DFA defends authority to issue visa, passport
The Department of Foreign Affairs (DFA) has defended its legal authority to issue Philippine visas, rejecting anew Ombudsman Jesus Crispin Remulla’s claim that such powers belong exclusively to immigration authorities under the Department of Justice (DOJ).
In a statement on Sunday, the DFA said its authority to issue visas was expressly provided under the Administrative Code of 1987, and not merely delegated by the DOJ.
Its response was in reaction to remarks made by Remulla, a former justice secretary, on his radio program over dzRH on Saturday, as he questioned the DFA’s authority to issue visas and also raised concerns about its passport services.
The DFA said that its “visa-issuance authority is founded on law [and] is neither derived from nor dependent upon delegation by the DOJ.”
It cited Section 21 (3), Chapter 7, Title I, Book IV of Executive Order No. 292, or the Administrative Code of 1987, which recognizes visa issuance as a statutory function of Philippine consular offices.
It also invoked the Vienna Convention on Consular Relations, saying the treaty recognizes visa issuance as a consular function that may be exercised by diplomatic missions.
Presidential directives
At the same time, the DFA defended the 14-day visa-free entry arrangement for Chinese nationals, saying it was issued pursuant to a directive from President Marcos to promote trade, investments, tourism and people-to-people exchanges between Manila and Beijing.
Under Foreign Service Circular No. 2026-005, Chinese nationals may enter the Philippines without a visa for tourism or business purposes for up to 14 days. The privilege is nonextendible and nonconvertible.
According to the DFA, the arrangement’s implementing procedures were determined in coordination with concerned government agencies under the One-Country Team policy.
“Any reported misuse of the visa-free entry privileges warrants appropriate investigation by the Philippine law enforcement agencies,” it said.
“Such incidents do not establish impropriety on the part of the DFA nor demonstrate that the arrangement was implemented unlawfully,” it added.
In October, the DOJ said that small-scale Philippine offshore gaming operators continue to exist despite the nationwide ban ordered by Mr. Marcos, with Chinese nationals reportedly being apprehended for overstaying their visa-free privilege.
Malacañang earlier asked the DFA to review the visa-free entry for Chinese tourists after reports that the policy was allegedly being exploited.
Sovereign authority
The DFA also upheld its visa processing requirements after Remulla cited a Chinese businessman’s observation that obtaining a Philippine business visa was “more difficult” than securing one from another country.
It explained that each country has sovereign authority to determine its own visa requirements and procedures.
For Chinese nationals applying for a Section 9 (a-1) business visa in the Philippines, the standard processing period is five working days from submission of complete requirements, provided there is no derogatory information, the DFA said.
Chinese nationals making short-term business visits may also use the 14-day visa-free entry arrangement, subject to its conditions, it added.
The DFA likewise rejected allegations regarding its passport services, denying that it issues fake passports or deliberately imposes burdensome documentary requirements on applicants.
It said all passport requirements are provided under Republic Act No. 11983, or the New Passport Act, and its implementing rules and regulations.
The DFA explained that documentary safeguards and identity verification procedures are necessary to prevent passport fraud.
It also condemned insinuations that passport and visa services were commercial undertakings and denied corrupt practices within the agency.
“The DFA firmly rejects any suggestion that the department treats passports and visas as commodities for sale. Passport and visa fees are collected pursuant to the prescribed government schedule of fees and form part of government revenue,” it said.
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