The Department of Foreign Affairs (DFA) clarified that it cannot cancel passports without specific court orders, following accusations from Rep. Toby Tiangco that the agency was “lawyering” for former congressman Zaldy Co by refusing to revoke his passport.
“Congressman Toby Tiangco’s allegation that the DFA is ‘lawyering’ for Congressman Zaldy Co by not canceling his passport reflects a misunderstanding of the legal standards governing passport cancellation,” the DFA said in a statement.
The department explained that under the New Passport Law, it may only cancel or revoke a passport “upon grounds expressly provided by law, such as passport acquired fraudulently, tampered with or issued erroneously, or upon orders of the court when the holder has been convicted of a criminal offense or fugitive from justice.”
“This process is governed by established legal criteria and is not subject to arbitrary or political considerations,” the DFA stressed.
It also emphasized that the agency’s adherence to due process and the rule of law cannot be compromised, stating, “Our respect for the constitutional guarantee of due process and the rule of law cannot be rewritten on a whim – the government cannot simply play ‘gotcha’ with passports.”
The DFA urged Tiangco to pursue appropriate legal remedies if he possessed “genuine concerns and substantive evidence,” rather than making unfounded accusations.
In response, Tiangco maintained that the Administrative Code gives the DFA secretary authority to cancel passports based on Article III, Section 6 of the Constitution.
“The right to travel is not absolute. It can be restricted in the interest of national security, public safety or public health, without need of a court order,” Tiangco said.
