LUIS G. PERALTA, in his own behalf and in behalf of other Filipino residents in Hongkong vs. HON.

FELIXBERTO SERRANO, in his capacity as Secretary of Foreign Affairs, and HON. EDUARDO ROSAL, in his capacity as Consul General of the Philippines in Hongkong FACTS: Luis Peralta, is a Filipino, a resident of Kowloon, Hongkong and a holder of Philippine passport who continuously renew the same upon its expiration in the Philippine Consulate in Hongkong. The DFA issued and order providing that Philippine foreign service establishment abroad are prohibited from accepting payment of fees in Philippine Peso for the services rendered or performed. In turn, the payment for renewal of passport of petitioner was refused by the respondent Consul General and instead exacted of him payment in US dollars or local currency. Peralta averred that the order is illegal and void being contrary to Revised Administrative Code which provides that Philippine Peso shall be legal tender for all debts, public or private. On the other hand, respondents main argument was that the department order in question conforms to the Central Banks authority to establish uniform margin of not more than 40 percent over selling rate of foreign exchange. ISSUE: Whether or not the DFA Order No. 67 which provides that the issuance and renewal of passport shall be paid in dollar or local currency valid. RULING: No, the Order is invalid. The fees prescribed for the obligations owing to the Philippine Government, therefore public debts. Although the tender of Philippine peso in payment of said fees is made by petitioner in Hongkong, the character of the fees as public debts does not disappear which means, payable in legal tender, that currency which has been made suitable by law for purposes of a tender of payment of debts, Philippine Peso.