DESK REVIEW ON POPULATIONS AT RISK OF STATELESSNESS
October 2020 by the House of Representatives,89 while Senate Bill 56 and 211290 are
pending at the Committee level in the Senate. Passage of a foundling bill would codify
judicial precedent and ensure ongoing consistency with the 1961 Statelessness Convention,
and aligns with the Convention on the Rights of the Child, Philippine Development Plan
2017-2022, National Action Plan to End Statelessness, the Philippines’ High-Level Segment
on Statelessness pledge, and other relevant frameworks.
A.5. Refugees and Stateless Persons
The Philippines ratified the 1951 Refugee Convention and the 1967 Protocol in 1981 and
acceded to the 1954 Statelessness Convention in 2011. There are legal provisions in the
Immigration Act of 1940 as amended, that predate these ratifications and grant the President
the authority to authorize admission for humanitarian reasons to “refugees,” and authorize
the admission of quota immigrants “without nationality.” Under DOJ Circular No. 58, a
Refugees and Stateless Persons Protection Unit (RSPPU) has been established and a
procedure to identify and protect refugees and stateless persons is in operation. There is,
however, a lack of a comprehensive law institutionalizing the Refugee and Stateless Status
Determination (RSSD) Procedure and codifying the rights of persons of concern in the areas
of protection, durable solutions, and access to services among others as found in relevant
policies, rules, and regulations.
National Policy and Legal Framework for Refugees and Stateless Persons
on the Admission of Refugees and the RSSD
Commonwealth Act No. 613, as amended, “the Philippine Immigration Act of
1940”
Section 13: “…there may be admitted into the Philippines
immigrants, termed “quota immigrants” not in excess of 50 of any
one nationality or without nationality for any calendar year”
Note: This authority has been delegated
to the Secretary of Justice pursuant to
Presidential Decree No. 830 series of 1975
and Letter of Instruction No. 47 dated 18
August 1976 and Administrative Order No.
142 series of 1994
Section 47(b) the President is authorized… “for humanitarian
reasons, and when not opposed to the public interest, to admit
aliens who are refugees for religious, political, or racial reasons, in
such classes of cases and under such conditions as he may
prescribe.”
National Policy and Legal Framework for Refugees and Stateless Persons
on the Admission of Refugees and the RSSD
89
House Bill 7679, Foundling Welfare Act, available at: http://www.congress.gov.ph/legisdocs/third_18/HBT7679.pdf.
Senate Bill 56, Foundling Recognition Act, available at: http://legacy.senate.gov.ph/lisdata/3028627114!.pdf.
Senate Bill 2112, Foundling Recognition and Protection Act, available at: http://legacy.senate.gov.ph/lisdata/3476031556!.pdf.
90
32
UNHCR / April 2021