One of the recently enacted laws upholding the fundamental right to travel and the freedom of movement guaranteed by the Constitution and the Universal Declaration of Human Rights is the New Philippine Passport Act (Republic Act 11983).

This law makes passports more accessible to every Filipino by taking advantage of the technological advancements that streamline the process of passport issuance and renewal. Gone are the days Filipinos had to first secure a slot through the website of the Department of Foreign Affairs Passport Appointment System before submitting in person all the requirements for the issuance/renewal of a passport to DFA consular or satellite offices.

Under Section 18 of the new law, the DFA, in coordination with other pertinent government agencies, is mandated to establish and maintain an online application portal and Electronic One-Stop Shop readily accessible on its official website to facilitate the application, gathering and submission of the requirements.

Under Section 19 of the law, the DFA may also provide offsite and mobile passport services in areas outside of the consular offices and Foreign Service Posts (FSP). The only time an applicant has to personally appear at the DFA consular or satellite offices is when he/she needs to undergo biometric and biographic data capturing, which should presuppose that the DFA had already considered his/her requirements complete.

To further expedite the process, the law prohibits unfair and discriminatory practices by mandating the DFA, as well as its authorized passport-issuing authorities and personnel, to only require documents to prove (i) the identity of the applicant; (ii) the applicant’s citizenship; and (iii) the lack of legal travel restrictions, consistent with the Ease of Doing Business and Efficient Government Service Delivery Act (Republic Act 11032).

Another salient feature of the New Philippine Passport Act is the inclusion of the penalties for offenses relating to the illegal withholding of passports, which were not expressly mentioned in the Philippine Passport Act of 1996, as amended.

Sections 13 and 19 of the new law provide that a Philippine passport may not be confiscated by any entity or person other than the DFA, and any other government agency, official or employee who confiscates a passport or travel document shall promptly turn over the same to the DFA. Otherwise, the person or entity who, without legal authority, confiscates, retains, or withholds any passport issued by the DFA shall suffer the penalty of imprisonment of not less than 12 years and one day but not more than 20 years and shall pay a fine of not less than P1,000,000 but not more than P2,000,000.

The foregoing crime is in addition to the possible violation of Section 6(k) of the Migrant Workers and Overseas Filipinos Act (Republic Act 8042) which considers as Simple Illegal Recruitment the act of withholding or denying travel documents from applicant workers before their departure for monetary or financial considerations other than those authorized under the Labor Code and its implementing rules and regulations.

Indeed, the new law is responsive to the people’s need for “revenge travel” post-pandemic, and adds protection to the many Filipinos who intend to travel, study, or work abroad.

For more of Dean Nilo Divina’s legal tidbits, please visit www.divinalaw.com. For comments and questions, please send an email to cad@divinalaw.com.