When a passport can be cancelled

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Persida Acosta

Persida Acosta

Dear PAO,
My ex live-in partner is threatening me that she will request for the cancellation of my passport if I will refuse to give her monthly support. Will my passport be cancelled based on her request?
Al

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Dear Al,
A passport is a document issued by the Philippine government to its citizens and requesting other governments to allow its citizens to pass safely and freely, and in case of need to give him/her all lawful aid and protection (Section 3(d), Republic Act [R.A.] No. 8239). Being the primary document used by a Filipino in exercising his right to travel outside the country, a person’s passport may only be restricted or cancelled based on grounds provided by law.

The Secretary of Foreign Affairs shall have the authority to issue, deny, restrict or cancel passports. In the interest of national security, public safety and public health, the Secretary or any of the authorized consular officers, after due hearing and in their proper discretion may refuse to issue a passport, or restrict its use or withdraw or cancel a passport: Provided, however, That such act shall not mean a loss or doubt on the person’s citizenship: Provided, further, That the issuance of a passport may not be denied if the safety and interest of the Filipino citizen is at stake: Provided, finally, That refusal or cancellation of a passport would not prevent the issuance of a Travel Document to allow for a safe return journey by a Filipino to the Philippines (Section 4, R.A. No. 8239).

Section 2 of the Implementing Rules and Regulations of R.A. No. 8239 specifically provides for the grounds for the cancellation of passport, to wit:

“SECTION 2. A passport may be cancelled for the following reasons:

a)    upon conviction by the holder of a criminal offense. The passport may be restored after service of sentence;

b)    upon a finding by the Secretary or his authorized representative or consular officer that a passport was secured through fraud or misrepresentation, or that it has been tampered with subsequent to its release or issuance to its holder;

c)    upon lawful order of the court to hold the departure of an applicant because of a pending criminal case.”

Hence, even if your former live-in partner filed a request for the cancellation of your passport, the same will not be cancelled in the absence of any of the aforementioned grounds.

We hope that we were able to answer your query. Please be reminded that this advice is based solely on the facts that 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 daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net

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