Republika ng Pilipinas

KAGAWARAN NG KATARUNGAN
Department of Justice
Manila

s'
oEPARrweNr cRcuL, )?
STRENGTHENING THE REFUGEES AND STATELESS PERSONS
PROTECTION UNIT, ENHANCING THE RULES FOR REFUGEE AND
STATE LESS STATUS DETERMINATION, AND FOR OTHER PURPOSES

Whereas, the Republic of the Philippines is a State Party to the 1951

United Nations Convention Relating to the Status of Refugees, its 1967
Protocol Relating to the Status of Refugees (1967 Protocol), 1954 United
Nations Convention Relating to the Status of Stateless Persons, and the 1961
Convention on the Reduction of Statelessness (1961 U.N. Convention). As
such, the Philippines is under a legal obligation to comply in good faith with all
the provisions of the Conventions and other relevant international instruments
to which the Philippines is a State Party to;

Whereas, Section 2, Article II of the 1987 Constitution provides, in part,

that the Philippines adopts the generally accepted principles of international law
as part of the law of the land;

Whereas, Section 47(b) of Commonwealth Act (C.A.) No. 613, as

amended, otherwise known as "The Philippine Immigration Act of 1940",
provides that the President is authorized, "for humanitarian reasons, and when
not opposed to the public interest, to admit aliens who are refugees for religious,
political, or racial reasons" in such classes of cases and under such conditions
as he or she may prescribe;

Whereas, Section 13 of C.A. No. 613 allows the admission of persons

"without nationality" as immigrants;

Whereas, Presidential Decree (P.O.) No. 830, as implemented under

Item No. 5 of Letter of Implementation No. 4 7 dated 18 August 1976, and
Administrative Order No. 142, s. 1994, transferred to the Secretary of Justice,
or his or her authorized representative, all actions on immigration matters,
including the waiver of visas and admission of aliens;

Whereas, under Section 7, Chapter 2, Title Ill, Book IV of the

Administrative Code of 1987, the Legal Staff of the Department of Justice (DOJ)
may perform such functions as may be assigned by the Secretary of Justice;

Whereas, the DOJ issued Department Circular (DC) No. 58, s. 2012,
which established the Refugee and Stateless Status Determination Procedure
and created the Refugees and Stale less' Persons Protection Unit (RSPPU)
under the DOJ to ensure protection to Persons of Concern (POC);

Whereas, the RSPPU, together with other relevant government

agencies, have entered into and executed an Inter-Agency Agreement on the
Protection of Asylum Seekers, Refugees, and Stateless Persons in the
Philippines, which aims to institutionalize and strengthen the mechanisms in
providing for the necessary assistance and appropriate services to POC;

Whereas, while the RSPPU is mandated to provide protection to POC, it

would entail the participation and support of relevant government agencies to
ensure that POC have access to rights and services, consistent with the
provisions of Executive Order No. 163, s. 2022, which institutionalizes access
to protection services for refugees, stateless persons, and asylum seekers;

Whereas, it is essential to strengthen the procedure to determine the

eligibility and protection of refugees and stateless persons consistent with the
aforementioned laws, rules, regulations and Conventions, as well as other
relevant international instruments, to ensure that POC are provided protection
and assistance in the Philippines;

WHEREFORE, in consideration of the foregoing, the following provisions

are hereby adopted:

RULE I. PRELIMINARY PROVISIONS

SECTION 1. Definition of Terms. - As used in this Circular, the following

terms are hereby defined:

a. "1951 U.N. Convention" refers to the 1951 United Nations

Convention relating to the Status of Refugees;

b. "1954 UN. Convention" refers to the 1954 United Nations

Convention relating to the Status of Stateless Persons;

c. "Applicant" refers to a person who has submitted the Application,

including his or her accompanying and applying Family Members, or
in the case of a child or incapacitated person, the person on whose
behalf the application was submitted;

d. "Application" refers to the formal written claim to refugee or stateless

status, as the case may be, which initiates the status determination
procedure;

e. "Asylum Seeker" refers to a person who is seeking international

protection and whose claim has not been finally decided upon.
f. "Bureau" refers to the Bureau of Immigration;

g. "Child" refers to a person below eighteen (18) years of age or over

but is unable to fully take care of, or protect himself or herself from

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 abuse, neglect, cruelty, exploitation, persecution, or discrimination
because of a physical, health, or mental disability or condition;

h. "Commissioner'' refers to the Commissioner of the Bureau;

i. "Conventions" refers to the 1951 U.N. Convention, including its 1967

Protocol, and the 1954 and 1961 U.N. Conventions;

j. "Country of Origin" refers: (i) to the country to which an Asylum

Seeker is a national or citizen; (ii) to the country of the Asylum
Seeker's former habitual residence, if not having a nationality; or (iii)
to the country to which a stateless status Applicant is a habitual
resident.

k. "Electronic means" refers to the use of electronic mail, or other

electronic means of transmission as may be allowed by the RSPPU;

I. "Exclusion Order" refers to the Order issued by the Bureau or

Commissioner excluding an alien from entry into the Philippines on
grounds provided for under the Philippine Immigration Act of 1940,
as amended;

m. "Family Members" refer to the legal spouse and/or child of the

Applicant;

n. "Persons of Concern (POC)" refer to those whose protection and

needs are of concern to the State under the Conventions. They
include, but are not limited to, asylum seekers, refugees, stateless
applicants, and stateless persons;

o. "Protection Officer" refers to a member of the RSPPU who evaluates

the claim of the Applicant to refugee or stateless status and his or her
eligibility for protection;

p. "Refugee" refers to 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
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;

q. "Secretary" refers to the Secretary of the DOJ; and

r. "Stateless Person" refers to a person who is not considered a

national by any State under the operation of its law.

SECTION 2. Objectives. - This circular establishes a fair, efficient and

non-adversarial procedure to facilitate identification, registration, issuance of

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 documentation, status determination, treatment, protection and assistance in
finding durable solutions for refugees and stateless persons, including local
integration in the Philippines, and to institutionalize the mechanisms in
providing appropriate assistance and services to POC consistent with the laws,
international commitments and humanitarian traditions and concerns of the
Philippines.

SECTION 3. Basic Principles. - This refugee and stateless status

determination procedure shall be governed by the following basic principles:

a. Non-refoulement is a core principle of the 1951 U. N. Convention, that

prohibits States from returning refugees and asylum seekers in any
manner whatsoever to countries or territories in which their lives or
freedom may be threatened. The principle of non-refoulement,
pursuant to customary international law, may also apply to other
individuals whose lives or freedom may be threatened;

b. Non-detention on account of being an Applicant, a refugee, or a

stateless person;

c. Non-deprivation of refugee or stateless status, and non-

discrimination in the application of the Conventions, including on
account of race, religion, political opinion, or Country of Origin or
habitual residence;

d. An Applicant for refugee and/or stateless status shall not be

penalized on account of illegal entry or presence in the country,
provided he or she presents himself or herself without delay to the
authorities and/or shows good cause for his or her illegal entry or
presence; and

e. Preservation and promotion of family unity.

SECTION 4. Obligation of Persons of Concern. - POC have the

obligation to abide by the laws, rules and regulations of the Philippines, as well
as measures for the maintenance of public order and national security.

SECTION 5. Rights of Persons of Concern. -As may be provided under

existing laws, rules, and regulations, POC enjoy several rights, including:

a. Access to socio-economic services;

b. Social security benefits and labor standards;
c. Gainful employment;
d. Basic and secondary education (formal and non-formal);
e. Judicial and administrative citizenship procedures and other durable
solutions;
f. Courts and legal assistance;
g. Freedom of religion;
h. Freedom of movement;
i. Identity and travel documents; and

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 J. All other public services.

SECTION 6. Refugees and Stateless Persons Protection Unit. - The

RSPPU in the Legal Staff of the DOJ shall continue and is hereby strengthened
to facilitate identification, registration, issuance of documentation, status
determination, and protection of refugees and stateless persons under the
Conventions.

The RSPPU may assist, coordinate, and seek the assistance of

government agencies, government-owned and controlled corporations,
government financial institutions, civil society organizations, international
organizations and the United Nations High Commissioner for Refugees
(UNHCR) in order to consider and facilitate means and measures aimed at
reducing and preventing statelessness, finding durable solutions for refugees
and stateless persons, and ensuring their protection and access to the
appropriate assistance and services.

The RSPPU shall be headed by the Chief State Counsel and shall be
assisted by such number of Protection Officers, and other personnel of the DOJ
and the Bureau, as may be necessary, to enable it to effectively and efficiently
execute its mandate.

RULE II. REGULAR PROCEDURE

SECTION 1. Application. - The Application may be filed directly with the

RSPPU, or in the central office or any field office of the Bureau. In case the
Application is filed with the Bureau, the Commissioner or the head of the field
office, as the case may be, shall forward the Application to the RSPPU within
three (3) days from the date of receipt thereof. To be submitted with the
Application are Applicant's travel document, identification document, including
proof of relationship to any accompanying Family Members, and such other
documents to support the claim to refugee or stateless status, where available.

In cases where it is not feasible for the Applicant to personally go to the

RSPPU or any office of the Bureau, he or she may signify his or her intention
to apply for recognition as a refugee or stateless person by electronic means to
the RSPPU. Upon receipt of such intention, the RSPPU will communicate with
the Applicant on the most feasible way in order to assist the latter in the
completion and submission of his or her application form.

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

SECTION 2. Filing and Serice. "Filing" is the act of submitting the

Application, motion for reconsideration, and/or any supporting document/s with
the RSPPU, central or any field office of the Bureau. The Commissioner or the
head of the field office, as the case may be, shall forward the Application,
motion for reconsideration, and/or any supporting document/s to the RSPPU
within three (3) days from the date of receipt thereof.

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 "Service" is the act of providing the Applicant with a copy of any document
or paper issued by the RSPPU or the Bureau, in relation to the Application or
motion for reconsideration. If the Applicant is represented by counsel, service
upon the Applicant shall be made upon his or her counsel, unless otherwise
provided in this Circular.

SECTION 3. Manner of filing. The filing of the Application and/or other

documents or papers with the RSPPU, central or any field office of the Bureau
shall be made by:

a. Submitting personally the original thereof, plainly indicated as

such;
b. Sending them by registered mail;
c. Sending them by private courier; or,
d. Transmitting them by electronic means through official channels.

The situations under paragraphs b, c, or d apply only:

i. where personal filing of the Application is not feasible; and,

ii. only after the Applicant has informed the RSPPU, by electronic
means, of the intention to apply, and necessary instruction is
made in the filling up of the Application.

For cases under paragraphs b and c, the date of mailing shall be

considered as the date of filing. In case of paragraph d, the date of electronic
transmission shall be considered as the date of filing.

SECTION 4. Suspensive Effect of the Application. - The RSPPU shall

notify the Commissioner, in writing or by electronic means, of the receipt of the
Application, furnishing the appropriate office of the Bureau. Upon receipt of the
notice from RSPPU, any proceedings for the deportation of the Applicant and/or
his or her Family Members, shall be suspended until a final determination of
their status has been reached, regardless of the stage of the proceedings.

The Bureau shall not entertain any application or petition filed by the
Applicant for the lifting of the deportation order issued against him or her during
the pendency of the Refugee Status Determination (RSD) procedure.

The Commissioner shall inform the RSPPU within three (3) days from
receipt of the notice to suspend, and the action taken thereon.

SECTION 5. Issuance of Certificate of Pending Application. - As proof of

the Application, a Certificate of Pending Application (CPA) will be issued to the
Applicant by the RSPPU, which also serves as a documentation confirming
their identity and legal status. The Applicant is accountable for ensuring that the
CPA issued to him or her remains valid.

SECTION 6. Group-based procedures. - The RSPPU may activate

procedures for group-based recognition for large-scale situations characterized

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 by the arrival across an international border of persons in need of international
protection in such numbers and at such a rate as to render individual
determination of their claims impracticable. Group-based applications will still
undergo verification exercises and regular security vetting as part of the
process.

SECTION 7. Non-Suspension of the Stateless Status Determination

Procedure. -- In the case of an application for stateless status, this procedure
shall proceed notwithstanding the applicant seeking acquisition or reacquisition
of nationality, resettlement in another country, readmission to former country of
residence, or is subject of deportation or extradition.

SECTION 8. Priority of Refugee Status Determination. -- Where the

Application for recognition as a stateless person or in the processing thereof, a
refugee claim appears to exist, the stateless status determination shall, with the
consent of the Applicant, be suspended and the Application shall be considered
first for refugee status determination following the procedure contained in this
Circular. If the claim to refugee status is denied with finality, the stateless status
determination shall recommence automatically without the need of filing a new
Application.

SECTION 9. Interview. - The Protection Officer shall interview the

Applicant to receive evidence, oral and/or documentary, to substantiate the
claim.

As a general rule, an individual interview should be conducted in person.

However, if this cannot be done for reasons of safety and security, availability
of resources, significant costs, other obstacles relating to travel or access to the
Applicant, or public health imperatives, the interview may be conducted
remotely, through videoconference.

The interview should be conducted in an orderly, efficient, and fair

manner and with a non-adversarial approach.

SECTION 10. Decision. - A written decision on the Application shall be

rendered by the RSPPU within ninety (90) days from the date of the last
interview by the Protection Officer. The RSPPU shall notify the Applicant and
his or her counsel of the decision in writing recognizing his or her refugee or
stateless status.

In case the Application is denied, the decision shall state the reasons
supporting the same, a copy of which shall be furnished to the Applicant and
his or her counsel.

SECTION 11. Request for Reconsideration. -- In case the Application is

denied, the Applicant may file a letter-request for reconsideration or motion for
reconsideration within thirty (30) days from receipt of the decision. Only one (1)
letter-request or motion for reconsideration shall be allowed.

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 lf the Applicant is represented by counsel, said thirty (30)-day period shall
commence from date of receipt of the decision of his or her counsel.

The RSPPU shall issue a written decision or resolution on the

reconsideration within sixty (60) days from receipt of the letter or motion or from
date of last re-interview, if conducted.

RULE 111. ACCELERATED REFUGEE STATUS DETERMINATION

SECTION 1. Coverage. - The Accelerated RSD shall apply to situations

wherein the Applicant is: (i) at the airport or seaport and is the subject of an
exclusion proceedings by the Bureau; (ii) detained at a government detention
facility and is subject of deportation proceedings by the Bureau; or (iii) other
analogous circumstances as may be determined by the RSPPU wherein the
threat of refoulement is imminent.

The proceedings under this Rule shall be summary in nature.

SECTION 2. Application at the Port of Entry or Government Detention

Facility. The application at the port of entry (airport or seaport) is initiated by a
declaration of the arriving alien before the immigration officer or port personnel
that he or she intends to seek asylum in the Philippines. The Applicant or his or
her counsel may file an Application for an Accelerated RSD, personally or by
electronic means with the RSPPU, or personally with the Bureau in the port of
entry.

The Applicant, who is detained in any government detention facility, or

his or her counsel may file an Application for an Accelerated RSD, personally
or by electronic means with the RSPPU, or personally with the Office of the
Warden or the Head of the government detention facility where the Applicant is
detained.

In case the Application is filed with the Bureau in the port of entry or a
government detention facility, the Head of the Bureau in the port of entry or
Head of the government detention facility shall forward the Application, together
with documents or papers to support the claim to refugee status, personally or
by electronic means, to the RSPPU within twenty-four (24) hours from receipt
of the Application.

In case the Application and the supporting documents or papers are

initially forwarded to the RSPPU electronically, the hard copies thereof shall be
delivered within twenty-four (24) hours from the date it was initially forwarded
electronically.

SECTION 3. Suspensive Effect of the Application. - The RSPPU shall

notify the Commissioner, in writing or by electronic means, of the receipt of the
Application, furnishing the appropriate office of the Bureau. Upon receipt of the
notice from RSPPU, any proceedings for the exclusion or deportation of the
Applicant and/or his or her Family Members, shall be suspended until a final

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 determination of their status has been reached, regardless of the stage of the
proceedings.

The Bureau shall not entertain any application or petition filed by the
Applicant for the lifting of the exclusion or deportation order issued against him
or her during the pendency of the Accelerated RSD procedure.

The Commissioner shall inform the RSPPU within three (3) days from
receipt of the notice of the action taken thereon.

SECTION 4. Issuance of Certificate of Pending Application. - As proof of

the Application, a CPA, as appropriate, may be issued to the Applicant by the
RSPPU, which also serves as a documentation confirming their identity and
legal status.

SECTION 5. Interview. - The Protection Officer shall interview the

Applicant, either in person or virtually, within three (3) working days from receipt
of the Application in order to receive evidence to substantiate his or her claim.

SECTION 6. Decision. - A written decision on the Application shall be

rendered by the RSPPU within five (5) working days from the date of the
interview.

The RSPPU shall notify in writing the Applicant and his or her counsel
and the Bureau of the decision recognizing the Applicant's refugee status.
Thereafter, the Bureau shall immediately lift the Exclusion Order and furnish
the RSPPU with a copy of such Order lifting the Exclusion.

In case the Application is denied, the decision shall state the reasons
supporting the same, a copy of which shall be furnished to the Applicant and
his or her counsel.

If the Application is denied with finality, the Exclusion Order, if any,

previously suspended shall be implemented and the Applicant and/or his or her
Family Members shall be turned over to the airline or vessel. Any immigration
proceeding that has been suspended may be reactivated.

SECTION 7. Request for Reconsideration in Applications Filed in Port of

Entry. -
In case the Application is denied, the Applicant may file a letter-request
or motion for reconsideration from the decision denying the Application,
personally or by electronic means with the RSPPU, or personally with the
Bureau in the port of entry, within three (3) days from receipt thereof, upon any
meritorious circumstances, such as but not limited to, newly-discovered
evidence, mistake, accident, and excusable negligence. Only one (1) letter-
request or motion for reconsideration shall be allowed.

If the Applicant is represented by counsel, the three (3)-day period to

request for reconsideration shall commence from date of receipt of the decision
of his or her counsel.

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 The RSPPU shall issue a written decision or resolution on the letter-
request or motion within five (5) working days from receipt thereof.

SECTION 8. Request for Reconsideration in Applications filed at

Government Detention Facilities. - In case the Application is denied, the
Applicant may file a letter-request or motion for reconsideration from the
decision denying the Application, personally or by electronic means with the
RSPPU, or personally with the Office of the Warden or the Head of the
government detention facility, within five (5) days from receipt thereof, upon any
meritorious circumstances, such as but not limited to, newly-discovered
evidence, mistake, accident, and excusable negligence. Only one (1) letter-
request or motion for reconsideration shall be allowed.

If the Applicant is represented by counsel, the five (5)-day period to

request for reconsideration shall commence from date of receipt of the decision
of his or her counsel.

The RSPPU shall issue a written decision or resolution on the letter-

request or motion within fifteen (15) working days from receipt thereof.

SECTION 9. Executory Nature of the Decision in Accelerated RSD filed

in the Port of Entry. - The Decision denying an application for refugee status
or a request for reconsideration, if one is filed, is final and executory. Any
immigration-related proceedings that have been suspended may be
reactivated.

RULE IV. PROVISIONS COMMON TO REGULAR AND ACCELERATED

STATUS DETERMINATION

SECTION 1. Delegation of Authority. - Unless otherwise ordered in

writing by the Secretary of Justice, the Chief State Counsel, as RSPPU Head,
may sign decisions, resolutions, or orders which recognize or deny an
Application for refugee or stateless status, including Release Orders for
Applicants detained in the Bureau, removal of the name of the refugee or
stateless person in the derogatory record of the Bureau, and such other
documents to ensure the protection of POC.

SECTION 2. Release from Detention for an Immigration-related

Violation. - An Applicant, together with any family member included in the
application, detained for an immigration-related violation, may be released from
custody upon the order of the Secretary or his or her duly authorized
representative, subject to the conditions that he or she may impose.

The Secretary or his or her duly authorized representative, in the

exercise of the power to release an applicant from detention, may take into
consideration the applicant's special needs and/or circumstances, such as but
not limited to when the applicant is a victim of trauma or torture, child, woman,
victim of or potential victim of trafficking, person with disability or mental health
condition, elderly or LGBTI (lesbian, gay, bisexual, transgender or intersex).

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 The Commissioner shall implement the order of release, informing the
RSPPU of the action taken thereon.

SECTION 3. Burden of Proof. - The burden of proof in a claim to refugee

or stateless status, in principle, rests on the Applicant. However, the duty to
ascertain and evaluate all the relevant facts is a shared and collaborative
burden between the Applicant and the Protection Officer.

The Applicant has an obligation to provide, as accurate and full, an

account of his or her claim as is reasonably possible and provide any relevant
evidence in support of his or her claim, as may be reasonably available and
possible to provide.

The Protection Officer shares the duty to ascertain and evaluate all the
relevant facts of the case.

The finding that the Applicant is a refugee is warranted where he or she

has met the definition of the refugee under this Circular.

The finding that the Applicant is stateless is warranted where it is

established to a reasonable degree that he or she is not considered a national
by any State under the operation of its laws. This involves the examination of
the nationality laws of the country with which the Applicant has a relevant link
(by birth, descent, marriage, adoption or habitual residence).

SECTION 4. 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;
b. To be informed and have access to the procedure;
c. To the extent possible, to have his or her 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; and
f. To have protection from any forcible return in any manner
whatsoever, to a country where he or she may face persecution
on account of his or her race, religion, nationality, membership of
a particular social group or political opinion.

SECTION 5. Effects of Recognition. - The RSPPU shall notify the

Commissioner of the recognition of the Applicant as a refugee or stateless
person, as the case may be.

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 The recognition of the principal Applicant and its benefits may inure,
upon Application and as appropriate, to his or her Family Members who are
present in the Philippines.

Refugees and stateless persons have the right to residence. They are
entitled to the appropriate visas, free from payment of immigration and alien
registration fees and penalties, and such other immigration documents
appurtenant thereto as may be provided by immigration laws, rules, and
regulations. No renewal of visa shall be allowed by the Bureau without the
endorsement of the RSPPU.

Refugees and stateless persons may enjoy and exercise such rights and
privileges accorded by the Conventions subject to Philippine laws, rules, and
regulations.

SECTION 6. Finality of the Decision. - Unless otherwise provided in this

Circular, the decision is deemed final where the Applicant did not request for
reconsideration of the decision under Section 11, Rule II or Sections 7 and 8,
Rule Ill, or seek administrative appeal under Section 1, Rule V of this Circular.
Thereafter, Section 5, Rule IV or Section 7, Rule IV of this Circular, as the case
may be, shall apply.

SECTION 7. Effects of Finality of Decision Denying Recognition. - The

RSPPU shall inform the Bureau of the finality of the denial of 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 he or she holds another immigration status or the Commissioner has
authorized his or her continued stay.

Any immigration proceeding that has been suspended pursuant to

Section 4, Rule II or Section 3, Rule Ill hereof may be reactivated.

SECTION 8. Termination of the Status Determination Procedure. - The

status determination procedure shall be terminated for any of the following
grounds:

a. Withdrawal of the Application by the Applicant, whether in writing

or by electronic means;

b. Abandonment of the Application. The following are considered

abandonment of application:

1. Failure of the Applicant to appear for his or her scheduled

interview for two (2) consecutive times without any justifiable
reason;
2. Departure from the Philippines without prior communication
with the RSPPU of said departure;
3. Failure to renew his or her CPA without reasonable cause for
a period of three (3) months from date of expiry;

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 4. Applicant cannot be contacted by any means, for at least three
(3) consecutive times on different dates within a period of one
(1) month, through the contact information he or she has
provided in his or her Application; or,
5. Any other circumstance which would show the lack of interest
of the Applicant to pursue his or her Application.

c. Death of the Applicant. The death, however, of the principal

Applicant shall not affect the Application of the accompanying
Family Members who are included in the Application.

In cases where the Application was terminated due to withdrawal or

abandonment by the Applicant and he or she wishes to continue with the
Application, he or she will be required to fill up a new application form.

RULE V. APPEAL

SECTION 1. Administrative Appeal to the Office of the President. - A

decision or resolution of the RSPPU denying an Application or a letter-request
or motion for reconsideration under the Rules on Regular Procedure or the
Rules on Accelerated RSD filed before government detention facilities, may be
appealed to the Office of the President (O.P.) under the principle of exhaustion
of administrative remedies, and in accordance with rules and regulations
governing appeals to the O.P.

RULE VI. EXCLUSION

SECTION 1. Persons Excluded from the 1951 U.N. Convention and the
1954 U.N. Convention (ExcludedApplication). - The 1951 U.N. Convention and
the 1954 U. N. Convention do not apply to persons:

a. Who are at present receiving from organs or agencies of the

United Nations other than the UNHCR protection or assistance so
long as they are receiving such protection or assistance;

b. Who are 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; or

c. If there are serious reasons for considering that the person:

1. Has committed a crime against peace, a war crime, or a crime

against humanity, as defined in the international instruments
drawn up to make provisions in respect of such crimes;

2. Has committed a serious non-political crime outside of the

Philippines prior to his or her admission to the Philippines; or,

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 3. Has been found guilty of acts contrary to the purposes and
principles of the United Nations.

RULE VII. CANCELLATION, REVOCATION, AND CESSATION

OF REFUGEE AND STATELESS STATUS

SECTION 1. Cancellation of Refugee or Stateless Status. - The refugee

or stateless status shall be cancelled if the recognition was granted erroneously
as a result of:

a. 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 of the Applicant (such as threats or bribery) being the

motivating reason for the recognition of refugee or stateless
status.

SECTION 2. Revocation of Refugee Status. - The refugee status shall

be revoked where, following recognition, the refugee engages in conduct
coming within the scope of Section 1(c)(1 ), Rule VI or Section 1 (c)(3), Rule VI,
in that there are serious reasons for considering that he or she has:

a. Committed a crime against peace, a war crime, or a crime against

humanity, as defined in the international instruments drawn up to
make provisions in respect of such crimes; or,

b. Been found guilty of acts contrary to the purposes and principles

of the United Nations.

SECTION 3. Revocation of Stateless Status. - The stateless status shall

be revoked if there are serious reasons to believe that, after recognition, the
stateless person engages in conduct that would bring him or her within the
exclusion grounds under Rule VI of this Circular.

SECTION 4. Cessation of Refugee Status. - Refugee status shall cease

if a 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;

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 c. Acquired a new nationality and enjoys the protection of the
country of his or her new nationality;

d. Voluntarily re-established himself or herself in the country he or

she left, or outside which he or she remained owing to fear of
persecution;

e. Enjoys protection from the country of his or her nationality,

because the circumstances in connection with which he or she
was recognised as a refugee have ceased to exist; Provided, that
this paragraph shall not apply to a refugee who is able to invoke
compelling reasons arising out of previous persecution for
refusing to avail himself or herself of the protection of the country
of his or her nationality; or,

f. Not having a nationality, is able to return to his or her country of

former habitual residence because the circumstances in
connection with which he or she was recognised as a refugee
have ceased to exist; Provided, that this paragraph shall not apply
to a refugee who is able to invoke compelling reasons arising out
of previous persecution for refusing to avail himself or herself of
the protection of the country of his or her former habitual
residence.

SECTION 5. Cessation of Stateless Status. - The stateless status shall

cease to apply if the stateless person has otherwise obtained a nationality or
has reacquired his or her former nationality.

SECTION 6. Re-instatement of Stateless Status Determination

Procedure. - If 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 4, Rule VII of this Circular, and the Application includes a claim to
stateless status which has been suspended under Section 8, Rule II of this
Circular, the procedure to determine stateless status shall then proceed.

SECTION 7. Application for Cancellation, Revocation or Cessation. - A

refugee or stateless person may apply, personally or by electronic means, with
the RSPPU for the cancellation, revocation or cessation of his or her own
refugee or stateless status, providing justification and necessary documents, if
any, in support of the application.

SECTION 8. Motu proprio re-examination or re-assessment of refugee

or stateless status. - The RSPPU 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 9. Decision in cases of Cancellation, Revocation or

Cessation.- The refugee or stateless status of a person shall not be cancelled,

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revoked, or ceased unless pursuant to a Decision rendered by the RSPPU, and
after observance of due process of law.

A written decision shall be rendered by the RSPPU within ninety (90)

days: (i) from receipt of the application or further justification, if necessary, for
cancellation, revocation or cessation of refugee or stateless status from the
refugee or stateless person; or (ii) from the submission by the refugee or
stateless person of his or her explanation on why his or her status shall not be
cancelled, revoked, or ceased, or upon the lapse of the period given to the
refugee or stateless person to submit his or her explanation, which shall not be
less than fifteen (15) days. An interview with the refugee or stateless person
may be conducted, when necessary.

The RSPPU shall notify the refugee or stateless person and his or her
counsel, of the decision in writing, stating the reasons in support thereof.

SECTION 10. Request for Reconsideration and Appeal. - A refugee or

stateless person may seek reconsideration of the decision as provided in this
Section. He or she may file a letter-request for reconsideration or motion for
reconsideration within thirty (30) days from receipt of the decision. Only one (1)
letter-request or motion for reconsideration shall be allowed. If he or she is
represented by counsel, said thirty (30) day-period to request for
reconsideration shall commence from date of receipt of his or her counsel.

The RSPPU shall issue a written resolution on the reconsideration within

sixty (60) days from receipt of the letter or motion.

The refugee or stateless person may appeal to the O.P. the decision
rendered pursuant to Sections 7 or 8 of this Rule within the period prescribed
under the rules and regulations governing appeals to the O.P.

SECTION 11. Effects of Finality of Decision. - The RSPPU shall inform

the Bureau of the finality of the decision on the cancellation, revocation, or
cessation of refugee or stateless status. Said decision converts the case into
an immigration matter. The former refugee or stateless person shall be afforded
sufficient time to leave the country unless he or she holds another immigration
status or the Commissioner has authorized his or her continued stay.

RULE VIII. REMOVAL

SECTION 1. Removal of a Refugee or a Stateless Person. - A refugee

or a stateless person may be removed from Philippine territory:

a. Where he or she has been convicted with finality of a particularly

serious offense and is considered a danger to the community after
having served his or her sentence; or

b. In respect of whom there are reasonable grounds for regarding

him or her as a danger to the security of the country.

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 The removal shall only be pursuant to a decision reached in accordance
with due process of law. The RSPPU shall notify the refugee or stateless person
and his or her counsel, of its decision in writing, stating the reasons in support
thereof. Except where compelling reasons of national security require, the
refugee or stateless person shall be allowed to: (i) submit evidence to clear
himself or herself; and (ii) file a letter-request or motion for reconsideration
within fifteen (15) days from receipt of the decision, or appeal the decision to
the O.P. in accordance with rules and regulations governing appeals to the O.P.

Only one (1) letter-request or motion for reconsideration shall be

allowed. If the refugee or stateless person is represented by counsel, said
fifteen (15) day-period to request for reconsideration shall commence from date
of receipt of his or her counsel.

The refugee or stateless person subject of removal shall be allowed a

reasonable period within which to seek admission into another country.

RULE IX. MISCELLANEOUS PROVISIONS

SECTION 1. Non-discrimination. - The refugee and stateless status

determination procedure shall be applied in a non-discriminatory manner and
in the most favorable sense for applicants, taking into consideration, among
others, their age, gender, disability, and diversity.

SECTION 2. Best Interests of the Child. - The best interests of the child
shall be the primary consideration in all actions concerning children, including
those who are unaccompanied and separated.

SECTION 3. Unaccompanied Child Applicants.- The RSPPU shall

ensure that unaccompanied children are referred to the appropriate
government agencies and/or non-government organizations for their care,
welfare, and access to legal services including the filing of the appropriate
Application.

SECTION 4. Protection Needs. - Subject to applicable laws, rules, and

regulations, the protection needs of the POC shall be identified and referred to
the appropriate government agency, civil society organizations or UNHCR for
immediate attention. Protection, as used in this Circular, includes all activities
aimed at ensuring full respect for the rights of the individual in accordance with
the letter and the spirit of the relevant bodies of law (i.e. human rights law,
humanitarian law, and refugee and statelessness law).

SECTION 5. Periods. - The periods provided in rendering a Decision or

Resolution under this Circular shall be observed, unless there are reasonable
grounds for an extended period.

SECTION 6. Other Duties of the Protection Officer. - In no case shall

there be contact with the authorities of a foreign State where there is a claim of
persecution. The RSPPU should generally not share any personal data or other

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information with the authorities of the Country of Origin by which individual
asylum-seekers or refugees, or their family members, could be identified.

Where an Applicant makes both a refugee and a statelessness claim,

his or her identity or other personal data should not be disclosed to the
authorities of the Country of Origin for the purposes of determining the
statelessness claim.

Where contact with or communication of personal data of POC to the

authorities of the Country of Origin is appropriate, either directly or through the
Department of Foreign Affairs, UNHCR or other appropriate authorities, the free
and informed consent of the POC is generally required.

The Protection Officer shall facilitate the translation of the decision,

resolution and other documents where necessary. Further, he or she shall
ensure that the right of a child Applicant to be heard, where such child has the
capacity to form or express views and opinions, shall be respected.

SECTION 7. Security Clearance. - Prior to the issuance of a decision

recognizing a refugee or stateless status by the RSPPU, it will indorse the
relevant personal information of the Applicant to the appropriate security
agency of the government for vetting of any derogatory information which may
affect his or her application.

In the vetting of applications for refugee or stateless status, the principles

under relevant international human rights law shall be considered.

SECTION 8. Coordination with the UNHCR. - The RSPPU may seek the
good offices of the UNHCR for its expertise, technical guidance and assistance.
It shall advise the UNHCR of any action on the Application and any measures
pursued by the Philippine Government toward ensuring the implementation and
compliance with the Conventions.

SECTION 9. Data Protection of POC. - The information provided by an

Applicant under this Circular 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 the POC. The RSPPU ensures 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 the specific agencies and
adherence to the principles of transparency, legitimate purpose and
proportionality.

SECTION 10. Data Sharing with Other Agencies. - Where the effective
cooperation between RSPPU and its partners, including other government
agencies and organizations from the private sector requires the exchange of
personal data of POC, such exchange shall be governed by the provisions of
the Data Privacy Act of 2012 and the respective Data Sharing Agreements,

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where the latter exists. The sharing of information with UNHCR is governed by
the related provisions in the Conventions and other relevant international
instruments.

SECTION 11. Applicants who may a/so be victims of trafficking. - The

principles governing treatment of asylum and stateless Applicants who may
also be victims of trafficking will be considered to ensure that protection is
available for both circumstances.

SECTION 12. Gratis services. - The status determination procedures

within the RSPPU, from filing up to the finality of the decision, and including the
issuance of endorsements, and other protection services, are free of charge.

SECTION 13. Notification to the Persons of Concern. - For POC

represented by counsel, notification to the counsel is deemed notification to the
POC.

RULE X. TRANSITORY PROVISION

SECTION 1. Applicability to Pending Cases. - This Circular shall

likewise apply to all cases which are pending with the RSPPU.

RULE XI. REPEALING CLAUSE AND EFFECTIVITY

SECTION 1. Repealing Clause. - DC No. 58, s. 2012 is hereby repealed.

All other circulars, orders, rules and regulations and issuances or part thereof,
which are inconsistent with this Circular, are hereby repealed or modified
accordingly.

SECTION 2. Separability Clause. - If for any reason or reasons, any

portion or provision of this Circular shall be held unconstitutional or invalid, all
other parts or provisions not affected thereby shall continue to remain in full
force and effect.

SECTION 3. Effectivity. - This Circular shall take effect after fifteen ( 15)
days from the date of publication in a newspaper of general circulation, and
after copies thereof have been furnished to the Office of the National
Administrative Registrar (ONAR), U.P. Law Center, University of the
Philippines, Diliman, Quezon City.

Issued this JUN 2 8 2022 in the City of Manila.

~
MENARDO I. GUEVARRA
Secretary
Department of Justice
CN: 0202206382

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