In the Philippines, securing a passport for a minor is a process governed by the Philippine Passport Act and the implementing rules of the Department of Foreign Affairs (DFA). When the parents are separated, the process becomes more nuanced, as the legal status of the parents’ relationship and the custody of the child dictate the specific documentary requirements.

Understanding these requirements is crucial to avoid delays or denials at the consular office.

1. The General Rule: Parental Consent

Under Philippine law, a minor (any individual under 18 years of age) cannot apply for a passport alone. The DFA requires the consent of a parent or a legal guardian. For separated parents, the requirements vary depending on whether the child is legitimate or illegitimate.

2. Scenario A: Legitimate Children (Parents were Married)

If the parents were legally married but are now de facto separated (living apart without an annulment), they generally share joint parental authority.

Who can accompany the minor? Either the mother or the father can sign the application and accompany the child.
Key Document: A Marriage Certificate issued by the Philippine Statistics Authority (PSA).
Required IDs: The accompanying parent must present a valid Government-issued ID.
Special Case: If the mother is applying and she has resumed using her maiden name due to a legal separation or annulment, the relevant court decree must be presented.

3. Scenario B: Illegitimate Children (Parents were Never Married)

Under Article 176 of the Family Code of the Philippines, illegitimate children are under the sole parental authority of the mother.

Who can accompany the minor? Only the mother’s consent is legally required. The father’s consent is not necessary for the passport application, even if the father has "recognized" the child on the birth certificate.
Key Documents: * PSA Birth Certificate showing the "Illegitimate" status.
The mother's valid Government-issued ID.
If the mother is unavailable: If the mother is working abroad or otherwise unable to accompany the child, she must provide a Special Power of Attorney (SPA), authenticated or apostilled by the Philippine Embassy/Consulate if executed abroad, authorizing a representative (usually a grandparent or sibling) to process the application.

4. When There is a Legal Custody Dispute

If there is a standing Court Order granting "Sole Custody" to one parent, the DFA will strictly follow that order.

If the court granted custody to the father (in cases where the mother is deemed unfit), the father must present the Certified True Copy of the Court Decision and the Certificate of Finality.
In the absence of a court order, the DFA defaults to the Family Code (Mother's authority for illegitimate; joint authority for legitimate).

5. Common Documentary Requirements for All Minors

Regardless of the parents' status, the following must be brought to the DFA appointment:

Confirmed Online Appointment.
Accomplished Application Form.
PSA Birth Certificate (Original and photocopy).
School ID or Certificate of Enrolment (with the child's photo and school seal).
Personal Appearance of the minor and the accompanying parent/authorized representative.

6. The DSWD Clearance (Travel vs. Passport)

It is important to distinguish between applying for a passport and travelling abroad.

Passport Application: Generally does not require a Department of Social Welfare and Development (DSWD) clearance if the minor is accompanied by a parent.
Travel: If a minor is travelling abroad with someone other than their parents (or with only one parent if the other has legal custody rights), a DSWD Travel Clearance may be required to prevent child trafficking.

Summary Table for Separated Parents

Status of Child	Parental Authority	Required Consent
Legitimate	Joint (Father & Mother)	Either parent can sign/accompany.
Illegitimate	Sole (Mother)	Only the Mother; Father's consent is not required.
With Court Order	Designated Legal Guardian	The parent/guardian named in the Court Decree.

Note: The DFA reserves the right to ask for additional documents if the applicant's identity or the parent's authority is in doubt. Always ensure that PSA documents are clear and readable.

Would you like me to draft a Special Power of Attorney (SPA) template that a parent can use if they are unable to personally accompany the minor to the DFA?