REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
QUEZoN C[r[¥
NINETEENTII CONGRESS
First Regular Session
HousEB`|ifNo.5221
Introduced by
REPRESENTATIVE ATTY. GERVILLE ``TINKY BITRICS" R. LUISTRO
EXPLANATORY NOTE
Section 6, Article Ill of the Constitution provides that ``Neither shall the right
to  travel be impaired except in the  interest of national security,  public  safety,  or
public health, as may be provided by law."
Pursuant   to   the   said   Constitutional   mandate,   Republic   Act   No.   8239,
otherwise  known  as  the  Philippine  Passport  Act of 1996,  was  enacted.   Its  main
purpose is to regulate the issuance of passports or any similar travel document to
any citizen or individual to ensure compfiance with the requirements stated under
the law.
Since its passage,  there have been a number of laws passed.  This includes
Repubhc Act No. 8552 or the Domestic Adoption Act of 1998, Republic Act No. 9226
or the Citizenship and Reacquisition Act of 2003, and Republic Act No. 11055 or the
Philippine Identification System Act of 2018.   The said laws affected the process of
passport applications and its issuance. Thus, with the advancement of technology
that made passports tamper-proof and with the new intemational standards set by
the  International  Civil  Aviation  Organization  (ICAO),  it  is  imperative  for  the
government to update the more-than-two-decades-old law.
This  bill  envisions  to  correspond  with  domestic  laws  and  international
agreements  relative  to  the  passport  application  and  issuance.     It  proposes  the
following provisions:
a)   Mandates  the  issuance  of  passports  using  tamper-proof  and  latest  data
management technology;
b)  Adaptation  of  the  bio-metric  system  while  mandating  the  Department  of
Foreign Affairs (DFA) to establish passport databases;


passports without physical appearance through the use of a recommended
technology authorized to do such;
d)  Fifty percent (50%) discount on the processing, issuance or replacement of a
passport for senior citizens and persons with disability (PWDs);
e)   Allows the DFA to charge not more than fifty percent (500/o) of the cuITent fees
relating to passport services to be utilized in improving the passporting and
consular services; and,
f)   Authorizes   the   issuance   of   other   travel   documents   based   on   specific
circumstances.
Moreover, this measure also proposes penalties on passport related offenses:
(i) the inegal withholding of a passport and (ii) forging of visas and entry documents.
It also provides stiffer penalties on the following: (i) issuance of passports by a non-
authorized person, (ii) forgery, and (iii) improper or fraudulent use of passports and
travel documents, including possession of multiple passports.
Similar measures were filed on the 18th Congress which were consolidated and
subsequently passed on the 3rd Reading.  It is noteworthy to recognize the efforts of
its  primary  sponsors,  namely,  Representatives  Ann  K.  Hofer,  Xavier  Jesus  D.
Romualdo, Ed Christopher S. Go, Sandra Y.  Eriguel, John Marvin ``Yul Servo"  C.
Nieto, the late Franciso G. Datol, |r., and Rufus 8. Rodriguez.
vel,


REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
QUEZON CITY
NINETEENTIII CONGRESS
First Regular Session
HOUSE BIL'LN-O. ±
Introduced by
REPRESENTATIVE ATTY. GERVILLE "TINKY BITRICS" R. LUISTRO
AN ACT PROVIDING FOR A NEW PASSPORT LAW,
REPEALING FOR THE PURPOSE REPUBLIC ACT NO. 8239,
OTHERWISE KNOWN AS THE "PHILIPPINE PASSPORT ACT 0F 1996"
Bn=::t„eLr%:ed by  the  Senate  and House  of Rapresentatives  of the  Philippines  in  Congress
assembled:
SECTION  1.  Short  Title.  -  This  Act  shall  be  known  as  the  ``New  Philippine
Passport Act."
SECTION  2.  Statement  of  Policy.  The  people's  constitutional  right  to  travel  is
inviolable.Accordingly,thegoverrmenthasthedutytoissuepassportsoranytravel
document to  any citizen  of the  Philippines  or individual  who  complies  with the
requirements  of this  Act,  using,  as  much  as  practicable,  the latest  tamper-proof,
personalization,  and  data  management  technology.  The  right  to  travel  may  be
mpaired only when national security, public safety, or public health so 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. The government shah ensure expeditious action on
such applications and the issuance of passports and travel documents.
SECTION 3. Definition of Terms.  As used in this Act:
(a) A"bflss¢ders refer to those who have been appointed as Chiefs of Mission
andarecurrentlyservingasAmbassadorsExtraordinaryandPlenipotentiary;


(b)Bfograpfr..cdrf¢referstoanindividual'sfullname,birthdate,birthplace,and
sex as recorded in the certificate of live birth or report of birth;
(c) B..offlefro.c d¢f¢ refers to front facing photograph, fingerprint, iris scan and/or
such other identifiable features of an individual;
(d) €`onv_ention c!n Iud?in?tional Civil Aviation or Chicago Convention refers to
the Convention which sets out certain principles and arrangements for the
development of international civil aviation and establishment of internationd
air transport services signed in Chicago in 1944 and which entered into force
in 1968;
(e) Co#s#J¢r  O#..cos  (CO)  refer  to  field  offices  of the  Department  of  Foreign
Affairs  (DFA)  Office  of Consular  Affairs  located  in  the  Philippines  where
passport and consular services are provided;
(I)  Coffls#Jar O#i.c€.flJ refers to a DFA official assigned to the Office of Consular
Affairs, DFA Consular Offices in the Phihippines and Foreign Service Posts,
who is responsible for providing passport and other consular services;
(g) Fng!.fl.zJes  4oJff  /.#sfj.ce  refer  to  those  who  flee  after  conviction  to  avoid
punishment and those who, after being charged, flee to avoid prosecution;
(h) Foret.g# Seruc.ce Posts ffsps) refer to embassies, missions, consulates general,
and other foreign service establishments maintained by the DFA;
(i)  JCAO refers  to the International Civil Aviation Organization,  a speciahized
agency of the UN, estabnshed by UN Member States in 1944 to manage the
administration  and  governance  of  the  Convention  on  International  Civil
Aviation or the Chicago Convention;
0.)  JCAO Docwfflenf 9303 refers to the latest edition of the compendium of ICAO
technical   requirements,   standards   and   recommended   practices   for   the
production of machine-readable travel documents;
(k) JssI{!.#g ¢wthori.fry refers to the DFA Office of Consular Affairs, DFA Consular
Offices in the Philippines,  or the Philippine Foreign Service Posts overseas
which issue passports and provide other consular services;
(I)  L¢nge sc¢Ze refers to  the commission of any of the  offenses under this Act
against three (3) or more persons individually or as a group;
(rnL) Machine   Readable   Travel   Document   refers   to   ar\   offroial   doc:unent,
conforming with the specifications contained in ICAO Document 9303, issued
by a State or organization, which is used by the holder for international travel
and  which is used by the holder for international travel and which contains


mandatory visual data and a separate mandatory data summary in a format
which is capable of being read by a machine;
(n) P¢ssporf  refers  to  the  ICAO{ompliant  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;
(o) Recogr€.zed flJt.e# rest.de#ts refer to ahieus who are permanent residents of the
Philippines,  or who  are Stateless persons  or refugees,  as recognized by  the
Philippine G overrm ent;
(p) Sgr#d!.cofe refers to a group of three (3) or more persons conspiring with one
another; and
(q) Tr#tJCJ Docwfflc#f refers  to  a  form  of identification,  compliant with  current
ICAO  standards,  that  the  Philippine  governlnent  issues  to  its  citizens  or
recognizedresidentssotheycancrossintemationalbordersinfieuofaregular
Passport.
SECTION 4.  Authority to  Issue,  Deny,  or Revoke.  Upon the  application of any
qualified Filipino citizen, the Secretary of Foreign Affairs, herein after referred to as
Secretary, or any duly authorized consular officer may issue passports in accordance
with this Act.
Philippine consular officials in a foreign country sham be authorized by the
Secretary to issue, verify, deny, or revoke a passport in the area of jurisdiction of the
Foreign Service 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 officials may, after due hearing and in
their proper discretion, deny issuance of a passport or revoke a passport: Provided,
however,  That  such  act  sham  not  mean  a  loss  of  or  a  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 Fhipino citizen are  at stake:  Provided,  finally,  That
denial or revocation of a passport shall not prevent the issuance of an Emergency
Travel Document.
SECTION 5. Requirements for the Issuance of a Passport. The Secretary, or a duly
authorized consular official, sham issue a passport to an appficant who is a Filipino
citizen and who has complied with the following requirements:
(a) A duly accomplished apphication forln;
(b) Proof   of   citizenship   as   prescribed   by   relevant   laws   regarding   the
acquisition of Philippine citizenship which include, but are not limited to:


(1) Birth  Certificate  or  Report  of  Birth,  whichever  is  appHcable,  for
natural  born  citizens  authenticated  by  the  Philippine  Statistics
Authority (PSA);
(2) Naturahization Certificate for Naturalized citizens;
(3) Filipino  Identification Certificate  by Election for  those  who  were
born before January 17, 1973, of Filipino mothers, and who elected
Philippinecitizeushipuponreachingtheageofmajority;or
(4) Documents issued  upon Reacquisition or Retention  of Philippine
citizenship  under  Republic  Act  No.  9225  otherwise  known  as
"CitizeushipRetentionandReacquisitionActof2003";
(c) Valid and sufficient proof of identity;
(d) rsA authenticated Marriage Certificate or Report of Marriage, whichever
is  applicable,  for  a  married  woman  who  wishes  to  use  her  husband!s
surname;
(e) Duly  armotated  PSA  authenticated  Marriage  Certificate  or  Report  of
Marriage, whichever is apphcable, of a woman who wishes to revert to the
use of her maiden name by virtue of an armulment, declaration of numty
of marriage, legal separation, or a judiciauy-recognized divorce; or Death
Certificate or Report of Death of the husband;
(D  For  a  minor  apphcant,  the  application  may  be  filed  by  either  parent:
Provided,  that  if  a  person  other  than  the  minor's  parents  files  the
applifa.tion, a Special Power of Attorney (SPA) duly executed by a person
exerasmgparentalauthoritymustbepresentedforthispurpose;
(g) Written consent of the Department of Social Welfare  and  Development
(DSWD), if the applicant is a prospective adoptive child under Republic
Act No. 8552, otherwise known as the "Domestic Adoption Act of 1998." If
the applicant is a prospective adoptive child of a non-Fiupino citizen, or a
relative within the fourth civil degree of consanguinity or affinity under
Republic Act No. 8043, otherwise known as the "'Inter-Country Adoption
Act of 1995", the following shall be presented:
1)   Authenticated   birth  certificate   from   the   PSA   or   a   foundling
certificate from the DSWD;
2)  Placement Authority issued by the lnter{ountry Adoption Board
(ICAB); and
3)  Certification issued by the DSWD.
q) For  applicants  who  are  sixty-five  (65)  years  old  and  above,  who  are
renewing their passports, 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
theuseofavailabletechnology;asfaraspracticable;
(i)  In case of discrepancy, the applicant's name or other details in the birth
certificate or report of birth sham prevail over that appearing in any other
public or private document: Provided, however, that by operation of law
or through court order, the appHcant is permitted to use a name other than
what is officially recorded in the PSA or the Local Civfl Registry Office
(LCRO);
0.)  A travel authority, issued by the head of the department, agency or office
or  a  duly  authorized  representative,  if  the  appHcant  is  a  government
official or employee seeking to apply for a diplomatic or official passport;
The DFA is mandated to ensure the integrity of the passport at au times.
Assuch,theSecretaryordulyauthorizedcousularofficialmayrequirethe
applicant  to  provide  additional  documents  untfl  the  latter  adequately
establishes citizenship and identity.
SECTI0N6.Application.Apersonapplyingforapassportforthefirsttimeshallbe
requiredtoappearinpersonforbiometricandbiographicdatacapturing.
minor.A  Person  exercising  Parental  authority  shall  assist  an  applicant  who  is  a
An  applicant who is  unable to read  or write,  persons  with disabflity or a
senior  citizen  may  be  assisted  by  a  relative  within  the  fourth  civfl  degree  of
consanguinity or affinity, or by the travelling companion of the applicant. The DFA
may require  other or additional documents  as may be specified in the rules  and
regulations promulgated for the implementation of this Act.
Personal appearance as weu as other additional documents shall be required
by   the  DFA  as   specified  in  the  rules  and   regulations   promulgated  for  the
implementatious of this Act: Provided, That, senior citizens who are sixty-five (65)
yearsoldandabovemayrenewtheirpassportswithoutneedofpersonalappearance.
SECTION 7. Types of Passports. The Secretary or the authorized consular officer
may issue the fouowing types of passports;
(a) Diplomatic Passports are issued to persons with diplomatic status or who are
on diplomatic mission such as;
(1) The President and former Presidents of the Philippines;
(2) The Vice President and former Vice Presidents of the Philippines;
(3) The   President   of   the   Senate,   the   Speaker   of   the   House   of
Representatives, and former President of the Senate and Speaker of
House of Representatives;
(4) The Chief Justice and Associate Justices of the Supreme Court and


the    Presiding   Justice    of   the   Court   of   Appeals,    and    the
Sandiganbayan;
(5) The  Secretary,  Undersecretaries  and  Assistant  Secretaries  of  the
DFA;
(6) The  Members  of  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, and Foreign Service
Officers  of  all  ranks  in  the  career  diplomatic  service,  including
designatedattachesfromtheDFAandagenciesofthegoverrment;
(8) The Secretaries of all the departments of the Executive branch;
(9) The Governor of the Bangko Sentral ng Pilipinas;
(10) The  Official  delegates  to  international  or  regional  conferences
accorded full powers by the President; and
(11) The spouses and unmarried minor children of the abovementioned
officials when accompanying or following to join them in an official
mission abroad.
The President of the Philippines or the Secretary may grant diplomatic
passports to officials and persons other than those enumerated herein who are
onofficialmissionabroadoraregrantedfullpowersbythePresident;
@) 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,  Assistant  Secretaries  of  the  Cabinet  other
than the DFA, the Associate Justices of the Court of Appeals and
the Sandiganbayan other members of the Judiciary,  and all other
government officials and employees travelling on official business
and official time;
(2) Staff officers and employees of the DFA 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  not  exceeding  two  (2):
Provided,  that  an  increase  in  domestic  service  and  household
members of such officials shall be approved by the Secretary; 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.


(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
incumbencyinoffice,holdtwo(2)passportssimultaneously:
(1) a regular passport for private travel; and
(2) a   diplomatic   or   official   passport   when   travelling   abroad   on
diplomatic or official business. The spouse and minor children of
persons entitled to diplomatic or official passports shall be issued
regular passports if they are not accompanying or following to join
them.
(d) Emergency  Passports,  which  shall  be  valid  for  one  (1)  year  from  date  of
issuance,  are  issued  to  Fhipino  citizens  who  have  been  previously  issued
regularpassportsbutforonereasonoranother,cannotapplyfororcannotbe
rssued a regular passport.
SECTION
Passport.
grounds:
8.  Grounds  for  Denial  of  Issuance  of  Passport  or  Revocation  of
A  passport  application  may  be  denied,  or  revoked,  on  the  following
(a) On orders of the court, to hold the departure of an applicant because of a
pending criminal case;
ap) On orders  of the court,  when the holder has been convicted  of a criminal
offense: Prouz.did, That a passport may be issued after service of sentence;
(c) On orders of the court, when the holder is a fugitive from justice;
(d) When  a  passport  was  acquired  fraudulently,  tampered  with,  or  issued
erroneously;
(e) When a passport is returned to the DFA by other government agencies or
entities: Pror7z.did, that revocation of the passport will not prevent the holder
from being issued a new passport;
(P  On written notarized request by the person exercising parental authority over
a minor applicant or passport holder, ProtJI.did, That, if the requesting party is
not a Filipino, the consent of the Filipino parent is required;
(g) When the applicant has been found to have violated any of the provisions of
this Act; and
(h) Such other disquanfication under existing laws.
SECTION 9. Passport Databases. - the DFA shall create the following databases:
(a) Passport database which shall contain all current and, if available, previous
passport  and  travel  document  records  of  Philippine  citizens,   including
recognized alien residents.
Q) Watchlist database which shall contain the names of persons whose passport
applications have been denied or whose passports were revoked under Sec. 4,


as well as those persons found to have committed, or attempted to commit,
offenses under Sec. 19 of this Act shall be included into a watchlist database.
Nopassportshallbeissuedtothepersousfoundinthedatabaseuntfltheyare
able to meet the documentary or legal requirements for the removal of their
names from the database.
The  Secretary  or  any  of  the  duly-authorized  consular  officials  may
recommend  the  inclusion  of  persons  in  the  database  other  than  those
previously cited for other reasons that may provide a basis for the DFA to
deny issuance of a passport to these persons.
Nothingintheaboveprovisiousshallpreventtheissuanceofothertypes
of travel documents to persons included in the watch]ist, at the discretion of
the Secretary or duly-authorized consular officials.
(c) Stolen,  lost,  and  revoked  database  which sham contain the  information on
passports and travel documents of persons who declared that their passports
or travel documents have been lost or stolen.
The passport or travel document that has been revoked by the DFA
under Sec. 4 of this Act shall also be included in this database.
SECTION  10.  Appeal.  Any  person  whose  passport  application  was  denied  or
revoked  shall  have  the  right to  appeal  to  the  Secretary,  whose  decision may be
reviewed by the appropriate court.
SECTI0N11.Validity.AsprovidedforunderRepublicActNo.10928extendingthe
validity  of Philippine  passports,  regular passports  issued under this  Act shall be
valid for a period of ten (10) years: ProtJz.did,  however, That for individuals under
eighteen (18) years of age, only a passport with five (5)-year vafidity sham be issued:
ProzJz.dcd, rtyrfher, That the issuing authority may limit the period of validity to less
than ten (10) years, whenever in the national economic interest or political stability
of the country such restriction is necessary:  Proz7I.did, fi7i¢JJy,  That a new passport
may be issued to replace one which validity has  expired,  the old passport being
returned to the holder after cancellation.
SECTION 12. Ownership of Passports. A Phihippine passport remalus at all times
the property of the government, the holder being a mere possessor thereof for the
duration of the passport's validity and the same may not be surrendered to any
entityorpersonotherthanthegovernmentoritsdulyauthorizedrepresentative.
SECTION  13.  Names  and  Titles.  Passports  shall  contain  the  fun  name  of  the
applicant, but shall not include any title, profession or job description.
SECTION 14.  Other Travel  Documents.  The following travel documents may be
issued in lieu of a passport, under the circumstances histed hereunder:


(a) Emergency Travel Document, which shall be valid for one (1) year from date
of issuance, for:
(1) A  Filipino  citizen  with  urgent travel  requirements  who,  for  one
reason or another,  has lost one's passport or whose passport has
expired or is expiring and cannot be issued a regular passport;
(2) A Filipino citizen with emergeney travel requirements, who has not
been issued a regular passport and who, for one reason or another,
cannot be issued a regular passport;
ap)TravelDocumentCertificate,whichshaubevalidforthirty(30)daysfromdate
of issuance, for:
(1) A Filipino citizen being repatriated to the Philippines;
(2)ThealienspouseofaFilipinoandtheirdependentswhohavenotyet
been  naturahized  as  a  Filipino  and  who  are  travehing  to  the
Philippines or is a permanent resident of the Phihippines returning
from travehig abroad; and
(3) Aliens permanently residing in the Philippines who are not able to
obtain a passport or other travel dor=uments from their countries of
Origin.
(c) Convention Travel Document, which shall be valid for five (5) years fromdate
of issuance, shall be issued for a Stateless person who is likewise a permanent
residentorarefugeegrantedsuchstatusorasyluninthePhilippines.
SECTION  15.  Loss  or  Destniction  of  a  Passport.  The  loss  or  destruction  of  a
passport shall be immediately reported to the DFA or a Foreign Service Post. The
holder of such passport shall submit an affidavit stating in detail the circumstances
of  such  loss  or  destruction.  As  used  in  this  Act,  a  lost  passport  is  one  the
whereabouts of which are unknown to the applicant despite diligent search, or if
known, may not be retrieved, recovered and produced by the applicant for reasons
beyond the applicant's control.
Should  the  DFA  find  that the  applicant made  false  claims  or  deliberately
withheld information about the loss of the passport or passports, the applicant shall
be held liable under Section 19ap) of this Act.
SECTION 16. Fees. Reasonable fees, as may be determined by the Secretary, shall be
collectedforthepror=essingandissuanceofapassportoratraveldocunent.
Senior citizens and persons with disabihity shall be entitled  to at least fifty
percent (50%) discount on the processing, issuance, or replacement of a passport.
SECTION 17. Passport Revolving Fund. The DFA may charge a service fee of not
more than fifty percent (50%) of the current fees, as determined in Section of this Act
for services rendered to applicants relating to the processing or issuance of passports


requiringspecialcousideration,waiverorissuancebeyondregularofficehours.
The service fees received  by the  DFA under this  section shall constitute a
revolvingfundtobecalledthe"PassportRevolvingFund"whichmaybeutifizedby
the DFA primarily for the improvement of its passporting and consular services and
otherDFAservicesexcepttravelandtransportationallowancesandexpenses.
The use and disbursement of the Passport Revolving Fund sham be subject to
audit by  the  Commission  on  Audit.  The  Secretary  shall  submit  a  report  on  the
collection and use of the Passport Revolving Fund to the Senate and the House of
Representatives semi- annually.
SECTION 18. Waiver. The Secretary is solely authorized to waive any requirement
setforthinSection5ofthisAct,aswellasthefeesfortheprocessingandissuanceof
passports and travel documents prescribed under Section 16 of this Act.
SECTION  19.  Offenses  and  Penalties.  A  passport,  being  a  proclamation  of  the
citizenship of a Filipino, is superior to all other official documents and as such, shall
be accorded the highest respect by its holder. Any act prejudicial to its integrity is a
gravecrimeagaiustthesecurityoftheStateandshaHbepenalizedaccordingly:
(aL) 0_f fenses _Relating  to  Issuances;  Penalties.  A  fine  of  r\ct less  than Fifteen
Thousand  Pesos   (P15,000.00)  but  not  more  than  Sixty  Thousand  Pesos
(P60,000.00)andimprisonmentofnotlessthansix(6)yearsandone(1)daybut
not more than twelve (12) be imposed to any person who:
(1) Acts or claims to act in any capacity office under the Repubhic 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  se]]ing  in  whatever
capacity passport application forms, or lost or stolen passports and
travel documents; or
(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 Foreign Service Posts to apply for a passport,
and persuades, entices, encourages, or misleads such applicant to
course the application through another person or agency other than
theDFAoritspersonnelonthepretextoffacilitatingitsapprovalor
issuance by the DFA; or
(3) Being neither  a  diplomatic  or consular  official,  nor  an employee
authorized   to   grant,   issue,   or   verify   any   passport   or   travel
document to or for any person, and even though not claining 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   apphcation   form,   making   payments,   handling
application  documents,  or  any  other  action  relating  to  passport
application.
A fine of not less than Fifteen Thousand Pesos  (P 15,000.00)  but not
more than Sixty Thousand Pesos  (P60,000.00)  and imprisorment of not less
than six (6) years and one (1) day but not more than twelve (12) years, and,
upon conviction, perpetually disqualified from holding public office shall be
imposed to any person who:
(1) 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 owing anegiance to
the Repubfic of the Philippines, whether citizen or not; or
(2) Being  a  diplomatic  or  consular  officer,  knowingly  and  willfully
grants, issues,  or  certifies  to  the  authenticity  of  any  passport  or
travel document for any person not entitled thereto, or knowingly
and willfully issues more thanone passport to any person except as
provided for in this Act.
aj) 9penses .Relating  to  False  Statements;  Penalties.  A firme  o£  "ct Less  than
Fifteen Thousand Pesos (P 15,000.00) but not more than Sixty Thousand Pesos
(P60,000.00)andimprisonmentofnotlessthansix(6)yearsandone(1)daybut
not  more  than  twelve  (12)  be  imposed  to  any  person  who  willfully  and
knowingly:
(1) Makes  any  false  statement in  any  application  passport  with  the
intent  to  induce  or  secure  the  issuance  of  a  passport  under  the
authority of the Philippine government, for any purpose, contrary
to this Act or rules and regulations prescribed pursuant hereto; or
(2) Makes any false statement in an Affidavit declaring a passport as
lost while knowing its actual whereabouts or not exerting dihigent
effort to retrieve, recover and produce the same; or
(3) Uses or attempts to use any passport which was secured in any way
by reason of any false statement.
(c) Offenses Relating to Forgery; Penalties. ALny person whlo..
(1) Falsely makes, forges, counterfeits, mutilates or alters any passport
or  travel  document  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 Seventy-Five Thousand Pesos (Phpp75,000.00)
but   not   more    than   One   Hundred    Fifty   Thousand    Pesos


(P150,000.00)andimprisonmentofnotlessthansix(6)yearsbutnot
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  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 herein
prescribed  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 imprisorment of not less than six
(6) years but not more than fifteen (15) years.
Prou!.ded, that forgeries of five or more passports or travel documents,
would be considered as massive forgery tantamount to national sabotage and
shah be punished by a fine of not less than Two Hundred and Fifty Thousand
Pesos  (P250,000.00)  nor  more  than  One  Mllion  Pesos  (1,000,000.00)  and
Imprisonment of not less than seven (7) years nor more than seventeen (17)
years.
(d) O_f fen.se.s  R?lqfing  lo  Improper  Use  of  Passports  and  Travel  Documents;
Pc##Jf!.cs.  A fine of not less than Sixty Thousand Pesos (P60,000.00) but not
Tore    than    One    Hundred    Fifty   Thousand    Pesos    (P150,000.00)    and
Imprisonment of not less than six (6) years but not more than fifteen (15) be
imposeduponanypersonwhowillfullyandknowingly:
(1) Uses or attempts to use any passport issued designed for the use of
another  or  any  supporting  document  for  a  passport  application
which belongs 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 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 physicauy or mentally
incapacitated and the passport is released to the parent, guardian or
immediate relative: Proz7!.did,  that in case of an emergency and for
humanitarian reasorrs, at the discretion of the head of the Office of
Consular Affairs or the head of the Consular Section or the Consul
General of a Foreign Service Post, 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; or
(5) Sells, trades, pawns, mortgages or uses an issued passport or travel
document as collateral to secure debt, or in any marmer uses such
passport or  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;
te,gff`:_n]s:.sip.:t_:Tpt`o¥`ulttptePossessto.ft`ofFa_ssports;Penalttes.Noperson
or individual may hold more than one (1) valid passport, except as provided
for in Section 7 hereof, and any individual who possesses more than one (I)
unexpired   passport   shall,   for   every   unexpired   passport   found   in   the
individual's  possession,  be  punished  by  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 six (6) years and one (I) day
but  not more  than twelve (12) years: ProzJI.did, That the maximum fine and
imprisonment shall be imposed by the court for any attempt to use or the
actual use of an unexpired passport which is not in the name of the user.
(0  0pens€s Rel.ating_ t_o Forgery of Visas and Entry Documents; Penalties. A fro
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)
yearsbutnotmorethanten(10)beimposeduponanypersonwho:
(1) penoyingly   forges,   counterfeits,   alters   or   falsely   makes   any
immlgrant  or  non-immigrant  visa,  permit,  border  crossing  card,
alien registration card, or other dorunent 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;
(2) Knowingly uses, attempts to use, possesses, obtains, or receives any
such visa, permit, border{rossing 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 Phihippines 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: P7ioz#.did, That the use of forged, counterfeited,
altered  or  falsely  made  visa,  permit,  border  crossing card,  alien
registration  card  or  other  entry  document  shall  be  prz.m#  /#cz.c
evidence of knowledge of its forgery, counterfeiting, alteration, or
falsity; or
(3) Knowingly possesses  any blank permit  or  engraves,  sells,  brings


into the Philippines, or has the control or possession in any plate in
thelikenessofaplatedesignedfortheprintingofpermits,ormakes
?ny  .print,   photograph  or  impression   in  the   likeness   of   any
mmlgrant  or  non-immigrant  visa,  permit,  or  other  document
required  for  entry  into  the  Philippines  or  elsewhere,  or  is  in
possession of the distinctive paper which has been adopted by the
DFA for the printing of such visas,  permits or other  documents:
P7'ot)2.did, That the person who forges, counterfeits, alters or falsely
makes  any  immigrant  or  non-immigrant  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
(Php60,000.00)  but  not  more  than One  Hundred  Fifty  Thousand
pesos  (Phpl50,000.00)  and  imprisonment  of  not  less  than  six  (6)
years,  but not more than fifteen  (15) years for each visa or entry
document.
(g)g.ff+e^ns^e^S_P^e^l^aLt_irg..:?:}l_egalvy!`tFh?I.ding.o.fpassportpenalties.Aayperson
who confiscates, retains, or withholds, without any legal authority, any valid
passportissuedbytheDFAshaubeguiltyofthecrimeofillegalwithholding
of passport:  Provided, That the act of withholding or denying passports or
travel documents from applicant workers before departure, for monetary or
financial cousideratious, or for any other reasons, other than those authorized
under  the  Labor  Code  and  its  implementing  rules  and  regulations,  shall
continue  to be considered as "illegal recruitment" and be penalized as such
crime under Section 6  (k)  and  Section  7,  respectively,  of Republic  Act No.
8042, otherwise known as the Migrant Workers and Overseas Filipinos Act of
1995, as amended by Republic Act No. 10022.
Any person found guilty of crime of "Illegal Withholding of Passport"
shall suffer the penalty of imprisonment of not less than six (6) years and one
(1) day but not more than twelve (12) years, and shall pay a fine of not less
than tine Million Pesos (P1,000,000.00) but not more than Two Million Pesos
(P2'000,000.00).
If  the  offender  is  a  public  official,  in  addition  to  the  prescribed
penalties,  the  offender  shall  be  dismissed  from  service  and  shall  suffer
perpetual absolute disqualification to hold public office.
If  the  offender  is  a  corporation,  partnership,  association,  or  any
juridical  person,  then  the  penalty  shall  be  imposed  upon  the  president,
partner,  manager,  and/or  any responsible  officer  of the  organization who
directly  participated  in  the  commission  of  the  violation  of  this  Act  and
allowed its perpetuation and continuance:  Prot)I.did,  That in every case, the
criminal conviction of the liable officer(s) shall cause and carry the automatic
revocation of the business hiceuse and/ or special certificate of accTeditation or
certificate of registration of corporation, partnership, association, or juridical


J'         `!,
person;  and:  Pror7z.did ¢rfker,  That these  entities  and  their  officers who  are
criminauy  held  liable for the violation of this  Act shall not be  allowed to
operate simflar establishments  under different names.  If the  offender is  an
alieninthePhilippineterritory,inadditiontothepenaltiesprescribedabove,
qi) The  penalties  provided  for  under  this  Section  shall  be  imposed  in  their
maximumwhentheoffeusesarecommittedbyasyndicateorinlargescale.
(i)  In case any of the offenses prohibited in this Act constitutes a violation of the
Revised  Penal  Code  and  the  penalty  imposed  therein  is  higher  than  that
providedinthisAct,thepenaltyprescribedinthisActshallbeimposed.
SECTION 20. Implementing Rules and Regulations. The Secretary sham issue the
rules and regulations to effectively implement the provisions of and carry out the
policysetforthinthisActwithinsixty(60)daysfromtheeffectivityofthisAct.
SECTION 21. Separabilfty Clause. If any part or provision of this Act is declared
uncoustitutional or invalid, the other provisions or parts not affected shall remain in
full force and effect.
SECTION 22.  Repealing Clause. Republic Act No.  8239,  otherwise known as the
Philippine Passport Act of 1996, is hereby repealed. AIl other laws, decrees, orders,
rules and regulations, and other issuances or parts thereof, that are inconsistent with
theprovisiousofthisActareherebyrepealedormodifiedaccordingly.
SECTION  23.  Effectivity.  Tis  Act  shall  take  effect  fifteen  (15)  days  after  its
publicationintheOfficialGazetteorinanationalnewspaperofgeneralcirculation.
Approved,