I. Overview

A Philippine passport application for a minor (below 18) is primarily governed in practice by Department of Foreign Affairs (DFA) rules on personal appearance and parental authority/consent, and in substance by Philippine family law principles on parental authority. When one parent is abroad, the application can still proceed—so long as the DFA is satisfied that the appearing parent/authorized representative has lawful authority and that the absent parent’s consent (when required) is properly documented, commonly through a Special Power of Attorney (SPA) and/or Affidavit of Support and Consent executed abroad and duly authenticated.

Because DFA documentary checklists are periodically updated, treat the requirements below as the standard framework and expect the DFA to request additional documents depending on the minor’s circumstances (legitimacy, custody arrangements, adoption, late registration, etc.).

II. Core Rules for Minor Passport Applications

A. Personal appearance is the default rule

The minor must appear in person at the DFA (or at a Philippine embassy/consulate abroad) for data capture (photo, biometrics), even if the minor is an infant.
At least one parent (or a person with legal authority over the minor) is generally required to appear with the minor, subject to exceptions discussed below.

B. Parental authority determines who must consent

Philippine family law recognizes parental authority as follows (high-level guide):

If the parents are married to each other (legitimate child): both parents generally share parental authority.
If the child is not legitimate (parents not married): parental authority is generally with the mother, unless a court order provides otherwise.
If a parent is deceased, unknown, or unable to exercise parental authority: proof and/or court documentation is typically required.
If a guardian applies: a court order of guardianship is usually necessary (a mere affidavit is often insufficient where guardianship is required).

In passport processing, the DFA focuses on who has the legal right to represent the minor and whether consent is adequately shown.

III. Standard Documentary Requirements for a Minor (Baseline)

While exact DFA lists may vary by location and policy updates, the “baseline set” typically includes:

Confirmed DFA appointment and printed application packet (for in-Philippines processing).
PSA-issued Birth Certificate (original and photocopy).
- If PSA copy is unavailable, the DFA commonly requires alternative civil registry documents plus supporting proof and may impose additional review.
Valid IDs of the appearing parent/authorized adult (original and photocopy) that establish identity and, ideally, relationship to the minor.
Proof of relationship between minor and accompanying parent (usually already reflected in the PSA birth certificate).
Minor’s supporting identity/school documents when applicable (e.g., school ID, certificate of enrollment, etc.), depending on age and DFA practice.
If applicable: PSA Marriage Certificate of parents (especially when parental authority/legitimacy questions arise), or other civil status records.

The DFA may also request additional documents depending on issues like late registration, discrepancies in names, dual citizenship, adoption, or custody disputes.

IV. When a Parent Is Abroad: The Practical Legal Problem

When one parent cannot appear because they are abroad, the DFA must still be assured of two things:

Authority to act: The adult who appears with the minor is legally authorized to submit the application and make representations.
Consent (when required): The absent parent’s consent is documented in a form acceptable to the DFA.

The typical solution is:

an SPA authorizing the appearing parent or another trusted adult to file/process the minor’s passport application; and/or
an Affidavit of Support and Consent (or similarly titled sworn statement) executed by the absent parent.

Which document(s) will be demanded depends on the DFA’s current checklist and the family situation. Many applicants bring both to avoid delays.

V. The SPA: What It Is and When It Matters

A. What an SPA does in this context

An SPA is a notarized written authority by which the absent parent (the principal) authorizes another person (the attorney-in-fact) to do specific acts—here, to process the passport application of the minor at the DFA, sign forms, submit documents, and receive notices when permitted.

B. When an SPA is typically used

You’ll commonly see an SPA required or highly useful in any of these setups:

Only one parent can accompany the minor, and the DFA wants explicit authority from the other parent.
Neither parent can appear, and a grandparent/relative accompanies the minor—an SPA is often necessary, though the DFA may still require proof of guardianship or additional documentation depending on circumstances.
Custody/authority is not obvious from the birth certificate, requiring paper proof of who is authorized to transact.

C. What an SPA does not replace

An SPA is not a universal substitute for:

a court order when a court order is legally necessary (e.g., guardianship in contentious cases, custody disputes, or when neither parent can exercise parental authority and a non-parent is applying); or
civil registry records (birth certificate, marriage certificate) establishing relationships and status.

VI. Executing an SPA Abroad: Authentication and Formalities

A. Where the SPA is executed

If the parent is abroad, the SPA is usually executed either:

Before a Philippine Embassy/Consulate (consular notarization), or
Before a local notary/public authority abroad, then made acceptable for use in the Philippines through proper authentication.

B. Authentication route (general rules)

Common authentication pathways are:

Consular notarization (Philippine Embassy/Consulate):
- The embassy/consulate notarizes or acknowledges the document, which is generally recognized for use in the Philippines.
Local notarization + Apostille / Authentication:
- If the country is a party to the Hague Apostille Convention, the document is commonly apostilled by that country’s competent authority, making it generally acceptable in the Philippines without further consular legalization.
- If the country is not an Apostille participant or local practice differs, the document may require consular legalization/authentication through the Philippine foreign service post.

C. Practical details that often matter at DFA

To avoid rejection/delay, applicants usually prepare:

Original SPA (not just a scan), plus photocopies.
Clear copy of the absent parent’s passport or valid ID (often attached as supporting identification).
If the SPA is in a foreign language: a certified English translation may be requested.
Ensure names, dates, and the minor’s details match PSA records exactly (or be ready with correction documents).

VII. What the SPA Should Say (Passport-Specific Clauses)

A DFA-friendly SPA is specific. It should include:

Full details of the principal (absent parent): name, citizenship, civil status, address abroad, passport/ID number.
Full details of the attorney-in-fact (authorized person): name, relationship to minor, Philippine address, ID details.
Full details of the minor: complete name, date/place of birth, PSA birth certificate reference if available.
Clear authority granted, such as:
- to submit and sign DFA passport application forms for the minor;
- to present the minor and submit supporting documents;
- to execute affidavits required by DFA in relation to the minor’s passport application (if needed);
- to claim/receive the passport if DFA allows release to an authorized representative (release rules can be strict and may require additional authorization).
Purpose limitation: specify it is for “processing and securing a Philippine passport for my minor child.”
Signature and proper notarization/consular acknowledgment, with date and place of execution.

Broad, vague SPAs (“to do all acts”) are more likely to be questioned than a targeted SPA.

VIII. Affidavit of Support and Consent: Why It’s Commonly Requested

Even with an SPA, DFA practice frequently prefers or additionally requires an Affidavit of Support and Consent (name varies), where the absent parent swears that:

they consent to the issuance of a passport to the minor,
they support the application,
they acknowledge the identity of the child and the appearing parent/representative.

This affidavit is executed abroad using the same authentication logic (consular notarization or apostille/legalization). Many applicants submit:

SPA (authority to transact) + Affidavit of Consent (substantive consent).

IX. Scenarios and Documentary Roadmaps

Scenario 1: Legitimate minor; mother in PH, father abroad (or vice versa)

Typical approach: minor appears with the available parent. Provide:

PSA Birth Certificate of minor
Parents’ PSA Marriage Certificate (often helpful)
Valid ID of appearing parent
SPA from abroad authorizing the appearing parent to process the minor’s passport, and/or
Affidavit of Support and Consent from the abroad parent

Key risk points: missing marriage certificate (when needed to clarify legitimacy), SPA not properly authenticated, inconsistencies in names.

Scenario 2: Illegitimate minor; mother available in PH; father abroad

In many cases, the mother’s appearance and consent suffice because parental authority generally rests with the mother for an illegitimate child, absent a court order to the contrary. However, DFA may still ask for documents depending on the record and circumstances (for example, if the father’s details are on the birth certificate, if there are custody issues, or if the accompanying adult is not the mother).

Practical approach: mother appears with minor and brings:

PSA Birth Certificate
Mother’s valid ID
Any supporting records that clarify status (if issues appear in the PSA record)

If DFA insists on father’s consent for a particular fact pattern, an authenticated Affidavit of Consent from the father may resolve it—but be prepared that the DFA may instead focus on the mother’s parental authority unless a court order indicates otherwise.

Scenario 3: Appearing adult is not a parent (grandparent, aunt/uncle, older sibling)

This is where documentation becomes strictest.

Possible requirements (often case-dependent):

PSA Birth Certificate of minor
IDs proving identity of the accompanying adult
SPA from the parent abroad authorizing that specific adult to process the passport
If both parents are unavailable or there is a custody issue: court order of guardianship or a custody order may be required
Additional proof linking the minor to the authorizing parent (civil registry documents)

Important: If neither parent can appear and no court order exists, the DFA may refuse processing until proper legal authority (guardianship/custody documentation) is presented.

Scenario 4: One parent deceased; other parent abroad or unavailable

Bring:

PSA Birth Certificate of minor
PSA Death Certificate of deceased parent
If the surviving parent is abroad: authenticated SPA/affidavit plus identity documents
If someone else is accompanying the minor: SPA plus possible guardianship documentation

Scenario 5: Parents separated / annulled / with custody order; one parent abroad

The controlling document is often the court order (custody/parental authority provisions).

Bring:

PSA Birth Certificate
Court decision/order (finality and certified copies if applicable)
Any required affidavits/SPAs consistent with the custody order
IDs of the accompanying parent/guardian

If the custody order grants sole parental authority to one parent, the DFA may allow processing based primarily on that order, but authentication and completeness are critical.

X. Step-by-Step: Best-Practice Process When a Parent Is Abroad

Identify the correct “authority holder” who will appear
- Ideally: the parent in the Philippines appears with the minor.
- If not possible: determine whether a non-parent needs a court order.
Prepare civil registry documents
- PSA Birth Certificate; marriage certificate if relevant; death certificate if relevant.
Execute abroad documents early
- SPA (and, ideally, Affidavit of Support and Consent).
- Have the document consular notarized or apostilled/legalized, as appropriate.
Align names and details
- Ensure the minor’s name, parents’ names, and dates match the PSA record.
- If there are discrepancies, prepare correction/supporting documents.
Bring originals and photocopies
- DFA transactions frequently require original documents for verification, with copies for submission.
Expect discretionary requests
- The DFA may ask follow-up documents depending on the evaluator’s findings (especially for non-standard family situations).

XI. Common Reasons for Delay or Rejection

SPA not properly authenticated (e.g., plain notarization abroad without apostille/consular action where required).
SPA too generic or missing passport-specific authority.
Mismatch in names (e.g., maiden vs married name inconsistencies without linking documents).
Unclear parental authority (especially when a non-parent accompanies the minor).
Missing civil registry documents (marriage/death records where relevant).
Scanned/photocopied SPA submitted without the original (often not accepted).
Language issues (foreign-language documents without a proper translation).

XII. Practical Drafting Tips for the Abroad Parent

Use the same spelling and full names as reflected in PSA documents (including middle names).
Include the minor’s full identity details and expressly mention “passport application with the DFA.”
Attach a copy of the abroad parent’s passport bio page to the SPA/affidavit.
If signing at a consulate, follow consular instructions on witnessing, IDs, and appointments.
If apostilling, confirm the apostille is issued by the proper authority and that the notarization chain is correct for that jurisdiction.

XIII. Interaction With Other “Minor Travel” Requirements (Avoiding Confusion)

A passport application is different from travel clearance requirements. For example:

A DSWD Travel Clearance is a separate requirement that may apply when a minor travels abroad under certain circumstances (e.g., traveling without parents), but it is not the passport itself.
Do not assume that having an SPA for the passport automatically resolves travel clearance issues later; they are evaluated under different rules.

XIV. Key Takeaways

A minor generally must appear personally, and the DFA needs clear proof of parental authority and consent.
When one parent is abroad, the most common solution is an SPA (authority to transact) and often an Affidavit of Support and Consent (substantive consent), both properly authenticated for use in the Philippines.
If the accompanying adult is not a parent, the DFA may require stronger legal authority, potentially including a court order of guardianship or custody documentation.
The most frequent problems are not the absence of the parent itself, but authentication defects, vague wording, and unclear parental authority based on the documents presented.