1st meeting consolidated cases-siil

7/23/2019 1st Meeting Consolidated Cases-SIIL

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1. Read R.A. 9851

REPUBLIC ACT NO. 9851

AN ACT DEFINING AND PENALIZING CRIMES AGAINST

INTERNATIONAL HUMANITARIAN LAW, GENOCIDE AND

OTHER CRIMES AGAINST HUMANITY, ORGANIZING

JURISDICTION, DESIGNATING SPECIAL COURTS, AND FOR

RELATED PURPOSES

Be it enacted by the Senate and House of Representatives of the

Philippines in Conress asse!bled"

CHAPTER I

INTRODUCTORY PROVISIONS

Se!"#$ 1.Short Title. # $his Act shall be %no&n as

the "Philippine Act on Crimes Against International

Humanitarian Law, Genocide, and Other Crimes Against

Humanity".

Se!"#$ %.Declaration of Principles and State Policies.'

(a) $he Philippines renounces &ar as an instru!ent of

national policy* adopts the enerally accepted principles of

international la& as part of the la& of the land and adheres

to a policy of peace* e+uality* ,ustice* freedo!* cooperation

and a!ity &ith all nations.

(b) $he state values the dinity of every hu!an person and

uarantees full respect for hu!an rihts* includin the

rihts of indienous cultural co!!unities and other

vulnerable roups* such as &o!en and children-

(c) t shall be the responsibility of the State and all other

sectors concerned to resolved ar!ed conflict in order to

pro!ote the oal of /Children as 0ones of Peace/-

(d) $he state adopts the enerally accepted principles of

international la&* includin the Haue Conventions of 192*

the 3eneva Conventions on the protection of victi!s of &ar

and international hu!anitarian la&* as part of the la& our

nation-

(e) $he !ost serious cri!es of concern to the international

co!!unity as a &hole !ust not o unpunished and their

effective prosecution !ust be ensured by ta%in !easures

at the national level* in order to put an end to i!punity for

the perpetrators of these cri!es and thus contribute to the

prevention of such cri!es* it bein the duty of every State

to e4ercise its cri!inal ,urisdiction over those responsible

for international cri!es-

(f) $he State shall uarantee persons suspected or

accused of havin co!!itted rave cri!es under

international la& all rihts necessary to ensure that their


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trial &ill be fair and pro!pt in strict accordance &ith

national and international la& and standards for fair trial* t

shall also protect victi!s* &itnesses and their fa!ilies* and

provide appropriate redress to victi!s and their fa!ilies* t

shall ensure that the leal syste!s in place provide

accessible and ender#sensitive avenues of redress for

victi!s of ar!ed conflict* and

()$he State reconies that the application of the

provisions of this Act shall not affect the leal status of the

parties to a conflict* nor ive an i!plied reconition of the

status of bellierency

CHAPTER II

DEFINITION OF TERMS

Se!"#$ &.For purposes of this Act, the term:

(a) /Apartheid6 !eans inhu!ane acts co!!itted in the

conte4t of an institutionalied rei!e of syste!atic

oppression and do!ination by one racial roup or roups

and co!!itted &ith the intention of !aintainin that rei!e

(b) /Arbitrary deportation or forcible transfer of population/

!eans forced displace!ent of the persons concerned by

e4pultion by e4pulsion or other coercive acts fro! the area

in &hich they are la&fully present* &ithout rounds

per!itted under do!estic or international la&.

(c) /Ar!ed conflict/ !eans any use of force or ar!ed

violence bet&een States or a protracted ar!ed violence

bet&een overn!ental authorities and oranied ar!ed

roups or bet&een such roups &ithin that State" Provided*

$hat such force or ar!ed violence ives rise* or !ay ive

rise* to a situation to &hich the 3eneva Conventions of 17

Auust 199* includin their co!!on Article * apply.

Ar!ed conflict !ay be international* that is* bet&een t&o

(7) or !ore States* includin bellierent occupation- or non#

international* that is* bet&een overn!ental authorities and

oranied ar!ed roups or bet&een such roups &ithin a

state. t does not cover internal disturbances or tensions

such as riots* isolated and sporadic acts of violence or

other acts of a si!ilar nature.

(d) /Ar!ed forces/ !eans all oranied ar!ed forces*

roups and units that belon to a party to an ar!ed conflict

&hich are under a co!!and responsible to that party for

the conduct of its subordinates. Such ar!ed forces shall be

sub,ect to an internal disciplinary syste! &hich enforces

co!pliance &ith nternational Hu!anitarian :a&


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(e) /Attac% directed aainst any civilian population/ !eans

a course of conduct involvin the !ultiple co!!ission of

acts referred to in Section ; of this Act aainst any civilian

population* pursuant to or in furtherance of a State or

oraniational policy to co!!it such attac%.

(f) /


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(!) /?on#defended locality/ !eans a locality that fulfills the

follo&in conditions"

(1) all co!batants* as &ell as !obile &eapons and

!obile !ilitary e+uip!ent* !ust have been

evacuated-

(7) no hostile use of fi4ed !ilitary installations or

establish!ents !ust have been !ade-

() no acts of hostility !ust have been co!!itted by

the authorities or by the population- and

() no activities in support of !ilitary operations*

!ust have been underta%en.

(n) /?o +uarter &ill be iven6 !eans refusin to spare the

life of anybody* even of persons !anifestly unable to

defend the!selves or &ho clearly e4press their intention to

surrender.

(o) /Perfidy/ !eans acts &hich invite the confidence of an

adversary to lead hi!@her to believe he@she is entitled to* or

is oblied to accord* protection under the rules of

nternational Hu!anitarian :a&* &ith the intent to betray

that confidence* includin but not li!ited to"

(1) feinin an intent to neotiate under a fla of

truce-

(7) feinin surrender-

() feinin incapacitation by &ounds or sic%ness-

() feinin civilian or nonco!batant status- and

(5) feinin protective status by use of sins*

e!ble!s or unifor!s of the nited ?ations or of a

neutral or other State not party to the conflict.

(p) /Persecution/ !eans the international and severe

deprivation of funda!ental rihts contrary to international

la& by reason of identity of the roup or collectivity.

(+) /Protect person/ in an ar!ed conflict !eans"

(1) a person &ounded* sic% or ship&rec%ed* &hether

civilian or !ilitary-

(7) a prisoner of &ar or any person deprived of

liberty for reasons related to an ar!ed conflict-

() a civilian or any person not ta%in a direct part or

havin ceased to ta%e part in the hostilities in the

po&er of the adverse party-

() a person &ho* before the beinnin of hostilities*

&as considered a stateless person or refuee under

the relevant international instru!ents accepted by

the parties to the conflict concerned or under the


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national leislation of the state of refue or state of

residence-

(5) a !e!ber of the !edical personnel assined

e4clusively to !edical purposes or to the

ad!inistration of !edical units or to the operation of

or ad!inistration of !edical transports- or

(;) a !e!ber of the reliious personnel &ho is

e4clusively enaed in the &or% of their !inistry and

attached to the ar!ed forces of a party to the

conflict* its !edical units or !edical transports* or

non#deno!inational* nonco!batant !ilitary

personnel carryin out functions si!ilar to reliious

personnel.

(r) / Superior/ !eans"

(1) a !ilitary co!!ander or a person effectively

actin as a !ilitary co!!ander- or

(7) any other superior* in as !uch as the cri!es

arose fro! activities &ithin the effective authority

and control of that superior.(s) /$orture/ !eans the intentional infliction of severe pain

or sufferin* &hether physical* !ental* or psycholoical*

upon a person in the custody or under the control of the

accused- e4cept that torture shall not include pain or

sufferin arisin only fro!* inherent in or incidental to*

la&ful sanctions.

(t) /or%s and installations containin danerous forces/

!eans &or%s and installations the attac% of &hich !ay

cause the release of danerous forces and conse+uent

severe losses a!on the civilian population* na!ely" da!s*

di%es* and nuclear* electrical eneration stations.

CHAPTER III

CRIMES AGAINST INTERNATIONAL HUMANITARIAN LAW,

GENOCIDE AND OTHER CRIMES AGAINST HUMANITY

Se!"#$ '.War Crimes.# =or the purpose of this Act* /&ar cri!es/

or /cri!es aainst nterntional Hu!an Hu!anitarian :a&/ !eans"

(a) n case of an international ar!ed conflict * rave

breaches of the 3eneva Conventions of 17 Auust 199*

na!ely* any of the follo&in acts aainst persons or

property protected under provisions of the relevant 3eneva

Convention"

(1) illful %illin-

(7) $orture or inhu!an treat!ent* includin bioloical

e4peri!ents-

() illfully causin reat sufferin* or serious in,uryto body or health-

()


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(;) Arbitrary deportation or forcible transfer of

population or unla&ful confine!ent-

(2) $a%in of hostaes-

(8) Co!pellin a prisoner a prisoner of &ar or other

protected person to serve in the forces of a hostile

po&er- and

(9) n,ustifiable delay in the repatriation of prisoners

of &ar or other protected persons.

(b) n case of a non#international ar!ed conflict* serious

violations of co!!on Article to the four () 3eneva

Conventions of 17 Auust 199* na!ely * any of the

follo&in acts co!!itted aainst persons ta%in no active

part in the hostilities* includin !e!ber of the ar!ed forces

&ho have laid do&n their ar!s and those placed hors de

combat by sic%ness* &ounds* detention or any other cause-

(1) iolence to life and person* in particular* &illful

%illins* !utilation* cruel treat!ent and torture-

(7) Co!!ittin outraes upon personal dinity* in

particular* hu!iliatin and deradin treat!ent-() $a%in of hostaes- and

() $he passin of sentences and the carryin out of

e4ecutions &ithout previous ,ud!ent pronounced

by a reularly constituted court* affordin all ,udicial

uarantees &hich are enerally reconied as

indispensable.

(c) Dther serious violations of the la&s and custo!s

applicable in ar!ed conflict* &ithin the established

fra!e&or% of international la&* na!ely"

(1) nternationally directin attac%s aainst the

civilian population as such or aainst individual

civilians not ta%in direct part in hostilities-

(7) ntentionally directin attac%s aainst civilian

ob,ects* that is* ob,ect &hich are not !ilitary

ob,ectives-

() ntentionally directin attac%s aainst buildins*

!aterial* !edical units and transport* and personnel

usin the distinctive e!ble!s of the 3eneva

Conventions or Additional Protocol in confor!ity

&ith intentional la&-

() ntentionally directin attac%s aainst personnel*

installations* !aterial* units or vehicles involved in a

hu!anitarian assistance or peace%eepin !ission in

accordance &ith the Charter of the nited ?ations*

as lin as they are entitled to the protection iven tocivilians or civilian ob,ects under the international

la& of ar!ed conflict-

(5) :aunchin an attac% in the %no&lede that such

attac% &ill cause incidental loss of life or in,ury to

civilians or da!ae to civilian ob,ects or &idespread*

lon#ter! and severe da!ae to the natural

environ!ent &hich &ould be e4cessive in relation to


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the concrete and direct !ilitary advantae

anticipated-

(;) :aunchin an attac% aainst &or%s or

installations containin danerous forces in the

%no&lede that such attac% &ill cause e4cessive

loss of life* in,ury to civilians or da!ae to civilian

ob,ects* and causin death or serious in,ury to body

or health .

(2) Attac%in or bo!bardin* by &hatever !eans*

to&ns* villaes* d&ellins or buildins &hich are

undefended and &hich are not !ilitary ob,ectives* or

!a%in non#defended localities or de!ilitaried

ones the ob,ect of attac%-

(8) Eillin or &oundin a person in the %no&lede

that he@she is hors de combat, includin a

co!batant &ho* havin laid do&n his@her ar!s or no

loner havin !eans of defense* has surrendered at

discretion-

(9) >a%in i!proper use of a fla of truce* of the flaor the !ilitary insinia and unifor! of the ene!y or

of the nited ?ations* as &ell as of the distinctive

e!ble!s of the 3eneva Conventions or other

protective sins under nternational Hu!anitarian

:a&* resultin in death* serious personal in,ury or

capture-

(1) ntentionally directin attac%s aainst buildins

dedicated to reliion* education* art* science or

charitable purposes* historic !onu!ents* hospitals

and places &here the sic% and &ounded are

collected* provided they are not !ilitary ob,ectives.

n case of doubt &hether such buildin or place has

been used to !a%e an effective contribution to

!ilitary action* it shall be presu!ed not to be so

used-

(11) Sub,ectin persons &ho are in the po&er of an

adverse party to physical !utilation or to !edical or

scientific e4peri!ents of any %ind* or to re!oval of

tissue or orans for transplantation* &hich are

neither ,ustified by the !edical* dental or hospital

treat!ent of the person concerned nor carried out in

his@her interest* and &hich cause death to or

seriously endaner the health of such person or

persons-

(17) Eillin* &oundin or capturin an adversary byresort to perfidy-

(1) Feclarin that no +uarter &ill be iven-

(1) Festroyin or seiin the ene!y6s property

unless such destruction or seiure is i!peratively

de!anded by the necessities of &ar-

(15) Pillain a to&n or place* even &hen ta%en by

assault-


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(1;) Drderin the displace!ents of the civilian

population for reasons related to the conflict* unless

the security of the civilians involved or i!perative

!ilitary reasons so de!and-

(12) $ransferrin* directly or indirectly* by the

occupyin po&er of parts of its o&n civilian

population into the territory it occupies* or the

deportation or transfer of all or parts of the

population of the occupied territory &ithin or outside

this territory-

(18) Co!!itin outraes upon personal dinity* in

particular* hu!iliatin and deradin treat!ents-

(19) Co!!itin rape* se4ual slavery* enforced

prostitution* forced prenancy* enforced steriliation*

or any other for! of se4ual violence also constitutin

a rave breach of the 3eneva Conventions or a

serious violation of co!!on Article to the 3eneva

Convensions-

(7) tiliin the presence of a civilian or otherprotected person to render certain points* areas or

!ilitary forces i!!une fro! !ilitary operations-

(71) ntentionally usin starvation of civilians as a

!ethod of &arfare by deprivin the! of ob,ects

indespensable to their survival* includin &illfully

i!pedin relief supplies as provided for under the

3eneva Conventions and their Additional Protocols-

(77) n an international ar!ed conflict* co!pellin

the nationals of the hostile party to ta%e part in the

operations of &ar directed aainst their o&n country*

even if they &ere in the bellierent6s service before

the co!!ence!ent of the &ar-

(7) n an international ar!ed conflict* declarin

abolished* suspended or inad!issible in a court of

la& the rihts and actions of the nationals of the

hostile party-

(7) Co!!itin any of the follo&in acts"

(i) Conscriptin* enlistin or recruitin children

under the ae of fifteen (15) years into the

national ar!ed forces-

(ii) Conscriptin* enlistin or recruitin

children under the ae of eihteen (18) years

into an ar!ed force or roup other than the

national ar!ed forces- and

(iii) sin children under the ae of eihteen

(18) years to participate actively in hostilities-and

(75)

prohibited under international la&* such as"

(i) Poison or poisoned &eapons-

(ii) Asphy4iatin* poisonous or other ases*

and all analoous li+uids* !aterials or

devices-


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(iii) Bullets &hich e4pand or flatten easily in

the hu!an body* such as bullets &ith hard

envelopes &hich do not entirely cover the

core or are pierced &ith incisions- and

(iv) eapons* pro,ectiles and !aterial and

!ethods of &arfare &hich are of the nature to

cause superfluous in,ury or unecessary

sufferin or &hich are inherently

indiscri!inate in violation of the international

la& of ar!ed conflict.

Any person found uilty of co!!itin any of the acts

specified herein shall suffer the penalty provided under

Section 2 of this Act.

Se!"#$ 5.enocide# (a) =or the purpose of this Act* /enocide/

!eans any of the follo&in acts &ith intent to destroy* in &hole or

in part* a national* ethnic* racial* reliious* social or any other

si!ilar stable and per!anent roup as such"

(1) Eillin !e!bers of the roup-

(7) Causin serious bodily or !ental har! to!e!bers of the roup-

() Feliberately inflictin on the roup conditions of

life calculated to brin about its physical destruction

in &hole or in part-

() !posin !easures intended to prevent births

&ithin the roup- and

(5) =orcibly transferrin children of the roup to

another roup.

(b) t shall be unla&ful for any person to directly and

publicly incite others to co!!it enocide.

Any person found uilty of co!!ittin any of the acts specified in

pararaphs (a) and (b) of this section shall suffer the penalty

provided under Section 2 of this Act.

Se!"#$ (.!ther Crimes Aainst Humanit#.# =or the purpose of

this act* /other cri!es aainst hu!anity/ !eans any of the

follo&in acts &hen co!!itted as part of a &idespread or

syste!atic attac% directed aainst any civilian population* &ith

%no&lede of the attac%"

(a) illful %illin-

(b)


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la&* in connection &ith any act referred to in this pararaph

or any cri!e defined in this Act-

(i)


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roup* &here such activity or purpose

involves the co!!ission of a cri!e defined in

this Act- or

(ii) be !ade in the %no&lede of the intention

of the roup to co!!it the cri!e.

(b) A person shall be cri!inally liable as acco!plice for

facilitatin the co!!ission of a cri!e defined and

penalied in this Act if he@she aids* abets or other&ise

assists in its co!!ission or atte!pted co!!ission*

includin providin the !eans for its co!!ission.

(c) A person shall be cri!inally liable for a cri!e defined

and penalied in this Act if he@she atte!pts to co!!it such

a cri!e by ta%in action that co!!ences its e4ecution by

!eans of a substantial step* but the cri!e does not occur

because of circu!stances independent of the person6s

intention. Ho&ever* a person &ho abandons the effort to

co!!it the cri!e or other&ise prevents the co!pletion of

the cri!e shall not be liable for punish!ent under this Act

for the atte!pt to co!!it the sa!e if he@she co!pletelyand voluntarily ave up the cri!inal purpose.

Se!"#$ 9.$rrele%ance of !fficial Capacit#.# $his Act shall apply

e+ually to all persons &ithout any distinction based on official

capacity. n particular* official capacity as a head of state or

overn!ent* a !e!ber of a overn!ent or parlia!ent* an elected

representative or a overn!ent official shall in no case e4e!pt a

person fro! cri!inal responsibility under this Act* nor shall it* in

and of itself* constitute a round for reduction of sentence.

Ho&ever"

(a) !!unities or special procedural rules that !ay be

attached to the official capacity of a person under Philippine

la& other than the established constitutional i!!unity fro!

suit of the Philippine President durin his@her tenure* shall

not bar the court fro! e4ercisin ,urisdiction over such a

person- and

(b) !!unities that !ay be attached to the official capacity

of a person under international la& !ay li!it the application

of this Act* nut only &ithin the bounds established under

international la&.

Se!"#$ 1*.&esponsibilit# of Superiors.# n addition to other

rounds of cri!inal responsibility for cri!es defined and penalied

under this Act* a superior shall be cri!inally responsible as a

principal for such cri!es co!!itted by subordinates under his@her

effective co!!and and control* or effective authority and control

as the case !ay be* as a result of his@her failure to properly

e4ercise control over such subordinates* &here"(a) $hat superior either %ne& or* o&in to the

circu!stances at the ti!e* should have %no&n that the

subordinates &ere co!!ittin or about to co!!it such

cri!es-

(b) $hat superior failed to ta%e all necessary and

reasonable !easures &ithin his@her po&er to prevent or


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repress their co!!ission or to sub!it the !atter to the

co!petent authorities for investiation and prosecution.

Se!"#$ 11.'on(prescription. # $he cri!es defined and penalied

under this Act* their prosecution* and the e4ecution of sentences

i!posed on their account* shall not be sub,ect to any prescription.

Se!"#$ 1%.!rders from a Superior. # $he fact that a cri!e

defined and penalied under this Act has been co!!itted by a

person pursuant to an order of a overn!ent or a superior*

&hether !ilitary or civilian* shall not relieve that person of cri!inal

responsibility unless all of the follo&in ele!ents occur"

(a) $he person &as under a leal obliation to obey orders

of the overn!ent or the superior in +uestion-

(b) $he person did not %no& that the order &as unla&ful-

and

(c) $he order &as not !anifestly unla&ful.

=or the purposes of this section* orders to co!!it enocide or

other cri!es aainst hu!anity are !anifestly unla&ful.

CHAPTER VI

P+#!e!"#$ # V"!"- /$0 W"!$eeSe!"#$ 1&.Protection of )ictims and Witnesses. # n addition to

e4istin provisions in Philippine la& for the protection of victi!s

and &itnesses* the follo&in !easures shall be underta%en"

(a) $he Philippine court shall ta%e appropriate !easures to

protect the safety* physical and physioloical &ell#bein*

dinity and privacy of victi!s and &itnesses. n so doin*

the court shall have reard of all relevant factors* includin

ae* ender and health* and the nature of the cri!e* in

particular* but not li!ited to* &here the cri!e involves

se4ual or ender violence or violence aainst children. $he

prosecutor shall ta%e such !easures particularly durin the

investiation and prosecution of such cri!es. $hese

!easures shall not be pre,udicial to or inconsistent &ith the

rihts of the accused and to a fair and i!partial trial-

(b) As an e4ception to the eneral principle of public

hearins* the court !ay* to protect the victi!s and

&itnesses or an accused* conduct any part of the

proceedins in ca!era or allo& the presentation of

evidence by electronic or other special !eans. n particular*

such !easures shall be i!ple!ented in the case of the

victi! of se4ual violence or a child &ho is a victi! or is a

&itness* unless other&ise ordered by the court* havin

reard to all the circu!stances* particularly the vie&s of the

victi! or &itness-

(c) here the personal interests of the victi!s are affected*

the court shall per!it their vie&s and concerns to bepresented and considered at staes of the proceedins

deter!ined to be appropriate by the court in !anner &hich

is not pre,udicial to or inconsistent &ith the rihts of the

accused and a fair and i!partial trial. Such vie&s and

concerns !ay be presented by the leal representatives of

the victi!s &here the court considers it appropriate in


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accordance &ith the established rules of procedure and

evidence- and

(d) here the disclosure of evidence or infor!ation

pursuant to this Act !ay lead to the rave endaner!ent of

the security of a &itness for his@her fa!ily* the prosecution

!ay* for the purposes of any proceedins conducted prior

to the co!!ence!ent of the trial* &ithhold such evidence

or infor!ation and instead sub!it a su!!ary thereof. Such

!easures shall be e4ercised in a !anner &hich is not

pre,udicial to or inconsistent &ith the rihts of the accused

and to a fair and i!partial trial.

Se!"#$ 1'.&eparations to )ictims. # n addition to e4istin

provisions in Philippine la& and procedural rules for reparations to

victi!s* the follo&in !easures shall be underta%en"

(a) $he court shall follo& the principles relatin to the

reparations to* or in respect of* victi!s*includin restitution*

co!pensation and rehabilitation. Dn this basis* in its

decision* the court !ay* &ither upon re+uest or on its o&n

!otion in e4ceptional circu!stances* deter!ine the scopeand e4tent of any da!ae* loss and in,ury to* or in respect

of* victi!s and state the principles on &hich it is

actin-*a%%phi*

(b) $he court !ay !a%e an order directly aainst a

convicted person specifyin appropriate reparations to* or

in respect of* victi!s* includin restitution* co!pensation

and rehabilitation- and

(c) Before !a%in an order under this section* the court

!ay invite and shall ta%e account of representations fro!

or on behalf of the convicted person* victi!s or other

interested persons.

?othin in this section shall be interpreted as pre,udicin the

rihts of victi!s under national or international la&.

CHAPTER VII

A2"/3"2"!4 # I$!e+$/!"#$/2 L/ /$0 O!6e+ L/

Se!"#$ 15.Applicabilit# of $nternational +a.# n the application

and interpretation of this Act* Philippine courts shall be uided by

the follo&in sources"

(a) $he 198 3enocide Convention-

(b) $he 199 3enava Conventions #* their 1922

Additional Protocols and and their 75 Additional

Protocol -

(c) $he 195 Haue Convention for the Protection of

Cultural Property in the


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() Relevant and applicable international hu!an rihts

instru!ents-

(h) Dther relevant international treaties and conventions

ratified or acceded to by the Republic of the Philippines-

and

(i) $eachins of the !ost hihly +ualified publicists and

authoritative co!!entaries on the foreoin sources as

subsidiary !eans for the deter!ination of rules of

international la&.

Se!"#$ 1(.Suppletor# Application of the &e%ised Penal Code

and !ther eneral or Special +as. # $he provisions of the

Revised Penal Code and other eneral or special la&s shall have

a suppletory application to the provisions of this Act.

CHAPTER VII

JURISDICTIONSe!"#$ 1).-urisdiction.# $he State shall e4ercise ,urisdiction over

persons* &hether !ilitary or civilian* suspected or accused of a

cri!e defined and penalied in this Act* reardless of &here the

cri!e is co!!itted* provided* any one of the follo&in conditions

is !et"

(a) $he accused is a =ilipino citien-

(b) $he accused* reardless of citienship or residence* is

present in the Philippines- or

(c) $he accused has co!!itted the said cri!e aainst a

=ilipino citien.

n the interest of ,ustice* the relevant Philippine authorities !ay

dispense &ith the investiation or prosecution of a cri!e

punishable under this Act if another court or international tribunal

is already conductin the investiation or underta%in the

prosecution of such cri!e. nstead* the authorities !ay surrender

or e4tradite suspected or accused persons in the Philippines to

the appropriate international court* if any* or to another State

pursuant to the applicable e4tradition la&s and treaties.

?o cri!inal proceedins shall be initiated aainst forein nationals

suspected or accused of havin co!!itted the cri!es defined and

penalied in this Act if they have been tried by a co!petent court

outside the Philippines in respect of the sa!e offense and

ac+uitted* or havin been convicted* already served their

sentence.

Se!"#$ 18.Philippine Court, Prosecutors and $n%estiators. # $heReional $rial Court of the Philippines shall have oriinal and

e4clusive ,urisdiction over the cri!es punishable under this Act.

$heir ,ud!ents !ay be appealed or elevated to the Court of

Appeals and to the Supre!e Court as provided by la&.

$he Supre!e Court shall desinate special courts to try cases

involvin cri!es punishable under this Act. =or these cases* the

Co!!ission on Hu!an Rihts* the Fepart!ent of Gustice* the


15/25

Philippine ?ational Police or other concerned la& enforce!ent

aencies shall desinate prosecutors or investiators as the case

!ay be.

$he State shall ensure that ,udes* prosecutors and investiators*

especially those desinated for purposes of this Act* receive

effective trainin in hu!an rihts* nternational Hu!anitarian :a&

and nternational Cri!inal :a&.

CHAPTER I7

FINAL PROVISIONS

Se!"#$ 19.Separabilit# Clause. # f* for any reason or reasons*

any part or provision of this Statute shall be held to be

unconstitutional or invalid* other parts or provisions hereof &hich

are not affected thereby shall continue to be in full force and

effect.

Se!"#$ %*.&epealin Clause. (All la&s* presidential decrees

and issuances* e4ecutive orders* rules and reulations or parts

thereof inconsistent &ith the provisions of this Statute are herebyrepealed or !odified accordinly.

Se!"#$ %1.ffecti%it#. # $his Act shall ta%e effect fifteen (15) days

after its co!plete publication in the !fficial a/ette or in t&o (7)

ne&spapers eneral circulation.

%. O/-# . A3/$0#

VICENTE P. LADLAD,Pe!"!"#$e+,. HON. THELMA BUNYI

MEDINA, "$ 6e+ //"!4 / P+e"0"$: J;0:e # !6e Re:"#$/2

T+"/2 C#;+! # M/$"2/, B+/$6 &%, /$0 !6e PEOPLE OF THE

PHILIPPINES,Re#$0e$!.

=AC$S"

Dn 7; Auust 7;* a !ass rave &as discovered by ele!ents of

the rd nfantry Briade of the Philippine Ar!y at Sitio Sapan

Faco* Baranay Eaulisihan* nopacan* :eyte.1$he !ass rave

contained s%eletal re!ains of ;2 individuals believed to be victi!s

of /Dperation enereal Fisease/ (Dperation F) launched by

!e!bers of the Co!!unist Party of the Philippines@?e& Peoples

Ar!y@?ational Fe!ocratic =ront of the Philippines

(CPP@?PA@?F=P) to pure their ran%s of suspected !ilitary

infor!ers.

P C@nsp. Al!aden of the (P?P) Reional Dffice 8 and Staff GudeAdvocate Captain Allan $iu (Ar!y Captain $iu) of the 8th nfantry

Fivision of the Philippine Ar!y sent 17 undated letters to the

Provincial Prosecutor of :eyte throuh Assistant Provincial

Prosecutor Rosulo . ivero (Prosecutor ivero).$he letters

re+uested appropriate leal action on 17 co!plaint#affidavits

attached there&ith accusin 21 na!ed !e!bers of the

Co!!unist Party of the Philippines@?e& Peoples Ar!y@?ational


16/25

Fe!ocratic =ront of the Philippines (CPP@?PA@?F=P) of !urder*

includin petitioners herein alon &ith several other unna!ed

!e!bers.

Also attached to the letters &ere the affidavits of 0acarias

Piedad*:eonardo C. $anaid* =loro >. $anaid* ?u!eriano

Berinuel* 3lecerio Roluna and eronica P. $abara. $hey narrated

that they &ere for!er !e!bers of the CPP@?PA@?F=P.Accordin

to the!* Dperation F &as ordered in 1985 by the

CPP@?PA@?F=P Central Co!!ittee.Alleedly* petitioners

Saturnino C. Dca!po (Dca!po)*Randall B.


17/25

prayed for the unconditional release of petitioner Dca!po fro!

P?P custody* as &ell as the issuance of a te!porary restrainin

order@ &rit of preli!inary in,unction to restrain the conduct of

further proceedins durin the pendency of the petition.

Petitioner Dca!po arued that a case for rebellion aainst hi!

and others (includin petitioners a%ati* Branch 15

(R$C >a%ati).Puttin for&ard the political offense doctrine*

petitioner Dca!po arues that co!!on cri!es* such as !urder in

this case* are already absorbed by the cri!e of rebellion &hen

co!!itted as a necessary !eans* in connection &ith and in

furtherance of rebellion.

hile the proceedins &ere suspended* petitioner anila.

Petitioner :adlad and Baylosis filed an rent >otion to =i4 Bail

and a >otion to Allo& Petitioner to Post Bail respectively.$he DS3

interposed no ob,ection to the rant of aP1* cash bail to

the!. $he Court ranted the !otions of petitioners :adlad and

Baylosis and fi4ed their bail in the a!ount ofP1** sub,ect to

the condition that their te!porary release shall be li!ited to the

period of their actual participation in the peace neotiations

ISSUEa,ority of the respondents did not sub!it their counter#affidavits

because they could no loner be found in their last %no&n

address* per return of the subpoenas. Dn the other hand*

Saturnino Dca!po Satur* =ides :i!* >aureen Pale,aro and

Ruben >anatad sub!itted their Counter#Affidavits. Ho&ever*

icente :adlad and Gas!in Gerusale! failed to sub!it the

re+uired Counter Affidavits in spite entry of appearance by their

respective counsels.

Section (d)* Rule 117 of the Rules of Court* allo&s Prosecutor

ivero to resolve the co!plaint based on the evidence before hi!

if a respondent could not be subpoenaed. As lon as efforts to

reach a respondent &ere !ade* and he &as iven an opportunity

to present countervailin evidence* the preli!inary investiation

re!ains valid.

n this case* the Resolution stated that efforts &ere underta%en to

serve subpoenas on the na!ed respondents at their last %no&n

addresses. $his is sufficient for due process. t &as only becausea !a,ority of the! could no loner be found at their last %no&n

addresses that they &ere not served copies of the co!plaint and

the attached docu!ents or evidence.

Petitioner :adlad* throuh his counsel* had every opportunity to

secure copies of the co!plaint after his counsels for!al entry of

appearance and* thereafter* to participate fully in the preli!inary

investiation. nstead* he refused to participate.

?either can &e uphold petitioner Dca!pos contention that he &as

denied the riht to be heard. =or hi! to clai! that he &as denied

due process by not bein furnished a copy of the Supple!ental

Affidavit of 0acarias Piedad &ould i!ply that the entire case of the

prosecution rested on the Supple!ental Affidavit. $he DS3 has

asserted that the indict!ent of petitioner Dca!po &as based on

the collective affidavits of several other &itnesses attestin to the

alleation that he &as a !e!ber of the CPP@?PA@?F=P Central

Co!!ittee* &hich had ordered the launch of Dperation F.

B. ssuance of the arrants of Arrest

Article * Section 7 of the Constitution provides that /no search

&arrant or &arrant of arrest shall issue e4cept upon probable

cause to be deter!ined personally by the ,ude after e4a!ination

under oath or affir!ation of the co!plainant and the &itnesses he

!ay produce./

Petitioner Dca!po allees that Gude Abando did not co!ply &ith

the re+uire!ents of the Constitution in findin the e4istence of

probable cause for the issuance of &arrants of arrest aainst

petitioners.

Probable cause for the issuance of a &arrant of arrest has been


19/25

defined as /such facts and circu!stances &hich &ould lead a

reasonably discreet and prudent !an to believe that an offense

has been co!!itted by the person souht to be arrested./ Allado

v. Fio%no* 3.R. ?o. 11;* >ay 5* 199.Althouh the

Constitution provides that probable cause shall be deter!ined by

the ,ude after an e4a!ination under oath or an affir!ation of the

co!plainant and the &itnesses* &e have ruled that a hearin is

not necessary for the deter!ination thereof. n fact* the ,udes

personal e4a!ination of the co!plainant and the &itnesses is not

!andatory and indispensable for deter!inin the aptness of

issuin a &arrant of arrest.

t is enouh that the ,ude personally evaluates the prosecutors

report and supportin docu!ents sho&in the e4istence of

probable cause for the indict!ent and* on the basis thereof* issue

a &arrant of arrest- or if* on the basis of his evaluation* he finds no

probable cause* to disreard the prosecutor6s resolution and

re+uire the sub!ission of additional affidavits of &itnesses to aid

hi! in deter!inin its e4istence. Felos Santos#Reyes v. >ontesa*Gr. 12 Phil. 11

$he deter!ination of probable cause for the issuance of &arrants

of arrest aainst petitioners is addressed to the sound discretion

of Gude Abando as the trial ,ude.

CRIMINAL LAW #2"!"/2 #e$e 0#!+"$e

nder the political offense doctrine* /co!!on cri!es* perpetrated

in furtherance of a political offense* are divested of their character

as /co!!on/ offenses and assu!e the political co!ple4ion of the

!ain cri!e of &hich they are !ere inredients* and* conse+uently*

cannot be punished separately fro! the principal offense* or

co!ple4ed &ith the sa!e* to ,ustify the i!position of a raver

penalty./ People v. Hernande* 99 Phil. 515

Any ordinary act assu!es a different nature by bein absorbed in

the cri!e of rebellion.$hus* &hen a %illin is co!!itted in

furtherance of rebellion* the %illin is not ho!icide or !urder.

Rather* the %illin assu!es the political co!ple4ion of rebellion as

its !ere inredient and !ust be prosecuted and punished as

rebellion alone.

But &hen the political offense doctrine is asserted as a defense in

the trial court* it beco!es crucial for the court to deter!ine

&hether the act of %illin &as done in furtherance of a political

end* and for the political !otive of the act to be conclusivelyde!onstrated.

REMEDIAL LAW A-e$0-e$! #+ S;3!"!;!"#$

Dffice of the Provincial Prosecutor of 0a!boana Fel ?orte v. CA*

1 Phil 95 if durin trial* petitioners are able to sho& that the

alleed !urders &ere indeed co!!itted in furtherance of

rebellion* Section 1* Rule 11 of the Rules of Court provides the


20/25

re!edy of A!end!ent or substitution.

$hus* if it is sho&n that the proper chare aainst petitioners

should have been si!ple rebellion* the trial court shall dis!iss the

!urder chares upon the filin of the nfor!ation for si!ple

rebellion* as lon as petitioners &ould not be placed in double

,eopardy.

&. V"$;4/ . E>e;!"e Se+e!/+4

FACTS"

$his is an oriinal Petition for Certiorari under Rule ;5 of the

Rules of Court &ith an application for the issuance of a &rit of

preli!inary !andatory in,unction aainst the Dffice of the

A:AIA :D:AS* a non#stoc%*

non#profit oraniation reistered &ith the S


21/25

1.D? the


22/25

ele!ents of prophecy. $hey are and should be underta%en only by

those directly responsible to the people &hose &elfare they

advance or i!peril.

But not all cases i!plicatin forein relations present political

+uestions* and courts certainly possess the authority to construe

or invalidate treaties and e4ecutive aree!ents. Ho&ever* the

+uestion &hether the Philippine overn!ent should espouse

clai!s of its nationals aainst a forein overn!ent is a forein

relations !atter* the authority for &hich is de!onstrably co!!itted

by our Constitution not to the courts but to the political branches.

n this case* the


23/25

province of !unicipal la& and do not affect the position

internationally.


24/25

1. ?D.

A petition for habeas corpus is i!proper &hen release of

petitioner is not souht. t see%s no dischare of petitioner fro!

confine!ent but !erely his restoration to his for!er status as a

prisoner of &ar* to be interned* not confined. $he relative

difference as to the deree of confine!ent in such cases is a

!atter of !ilitary !easure* disciplinary in character* beyond the

,urisdiction of civil courts. Prohibition cannot issue aainst one not

!ade party respondent. ?either !ay the petition for prohibition

prosper aainst :t. 3en. ilhel! F. Styer. $he >ilitary

Co!!ission is not !ade party respondent in this case* and

althouh it !ay be actin* as alleed* &ithout ,urisdiction* no order

!ay be issued in these case proceedins re+uirin it to refrain

fro! tryin the petitioner.

$he Court further ruled that it has no ,urisdiction to entertain the

petition even if the co!!ission be ,oined as respondent. As it has

said* in Ra+uia vs. Bradford (pp. 5* ;1* ante)* J. . . an atte!pt of

our civil courts to e4ercise ,urisdiction over the nited States Ar!ybefore such period (state of &ar) e4pires* &ould be considered as

a violation of this countryLs faith* &hich this Court should not be

the last to %eep and uphold.K

7.YES.

nder the la&s of &ar* a !ilitary co!!ander has an

i!plied po&er to appoint and convene a !ilitary co!!ission. $his

is upon the theory that since the po&er to create a !ilitary

co!!ission is an aspect of &ain &ar* !ilitary co!!anders

have that po&er unless e4pressly &ithdra&n fro! the!.

By the Articles of ar* and especially Article 15* the Conress of

the nited States has e4plicitly provided* so far as it !ay

constitutionally do so* that !ilitary tribunals shall have ,urisdiction

to try offenders or offenses aainst the la&s of &ar in appropriate

cases.

@;+#0/ . J/2/$0#$", G.R. N#. L%((%, M/+6 %(, 19'9

I. THE FACTS

Petitioner Shienori Euroda* the Co!!andin 3eneral of

the Gapanese !perial =orces in the Philippines durin the

Gapanese occupation* &as chared before the Philippine >ilitary

Co!!ission of &ar cri!es. He +uestioned the constitutionality

of


25/25

as

1st meeting consolidated cases-siil

Documents