Case Digest (G.R. No. 249387) Core Legal Reasoning Model
Facts:
The case involves petitioner Rehman Sabir, a Pakistani national and Christian, who sought recognition as a refugee under the 1951 United Nations Convention Relating to the Status of Refugees (1951 Convention) and its 1967 Protocol. Born in Lahore, Pakistan in 1994, Sabir claimed religious persecution shortly after his father converted to Islam and married a Muslim woman. Sabir alleged that his stepmother’s brother, a respected Muslim preacher (“Mulana”), aggressively pressured him to convert to Islam. An incident occurred after Christmas 2016 where Sabir was forced to accept the Quran, which he refused, accidentally dropping it. This was perceived as blasphemy, a serious offense in Pakistan with potential death penalty under Section 295-C of the criminal law. Fearing for his life, Sabir fled, aided by an NGO, arriving in the Philippines in February 2017 where he applied for refugee status.
The Department of Justice-Refugees and Stateless Persons Protection Unit (DOJ-RSPPU) deni
...
Case Digest (G.R. No. 249387) Expanded Legal Reasoning Model
Facts:
- Background of the Case
- Petitioner Rehman Sabir, a Pakistani national born to a Christian family in Lahore, Pakistan, sought recognition as a refugee under the 1951 Convention Relating to the Status of Refugees (1951 Refugee Convention) through the Department of Justice - Refugees and Stateless Persons Protection Unit (DOJ-RSPPU) in the Philippines.
- Petitioner claimed religious persecution due to his Christianity and refusal to convert to Islam after his father and stepmother converted/married Muslims.
- The petitioner recounted forced attempts by his stepmother’s brother, a maulana or preacher, to compel him to read the Quran. After refusing and inadvertently dropping the Quran, he was threatened with death and forced to flee Pakistan in fear for his life.
- Petitioner arrived in the Philippines on February 2, 2017, applied for refugee status on February 8, 2017, and cited the impossibility of returning safely to Pakistan due to risk of persecution under Pakistan’s blasphemy laws.
- Decisions Prior to the Supreme Court Petition
- The Secretary of Justice, via the DOJ-RSPPU, denied petitioner’s application on March 10, 2017, concluding that while Christians face discrimination in Pakistan, this did not amount to persecution under the 1951 Refugee Convention. The risk of blasphemy allegations alone is insufficient without proof charges were actively pursued.
- Petitioner’s Motion for Reconsideration was likewise denied on May 25, 2017, noting petitioner had admitted he was persuaded but not forced to convert.
- The Court of Appeals (CA) affirmed the DOJ-RSPPU decisions in a Decision dated January 31, 2019, emphasizing the DOJ-RSPPU’s expertise in refugee status determinations and that the factual findings were supported by substantial evidence. The CA also denied petitioner’s Motion for Reconsideration on September 10, 2019.
- Petitioner elevated the matter to the Supreme Court via Petition for Review on Certiorari.
Issues:
- Whether the Court of Appeals erred in affirming the DOJ-RSPPU’s denial of petitioner Rehman Sabir’s application for recognition as a refugee under the 1951 Refugee Convention and its 1967 Protocol despite substantial evidence of persecution based on religion.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)