Executive Summary

In Philippine law and practice, a passport is government property issued to the holder for proof of identity and nationality and to facilitate travel. Overseas employment agencies may not keep (confiscate/withhold) a worker’s passport as leverage for fees, control, or discipline. At most, an agency may temporarily hold a passport with the worker’s informed, written consent and only for a legitimate purpose (e.g., visa stamping), with prompt return after processing. Prolonged or coercive retention can be an administrative offense (ground to suspend or cancel the agency’s license), and depending on context, may constitute illegal recruitment or even human trafficking (when passports are taken to control movement or exploit workers).

Legal Foundations and Policy Rationale

Passport as Government Property. Under the Philippine Passport Act, a passport remains property of the Philippine Government and must be used and safeguarded under rules of the issuing authority. The bearer has the right to its possession and use, subject to law; private entities have no proprietary right to keep it.
Right to Travel and Liberty of Movement. The Constitution recognizes the right to travel, limited only by law. Taking a passport to restrain a worker’s movement, especially to compel labor or payments, impairs protected liberties.
Migrant Workers Protection Regime. The Migrant Workers and Overseas Filipinos Act (as amended) and its implementing rules (now under the Department of Migrant Workers, DMW) prohibit acts that impair or diminish worker rights, including the withholding of travel documents. DMW’s licensing framework treats passport retention for control or leverage as a serious violation.
Anti-Trafficking Framework. The Anti-Trafficking in Persons law (as amended) recognizes confiscation or withholding of identity/travel documents as a means of trafficking or indicator of exploitation. When retention is used to force service, debt bondage, or restrict movement, criminal liability may attach.

What Qualifies as Unlawful Retention

An overseas employment agency (or its staff, liaison, or partner clinic/processor) engages in unlawful retention when it:

Keeps the passport beyond what is reasonably necessary for a legitimate processing step (e.g., keeps it for weeks/months after visa release without valid reason).
Refuses return upon demand by the worker, or conditions return on payment of fees/penalties, surrender of resignation, or performance of unrelated obligations.
Uses the passport as collateral for loans, training costs, “bond,” placement fees, or to prevent job transfer/exit.
Retains without informed, written consent, or after consent is revoked.
Delegates custody to third parties (e.g., a dorm warden) without authority and effective safeguards against loss/misuse.
Collects passports in bulk under a blanket “policy,” rather than case-specific, time-bound handling tied to an active transaction.

Rule of thumb: If the purpose is control (notarized “undertakings,” bundling passports in a safe “until deployment,” preventing exit, or leveraging payments), it is presumptively unlawful.

Narrow, Allowed Custody: The Exception, Not the Rule

Temporary custody can be lawful only if all the following are present:

Legitimate, specific purpose: e.g., embassy/consulate visa stamping, medical clearance annotation, biometric appointment, ticket issuance check (where original passport presentation is required).
Informed, written consent from the worker that:
- identifies the purpose, receiving staff, and date received,
- states a clear return date or return trigger (e.g., “within 2 business days from visa pick-up”),
- includes an inventory/acknowledgment receipt (passport number, date, condition).
Secure handling: locked storage, limited access, no unauthorized photocopying or data extraction beyond the transaction.
Immediate return once the purpose is accomplished—or earlier upon demand if the worker withdraws consent or needs the passport for a lawful purpose.

Best practice alternatives:

Use photocopies/clear scans for routine tasks.
Arrange worker-present appointments (the worker brings the passport, the agency does not take custody).
If courier return from an embassy is required, ship directly to the worker where feasible.

Overseas Context (After Deployment)

Foreign employers and on-site supervisors likewise must not keep original passports to control workers. Many host countries ban employer retention of worker passports; Philippine standards require licensed agencies to police their principals.
Seafarers: International maritime standards (e.g., MLC, 2006) expect that seafarers retain their identity documents; if the master holds them briefly for formalities, access must be unrestricted and return prompt.

Administrative and Criminal Exposure

Administrative (DMW licensing regime)

Grounds for suspension/cancellation of the agency license;
Fines and directives to return documents and correct practices;
Blacklist/disciplinary action against responsible officers/liaisons.

Possible Criminal Liability (fact-dependent)

Illegal recruitment (especially when coupled with fee over-collection, misrepresentation, or non-deployment);
Trafficking in persons (if retention is a means to coerce labor, exact services, or restrain liberty);
Theft/robbery or coercion analogs in extreme cases (e.g., forcible taking).

Worker Remedies and Practical Steps

Ask for immediate return in writing.
- Deliver a written demand (email or letter) referencing your passport number and the date the agency received it.
- State a reasonable deadline (e.g., “by 5:00 PM tomorrow” or “within 24 hours of receipt”).
Escalate promptly if refused.
- DMW (Licensing & Adjudication/Enforcement) for administrative action;
- IACAT/PNP/NBI if there are coercion, threats, trafficking indicators, or confinement;
- DFA for guidance and, in emergencies abroad, Embassy/Migrant Workers Office (MWO) support.
Preserve proof.
- Keep the acknowledgment slip, emails, texts, CCTV references, and names of staff who received the passport.
- Document calls and visits (date/time/summary).
Consider protective measures.
- If employment will proceed but you fear retention, insist on worker-present handovers for visa pickup; carry certified scans; avoid leaving the original except at the embassy/VAC window.
If overseas and the employer holds your passport:
- Request return in writing; copy the MWO/Embassy and cite that Philippine and many host-country rules prohibit employer retention.
- If at risk, seek safe accommodation and official assistance; never attempt forcible retrieval that can endanger you.

Documentation You Should Use

A. Passport Custody Acknowledgment (for brief, lawful holding)

Worker name, passport number, date/time received;
Specific purpose (e.g., “UAE visa stamping, File #____”);
Return date/trigger;
Storage location and responsible officer;
Worker’s right to withdraw consent and demand immediate return;
Agency signature/stamp and worker signature.

B. Demand for Return (short form)

Date Agency Name / Address Subject: Immediate Return of Passport No. [________] I demand the immediate return of my passport, which your staff received on [date] for [purpose]. The stated purpose has been completed / is not a valid ground for continued custody. Please release the passport to me by [deadline]. Signed: [Name / Contact]

Frequently Asked Questions

Q1: The agency says it’s “company policy” to hold passports until deployment. Is that okay? No. Blanket policies to hold passports are not allowed. Only narrow, time-bound custody with consent for a specific processing step is acceptable.

Q2: They claim the passport is “collateral” for my training loan. Not lawful. A passport cannot be used as collateral. If needed, use post-dated checks or standard loan contracts—never a passport.

Q3: I signed a form allowing them to hold my passport indefinitely. Am I stuck? No. Consent must be informed, specific, and revocable. You may withdraw consent and demand the passport’s return. Indefinite, adhesive consents are invalid in policy and vulnerable in law.

Q4: The agency lost my passport. What now? They must assist and shoulder reasonable costs to replace it (police report, affidavit of loss, DFA processing, visa re-issuance where applicable) and may face administrative sanctions for mishandling.

Q5: Can I complain even if I’m still not deployed? Yes. Pre-deployment coercion via passport retention is actionable. You need not wait for deployment or for a contract breach to occur.

Compliance Checklist for Agencies

Never collect passports by default.
If custody is unavoidable: written consent, specific purpose, time limit, acknowledgment receipt, immediate return.
No conditioning of return on fees or resignations.
Secure storage and minimal access; log every movement.
Educate principals abroad: no employer retention; ensure contracts and orientations ban the practice.
Discipline staff who violate the rule; self-report incidents to DMW and cooperate in remediation.

Red Flags of Coercive Retention

“We keep everyone’s passports until flight.”
“Pay the balance first, then you get it back.”
“Sign this quitclaim or we won’t return it.”
“Your passport stays here for ‘security’ in the dorm.”
“You can see it but we cannot release it.”

Any of the above justify immediate demand, documentation, and escalation.

Bottom Line

Default rule: An overseas employment agency must not retain a worker’s passport.
Exception: Short, consent-based, purpose-specific custody (e.g., visa stamping), with prompt return and full documentation.
Enforcement: Unlawful retention triggers administrative sanctions and can escalate to criminal liability when used to coerce or exploit.
Action: Workers should demand return in writing, document interactions, and escalate to DMW/Embassy/IACAT if the passport is not released at once.

This article provides general guidance on Philippine practice concerning passport retention by overseas employment agencies. For concrete situations, review your receipts/forms and seek tailored advice or immediate assistance from the DMW or the nearest Philippine Embassy/MWO.