IRR of REPUBLIC ACT NO. 11983 2024 IMPLEMENTING RULES AND REGULATIONS OF THE NEW PHILIPPINE PASSPORT ACT (REPUBLIC ACT NO. 11983) January 24, 2024
[ IRR of REPUBLIC ACT NO. 11983, January 24, 2024 ]
2024 IMPLEMENTING RULES AND REGULATIONS OF THE NEW PHILIPPINE PASSPORT ACT (REPUBLIC ACT NO. 11983)
RULE I
GENERAL PROVISIONS
Section 1. Short Title
These Implementing Rules and Regulations, hereafter referred to as the "Rules", are promulgated pursuant to Section 24 of Republic Act No. (R.A. 11983), otherwise known as the "New Philippine Passport Act".
Section 2. Purpose.
The Rules are hereby promulgated to prescribe the procedures and guidelines for the implementation of R.A. 11983 in order to enhance the integrity and efficiency of the Philippine Passport and other Travel Documents (TDs) systems.
Section 3. Declaration of Policy.
Article III, Section 6 of 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. It is the policy of the State to protect the people's constitutional right to travel while ensuring the issuance of a passport or any travel document in line with international instruments and using secure personalization and data management technologies to enhance and protect the unimpaired exercise of the right to travel. The State shall only prescribe minimum requirements and shall ensure expeditious actions on the application and issuance of passports ad other travel documents.
Section 4. Scope.
The provisions of these Rules shall regulate and govern the application, processing, issuance, and usage of the Philippine Passport and other Travel Documents (TDs), including their underlying systems and databases.
Section 5. Definition of Terms
As used in these Rules, the following terms or words and phrases shall be understood to mean:
a.Actto the"New Philippine Passport Act",and herein used interchangeably with R.A. No. 11983;
b.Alienrefers to foreign nationals;
c.Automated Biometric Information System or ABISrefers to a technological framework designed to acquire, store, process, and evaluate biometric data for identification and verification process which may include, but is not limited to, biometric sensors, database, matching algorithms, integration with application, and analytics;
d.Basic Requirementsrefer to the essential requirements as prescribed under Section 5 of R.A. No. 11983 and Sections 10, 11, 12, and 13, Rule III of these Rules;
e.Biographic datarefers to an individual's full name, birthdate, birthplace, and sex as recorded in the Certificate of Live Birth, Report of Birth, Certificate of Marriage, Report of Marriage, Certificate of Naturalization, Identification Certificate, or Certificate of Foundling;
f.Biometric datarefers to the unique identifiable physical attributes of an individual collected and utilized to authenticate or confirm a person's identity which may include, but are not limited to, facial features, fingerprints, and other biometric characteristics;
g.Biometric identificationrefers to the use of biometric data to determine the identity of an individual;
h.Biometric verificationrefers to the use of biometric data to confirm an individual' identity;
i.Certificate of Death or Municipal Form No. 103refers to an official document setting forth particulars relating to a deceased person, including the name of the individual, the date of birth and the date of death;
j.Certificate of Foundling or Certificate of Live Birth of a Person with no known parents (OCRG Form 101)refers to an official birth certificate issued to a deserted or abandoned infant or child committed to DSWD and National Authority for Child Care (NACC) or a duly licensed institution with unknown facts of birth and parentage;
k.Certificate of Live Birth (COLB) or Municipal Form No. 102refers to the prescribed form used for the declaration of facts and circumstances surrounding the birth of a person for purposes of registration;
l.Certificate of Marriage or Municipal Form No. 97refers to an official documents containing the important details of marriage, signed by the couple. This document includes the complete name of husband and wife, and date and place of marriage;
m.Competent Proofs of Identityrefer to valid and existing government-issued identification documents bearing the photograph, full name, date of birth, and place of birth of the individual and are limited to those enumerated in Section 9.2.4, Rule III of these Rules;
n.Consumer Offices (COs)refer to the frontline, field offices, or any offsite office of the Department of Foreign Affairs (DFA) Office of Consular Affairs located in the Philippines where passporting and other consular services are provided;
o.Consular Officialrefers to a DFA official or person assigned to the Office of the Consular Affairs, DFA Consular Offices in the Philippines, and Foreign Service Posts, and other Philippine Government Offices, who is responsible for providing travel documents and other consular services;
p.Consular Servicesrefer to services relating to the exercise of consular functions enumerated under Article 5 of the Vienna Convention on Consular Relations (VCCR);
q.Country Signing Certificate Authority (CSCA)refers to the authority within a country responsible for issuing digital certificates for that country's ePassport-issuing entities. It acts as the root certificate authority for a nation's ePassport-system;
r.Convention on International Civil Aviation or Chicago Conventionrefers to the Convention and its Annexes which set out principles and arrangements for the development of international civil aviation, establishment of international air transport services, and standards for Machine Readable Travel Documents (MRTDs);
.Data recordrefers to the combination of the biographic and biometric data collected from an individual and stored in a database for the purpose of passport and other machine-readable travel document issuance;
t.Damaged travel documentrefers to the changed state in the physical appearance or condition of a travel document and its components caused by regular wear and tear, negligence, defacement, mutilation, or other circumstances;
u.Data pagerefers to the page of the Travel Document containing the Visual Inspection Zone (VIZ) and for MRTDs, the Machine Readable Zone (MRZ);
v.Demographic datarefers to the statistical information of an individual or a group used to analyze composition and distribution required for infrastructure development, which may include but not limited to, age, sex, citizenship, civil status, and location;
w.Departmentrefers to the Department of Foreign Affairs, herein used interchangeably with DFA;
x.Enrolmentrefers to the process by which an individual's biographic and biometric data are captured and recorded for the purpose of establishing a data record for passport and other machine-readable travel document issuance;
y.Emergency Travel Documentrefers to the document, either Emergency Passport or Emergency Travel Certificate, issued by the Philippine Government to travelers in emergency situations where it is not possible to issue a regular passport;
z.ePassportrefers to a passport with an embedded electronic chip containing biometric information of the individual to whom the travel document is issued;
aa.Foundlingrefers to a deserted or abandoned child or infant with unknown facts of birth and parentage, including a person who has been duly registered as a foundling during their infancy or childhood but has reached the age of majority without benefiting from adoption procedures, as provided in Republic Act No. 11767, or the"Foundling Recognition and Protection Act";
bb.Foreign Service Posts (FSPs)refer to the Philippine embassies, missions, consulates general maintained by the DFA, and other foreign service establishments, and other Philippine government agencies maintaining offices abroad, excluding consulates headed by honorary consular officials;
cc.Fraudulent documentrefers to public and private documents submitted by an applicant during the travel document application process or during the Department's investigation which include, but not limited to:
(i) Documents that have been duly issued by the proper government agency or other issuing authority, but have been altered or tampered with, as determined on the face thereof or as confirmed by a competent authority;
(ii) Documents that have been duly issued by the proper government agency or other issuing authority, but do not reflect actual and genuine information, as confirmed by a competent authority;
(iii) Spurious or counterfeit document, as determined on the face thereof or as confirmed by a competent authority;
(iv) Documents that have at least one (1) counterfeit signature;
(v) Documents that have been disavowed by the person who purportedly notarized, executed, or authenticated them; and
(vi) Any other document obtained or made in violation of Articles 171, 172, or 347 of the Revised Penal Code, civil registration laws, and other pertinent rules and regulations.
dd.Fugitives from Justicerefer to individuals who flee under the following circumstances: (i) after conviction by a Philippine court to avoid punishment; or (ii) after being charged in a Philippine court to avoid prosecution;
e.Heads of Foreign Service Postsrefer to individuals who have been appointed as Ambassadors Extraordinary and Plenipotentiary assigned at Philippine Embassies abroad, Permanent Representatives assigned at Philippine Permanent Missions to International Organizations, and Consuls General assigned at Philippine Consulates General;
ff.ICAO Document 9303refers to the series of ICAO-issued documents providing recommendations for MRTDs;
gg.International Civil Aviation Organization (ICAO)refers to the specialized agency of the United Nations (UN) that manages the administration and governance of the Convention on International Civil Aviation or the Chicago Convention to which the Philippines became a party in 1947;
hh.Issuing Authorityrefers to the DFA Office of Consular Affairs, DFA Consular Offices in the Philippines, or the Philippine Foreign Service Posts overseas which issue travel documents and provide other consular services;
ii.Legal Guardiansrefer to persons exercising parental authority, either by operation of law or by order of the court, over minors or persons above eighteen (18) years of age who are unable to fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition;
jj.Lost Travel Documentrefers to a passport or any travel document which is no longer in the possession of the lawful holder despite diligent search and efforts to locate the same: (i) its location and/or existence remains unknown, or (ii) even if known, it can no longer be retrieved, or (iii) it cannot be recovered;
kk.Machine Readable Convention Travel Document (MRCTD)is a type of travel document specifically designed for refugees and stateless persons. This document is created in accordance with international standards set by the International Civil Aviation Organization (ICAO) and is recognized globally;
ll.Machine Readable Travel Document (MRTD)refers to an official document, conforming with specifications contained in ICAO Document 9303, issued by the Philippine government, through the DFA, to the holder;
mm.Migrant Workers Abroadrefers to a Filipino abroad who is engaged in a remunerated activity in a country of which he or she is not an immigrant, citizen or permanent resident, or is not awaiting naturalization, recognition, or admission, whether land based or sea based regardless of status; excluding a Filipino engaged under a government-recognized exchange visitor program for cultural and educational purposes;
nn.Minorrefers to a person below eighteen (18) years of age or one who is over eighteen (18) but is unable to fully take care of, or protect themselves from abuse, neglect, cruelty, exploitation, or discrimination because of a physical or mental disability or condition;
oo.Non-Appearance Passport Renewalrefers to the applications for passport renewals applied without the requirement of personal appearance at DFA Office of Consular Affairs, DFA Consular Offices, Foreign Service Posts, or Offsite and Mobile passport sites under certain conditions provided under these Rules;
pp.Passportrefers to the ICAO-compliant MRTD issued by the Philippine government which contains a request to other government to permit its bearer to pass safely and freely, and to provide all lawful aid and protection, if needed;
qq.Passporting Servicesrefers to the processing, encoding, transmission, personalization, and releasing of passports, including online services, and all other related functions and capacities, herein governed and regulated by R.A. 11983 and these Rules;
rr.Refugeesrefers 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 their nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of their former habitual residence, is unable or, owing to such fear, is unwilling to return to it, and is officially given refugee status by the Philippine government;
ss.Report of Birth refers to the report that documents the facts and circumstances surrounding the birth of a person both abroad to Filipino parent/s for purposes of registration;
tt.Report of Marriagerefers to the report that documents the details of a marriage between a Filipino citizen and another individual that took place outside the Philippines;
uu.Report of Deathrefers to the report that documents the details of the death of a Filipino citizen abroad;
vv.Spoiled Travel Documentrefers to travel documents with errors due to encoding, photo printing quality, and damage due to mishandling or inadvertent cancellation prior to issuance;
ww.Stateless Personrefers to a person who is not considered as a national by any State under the operation of its law;
xx.Supporting Documentsrefer to any document, instrument, information, or record which may be required to be submitted in addition to the basic requirements of travel document application to prove and substantiate claims of Filipino citizenship, identity, personal circumstances, and/or lack of travel restrictions, herein used interchangeably with supporting documentary evidence;
yy.Travel Clearancerefers to a document issued by the Department of Social Welfare and Development for a minor who is below 18 years old, who is traveling abroad alone or accompanied by someone other than their biological parents, or by any of the persons having parental authority and legal custody over the child;
zz.Travel Documentrefers to an official document issued by the Philippine Government and is used by the holder for international travel, which includes the Philippine passport;
aaa.Travel Document Applicantrefers to an individual availing of travel document services at the DFA Office of Consular Affairs, DFA Consular Offices, Foreign Service Posts or Offsite and Mobile passport sites, or those availing of non-appearance passport renewal services;
bbb.Travel Document Holderrefers to an individual in the lawful possession of a duly-issued Philippine Travel Document;
ccc.Travel Document Irregularityrefers to acts or circumstances not in conformity with the regular passport application and issuance process as provided under R.A. 11983 and these Rules;
ddd.Travel Document Personalizationrefers to the process by which the biometric data, biographic data, and the signature are applied to the passport;
eee.Watchlist Databaseis a repository of records of travel document holders and applicants whose acts or omissions have compromised the integrity of their travel document in violation of R.A. 11983, these Rules, and other analogous cases; and
fff.Verificationrefers to the electronic process of confirming a specific individual's identity by comparing the specific data record to the collection of data records stored in a database.
RULE II
AUTHORITY TO ISSUE, DENY, CANCEL OR RESTRICT A TRAVEL DOCUMENT
Section 6. Authority of the Secretary to Issue Travel Documents.
The Secretary for Foreign Affairs, hereinafter referred to as "DFA Secretary" or any duly authorized consular official may issue, cancel, or restrict, or deny the issuance of a travel document in the Philippines or in the area of jurisdiction of the FSPs in accordance with the provisions of the Act and these Rules.
Section 7. Denial or Cancellation of a Travel Document.
The DFA Secretary or a duly authorized consular official, as provided under Rule XIII of these Rules, shall deny the issuance or cause the cancellation or restriction of a travel document or its use on the grounds that the issuance or continued use would be detrimental to national security, public safety, or public health, or in violation of any provisions of the Act, as may be provided by other pertinent laws, rules, and regulations:Provided,That the denial of issuance, cancellation, or restriction of a travel document shall not mean a loss of or a doubt on the person's citizenship:Provided, further,That the issuance of an emergency travel document may not be denied if the safety and interests of the Filipino citizen are at stake.
The DFA shall not be estopped and may at any time review, revisit, and act upon the issuance or denial of issuance, cancellation, or restriction of a travel document.
Section 8. Denial, Cancellation, or Restriction of a Passport.
The denial of issuance, cancellation, or restriction of a passport or other travel document shall be made after the conduct of verification or investigation by the DFA's duly authorized representative/s.
When the applicant or holder files an appeal under Section 10 of the Act and Rule XIV of these Rules, they will be given the opportunity to submit supporting documentary evidence for their appeal.
RULE III
REGULAR PASSPORTS
Section 9. Places and Modes of Application.
Filipinos may apply for regular passports through the following:
(1) DFA Office of Consular Affairs (OCA);
(2) DFA Consular Offices within the Philippines;
(3) Offsite and Mobile Passporting services within the Philippines and abroad;
(4) The consular sections of Philippine Foreign Service Posts (FSPs); and
(5) Application Portal, Electronic One-Stop Shop, and other modalities, once available.
9.1. Eligibility of Government Officials to Hold Regular and Official/Diplomatic Passports.Government officials and employees may, including immediate members of their families, during their incumbency in office or as allowed by law, hold the following two (2) passports simultaneously:
(1) A regular passport; and
(2) A diplomatic or official passport.
FIRST TIME REGULAR PASSPORT APPLICATIONS
Section 10. Basic Requirements for Regular Passport Issuance for Adults.
10.1. Personal appearance.All first-time adult applicants of regular passports are required to personally appear at sites identified under Section 9, for the enrollment of biographic and biometric data.
10.2. Other Requirements.The applicant shall be required to present the following basic documents for issuance of regular passports:
(1) A duly accomplished application form;
(2) Proof of Payment;
(3) Documentary proof of Philippine citizenship;
(i) PSA-issued Certificate of Live Birth;
(ii) PSA-issued Report of Birth;
(iii) PSA-issued Certificate of Foundling;
(iv) Certificate of Naturalization, Identification Certificate issued by the Bureau of Immigration (BI), Court Order granting naturalization, Decree of Naturalization or copy of the law granting legislative naturalization;
(v) Identification Certificate or duly registered, signed and sworn statement under oath for those who elected Philippine Citizenship; or
(vi) Identification Certificate or Certificate of Retention/Re-acquisition of Philippine citizenship issued by BI or FSPs for those who reacquired or retained Philippine Citizenship under R.A. 9225 or Citizenship Retention and Re-acquisition Act of 2003.
(4) Valid Identification cards;
a.PhilIDorePhilIDpursuant to Republic Act No. 11055 or the "Philippine Identification System Act"; or
b. Other valid government identification cards that show competent proof of identity, a list of which shall be determined by the Department of Foreign Affairs (DFA) and Philippine FSPs.
All IDs presented should be authentic, valid, readable, untampered, bear a photo that clearly identifies the owner, and contain consistent information with the documents enumerated in Section 10.2.(3), presented during application. Original and photocopy of IDs and supporting documents are required to be presented upon application.
(5) PSA-issued Certificate of Marriage or Report of Marriage (for women adopting surnames of their husbands):
The requirement that the Report of Marriage should be PSA-issued may only be waived if the following conditions are met:
a. The Report of Marriage has been registered in an FSP;
b. The passport application is being made in the same FSP; and
c. The passport application is made within one year of registering the Report of Marriage.
10.3. Circumstance Warranting the Submission of Documents Enumerated in Section 10.2.(3).The following are the conditions that shall apply to documents enumerated in Section 10.2.(3):
(1) Sections 10.2.(3)(i) and (ii) -For natural born Filipino citizens, a PSA_issued Certificate of Live Birth or PSA_issued Report of Birth, whichever is applicable is required.
The requirement that the Report of Birth should be PSA-issued may only be waived if the following conditions are met:
a. The Report of Birth has been registered in an FSP;
b. The passport application is being made in the same FSP; and
c. The passport application is made within one year of registering the Report of Birth.
(2) Section 10.2.(3)(iii) -For persons with no known parent, a Certificate of Foundling or a Certificate of Live Birth, issued by the PSA in accordance with Republic Act No. 11642 or the"Domestic Administrative Adoption and Alternative Child Care Act",shall be required.
(3) Section 10.2.(3)(iv) -For naturalized Filipino citizens, the following are the additional requirements:
a. For persons who have undergone Administrative Naturalization under Republic Act No. 9139:
i. Certificate of Naturalization;
ii. Certificate of Renunciation of foreign citizenship issued by the concerned Foreign Embassy or Foreign Ministry; and
iii. Identification Certificate issued by BI.
b. For persons who have undergone Judicial Naturalization under Commonwealth Act No. 473:
i. Certificate of Naturalization;
ii. Court Order, Certificate of Finality of Decision granting naturalization, Decree of Naturalization; and
iii. Identification Certificate issued by BI.
c. For persons who have undergone Legislative Naturalization under Commonwealth Act No. 63:
i. Certificate of Naturalization;
ii. Certified true copy of the law granting citizenship;
iii. Foreign Birth Certificate authenticated by the Philippine Foreign Service Post; and
iv. Identification Certificate issued by BI.
d. For persons who availed of the Facilitated Naturalization of Refugees and Stateless Persons under Supreme Court Rule 21-07-2022-SC:
i. Decree of Naturalization
(5) Section 10.2.3(v) - For those who obtained Philippine citizenship by election.For those who obtained Philippine citizenship by election, i.e., those born before 17 January 1973 to Filipino mothers and married to non-Filipino spouses and elected Philippine citizenship within three (3) years upon reaching the age of twenty-one (21), the PSA-issued Certificate of Live Birth of or PSA-issued Report shall be accompanied by documents proving election of Philippine citizenship.
(6) Section 10.2.3(vi) - For those covered by the provisions of R.A. 9225
a. Those who retained or re-acquired their Philippine citizenship under Republic Act No. 9225, otherwise known as"Citizenship Retention and Reacquisition Act of 2003",shall submit any of the following documents issued by a Philippine FSP or by the Bureau of Immigration (BI):
i. Oath of Approval;
ii. Oath of Allegiance; or
iii. Identification Certificate or Certificate of Retention/Re-Acquisition of Philippine Citizenship.
b. The derivative beneficiaries of Filipino parents who retained or re-acquired Philippine citizenship, shall submit the following documents:
i. Order of Approval of parent or child (as applicable); and/or
ii. Identification Certificate issued by a Philippine FSP or Certificate of Retention/Re-acquisition of Philippine Citizenship issued by the BI.
10.4 Multiple Birth Registrations.Upon the consular official's discovery that a passport applicant has multiple birth registrations, the passport applicant shall:
a. Submit a Certification or any other equivalent document/s issued by the PSA stating that the multiple registrations do not exist in their records;
b. Submit a Certification or any other equivalent document/s that the multiple birth registrations have been locked in the PSA system or have been subjected to BRENlinking under PSA regulations; or
c. In the absence of any of the above, the applicant shall cancel the multiple registrations before a competent Philippine court.
Provided,That if the birth record south to be retained has incorrect details, a PSA-authenticated Certificate of Live Birth, Report of Birth, or Certificate of Foundling with an annotation correcting the erroneous details shall also be submitted by the passport applicant.
Provided, further,That if the discovery of the multiple registration is done during renewal of the passport, the above rules shall also apply.
10.5 Late Registration.If the PSA-issued Certificate of Live Birth, Report of Birth, or Certificate of Foundling was registered late, the applicant must, in addition to the basic requirements, submit supporting documentary evidence, as necessary, to ascertain citizenship and identity.
The DFA Consular Official must exert extraordinary diligence which includes among others, conduct of interview and verification of the documents submitted by the applicant.
10.6 Discrepancies on biographic details.In case of discrepancies on the biographic details between basic and supporting documents, the following rules shall apply:
(1) If the passport applicant's PSA-issued Certificate of Live Birth, Report of Birth, or Certificate of Foundling has lacking data, or the first name is registered as "Baby Boy/Baby/Baby Girl/Girl/Boy" and the applicant is born before 1993, the applicant must submit a PSA-annotated Certificate of Live Birth, Report of Birth, or Certificate of Foundling;
(2) If the passport applicant's PSA-issued Certificate of Live Birth, Report of Birth, or Certificate of Foundling contains a misspelled first or last name, or misspelled birth place, or mistake in the day or month of birth, or clerical error in the sex, or change of first name or nickname, the applicant must submit a PSA-annotated Certificate of Live Birth, Report of Birth, or Certificate of Foundling pursuant to R.A. No. 9048, as amended by R.A. No. 10172; and
(3) If by operation of law or through a court order, the passport applicant is permitted to use a name or other biographic detail other than what is officially recorded in the PSA, the applicant must submit an annotated Certificate of Live Birth, Report of Birth, or Certificate of Foundling as authenticated by PSA reflecting the corrected entry.
10.7 Unreadable Biographic Details between Basic Supporting Documents.The applicant must submit a Local Civil Registrar (LCR) copy if the PSA-issued Certificate of Live Birth, Certificate of Foundling, or Certificate of Marriage is unreadable or cannot be read. If born or married abroad, a Report of Birth or Report of Marriage copy is required.
Section 11. Basic Requirements for Regular Passport Issuance for Minors.
11.1The following are the basic requirements for issuance of Philippine passports to minors:
(1) Personal appearance of the minor applicant for biometric and biographic data capturing and accompanied by either parent, legal guardian or authorized adult companion;
(2) PSA-issued Certificate of Live Birth or Report of Birth:Provided,That in case the applicant is a minor applying in the Philippines is a newborn (less than 1-year old) and has no PSA Certificate of Live Birth or Report of Birth, the minor applicant may submit a Certified True Copy (CTC) of Local Civil Registrar (LCR) Birth Certificate authenticated by the PSA;
(3) A duly accomplished application form; and
(4) Proof of payment;
Applicable basic documentary requirements provided under Section 10 of these Rules.
11.2 Minor Applicant's Accompanying Adult.For minor applicants applying for a passport for the first time or renewing their passport applications, and whose parents are indicated as married in the minor's PSA-issued Certificate of Live Birth or PSA-issued Report of Birth, the following shall be required:
(1) Personal appearance of one of the parents named in the PSA-issued birth certificate;
(2) Valid Philippine passport or other competent proof of identity of the accompanying parent and the copy of his/her spouse's passport or other competent proof of identity;
(3) If the accompanying parent is an alien, the non-Filipino parent must present his or her foreign passport and a copy of the Filipino parent's Philippine passport or other competent proof of identity; and
(4) If accompanied by an authorized adult companion, a Special Power of Attorney (SPA) executed by either of the minor's parents or his/her legal guardian, as the case may be, his/her passport or other competent proof of identity, and a copy of the passport or other competent proof of identity of the minor's parents.
If the parents are not married, only the mother shall principally accompany the child and file the passport application:Provided,That if the child is below seven (7) years old, the consent of the mother shall be required.Provided, further,That custody has not been transferred to the father or a legal guardian by a competent Philippine court.
In case none of the above can accompany the minor applicant, the following rules shall apply:
(1) In default of parents or a judicially appointed guardian, the persons exercising substitute parental authority under Article 216 of the Family Code of the Philippines shall prevail in determining the minor applicant's companion in passport application, unless otherwise ordered by a competent Philippine court. In case of conflicting claims for custody, a court order shall be required.
(2) In cases involving Filipino minors abandoned abroad, the Consular Official of the concerned Philippine FSP may initiate the passport application with the best interest of the minor being the primary consideration.
11.3 Minor Foundlings in the Philippines not for Adoption who are first-time Applicants.For minor foundlings in the Philippines not for Adoption who are first-time applicants, the following are the requirements:
(1) Personal appearance of minor applicant and the NACC Social Worker or Liaison Officer;
(2) PSA-issued Certificate of Foundling;
(3) Letter of Guardianship issued by the Family Court; and
(4) Valid ID of the guardian.
11.4 Minor Foundlings found Overseas who are first-time Applicants.The DFA shall promulgate supplemental rules and regulations to govern the requirements for minor foundlings found abroad who are applying for passports for the first time at Philippine FSPs.
11.5 Minor Applicant who is a Prospective Adoptee for Domestic Adoption.In case a minor applicant is undergoing the process of domestic adoption under the Republic Act No. 11642 or the"Domestic Administrative Adoption and Alternative Child Care Act",the following requirements shall apply:
(1) Personal appearance of minor applicant and NACC Social Worker or Liaison Officer;
(2) PSA-issued Certificate of Live Birth or Report of Birth or Certificate of Foundling;
(3) Valid passport or valid government-issued ID of authorized NACC Social Worker or Liaison Officer;
(4) Certificate of Child Available for Adoption or Deed of Voluntary Commitment/Certificate Declaring a Child Legally Available for Adoption issued by thee National Authority for Child Care; and
(5) Official letter or Special Power of Attorney signed by the NACC Regional Office authorizing the Social Worker to process and receive the passport of the minor applicant and must include a copy of valid government-issued ID and/or passport.
If an applicant is not accompanied by an authorized NACC Social Worker during the application process, the applicant must submit an SPA executed by the authorized NACC Regional Office dsignating the minor's companion to assist in the application process and mist include a copy of valid government-issued ID and/or passport.
11.6 Minor Applicant who is an Adoptee through Domestic Adoption.In case the minor applicant has completed the process of domestic adoption, the following shall be required:
(1) Personal appearance of minor applicant and adoptive parent/s;
(2) Amended PSA-issued Certificate of Live Birth or Report of Birth, indicating the child's adoptive name and name of adoptive parents;
(3) Passports or other competent proofs of identity of the minor applicant, adoptive parent/s or authorized adult companion; and
(4) Certified True Copy of Court Decree of Adoption or NACC-issued Order of Adoption.
11.7 Minor Applicant who is a Prospective Adoptee for Foreign Adoption.For minor applicants for intercountry adoption under NACC, the following documents shall be required:
(1) PSA-issued Certificate of Live Birth, Report of Birth or Certificate of Foundling;
(2) Endorsement from NACC;
(3) Certificate Declaring a Child Legally Available for Adoption or Deed of Voluntary Commitment;
(4) Placement Authority issued by NACC;
(5) Certificate for Issuance of Passport issued by NACC;
(6) Travel Clearance Certificate for adoptee;
(7) Child Study Report; and
(8) Clearance for Intercountry Adoption.
11.8 Minor Applicant who is an Adoptee through Foreign Adoption.For minor applicants with finalized intercountry adoption, the following shall be required:
(1) Personal Appearance of minor applicant and adoptive parent/s;
(2) Amended PSA-issued Certificate of Live Birth, Report of Birth;
(3) Passport/s of adoptive parent/s or authorized adult companion. If the adoptive parents are foreign nationals, presentation of their valid foreign passports is acceptable; and
(4) Certified True Copy of Court Decree of Adoption.
Section 12. Applicants who are holders of Diplomatic/Official ePassports.Applicants who have never been issued with a regular Philippine passport but were issued previously with diplomatic/official ePassports need not present a PSA-issued Certificate of Live Birth, Report of Birth or Certificate of Foundling, and valid government-issued ID except the diplomatic or official passport itself.Provided,however, That when parentage is being determined in the passport application of minors, or when there is discrepancy between the details in the Philippine Diplomatic or Official Passport with basic requirements previously submitted that is noted in the Travel Document Registry Database, the applicant shall present a PSA_issued Certificate of Live Birth, Report of Birth or Certificate of Foundling and valid government-issued valid ID.
RENEWAL OF REGULAR PASSPORTS
Section 13. Basic Requirements for Renewal of Regular Passport.
13.1 Mandatory Requirements.Applicants must declare and present their latest-issued passport when applying for passport renewal. The following are the requirements for the renewal of Philippine passports if renewing electronic or biometric passports:
(1) A duly accomplished application form;
(2) Proof of payment; and
(3) Latest-issued Philippine passport.
13.2 Renewal of Non-Electronic Passports for Adults.Renewal of Brown, Green, Machine-Readable Maroon Passports or any older Passports where the DFA does not have complete biometric and biographic records will be treated as a new application. Applicants shall submit requirements stated in Section 10.
13.3 Renewal Applications for Minor Applicants.The following are the documentary requirements for the passport renewal application of minors:
(1) The latest-issued Philippine passport;
(2) PSA-issued Certificate of Live Birth, Report of Birth, or Certificate of Foundling that show proof of filiation;
(3) Accompanying Adults as specified in Section 11.2 of these Rules.
Applicable basic documentary requirements provided under Section 11 of these Rules shall be required, as deemed necessary by the DFA Consular Official.
In all cases involving minor applicants, their best interest shall be the primary consideration.
13.4 Renewal Applications of Dual Citizens.The following are the requirements:
13.4.1.Natural-born Dual Citizens:
(1) Latest-issued Philippine passport; and
(2) PSA-issued Certificate of Live Birth or PSA-issued Report of Birth.
13.4.2.Dual Citizens who availed of the provisions of Republic Act No. 9225:
(1) Latest-issued Philippine passport;
(2) Original and photocopy of Oath of Allegiance, Order of Approval, or Identification Certificate issued by a Philippine FSP; or Certificate of Retention/Re-acquisition of Philippine citizenship or any equivalent document issued by BI; and
(3) Valid government-issued ID or their secondary citizenship/residence counterparts.
13.5 Renewal Applications of Naturalized Citizens.The following are the requirements:
(1) The latest-issued Philippine passport; and
(2) Identification Certificate of Naturalization from the Bureau of Immigration, or Certificate of Naturalization issued by the Special Committee on Naturalization (SCN), or copy of the final Court Judgment or Law granting Philippine citizenship.
13.6 Renewal Applications of Filipino Citizens by Election.The following are the requirements:
(1) The latest-issued Philippine passport;
(2) Documents of election of Philippine citizenship; and
(3) Identification Certificate issued by the BI.
Section 14. Replacement of Lost/Damaged/Unclaimed MRTDs, as well as MRTDs with Erroneously Entered Biographical Details.Applicants seeking replacement for lost, damaged, or passports not claimed within one (1) year from application must duly declare such circumstances during the passport application process by submitting a notarized affidavit:Provided,That for affidavits notarized abroad by foreign notaries public shall be authenticated by the Philippine FSP or apostilled by the competent authority. If upon verification, the applicant's facial or other biometric data is available in the passport database or if the applicant has a copy of the latest-issued passport with the correct biogrpahic data, all the required documents stated in Sections 10-11 of these Rules and will no longer be required except for the following:
(1) A duly accomplished application form;
(2) Proof of payment of passport fees for lost, damaged, or unclaimed passports; and
(3) For valid or expired lost Passport, applicants must submit a police report except if the applicant is an undocumented migrant.
Applicants without facial or other biometric data or with erroneous biographical information must present the following documents:
(1) A duly accomplished application from reflecting the correct biographical information;
(2) Original and photocopy of PSA-issued Certificate of Live Birth, Report of Birth or Certificate of Foundling or PSA-issued Certificate of Marriage reflecting the correct biographical information or the documents enumerated in Section 10.2.(3) and Section 11 of these Rules;
(3) Valid IDs listed in Section 10.2 (4) reflecting the correct biographical information;
(4) The latest passport with erroneous biographical information, if available; and
(5) Affidavit of Explanation detailing the circumstances of the erroneous biographical information.
RULE IV
DIPLOMATIC AND OFFICIAL PASSPORTS
Section 15. Eligibility for Diplomatic Passports.
Diplomatic Passports shall be issued by the DFA to Filipino citizen with diplomatic status or who are on diplomatic mission, which includes:
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. The Chief Justice and Associate Justices of the Supreme Court, as well as the respective Presiding Justices of the Court of Appeals, Court of Tax Appeals, and the Sandiganbayan;
5. The DFA Secretary and former DFA Secretaries, Undersecretaries, and Assistant Secretaries of the DFA;
6. The Members of the Congress, the Secretary of the Senate, and the Secretary General of the House of Representatives;
7. The Secretaries of all departments of the Executive branch;
8. The Heads of Philippine FSPs and former Heads of Philippine FSPs, Foreign Service Officers of all ranks in the career diplomatic service, and designated Attaches from the DFA and agencies of the Philippine government, including officials of Migrant Workers Offices (MWO) as created under Section 15 of Republic Act No. 11641 or the"Department of Migrant Workers Act";
9. The Governor of the Bangko Sentral ng Pilipinas;
10. Government officials duly authorized to represent the Philippines as delegates to international conferences;
11. The spouses and minor children of the abovementioned officials when accompanying or following to join them on a diplomatic mission abroad; and
12. The spouses, minor children, and adult offspring of DFA officials, as qualified by existing DFA rules and regulations, who are accompanying or following to join them during their foreign assignment to a diplomatic mission abroad.
The President of the Philippines or the Secretary may grant diplomatic passports to officials and persons other than those enumerated in this Section.
Section 16. Eligibility for Official Passports.
Official Passports shall be issued by the DFA to government officials and employees on official business abroad but who are not on a diplomatic mission or have not been accorded diplomatic status, which include:
1. The Undersecretaries and Assistant Secretaries of the Cabinet other than the DFA, the Associate Justices of the Court of Appeals, Court of Tax Appeals, the Sandiganbayan and other members of the Judiciary, and all other government officials and employees traveling on official business and official time;
2. Filipino staff officers and employees in Philippine diplomatic and consular posts, as well as officers and representatives of other Philippine government agencies assigned abroad, unless a diplomatic passport is required in the exigency of the service;
3. Persons in the domestic service of Filipino officials assigned to diplomatic or consular posts; and
4. Spouses, minor children, adult offspring, and other qualified dependents of DFA staff officers and employees assigned to diplomatic or consular posts and offices, of DFA staff officers and representatives of other government agencies assigned to diplomatic or consular posts and offices, as qualified by existing DFA rules and regulations, who are accompanying or following to join them during their foreign assignment to a diplomatic mission abroad.
Section 17. Requirements for Application of Diplomatic or Official Passport.
The following are the requirements for the application of diplomatic or official passport:
(1) Accomplished Diplomatic or Official Passport Application Form;
(2) Requirements set forth in Section 10 of these Rules, unless the applicant already has an existing valid regular passport whose details will be the basis for the issuance of the diplomatic/official passport;
(3) Original and/or Certified True Copy of Signed Travel Authority;
(4) Endorsement Letter addressed to DFA (not required if Travel Authority is already addressed to DFA);
(5) Photocopy of Letter of Invitation from sponsor/organizer (if applicable);
(6) Original Training Contract if duration of training, fellowship, scholarship and/or study grant is one (1) month or longer;
(7) Original Certificate of No Pending Administrative Case (issued within the last six months);
(8) Original latest Service Record (issued within the last six months);
(9) Certified True Copy of Presidential Full Powers or Appointment Paper (for presidential appointees);
(10) Certified True Copy of Approved Civil Service Appointment (for conterminous appointees);
(11) Certified True Copy of Oath of Office (for Elected Officials);
(12) Photocopy of Applicant's Office I.D. and Authorized Representative's I.D.; and
(13) Flight itinerary (if transiting to countries where a visa is required).
Holders of diplomatic and official passports shall submit to the DFA a report of their official travel.
Section 18. Revalidation of Diplomatic or Official Passports.
Diplomatic and Official passports shall be submitted for revalidation before each departure of the bearer from the Philippines. The following are the requirements for the revalidation of diplomatic and official passports:
(1) Accomplished Diplomatic and Official Passport Application Form;
(2) Original or Certified True Copy of Signed Travel Authority;
(3) Flight itinerary (if transiting in countries where a visa is required); and
(4) If the application for revalidation will be filed by a representative, or if the diplomatic or official passport will be claimed by a representative, said representative shall submit an Authorization Letter signed by the passport holder along with the representative's original ID and photocopy thereof.
The DFA shall issue supplemental rules and regulations governing the revalidation extension, processing, and applicable fees for diplomatic and official passports.
RULE V
GENERAL RULES ON THE ENCODING OF BIOGRAPHICAL DATA
Section 19. Biographical data appearing in passports and other travel documents.
The name, sex, birthdate, and birthplace of the applicant as they appear in the basic requirements presented as per Rule III for regular passports, RULE IV for diplomatic and official passports, and Rule VIII for Machine Readable Convention Travel Documents (MRCTD) are to be followed during the encoding process. Biographical data to be encoded for the purpose of issuing Emergency Travel Documents shall be based on the applicant's most recent passport.
Section 20. Naming convention.
Names encoded in passports and travel documents shall follow the legal naming conventions in the Philippines, and other relevant laws. In the case of officially recognized foreign names and surnames appearing in basic requirements presented in support of a passport application where said foreign names and surnames have non-Latin characters, a transcription or transliteration into Latin characters shall be used following the guidance of ICAO Document 9303.
Section 21. Changes in the applicant's biographical data record.
Changes in the applicant's biographical data record may only be allowed upon presentation of updated basic requirements showing the specific annotation supporting the change.
RULE VI
USE OF MARRIED NAME AND REVERSION TO MAIDEN NAME IN THE TRAVEL DOCUMENT
Section 22. Use of married name - Format.
A married woman may opt to use her husband's surname as her own, or incorporate her husband's surname with her own in her travel document according to the married name configuration options provided below:
a. [Her first name] + ]Her maiden surname as middle name] + [Her spouse's last name]
i.e.[Juana] + [Reyes] + [Dela Cruz] =Juana Reyes Dela Cruz
b. [Her first name] + [Her maiden middle name] + [Her maiden surname] + [-] + [Her spouse's last name]
i.e.[Juana] + [Santos] + [Reyes] + [Dela Cruz] =Juana Santos Reyes-Dela Cruz
Married women may choose to adopt their spouse's last name in either of the aforementioned formats and upon presentation of the document described in Section 10.2 (5).
Once a married woman has selected one of the married name configurations specified above, as already reflected in her latest issued passport or travel document, she has the option to witch to the other form:Provided,That she presents the following documents:
(1) At least one (1) valid identification card as in Section 10.2. (4)
(2) PSA-issued Certificate of Live Birth, Report of Birth, or Certificate of Foundling;
(3) PSA-issued Certificate of Marriage Report of Marriage; and
(4) Notarized affidavit explaining why she has opted to change the format of her married name.
Section 23. Reversion to maiden name.
A married women who wishes to revert to her maiden name may do so based on the following:
23.1For married women who wish to revert to their maiden names in their travel documents by virtue of death of the spouse, the following documents must be presented:
(1) PSA-issued Certificate of Death or Report of Death (ROD) of spouse or apostillized or authenticated Foreign Death Certificate of foreign spouse with English translation, if applicable;
(2) PSA-issued Certificate of Live Birth or Report of Birth; and
(3) Latest issued Philippine passport (if available).
23.2For women who wish to revert to their maiden names in their travel documents by virtue of an annulment, declaration of nullity of marriage, judicially-recognized foreign divorce, and judicially-recognized divorce under Presidential Decree No. 1083 (Code of Muslim Personal Laws of the Philippines), the following document must be presented:
(1) PSA-issued Certificate of Marriage or Report of marriage (ROM) with annotation reflecting the nullity or dissolution of marriage;
(2) PSA-issued Certificate of Live Birth or Report of Birth; and
(3) Latest issued Philippine passport (if available).
23.3For married women who wish to revert to their maiden names in their travel documents, for reasons apart from those stated above:Provided,That this mode of reversion can only be done once, the following documents must be presented:
(1) PSA-issued Certificate of Live Birth or Report of Birth;
(2) Notarized Affidavit or Explanation that includes request for the reversion of maiden name in the Philippine passport or travel document and stating she has not hitherto availed of the reversion; and
(3) Latest-issued Philippine passport or travel document.
RULE VII
EMERGENCY TRAVEL DOCUMENTS
Section 24. Emergency Passports.
Emergency Passports shall be issued to Filipino citizens with damaged or expired passports, or have lost their passports being used while traveling overseas, and need to complete their intended overseas travel prior to their return to the Philippines or to return to their residence overseas. Only those whose biometric data are stored in the Passport Database may issued an Emergency Passport.
An Emergency Passport shall not issued unless the Filipino citizen has applied for a replacement of a regular, official, or diplomatic passport at the consular section of the FSP.
Emergency Passports shall be valid for one (1) year from date of issuance or upon return to the Philippines or place of foreign residence. The Emergency Passport shall not be renewed or extended.
Emergency Passports can only be issued by FSPs and must conform with existing ICAO standards. Fees, additional requirements, technical specifications, and other issuance regulations of the Emergency Passport shall be governed by supplemental DFA rules and regulations.
Section 25. Emergency Travel Certificates.
An Emergency Travel Certificate (ETC) shall be issued to Filipino citizens who have lost their passports overseas or cannot be issued a regular passport, and need to urgently return to the Philippines. The ETC shall be valid for a period of thirty (30) days to six (6) months from date of issuance.
ETCs can only be issued by Philippine FSPs, and Consulates headed by Honorary Consular officials with prior authorization from their supervising FSP unless the person is restricted, as per existing regulations, from being issued a passport, or if circumstances on the ground warrant an exemption to the requirement for the application of a passport renewal.
The foreign spouse and children of the Filipino citizen, as qualified by relevant DFA rules and regulations, may also be issued an ETC. The children of the Filipino being issued an ETC shall be required to file for a Report of Birth, and as much as practicable, apply for Philippine passports through the parents that shall be claimed in the Philippines.
Philippine FSPs and Consulates headed by Honorary Consular officials shall be required to give a monthly report to the DFA Office of Consular Affairs of ETCs issued.
Fees, additional requirements, technical specifications, and other issuances regulations of the ETC shall be governed by supplemental DFA rules and regulations.
RULE VIII
CONVENTION TRAVEL DOCUMENTS
Section 26. Machine-Readable Convention Travel Document for Refugees.
26.1. Qualified Applicants.A Machine-Readable Convention Travel Document (MRCTD) shall be issued to a refugee granted such status or asylum in the country.
26.2. Requirements.A refugee recognized by the Philippine government may be issued an MRCTD for the first time upon submission of the following documents:
a. Duly accomplished application form;
b. Proof of payment;
c. Indorsement letter from the Department of Justice - Refugees and Stateless Persons Protection Unit (DOJ - RSPPU) or by the competent authority based on prevailing law for the issuance of the travel document;
d. Request letter from the applicant for the issuance of travel document; and
e. Alien Certificate of Registration Identity Card (ACR I-Card) issued by BI.
First-time applications for MRCTDs by refugees can only be lodged at the DFA Office of Consular Affairs.
26.3. Period of Validity.The MRCTD shall be valid for five (5) years from date of issuance.
26.4. Requirements for Renewal and Replacement of Refugees' MRCTDs.A new MRCTD may be issued to replace the refugee's current MRCTD that has been lost, damaged, expired or is about to expire, which should be returned to the DFA unless it contains a valid foreign visa. Recognized refugees may renew their MRCTDs upon presentation of the following documents:
a. Duly accomplished application form;
b. Proof of payment;
c. New Indorsement letter from the Department of Justice - Refugees and Stateless Persons Protection Unit (DOJ - RSPPU) or by the competent authority based on prevailing law for the issuance of the travel document;
d. Request letter from the applicant for the issuance of travel document; and
e. Alien Certificate of Registration Identity Card (ACR I-Card) issued by the BI;
f. Old MRCTD with expired/expiring validity; and
g. Original notarized Affidavit of Loss and Police Report (in case of a lost MRCTD).
26.5. Renewal of Refugees' MRCTDs.Recognized refugees may lodge their application for the renewal of their MRCTDs at the DFA Consular Office or FSP nearest to them.
26.6. Fees and Additional Requirements.Fees, additional requirements, technical specifications, revocation, and other issuance regulations of the Machine-Readable Convention Travel Document for Refugees shall be governed by supplemental DFA rules and regulations.
Section 27. Machine-Readable Convention Travel Document for Stateless Persons.
27.1. Qualified Applicants.A MRCTD may be issued to a stateless person who is likewise a permanent resident of the Philippines.
27.2. Requirements.A stateless person recognized by the Philippine government may be issued with a MRCTD for the first time upon submission of the following documents:
a. Duly accomplished application form;
b. Proof of payment;
c. Indorsement letter from the Department of Justice - Refugees and Stateless; Persons Protection Unit (DOJ - RSSPU) for the issuance of a travel document;
d. Request letter from the applicant for the issuance of travel document; and
e. Alien Certificate of Registration Identity Card (ACR I-Card) issued by the Bureau of Immigration (BI).
First-time applications for MRCTDs by stateless persons can only be lodged at the DFA Office of Consular Affairs.
27.3. Period of Validity.The MRCTD shall be valid for five (5) years from the date of issuance.
27.4. Requirements for renewal and Replacement of Stateless Persons' MRCTDs.A new MRCTD may be issued to replace the stateless person's current MRCTD that has been lost, damaged, expired or is about to expire, which should be returned to the DFA unless it contains a valid foreign visa. Recognized stateless persons may renew their MRCTDs upon presentation of the following documents:
a. Duly accomplished application form;
b. Proof of payment;
c. New Indorsement letter for the Department of Justice-Refugees and Stateless' Persons Protection Unit (DOJ-RSPPU) or by the competent authority based on prevailing law for the issuance of the travel document;
d. Request letter from the applicant for the issuance of travel document; and
e. Alien Certificate of Registration Identity Card (ACR I-Card) issued by the Bureau of Immigration (BI);
f. Old MRCTD with expired/expiring validity; and
g. Original notarized Affidavit of Loss and Police Report (in case of a lost MRCTD).
27.5. Renewal of Stateless Persons' MRCTDs.Recognized stateless persons may lodge their application for the renewal of their MRCTDs at the DFA Consular Office or Foreign Service Post nearest them.
27.6. Fees and Additional Requirements.Fees, additional requirements, technical specifications, revocation, and other issuance regulations of the Machine-Readable Convention Travel Document for Stateless Persons shall be governed by supplemental DFA rules and regulations.
RULE IX
CIRCUMSTANCES THAT WOULD ALLOW THE REQUIREMENT OF
ADDITIONAL DOCUMENTS FOR TRAVEL DOCUMENTS APPLICATIONS
Section 28. Establishment of Facts of Travel Document Application.
The DFA may require the submission of additional documents to establish the following facts of a Travel Document application, as deemed necessary:
a. Identity;
b. Citizenship; and
c. Lack of legal travel restrictions.
Section 29. Document Verification.
The DFA may request the verification of additional documents presented for an application of a travel document to establish the facts enumerated in Section 28 by the appropriate government agency. A Travel Document shall only be issued upon satisfactory positive resolution of a person's identity, a person's citizenship or lack thereof, or lack of legal travel restrictions.
RULE X
GENERAL RULES ON TRAVEL DOCUMENT PROCESSING, BIOGRAPHICAL AND
BIOMETRIC DATA CAPTURING, PERSONALIZATION, AND RELEASING
Section 30. Online Application Portal and Electronic One-Stop Shop.
The DFA shall maintain an online application portal to facilitate convenience of application and ease in gathering and submission of the requirements for travel document applications. This Online Application Portal shall also allow the lodging of non-appearance passport renewal applications for those qualified under the Act and these Rules.
This Online Application Portal may also be linked to a general online government Electronic One-Stop Shop Portal aggregating different government services when technology and security allow, pursuant to laws and regulations.
Section 31. Machine-Readable Travel Document Application Procedure.
The DFA shall exercise due diligence in vetting and ensuring the identity, Philippine citizenship, and lack of travel restriction of all travel document applicants. Consular officials shall scrutinize documents presented and, as necessary, interview the applicants and require additional documents if there is doubt as to the identity, citizenship and lack of travel restrictions.
The DFA shall also ensure that it captures biographical and biometric data of all MRTD applicants that shall in turn be stored in the DFA's Travel Document Registry Database. Also included among biometric data to be gathered are those belonging to applicants attempting to fraudulently apply for Philippine MRTDs, which shall be properly tagged and used to ensure that they will not be able to apply for MRTDs anywhere unless cleared by the DFA Secretary or the designated Consular Official, LEAs, or a competent Philippine court.
The DFA shall promulgate supplemental rules and regulations, as necessary, relative to specific procedures on the processing of MRTD applications that shall also include procedures on the capturing and storage of biographical and biometric data of MRTD applicants.
Section 32. Special Lanes.
32.1. Special Lane as Courtesy Lanes.The DFA shall establish special lanes for in-person applicants in DFA OCA, Consular Offices, and Philippine FSPs that shall called Courtesy Lanes. The Courtesy Lane is a facility offered by the DFA to its eligible applicants to avail themselves of passport services without the need for an appointment. The number of courtesy lane applications to be accommodated in a given day shall be subject to OCA's, CO's and Philippine FSPs' operating capacity, as approved by OCA.
32.2. Persons Eligible for Courtesy Lane Access.The Courtesy Lane shall accommodate the following applicants:
a. Senior Citizens;
b. Persons with Disability (PWDs);
c. Pregnant Women;
d. Minors aged seven (7) years old and below;
e. Solo parents;
f. Overseas Filipino Workers (OFWs) applying in the Philippines;
g. Individuals with emergency and exceptional cases; and
h. Muslim Filipinos who are intending pilgrims to the annual Hajj pilgrimage, which shall be for a period of four (4) months commencing on the date indicated in the official request by the National Commission on Muslim Filipinos or Duly Authorized Agency.
Accommodation for Courtesy Lane shall be free of charge and shall not be granted in exchange of any consideration, in cash or kind.
32.3. Prohibition.Courtesy Lane privileges shall not be granted to any person who:
a. Misrepresents, falsifies, forges, or commits fraudulent acts to avail of Courtesy Lane privileges;
b. Offers any fee, gift, or other thing, as consideration for access to Courtesy Lane privileges; or
c. Commits acts punishable under existing graft laws.
The Assistant Secretary for Consular Affairs, or any duly authorized consular officer may revoke Courtesy Lane privileges for any valid reason.
32.4. Companions of Eligible Courtesy Lane Applicants.The Courtesy Lane access shall be extended to one (1) companion of Senior Citizens and PWDs who is either a relative within the fourth civil degree of consanguinity or affinity or a traveling companion with a proof of confirmed flight or hotel booking. The adult companion i.e. parents, legal guardian, or authorized representative, and minor siblings applying together with the minor 7 years old and below, are also eligible for Courtesy Lane access.
The DFA shall issue supplemental rules and regulations regarding the requirements to be presented for eligibility for Courtesy Lane privileges.
Section 33. Non-Appearance Renewal.
The DFA shall implement a system whereby applicants may submit their application without the need to physically appear in the Office of Consular Affairs or any DFA Consular Offices within the Philippines, and Philippine FSPs. The implementation of this non-appearance renewal system will depend on the availability of secure and user-friendly technology. Non-appearance renewal applications may be avail of by the following:
a. Individuals who are sixty (60) years old and above; and
b. Migrant workers abroad.
Further, the aforementioned individuals should previously have been issued passports as adults, in this case as a person 18 years old and above, and have their biometric data, as well as biographic data, stored in the DFA's Travel Document Registry Database to qualify for non-appearance passport renewal. Finally, only the above-mentioned applicants who are renewing their passports without charges in their biographic data shall qualify for non-appearance passport renewal.
The requirements and procedure for processing and issuance of passports through non-appearance passport renewal shall be regulated by supplemental rules and regulations issued by the DFA, as may be necessary.
The DFA may expand the coverage and eligibility for non-appearance passport renewal, subject to the availability of secure technology and resources.
Section 34. Mobile Passport Service.
The DFA may provide mobile transport services to Filipinos in areas outside its offices as may be necessary. The DFA, through its Foreign Service Posts (FSPs), may provide consular outreach missions in areas within its jurisdiction as may be necessary.
The DFA may also request assistance and security from appropriate agencies during mobile passport services as necessary. The DFA shall promulgate supplemental rules and regulations regarding the conduct of Mobile Passport Services.
Section 35. Offsite Passport Services.The DFA may provide offsite passport services for Filipino citizens in areas deemed necessary by the Department.
The DFA may establish offsite passport offices to augment the existing passport operations of the nearest Consular Office or Philippine FSP.
The DFA shall promulgate rules and regulations regarding the establishment of Offsite Passport Offices.
Section 36. Release and Claiming of Travel Documents.
36.1. Release of Travel Documents.The DFA may release travel documents via onsite release, postal service, or accredited courier servic provider. The DFA shall ensure that travel documents released to the passport holder or their duly authorized entity/ies shall be electronically recorded in the Travel Document Registry Database. The DFA shall create supplemental rules and regulations regarding Release of Travel Documents.
36.2. Requirements for Release of Travel Documents.The following shall be required for the claiming and release of travel documents:
1. Original National ID, other valid Philippine government-issued ID or Foreign passport/equivalent foreign government-issued national ID for adult first-time passport applicants;
2. Latest Passport if still valid and to be canceled and one (1) valid Philippine government-issued ID or Foreign passport/equivalent foreign government-issued national ID for passport renewal applicants;
3. For minor applicants, proof of child's filiation to parent and any of the following:
a. Minor's and parent's original National ID or equivalent foreign government-issued national or residence ID if claiming passport outside the Philippines;
b. Valid school ID;
c. Foreign passport of minor;
d. School Record with photo of minor and signed by school registrar; and
e. Receipt reflecting minor's name if the child is either below schooling age or has not been issued any form of identification document.
In case a person other than an immediate family member will claim the applicant's passport:
1. Original notarized Special Power of Attorney (SPA) executed by the applicant, parent, or legal guardian, issued to the authorized representative or official letter from concerned Philippine government agency authorizing acceptance of passports by its liaison officers; and
2. Valid ID (original and photocopy) of applicant, parent, or legal guardian and representative indicated in the SPA.
36.3. Requirements for Release of Emergency Travel Documents.The following shall be required for the claiming and release of Emergency Passports and Emergency Travel Certificates.
1. DFA Passport Slip or Official Receipt; and
2. Latest ePassport (if available).
36.4. Requirements for Release of Convention Travel Document.The following shall be required for the claiming and release of Convention Travel Documents:
1. DFA Passport Slip or Official Receipts; and
2. ACR I-Card or receipt with DOJ Indorsement.
36.5. Requirements for Release of Travel Documents of Deceased Individuals.The travel document of deceased individuals turned over to the Department shall be governed by the procedures and rules stated in Department Order 2022-001 and subsequent supplemental rules and regulations that may be issued by the DFA.
RULE XI
REPORTING OF LOST MRTDs
Section 37. Reportorial Requirements.
When the loss of an MTRD is reported to the Department, the applicant shall be required to submit a duly-notarized affidavit detailing the circumstances of its loss, or its location and the person or entity in possession thereof. Once an MRTD has been reported as lost by the holder or the authorized legal guardian, in case of a minor, it is automatically deemed canceled. Hence, in the event that the passport has been retrieved after being reported as lost, the same shall be turned over to the Department for physical perforation and it should no longer be used for travel.
Section 38. Procedures on Reporting Lost MRTDs.The following shall be the reportorial mechanisms for lost MRTDs:
a. For applicants at OCA, the record of the lost MRTD shall be retrieved and verified through the Travel Document Registry Database by an authorized DFA consular official. Once verified, the application may be processed upon submission of the documentary requirements for a lost MRTD application.
All MRTDs declared as lost shall be consolidated and appended to an official report for endorsement to all concerned agencies, including border control authorities to prevent the unlawful use of the passport.
b. For applicants in COs, the same procedures shall be followed. The consolidated report shall be regularly submitted to OCA for eventual transmission to the concerned authorities; and
c. For applicants in FSPs, the same procedures shall be followed. Cases of individuals applying for emergency passports or emergency travel certificates due to lost passports overseas shall also be included in the regular report to OCA.
RULE XII
WAIVER OF TRAVEL DOCUMENT REQUIREMENTS AND FEES
Section 39. Grounds for Waiver.
On humanitarian grounds, the DFA Secretary or their duly authorized consular official may waive any of the requirements set forth in these Rules, as well as the fees for the processing and issuance of travel documents. The DFA shall issue supplemental rules and regulations on the waiver of travel document requirements and fees.
RULE XIII
GROUNDS FOR DENIAL AND CANCELLATION OF TRAVEL DOCUMENTS OR
IMPOSITION OF RESTRICTIONS THEREON
Section 40. Denial of Travel Document Application.A travel document application may be denied under any of the following circumstances:
(1) Failure to comply with Travel Document requirements enumerated in these Rules;
(2) Upon official receipt by the Department from a court having competent jurisdiction of a Hold Departure Order against the passport applicant;
(3) Upon submission to the Department of a duly notarized request to deny the passport issuance by a person exercising parental authority over a minor or incapacitated applicant along with sufficient documentary proof of such parental authority, until such time as the competent court or appropriate authority has determined otherwise;
(4) Upon official receipt by the Department of the original or certified true copy of the final and executory court decision convicting the passport applicant of violating the provisions of the Act; and
(5) When it has been discovered by duly authorized consular or diplomatic officials that the passport applicant is disqualified under other existing laws from obtaining a passport.
Section 41. Cancellation of Travel Document.The DFA shall cancel a travel document under any of the following circumstances:
(1) If any requirement for the issuance of travel documents as stated in Section 5 of the Act or these Rules, is subsequently discovered as fraudulent, tampered or issued erroneously;
(2) If a travel document is issued to a person who assumes the identity of another or adopts a fictitious identify;
(3) Upon official receipt or an order from a competent Philippine court directing the cancellation of a travel document;
(4) If a holder of a Philippine travel document loses Philippine citizenship or renounces his/her Philippine citizenship:Provided,that the cancellation and perforation of his/her passport is done by an authorized DFA Consular Official before the release of Certificate of Renunciation:Provided,further, that the perforated passport is returned to the holder; and
(5) When a travel document is returned to the DFA by other Philippine government agencies or entities:Provided,that the cancellation of passport will not prevent the holder from being issued another passport.
Supplemental rules and regulations shall be made by the DFA for other cses involving returned or surrendered travel documents.
41.1. Additional actions undertaken.Travel documents canceled under the aforementioned circumstances, except for Section 38(5), shall also be canceled in the Travel Document Registry Database, and if presented to any Consular Office, must be perforated by an authorized DFA Consular Official.
Canceled travel documents under Section 41(1) of these Rules must be officially endorsed or reported to concerned government agencies, such as but not limited to the Office of the Solicitor General (OSG), BI and INTERPOL-Philippine Center on Transnational Crime (INTERPOL-PCTC) through the Stolen, Lost, and Revoked Travel Documents Database (SLRTD) reports, and may be shared with the Securities and Exchange Commission (SEC), Bangko Sentral ng Pilipinas (BSP), National Bureau of Investigation (NBI), and Anti-Money Laundering Council (AMLC).
All cancelled travel documents under Section 41, except Section 41 (5), shall be included in the Watchlist Database of the DFA.
Section 42. Imposition of Restrictions on Passports.The DFA Secretary or their duly authorized representatives may impose markings or stamps on passports stating that it not valid for use for travel if a hold departure order or a precautionary hold departure order has been issued by a competent court against the passport holder. The DFA Secretary or duly authorized representatives may also impose markings or stamps on any passport stating that it is not valid for travel to countries stated under Section 10(c)(2)(3), and (4) of the Act.
If a consular official discovers that a passport applicant has applied for passport with the intention of using it to travel to countries stated under Section 10(c)(2), (3),and (4) of the Act, the consular official must still issue the passport to the applicant:Provided,That the applicant complies with the requirements enumerated in the Act:Provided, further,That the said passport shall not be released to the applicant without it first being marked as not valid for travel to the countries stated under Section 10(c)(2), (3), and (4) of the Act.
Section 43. Scope of Restrictions.A passport may be restricted with respect to its period of validity or country of destination for any of the grounds stated in Section 10(c) of the Act.
Notwithstanding the above position, the DFA Secretary may, at the time and in his/her proper discretion, exempt certain passports and classes of individuals holding certain passports from the restrictions under Section 10(c)(2), (3), and (4) of the Act. The grant of exemptions from the imposition of passport restrictions shall be regulated by supplemental guidelines and procedures of the DFA.
RULE XIV
APPEAL
Section 44. Appeal.
In the event that an applicant for a passport is denied pursuant to Section 10 (a)(2), (3), or (4) of the Act, or an existing passport is canceled pursuant to Section 10(b)(4) or (5) of the Act, the applicant or holder thereof may appeal the denial or cancellation by submitting to the Office of Consular Affairs a letter addressed to the DFA Secretary accompanied by supporting documentary evidence, including a notarized affidavit of explanation. The DFA shall promulgate supplemental rules and regulations regarding the conduct of appeals of applicants.
RULE XV
BASIC PHILIPPINE TRAVEL DOCUMENTS FORMAT AND BASIC DATA- CARRYING ELEMENTS
Section 45. Technical Specifications.
The DFA shall promulgate technical specifications for every edition or series of Travel Documents depending on the type of travel document to be issued, including the physical characteristics of the Travel Document.
45.1. Front Cover.The front cover of Philippine MRTDs may exhibit among others the Coat of Arms of the Republic of the Philippines. The front cover may also have the name of the Philippines printed as "PILIPINAS / PHILIPPINES / FILIPINAS". Further, each time of MRTD shall state its type in its front cover as follows, unless changed by the DFA:
1. Regular Passports:PASAPORTE / PASSPORT / PASAPORTE
2. Diplomatic Passports:PASAPORTE DIPLOMATIKO / DIPLOMATIC PASSPORT / PASAPORTE DIPLOMATICO
3. Official Passports:PASAPORTE OPISYAL / OFFICIAL PASSPORT / PASAPORTE OFICIAL
4. Emergency Passports:PASAPORTE PANG-EMERHENSYA / EMERGENCY PASSPORT / PASAPORTE DE EMERGENCIA
5. MRCTDs for Refugees:DOKUMENTO SA PAGLALAKPBAY (Kumbensyon ng ikaw-28 ng Hulyo 1951) / TRAVEL DOCUMENT (Convention of 28 July 1951) / DOCUMENTO DE VIAJE (Convencion de 28 de julio de 1951)
6. MRCTDs fpr Stateless Persons:DOKUMENTO SA PAGLALAKBAY (Kumbensyon ng ika-28 ng Setyembre 1954) / TRAVEL DOCUMENT (Convention of 28 September 1954) / DOCUMENTO DE VIAJE (Convention de 28 septiembre de 1954).
Section 46. The MRTD Page.
46.1. Visual Inspection Zone (VIZ).The Visual Inspection Zone (VIZ) of the Data Page of Philippine MRTDs shall have the following elements:
1. TheIssuing Statedata field may have the following text printed in the field:REPUBLIKA NG PILIPINAS / REPUBLIC OF THE PHILIPPINES / REPUBLICA DE FILIPINAS
2. TheName of Documentfield may have the following text printed in the field:
a. For passports:PASASPORTE / PASSPORT / PASAPORTE
b. For MRCTDs of Stateless Persons and Refugees:DOKUMENTO SA PAGLALAKBAY / TRAVEL DOCUMENT / DOCUMENTO DE VIAJE
3. TheType of Documentfield may be printed as"Uri / Type / Tipo"and must indicate the ICAO code for the type of MRTD;
4. TheCode for Issuing Statefield may be printed as"Kodigo / Code / Codigo"and must indicate the ICAO country code of the Philippines:PHL;
5. ThePassport Numberfield may be printed as"Pasaporte blg. / Passport No. / Pasaporte No"and must indicate the passport number which shall uniquely identify one MRTD from all other MRTDs issued by the DFA;
6. Theprimary identifier,which may be printed as"Apelyido / Surname / Apellido,"shall reflect the following:
a. For passports: The surname stated in the PSA-issued Certificate of Live Birth, PSA-issued report of birth, PSA-issued Certificate of Foundling, the Identification Certificate, or the Naturalization Certificate, except for women opting to use their husband's surname, which shall be based then on the PSA-issued Marriage Certificate or PSA-Issued Report of Marriage.
b. For MRCTDs: The surname shall be based on the Indorsement letter issued by the Department of Justice (DOJ).
If the holder's surname is longer than the character limit of the primary identifier field, the full surname must be printed in the page adjacent to the MRTD data page.
7. Thesecondary identifiersfield, which may be printed as"Pangalan / Names / Nombres",shall reflect the following:
a.For passports:Thr first name stated in the PSA-issued Certificate of Live Birth or PSA-issued Report of Birth or in the Identification Certificate or Naturalization Certificate;
b.For MRCTDs:The first and middle name shall be based on the Indorsement letter issued by the Department of Justice (DOJ).
If the holder's name is longer than the character limit of the primary field, the full name must be printed in the page adjacent to the MRTD data page.
8. Themiddle namedata field, which may be printed as "Panggitnang Apelyido / Middle Name / Segundo Apellido",shall reflect the following:
a. For passports: The name stated in the PSA-issued Certificate of Live Birth or PSA-issue Report of Birth or the Identification Certificate or Naturalization Certificate;
b. For MRCTDs: The middle name shall be based on the Indorsement letter issued by the Department of Justice (DOJ).
If the holder's middle name is longer than the character limit of the primary field, the full name must be printed in the page adjacent to the MRTD data page.
9. Thenationalitydata field, which may be printed as"Nasyonalidad / Nationality / Nacionalidad",shall be based on the required document proving one's Philippine citizenship of the following:
a. For Passports:
i. For natural born citizens who have not lost their Philippine citizenship as per current Philippine laws and regulations, the applicant's PSA-issued Birth Certificate or PSA-issued Report of Birth;
ii. For those who re-acquired/retained their Philippine citizenship through the procedures stated in Republic Act No. 9225, the documents stated in Section 10.2. (3)(vi) of these Rules;
iii. For those who have acquires Philippine citizenship through naturalization, the documents stated in Section 10.2. (3)(iv);
For the above, Nationality field may indicate"PILIPINAS / PHILIPPINES / FILIPINAS";
b. Ffor MRCTDs: The nationality field should be based on the Indorsement letter issued by the Department of Justice (DOJ).
10. Thedate of birthdata field, which may be printed as"Petsa ng kapanganakan / Date of birth / Feche de nacimiento",should be based on the date of birth stated in the following:
a. For Passports:
i. For those born in the Philippines, the PSA-issued Certificate of Live Birth or PSA-issued Certificate of Foundling; or
ii. For those born outside the Philippines with one or both parents being FIlipino at the time of birth, the PSA-issued Report of Birth; or
iii. For naturalized Filipino ctizens born outside of the Philippines, the applicant's foreign birth certificate with apostille or that has undergone legalization or authentication.
b. For MRCTD: The date of birth field should be based on the Indorsement Letter issued by the Department of Justice (DOJ).
The date of birth may be in"Day.Month.Year"format (DD.MM.YYYY). Days shall be known by two-digit number, where the dates from one to nine shall be preceded by a zero. Months may be shown in English three letter abbreviation. Years shall be shown by four-digit number.
11. Thesexdata field, which may be printed as"Kasarian / Sex / Sexo",should be based on the sex stated in the following:
a. For passports:
i. For those born in the Philippines, the PSA-issued Certificate of Live Birth or PSA-issued Certificate of Foundling; or
ii. For those born outside the Philippines with one or both parents being Filipino at thetime of birth, the PSA-issued Report of Birth; or
iii. For naturalized Filipino citizens born outside the Philippines, the applicant's identification Certificate issued by the BI.
b. For MRCTDs: The sex data field should be based on the Indorsement Letter issued by the Department of Justice (DOJ).
For males, the sex shall be indicated with an"M".For females, the sex shall be indicated with an"F".
12. Theplace of birthdata field, which shall be printed as"Lugar ng kapanganakan / Place of birth / Lugar de nacimiento",should be based on the date of birth stated in the following:
a. For passports:
i. For those born in the Philippines, the PSA-issued Certificate of Live Birth or PSA-issued Certificate of Foundling; or
ii. For those born outside the Philippines with one or both parents being Filipino at thetime of birth, the PSA-issued Report of Birth; or
iii. For naturalized Filipino citizens born outside the Philippines, the applicant's identification Certificate issued by the BI.
b. For MRCTDs: The place of birth data field should be based on the Indorsement Letter issued by the Department of Justice (DOJ).
13. Thedate of issuedata field, which shall be indicated as"Petsa ng pagkakaloob / Date issue / Fecha de expedicion",shall indicate when the passport was personalized. The date of issue may be in"Day.Month.Year"format(DD.MM.YYYY).Days shall be shown by a two-digit number, where the dates from one to nine shall be preceded by a zero. Months may be shown in English three letter abbreviation. Years shall be shown by a four-digit number.
14. Theissuing authoritydata field, which shall be indicated as"Maykapangyarihang nagkaloob / Issuing authority / Autoridad expedidora",shall be used to indicate the DFA Consular Office or FSP where the application for the issued passport was lodged.
15. TheDate of expirydata field, which shall be indicated as"Pesta ng pagkawalang bisa / Date of expiry / Fecha de caducidad",shall indicate the date when the validity of a passport expires. The date of expiry may be in"Day.Month.Year"formate(DD.MM.YYYY).Days shall be shown by a two-digit numbe, where the dates from one to nine shall be preceded by a zero. Months may be shown in English three letter abbreviation. Years shall be shown by a four-digit number. The rules on the validity of passports shall be governed by Rule XVII of these Rules.
16. Theidentification featuredata field shall contain the most recent photograp[hic portrait of the holder in the passport database. The dimensions of the portrait shall follow ICAO specifications.The displayed facial image shall be digitally printed in the MRTD, depict a truelikeness of the rightful holder of the MRTD, and not be digitally altered or enhanced to change the holder's appearance in any way. Portrait capturing shall comply with specifications that will ensure compatibility with facial recognition systems.
46.2. Machine Readable Zone (MRZ).The Machine Readable Zone (MRZ) of the Data Page of Philippine MRTDs is the fixed diemsional area located on the MRTD, containing data formatted for machine reading using optical character recognition (OCR) methids. The MRZs of Philippine MRTDs shall be compliant with ICAO standards.
46.3. Page adjacent to data page.The page adjacent to the data page may contain the following:
1. Full surname, name, and middle name of the holder;
2. For diplomatic and official passports, the official designation of the holder; and
3. Any other relevant information, through supplemental rules and regulations, that the DFA may consider necessary to be printed in the data page of the MRTD.
Section 47. Electronic Storage of Select Biographic and Biometric Data in Certain Philippine MRTDs
47.1.The following Philippine MRTDs shall contain a contactless integrated circuit (IC), or an ICAO-compliant Logical Data Structure, with all entered data secured with a digital signature as specified by relevant ICAO recommendations:
1. Regular Passports;
2. Diplomatic Passports;
3. Official Passports; and
4. Convention Travel Documents.
The aforementioned MRTDs shall be referred to as electronic machine readable travel documents (eMRTDs).
47.2. Data Elements.The following dadta elements shall be stored in Philippine eMRTDs:
1. Facial Biometric; and
2. Information reflected in the Passport Data Page.
The aforementioned data stored on the contactless IC shall be rendered inalterate or immutable since being recorded at the time of personalization of the eMRTD through means that would include the use of ICAO-compliant Public Key Infrastructure (PKI). The DFA may add other biometric data elements as may be necessary.
47.3. MRTDs Interoperability.The DFA shall ensure maximum possible interoperability of its MRTDs, especially eMRTDs, with standard ICAO-compliant global MRTZ MRZ and eMRTD IC readers, including through Philippine membership and participation to ICAO's Public Key Directory (PKD) and ensuring recognition of Country Singing Certificate Authority (CSCA) relative to Philippine MRTDs through supplemental rules and regulations.
RULE XVI
PHILIPPINE TRAVEL DOCUMENT DATABASE
Section 48. General Overview of the Travel Document Database.
The DFA shall have a Travel Document Database Management System, a secured database management system that is compliant with the current security standards. This database will be composed of tools to facilitate the management, storage, retrieval, and analysis of data within the system, enhancing client convenience and supporting interagency support services record verification.
he database framework shall be composed of, but is not limited to, the following sub-databases:
1. The Travel Document Registry Database;
2. The Biographic Database;
3. The Biometrics Database;
4. The Travel Document Watchlist Database; and
5. The Stolen, Lost, and Revoked Travel Documents (SLRTD) Database.
The DFA, in alignment with national policy directives, is authorized to enhance the functionality and utilization of the databases outlined in Section 48 and the Public Key Directory described in Section 47.3 herein.
Additional sub-database may be defined and integrated accordingly as required by the DFA.
Section 49. Automated Biometrics Information System (ABIS).
The DFA shall have a system with an Automated Biometrics Information System (ABIS) functionality with the purpose of cross-referencing pertinent information from relevant databases.
The DFA shall promulgate supplemental rules and regulations regarding the travel document database management system.
Section 50. Security and Access to the Travel Document Databases.
The DFA Secretary and the Department's authorized DFA consular officials shall have access to the databases. The DFA shall ensure the confidentiality, integrity, and availability of these databases, entries, and related applications at all times in accordance with R.A. 10173 or the"Data Privacy Act of 2012"and its implementing rules and regulations through the guidance of National Privacy Commission (NPC) and Department of Information and Communications Technology (DICT).
The travel document database, entries and related applications shall be subject to regular Information Systems Audit by competent entities and agencies as deemed necessary by the DFA.
Section 51. Verification of Records in the Travel Document Database.
The verification of records contained in the Philippine Travel Document Database by authorized DFA consular officials and cross-border identity and data verification requests shall comply with the provisions of Rule XXII of these Rules and other pertinent Philippine Data Privacy and Cyber Security laws, rules and regulations:Provided,That the manner of sharing, processing, and transmission of the records verification to be conducted by DFA shall be through the use of authorized and secured channels, whether actual or virtual.
The DFA shall implement supplemental rules and regulations to regulate and govern this Section of these Rules:Provided, further,That the DFA may enter into separate Data Sharing Agreements with other relevant government agencies and shall ensure compliance with the R.A. 10173 and NPC guidelines on the same.
RULE XVII
TRAVEL DOCUMENT CERTIFICATIONS AND RECORDS
Section 52. Types of Certifications.The DFA, through the Office of Consular Affairs, its Foreign Service Posts and Consular Offices, may issue Travel Document Certifications.
All information to be released and supplied by the DFA under this Section shall abide by existing rules and regulations.
The DFA may promulgate supplemental rules and regulations regarding the requirements and procedures for the issuance of Travel Document Certifications.
Section 52.1. Certification that can be issued only by the Office of Consular Affairs.
(a)Certificate of No Passport- refers to the official document issued by the Department stating that an individual does not possess a passport or that there is no record of a passport being issued to them.
(b)Certificate of Passport Record of Deceased Individual- refers to the official document issued by the Department confirming the issuance of a passport belonging to a deceased individual.
(c)Certificate of No Derogatory Record- refers to an official document issued by the Department confirming that the Travel Document Watchlist Sub-Database does not have any derogatory record against a certain individual.
An FSP or CO may issue the above certifications upon written authority from OCA.
Section 52.2. Certifications that can be issued only by OCA or the concerned issuing FSP or CO:
(a)Certificate of Passport Issuance- refers to the official document issued by the Department confirming the issuance of a passport to an individual based on the passport database. It includes details such as the passport holder's full name, birthdate, birth place, passport number, date of issuance, and date of expiration.
(b)Certificate of Passport Cancellation due to Citizenship renunciation- refers to an official document issued by the DFA certifying the cancellation of a genuine Philippine passport issued by the DFA.
Any other FSP or CO may issue the above certifications upon written authority from OCA.
Section 52.3. Certifications that may be issued by OCA or by any FSP or CO.
a)Certified True Copy of Passport- refers to a duplicate copy of the original passport that has been verified and attested as accurate by an authorized consular official.
RULE XVIIII
VALIDITY
Section 53. Validity of Travel Documents.The validity of the following travel documents issued by the DFA shall be as follows:
(1) | Regular Passports issued to adults | 10 years |
(2) | Regular Passports issued to minors (below 18 years old) | 5 years |
(3) | Diplomatic Passports issued to adults to be assigned at FSPs | Maximum of 7 years |
(4) | Diplomatic Passports issued to officials undertaking diplomatic missions | Maximum of 5 years |
(5) | Diplomatic Passports issued to minors (below 18 years old) | 5 years |
(6) | Official Passports issued to adults to be assigned at FSPs | Maximum of 7 years |
(7) | Official Passports issued to officials traveling on official business | Maximum of 5 years |
(8) | Official Passports issued to minors (below 18 years old) | 5 years |
(9) | Emergency Passport | 1 year |
(10) | Emergency Travel Certificate | 6 months |
(11) | Convention Travel Document | 5 years |
OWNERSHIP OF PHILIPPINE PASSPORT AND TRAVEL DOCUMENTS
RULE XX
REPORTING, INVESTIGATION, AND LAW ENFORCEMENT ACTION
Section 57. Authority to Conduct Investigation.The DFA Secretary or any duly authorized representative or consular official shall have the authority to conduct investigations on cases involving passport irregularities, fraud, and all offenses enumerated under Section 22 of the Act.
The DFA Secretary or any duly authorized representative or consular official shall also have the authority ot confiscate fraudulent documents submitted during the passport application process or during the investigation.
After conducting verification of documents and investigation, the DFA shall coordinate with the appropriate law enforcement agencies (LEAs), pertinent government agencies and competent courts for further investigation, filing of cases, prosecution and resolution of all cases involving offenses under the Act.
Section 58. Who may file and where to file.Any person who has sufficient personal knowledge that a person has committed an offense as enumerated under the Act and these Rules may file a notarized complaint-affidavit to the DFA or to any law enforcement agency.
Section 59. Action on the Case by the Consular Office or FSP.The Consular Offices and Philippine FSPs shall immediately obtain the pertinent details of the alleged irregularity, fraud or offense, such as but not limited to:
a. Name, address, age, sex, nationality of the alleged offender;
b. Manner of committing the alleged irregularity, fraud or offense;
c. Names and address of witnesses, if any; and
d. Other pertinent details.
The concerned Co and FSP shall submit to OCA a complete case report with the pertinent supporting documents for appropriate action.
Section 60. Coordination with other agencies.
The Department shall extend full cooperation and coordination with LEAs and relevant government agencies in their investigation of passport irregularities, passport fraud, and violations of the Act. Other government agencies may, in the interest of national security, public safety and preservation of the integrity of the Philippine passport, conduct their own investigation and endorse or refer these cases to the Department and LEAs for further investigation.
Section 61. Consequences of Passport Irregularities and Fraud Cases.
Upon or pending investigation by the Department, the following may be initiated by the DFA Secretary or any authorized Consular Officials:
a) Inclusion of the name of the passport applicant/holder involved in the appropriate Travel Document Database category of the Department;
b) Cancellation or denial of the passport in accordance with Section 10 of the Act; and/or
c. Referral of the case, including the turnover of pertinent documents and records thereto to the appropriate LEAs for the filing of criminal and administrative charges before the Philippine courts having proper jurisdiction over the same.
Section 62. Document Verification.
The DFA shall coordinate with the appropriate government-issuing agencies in the verification of documents related to passport irregularities and fraud cases:Provided,That the results of the document verification, duly certified by the Department and/or the issuing government agency, may be used as documentary evidence when OCA endorses passport irregularities and fraud cases to the appropriate LEAs for further investigation and prosecution of the same.
Section 63. Action of Law Enforcement Agencies on Referred Cases of Passport Irregularities and Offenses.
The LEAs, upon receipt of DFA's referral, shall promptly conduct its own investigation and intelligence gathering to establish probable cause for the filing of appropriate charges against the applicant or passport holder and prosecution of referred or endorsed cases involving passport irregularities and fraud.
LEAS shall report to DFA the updates on the status of cases referred to them subject to existing rules and regulations.
Section 64. Interception and Arrests.
When the alleged passport irregularity, fraud or offense is being committed or has just been committed and it is likely that the offender/s could be intercepted or arrested, the DFA shall immediately coordinate with the nearest law enforcement authorities.
Whenever a case calls for the immediate detention of a suspect under circumstances in Section 5 Rule 113 of the Rules of Court, the DFA authorized consular official shall immediately refer the same and coordinate with LEAs for appropriate proceedings and interception.
RULE XXI
OFFENSES AND PENALTIES
Section 65. Offenses relating to illegal withholding of passport; penalties.
Any person or entity without legal authority who confiscates, retains, or withholds any passport issued by the DFA shall suffer the penalty of imprisonment of not less than twelve (12) years and one (1) day but not more than twenty (20) years, and shall pay the fine of not less than One million pesos (P1,000,000.00) but not more than Two million pesos (P2,000,000.00):Provided,That a prosecution under this Act shall be without prejudice to any liability for violation of Republic Act No. 8042 or the"Migrant Workers and Overseas Filipinos Act of 1995",as amended.
Section 66. Offenses relating to foregery; penalties.
mprisonment of not less than six (6) years and one (1) day to fifteen (15) years and a fine of not less One hundred thousand pesos (P100,000.00) but not more than Two hundred fifty thousand pesos (P250,000.00) shall be imposed upon any person or entity who willfully and knowingly:
1. Falsely makes, forges, counterfeits, mutilates or alters any passport or other travel document or any supporting document for a passport application. The possession of the documents herein mentioned shall beprima facieevidence of commission of the acts enumerated herein; or
2. Uses or attempts to use, or furnishes to another for use, any such forged, counterfeit, mutilated, altered, or canceled passport or other travel document.
Section 67. Offenses relating to improper use of passports, other travel documents, and supporting documents; penalties.
Imprisonment of not less than six (6) years and one (1) day but not more than fifteen (15) years and a fine of not less than One hundred thousand pesos (P100,000.00) but not more than Two hundred fifty thousand pesos (P250,000.00) shall be imposed upon any person who willfully and knowingly:
1. Uses or attempts to use any passport or other travel document issued for the use of another;
2. Uses or attempts to use any supporting document belonging to another; or
3. Sells, trades, pawns, mortgages or uses a passport or other travel document as a collateral to secure debt, or in any manner uses such passport or other travel document as currency or object to commerce:Provided,That in such situation, the buyer, trader, creditor, or mortgage shall also be liable to the same extent as the passport/travel document holder.
Section 68. Offenses relating to issuances; penalties.
Imprisonment of not less than six (6) years and one (1) day but not more than twelve (12) years and a fine of not less than One hundred thousand pesos (P100,000.00) but not more than Two hundred fifty thousand pesos (P250,000.00) shall be imposed upon any person or entity who:
1. Acts or claims 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 other 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 any part thereof.
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 or other travel document, and persuades, entices, encourages, or misleads such applicant to course the application through another person or agency other than DFA or its personnel on the pretext of facilitating its approval or issuance by the DFA;
3. Being neither a diplomatic or consular official, nor an employee authorized to grant, issue, or verify any passport or other travel document to or 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 appointment form, making payments, handling application documents, or any other action relating to passport application;
4. Hoards and/or sells online passport appointment slots for pecuniary gain or advantage;
5. Being a diplomatic or consular official authorized to grant, issue, or verify passports, knowingly and willfully grants, issues, or verifies any such passport to any or for any person not a citizen of the Republic of the Philippines; or
6. Being a diplomatic or consular official, knowingly and willfully grants, issues, or certifies to the authenticity of any passport or other 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.
Section 69. Offenses relating to false statements; penalties.
Imprisonment of not less than six (6) years and one (1) day but not more than twelve (12) years and a fine of not less than One hundred thousand pesos (P100,000.00) but not more than Two hundred fifty thousand pesos (P250,000.00) shall be imposed upon any person who willfully and knowingly:
1. Makes any false statement in any application for passport or other travel document with the intent to induce or secure the issuance of a passport or other travel document contrary to this Act or rules and regulations prescribed pursuant hereto;
2. Makes any false statement in an Affidavit declaring a passport or other travel document as lost or destroyed; or
3. Uses or attempts to use any passport or other travel document which was secured in any way by reason of any false statement.
Section 70. Offenses pertaining to unfair and discriminatory practices.
Any violation of Section 6 of R.A. 11983 shall warrant the following penalties and liabilities:
1. First Offense: Administrative liability with six (6) months suspension;
2. Second Offense: Administrative liability and criminal liability of dismissal from service, perpetual disqualification from holding public office and forfeiture of retirement benefits and imprisonment of eighteen (18) months and one day to six (6) years with a fine of not less than One hundred thousand pesos (P100,000.00) but not more than Two hundred fifty thousand pesos (P250,000.00).
Section 71. Syndicate or on a large scale.
The penalties provided for under this section shall be imposed in their maximum when the offenses are committed by a syndicate or on a large scale.
The offense is deemed committed by a syndicate if carried out by a group of three (3) or more persons conspiring or confederating with one another. It is deemed committed on a large scale if committed against three (3) or more persons, individually or as a group.
Section 72. Offender is a public official.
In addition to the penalties prescribed in this section, the offender shall be dismissed from service and shall suffer perpetual absolute disqualification to hold public office.
Section 73. Offender is a corporation, partnership, association, or any juridical person.
The penalty prescribed in this section shall be imposed upon the president, partner, manager, and/or any responsible officer of the corporation, association, or any juridical person who directly participated in the commission of the violation of this Act and/or allowed its perpetuation and continuance:Provided,That in every case, the criminal conviction of the liable person 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 the juridical person:Provided, further,That these entities and the persons who are criminally held liable for the violation of this Act shall not be allowed to operate similar establishments under different names.
Section 74. Offender is an alien.
In addition to the penalties prescribed under Rule XXII for offenders who are aliens, the alien offenders shall be deported after serving the sentence and be permanently barred from entering the Philippines.
Section 75. Offenses Relating to Issuance by Diplomatic or Consular Officials.
In the commission of violations punishable under Section 22 (d) (4,5,6) of the Act by any diplomatic or consular official, the conduct of the administrative proceedings related thereto shall be pursuant to the existing rules and regulations of the DFA.
RULE XXII
PROTECTION AND SAFEGUARDS
Section 76. Interpretation and Application.
This Rules shall be construed, interpreted, and applied in relation to the provisions of Rule XVI and Rule XX of these Rules, Section 11 of R.A. No. 11983, R.A. No. 10173 and its IRR, pertinent NPC issuances, and other relevant Philippine laws and regulations.
Section 77. Privacy, Security, and Safeguards on Passport Information and Records.
The DFA as the authorized Personal Information Controller of all data collected, held, processed, used, transferred, or disclosed, pursuant to the Act, and the agency tasked with the management of the Philippine Travel Document Database, shall maintain a high level of data protection, security, and confidentiality consistent with all relevant Philippine laws and regulations.
The DFA shall implement appropriate organizational, physical, and technical measures to protect and uphold the integrity of the Philippine passports, including the information processed by the DFA in the Travel Document Databases referred to in these Rules. The formulation and implementation of these measures shall be in coordination with the DICT, NPC, PSA, and other relevant government agencies, and shall protect all passport information, records, and databases against any unlawful sequestering, destruction, alteration, and disclosure, processing, and use, whether intentionally or negligently made. The DFA Database shall be compliant with the ISO 27001 standard.
Section 78. Protection Against Unlawful Disclosure of Travel Document Information or Records.
Travel Document issuances and all records in the Philippine Travel Document Database are confidential in nature. No person may disclose, collect, record, convey, disseminate, publish, or use any information regarding the data of a person's travel document record processed by the DFA, give access thereto, or provide copies thereof to third parties or entities, except in the following circumstances subject to existing Data Privacy rules and regulations:
(1) When the DFA is directed by a competent Philippine court;
(2) When required, through a subpoena, by a LEA or other competent quasi-judicial bodies with subpoena-issuing authority pursuant to a lawful investigation; or
(3) When requested by other government agencies, including but not limited to, the Department of Justice, Bureau of Immigration, Bureau of Internal Revenue, Office of the Ombudsman, Office of the Solicitor General, National Intelligence Coordinating Agency, Commission on Audit, and Philippine Center on Transnational Crime-National Center Bureau (Manila) pursuant to a lawful investigation.
Information disclosed shall not be used except for the specific purpose for which it was authorized and shall not be divulged to any entity or third party other than the entity so authorized.
Requests for passport records verification by LEAs and other relevant government agencies for the conduct of investigation, prosecution, and disposition of cases, under Rule XX of these Rules and in the interest of national security, may be made to the DFA. Such shall be granted and complied with upon DFA's receipt of the official request or lawful order, as the case may be, and upon the official certification by the DFA Secretary or their authorized representative:Provided,That such data shall, at all times, be treated with utmost confidentiality.
Section 79. Aggregate or Statistical Data.
All data collection and processed by the DFA may be used to generate aggregate data or statistical summaries without reference to or identification of any specific individual:Provided,That nothing in these Rules shall be construed as prohibiting or limiting the sharing or transfer of any personal data that is already authorized or required by law. The DFA shall maintain aggregate or statistical data in compliance with relevant Data Privacy laws.
RULE XXIII
TRAVEL DOCUMENT FEES AND THE PASSPORT REVOLVING FUND
Section 80. Fees.
Reasonable fees shall be collected for the processing and issuance of a passport, travel document, and certifications:Provided,That any fee shall not be increased more than once every three years.
Section 81. Passport Revolving Fund.
The DFA may change a service fee of not more than thirty percent (30%) of the regular passport fees for such service rendered to applicants relating to the processing and issuance of passports requiring special consideration, waiver, expedited, or issuance beyond 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 passporting and consular services and other DFA services except travel and transportation allowances and expenses.
The setting up, use, and disbursement of funds shall be subject to review, accounting, and auditing rules and regulations of the Commission on Audit and will be subject to annual review by Congress. The DFA Secretary shall submit a report on the disbursement of the fund every six (6) months to both the Senate Committee on Foreign Relations and the House of Representatives Committee on Foreign Affairs.
RULE XXIV
PROPER DISPOSITION OF TRAVEL DOCUMENTS AND TRAVEL DOCUMENT RECORDS
Section 82. Disposition of Travel Documents.
The DFA shall follow the guidelines of the National Archives of the Philippines (NAP) and other relevant laws and regulations in the proper disposition of travel documents and their associated records. The DFA shall update, as the need arises, the rules and regulations on the proper disposal of travel documents and their associated records.
RULE XXV
FINAL PROVISIONS
Section 83. Appropriations.
he amount necessary for the effective implementation of the Act and the Rules shall be charged and included in the annual General Appropriations Act.
Section 84. Transitory Provisions.
The DFA shall implement the provisions of the law and these Rules and its supplemental rules and regulations, subject to the availability of funds and in compliance with Philippine government procurement processes.
Section 85. Separability Clause.
If ant part of these Rules are declared unconstitutional or contrary to law by the competent authority, the remainder thereof not otherwise affected shall remain in full force and effect.
Section 86. Repealing and Amendatory Clause.
The Act expressly repeals R.A. No. 8239, entitled the "Philippine Passport Act of 1996". Other laws, presidential decrees or issuances, executive orders, letters of instruction, administrative orders, proclamations, charters, rules or regulations and/or parts thereof contrary to or inconsistent with the provisions of the Act are hereby repealed, modified or amended accordingly.
Rules and regulations consistent with the Act and these Rules shall remain in full force and effect. Other issuances, executive orders, administrative orders, proclamations, charters, rules or regulations and/or parts thereof contrary to or inconsistent with the provisions of the Act and these Rules, are hereby repealed, modified or amended accordingly, which include but are not limited to the following:
1. Department Order No. 11-97, "Implementing Rules and Regulations of R.A. No. 8239,Philippine Passport Act";
2. Department Order No. 2022-005 dated 17 February 2022, Prescribing Guidelines Governing the Process of Inclusion in and Removal from the Passport Watch List Database;
3. Department Order No. 2022-01 dated 01 January 2022, Procedures on the Turning Over of Passports and the Processing of Requests for the Retrieval of Passports and Passports Records of Deceased Individual;
4. Memorandum Circular No. 2021-002 dated 22 September 2021, Guidelines on the Treatment of Passport Applicants with Illegitimate Filiation;
5. Department Order No. 2021-12 dated 11 June 2021, Disposal of Unclaimed and Spoiled Passports;
6. Department Order No. 11-2018, Amendment to Department Order No. 16-2016 on Issuance of Machine Readable Convention Travel Documents for Refugees and Stateless Persons;
7. Department Order No. 16-2016 dated 18 May 2016, Issuance of Machine Readable Convention Travel Documents for Refugees and Stateless Persons;
8. Department Order No. 010-2017 dated 25 October 2017, Implementing Rules and Regulations of Republic Act No. 10928 (2017);
9. Memorandum Circular No. 06-07 dated 02 March 2007 Passport Certification
10. Foreign Service Circular No. 149-2017, Revised Passport Application Form and Updated List of Passport Requirements.
Section 87. Effectivity Clause.
These Rules shall be effective after fifteen (15) calendar days following the completion of its publication in one (1) newspaper of general circulation or the Official Gazette and the deposit of three (3) certified true copies of these Rules with the University of the Philippines Law Center Office of the National Administrative Register (UPLC-ONAR).
Approved and signed this 10thday of June 2024 in Pasay City, Philippines.
(SGD.)ENRIQUE A. MANALO
Secretary for Foreign Affairs