I filed a criminal complaint for RA 9262 against my ex-partner. Unfortunately, we found out that he is already in Qatar. Is it possible to have him deported to the Philippines or cancel his passport?
Deportation is defined as an administrative means in which a foreigner who is sojourning or residing in a foreign country is removed or deported to his own country after being adjudged by competent authority to be in violation of immigration laws or has been declared a clear and present danger to the tranquility of the community where he is (An Outline of Philippine Immigration and Citizenship Laws, Vol. 1 (2006 Ed) by Ronaldo P. Ledesma, page 284). The power to deport a foreigner is an inherent and exclusive authority of the foreign country in which he is in. Hence, only the government of Qatar may decide whether your ex-partner, who is a foreigner in their territory, may be deported to the Philippines. As the grounds in deporting a foreigner may vary for every country, we suggest that you contact the embassy of Qatar here in the Philippines to inquire whether it is possible to have your ex-partner deported given your situation.
As to your question regarding the possibility of cancelling the passport of your ex-partner, it should be highlighted that every Filipino has a constitutional right to travel, whether it be in or out of the Philippines. A person’s right shall not be impaired except in the interest of national security, public safety or public health, as may be provided by law (Section 6, Article III, 1987 Constitution). Considering the importance of passport in exercising one’s right to travel outside the Philippines, it may be cancelled only in any of the grounds provided in Section 8(b) of Republic Act (R.A.) No. 8239 or the Philippine Passport Act of 1996, to wit:
Section 8. Grounds for Denial, Cancellation or Restrictions. – xxx
1. When the holder is a fugitive from justice;
2. When the holder has been convicted of a criminal offense: Provided, that the passport may be restored after service of sentence; or
3. When a passport was acquired fraudulently or tampered with.
Hence, your ex-partner’s passport may be cancelled if any of the aforementioned grounds is present.
We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Editor’s note: Dear PAO is a daaily column of the Public Attorney’s Office. Questions for Chief Acosata may be sent to email@example.com