Implementing Rules for Philippine Passport Act

Policy, purpose, and constitutional balance

The law recognizes that the people’s constitutional right to travel shall not be impaired except in the interest of national security, public safety, or public health (Article 3).
The State must protect and maintain the integrity and credibility of passports and travel documents issued by it (Article 3).
The Department of Foreign Affairs must determine passport-application requirements germane to resolving an application (Article 3).
The Department must act on applications without unnecessary delay and according to a schedule it formulates (Article 3).

Key definitions for passport purposes

A Passport is a document issued by the Philippine government to its citizens requesting other governments to allow its holder to pass safely and freely, and, if needed, to provide lawful aid and protection (Article 4(a)).
A Travel Document is a certification or identifying document containing the description and other personal circumstances of its bearer, issued for direct travel to and from the Philippines for short periods or for a particular trip (Article 4(b)).
A Travel Document is issued only to persons whose claim to Philippine citizenship is doubtful or who fall under specified categories: returning Filipinos without a regular passport; Filipinos being sent back; alien spouses of Filipinos and dependents not yet naturalized traveling to or resident in the Philippines; aliens permanently residing in the Philippines unable to obtain foreign passports; and stateless persons who are permanent residents or refugees/asylees in the Philippines (Article 4(b)(1)-(5)).
A Supporting Document is any paper or document that may be required to be submitted with the passport application supporting claims to Filipino citizenship, identity, and/or personal circumstances (Article 4(c)).
The Secretary means the Secretary of Foreign Affairs; the Department means the Department of Foreign Affairs (Article 4(d)-(e)).

Passport issuing authority and action powers

The Secretary, his duly authorized representative, or a consular officer acts on all passport applications (Article 5, Section 1).
The Secretary or authorized representative/consular officer may issue, verify, restrict, cancel, or refuse a passport in the jurisdiction or post where the application was filed (Article 5, Section 1).
The Secretary or authorized representative/consular officer may refuse to issue a passport, restrict its use, or withdraw/cancel it if its issuance or continued use would be detrimental to national security, public safety, or public health (Article 5, Section 2).
If a refusal/restriction/withdrawal/cancellation is made, the applicant must be afforded an opportunity to be heard personally or through counsel (Article 5, Section 2).
A passport application may not be denied when denial would prevent necessary protection of the safety and interest of the Filipino citizen applicant (Article 5, Section 2, proviso).
Refusal to issue or cancellation does not preclude issuance of a Travel Document to allow a safe return of a Filipino citizen to the Philippines (Article 5, Section 3).
Abroad, the Secretary or consular officer may issue a regular passport instead of a travel document to holders of passports that were tampered with or issued under assumed/fictitious names or falsified birth data if strict conditions are met (Article 5, Section 4).

Tampered passports: conditions for regular issuance

A regular passport may be issued for tampered/fictitious-data passports only when a special supervening circumstance exists, such as: legal residence/authorized stay based on proofs; legal marriage to a national in the country of sojourning; or other special supervening/humanitarian reasons determined by the consular officer (Article 5, Section 4(a)(1)-(3)).
The privilege may be availed of only once by the Filipino applicant, and no pending civil or criminal case is filed in any Philippine court (Article 5, Section 4(b)).
Issuance is subject to presentation of primary authenticated identification documents (e.g., birth and baptismal certificate, marriage contract, etc.) (Article 5, Section 4(c)).
The tampered cancelled passport must be transmitted to the Department (Article 5, Section 4(d)).
The holder must execute a sworn statement of the circumstances of obtaining the false passport and willingness to cooperate for prosecution if warranted (Article 5, Section 4(e)).
Issuance is without prejudice to filing appropriate charges for acts violating the law (Article 5, Section 4(f)).

Regular passport issuance requirements

No passport shall be issued unless the Secretary (or authorized representative/consular officer) is satisfied the applicant is a Filipino citizen who complied with the required items (Article 6, Section 1).
The applicant must appear personally or through a parent/legal guardian for a minor applicant (Article 6, Section 1(a)).
Personal appearance is not required for minors not more than eight (8) years old, senior citizens at least sixty five (65) years old, and mentally/physically disabled applicants (Article 6, Section 1(a)).
Applicants must submit a duly accomplished application form (Article 6, Section 1(b)).
Applicants must submit three colored photographs measuring 1.77" x 1.37" with plain light background, showing a clear front view of the applicant’s face (Article 6, Section 1(c)).
Applicants must present a birth certificate duly issued or authenticated by the Office of the Civil Registrar General (OCRG), or a certification that delayed registration of birth was filed with the OCRG with a copy of the birth certificate (Article 6, Section 1(d)).
When born before 1950 and the birth certificate is destroyed/damaged/not available, applicants must present either: (i) a baptismal certificate for members of a Christian religious organization or an equivalent certificate from a non-Christian religious group indicating admission at an early age and showing Filipino citizenship, supported by a joint affidavit of two persons who know applicant and can attest date/place of birth, citizenship, and parents’ names; or (ii) for those who do not subscribe to any religion and whose parents failed to have baptism, an affidavit to that effect corroborated by affidavits of at least two (2) persons of good reputation (Article 6, Section 1(d)(1)).
When born in or after 1950 and the birth certificate is destroyed/damaged/not available, applicants must reconstruct by filing delayed registration of birth with the Local Civil Registrar; for those born outside Metro Manila, delayed registration may be filed with the National Statistics Office (NSO) (Article 6, Section 1(d)(2)).
Applicants must submit other supporting documents required to verify identity, citizenship, and personal circumstances, including enumerated documentary categories such as voter’s affidavit/ID, baptismal certificate, Form 137 (school records), marriage contract, land titles, proof of service, GSIS/SSS records, naturalization certificate, specified birth/death certificates of family members, Seaman’s book, PRC ID, TESDA competency certificate or ARB from POEA, NBI clearance, OMA certificate of identity and tribal membership, CFO counseling certificate, and any other official genuine document containing applicant information (Article 6, Section 1(e)(1)-(17)).
Passport issuance for married, divorced, or widowed women follows special surname and documentary rules: adoption of husband’s surname under Article 370 of Republic Act No. 386 requires the original or certified true copy of the marriage contract plus one photocopy, and a first-time passport application for a Filipino marrying a foreigner requires a Certificate of Attendance in a Guidance and Counseling Seminar conducted by CFO; annulment requires annotated marriage contract or certificate of registration plus court order; divorce by an alien husband requires a certified true copy of the divorce decree authenticated as required, with special documentary requirements for Filipino Muslims involving Shariah Court or OCRG; death of husband requires death certificate or declaration of presumptive death and allows continued husband’s surname or return to maiden surname (Article 6, Section 2(a)-(d)).
Supporting documents specified under Article 6, Section 1(c) are admissible to prove citizenship (Article 6, Section 3).
Applicants whose citizenship claim is based on naturalization, election, repatriation, or marriage to a Filipino citizen must prove citizenship through specified sets of documents:
- Naturalization (Revised Naturalization Law): Oath of Allegiance; Certificate of Naturalization; Identification Certificate issued by Bureau of Immigration duly affirmed by DOJ (Article 6, Section 3(a)(1)-(3)).
- Election of Philippine citizenship: birth certificate; parents’ marriage contract; applicant birth certificate or another document under Article 6, Section 1(e) supporting citizenship; affidavit of election registered with Local Civil Registrar; oath of allegiance registered with Local Civil Registrar; Identification Certificate from Bureau of Immigration duly affirmed by DOJ (Article 6, Section 3(b)(1)-(6)).
- Repatriation of widowed or married women: affidavit of repatriation registered; oath of allegiance registered; or, for a Filipino woman who lost citizenship due to marriage before 17 January 1973, certificate of naturalization or repatriation plus oath of allegiance registered (Article 6, Section 3(c)(1)-(2)).
- Alien applicant claiming citizenship by marriage to Filipino citizen: authenticated marriage contract; proof of Philippine citizenship of husband; affidavit that applicant lacks disqualifications for naturalization; oath of allegiance; Identification Certificate affirmed by DOJ (Article 6, Section 3(d)(1)-(5)).

Minor, adoption, and special personal-data rules

For minors, either parent must accomplish and sign the passport application and attach a photocopy of the parent’s passport; an affidavit of support and consent to travel from either parent is required; if both parents are abroad, the affidavit must be authenticated at the appropriate Philippine diplomatic or consular post (Article 6, Section 4).
If a minor travels out of the Philippines without either parent, a clearance from the Department of Social Welfare and Development (DSWD) is required (Article 6, Section 4).
Adopted persons must present a certified true copy of the court order of adoption and certified true copies of original and amended birth certificates from OCRG; if a minor, a DSWD clearance is required (Article 6, Section 5).
For adoption by foreign parents under R.A. No. 8043, requirements include: certified true copy of court decree of abandonment or death certificate of the child’s parents or deed of voluntary commitment executed after the birth of the child; endorsement of child to the Intercountry Adoption Board by DSWD; and authenticated birth or foundling certificate (Article 6, Section 5(a)-(c)).
The passport name must follow the name in the birth certificate except for specified cases: birth certificate merely indicates “Baby Boy/Girl” or omits a first name; a court order allows change of name; or the applicant is a naturalized citizen using the name indicated in the certificate of naturalization (Article 6, Section 6).
“A.K.A. (Also Known As)” is allowed only for: naturalized citizens whose naturalization certificates allow it; or celebrities, at the discretion of the Secretary or authorized representative/consular officer, for screen/pen/stage names (Article 6, Section 6).
Government employees applying for an official passport must present a travel authority duly issued by the head of department/agency/office; for a regular passport, they must submit a letter from their agency stating it interposes no objection (Article 6, Section 7).

Renewal rules and photograph/personal appearance

A passport shall not be renewed unless renewal requirements are met (Article 7).
Renewal requirements include: a duly accomplished application form and the old passport (Article 7, Section (a)-(b)).
When renewing a brown passport, the applicant must submit a photocopy of pages 1-4 and the page showing the latest date of arrival, plus supporting documents under Article 6, Section 1(e) for verifying correct use of middle name (Article 7, Section (b)(1)).
When renewing a green passport, the applicant must submit a photocopy of the inside front and inside back covers and the page showing the latest arrival stamp by the Bureau of Immigration (Article 7, Section (b)(2)).
Renewal requires three colored photographs measuring 1.77" x 1.37" with plain light background and clear front view (Article 7, Section (b)(c)).
For renewal, personal appearance is not required, and the application may be filed by any agency duly accredited by the Department or by an immediate family member authorized in writing; the Secretary/authorized representative/consular officer may require personal appearance when deemed fit under the circumstances (Article 7, Section (c)).

Types of passports and revalidation

Passports used in general are diplomatic, official, and regular (Article 8).
Diplomatic passports are issued to enumerated high officials and certain accompanying/following family members, including the President and former Presidents, Vice President and former Vice Presidents, Senate President, Speaker of the House of Representatives, Chief Justice of the Supreme Court, Cabinet Secretaries, Undersecretaries and Assistant Secretaries of the Department, ambassadors and foreign service officers of all ranks and attaches, Members of Congress on official mission abroad or as delegates to international conferences, Governor of the Bangko Sentral ng Pilipinas, delegates with full powers accorded by the President, and spouses and unmarried minor children accompanying or following them (Article 8, Section 1(a)-(l)).
The President and the Secretary may grant diplomatic passports to officials and persons other than those enumerated when on official mission abroad (Article 8, Section 1).
Diplomatic passport holders must submit their diplomatic passports to the Department for revalidation prior to every departure from the Philippines (Article 8, Section 1).
Official passports are issued to government officials and employees on official trip abroad but not on diplomatic mission or without diplomatic status, including categories enumerated in the rules, plus spouses and unmarried children of the listed officials (Article 8, Section 2(a)-(g)).
Official passport holders must submit their official passports to the Department for revalidation prior to every departure from the Philippines (Article 8, Section 2).
Regular passports are issued to Filipino citizens not entitled to diplomatic or official passports, including government officials and employees going abroad for personal reasons (Article 8, Section 3).
A Filipino Muslim traveler leaving for pilgrimage to Mecca may be issued a Haj passport valid for seven (7) months and for one (1) trip only if requirements are met: OMA endorsement, OMA certificate of tribal affiliation, joint birth affidavit, and personal appearance guarantee form signed by OMA (Article 8, Section 3).
A Haj passport is non-renewable and cannot be used as a basis for issuance of a regular passport (Article 8, Section 3).

Denial, cancellation, restriction, and appeals

An applicant may be denied issuance of a passport on any of the following grounds: court order; request by natural or legal guardian when applicant is a minor; violation of any provision of Republic Act No. 8239; lawful order of the Secretary for national security/public safety/public health interest; failure to present documentary proof specified under Article 6, Section 1(e); or other disqualifications under existing laws (Article 9, Section 1(a)-(f)).
A passport may be cancelled for: conviction for a criminal offense (with possible restoration after sentence service); fraud/misrepresentation in securing the passport or tampering after release/issuance; or a lawful court order to hold departure due to pending criminal case (Article 9, Section 2(a)-(c)).
A passport may be restricted regarding term or country of destination for: foreign country war or political instability posing danger; severance of diplomatic ties by the Philippines; travel restrictions by foreign country through government policy or United Nations enforcement action; authorized court or Office of the President travel to specified destinations only; or inadequate supporting documents where travel is for urgent medical reasons certified by a physician or to attend to a seriously ill immediate family member within the second degree of consanguinity or affinity (Article 9, Section 3(a)-(e)).
The applicant or holder may appeal in writing to the Secretary within fifteen (15) days from notice of denial, cancellation, or restriction (Article 10).

Deposits, amendments, and document handling

A Filipino citizen abroad may voluntarily deposit a passport with any Philippine foreign service post for safekeeping and shall be issued a receipt (Article 11).
Withdrawal of a deposited passport must be done personally by the holder or through an authorized representative duly identified by the Embassy (Article 11).
Possession of the receipt plus presentation of two (2) picture identification cards creates a presumption of ownership; the foreign service post is not liable for releasing the passport to a person producing the receipt and presenting the required proof unless written notice is previously given that the receipt was lost, mislaid, stolen, or otherwise passed from the true owner’s possession (Article 11).
The holder must promptly notify the post in writing of any change in address or whereabouts (Article 11).
The foreign service post must destroy all passports remaining unclaimed one (1) year after expiration, with proper noting in the Record of Passport Services (Article 11).
A passport may be amended only for: woman’s name due to marriage; woman’s name due to death of spouse, annulment of marriage, or divorce initiated by a foreign spouse; or change of surname of a child legitimated by subsequent marriage of parents (Article 12, Section 1(a)-(c)).
Amendments may not be made due to error in scripting or discrepancy in personal data; in such cases, the passport must be re-issued (Article 12, Section 2).

Loss or destruction reporting and issuance limits

When loss or destruction is reported to the Department or a foreign service post officer, the holder must submit an appropriate police report and an affidavit in quadruplicate stating in detail circumstances of the loss/destruction (Article 13, Section 1).
For loss abroad, the officer must immediately transmit the original and two (2) copies of the affidavit to the Department, including passport number, date and place of issue, applicant’s date and place of birth, and relevant information—especially if there is reason to believe intentional or negligent loss occurred (Article 13, Section 2).
The Office of Consular Affairs must promptly transmit a copy of the loss affidavit to the NBI requesting confiscation if found, investigation, or detention if necessary of anyone attempting to use the passport (Article 13, Section 3).
A circular must be issued to inform all Philippine foreign service posts, the Bureau of Immigration, and foreign embassies in Manila of the loss and pertinent data (Article 13, Section 3).
No new passport may be issued until documentary requirements are complied with showing the passport was actually lost and after the lapse of fifteen (15) days following submission of the loss affidavit; further investigation is required when an applicant declared more than two (2) passports lost within the year (Article 13, Section 4).
Under extraordinary circumstances and at the head of consular establishment’s discretion, a new passport may be issued after compliance with requirements; if returning to the Philippines, a travel document may be issued (Article 13, Section 5).
The Assistant Secretary for Consular Services or authorized representative, or the Consul General or head of Embassy Consular Section, may waive or shorten the fifteen (15) day waiting period (Article 13, Section 6).

Fees and passport revolving fund

Passport fees follow the Consolidated Schedule of Fees issued by the Office of Fiscal Management Services (Article 14).
The Department charges a service fee of PHP 150.00 for express passport processing (Article 15, Section 1).
Service fees collected under this provision form a revolving fund called the Passport Revolving Fund (Article 15, Section 2).
The fund may be used to improve passporting and consular services and other Department services except travel and transportation allowances and expenses (Article 15, Section 3).
A special budget for fund utilization is prepared by the Passport Trust Fund Unit for submission to the Department of Budget and Management (DBM) (Article 15, Section 4).
Income authorized for use is made available upon issuance of an Allotment by DBM unless DBM issues a waiver (Article 15, Section 5).
A quarterly report of the fund’s income and expenditure must be submitted to DBM, with copies furnished to the House Committee on Appropriations and the Senate Committee on Finance (Article 15, Section 6).
The Passport Trust Fund Unit must prepare a report on disbursement every six (6) months for submission to the Senate and the House Committee on Foreign Relations (Article 15, Section 7).
Fund setup, use, and disbursement are subject to Commission on Audit rules on review, accounting, and auditing (Article 15, Section 8).
The fund is subject to annual review by Congress (Article 15, Section 9).

Administrative proceedings: passport irregularities

The Secretary or the Head of Post has jurisdiction to investigate diplomatic or consular officials for violations of Republic Act No. 8239 (Article 16, Section 1).
An administrative proceeding may be commenced by the Secretary or Head of Post or upon sworn written complaint of any other person (Article 16, Section 1).
When a complaint is filed by another person, the complainant must submit sworn statements of testimony and witnesses plus documentary evidence (Article 16, Section 2).
If prima facie case is not found, the investigating authority dismisses the case (Article 16, Section 2).
If prima facie case exists, the investigating authority notifies the respondent in writing of charges with copies of complaint, sworn statements, and documents; the respondent has three (3) days from receipt to answer in writing under oath with supporting sworn statements and documents and to indicate election of formal hearing if the answer is not satisfactory (Article 16, Section 2).
If the answer is found satisfactory, the investigating authority dismisses the case (Article 16, Section 2).
A formal hearing must nonetheless be conducted when the merits cannot be decided judiciously without such bearing, even if respondent does not request it (Article 16, Section 3).
Either party may avail services of counsel and may require attendance of witnesses and production of documentary evidence (Article 16, Section 4).
The investigation aims at ascertaining truth and need not necessarily adhere to technical rules of evidence applicable in judicial proceedings (Article 16, Section 5).
The investigating authority must formally disclose findings within thirty (30) days from termination, either dismissing the case or recommending disciplinary action to the Board of Foreign Service Administration, and filing a criminal case when warranted (Article 16, Section 6).

Liability for other persons and agencies

For alleged violations by persons other than diplomatic or consular officials, the Department, PNP, or NBI conducts the investigation and files appropriate charges with the Task Force on Passport Irregularities, DOJ (Article 17, Section 1).
When a case is initiated by the Department, the Research and Investigation Group (RIG) immediately investigates and, if warranted, files a complaint with the Task Force on Passport Irregularities through the Office of Legal Affairs of the Department of Foreign Affairs (Article 17, Section 2).
A complaint is sufficient when verified and duly signed by the Director, Passport Division, and substantially conforms with Section 6, Rule 110 of the New Rules of Court, including: name of accused; designation of offense; acts/omissions complained of; name of offended party; approximate time; and place of commission (Article 17, Section 2(a)-(f)).
Upon RIG request, the Consular Records Division shall make available relevant data as soon as practicable; RIG may request available data from NBI, Bangko Sentral ng Pilipinas, NSO, or other government agencies needed for inquiry (Article 17, Section 3).
If the Director, Passport Division, determines the case constitutes offenses punishable by other statutes, the case is forwarded to NBI (Interpol Division) or PNP (Intelligence Command), and it becomes the duty of NBI/PNP to file with DOJ Task Force the appropriate action within thirty (30) days from receipt of endorsement if evidence warrants (Article 17, Section 4).
For cases requiring immediate detention of a suspect under the circumstances in Section 5, Rule 113 of the New Rules of Court, RIG through the Director, Passport Division, immediately refers the matter to Interpol Division (NBI) or Intelligence Command (PNP) for appropriate proceedings (Article 17, Section 5).
If a violation is committed by a travel agency, its liaison officers, or other accredited representatives of the Office of Consular Affairs, referral to the Office of the Director, Passport Division triggers an investigation under the rules in this Order (Article 17, Section 6).

Travel and recruitment agency accreditation

The Department’s policy is to transact business only with legitimate travel/recruitment agencies, allowed based on trust and confidence (Article 18, Section 1).
No legitimate travel/recruitment agency may transact with the Department for passport applications unless properly accredited by the Department (Article 18, Section 2).
Accreditation requires submission of: license to do business; certification of business name registration; contract of accreditation; articles of incorporation or partnership when applicable; roster of employees from Bureau of Internal Revenue; and POEA Accreditation for recruitment agencies only (Article 18, Section 2(a)-(f)).
No agency is accredited unless it executes a Contract of Accreditation with the Department (Article 18, Section 2).
The agency’s accreditation privilege to file passport applications is governed by this Order and other Department rules and its Contract of Accreditation (Article 18, Section 3).
Accreditation is effective for one (1) year and renewable within sixty (60) days from expiration upon submission of the requirements for the accreditation period (Article 18, Section 4).
The Department may refuse accreditation if the agency, directly or indirectly through agents/liaison officers, is engaged, has engaged, or is formally accused of engaging in criminal or illegal acts, falsification of passports and pertinent documents; criminal