.
(b) Whenever he shall deem it necessary, the Commissioner of Immigration may appoint, with the consent of the proper Department Head, any qualified employee of the Government to serve as Acting Immigrant Inspector Acting Immigrant Inspectors shall have the same powers and authority as Immigrant Inspectors.
Sec. 6. Powers of Immigration Officer. - The examination of aliens concerning their right to enter or remain in the Philippines shall be performed by Immigrant Inspectors with the advice of medical authorities in appropriate cases. Immigrant Inspectors are authorized to exclude any alien not properly documented as required by this Act, admit any alien complying with the applicable provisions of the immigration laws and to enforce the immigration laws and regulations prescribed thereunder. Immigrant Inspectors are also empowered to administer oaths, to take and consider evidence concerning the right of any alien to enter or reside in the Philippines, and to go aboard and search for aliens on any vessel or other conveyance in which they believe aliens are being brought into the Philippines. Immigrant Inspectors shall have the power to arrest, without warrant, any alien who in their presence or view is entering or is still in the course of entering the Philippines in violation of immigration laws or regulations prescribed thereunder.