Republic of the Philippines
HOUSE OF REPRESENTATIVES
Metro Manila

NIN!

EENTH CONGRESS
First Regular Session

i
HOUSE BILL NO. 185

EXPLANATORY NOTE

a refiled bill of Hon, Xavier Jesus D. Romualdo of the Lone District of Camiguin. In the
18" Congress, this bill was forwarded to the Senate for its appropriate action.

A portion of the explanatory note of Cong. Xavier Jesus D. Romualdo is reproduced to from part
of the explanation as to its refiling:

“The Constitution provides 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 1988” 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 pasted since the enactment of Republic Act No, 8239,
or the Philippine Passport Act of 199. 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 able to respond to and meet the needs and demands of the present
times. This measure is a step in that direction.”

This bill seeks to harmonize the provisions of the existing Passport Law with current domestic
laws and international agreements affecting the application and issuance of passports

It mandates the issuance of passports using tamper proof and latest data management technology.
It simplifies the passport documentation requirements of the Department of Foreign Affairs —
Office of Consular Affairs in conformity with existing laws and standards set by the Intemational
Civil Aviation Organization (ICAO).

It directs the DFA to implement a system wherein senior citizens may renew their passports
without personal appearance through the use of moder technology. Mandates the issuance of
diplomatic passports to the Secretary of the Senate and the Secretary General of the House of
Representatives.

It requires the DFA to create three (3) different databases: 1.) a database containing all current and
previous passport and travel document records of Filipinos and recognized alien residents; 2.) a
watch list database containing names of persons whose passport applications have been denied or
revoked: and 3.) a database containing the names and information of persons who committed
passport related offenses.


It authorizes the issuance of other travel documents based on specific circumstances such as:
1.) Emergency Travel Document to Filipino citizens who have been previously
issued regular passports but for certain reasons cannot apply for or be issued regular
passports;

2.) Travel Document Certificate for Filipinos to be repatriated, alien, or spouse
ofa Filipino and their dependents, who are yet to be naturalized and aliens permanently
residing in the Philippines; and

3.) Convention Travel) Document for stateless persons, refugees, and or
asylums in the Philippines,

It declares as passport related offenses the acts of illegally withholding a passport and forging of
visas and entry documents, and provides penalties therefor. It further provides stiffer penalties for
offenses relating to the issuance, forgery, and improper use of passports and travel documents,
multiple possession of passports. Furthermore, it imposes the maximum penalties when offenses
are committed by a syndicate or in a large scale; and deletes the provision on the accreditation of
travel or recruitment agencies since DFA does not authorize such agencies anymore to apply for
passports on behalf of the applicants.

With the laudable intent of this bill, the earnest support of thy Members of Congress is highly
enjoined

JU ‘SUS M. ROMUALDO


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

HOUSE BILL NO. 195

INTRODUCED BY REPRESENTATIVE JURDIN JESUS M. ROMUALDO

AN ACT
PROVIDING FOR A NEW PASSPORT LAW, REPEALING FOR THE
PURPOSE REPUBLIC ACT 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 assembled:

1 SECTION 1. Short Title. — This Act shall be known as the “New Philippine
2 Passport Act”

3 SEC. 2. Statement of Policy. — The people’s constitutional right to travel is
4 inviolable. Accordingly, the government has the duty to issue passports or any travel
5 document to any citizen of the Philippines or individual who complies with the
6 requirements of this Act, using, as much as practicable, the latest tamper-proof,
7 personalization, and data management technology. The right to travel may be
8 impaired only when national security, public safety, or public health so requires. To
9 enhance and protect the unimpaired exercise of this right, only minimum
10 requirements for the application and issuance of passports and other travel
11 documents shall be prescribed. The government shall ensure expeditious action on

12 such applications and the issuance of passports and travel documents.


10

1

12

13

14

15

16

17

18

19

20

2a

22

23

24

25

26

27

28

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

(a) Ambassadors tefer to those who have been appointed as Chiefs
of Mission and are currently serving as Ambassadors
Extraordinary and Plenipotentiary;

(b) Biographic data refers to an individual’s full name, birthdate,
birth place, and sex as recorded in the certificate of live birth or
report of birth;

(c) Biometric data refers to front facing photograph, fingerprint, iris
scan and/or such other identifiable features of an individual;

(d) Convention on International Civil Aviation or Chicago
Convention refers to the Convention which sets out certain
principles and arrangements for the development of international
civil aviation and establishment of international air transport
services signed in Chicago in 1944 and which entered into force

in 1968;

(e) Consular Offices (CO) refer to field offices of the Department of
Foreign Affairs (DFA) Office of Consular Affairs located in the

Philippines where passport and consular services are provided;

(f) Consular Official refers to a DFA official assigned to the Office
of Consular Affairs, DFA Consular Offices in the Philippines
and Foreign Service Posts, who is responsible for providing

passport and other consular services.

(g) Fugitives from justice refer to those who flee after conviction to
avoid punishment and those who, after being charged, flee to

avoid prosecution;

(h)Foreign Service Posts (FSPs) refer to embassies, missions,
consulates general, and other foreign service establishments

maintained by the DFA;


10

at

12

13

14

15

16

7

18

19

20

21

22

23

24

25

26

27

(i) ICAO refers to the International Civil Aviation Organization, a
specialized agency of the UN, established by UN Member States
in 1944 to manage the administration and governance of the
Convention on International Civil Aviation or the Chicago

Convention;

(j) ICAO Document 9303 refers to the latest edition of the
compendium of ICAO technical requirements, standards and
recommended practices for the production of machine readable
travel documents;

(k) Issuing authority refers to the DFA Office of Consular Affairs,
DFA Consular Offices in the Philippines, or the Philippine
Foreign Service Posts overseas which issue passports and

provide other consular services;

(I) 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;

(m)Machine Readable Travel Document refers to an official
document, conforming with the specifications contained in
ICAO Document 9303, issued by a State or organization, which
is used by the holder for international travel and which contains
mandatory visual data and a separate mandatory data summary

in a format which is capable of being read by a machine;

(n)Passport refers to the ICAO-compliant machine readable travel
document issued by the Philippine Government which contains
a request to other governments to permit its bearer to pass safely

and freely, and to provide all lawful aid and protection, if needed;


1

12

13

14

15

16

7

18

19

20

21

22

23

24

(0) Recognized alien residents referto aliens who are permanent
residents of the Philippines, or who are Stateless persons or
refugees, as recognized by the Philippine Government;

(p) Syndicate refers to a group of three (3) or more persons
conspiring with one another; and

(q) Travel Document refers to a form of identification, compliant
with current ICAO standards, that the Philippine government
issues to its citizens or recognized residents so they can cross
international borders in lieu of a regular passport;

SEC. 4. Authority to Issue, Deny, or Revoke. — Upon the application of
any qualified Filipino citizen, the Secretary of Foreign Affairs, herein after referred
to as Secretary, or any duly authorized consular officer may issue passports in
accordance with this Act.

Philippine consular officials in a foreign country shall be authorized by the
Secretary to issue, verify, deny, or revoke a passport in the area of jurisdiction of the
Foreign Service 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 officials may, after due hearing and in
their proper discretion, deny issuance of a passport or revoke a passport: Provided,
however, That such act shall not mean a loss of or a 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 |are at stake: Provided, finally, That denial or
revocation of a passport shall not prevent the issuance of an Emergency Travel

Document.


10

oe

12

14

15

16

wv

18

19

20

2a

22

23

24

25

SEC.5. Requirements for the Issuance of a Passport. — The Secretary,
or a duly authorized consular official, shall issue a passport to an applicant who is a
Filipino citizen and who has complied with the following requirements:

(a) A duly accomplished application form;

(b) Proof of citizenship as prescribed by relevant laws regarding the
acquisition of Philippine citizenship which include, but are not limited to:

(J) Birth Certificate or Report of Birth, whichever is applicable,

for natural born citizens authenticated by the Philippine
Statistics Authority (PSA);

(2) Naturalization Certificate for Naturalized citizens;

(3) Filipino Identification Certificate by Election for those who

were born before January 17, 1973, of Filipino mothers, and who
elected Philippine citizenship upon reaching the age of majority;
or

(4) Documents issued upon Reacquisition or Retention of
Philippine citizenship under Republic Act No. 9225 otherwise
known as “Citizenship Retention and Reacquisition Act of

2003”;

(c) Valid and sufficient proof of identity;

(d) PSA authenticated Marriage Certificate or Report of Marriage,
whichever is applicable, for a married woman who wishes to use her
husband's surname;

(c) Duly annotated PSA authenticated Marriage Certificate or Report of
Marriage, whichever is applicable, of a woman who wishes to revert to the

use of her maiden name by virtue of an annulment, declaration of nullity


10

1

12

21

22

23

of marriage, legal separation, or a judicially-recognized divorce; or Death
Certificate or Report of Death of the husband.

(f) 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 (SPA) duly executed by a person
exercising parental authority must be presented for this purpose;

(g) Written consent of the Department of Social Welfare and Development
(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 applicants who are sixty-five (65) years old and above, who are
renewing their passports, the DFA shall implement a system wherein the
applicants may submit their application without the need to physically
appear in the Office of Consular Affairs or any Consular Office, through

the use of available technology, as far as practicable;


10

a

12

13

15

16

7

18

19

20

2a

22

23

24

25

(i) In case of discrepancy, the applicant's name or other details in the birth
certificate or report of birth 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 Local Civil Registry Office
(LCRO);

(j) A travel authority, issued by the head of the department, agency or office or
a duly authorized representative, if the applicant is a government official
or employee seeking to apply for a diplomatic or official passport; The
DFA is mandated to ensure the integrity of the passport at all times. As
such, the Secretary or duly authorized consular official may require the
applicant to provide additional documents until the latter adequately
establishes citizenship and identity.

SEC. 6. Application. — A person applying for a passport for the first time

shall be required to appear in person for biometric and biographic data capturing.

A person exercising parental authority shall assist an applicant who is a minor.

An applicant who is unable to read or write, persons with disability or a senior
citizen may be assisted by a relative within the fourth civil degree of consanguinity
or affinity, or by the travelling companion of the applicant. The DFA may require
other or additional documents as may be specified in the rules and regulations

promulgated for the implementation of this Act.

Personal appearance as well as other additional documents shall be required by
the DFA as specified in the rules and regulations promulgated for the implementation
of this Act: Provided, That, senior citizens may renew their _ passports without need

of personal appearance.


1

2

10

1

12

13

14

15

16

7

18

19

20

21

22

23

24

SEC.7. Types of Passports. — The Secretary or the authorized 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:

qd)

(2)

(3)

(4)

(5)

(6)

7)

(8)
(9)

The President and former Presidents of the Philippines;

The Vice President and former Vice Presidents of the
Philippines;

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;

The Chief Justice and Associate Justices of the Supreme Court
and the Presiding Justice of the Court of Appeals, and the
Sandiganbayan;

The Secretary, Undersecretaries and Assistant Secretaries of the
DFA;

The Members of Congress, the Secretary of the Senate and the
Secretary General of the House of Representatives;

The 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;

The Secretaries of all the departments of the Executive branch;

The Governor of the Bangko Sentral ng Pilipinas;


10

1

12

13

14

15

16

17

18

19

20

21

22

23

24

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

(11) 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, Assistant Secretaries of the Cabinet other
than the DFA, the Associate Justices of the Court of Appeals and
the Sandiganbayan other members of the Judiciary, and all other
government officials and employees travelling on official
business and 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


10

a

12

13

14

15

16

17

18

19

20

21

22

23

24

25

(4) Spouse and minor children of 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.

(c) _ 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) a 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.

(d) Emergency Passports, which shall be valid for one (1) year from date of
issuance, are issued to Filipino citizens who have been previously issued
regular passports but for one reason or another, cannot apply for or cannot
be issued a regular passport.

SEC.8. Grounds for Denial of Issuance of Passport or Revocation of
Passport. — A passport application may be denied, or revoked, on the following
grounds:

(a) On orders of the court, to hold the departure of an applicant because

of a pending criminal case;


10

oe

12

20

24

22

23

24

(b) On orders of the court, when the holder has been convicted of a
criminal offense: Provided, That a passport may be issued after service
of sentence;

(c) On orders of the court, when the holder is a fugitive from justice;

(d) When a passport was acquired fraudulently, tampered with, or issued
erroncously;

(e) When a passport is returned to the DFA by other government agencies
or entities: Provided, That revocation of the passport will not prevent
the holder from being issued a new passport;

(f) On written notarized request by the person exercising parental authority
over a minor applicant or passport holder, Provided, That, if the
requesting party is not a Filipino, the consent of the Filipino parent is
required;

(g) When the applicant has been found to have violated any of the

provisions of this Act;

(h) Such other disqualification under existing laws.

SEC. 9. Passport Databases the DFA shall create the following databases:

(a) Passport database which shall contain all current and, if available,
previous passport and travel document records of Philippine citizens,
including recognized alien residents.

(b) Watchlist database which shall contain the names of persons whose
passport applications have been denied or whose passports were revoked
under Sec. 4, as well as those persons found to have committed, or

attempted to commit, offenses under Sec. 19 of this Act shall be


10

1

13

4

15

16

17

18

19

20

21

22

23

24

25

included into a watchlist database. No passport shall be issued to the
persons found in the database until they are able to meet the
documentary or legal requirements for the removal of their names from
the database.

The Secretary or any of the duly-authorized consular officials may
recommend the inclusion of persons in the database other than
those previously cited for other reasons that may provide a basis for the
DFA to deny issuance of a passport to these persons.

Nothing in the above provisions shall prevent the issuance of other
types of travel documents to persons included in the watchlist, at the
discretion of the Secretary or duly-authorized consular officials.

(c) Stolen, lost, and revoked database which shall contain the information
on passports and travel documents of persons who declared that their
passports or travel documents have been lost or stolen.

The passport or travel document that has been revoked by the
DFA under Sec. 4 of this Act shall also be included in this database.

SEC. 10. Appeal. — Any person whose passport application was denied or
revoked shall have the right to appeal to the Secretary, whose decision may be
reviewed by the appropriate court,

SEC. 11. Validity. — As provided for under Republic Act No. 10928
extending the validity of Philippine passports, regular passports issued under this
Act shall be valid for a period) of ten (10) years: Provided, however, That for
individuals under eighteen (18) ‘years of age, only a 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


10

i

12

13

14

15

16

7

18

19

20

2a

22

23

24

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 being returned to the holder after cancellation.

SEC. 12. | Ownership of Passports. — A Philippine passport remains at all
times the property of the government, the 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 government or its duly authorized representative.

SEC. 13. Names and Titles. — Passports shall contain the full name of the
applicant, but shall not include any title, profession or job description.

SEC. 14. Other Travel Documents. — The following travel documents may

be issued in lieu of a passport, under the circumstances listed hereunder:

(a) Emergency Travel Document, which shall be valid for one (1) year from
date of issuance, for:

(1) A Filipino citizen with urgent travel requirements who, for one
reason or another, has lost one’s passport or whose passport has
expired or is expiring and cannot be issued a regular passport;

(2) A Filipino citizen with emergency travel requirements, who has not
been issued a regular passport and who, for one reason or another,
cannot be issued a regular passport;

(b) Travel Document Certificate, which shall be valid for thirty (30) days from
date of issuance, for:

(1) A Filipino citizen being repatriated to the Philippines;

(2) The alien spouse of a Filipino and their dependents who have not

yet been naturalized as a Filipino and who are travelling to the


10

1

12

13

14

15

16

7

18

19

20

21

22

23

24

25

Philippines or is a permanent resident of the Philippines returning
from traveling abroad; and

(3) Aliens permanently residing in the Philippines who are not able to
obtain a passport or other travel documents from their countries of
origin.

(c) Convention Travel Document, which shall be valid for five (5) years from
date of issuance, shall be issued for a Stateless person who is likewise a
permanent resident or a refugee granted such status or asylum in the
Philippines.

SEC. 15. Loss or Destruction of a Passport — The loss or destruction of a

passport shall be immediately reported to the DFA or a Foreign Service Post. The
holder of such passport shall submit an affidavit stating in detail the circumstances
of such loss or destruction. As used in this Act, a lost passport is one the whereabouts
of which are unknown to the applicant despite diligent search, or if known, may not
be retrieved, recovered and produced by the applicant for reasons beyond the
applicant’s control.

Should the DFA find that, the applicant made false claims or deliberately
withheld information about the loss of the passport or passports, the applicant shall
be held liable under Section 19(b) of this Act.

SEC. 16. Fees. — Reasonable fees, as may be determined by the Secretary,

shall be collected for the processing and issuance of a passport or a travel document.
Senior citizens and persons with disability shall be entitled to at least fifty

percent (50%) discount on the processing, issuance, or replacement of a passport.
SEC. 17. Passport Revolving Fund. — The DFA may charge a service fee

of not more than fifty percent (50%) of the current fees, as determined in Section 16


10

nu

12

13

14

15

16

7

18

19

20

21

22

23

24

25

26

of this Act for services rendered to applicants relating to the processing or 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 utilized
by the DFA primarily for the improvement of its passporting and consular services

and other DFA services except 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 semi-annually.

SEC. 18. Waiver. — The Secretary is solely authorized to waive any
requirement set forth in Section 5 of this Act, as well as the fees for the processing
and issuance of passports and travel documents prescribed under Section 16 of this
Act.

SEC. 19. 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 Issuances; Penalties. 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 shall be imposed to any
person who:

(1)Acts or claims to act in any capacity or office under the

Republic of the Philippines without lawful authority, accepts


13

14

15

16

17

18

19

20

21

22

23

24

25

passport applications, grants, is:

ues 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; or

(2)Acts or claims 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; or

(3)Being neither a diplomatic or consular official, nor an employee
authorized to grant, issue, or verify any passport or travel document
to or for any person, and even though not claiming to be such, offers,
for any material gain or consideration, to escort a passport applicant,
or assist the same in booking an appointment, filling out an
application form, making payments, handling application
documents, or any other action relating to passport application.

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, perpetual disqualified from holding public
office shall be imposed to any person who:

(1) Being a diplomatic or consular official authorized to grant, issue, or

verify passports, knowingly and willfully grants, issues, or verifies


10

1

12

13

14

20

2a

22

23

24

25

26

(b)

c)

any such passport to any or for any person not owing allegiance to
the Republic of the Philippines, whether citizen or not; or

(2)Being a diplomatic or consular officer, knowingly and willfully
grants, issues, 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.

Offenses Relating to False Statements; Penalties.— 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 shall be

imposed to 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; or

(2) Makes any false statement in an Affidavit declaring a passport as
lost while knowing its actual whereabouts or not exerting diligent
effort to retrieve, recover and produce the same; or

(3) Uses or attempts to use any passport which was secured in any way
by reason of any false statement.

Offenses Relating to Forgery; Penalties. Any person who:

(1) Falsely makes, forges, counterfeits, mutilates or alters any passport
or travel document 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 (PhpP75,000.00)


10

12

13

14

15

16

7

18

19

20

21

22

23

24

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; or

(2) Willfully 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 (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.

Provided that, forgeries of five or more passports or travel documents, would
be considered as massive forgery tantamount to national sabotage and shall be
punished by a fine of not less than Two hundred and fifty thousand pesos
(P250,000.00) nor more than One million pesos (1,000,000.00) and imprisonment
of not less than seven (7) years nor more than seventeen (17) years.

(d) Offenses Relating ‘to Improper Use of Passports and Travel
Documents; Penalties.— 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 shall be imposed upon any person who

willfully and knowingly:


10

1

12

13

14

15

16

7

18

19

20

2a

22

23

24

25

26

(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 to 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 Foreign Service 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; or

(5) Sells, trades, pawns, mortgages or uses an issued passport or
travel document as collateral to secure debt, or in any manner
uses such passport or travel document as currency or object
of commerce; Provided, that in such situation, the buyer,
trader, creditor, or mortgagee shall also be liable to the same

extent as the passport/travel document holder;

Offenses Relating ta Multiple Possession of Passports; Penalties.—

No person or individual may hold more than one (1) valid passport,


10

coe

12

13

14

15

16

7

18

19

20

21

22

23

24

25

26

27

except as provided for in Section 7 hereof, and any individual who
possesses more than one (1) unexpired passport shall, for every
unexpired passport found in the individual’s 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 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.

Offenses Relating to Forgery of Visas and Entry Documents;
Penalties.— 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 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, 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


10

cu

12

13

14

15

16

7

20

2a

22

23

24

26

27

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 falsity; or

(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 non-
immigrant visa, permit, or other document required for
entry into the Philippines or elsewhere, or is in 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
(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.

(h) Offenses Relating to IMlegal Withholding of Passport; Penalties. — Any
person who confiscates, retains, or withholds, without any legal authority,

any valid passport issued by the DFA shall be guilty of the crime of illegal


10

1

12

13

14

15

16

a7

20

a

22

23

24

25

26

27

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.

Any person found guilty of crime of “Illegal Withholding of Passport”
shall suffer the penalty of imprisonment of not less than six (6) years and
one (1) day but not morg than twelve (12) years, and shall pay a fine of not
less than One million pesos (P 1,000,000.00) but not more than Two million
pesos (P 2,000,000.00).

If the offender is a public official, in addition to the prescribed penalties,
the offender shall be dismissed from service and shall suffer perpetual
absolute disqualification to hold public office.

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 and 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 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. If


10

1

7

18

19

20

21

22

23

the offender is an alien in the Philippine territory, in addition to the
penalties prescribed aboye, the alien shall be deported after serving sentence
and be permanently barred from entering the country.

(i) The penalties provided for under this Section shall be imposed in their

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

(j) In case any of the offenses prohibited in this Act constitutes a violation of

the Revised Penal Code and the penalty imposed therein is higher than that
provided in this Act, the penalty prescribed in this Act shall be imposed;

SEC. 20. Implementing Rules and Regulations. — The Secretary shall
issue the rules and regulations to effectively implement the provisions of and carry
out the policy set forth in this Act within sixty (60) days from the effectivity of this
Act.

SEC.21.  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. 22. 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 or modified
accordingly.

SEC. 23.  Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a national newspaper of general
circulation.

Approved,