Law Summary
Definitions Relevant to Minors Traveling Abroad
- Minor: Any person under 18 years old unless legally emancipated.
- Protection: Measures to safeguard child welfare by intervening to prevent or stop exploitation or hazardous conditions.
- Exploitation: Using a minor, with or without consent, for personal advantage or profit.
- Child Trafficking: Trading or exchanging a child for monetary or other consideration.
- Applicant: Father, mother, legal guardian, or person traveling with the minor.
- Sponsoring Person: Individual responsible for the minor’s travel and living expenses abroad.
Application and Certification Process for Minors Traveling Abroad
- Who Must Apply: All minors traveling abroad without biological parents, legal guardians, or the joint accompaniment of persons authorized to travel with them are required to apply for a Certificate to Travel through the Department of Social Welfare and Development (DSWD).
- Where to Apply: Applications must be filed at the DSWD Municipal or City District Office with jurisdiction over the applicant’s residence.
Processing Procedures and Evaluation
- Initial Explanation: Supervising Social Welfare Officer (SSWO) explains the objective of preventing child trafficking and ensuring proper care during travel.
- Process Overview: Involves initial interview, assessment, evaluation, submission of requirements within one week, and forwarding of recommendations to the Secretary via the Philippine Intercountry Adoption Unit.
- Application Forms: Applicants complete Form PS-CT 001, which is reviewed and validated regarding travel purpose, relationship with traveling companion, destinations, duration of stay, and other relevant details.
- Validation: Includes home visits, collateral interviews, and if necessary, an interview with the minor.
- Negative Findings: If travel is not recommended, reasons are discussed with the applicant and forwarded to higher authorities.
Submission of Requirements
- General Requirements:
- Minor’s certified birth certificate
- Parents’ marriage certificate (if applicable)
- Affidavit of consent to travel by both parents or guardian
- Affidavit of support by sponsoring person with employment and salary certification
- Income tax returns of sponsoring person and parents
- Evidence of income or financial capacity
- Passport and visa of traveling companion
- Visa petition approval (if immigrant child)
- School acceptance letter (if student)
- Medical clearances for child and companion
- Power of attorney authorizing companion to care for the child
- Additional Requirements (if minor is adopted or under legal guardianship):
- Adoption Decree, Home and Child Study Reports, Consent to Adoption or related legal documents
- Letter of Guardianship or Court Order with related reports
Review, Approval, and Issuance of Certificate
- SSWO submits a report and checklist of requirements to the Branch Incharge.
- Application records logged by the Philippine Intercountry Adoption Unit (PIAU) and assigned an Applicant’s Number.
- PIAU reviews documents and recommends approval/disapproval to the Secretary.
- The Secretary or authorized representative signs Certificates of Approved Travel.
- Applicants receive official notice of action within three days, including issuance of certificate if approved.
- Certification fee is payable upon approval, especially in adoption cases.
Implementation and Public Information
- Dissemination of procedures and requirements by PALS, Regional Offices, and coordination with the Department of Foreign Affairs.
- Flow charts detailing procedures displayed at Regional, Provincial, Municipal Offices, and PIAU for public awareness.
- Direct applications to PIAU are accepted but referred to Municipal Branch Offices for processing.
- Quarterly reports submitted by SSWO to the Secretary’s Office with copies to relevant officials.
- Only the Secretary or her authorized representative may sign the Certificate of Approved Travel.
These comprehensive guidelines outline a structured, protective process designed to safeguard minors who travel abroad unaccompanied, ensuring their welfare and legality in compliance with the State’s policy under Presidential Decree 603 and Executive Order No. 123.