Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS

Second Regular Session

COMMITTEE REPORT NO. 1869
Submitted by the Committee on Foreign Affairs on_15 FEB 2012
Re: House ANS. 5854
Recommending its approval, in substitution to House Bill Nos. 654, 2124, 3435 and 3965

Sponsors: Representatives Al Francis C. Bichara, Juan Edgardo “Sonny” M. Angara
Pedro P. Romualdo and Erico B. Aumentado

Mr. Speaker:

‘The Committee on Foreign Affairs to which were referred House Bill No. 654 introduced by
Representatives Juan Edgardo “Sonny” M. Angara, Bernadette R. Herrera-Dy, Eduardo R. Gullas and Marcelino R.
Teodoro entitled:

“AN ACP AMENDING CERTAIN PROVISIONS OF REPUBLIC ACT 8239, OTHERWISE
KNOWN AS THE “PHILIPPINE PASSPORT ACT OF 2010” AND FOR OTHER PURPOSES”

House Bill No, 2124 introduced by Representatives Pedro P. Romualdo, Me!
Dayanghirang entitled:

jenen S. Sarmiento and Nelson L.

“AN ACT AMENDING CERTAIN SECTIONS OF REPUBLIC ACT NO. 8239 OTHERWISE
KNOWN AS THE “PHILIPPINE PASSPORT ACT OF 1996” AND FOR OTHER PURPOSES”

House Bill No. 3435 introduced by Rep. Al Francis C. Bichara, entitled:

“AN ACT AMENDING REPUBLIC ACT NO. 8239, OTHERWISE KNOWN AS THE
PHILIPPINE PASSPORT ACT OF 1996”

and House Bill No. 3965 introduced by Rep. Erico B. Aumentado, entitled:

“AN ACT REQUIRING A VOTER’S REGISTRATION CERTIFICATE FOR THE ISSUANCE OF
PASSPORT, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 8239, OTHERWISE
KNOWN AS THE “PHILIPPINE PASSPORT ACT OF 1996”

5854

has considered the same and recommends that the aractea ODI No! entitled:

“AN ACT PROVIDING FOR THE POLICIES AND PROCEDURES TO FACILITATE AND
PROTECT THE CONSTITUTIONAL RIGHT OF PEOPLE TO TRAVEL AMENDING FOR THE
PURPOSE REPUBLIC ACT NO. $239, OTHERWISE KNOWN AS THE “PHILIPPINE.
PASSPORT ACT OF 1996"

be approved/adopted in substitution of House Bill Nos. 654, 2124, 3435 and 3965,


and with Reps. Al Francis C. Bichara, Juan Edgardo “Sonny” M. Angara, Bernadette R.
Herrera-Dy, Pedro P. Romualdo, Mel Senen S. Sarmiento, Erico B. Aumentado, Eduardo R.
Gullas, Marcelino R, Teodoro, Nelson L. Dayanghirang, George P. Amaiz, Rodel M.
Batocabe, Walden P. Bello, Julieta R. Cortuna, Vincent “Bingbong” P. Crisologo, Victor F.
Ortega, Carlos M. Padilla, Arthur C. Yap, and Jose F. Zubiri IIT as authors thereof,

The Honorable Speaker
House of Representatives
Quezon City


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
Second Regular Session

House BiiNo,__5854

Introduced by REPRESENTATIVES AL FRANCIS C. BICHARA, JUAN EDGARDO.
“SONNY” M. ANGARA, BERNADETTE R. HERRERA-DY, PEDRO P. ROMUALDO,
MEL SENEN S. SARMIENTO, ERICO B. AUMENTADO, EDGARDO R. GULLAS,
MARCELINO R. TEODORO, NELSON L. DAYANGHIRANG, GEORGE P. ARNAIZ,
RODEL M. BATOCABE, WALDEN F. BELLO, JULIETA R. CORTUNA, VINCENT
“BINGBONG"” P. CRISOLOGO, FRANCISCO VICTOR F. ORTEGA, CARLOS M.
PADILLA, ARTHUR C. YAP and JOSE F. ZUBIRI III

AN ACT
PROVIDING FOR THE POLICIES AND PROCEDURES TO FACILITATE AND
PROTECT THE CONSTITUTIONAL RIGHT OF PEOPLE TO TRAVEL AMENDING
FOR THE PURPOSE REPUBLIC ACT NO. 8239, OTHERWISE KNOWN AS THE.
“PHILIPPINE PASSPORT ACT OF 1996”

Be it enacted by the Senate and the House of Representatives of the Philippines in

Congress assembled:

SECTION 1. Section 1 of Republic Act (RA) No. 8239, otherwise known as
the ‘Philippine Passport Act of 1996” is hereby amended to read as follows:

“SEC. 1. Short Title. — This Act [will] SHALL be called [as] the ‘[Philippine
Passport Act of 1996] REVISED PHILIPPINE PASSPORT ACT OF 2012."


SF Soeonwu dH RUD

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SEC. 2. Section 2 of the same Act is hereby amended to read as follows:

“SEC. 2. Statement of Policy. — The people's constitutional right to travel is
inviolable. Accordingly, the government has the duty to issue passports USING
TAMPER PROOF AND LATEST DATA MANAGEMENT TECHNOLOGY AS MUCH
AS PRACTICABLE 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
Tequirements 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. Section 3, subsections (e) and (g) of the same Act are hereby
amended to read as follows:

“SEC. 3. Definitions. — As used in this Act:

(a) Department means the Department of Foreign Affairs;

(b) Secretary means the Secretary of Foreign Affairs;

(0) Post means a Philippine diplomatic and consular post such as an
Embassy or Consulate;

(a) 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] SECTION 14 of this Act;


ES)

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f) Supporting Documents mean {any} paperS or documentS 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;

9) Ambassadors mean those who have been appointed as chiefs of mission
and have served as AmbassadorS Extraordinary and Plenipotentiary.”

SEC. 4. Section 4 of the same Act is hereby amended to read as follows:

“SEC. 4. Authority fo Issue, Deny [Restricf] 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] DENY ISSUANCE OF 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] OR public health, the
Secretary or any fof the] authorized consular officers may, after due hearing and in
their proper discretion, [refuse to issue a passport, or restrict its use or withdraw]
DENY ISSUANCE OF A PASSPORT, or cancel a passport: Provided,
however, That such act shall not mean a loss OF 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] DENIAL OF ISSUANCE 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. Section 5 subsections (b), (d), (e), (A), (g), (h), and (i) of the same Act
are hereby amended and new subsections to be designated as subsections (j), (k)
and (|) are hereby added to read as follows:


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“SEC. 5. Requirements for the Issuance of Passport. — No passport shall be
issued to an applicant unless the Secretary or [his] A 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 cettification 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:]

(B) THE APPLICANT'S BIRTH CERTIFICATE IN SECURITY PAPER
ISSUED BY THE NATIONAL STATISTICS OFFICE (NSO) OR CERTIFIED TRUE
COPY (CTC) OF BIRTH CERTIFICATE ISSUED BY THE LOCAL CIVIL REGISTRY
OFFICE (LCRO) DULY AUTHENTICATED BY THE NSO: PROVIDED, THAT IF
THE BIRTH OF THE APPLICANT HAS NOT BEEN REGISTERED YET, OR IF
SUCH BIRTH CERTIFICATE IS DESTROYED, DAMAGED, OR NOT AVAILABLE
DUE TO OTHER CAUSES, THE APPLICANT SHALL APPLY FOR DELAYED
REGISTRATION OF BIRTH WITH THE LCRO WHERE THE APPLICANT WAS.
BORN. UPON COMPLIANCE WITH THE REQUIREMENTS FOR DELAYED
REGISTRATION OF BIRTH, THE LCRO 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 WHICH IS THE SUBJECT OF DELAYED
REGISTRATION. 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 SUCH AS

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CERTIFICATION OF NO PRIOR REGISTRATION OR CERTIFICATION OF
PREVIOUS BIRTH REGISTRATION FROM THE NSO.

(c) in the absence of a birth certificate, a baptismal certificate for those who
are members of a Christian religious organization, 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 sect 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] BELONG TO
ANY RELIGIOUS GROUP OR SECT and whose parents for any reason failed to
have the said applicant baptized shall be exempted from the baptismal certificate
Tequirement: 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:]

(D) IF THE APPLICANT IS EIGHTEEN (18) YEARS OLD AND ABOVE, A
VOTER’S REGISTRATION CERTIFICATE OR THE APPLICANT’S VOTER’S ID
OR AFFIDAVIT DULY ISSUED OR AUTHENTICATED BY THE COMMISSION ON

ELECTIONS IN THE LOCALITY WHERE THE APPLICANT IS A REGISTERED
VOTER;

[(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


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and authenticated by the Office of the Civil Registrar General if citizenship is claimed
through naturalization of spouse or parent]

(E) AMARRIED WOMAN WHO OPTS TO ADOPT THE SURNAME OF HER
HUSBAND MUST PRESENT A LOCAL CIVIL REGISTRY COPY OF HER
MARRIAGE CONTRACT DULY AUTHENTICATED BY THE NSO: PROVIDED,
THAT A MARRIED WOMAN WHO WAS WIDOWED OR DIVORCED IN
ACCORDANCE WITH ARTICLE 26 OF EXECUTIVE ORDER (EO) NO. 209, AS
AMENDED BY EO NO. 227, THE FAMILY CODE OF THE PHILIPPINES OF 1988
OR UNDER PRESIDENTIAL DECREE (PD) NO. 1083, THE CODE OF MUSLIM
PERSONAL LAWS OF THE PHILIPPINES, OR WHOSE MARRIAGE WAS
ANNULLED OR DECLARED BY A COURT OF LAW AS VOID, AND WHO OPTS.
TO REVERT TO THE USE OF HER MAIDEN NAME MUST PRESENT THE DEATH
CERTIFICATE OF HER SPOUSE ISSUED BY THE NSO OR CTC OF DEATH
CERTIFICATE ISSUED BY THE LCRO DULY AUTHENTICATED BY THE NSO OR
CTC OF THE DIVORCE DECREE, COURT DECREE OF ANNULMENT OR
DECLARATION OF NULLITY SHOWING DISSOLUTION OF MARRIAGE AS
RECOGNIZED BY PHILIPPINE COURTS AND DULY REGISTERED AT THE NSO
OR LCRO;

[(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;]

(F) IN THE CASE OF NATURALIZED CITIZENS, A COPY OF THE
NATURALIZATION CERTIFICATE, DULY REGISTERED BY LCRO AND
AUTHENTICATED BY THE NSO: PROVIDED, THAT IN THE CASE OF
DERIVATIVE NATURALIZATION, THE APPLICANT SHALL BE REQUIRED TO
PRESENT THE COPY OF THE NATURALIZATION CERTIFICATE OF THE
PARENT OR SPOUSE DULY ISSUED BY THE NSO OR CTC OF
NATURALIZATION CERTIFICATE ISSUED BY THE LCRO DULY
AUTHENTICATED BY THE NSO;


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I(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:]

(G) APPLICATIONS FILED BY MINOR PASSPORT APPLICANTS MAY BE
PROCESSED ONLY UPON THE PERSONAL APPEARANCE OF 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 EITHER OR BOTH PARENTS MUST BE PRESENTED FOR
THIS PURPOSE: PROVIDED, FURTHER, THAT IN THE CASE OF AN
ABANDONED, NEGLECTED, DEPENDENT OR SURRENDERED CHILD, A
CERTIFICATION DECLARING THE CHILD AS LEGALLY AVAILABLE FOR
ADOPTION BY THE DEPARTMENT OF SOCIAL WELFARE AND
DEVELOPMENT (DSWD) AND AFFIDAVIT OF CONSENT EXECUTED BY THE
LEGAL GUARDIAN OR THE DSWD MUST BE PRESENTED;

[(h) In 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]

(H) IF THE APPLICANT IS AN ADOPTEE OF ALIEN PARENTS UNDER RA
NO, 8043, OTHERWISE KNOWN AS THE “INTER-COUNTRY ADOPTION ACT OF
1995,” THE FOLLOWING SHALL BE PRESENTED:

4, CERTIFIED TRUE COPY OF DECREE OF ABANDONMENT OF
THE CHILD;

2. DEED OF VOLUNTARY COMMITMENT (DVC) EXECUTED BY
EITHER PARENT AFTER THE BIRTH OF THE CHILD; AND


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3. CERTIFIED TRUE COPY OF CERTIFICATION DECLARING A
CHILD LEGALLY AVAILABLE FOR ADOPTION ISSUED BY THE
DSWD PURSUANT TO RA NO. 9523, ENTITLED: “AN ACT
REQUIRING CERTIFICATION OF THE DEPARTMENT OF
SOCIAL WELFARE AND DEVELOPMENT (DSWD) TO DECLARE
A ‘CHILD LEGALLY AVAILABLE FOR ADOPTION’ AS A
PREREQUISITE FOR ADOPTION PROCEEDINGS, AMENDING
FOR THIS PURPOSE CERTAIN PROVISIONS OF REPUBLIC
ACT NO. 8552, OTHERWISE KNOWN AS THE ‘DOMESTIC
ADOPTION ACT OF 1998, REPUBLIC ACT NO. 8043,
OTHERWISE KNOWN AS THE ‘INTER-COUNTRY ADOPTION
ACT OF 1995,’ PRESIDENTIAL DECREE NO. 603, OTHERWISE
KNOWN AS THE ‘CHILD AND YOUTH WELFARE CODE,’ AND
FOR OTHER PURPOSES.”

PROVIDED, THAT THE AUTHENTICATED BIRTH CERTIFICATE,
PLACEMENT AUTHORITY AND FORMAL ENDORSEMENT OF THE CHILD TO
THE INTER-COUNTRY ADOPTION BOARD (ICAB) BY THE DSWD MUST
ALSO BE PRESENTED.

IF THE APPLICANT IS A MINOR TO BE ADOPTED BY A NON-FILIPINO
RELATIVE OR A RELATIVE MARRIED TO A NON-FILIPINO NATIONAL, THE
APPLICANT SHALL PRESENT THE FOLLOWING REQUIREMENTS UNDER
RA NO. 8043:

1. DEED OF VOLUNTARY COMMITMENT EXECUTED BY ANY
OF THE FOLLOWING:

i, BOTH THE BIOLOGICAL PARENTS OR THE LEGAL
GUARDIANS FOR A LEGITIMATE CHILD;

ii, BIOLOGICAL MOTHER OR LEGAL GUARDIAN FOR AN
ILLEGITIMATE CHILD; OR


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iii, DEED OF INVOLUNTARY COMMITMENT BY THE DSWD
FOR THE ABANDONED OR NEGLECTED CHILD;

2. DOCUMENTS ENDORSED BY THE DSWD FIELD OFFICER;
3. PLACEMENT AUTHORITY ISSUED BY ICAB;
4, TRAVEL CLEARANCE ISSUED BY ICAB; AND

5. CERTIFICATE OF ISSUANCE OF PASSPORT (CIP) ISSUED
BY iCAB.

IF THE APPLICANT IS A MINOR TO BE ADOPTED BY A NON-
RELATIVE WHO IS NOT A FILIPINO CITIZEN, THE APPLICANT SHALL
PRESENT THE FOLLOWING REQUIREMENTS UNDER RA NO. 8043:

1. DSWD CERTIFICATE DECLARING THE CHILD LEGALLY
AVAILABLE FOR ADOPTION;

2. INTER-COUNTRY ADOPTION CLEARANCE ISSUED BY
DSwo;

3. PLACEMENT AUTHORITY ISSUED BY ICAB;
4. TRAVEL CLEARANCE ISSUED BY DSWD; AND

5. CERTIFICATE OF ISSUANCE OF PASSPORT (CIP) ISSUED
BY ICAB.

() THE APPLICANT'S NAME IN THE BIRTH CERTIFICATE SHALL
PREVAIL OVER THAT APPEARING IN ANY OTHER PUBLIC OR PRIVATE
DOCUMENT IN CASE OF DISCREPANCY, UNLESS BY OPERATION OF LAW
OR THROUGH COURT ORDER, THE APPLICANT IS PERMITTED TO USE A
NAME OTHER THAN WHAT IS OFFICIALLY RECORDED IN THE NSO OR
LCRO;


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(J) 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.

(K) IN THE CASE OF THOSE WHO HAVE REACQUIRED THEIR
PHILIPPINE CITIZENSHIP UNDER RA NO. 9225, OTHERWISE KNOWN AS THE
“CITIZENSHIP RETENTION AND REACQUISITION ACT OF 2003” AND OTHER
EXISTING LAWS, THE APPLICANT SHALL PRESENT THE FOLLOWING:

1. ORIGINAL OR CERTIFIED TRUE COPY OF THE PRESCRIBED
OATH OF ALLEGIANCE;

2. IDENTIFICATION CERTIFICATE ISSUED BY APPROPRIATE
AGENCIES; AND

3. SUCH OTHER DOCUMENTS AS MAY BE NECESSARY OR
REQUIRED FOR THE ISSUANCE OF PHILIPPINE PASSPORT;

(L) MUSLIM FILIPINOS, TRAVELING FOR THE PURPOSE OF HAJ, WHO
ARE UNABLE TO COMPLY WITH THE REQUIREMENTS FOR THE ISSUANCE
OF A REGULAR PASSPORT, MAY BE ISSUED A PASSPORT VALID FOR
THREE (3) MONTHS AND FOR ONE (1) TRIP ONLY UPON COMPLIANCE WITH
THE FOLLOWING REQUIREMENTS:

1. ENDORSEMENT FROM THE OFFICE OF MUSLIM AFFAIRS
WHICH ISSUES A CERTIFICATE OF TRIBAL AFFILIATION AND
SIGNS A PERSONAL GUARANTEE FORM; AND

2. JOINT AFFIDAVIT OF TWO (2) DISINTERESTED PERSONS WHO
ARE FAMILIAR WITH THE BIRTH DETAILS OF THE
APPLICANTS.

A HAJ PASSPORT IS NON-RENEWABLE AND MAY NOT BE USED AS A
BASIS FOR THE ISSUANCE OF A REGULAR PASSPORT.”

SEC. 6. Section 6 of the same Act is hereby amended to read as follows:


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“SEC. 6. Application. — [The application may be filed by] A PERSON
APPLYING FOR A PASSPORT, EITHER FOR THE FIRST TIME OR FOR THE
RENEWAL OF A PREVIOUSLY ISSUED PASSPORT, MAY BE REQUIRED TO
APPEAR IN PERSON FOR PHOTO AND DATA CAPTURING.

[(@) 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.]

THE PARENT OR LEGAL GUARDIAN MAY ASSIST AN APPLICANT WHO
IS AMINOR.

AN APPLICANT WHO IS ILLITERATE, PHYSICALLY DISABLED OR A
SENIOR CITIZEN MAY BE ASSISTED BY A RELATIVE WITHIN THE FOURTH
CIVIL DEGREE BY AFFINITY OR CONSANGUINITY OR BY ANY ONE
BELONGING TO THE SAME HOUSEHOLD.

THE DEPARTMENT SHALL PROVIDE SPECIAL PROCEDURE TO
FACILITATE THE PASSPORT APPLICATION OF ILLITERATE, PHYSICALLY
DISABLED AND SENIOR CITIZENS.

AN APPLICANT MAY ALSO BE ASSISTED BY ANY LICENSED TRAVEL
OR RECRUITMENT AGENCY DULY ACCREDITED BY THE DEPARTMENT.


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IN THE CASE OF A PASSPORT APPLICATION FILED BY A
RECRUITMENT OR TRAVEL AGENCY OR PASSPORT- RELATED SERVICE
PROVIDER DULY ACCREDITED BY THE DEPARTMENT, THE AGENT SHALL
BE RESPONSIBLE FOR THE AUTHENTICITY OF THE SUPPORTING
DOCUMENTS SECURED AND PRESENTED BY THE AGENT TO MEET THE
REQUIREMENTS FOR THE APPLICATION OF PASSPORTS.

THE DEPARTMENT SHALL HAVE THE RIGHT TO REQUIRE
ALTERNATIVE DOCUMENTS AS MAY BE SPECIFIED IN THE IMPLEMENTING
RULES AND REGULATIONS (IRR) FORMULATED TO ENFORCE THIS LAW.”

SEC. 7. Section 7 of the same Act is hereby amended and new subsections

designated as subsections (a.10), (a.11), and (a.12) are hereby added to read as
follows:

“SEC. 7. Types of Passports.— The Secretary or the authorized
representative or consular officer may issue the following types of passports:

(a) Diplomatic passportS [for] ARE ISSUED TO persons [imbued] with
diplomatic status or WHO 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, AND FORMER SENATE PRESIDENTS AND
SPEAKERS OF THE HOUSE OF REPRESENTATIVES OF THE
CONGRESS OF THE PHILIPPINES;

4. The Chief Justice, ASSOCIATE JUSTICES of the Supreme Court
AND THE PRESIDING JUSTICE OF THE COURT OF APPEALS;


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5.The {Cabinet Secretaries] SECRETARY, [and the]
Undersecretaries and Assistant Secretaries of the Department of
Foreign Affairs;

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[Ambassadors, Foreign Service Officers of all ranks in the career
diplomatic service; Attaches, and members of their families]
MEMBERS OF CONGRESS, THE SECRETARY OF THE
SENATE AND THE SECRETARY GENERAL OF THE HOUSE
OF REPRESENTATIVES;

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[Members of the Congress when on official mission abroad or as
delegates to international conferences] THE SECRETARIES OF
ALL THE DEPARTMENTS OF THE EXECUTIVE BRANCH;

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[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] AMBASSADORS
EXTRAORDINARY AND PLENIPOTENTIARY OF THE
REPUBLIC OF THE PHILIPPINES;

©

{Spouses and unmarried minor-children of the above-mentioned
officials when accompanying or following to join them in an official
mission abroad] CHIEFS OF MISSION, FOREIGN SERVICE
OFFICERS OF ALL RANKS IN THE CAREER DIPLOMATIC
SERVICE, INCLUDING DESIGNATED ATTACHES FROM THE
DEPARTMENT AND ATTACHED AGENCIES OF THE
GOVERNMENT;

10. THE GOVERNOR OF THE BANGKO SENTRAL NG
PILIPINAS

11. OFFICIAL DELEGATES TO INTERNATIONAL OR REGIONAL
CONFERENCES ACCORDED FULL POWERS BY THE
PRESIDENT; AND


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12. 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] OR 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 AND ARE GRANTED
FULL POWERS BY THE PRESIDENT.

(b) Official PassportS ARE [to be] issued to all government officials and
employees on official trip abroad but who are not on 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 OF THE COURT OF APPEALS and other members of
the Judiciary, [members of the Congress] THE DEPUTY
SECRETARIES OF THE SENATE AND DEPUTY
SECRETARIES GENERAL OF THE HOUSE OF
REPRESENTATIVES, 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. Persens in the domestic service and household members of
officials assigned to diplomatic or consular posts NOT
EXCEEDING TWO (2): PROVIDED, THAT AN INCREASE IN
DOMESTIC SERVICE AND HOUSEHOLD MEMBERS OF


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SUCH OFFICIALS SHALL BE APPROVED BY THE
SECRETARY; AND

4. Spouse[s] and [unmarried] minor children, [of the officials
mentioned above when accompanying or following to join
them. INCLUDING UNMARRIED CHILDREN WHO ARE OF
AGE BUT DEPENDENT ON THE STAFF OFFICERS AND
EMPLOYEES OF THE DEPARTMENT ASSIGNED TO
DIPLOMATIC OR CONSULAR POSTS AND OFFICES AND
REPRESENTATIVES OF OTHER GOVERNMENT AGENCIES
ASSIGNED ABROAD, WHEN ACCOMPANYING OR
FOLLOWING TO JOIN THEM.

(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 passports simultaneously: (1) a regular passport for private travel;
(2) a diplomatic or official passport when travelling abroad on dipiomatic or official
business. The [wife] SPOUSE and minor children of persons entitled to a diplomatic
or official passportS shall be issued regular passports, if they are not accompanying
or following to join them.”

SEC. 8. Section 8 of the same Act is hereby amended with subsection (a.4)
re-numbered as (a.7); subsections (a4), (a.5), (a.6), (b.4), and (b.5) hereby added;
and subsection (c) hereby deleted to read as follows:

“SEC. 8. Grounds for Denial {,) OF ISSUANCE OF PASSPORT OR
Cancellation [or Restrictions] OF PASSPORT. — The application for passport may
be denied [] OR A DULY ISSUED PASSPORT MAY BE cancelled [or restricted]
‘only on the following grounds:

(a) Denial of ISSUANCE OF Passport. — THE ISSUANCE OF A PASSPORT
MAY BE DENIED ONLY ON THE FOLLOWING GROUNDS:

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. [On orders of the court, after due notice and hearing, to hold the

departure of an applicant because of a pending criminal case]
VIOLATION BY THE APPLICANT OF ANY OF THE PROVISIONS
OF THIS ACT;

. [When so requested by the natural or legal guardian, if the applicant

is a minor] ON ORDERS OF THE COURT, AFTER DUE NOTICE
AND HEARING, TO WITHHOLD THE PROCESSING OF A
PASSPORT;

{When the applicant has been found to have violated any of the
provisions of this Act] WHEN THE APPLICANT IS A FUGITIVE
FROM JUSTICE: PROVIDED, THAT THE APPLICANT BECOMES
ELIGIBLE TO APPLY FOR A NEW PASSPORT AFTER
SUBMITTING TO THE JURISDICTION OF THE COURT;

WHEN THE APPLICANT HAS BEEN CONVICTED BY FINAL
JUDGMENT OF A CRIMINAL OFFENSE: PROVIDED, THAT THE
APPLICANT BECOMES ELIGIBLE TO APPLY FOR A NEW
PASSPORT AFTER THE SERVICE OF SENTENCE OR THE
GRANT OF PROBATION, CONDITIONAL OR ABSOLUTE
PARDON, OR AMNESTY;

. WHEN SO REQUESTED BY THE PARENT EXERCISING

PARENTAL AUTHORITY OR LEGAL GUARDIAN, IF THE
APPLICANT IS A MINOR: PROVIDED, HOWEVER, THAT A
COURT ORDER SHALL BE REQUIRED WHEN BOTH PARENTS
EXERCISE PARENTAL AUTHORITY BUT ONE DOES NOT
AGREE TO THE ISSUANCE OF A PASSPORT TO THE MINOR;

. UPON LAWFUL ORDER OF THE SECRETARY WHEN DEEMED

NECESSARY IN THE INTEREST OF NATIONAL SECURITY,
PUBLIC SAFETY OR PUBLIC HEALTH; AND

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[4] 7. SUCH OTHER DISQUALIFICATIONS UNDER EXISTING

LAWS.

(b) Cancellation OF PASSPORT— PASSPORTS MAY BE CANCELLED
ONLY ON THE FOLLOWING GROUNDS:

As

When the holder is a fugitive from justice[;]: PROVIDED, THAT
THE APPLICANT BECOMES ELIGIBLE TO APPLY FOR A NEW
PASSPORT AFTER SUBMITTING TO THE JURISDICTION OF
THE COURT;

When the holder has been convicted BY A FINAL JUDGMENT of a
ctiminal offense: Provided, That the [passport may be restored after
service of sentence; of] HOLDER BECOMES ELIGIBLE TO
APPLY FOR A NEW PASSPORT AFTER THE SERVICE OF
SENTENCE OR THE GRANT OF PROBATION, CONDITIONAL
OR ABSOLUTE PARDON OR AMNESTY;

. [When a passport was acquired fraudulently or tampered with.]

UPON FINDING BY THE SECRETARY OR THE AUTHORIZED
REPRESENTATIVE OR CONSULAR OFFICER THAT A
PASSPORT HAD BEEN ACQUIRED UNDER ANY OF THE
FOLLOWING CIRCUMSTANCES:

i. FICTITIOUS NAME, FALSE NAME, ALIAS OR NICKNAME
WAS USED IN VIOLATION OF EXISTING LAWS AND
EXECUTIVE ORDERS;

li, FALSE OR INACCURATE INFORMATION ABOUT
PERSONAL DETAILS WAS PROVIDED IN THE
APPLICATION;

iii, FAKE DOCUMENTS WERE SUBMITTED TO SUPPORT
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4. UPON FINDING BY THE SECRETARY OR THE AUTHORIZED
REPRESENTATIVE OR CONSULAR OFFICER THAT A
PASSPORT HAD BEEN TAMPERED SUBSEQUENT TO ITS
RELEASE OR ISSUANCE; OR

5. UPON ORDER OF THE SECRETARY WHEN DEEMED
NECESSARY IN THE INTEREST OF NATIONAL SECURITY,
PUBLIC SAFETY OR PUBLIC HEALTH.

ALL PASSPORTS ISSUED BY THE DEPARTMENT SHALL NOT
CONTAIN ANY MARKING, ANNOTATION OR STAMP PERTAINING TO TRAVEL
RESTRICTIONS. LIMITATION OF TRAVEL SHALL BE ADMINISTERED
THROUGH TRAVEL ADVISORIES OR ANY OTHER MEANS WHICH DOES NOT
NECESSITATE MARKING OR STAMPING OF PASSPORTS.

[(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. A new Section 9 is hereby added to read as follows

“SECTION 9. SPECIAL BOARD OF INQUIRY (SBI) — THE DEPARTMENT
MOTU PROPRIO OR UPON RECEIPT OF ANY VERIFIED COMPLAINT THAT

SHALL NECESSITATE CANCELLATION OF PASSPORT, SHALL SUMMON THE
PASSPORT HOLDER WHO SHALL BE GIVEN FIVE (5) WORKING DAYS UPON

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RECEIPT OF THE COMPLAINT TO REPLY AND SUBMIT SUCH PROOF TO
CONTRAVENE THE COMPLAINT.

A SPECIAL BOARD OF INQUIRY (SBI) UNDER THE OFFICE OF THE
SECRETARY IS HEREBY CREATED TO HANDLE AND ADJUDICATE THE
COMPLAINTS FOR CANCELLATION OF PASSPORT. THE SBI SHALL BE
COMPOSED OF MEMBERS FROM THE OFFICE OF THE SECRETARY, THE
OFFICE OF LEGAL AFFAIRS, THE OFFICE OF CONSULAR AFFAIRS AND
FROM SUCH OTHER OFFICES WHICH THE SECRETARY MAY DEEM
NECESSARY: PROVIDED, THAT SBI SHALL NOT EXCEED SEVEN (7)
MEMBERS.

THE SBI SHALL OBSERVE SUMMARY PROCEEDINGS IN
ADJUDICATING THE COMPLAINT: PROVIDED, THAT SUCH SUMMARY
PROCEEDINGS RESOLVE THE COMPLAINT IN NOT MORE THAN THIRTY (30)
WORKING DAYS UPON SUBMISSION OF THE PASSPORT HOLDER’S REPLY
TO SUCH COMPLAINT.

AN APPLICANT WHOSE PASSPORT HAS BEEN CANCELLED UPON THE
DECISION OF THE SBI MAY FILE FOR ITS REISSUANCE UPON CLEARANCE
BY THE SBI.”

SEC. 10. Section 9 of the same Act is hereby re-numbered and amended to
read as follows:

“SEC. [9] 10. Appeal. — Any person who [feels] WAS aggrieved as a result
of the application of this Act OR of the implementing rules and regulations (IRR)
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] REVIEWED BY the
Courtfs in due course].”

SEC. 11. Section 10 of the same Act is hereby re-numbered and amended to
Tread as follows:


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“SEC. [10] 11. Validity. — Regular passports issued under this Act shall be
valid for a period of five (5) OR TEN (10) years []. [Provided, however, That the
issuing authority may limit the period of validity to tess 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.]

THE PASSPORT APPLICANT SHALL HAVE THE OPTION TO APPLY FOR
A FIVE (5)-YEAR OR A TEN (10)-YEAR PASSPORT: PROVIDED, THAT MINOR
APPLICANTS SHALL BE ISSUED PASSPORTS VALID ONLY FOR FIVE (5)
YEARS: PROVIDED FUTHER, THAT THE SECRETARY OR THE DULY
AUTHORIZED REPRESENTATIVE OR CONSULAR OFFICER SHALL HAVE THE
AUTHORITY TO EXTEND THE VALIDITY OF A PHILIPPINE PASSPORT IF
DEEMED NECESSARY FOR HUMANITARIAN REASONS OR IN THE INTEREST
OF NATIONAL SECURITY, PUBLIC SAFETY OR PUBLIC HEALTH. THE
EXTENSION PERIOD OF THE PASSPORT SHALL NOT EXCEED TWO (2)
YEARS AND MAY BE AVAILED OF ONLY ONCE.”

SEC. 12. Section 11 of the same Act is hereby re-numbered and amended to
read as follows:

“Sec. [11] 12. 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] THE PASSPORT
OF ANY Filipino citizen may BE voluntarily surrenderED [his/her passport to a
Philippine Service] TO ANY Post for storage and safekeeping for which a proper
receipt shall be issued for PRESENTATION [use] when reclaiming the passport at a
later date.”

SEC. 13. Section 12 of the same Act is hereby re-numbered and amended to
read as follows:

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“SEC. [12] 13. Names and Titles. — The passport shall contain the full name
of the applicant, but shall not include [his] ANY 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. 14. Section 13 of the same Act is hereby re-numbered and amended to
read as follows:

“Sec. [13]. 14. 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] OR ON EMERGENCY TRAVEL TO ANOTHER
DESTINATION, WHOSE passport WAS LOST or WHO 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] THE dependents who have not yet
been naturalized as [a] FilipinoS {and} who are traveiling to the Philippines or [is al
permanent residents of the Philippines,

(d) Aliens permanently residing in the Philippines who are not able to obtain
foreign passportS 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. 15. Section 14 of the same Act is hereby re-numbered and amended to
read as follows:

“Sec. [14] 15. Amendments. —- A passport may be amended at the request of
the holder for any flawfull] OF THE FOLLOWING purposeS [J]: [but such

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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.]

(A) AMENDMENTS OF A WOMAN'S NAME DUE TO MARRIAGE;

(B) AMENDMENT OF A WOMAN’S NAME DUE TO DEATH OF SPOUSE,

c

ANNULMENT OF MARRIAGE, ISSUANCE OF A DIVORCE DECREE
UNDER PD NO. 1083, GRANT OF DIVORCE DECREE OR
DECLARATION OF NULLITY SHOWING DISSOLUTION OF
MARRIAGE GRANTED BY A FOREIGN COURT AND RECOGNIZED
BY PHILIPPINE COURTS CONSISTENT WITH ARTICLE 26 OF EO
NO. 209, AS AMENDED; OR

AMENDMENTS BY ORDER OF A COURT PURSUANT TO RA NO.
9048, ENTITLED, “AN ACT AUTHORIZING THE CITY OR MUNICIPAL
CIVIL REGISTRAR OR THE CONSUL GENERAL TO CORRECT A
CLERICAL OR TYPOGRAPHICAL ERROR IN AN ENTRY AND/OR
CHANGE OF FIRST NAME OR NICKNAME IN THE CIVIL REGISTER
WITHOUT NEED OF A JUDICIAL ORDER, AMENDING FOR THIS
PURPOSE ARTICLES 376 AND 412 OF THE CIVIL CODE OF THE
PHILIPPINES.”

SEC. 16. Section 15 of the same Act is hereby re-numbered and amended to

read as follows:

“Sec. [15] 16. Loss or Destruction. — The loss or destruction 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 (NBI) and

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the Bureau of Immigration (BI) 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] AFFAIRS, and in coordination with the Office of Legal [and
Intelligence Services] AFFAIRS, shall transmit a copy of the affidavit to the [National
Bureau of Investigation] NBI and [Bureau of Immigration] BI. 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 by a Filipino travelling abroad, the Consulate
may waive the fifteen [(15) days] (15)-DAY 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, AT THE DISCRETION OF the head of Office of Consular
[Services] AFFAIRS 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[.] MAY BE WAIVED.”

SEC. 17. Section 16 of the same Act is hereby re-numbered and amended to
read as follows:

“SEC. [16] 17. Fees.— Reasonable fees shall be collected for the
Processing, issuance, [extension], OR amendment OF AN EXISTING PASSPORT
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].

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THE DEPARTMENT SHALL PRESCRIBE THE NECESSARY FEES FOR
PASSPORTS WITH FIVE (5)-YEAR AND TEN (10)-YEAR VALIDITIES.”

SEC. 18. Section 17 of the same Act is hereby re-numbered and amended to
read as foliows:

Sec. [17] 18. 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 "Passport 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] FURTHER, the Secretary [will]
SHALL submit a report on the disbursement of the fund every six (6) months to both
the Senate COMMITTEE ON FOREIGN RELATIONS and the House Committee[s]
on Foreign [Relations] AFFAIRS.”

SEC. 19. Section 18 of this Act is hereby re-numbered and amended to read
as follows:

“Sec. [18] 19. Waiver. — The Secretary of Foreign Affairs is solely authorized
to waive any requirement{s} set forth in Section 5 of this Act.”

SEC. 20. Section 19 of this Act is hereby re-numbered and amended with new
subsections (2.4) and (f) hereby added to read as follows:

"Sec. [19] 20. 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 [,] AND [As] AS such, [it] should be accorded the highest respect by its

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holder. [that to do damage to its integrity and validity is a serious crime that should
be penalized accordingly) ANY ACT PREJUDICIAL TO ITS INTEGRITY IS A
GRAVE CRIME AGAINST THE SECURITY OF THE STATE AND SHOULD BE
PENALIZED ACCORDINGLY:

(a) Offenses Relating to Issuances: Penalties. — Any person who:

1. Acting or claiming 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 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 shall be
punished by a fine of not less than Fifteen [t]Thousand [p]Pesos
(P15,000) [nor] BUT NOT more than Sixty [t]Thousand
Ip}Pesos (P60,060) and imprisonment of not less than [eighteen
(18) months nor more than] six (6) years AND ONE (1) DAY
NOR MORE THAN TWELVE (12) YEARS; or

2. Being a diplomatic or consular official authorized to grant, issue,
amend or verify passports, knowingly and [wilfully] WILFULLY
grants, issues, amends or verifies any such passport to any or
for 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 {p]Pesos (P15,000) [nor] BUT
NOT more than Sixty [f]Thousand [p]Pesos (P60,000) and
imprisonment of not less than [eighteen (18) months but not
more than] six (6) years AND ONE DAY BUT NOT MORE
THAN TWELVE (12) YEARS, and upon conviction, be
PERPETUALLY disqualified from holding [appointive] public
office; OR

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3. Being a diplomatic or consular officer, knowingly and [willfully]
WILFULLY grants and issues to, amends or certifies to the
authenticity of any passport or travel document for any person
not entitled thereto, or knowingly and [wilfully] WILFULLY
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 {t/Thousand [p]Pesos (P15,000) [nor] BUT NOT
more than Sixty [t[Thousand [p]Pesos (P60,000) and
imprisonment of not less than [eighteen (18) months nor more
than] six (6) years and ONE (1) DAY BUT NOT MORE THAN
TWELVE (12) YEARS upon conviction, be disqualified
PERPETUALLY from holding [appointive] public office; OR

4, ACTING OR CLAIMING TO ACT IN ANY CAPACITY, WITH

THE INTENTION TO PROFIT THEREBY, INTERCEPTS A
PERSON PROCEEDING TO THE DEPARTMENT OR ANY OF
ITS REGIONAL CONSULAR OFFICES TO APPLY FOR A
PASSPORT, AND PERSUADES, ENTICES, ENCOURAGES,
OR MISLEADS SUCH APPLICANT TO COURSE THE
APPLICATION THROUGH ANOTHER PERSON OR AGENCY
OTHER THAN THE DEPARTMENT OR ITS PERSONNEL ON
THE PRETEXT OF FACILITATING ITS APPROVAL OR
ISSUANCE BY THE DEPARTMENT SHALL BE PUNISHED
BY IMPRISONMENT OF NOT LESS THAN EIGHTEEN (18)
MONTHS NOR MORE THAN SIX (6) YEARS.

(b) Offenses Relating to False Statements: Penalties. — Any person who
[wilfully] WILFULLY and knowingly

4. 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] FOR ANY PURPOSE, contrary to this
Act or rules and regulations prescribed pursuant hereto shall be

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punished by a fine of not less than Fifteen [t]Thousand [p]Pesos
(P15,000) nor more than Sixty [{]Thousand [p]Pesos (P60,000)
and imprisonment of not less than [three (3) years nor more
than ten (10) years] SIX (6) YEARS AND ONE (1) DAY BUT
NOT MORE THAN TWELVE (12) YEARS; or

2. Uses or attempts to use any passport which was secured in any
way by reason of any false statementfs], shall be punished by a
fine of not less than Fifteen [t]Thousand [p]Pesos (15,000) [nor]
BUT NOT more than Sixty [I[Thousand [p]Pesos (60,000) and
imprisonment of not less than {three (3) years, but not more than
ten (10) years] SIX (6) YEARS AND ONE (1) DAY, BUT NOT
MORE THAN TWELVE (12) YEARS [or].

Travel and recruitment agencies [whose] AND PASSPORT-RELATED
SERVICE PROVIDERS, 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] AN
OFFICER OF THE TRAVEL OR RECRUITMENT AGENCY CONVICTED FOR
FALSE STATEMENTS SHALL BE BARRED FROM ENGAGING IN THE
TRAVEL OR RECRUITMENT AGENCY BUSINESS.

(©) Offenses Relating to Forgery: Penalties. — Any person who:

1. Falsely makes, forges, counterfeits, mutilates or alters any
passport or travel document OR DEPARTMENT STAMPS, 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)} SEVENTY-FIVE
THOUSAND PESOS (P75,000) [nor] BUT NOT more than One

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[b]Hundred [fjFifty [f]Thousand [p]Pesos (P150,000) and
imprisonment of not less than six (6) years [nor] BUT NOT more
than fifteen (15) years []. THE POSSESSION OF THE
DOCUMENTS HEREIN MENTIONED SHALL BE PRIMA
FACIE EVIDENCE OF COMMISSION OF THE ACTS
ENUMERATED HEREIN AND THE INTENT TO USE THE
SAME; or

2. {Willfully] WILFULLY 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 [t]Thousand [p]Pesos
(60,000) [nor] BUT NOT more than One [h]Hundred and [flFifty
[Thousand [p]Pesos (P150,000) and imprisonment of not less
than six (6) years [nor] BUT NOT more than fifteen (15) years.
[Provided, however, That] THE officers of corporations,
agencies or entities licensed in the travel and recruitment
industry would be held similarly liable as their agents, liaison
officers or representatives[J. [Provided, finally, That f]Forgeries
of five or more passports or travel documents[, would] SHALL
be considered as massive forgery tantamount to national
sabotage and [shall be] punished by a fine of not less than Two
[hJHundred and [fFifty [Thousand [p]Pesos (P250,000) {nor}
BUT NOT more than One Million [pJPesos (P1,000,000) and
imprisonment of not less than seven (7) years [nor] BUT NOT
more than seventeen (17) years.

(d) Offenses Relating to Improper Use: Penalties. — A FINE OF NOT LESS.
THAN SIXTY THOUSAND PESOS (P60,000.00) BUT NOT MORE THAN ONE
HUNDRED FIFTY THOUSAND PESOS (P150,000) AND IMPRISONMENT OF NOT
LESS THAN SIX (6) YEARS BUT NOT MORE THAN FIFTEEN YEARS SHALL BE
IMPOSED UPON [Alany person who [willfully] WILFULLY and knowingly:

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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 befongs to another; or

2. Uses or attempts to use any passport or supporting document 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] OTHER THAN TO THAT IN
WHOSE NAME AND FOR WHOSE USE IT WAS ISSUED,
EXCEPT WHEN THE APPLICANT IS A MINOR, A SENIOR
CITIZEN OR PHYSICALLY OR MENTALLY INCAPACITATED
AND THE PASSPORT IS RELEASED TO THE PARENT,
GUARDIAN OR IMMEDIATE RELATIVE: PROVIDED, THAT
IN CASE OF AN EMERGENCY AND FOR HUMANITARIAN
REASONS, AT THE DISCRETION OF THE HEAD OF THE
OFFICE OF CONSULAR AFFAIRS OR THE HEAD OF THE
CONSULAR SECTION OF ANY EMBASSY OR THE CONSUL
GENERAL OF A CONSULATE, THE PASSPORT MAY BE
RELEASED TO A THIRD PARTY UPON THE SUBMISSION
OF A WRITTEN AUTHORIZATION FROM THE APPLICANT;
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
(15) years]

(e) Offenses Relating to Multiple Possession: Penalties. — No person or
individual may hold more than one vatid passport, except as provided for in Section 7

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hereof, and any individual who possesses more than one unexpired passport shall,
for every unexpired passport found in his possession, be punished by a fine of not
less than Fifteen [{]Thousand [p]Pesos (P15,000) [nor] BUT NOT more than Sixty
[Thousand [p]Pesos (P60,000) and imprisonment of not less than [eighteen (18)
months but not more than six (6) years] SIX (6) YEARS AND ONE (1) DAY BUT
NOT MORE THAN TWELVE (12) YEARS: Provided, That the maximum fine and
imprisonment shall be imposed by the court [if he] FOR ANY attempt{s] to use or
THE actualfiy] use[s] OF an unexpired passport which is not in [his] THE name OF
THE USER.

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

(F) OFFENSES RELATING TO FORGERY OF VISAS AND ENTRY
DOCUMENTS: PENALTIES. — A FINE OF NOT LESS THAN FIFTEEN
THOUSAND PESOS (P15,000.00) BUT NOT MORE THAN SIXTY THOUSAND
PESOS (P60,000.00) AND IMPRISONMENT OF NOT LESS THAN THREE (3)
YEARS, BUT NOT MORE THAN TEN (10) YEARS SHALL BE IMPOSED UPON
ANY PERSON WHO:

1. KNOWINGLY FORGES, COUNTERFEITS, ALTERS, OR
FALSELY MAKES ANY IMMIGRANT OR NONIMMIGRANT
VISA, PERMIT, BORDER CROSSING CARD, ALIEN
REGISTRATION CARD, OR OTHER DOCUMENT
PRESCRIBED BY STATUTE OR REGULATION FOR ENTRY
INTO OR AS EVIDENCE OF AUTHORIZED STAY OR
EMPLOYMENT IN THE PHILIPPINES OR ELSEWHERE WITH
THE INTENT OF USING THE SAME; OR

s

KNOWINGLY USES, ATTEMPTS TO USE, POSSESSES,
OBTAINS, ACCEPTS, OR RECEIVES ANY SUCH VISA,
PERMIT, BORDER CROSSING CARD, ALIEN
REGISTRATION RECEIPT CARD, OR OTHER DOCUMENT

30


PRESCRIBED BY STATUTE OR REGULATION FOR ENTRY
INTO OR AS EVIDENCE OF AUTHORIZED STAY OR
EMPLOYMENT IN THE PHILIPPINES OR ELSEWHERE,
KNOWING IT TO BE FORGED, COUNTERFEITED, ALTERED,
OR FALSELY MADE, OR TO HAVE BEEN PROCURED BY
MEANS OF ANY FALSE CLAIM OR STATEMENT, OR TO
HAVE BEEN OTHERWISE PROCURED BY FRAUD OR
UNLAWFULLY OBTAINED: PROVIDED, THAT THE USE OF
FORGED, COUNTERFEITED, ALTERED, OR FALSELY
MADE VISA, PERMIT, BORDER CROSSING CARD, ALIEN
REGISTRATION CARD, OR OTHER ENTRY DOCUMENT
SHALL BE PRIMA FACIE EVIDENCE OF KNOWLEDGE; OR

KNOWINGLY POSSESSES ANY BLANK PERMIT, OR
ENGRAVES, SELLS, BRINGS INTO THE PHILIPPINES, OR
HAS THE CONTROL OR POSSESSION IN ANY PLATE IN
THE LIKENESS OF A PLATE DESIGNED FOR THE
PRINTING OF PERMITS, OR MAKES ANY PRINT,
PHOTOGRAPH, OR IMPRESSION IN THE LIKENESS OF
ANY IMMIGRANT OR NONIMMIGRANT VISA, PERMIT OR
OTHER DOCUMENT REQUIRED FOR ENTRY INTO THE
PHILIPPINES OR ELSEWHERE, OR HAS THE POSSESSION
OF A DISTINCTIVE PAPER WHICH HAS BEEN ADOPTED BY
THE DEPARTMENT FOR THE PRINTING OF SUCH VISAS,
PERMITS, OR DOCUMENTS: PROVIDED, THAT THE
PERSON WHO FORGES, COUNTERFEITS, ALTERS, OR
FALSELY MAKES ANY IMMIGRANT OR NONIMMIGRANT
VISA, PERMIT, BORDER CROSSING CARD, ALIEN
REGISTRATION CARD, OR OTHER ENTRY DOCUMENT
SHALL BE PUNISHED BY A FINE OF NOT LESS THAN
SIXTY THOUSAND PESOS (P60,000.00) BUT NOT MORE
THAN ONE HUNDRED FIFTY THOUSAND PESOS
(P150,000.00) AND IMPRISONMENT OF NOT LESS THAN

31


16
17
18
19

20
21

23
24
25
26
27
28
29

‘SIX (6) YEARS BUT NOT MORE THAN FIFTEEN (15) YEARS
FOR EACH VISA OR ENTRY DOCUMENT.

FINES AND PENALTIES PROVIDED FOR UNDER THIS SECTION
SHALL BE IMPOSED IN THEIR MAXIMUM WHEN SAID ACTS ARE COMMITTED
BY A SYNDICATE OR IN LARGE SCALE. ANY UNLAWFUL ACT UNDER THIS
SECTION IS COMMITTED BY A SYNDICATE IF CARRIED OUT BY A GROUP OF
THREE (3) OR MORE PERSONS CONSPIRING AND CONFEDERATING WITH
ONE ANOTHER. SUCH ACTS ARE COMMITTED IN LARGE SCALE IF
COMMITTED AGAINST THREE (3) OR MORE PERSONS INDIVIDUALLY OR AS.
A GROUP.”

SEC. 21. Section 20 of the same Act if hereby re-numbered and amended to
read as follows:

“Sec. [20] 21. Suspension OR REVOCATION of Accreditation. — TRAVEL
OR RECRUITMENT AGENCIES AND OTHER PASSPORT-RELATED SERVICE
PROVIDERS ARE ALLOWED THE PRIVILEGE TO TRANSACT BUSINESS WITH
THE DEPARTMENT ON THE BASIS OF TRUST AND CONFIDENCE. FOR THE
EXERCISE OF THIS PRIVILEGE, THESE PASSPORT SERVICE PROVIDERS
SHALL BE REQUIRED TO SECURE ACCREDITATION FROM THE
DEPARTMENT.

Any [duly accredited] travel or recruitment [agent of] agency AND OTHER
PASSPORT SERVICE PROVIDERS [which] THAT violate[s the prescription on
application for passport under Section 6 hereof] ANY PROVISION OF THIS ACT
shall have [such] ITS accreditation suspended [without prejudice to civil, criminal or
administrative sanctions including revocation of its license to operate] OR
REVOKED IN ACCORDANCE WITH THE SCHEDULE OF ADMINISTRATIVE
PENALTIES TO BE FORMULATED BY THE DEPARTMENT. ANY SUCH
SUSPENSION OR REVOCATION OF ACCREDITATION SHALL BE WITHOUT
PREJUDICE TO CIVIL SERVICE OR CRIMINAL SANCTIONS AGAINST THE
AGENCY, ITS OFFICERS, AGENTS AND EMPLOYEES.

32


13
14
15

16
17
18

19
20

The [mere] submission of spurious, forged or falsified documents supporting a
passport application by any duly accredited travel or recruitment [agent or] agency
OR OTHER PASSPORT SERVICE PROVIDERS shall be prima facie evidence that
the said travel or recruitment [agent] AGENCY is the author of such forgery or
falsification []: PROVIDED, THAT THE SPURIOUS, FORGED OR FALSIFIED
DOCUMENT SUBMITTED WAS SECURED BY THE TRAVEL OR RECRUITMENT
AGENCY OR OTHER RELEVANT PASSPORT SERVICE PROVIDERS ON
BEHALF OF ITS CLIENT.”

SEC. 22. implementing Rules and Regulations. — The Secretary shall issue
the necessary Implementing Rules and Regulations to implement the provisions of
this Act within ninety (90) days from date of its effectivity without extension or
delays.”

SEC. 23. Separability Clause. — If any provision of this Act is declared
unconstitutional or invalid, the cther provisions not affected thereby shall remain in
full force and effect.

SEC. 24. Repealing Ciause. — RA No. 8239 and all other laws or parts
thereof, decrees, orders, rules and regulations inconsistent with the provisions of this

Act are hereby repealed, amended or modified accordingly.
SEC. 25. Effectivity Clause. — This Act shall take effect fifteen (15) days

after its publication in at least two (2) newspapers of general circulation or in the
Official Gazette.

33


FACT SHEET

HOUSE BILL NO. 5854
(As Approved by the Committee)

AN ACT
PROVIDING FOR THE POLICIES AND PROCEDURES TO
FACILITATE AND PROTECT THE CONSTITUTIONAL RIGHT OF
PEOPLE TC TRAVEL AMENDING FOR THE PURPOSE REPUBLIC
ACT NO. 8239, OTHERWISE KNOWN AS THE “PHILIPPINE
PASSPORT ACT OF 1996”

Introduced by: REPRESENTATIVES AL FRANCIS C. BICHARA, JUAN
EDGARDO “SONNY” M. ANGARA, BERNADETTE R. HERRERA-DY,
PEDRO P, ROMUALDO, MEL SENEN S. SARMIENTO, ERICO B.
AUMENTADO, EDGARDO R. GULLAS, MARCELINO R. TEODORO,
NELSON L. DAYANGHIRANG, GEORGE P. ARNAIZ, RODEL M.
BATOCABE, WALDEN F. BELLO, JULIETA R. CORTUNA, VINCENT
“BINGBONG” P. CRISOLOGO, FRANCISCO VICTOR F. ORTEGA,
CARLOS M. PADILLA, ARTHUR C. YAP and JOSE F. ZUBIRI lil

Committee Referral: COMMITTEE ON FOREIGN AFFAIRS
Committee Chairman: HON. AL FRANCIS C. BICHARA

OBJECTIVES:

* To simplify the passport documentation requirements and processes of the
Office Consular Affairs of the Department of Foreign Affairs (DFA);

To resolve the continuing cases of offenses relating to the issuance,
possession, use, suspension and revocation of passports.

KEY PROVISIONS:

* Provides for the issuance of passports using tamper proof and latest data
management technology;

* Simplifies passport documentation requirements and processes of the
Office of Consular Affairs of the Department of Foreign Affairs (DFA);

* Requires the submission of specific documents for minors, adopted
persons, widowed, annulled or divorced women, applicants to be adopted,
naturalized citizens and persons who have reacquired Philippine
citizenship;

* Provides for the issuance of non-renewabie Haj passport with three-month
validity to Muslims traveliing for such purpose:


¢ Revises the list of persons entitled to diplomatic and official passports;

* Provides additional grounds for passport amendments, denial and
cancellations;

* Provides for the issuance of passports with five (5) or ten (10) year validity;

* Creates of a Special Board of inquiry (SBI) to handle and adjudicate
complaints for cancelation of passports;

» Imposes stiffer penalties against perpetrators of fraudulent and fake
passports; and

RELATED LAWS:

* RANo. 8239- Philippine Passport Act of 1996

RA NO. 8043- inter-country Adoption Act of 1995

* RANo. 9523- An Act Requiring the Certification of the DSWD to
Declare a Child Legally Available for Adoption

* RANo. 9225- Citizenship Retention and Reacquisition Act of 2003

* RANo. 9048- An Act Authorizing the City or Municipal Civil Registrar or the
Consul General to Correct a Clerical or Typographical Error in
an Entry and/or change of First Name or Nickname in the Civil
Register without Need of a Judicial Order

* EO No. 209- Family Code of 1988

* PD No. 1083- Code of Musiim Personal Laws of the Philippines

* RANo. 386- Civil Code of the Philippines (Articles 376 and 412)