Vous êtes sur la page 1sur 2

1. Whats your legal issue?

W/N the Permanent residency for stateless persons requirement is invalid.

2. How do you balance national security with the permanent residency requirement?
Philippine Passport Act was enacted in 1996. But there’s this new circular enacted determines who
is a stateless person (like go through all the processes).

3. What are the requirements in the law?


There is a 500-cap to have permanent resident visa for stateless persons.

4. What is the legal basis to apply the Bill of Right to stateless persons?
The non-discriminatory clause. Director Prisons case, Bill of rights apply to stateless persons.

5. How can be one considered a permanent resident of the Philippines?


Permanent Visa from Immigration Act.

6. Does the state not have a right in order to restrict people to manage accountability?
It has been automatic as long as they're lawfully staying. It merely requires temporary stay.

7. Doesn’t have the state have a right to interpret in a way that it can apply to their country?
We are signatories to the 1954 Stateless Convention. Pact Sunt Servanta.

8. Are deliberations binding to the Philippines?


The interpretation is binding, because of pacta sunt servanda.

9. Is interpretation a basis of state of obligation?


No Answer.
Stateless persons have a right to travel documents.

10. They came here legally. If you exceed max period, then you are unlawfully staying.
Unlawfully staying? So they can apply for permanent residency. The Phils is giving extra pa. Why
is it practical?
No Answer.

11. What are refugees and who are stateless? Is not there a substantial distinction between them?
No, because copy paste lang yung law nation with the treaty and in the treaty there is no
distinction.

12. On the part of the state, its just asking for regulation? There’s nothing wrong.
Its still not a policy paper, because the state still has to comply with international obligations for
pacta sunt servanda.

13. “Kakarating lang nila, tapos aalis sila?” —> redundant na yung residency requirements???
The people who are stateless do not have documents to prove their residency. There is a need for
them to have documents so they can travel. The permanent residency is hard to prove without their
requirements.

14. Process of residency for foreigner?


Philippine Immigration Act.

15. General Comment—> clear yung legal issue sa speech.

16. Why do you have to strike down permanent residency instead of just adding procedures?

17. Under refugee, prosecuted naturally on the run, pero stateless person wants to have a state?
Determination procedures.

18. Is there a substantial distinction between refugees and stateless?


Thats why mas lax for refugee, and stateless interest.

19. Reasonable, so there’s no violation? But for a stateless virtually impossible be a permanent
resident?

20. Lawful stay?

21. Lawful stay not mean lawful deliberations…ad hoc….when did we go in…States have different
interpretations? What are the local laws of other states?

22. Have a flow then Substantial Distinction, it passes the test, right to travel.

23. soft law… cant impose higher standards?

24. We imposed higher standards, so unconstitutional?

New References—
a.) Marcos v. Manglapus
b.) Deutsche Bank