Policy and purpose of protection
- The order declares the State’s policy to provide protection to minors against exploitation, improper influence, abuse, hazards, and other conditions prejudicial to physical, mental, emotional, social, and moral development.
- The order emphasizes that a child is one of the most important assets of the nation and directs that efforts be exerted to promote the child’s welfare and provide opportunities for a better life.
- The procedures established under the order are designed to prevent child trafficking and to ensure that the traveling companion can care for the minor and be responsible for the minor’s welfare.
Key definitions used in the guidelines
- A “Minor” is a person below 18 years of age unless emancipated by law.
- “Protection” is safeguarding the child’s welfare by intervening to prevent or stop further exploitation, improper influence, hazards, and other conditions prejudicial to welfare.
- “Exploitation” refers to the use of a minor with or without consent for one’s own advantage or profit.
- “Child trafficking” refers to carrying on trade or exchange of a child for monetary or any form of consideration.
- An “Applicant” is the father, mother, or legal guardian or the person with whom the minor is traveling.
- A “Sponsoring person” is the person who takes care of traveling and other expenses to support the child while the minor is abroad.
Who must apply and where
- All minors unaccompanied by biological parents or legal guardians who travel outside the Philippines must apply for a Certification to Travel.
- Minors traveling together with the person with whom the minor is traveling jointly with the parents or legal guardians who are traveling outside the Philippines must also apply for a Certification to Travel.
- The application must be filed at the DSWD Municipal or City District Office that has jurisdiction over the applicant’s residence.
- The application is filed through the minor’s parents/legal guardians or the person with whom the minor is traveling.
Processing steps and social work evaluation
- The Supervising Social Welfare Officer (SSWO) must explain the issuance’s purpose to the applicant:
- To prevent child trafficking, and
- To ensure the traveling companion’s responsibility for the minor’s welfare.
- The SSWO must discuss the process with the applicant as follows:
- initial interview;
- assessment/evaluation;
- submission of requirements within a week from application; and
- recommendation with enclosed requirements forwarded to the Secretary through the Philippine Intercountry Adoption Unit for decision.
- If the applicant desires to pursue the application after being informed, the SSWO must require the applicant to accomplish form PS-CT 001.
- The SSWO must review the contents of PS-CT 001 and validate or revoke information, including:
- purpose of travel;
- reason for bringing the minor abroad;
- why parents cannot accompany the minor;
- relationship between the minor and the traveling companion;
- degree of relationship already fostered with the minor by the traveling companion;
- why the traveling companion was chosen;
- destinations with complete addresses and telephone numbers;
- length of stay abroad at each destination;
- expected date of return (when appropriate);
- relationship of the minor and traveling companion/sponsoring person (when appropriate); and
- how close the relationship of the sponsoring person with the minor and the traveling companion is (when appropriate).
- If the SSWO finds a presumptive basis for pursuing travel, the SSWO must:
- make an appointment with the applicant;
- conduct home-visits; and
- conduct two collateral interviews to validate information.
- An interview with the minor must be conducted when appropriate.
- If the social worker concludes that she cannot recommend the minor’s travel after thorough evaluation, she must:
- immediately discuss the reasons with the applicant; and
- forward her report to the Provincial Social Welfare Officer, with a copy furnished to the Secretary.
- If the SSWO has a satisfactory evaluation during the home-visit, the SSWO must require the applicant to submit the additional requirements within a maximum of two weeks and provide the accomplished checklist for reference.
Required documents and conditional add-ons
- The SSWO requires the applicant to submit General Requirements, including:
- Birth Certificate of the minor (Certified Copy);
- Marriage Certificate of the minor’s parents, if appropriate;
- Affidavit of consent to travel by both parents or legal guardian;
- Affidavit of support by the sponsoring party, indicating employment and salary certified by employer;
- consent of other spouse, in the absence of one spouse or if spouses are separated;
- Current income tax returns of sponsoring person and parents with official confirmation receipt;
- evidence of current income or employment, including bank certificates and bankbook;
- Passport and visa of the traveling companion;
- Visa petition approval for immigrant child;
- School acceptance for student;
- Medical clearances of traveling companion and child; and
- Power of attorney from parents/legal guardian for traveling companion to take care of the child.
- The SSWO requires Additional Requirements depending on the minor’s status:
- If the minor is adopted, the applicant must submit:
- Certified copy of Adoption Decree and Entry of Judgment;
- copy of home and child study reports submitted in court;
- Amended Birth Certificate;
- copy of consent to adoption/decree of abandonment/decree of voluntary commitment by biological parents; and
- clearance from the Office of the Solicitor General.
- If the minor is under legal guardianship, the applicant must submit:
- Certified Copy of Letter of Guardianship/Court Order; and
- copy of home and child study reports submitted in court.
- If the minor is adopted, the applicant must submit:
- The SSWO must report using prescribed format PS-CT Form 001 for review of the Branch In-charge, and then forward the final report to the Secretary with the Checklist of Requirements (PS-CT Form 002) and supporting documents.
- The SSWO must leave one copy of the set for the file of the Branch Office.
Role of Philippine Intercountry Adoption Unit
- The Philippine Intercountry Adoption Unit (PIAU) must record the application in a logbook and issue an Applicant’s Number, which serves as record and reference for both parties (PS-CT 003).
- The PIAU must review the report and supporting documents and prepare a Certificate of Approved Travel when indicated for the approval/disapproval of the Secretary.
- The PIAU must inform the applicant of the action taken within three days after receipt of the documents, with a copy furnished to the Provincial Social Welfare Officer.
- If travel is approved, the Certificate of Approved Travel must be attached.
- For adoption upon notice of approval, the applicant must pay the Certification Fee through check or money order, and the PIAU must forward the certification to the applicant or allow pickup in person.
Implementation, reporting, and signatures
- The requirements and procedures must be disseminated to the public by PALS and the Regional Offices.
- The Department of Foreign Affairs must be engaged for cooperation in implementation.
- A flow chart must be conspicuously displayed in the Regional, Provincial, Municipal Branch Offices and the PIAU for public information.
- Applicants referred directly to the PIAU must be attended to, and the PIAU must duly refer them to the Municipal Branch Office concerned.
- The SSWO must submit a quarterly report using the prescribed format PS-CT Form 004 to the Office of the Secretary through the Philippine Intercountry Adoption, with copies furnished to the PSWO and Regional Director.
- Only the Secretary, and in her absence her duly authorized representative, may sign Certificates of Approved Travel.
Compliance requirement
- The guidelines require strict compliance with their procedures and documentary requirements.