Waiver of Exclusion Ground

Sec. 29 (a) of Commonwealth Act No. 613 or The Philippine Immigration Act of
1940 provides for the classes of aliens which shall be excluded from entry into the
Philippines. Among those classes of aliens are: Children under fifteen years of age,
unaccompanied by or not coming to a parent, except that any such children may be
admitted in the discretion of the Commissioner of Immigration, if otherwise
admissible (Par. 12 Sec. 29(a) of Comm. Act. 613).
In order for them to be admitted into the Philippines, they must secure a Waiver
of Exclusion Ground (WEG) from the Bureau of Immigration, upon proper coordination
with the Department of Foreign Affairs (DFA). They may be allowed admission upon the
approval of the Commissioner of the Bureau of Immigration (BI).1
Only minors under 15 years of age holding foreign passports (non-Filipino
citizens) who are unaccompanied by parent/s (or accompanied by persons not his/her
parent/s) or are not meeting their parents in the Philippines are covered by the WEG
requirement. The following are exempted from the WEG Requirement:

Foreign minors accompanied by either parent (NOTE: If the last name of

the child is different from the last name of the accompanying parent,
documentary proof of the relationship between the parent and the child
may need to be presented to the airline and the Immigration Officer; the
childs authentic Birth Certificate is recommended).
Foreign minors 15 years old and above;
Foreign minors (below 15 years old) with Philippine ancestry if they are
accompanied by a Filipino grandfather, grandmother, guardian or relative,
provided that the accompanying travel companion submits proof of the
childrens Philippine ancestry to the Bureau of Immigration at the port of
entry. The parent of the child/ren is advised to execute an Affidavit of
Consent to Travel that states the name of the travel companion and the
latters relations with the child/ren. The Affidavit must be executed at the
Philippine Consulate General, signed by at least one natural parent or
guardian.
Foreign minors below 15 years old who have lawful residence in the
Philippines or have been issued re-entry permit;
Dual Filipino-Foreign nationals who can show proof of Philippine
citizenship (valid Philippine passport or Identification Certificate) in
addition to a foreign passport.2

If a child holding a foreign passport under 15 years old is going to meet his/her
parents in the Philippines, he/she must prepare proof that his/her parents are in the
Philippines, for possible presentation to the airlines or to the Immigration Officer in the
Philippines.3
There are no additional documents required by the Philippines for a foreign minor
departing from the Philippines and going to a foreign country. A travel clearance is not
required.

Bureau of Immigration Website (http://www.immigration.gov.ph/index.php/faqs/waiverforexclusionground)

2 Philippine Consulate General Advisory Minors Travelling to the Philippines
3 Travel Advisory - Visa-Free Entry for Nationals holding Emergency Passports September 4, 2012
(http://www.philcongen-hk.com/visas/main.htm)

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If a minor is a holder of a Philippine passport, it is imperative to secure a Travel

Clearance from the DSWD before departing from the Philippines if:

A Filipino minor is travelling alone to a foreign country ;

A Filipino minor is travelling to a foreign country accompanied by
person/s other than the parent/s.

The travel clearance is valid for a period of one (1) year from the date of issuance
and shall be valid for multiple travels within the validity period, provided the conditions
under which the travel clearance was issued have not changed. If a change in condition
occurs like a change in travelling companion, a new travel clearance must be obtained.4
The parents will also need to execute an Affidavit of Support, Guaranty and
Consent to Travel before departing from the Philippines.
There are no information regarding the documentary requirements required for a
child travelling alone or accompanied by a person other than his/her parents. However, I
believe this is already covered by travel clearance (multiple travels) and the Affidavit of
Consent to Travel (the name and details of the person accompanying the minor must be
stated).

Application Process - WEG

There are two ways to avoid exclusion of a foreigner minor under 15 years of
age unaccompanied by parents. The first one is by notifying the Commissioner of
Immigration before arriving in the Philippines. The procedure is as follows: (a copy of
the checklist of documentary requirements is annexed in this report)
1.
The minors guardian or legal representative shall, at least 72 hours before
arrival, notify the Commissioner of Immigration in writing of intent to travel to the
Philippines.
2.
The letter of intent shall include a request for the minors waiver of
exclusion and the relinquishment of exclusion fees. Copies of the minors valid passport,
visa (if required), return ticket and invitation from a parent or sponsoring entity shall also
be attached.
3.
Finding merit in the request, the Commissioner of Immigration shall issue
an Order that waives the minors exclusion. The order may also waive the exclusion fees;
otherwise, a waiver fee of P3120 shall be imposed. The minors guardian or legal
representative shall be given copies of this order.
4.
The Commissioner of Immigration shall send a copy of the Order to the
Immigration Duty Supervisor (IDS) at the port of entry. This Order shall waive the
minors exclusion and, if allowed, also the fees waiver.

DSWD Website (http://www.dswd.gov.ph/faqs/travel-clearance-for-minors/)

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1.
The minors guardian or legal representative presents copies of the
minors passport and attaches these to filled-out Waiver of Exclusion (WE) forms
obtained from IDS.

The second way to avoid exclusion occurs when the Commissioner of

Immigration was not given prior notice. In this scenario, the following should be done
upon arrival in the Philippines:

2.
After determining that the filled-out WE forms are in order, the IDS shall
note Approved for Payment and direct the minors guardian or legal representative to
pay a P3120 waiver fee for each unaccompanied minor. Payment shall be made to an
authorized cashier at the port of entry. The cashier shall retain a copy of the WE forms.
3.
After payment, the minors guardian or legal representative shall present
WE forms official receipt of the payments to the IDS. (The IDS shall note the serial
number of official receipt and the total receipts serial number below the admission stamp
and cancelling the receipts.
4.
The IDS shall then direct an Immigration Officer (IO) to admit the minor,
after noting the official receipts serial number below the admission stamp and cancelling
the receipts.
If the alien minor will be coming from Japan, the following documents must be
presented to the Philippine Embassy Consular Sections notarial services window5:
1.
Two copies of duly accomplished Affidavit of Support and Guarantee with
Consent to Travel for WEG, to be signed by the childs parent/legal guardian in person at
the embassy, or before a Japanese notary public if the parent/legal guardian cannot appear
in person at the embassy. (A copy of the Affidavit of Support and Guarantee with
Consent to Travel for WEG is attached in this report)
2.
Two copies of duly accomplished Application for WEG (signed by
parent/legal guardian). (A copy of the WEG Application Form is attached in this report)
3.

Passport-size photograph of the child (2 pcs);

4.

Valid passport of minor child (2 copies of data page);

5.

Valid passport of travel companion (2 copies of data page);

6.
Valid passport of parent/legal guardian who executed the affidavit (2
copies of data page)
8.

Record of Birth of the child (2 copies) which may be any of the following:

If the child was born in the Philippines, submit the NSO-authentic birth
certificate.
If the child was born in Japan and reported to the Philippine embassy,
submit the childs Report of Birth.
If the child was born in Japan but was not reported to the Philippine
embassy, submit the childs koseki tohon with English translation.

Upon submission of the above documents, the application will then be submitted
for the approval of the Commissioner of Immigration in the Philippines. If granted, a
WEG order will be issued and the person granted WEG shall pay the WEG Fee (PHP
3,120.00) upon arrival in the Philippines. The payment of the WEG fee and the issuance
of the WEG Order are both done at the port of entry in the Philippines.

Philippine Embassy of Japan Website (http://tokyo.philembassy.net/consular-section/services/visa/waiverof-exclusion-ground-weg/)

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Note: Different airline companies may have their own rules regarding minors
unaccompanied by parents. Some may require additional documents and proof of identity

as well as additional fees. Example: Philippine Airlines does not allow children below 8
years old to travel alone. They also charge additional fees for each unaccompanied minor
ages 8-11 years old.
To summarize, the following are the rules on minors travelling to and from the
Philippines unaccompanied by parents:
1.

Foreign Minor:
a. travelling to the Philippines
i. below 15 years old WEG is required
ii. 15 years old and above WEG not required
b. travelling from the Philippines to a foreign country no additional
documents required
Filipino Minor:
a. travelling to the Philippines WEG is not required. Needs travel
clearance and Affidavit of Support, Guarantee and Consent to Travel obtained
before departure from the Philippines.
b.travelling to a foreign country needs travel clearance obtained from
DSWD and Affidavit of Support, Guarantee and Consent to Travel.

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2.