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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
Republic Act (RA) No. 11983 or the “New Philippine Passport Act” was enacted in view of the State’s policy to protect the people’s constitutional right to travel while ensuring the issuance of a passport or any travel document in line with international instruments and using secure passport personalization and data management technologies to enhance and protect the unimpaired exercise of the right to travel. The State shall only prescribe minimum requirements and shall ensure expeditions actions on the application and issuance of passports and other travel documents.
Passport refers to the ICAO-complaint machine readable travel document issued by the Philippine Government which contains a request to other governments to permit its bearer to pass safely and freely, and to provide all lawful aid and protection, if needed.
SALIENT PROVISIONS OF RA No. 11983
Authority to Issue, Deny, or Cancel
Section 4. Authority to Issue, Deny, or Cancel. – Upon the application of any qualified Filipino citizen, the Secretary of Foreign Affairs, hereinafter referred to as “DFA Secretary”, or any duly authorized consular official may issue passports in accordance with this Act.
Philippine consular officials in a foreign country shall be authorized by the DFA Secretary to issue, deny, or cancel a passport in the area of jurisdiction of the FSP in accordance with the provisions of this Act.
In the interest of national security, public safety, and public health, and in accordance with Sections 5 and 10 of this Act, the DFA Secretary, or any of the authorized consular officials, may deny issuance of a passport or cancel a passport: Provided, That such act shall not mean a loss of, or a doubt issuance of a passport may not be denied if the safety and interest of the Filipino citizen are at stake: Provided, finally, That denial or cancellation of a passport shall not prevent the issuance of an Emergency Travel Document to allow for a safe return journey by a Filipino to the Philippines.
Requirements for the Application and Issuance of a Passport
Section 5. Requirements for the Application and Issuance of a Passport. – The DFA Secretary, or a duly authorized consular official, shall issue a passport to an applicant who is a Filipino citizen and who has complied with the following requirements:
(a) Personal appearance for biometric and biographic data capturing;
(b) A duly accomplished application form;
(c) Proof of citizenship as prescribed by relevant laws regarding the acquisition of Philippine citizenship which includes, but it not limited to:
(1) For natural-born citizens, Certificate of Live Birth or Report of Birth, or Certificate of Foundling, whichever is applicable, authenticated by the Philippine Statistics Authority (PSA);
(2) For naturalized citizens, Certificate of Naturalization, Identification Certificate, Court Order granting naturalization, Decree of Naturalization, or copy of the law granting legislative naturalization;
(3) Identification Certificate for those who avail of recognition with the Bureau of Immigration or a registered signed, and sworn statement of election of Philippine citizenship for those who were born before January 17, 1973 of Filipino mothers and who elected Philippine citizenship upon reaching the age of majority; and
(4) Order of Approval, Identification Certificate, or Oath of Allegiance for those who avail of reacquisition or retention of Philippine citizenship under Republic Act No. 9225, otherwise known as the “Citizenship Retention and Re-acquisition Act of 2003”;
(d) Valid and sufficient proof of identity, foremost of which is the applicant’s PhilID issued pursuant to Republic Act No. 11055 or the “Philippine Identification System Act”, or competent proof of identity;
(e) For a married woman who wishes to use her husband’s surname, Certificate of Marriage or Report of Marriage, whichever is applicable, authenticated by the PSA;
(f) For a woman who wishes to revert to the use of her maiden name, a duly authenticated birth certificate by the PSA: Provided, That she can only revert to her maiden name once and all her other existing identification cards and pertinent documents shall likewise reflect her maiden name.
If the reversion is by virtue of an annulment, declaration of nullity of marriage, legal separation, judicially-recognized foreign divorce, or death of a husband, a duly annotated applicable, or Certificate of Death or Report of Death, whichever is applicable, authenticated by the PSA;
(g) For a minor applicant, the application may be filed by either parent: Provided, That if a person other than the minor’s parents files the application, a Special Power of Attorney (SPA) duly executed by a person exercising parental authority, as per exiting laws, must be presented for this purpose. For minor applicants who are foundlings, an adult guardian, through the presentation of a letter of guardianship issued by a Family Court and a Department of Social Welfare and Development clearance, may file for the minor’s passport application;
(h) Certificate Declaring a Child Legally Available for Adoption issued by the National Authority for Child Care if the applicant is a prospective adoptive child under Republic Act No. 11642, or the “Domestic Administrative Adoption and Alternative Child Care Act”;
(i) For the renewal of passports by applicants who are sixty (60) years old and above and by migrant workers abroad, the DFA shall implement a system wherein the applicants may submit their application without the need to physically appear in the Office of Consular Affairs or any Consular Office, through the use of available technology;
(j) For applicants who are unable to read or write, persons with disabilities (PWDs), or senior citizens, they may be assisted by a relative within fourth civil degree of consanguinity or affinity, or by the traveling companion of the applicant;
(k) In case of discrepancy, the applicant’s name or other details in the Certificate of Live Birth or Report of Birth shall prevail over those appearing in any other public or private document unless by operation of law through court order, the applicant is permitted to use a name other than what is officially recorded in the PSA;
Valid IDs must be consistent with the name and other biographic details in the Certificate of Live Birth or Report of Birth, as well as the Certificate of Marriage or Report of Marriage, or laws wherein a woman prefers to use her husband’s surname on any given form; and
(l) For government officials or employees seeking to apply for a diplomatic or official passport, they shall submit a travel authority issued by the head of the department, agency, or office, or such head’s duly authorized representative.
Prohibition Against Unfair and Discriminatory Practices
Section 6. Prohibition Against Unfair and Discriminatory Practices. – The DFA, as well as its authorized passport-issuing authorities and personnel, shall only require documents to prove the following:
(i) identity of the applicant;
(ii) the applicant’s citizenship; and
(iii) lack of legal travel restrictions, consistent with Republic Act No. 11032 or the “Ease of Doing Business and Efficient Government Service Delivery Act of 2018”.
Types of Passports
Section 7. Types of Passports. – The DFA Secretary or the authorized consular official may issue the following types of passports:
(a) Diplomatic Passports are issued to citizens with diplomatic status or who are on diplomatic mission, such as:
(1) The President and former President of the Philippines;
(2) The Vice-President and former Vice-President of the Philippines;
(3) The President of the Senate, the Speaker of the House of Representatives, and former Presidents of the Senate and Speakers of the House of Representatives;
(4) The Chief Justice and Associate Justices of the Supreme Court, as well as the respective Presiding Justices of the Court of Appeals, Court of Tax Appeals, and the Sandiganbayan;
(5) The Secretary, Undersecretaries, and Assistant Secretaries of the DFA;
(6) The Members of the Congress, the Secretary of the Senate, and the Secretary General of the House of Representatives;
(7) The Ambassadors Extraordinary and Plenipotentiary of the Republic of the Philippines; Chiefs of Mission, Foreign Service Officers of all ranks in the career diplomatic service, and designated attaches from the DFA and agencies of the government, including the officials of the Migrant Workers Office (MWO) as created under Section 15 of Republic Act No. 11641 or the “Department of Migrant Workers Act”;
(8) The Secretaries of all departments of the Executive branch;
(9) The Governor of the Bangko Sentral ng Pilipinas;
(10) The official delegates to international or regional conferences duly authorized to represent the country; and
(11) The spouses and minor children of the abovementioned officials when accompanying or following to join them on a diplomatic mission abroad.
The President of the Philippines or the DFA Secretary may grant diplomatic passports to officials and persons other than those enumerated herein:
(b) Official Passports are issued to all government officials and employees on official trip abroad but who are not on a diplomatic mission or have not been accorded diplomatic status, such as:
(1) The Undersecretaries and Assistant Secretaries of the Cabinet other than the DFA, the Associate Justices of the Court of Appeals, Court of Tax Appeals, the Sandiganbayan, and other members of the Judiciary, and all other government officials and employees traveling on official business and official time;
(2) Staff officers and employees of the DFA assigned to diplomatic and consular posts, as well as officers and representatives of other government departments and agencies assigned abroad;
(3) Persons in the domestic service of officials assigned to diplomatic or consular posts; and
(4) Spouse and minor children of the staff officers and employees of the DFA assigned to diplomatic or consular posts and offices and representatives of other government agencies assigned abroad, when accompanying or following to join them; and
(c) Regular Passports are 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 (2) passports simultaneously:
(1) A regular passports for private travel; and
(2) A diplomatic or official passport when traveling abroad on a diplomatic or official business.
The DFA shall prescribe the number of pages of passport booklets based on international standards and best practices: Provided, That an option to apply for a passport booklet with additional pages shall be made available subject to reasonable fees as may be determined by the DFA Secretary.
Emergency Travel Documents
Section 8. Emergency Travel Documents. – Types of emergency travel documents:
(a) Emergency Passports shall be issued to Filipino travelers who have lost their passports while traveling overseas and are justifiably in need to complete their intended overseas travel prior to their return to the Philippines or their residence overseas. This shall be valid for one (1) year from the date of issuance; and
(b) Emergency Travel Certificate shall be issued to Filipinos returning to the Philippines who have lost their passports overseas or cannot be issued a regular passport. This certificate shall be valid for thirty (30) days up to six (6) months from the date of issuance.
The Filipino’s alien spouse and children who are traveling to, or are returning as permanent residents of, the Philippines may also be issued an emergency travel certificate.
Grounds for Denial of Issuance of Passport; Cancellation of Passport; or Imposition of Restrictions on Passports
Section 10. Grounds for Denial of Issuance of Passport; Cancellation of Passport; or Imposition of Restrictions on Passports. – A passport application maybe denied, or cancelled, or restrictions may be imposed on a passport, based on the following grounds:
(a) Denial of Issuance of Passport;
(1) Upon orders of the court to hold the departure of an individual;
(2) Upon submission of a duly notarized request by the person exercising parental authority over a minor of incapacitated applicant;
(3) When the applicant has been found to have violated any of the provisions of this Act; or
(4) Such other disqualification under existing laws;
(b) Cancellation of Passports:
(1) Upon orders of the court, when the holder has been convicted of a criminal offense: Provided, That a passport may be issued after service of sentence;
(2) Upon orders of the court, when the holder is a fugitive from justice;
(3) Upon orders of the court, when the holder is a suspected terrorist charged with any violation of Sections 4, 5, 6, 7, 8, 9, 10, 11, and 12 of Republic Act No. 11479 or “The Anti-Terrorism Act of 2020”: Provided, That a passport may be issued upon: (1) acquittal of the accused, (ii) the dismissal of the case filed against such person, or (iii) the discretion of the court on motion of the prosecutor or of the accused;
(4) When a passport was acquired fraudulently, tampered with, or issued erroneously; or
(5) When a passport is returned to the DFA by other government agencies or entities: Provided, That cancellation of the passport will not prevent the holder from being issued a new passport.
Denial of passport application or cancellation of passport for reasons other than by order of the court may be appealed to the DFA Secretary;
(c) Imposition of Restriction on Passport;
(1) When a hold departure order or a precautionary hold departure order is issued by a competent court against a suspected person or a respondent to a criminal case;
(2) When the country of designation is in a state of political instability which could pose a danger to the Filipino traveler;
(3) When diplomatic ties have been fractured or severed with the Philippines; or
(4) When the country of destination is subject to travel restriction by government policy, enforcement action by the UN or in a state of war.
Validity
Section 12. Validity. – Regular passports issued under this Act shall be valid for a period of ten (10) years: Provided, That for individuals under eighteen (18) years of age, only a passport with a five (5)-year validity shall be issued: Provided, further, That the issuing authority may limit the period of validity to less than ten (10) years whenever such restriction is necessary in the interest of national economy or political stability of the country.
Ownership of Passports
Section 13. Ownership of Passports. – A Philippine passport remains at all times the property of the government and the same may not be confiscated by any entity or person other than the DFA. Any other government agency, official or employee who confiscates a passport or travel document shall promptly turn over the same to the DFA.
Persons who confiscate or otherwise withhold a passport without authority therefor shall be punished in accordance with Section 22(a) of this Act.
Loss or Destruction of a Passport
Section 15. Loss or Destruction of a Passport. – The loss or destruction of a passport shall be immediately reported to the DFA or a FSP by submitting an affidavit stating in detail the circumstances of such loss or destruction.
A person who subsequently manages to locate his/her lost passport shall turn over the same to the DFA. An affidavit stating the location of the passport and the person or entity in possession thereof shall be submitted in case physical turnover of the lost passport is not feasible.
Establishment of an Online Application Portal and Electronic One-Stop Shop
Section 18. Establishment of an Online Application Portal and Electronic One-Stop Shop. – The DFA, in coordination with other pertinent government agencies, is mandated to establish and maintain an online application portal and Electronic One-Stop Shop readily accessible on its official website to facilitate convenience of application and ease in gathering and submission of the requirements.
Offenses and Penalties
Section 22. Offenses and Penalties. – (a) Offenses relating to illegal withholding of passport; penalties. – Any person or entity without legal authority who confiscates, retains, or withholds any passport issued by the DFA shall suffer the penalty of imprisonment of not less than twelve (12) years and one (1) day but not more than twenty (20) years. and shall pay a fine of not less than One million pesos (P1,000,000.00) but not more than Two million pesos (P2,000,000.00): Provided, That a prosecution under this Act shall be without prejudice to any liability for violation of Republic Act No. 8042 or the “Migrant Workers and Overseas Filipinos Act of 1995”, as amended.
(b) Offenses relating to forgery; penalties. – Imprisonment of not less than six (6) years and one (1) day to fifteen (15) years and a fine of not less than One hundred thousand pesos (P100,000.00) but not more than Two hundred fifty thousand pesos (P250,000.00) shall be imposed upon any person or entity who willfully and knowingly:
(1) Falsely makes, forges, counterfeits, mutilates or alters any passport or other travel document or any supporting document for a passport application. The possession of the documents herein mentioned shall be prima facie evidence of commission of acts enumerated herein; or
(2) Use or attempts to use, or furnishes to another for use, any such false, forged, counterfeit, mutilated, altered, or cancelled passport or other travel document.
(c) Offenses relating to improper use of passports, other travel documents, and supporting documents; penalties. – 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 One hundred thousand pesos (P100,000.00) but not more than Two hundred fifty thousand pesos (P250,000.00) shall be imposed upon any person who willfully and knowingly:
(1) Uses or attempts to use any passport or other travel document issued for the use of another;
(2) Uses or attempts to use any supporting document belonging to another; or
(3) Sells, trades, pawns, mortgages, or uses a passport or other travel document as a collateral to secure debt, or in any manner uses such passport or other travel document as currency or object of commerce: Provided, That in such situation, the buyer, trader, creditor, or mortgagee shall also be liable to the same extent as the passport/travel document holder.
(d) Offenses relating to issuances; penalties. – 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 One hundred thousand pesos (P100,000.00) but not more than Two hundred fifty thousand pesos (P250,000.00) shall be imposed upon any person or entity who:
(1) Acts or claims to act in any capacity or office under the Republic of the Philippines without lawful authority, accepts passport applications, grants, issues or verifies any passport or other travel document to any or for any person whomsoever, or is caught selling in whatever capacity passport application forms, or lost or stolen passports and travel documents;
(2) Acts or claims to act in any capacity, with the intention to profit thereby, intercepts a person proceeding to the DFA or any of its consular offices or FSPs to apply for a passport or other travel document, and persuades, entices, encourages, or misleads such applicant to course the application through another person or agency other than the DFA or its personnel on the pretext of facilitating its approval or issuance by the DFA.
(3) Being neither a diplomatic or consular official, nor an employee authorized to grant, issue, or verify any passport or other travel document to or for any person, and even though not claiming to be such, offers, for any material gain or consideration, to escort a passport applicant, or assist the same in booking an appointment, filling out an application form, making payments, handling application documents, or any other action relating to passport application;
(4) Hoards and/or sells online passport appointment slots for pecuniary gain or advantage;
(5) Being a diplomatic or consular official authorized to grant, issue, or verify passports, knowingly and willfully grants, issues, or verifies any such passport to any or for any person not a citizen of the Republic of the Philippines; or
(6) Being a diplomatic or consular official, knowingly and willfully grants, issues, or certifies to the authenticity of any passport or other travel document for any person not entitled thereto, or knowingly and willfully issues more than one (1) passport to any person except as provided for in this Act.
(e) Offenses relating to false statements; penalties. – 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 One hundred thousand pesos (P100,000.00) but not more than Two hundred fifty thousand pesos (P250,000.00) shall be imposed upon any person who willfully and knowingly:
(1) Makes any false statement in any application for a passport or other travel document with the intent to induce or secure the issuance of a passport or other travel document contrary to this Act or rules and regulations prescribed pursuant thereto;
(2) Makes any false statement in an affidavit declaring a passport or other travel document as lost or destroyed; or
(3) Uses or attempts to use any passport or other travel document which was secured in any way by reason of any false statement.
(f) Offenses pertaining to unfair and discriminatory practices. – Any violation of Section 6 of this Act shall warrant the following penalties and liabilities:
(1) First Offense: Administrative liability with six (6) months suspension;
(2) Second Offense: Administrative liability and criminal liability of dismissal from service, perpetual disqualification from holding public office and forfeiture of retirement benefits and imprisonment of eighteen (18) months and one (1) day to six (6) years with a fine of not less than One hundred thousand pesos (P100,000.00) but not more than Two hundred fifty thousand pesos (P250,000.00)
(g) Syndicate or on a large scale. – The penalties provided for under this section shall be imposed in their maximum when the offenses are committed by a syndicate or on a large scale.
The offense is deemed committed by a syndicate if carried out by a group of three (3) or more persons conspiring or confederating with one another.1aшphi1 It is deemed committed on a large scale if committed against three (3) or more persons, individually or as a group.
(h) Offender is a public official. – In addition to the penalties prescribed in this section, the offender shall be dismissed from service and shall suffer perpetual absolute disqualification to hold public office.
(i) Offender is a corporation, partnership, association, or any juridical person. – The penalty prescribed in this section shall be imposed upon the president, partner, manager, and/or any responsible officer of the corporation, association, or any juridical person who directly participated in the commission of the violation of this Act and/or allowed its perpetuation and continuance: Provided, That in every case, the criminal conviction of the liable person shall cause and carry the automatic revocation of the business license and/or special certificate of accreditation or certificate of registration of the corporation, partnership, association, or the juridical person: Provided, further, That these entities and the persons who are criminally held liable for the violation of this Act shall not be allowed to operate similar establishments under different names.
(j) Offender is an alien. – In addition to the penalties prescribed in this section, the alien shall be deported after serving the sentence and be permanently barred from entering the Philippines.
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- BENEFITS AND PRIVILEGES OF THE BALIKBAYAN UNDER REPUBLIC ACT NO. 6768 KNOWN AS AN ACT INSTITUITING A BALIKBAYAN PROGRAM, AS AMENDED
- Summary of the Newly Enacted Filipino Seafarer’s Magna Carta
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