Title
Philippine Passport Act of 1996 overview
Law
Republic Act No. 8239
Decision Date
Nov 22, 1996
The Philippine Passport Act of 1996 establishes the inviolable right to travel for Filipino citizens and outlines the requirements and regulations for passport issuance, denial, cancellation, and restriction, as well as the penalties for offenses related to passports.

Statement of Policy

  • Recognizes the constitutional right of Filipinos to travel as inviolable.
  • Government duty to issue passports or travel documents to qualified individuals.
  • Travel rights may only be limited for national security, public safety, or health reasons.
  • Minimum requirements and expedited procedures for passport issuance are mandated.

Definitions

  • Department: Department of Foreign Affairs (DFA).
  • Secretary: Secretary of Foreign Affairs.
  • Post: Philippine diplomatic/consular posts (Embassy/Consulate).
  • Passport: Document issued to Filipino citizens for safe travel abroad.
  • Travel Document: Issued to persons whose citizenship is doubtful or fall under specific categories, valid for short periods or particular trips.
  • Supporting Documents: Papers required to prove Filipino citizenship for passport application.
  • Ambassadors: Chiefs of mission who have served as Ambassador Extraordinary and Plenipotentiary.

Authority to Issue, Deny, Restrict, or Cancel Passports

  • Secretary of Foreign Affairs or authorized consular officers may issue, verify, restrict, cancel or refuse passports.
  • Actions must consider national security, public safety, and public health.
  • Decisions require due hearing and proper discretion.
  • Refusal or cancellation does not affect citizenship status.
  • Travel Documents can be issued for safe return if passport is denied or canceled.

Requirements for Passport Issuance

  • Completed application form and prescribed photographs.
  • Birth certificate authenticated by the Civil Registrar General or delayed registration certification if birth unregistered.
  • Baptismal or equivalent religious certificate with affidavits if birth certificate unavailable.
  • Marriage or relevant civil documents for married, separated, divorced, or widowed women.
  • Naturalization certificate for naturalized citizens or spouse/parent.
  • Affidavits of consent and DSWD clearance for minors traveling without parents.
  • Adoption court orders and related documents with DSWD authorization for adopted persons.
  • Name discrepancies resolved in favor of birth certificate or court order.
  • Official passports require travel authority for government employees.

Application Procedures

  • Applicants must apply in person for first-time passports.
  • Parents or legal guardians can apply for minors.
  • Renewal applications may be filed through accredited licensed travel agencies responsible for document authenticity.

Types of Passports Issued

  • Diplomatic Passport: For highest officials (President, Vice-President, justices, cabinet members, ambassadors, etc.) and family members accompanying official missions.
  • Official Passport: For officials and employees on official but non-diplomatic missions and domestic staff assigned abroad.
  • Regular Passport: For citizens not eligible for diplomatic or official passports, including private travel.
  • Officials and family members may hold two passports simultaneously under certain conditions.

Grounds for Denial, Cancellation, or Restriction

  • Denial: Court orders preventing departure due to pending criminal cases, requests by guardians for minors, violations of the Act, or other legal disqualifications.
  • Cancellation: Holders who are fugitives, convicted criminals (passport can be restored post-sentence), or who acquired passports fraudulently.
  • Restriction: Travel to politically unstable countries, countries with severed diplomatic ties, or war zones.

Appeals Process

  • Aggrieved persons may appeal decisions to the Secretary of Foreign Affairs.
  • Judicial review available through courts.

Passport Validity

  • Regular passports valid for five years, but validity period may be shortened for national interest or political stability.
  • Expired passports are replaced upon return of the old passport.

Passport Ownership

  • Passports remain government property; holders are mere possessors.
  • Surrender allowed only to government or representatives.
  • Voluntary surrender for safekeeping at Philippine Service Posts is permitted with receipt issuance.

Passport Name Protocol

  • Passports contain full names without titles or job descriptions.
  • Court-ordered name changes require submission of court certification.

Travel Documents

  • Issued in lieu of passports to:
    • Filipinos returning without a passport or unable to obtain one.
    • Filipino deportees.
    • Alien spouses and dependents not yet naturalized.
    • Permanent resident aliens unable to secure travel documents.
    • Stateless persons or recognized refugees with permanent residency.

Amendments to Passports

  • Passport amendments allowed for lawful purposes with approval.
  • Diplomatic and official passports require revalidation before each departure.

Procedures for Lost or Destroyed Passports

  • Immediate reporting to DFA or Philippine Post required.
  • Submission of detailed affidavit on circumstances of loss/destruction.
  • Notification to National Bureau of Investigation and Bureau of Immigration.
  • Fifteen-day waiting period before re-issuance unless waived under certain conditions.
  • Issuance of Travel Document may be allowed for foreigners abroad.
  • Lost passports, if found, must be destroyed or returned.

Passport Fees

  • Fees collected for processing, issuance, amendment, replacement, or Travel Documents.
  • Fee adjustments limited to once every three years.

Passport Revolving Fund

  • Up to Php 250 service fee for expedited or special passport services.
  • Funds used solely for improving passport and consular services.
  • Subject to audit and congressional oversight.

Waiver of Requirements

  • Secretary of Foreign Affairs has sole authority to waive passport application requirements.

Offenses and Penalties

  • Various offenses include unauthorized issuance, false statements, forgery, improper use, and possession of multiple passports.
  • Penalties consist of fines ranging from Php 15,000 to Php 1,000,000 and imprisonment from 18 months to 17 years.
  • Additional sanctions for travel and recruitment agencies’ violations.
  • Heavier penalties under the Revised Penal Code apply if relevant.

Suspension of Travel/Recruitment Agency Accreditation

  • Accredited agencies submitting spurious or forged documents face suspension and other sanctions.
  • Prima facie evidence of agency culpability if supporting documents are falsified.

Rulemaking Authority

  • Secretary must issue implementing rules and regulations within 60 days of the Act’s effectivity.

Separability Clause

  • Invalidity of any provision or application does not affect the remainder of the Act.

Repealing Clause

  • Conflicting laws, decrees, orders, rules, or regulations are repealed or amended accordingly.

Effectivity

  • The Act takes effect 15 days after publication in at least five newspapers or the Official Gazette.

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