SPA for Minor Child’s Passport Renewal in the Philippines

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Thought for 1m 54s

SPECIAL POWER OF ATTORNEY (SPA) FOR A MINOR CHILD’S PASSPORT RENEWAL

Philippine legal and procedural guide – updated May 2025


1. What the SPA is and why the DFA insists on it

A Special Power of Attorney is a specific, notarised (or consular-notarised/Apostilled) mandate by which the person who has parental authority over the child (“the principal”) authorises another adult (“the attorney-in-fact”) to appear at the Department of Foreign Affairs (DFA) or any Philippine Foreign Service Post (FSP) to file, sign and/or claim the child’s passport. Section 5(g) of the New Philippine Passport Act (Republic Act 11983, 2024) expressly requires an SPA whenever someone other than either parent files the application of a minor.(Lawphil)


2. Governing legal framework

Source Key rule Practical effect
Civil Code, Art. 1878 A “special power” is mandatory for acts beyond ordinary administration. The SPA must be specific to passport application; a generic/“general” POA is rejected.(Respicio & Co.)
Family Code (Arts. 209-225) Identifies who holds parental authority. Tells the DFA who may sign the SPA (e.g., the mother alone for an illegitimate child).
RA 11983 (2024) Sec. 5(g) – non-parent filer must present an SPA; Sec. 12 – minor passports valid 5 years. Gives DFA a statutory basis to demand the SPA and limits validity of the passport.(Lawphil)
DFA 2025 Minor Renewal Rules Lists the situations that trigger an SPA and the documents that must be attached. Converts the law into front-line consular procedure.(Philippine Embassy in Hanoi)

3. When the DFA will require an SPA

  1. Neither parent can appear (e.g., both working overseas) and a relative/nanny brings the child.(Philippine Embassy in Hanoi)
  2. Only one parent is available but cannot come on appointment day – the absent parent executes the SPA in favour of the accompanying parent or a representative.(Philippine Embassy in Hanoi)
  3. Illegitimate child – if the mother (sole legal guardian) cannot appear, her SPA is mandatory.(Philippine Embassy in Hanoi)
  4. Guardianship, adoption, NACC cases or foundlings – the court-appointed guardian or NACC social worker issues the SPA.(Philippine Embassy in Hanoi)
  5. Passport release – to let someone other than the filing parent/guardian pick up the booklet.

No SPA is needed if at least one parent with legal authority is physically present.


4. Who may sign and who may be authorised

Child’s civil status Who executes the SPA Who may be attorney-in-fact
Legitimate Either parent Any Filipino/foreign adult (18 +) with valid ID
Illegitimate Mother only (unless a court gives custody to father) Same
Orphan / court-appointed guardian Guardian Same
Prospective adoptee / foundling NACC or guardian named in court order Designated social worker

The attorney-in-fact must appear in person and bring the SPA original plus photocopies of both the principal’s and the agent’s valid IDs.(Philippine Embassy in Hanoi)


5. Minimum content the DFA looks for

  1. Title: “SPECIAL POWER OF ATTORNEY”.
  2. Parties’ full names, citizenship, addresses.
  3. Specific authority (e.g., “to accompany and represent my minor child ___ in applying for and claiming his/her Philippine passport”).
  4. Child’s details – full name and date of birth (and current passport no. if renewing).
  5. Validity clause (e.g., “valid for six months or until the passport is released, whichever comes first”).
  6. Notarial/consular acknowledgement block.
  7. Principal’s signature before the notary/consul.

The DFA posts a fillable two-page template that already meets these tests.


6. Notarisation, Apostille or consularisation

Where the parent is Step 1 Step 2 Use in PH
Philippines Sign before any Philippine notary Present original to DFA
Apostille-member country Sign before local notary Apostille at competent authority DFA accepts directly (no “red ribbon”)
Non-Apostille country Sign before Philippine Embassy/Consulate Consul notarises DFA accepts directly

Since 14 May 2019 the Philippines recognises Apostilles; “red ribbons” were discontinued.(Respicio & Co.)


7. Documents you must hand to the DFA together with the SPA

  • Minor’s confirmed online appointment print-out (or access to the Courtesy Lane if 7 y/o ↓).
  • Accomplished passport application form.
  • Child’s current ePassport (for renewal) + photocopy of the data page.
  • Original SPA + 1 photocopy.
  • Photocopy of the principal’s passport/valid ID and the attorney-in-fact’s ID.
  • PSA Birth Certificate of the child (original).
  • Case-specific papers (e.g., marriage certificate, death certificate of a parent, court order on custody or guardianship).(Philippine Embassy in Hanoi)

8. Step-by-step procedure for the authorised companion

Stage What happens Tips
A. Before the appointment Book slot, courier the original SPA from abroad if necessary. Give the SPA a buffer of at least two weeks for delivery.
B. Application day Child & attorney-in-fact appear; queue for minors/solo parent lane; submit docs; biometrics. Bring a second copy of every document; dress the child in a collar for photo.
C. Payment & receipt Pay renewal fee (Php 950 regular / Php 1 200 expedited) or local Post pricing abroad. Keep official receipt – number will be needed at release.
D. Releasing 30 days window to pick up booklet. If another person will claim, he/she must carry either the same SPA or a new SPA dated within the last 12 months. Unclaimed after 6 months → passport is cancelled.

9. Special scenarios & work-arounds

  • Both parents abroad; child in PH: Send the Apostilled SPA + parent’s passport copy by courier; authorised grandparent accompanies the child.
  • Solo parent with custody order: Present the court order or Solo-Parent ID; no SPA needed if that parent appears.
  • Father wants to sign for an illegitimate child: Not allowed unless he has a court-issued custody order.
  • Child under foster care or NACC supervision: The guardian/NACC officer issues the SPA naming the social worker who will accompany the child.
  • Parent is deceased: Provide PSA Death Certificate; surviving parent may appear without SPA, or issue an SPA to another adult.

10. Common pitfalls (and how to avoid them)

Pitfall Why it fails Fix
Generic or “broad” SPA DFA insists on child-specific authority. Include child’s full name & DOB and explicit passport authority.
SPA executed abroad but not Apostilled/consularised Fails authentication. Get Apostille or consular notarisation before mailing.
No copy of parent’s ID attached Rule since 2022. Staple clear passport/ID copy to the SPA.
E-mailed or scanned SPA only DFA needs wet-ink original. Courier the original.
Father signs for illegitimate child without custody No parental authority. Mother (or guardian via court order) must sign.

11. Sample clause you can adapt

“I, Maria R. Santos, Filipino, of legal age, married, presently residing at 123 Bukit Timah Rd., Singapore, hereby appoint Juan C. Santos, Filipino, of legal age, residing at 45 Mabini St., Quezon City, to be my true and lawful attorney-in-fact, to represent and accompany my minor son LUCAS R. SANTOS (born 15 June 2020) in applying for and claiming his Philippine passport before the Department of Foreign Affairs, to sign all forms, submit documents, pay fees, and receive the passport booklet on my behalf. This SPA is valid for six (6) months or until the passport is released, whichever occurs first.”

(Insert notarial/consular acknowledgement block.)


12. Frequently-asked questions

Question Short answer
Can the SPA and an Affidavit of Support & Consent be combined? Yes, many notaries merge them, but make sure the SPA language is clear.(Respicio & Co.)
Does the SPA need a “red ribbon”? No. Apostille or consular notarisation is enough.(Respicio & Co.)
May I name two grandparents as agents? Yes, state they may act jointly and severally to avoid confusion.
Is the child excused from personal appearance because of the SPA? No. Minors must appear for photo and biometrics even when an SPA is submitted.
What if the child turns 18 before the passport is released? The SPA becomes moot; the new adult must claim personally or file a fresh adult application.(Respicio & Co.)

13. Key take-aways

  • Use the DFA template, fill every blank, and attach ID copies.
  • Authenticate properly – notarise in PH, Apostille if abroad, or have it consularised.
  • Ship the wet-ink original to the attorney-in-fact well before the appointment.
  • Double-check that the representative also carries his/her own valid ID and the child’s PSA birth certificate.
  • Keep an extra copy of the SPA for passport release.

By matching the correct signer, wording, and authentication method with the DFA’s 2025 rules, an SPA will sail through the counter—and your child will get a renewed passport without delays.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.