QuestionsQuestions (Republic Act No. 8239)
The Act is premised on the people’s constitutional right to travel being inviolable. The government has the duty to issue passports or other travel documents to qualified citizens, and the right may only be impaired when national security, public safety, or public health requires it. Only minimum requirements should be imposed, and actions on applications should be expedited.
The Secretary must be satisfied the applicant is a Filipino citizen and has complied with requirements such as: duly accomplished application and photos; authenticated/duly issued birth certificate (or delayed registration certification with certificate of live birth; or baptismal certificate/affidavit alternatives depending on circumstances); marriage/divorce-related civil registry documents when applicable; naturalization certificate copies for naturalized citizens; consent and DSWD clearance for minors depending on the travel companion; adoption documents for adopted persons; and rules on discrepancies in names.
If below age of majority: (1) an affidavit of consent from a parent as indicated in the passport application if traveling with either parent; and (2) a clearance from the Department of Social Welfare and Development if traveling with a legal guardian or a person other than a parent.
The applicant must apply for delayed registration of birth with the Office of the Civil Registrar General. The OCRA/office issues a certification of pending delayed registration with an attachment: a copy of an accomplished certificate of live birth. These are sufficient to support the passport application in addition to other documents the Department may require.
For those who are members of a Christian religious organization, a baptismal certificate attesting early admission as a Filipino citizen, plus a joint affidavit by two persons with personal knowledge of the date/place of birth, citizenship, and parents’ names. Non-believers are exempt from baptismal certificate and instead submit an affidavit corroborated by at least two persons of good reputation who personally know the fact.
The Act provides: (1) Diplomatic passports for persons with diplomatic status or on diplomatic mission (enumerated officials and certain family members); (2) Official passports for officials on official trip abroad who are not on diplomatic mission or delegates, etc.; and (3) Regular passports for all other Filipino citizens not eligible for diplomatic/official passports. It also allows qualified government officials/employees to hold two passports simultaneously for official/diplomatic travel and private travel.
Denial: (a) court orders to hold departure due to pending criminal case; (b) request by natural/legal guardian for a minor; (c) violation of provisions of the Act; (d) disqualification under existing laws. Cancellation: if fugitive from justice; conviction of a criminal offense (restorable after service of sentence); passport acquired fraudulently/tampered. Restriction: destination political instability posing danger; fractured/severed diplomatic ties; destination subject to travel restriction by government policy, UN action, or in a state of war.
The aggrieved person may appeal to the Secretary of Foreign Affairs from whose decision judicial review may be had to the courts in due course.
Regular passports are valid for five (5) years, but the issuing authority may limit validity to less than five (5) years when necessary for national economic interest or political stability.
The passport remains at all times the property of the Government. The holder is only a possessor while it is valid and cannot surrender it to any entity other than the government or its representative. Voluntary surrender for storage and safekeeping is allowed to a Philippine Service Post with a receipt.
The passport includes the applicant’s full name but shall not include titles or profession/job description. If the applicant’s name changes by court order, a certified copy of the court order/decree must be submitted together with birth certificate or old passport.
The loss/destruction must be immediately reported to the Department or the Post, and the holder must submit an affidavit detailing the circumstances. If in the Philippines, copies must be furnished to the NBI and Bureau of Immigration; if abroad, the Post forwards copies to the Department’s consular/legal/intelligence offices for transmittal to NBI and BI. No new passport is issued until satisfactory proof and after a 15-day waiting period from affidavit submission, subject to certain waivers and possible issuance of a Travel Document for safe return.
The Act penalizes: unauthorized issuance/verification of passports; authorized diplomatic/consular officials granting passports to those not entitled; false statements in applications; use of passports obtained through false statements; forgery/counterfeiting/mutilation/alteration of passports or supporting documents; improper use (using another person’s passport, violating conditions, furnishing passport to another, defacing/destroying); and multiple possession. Penalties generally range from fines and imprisonment, with higher penalties for massive forgery (e.g., five or more documents).
Generally, no—no person may hold more than one valid passport, except as provided in Section 7. Section 7 allows certain government officials/employees (during incumbency) to hold two passports simultaneously: one regular for private travel and one diplomatic/official for official business.