Policy, purpose, and public interest
- The Letter of Instructions directs passport cancellation for Filipino citizens who, due to illegal activities or acts in a foreign country, do not deserve the continued protection of the Philippine government.
- The Letter of Instructions is designed to compel such Filipino citizens to return to the Philippines so they may be held answerable before Philippine courts.
- Passport cancellation is treated as a public-interest measure connected to accountability before Philippine courts.
Who must have passports cancelled
- The Minister of Foreign Affairs must cancel, or cause the cancellation of, passports issued to Filipino citizens covered by the listed cases.
- The first covered case applies when a Filipino citizen is facing charges in a Philippine court and has absconded from the Philippines to evade criminal prosecution.
- The second covered case applies when, after investigation and hearing by the Ministry of Foreign Affairs or a proper Philippine consulate, or upon classified information from the Ministry of National Defense, it appears that a Filipino citizen residing or sojourning abroad is actively engaged in specified conduct.
Grounds based on absconding prosecution
- Passport cancellation is required when the Filipino citizen is facing charges in a Philippine court.
- Passport cancellation applies only if the Filipino citizen has absconded from the Philippines.
- Passport cancellation applies because the purpose of absconding is to evade criminal prosecution.
Grounds based on investigation, hearing, or classified information
- Passport cancellation is required when an investigation and hearing conducted by the Ministry of Foreign Affairs or by the proper Philippine consulate shows the qualifying circumstances.
- The qualifying circumstances include a Filipino citizen abroad being actively engaged in a criminal conspiracy.
- The criminal conspiracy must be to seize political or state power in the Philippines and to take over the Government by force or violence.
- Passport cancellation is also required when investigation and hearing show the Filipino citizen is violating Philippine laws.
- Passport cancellation may be based on classified information from the Ministry of National Defense that supports the qualifying circumstances.
Implementation authority and required actions
- The Minister of Foreign Affairs is authorized and directed to cancel, or to cause the cancellation of, passports for covered Filipino citizens.
- The Minister of Foreign Affairs must conduct implementation through the ministry’s processes and overseas diplomatic posts when applicable.
- The Minister of Foreign Affairs is authorized and directed to issue whatever rules and regulations are necessary for the proper and effective implementation by the Ministry of Foreign Affairs.
- Implementation is effective immediately upon issuance.
Date and formal directive
- The directive is dated and executed in the City of Manila on August 01, 1981.
- The directive is issued by President Ferdinand E. Marcos.
- The letter states that it is done on the 1st day of August, in the year of Our Lord, nineteen hundred and eighty-one.