Affidavit of Explanation for Undeclared Passport in the Philippines

Below is a comprehensive discussion about the “Affidavit of Explanation for Undeclared Passport” in the Philippines. The information presented is for general knowledge only and should not be construed as legal advice. For specific concerns regarding passports and affidavits, it is advisable to consult a licensed attorney or to coordinate directly with the Philippine Department of Foreign Affairs (DFA) or the relevant Philippine Embassy or Consulate.

1. Background on Philippine Passport Law

  1. Governing Law

    • Philippine passports are primarily governed by Republic Act No. 8239, also known as the “Philippine Passport Act of 1996,” along with its Implementing Rules and Regulations (IRR).
    • The Department of Foreign Affairs (DFA) is the principal government agency responsible for the issuance, renewal, and regulation of Philippine passports.

  2. Purpose of a Philippine Passport

    • A Philippine passport serves as an official document issued by the government certifying the holder’s identity, nationality, and the right to international travel under Philippine citizenship.
    • The passport also allows Philippine citizens the protection of the Philippine government in foreign countries or places of transit, subject to the laws of each respective jurisdiction.

  3. Undeclared or Unsubmitted Passports

    • When applying for passport renewal, the DFA usually requires the old/most recent passport for cancellation and safekeeping of certain pages. This is to prevent illegal duplication, tampering, or misuse.
    • An “undeclared passport” refers to an old or alternative passport that was not surrendered, mentioned, or turned over to the authorities (e.g., the DFA) upon application for a new or renewed passport.
    • Sometimes, applicants may innocently fail to mention they have a still-valid secondary passport, a lost passport that was found later, or a passport under a maiden or previous name. In other circumstances, an individual may overlook that a previously reported “lost” passport was later recovered.

2. What Is an Affidavit of Explanation for Undeclared Passport?

  1. Definition and Purpose

    • An affidavit of explanation is a sworn statement executed by an individual to explain certain facts or circumstances—in this case, why a passport was not declared, surrendered, or mentioned at the time of renewal or during any transaction requiring the declaration of all valid or previous passports.
    • It is meant to clarify the discrepancy or omission and to confirm the absence of any fraudulent or malicious intent.

  2. Common Reasons for Execution

    • Lost and later recovered passport – The holder declared it lost but found it after receiving the replacement passport.
    • Overlooked passport – The holder simply forgot to declare an older but still valid passport.
    • Change of personal information – The holder previously had a passport under a different surname (e.g., due to marriage) and forgot to surrender or report the old one when obtaining a new passport.
    • Multiple-nationality concerns – A dual citizen might have used a foreign passport more often and neglected to declare the Philippine passport.
    • Clerical or administrative error – A mismatch in official records showing a passport that was not turned over to or recorded by the DFA.

  3. Importance of Honesty and Accuracy

    • Submitting an affidavit of explanation helps the applicant avoid potential penalties or sanctions.
    • Being transparent and proactive in declaring all relevant passports minimizes suspicion of fraud and promotes quicker processing for future passport applications.

3. Legal Basis and Procedures

  1. Authority of the DFA

    • Under the Philippine Passport Act, the DFA has the authority to require documentary evidence to prove identity, citizenship, or any relevant detail concerning a passport application or renewal.
    • If the DFA records reveal that a passport has been issued but not surrendered, they may require an affidavit of explanation.

  2. When the Affidavit is Required

    • Passport Renewal or Replacement: If the system shows a still-active passport that the applicant fails to present at the appointment, the consular officer or DFA staff may request an affidavit of explanation.
    • Applying from a Philippine Embassy or Consulate Abroad: If a person applies for a new passport overseas and the embassy’s records indicate there is an undeclared passport, an affidavit may be needed.
    • Discrepancies or Irregularities: Any inconsistency in data or records can lead the consular officer to demand a sworn explanation to ensure the legitimacy of the application.

  3. Potential Penalties or Consequences

    • If it is established that the omission or undeclared passport was intentional and with fraudulent intent, the applicant can face denial of passport issuance, blacklisting, or in some severe cases, legal action for misrepresentation.
    • However, if the omission was inadvertent and the explanation is satisfactorily given, the application or renewal process generally proceeds after paying the requisite fees and securing the affidavit.

4. Contents and Format of the Affidavit of Explanation

  1. Standard Parts of the Affidavit

    • Title/Heading: “Affidavit of Explanation for Undeclared Passport”
    • Affiant’s Personal Details: Full legal name, address, date of birth, civil status, and other identification details.
    • Statement of Facts: A concise but detailed presentation of the incident or the reason for the undeclared passport. This portion should reference the passport number(s), approximate date of issuance, date of loss (if applicable), or circumstances leading to its non-declaration.
    • Explanation and Justification: An honest explanation of why the passport was not declared or turned over. This is the core of the affidavit.
    • Declaration of Good Faith: A statement affirming that the omission was inadvertent or unintentional and that there is no fraud or malice involved.
    • Prayer or Request: A concluding request (e.g., for acceptance of the explanation and for the issuance/renewal of the passport).
    • Oath and Signature: The affiant must sign the affidavit in the presence of a notary public or an authorized administering officer (in case of an embassy or consular post abroad). The notary or consulate officer then affixes a notarial seal or official stamp.

  2. Notarization and Execution

    • In the Philippines, the affidavit must be notarized by a notary public duly commissioned by the Supreme Court of the Philippines, ensuring it bears a notarial register number, signature, and seal.
    • If executed abroad, the affidavit may be signed before a duly authorized consular officer who can notarize or administer oaths in accordance with Philippine Consular Regulations. Alternatively, local notaries (licensed in the host country) can notarize the document, but additional authentication (apostille or consularization) may be required.

  3. Supporting Documents

    • Old Passport: If available, attach or present it as part of the explanation.
    • Proof of Identity/Citizenship: Provide birth certificate (PSA-authenticated), marriage certificate (if relevant), or secondary IDs.
    • Other Relevant Documents: Police report, if the passport was initially reported lost; a recovery report, if it was found later; any prior communication with the DFA or the Philippine Consulate explaining the circumstances.

5. Filing the Affidavit of Explanation

  1. Where to File

    • DFA Consular Offices: If you are applying for a passport in the Philippines.
    • Philippine Embassies/Consulates: If you are abroad and renewing or applying for a new passport, or if you discovered the undeclared passport while residing overseas.
    • Notary Public’s Office: Prepare the affidavit with your attorney or paralegal, then have it notarized prior to submission, unless the DFA or consulate prefers to notarize it in-house.

  2. Fees and Charges

    • Notarial Fee: Varies depending on the notary public’s fee structure in the Philippines or overseas.
    • DFA Processing Fee: Standard passport renewal or application fees apply; the affidavit itself may not incur additional costs beyond standard notarial charges unless special processing or penalties are involved.
    • Penalty or Surcharge: In case of late surrender or if the DFA deems the situation non-compliant with regulations, there may be penalties. Each case is evaluated individually.

  3. Timeline

    • Once the affidavit is executed, it is typically presented together with your passport application. Processing times may vary—some posts or offices might process your application on the same day, while others schedule a separate evaluation or require additional verification steps.

6. Practical Tips and Reminders

  1. Honesty and Transparency

    • When dealing with passport-related matters, always disclose if you possess or have possessed multiple passports. Transparency significantly reduces the risk of complications.
    • If you previously reported a passport as lost but recovered it afterward, notify the DFA or nearest Philippine Consulate immediately.

  2. Keep Accurate Records

    • Track all passport numbers, dates of issuance, expiry dates, and reasons for replacement or renewal.
    • If you hold more than one citizenship, maintain separate records for each passport to ensure you can account for every instance of issuance or renewal.

  3. Consult an Attorney if Needed

    • If there is any complexity in your case—such as suspected fraud, prior criminal charges, or conflicting data—seeking professional legal advice is recommended.
    • Legal counsel can guide you in drafting a clear, concise, and legally sound affidavit and may represent your interest in case of administrative or judicial proceedings.

  4. Respect the Legal Formalities

    • Execute your affidavit properly and have it notarized according to Philippine law or consular regulations.
    • Failure to comply with official requirements can lead to delayed or denied passport applications.

  5. Avoid Misuse or Non-Disclosure

    • Deliberate concealment of a passport can expose you to penalties under the Philippine Passport Act, including possible criminal liability for providing false statements.
    • If the DFA discovers fraudulent intention, there can be heavier penalties, including blacklisting from passport issuance for a certain period.

7. Conclusion

An Affidavit of Explanation for Undeclared Passport is a crucial legal document for individuals who neglected, forgot, or failed to declare an older or alternate valid passport in the Philippines. It provides the applicant the opportunity to clarify the circumstances surrounding the undeclared passport. By producing a sworn statement, applicants demonstrate good faith and compliance with the Philippine government’s regulations.

Key takeaways include:

  1. Necessity: It may be required by the DFA or a Philippine Consulate to explain discrepancies in passport records.
  2. Content: Must thoroughly explain the reason for non-declaration, along with verifiable details of the passport in question.
  3. Legal Form: Must be signed under oath and notarized, reflecting genuine intent and truthfulness in the explanation.
  4. Benefits: Clarifies issues for the DFA, enabling them to process your application without suspicion of fraud.

Always ensure you provide complete and honest information to authorities when dealing with passport applications and renewals. If in doubt, consult an attorney or speak with a DFA representative for guidance on how to properly navigate the process.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

Privacy Policy

Terms of Use

Lawyer Login

 
 
Privacy Policy         Terms of Use         Lawyer Login