Midterms_FS 145 b

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MIDTERM EXAMINA TIO NS FS 145: Philippine Immigration Law Name: !ear Le"el #$o%r&e: I' M%ltiple $hoi(e: $hoo&e the )e&t an&wer among the gi"en (hoi(e&' *rite the letter (orre&pon+i an&wer on the &pa(e pro"i+e+ -or' 1' A -oreigner who &ee.& a+mi&&ion -or the p%rpo&e o- +e"eloping an+ +ire(ting the operati enterpri&e in the Philippine&' a' Treat, Tra+er )' Treat, In"e&tor (' Treat, Spe(iali&t +' None o- the a)o"e /' It ha& the power to a%thori0e an+ 2 the amo%nt o- )ail -or the relea&e +eportation pro(ee+ing&' a' $ommi&&ioner )' 3oar+ o- Spe(ial In %ir, (' 3oar+ o- $ommi&&ioner& +' Immigration 6(er 7' A -oreigner who i& entering the Philippine& &olel, to (arr, on tra+e or (om Philippine& an+ the (o%ntr, to whi(h he i& a national p%r&%ant to an e2i&ting treat, o- (ommer(e na"igation' a' Treat, Tra+er )' Treat, In"e&tor (' Treat, Spe(iali&t +' None o- the a)o"e 4' *ho ha& the a%thorit, to i&&%e 89e "i&a&; a' Department o- Foreign A<air& )' 3%rea% o- Immigration (' Department o- La)or an+ Emplo,ment +' All o- the a)o"e 5' The ena(tment o- immigration law& ), $ongre&& i& an e2er(i&e o- === a' Poli(e Power )' Power o- Eminent Domain (' Power o- Ta2ation +' A+mini&trati"e Power >' *hi(h o- the -ollowing ha& the a%thorit, to a+mit alien& pre"io%&l, remo"e+ or +eporte+ Philippine& )e(a%&e o- in+igen(,; a' $ommi&&ioner o- Immigration )' 3oar+ o- Spe(ial In %ir, (' Immigration 6(er +' 3oar+ o- $ommi&&ioner& ?' It i& an alarm i&&%e+ ), the $ommi&&ioner o- Immigration that re %ire& immigration per a%thori0e+ port& o- entr, to imme+iatel, noti-, the appropriate go"ernment agen(, o- +epart%re o- a tra"eler' a' @ol+ Depart%re r+er )' Allow Depart%re r+er (' *at(hli&t r+er +' 3la(.li&t r+er ' A per&on who i& in tran&it to a +e&tination o%t&i+e the Philippine& i& a === a' Temporar, "i&itor )' Tran&ient (' E2patriate +' Itinerant "i&itor 8' It i& the a%thorit, i&&%e+ ), the Se(retar, o- La)or an+ Emplo,ment to a non=re&i+ent a in the Philippine&' a' $F $learan(e )' Emplo,ment permit (' **A $learan(e +' E$ $learan(e 1B' *hat i& the +%ration o- a pre=arrange+ emplo,ee "i&a; a'1 ,ear )'/ ,ear& ('7 ,ear& +'None o- the a)o"e 11' The -ollowing are %ali (ation& o- a $ommi&&ioner o- Immigration e2(eptC === a' Nat%ral=)orn Filipino (iti0en )' At lea&t thirt,=,ear& o- age (' Re&i+ent o- the Philippine& +' None o- the a)o"e 1/' The -ollowing are %ali (ation& o- a -oreign &t%+ent C e2(ept === a' At lea&t 1 ,ear& o- age )' *ith &%6(ient mean& o- &%pport -or e+%(ation (' M%&t )e a (iti0en o- a (o%ntr, with whom the Philippine& ha& an e2i&ting -oreign relation&

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Immigration Law Exam

Transcript of Midterms_FS 145 b

MIDTERM EXAMINATIONS

FS 145: Philippine Immigration Law

Name: __________________________________________

Year Level /Course: _________________________

I. Multiple Choice: Choose the best answer among the given choices. Write the letter corresponding to your answer on the space provided for.

_____1. A foreigner who seeks admission for the purpose of developing and directing the operations of an enterprise in the Philippines.

a. Treaty Trader

b. Treaty Investorc. Treaty Specialist

d. None of the above

_____2. It has the power to authorize and fix the amount of bail for the release of any respondent in deportation proceedings.

a. Commissioner b. Board of Special Inquiryc. Board of Commissionersd. Immigration Officer

_____3. A foreigner who is entering the Philippines solely to carry on trade or commerce between the Philippines and the country to which he is a national pursuant to an existing treaty of commerce and navigation.

a. Treaty Trader

b. Treaty Investorc. Treaty Specialist

d. None of the above

_____4. Who has the authority to issue 9(e) visas?

a. Department of Foreign Affairs b. Bureau of Immigration c. Department of Labor and Employment d. All of the above

_____5. The enactment of immigration laws by Congress is an exercise of ---

a. Police Power

b. Power of Eminent Domain

c. Power of Taxation d. Administrative Power

_____6. Which of the following has the authority to admit aliens previously removed or deported from the Philippines because of indigency?

a. Commissioner of Immigration b. Board of Special Inquiry c. Immigration Officer d. Board of Commissioners

_____7. It is an alarm issued by the Commissioner of Immigration that requires immigration personnel at authorized ports of entry to immediately notify the appropriate government agency of the entry or departure of a traveler.

a. Hold Departure Order

b. Allow Departure Orderc. Watchlist Order

d. Blacklist Order

_____8. A person who is in transit to a destination outside the Philippines is a ---

a. Temporary visitor

b. Transient

c. Expatriate

d. Itinerant visitor

_____9. It is the authority issued by the Secretary of Labor and Employment to a non-resident alien to work in the Philippines.

a. CFO Clearance

b. Employment permit

c. OWWA Clearance

d. OEC Clearance

_____10. What is the duration of a pre-arranged employee visa?

a. 1 year

b. 2 years

c. 3 years

d. None of the above

_____11. The following are qualifications of a Commissioner of Immigration except, ---

a. Natural-born Filipino citizen b. At least thirty-years of age c. Resident of the Philippines d. None of the above

_____12. The following are qualifications of a foreign student, except ---

a. At least 18 years of age;

b. With sufficient means of support for education;

c. Must be a citizen of a country with whom the Philippines has an existing foreign relations;

d. None of the above.

_____13. It is the power of immigration officers to deny entry to an alien who fails to establish right to enter Philippines.

a. Power of denialb. Power of exclusion

c. Preventive power

d. Deportation power

_____14. A foreigner entering the Philippines must have a passport valid for at least ---

a. 12 months

b. 8 months

c. 3 months

d. 6 months

_____15. Holders of Hong Kong Special Administrative Region (SAR) passports are entitled to how many days of visa-free stay in the Philippines?

a. 21 days

b. 14 days

c. 7 days

d. None of the above.

II. True or False. Write T if the statement is true and F if false.

_____1. Immigration officers may arrest an alien who, in their presence or view, is entering the Philippines in violation of immigration laws.

_____2. The Commissioner of Immigration has no authority to cancel passports.

_____3. The entry and admission of foreigners into the Philippines is a matter of right.

_____4. Foreign newsmen and journalists from countries with which the Philippines has diplomatic relations who are entering for a stay of not more than 59 days are exempted from non-immigrant visa.

_____5. The term seaman refers to one who is employed in any capacity on board a civilian aircraft.

_____6. An alien performing an occupation or work of a clerical nature is qualified for business visitor visa.

_____7. Immigration officers may conduct boarding operation on military vessels or aircrafts.

_____8. An alien is entitled to an extension of his stay as a matter of right.

_____9. An alien admitted on a student visa may transfer schools without informing the Bureau of Immigration.

_____10. An indigent alien voluntarily repatriated to his home country is automatically blacklisted from returning to the Philippines.

III. Identification. Write Y if the country listed is entitled to the 30-day visa-waived stay and N if not.

_____1. United Kingdom

_____6. Tuvalu

_____11. South Africa

_____2. India

_____7. Lesotho

_____12. Afghanistan

_____3. Mexico

_____8. Honduras

_____13. Gabon

_____4. Indonesia

_____9. Iraq

_____14. Republic of Korea

_____5. Seychelles

_____10. Singapore

_____15. Democratic Peoples Republic of Korea

IV. Essay. (10 pts. each)

1. Explain the right to self-preservation of a State as basis for Immigration Law.

2. Ang Lee, a Chinese national, is married to Girlie Santos, a Filipina. They have been living in China for one year, since January 2014. Girlie would like to visit her sick mother in the Philippines so she came home, together with his husband Lee. At the airport, Ang Lee ask the immigration officer for a Balikbayan visa which allows him to stay in the Philippines for one year. The officer refused, stating that the Balikbayan visa is available only to former Filipino citizens. Is the immigration correct?

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