Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
FIFTEENTH CONGRESS

First Regular Session

HOUSE BILL NO. _ 2124

INTRODUCED BY REPRESENTATIVE PEDRO P. ROMUALDO

EXPLANATORY NOTE

The present Philippine Passport Act need to be revisited in the light of the
hesitation of the Department of Foreign Affairs to implement its power or
authority to administratively and quasi-judicially cancel or revoke the passport it
has issued even if it has blatantly violated certain laws such as Commonwealth
Act No. 142, as amended by Republic Act No. 6085 and Executive Order No. 306,
Series of 2004.

A Philippine passport is not just a travel document for Filipino nationals. It is
a Primary National ID duly recognized by government agencies, banking and
private institutions. It is on this basis that the issuing authority has the inherent
power to cancel or revoke the passport is has issued to its nationals if found to
have violated the Passport Act and other existing laws and regulations.

The aggrieved party can file a case in court questioning the decision of the
Department of Foreign Affairs if the cancellation or revocation was not done in
due course and on such other grounds that they deem proper.

We are just emphasizing and clarifying the extent of authority of the Department
of Foreign Affairs on the issue of passport issuance and its related authority in
exercising this act.

There have been many instances in the past that the Department of Foreign
Affairs would just sit on the matter and would wait for the decision or
recommendation of the Department of Justice on the matter of the cancellation
or revocation of passports. With the delays in performing their inherent
authority, some of the culprits have already gone into hiding or have already left
the country to avoid further legal sanctions.

We see this as a failure of the Department of Foreign Affairs to carry out its

solemn duty to issue, rescind, cancel or revoke the passports of its citizen on
justifiable grounds.

‘The immediate approval of this bill is hereby “e S)

Representative, Lone District, Camiguin


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

FIFTEENTH CONGRESS
First Regular Session

House BILL No.__2424

INTRODUCED BY REPRESENTATIVE PEDRO P. ROMUALDO

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

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

SECTION 1. Section 4 of Republic Act No. 8239 is hereby amended to read as
follows:

* “SEC. 4. Authority to Issue, Deny, Restrict, REVOKE or Cancel. - Upon the
application of any qualified Filipino citizen, the Secretary of Foreign Affairs or
any of his duly authorized consular officer may issue passports in accordance
with this Act.

Philippine consular officers ina foreign country shall be authorized by the
Secretary to issue, verify, restrict, REVOKE, cancel or refuse a passport in the
area of jurisdiction of the Post in accordance with the provisions of this Act.

In the interest of national security, public safety and public health, the
Secretary or any of the authorized consular officers may, after due hearing and
in their proper discretion, refuse to issue a passport, or restrict its use or
withdraw, REVOKE or cancel a passport: Provided, however, That such act shall
not mean a loss or doubt on the person's citizenship. Provided, further, That the
issuance of a passport may not be denied if the safety and interest of the
Filipino citizen is at stake: Provided, finally, that refusal, REVOCATION 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.

THE DEPARTMENT OF FOREIGN AFFAIRS HAS THE INHERENT
AUTHORITY TO MOTU PROPRIO CANCEL, REVOKE OR CANCEL A VALID
PASSPORT IF THE HOLDER OF THE PHILIPPINE PASSPORT OBTAINED SUCH
IN ANY OF THE FOLLOWING CIRCUMSTANCES:

1.)USE A FICTITIOUS NAME, FALSE NAMES OR ALIAS IN
VIOLATION OF EXISTING LAWS;


2.) FRAUDULENTLY PROVIDED IN THE APPLICATION ANY FALSE
OR INACCURATE INFORMATION ABOUT HIS OR HER
PERSONAL DETAILS;

3.) FRAUDULENTLY SUBMITTED FAKED DOCUMENTS TO
SUPPORT HIS OR HER APPLICATION.

SECTION 2. The Department of Foreign Affairs upon receipt of any complaint
shall summon the passport holder and provide him or her a reasonable time of
five (5) days to answer this complaint and submit such proof to defend himself
or herself.

A special board of inquiry under the Office of the Secretary shall be
created to handle and adjudicate these types of complaints. The special board
shall be composed of members from the Office of the Secretary, the Legal
Division, the Passport Division and such other offices which the Secretary may
deem it necessary but the membership shall not be more than seven (7). It shall
receive a special per diem per meeting chargeable against the current budget of
the Department and on succeeding years be included in the regular budget of the
Department.

It shall observe summary. proceedings in adjudicating this matter
administratively and quasi-judicially. The decision shall be posted both in a
conspicuous site inside the Department and its consular offices abroad and in all
their websites.

SECTION. 3. Those whose passports were revoked or cancelled in violation of
Section 1 hereof shall no longer be issued a passport by the Department of
Foreign Affairs except upon order of the courts, The newly-issued passport
shall carry an annotation of the court decision.

SECTION 4. If any provision of this Act is held invalid or unconstitutional, the
remainder of the Act or the provision not otherwise affected shall remain.valid
and subsisting.

SECTION 5. - Any law, presidential decree or issuance, executive order, letter
of instruction, administrative rule or regulation contrary to or inconsistent with

the provisions of this Act is hereby repealed, modified or amended accordingly.

SECTION 6. This Act shall take effect fifteen (15) days after its publication in at
least two (2) newpapers of general circulation,

Approved,