HOUSE YF RE

ENT aTIVES
REG, ENED

Pe 6 2016
Republic of the Philippines

HOUSE OF REPRESENTATIVE en

Quezon City By:

SEVENTEENTH CONGRES'

‘st Regular Ses

3284

F

HOUSE BILL NO.

Introduced by Representative LINABELLE RUTH R. VILLARICA

EXPLANATORY NOTE

“TR SU SS TRE a pO Ta. cepa KS RRS REBUN
Act (RA) No. 8239, otherwise known as the “Philippine Passport Act of 1996”

Section 6, Article II] of the 1987 Constitution provides, in part:

‘Sec. 6. xxx. Neither shail 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 aforementioned Constitutional mandate, RA No. 8239 was enacted in
1996. Its main objective is to regulate the issuance of passports or any travel document to
any citizen or individual in accordance with the requirements stated in the law

Since the passage of RA No, 8239, a number of laws were passed which affect the
passport process such as RA No, 8352, otherwise known as the “Domestic Adoption Act of
1998” and RA No. 9226. also known as the “Citizenship and Reacquisition Act of 2003”
This bill aims to update and reflect current laws that affect the process of issuing passports.

‘This measure likewise simplifies the passport documentation requirements by
requiring the submission of specific documents: revises the list of persons entitled to
diplomatic and official passports: provides for the issuance of passports with five (5)- oF ten
(10)-year validity: creates a committee to process and adjudicate complaints: and imposes
stiffer penalties against persons who use or conspire and connive with others to use
fraudulent passports,



A bill of similar intent was filed during the Sixteenth Congress with Representative
Al Francis C. Bichara as its principal author.

It is on the basis of the foregoing considerations that the approval of this bill is
earnestly recommended.

Sh lancer!
LINABELLE RUTH R. VILLARICA
4" District, Bulacan



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Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Quezon City

Introduced by Representative LINABEL

= RUTH R. VILLARICA

AN ACT
PROVIDING FOR A NEW PASSPORT LAW, REPEALING FOR THE PURPOSE
REPUBLIC ACT NUMBERED EIGHT THOUSAND TWO HUNDRED THIRTY-
NINE (R.A. NO. 8239), OTHERWISE KNOWN AS THE “PHILIPPINE
PASSPORT ACT OF 1996”

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

SECTION 1. Short Title. — This Act shall be called the “New Philippine Passport
Act”,

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 technol

the Philippines or individual who complies with the requirements of this Act, The right to

as much as practicable or any travel document to any citizen of

travel may be impaired only when national security, public safety, or public health require:
To enhance and protect the unimpaired exercise of this right, only minimum requirements for
application and issuance of passports and other travel documents shall be prescribed, Action
on such application and the issuance thereof shall be expedited.

SEC. 3. Definitions of Terms. — As used in this Act:

a) Ambassadors refer to those who have been appointed as chiefs of mission and have
served as Ambassadors Extraordinary and Plenipotentiary


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b) Consular offices refer to Department of Foreign Affairs (DFA) offices located in
Metro Manila and regional hubs where consular services, including passport and
authentication services, and consular assistance are provided:

©) Passport refers to a document issued by the Philippine government to its citizens and
requesting other governments to allow its citizens to pass safely and freely, and to provide all

lawful aid and protection if needed:

d) Post refers to a Philippine diplomatic and consular post such as an embassy or
consulate;

©) Supporting Documents refer to papers or documents which are required to be
submitted with the passport application supporting claims to Filipino citizenship 10 complete
the application for a passport without which such application shall be deemed incomplete or
otherwise become subject to denial by the issuing authority; and

1) Travel Document refers to a certification with the relevant personal details of the
bearer, which is issued in lieu of a passport, by the DFA or Post based on grounds provided in
Section 16 of this Act.

SEC. 4, Authority to Issue, Deny or Cancel. — The Secretary of Foreign Affairs,
hereinafter referred to as Secretary. or any duly authorized consular officer assigned in the
Philippines or at a post may issue. deny or cancel a passport in accordance with Sections 6, 8
and 9 of this Act. The issuance of a passport may not be denied if the safety or welfare of a
Filipino is at stake, unless a travel document is sufficient for the repatriation or return trip to
the Philippines. The denial or cancellation of a passport is not a mode of losing Philippine
citizenship

SEC. 5. Cooperation with Local Government Units. — The DFA shall issue rules and
regulations on the guidelines and mechanisms of its cooperation with local government units
on passport services.

SEC. 6. Requirements for the Issuance of Passport. — The Secretary or a duly
authorized representative shall issue a passport to an applicant who is a Filipino citizen and
has complied with the following requirement

a) A duly accomplished application form and photographs of such number, size and style
as may be prescribed by the DF

b) The applicant's birth certificate or the foundling certificate in security paper issued by
the Philippine Statistics Authority (PSA) or a certified true copy (CTC) of birth certificate
issued by the Local Civil Registry Office (LCRO) duly authenticated by the PSA: 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

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delayed registration of birth with the LCRO where the applicant was bor. Upon compliance
with the requirements for delayed registration of birth, the LCRO shall issue to the 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. The
certification and the accomplished certificate of live birth shall be sufficient to support an
application for passport in addition to other papers which the DFA may require from the
applicant such as certification of no prior registration or certification of previous birth
registration from the PSA:

©) In the absence of a birth certificate or a foundling certificate, a baptismal certificate
issued by 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 shall 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 bitth, citizenship, and names of parents: Provided, That a Filipino who does not belong to
any religious group or sect and whose parents for any reason failed to have the applicant
baptized shall be exempted from the baptismal certificate requirement: Provided, further,
That in lieu thereof, the applicant shall execute an affidavit to that effect duly corroborated by
an affidavit of at least two (2) persons of good reputation who personally know such fact:

4) For a married woman who opts to adopt the sumame of her husband, a local civil
registry copy of her marriage contract duly authenticated by the PSA: Provided. That a
married woman who was widowed or divorced in accordance with Article 26 of Executive
Order (EO) No. 209, otherwise known as the “Family Code of the Philippines”, as amended
by EO No. 227, or under Presidential Decree (PD) No. 1083, otherwise known as 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 PSA or a CTC of death certificate issued by the
LCRO, duly authenticated by the PSA or a 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 PSA or the LCRO:

¢) For a naturalized citizen, a certified copy of the naturalization certificate, or a certified
naturalization certificate of spouse or parent duly registered by the LCRO and authenticated
by the PSA if citizenship is claimed through naturalization of the spouse or the parent;

) For a minor applicant, the application may be filed by either parent: Provided, That if'a
person other than the minor's parents files the application, a special power of attorney duly
executed by either parent 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 an affidavit of consent executed by the legal guardian or the DSWD must be
presented:


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g) The consent of the 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-Filipino 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 Inter-Country Adoption Board (ICAB); and

(3) Certification issued by the DSWD;

h) For an applicant who has reacquired Philippine citizenship under Republic Act No.
9225, otherwise known as the “Citizenship Retention and Re-acquisition Act of 2003”, and
other existing laws. the following shall be presented:

(1) Identification certificate issued by appropriate agencies: and
(2) Such other documents as may be necessary or required for the issuance of Philippine
passport;

i) In case of discrepancy. the applicant's name in the birth certificate shall prevail over
that appearing in any other public or private document: Provided, however. That by operation
of law or through court order, the applicant is permitted to use a name other than what is
officially recorded in the PSA or the LCRO; and

j) If the applicant is a g y issued by the head of a
department, agency or office may be required only if the applicant is applying for an official
passport.

ernment employee, the travel authori

SEC. 7. Application. — 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 parent or legal guardian ma}

st an applicant who is a minor.

‘An applicant who is illiterate, physically disabled or a senior citizen may be assisted by a
relative within the fourth civil degree of consanguinity or affinity, or by anyone belonging to
the same household.

The DPA shall provide a special procedure to facilitate the passport application of
illiterate. physically disabled and senior citizens.


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An applicant may also be assisted by any licensed travel or recruitment agency duly
accredited by the DFA.

In the case of a passport application filed by a recruitment or travel agency or passport-
related service provider duly accredited by the DFA, 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 DFA shall have the right to require alternative documents as may be specified in the
implementing rules and regulations formulated to enforce this Act.

SEC. 8. Types of Passports. — The Secretary or the authorized representative or consular
officer may issue the following 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 Republic of the Philippines;
(2) The Vice-President and former Vice-Presidents of the Republic of the Philippines:
(3) The Senate President. 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 and Associate Justices of the Supreme Court, and the presiding
Justice of the Court of Appeals:

(5) The Secretary, Undersecretaries and Assistant Secretaries of the DF/

(6) The Members of Congress;

(7) The Secretaries of all the departments of the Executive branch;

(8) The Ambassadors
Philippines:

ordinary and Plenipotentiary of the Republic of the

(9) The Chiefs of Mission and Foreign Service Officers of all ranks in the career
diplomatic service. including designated Attachés from the DFA and attached agencies of the
government:

(10) The Governor of the Bangko Sentral ng Pilipinas:


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(11) The official delegates to international or regional conferences accorded full powers
by the President; and

(12) 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 on official mission abroad
or are granted full powers by the President:

b) Official passports are issued to all government officials and employees on official trip
abroad but who are not on a diplomatic mission or have not been accorded diplomatic status
such as:

(1) The Undersecretaries and Assistant Secretaries of the Cabinet other than the DFA, the
Associate Justices of the Court of Appeals and other members of the Judiciary, and all other
government officials and employees travelling on 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. including unmarried children who are not minors but
dependent on the staff officers and employees of the DFA assigned to diplomatic or consular
posts and offices, and representatives of other government agencies assigned abroad, when
accompanying or following to join them; and

©) Regular passports are issued to Filipino citizens who are not eligible or entitled to
diplomatic or official passports, including government officials or employees going abroad
for pleasure or other personal reasons. Government officials and employees and members of
their families may, during their incumbency in office, hold two (2) passports simultaneously:
(1) @ 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.

SEC. 9. Grounds for Denial of Issuance of Passport or Cancellation of Passport —
The application for a passport may be denied or an existing passport may be cancelled on the
following grounds only


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a) Denial

(1) Failure to comply with the requirements in accordance with Section 6 or violation of
the provisions of this Act:

(2) Court order to arrest or hold the departure of the passport applicant in connection
with a pending criminal case:

(3) Court order declaring the passport applicant as a fugitive from justice;

(4) Final court decision convicting the passport applicant of a crime: Provided, That the
convict, upon release on account of completion of sentence or grant of amnesty. pardon or
probation, may apply for a passport; and

(5) Request of the parent exercising parental authority or the legal guardian of a minor
child: Provided, That a court order to withhold the issuance of a passport or to hold the
departure of the minor child shall be required if both parents exercise parental authority and
they disagree on the issuance of a passport or travel abroad of their minor child:

b) Cancellation
(1) If the passport was obtained in violation of the provisions of this Act;

(2) Court order to arrest or hold the departure of the passport holder in connection with a
pending criminal case:

(3) Court order declaring the passport holder as a fugitive from justice:
(4) Final court decision convicting the passport holder of a crime: Provided, That the

convict, upon release on account of completion of sentence or grant of amnesty, pardon or
probation, may apply for a passport:

(5) Request of the parent exercising parental authority or the legal guardian of a minor
child: Provided. That a court order to cancel the passport or to hold the departure of the minor
child shall be required if both parents exercise parental authority and they disagree on the
travel abroad of their minor child: and

(6) Such other disqualifications as provided under Philippine law and jurisprudence.

SEC. 10. DFA Passport Review Committee (DPRO). ~The DFA motu proprio or upon
receipt of any verified complaint that necessitates cancellation or denial of passport shall
summon the passport holder who is given fifteen (15) working days upon receipt of the
complaint to reply and submit such proof to contravene the complaint.


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A DFA Passport Review Committee (DPRC) under the Office of the Secretary is hereby
created for this purpose.

The DPRC shall also review the status of passports of
investigated for alleged offenses against Filipinos.

10s Overseas who are being

The DFA shall issue the rules and regulations on the establishment. composition,
functions, procedures and other related details of the DPRC in accordance with this Act

SEC. 11. Appeal. ~ Any person who was aggrieved as a result of the application of this
Act or of the implementing rules and regulations issued by the Secretary shall have the right
to appeal to the Secretary whose decision may be reviewed by the appropriate court.

SEC. 12. Validity. — Regular passports issued under thi:
five (5) or ten (10) years.

Act shall be valid for a period of

hhe 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

SEC. 13. 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 the passport of any Filipino citizen may be voluntarily
surrendered to any post for storage and safekeeping for which a proper receipt shall be issued
for presentation when reclaiming the passport at a later date,

SEC. 14. Names and Titles. — The passport shall contain the full name of the applicant,
but shall not include any title, profession or job description.

SEC. 15, Markings and Stamps
marking, annotation or stamp pertaining to travel restrictions, Limitation of travel shall be
administered through travel advisories or other means which do not necessitate marking or
stamping of passports.

All passports issued by the DFA shall not contain any

SEC. 16. Travel Documents, — A travel document. in lieu ofa passport, may be issued
to

a) A Filipino citizen returning to the Philippines who for one reason or another has lost a
passport or cannot be

ued a regular passport:
b) A Filipino citizen who has lost a passport while in transit to another country;

©) A Filipino citizen being repatriated to the Philippines:


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d) An alien spouse of a Filipino and their dependents who have not been naturalized as
Filipinos and who are travelling to the Philippines or are permanent residents of the
Philippines;

©) Filipino citizens performing Umrah and Hajj: and
£) A stateless person or refugee who is granted such status in the Philippines.

SEC. 17. Loss or Destruction, ~ The loss or destruction of a passport shall be
immediately reported to the DFA or post. The holder of such passport shall submit to the
DFA or post an affidavit stating in detail the circumstances of such loss or destruction. The
DFA shall then furnish the National Bureau of Investigation and the Bureau of Immigration
copies of the affidavit.

For those who are abroad. copies of the affidavit shall be forwarded by the post to the
DFA Office of Consular Affairs. which shall, in coordination with the Office of Legal
Affairs, transmit a copy of the affidavit to the National Bureau of Investigation and the
Bureau of Immigration, The transmittal of the affidavit shall be accompanied by a request for
the confiscation of the lost passport if found. and to investigate or. if necessary, detain the
person attempting to use or has used the passport. All posts shall 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 fifieen (15) days following the date of submission of the
affidavit of loss as herein required: Provided, however, That in the case of a passport reported
lost by a Filipino travelling abroad, the post may waive the fifteen (15)-day requirement if the
loss has been proven to the satisfaction of the consular officer: Provided, further, That in case
the Filipino who reported the loss of a passport is returning to the Philippines, the holder may
be issued a travel document

In all cases, the fifteen (15)-day rule may be waived 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
post.

SEC. 18. Fees. ~ Reasonable fees shall be collected for the proce:
amendment of an existing passport or replacement of a lost passport and the i
travel document as may be determined by the DFA. The DFA shall prescribe the necessary
fees for passports with five (5)-year and ten (10)-year validities.

issuance, or

suance of a

SEC. 19. Passport Revolving Fund. ~ The DEA may charge a service fee of not more
than Two hundred fifty pesos (Php250.00) 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 DFA under this section shall
constitute a revolving fund to be called the “Passport Revolving Fund” which may be

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utilized by the DPA for the improvement of its passport issuance, consular and other services
except travel and transportation allowances and expenses.

‘The establishment, use and disbursement of the revolving fund shall be subject to the
review by the Commission on Audit and according to accounting and auditing rules and
regulations, and shall be subject to an annual review by Congress. The Secretary 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 on Foreign Affairs.

EC. 20. Waiver. ~ The Secretary
in Section 6 of this Act.

solely authorized to waive any requirement set forth

SEC. 21. 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 grave crime against the
security of the State and shall be penalized accordingly

a) Offenses Relating to Issuance; 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 thousand pesos (Php15,000.00)
but not more than Sixty thousand pesos (Php60,000.00) and imprisonment of not less than six
(6) years and one (1) day but not more than twelve (12) years; or

(2) 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 allegiance to the Republic of the Philippines, whether citizen or not, shall be
punished by a fine of not less than Fifteen thousand pesos (Php15,000.00) but not more than
Sixty thousand pesos (Php60,000.00) and imprisonment of not less than six (6) years and one
(1) day but not more than twelve (12) years and, upon conviction, be perpetually disqualified
from holding public office; or

(3) Being a diplomatic or consular officer, (i) knowingly and willfully grants, issues, or
certifies to the authenticity of any passport or travel document for any person not entitled
thereto. or (ii) knowingly and willfully issues more than one (1) passport to any person
except as provided for in this Act, shall be punished by a fine of not less than Fifteen
thousand pesos (Php15,000.00) but not more than Sixty thousand pesos (Php60,000.00) and
imprisonment of not less than six (6) years and one (1) day but not more than twelve (12)
years and, upon conviction, be disqualified perpetually from holding public office; or

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(4) Acting or claiming to act in any capacity, with the intention to profit thereby,
intercepts a person proceeding to the DFA or any of its 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 DFA or its personnel on the
pretext of facilitating its approval or issuance by the DFA shall be punished by imprisonment
of not less than eighteen (18) months but not more than six (6) years;

b) Offenses Relating to False Statements: Penalties. ~ Any person who willfully and
knowingly:

(1) Makes any false statement in any application for passport with the intent to induce or
secure the issuance of a passport under the authority of the Philippine government, for any
purpose, contrary to this Act or rules and regulations prescribed pursuant hereto shall be
punished by a fine of not less than Fifteen thousand pesos (Php15,000.00) but not more than
Sixty thousand pesos (Php60,000.00) and imprisonment of not less than 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 statement shall be punished by a fine of not less than Fifteen thousand pesos
(Php15,000.00) but not more than Sixty thousand pesos (Php60.000.00) and imprisonment of
not less than six (6) years and one (1) day but not more than twelve (12) years; or

(3) In addition to the abovementioned fines and penalties, travel and recruitment agencies
and passport-related service providers. agents. liaison officers or representatives convicted of
offenses relating to false statements shall have their license revoked with all deposits, escrow
accounts or guarantee funds deposited or made as requirement of their business forfeited in
favor of the government. 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 DFA 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 Seventy-five thousand
pesos (Php75.000.00) but not more than One hundred fifty thousand pesos (Php150,000.00)
and imprisonment of not less than six (6) years 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) Willfally 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 (Php60.000.00)
but not more than One hundred fifty thousand pesos (Php150,000.00) and imprisonment of

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not less than six (6) years but not more than fifteen (15) years. The officers of corporations,
agencies or entities licensed in the travel and recruitment industry shall be held similarly
liable as their agents, liaison officers or representatives. Forgeries of five (5) or more
passports or travel documents shall be considered as massive forgery tantamount to national
sabotage and shall be punished by a fine of not less than Two hundred fifty thousand pesos
(Php250,000,00) but not more than One million pesos (Php1,000,000.00) and imprisonment
of not less than seven (7) years but not more than seventeen (17) years:

) Offenses Relating to Improper Use: Penalties. ~ A fine of not less than Sixty thousand
pesos (Php60,000.00) but not more than One hundred fifty thousand pesos (Php! 50,000.00)
and imprisonment of not less than six (6) years but not more than fifteen (15) years shall be
imposed upon any person who willfully and knowingly:

(1) Uses or attempts to use any passport issued or designed for the use of another or any
supporting 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 (o 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 or the Consul General of a 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:

©) Offenses Relating to Multiple Possession; Penalties. — No person or individual may
hold more than one (1) valid passport, except as provided for in Section 8 hereof, and any
individual who possesses more than one (1) unexpired passport shall, for every unexpired
passport found in his possession, be punished by a fine of not less than Fifteen thousand
pesos (Php15,000.00) but not more than Sixty thousand pesos (Php60,000.00) and
imprisonment of not less than 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 for
any attempt to use or the actual use of an unexpired passport which is not in 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 therein is heavier than that provided in this Act, the
latter penalty shall be imposed:

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1) Offenses Relating to Forgery of Visas and Entry Documents; Penalties. — A fine of not
less than Fifteen thousand pesos (Php15,000.00) but not more than Sixty thousand pesos
(Php60,000.00) 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 ot
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

(2) Knowingly use obtains, accepts or receives any such
. 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, 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

visa

(3) 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 DFA
for the printing of such visas. permits or other 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 (Php60,000.00) but not more than One hundred
fifty thousand pesos (Php150,000.00) and imprisonment of not less than six (6) years but not
more than fifteen (15) years for each visa or entry document.

The 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 operation. 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. 22. Suspension or Revocation of Accreditation. — Travel or recruitment agencie
and other passport-related service providers are allowed the privilege to transact business
with the DFA on the basis of trust and confidence. For the exercise of this privilege. the
passport service providers shall be required to secure accreditation from the DFA.

Any travel or recruitment agency and other passport service providers that violate any
provision of this Act shall have their accreditation suspended or revoked in accordance with

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the schedule of administrative penalties to be formulated by the DFA. Any such suspension
or revocation of accreditation shall be without prejudice to civil or criminal sanctions against
the travel or recruitment agency and other passport service provider, their officers, agents and

employees

The submission of spurious, forged or falsified documents supporting a passport
application by any duly accredited travel or recruitment agency or other passport service
provider shall be prima facie evidence that the said travel or recruitment agency or other
passport service provider 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 provider on behalf of its client.

SEC, 23. 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 the date of effectivity of this Act without extension or delay.

SEC. 24. Repealing Clause. ~ Republic Act No. 8239 is hereby repealed. All other laws,
decrees, orders. rules and regulations. or parts thereof, inconsistent with the provisions of this
Act are hereby repealed. amended or modified accordingly.

SEC. 25. Separability Clause. — If any part or provision of this Act is declared
unconstitutional or invalid. the other provisions or parts not affected shall remain in full force
and effect.

SEC. 26. Effectivi
the Official G

This Act shall take effect fifteen (15) days after its publication in
cette or ina national newspaper of general circulation.

Shaan

Approved,

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