NINETEENTH CONGRESS 
) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
) 
HOUSE OF REPRESENTATIVES 
Introduced by Representative Rufus B. Rodriguez 
House Bill No.  _____ 
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. 
In view of the foregoing, immediate passage of this bill is earnestly requested. 
 RUFUS B. RODRIGUEZ 
November 11, 2022
4:53 pm
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NINETEENTH CONGRESS 
) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
) 
HOUSE OF REPRESENTATIVES 
Introduced by Representative Rufus B. Rodriguez 
House Bill No.  _____ 
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 House of Representatives of the Philippines in Congress 
assembled: 
Section 1. Short Title. - This Act shall be known as the "Illegal Withholding of Passport 
Act." 
Section 2. Declaration of Policy. - It is hereby declared a policy of the State to protect the 
rights and promote the welfare of every person, especially the Overseas Filipino Worker 
(OFW). Towards this end, the State shall endeavor to protect the OFW from all threats and 
coercion done through the confiscation, retention, or withholding of the OFW's Philippine 
passport, which is considered the property of the State. 
Section 3. Definition of Terms. - As used in this Act, the following terms shall mean: 
(a) "Overseas Filipino worker" or "OFW" refers to a person who is engaged, or has been
engaged in a remunerated activity in a state of which he or she is not a citizen or on board a
vessel navigating the foreign seas other than a government ship used for military or non-
commercial purposes or on an installation located offshore or on the high seas; to be used
interchangeably with migrant worker; and
(b) "Applicant worker" refers to a person who is in the process of applying as an OFW.
Section 4. Prohibited Act. - Any person who confiscates, retains, or withholds, without any 
legal authority, any valid Philippine passport issued to an OFW shall be guilty of the crime of 
"Illegal Withholding of Passport"; Provided that, the act of withholding or denying passports or 
travel documents from applicant workers before departure, for monetary or financial 
considerations, or for any other reasons, other than those authorized under the Labor Code 
and its implementing rules and regulations, shall continue to be considered as "illegal 
recruitment" and be penalized as such crime under Section 6 (k) and Section 7, respectively, 
of Republic Act No. 8042, otherwise known as the Migrant Workers and Overseas Filipinos 
Act of 1995, as amended by Republic Act No. 10022. 
Section 5. Penalties and Sanctions. - 
a. Any person found guilty of the crime of "Illegal Withholding of Passport" under Section 4 of
this Act shall suffer the penalty of imprisonment of not less than six (6) years and one (1) day
but not more than twelve (12) years, and shall pay a fine of not less than One Million Pesos
(P1,000,000.00) but not more than Two Million Pesos (P2,000,000.00);
b. If the offender is a public official, in addition to the prescribed penalties, he or she shall be
dismissed from service and shall suffer perpetual absolute disqualification to hold public office;
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c. If the offender is a corporation, partnership, association, or any juridical person, then the 
penalty shall be imposed upon the president, partner, manager, and/or any responsible officer 
of the organization who directly participated in the commission of the violation of this Act or 
who knowingly permitted its commission, or who, having knowledge of the perpetration of the 
violation of this Act, allowed its perpetuation and continuance; provided that, in every case, 
the criminal conviction of the liable officer(s) shall cause and carry the automatic revocation of 
the business license and/or special certificate of accreditation or certificate of registration of 
the corporation, partnership, association, or juridical person; and, provided further that, these 
entities and their officers who are criminally held liable for the violation of this Act shall not be 
allowed to operate similar establishments under different names; 
 
d. If the offender is an alien in Philippine territory, he or she shall, in addition to the penalties 
prescribed above, be deported after serving his or her sentence and be permanently barred 
from entering the country. 
 
Section 6. Prosecution of Cases. - Any person who has personal knowledge of a violation of 
this Act may file a complaint for Illegal Withholding of Passport. 
 
Section 7. Extra-Territorial Jurisdiction. - The provisions of this Act shall be enforced not only 
within the Philippines but also outside of Philippine territory, whether or not the act or acts 
constitute an offense at the place of commission, except to the extent that this may be limited 
by treaty obligations. 
 
Section 8. Court of Proper Jurisdiction if Prohibited Act is Committed Outside the Philippines. 
- If the prohibited act is committed outside Philippine territory, the Regional Trial Court where 
the criminal action is first filed shall take cognizance of the case to the exclusion of all other 
courts; provided that, no prosecution may be commenced against a person under this Act if a 
foreign government, in accordance with jurisdiction recognized by the Philippines, has 
prosecuted or is prosecuting such person for the same conduct constituting violation of this 
Act, except upon the approval of the Secretary of Justice. 
 
Section 9. Separability Clause. Should any provision of this Act or part hereof be declared 
unconstitutional, the other provisions or parts not affected thereby shall remain valid and 
effective.  
 
Section 10. Repealing Clause. All laws, decrees, orders, and issuances, or portions thereof: 
which are inconsistent with the provisions of this Act, are hereby repealed, amended or 
modified accordingly.  
 
Section 11. Effectivity Clause. This Act shall take effect after fifteen (15) days from its 
publication in two (2) newspapers of general circulation.  
 
Approved,