Section 1. Short Title. — This Act will be called as the
"Philippine Passport Act of 1996."
Sec. 2. Statement of Policy. — The people's
constitutional right to travel is inviolable. Accordingly, the
government has the duty to issue passport or any travel document to any
citizen of the Philippines or individual who complies with the
requirement of this Act. The right to travel may be impaired only when
national security, public safety, or public health requires. To enhance
and protect the unimpaired exercise of this right, only minimum
requirements for the application and issuance of passports and other
travel documents shall be prescribed. Action on such application and
the issuance shall be expedited.
Sec. 3. Definitions. — As used in this Act:
a) Department means the Department of Foreign Affairs;
b) Secretary means the Secretary of Foreign Affairs;
c) Post means a Philippine diplomatic and consular
post such as an Embassy or Consulate;
d) Passport means a document issued by the Philippine
government to its citizens and requesting other governments to allow
its citizens to pass safely and freely, and in case of need to give
him/her all lawful aid and protection;
e) Travel Document means a certification or
identifying document containing the description and other personal
circumstances of its bearer, issued for direct travel to and from the
Philippines valid for short periods or a particular trip. It is issued
only to persons whose claim to Philippine citizenship is doubtful or
who fall under the category enumerated in Section 13 of this Act;
f) Supporting Documents mean any paper or document
which is required to be submitted with the passport application
supporting claims to Filipino citizenship to complete the application
for a passport without which such application would be deemed
incomplete or otherwise become subject to denial by the issuing
authority;
g) Ambassadors mean those who have been appointed as
chiefs of mission and have served as Ambassador Extraordinary and
Plenipotentiary.
Sec. 4. Authority to Issue, Deny, Restrict or
Cancel. — Upon the application of any qualified Filipino citizen, the
Secretary of Foreign Affairs or any of his authorized consular officer
may issue passports in accordance with this Act.
Philippine consular officers in a foreign country shall be authorized
by the Secretary to issue, verify, restrict, cancel or refuse a
passport in the area of jurisdiction of the Post in accordance with the
provisions of this Act.
In the interest of national security, public safety and public health,
the Secretary or any of the authorized consular officers may, after due
hearing and in their proper discretion, refuse to issue a passport, or
restrict its use or withdraw or cancel a passport: provided, however,
that such act shall not mean a loss or doubt on the person's
citizenship: provided, further, that the issuance of a passport may not
be denied if the safety and interest of the Filipino citizen is at
stake: provided, finally, that refusal or cancellation of a passport
would not prevent the issuance of a Travel Document to allow for a safe
return journey by a Filipino to the Philippines.
Sec. 5. Requirements for the Issuance of Passport.
— No passport shall be issued to an applicant unless the Secretary or
his duly authorized representative is satisfied that the applicant is a
Filipino citizen who has complied with the following requirements:
a) A duly accomplished application form and
photographs of such number, size and style as may be prescribed by the
Department;
b) The birth certificate duly issued or authenticated
by the Office of the Civil Registrar General: provided, however, that
if the birth of the applicant has not been registered yet, or if his
birth certificate is destroyed, damaged, or not available due to other
causes, he shall apply for delayed registration of his birth with the
Office of the Civil Registrar General which shall issue to said
applicant a certification of pending application for delayed
registration of birth attaching thereto a copy of an accomplished
certificate of live birth. Such certification and the accomplished
certificate of live birth shall be sufficient to support an application
for passport in addition to other papers which the Department may
require from the applicant;
c) In the absence of a birth certificate, a baptismal
certificate for those who are members of a Christian religious, or
similar or equivalent certificate issued by a non-Christian religious
group, attesting to the applicant's having been admitted to such
religious group or set at an early age and where it is indicated that
the applicant is a Filipino citizen, which should be accompanied by a
joint affidavit by two (2) persons who have personal knowledge of the
applicant and of such age as to credibly state the applicant's date and
place of birth, citizenship, and names of parents: provided, that
Filipinos who do not believe in any religion and whose parents for any
reason failed to have the said applicant baptized shall be exempted
from the baptismal certificate requirement: provided, further, that in
lieu thereof, the applicant shall execute an affidavit to that effect
duly corroborated by affidavit of at least two (2) persons of good
reputation who personally know such fact:
d) In case of a woman who is married, separated,
divorced or widowed or whose marriage has been annulled or declared by
court as void, a copy of the 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: provided, that in case of a divorce decree,
annulment or declaration of marriage as void, the woman applicant may
revert to the use of her maiden name: provided, further, that such
divorce is recognized under existing laws of the Philippines;
e) In the case of naturalized citizens, a certified
copy of the naturalization certificate; or a certified naturalization
certificate of husband or parent duly issued and authenticated by the
Office of the Civil Registrar General if citizenship is claimed through
naturalization of spouse or parent;
f) For an applicant who has not reached the age of
majority, an affidavit of consent from a parent as indicated in the
passport application if the minor is travelling with either parent, and
a clearance from the Department of Social Welfare and Development, if
the minor is travelling with a legal guardian or a person other than a
parent;
g) If the applicant is an adopted person, the duly
certified copy of court order of adoption, together with the original
and amended birth certificates duly issued and authenticated by the
Office of the Civil Registrar General shall be presented: provided,
that in case the adopted person is an infant or a minor or the
applicant is for adoption by foreign parents, an authority from the
Department of Social Welfare and Development shall be required:
provided, further, that the adopting foreign parents shall also submit
a certificate from their embassy or consulate that they are qualified
to adopt such infant or minor child;
h) In her case of discrepancy between the applicant's
name in the birth certificate and in any other private documents, the
former shall prevail over the latter unless by operation of law or
through court order, the applicant is permitted to use name other than
what is officially recorded in the Civil Register; and
i) If the applicant is a government employee, the
travel authority issued by the head of department, agency or office,
may be required only if said applicant is applying for an official
passport.
Sec. 6. Application. — The application may be
filed by:
a) The application himself or herself; or
b) The parent or legal guardian on behalf of an
applicant who is below the age of majority.
In case of first time applicants, the applicant must present
himself/herself in person to prove that he or she is the same person
and of the age claimed in the application form. In case of renewal the
application may be filed by any licensed travel agency duly accredited
by the Department of Foreign Affairs: provided, that the agent shall be
responsible for the authenticity or bona fide of the supporting
documents being presented to meet the requirements for the application
of passports.
Sec. 7. Types of Passports. — The Secretary or the
authorized representative or consular officer may issue the following
types of passports:
a) Diplomatic passport for persons imbued with
diplomatic status or are on diplomatic mission such as:
1. The President and former Presidents of the
Republic of the Philippines;
2. The Vice-President and former Vice-Presidents of
the Republic of the Philippines;
3. The Senate President and the Speaker of the House
of Representatives;
4. The Chief Justice of the Supreme Court;
5. The Cabinet Secretaries, and the Undersecretaries
and Assistant Secretaries of the Department of Foreign Affairs;
6. Ambassadors, Foreign Service Officers of all ranks
in the career diplomatic service; Attaches, and members of their
families;
7. Members of the Congress when on official mission
abroad or as delegates to international conferences;
8. The Governor of the Bangko Sentral ng Pilipinas
and delegates to international or regional conferences when on official
mission or accorded full powers by the President; and
9. Spouses and unmarried minor-children of the
above-mentioned officials when accompanying or following to join them
in an official mission abroad.
The President of the Philippines and the Secretary of the Department of
Foreign Affairs may grant diplomatic passports to officials and persons
other than those enumerated herein who are on official mission abroad.
b) Official Passport to be issued to all government
officials and employees on official trip abroad but who are not on a
diplomatic mission or delegates to international or regional
conferences or have not been accorded diplomatic status such as:
1. Undersecretaries and Assistant Secretaries of the
Cabinet other than the Department of Foreign Affairs, the Associate
Justices and other members of the Judiciary, members of the Congress
and all other government officials and employees travelling on official
business and official time;
2. Staff officers and employees of the Department of
Foreign Affairs assigned to diplomatic and consular posts and officers
and representatives of other government departments and agencies
assigned abroad;
3. Persons in the domestic service and household
members of officials assigned to diplomatic or consular posts;
4. Spouses and unmarried minor children of the
officials mentioned above when accompanying or following to join them.
c) Regular Passport issued to Filipino citizens who
are not eligible or entitled to diplomatic or official passports,
including government officials or employees going abroad for pleasure
or other personal reasons. Government officials and employees and
members of their families may, during their incumbency in office, hold
two passports simultaneously; (1) a regular passport for private
travel; (2) a diplomatic or official passport when travelling abroad on
diplomatic or official business. The wife and minor children of persons
entitled to a diplomatic or official passport shall be issued regular
passports, if they are not accompanying or following to join them.
Sec. 8. Grounds for Denial, Cancellation or
Restrictions. — The application for passport may be denied, cancelled
or restricted only on the following grounds:
a) Denial of Passport
1. On orders of the court, after due notice and
hearing, to hold the departure of an applicant because of a pending
criminal case:
2. When so requested by the natural or legal
guardian, if the applicant is a minor;
3. When the applicant has been found to have violated
any of the provisions of this Act;
4. Such other disqualification under existing laws.
b) Cancellation
1. When the holder is a fugitive from justice;
2. When the holder has been convicted of a criminal
offense; Provided, that the passport may be restored after service of
sentence; or
3. When a passport was acquired fraudulently or
tampered with.
c) Restricted
1. When the country of destination is in a state of
political instability which could pose a danger to the Filipino
traveler.
2. When diplomatic ties have been fractured or
severed with the Philippines;
3. When the country of destination is subject to
travel restriction by government policy, enforcement of action by the
United Nations or in a state of war.
Sec. 9. Appeal. — Any person who feels aggrieved
as a result of the application of this Act of the implementing rules
and regulations issued by the Secretary shall have the right to appeal
to the Secretary of Foreign Affairs from whose decision judicial review
may be had to the Courts in due course.
Section 10. Validity. — Regular passports issued
under this Act shall be valid for a period of five (5) years: provided,
however, that the issuing authority may limit the period of validity to
less than five (5) years; whenever in the national economic interest or
political stability of the country such restriction is necessary:
provided, finally, that a new passport may be issued to replace one
which validity has expired, the old passport being returned to the
holder after cancellation.
Section 11. Ownership of Passports. — A Philippine
passport remains at all times the property of the Government, the
holder being a mere possessor thereof as long as it is valid and the
same may not be surrendered to any person or entity other than the
government or its representative: provided, that a Filipino citizen may
voluntarily surrender his/her passport to a Philippine Service Post for
storage and safekeeping for which a proper receipt shall be issued for
use when reclaiming the passport at a later date.
Section 12. Names and Titles. — The passport shall
contain the full name of the applicant, but shall not include his title
or titles or profession or job description. If an applicant's name is
changed by order of the court, a certified copy of the court order or
decree shall be submitted together with the birth certificate or old
passport on application.
Section 13. Travel Documents. — A travel document, in
lieu of a passport, may be issued to:
a) A Filipino citizen returning to the Philippines
who for one reason or another has lost his/her passport or cannot be
issued a regular passport;
b) A Filipino citizen being sent back to the
Philippines;
c) An alien spouse of a Filipino and their
dependents who have not yet been naturalized as a Filipino and who are
travelling to the Philippines or is a permanent resident of the
Philippines;
d) Aliens permanently residing in the Philippines who
are not able to obtain foreign passport and other travel documents;
e) A stateless person who is likewise a permanent
resident, or a refugee granted such status or asylum in the Philippines.
Section 14. Amendments. — A passport may be amended
at the request of the holder for any lawful purpose, but such amendment
should be approved by the Secretary or his duly authorized diplomatic
or consular officers.
Diplomatic and official passports shall be submitted for revalidation
before each departure of the holder.
Section 15. Loss or Destruction. — The loss or
destination of a passport should be immediately reported to the
Department or the Post. The holder of such passport shall submit to the
Department or Post an affidavit stating in detail the circumstances of
such loss or destruction. The holder of such a passport who is in the
Philippines, should also furnish the National Bureau of Investigation
and the Bureau of Immigration copies of the affidavit. For those who
are abroad, copies of the affidavit will be forwarded by the Post to
the Department's Office of Consular Services, and in coordination with
the Office of Legal and Intelligence Services, shall transmit a copy of
the affidavit to the National Bureau of Investigation and Bureau of
Immigration. The transmittal of the affidavit shall be accompanied by a
request for the confiscation of the said passport if found, and to
investigate or detain if necessary, the person attempting to use or has
used the passport. All Posts will be informed of the lost passport,
including pertinent information on the passport and the circumstances
of loss.
No new passport shall be issued until satisfactory proof is shown that
the passport was actually lost and after the lapse of fifteen (15) days
following the date of submission of the affidavit of loss is herein
required: provided, however, that in the case of a passport reported
lost be a Filipino travelling abroad, the Consulate may waive the
fifteen (15) days requirement if the loss has been proven to the
Consular Official's satisfaction: provided, further, that in case the
Filipino who reported a loss of passport is returning to the
Philippines, the holder may be issued a Travel Document: provided,
finally, that in the event the lost passport is found, it should be
destroyed if a replacement has been issued, or mailed to the holder who
was issued a Travel Document.
In all cases, the head of Office of Consular Services or the head of
the Consular Section of an Embassy or the Consul General of a consulate
may, upon his discretion, waive the fifteen (15)-day waiting period.
Section 16. Fees. — Reasonable fees shall be
collected for the processing, issuance, extension, amendment or
replacement of a lost passport and the issuance of a Travel Document as
may be determined by the Department: provided, however, that any fee
shall not be increased more than once every three (3) years.
Section 17. Passport Revolving Fund. — The Department
may charge a service fee of not more than Two Hundred Fifty Pesos
(P250) for such service rendered to applicants relating to the
processing and issuance of passports requiring special consideration,
waiver or issuance beyond regular office hours. The service fees
received by the Department under this section shall constitute a
revolving fund to be called the "President Revolving Fund" which may be
utilized by the Department for the improvement of its passporting and
consular services and other Department services except travel and
transportation allowances and expenses.
The setting up, use and disbursement of funds shall be subject to
review, accounting and auditing rules and regulations of the Commission
on Audit and will be subject to an annual review by Congress, but the
Secretary will submit a report on the disbursement of the fund every
six (6) months to both the Senate and the House Committees on Foreign
Relations.
Section 18. Waiver. — The Secretary of Foreign
Affairs is solely authorized to waive any requirements set forth in
Sec. 5 of this Act.
Section 19. Offenses and Penalties. — A passport
being a proclamation of the citizenship of a Filipino, is a document
that is superior to all other official documents. As such, it should be
accorded the highest respect by its holder that to do damage to its
integrity and validity is a serious crime that should be penalized
accordingly:
a) Offenses Relating to Issuances: Penalties. — Any
person who:
1. Acting or claiming to act in any capacity of
office under the Republic of the Philippines, without lawful authority,
grants, issues or verifies any passport or travel document to any or
for any person whomsoever shall be punished by 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; or
2. Being a diplomatic or consular official authorized
to grant, issue, amend or verify passports, knowingly and willfully
grants, issues, amends or verifies any such passport to any person not
owing allegiance to the Republic of the Philippines, whether citizen or
not, shall be punished by 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 but not more than
six (6) years, and upon conviction, be disqualified from holding
appointive public office;
3. Being a diplomatic officer knowingly and willfully
grants and issues to amends or certifies to the authenticity of any
passport or travel documents for any person not entitled thereto, or
knowingly and willfully issues more than one passport to any person
except as provided for in this Act, shall be punished by 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 and upon conviction, be disqualified from
holding appointive public office.
b) Offenses Relating to False Statements: Penalties.
— Any person who willfully and knowingly:
1. Makes any false statement in any application for
passport with the intent to induce or secure the issuance of a passport
under the authority of the Philippine Government, either for his own
use or the use of another, contrary to this Act or rules and
regulations prescribed pursuant hereto shall be punished by 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 three (3)
years nor more than ten (10) years: or
2. Uses or attempts to use any passport which was
secured in any way by reason of any false statements, shall be punished
by a fine of not less that Fifteen thousand pesos (15,000) nor more
than Sixty thousand pesos (60,000) and imprisonment of not less that
three (3) years, but not more than ten (10) years; or
3. Travel and recruitment agencies whose agents,
liaison officers or representatives are convicted of offenses relating
to false statements shall in addition to the fines and penalties
abovementioned have their license revoked with all deposits, escrow
accounts or guarantee funds deposited or made as a requirement of their
business forfeited in favor of the government without prejudice to the
officials of the branch office or of the agency being charged as
accessories to the offense and upon conviction barred from engaging in
the travel agency business.
c) Offenses Relating to Forgery: Penalties. — Any
person who:
1. Falsely makes, forges, counterfeits, mutilates or
alters any passport or travel documents or any supporting document for
a passport application, with the intent of using the same shall be
punished by a fine of not less than Sixty thousand pesos (P60,000) nor
more than One hundred fifty thousand pesos (150,000) and imprisonment
of not less than six (6) years nor more than fifteen (15) years; or
2. Willfully or knowingly uses or attempts to use or
furnishes to another for use any such false, forged, counterfeited,
mutilated or altered passport or travel document or any passport
validly issued which has become void by the occurrence of any condition
therein prescribed shall be punished by a fine of not less than Sixty
thousand pesos (60,000) nor more than One hundred and fifty thousand
pesos (P150,000) and imprisonment of not less than six (6) years nor
more than fifteen (15) years: provided, however, that officers of
corporations, agencies or entities licensed in the travel and
recruitment industry would be held similarly as their agents, liaison
officers or representatives: provided, finally, that forgeries of five
or more passports or travel documents, would be considered as massive
forgery tantamount to national sabotage and shall be punished by a fine
of not less than Two hundred and fifty thousand pesos (P250,000) nor
more than One Million pesos (1,000,000) and imprisonment of not less
than seven (7) years nor more than seventeen (17) years.
d) Offenses Relating to Improper Use: Penalties. —
Any person who willfully and knowingly:
1. Uses or attempts to use, any passport issued or
designed for the use of another or any supporting documents for a
passport application which belongs to another; or
2. Uses or attempts to use any passport or supporting
documents in violation of the conditions or restrictions therein
contained, or of the rules prescribed pursuant thereto; or
3. Furnishes, disposes, or delivers a passport to any
person, for use by another or other than the person for whose use it
was originally issued or designed; or
4. Defaces or destroys a Philippine passport, shall
be punished by a fine of not less than Sixty thousand pesos (P60,000)
nor more than One hundred fifty thousand pesos (P150,000) and
imprisonment of not less than six (6) years nor more than fifteen years.
e) Offenses Relating to Multiple Possession:
Penalties. — No person or individual may hold more than one valid
passport, except as provided for in Sec. 7 hereof, and any
individual who possesses more than one unexpired passport shall, for
every unexplored passport found in his possession, be punished by 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 but not more than six (6) years: provided, that
the maximum fine and imprisonment shall be imposed by the court if he
attempts to use or actually uses an unexpired passport which is not in
his name.
In case any of the offenses prohibited in this Act constitutes a
violation of the Revised Penal Code and the penalty imposed in said
Code is heavier than that in this Act, the latter penalty shall be
imposed.
Sec. 20. Suspension of Accreditation. — Any duly
accredited travel or recruitment agent or agency which violates the
prescription on application for passport under Sec. 6 hereof shall
have such accreditation suspended without prejudice to civil, criminal
or administrative sanctions including revocation of its license to
operate.
The mere submission of spurious, forged or falsified documents
supporting a passport application by any duly accredited travel or
recruitment agent or agency shall be prima facie evidence that the said
travel or recruitment agent is the author of such forgery or
falsification.
Sec. 21. Rules and Regulations. — The Secretary
shall issue such rules and regulations as may be necessary to implement
the provisions herein within sixty (60) days from date of effectivity
of this Act without extension or delays.
Sec. 22. Separability Clause. — Should any
provision of this Act or the applicability thereof to any person or
circumstances is held invalid, the remainder thereof shall not be
affected thereby.
Sec. 23. Repealing Clause. — All laws, decrees,
orders, rules and regulations or parts thereof inconsistent with the
provisions of this Act are hereby repealed, amended or modified
accordingly.
Sec. 24. Effectivity. — This Act shall take effect
fifteen (15) days after its publication in at least five (50 newspapers
of general circulation or in the Official Gazette.
Approved: November 22, 1996.
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