SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session 
) 
) 
) 
SEN A.,IE 
S. B. No. 
27,57 
Introduced by Senator Aquilino "Koko" Pimentel III 
AN ACT 
'15 
MAY -7 P 3 :46 
PROVIDING FOR THE CRIME OF "ILLEGAL WITHHOLDING OF 
PASSPORT" AND A MECHANISM FOR ITS PROSECUTION, AND 
FOR OTHER PURPOSES 
EXPLANATORY NOTE 
Under Republic Act No. 8239, otherwise known as the "Philippine 
Passport Act of 1996," a passport is a document issued by the Philippine 
government to its citizens, the issuance of which is equivalent to a request to 
other governments to allow Philippine citizens to pass safely and freely, and 
in case of need, to give them lawful aid and protection. More importantly, a 
passport is a proclamation of the citizenship of a Filipino, hence, it is a 
document superior to all other official documents such that the unauthorized 
withholding or retention of a passport brings untold hardships to its holder 
whose mobility and capacity to transact are greatly impaired. 
Many of our Overseas Filipino Workers (OFWs) suffer from this 
unfair act as their passports are withheld or retained either by their 
recruitment agencies here in the Philippines or by their employers overseas, 
for various reasons. The unauthorized withholding of passports of our OFWs 
is a form of coercion that needs to be criminalized in order to afford full 
protection to our OFWs, who we consider to be our modem-day heroes. 
In recognition of the unique situation faced by our OFWs, this bill 
provides for its extraterritorial application and a mechanism for any person 
who has personal knowledge of the commission of any offense under this 
Act to file the appropriate complaint. With these two mechanisms in place, 
our OFWs and their respective families would not be left without a remedy 
to enforce their rights under the law. 
For these reasons, the immediate passage of this bill IS earnestly 
requested. 
fA.. \V t' Y'-.~ ~ 
~ 
AQbiLiNo \'KOKO" PIMENTEL III 


SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session 
) 
) 
) 
SENATE 
S. B. No. 
2757 
'15 
11AY -7 P3:46 
Introduced by Senator Aquilino "Koko" Pimentel III 
AN ACT 
PROVIDING FOR THE CRIME OF "ILLEGAL WITHHOLDING OF 
PASSPORT" AND A MECHANISM FOR ITS PROSECUTION, AND 
FOR OTHER PURPOSES 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
1 
SECTION 1. Short Title. - This Act shall be known as the "Illegal 
2 
Withholding of Passport Act of2015." 
3 
4 
SECTION 2. Declaration of Policy. - It is hereby declared a policy 
5 
of the State to protect the rights and promote the welfare of every person, 
6 
especially the Overseas Filipino Worker (OFW). Towards this end, the State 
7 
shall endeavor to protect the OFW from all threats and coercion done 
8 
through the confiscation, retention, or withholding of the OFW's Philippine 
9 
passport, which is considered the property of the State. 
10 
11 
SECTION 3. 
Definition of Terms. -
As used III this Act, the 
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following terms shall mean: 
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14 
(a) 
"Overseas Filipino worker" or "OFW" refers to a person who is 
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engaged, or has been engaged in a remunerated activity in a state of which 
16 
he or she is not a citizen or on board a vessel navigating the foreign seas 
17 
other than a government ship used for military or non-commercial purposes 
18 
or on an installation located offshore or on the high seas; to be used 
19 
interchangeably with migrant worker; and 
20 
21 
(b) 
"Applicant worker" refers to a person who is in the process of 
22 
applying as an OFW. 
23 
24 
SECTION 4. Prohibited Act. - Any person who confiscates, retains, 
25 
or withholds, without any legal authority, any valid Philippine passport 
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issued to an OFW shall be guilty of the crime of "Illegal Withholding of 
27 
Passport"; Provided that, the act of withholding or denying passports or 
28 
travel documents from applicant workers before departure, for monetary or 
1 


1 
financial considerations, or for any other reasons, other than those 
2 
authorized under the Labor Code and its implementing rules and regulations, 
3 
shall continue to be considered as "illegal recruitment" and be penalized as 
4 
such crime under Section 6 (k) and Section 7, respectively, of Republic Act 
5 
No. 8042, otherwise known as the Migrant Workers and Overseas Filipinos 
6 
Act of 1995, as amended by Republic Act No. 10022. 
7 
8 
SECTION 5. Penalties and Sanctions. -
9 lOa. 
Any person found guilty of the crime of "Illegal Withholding 
11 
of Passport" under Section 4 of this Act shall suffer the penalty of 
12 
imprisonment of not less than six (6) years and one (1) day but not more 
13 
than twelve (12) years, and shall pay a fine of not less than One Million 
14 
Pesos 
(Pl,OOO,OOO.OO) 
but not more 
than Two 
Million Pesos 
15 
(P2,000,000.00); 
16 
17 
h. 
If the offender is a public official, in addition to the prescribed 
18 
penalties, he or she shall be dismissed from service and shall suffer 
19 
perpetual absolute disqualification to hold public office; 
20 
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c. 
If the offender is a corporation, partnership, association, or 
22 
any juridical person, then the penalty shall be imposed upon the president, 
23 
partner, manager, and/or any responsible officer of the organization who 
24 
directly participated in the commission of the violation of this Act or who 
25 
knowingly permitted its commission, or who, having knowledge of the 
26 
perpetration of the violation of this Act, allowed its perpetuation and 
27 
continuance; provided that, in every case, the criminal conviction of the 
28 
liable officer(s) shall cause and carry the automatic revocation of the 
29 
business license and/or special certificate of accreditation or certificate of 
30 
registration of the corporation, partnership, association, or juridical person; 
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and, provided further that, these entities and their officers who are 
32 
criminally held liable for the violation of this Act shall not be allowed to 
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operate similar establishments under different names; 
34 
35 
d. 
If the offender is an alien in Philippine territory, he or she 
36 
shall, in addition to the penalties prescribed above, be deported after 
37 
serving his or her sentence and be permanently barred from entering the 
38 
country. 
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SECTION 6. Prosecution of Cases. - Any person who has personal 
41 
knowledge of a violation of this Act may file a complaint for Illegal 
42 
Withholding of Passport. 
43 
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SECTION 7. Extra-Territorial Jurisdiction. - The provisions of this 
45 
Act shall be enforced not only within the Philippines but also outside of 
46 
Philippine territory, whether or not the act or acts constitute an offense at the 
47 
place of commission, except to the extent that this may be limited by treaty 
48 
obligations. 
49 
2 


1 
SECTION 8. Court of Proper Jurisdiction if Prohibited Act is 
2 
Committed Outside the Philippines. - If the prohibited act is committed 
3 
outside Philippine territory, the Regional Trial Court where the criminal 
4 
action is first filed shall take cognizance of the case to the exclusion of all 
5 
other courts; provided that, no prosecution may be commenced against a 
6 
person under this Act if a foreign government, in accordance with 
7 
jurisdiction recognized by the Philippines, has prosecuted or is prosecuting 
8 
such person for the same conduct constituting violation of this Act, except 
9 
upon the approval of the Secretary ofJustice. 
10 
11 
SECTION 9. Separability Clause. - Should any provision or part of 
12 
this Act be declared unconstitutional, the other provisions or parts not 
l3 
affected thereby shall remain valid and effective. 
14 
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SECTION 10. Repealing Clause. -
All laws, decrees, executive 
16 
orders and issuances, and rules or regulations, or portions thereof, which are 
17 
inconsistent with the provisions of this Act, are hereby repealed, amended, 
18 
or modified accordingly. 
19 
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SECTION 11. Effectivity. - This Act shall take effect fifteen (15) 
21 
days after its publication in the Official Gazette and two (2) newspapers of 
22 
general circulation. 
Approved, 
3