Omnibus Guidelines for Minors Travelling Abroad (Amendment to Administrative Order No. 19, Series of 2004)

July 29, 2005

DSWD ADMINISTRATIVE ORDER NO. 014-05

 

Administrative Order No. 19, Series of 2004 or the Amended Omnibus Guidelines for Minors Travelling Abroad is hereby revised for clarity and easy reference. This is once again amended in conformity with the existing requirements of other partner agencies and to respond to issues and concerns based on the actual experiences of the field implementers and other stakeholders. DACTSa

This guideline henceforth, provides direction and guidance for the issuance of Travel Clearance/Parental Travel Permit to Minors Travelling Abroad.

I. Legal Bases:

1. The UN Convention on the Rights of the Child which the Philippines ratified on July 26, 1990 mandates State Parties to take measures to combat the illicit transfer and non-return children abroad (Articles 11) and to take all appropriate national, bilateral and multilateral measures to prevent the abduction of, the sale of or traffic in children for any purpose or in any form (Article 35).

2. RA 7610 also known as the Special Protection of Children Against Abuse Exploitation and Discrimination Act mandates the DSWD to issue a travel clearance to unaccompanied minors travelling abroad or written permit or justification from the child's parents or legal guardians (Article IV, Section 8, a), as a measure to protect children and prevent child trafficking. This law strengthens Article 3 on the rights of the child in the Child and Youth Welfare Code (PD 603).

3. RA 8239 otherwise known as the Philippine Passport Act of 1996 — requires the applicant (below 18 years old) to submit an affidavit of consent from a parent or those exercising parental authority and legal custody, if the minor is travelling with either one of them and a clearance from DSWD, if the minor is travelling with a legal guardian or a person other than a parent before the issuance of a passport (Sec. 51).

4. RA 9208 also known as the Anti-Trafficking in Person Act of 2003 requires the State to give highest priority to the enactment of measures to eliminate trafficking in persons and to mitigate pressures for involuntary migration. It is considered as qualified trafficking when it involves a child and his/her adoption is effected through RA 8043, "Intercountry Adoption Act of 1995" and said adoption is for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage. DcaECT

5. RA 8043 "Intercountry Adoption Act of 1995" states that the Intercountry Adoption Board must protect the Filipino child from abuse, exploitation, trafficking and/or sale or any other practice prejudicial to the child.

II. Statement of Policy:

The Department is mandated to provide special protection to children from all forms of abuse and other conditions prejudicial to their development. In compliance with the provisions of RA 7610, Article IV on Child Trafficking, a child shall not be allowed to travel alone to a foreign country without a travel clearance issued by the Department or a written parental travel permit if the child travels in the company of only one of the biological or adoptive parent, hence this guideline to ensure its effective implementation.

III. General Policies:

1. The primary objective of the issuance of a travel clearance/parental travel permit is to protect minors from trafficking, abuse exploitation or improper influence by person/s engaged in trafficking.

2. A minor travelling with both parents, either biological or adoptive is exempted from the travel clearance requirement.

3. A minor travelling with only one parent whether biological or adoptive requires the accompanying parent to secure the appropriate parental consent to be executed by the other spouse.

4. An illegitimate child travelling with his/her biological mother shall not be required to secure the parental consent from the biological father. Even if recognized or acknowledged in the birth certificate by the father, an illegitimate child is under the sole parental authority of the mother unless custody is given to the biological father thru a Court Order.

5. The biological father who petitions the Court and secure an Order vesting in him parental authority and legal custody over his illegitimate child/ren have the responsibility to notify proper authorities, i.e., Bureau of Immigration to hold the departure of his child from the Philippines without his consent.

6. A parent/person granted by the Court sole and absolute legal guardianship, parental authority or legal custody over the child is exempted to secure consent from the other spouse. This shall apply in situations where the parents are legally separated, divorced or have had their marriage annulled, and where the Court granted sole custody and parental authority on one parent. The Court decision granting said divorce, legal separation or annulment should include a statement to this effect i.e., to whom the sole custody and parental authority is vested. However, when either of the spouses has been granted with visitation rights by the Court, his or her consent is required. However, if a court order has been issued authorizing the travel of the child, no permit is needed. HAICTD

7. A minor who is subject of ongoing custody battle between parents will not be issued a parental travel permit or travel clearance unless a Court Order is issued to allow the child to travel abroad with either one of his/her parents or authorized guardian. The family shall be responsible to notify the Bureau of Immigration to include the name of the child/ren in the watchlist of minors travelling abroad. It is therefore the Bureau of Immigration's responsibility to ensure that no child under the watchlist order leaves the country. DETACa

8. A travel clearance for an abandoned/neglected minor/s who is/are voluntarily or involuntarily committed to the Department or the licensed/accredited agency shall be issued by the DSWD-Regional Director or his/her authorized representative for whatever purpose e.g., medical mission, study tour, summer program, etc. except when a child is leaving for intercountry adoption.

9. The travel clearance/parental travel permit shall be issued by the DSWD Field Office who has jurisdiction over the residence of minor. ICAB shall issue the travel clearance for minors subject for intercountry adoption.

10. The travel clearance/parental travel permit issued by the Department may be used only for one (1) travel abroad and shall be surrendered to the Immigration personnel upon departure. Photocopies of same must be kept by the parent/s, legal guardian/child for future reference.

11. A travel clearance/parental travel permit shall cover only one child. Siblings shall be issued separate clearances or permits based on specific circumstances of each child.

IV. Definition of Terms:

1. Minor — a Filipino citizen who is below eighteen (18) years old or those over but are unable to fully take care of themselves from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition.

2. Travel Clearance — is a document issued by the Department of Social Welfare and Development (DSWD) Field Offices or its attached agency, Intercountry Adoption Board (ICAB), whichever is applicable to a minor unaccompanied by any of the parent or those exercising parental authority and legal custody over the child.

3. Parental Travel Permit (PTP) — is a document issued by the Department of Social Welfare and Development (DSWD) to the accompanying parent/legal guardian based on the written consent of any of the parent or legal guardian of the minor allowing the said minor to travel abroad unaccompanied by the said parent.

4. Subsequent Traveller — refers to minor/s who has/have previously been issued by the Department travel clearance/parental travel permit to travel abroad.

5. Parents — shall refer to biological or adoptive parents.

6. Legal Guardian/s — a person appointed by the court to act as guardian over the person or property or both of a minor in the absence, death or incapacity of his/her parents on petition by any relative or friend of the family.

7. Sponsor — shall refer to the person/organization responsible for all the travelling and other expenses to support the child abroad.

V. Coverage:

1. Minor/s required to secure travel clearance

a. Minor travelling alone who is 13 years old above but below 18 years old.

b. Minor travelling with adoptive parent/s for purpose of intercountry adoption.

c. Minor travelling with a person other than his/her parent(s), legal guardian or person exercising parental authority/legal custody over him/her.

d. Minor who is illegitimate and is travelling with his/her biological father.

2. Minor/s required to secure Parental Travel Permit

• Minor travelling with only one parent or legal guardian.

3. Minor/s exempted to secure either a travel clearance or parental travel permit

a. A minor travelling with both parents.

b. An illegitimate child travelling with his/her biological mother who has the absolute parental authority over the child. SATDEI

c. A minor who is an immigrant or a resident abroad or dependents of the members of the Philippine diplomatic corps or residing abroad temporarily with blue passport.

d. A minor accompanied by legal guardian/s appointed by the Court with Letter of Guardianship.

e. A minor accompanied by either the mother or father who has been granted sole parental authority by the Court in a judicial proceeding for legal separation/annulment/divorce.

f. An illegitimate child travelling with his/her biological father who has been granted sole parental authority/legal custody by the Court. HDTISa

g. A minor who is half-orphaned whose father or mother died and accompanied by the surviving parent.

VI. Person/s allowed to File an Application for Travel Clearance/Parental Travel Permit

1. A minor who is 13 years of age and above.

2. The minor's parent/s or legal guardian.

3. The minor's travelling companion.

4. A duly authorized representative of the parent/legal guardian supported by a Special Power of Attorney (SPA).

5. A representative of the travel agency duly authorized by the parents supported by a Special Power of Attorney (SPA).

VII. Requirements:

A. Travel Clearance

1. The requirements for a minor travelling for the first time is an application form to be accomplished by both parents, legal guardian, or authorized representative with the following attached documents:

a. Birth Certificate on security paper (SECPA) of the minor or passport of the minor;

b. Certified copy of marriage certificate of minor's parents, if appropriate;

c. Notarized affidavit of consent from parents/legal guardians authorizing a particular person to accompany the child in his/her travel abroad;

d. Affidavit of support and a certified copy of any evidence to show financial capability of sponsor (parents/legal guardian or other person/agency shouldering the expenses) such as: DaESIC

1) Certificate of Employment;

2) Latest Income Tax Return;

3) Bank Statement, etc.

4) Letter of invitation indicating that all expenses to be incurred shall be borne by the sponsoring agency/school/institution.

e. Certified copy of death certificate of parent/s, if appropriate;

f. Two colored passport size pictures of minor; and

g. Photocopy of passport of travelling companion.

Additional requirements for minor under special circumstances:

a. For Filipino minor migrating to another country

• Visa petition approval

b. For a minor who will study abroad

• Acceptance from the school where minor is to be enrolled

c. For a minor who will attend conference, study tours, etc.

• Certification from sponsoring organization

d. For a minor going abroad for medical purposes

• Medical Abstract of the minor to include medical diagnosis, prognosis and recommendation.

• Written acceptance from the hospital/attending physician who shall provide treatment and services for the child. TIaEDC

e. For a minor going abroad for adoption

• Placement Authority; and

• Authority to Escort 1upfam08

f. For a minor under legal guardianship

• Certified copy of Letter of Guardianship/Court Order

g. For a minor who is 13 years old and above travelling alone:

• Affidavit executed by parents or legal guardian stating that minor shall be fetched at the airport by a responsible adult, or

• Certification from the airline that they will be responsible for the minor while on travel

Additional requirements such as baptismal certificate or school records and the like may be presented depending upon the purpose of minor's travel and the assessment of the social worker. EAcCHI

In instances where documents are in question, concerned parties may be required to personally appear at the DSWD Regional Office for validation/verification of said documents.

2. For subsequent travellers, the following are the only documents required:

a. Duly accomplished application form

b. Photocopy of Travel Clearance previously issued by DSWD Field Office. In case of loss, the applicant shall be required to secure a duly Notarized Affidavit of Loss

c. Notarized affidavit of consent from both parents/legal guardians authorizing a particular person to accompany the child in his/her travel abroad

d. Two original colored passport size pictures of minor taken within the last six (6) months

e. Photocopy of passport of travelling companion

B. Parental Travel Permit

1. The requirements for minor's travelling for the first time is a duly accomplished application form with the following attached documents:

a. Duly notarized consent from the other spouse

b. Birth Certificate on security paper (SECPA) of the minor/passport of the minor

c. Two colored passport size pictures

d. Certified copy of marriage contract of parents

e. Two original colored passport size pictures of minor taken within the last six (6) months

2. For subsequent travellers, the following are the only documents required:

a. Duly accomplished application form.

b. Photocopy of the Parental Travel Permit previously issued by DSWD Field Office. In case of loss, the applicant shall be required to secure a duly Notarized Affidavit of Loss HaEcAC

c. Photocopy of passport of minor

d. Two passport size pictures of minor taken within the last six (6) months

e. Photocopy of passport of accompanying parent

3. In the case of a minor considered as frequent traveller and/or whose parent/s are in the foreign service or diplomatic corps, overseas employment or immigrants in a foreign country, any of the following documentary evidence may suffice to show proof of his/her purpose of travel and present circumstances, to wit: cEATSI

a. Pertinent entries in the passport on previous records of arrival/departure of minor

b. Sworn Affidavit of Parent/s on the circumstances of the minor's travel

c. Other Documents:

1. For immigrant, Visa Petition Approval of the minor, if appropriate

2. For minor studying abroad, study visa

3. For minor whose parents are in the Foreign Service, a certification from the Department of Foreign Affairs attesting to the parent's employment

4. For minor whose parents are overseas Filipino workers/seafarers, a certification from the employer attesting to the parent's employment

VIII. Procedures:

A. Application

l. The application for travel clearance/parental travel permit together with the supporting documents as listed under the requirements of this Guidelines shall be submitted/filed by any of the appropriate persons at the DSWD Field Office which has jurisdiction over the residence of the minor or ICAB five working days before the travel.

2. The application for minor/s travelling abroad for the purpose of intercountry adoption shall be filed at the office of the Intercountry Adoption Board (ICAB).

3. The application form shall be signed under oath by parent/s, legal guardian/s or the authorized representative of the child.

4. The application shall among others, indicate the purpose whether for passport requirement or for foreign travel. Likewise, the exact address of the child at the point of destination, the date of departure, the specific purpose of travel, duration and arrangements for the welfare of the child in the country of destination must be specified.

5. The applicant shall submit the supporting documents listed under the requirements of this guidelines to DSWD Field Office or Intercountry Adoption Board (ICAB) whichever is appropriate five working days before the travel.

6. The application for travel clearance/parental travel permit must be filed at least five (5) working days before the scheduled departure or even earlier if the minor still has to apply for a passport.

B. Assessment/Validation

1. The social worker shall review and evaluate the accomplished application form and documents and ensure that it is genuine and valid. An interview shall likewise be conducted and if necessary, a homevisit, to validate the following information: aICHEc

a. Purpose of travel

b. Reason/s why parent/s cannot accompany the minor

c. Relationship of minor to travelling companion

d. Destination/s with the name and address of person with whom child will stay or hotel address and telephone number

e. Length of stay abroad at each destination and expected date of return when appropriate

f. Other pertinent information

 In the review of documents, the attachment of a red ribbon on the Affidavit of Support/Consent to Travel which was authenticated/notarized by Philippine Embassy abroad is not essential and necessary to constitute its value. The important features of the said document is the signature of the Consul accompanied by the seal of the Philippine Embassy and document/service number.

2. An in-depth interview with the minor, if appropriate, and/or biological parent/s/legal guardian/travelling companion will be considered. If the submitted complete documents are in order and do not need further validation, the social worker prepares her report and recommends approval for issuance of a travel clearance. Should the application be disapproved for the welfare and best interest of the child, as per evaluation of the social worker, the Field Office or ICAB shall explain the reasons for disapproval to the applicant.

3. The Regional Director/ICAB Director or his/her authorized representative shall approve the issuance of a travel clearance using the prescribed form, "Travel Clearance for a Minor/Parental Travel Permit" whichever is appropriate and affix his/her signature thereon and stamp the picture of the child with the Department's dry seal. 1upfam08

C. Supporting Documents

1. Certificate of Live Birth

• The Certificate of live birth of minor need not be on security paper (SECPA) if the minor's passport is presented to secure travel clearance/parental travel permit.

2. Affidavit of Support/Consent by Parent/s or Legal Guardian

a. The Affidavit of Support/Consent/Certification from ship captain/employer, whichever is applicable, duly notarized/by a notary public where the parent/s reside shall be accepted in cases where the Philippine Embassy is located in another state from the parent/s residence;

 In cases of seafarers or OFWs, the consent of parents or certification from the agency; and in case of incarceration in other countries, a certification from the Philippine Embassy or Philippine Consulate of the Host Country.

b. The Affidavit of Support/consent in the English language, authenticated by the Philippine Consul shall be required for those whose residence is accessible to the Philippine Embassy.

c. The Regional Office must require the original copy of the Affidavit of consent executed by parent/s. Photocopy of the same may be accepted on a case to case basis (e.g., medical treatment, death of immediate family).

d. Paternal/maternal grandparents who exercise parental authority over a minor whose parents are both deceased may issue the Affidavit of Consent even without guardianship order from the court. cDaEAS 

 Validity of Affidavit of Support/Consent by Parents or Legal Guardian shall be one (1) year.

3. Special Power of Attorney of authorized representative of parent/legal guardian

a. The Special Power of Attorney must indicate not just the name of the travel agency but the name of a particular travel agent to transact business in behalf of the parent/s of minor.

b. The authorized representative must be able to present his/her company identification card (ID) and another valid ID (e.g., passport, PRC ID, etc.) to the DSWD Regional Office. EScaIT

4. A Declaration of Abandonment (DA) or a Court Order must be secured for a minor abandoned by either or both parents. Further, in the case of abandoned child/ren unable to present a Court Order or Declaration of Abandonment, the applicant shall be required to submit other supporting documents such as:

a. Duly notarized Affidavit by the other spouse on circumstances of failure to secure Parental Travel Permit/Affidavit of Consent from the other spouse.

b. Duly notarized Affidavit of three disinterested persons or solo parent ID.

D. Issuance of Travel Clearance/Parental Travel Permit

1. The duly approved Travel Clearance for a Minor/Parental Travel Permit may be issued to the applicant within twenty-four (24) hours provided all the supporting papers are in order.

2. The Travel Clearance issued by the Department to the minor shall be used for only one (1) travel abroad to be surrendered to the Immigration personnel upon departure. Only a photocopy shall be kept for the minor's future travel.

3. The applicants shall be issued a Parental Travel Permit (PTP) duly signed by the authorized signatories by the Department based on the written consent given by the parent/legal guardian which shall also be surrendered to the Immigration Personnel upon departure. A photocopy of such will also be kept for the minor's future travel.

E. Fees

1. Field Offices shall collect a service fee amounting to P300.00 for every Travel Clearance or Parental Travel Permit (PTP) issued to minors travelling abroad per Administrative Order (AO) No. 60, Series of 2003, Amendment in the Guidelines on the Charging of Fees and Services.

2. Service Fees collected from Travel Clearance and Parental Travel Permit shall be deposited to the National treasury pursuant to Section 3 of the General Provisions of RA 9206, General Appropriations Act of 2003 as implemented by A.O. No. 11, Series of 2004, Guidelines on the Collection and Deposit of Income/Receipts from All Sources.

IX. Monitoring/Reporting

A. Program Management Bureau (PMB)

1. Responsible to maintain a systematized data bank for easy reference.

2. Conduct regular monitoring and technical assistance to the Field Offices.

3. Facilitate printing of Travel Clearance and Parental Travel Permit with security coding for distribution to the Field Offices and ICAB. TaHDAS

B. DSWD Field Office

1. Maintain a system to facilitate and expedite the issuance of Travel Clearance and Parental Travel Permit, whichever is applicable with proper control measures.

2. Maintain a systematized data bank for easy reference at the Field Office.

3. Submit quarterly report on actual fees collected to DSWD-Central Office as per AO No. 11, Series of 2004, Guidelines on the Collection and Deposit of Income/Receipts from All Sources.

4. Manage the cases and maintain close coordination/linkage with the PMB, Bureau of Immigration and the Department of Foreign Affairs to monitor the safe return of the minor to the Philippines.

5. Copy furnish the Program Management Bureau of any communication or report submitted to Bureau of Immigration (BI) or Department of Foreign Affairs (DFA).

C. Intercountry Adoption Board

1. Maintain a system to facilitate and expedite the issuance of Travel Clearance and Parental Travel Permit, whichever is applicable with proper control measures.

2. Maintain a systematized data bank for easy reference.

3. Submit quarterly report to the Program Management Bureau on issuance of Travel Clearance and Parental Travel Permit for data bank purposes.

All previous memoranda/directives inconsistent with this Administrative Order are hereby repealed or modified accordingly.

Approved this 29th day of July, 2005, Quezon City.

(SGD.) LUWALHATI F. PABLOOIC-SecretaryDepartment of Social Welfare and Development