DESK REVIEW ON POPULATIONS AT RISK OF STATELESSNESS C.3. Philippines: Context, Barriers, Issues and Challenges faced by PJD Based on interviews with the PNLSC, there were many cases of individuals who were not aware that they did not have Filipino nationality. They only became aware when they tried to obtain a passport.191 There are cases where once the lack of nationality is discovered, immigration imposes fines for illegally overstaying, and after 70 years, the fines can rise to about ¥3,300,000 (PHP 1,440,000).192 PNLSC must then intervene to try to negotiate with the Bureau of Immigration (BI) to waive fees. In addition to fees, if a person is considered an overstayer, then once they go out of the Philippines, they will not be permitted to return. Through initial consultations with the BI as well, it was shared that although fees are generally non-negotiable, cases involving PJD are often special cases, and can be worked out with the DOJ, as the Secretary of Justice is authorized to make such accommodations.193 Through initial consultations with the BI, it was shared that PJD have approached the Immigration office often in one of two different scenarios: either they come with no records at all and apply for a passport, or they come with a Japanese passport, and that is where the fine often comes in.194 The BI will follow the provisions of the law, such that a person born of a legitimate marriage between a Japanese father and a Filipino mother before 1973 is considered to be a foreigner. Where their mother is Filipino, they may elect Filipino nationality.195 The 1935 Constitution and CA No. 625 did not prescribe a time period within which the election of Philippine citizenship should be made, but the courts have determined that the election should be made within a “reasonable time.” The phrase “reasonable time” has been interpreted to mean that the election should be made generally within three years from reaching the age of majority.196 Beyond that time frame, it would be a delayed election, and would require many documents, but it is possible that accommodations may be made by the local registrar and A birth certificate as a basic document may be required, among others, to support the application for issuance of a Philippine passport. DOJ has noted that in one PJD case, it was noticed that the birth and marriage certificates presented that the PJD is a legitimate child of a Filipino mother and Japanese father born under the effectivity of the 1935 Constitution. Proof that the PJD elected Philippine citizenship was also requested, as required under CA No. 625, but none was shown, thus, the denial of the passport application. 191 Initial Consultations with the Bureau of Immigration, 13 August 2020. (the standard fee is 2,000 pesos per year, so if they are 70 years old, that is 140,000 pesos). 192 193 Initial Consultations with the Bureau of Immigration, 13 August 2020. 194 Ibid. Under CA No. 625, the statutory formalities of electing Philippine citizenship under CA No. 625 are: (1) statement of election under oath; (2) an oath of allegiance to the Constitution and Government of the Philippines; and (3) registration of the statement of election and of the oath with the nearest civil registry. Furthermore, under the Alien Registration Act of 1950, the party electing Filipino nationality is required to register as an alien, and thereafter to file a petition with the Bureau of Immigration for the cancellation of the alien certificate of registration (ACR) based on the election of Philippine citizenship. This petition is then elevated to the DOJ for review and final determination. (See, Republic v. Sagun, G.R. No. 187567, 15 February 2012). 195 196 64 See, for example, Go, Sr. v. Ramos, G.R. Nos. 167569, 167570 & 171946, 4 September 2009. UNHCR / April 2021