Child Exit Clearance Certificate

yikes.

having a relationship with a woman who is still legally married to someone else is a very complicated situation in and of itself. if i am not mistaken,  if you are living together - which i presume you might be - its actually illegal to be living together if she and her husband are still legally married....let alone the two of you having had kids together and are not married. that also complicates the matter for you , i should think.

this is an interesting scenario. i would like to see what others might be willing to share.

@kristopherryanwatson  - that is a crime here in the Philippines. You can be charged together with the woman for Adultery if the husband wanted to be vindicated or just want money; so I advice to be discreet and get a parental authority for your children;

@kristopherryanwatson  - message should be for Jamescroft321

@Cynthiavilla

you can easily edit your initial message, and just tag the right person..   😉

Just did a quick check, might be useful.

Illegitimate children

The Family Code of the Philippines vests the mother with the parental authority over an illegitimate child (Article 176).

If travelling with the mother, a DSWD travel clearance is not required.

If travelling with a person other than the mother, a DSWD travel clearance is required.

If travelling with the biological father, a DSWD travel clearance is required. However, if a Court Order has granted parental authority to the father, a DSWD travel clearance is not required.

If travelling with an adult other than the mother, a DSWD travel clearance is required.

Ref. Department of Social Welfare and Development, Philippines

@jamesacroft321 travelling with a person other than the mother, a DSWD travel clearance is required. If travelling with the biological father, a DSWD travel clearance is required. However, if a Court Order has granted parental authority to the father, a DSWD travel clearance is not required;

@kristopherryanwatson 😊

To the OP,

You might want to check this out.

https://www.philippine-embassy.org.sg/t … -minors-2/

It states that:

"For minor illegitimate children travelling abroad with the biological father

A minor illegitimate child who is travelling abroad accompanied by the biological father is required to secure a travel clearance certificate as parental authority is vested only to the mother of the child, per Article 176 of the Family Code of the Philippines."

"For minors travelling ALONE to a foreign country for the first time

Duly accomplished DSWD Travel Clearance application form , . . . .

(if child is illegitimate) a Certificate of No Marriage (CENOMAR) issued by the National Statistics Office (NSO) . . ."

Since you are travelling with your children and you are the biological father, you don't need the CENOMAR. I believe that you can't apply for the travel clearance certificate online. You do need to go to DSWD in person to get issued a travel clearance certificate for each of your children. Probably best to bring along your kids' mom when you go to DSWD.

https://fo10.dswd.gov.ph/services/proce … ng-abroad/

It doesn't state there what documentation you need to bring. So, you might want to bring your children's birth certificates and passports and 2 government-issued ID's of you and the mom.

Some are able get their kids a Filipino Passport and exit the country with that passport while entering the UK with their UK passports, as allowed under the derivative citizenship status. If they don't have both passports, you may have at least two issues: There may be large fines if your kids born here, that only have a UK passport and you have not registered them for a Philippine passport. They can't travel out of the country with just a local birth certificate but are allowed to have two passports as minors; whether legitimate, illegitimate, etc., (again under RA 9225).

Of course, the laws are discriminatory to women including Articles 333 and 334 of the Revised Penal Code on adultery and concubinage. The woman is charged with "adultery" while the man is only charged with "concubinage". Therefore, in the very long-term, an "annulment" fixes the "Unfaithfulness" under Republic Act No. RA 9262.

However, as a different topic, you should take a very close look at RA 9710, which provides for the amendment or repeal of laws that are discriminatory to women (i.e., including Articles 333 and 334 of the Revised Penal Code on adultery and concubinage (Section 12).).

RA 9225 - "Under the principle of derivative citizenship, unmarried children below eighteen (18) years of age, whether legitimate, illegitimate, or adopted, of former Filipino parents who retained/reacquired their Philippine citizenship under this law, may also be deemed Filipino citizens, if they are included in the parent’s application for retention/reacquisition of Philippine citizenship and the requisite fees paid."

Source: https://newyorkpcg.org/pcgny/consular-s … p-ra-9225/

There is no problem but merely procedural if the parents are in agreement to bring the child anywhere outside or within the country;

The problem exist when one of the parents are not traveling with the child even within the Philippines;

In the Philippine Law authority of the mother over the illegitimate child is absolute and the father has no authority at all; he has no rights over the child;

As to the topic of dual citizenship of children that is a separate topic in itself. Minors are considered automatically having 2 citizenship that of his father and mother; but being illegitimate, it will carry the mother's citizenship.

There are several ways a Filipino can regain back their citizenship;

Just tell the mother that the child will be better off with his/her father as she has a family already; as to the DSWD just get the requirements for traveling;

There are many laws that govern children and women to look into this you need a lawyer to interpret the law;

@Calif-Native I have travelled in and out of the country with my son having only an Australian passport and a Philippine citizen certificate

I would be very very careful if I were you. Does your girlfriends husband know about you at all and your plans to bring the children to the UK.

I am also British and live in the UK and used to watch a TV series called 'Banged Up Abroad'. Mostly it was about Westerner's who had been tempted by the quick and easy money offered to become drug mules. One episode was about a British man who had met a Filipino online and they had formed a relationship. Unfortunately, she was married and her husband was the jealous type, had them followed, etc. The husband used the Philippines Adultery Laws to have them thrown in jail. I also remember the British guy speaking with the police and a police officer saying he would kill the husband for money.

Not good, the couple went through hell so I would think twice if I were you.

Just a heads up : Always I mean always do double check with CENOMR which has this online application portal that issues the requestor an official certificate that states that the person whose name appears on the document is single and free to marry without any legal impediments.

Infact I had mine done online & couriered overseas.

@Cynthiavilla....  "being illegitimate, it will carry the mother's citizenship." is not accurate.  An illegitimate child can have the dad's citizenship, as follows:.

    1.     Regarding Philippine law on child's surname:  If the father executes the "Affidavit to Use the Surname of the Father" (AUSF) after a registered birth cert or the father acknowledges the child at the back of the birth certificate or in a separate public instrument (then registers the birth cert), the surname of the father is allowed under the provisions of R.A. 9255, regardless if the parents are married or not.

    2.     Regarding additional citizenship beyond the Philippine citizenship of the child: 

For US dad's - the "Consular Report of Birth Abroad or CRBA must be used as evidence of United States citizenship being issued to a child born abroad to a U.S. citizen parent or parents who meet the requirements for transmitting citizenship under the Immigration and Nationality Act (INA)."  Then a US Passport and SSN can be processed at the same time.  Again, regardless if the parents are married or not.  (Form FS-240)

For UK dad's - Must registered locally (Philippines), then the birth will be recorded with the General Register Offices or at the National Records Office of Scotland to get British Nationality, then the "first child" passport is possible.  If the child is under 12,  you must get someone else, known as your "countersignatory", to fill in section 10 of the UK application.  Once more, regardless if the parents are married or not.

Either way, a DSWD Travel Clearance to leave the Philippines, signed by both parents, will be required in most cases.

@Rex71 I am not familiar with the "Philippine citizen certificate", but if it is the same as the "Recognition as a Filipino Citizen" allowed under Bureau of Immigration’s Law Instruction No. RBR-99002, it is allowed with an authenticated Philippine birth certificate of the child, if born in the PI. 

Details like where your child was born can make a difference in applying for a Philippine passport vs. Recognition as a Filipino Citizen.  So, if your child was born in Australia, in order to get a Philippine passport, the child’s birth must be reported at the Consulate or Embassy that has jurisdiction.

@jamesacroft321

I have a 4 yr old Philippine born daughter with a Philippine Citizen out of wedlock (illegitimate) status. I went to the DSWD to obtain a travel clearance and was told that i did not need one since my daughter was a valid U.S. Passport holder. But I did not want to risk going to the Airport then getting denied the exit out of the country with my daughter, so i was provided with an exemption letter from the DSWD stating that my daughter was allowed to travel with me and without the Mother due to the fact that she was a US passport holder. My requirements to get the letter were my Daughters PSA birth cert, Daughters US Passport,  Notorized Affidavit of Consent from Mother, Both Parents GoV issued IDs, i had the Cenomar but i dont believe it was required (i think your situation of her being married might complicate things), an affidavit of travel support, and of course the Mother had to be present at the DSWD office when i prOvided the paperwork. But i say again at first the DSWD agent told me i did not require any Exit clearence because she had a US passport, it was at my request that they gave me the exemption letter for travel. Maybe the same policy applies to minors with British passports. Good Luck. And dont forget you have to get an ECC exit clearance from the BI offices for your children and pay the BI travel fees if your children are leaving the country for the first time and are not daul passport holders. And if you havent kept up with their Visa renewals at the time the got their British Passports its going to cost you 30-35k pesos per year of non renewal penalty fees to the date of travel. I got my daughter the US passport in 2021 and am taking her out of the country in summer 2024 so when i went to the BI office to get an ECC clearance for her they told me in order to get my daughter out of the country i had to pay over 100k pesos because for 3 years i never acquired  her a philippine visa immediately after she received her US Passport for the first time in 2021. The only way to avoid this hassle is to get your children Philippine passports as well, if you made the same error i made in not acquiring them philippine visas and renewed them when they expired. Again Good luck with your situation.