Section 22Sec./Art. 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.

(b) Offenses relating to forgery; penalties. - Imprisonment of not less than six (6) years and one (1) day to fifteen (15) years and a fine of not less than One hundred thousand pesos (P100,000.00) but not more than Two hundred fifty thousand pesos (P250,000.00) shall be imposed upon any person or entity who willfully and knowingly:

(1) Falsely makes, forges, counterfeits, mutilates or alters any passport or other travel document or any supporting document for a passport application. The possession of the documents herein mentioned shall be prima facie evidence of commission of acts enumerated herein; or

(2) Use or attempts to use, or furnishes to another for use, any such false, forged, counterfeit, mutilated, altered, or cancelled passport or other travel document.

(c) Offenses relating to improper use of passports, other travel documents, and supporting documents; penalties. - Imprisonment of not less than six (6) years and one (1) day but not more than fifteen (15) years and a fine of not less than One hundred thousand pesos (P100,000.00) but not more than Two hundred fifty thousand pesos (P250,000.00) shall be imposed upon any person who willfully and knowingly:

(1) Uses or attempts to use any passport or other travel document issued for the use of another;

(2) Uses or attempts to use any supporting document belonging to another; or

(3) Sells, trades, pawns, mortgages, or uses a passport or other travel document as a collateral to secure debt, or in any manner uses such passport or other travel document as currency or object of commerce: Provided, That in such situation, the buyer, trader, creditor, or mortgagee shall also be liable to the same extent as the passport/travel document holder.

(d) Offenses relating to issuances; penalties. - Imprisonment of not less than six (6) years and one (1) day but not more than twelve (12) years and a fine of not less than One hundred thousand pesos (P100,000.00) but not more than Two hundred fifty thousand pesos (P250,000.00) shall be imposed upon any person or entity who:

(1) Acts or claims to act in any capacity or office under the Republic of the Philippines without lawful authority, accepts passport applications, grants, issues or verifies any passport or other travel document to any or for any person whomsoever, or is caught selling in whatever capacity passport application forms, or lost or stolen passports and travel documents;

(2) Acts or claims to act in any capacity, with the intention to profit thereby, intercepts a person proceeding to the DFA or any of its consular offices or FSPs to apply for a passport or other travel document, and persuades, entices, encourages, or misleads such applicant to course the application through another person or agency other than the DFA or its personnel on the pretext of facilitating its approval or issuance by the DFA.

(3) Being neither a diplomatic or consular official, nor an employee authorized to grant, issue, or verify any passport or other travel document to or for any person, and even though not claiming to be such, offers, for any material gain or consideration, to escort a passport applicant, or assist the same in booking an appointment, filling out an application form, making payments, handling application documents, or any other action relating to passport application;

(4) Hoards and/or sells online passport appointment slots for pecuniary gain or advantage;

(5) Being a diplomatic or consular official authorized to grant, issue, or verify passports, knowingly and willfully grants, issues, or verifies any such passport to any or for any person not a citizen of the Republic of the Philippines; or

(6) Being a diplomatic or consular official, knowingly and willfully grants, issues, or certifies to the authenticity of any passport or other travel document for any person not entitled thereto, or knowingly and willfully issues more than one (1) passport to any person except as provided for in this Act.

(e) Offenses relating to false statements; penalties. - Imprisonment of not less than six (6) years and one (1) day but not more than twelve (12) years and a fine of not less than One hundred thousand pesos (P100,000.00) but not more than Two hundred fifty thousand pesos (P250,000.00) shall be imposed upon any person who willfully and knowingly:

(1) Makes ant false statement in any application for a passport or other travel document with the intent to induce or secure the issuance of a passport or other travel document contrary to this Act or rules and regulations prescribed pursuant thereto;

(2) Makes any false statement in an affidavit declaring a passport or other travel document as lost or destroyed; or

(3) Uses or attempts to use any passport or other travel document which was secured in any way by reason of any false statement.

(f) Offenses pertaining to unfair and discriminatory practices. - Any violation of Section 6 of this Act shall warrant the following penalties and liabilities:

(1) First Offense: Administrative liability with six (6) months suspension;

(2) Second Offense: Administrative liability and criminal liability of dismissal from service, perpetual disqualification from holding public office and forfeiture of retirement benefits and imprisonment of eighteen (18) months and one (1) day to six (6) years with a fine of not less than One hundred thousand pesos (P100,000.00) but not more than Two hundred fifty thousand pesos (P250,000.00)

(g) Syndicate or on a large scale. - The penalties provided for under this section shall be imposed in their maximum when the offenses are committed by a syndicate or on a large scale.

The offense is deemed committed by a syndicate if carried out by a group of three (3) or more persons conspiring or confederating with one another.1aшphi1 It is deemed committed on a large scale if committed against three (3) or more persons, individually or as a group.

(h) Offender is a public official. - In addition to the penalties prescribed in this section, the offender shall be dismissed from service and shall suffer perpetual absolute disqualification to hold public office.

(i) Offender is a corporation, partnership, association, or any juridical person. - The penalty prescribed in this section shall be imposed upon the president, partner, manager, and/or any responsible officer of the corporation, association, or any juridical person who directly participated in the commission of the violation of this Act and/or allowed its perpetuation and continuance: Provided, That in every case, the criminal conviction of the liable person shall cause and carry the automatic revocation of the business license and/or special certificate of accreditation or certificate of registration of the corporation, partnership, association, or the juridical person: Provided, further, That these entities and the persons who are criminally held liable for the violation of this Act shall not be allowed to operate similar establishments under different names.

(j) Offender is an alien. - In addition to the penalties prescribed in this section, the alien shall be deported after serving the sentence and be permanently barred from entering the Philippines.