In the Philippine legal landscape, the process of securing a passport for a minor whose father is "unknown" on their Birth Certificate is governed by the Philippine Passport Act of 1996 (R.A. 8239) and its implementing rules, alongside the provisions of the Family Code of the Philippines.
When a birth certificate indicates "Unknown" or is silent regarding the father's identity, the child is legally classified as an illegitimate child. Under Article 176 of the Family Code, illegitimate children are under the sole parental authority of the mother. This legal reality simplifies the documentary requirements in some respects while necessitating specific proofs of filiation and authority.
Core Documentary Requirements
To apply for a passport at the Department of Foreign Affairs (DFA), the following documents are mandatory for minors in this specific situation:
- PSA Birth Certificate: An original copy of the Birth Certificate issued by the Philippine Statistics Authority (PSA). This document serves as the primary proof of Philippine citizenship and the legal basis for the child's status. The "Father" section must clearly be blank or marked as "Unknown."
- Accomplished Application Form: The minor’s application must be filled out, typically by the mother.
- Personal Appearance: Both the minor and the mother must appear in person at the DFA office.
- Valid ID of the Mother: The mother must present a government-issued ID (e.g., UMID, Driver’s License, PhilID, or her own valid Passport).
Proving Sole Parental Authority
Because the father is unknown, the law automatically grants the mother full legal custody and authority. Consequently, unlike applications involving legitimate children or acknowledged illegitimate children, the following are not required:
- Affidavit of Consent from the Father: Since there is no legal father on record, no consent from a male parent is necessary.
- Marriage Certificate: Obviously, no marriage certificate is provided since the child is illegitimate and the father is unknown.
Note: The DFA recognizes the mother's sole authority based on the PSA Birth Certificate alone. If the father is unknown, the mother's signature on the application form is sufficient to authorize the issuance of the passport.
Handling the Surname of the Minor
The surname appearing on the passport will strictly follow the surname indicated on the PSA Birth Certificate.
- Mother's Surname: By default, an illegitimate child with an unknown father uses the mother’s surname.
- R.A. 9255: If the father were to later acknowledge the child, the surname could be changed via an Affidavit to Use the Surname of the Father (AUSF). However, if the father remains "unknown," the child must use the mother's maiden surname.
Special Circumstances
1. If the Mother is Abroad
If the mother cannot personally accompany the minor, she must provide a Special Power of Attorney (SPA).
- If executed abroad, the SPA must be authenticated by the Philippine Embassy or Consulate (or contain an Apostille if the country is a member of the Hague Convention).
- The SPA must authorize a specific representative (usually a grandparent or guardian) to facilitate the application.
2. If the Minor is under the Care of a Guardian
In cases where the mother is absent or deceased and the father is unknown, a DWSWD Clearance or a Court Order granting guardianship may be required to prove that the person accompanying the minor has the legal right to do so.
3. Delayed Registration
If the PSA Birth Certificate was registered late (Late Registration), the DFA may require additional supporting documents, such as:
- Baptismal Certificate
- School Records (Form 137)
- Medical records from the time of birth
Comparison Table: Known vs. Unknown Father
| Requirement | Father is Known/Acknowledged | Father is Unknown |
|---|---|---|
| Parental Authority | Shared (if married) or Mother (if not) | Solely the Mother |
| Father's Consent | May be required if the child uses his name | Not Required |
| ID of Father | Often requested for verification | Not Required |
| Birth Certificate | Displays Father's Name | Father's Name is Blank |
Summary of the Process
The DFA’s primary concern in these cases is ensuring that the person accompanying the minor has the legal right to represent them. When the Birth Certificate lists the father as "Unknown," the legal presumption of the mother’s sole authority is absolute under Philippine law. As long as the mother is present with a valid ID and the PSA Birth Certificate confirms the "Unknown" status, the application generally proceeds without the need for additional affidavits regarding the father's absence.