Dear PAO,

I am a sea-based OFW who disembarked in October 2024. Shortly thereafter, I surrendered my travel and employment documents, including my passport, to the manning agency with the expectation that they will process the renewal of my US visa. Two weeks later, I was informed that my contract will not be renewed. When I tried to obtain my passport from the agency, they refused to give it back because of a fee that I failed to pay for the processing of my documents from my last contract. As I am now unemployed, I do not have the money to pay it back in order to retrieve my passport. I want to know if it is legal for the manning agency to withhold my passport because of my monetary obligation. Thank you very much.

Pipoy

Dear Pipoy,

The manning agency cannot legally confiscate and withhold possession of your passport. The Philippine passport is a property of the government of the Philippines and only the Department of Foreign Affairs (DFA) may legally confiscate it. The illegal withholding of passport is governed by Sections 13 and 22 of Republic Act (RA) 11983, otherwise known as the “New Philippine Passport Act,” which provides that:

“Section 13. Ownership of Passports. – A Philippine passport remains at all times the property of the government and the same may not be confiscated by any entity or person other than the DFA. Any other government agency, official or employee who confiscates a passport or travel document shall promptly turn over the same to the DFA.

“Persons who confiscate or otherwise withhold a passport without authority therefor shall be punished in accordance with Section 22(a) of this Act. x x x

“Section 22. Offenses and Penalties. – (a) Offenses relating to illegal withholding of passport; penalties. – Any person or entity without legal authority who confiscates, retains, or withholds any passport issued by the DFA shall suffer the penalty of imprisonment of not less than twelve (12) years and one (1) day but not more than twenty (20) years. and shall pay a fine of not less than One million pesos (P1,000,000.00) but not more than Two million pesos (P2,000,000.00): Provided, That a prosecution under this Act shall be without prejudice to any liability for violation of Republic Act No. 8042 or the ‘Migrant Workers and Overseas Filipinos Act of 1995’, as amended. x x x”

The fact that you have an outstanding balance to the agency does not give them the right to withhold your passport. Illegally withholding your passport effectively restricts your right to travel under Section 6, Article III of the Constitution. Aside from being criminally liable under the aforementioned law, the manning agency can also be held civilly liable for damages if losses were incurred due to such confiscation. Moreover, the Department of Migrant Workers (DMW) may suspend the agency’s license for six months and one day to one year for withholding or denying release of travel and other pertinent documents to a worker despite demand under Part VI, Rule II, Section 139, I(f) of the 2023 DMW Rules and Regulations.

For now, you can formally demand your previous manning agency to return your passport and if they refuse to heed your request, you can proceed to file a complaint before the DMW or the courts, depending on the case you wish to file against the agency.

We hope that we were able to answer your queries. This advice was 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.

Thank you for your continued trust and support.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]