Republic of the Philippines 
House of Representatives 
Quezon City, Metro Manila 
NINETEENTH CONGRESS 
First Regular Session 
House Bill No. _______ 
INTRODUCED BY REP. PM VARGAS 
AN ACT 
PROTECTING THE RIGHTS OF REFUGEES AND STATELESS PERSONS, 
ESTABLISHING THE REGFUGEES AND STATELESS PERSONS 
PROTECTION BOARD, AND FOR OTHER PURPOSES 
EXPLANATORY NOTE 
The United Nations (UN) defines "refugee" as "any person who: owing to 
a well-founded fear of being persecuted for reasons of race, religion, 
nationality, membership of a particular social group, or political opinion, is 
outside the country of his nationality, and is unable to or, owing to such fear, 
is unwilling to avail himself of the protection of that country." 
Refugees, as well as domestic and international rules and international 
rules and laws relating to their welfare, security, and treatment, has become 
an unignorable reality facing the world today. In different parts of the world, 
large groups of people are forced to leave their home countries because of war, 
human rights violations, underdevelopment, climate change and natural 
disasters in search of sustainable and safer places to start better lives. 
A “stateless person” is someone who is not considered as a national by 
any state under the operation of its law. There are at least 10 
million people who are denied nationality around the world today, according 
to estimates by the United Nations High Commissioner for Refugees 
(UNCHCR). 
The Philippines is a party to the 1951 UN Convention to the Status of 
Refugees, the 1967 protocol, and the 1954 UN Convention relating to the 
Status of Stateless Persons. The Philippine Immigration Act of 1940 and the 
Administrative Code of the Philippines of 1987 empowered the Bureau of 
Immigration to administer and enforce “immigration, citizenship and alien 
admission and registration laws”. 
September 7, 2022
4:47 pm
4561


Under Executive Order No. 304, dated 31 August 1987, President 
Corazon Aquino authorized the Task Force on Refugee Assistance and 
Administration, and the Department of Foreign Affairs to respectively issue 
identity papers and travel documents to refugees and stateless persons 
staying in the Philippines. Under Department of Justice (DOJ) Circular No. 
58, Series of 2012, as then Secretary of the Department of Justice, I set up 
the Refugees and Stateless Persons Protection Unit (RSPPU) in the Legal Staff 
of the DOJ. 
However, the Philippines still does not have a law that sets the criteria 
and fixes the procedure in determining the status of refugees and stateless 
persons, and their eligibility for protection in our country. There is no central 
authority on all matters pertaining to such status determination. In our 
consultations with experts, current legal and administrative systems, we have 
concluded that there is a need to enact a law to establish that central 
authority and institutionalize the status determination procedure for refugees 
and stateless persons. 
This bill seeks to strengthen and promote the rights of refugees and 
stateless persons in the Philippines; to create the Refugees and Stateless 
Persons Protection Board as the central authority in matters relating to the 
determination of status, and eligibility to avail of protection, as refugees and 
stateless persons; and to strengthen the government’s cooperation and 
coordination with the United Nations High Commissioner for Refugees 
(UNHCR), the Commission on Human Rights (CHR) and other relevant 
institutions and agencies. 
In view of the foregoing, the immediate passage of this bill is earnestly 
sought. 
REP. PM VARGAS 
Fifth District, Quezon City


Republic of the Philippines 
House of Representatives 
Quezon City, Metro Manila 
NINETEENTH CONGRESS 
First Regular Session 
House Bill No. _______ 
INTRODUCED BY REP. PM VARGAS 
AN ACT 
PROTECTING THE RIGHTS OF REFUGEES AND STATELESS PERSONS, 
ESTABLISHING THE REGFUGEES AND STATELESS PERSONS 
PROTECTION BOARD, AND FOR OTHER PURPOSES 
Be it enacted by the Senate and the House of Representatives of the Philippines 
in Congress assembled: 
CHAPTER I 
GENERAL PROVISIONS 
SECTION 1. Short Title. – This Act shall be known as the “Refugees and 
Stateless Persons Protection Act”. 
SECTION 2. Declaration of Principles and State Policy. – 
(a) The State values the dignity of every human person and guarantees
full respect for human rights, including those of refugees and
stateless persons.
(b) The Philippines adopts the generally accepted principles of
international law as part of the law of the land, and adheres to a
policy of peace, equality, justice, freedom, cooperation and amity
with all nations.
(c) The Philippines affirms its commitment as State Party to the 1951
Convention relating to the Status of Refugees (“1951 Refugee
Convention”), and the 1954 Convention relating to the Status of
Stateless Persons (“1954 UN Convention”).
(d) The Philippines shall endeavour to establish and implement a
system that shall provide for the admission, for humanitarian
reasons, of qualified aliens and stateless persons, with due
consideration to public and national interest.
(e) The State shall, as far as possible, facilitate the assimilation and
naturalization of refugees. It shall make every effort to expedite
naturalization proceedings and to reduce, as far as possible, the
charges and costs of such proceedings.
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(f) The State shall endeavour to protect refugees and stateless persons, 
pursuant to its obligations as State Party to the 1951 Refugee 
Convention, the 1967 Protocol, and the 1954 Convention. 
 
SECTION 3. Objectives. -  This Act seeks to fulfil the following objectives: 
(a) To recognize, strengthen and promote the rights of refugees and 
stateless persons in the Philippines. 
(b) To establish the Refugees and Stateless Persons Protection Board 
(“Protection Board”) as the central authority in matters relating to 
the determination of status, and eligibility to avail of protection, as 
refugees and stateless persons; 
(c) To strengthen the Philippine government’s cooperation with the 
United Nations High Commissioner for Refugees (UNHCR), and the 
facilitation of its duty of supervising the application of the provisions 
of the United Nations (UN) Conventions and the Protocol. 
 
SECTION 4. Definition of Terms.- For purpose of this Act, the following 
terms are hereby defined: 
 
 
(a) 1951 Refugee Convention – refers to the 1951 UN Convention 
relating to the Status or Refugees; 
(b) 1967 Protocol – refers to the 1967 Protocol relating to the Status of 
Refugees; 
(c) 1954 UN Convention – refers to the 1954 Protocol relating to the 
Status of Stateless Persons; 
(d) Application – refers to the formal written to a refugee or stateless 
status, as the case may be, and initiates the status determination 
procedure; 
(e) Applicant – refers to a person who has submitted the Application, or 
in the case of a child or incapacitated person, the person on whose 
behalf the Application was submitted; 
(f) Bureau – refers to the bureau of Immigration; 
(g) Children - refers to persons below eighteen (18) years of age or those 
over but are unable to fully take care of themselves or protect 
themselves 
from 
abuse, 
neglect, 
cruelty, 
exploitation 
or 
discrimination because of a physical or mental disability or 
condition; 
(h) Commissioner – refers to the Commissioner of the Bureau of 
Immigration; 
(i) Dependent – includes persons with disabilities and persons at least 
60 years old unable to fully take care of themselves, related within 
the fourth degree by consanguinity or affinity to the Applicant; 
(j) DFA – refers to the Department of Foreign Affairs; 
(k) Exclusion – refers to any of the circumstances warranting 
disqualification form recognition as a Refugee under the 1951 
Refugee Convention, or a Stateless Person under the 1954 UN 
Convention; 


 
(l) Family Members – refer to the spouse and children who accompany 
the Applicant. The term also includes any person who is a 
dependent of the Applicant; 
(m) 
Protection Board- refers to the Refugees and Stateless Persons 
Protection Board; 
(n) Protection Officer – is a technical staff of the Secretariat of the 
Protection Board, who evaluates and process the claim of the 
Applicant to refugee or stateless and their eligibility for protection; 
(o) Refugee – is a person who, owning to well-founded fear of being 
persecuted for reasons of race, religion, nationality, membership of 
a particular social group or political opinion, is outside the country 
of his or her nationality; and is unable or, owing to such fear, is 
unwilling to avail himself or herself of the protection of the country; 
or who, not having a nationality and being outside the country of 
his or her former habitual residence, is unable, or owing to such 
fear, is unwilling to return to it; 
(p) Secretary – refers to the Secretary of the Department of Justice 
(DOJ) 
(q) Stateless Person – is one who is not considered a national by any 
State under the operation of its law; and 
(r) UNHCR – refers to the United Nations High Commissioner for 
Refugees. 
 
 
CHAPTER II 
STATE RESPONSIBILITY AND RIGHTS AND OBLIGATIONS OF 
REFUGEES AND STATELESS PERSONS 
 
 
SECTION 5. State Responsibilities – The State has the following obligations: 
 
(a) The State shall not remove or expel a refugee, save on grounds 
national security or public order, from the Philippines to a country 
where he or she would be at risk of persecution for reasons of race, 
religion, nationality, membership in a particular social group or 
political opinion; and 
(b) The State shall not impose penalties on refugees who enter 
Philippine territory albeit illegally, when they come from a territory 
where their life or freedom was threatened, provide they present 
themselves without unreasonable delay to the authorities and show 
good cause for their illegal entry or presence. No undue restriction 
on movement or travel shall be imposed other than those which are 
necessary and such restrictions shall only be applied until their 
status in the country. Reasonable time shall be allowed for such 
refugees to obtain admission into another country if they so decide 
for such an option. 
 
SECTION 6. Rights of Refugees. – The following rights of refugees under the 
1951 Refugee Convention and the 1967 Protocol are hereby adopted: 


 
1. 
The rights not to be returned (non-refoulement) to a country where 
he or she faces serious threats to his or her life or freedom; 
2. 
The right to practice their religion and freedom as regards the 
religious education of their children; 
3. 
The right of recognition as regards their personal status, which shall 
continue to be governed by the country of his or her domicile or 
residence. Rights relating to marriage and family relations shall be 
respected in the Philippines; provided said rights are recognized 
under the laws of the country of origin; 
4. 
The right to acquire personal properties, and/or enter into lease 
agreements or contracts relating contracts relating to personal or 
real property; 
5. 
The right for the recognition and respect of the property rights of 
refugees pertaining to inventions, design, models, trademarks, trade 
names and rights in literary, artistic, and scientific works; 
6. 
The right to be members of non-political and non-profit making 
associations. Non-political shall include organizations working on 
human rights and humanitarian assistance; 
7. 
The right of access to legal remedies in courts and quasi-judicial 
bodies, 
including 
legal 
assistance 
from 
law 
enforcement, 
administrative and constitutional bodies; 
8. 
The right to engage in self-employment as well as wage employment, 
subject to labor restrictions to protect the national labor market; 
9. 
The right to adequate standard of living, housing and medical needs, 
and be provided with subsistence support  not less than what is 
extended to indigent Filipinos; and 
10. The right of children to be enrolled in schools and when applicable, 
access to university scholarships in State institutions. Aside from 
the foregoing rights to be treated equally with other non-nationals, 
and in conformance with internationally recognized legal standards. 
 
SECTION 7. Rights of Stateless Persons. – The following rights of stateless 
persons under the 1954 UN Convention are hereby adopted: 
 
1. 
The right to be accorded the same treatment given to aliens 
generally; 
2. 
The right not to be forcibly removed from Philippine territory; 
3. 
The right to personal status to be governed by the law of his  or her 
residence; 
4. 
The right to property, including intellectual property rights, to be no 
less than that accorded to aliens generally; 
5. 
The right to be treated at least favourably as aliens generally with 
regard to participation in wage-earning employment; 
6. 
The right to be issued travel and identity documents within 
Philippine territory; 
7. 
The right not to be expelled except on ground of national security or 
public order; 


 
8. 
The right to be members of non-political and non-profit making 
associations. Non-political associations shall include organizations 
working on human rights; 
9. 
The right of access to legal remedies in courts and quasi-judicial 
bodies, 
including 
legal 
assistance 
from 
law 
enforcement, 
administrative and constitutional bodies; 
10. The right to adequate standard of living, food, housing and medical 
needs, and be provided with subsistence support not less than what 
is extended to indigent Filipinos; and 
11. The right of children to quality education and lifelong learning for 
adults. 
 
SECTION 8. Obligations of Refugees and Stateless Persons. - Refugees 
and stateless persons have the obligation to abide by the laws and regulations 
of the Republic of the Philippines, as well as the measures for the maintenance 
of public order and national security. Their manifest willingness to abide by 
this obligation shall be a non-waivable condition for their admission and 
continued stay within Philippine territory. 
 
CHAPTER III 
REFUGEES AND STATELESS PERSONS PROTECTION BOARD 
 
SECTION 9. Refugees and Stateless Persons Protection Board. – There is 
hereby created the Refugees and Stateless Persons Protection Board 
(“Protection Board”) as the central authority in matters relating to the 
determination of the status of refugees and stateless persons and their 
eligibility for protection. Accordingly, the Bureau of Immigration’s principal 
responsibility “for the administration and enforcement of immigration, 
citizenship and alien admission and registration laws” under the Philippine 
Immigration Act of 1940 (Commonwealth Act No. 613, as amended) and the 
Administrative Code of the Philippines of 1987 (Executive Order No. 292), in 
so far as it relates to the determination of the status of refugees and stateless 
persons and their eligibility for protection, is hereby modified and transferred 
to the Protection Board. Likewise, the Refugees and Stateless Persons 
Protection Unit (RSPPU) in the Legal Staff of the DOJ is hereby abolished, and 
its duties and responsibilities are transferred to, and assumed by the 
Protection Board. 
 
SECTION 10. Composition of the Protection Board. – The Protection Board 
shall be composed of the Secretary of the DOJ (“Secretary”), or his/her 
representative with a rank of at least Assistant Secretary, as ex officio 
Chairperson; the Secretary of the DFA, or his/her representative with a rank 
of at least Assistant Secretary, as ex officio Vice Chair; the Commissioner of 
the Bureau of Immigration (“Commissioner”); the National Security Adviser, 
or the latter two (2) officials’ representatives with a rank of at least Director, 
as ex officio members; and four (4) other members to be appointed by the 
President for a non-renewable term of five (5) years including a representative 
from the civil society with a strong advocacy and experience in refugee crisis 
management; Provided, that there shall be appointed three (3) lawyers who 


 
shall at least have the qualification of a regional trial court judge; Provided 
further, that all four (4) appointees shall have relevant training and experience 
in either areas of human rights, immigration, social work, or refugee 
protection. 
 
SECTION 11. Powers and Functions of the Protection Board. – The Board 
shall have the following powers and functions: 
(a) To prescribe rules and regulations as it may deem reasonably 
necessary to carry out the provisions of this Act; 
(b) To receive, examine and decide applications for status as refugee or 
stateless persons, resolve requests for provisional protective 
measure related to pending applications; 
(c) To set the guidelines for the operations of the Secretariat which shall 
be under the control and direct supervision of the Board; 
(d) To promote programs related to the protection of refugees and 
stateless persons; 
(e) To closely coordinate and cooperate with the UNHCR, particularly 
by facilitating the latter’s duty of supervising the application of the 
provisions of the 1951 Refugee Convention and the 1954 UN 
Convention. 
(f) To make a reports to the competent organs of the UN, including the 
UNHCR, in the appropriate form with information and statistical 
data requested concerning: 
i 
The condition of refugees and stateless persons; 
ii The implementation of the 1951 Refugee Convention and the 
1954 UN Convention; and 
iii Laws, regulations and decrees which are, or may hereafter, in 
force relating to refugees and stateless persons. 
(g) To perform such other functions on matters relating to its mandate, 
as may be determined by the President. 
 
SECTION 12. Relationship with the Department of justice. – The 
Protection Board shall be attached to the DOJ for coordination of its policies 
and programs. 
 
SECTION 13. Secretariat. – The protection Board shall be assisted by a 
Secretariat, which may come from the existing personnel of the RSPPU in the 
Legal Staff of the DOJ, without prejudice to the hiring of additional personnel 
as determined by the Board. 
 
The following shall be the functions of the Secretariat: 
 
(a) Receive, evaluate, and process applications; 
(b) Recommend to the Protection Board the approval or disapproval of 
application; 
(c) Assist the Protection Board in technical functions; and 
(d) Perform other duties that may be assigned by the Board. 
 


 
The Chairperson of the Protection Board shall appoint a Board Secretary, who 
shall head the Secretariat. There shall be such number of technical and 
administrative staff, including legal officers and paralegals, as determined by 
the Protection Board to accommodate the volume of required work. 
 
SECTION 14. Operating Budget. – The initial operating budget of the 
Protection Board shall be Fifty Million Pesos (₱ 50,000,000). Thereafter, such 
sums as may be necessary for its continued operation shall be included in the 
annual General Appropriation Act. 
 
 
CHAPTER IV 
PROCEDURE 
 
SECTION 15. Application. – The Application may be filed directly with the 
Protection Board, or in the central office or any field office of the Bureau in 
the port of entry/admission of the Applicant. In the latter case, the 
Commissioner or the concerned immigration officer shall transmit the 
Application to the Protection Board within (10) days from the date of receipt 
thereof. To be submitted with the Application are the Applicant’s travel 
document, identification document including proof of relationship to any 
accompanying family members, and such other documents to support the 
claim to refugee or stateless status, where available. 
 
SECTION 16. Suspensive Effect of the Application. – The Protection Board, 
through the Board Secretary, shall notify the Commissioner of the receipt of 
the Application. Following receipt of the notice, any proceeding for the 
deportation or exclusion of the Applicant and/or his or her dependents shall 
be suspended. If the Applicant and/or his or her dependents is/are in 
detention, the Secretary, subject to the conditions that he or she may impose 
may direct the Commissioner to order his or her and/or their release. The 
Commissioner shall furnish the Protection Board a copy of the Release Order. 
 
SECTION 17. Priority of Refugee Status Determination. – Where in the 
Application for recognition as a stateless person or in the processing thereof, 
a refugee claim appears to exist, the stateless status determination shall, with 
the consent of the Applicant, be suspended and the Application shall be 
considered first to refugee status determination. If the claim to refugees status 
is denied with finality, the stateless status determination shall recommence 
automatically. 
 
SECTION 18. Burden of Proof. -  The responsibility of proving a claim to 
refugee or stateless status is a shared and collaborative burden between the 
Applicant and the Protection Officer assigned by the Secretariat to evaluate, 
investigate and process the Application. The Applicant has the obligation to 
provide accurate, full and credible account or proof in support of his/her 
claim, and submit all relevant evidence reasonably available. 
 


 
A finding that the Applicant is a refugee is warranted where he or she has met 
the definition of the refugee under this Act. The finding that the Applicant is 
stateless is warranted where it is established, to a reasonable degree, that he 
or she is not considered a national by any State under the operation of its 
laws. This involves the examination of the nationality laws of the country with 
which the Applicant has a relevant link (by birth, descent, marriage or 
habitual residence).  
 
The UNHCR Guidebook for Status Determination may be used for guidance 
by the Board. 
 
SECTION 19. Basic Principles. – The evaluation of an Application shall be 
governed by the following basic principles: 
(a) An Applicant shall not be deprived of refugee or stateless status, 
and shall not be discriminated in the application of the 
Conventions, on account of race, religion, political opinion, 
membership in a particular social group, or country of origin; 
(b) An Applicant and/or his or her dependents during the pendency of 
his or her Application, or a refugee shall not be expelled or 
returned to a country where there are valid reasons to believe that 
his or her life or freedom would be threatened on account of his or 
her race, religion, nationality, membership in a particular social 
group or political opinion; 
(c) An Applicant for refugee status and/or his or her dependents shall 
not be punished on account of his/her illegal entry or presence in 
the country, provided he or she presents himself without delay to 
the authorities and/or shows good cause for his or her illegal entry 
or presence; 
(d) As much as possible, the approval of an Application should 
consider the preservation and promotion of family unity; and 
(e) An Applicant shall not be detained on account of being stateless or 
refugee. 
 
SECTION 20. Rights of an Applicant. – The Applicant has the right to legal 
counsel. He or she is entitled to have the services of an interpreter, if 
necessary, at all stages of the refugee status determination and for the 
purposes of the preparation of the written application and for the interview. 
He or she shall not be denied access to the UNHCR. 
 
If an Applicant is a person with disability, he/she shall be provided the 
necessary assistance to present his/her case to the Board, including but not 
limited to medical support and sign language interpreters. 
 
SECTION 21. Interview. – The Protection Officer, as assigned by the 
Secretariat, shall interview the Applicant to receive evidence, oral and/or 
documentary, to substantiate the claim. The Applicant has the right to have 
the interview conducted in a manner that shall ensure confidentiality. 
 


 
SECTION 22. Decision. – A written decision on the Application shall be 
rendered by the Protection Board within sixty (60) days from submission by 
the Board Secretary of the report and recommendation concerning an 
Applicant. 
 
The Protection Board, through the Board Secretary, shall notify the Applicant 
of the decision in writing, recognizing refugee or stateless status. In case the 
Applicant is disapproved, the decision shall state the reasons supporting the 
same, a copy of which shall be furnished the Applicant. 
 
The decision shall include a finding that the person is not excluded under 
Section 32 of this Act. If the Application is approved, the decision shall 
expressly state that the grant of status as a refugee or stateless person shall 
be subject to the non-waivable condition that he/she shall comply with the 
obligations of such protected persons pursuant to Section 8 of this Act. 
 
SECTION 23. Request for Reconsideration. – In case the Applicant is 
disapproved, the Applicant may request reconsideration of the decision. Only 
one (1) request shall be allowed to be filed within thirty (30) days from receipt 
of the decision. The Protection Board shall issue a written resolution on the 
reconsideration within a reasonable time. 
 
SECTION 24. Finally of Decision. -  Where the Application is denied with 
finality, the Applicant shall be afforded sufficient time to leave the country 
unless he or she holds another immigration status or the Commissioner has 
authorized his or her continued sta. Any deportation proceeding that has been 
suspended pursuant to Section 16 thereof may be reactivated. 
 
SECTION 25. Effects of Recognition. – Refugees and stateless persons may 
enjoy and exercise such rights and privileges accorded by the UN 
Conventions, subject to Philippine laws and regulations. The benefits of 
recognition, as appropriate, shall automatically inure to the accompanying 
family members duly included in the Application, except those excluded 
under Section 32 of this Act. 
 
The Protection Board shall notify the Commissioners of its decision. 
 
SECTION 26. Non-Suspension of the Stateless Status Determination. – 
In the case of Application for stateless status, this procedure shall proceed 
notwithstanding the Applicant seeking acquisition or reacquisition of 
nationality, resettlement in another country, readmission to former country 
of residence, or is subject deportation or extradition. 
 
SECTION 27. Termination of the Procedure. – The procedure shall 
terminate on any of the following grounds: 
(a) Withdrawal of the Application; 
(b) Abandonment of the Application; or 
(c) Death of the Applicant. 
 


 
In case of death of the Applicant, the Application shall survive in respect to 
the accompanying family members who are included in the Application. 
 
SECTION 28. Applicants Requiring Assistance. – The Protection Board,         
through the Secretariat, shall ensure that unaccompanied minors, persons 
with disabilities, and other persons unable to fully take care of themselves are 
referred to the appropriate government agencies and/or non-government 
organizations for their care, welfare, and access to legal services, including 
the filling of the appropriate application. 
 
SECTION 29. Provisional Measures. – Pending decision or finally of 
judgement in the Application, an Applicant, through the Protection Officer 
and the Board Secretary, may apply with the Protection Board, and may be 
granted such provisional measures, which are reasonably necessary to 
protect the personal security, liberty and property of the Applicant. In the 
enforcement of such provisional measures, the Protection Board may enlist 
the assistance of concerned government agencies and the UNHCR. 
This provision is without prejudice to the continued application of Executive 
Order No. 304 dated 31 august 1987 authorizing the Task Force on Refugee 
Assistance and Administration, and the DFA to respectively issue identity 
papers and travel documents to refuges and stateless persons staying in the 
Philippines. 
 
SECTION 30. Coordination with the Commission on Human Rights (CHR) 
and the UNHCR. – The Protection Board may seek the CHR and the UNHCR 
for their expertise, technical guidance and assistance. It shall inform the CHR 
and the UNHCR about relevant policies and programs pursued by the 
Philippine Government toward ensuring the implementation and compliance 
with the UN Conventions and the provisions of this Act. 
 
SECTION 31. Confidentiality of Information. – The information provided 
by an Applicant shall be confidential and may only be used to make a 
determination of the veracity of the factual statements in the application. The 
information may, however, be made available, upon request, to the UNHCR 
and the National Security Council. 
 
 
CHAPTER V 
EXCLUSION 
 
 
 
SECTION 32. Persons Excluded from the 1951 Refugee Convention and 
the 1954 UN Convention. – The benefits received under this Act shall not 
apply to those persons excluded from the application of 1951 Refugee 
Convention and the 1954 U.N. Convention, namely: 
(a) Those already receiving from organs or agencies of the UN other 
than the UNHCR protection or assistance, so long as they  are 
receiving such protection or assistance; 
(b) Those already recognized by the competent authorities of the 
country in which they have taken residence as having the rights and 


 
obligations which are attached to the possession of the nationality 
of that country; and, 
(c) Those with whom serious reasons exist that: 
i 
They have committed a crime against peace, a war crime, a 
crime against humanity, or acts or terrorism, as defined in the 
international instruments drawn up to make provisions in 
respect of such crimes and Philippine laws, including Republic 
Act No. 9372 or the “Human Security Act of 2007”; 
ii They have committed a serious non-political crime outside the 
Philippines prior to their admission to the Philippines; and 
iii They have been found guilty of acts contrary to the purposes 
and principles of the UN. 
 
 
CHAPTER VI 
JUDICIAL APPEAL 
 
SECTION 33. Judicial Review. – In accordance with the Rules of Court, 
under Rule 34, the Applicant may seek judicial review of the decision or 
resolution of the Protection Board within the period prescribed. 
 
SECTION 34. Finality of the Decision Denying Recognition. – The decision 
denying recognition is deemed final where the Applicant did not request 
reconsideration of the decision denying recognition or seek judicial review. 
 
 
CHAPTER VII 
CANCELLATION, REVOCATION, AND CESSATION OF REFUGEE STATUS 
 
SECTION 35. Initiating Proceedings for Cancellation, Revocation, and 
Cessation of Refugee Status. – The Board may, motu proprio, or upon a 
verified complaint, initiate proceedings for cancellation, revocation, or 
cessation of refugee status. 
 
SECTION 36. Cancellation of Refugee Status. – The refugee status shall 
be cancelled if: 
(a) The 
recognition 
was 
granted 
as 
a 
result 
of 
intentional 
misrepresentation or concealment by the Applicant or a third party 
of facts that were material to the determination of his/her refugee 
status; or 
(b) There is new evidence that shows that the Applicant ought not to 
have been recognized as a Refugee. 
 
SECTION 37. Revocation of Refugee Status. – The refugee status shall be 
revoked where there has been a finding that the person granted refugee status 
is excluded under Section 32 of this Act. 
 
 


 
SECTION 38. Cessation of Refugee Status. – The refugee status shall cease 
if a Refugee: 
(a) Voluntarily re-availed himself of herself of the protection of the 
country of his or her nationality; 
(b) Voluntarily re-acquired his or her lost nationality; 
(c) Voluntarily acquired a new nationality and enjoys the protection of 
the country of his or her nationality; 
(d) Voluntarily re-established himself or herself in the country he or she 
left, or in a country where he or she remained owing to fear of 
persecution; 
(e) Enjoys the protection from the country of his or her nationality, 
because the reasons in connection with which he or she was granted 
refugee status have ceased to exist; Provided, that this paragraph 
shall not apply to a refugee who is able to invoke compelling reasons 
arising out of previous persecution for refusing to avail himself or 
herself of the protection of the country of his or her nationality; or 
(f) Not having a nationality, returned to his or her country of habitual 
residence due to changed circumstance; Provided, that this 
paragraph shall not apply to a refugee who is able to invoke 
compelling reasons arising out of previous persecution for refusing 
to avail himself or herself of the protection of the country of his or 
her former habitual residence. 
 
SECTION 39. Re-instatement of Stateless Status Determination. – If the 
Application was suspended under Section 16 and the refugee status has been 
cancelled or revoked or has ceased for any of the foregoing grounds, except 
under subsections (b) and (c) of Section 38 herein, the procedure to determine 
stateless status shall then proceed. 
 
SECTION 40. Cancellation of Stateless Status. – The stateless status shall 
be cancelled where the stateless person has obtained a nationality or 
reacquires his or her former nationality. 
 
SECTION 41. Revocation of Stateless Status. – The stateless status shall 
be revoked where: 
(a) Recognition was granted on mistake of fact or law; 
(b) Recognition was obtained by means of fraud or intentional 
misrepresentation; or 
(c) New evidence indicates that the stateless person ought not to have 
been recognized as such. 
 
SECTION 42. Reconsideration of Decision and Judicial Review. – A 
refugee or stateless person may seek reconsideration and judicial review of 
the cancellation, revocation or cessation of the status as provided herein. 
 
SECTION 43. Notification to the Bureau. – The Protection Board shall 
notify the Bureau when the cancellation, revocation or cessation of the refugee 
or stateless status has become final. 
 


 
 
CHAPTER VIII 
REMOVAL 
 
SECTION 44. Removal of a Refugee or a Stateless Person. – A Refugee or 
a Stateless Person may be removed from the Philippine territory: 
(a) When he or she has been convicted with finality of a serious 
offense and is considered a danger to the community after 
having served his or her sentence; or 
(b) On grounds of national security or public order. The expulsion 
shall only be in pursuance of a decision reached in accordance 
with due process of law. Except where compelling reasons of 
national security require, the refugee or stateless person shall 
be allowed to submit evidence to clear himself or herself, and 
to appeal and be represented by legal counsel for that purpose 
before a competent authority. The refugee or stateless person 
subject of removal shall be allowed a reasonable period within 
which to seek admission into another country. 
 
CHAPTER IX 
FINAL PROVISIONS 
 
SECTION 45. Implementation. – The Protection Board shall be appointed 
within three (3) months from the effectivity of this Act and shall convene one 
(1) month thereafter. The Protection Board shall promulgate and issue the 
necessary rules and regulations within three (3) months after its constitution. 
 
SECTION 46. Non-Impairment Clause. – Nothing in this Act shall be 
construed as to diminish, impair, or repeal rights recognized, granted, or 
made available to disadvantaged, marginalized, or specific sectors under 
existing laws. 
 
SECTION 47. Separability Clause. – Should any provision of this Act be 
declared invalid, the remaining provisions shall continue to be valid and 
subsisting. 
 
SECTION 48. Repealing Clause. – All laws, presidential decrees and 
issuances, executive orders, rules and regulations or part thereof, which are 
inconsistent with this Act, are hereby repealed or modified accordingly. 
 
SECTION 49. Effectivity. – This Act shall take effect after fifteen (15) days 
after its publication in the Official Gazette or in two (2) newspapers of general 
circulation. 
 
Approved,