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.