Title
Supreme Court
Implementing Rules for Philippine Passport Act
Law
Dfa Department Order No. 11-97
Decision Date
Feb 25, 1997
DFA Department Order No. 11-97 establishes the implementing rules and regulations for the Philippine Passport Act of 1996, ensuring the protection of citizens' right to travel while outlining the procedures for passport issuance, denial, and the necessary documentation required for applicants.

Law Summary

Policy Declaration

  • Upholds the constitutional right of Filipinos to travel.
  • Restricts passport issuance only for national security, public safety, or public health reasons.
  • Mandates the Department of Foreign Affairs (DFA) to ensure passport integrity and timely processing.

Definitions

  • Passport: Document issued to Filipino citizens facilitating safe travel and protection abroad.
  • Travel Document: Temporary document for return or travel of persons with doubtful citizenship or specific cases (e.g., lost passports, alien spouses).
  • Supporting Document: Papers evidencing citizenship, identity, and personal circumstances.
  • Secretary: Secretary of Foreign Affairs.
  • Department: Department of Foreign Affairs.

Authority on Passport Applications

  • The Secretary or authorized officers may issue, verify, restrict, cancel, or refuse passports based on legal and policy grounds.
  • Passport refusal or cancellation requires an opportunity to be heard unless needed to protect the applicant’s safety or interest.
  • Travel documents may be issued to Filipino citizens denied passports to ensure safe return.
  • Under certain conditions, tampered or falsified passport holders abroad may be issued regular passports once with strict documentary and procedural requirements.

Requirements for Issuance of Regular Passport

  • Personal appearance required except for minors under 8, senior citizens 65+, or disabled applicants.
  • Submission of application form, three recent colored photos, and authenticated birth certificate or equivalent proof.
  • Additional supporting documents may be required to verify identity and citizenship (e.g., marriage contract, school records, government IDs).
  • Specific documentary requirements for married, divorced, widowed women, and naturalized or elected citizens.
  • Parents must authorize minor applicants; clearance needed if minors travel alone.
  • Adoption requires court orders and clearances as applicable.
  • Name in passport must correspond to birth certificate or legal court order; use of AKA allowed under limited conditions.
  • Government employees need travel authority or agency clearance when applying for official or regular passports.

Passport Renewal

  • Requires old passport, completed application, three colored photos.
  • Personal appearance not always required; may be waived or required at DFA discretion.
  • Special document requirements for renewals depending on type of existing passport.

Types of Passports

  • Diplomatic: For top government officials, diplomats, and their families on official missions.
  • Official: For government employees traveling on official business without diplomatic status.
  • Regular: For ordinary Filipino citizens and officials traveling for personal reasons.
  • Haj Passport: Special limited-use passport for Muslim pilgrims, non-renewable.

Grounds for Denial, Cancellation, Restriction

  • Denial due to court orders, violations of law, failure of document proof, or national/public safety concerns.
  • Cancellation for criminal conviction, fraud in obtaining passport, or court orders preventing travel.
  • Restrictions may be imposed due to war, diplomatic issues, governmental travel limitations, or inadequate documentation for urgent travel.

Appeal Process

  • Applicants denied, cancelled, or restricted may appeal in writing to the Secretary within 15 days after notification.

Passport Deposit

  • Filipinos abroad may deposit passports for safekeeping with Philippine posts; withdrawals require proper identification and notification of address changes.
  • Unclaimed passports are destroyed one year after expiration.

Amendments to Passport

  • Amendments allowed for changes in name due to marriage, death of spouse, annulment, or legitimation of children.
  • Errors in personal data require passport re-issuance, not amendment.

Loss or Destruction of Passport

  • Requires police report and affidavit detailing loss circumstances.
  • DFA and foreign posts coordinate investigation and issuance of replacement or travel document.
  • 15-day waiting period before issuance of new passport unless waived.

Fees and Passport Revolving Fund

  • Fees follow the Consolidated Schedule; express processing has an additional P150 fee.
  • Collected fees form a revolving fund for improving passport and consular services.
  • Fund usage is subject to budgetary rules, audits, and congressional review.

Offenses by Officials and Others

  • DFA Secretary or heads of posts investigate officials for R.A. 8239 violations administratively and may recommend disciplinary and criminal action.
  • DFA, PNP, or NBI investigate other persons; complaints filed with DOJ Task Force on Passport Irregularities.
  • Collaboration with other agencies and sharing of data to ensure thorough investigation.
  • Immediate detention requests handled by appropriate law enforcement entities.
  • Travel agencies involved in violations are investigated and may face sanctions.

Accreditation of Travel and Recruitment Agencies

  • Only accredited agencies licensed and certified by DFA may transact passport services.
  • Agencies must submit business documents and execute a Contract of Accreditation.
  • Accreditation valid for one year, renewable upon compliance.
  • Agencies must post a P50,000 performance bond responsible for their acts and those of liaison officers.
  • Agencies must ensure truthful and authentic documents and are liable for any violations resulting from their services.

Suspension or Cancellation of Accreditation

  • Accreditation may be suspended or revoked for violations, fraudulent documents, or breach of contract.
  • Agencies are given a chance to explain before sanction imposition.
  • Revoked agencies are disqualified from future transactions with DFA.

Reporting and Monitoring

  • Foreign posts must regularly report on passports issued, lost, spoiled, cancelled, travel documents issued, and civil registry data.
  • Passport data must be recorded on new and cancelled passports for tracking.

Repealing Clause

  • Previous inconsistent Department Orders and regulations are repealed or amended.

Effectivity

  • The Implementing Rules and Regulations took effect on February 21, 1997.

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