Overstaying in the Philippines is a serious violation of Commonwealth Act No. 613, also known as the Philippine Immigration Act of 1940. When an individual exceeds their authorized stay for a period as significant as five years, the legal consequences transition from simple administrative fines to mandatory deportation and long-term blacklisting.

Below is a comprehensive breakdown of the financial penalties, legal repercussions, and the required process for resolution.

1. Financial Penalties: The Breakdown

For a five-year overstay, the Bureau of Immigration (BI) computes fees based on every month of illegal stay. While exact figures fluctuate based on the specific visa type (e.g., 9a Tourist Visa), the general components include:

Monthly Overstaying Fine: Roughly ₱500 to ₱1,000 per month.
Motion for Reconsideration (MR): Required for overstays exceeding six months. For five years, multiple MRs or a high-level appeal may be necessary, costing several thousand pesos.
Application for Extension Fees: You must retroactively pay for every missed extension period (usually every 2 months).
Alien Certificate of Registration (ACR) I-Card: Fees for the card and annual report arrears for each of the five years.
Legal Research Fee: A standard add-on for every transaction.

Estimated Total: For a five-year overstay, an individual should expect to pay between ₱150,000 and ₱300,000, depending on the number of missed extensions and legal complexities.

2. Mandatory Legal Consequences

Staying illegally for five years automatically triggers more than just monetary fines. The following legal actions are standard:

NBI Clearance: You will be required to obtain a clearance from the National Bureau of Investigation (NBI) to ensure no criminal records were accrued during the overstay.
Blacklisting: An overstay of this duration almost guarantees placement on the BI Blacklist. This prohibits future re-entry into the Philippines unless a formal "Lifting of Blacklist" is granted years later.
Deportation Order: The BI Board of Commissioners will likely issue a formal Summary Deportation Order.

3. The "Lapse of Stay" and the 24-Month Rule

Under current BI regulations, foreigners who have overstayed for more than 24 months (2 years) are generally no longer allowed to simply "pay and stay."

Crucial Note: Once you surpass the two-year mark, the Bureau typically mandates a "Voluntary Deportation" or "Out-Pass" process. You are required to pay the penalties and leave the country immediately; you cannot extend your visa to remain in the Philippines further.

4. The Resolution Process: Step-by-Step

To resolve a five-year overstay, the individual (often through legal counsel) must follow these steps:

File a Motion for Reconsideration: Explain the reasons for the overstay to the Law Division of the BI.
Assessment and Payment: Obtain the official "Order of Payment" and settle all accumulated fines at the BI Main Office in Intramuros.
Application for Departure Clearance Certificate (ECC): Since the stay exceeded six months, an ECC is required to prove you have no pending local liabilities.
Order to Leave: The BI will issue a timeframe (usually 15–30 days) within which the individual must depart.
Implementation of Blacklist: Upon departure, the individual’s name is recorded in the derogatory database.

5. Potential Aggravating Factors

Working without a Permit: If the overstayer was employed during those five years, additional fines for violating the Labor Code and the "No-Permit, No-Work" rule apply.
Criminal Records: Any pending court cases in the Philippines will prevent departure until the case is legally dismissed or the sentence is served.

Disclaimer: This article is for informational purposes only and does not constitute formal legal advice. Immigration laws and fees are subject to change by the Department of Justice (DOJ) and the Bureau of Immigration.

Would you like me to draft a sample Motion for Reconsideration or provide a checklist of the documents needed for an Emigration Clearance Certificate (ECC)?