New Philippine Passport Act

Policy and constitutional right to travel

Section 2 recognizes the constitutional right to travel under Article III, Section 6 of the Constitution and states that the State must protect that right.
Section 2 requires passport and travel-document issuance to be aligned with international instruments.
Section 2 mandates the use of secure passport personalization and data management technologies to enhance and protect the unimpaired exercise of the right to travel.
Section 2 requires the State to prescribe minimum requirements and to ensure expeditious actions on applications and issuance of passports and other travel documents.
Section 4 ties denial or cancellation to the interests of national security, public safety, and public health.

Key definitions and terms

Section 3 defines “Ambassadors” as those appointed as Chiefs of Mission and currently serving as Ambassadors Extraordinary and Plenipotentiary.
Section 3 defines “Biographic data” as full name, birthdate, birthplace, and sex as recorded in specified Philippine civil registry documents.
Section 3 defines “Biometric data” as front facing photograph, fingerprint, iris scan, and/or other identifiable features.
Section 3 defines “Consular offices (CO)” as field offices or offsite DFA Office of Consular Affairs locations in the Philippines where passporting and consular services are provided.
Section 3 defines “Consular Official,” “Consular Services,” and “Foreign Service Posts (FSPs)” for purposes of passporting and consular functions.
Section 3 defines “Issuing Authority” as the DFA Office of Consular Affairs, DFA Consular Offices in the Philippines, or Philippine FSPs overseas which issue passports and provide other consular services.
Section 3 defines “Emergency Travel Document” (issued in emergencies when a regular passport cannot be issued), “Machine Readable Travel Document” (conforming to ICAO Document 9303), “Passport” (ICAO-complaint machine readable travel document with a request for lawful aid and protection), and “Passport Personalization”.
Section 3 defines “Passporting Services” as processing, encoding, transmissions, personalization, and releasing of passports, including online service services.
Section 3 defines “Recognized Alien Residents,” “Refugee,” and “Stateless Person” and defines “Travel Document” as an official document issued by the Philippine Government used for international travel.

Who issues, denies, cancels passports

Section 4 provides that upon the application of any qualified Filipino citizen, the Secretary of Foreign Affairs (“DFA Secretary”) or any duly authorized consular official may issue passports under the Act.
Section 4 authorizes Philippine consular officials in a foreign country to issue, deny, or cancel passports within the jurisdiction of the FSP in accordance with the Act.
Section 4 allows denial or cancellation in the interests of national security, public safety, and public health in accordance with Sections 5 and 10.
Section 4 states that denial or cancellation does not mean loss of, and issuance of doubt may not be denied if the safety and interest of the Filipino citizen are at stake.
Section 4 provides that denial or cancellation of a passport does not prevent issuance of an Emergency Travel Document to allow a safe return journey by a Filipino to the Philippines.

Application requirements and issuance rules

Section 5 mandates the DFA Secretary or a duly authorized consular official to issue a passport to an applicant who is a Filipino citizen who complies with the listed requirements.
Section 5(a) requires personal appearance for biometric and biographic data capturing.
Section 5(b) requires a duly accomplished application form.
Section 5(c) requires proof of citizenship via specified documents depending on citizenship status and circumstances, including PSA-authenticated records and documents under Philippine citizenship laws.
Section 5(d) requires valid and sufficient proof of identity, foremost the applicant’s PhilID issued under Republic Act No. 11055 or competent proof of identity.
Section 5(e) requires, for a married woman using her husband’s surname, a Certificate of Marriage or Report of Marriage authenticated by the PSA.
Section 5(f) requires, for reverting to a maiden name, a duly PSA-authenticated birth certificate and permits reverting only once, with all other documents reflecting the maiden name; it also requires appropriate PSA-authenticated or PSA-annotated documents where reversion is by annulment, declaration of nullity, legal separation, judicially-recognized foreign divorce, or death of a husband.
Section 5(g) provides rules for minors’ applications: the application may be filed by either parent, but a non-parent must present a Special Power of Attorney (SPA) executed by the person exercising parental authority; for foundlings, an adult guardian may file using a letter of guardianship issued by a Family Court and a Department of Social Welfare and Development clearance.
Section 5(h) requires, for prospective adoptive children under Republic Act No. 11642, a Certificate Declaring a Child Legally Available for Adoption issued by the National Authority for Child Care.
Section 5(i) requires that for renewal of passports by applicants sixty (60) years old and above and by migrant workers abroad, the DFA shall implement a system allowing submission without physical appearance in the Office of Consular Affairs or any consular office through available technology.
Section 5(j) allows assistance for applicants who are unable to read or write, PWDs, or senior citizens, by a relative within the fourth civil degree of consanguinity or affinity, or by the applicant’s traveling companion.
Section 5(k) provides a rule for discrepancies: the applicant’s name or details in the Certificate of Live Birth or Report of Birth prevail over other documents unless a court order permits using another name; it also requires that valid IDs be consistent with PSA records and applicable surname preferences.
Section 5(l) requires government officials or employees seeking a diplomatic or official passport to submit a travel authority issued by the head of the department/agency/office (or the head’s duly authorized representative).

Anti-discrimination and passport types

Section 6 prohibits unfair and discriminatory practices by requiring that the DFA and its authorized passport-issuing authorities and personnel shall only require documents to prove: (i) identity, (ii) citizenship, and (iii) lack of legal travel restrictions, consistent with Republic Act No. 11032.
Section 7 authorizes the DFA Secretary or an authorized consular official to issue three types of passports: diplomatic, official, and regular.
Section 7(a) defines Diplomatic Passports and enumerates the officials and mission-related persons eligible, including specified top State officials, DFA officials, members of Congress, certain judicial officials, Ambassadors and Chiefs of Mission, authorized delegates, and the spouses and minor children of the enumerated officials when accompanying or following to join them on diplomatic missions abroad.
Section 7(b) defines Official Passports as issued to government officials and employees on official trip abroad not on diplomatic mission and enumerates eligible categories, including specified Cabinet undersecretaries/assistant secretaries (excluding DFA), certain judiciary officials, DFA staff assigned abroad, persons in the domestic service of DFA diplomatic/consular post officials, and the spouses and minor children of the enumerated DFA staff and representatives assigned abroad.
Section 7(c) defines Regular Passports as issued to Filipino citizens not eligible for diplomatic or official passports, including those going abroad for pleasure or personal reasons; it also provides that government officials/employees and their families may, during incumbency, hold two (2) passports simultaneously: one regular for private travel and a diplomatic or official when traveling on diplomatic or official business.
Section 7 requires the DFA to prescribe the number of pages of passport booklets based on international standards and best practices, and it requires that an option for additional pages be available subject to reasonable fees determined by the DFA Secretary.

Emergency, convention, database, and validity

Section 8 provides for Emergency Travel Documents with two types:
- Emergency Passports for Filipino travelers who lost passports while overseas and are justifiably in need to complete intended overseas travel before return or overseas residence; valid for one (1) year from issuance.
- Emergency Travel Certificate for Filipinos returning to the Philippines who lost passports overseas or cannot be issued a regular passport; valid for thirty (30) days up to six (6) months from issuance.
Section 8 authorizes issuance of an emergency travel certificate to the Filipino’s alien spouse and children traveling to, or returning as permanent residents to, the Philippines.
Section 9 provides for a Convention Travel Document for a stateless person who is a permanent resident of the Philippines or a refugee granted status or asylum; valid for five (5) years from issuance.
Section 11 mandates that the DFA maintain a passport database containing applicants’ biographic data, biometric data, demographic data, records of denials, cancellations, and stolen/lost passports, and other information needed to implement the Act.
Section 11 requires coordination with the Department of Information and Communications Technology, National Privacy Commission, PSA, and other pertinent agencies, and requires security measures to protect data against tampering, loss, destruction, damage, unauthorized access, use, and disclosure.
Section 12 provides that regular passports are valid for ten (10) years.
Section 12 provides that for individuals under eighteen (18) years of age, only a passport with five (5)-year validity shall be issued.
Section 12 allows the issuing authority to limit validity to less than ten (10) years when necessary in the interest of national economy or political stability.
Section 13 provides that a Philippine passport remains the property of the government and may not be confiscated by any entity or person other than the DFA.

Restrictions, loss reporting, fees, and passport services

Section 10 authorizes denial, cancellation, and restrictions on passports based on specified grounds.
Section 10(a) provides grounds for denial of issuance including: (1) court orders to hold departure; (2) notarized request by the person exercising parental authority over a minor or incapacitated applicant; (3) violation of provisions of the Act; and (4) other disqualification under existing laws.
Section 10(b) provides grounds for cancellation including court orders where the holder is convicted, a fugitive from justice, or a suspected terrorist charged under specified provisions of Republic Act No. 11479, and provides for issuance after acquittal, dismissal, or court discretion on motion; it also includes fraudulent/tampered/erroneously issued passports; and passports returned to DFA by other government agencies, with a proviso that cancellation will not prevent issuance of a new passport.
Section 10(b) provides that denial or cancellation for reasons other than by court order may be appealed to the DFA Secretary.
Section 10(c) provides grounds for imposition of restrictions including hold departure or precautionary hold departure orders, political instability dangers, fractured diplomatic ties, or travel restrictions by government policy, UN enforcement action, or war.
Section 15 requires immediate reporting to the DFA or FSP for loss or destruction by submitting an affidavit detailing circumstances.
Section 15 requires that if the lost passport is located, it must be turned over to the DFA, and requires submission of an affidavit stating location and who/what entity possesses it when physical turnover is not feasible.
Section 16 requires collection of reasonable fees for processing and issuance of a passport or travel document and prohibits increasing any fee more than once every three (3) years.
Section 17 allows the DFA to charge a service fee of not more than thirty percent (30%) of regular passport fees for special-consideration processing/issuance, including waiver or issuance beyond regular office hours.
Section 17 creates a revolving fund called the “Passport Revolving Fund” composed of service fees, usable for improvement of passporting and consular services and other DFA services except travel and transportation allowances and expenses.
Section 17 subjects fund setup/use/disbursement to Commission on Audit rules and requires annual review by Congress, and mandates a report on disbursement every six (6) months to both the Senate Committee on Foreign Relations and the House Committee on Foreign Affairs.
Section 18 mandates the DFA, in coordination with other agencies, to establish and maintain an online application portal and Electronic One-Stop Shop accessible on the DFA official website.
Section 19 authorizes the DFA to provide offsite and mobile passport services outside consular offices and FSPs.
Section 20 requires creation of special lanes for regular passport applications for senior citizens, PWDs, pregnant women, minors aged seven (7) years old and below, solo parents, OFWs, individuals with emergency and exceptional cases; it also requires accommodations for regular passport applications of Muslim Filipinos intending pilgrims through a process beginning four (4) months from the date indicated in the official request by the National Commission on Muslim Filipinos.
Section 21 allows the DFA Secretary to waive any requirement under Section 5 and the fees under Section 16 on humanitarian grounds.

Offenses, penalties, and corporate/alien liability

Section 22(a) penalizes illegal withholding of passports: any person or entity without legal authority who confiscates, retains, or withholds a DFA-issued passport is punished by imprisonment of not less than twelve (12) years and one (1) day but not more than twenty (20) years, and a fine of not less than PHP 1,000,000.00 but not more than PHP 2,000,000.00.
Section 22(a) provides that prosecution under the Act is without prejudice to liability under Republic Act No. 8042.
Section 22(b) penalizes forgery-related passport crimes: imprisonment of not less than six (6) years and one (1) day to fifteen (15) years and a fine of not less than PHP 100,000.00 but not more than PHP 250,000.00 for willfully and knowingly falsely making/forging/counterfeiting/mutilating/altering a passport, travel document, or supporting document, or for possession as prima facie evidence, or for using/attempting to use/furnishing for use such falsified or altered/cancelled documents.
Section 22(c) penalizes improper use: imprisonment of not less than six (6) years and one (1) day but not more than fifteen (15) years and a fine of not less than PHP 100,000.00 but not more than PHP 250,000.00 for willfully and knowingly using or attempting to use another person’s passport or supporting document, or selling/trading/pawning/mortgaging using passports/travel documents as collateral, or using them as currency or object of commerce; buyers/traders/creditors/mortgagees are liable to the same extent.
Section 22(d) penalizes offenses relating to issuances: imprisonment of not less than six (6) years and one (1) day but not more than twelve (12) years and a fine of not less than PHP 100,000.00 but not more than PHP 250,000.00 for unauthorized claiming/acting, unlawful selling of forms, intercepting applicants to route them away from DFA, escorting/assisting for material gain by non-authorized persons, hoarding/selling online appointment slots, knowingly issuing passports to non-citizens, knowingly certifying authenticity for persons not entitled, or knowingly issuing more than one (1) passport except as provided in the Act.
Section 22(e) penalizes false statements: imprisonment of not less than six (6) years and one (1) day but not more than twelve (12) years and a fine of not less than PHP 100,000.00 but not more than PHP 250,000.00 for willfully and knowingly making false statements in passport applications, false affidavits of lost/destroyed documents, or using documents obtained by false statements.
Section 22(f) penalizes unfair and discriminatory practices under Section 6:
- First offense: administrative liability with six (6) months suspension.
- Second offense: administrative liability and criminal liability of dismissal from service, perpetual disqualification from holding public office and forfeiture of retirement benefits, plus imprisonment of eighteen (18) months and one (1) day to six (6) years and a fine of not less than PHP 100,000.00 but not more than PHP 250,000.00.
Section 22(g) requires imposition of penalties in maximum when offenses are committed by a syndicate or on a large scale, defining syndicate as three (3) or more persons conspiring or confederating, and defining large scale as committed against three (3) or more persons, individually or as a group.
Section 22(h) provides that if the offender is a public official, the offender is dismissed from service and suffers perpetual absolute disqualification to hold public office in addition to the penalties prescribed.
Section 22(i) provides that if the offender is a corporation, partnership, association, or other juridical person, the president, partner, manager, and/or responsible officer who directly participated in the violation and/or allowed its perpetuation is liable; it also requires automatic revocation of the business license and/or special certificate of accreditation or registration upon criminal conviction of the liable person, and bars the entities and liable persons from operating similar establishments under different names.
Section 22(j) provides that if the offender is an alien, the alien is deported after serving the sentence and permanently barred from entering the Philippines, in addition to the penalties.

Implementation, appropriations, and final clauses

Section 23 provides that the amount necessary for effective implementation of the Act shall be included in the annual General Appropriations Act.
Section 24 directs the DFA to promulgate necessary rules and regulations within sixty (60) days from effectivity.
Section 25 provides a separability clause: if any provision is declared unconstitutional, the remainder remains in force.
Section 26 repeals or amends all inconsistent laws, presidential decrees, executive orders, letters of instruction, proclamations, and administrative regulations.
Republic Act No. 8239, otherwise known as the “Philippine Passport Act of 1996,” as amended, is repealed for the purpose of this Act.