Navigating the departure of a minor from the Philippines is a rigorous process governed by strict anti-trafficking and child protection laws. For dual citizens—those holding both a Philippine passport and a foreign passport—the requirements are specific and depend heavily on whether the child is traveling with parents or alone.
1. The Core Requirement: Proof of Citizenship
Under the Philippine Dual Citizenship Law (R.A. 9225), dual citizens are treated as Filipino citizens while in the country. To exit the Philippines without being treated as a foreign tourist (who might face overstaying fees), the minor must present:
- A Valid Philippine Passport: This is the primary document used to exit the country as a Filipino.
- Identification Certificate (IC): Issued by the Bureau of Immigration (BI), this serves as proof of dual citizenship if the minor does not have a Philippine passport.
- Foreign Passport: Used for entry into the destination country.
2. The Travel Clearance (DSWD)
The most common point of confusion is the Travel Clearance issued by the Department of Social Welfare and Development (DSWD). Under the Special Protection of Children Against Abuse, Exploitation and Discrimination Act (R.A. 7610):
When is a DSWD Travel Clearance NOT required?
- Traveling with both parents: No clearance is needed.
- Traveling with the mother: Even if the parents are unmarried, the mother usually has sole parental authority under the Family Code.
- Dual Citizens residing abroad: If the child is a permanent resident of another country and is just visiting the Philippines, they are generally exempt, provided they present their foreign residency cards or proof of residence.
- Holders of a Valid Philippine Passport: If the child is traveling with at least one parent, no DSWD clearance is required.
When IS a DSWD Travel Clearance required?
- Traveling alone: Even if they have a Philippine passport, a minor (under 18) traveling alone needs a clearance.
- Traveling with someone other than a parent: This includes grandparents, aunts, uncles, or older siblings.
- Illegitimate children traveling with the father: Under Philippine law, the mother has sole parental authority; thus, a father may need to show proof of authority or a clearance unless the child has been "legitimated" or there is a court order.
3. Bureau of Immigration (BI) Protocols
The Bureau of Immigration requires specific documents to ensure the minor is not being trafficked.
Essential Exit Documents:
| Document | Purpose |
|---|---|
| Philippine Passport | To exit as a Filipino citizen and avoid "Visa Waiver" or overstaying issues. |
| Birth Certificate (PSA) | To prove filiation (relationship) to the adult accompanying them. |
| Valid Foreign Passport | For entry into the destination country. |
| Affidavit of Support and Consent | Required if one or both parents are not traveling with the child; must be notarized or authenticated by a Philippine Consulate if the parent is abroad. |
4. The "ECC" (Emigration Clearance Certificate)
Generally, Filipino citizens (including dual citizens using a Philippine passport) do not need an ECC. However, if the dual citizen minor has stayed in the Philippines for six months or more using only their foreign passport, they are treated as a foreign national and must secure an ECC from the Bureau of Immigration before departure.
5. Practical Checklist for Departure
To ensure a seamless process at the Ninoy Aquino International Airport (NAIA) or other international ports, parents should prepare the following:
- Dual Travel: Present the Philippine passport to the BI officer first to establish the right to travel as a citizen.
- Original PSA Birth Certificate: Digital copies are often rejected; carry the original or a certified true copy.
- Parental Presence: If both parents are not present, ensure the Affidavit of Support and Consent is ready and matches the details in the DSWD clearance (if applicable).
- Check-in Protocol: Ensure the name on the airline ticket matches the passport being used for the destination country to avoid issues at the check-in counter.
6. Important Legal Note
The Philippine government maintains a "strict compliance" policy regarding minors. Even minor discrepancies in documentation can lead to a "deferred departure" (being barred from boarding). It is always recommended to verify the current "List of Requirements" on the official DSWD or Bureau of Immigration websites at least 30 days prior to travel, as administrative circulars may update these rules without prior public notice.