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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

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NINETEENTH CONGRESS
Third Regular Session

House Bill No, 2 9799

Introduced by

SPEAKER FERDINAND MARTIN G. ROMUALDEZ
YEDDA MARIE K. ROMUALDEZ

and
JUDE A. ACIDRE

AN ACT
ESTABLISHING THE REFUGEES AND STATELESS PERSONS PROTECTION
OFFICE, PROVIDING FOR THE REFUGEE AND STATELESS PERSON STATUS
DETERMINATION PROCEDURE, SETTING FORTH THE OBLIGATIONS, RIGHTS
AND TREATMENT OF RECOGNIZED REFUGEES AND STATELESS PERSONS,
AND FOR OTHER PURPOSES

EXPLANATORY NOTE

The Philippines has a deeply rooted culture of hospitality and compassion for
others. Since the 1900s, it has served as a safe haven for vulnerable and
marginalized refugees, asylum seekers, stateless persons, and populations at risk of
statelessness who often face challenges within State systems.

In recent years, the country's steadfast commitment to providing a favorable
and protective environment for these persons of concern (POC) has been reflected
in our robust policy and legal framework. The Philippines is one of the few countries
in the Asia-Pacific region to become a State Party to the 1957 Convention Relating
to the Status of Refugees and its 1967 Protocol in 1981. It is also the first country in
Southeast Asia to ratify the 1954 Convention Relating to the Status of Stateless
Persons in 2011 and the 1961 Convention on the Reduction of Statelessness in
2022. Furthermore, the Philippines has issued several executive orders and circulars
that provide protection services for refugees, asylum seekers, and stateless persons.

Page 1 of 26

————S


However, despite these positive developments, the Philippines has yet to enact a
comprehensive and enabling law for said persons of concer.

Thus, this bill seeks to institutionalize a Refugee and Stateless Status
Determination Procedure, as well as outline the rights and obligations of refugees
and stateless persons, in accordance with the 1951 Refugee Convention, its 1967
Protocol, and the 1954 Statelessness Convention. Further, this bill will enable the
expansion of the current Refugees and Stateless Persons Protection Unit of the
Department of Justice (DOJ-RSPPU) into an Office with allocated funding in the
General Appropriations Act, with designated personnel equipped with expertise in
refugee protection and addressing statelessness.

Through this bill, it is hoped that the State will be able to contribute to the
vision set forth in the United Nations 2030 Agenda of ensuring safe, orderly, and
regular migration, with full respect for human rights and the humane treatment of
refugees and of displaced persons. It shall also fulfil the Philippines’ commitments to
enhance the legistative framework for refugees and stateless persons as manifested
during the 2019 and 2023 Global Refugee Forum’, the 2019 High-Level Segment on
Statelessness*, and the 2011 Ministerial Intergovernmental Event on Refugees and
Stateless Persons?

In view of the foregoing, the passage of this bill is eamestly sought.

FERDINAND UU (Lo ROMUALDEZ

Representative, 1* District of Leyte Representative, Tingog Sinirangan

United Nations High Commissioner for Refugees. (2019). Global Refagee Forum
hnps://www-unher.org/events/conferences/Secd458e4/outcomes-global-refugee-forum-2019.htm!

? United Nations High Commissioner for Refugees. (2019). High-Level Segment on Statelessness.
butps://www.unhecr org/ibelong/results-of-the-high-level-segment-on-statelessness/

> Refworld, (2011). Ministerial Intergovernmental Event on Refugees and Stateless Persons.
https://www.refworld.org/docid/S0aca6 112. html

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————S


Tingog Sinirangan

Page 3 of 26


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
Third Regular Session

107:

House Bill No.

Introduced by

SPEAKER FERDINAND MARTIN G. ROMUALDEZ
YEDDA MARIE K. ROMUALDEZ

an
JUDE A, ACIDRE

AN ACT
ESTABLISHING THE REFUGEES AND STATELESS PERSONS PROTECTION
OFFICE, PROVIDING FOR THE REFUGEE AND STATELESS PERSON STATUS
DETERMINATION PROCEDURE, SETTING FORTH THE OBLIGATIONS, RIGHTS,
AND TREATMENT OF RECOGNIZED REFUGEES AND STATELESS PERSONS,
AND FOR OTHER PURPOSES.

Be it enacted by the Senate and House of Representatives of the Philippines
in Congress assembled:

Chapter 1
GENERAL PRINCIPLES

SECTION 1. Short Title — This Act shall be known as the “Comprehensive Refugees
and Stateless Persons Protection Act’.

SECTION 2. Declaration of Policy — It is hereby declared the policy of the State to
value the dignity of every human being, including refugees, asylum seekers,
stateless applicants, stateless persons, and populations at risk of statelessness, and
to guarantee the respect for individual rights. In pursuit of this policy, the State shall
give priority to the enactment of measures and the development of programs that will

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protect them from threats, violence, persecution, and exploitation, and ensure their
reintegration into mainstream society.

In accordance with the principle that the Philippines adopts the generally accepted
principles of international law as part of the law of the land, the State shall strive to
address the vulnerabilities of these populations by codifying matters pertaining to
their status, obligations, rights, and treatment, in keeping with their fundamental
freedoms guaranteed under the 1951 Convention Relating to the Status of Refugees
and its 1967 Protocol, the 1954 Convention Relating to the Status of Stateless
Persons, the 1961 Convention on the Reduction of Statelessness, and any future
international conventions on the subject matter to which the State will become a

Party.

SECTION 3. Basic Principles - This Act shall be governed by the following
principles:

{a)Non-discriminatory application of the refugee and stateless status
determination procedure, considering factors such as age, gender, disability,
and diversity;

(b) Non-deprivation of refugee or stateless status and non-discrimination in
the application of the 1951 Refugee Convention and its 1967 Protocol and the
1954 Statelessness Convention, regardless of race, religion, political opinion,
or country of origin;

(c) Preservation and promotion of family unity;

(d) Best interest of the child as the primary consideration in all actions
concerning children, including those who are unaccompanied and separated;
and

(e) Non-detention on account of being stateless or a refugee.

‘SECTION 4. Definition of Terms — As used in this Act:

(a) 1951 Refugee Convention - refers to the 1951 United Nations Convention
relating to the Status of Refugees;

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(b) 1967 Protocol - refers to the 1967 Protocol Relating to the Status of
Refugees;

(c) 1954 Statelessness Convention - refers to the 1954 United Nations
Convention relating to the Status of Stateless Persons;

(d) Applicant - refers to a person who has submitted the Application, including
their accompanying and applying Family Members, or, in the case of a child or
incapacitated person, the person on whose behalf an Application was
submitted;

(e) Application - refers to the formal written claim to refugee or stateless status,
as the case may be, and initiates the status determination procedure;

(f) Asylum seeker - refers to a person who is seeking international protection
and whose claim has not been finally decided upon;

(g) Bureau - refers to the Bureau of Immigration;

{h) Child - refers to a person 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 physical, mental,
intellectual or sensory disability or condition;

(i) Commissioner - refers to the Commissioner of the Bureau;

() Country of Origin - refers to (i) the country to which an Asylum Seeker is a
national or citizen; (ji) the country of the Asylum Seeker's former habitual
residence, if not having a nationality; or (iii) the country to which a stateless

Applicant is a habitual resident;

(k) DFA - refers to the Department of Foreign Affai

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(I) Durable solutions - refer to the satisfactory and permanent resolution of
refugee or stateless status ensuring national protection for their civil, cultural,
economic, political and social rights;

(m) Family Members - refer to the legal spouse andlor child of the Applicant;

(n) Non-refoulement — refers to a principle of customary international law which
provides that no State shall expel or return a refugee in any manner
whatsoever, to the frontiers of territories where their life or freedom would be
threatened on account of their religion, nationality, membership in a particular
social group, or political opinion;

(0) Protection - refers to all activities aimed at ensuring full respect for the rights
of the individual in accordance with the letter and spirit of the relevant bodies
of law, such as human rights law, humanitarian law, and refugee and
statelessness law;

(p) Protection Officer - refers to an officer of the Refugees and Stateless
Persons Protection Office who evaluates the claims of the Applicant to
refugee and stateless status and their eligibility for protection;

(q) Persons of Concern (POC) - collectively refers to refugees, asylum seekers,
stateless applicants, stateless persons, and populations at risk of
statelessness;

(*) PSA - refers to the Philippine Statistics Authority;

(s) Recognized Refugee or Stateless Person - refers to an Applicant who has
been determined as a refugee or stateless person by the Refugees and
Stateless Persons Protection Office;

{t) Refugee - refers to a 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 their

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nationality and is unable or, owing to such fear, is unwilling to avail
themselves of the protection of that country; or who, not having a nationality
and being outside the country of their former habitual residence, is unable or,
owing to such fear, is unwilling to return to it;

(u) Refugees and Stateless Persons Protection Office (RSPPO) - refers to the
office that will evaluate the claims of Applicants and their eligibility for
protection;

(v) Secretary - refers to the Secretary of Justice;

(w) Stateless Person - refers to a person who is not considered as a national by
any State under the operation of its law; and

(x) UNHCR - refers to the United Nations High Commissioner for Refugees.

Chapter 2
REFUGEES AND STATELESS PERSONS PROTECTION OFFICE

SECTION 5. Refugees and Stateless Persons Protection Office. - There is
hereby created the Refugees and Stateless Persons Protection Office (RSPPO) as
an attached agency of the Department of Justice (DOJ). The RSPPO shall be
independent and autonomous but attached to the DOJ for purposes of policy and
program coordination.

SECTION 6. Powers and Functions. - The RSPPO shall have the following
functions:

(a) Facilitate identification, registration, status determination, and protection of
refugees and stateless persons under the terms of this Act;

(b) Establish and implement a fair, efficient, and non-adversarial procedure to
facilitate identification, treatment, and protection of refugees and stateless

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persons, including applicants, in accordance with this Act, international law,
and humanitarian tradition of the Republic of the Philippines;

(c) Issue visas and other relevant documentation to refugees, asylum seekers,
stateless applicants, and stateless persons in accordance with applicable
laws, rules, and regulations. The requirements and validity of such
documentation shall be guided by the implementing rules and regulations,
considering the specific circumstances and vulnerabilities of these individuals;

(d) Formulate and coordinate the development, implementation, monitoring, and
evaluation of goverment policies, plans, and programs, including their
integration into development, sectoral and emergency response and recovery
frameworks, towards the protection and pursuit of durable solutions for and
with POC;

() Coordinate with relevant agencies to ensure access to services, including the
provision of shelter to refugees, asylum seekers, stateless applicants, and
stateless persons, in coordination with the Department of Human Settlements
and Urban Development (DHSUD) and local government units (LGUs);

() Assist and coordinate with government agencies, non-government
organizations, the UNHCR, and other United Nations agencies, as necessary,
to consider and facilitate measures aimed at finding durable solutions for
refugees and stateless persons, ensuring their protection and access to
appropriate assistance and services; and

(@) Perform such acts as may be necessary implement the provisions of this Act
and other related laws, rules, and regulations pertaining to refugees and

stateless persons.

SECTION 7. Composition. - The RSPPO shall be headed by an Executive Director
who shall be assisted by the following:

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(a) Three (3) Deputy Directors on refugee protection, addressing statelessness
and on administrative and financial matters;

(b) Five (5) Senior Protection Officers;

(c) Ten (10) Associate Protection Officers; and

(d) Such number of personnel, as may be necessary, to enable the RSPPO to
effectively and efficiently execute its mandate.

The Executive Director and Deputy Directors shall be appointed by the President. All
other officials and personnel of the RSPPO shall be appointed by the Executive
Director.

SECTION 8. Minimum Requirements for Qualification - No person shall be
appointed as Executive Director unless such person has been engaged in the
practice of law for at least ten (10) years, with at least eight (8) years of experience
or exposure in the field of refugee and statelessness matters and/or human rights.
The Executive Director shall have the same qualifications for appointment, rank,
category, salary grade, salaries, benefits, allowances, and other emoluments as
those of an Undersecretary.

No person shall be appointed as Deputy Director unless they have at least six (6)
years of experience or exposure in the field of refugee and statelessness matters
and/or human rights; Provided, that at least two (2) Deputy Directors must be
members of the Philippine Bar with at least six (6) years of legal experience. They
shall have the same qualifications for appointment, rank, category, salary grade,
salaries, benefits, allowances, and other emoluments as those of an Assistant
Secretary.

Senior Protection Officers must have at least four (4) years of experience or
exposure in the field of refugee and statelessness matters and/or human rights.

Associate Protection Officers must have at least two (2) years of experience or
exposure in the field of refugee and statelessness matters and/or human rights;
Provided, that at least eight (8) Protection Officers must be members of the
Philippine Bar.

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Personnel of the RSPPO shall be selected based on qualifications determined by the
Executive Director in accordance with civil service laws, rules, and regulations.

The Executive Director shall determine the functions and responsibilities of the
Protection Officers in accordance with existing laws, rules, and regulations.

Chapter 3
REFUGEE AND STATELESS STATUS DETERMINATION PROCEDURE

SECTION 9. Refugee and Stateless Status Determination Procedure. - The
RSPPO shall establish a free, fair, speedy, and non-adversarial Refugee and
Stateless Status Determination (RSSD) procedure. The procedure may be classified
as regular or accelerated depending on the circumstances of the Applicant.

SECTION 10. Application. - In general, the Application may be filed directly with
the RSPPO or in the central office or any field office of the Bureau.

For applications filed in ports of entry (airports or seaports), the Application is
initiated by a declaration of the arriving alien before the immigration officer or port
personnel of their intention to seek asylum in the Philippines.

In cases where the Applicant is detained in any government detention facility, the
Applicant or their counsel may file an Application for an accelerated procedure with
the Warden or the Head of the government detention facility where the Applicant is
detained,

In case the Application is filed with the Bureau, ports of entry, or government
detention facility, the Commissioner or the head of the Bureau's field office, or the
Warden or Head of the government detention facility, as applicable, shall forward the
Application to the RSPPO, together with relevant documentation and evidence to
support the claim to refugee or stateless status, where available.

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In cases where it is not feasible for the Applicant to personally file their Application,
the intention to apply for recognition as a refugee or stateless person may be
expressed through other means as established under the implementing rules and
regulations.

At any time prior to the rendering of the decision, the Applicant may submit additional
documents, statements, and pleadings to supplement the Application.

SECTION 11. Suspensive Effect of the Application. - Any proceeding for the
deportation or exclusion of the Applicant and/or their Family Members shall be
suspended upon the filing of the Application until a final determination of their status
has been reached, regardless of the stage of the proceedings. The Applicant,
together with their Family Members, if relevant, who may be detained for an
immigration-related violation, may be released from custody upon the order of the
Executive Director or a duly authorized representative, based on the
recommendation of the Executive Director, subject to the conditions that the former
may impose.

The Executive Director, in the exercise of the power to release Applicants and/or
their Family Members from detention, may take into consideration their special
needs and/or circumstances, such as if they are survivors of trauma or torture,
survivors or potential victims of trafficking, children, persons with disability, and/or the
elderly.

The Commissioner shall implement the order of release and inform the RSPPO of
the action taken.

SECTION 12. Durable Solutions. - For refugees, a durable solution requires
re-establishment of a permanent legal status and generally involves voluntary
repatriation, local integration, or resettlement. For stateless persons, the only durable
solution is the acquisition or confirmation of nationality.

SECTION 13. Priority of Refugee Status Determination. — Where in the
Application for recognition as a stateless person or in the processing thereof, a

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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
for refugee status determination. If the claim to refugee status is denied with finality,
the stateless status determination shall automatically recommence.

SECTION 14. Burden of Proof. - The burden of proof in a claim to refugee or
stateless status rests on the Applicant. However, the duty to ascertain and evaluate
all the relevant facts is a shared and collaborative effort between the Applicant and
the Protection Officer.

The Applicant has the obligation to provide an accurate, full, and credible account or
proof in support of their claim and to submit all relevant evidence that is reasonably
available. The Protection Officer shares the duty to ascertain and evaluate all
relevant facts of the case.

For this purpose, the Executive Director, Deputy Directors, and Protection Officers
are authorized to administer oaths.

SECTION 15. Rights of an Applicant. - From the time of the filing of the
Application, until the finality of the decision on the Application, the Applicant shall
have the following rights:

(a) To legal counsel, including legal representation and counselling from the
Public Attorney's Office, subject to its rules and regulations;

(b) To be informed and have access to the procedure and to due process;

(c) To the extent possible, have the Applicant's interview conducted in a private,
secure, and appropriate location, and in a confidential manner,

(d) To participate in the procedure in a language and manner they understand,
and to have access to the services of an interpreter, if necessary;

(e) To have access to the UNHCR:

(f) To have protection from any forcible return in any manner whatsoever, to a
country where one may face persecution on account of one’s race, religion,
nationality, membership of a particular social group or political opinion;

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(g) To be free from punishment on account of their illegal entry or presence in the
country, provided they present themselves to the authorities and/or show
good cause for their illegal entry or presence; and

(h) To access protection services as may be provided under existing laws, rules
and regulations.

Nothing herein shall be construed in a manner that diminishes the enjoyment of such
rights. Applicants shall have the right to avail themselves of greater rights provided
under international human rights conventions and treaties of which the Philippines is
a State Party, as well as under existing laws, rules, and regulations, including those
granted under this Act.

SECTION 16. Group-based procedures. - The RSPPO may activate group-based
recognition procedures for large-scale situations characterized by the arrival across
an international border of persons in need of international protection in such
numbers and at such rate as to render individual determination of their claims
impracticable.

SECTION 17. Security Clearance. - Prior to the issuance of a decision recognizing
the refugee or stateless status, the RSPPO shall forward the relevant personal
information of the Applicant to the appropriate government security agency for
vetting any derogatory information that may affect the application.

In vetting applications for refugee or stateless status, the principles under relevant
international human rights law shall be considered.

Verification and regular security vetting shall also apply and form part of the process
for group-based procedures.

Chapter 4

RENDERING, FINALITY, AND EFFECTS OF THE DECISION AND MODES OF
APPEAL

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SECTION 18. Decision. - A written decision on the Application shall be rendered by
the RSPPO within a prescribed period. A decision denying recognition of the
Applicant may be appealed pursuant to Sections 20 and 21, Chapter 4 of this Act
and in accordance with existing rules and regulations.

SECTION 19. Request for Reconsideration. — If the Application is denied, the
Applicant or their counsel may file a request for reconsideration of the decision
denying the Application. This must be filed with the RSPPO or appropriate authority
within a prescribed period and based on any meritorious circumstances identified
under the implementing rules and regulations of this Act.

SECTION 20. Administrative Appeal to the Office of the President. - A decision
or resolution of the RSPPO denying an Application or a request for reconsideration
may be appealed to the Office of the President (OP) under the principle of
exhaustion of administrative remedies and in accordance with the rules and
regulations governing appeals on RSSD cases to the OP.

SECTION 21. Judicial Appeal. - In line with the Rules of Court, the Applicant may
seek judicial review of the decision or resolution on the request for reconsideration of
the decision of the OP.

SECTION 22. Finality of the Decision. - The decision is deemed final where the
Applicant did not request for reconsideration of the decision or seek any
administrative or judicial remedy under Sections 20 and 21, Chapter 4 of this Act.

SECTION 23. Effects of Recognition. - The recognition of the Applicant as a
refugee or stateless person shall have the following effects:
(a) The benefits derived from this recognition shall also, as appropriate, extend to
Family Members who are present in the Philippines;
(b) They shall enjoy the same treatment accorded to aliens in general, unless
otherwise provided in this Act; and
(c) After a period of three (3) years of residence, all recognized refugees and
stateless persons shall be exempt from reciprocity required by law.

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Chapter 5
EXCLUSION

SECTION 24. Persons Excluded — This Act shall not apply to the following:

(a) Persons who are currently receiving protection or assistance from organs or
agencies of the United Nations other than the UNHCR, as long as they are
receiving such protection or assistance.

If this protection or assistance ceases for any reason, and their status remains
unresolved in accordance with the relevant resolutions adopted by the
General Assembly of the United Nations, these persons shall ipso facto be
entitled to the benefits of this Act.

(b) Persons who are recognized by the competent authorities of the country in
which they reside as having the rights and obligations which are attached to
the possession of the nationality of that country; and

(c) Persons who, for serious reasons, are considered to have committed any of
the following:

1. Crimes against peace, war crimes, or crimes against
humanity, as defined in intemational instruments

addressing such crimes;

2. Serious non-political crime outside the Philippines prior to
their admission to the Philippines; or

3. Acts contrary to the purposes and principles of the United

Nations.
Chapter 6
CANCELLATION, REVOCATION, AND CESSATION OF REFUGEE OR
STATELESS STATUS

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SECTION 25. Cancellation of Refugee or Stateless Status. - The refugee or
stateless status shall be cancelled if:

(a) The recognition was granted erroneously as a result of intentional
misrepresentation or concealment by the Applicant or a third party of facts
that were material to the determination of the claim;

(b) New evidence shows that the Applicant ought not to have been recognized in
the first place;

(c) Recognition was granted on the basis of a material mistake of fact or law; or

(d) Misconduct by the Applicant, including but not limited to threats or bribery,
was the motivating factor for the recognition of refugee or stateless status.

SECTION 26. Revocation of Refugee Status. - The refugee status shall be
revoked if, subsequent to recognition, refugees engage in conduct that would bring
them within the exclusion grounds under Sections 24(c)(1) and 24(c)(3), Chapter 5 of
this Act.

SECTION 27. Revocation of Stateless Status. - The stateless status shall be
revoked if there are serious reasons to believe that, after recognition, stateless
persons engage in conduct that would bring them within the exclusion grounds under
Chapter 6 of this Act.

SECTION 28. Cessation of Refugee Status. - The refugee status shall cease if a
Refugee:

(a) Voluntarily re-availed of the protection of the country of their nationality;

(b) Voluntarily re-acquired their lost nationality;

(©) Voluntarily acquired a new nationality and enjoys the protection of that
country;

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(d) Voluntarily re-established themselves in the country they left, or outside of
which they remained owing to fear of persecution;

(e) Enjoys the protection from the country of their nationality, because the
reasons in connection with which they were 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 themselves of the protection of the country of their nationality;
or

(f) Not having a nationality, returned to their country of habitual residence due to
changed circumstance; Provided, that this paragraph shall not apply to a
Tefugee who is able to invoke compelling reasons arising out of previous
persecution for refusing to avail themselves of the protection of the country of
their former habitual residence.

SECTION 29. Cessation of Stateless Status. - The stateless status shall cease
when a stateless person acquires a nationality.

SECTION 30. Application for Cancellation, Revocation or Cessation. - A refugee
or stateless person may apply, personally or by electronic means, with the RSPPO
for the cancellation, revocation or cessation of their own refugee or stateless status,
providing justification and necessary documents in support of the application.

SECTION 31. Motu proprio re-examination or re-assessment of refugee or
Stateless status. - The RSPPO may review and assess, motu proprio, the status of
a refugee or stateless person under circumstances that may have come to its
attention, including information from any interested person that justifies a
re-examination or re-assessment for the cancellation, revocation, or cessation of
such status.

SECTION 32. Decision in cases of Cancellation, Revocation or Cessation. - The
refugee or stateless status of a person shall not be cancelled, revoked, or ceased
unless pursuant to a decision rendered by the RSPPO and after observance of due
process of law.

Page 18 of 26


SECTION 33. Request for Reconsideration and Appeal. - A refugee or stateless
person or their counsel may request for reconsideration of the decision within a
prescribed period.

The refugee or stateless person may appeal to the OP or the courts pursuant to
Sections 20 or 21, Chapter 4 of this Act within the period prescribed under existing
rules and regulations.

SECTION 34. Effects of Finality of Decision Denying Recognition. - The RSPPO
shall inform the Bureau of the finality of the denial of the Application. Said denial
converts the Applicant's asylum or stateless case into an immigration matter. The
Applicant shall be afforded sufficient time to leave the country unless they hold
another immigration status, or the Commissioner has authorized the Applicant's
continued stay. Any immigration proceeding that has been suspended pursuant to
Section 11, Chapter 3 of this Act may be reactivated.

Chapter 7
REMOVAL

SECTION 35, Removal of a Refugee or a Stateless Person. - Subject to due
process, a refugee or stateless person may be removed from the Philippine territory:

(a) On grounds of national security or public order; or
(b) When they have been convicted with finality of a crime punishable by more
than six (6) years of imprisonment and is considered a danger to the
community.
Chapter 8

RIGHTS, OBLIGATIONS, AND TREATMENT
OF PERSONS OF CONCERN

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SECTION 36. General Obligations. - Recognized refugees, stateless persons, and
other POC shall comply with Philippine laws and regulations as well as with the
measures taken for the maintenance of public order.

SECTION 37. Right to Freedom of Religion. - Recognized refugees, stateless
persons, and other POC shall enjoy the right to freedom of religion and its free
exercise in the same manner as Filipino citizens.

SECTION 38. Right to Identity and Travel Documents. - Recognized refugees,
stateless persons, and other POC shall be issued identity papers and travel
documents for the purpose of travelling outside their territory, unless compelling
reasons of national security or public order dictate otherwise. They shall also be
given consideration for the issuance of travel documents if they are unable to obtain
such documents from their country of lawful residence.

SECTION 39. Refugee and Stateless Seafarers. - Recognized refugees and
stateless persons regularly traveling as crew members on board
Philippine-registered vessels shall be given access to Refugee and Stateless
Determination Procedures.

SECTION 40. Movable Property. ~ Recognized refugees and stateless persons
shall have the right to acquire movable property and other rights pertaining thereto,
including leases and other contracts conceming movable property, in the same
manner as foreign nationals.

SECTION 41. Intellectual Property. - Recognized refugees and stateless persons
shall have the same right as Filipino citizens with respect to intellectual property,
including inventions, designs, models, trademarks, trade names, and rights in
literary, artistic, and scientific works.

SECTION 42, Right to Association. - Regarding non-political and non-profit

associations and trade unions, recognized refugees and stateless persons shall be
accorded the same treatment as foreign nationals.

Page 20 of 26


SECTION 43. Access to Courts and Legal Assistance. - Recognized refugees,
stateless persons, and other POC shall have the same rights as Filipino citizens with
respect to access to the justice system, including access to courts, legal assistance,
counselling, and representation through the Public Attorney's Office. They shall also
benefit from indigency standards that will entitle them to exemption from the payment
of filing, docket, and other similar fees subject to applicable laws, rules, and
regulations.

SECTION 44. Public Relief. — Recognized refugees and stateless persons shall be
entitled to the same right as Filipino citizens with public relief and assistance,
including but not limited to inclusion in social welfare, health, subsistence, and
‘emergency response and recovery programs.

SECTION 45. Gainful and Decent Employment. - Recognized refugees and
stateless persons shall be exempt from securing an Alien Employment Permit (AEP)
for engaging in wage-earning and self-employment activities; Provided, however,
that a special work permit may be issued by the Bureau while their application for
refugee or stateless status determination is pending.

For the exercise of professions, the citizenship requirement for taking national board
examinations regulated by the Professional Regulation Commission is waived for
recognized refugees and stateless persons upon compliance with appropriate
requirements.

Recognized refugees and stateless persons are also exempt from securing
authorization from the Secretary of Justice for participating in an industry as provided
in Commonwealth Act No. 108, otherwise known as the Anti-Dummy Law, as
amended,

SECTION 46. Housing. — Recognized refugees and stateless persons shall have
the same rights to housing as foreign nationals generally in the same circumstances.

SECTION 47. Public Education and Recognition of Prior Learning. —
Recognized refugees and stateless persons shall have the same right to basic and

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secondary education as Filipino citizens. They shall be accorded the same rights as
foreign nationals with respect to secondary and tertiary education, including access
to studies, the recognition of foreign school certificates, diplomas and degrees, the
remission of fees and charges, and the award of scholarships.

SECTION 48. Labor Legislation and Social Security. — Recognized refugees and
stateless persons shall be accorded the same treatment as Filipino nationals with
respect to labor standards and social security under the Labor Code and other
applicable Philippine social security legislations, subject to conditions prescribed
therein.

The right to compensation for the death of a refugee or a stateless person resulting
from employment injury or from occupational disease shall not be affected
notwithstanding the residence of the beneficiary outside Philippine territory.

SECTION 49. Freedom of Movement. - Recognized refugees and stateless
persons shall have the right to choose their place of residence and to move freely
within Philippine borders, subject to regulations generally applicable to foreign
nationals.

SECTION 50. Fiscal Charges. ~ Recognized refugees and stateless persons shall
be entitled to the same treatment as Filipino citizens with respect to duties, charges,
or taxes, except for fees or charges related to the issuance of administrative
documents and identity papers issued to foreign nationals.

SECTION 51. Administrative Assistance. - The RSPPO, DFA, Bureau, Philippine
Statistics Authority, and other relevant agencies shall assist refugees or stateless
persons in exercising rights that would normally require the action of authorities of a
foreign country to which they cannot have recourse. Assistance may include:

1. Delivery or causing the delivery to refugees or stateless persons of such

documents or certifications as would normally be delivered to foreign
nationals by or through their national authorities;

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2. In lieu of official instruments and in the absence of proof to the contrary, giving
credence to such delivered documents or certifications; and

3. Charging moderate fees for these services, subject to exceptional treatment
for indigent persons, but such fees shall be reasonable and comparable to
those charged to foreign nationals for similar services.

Under no circumstance shall an Applicant be asked to approach authorities in their
country of origin to obtain documents or take other steps that would place their
remaining family members or associates in the country of origin at risk.

SECTION 52. Naturalization. — The State shall, as far as practicable, facilitate the
integration and naturalization of recognized refugees and stateless persons. It shall
endeavor to expedite both administrative and judicial naturalization proceedings and
to minimize the charges and costs of such proceedings.

Chapter 7
MISCELLANEOUS PROVISIONS

SECTION 53. Monitoring of Human Rights Situation of POC. - The Commission
on Human Rights (CHR) shall monitor the human rights situation of POC in exercise
of its Constitutional mandate.

SECTION 54. Data Protection. - The information provided by an Applicant under
this Act and in other information management activities shall be confidential. The
information collected may be used to make a determination of the veracity of the
factual statements in the Application and other legitimate purposes in line with the
provision of protection and durable solutions for and with persons of concem (POC).
The RSPPO shall ensure that the processing of personal information is compliant
with the requirements of Republic Act No. 10173, otherwise known as the Data
Privacy Act of 2012 and other laws, rules, and regulations allowing disclosure of
information to specific agencies and adherence to the principles of transparency,
legitimate purpose, and proportionality.

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SECTION 55. Data Sharing with Other Agencies. - Where effective cooperation
between RSPPO and its partners, including other government agencies and
non-government organizations, requires the exchange of personal data of refugees,
asylum seekers, and Applicants, such exchange shall be governed by the provisions
of Republic Act No. 10173, otherwise known as the Data Privacy Act of 2012, and by
the respective Data Sharing Agreements, where applicable. The sharing of
information with UNHCR shall be governed by the related provisions in the
Conventions and other applicable international instruments.

SECTION 56. Local Integration. - Local government units (LGUs) shall determine
avenues to support and integrate POC within their communities through the conduct
of information and awareness campaigns and provide the necessary programs and
services to facilitate such integration into local development frameworks, including
development programming and emergency response and recovery frameworks.

SECTION 57. Engagement with Non-government Entities. - The RSPPO may
engage with civil society organizations, non-government organizations, the private
sector, the academe, communities of POC, faith-based organizations, relevant
people's organizations, and UN agencies to ensure collaborative implementation of
this Act and to broaden the support network available to refugees, stateless persons,
and Applicants.

SECTION 58. Applicants who may also be Victims - The principles governing the
treatment of Applicants who may also be victims, such as, but not limited to survivors
of trafficking, shall be considered to ensure that protection is available for both
circumstances under existing laws, rules, and regulations.

SECTION 59. Complementary Protection Mechanism. — Notwithstanding the
primacy of the Refugee and Stateless Status Determination Procedure under this
Act, a fair, just, and speedy complementary protection mechanism shall be
established to ensure the protection of individuals who are not POC and who may be
at risk of torture or other cruel, inhumane, and degrading treatment or punishment in
another State pursuant to Section 17 of Republic Act No. 9745, otherwise known as
the Anti-Torture Act of 2009, and the Convention against Torture and Other Cruel,

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Inhuman or Degrading Treatment or Punishment. The procedure for the
complementary protection mechanism shall be guided by the implementing rules and
regulations of this Act.

SECTION 60. Transition Period. - Except for the designated personnel of the
Department of Justice - Refugees and Stateless Persons Protection Unit
(DOJ-RSPPU), the functions, duties, and transactions of the RSPPU shall be
transferred to the RSPPO within six (6) months from the effectivity of this Act during
which the RSPPU shall continue to function in holdover capacities until appointments
of RSPPO personnel are issued.

Accordingly, all applications for recognition of refugees and stateless persons and
cases pending with the RSPPU upon the effectivity of this Act and filed during the
transition period shall continue to be acted upon by the RSPPU.

SECTION 61. Appropriations. - The amount necessary to carry out the provisions
of this Act shall be included in the General Appropriations Act of the year following
the enactment hereof and every year thereafter.

SECTION 62. Implementing Rules and Regulations. - Within ninety (90) days after
the effectivity of this Act, the DOJ in consultation with the Bureau, Department of
Social Welfare and Development, DFA, Department of Education, Department of
Labor and Employment, Department of Health, Department of Human Settlements
and Urban Development, Department of Trade and Industry, Department of the
Interior and Local Government, Department of Transportation, PSA, Commission on
Higher Education, Technical Education and Skills Development Authority, Civil
Aviation Authority of the Philippines, Manila International Airport Authority, National
Housing Authority, Bureau of Immigration, Public Attorney's Office, Professional
Regulation Commission, Philippine Charity Sweepstakes Office, Philippine Health
Insurance Cooperation, Commission on Human Rights together with civil society
organizations, non-government organizations, the private sector, the academe, POC,
faith-based organizations and relevant people's organizations, and UN agencies
shall prepare and issue the Implementing Rules and Regulations (IRR).

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The IRR shall take effect fifteen (15) days following its complete publication in two
(2) newspapers of general circulation,

SECTION 63. Repealing Clause. - All laws, decrees, executive orders, rules, and
regulations, which are inconsistent with the provisions of this Act are hereby
repealed, amended or modified accordingly.

SECTION 64. Separability Clause. - If for any reason, any portion or provision of
this Act shall be held unconstitutional or invalid, all other parts or provisions not

affected shall continue to remain in full force and effect.

SECTION 65. Effectivity.- This Act shall take effect fifteen (15) days after its
Publication in the Official Gazette or in a newspaper of general circulation.

Approved.

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