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

First Regular Session

HOUSE BILL-NO.0340

INTRODUCED BY REPRESENTATIVE XAVIER JESUS D. ROMUALDO

EXPLANATORY NOTE

The Constitution provides that the right to travel shall not be impaired except in the
interest of national security, public safety, or public health, as may be provided by law.
To enhance and protect the right to travel, this measure provides that only minimal
requirements shall be prescribed for the issuance of passports and travel documents.
Hence, this measure aims to simplify the documentation requirements and the
application process of passports. This measure likewise takes into later statutes, such
as the Domestic Adoption Act of 1998 and the Citizenship and Reacquisition Act of
2003, and other developments that have a bearing on the issuance of passports to and
the possession thereof by certain citizens.

More than twenty years have passed since the enactment of Republic Act No. 8239, or
the Philippine Passport Act of 1996. In order for government to be able to better serve
the people, we must constantly revisit, review, and update our statutes so that our laws
are be able to respond to and meet the needs and demands of the present times. This
measure is a step in that direction

Hence, with a view to streamlining and improving government systems, procedures, and
processes, the kind and favorable support of the Members of Congress for the prompt
and timely passage of this measure is earnestly sought.

ale

XAVIER JESUS D. ROMUALDO


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL, no0340

INTRODUCED BY REPRESENTATIVE XAVIER JESUS D. ROMUALDO

——e———————————————E—————

AN ACT
PROVIDING FOR THE ISSUANCE OF PASSPORTS AND TRAVEL DOCUMENTS, AS
WELL AS FOR THE REVOCATION THEREOF, DEFINING AND PENALIZI
OFFENSES RELATING TO PASSPORTS AND TRAVEL DOCUMENTS, REPEALING
REPUBLIC ACT NO, 8239, OTHERWISE KNOWN AS THE PHILIPPINE PASSPORT
ACT OF 1996, AND FOR OTHER PURPOSES

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

SECTION 1. Short Title. — This Act shall be known and may be cited as the Philippine Passport

Act of 2019.

SEC. 2. Declaration of Policy. — The right of the people to travel shall be upheld and may
only be impaired in the interest of national security, public safety, or public health. To enhance
and protect the exercise of the right to travel, only minimum requirements for applications for
and the issuance of passports and other travel documents shall be prescribed. The government
shall ensure that action on such applications and the issuance of passports and travel documents
shall be done expeditiously. Moreover, the government has the duty to issue to qualified Filipino

citizens passports that are tamper-proof and which use the latest data management technology

SEC. 3. Definitions. — As used in this Act, the following terms are hereby defined as

follows:

(a) DFA — refers to the Department of Foreign Affairs.

(b) Large scale — refers to the commission of any of the offenses under this Act against

three (3) or more persons individually or as a group,


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(c) Passport ~ refers to the document issued by the Philippine Government to a Filipino
citizen requesting governments of other countries to allow such Filipino citizen to

pass safely and freely and to provide all lawful aid and protection, if needed.

(d) Post — refers to a Philippine diplomatic or consular post, such as an Embassy or

Consulate.

(e) Refugee — refers to a person who, owing to a well-founded fear of being persecuted
for reasons of race, religion, nationality, membership of a particular social group, or
political opinion, is outside the country of his or her nationality, and is unable or,
owing to such fear, is unwilling to avail of the protection of that country; or who, not
having a nationality and being outside the country of his or her former habitual

residence, is unable or, owing to such fear, is unwilling to return to it.

(f) Secretary — refers to the Secretary of Foreign Affairs.

(g) Stateless Person ~ refers to a person who is not considered a national or citizen by any

country under its laws

(h) Supporting documents — refer to papers or documents required to be submitted
together with an application for the issuance of a passport or Travel Document to
support a claim to Filipino citizenship or entitlement thereto, without which such

application shall be deemed incomplete or otherwise be subject to denial.

(i) Syndicate — refers to a group of three (3) or more persons conspiring with one

another.

(j) Terrorist act — refers to any act intended to cause death or serious bodily injury to a

civilian or civilians, when the purpose of such act, by its nature or context, is to


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intimidate a population or to compel a government or an international organization to

do or to abstain from doing any act.

(k) Travel Document ~ refers to a form of identification that governments give to citizens

or visitors so they cross international borders.

SEC. 4. Authority to Issue, Deny, Restrict or Cancel Passports or Passport Applications. —
Upon the application of any qualified Filipino citizen, the Secretary or any of his authorized

consular officers may issue passports in accordance with this Act.

Consulars officers of the Department shall be authorized by the Secretary to issue, verify,
restrict, cancel or refuse a passport in their Post or area of jurisdiction 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 or deny
the issuance of a passport, or restrict its use or withdraw or cancel a passport: Provided, however,
‘That such act shall not mean a loss or doubt on the person’s citizenship: Provided, further, That
the issuance of a passport may not be denied if the safety and interest of the Filipino citizen is at
stake: Provided, finally, That refusal or cancellation of a passport would not prevent the issuance

ofa Travel Document to allow for a safe return journey by a Filipino to the Philippines.

‘The denial of a passport application or the revocation of a passport shall not result in the loss of

Philippine citizenship.

SEC. 5. Cooperation with National Government Agencies and Local Government Units.
— The DFA shall issue guidelines, rules, and regulations on mechanisms for cooperation with
national government agencies and local government units on passport services through the

Passport on Wheels.


SEC. 6, Requirements for the Issuance of a Passport. — The Secretary, his or her authorized
representatives or authorized consular officers, shall issue a passport to an applicant who is a

Filipino citizen and who has complied with the following requirements:

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(a) A duly accomplished application form with photographs of such number, size, and style

as may be prescribed by the DFA.

(b)The applicant’s birth certificate in security paper issued by the Philippine Statistics
Authority (PSA) or a certified true copy (CTC) of the same issued by the Local Civil
Registrar (LCR) duly authenticated by the PSA; Provided, that if the birth of the
applicant has not yet been registered, or if such birth certificate is destroyed, damaged,
‘or unavailable due to other causes, the applicant shall apply for delayed registration of
birth with the LCR of the city or municipality where he or she was born. Upon
compliance with the requirements for a delayed registration of birth, the LCR shall issue
to the applicant a certification of pending application for delayed registration of birth,
attaching thereto a copy of the accomplished birth certificate that is the subject of
delayed registration. Such certification and accomplished birth certificate shall be
sufficient to support an application for the issuance of passport, in addition to other
documents or papers which the DFA may require, such as a certification of no prior

registration or a certification of previous birth registration from the PSA.

(c) In the absence of a birth certificate or a foundling certificate, a baptismal certificate, or a
similar or equivalent certificate, attesting to the applicant's having been admitted to such
religion or religious denomination, group, or sect at an early age and indicating 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 as to credibly attest to the
applicant’s date and place of birth, citizenship, and parents; Provided, that a Filipino

t and whose

who does not belong to any religion or religious denomination, group, or
parents for any reason failed to have the said applicant baptized or initiated shall be

exempted from the certificate requirement; Provided, further, that in lieu thereof, the


1 applicant shall execute an affidavit to that effect, corroborated by an affidavit of at least

2 two (2) persons of good reputation who personally know such fact.
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4 (@)For a married woman who wishes to use the surname of her husband, a copy of her
5 marriage contract from the LCR duly authenticated by the PSA; Provided, that a married
6 woman who was widowed or divorced in accordance with Article 26 of Executive Order
7 No. 209, otherwise known as the Family Code of the Philippines, as amended, or under
8 Presidential Decree No. 1083, otherwise known as the Code of Muslim Personal Laws of
9 the Philippines, or whose marriage was annulled or declared null and void by a court,
10 and who wishes to revert to the use of her maiden name must present the death
EEE certificate her husband issued by the PSA or report of death of her husband or a CTC of
12 the same issued by the LCR, duly authenticated by the PSA, or a CTC of the divorce
13 decree, decree of annulment, or declaration absolute of duly registered at the PSA or
4 with the LOR.
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16 (c) For a naturalized citizen, a CTC of his or her naturalization certificate, or a CTC of the
7 naturalization certificate of his or her spouse or parent duly registered by the LCR and
18 authenticated by the PSA, if citizenship is claimed through naturalization of his or her
19 spouse or the parent.
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21 ( For a minor applicant, the application may be filed by either parent: Provided, That if a
22 person other than the minor’s parents files the application, a Special Power of Attorney
23 (SPA) duly executed by either parent must be presented for this purpose: Provided,
24 ‘further, That, in the case of an abandoned, neglected, dependent or surrendered child, a
25 certification declaring the child as legally available for adoption by the Department of
26 Social Welfare and Development (DSWD) and an affidavit of consent executed by the
27 legal guardian or the DSWD must be presented.
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29 ‘An affidavit of consent from a parent is required for a minor traveling with a person other

30 than the parent and a clearance from the DSWD is likewise required,


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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:
(J.)Authenticated birth certificated from the PSA or a foundling certificate from
DSWD;
(2.)Placement Authority issued by the Inter-Country Adoption Board (ICAB);
and

(3.)Certification issued by the DSWD.

If the applicant is an adopted person, these documents must be submitted:
(1) Certified copy of the court decree of adoption;
(2.) Original birth certificate; and

(3.) Amended birth certificate reflecting the name that the adopted person will use.

(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;

(j) 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;


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(j) If the applicant is a government employee, the travel authority issued by the head of a
department, agency or office may be required only if the applicant is applying for an
official passport; and

(k) Philippine ID consistent with Republic Act No. 11055.

‘The Department is mandated to ensure the integrity of the passport at all times. As such,
the Secretary or his duly authorized representative may require the applicant to provide

additional documents until the latter adequately establishes citizenship and identity.

SEC. 7. Authority to Waive Passport Application Requirements. ~ The Secretary of Foreign

Affairs is solely authorized to waive any requirements set forth under this Act.

SEC. 8, 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 a photograph
and data capturing. The parent or legal guardian may assist an applicant who is a minor. An
applicant who is illiterate, physically disabled, or is 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 as the applicant. The DFA shall provide for a special procedure to facilitate the

passport application of persons who are illiterate or physically disabled and senior citizens.

‘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 travel agency, recruitment agency, or
passport-related service provider duly accredited by the DFA, the agent concerned shall be
responsible for the authenticity of the supporting documents and papers secured and presented by

such agent to meet the requirements for the application of passports.

SEC. 9. Types of Passports, - The Secretary, his or her authorized representatives or

authorized consular officers, may issue the following types of passports:


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(a) Diplomatic Passports — issued to persons with diplomatic status or who are on a

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 Presidents of the Senate and Speakers of the House of Representatives;

(4) Senators and Members of the House of Representatives;

(5)The Secretary of the Senate and the Secretary-General of the House of

Representatives;

(6) The Chief Justice and Associate Justices of the Supreme Court and the Presiding

Justices of the Court of Appeals and the Sandiganbayan;

(7) The Secretary, Undersecretaries, and Assistant Secretaries of the DFA;

(8) Secretaries of the departments of the Executive Branch;

(9)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 designated attachés from the DFA and

agencies of the government;

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


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(11) Official delegates to international or regional conferences accorded full

powers by the President; and

(12) Spouses and 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 — 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) Undersecretaries, Assistant Secretaries of the other departments of the Executive
Branch, Associate Justices of the Court of Appeals and the Sandiganbayan and
‘other members of the Judiciary, Deputy Secretaries of the Senate and Deputy
Secretaries-General of the House of Representatives, 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 houschold members of officials assigned to
diplomatic or consular posts not exceeding two (2); Provided, that any increase in
the number of domestic service and household members of such officials shall be

approved by the Secretary; and


| (4)Spouses and minor children of, including unmarried adult children who are

e dependent on, staff officers and employees of the DFA assigned to diplomatic or
a consular posts and offices and representatives of other government agencies
4 assigned abroad, when accompanying or following to join them.

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6 (c) Regular Passports — issued to Filipino citizens not eligible or entitled to diplomatic or
7 official passports, including government officials or employees travelling abroad for
8 personal reasons. Government officials and employees and members of their families
9 may, during their incumbency, hold two (2) passports simultaneously: (1) a regular
10 passport for private travel and (2) a diplomatic or official passport when travelling
1 abroad on diplomatic or official business. The spouse and minor children of persons
12 entitled to diplomatic or official passports shall be issued regular passports if they are not
13 accompanying or following to join them abroad.

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15 (a) Temporary Passports — issued to Filipino citizens with an urgent and proven need for
16 a passport and waiting to get a regular, special or diplomatic passport. The issuing office
17 decides how long the passport is valid. It can only be valid for a maximum of one (1)
18 year.
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20 (ec) Emergency Travel Documents — issued to Filipino citizens with limited validity

21 period and in urgent cases where they cannot get a temporary passport to allow the applicant to
22 return to the Philippines or travel to the nearest full-service Philippine government office abroad.
23

24 SEC. 10. Grounds for Denial of Issuance of Passport. — An application for the issuance of
25 apassport may be denied on any of the following grounds:

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27 (a) Failure of the applicant to comply with the requirements of this Act.

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(b) The issuance by a court of warrant of arrest against the applicant or an order to
prohibit the applicant’s departure from the Philippines in connection with a pending

criminal action.

(c) The applicant has been convicted of a crime by final judgment; Provided, that, upon
release on account of service of sentence or grant of pardon, one who has been

previously convicted may apply for a passport

(d) There are reasonable grounds to believe that the applicant intends to travel abroad to
commit, plan, prepare, or participate in a terrorist act or to be trained to commit, plan,

prepare, or participate in a terrorist act.

(©) Upon the request of the parent or guardian exercising parental authority over the
minor applying for the issuance of a passport; Provided, that a court order to withhold
the issuance of a passport or to prevent 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.

SEC. 11, Grounds for Revocation of a Passport. — An existing passport may be revoked on

any of the following grounds:

(a) The passport was obtained in violation of the provisions of this Act.

(b) The issuance by a court of an order to revoke the passport in connection with a

pending criminal action.

(c) The passport holder has been convicted of a crime by final judgment; Provided, that,
upon release on account of service of sentence or grant of pardon, one who has been

previously convicted may apply for a passport.


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(d) There are reasonable grounds to believe that the passport holder intends to travel
abroad or is travelling abroad to commit, plan, prepare, or participate in a terrorist act

or to be trained to commit, plan, prepare, or participate in a terrorist act.

(e) Upon the request of the parent or guardian exercising parental authority over the
minor passport holder; Provided, that a court order to revoke the passport or to
prevent 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.

() Such other grounds as may be provided by other laws.

SEC. 12. DFA Passport Review Committee. - The DFA, shall motu proprio or upon receipt
of any verified complaint that may entail the denial of a passport application or the revocation of
a passport, shall summon the applicant or passport holder, inform him or her of the possible
denial or revocation or of the complaint, and furnish him or her the derogatory information
against him or her or a copy of complaint, as the case may be. The applicant or passport holder
shall be given fifteen (15) days from receipt of the derogatory information or the complaint to
submit a reply with such evidence to dispute the derogatory information or complaint. Failure of
the applicant or passport holder to appear, for no justifiable reason, after being properly
summoned or to submit a reply within the period given shall constitute a waiver of his or her

right to be heard and dispute the derogatory information or complaint against him or her.

The DFA Passport Review Committee (DPRC), under the Office of the Secretary, is hereby
created for the purpose of carrying out this Section. It will be assisted by the Office of Consular
‘Affairs — Passport Integrity and Fraud Management Section (PIFMS) as its secretariat. The
DPRC shall likewise review the status of passports of Filipinos overseas who are investigated for

alleged offenses against fellow Filipinos.


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The Secretary shall issue the rules and regulations on the establishment, composition, functions,

procedures, and other operational matters of the DPRC in accordance with this Act.

SEC. 13. Appeal. — The denial of a passport application or the revocation of a passport

may be appealed to the Secretary, whose decision may be reviewed by the appropriate court,

SEC. 14, Validity. — Regular passports issued under this Act shall be valid for a period
ten (10) years; Provided, that for individuals under eighteen (18) years of age, only @ passport
with five (5) year validity shall be issued: Provided, further, 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: Provided finally, That a new
passport may be issued to replace one which validity has expired, the old passport will be

returned to the holder after cancellation.

SEC. 15. Ownership of Passports. — A passport remains at all times the property of the
Philippine Government, the passport holder being a mere possessor thereof for the duration of
the passport’s validity and the same may not be surrendered to any entity or person other than the
Philippine Government or its duly authorized representative; Provided, that a passport 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.

SEC. 16. Names and Titles. — Passports shall contain the full name and middle name of

the applicant, but shall not include any title, profession, or job description.

SEC. 17. Markings and Stamps. ~ Passports shall not contain any marking, annotation, or
stamp pertaining to travel restrictions except those by official border authorities. Limitation of
travel shall be administered through travel advisories or other means which do not necessitate

marking, annotating, or stamping passports.


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SEC. 18, Travel Documents, — A Travel Document, in lieu of a passport, may be issued

to the following:

(a) A Filipino citizen returning to the Philippines who for one reason or another has lost the

passport issued to him or her or cannot be issued a regular passport.

(b) A Filipino citizen who has lost passport issued to him or her while in transit to another

country.

(c) A Filipino citizen being repatriated to the Philippines.

(d) The alien spouse of a Filipino citizen and their children who are not Filipino citizens and

who are travelling to the Philippines or are permanent residents of the Philippines.

(e) A stateless person or refugee who is granted such status in the Philippines.

SEC. 19. Loss or Destruction of a Passport. — The loss or destruction of a passport shall
immediately be reported to the DFA or a Post. The holder of such passport shall submit an
affidavit stating in detail the circumstances of such loss or destruction. Misdeclaration related to

Joss of passport shall be subject to penalties by the Department.

The DFA shall then furnish the National Bureau of Investigation (NBI) and the Bureau of
Immigration (BI) copies of such affidavit. For loss or destruction of a passport reported at a Post,
the Post shall forward copies of the affidavit to the Office of Consular Affairs of the DFA, which
shall, in coordination with the Office of Legal Affairs of the DFA, transmit copies of the
affidavit to the NBI and the BI. 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 lost passport. All Posts shall be informed of lost

passports, including pertinent information on such passports and the circumstances of their loss.


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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 as herein required; Provided, however, that in the case of a passport reported lost by a
Filipino citizen travelling abroad, the Post may waive the 15-day requirement if the loss has been
proven to the satisfaction of the consular officer; Provided, further, that in case the Filipino
citizen who reported the loss is returning to the Philippines, the holder may be issued a Travel
Document, In all cases, the head of the Office of Consular Affairs of the DFA or the head of the

Consular Section or the Consul-General of a Post may waive the 15-day period.

SEC. 20. Fees. — Reasonable fees, as may be determined by the Secretary, shall be
charged and collected for the processing, issuance, replacement, or amendment of a passport or

Travel Document.

‘At least 40% of the income from the passport services shall be retained by the
Department to be used to improve its passport service equipment and facilities including the

regional offices and satellite passport offices.

SEC. 21. Passport Revolving Fund. — The DFA may charge a service fee of not more
than Five Hundred Pesos (P500.00) for service rendered to applicants relating to the processing
and issuance of passports requiring special considerations, waivers, or work 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 utilized by the DFA for the
improvement of its passport processing, consular, and other services, except for travel and

transportation allowances and expenses.

The use and disbursement of the Passport Revolving Fund shall 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 annually.


SEC. 22. 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 the integrity of a passport is a grave crime against the

security of the State and shall be penalized accordingly:

(a) Offenses Relating to the Issuance of Passports or Travel Documents. — Any person who:

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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 (P15,000.00) but not more than Sixty
‘Thousand Pesos (P60,000.00) and imprisonment of not less than six (6) years and

one (1) day but not more than twelve (12) years.

2. Being a diplomatic or consular officer 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 (P15,000.00) but not more than Sixty Thousand Pesos
(P60,000.00) 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.

3, Being a diplomatic or consular officer, knowingly and willfully grants and issues

to or certifies to the authenticity of any passport or Travel Document for any
person not entitled thereto, or 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 (P15,000.00) but not more than Sixty


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‘Thousand Pesos (P60,000.00) 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.

. 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 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 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 in Passports. — Any person who willfully and

knowingly:

1. Makes any false statement in a passport application 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 (P15,000.00) but not more than Sixty Thousand Pesos
(P60,000.00) and imprisonment of not less than six (6) years and one (1) day but

not more than twelve (12) years.

| Uses or attempts to use a passport 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 (P60,000.00) and
imprisonment of not less than six (6) years and one (1) day but not more than

twelve (12) years.


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In addition to the abovementioned penalties, travel and recruitment agencies and passport-related
service providers, agents, liaison officers, or representatives convicted of Offenses Relating to
False Statements in Passports shall have their licenses revoked with all deposits, escrow
accounts, or guarantee funds deposited or made as requirement of their business forfeited in
favor of the government. The owner, proprietor, or officer of the travel or recruitment agency
convicted for false statements shall be barred from engaging in the travel or recruitment agency

business.

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

1. Falsely makes, forges, counterfeits, mutilates, or alters any passport or Travel Document
or DFA stamp, or any supporting document for a passport application, or forged
immigration stamps, with the intent of using the same, shall be punished by a fine of not
less than Seventy-Five Thousand Pesos (P75,000.00) but not more than One Hundred
Fifty Thousand Pesos (P150,000.00) 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.

2. Willfully and 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 became void by the occurrence of any condition herein
prescribed shall be punished by a fine of not less than Sixty Thousand Pesos (60,000.00)
but not more than One Hundred Fifty Thousand pesos (P150,000.00) and imprisonment

of not less than six (6) years but not more than fifteen (15) years.

‘The directors and officers of corporations, entities, or agencies licensed and engaged in the travel
and recruitment business 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

a massive forgery tantamount to a sabotage against the security of the State and shall be punished


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by a fine of not less than Two Hundred Fifty Thousand Pesos (P250,000.00) but not more than
One Million Pesos (P1,000,000.00) and imprisonment of not less than seven (7) years but not

more than seventeen (17) years.

(d.) Offenses Relating to Improper Use of Passports and Travel Documents. — 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 six (6) years but not
more than fifieen (15) years shall be imposed upon any person who willfully and

knowingly:

1. Uses or attempts to use any passport or Travel Document issued or designed for the
use of another or any supporting document for a passport or Travel Document

application that belongs to another.

2. Uses or attempts to use any passport, Travel Document, or supporting document in
violation of the conditions or restrictions therein contained, or of the rules prescribed

pursuant thereto.

3. Fumishes, disposes, or delivers a passport or Travel Document 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 is physically or mentally incapacitated and
the passport or Travel Document is released to his or her parent, guardian, or
immediate relative; Provided, that in case of an emergency and for humanitarian
considerations, at the discretion of the head of the Office of Consular Affairs of the
DFA 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.

4. Defaces or destroys a passport or Travel Document.


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(c.) Offenses Relating to Possession of Multiple Passports. - No person or individual may
hold more than one (1) valid passport, except as provided for under this Act, and any
person who possesses more than one (1) unexpired passport shall, for every unexpired
passport found in his or her 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 (1) day but not more than twelve (12)
years; Provided, that the maximum fine and imprisonment shall be imposed for any
attempt to use or the actual use of an unexpired passport which is not in the name of the

user.

(£) Offenses Relating to Forgery of Visas and Entry Documents. — 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 — non-
immigrant visa, permit, border-crossing card, alien registration card, or falsified
border/immigration stamps, 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.

2. Knowingly uses, attempts to use, possesses, obtains, accepts, or receives any such 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, 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 of

its forgery, counterfeiting, alteration, or falseness.


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3. Knowingly possesses any blank permit or engraves, sells, brings into the Philippines, or
has the control or possession of 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 non-immigrant visa, permit, or other document required for entry into the
Philippines or elsewhere, or has the possession of the 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 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 (P60,000.00) but not more than One Hundred Fifty Thousand Pesos (P150,000.00)
and imprisonment of not less than six (6) years but not more than fifteen (15) years for

each visa, permit, border-crossing card, alien registration card, or entry document.

(g.) The penalties provided for under this Section shall be imposed in their maximum when

the offenses are committed by a syndicate or in a large scale.

SEC. 23, DFA Accreditation. — Travel or recruitment agencies 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 secure an

accreditation from the DFA.

Any travel or recruitment agency and other passport-related service provider that violate any
provision of this Act shall have its accreditation suspended or revoked in accordance with the
schedule of administrative penalties to be promulgated by the Secretary. Any such suspension or
revocation of accreditation shall be without prejudice to civil or criminal sanctions against the

agency or service provider and its responsible directors, officers, employees, and agents.


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‘The submission of spurious, forged, or falsified documents supporting a passport or Travel
Document application by an accredited travel or recruitment agency or other passport-related
service provider shall be prima facie evidence that the said agency or service provider is the
author of such forgery or falsification; Provided, that the spurious, forged, or falsified document

submitted was secured by the agency or service provider on behalf of its client.

SEC. 24. Implementing Rules and Regulations. ~ The Secretary shall issue the rules and
regulations to effectively implement the provisions of and carry put the policy set forth in this

‘Act within sixty (60) days from the effectivity of this Act.

SEC. 25. Repealing Clause. ~ Republic Act No. 8239, otherwise known as the Philippine
Passport Act of 1996, is hereby repealed. All other laws, decrees, orders, rules and regulations,
and other issuances or parts thereof that are inconsistent with the provisions of this Act are

hereby repealed, amended, or modified accordingly.

SEC. 26. Separability Clause. — If any provision of this Act is declared invalid or

unconstitutional, the other provisions not affected thereby shall remain in full force and effect.

SEC. 27. Effectivity. — This Act shall take effect fifteen (15) days after its publication in

the Official Gazette or in a newspaper of general circulation.

Approved,