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This page features the full text of REPUBLIC
ACT NO. 8239THE
PHILIPPINE
PASSPORT ACT OF 1996
REPUBLIC
ACT NO. 8239
THE
PHILIPPINE PASSPORT ACT OF 1996
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
traveling
with either parent, and a clearance from the Department of Social
Welfare
and Development, if the minor is traveling 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:
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
traveling
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 traveling 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:
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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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 traveling 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.
Sec. 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.
Sec. 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
traveling 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.
Sec. 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.
Sec. 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.
Sec. 18. Waiver.
— The Secretary of Foreign Affairs is solely authorized to waive
any
requirements set forth in Section 5 of this Act.
Sec. 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 above-mentioned 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
Section
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
Section 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 (5) newspapers of general circulation or in the Official
Gazette.
Approved:
November 22, 1996.
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