Omnibus Guidelines for Minors Travelling Abroad

October 1, 2001

DSWD ADMINISTRATIVE ORDER NO. 149-01

 

Department Order No. 03 Series of 2001 setting guidelines for unaccompanied minors travelling abroad is hereby revised in response to the following international commitments and legislations:

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, Sec. 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. 5f)

Further, there is an urgent need to set the guidelines 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 implementors to further strengthen measures to prevent trafficking and abduction of children.

I. Statement of Policy:

The Department is mandated to provide protection to minors against exploitation, trafficking, improper influence, abuse and other conditions prejudicial to their physical, mental, emotional, social and moral development. In compliance with the provisions of RA 7610, Article IV on Child Trafficking, a child shall not be allowed to travel alone to foreign country without a travel clearance issued by the Department, hence this guideline to ensure its effective implementation.

II. Travel Clearance:

A. What is a travel clearance

 A travel clearance is a document issued by the Department of Social Welfare and Development (DSWD) Field Offices or its attached agency, Inter-Country Adoption Board (ICAB), whichever is applicable to a Filipino minor who is below 18 years of age travelling outside of the Philippines, unaccompanied by anyone of his/her parents or those exercising parental authority and legal custody of the child. It certifies that a minor is authorized to travel abroad for valid reasons based on the assessment of a social worker.

B. Who are required to secure a travel clearance

A Filipino child/minor (a person below 18 years old) travelling abroad who is in any of the following circumstances:

• Travelling alone;

• Travelling with a person other than anyone of his/her parents or those exercising parental authority and legal custody of the child;

• Travelling for the purpose of adoption abroad (inter-country adoption); cSEDTC

• Minor adopted in the Philippines.

• An illegitimate child travelling with his/her biological father.

A Filipino child travelling with both his/her parents is NOT required to secure a travel clearance.

C. What are the requirements for securing a travel clearance

The requirements for minors travelling for the first time:

• Birth Certificate on security paper (SECPA) of the minor;

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

• Notarized affidavit of consent from parents/guardian authorizing a particular person to accompany the child in his/her travel abroad;

• Certified copy of any evidence to show financial capability of sponsor such as:

a) Certificate of Employment;

b) Latest Income Tax Return;

c) Bank Statement etc.

• Two passport size pictures of minor; and

• Photocopy of passport of travelling companion.

Additional requirements for minor under special circumstances:

For Filipino minor migrating to another country

• Visa petition approval

For a minor who will study abroad

• Acceptance from the school where minor is to be enrolled

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

• Certification from sponsoring organization

For a minor going abroad for medical purposes

• Medical certificate of the minor

For a minor going abroad for adoption

• Placement Authority

• Authority to Escort

For an adopted minor

• Certified copy of Adoption Decree

• Clearance from the Office of the Solicitor General (OSG), if adoption was promulgated less than 15 days when application for clearance to travel was made

For a minor under legal guardianship

• Certified copy of Letter of Guardianship/Court Order

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;

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

A minor below 13 years old is not allowed to travel alone.

 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.

The following are the only documents required for subsequent travels:

• Certificate for Travel of Minor previously issued by DSWD Field Office. In case of loss, the applicant shall be required to secure a duly Notarized Affidavit of Loss;

• Duly accomplished application form;

• Notarized affidavit of consent from biological parent/s/guardian authorizing a particular person to accompany the child in his/her travel abroad;

• Two passport size pictures of minor; and

• Photocopy of passport of travelling companion.

D. What are the procedures and how long does it take for the issuance of a travel clearance

1. The application for travel clearance (Annex A) may be submitted/filed by any of the following persons at the DSWD Field Office which has jurisdiction over the residence of the minor. SDAaTC

• a minor who is at least 13 years of age

• the minor's parent/s or legal guardian

• the minor's travelling companion

• authorized representative of the parent/legal guardian

a) The applicant shall be required to submit the supporting documents listed under the requirements for securing a travel clearance for purposes of review and validation by the social worker.

b) The application for minor travelling abroad for the purpose of inter-country adoption shall be filed at the office of the Inter-Country Adoption Board (ICAB).

c) The application shall be signed under oath by biological parent/s/guardian or legal guardian/s of the child.

d) The application shall among others, indicate 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.

e) The application for travel clearance must be filed at least seven (7) working clays before the scheduled departure or even earlier if the minor still has to get a passport.

 The social worker shall review and evaluate the accomplished application form and documents submitted and ensure that it is genuine and valid. An interview shall likewise be conducted and if necessary, a home visit to validate the following information: (2 hours) AaCTcI

• Purpose of travel

• Reason/s why parent/s cannot accompany the minor

• Relationship of minor to travelling companion

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

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

• Other pertinent information

• In the review of documents, please note that 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 feature 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 favorable and do not necessitate further validation, the social worker shall prepare her report and recommend approval for issuance of a travel clearance. (1 hour); or

 If the social worker, after thorough evaluation, cannot favorably recommend the minor's travel, she shall immediately discuss the reasons with the applicant and render a report to the DSWD Regional Director. At the same time, the field office shall prepare a request to the Bureau of Immigration that the minor be placed in their watch list on a case to case basis depending on the evaluation of the social worker.

3. If the Regional Director/ICAB Director or his/her authorized representative agrees with the social worker's recommendation, he/she shall give approval for the issuance of a travel clearance using the prescribed form, "Travel Clearance for a Minor" and affix his/her signature thereon. (Annex B). (Timetable: 1 hour)

4. The Travel Clearance for a Minor issued by the Department will remain valid for six (6) months from the date of issuance.

Please refer to the Flow Chart of Filing of a Travel Clearance (Annex D).

III. Parental Travel Permit (PTP)

A. What is a Parental Travel Permit

 A PTP is a written permission executed by anyone of the biological parents or legal guardian who will be left behind or not in the company of the child when he/she leaves the country, allowing the concerned minor to travel abroad with the other parent/guardian.

B. Who are required to secure a Parental Travel Permit (PTP)

 A Filipino minor who is travelling with only one parent/guardian is required to present a PTP to the DSWD Field Office.

C. What are the requirements for minors travelling with one parent

The requirements are:

• Duly notarized Parental Travel Permit;

• Birth certificate on security paper (SECPA) of the minor;

• Certified copy of marriage contract of parents; and

• Photocopy of passport and visa of accompanying parent.

The following are the only documents required for subsequent travels:

• Duly notarized Parental Travel Permit;

• Photocopy of passport of minor;

• Photocopy of passport of accompanying parent.

D. What are the procedures in filing a Parental Travel Permit

1. Applicant submits supporting documents (one copy each) and files a Parental Travel Permit, executed by parent who will be left behind or in foreign country at least seven (7) working days before the scheduled travel at the DSWD Field Office, which has jurisdiction over the residence of the minor. EcTCAD

2. In a situation where the parent who will execute the Parental Travel Permit is abroad, the same form prescribed by DSWD shall be adopted by the former and shall have this document duly authenticated by the Philippine Embassy/Consular Office Abroad. If this is not possible due to non-accessibility of a Consular Office, the document should at least be duly notarized in the foreign country where he/she works or resides. Furthermore, the accompanying parent shall be required to execute a duly notarized affidavit testifying to the authenticity of the said consent.

3. The social worker who reviews/examine the supporting documents, may consider Duly Notarized Parental Consent in lieu of the prescribed PTP form if it consists the same required information.

4. The Parental Travel Permit shall be duly stamped and bear the DSWD Logo and signatures of the authorized signatories of the respective Field Offices. The Central Office shall be responsible in the procurement of the DSWD stamp for distribution to Field Offices. The original copy shall be given to the applicant but the Field Office shall retain a copy of such for validation purposes. Furthermore, the Field Offices should have control numbers for duly stamped Parental Travel Permit given to applicants.

5. The Social Worker of the Field Office/Travel Clearance Unit shall conduct validation on the entry of information submitted to DSWD. In case of unfavorable findings, the DSWD Field Office based on the evaluation of the social worker may inform the Bureau of Immigration to place the child in its watch list and shall notify the parent of the child of said action.

6. The accompanying parent shall be advised properly to present the original copy of the Parental Travel Permit (PTP) duly stamped "received" by the Department to the Bureau of Immigration at the airport upon departure. The PTP is valid for six (6) months and effective for only one travel.

Please refer to the Flow Chart of Filing of Parental Travel Permit (Annex E).

IV. General Provisions:

1. The DSWD shall maintain close coordination with the Bureau of Immigration (BI), Department of Foreign Affairs (DFA) and the concerned agencies to ensure effective implementation of RA 7610.

2. The Inter-Country Adoption Board (ICAB) shall only act and process application for minors travelling abroad for purposes of inter-country adoption.

3. A Declaration of Abandonment in court has to be secured for a minor abandoned by either one of his/her parent. Should this document not be available, 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 by three disinterested persons.fc n

c) Duly notarized Affidavit by a Barangay Official confirming the circumstances of abandonment of the spouse.

4. A minor with parents who are either legally separated or annulled are required to present a certified true copy of the Court Decision to determine custody of the child. Unless sole parental authority is granted by the court to either parent, both parents should sign the affidavit of consent.

5. The DSWD Central Office is responsible in installing a security system/coding to ensure the authenticity of the signature affixed on the Travel Clearance for a Minor by the Field Director/ICAB Director or his/her authorized representative.

 The DSWD Regional Director/ICAB Director or their authorized representative shall affix his/her signature on the face of the certificate of travel and the back portion of the same shall bear his/her signature or of his/her authorized representative.

 The DSWD Regional Director/ICAB Director and his/her authorized signatories shall submit yearly their specimen signature to the Central Office for submission to the Bureau of Immigration (BI) and the Department of Foreign Affairs (DFA).

6. Erasures on the Travel Clearance for a Minor will automatically make it null and void.

7. An expiry date shall be marked on the Certificate form and it must be marked USED by the Immigration Officer once presented at the airport. HSAcaE

V. Monitoring/Reporting/Data Banking:

1. The DSWD Central Office and the concerned DSWD Field Offices, respectively are responsible in maintaining a systematized data banking at the national and regional level for easy reference.

2. The production of the Travel Clearance for a Minor and the distribution to the Field Offices of the same shall be handled by the DSWD Central Office for centralized security coding.

3. The Field Office shall be responsible for tracking down/monitoring the number of children travelling abroad using Parental Travel Permit. The Field Offices should likewise have a registry/list of pertinent data of minor issued with Parental Travel Permit stamped by the said Office and issued to applicants and to include these in their report to the Central Office for a consolidated report nationwide.

4. The DSWD Field Office/ICAB shall install a system based on the mechanisms and structure established by the Central Office to facilitate and expedite the issuance of travel certificates and parental travel permit whichever is applicable and at the same time institute proper control measures.

5. An information system network shall be implemented by the DSWD wherein the Field Offices are linked to the Central Office and the other DSWD Field Offices. Likewise, a linkage with the Bureau of Immigration and the Department of Foreign Affairs, thru the installation of a Shared Government Information System (SGIS) shall be maintained.

6. Regular monitoring and technical assistance to the Field Offices shall be conducted for effective implementation.

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

Approved this 1st day of October 2001, Quezon City.

(SGD.) CORAZON JULIANO-SOLIMANSecretary

ANNEX A

Department of Social Welfare and DevelopmentFIELD OFFICE _____

APPLICATION FOR MINORS TRAVELING ABROAD

Name of Minor: _________________________________________ Sex: _______

Age: _____ Date and Place of Birth: ____________________________________

Address: ________________________________________________________________

Local Phone No.: _____________________ Abroad Phone No.: ________________

Address Abroad: __________________________________________________________

Status of Birth: ________________________ Legitimate ÿ Illegitimate ÿ

If adopted or under Legal Guardianship, please indicate Special Proceeding No.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

PARENTS:

Father: _______________ Age: _____ Occupation: ___________ TIN: _______

Address: ________________________________________________________________

Mother: _______________ Age: _____ Occupation: ___________ TIN: _______

Address: ________________________________________________________________

Family Income: _____________________ Other Assets: ______________________

TRAVELLING COMPANION:

Name: _____________________ Relationship: ___________ TIN: _____________

Address: ________________________________________________________________

SPONSOR:

Name: ________________________________________________________________

Address: ________________________________________________________________

Relationship: _______________ Income: __________ Tel. No.: _____________

DESTINATION: __________________________________________________________

Length of Travel (inclusive date) ______________________________________________

Reason/s for Travel Abroad (inclusive reason for bringing minor) HESIcT

___________________________________________________________________________

___________________________________________________________________________

Reasons why parents or legal guardian cannot accompany minor

___________________________________________________________________________

___________________________________________________________________________

Where does minor intend to stay during his/her travel and with whom (please indicate names, complete address and phone numbers)

___________________________________________________________________________

___________________________________________________________________________

I hereby certify that the information given above are true and correct. I further understand that any misrepresentation that I may have made will subject me to criminal and civil action provided for by existing laws.

___________________________________________________________________________

___________________________________________________________________________

________________________________________

____________________ _______________________________

Date Relationship to Minor

___________________________________________________________________________

Remarks:

⌑ Approved

⌑ Disapproved due to reason's indicated herein: _______________________________

Date Reviewed: __________________ Reviewed by: _________________________

Designation: _________________________

ANNEX B

Department of Social Welfare and Development

TRAVEL CLEARANCE FOR A MINOR

Pursuant to Article IV, Section 8 (a) of Republic Act 7610, the Department of Social Welfare and Development poses no objection to the travel.

Of _________________________________ born on ________________________________

of ________________________________________________________________________

minor is the son/daughter of ___________________________________________________

of ________________________________________________________________________

This certification is based on the favorable evaluation of the purpose of the minor's travel abroad who shall be under the care of his/her duly authorized traveling companion referred to at the back page.

CTC No.: __________

_________________________

ANNEX C

PARENTAL TRAVEL PERMIT

I, _______________________________ of legal age, ________________________,

________________ and a resident of ____________________________________________

and with tel. no. ______________________ and TIN No. _______________________, after

having been duly sworn to in accordance to law do hereby depose and say:

1. That I am the biological mother/father and/or person exercising parental authority of minor _____________________ born on _______________ and residing in ____________________________________________________.

2. That my child will travel to _______________________________________ for __________________________________________________.

3. That said child will be leaving on ________________ (date) and will stay in _________________________________________ (address) for a period of ________________ and will be taken care of by ______________________.

4. That I cannot personally travel with my child/children due to _____________________________________________________________.

5. That I am giving my full consent to the travel of the aforementioned child abroad and to be accompanied by my spouse _________________________.

6. That this affidavit was executed for the purpose of attesting to the truth of the facts above stated and for whatever legal purpose it may serve.

Affiant further sayeth naught.

_____________________________

Subscribed and sworn to before me this ________________________ day of ___________________ in the City of ________________.

ANNEX D

Flow Chart on Filing of a Travel Clearance

ANNEX E

Flow Chart on Filing of Parental Travel Permit

n Note from the Publisher: Copied verbatim from the official copy.-

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