Philippine Passport Act of 1996 overview

Key definitions and meanings

Section 3 defines Department as the Department of Foreign Affairs.
Section 3 defines Secretary as the Secretary of Foreign Affairs.
Section 3 defines Post as a Philippine diplomatic and consular post such as an Embassy or Consulate.
Section 3 defines Passport as a government document requesting other governments to allow passage and, when needed, to provide lawful aid and protection.
Section 3 defines Travel Document as a certification/identifying document issued for direct travel to and from the Philippines valid for short periods or a particular trip, issued only to persons whose Philippine citizenship is doubtful or who fall under Section 13 categories.
Section 3 defines Supporting Documents as papers required to be submitted with a passport application supporting claims to Filipino citizenship, without which the application is incomplete or may be denied.
Section 3 defines Ambassadors as chiefs of mission who have served as Ambassador Extraordinary and Plenipotentiary.

Who issues passports and documents

Section 4 provides that upon application of any qualified Filipino citizen, the Secretary of Foreign Affairs or any authorized consular officer may issue passports in accordance with the Act.
Section 4 authorizes Philippine consular officers in a foreign country—within the jurisdiction of their Post—to issue, verify, restrict, cancel, or refuse passports under the Act.
Section 4 empowers the Secretary or authorized consular officers to refuse to issue, restrict use, or withdraw/cancel a passport after due hearing and in their proper discretion for national security, public safety, or public health.
Section 4 requires that such action shall not mean a loss or doubt on the person’s citizenship.
Section 4 bars denial of passport when the safety and interest of the Filipino citizen is at stake.
Section 4 requires that refusal or cancellation of a passport must not prevent issuance of a Travel Document for a safe return journey by a Filipino to the Philippines.

Passport issuance requirements

Section 5 provides that no passport shall be issued unless the Secretary (or duly authorized representative) is satisfied the applicant is a Filipino citizen who has complied with the listed requirements.
Section 5 requires a duly accomplished application form and photographs of the number, size, and style prescribed by the Department.
Section 5 requires a birth certificate duly issued or authenticated by the Office of the Civil Registrar General, and provides rules when a birth certificate is unavailable:
- If the birth is not registered, or if the birth certificate is destroyed, damaged, or not available, the applicant must apply for delayed registration; the Office of the Civil Registrar General issues a certification of pending application for delayed registration attaching a copy of an accomplished certificate of live birth, which supports the passport application.
- In the absence of a birth certificate, Section 5 allows a baptismal certificate (for members of Christian religious organizations) or a similar/equivalent certificate from a non-Christian religious group attesting early admission to the group/sect as a Filipino citizen, accompanied by a joint affidavit by two (2) persons with personal knowledge stating date and place of birth, citizenship, and names of parents.
- Section 5 exempts Filipinos who do not believe in any religion and whose parents failed to have the applicant baptized from the baptismal certificate requirement; instead, the applicant must execute an affidavit corroborated by affidavit of at least two (2) persons of good reputation who personally know such fact.
Section 5 requires marriage-related documents for women applicants with specified marital status changes (married, separated, divorced, widowed, or marriage annulled/declared void), including:
- A copy of certificate of marriage, court decree of separation, divorce or annulment, or certificate of death of the deceased spouse, duly issued and authenticated by the Office of the Civil Registrar General.
- For divorce decrees/annulments/void declarations, the woman applicant may revert to the use of her maiden name, but only if the divorce is recognized under existing laws of the Philippines.
Section 5 requires naturalized-citizen proof (certified copy of naturalization certificate, or certified naturalization certificate of spouse/parent) when citizenship is claimed through naturalization of spouse or parent.
Section 5 imposes requirements for minors:
- For applicants below the age of majority: an affidavit of consent from a parent as indicated in the passport application if the minor travels with either parent, and a clearance from the Department of Social Welfare and Development if the minor travels with a legal guardian or person other than a parent.
Section 5 requires adoption documentation:
- Adopted persons must present a duly certified copy of the court order of adoption, plus original and amended birth certificates duly issued and authenticated.
- If the adopted person is an infant or minor, or the applicant is for adoption by foreign parents, an authority from Department of Social Welfare and Development is required, and the adopting foreign parents must submit a certificate from their embassy/consulate that they are qualified to adopt.
Section 5 provides name-discrepancy rules: when there is discrepancy between the applicant’s name in the birth certificate and other private documents, the birth certificate controls, unless by operation of law or by court order the applicant is permitted to use a different name recorded in the Civil Register.
Section 5 limits travel authority requirements for government employees: a travel authority issued by the head of department/agency/office may be required only if the government employee applies for an official passport.

How applications are filed

Section 6 provides that applications may be filed either by:
- The applicant personally; or
- The parent or legal guardian on behalf of an applicant below the age of majority.
Section 6 requires first-time applicants to present themselves in person to prove they are the same person and of the age claimed.
Section 6 provides that for renewal, the application may be filed by any licensed travel agency duly accredited by the Department of Foreign Affairs.
Section 6 makes the accredited agent responsible for the authenticity or bona fide of the supporting documents presented to meet passport application requirements.

Passport types and coverage categories

Section 7 authorizes the Secretary, authorized representative, or consular officer to issue specified passport types.
Section 7 sets Diplomatic passport issuance categories, including:
- The President and former Presidents, Vice-President and former Vice-Presidents, Senate President, and Speaker of the House of Representatives;
- Chief Justice of the Supreme Court;
- Cabinet Secretaries and Undersecretaries and Assistant Secretaries of the Department of Foreign Affairs;
- Ambassadors, Foreign Service Officers of all ranks in the career diplomatic service, Attaches, and members of their families;
- Members of the Congress on official mission abroad or as delegates to international conferences;
- Governor of the Bangko Sentral ng Pilipinas and delegates to international/regional conferences when on official mission or accorded full powers by the President;
- Spouses and unmarried minor children of the above officials when accompanying or following to join them.
Section 7 allows the President and the Secretary of the Department of Foreign Affairs to grant diplomatic passports to officials and persons other than the enumerated officials who are on official mission abroad.
Section 7 provides for Official Passport for government officials and employees on official trip abroad who are not on diplomatic mission, not delegates to international/regional conferences, and not accorded diplomatic status, including specified officials, DFA post-assignment staff, household members of officials assigned abroad, and spouses/unmarried minor children when accompanying/following.
Section 7 defines Regular Passport for Filipino citizens not eligible/entitled to diplomatic or official passports, including travel for pleasure or personal reasons.
Section 7 permits certain dual-passport holding: during incumbency, government officials/employees and family members may hold two passports simultaneously—(1) regular for private travel and (2) diplomatic/official for travel on diplomatic/official business.
Section 7 provides that the wife and minor children of persons entitled to diplomatic/official passports shall be issued regular passports if not accompanying or following to join.

Grounds for denial, cancellation, and restrictions

Section 8 provides that passport application may be denied, cancelled, or restricted only on the stated grounds.
Section 8 sets denial grounds:
- Court orders after due notice and hearing to hold departure due to a pending criminal case;
- Request by the applicant’s natural or legal guardian if the applicant is a minor;
- Applicant found to have violated any provision of the Act;
- Any other disqualification under existing laws.
Section 8 sets cancellation grounds:
- Holder is a fugitive from justice;
- Holder has been convicted of a criminal offense, with passport restoration after service of sentence;
- Passport was acquired fraudulently or tampered with.
Section 8 sets restriction grounds when:
- Destination country is in political instability posing danger to Filipino traveler;
- Diplomatic ties have been fractured or severed with the Philippines;
- Destination country is subject to travel restriction by government policy, UN action, or in a state of war.

Appeals and judicial review

Section 9 grants any aggrieved person the right to appeal to the Secretary of Foreign Affairs from decisions implementing the Act or implementing rules and regulations.
Section 9 provides that judicial review may be had to the Courts in due course.

Passport validity and replacement

Section 10 provides that regular passports issued under the Act are valid for five (5) years.
Section 10 allows the issuing authority to limit validity to less than five (5) years when necessary for national economic interest or political stability.
Section 10 permits issuing a new passport to replace an expired one, with the old passport being returned to the holder after cancellation.

Government ownership and naming limits

Section 11 provides that a Philippine passport remains at all times the property of the Government and the holder is a mere possessor as long as it is valid.
Section 11 prohibits surrender of a passport to any person or entity other than the government or its representative.
Section 11 allows a Filipino citizen to voluntarily surrender the passport to a Philippine Service Post for storage and safekeeping with a proper receipt for later reclaiming.
Section 12 requires passports to contain the applicant’s full name but not include titles/titles or profession/job description.
Section 12 requires submission of a certified copy of the court order/decree if the applicant’s name was changed by court, together with the birth certificate or old passport on application.

Travel documents in defined cases

Section 13 allows issuance of a Travel Document, in lieu of a passport, to persons in the specified categories:
- A Filipino returning to the Philippines who lost a passport or cannot be issued a regular passport;
- A Filipino being sent back to the Philippines;
- An alien spouse of a Filipino and dependents not yet naturalized, traveling to the Philippines or permanently residing in the Philippines;
- Aliens permanently residing in the Philippines who cannot obtain foreign passport and other travel documents;
- A stateless person permanently residing in the Philippines, or a refugee granted status or asylum in the Philippines.

Amendments, revalidation, and loss reporting

Section 14 allows passport amendment at the holder’s request for any lawful purpose, but requires approval by the Secretary or duly authorized diplomatic/consular officers.
Section 14 requires diplomatic and official passports to be submitted for revalidation before each departure of the holder.
Section 15 requires immediate reporting to the Department or Post for loss or destruction of a passport.
Section 15 requires submission of an affidavit stating in detail the circumstances of the loss or destruction.
Section 15 requires that if the holder is in the Philippines, copies of the affidavit be furnished to the National Bureau of Investigation and the Bureau of Immigration.
Section 15 requires that if abroad, the Post forward copies of the affidavit to the Department’s Office of Consular Services and, in coordination with the Office of Legal and Intelligence Services, transmit a copy to the National Bureau of Investigation and Bureau of Immigration.
Section 15 requires transmittal to include a request for confiscation if found, and investigation or detention if necessary for any person attempting to use or who has used the passport.
Section 15 requires all Posts to be informed of the lost passport with pertinent information and circumstances.
Section 15 bars issuance of a new passport until satisfactory proof of actual loss is shown and after lapse of fifteen (15) days from submission of the affidavit of loss.
Section 15 allows consular waiver of the fifteen (15)-day requirement for passports reported lost by a Filipino traveling abroad if proven to the consular official’s satisfaction.
Section 15 allows issuance of a Travel Document when the Filipino returning to the Philippines reports a loss.
Section 15 requires destruction of the lost passport if found after replacement has been issued, or mailing to the holder issued with a Travel Document.
Section 15 permits heads of Office of Consular Services or heads of Consular Section/Consul General to waive the fifteen-day waiting period at discretion.

Fees and service charges

Section 16 mandates collection of reasonable fees for processing, issuance, extension, amendment, replacement of lost passport, and issuance of a Travel Document, as determined by the Department.
Section 16 bars increasing any fee more than once every three (3) years.
Section 17 authorizes a service fee of not more than Two hundred fifty pesos (P250) for special considerations, waivers, or issuance beyond regular office hours.
Section 17 makes service fees a revolving fund called the “Passport Revolving Fund.”
Section 17 restricts use of the fund to improvement of passporting and consular services and other Department services except travel and transportation allowances and expenses.
Section 17 subjects setup, use, and disbursement to Commission on Audit review and to an annual review by Congress.
Section 17 requires the Secretary to submit a report on disbursement of the fund every six (6) months to both the Senate and House Committees on Foreign Relations.

Waiver of passport application requirements

Section 18 grants the Secretary of Foreign Affairs sole authority to waive any requirements set forth in Section 5.

Offenses and criminal penalties

Section 19 characterizes passports as a proclamation of Filipino citizenship that must be accorded the highest respect, and penalizes offenses that damage passport integrity and validity.
Section 19 imposes penalties for offenses relating to issuances:
- Any person acting or claiming to act without lawful authority who grants, issues, or verifies any passport/travel document punishes with a fine of not less than Fifteen thousand pesos (P15,000) nor more than Sixty thousand pesos (P60,000) and imprisonment of not less than eighteen (18) months nor more than six (6) years.
- A diplomatic or consular official authorized who knowingly and willfully grants/issuses/amends/verifies passports to persons not owing allegiance to the Republic of the Philippines punishes with a fine of P15,000 to P60,000 and imprisonment of not less than eighteen (18) months but not more than six (6) years, and upon conviction is disqualified from holding appointive public office.
- A diplomatic or consular officer who knowingly and willfully grants/issuess/amends or certifies authenticity of passports/travel documents for persons not entitled, or knowingly and willfully issues more than one passport to any person except as provided in the Act punishes with a fine of P15,000 to P60,000 and imprisonment of not less than eighteen (18) months nor more than six (6) years, and upon conviction is disqualified from holding appointive public office.
Section 19 imposes penalties for offenses relating to false statements:
- Willfully and knowingly making false statements in passport applications with intent to secure passport issuance punishes with a fine of P15,000 to P60,000 and imprisonment of not less than three (3) years nor more than ten (10) years.
- Using or attempting to use a passport secured by false statements punishes with a fine of P15,000 to P60,000 and imprisonment of not less than three (3) years but not more than ten (10) years.
- Travel and recruitment agencies whose agents/liaison officers/representatives are convicted for false statements face license revocation with all deposits, escrow accounts, or guarantee funds forfeited in favor of the government, without prejudice to branch officials being charged as accessories.
Section 19 imposes penalties for offenses relating to forgery:
- Falsely making, forging, counterfeiting, mutilating, or altering any passport/travel document or supporting documents with intent to use punishes with a fine of P60,000 to P150,000 and imprisonment of not less than six (6) years nor more than fifteen (15) years.
- Willfully/knowingly using or attempting to use or furnishing to another any such forged/altered passport/travel document, or any passport validly issued that became void due to a condition therein, punishes with a fine of P60,000 to P150,000 and imprisonment of not less than six (6) years nor more than fifteen (15) years.
- Corporate officers of entities licensed in travel/recruitment industry are held similarly liable as their agents/liaison officers/representatives.
- Forgeries of five or more passports/travel documents are treated as massive forgery tantamount to national sabotage, punishable by a fine of P250,000 to P1,000,000 and imprisonment of not less than seven (7) years nor more than seventeen (17) years.
Section 19 imposes penalties for offenses relating to improper use:
- Willfully and knowingly using or attempting to use another person’s passport/supporting documents; using or attempting to use passports/documents in violation of conditions/restrictions; furnishing/dispersing/delivering a passport for use by another; or defacing or destroying a Philippine passport punishes with a fine of P60,000 to P150,000 and imprisonment of not less than six (6) years nor more than fifteen (15) years.
Section 19 imposes penalties for offenses relating to multiple possession:
- No person may hold more than one valid passport, except as provided in Section 7.
- Possessing more than one unexpired passport punishes per unexpired passport with a fine of P15,000 to P60,000 and imprisonment of not less than eighteen (18) months nor more than six (6) years.
- If the offender attempts to use or actually uses an unexpired passport not in the person’s name, courts impose the maximum fine and imprisonment.
- Where an offense also violates the Revised Penal Code and the penalty under the Code is heavier, the heavier Code penalty applies by imposing the Revised Penal Code penalty.

Accreditation suspension and implementing rules

Section 20 provides that any duly accredited travel or recruitment agent or agency that violates passport application prescriptions under Section 6 suffers accreditation suspension, without prejudice to civil/criminal/administrative sanctions including revocation of its license to operate.
Section 20 establishes that mere submission of spurious, forged or falsified documents as supporting documents is prima facie evidence that the travel or recruitment agent or agency is the author of the forgery or falsification.
Section 21 requires the Secretary to issue rules and regulations necessary to implement the Act within sixty (60) days from effectivity, without extension or delays.

Final clauses: separability, repeal, effectivity

Section 22 provides a separability clause: if any provision or its application is held invalid, the remainder remains unaffected.
Section 23 provides a repealing clause: all laws, decrees, orders, rules and regulations, or parts inconsistent with the Act are repealed, amended, or modified accordingly.
Section 24 provides effectivity: the Act takes effect fifteen (15) days after publication in at least five (5) newspapers of general circulation or in the Official Gazette.