Statement of Policy
- Upholds the constitutional right to travel as inviolable.
- Government duty: issue passports or travel documents to Filipino citizens and qualified individuals.
- Travel rights may only be restricted for national security, public safety, or public health reasons.
- Passport application and issuance requirements are minimized and expedited to protect travel rights.
Key Definitions
- Department: Department of Foreign Affairs (DFA).
- Secretary: Secretary of Foreign Affairs.
- Post: Philippine diplomatic and consular posts (Embassy, Consulate).
- Passport: Official document requesting safe and free passage for Filipinos, with lawful aid and protection.
- Travel Document: Issued for short-term travel to/from Philippines, for doubtful citizenship or special cases.
- Supporting Documents: Required papers proving Filipino citizenship to complete passport application.
- Ambassadors: Chiefs of mission serving as Ambassador Extraordinary and Plenipotentiary.
Authority Over Passport Issuance
- Secretary of Foreign Affairs or authorized consular officers may issue, verify, restrict, cancel, or deny passports.
- Refusal or cancellation must follow due hearing and discretion.
- Passport denial does not indicate loss or doubt of citizenship.
- Passport cannot be denied if Filipino’s safety and interest are at risk.
- Travel Document issuance permits safe return if passport is denied or cancelled.
Passport Issuance Requirements
- Applicant must be a Filipino citizen and submit:
- Fully accomplished application form and prescribed photographs.
- Authenticated birth certificate; delayed registration if birth certificate unavailable.
- Baptismal or religious certificate and affidavits if no birth certificate.
- For married/separated/divorced/widowed women: authenticated certified proofs of marital status.
- Naturalization certificate for naturalized citizens or through parents/spouses.
- Parental consent and Department of Social Welfare and Development (DSWD) clearance for minors traveling without parents.
- Court order of adoption and other specific requirements for adopted persons.
- Discrepancies in names resolved by official records or court orders.
- Travel authority for government employees requesting official passports.
Application Procedures
- Applicants must apply personally for first-time passports.
- Parents or guardians can apply for minors.
- Licensed travel agencies accredited by DFA may apply for renewals, responsible for document authenticity.
Types of Passports
- Diplomatic Passport for high-ranking officials and diplomats including:
- President, Vice-President, Senate President, House Speaker, Chief Justice.
- Cabinet Secretaries and DFA Undersecretaries/Assistant Secretaries.
- Ambassadors, Foreign Service Officers, Congress members on official missions.
- Spouses and unmarried minor children accompanying officials.
- Official Passport for government officials/employees on official trips without diplomatic status.
- Regular Passport for other Filipino citizens, including government personnel traveling for personal reasons.
- Dual passports allowed for government officials: regular for private, diplomatic/official for official travel.
Grounds for Denial, Cancellation or Restriction
- Denial:
- Court order to hold departure due to pending criminal case.
- Requests by guardian for minors.
- Violation of passport laws.
- Other legal disqualifications.
- Cancellation:
- Fugitive status or criminal conviction (restorable post sentence).
- Fraudulent acquisition or tampering of passport.
- Restriction:
- Political instability of destination country.
- Severance of diplomatic ties.
- Destination under travel restrictions or in war.
Appeal Process
- Aggrieved persons may appeal decisions to the Secretary of Foreign Affairs.
- Decisions by Secretary are subject to judicial review.
Passport Validity
- Regular passports valid for five (5) years, subject to limitations for national interest.
- Expired passports replaced upon return of old passports.
Passport Ownership
- Passports remain government property; holders are mere possessors during validity.
- Passports must be surrendered only to government or representatives.
- Voluntary surrender with official receipt permitted for safekeeping.
Names and Titles in Passport
- Passport includes full name only, excluding titles or job descriptions.
- Court-ordered name changes must be supported by certified court decree.
Travel Documents Issuance
- Issued to:
- Filipino citizens returning without valid passports.
- Filipino citizens being sent back to the Philippines.
- Alien spouses/dependents not naturalized traveling to Philippines.
- Permanent resident aliens unable to obtain foreign passports.
- Stateless persons, refugees with residency/asylum.
Amendments to Passports
- Holders may request lawful amendments approved by DFA officials.
- Diplomatic/official passports require revalidation before each departure.
Loss or Destruction of Passport
- Immediate reporting to DFA or diplomatic post required.
- Affidavit detailing circumstances of loss or destruction must be submitted.
- In the Philippines, copies of affidavit submitted to National Bureau of Investigation and Bureau of Immigration.
- Abroad, diplomatic posts coordinate with DFA for investigation and confiscation requests.
- No reissue until 15 days after affidavit submission (waivable for abroad cases).
- Lost passports found after replacement must be destroyed or returned.
Passport Fees
- Reasonable fees collected for passport services as set by DFA.
- Fee increases limited to once every three years.
Passport Revolving Fund
- Special service fees (up to P250) charged for extraordinary processing or after-hours service.
- Fund used for improving passport and consular services, excluding travel/transport expenses.
- Subject to Commission on Audit and biannual congressional reporting.
Waiver of Requirements
- Secretary of Foreign Affairs has exclusive authority to waive passport application requirements.
Offenses and Penalties
- Serious penalties for offenses affecting passport integrity:
- Unauthorized issuance or verification of passports: fines P15,000–P60,000 and imprisonment 18 months to 6 years; disqualification from public office for officials.
- False statements in passport applications or use of false passports: fines P15,000–P60,000; imprisonment 3 to 10 years.
- Forgery or alteration of passports or supporting documents: fines P60,000–P150,000; imprisonment 6 to 15 years.
- Massive forgery (5 or more passports): fines P250,000–P1,000,000; imprisonment 7 to 17 years.
- Improper use, defacing, or destruction of passports: fines P60,000–P150,000; imprisonment 6 to 15 years.
- Holding multiple valid passports (except as allowed): fines P15,000–P60,000; imprisonment 18 months to 6 years.
- Heavier penalties under the Revised Penal Code apply if applicable.
Suspension of Travel and Recruitment Agencies
- Accreditation suspended for agencies violating application rules.
- Submission of forged documents by agents prima facie evidence of agency's fault.
- Subject to civil, criminal, administrative sanctions including license revocation.
Rulemaking Authority
- Secretary required to issue implementing rules within 60 days of effectivity without delay.
Separability Clause
- Invalidity of any provision does not affect the remainder of the Act.
Repealing Clause
- Conflicting laws and regulations repealed, amended, or modified accordingly.
Effectivity
- The Act takes effect 15 days after publication in at least five newspapers or Official Gazette.