In the Philippine legal system, the issuance of a passport to a minor is treated with high priority to ensure the protection of the child’s welfare and to prevent child trafficking. For illegitimate children—defined under the Family Code of the Philippines as children born out of wedlock—the Department of Foreign Affairs (DFA) implements specific documentary requirements that reflect the child's legal status and the custodial rights of the mother.
I. Basic Core Requirements
Every minor passport application, regardless of legitimacy, requires the following foundational documents:
- Personal Appearance: The minor applicant and the mother must be physically present at the DFA office.
- Accomplished Application Form: Duly filled out by the mother or legal guardian.
- PSA Birth Certificate: An authentic copy issued by the Philippine Statistics Authority (PSA). If the PSA copy is blurred, a transcribed copy from the Local Civil Registrar (LCR) is required.
- School ID or Proof of Identity: For minors with no school ID, a Certificate of Enrolment or a Form 137 with a readable dry seal may be used.
II. Specific Requirements for Illegitimate Minors
Under Article 176 of the Family Code, illegitimate children are under the sole parental authority of the mother. This legal reality dictates the following DFA protocols:
1. If the Mother is the Applicant
If the mother is accompanying the child, she must present:
- Valid Government-issued ID: (e.g., UMID, Driver’s License, Passport, etc.).
- Proof of Sole Custody: Generally, the PSA Birth Certificate itself serves as proof. If the birth certificate shows no father’s name, or even if the father has acknowledged the child, the mother still retains sole parental authority by law unless a court has ruled otherwise.
2. If the Father is Accompanying the Child
If the mother is unavailable and the father (who has acknowledged the child) is the one accompanying the minor:
- Special Power of Attorney (SPA): A notarized SPA executed by the mother authorizing the father to apply for the child’s passport.
- Copy of Mother’s Valid ID: To verify the signature on the SPA.
3. If the Child is Not Accompanied by Either Parent
- Special Power of Attorney: Executed by the mother designating a specific representative.
- Affidavit of Support and Consent: Executed by the mother.
- Valid ID of the authorized representative.
III. Scenarios Involving Acknowledgment of Paternity
The documentation varies slightly depending on whether the father’s name appears on the birth certificate:
| Scenario | Requirement |
|---|---|
| Father's name is NOT on the birth certificate | Only the mother's ID and PSA Birth Certificate are required. The child must use the mother's surname. |
| Father's name IS on the birth certificate | The child may use the father's surname (pursuant to RA 9255), but parental authority remains with the mother. The mother must still sign the application. |
IV. Special Circumstances
- Deceased Mother: If the mother is deceased, the maternal grandparents usually exercise substitute parental authority. A PSA Death Certificate of the mother and an Affidavit of Guardianship are required.
- Mother is Abroad: The mother must execute a Special Power of Attorney at the nearest Philippine Embassy or Consulate in the country where she is located, or have it "Apostillized" by the foreign government if she is in a non-consular area.
- Abandoned Minor: If the minor is under the care of the DSWD or an institution, a DSWD Clearance and a Court Order for legal guardianship may be necessary.
V. Key Legal Reminders
- The "Sole Authority" Rule: Even if the father provides financial support or has signed the birth certificate, he does not have the legal right to apply for the passport without the mother's written consent, unless he has obtained a court order granting him custody.
- Surname Usage: Under Republic Act No. 9255, illegitimate children may use the surname of the father if he has expressly recognized the child through the record of birth or a private handwritten instrument. However, this change of surname does not automatically grant the father parental authority for DFA purposes.