EIGHTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
i  I s  
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vfXficr cftii*' IT ■ ui'uwu
SENATE
S. No. 
379
--------------------------------------------------------------RCCLI'.Lj i!.
Introduced by SENATOR LEILA M. DE LIMA
19 JUL11 P 2 •45
AN ACT
PROTECTING THE RIGHTS OF REFUGEES AND STATELESS PERSONS,
ESTABLISHING THE REFUGEES AND STATELESS PERSONS 
PROTECTION BOARD, AND FOR OTHER PURPOSES
EXPLANATORY NOTE
Refugees, as well as domestic 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 disasters1 in search of sustainable and safer places to start better 
lives.
Throughout the history of managing refugees, one such place that has played a 
part in providing havens to our distressed neighbors is the Philippines. For almost a 
century now, we have hosted several waves of refugees, starting with the “White 
Russians” who fled Russia during the Bolshevik Revolution, followed by other groups 
that included the Jews during World War II, the Chinese in the aftermath of the 
Communist revolution, and the Vietnamese “boat people” after South Vietnam 
was taken over by North Vietnam. After initially landing in the Philippines, many 
among them moved on and relocated to other countries, while others have opted to 
stay and live in the Philippines. In all instances, we have always provided them a new
1 Ki-moon. B. (9 May 2016). Refugees and Migrants: A Crisis of Solidarity. Retrieved from: 
https://unu.edu/publications/articles/refugees-and-migrants-a-crisis-of-solidarity.html


home, ever true to our nature as a warm and hospitable people2 3 and acknowledging 
the fact that refugees are the victims and not the creators of the crisis. Under 
different administrations, the Philippine government has passed and implemented 
policies addressing some of the challenges posed by the global refugee phenomenon 
and that of a related class of distressed people, the “stateless persons”.
The Philippines is a part>r to the 1951 UN Convention relating 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”.
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 sta>ing in the Philippines. Under 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 DOJ3.
Despite these, 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 authorit}’ on all 
matters pertaining to such status determination. In our consultations with experts, 
academic institutions, and human rights organizations, and in our own study of the 
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 aims to fill that gap. It has a four-fold objective, thus:
(a) To strengthen and promote the rights of refugees and stateless persons 
in the Philippines;
2 Peflamante, L. (7 June 2017). Nine fVaves of Refugees in the Philippines. Retrieved from: 
https://www.unhcr.0rg/ph/l 1886-9wavesrefligees.html
3 Canero, Z. (20 June 2015). TIMELINE: Philippine laws and policies on refugees. Retrieved from: 
https://www.rappler.com/newsbreak/iq/96929-timeline-philippine-law-policies-refugees


(b) To create 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 prescribe a fair and efficient procedure for status determination and 
eligibility for protection as a refugee or stateless person; and
(d) To strengthen the government’s cooperation and coordination \\ith the 
United Nations High Commissioner for Refugees (UNHCR), the 
Commission on Human Rights (CHR) and other relevant institutions 
and agencies.
In the past, we ha\ e promulgated laws pursuant to our treaty commitments and 
undertakings. We passed Republic Act No. 9745, or the “Anti-Torture Act of 2009”, 
mindful of the UN Convention against Torture and Other Cruel, Inhuman or 
Degrading Treatment or Punishment (UNCAT). We enacted Republic No. 10353, or 
the “Anti-Enforced or Involuntary7 Disappearance Act of 2012”, cognizant of the 
International Co\ enant on Civil and Political Rights (ICCPR). We legislated Republic 
Act No. 9851 or the “Philippine Act on Crimes Against International Humanitarian 
Law, Genocide, and Other Crimes Against Humanity”, pursuant to the Geneva 
Convention and the Rome Statute.
In light of all these, it is high time that we pass a national law for the full 
protection and promotion of refugees and stateless persons in the Philippines, as 
enshrined in the 1951 UN Convention relating to the Status of Refugees, and the 1954 
UN Convention relating to the Status of Stateless Persons. After all, when the 1987 
Constitution guarantees that the “[t]he State values the dignity of every7 human person 
and guarantees full respect for human rights...” that same assurance of protection 
should like\Nrise be available to refugees and stateless persons.
Early appro\ al of this measure is earnestly sought.
%
LEILA M. DE LIMA


EIGHTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
(©ffirr cf 1^1' !Tt ;; 
■>
SENATE
S. No. 379
19 JULll P2:46
Introduced bv SENATOR LEILA M. DE LIMA
AN ACT
PROTECTING THE RIGHTS OF REFUGEES AND STATELESS PERSONS, 
ESTABLISHING THE REFUGEES AND STATELESS PERSONS 
PROTECTION BOARD, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
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Section, i. Short Title. -  This Act shall be known as the “Refugees and
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Stateless Persons Protection Act of 2019”.
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Sec. 2. Declaration of Principles and State Policy. -
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(a) The State values the dignity of every human person and guarantees full
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respect for human rights, including those of refugees and stateless
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persons.
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(b) The Philippines adopts the generally accepted principles of
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international law as part of the law of the land, and adheres to a policy
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of peace, equality, justice, freedom, cooperation and amity with all
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nations.
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(c) The Philippines affirms its commitment as State Party to the 1951
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Convention relating to the Status of Refugees (“1951 Refugee
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Convention”), the 1967 Protocol relating to the Status of Refugees
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(“1967 Protocol”), and the 1954 Convention relating to the Status of
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Stateless Persons (“1954 UN Convention”).
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(d) The Philippines shall endeavor to establish and implement a system
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that shall provide for the admission, for humanitarian reasons, of


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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.
(f) The State shall endeavor 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.
Sec. 3. Objectives. -  This Act seeks to fulfill 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 prescribe the procedure and establish a set of criteria for the 
determination whether a person is a refugee or stateless person; and
(d) 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.
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CHAPTER II 
DEFINITION OF TERMS
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Sec. 4. Definition of Terms. -  For purposes of this Act, the following terms are
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hereby defined:
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(a) 1951 Refugee Convention -  refers to the 1951 UN Convention relating 
to the Status of 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;


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id)Application -  refers to the formal wTitten claim 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 -  refer to persons below eighteen (i8) 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 6o 
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 from recognition as a Refugee under the 1951 Refugee 
Convention, or a Stateless Person under the 1954 UN Convention;
0) 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;
im) Protection Board -  refers to the Refugees and Stateless Persons 
Protection Board;
in) Protection Officer -  is a technical staff of the Secretariat of the 
Protection Board, who evaluates and processes the claim of the 
Applicant to refugee or stateless status and their eligibility for 
protection;
io) Refugee -  is a person who, owing 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 that country; or who, not


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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 III
STATE RESPONSIBILITY AND RIGHTS AND OBLIGATIONS OF 
REFUGEES AND STATELESS PERSONS
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Sec. 5. State Responsibilities. -  The State has the following obligations;
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(a) The State shall not remove or expel a refugee, save on grounds of
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national security or public order, from the Philippines to a country
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w'here he or she w7ould be at risk of persecution for reasons of race,
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religion, nationality, membership in a particular social group or
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political opinion; and
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(b)The State shall not impose penalties on refugees who enter
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Philippine territory, albeit illegally, when they come from a
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territory where their life or freedom was threatened, provided they
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present themselves without unreasonable delay to the authorities
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and show good cause for their illegal entry or presence. No undue
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restriction on movement or travel shall be imposed other than
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those which are necessary and such restrictions shall only be
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applied until their status in the country is regularized or they
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obtain admission into another country. Reasonable time shall be
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allowed for such refugees to obtain admission into another country
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if they so decide for such an option.
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Sec. 6. Rights of refugees. -  The following rights of refugees under the 1951
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Refugee Convention and the 1967 Protocol are hereby adopted:


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1. The right 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 to personal or real property;
5. The right for the recognition and respect of the property rights of 
refugees pertaining to inventions, designs, 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 under the 1951 Refugee Convention, refugees 
have the right to be treated equally with other non-nationals, and 
in conformance with internationally recognized legal standards.
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Sec. 7. Rights of Stateless Persons. -  The following rights of stateless persons
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under the 1954 UN Convention are hereby adopted:


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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 
domicile ahead of the law or 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 favorably 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.
Sec. 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 IV
REFUGEE AND STATELESS PERSONS PROTECTION BOARD


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Sec. 9. Refugees and Stateless Persons Protection Board. -  There is hereby
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created the Refugees and Stateless Persons Protection Board (“Protection Board”) as
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the central authority in matters relating to the determination of the status of refugees
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and stateless persons and their eligibility for protection. Accordingly, the Bureau of
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Immigration’s principal responsibility “for the administration and enforcement of
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immigration, citizenship and alien admission and registration laws” under the
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Philippine Immigration Act of 1940 (Commonwealth Act No. 613, as amended) and
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the Administrative Code of the Philippines of 1987 (Executive Order No. 292), in so
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far as it relates to the determination of the status of refugees and stateless persons
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and their eligibility for protection, is hereby modified and transferred to the
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Protection Board. Likewise, the Refugees and Stateless Persons Protection Unit
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(RSPPU) in the Legal Staff of the DOJ is hereby abolished, and its duties and
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responsibilities are transferred to, and assumed by the Protection Board.
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Sec. 10. Composition of the Protection Board.- The Protection Board shall be
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composed of the Secretary of the DOJ (“Secretary”), or his/her representative with a
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rank of at least Assistant Secretary, as ex officio Chairperson; the Secretary of the
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DFA, or his/her representative with a rank of at least Assistant Secretary, as ex officio
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Vice Chair; the Commissioner of the Bureau of Immigration (“Commissioner”); the
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National Security Adviser, or the latter two (2) officials’ representatives with a rank
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of at least Director, as ex officio members; and four (4) other members to be
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appointed by the President for a non-renewable term of five (5) years including a
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representative from the civil society with a strong advocacy and experience in refugee
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crisis management; Provided, that there shall be appointed three (3) lawyers who
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shall at least have the qualification of a regional trial court judge; Provided further,
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that all four (4) appointees shall have relevant training and experience in either areas
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of human rights, immigration, social work, or refugee protection.
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Sec. 11. Powers and Functions of the Protection Board. -  The Board shall
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have the following powers and functions:
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(a) To prescribe rules and regulations as it may deem reasonably necessary 
to carry out the provisions of this Act;


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(b) To receive, examine and decide applications for status as refugee or 
stateless persons, and resolve requests for provisional protective 
measures 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 reports to the competent organs of the UN, including the 
UNHCR, in the appropriate form with information and statistical data 
requested concerning:
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The condition of refugees and stateless persons;
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The implementation of the 1951 Refugee Convention and 
the 1954 UN Convention; and
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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.
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Sec. 12. Relationship with the Department of Justice. -  The Protection Board
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shall be attached to the DOJ for coordination of its policies and programs.
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Sec. 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.
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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 
applications;
(c) Assist the Protection Board in technical functions; and


(d) Perform other duties that may be assigned by the Board.
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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.
Sec. 14. Operating Budget. -  The initial operating budget of the Protection 
Board shall be Fifty million pesos (Php 50,000,000). Thereafter, such sums as may 
be necessary for its continued operation shall be included in the annual General 
Appropriations Act.
CHAPTER V 
PROCEDURE
Sec. 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 ten (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 accompan>ing family members, and such other 
documents to support the claim to refugee or stateless status, where available.
Sec. 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.
Sec. 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


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Applicant, be suspended and the Application shall be considered first for refugee
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status determination. If the claim to refugee status is denied with finality, the
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stateless status determination shall recommence automatically.
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Sec. i8. Burden of Proof. -  The responsibility of proving a claim to refugee or
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stateless status is a shared and collaborative burden betw'een the Applicant and the
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Protection Officer assigned by the Secretariat to evaluate, investigate and process the
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Application. The Applicant has the obligation to provide accurate, full and credible
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account or proof in support of his/her claim, and submit all relevant evidence
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reasonably available.
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A finding that the Applicant is a refugee is warranted where he or she has met
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the definition of the refugee under this Act. The finding that the Applicant is stateless
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is warranted where it is established, to a reasonable degree, that he or she is not
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considered a national by any State under the operation of its laws. This involves the
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examination of the nationality laws of the country with which the Applicant has a
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relevant link (by birth, descent, marriage or habitual residence).
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The UNHCR Guidebook for Status Determination may be used for guidance
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by the Board.
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Sec. 19. Basic Principles. -  The evaluation of an Application shall be governed
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by the following basic principles:
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(a) An Applicant shall not be deprived of refugee or stateless status, and
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shall not be discriminated in the application of the Conventions, on
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account of race, religion, political opinion, membership in a
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particular social group, or country of origin;
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(b) An Applicant and/or his or her dependents during the pendency of
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his or her Application, or a refugee shall not be expelled or returned
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to a country' where there are valid reasons to believe that his or her
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life or freedom w'ould be threatened on account of his or her race,
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religion, nationality, membership in a particular social group or
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political opinion;
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(c) An Applicant for refugee status and/or his or her dependents shall
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not be punished on account of his/her illegal entry or presence in
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the countty, provided he or she presents himself or herself without
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delay to the authorities and/or shows good cause for his or her
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illegal entry or presence;
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(d) As much as possible, the approval of an Application should consider
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the preserv'ation and promotion of family unity; and
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(e) An Applicant shall not be detained on account of being stateless or
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refugee.
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Sec. 20. Rights of an Applicant. -  The Applicant has the right to legal counsel.
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He or she is entitled to have the services of an interpreter, if necessary, at all stages of
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the refugee status determination and for the purposes of the preparation of the
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written application and for the interview. He or she shall not be denied access to the
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UNHCR.
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If an Applicant is a person with disability, he/she shall be provided the
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necessary assistance to present his/her case to the Board, including but not limited
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to medical support and sign language interpreters.
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Sec. 21. Interview. -  The Protection Officer, as assigned by the Secretariat,
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shall interview the Applicant to receive evidence, oral and/or documentary, to
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substantiate the claim. The Applicant has the right to have the interview conducted
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in a manner that shall ensure confidentiality.
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Sec. 22. Decision. -A written decision on the Application shall be rendered by
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the Protection Board within sixty (6o) days from submission by the Board Secretary
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of the report and recommendation concerning an Application.
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The Protection Board, through the Board Secretary, shall notify the Applicant
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of the decision in writing, recognizing refugee or stateless status. In case the
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Application is disapproved, the decision shall state the reasons supporting the same,
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a copy of which shall be furnished the Applicant.
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The decision shall include a finding that the person is not excluded under
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Section 32 of this Act. If the Application is approved, the decision shall expressly
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state that the grant of status as a refugee or stateless person shall be subject to the
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non-waivable condition that he/she shall comply with the obligations of such
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protected persons pursuant to Section 8 of this Act.
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Sec. 23. Request for Reconsideration. -  In case the Application is disapproved,
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the Applicant may request reconsideration of the decision. Only one (1) request shall
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be allowed to be filed within thirty (30) days from receipt of the decision. The
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Protection Board shall issue a wTitten resolution on the reconsideration within a
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reasonable time.
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Sec. 24. Finality of Decision. -  Where the Application is denied with finality,
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the Applicant shall be afforded sufficient time to leave the country unless he or she
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holds another immigration status or the Commissioner has authorized his or her
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continued stay. Any deportation proceeding that has been suspended pursuant to
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Section 16 hereof may be reactivated.
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Sec. 25. Effects of Recognition. -  Refugees and stateless persons may enjoy
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and exercise such rights and privileges accorded by the UN Conventions, subject to
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Philippine laws and regulations. The benefits of recognition, as appropriate, shall
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automatically inure to the accompanying family members duly included in the
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Application, except those excluded under Section 32 of this Act.
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The Protection Board shall notify the Commissioner of its decision.
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Sec. 26. Non-Suspension of the Stateless Status Determination. -  In the case
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of Application for stateless status, this procedure shall proceed notwithstanding the
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Applicant seeking acquisition or reacquisition of nationality, resettlement in another
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country, readmission to former country of residence, or is subject of deportation or
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extradition.
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Sec. 27. Termination of the Procedure.-The procedure shall terminate on any
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of the following grounds:
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(a) Withdrawal of the Application;
(b) Abandonment of the Application; or
(c) Death of the Applicant.
12


1 
In case of death of the Applicant, the Application shall survive in
2 
respect to the accompanying family members who are included in
3 
the Application.
4 
Sec. 28. Applicants Requiring Assistance. -  The Protection Board, through
5 
the Secretariat, shall ensure that unaccompanied minors, persons with disabilities,
6 
and other persons unable to fully take care of themselves are referred to the
7 
appropriate government agencies and/or non-government organizations for their
8 
care, welfare, and access to legal services, including the filing of the appropriate
9 
application.
10 
Sec. 29. Provisional Measures. -  Pending decision or finality of judgement in
11 
the Application, an Applicant, through the Protection Officer and the Board Secretary,
12 
may apply with the Protection Board, and may be granted such provisional measures,
13 
which are reasonably necessary to protect the personal security, liberty and property
14 
of the Applicant. In the enforcement of such provisional measures, the Protection
15 
Board may enlist the assistance of concerned government agencies and the UNHCR.
16 
This provision is without prejudice to the continued application of Executive
17 
Order No. 304 dated 31 August 1987 authorizing the Task Force on Refugee
18 
Assistance and Administration, and the DFA to respectively issue identity papers and
19 
travel documents to refugees and stateless persons staying in the Philippines.
20 
Sec 30. Coordination with the Commission on Human Rights (CHR) and the
21 
UNHCR. -  The Protection Board may seek the CHR and the UNHCR for their
22 
expertise, technical guidance and assistance. It shall inform the CHR and the
23 
UNHCR about relevant policies and programs pursued by the Philippine
24 
Government toward ensuring the implementation and compliance with the UN
25 
Conventions and the provisions of this Act.
26 
Sec. 31. Confidentiality of Information. -  The information provided by an
27 
Applicant shall be confidential and may only be used to make a determination of the
28 
veracity of the factual statements in the application. The information may, however,
29 
be made available, upon request, to the UNHCR and the National Security Council.
30 
CHAPTER VI
13


EXCLUSION
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Sec. 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 of 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”;
They have committed a serious non-political crime outside the 
Philippines prior to their admission to the Philippines; and 
They have been found guilty of acts contrary to the purposes and 
principles of the UN.
11.
111.
CHAPTER VII 
JUDICIAL APPEAL
Sec. 33. Judicial Review. -  In accordance with the Rules of Court, under Rule 
43, the Applicant may seek judicial review of the decision or resolution of the 
Protection Board within the period prescribed.
Sec. 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 VIII
14


1
2
CANCELLATION, REVOCATION AND CESSATION OF REFUGEE
STATUS
3 
Sec. 35. Initiating Proceedings for Cancellation, Revocation and Cessation of
4 
Refugee Status. -  The Board may, motu propio, or upon a verified complaint, initiate
5 
proceedings for cancellation, revocation or cessation of refugee status.
6
7
8 
9
10
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12
18
19
20 
21 
22
23
24
25
26
27
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29
if:
Sec. 36. Cancellation of Refugee Status.-The refugee status shall be cancelled
(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.
13 
Sec. 37. Revocation of Refugee Status. -  The refugee status shall be revoked
14 
where there has been a finding that the person granted refugee status is excluded
15 
under Section 32 of this Act.
16 
Sec. 38. Cessation of Refugee Status. -  The refugee status shall cease if a
17 
Refugee:
(a) Voluntarily re-availed himself or 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
15


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arising out of previous persecution for refusing to avail himself or 
herself of the protection of the countrv' 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.
Sec. 39 Re-instatement of Stateless Status Determination. -  If the Application 
was suspended under Section i6 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.
14 
Sec. 40. Cancellation of Stateless Status. -  The stateless status shall be
15 
cancelled where the stateless person has obtained a nationality or reacquires his or
16 
her former nationality.
where:
Sec. 41. Revocation of Stateless Status. — The stateless status shall be revoked
(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.
Sec. 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.
Sec. 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.
30
CHAPT ER IX
16


1 
REMOVAL
2 
Sec. 44, Removal of a Refugee or a Stateless Person. -  A Refugee or a
3 
Stateless Person may be removed from Philippine territory:
4 
(a) When he or she has been convicted with finality of a serious offense and is
5 
considered a danger to the community after having servred his or her
6 
sentence; or
7 
(b) On grounds of national security or public order. The expulsion shall only
8 
be in pursuance of a decision reached in accordance with due process of
9 
law. Except where compelling reasons of national security require, the
10 
refugee or stateless person shall be allowed to submit evidence to clear
11 
himself or herself, and to appeal and be represented by legal counsel for
12 
that purpose before a competent authority. The refugee or stateless person
13 
subject of removal shall be allowed a reasonable period within which to
14 
seek admission into another country.
15 
CHAPTER X
16 
FINAL PROVISIONS
17 
Sec. 45. Implementation. -  The Protection Board shall be appointed within
18 
within three (3) months from the effectivity of this Act and shall convene one (1)
19 
month thereafter. The Protection Board shall promulgate and issue the necessary
20 
rules and regulations within three (3) months after its constitution.
21 
Sec. 46. Separability Clause. -  Should any provision of this Act be declared
22 
invalid, the remaining provisions shall continue to be valid and subsisting.
23 
Sec. 47. Repealing Clause. -  All laws, presidential decrees and issuances,
24 
executive orders, rules and regulations or part thereof, which are inconsistent with
25 
this Act, are hereby repealed or modified accordingly.
26 
Sec. 48. Effectivity. -  This Act shall take effect fifteen (15) days after its
27 
publication in the Official Gazette or in two (2) newspapers of general circulation.
Approved,
17