In the Philippines, the protection of children from trafficking and exploitation is a paramount state concern. To this end, the Department of Social Welfare and Development (DSWD) mandates a specific legal requirement known as the Travel Clearance for minors traveling abroad under specific circumstances.
Understanding these requirements is crucial for a smooth departure and, more importantly, for the legal protection of the child.
What is a DSWD Travel Clearance?
A DSWD Travel Clearance is a document issued by the Department of Social Welfare and Development attesting that a minor (a person below 18 years of age) is authorized to travel abroad for a specific purpose and duration, accompanied by a person other than their parents or legal guardians.
When is a Travel Clearance Mandatory?
Under current Philippine laws and DSWD guidelines, a travel clearance is required if:
- A minor is traveling alone to a foreign country.
- A minor is traveling with a person other than their parents. This includes traveling with grandparents, aunts, uncles, siblings (even if of legal age), or any other third party.
- The minor is illegitimate and traveling with the father. Under Philippine law, the mother exercises sole parental authority over an illegitimate child. Therefore, the father is legally considered a "non-parent" for travel clearance purposes unless he has been granted legal guardianship by a court.
Note: A travel clearance is not required if the minor is traveling with either the father or the mother (provided the child is legitimate), or with the legal guardian.
Documentary Requirements for Application
To secure a Travel Clearance for a minor traveling with a non-parent, the following documents must typically be submitted to the DSWD Field Office:
- Application Form: Duly accomplished and notarized.
- Birth Certificate: A certified true copy of the minor's PSA (Philippine Statistics Authority) Birth Certificate.
- Affidavit of Support and Consent: A notarized document executed by the parents (or the mother, if the child is illegitimate) authorizing the minor to travel with a specific person to a specific destination. It must state that the parents will provide financial support for the trip.
- Identification of Parents: Photocopies of valid government-issued IDs of the parents with specimen signatures.
- Identification of the Traveling Companion: Photocopy of the passport and valid ID of the person accompanying the minor.
- Photos: Two (2) recent passport-sized photos of the minor.
- Fee: Payment of the processing fee (currently PHP 300.00 for 1 year validity or PHP 600.00 for 2 years).
Additional Requirements for Specific Situations:
- If a parent is deceased: PSA Death Certificate of the deceased parent.
- If parents are abroad: The Affidavit of Support and Consent must be authenticated or "apostilled" by the Philippine Consulate/Embassy in the country where the parent resides.
- For Minors under Special Circumstances: Orphans or those with pending adoption cases require additional court clearances or certifications from the DSWD.
The Application Process
- Preparation: Gather all original documents and photocopies.
- Submission: Visit the nearest DSWD Field Office or Satellite Office. Many offices now allow for initial online applications or appointment scheduling.
- Interview: A social worker may conduct a brief interview with the minor and the traveling companion to ensure the legitimacy of the travel.
- Issuance: If all documents are in order, the clearance is typically issued within 3 to 5 working days.
Validity and Use
- Validity: The clearance is usually valid for one (1) to two (2) years from the date of issuance, depending on the application. However, it can only be used for a single trip unless specified as a "multiple travel" clearance.
- Airport Inspection: The original Travel Clearance must be presented to the Bureau of Immigration (BI) officer at the airport upon departure. Failure to produce this document will result in the minor being barred from boarding the flight.
| Scenario | Clearance Required? | Key Document Needed |
|---|---|---|
| Legitimate child with Mother | No | PSA Birth Certificate |
| Legitimate child with Father | No | PSA Birth Certificate |
| Illegitimate child with Mother | No | PSA Birth Certificate |
| Illegitimate child with Father | Yes | DSWD Travel Clearance |
| Child with Grandparent/Aunt | Yes | DSWD Travel Clearance |
| Child traveling alone | Yes | DSWD Travel Clearance |
Important Legal Reminders
The DSWD Travel Clearance is a vital safeguard against Republic Act No. 9208 (Anti-Trafficking in Persons Act of 2003). Carrying the clearance ensures that the minor's movement is known to the state and has been vetted for their safety.
Travelers are advised to apply for the clearance at least two weeks before the scheduled flight to avoid any delays or complications during the immigration process.