(Philippine legal context)

1) What “passport records” can mean

When people say “passport records,” they may be referring to different kinds of information held by government offices. In Philippine practice, requests usually fall into one or more of these categories:

The physical passport booklet that the deceased possessed (if it still exists and can be produced).
Passport issuance records (e.g., application history, dates of issuance/expiry, passport number, issuance site).
Application documents and supporting papers submitted to obtain the passport (e.g., birth certificate, IDs, photos, personal data forms).
Movement/immigration travel history (arrival/departure records) — this is not a DFA passport record, and is generally held by immigration authorities.
Authentication/verification of whether a passport is genuine or whether a passport number corresponds to a person (often sought for estate, benefits, or fraud issues).

Your strategy and the government office involved depend on which “record” you actually need.

2) The controlling principles in Philippine law

Even after death, access is not automatic. Requests are evaluated under overlapping rules:

A. Constitutional and civil law privacy interests

The Philippines recognizes privacy as a protected interest. Although a deceased person cannot personally assert all rights in the same way as a living person, the law and government practice still treat personal information as sensitive, and the State remains cautious about releasing identity records to prevent fraud, identity theft, and misuse.

B. Data privacy rules and “personal information”

Government agencies handling passport data are expected to protect personal information. In practice, disclosure often requires:

a legal basis (e.g., court order, statutory authority, or a recognized exception), and
proof that the requester has a legitimate interest (e.g., executor/administrator of the estate, compulsory heir, or a person with a direct legal claim).

C. The right to information vs. protected records

The constitutional right to information on matters of public concern does not automatically compel release of private, identifying passport application records. Passport files are typically treated as confidential/controlled because they are identity documents and are susceptible to fraud.

D. Evidence rules and court supervision

When passport records are needed as evidence (for probate, succession disputes, civil claims, or criminal matters), the most reliable route is compulsory process through the courts (e.g., subpoena duces tecum or production order), because agencies are more comfortable disclosing when a judge compels it and defines the scope.

3) Who is most likely to be granted access (standing)

In Philippine practice, the stronger your legal relationship to the deceased, the better your chances. Typical requesters include:

Judicially appointed estate representatives
- Executor (if there is a will and an executor is appointed/recognized).
- Administrator (if there is no will or the court appoints an administrator). These parties generally have the clearest authority to deal with the deceased’s documents.
Compulsory heirs / legal heirs Spouse, children (legitimate/illegitimate as recognized by law), parents (in some cases), etc. Being an heir helps, but agencies may still require proof of heirship (often through court papers or settlement documents).
A party with a direct legal claim Examples: an insurer processing a claim; a government benefits claimant; a creditor in an estate proceeding. Even then, agencies commonly ask for a court order or a narrowly tailored request.
Authorized representative with notarized authority A deceased person cannot sign a new authorization. So “SPA” routes are generally not applicable unless the authorization existed and remained legally usable for the specific purpose while the person was alive (and even then, agencies may reject it due to death and the personal nature of passport records).

Key point: The safest assumption is that passport application records are not “heir-accessible by default.” You usually need either (a) a recognized estate authority, or (b) court compulsion.

4) Which office holds what

A. Department of Foreign Affairs (DFA)

The DFA is the primary custodian of passport issuance and application-related records.

What the DFA may have (depending on retention and system changes):

passport number and issuance details
application file data
scanned supporting documents (depending on era/system)
biometric data (photograph, signature, potentially fingerprints depending on the passport system)

Biometric and identity-file material is treated as especially sensitive.

B. Bureau of Immigration (BI) and other border systems

If what you really need is a travel history (entries/exits), that is typically under immigration/border authorities, not DFA. Procedures, permissible requesters, and disclosure thresholds may differ and can be stricter.

C. Other agencies and indirect records

Sometimes the objective can be achieved without “passport records” by using:

PSA civil registry documents (birth, marriage, death records)
court records (probate/intestate proceedings)
notarized estate settlement instruments
foreign embassy/consular records (if death occurred abroad)
airline records (rarely accessible without court process)

5) Non-court request route (administrative request)

If you want to try a direct request first, the general approach is:

Step 1: Define the record and the purpose narrowly

Overbroad requests get denied. Instead of “all passport records,” specify what you need, such as:

verification of passport number and issuance date; or
certification that a passport was issued to a named person; or
certified true copy of a specific page/field, if that is all you need.

Step 2: Prepare core documents

Expect to compile:

Death certificate (to establish death).
Proof of identity of the requester.
Proof of relationship to the deceased (marriage certificate, birth certificate, etc.).
Proof of legal authority, if you have it:
- Letters testamentary / letters of administration; or
- court order recognizing administrator/executor; or
- documents showing you are the proper estate representative.
Affidavit explaining purpose and necessity, ideally notarized, stating:
- what exact record is sought,
- why it is needed,
- why the requester is legally entitled, and
- an undertaking that the information will be used only for the stated purpose.

Step 3: Make a written request addressed to the proper DFA office

A formal letter is preferable. Include:

full name of deceased, date/place of birth (if known), last known address
passport number (if known)
date of issuance/expiry (if known)
place where passport was issued (if known)
specific record requested
purpose and case context (estate settlement, probate, claims, correction of records, fraud investigation, etc.)

Step 4: Prepare for partial disclosure or refusal

Even if the DFA recognizes your standing, it may:

release only certifications (e.g., “issued/not issued,” “passport number,” “date issued”), rather than the full application packet;
redact sensitive details; or
require a court order for the application file and biometrics.

What is often easiest to obtain (relative): a certification of issuance details, when supported by death + relationship + legal purpose. What is hardest: the underlying application file, biometrics, and identity verification data.

6) Court-assisted route (most reliable for full records)

If the record is crucial and the agency resists, court process is usually the cleanest method.

A. In what kinds of cases courts compel production

Common contexts include:

probate/intestate proceedings and disputes on heirship
civil cases where identity, domicile, or travel is at issue
criminal cases (e.g., falsification, identity theft, fraud)
petitions involving citizenship/recognition, family law disputes, or correction of entries where passport evidence becomes relevant

B. Tools available

Subpoena duces tecum (to produce documents)
Request for production/inspection (in civil procedure settings)
Court order for certification of public records or production of specific documents
Deposition/records custodian testimony (if authenticity/chain is contested)

C. Drafting the request to avoid denial

Courts and agencies respond best to narrowly framed requests. Specify:

exact documents/data fields needed,
the time period,
the relevance to issues in the case, and
protective measures (e.g., sealed submission to court; limited viewing; redactions).

D. Practical benefits of court process

You avoid arguments about whether you personally have standing; the court’s order supplies the authority.
The court can balance privacy against necessity.
The record arrives with a clearer path to admissibility (certification, custodian, etc.).

7) Estate settlement considerations (why authority matters)

If you are obtaining records to settle an estate, understand the difference between:

A. Extrajudicial settlement (EJS)

Heirs sometimes settle without court when allowed, but government agencies may still require court-issued authority before releasing sensitive identity records. EJS is not always persuasive to agencies as a substitute for letters of administration.

B. Judicial settlement / administration proceedings

If you anticipate needing protected records, initiating or participating in judicial estate proceedings can provide the strongest basis for document access.

8) If the passport is in your possession: handling and verification

If a family member holds the physical passport, you may not need DFA records at all. But if you need proof of authenticity or issuance details:

You can request verification/certification of the passport particulars rather than the full file.
Keep the passport secure; identity documents can be misused even after death.
If there is suspected fraud (e.g., multiple passports, altered data), you may need a formal complaint and court process.

9) Common reasons requests get denied

No proof of authority (requester is “family” but not proven legally or lacks estate authority).
Overbroad request (“all records,” “complete file,” “biometrics”) without a compelling necessity.
Purpose not sufficiently tied to a legal need (curiosity, genealogy without legal basis, informal family disputes).
Inadequate identifiers (no passport number, uncertain identity).
Privacy and fraud risk (agency errs on the side of nondisclosure).
Record retention limits (older files may be archived, incomplete, or unavailable depending on the period).

10) How to increase the chance of a successful request

Ask for the least you need: Start with issuance certification, not the whole application file.
Attach authority papers: letters of administration/testamentary when available.
Show relevance: link the request to a specific proceeding or legally cognizable purpose.
Offer protective handling: request submission to court under seal or redaction.
Use consistent identifiers: full name, birth details, and passport number where available.

11) Special scenarios

A. Death abroad

If the person died outside the Philippines, you may need:

a reported death record (e.g., report of death) processed through consular channels, or
local foreign death documentation recognized for Philippine use. These documents can support your standing and purpose, but agencies may still insist on court authority for sensitive passport files.

B. Dual citizens / foreigners with Philippine passports

If the deceased held multiple nationalities, you may face cross-border privacy limits. Philippine agencies remain focused on Philippine legal authority; foreign processes do not automatically compel Philippine disclosure without appropriate Philippine legal footing.

C. Minors or legally dependent persons

When the deceased was a minor at the time of issuance, guardianship history and family law documents may be examined closely; however, death still shifts the inquiry toward estate authority and legal interest.

D. Fraud, identity theft, or falsification concerns

If the request is connected to suspected falsification, the best practice is often:

document the basis of suspicion,
consider filing a formal complaint with competent authorities, and
obtain records through investigative or court channels rather than ordinary administrative requests.

12) What “all there is to know” really boils down to

In Philippine context, obtaining a deceased person’s passport records is not a simple “request-and-release” matter. It is a controlled disclosure exercise driven by:

the sensitivity of passport identity data,
privacy and fraud prevention policy, and
proof of legal authority or a court directive.

If you only need confirmation of issuance details, an administrative request supported by death and relationship documents may sometimes work. If you need the application packet, supporting documents, or biometrics, the path that consistently works is court-assisted production, particularly when you act as (or through) an executor/administrator, or when the court itself orders the DFA to produce specific records for a pending case.