1. Read R.A.

9851

(b) The state values the dignity of every human person and
guarantees full respect for human rights, including the

REPUBLIC ACT NO. 9851

rights of indigenous cultural communities and other

AN ACT DEFINING AND PENALIZING CRIMES AGAINST

vulnerable groups, such as women and children;

INTERNATIONAL HUMANITARIAN LAW, GENOCIDE AND

OTHER CRIMES AGAINST HUMANITY, ORGANIZING

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

JURISDICTION, DESIGNATING SPECIAL COURTS, AND FOR

RELATED PURPOSES

sectors concerned to resolved armed conflict in order to

promote the goal of "Children as Zones of Peace";

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

Philippines in Congress assembled:

(d) The state adopts the generally accepted principles of

CHAPTER I

international law, including the Hague Conventions of 1907,

INTRODUCTORY PROVISIONS
Section

1. Short

the "Philippine

Title.
Act

on

This

Act

Crimes

shall
Against

the Geneva Conventions on the protection of victims of war

be

known

as

International

Humanitarian Law, Genocide, and Other Crimes Against

Humanity".

and international humanitarian law, as part of the law our

nation;
(e) The most serious crimes of concern to the international
community as a whole must not go unpunished and their
effective prosecution must be ensured by taking measures

Section 2. Declaration of Principles and State Policies.

at the national level, in order to put an end to impunity for

the perpetrators of these crimes and thus contribute to the

(a) The Philippines renounces war as an instrument of

national policy, adopts the generally accepted principles of
international law as part of the law of the land and adheres

prevention of such crimes, it being the duty of every State

to exercise its criminal jurisdiction over those responsible
for international crimes;

to a policy of peace, equality, justice, freedom, cooperation

and amity with all nations.

(f) The State shall guarantee persons suspected or

accused

of

having

committed

grave

crimes

under

international law all rights necessary to ensure that their

trial will be fair and prompt in strict accordance with

in which they are lawfully present, without grounds

national and international law and standards for fair trial, It

permitted under domestic or international law.

shall also protect victims, witnesses and their families, and

provide appropriate redress to victims and their families, It

(c) "Armed conflict" means any use of force or armed

shall ensure that the legal systems in place provide

violence between States or a protracted armed violence

accessible and gender-sensitive avenues of redress for

between governmental authorities and organized armed

victims of armed conflict, and

groups or between such groups within that State: Provided,

That such force or armed violence gives rise, or may give

(g)The State recognizes that the application of the

rise, to a situation to which the Geneva Conventions of 12

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

August 1949, including their common Article 3, apply.

parties to a conflict, nor give an implied recognition of the

Armed conflict may be international, that is, between two

status of belligerency

(2) or more States, including belligerent occupation; or noninternational, that is, between governmental authorities and

CHAPTER II

organized armed groups or between such groups within a

DEFINITION OF TERMS

state. It does not cover internal disturbances or tensions

such as riots, isolated and sporadic acts of violence or

Section 3. For purposes of this Act, the term:

other acts of a similar nature.

(a) "Apartheid' means inhumane acts committed in the

(d) "Armed forces" means all organized armed forces,

context of an institutionalized regime of systematic

groups and units that belong to a party to an armed conflict

oppression and domination by one racial group or groups

which are under a command responsible to that party for

and committed with the intention of maintaining that regime

the conduct of its subordinates. Such armed forces shall be

subject to an internal disciplinary system which enforces

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

means forced displacement of the persons concerned by
expultion by expulsion or other coercive acts from the area

compliance with International Humanitarian Law

(e) "Attack directed against any civilian population" means

food

and

medicine,

calculated

a course of conduct involving the multiple commission of

destruction of a part of a population.

to

bring

about

the

acts referred to in Section 6 of this Act against any civilian

population, pursuant to or in furtherance of a State or

(j) " Forced pregnancy" means the unlawful confinement of

organizational policy to commit such attack.

a women to be forcibly made pregnant, with the intent of

affecting the ethnic composition of any population carrying

(f) "Effective command and control" or " effective authority

out other grave violations of international law.

and control" means having the material ability to prevent

and punish the commission of offenses by subordinates.
(g) "Enforced or involuntary disappearance of persons"

(k) "Hors de Combat" means a person who:

(1) is in the power of an adverse party;

means the arrest, detention, or abduction of persons by, or

with the authorization support or acquiescence of, a State

(2)

has

clearly

or a political organization followed by a refusal to

surrender;or

expressed

an

intention

to

acknowledge that deprivation of freedom or to give

information on the fate or whereabouts of those persons,

(3) has been rendered unconscious or otherwise

with the intention of removing from the protection of the law

incapacitated by wounds or sickness and therefore

for a prolonged period of time

is incapable of defending himself: Provided, that in

any of these cases, the person form any hostile act

(h) "Enslavement" means the exercise of any or all of the

and does not attempt to escape.

powers attaching to the right of ownership over a person

and includes the exercise of such power in the course of

(l) "Military necessity" means the necessity of employing

trafficking in persons, in particular women and children.

measures which are indispensable to achieve a legitimate

aim of the conflict and are not otherwise prohibited by

(i) "Extermination" means the international infliction of

conditions of life, inter alia, the deprivation of access to

International Humanitarian Law

(m) "Non-defended locality" means a locality that fulfills the

following conditions:

(1) feigning an intent to negotiate under a flag of

truce;

(1) all combatants, as well as mobile weapons and

(2) feigning surrender;

mobile

(3) feigning incapacitation by wounds or sickness;

military

equipment,

must

have

been

evacuated;

(4) feigning civilian or noncombatant status; and

(5) feigning protective status by use of signs,

(2) no hostile use of fixed military installations or

emblems or uniforms of the United Nations or of a

establishments must have been made;

neutral or other State not party to the conflict.

(3) no acts of hostility must have been committed by

(p) "Persecution" means the international and severe

the authorities or by the population; and

deprivation of fundamental rights contrary to international

law by reason of identity of the group or collectivity.

(4) no activities in support of military operations,

must have been undertaken.

(q) "Protect person" in an armed conflict means:

(1) a person wounded, sick or shipwrecked, whether
civilian or military;

(n) "No quarter will be given' means refusing to spare the

(2) a prisoner of war or any person deprived of

life of anybody, even of persons manifestly unable to

liberty for reasons related to an armed conflict;

defend themselves or who clearly express their intention to

(3) a civilian or any person not taking a direct part or

surrender.

having ceased to take part in the hostilities in the

power of the adverse party;

(o) "Perfidy" means acts which invite the confidence of an

(4) a person who, before the beginning of hostilities,

adversary to lead him/her to believe he/she is entitled to, or

was considered a stateless person or refugee under

is obliged to accord, protection under the rules of

the relevant international instruments accepted by

International Humanitarian Law, with the intent to betray

the parties to the conflict concerned or under the

that confidence, including but not limited to:

national legislation of the state of refuge or state of

(t) "Works and installations containing dangerous forces"

residence;

means works and installations the attack of which may

(5) a member of the medical personnel assigned

cause the release of dangerous forces and consequent

exclusively

severe losses among the civilian population, namely: dams,

to

medical

purposes

or

to

the

administration of medical units or to the operation of

dikes, and nuclear, electrical generation stations.

or administration of medical transports; or

CHAPTER III

(6) a member of the religious personnel who is

CRIMES AGAINST INTERNATIONAL HUMANITARIAN LAW,

exclusively engaged in the work of their ministry and

GENOCIDE AND OTHER CRIMES AGAINST HUMANITY

attached to the armed forces of a party to the

Section 4. War Crimes. - For the purpose of this Act, "war crimes"

conflict, its medical units or medical transports, or

or "crimes against Interntional Human Humanitarian Law" means:

non-denominational,

noncombatant

military

(a) In case of an international armed conflict , grave

personnel carrying out functions similar to religious

breaches of the Geneva Conventions of 12 August 1949,

personnel.

namely, any of the following acts against persons or

(r) " Superior" means:

(1) a military commander or a person effectively

property protected under provisions of the relevant Geneva

Convention:

acting as a military commander; or

(1) Willful killing;

(2) any other superior, in as much as the crimes

(2) Torture or inhuman treatment, including biological

arose from activities within the effective authority

experiments;

and control of that superior.

(3) Willfully causing great suffering, or serious injury

(s) "Torture" means the intentional infliction of severe pain

to body or health;

or suffering, whether physical, mental, or psychological,

(4) Extensive destruction and appropriation of

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

property not justified by military necessity and

accused; except that torture shall not include pain or

carried out unlawfully and wantonly;

suffering arising only from, inherent in or incidental to,

(5) Willfully depriving a prisoner of war or other

lawful sanctions.

protected person of the rights of fair and regular trial;

(6) Arbitrary deportation or forcible transfer of

(c) Other serious violations of the laws and customs

population or unlawful confinement;

applicable in armed conflict, within the established

(7) Taking of hostages;

framework of international law, namely:

(8) Compelling a prisoner a prisoner of war or other

(1) Internationally directing attacks against the

protected person to serve in the forces of a hostile

civilian population as such or against individual

power; and

civilians not taking direct part in hostilities;

(9) Unjustifiable delay in the repatriation of prisoners

(2) Intentionally directing attacks against civilian

of war or other protected persons.

objects, that is, object which are not military

(b) In case of a non-international armed conflict, serious

objectives;

violations of common Article 3 to the four (4) Geneva

(3) Intentionally directing attacks against buildings,

Conventions of 12 August 1949, namely , any of the

material, medical units and transport, and personnel

following acts committed against persons taking no active

using the distinctive emblems of the Geneva

part in the hostilities, including member of the armed forces

Conventions or Additional Protocol III in conformity

who have laid down their arms and those placed hors de

with intentional law;

combat by sickness, wounds, detention or any other cause;

(4) Intentionally directing attacks against personnel,

(1) Violence to life and person, in particular, willful

installations, material, units or vehicles involved in a

killings, mutilation, cruel treatment and torture;

humanitarian assistance or peacekeeping mission in

(2) Committing outrages upon personal dignity, in

accordance with the Charter of the United Nations,

particular, humiliating and degrading treatment;

as ling as they are entitled to the protection given to

(3) Taking of hostages; and

civilians or civilian objects under the international

(4) The passing of sentences and the carrying out of

law of armed conflict;

executions without previous judgment pronounced

(5) Launching an attack in the knowledge that such

by a regularly constituted court, affording all judicial

attack will cause incidental loss of life or injury to

guarantees which are generally recognized as

civilians or damage to civilian objects or widespread,

indispensable.

long-term and severe damage to the natural

environment which would be excessive in relation to

the

concrete

and

direct

military

advantage

anticipated;
(6)

Launching

(10) Intentionally directing attacks against buildings

dedicated to religion, education, art, science or

or

charitable purposes, historic monuments, hospitals

installations containing dangerous forces in the

and places where the sick and wounded are

knowledge that such attack will cause excessive

collected, provided they are not military objectives.

loss of life, injury to civilians or damage to civilian

In case of doubt whether such building or place has

objects, and causing death or serious injury to body

been used to make an effective contribution to

or health .

military action, it shall be presumed not to be so

(7) Attacking or bombarding, by whatever means,

used;

towns, villages, dwellings or buildings which are

(11) Subjecting persons who are in the power of an

undefended and which are not military objectives, or

adverse party to physical mutilation or to medical or

making non-defended localities or demilitarized

scientific experiments of any kind, or to removal of

zones the object of attack;

tissue or organs for transplantation, which are

(8) Killing or wounding a person in the knowledge

neither justified by the medical, dental or hospital

that

treatment of the person concerned nor carried out in

combatant who, having laid down his/her arms or no

his/her interest, and which cause death to or

longer having means of defense, has surrendered at

seriously endanger the health of such person or

discretion;

persons;

(9) Making improper use of a flag of truce, of the flag

(12) Killing, wounding or capturing an adversary by

or the military insignia and uniform of the enemy or

resort to perfidy;

of the United Nations, as well as of the distinctive

(13) Declaring that no quarter will be given;

emblems of the Geneva Conventions or other

(14) Destroying or seizing the enemy's property

protective signs under International Humanitarian

unless such destruction or seizure is imperatively

Law, resulting in death, serious personal injury or

demanded by the necessities of war;

capture;

(15) Pillaging a town or place, even when taken by

he/she

an

is hors

attack

de

against

works

combat, including

assault;

(16) Ordering the displacements of the civilian

(22) In an international armed conflict, compelling

population for reasons related to the conflict, unless

the nationals of the hostile party to take part in the

the security of the civilians involved or imperative

operations of war directed against their own country,

military reasons so demand;

even if they were in the belligerent's service before

(17) Transferring, directly or indirectly, by the

the commencement of the war;

occupying power of parts of its own civilian

(23) In an international armed conflict, declaring

population into the territory it occupies, or the

abolished, suspended or inadmissible in a court of

deportation or transfer of all or parts of the

law the rights and actions of the nationals of the

population of the occupied territory within or outside

hostile party;

this territory;

(24) Commiting any of the following acts:

(18) Commiting outrages upon personal dignity, in

(i) Conscripting, enlisting or recruiting children

particular, humiliating and degrading treatments;

under the age of fifteen (15) years into the

(19) Commiting rape, sexual slavery, enforced

national armed forces;

prostitution, forced pregnancy, enforced sterilization,

(ii)

or any other form of sexual violence also constituting

children under the age of eighteen (18) years

a grave breach of the Geneva Conventions or a

into an armed force or group other than the

serious violation of common Article 3 to the Geneva

national armed forces; and

Convensions;

(iii) Using children under the age of eighteen

(20) Utilizing the presence of a civilian or other

(18) years to participate actively in hostilities;

protected person to render certain points, areas or

and

Conscripting,

enlisting

or

recruiting

military forces immune from military operations;

(25) Employing means of warfare which are

(21) Intentionally using starvation of civilians as a

prohibited under international law, such as:

method of warfare by depriving them of objects

(i) Poison or poisoned weapons;

indespensable to their survival, including willfully

(ii) Asphyxiating, poisonous or other gases,

impeding relief supplies as provided for under the

and

Geneva Conventions and their Additional Protocols;

devices;

all

analogous

liquids,

materials

or

(iii) Bullets which expand or flatten easily in

(5) Forcibly transferring children of the group to

the human body, such as bullets with hard

another group.

envelopes which do not entirely cover the

(b) It shall be unlawful for any person to directly and

core or are pierced with incisions; and

publicly incite others to commit genocide.

(iv) Weapons, projectiles and material and

Any person found guilty of committing any of the acts specified in

methods of warfare which are of the nature to

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

cause

provided under Section 7 of this Act.

superfluous

or

unecessary

are

inherently

Section 6. Other Crimes Against Humanity. - For the purpose of

indiscriminate in violation of the international

this act, "other crimes against humanity" means any of the

law of armed conflict.

following acts when committed as part of a widespread or

suffering

or

injury

which

Any person found guilty of commiting any of the acts

systematic attack directed against any civilian population, with

specified herein shall suffer the penalty provided under

knowledge of the attack:

Section 7 of this Act.

(a) Willful killing;

Section 5. Genocide - (a) For the purpose of this Act, "genocide"

(b) Extermination;

means any of the following acts with intent to destroy, in whole or

(c) Enslavement;

in part, a national, ethnic, racial, religious, social or any other

(d) Arbitrary deportation or forcible transfer of population;

similar stable and permanent group as such:

(e) Imprisonment or other severe deprivation of physical

(1) Killing members of the group;

liberty in violation of fundamental rules of international law;

(2) Causing serious bodily or mental harm to

(f) Torture;

members of the group;

(g) Rape, sexual slavery, enforced prostitution, forced

(3) Deliberately inflicting on the group conditions of

pregnancy, enforced sterilization, or any other form of

life calculated to bring about its physical destruction

sexual violence of comparable gravity;

in whole or in part;

(h) Persecution against any identifiable group or collectivity

(4) Imposing measures intended to prevent births

on political, racial, national, ethnic, cultural, religious,

within the group; and

gender, sexual orientation or other grounds that are

universally recognized as impermissible under international

law, in connection with any act referred to in this paragraph

thousand pesos (Php 10,000.00) to Twenty thousand pesos (Php

or any crime defined in this Act;

20,000.00).

(i) Enforced or involuntary disappearance of persons;

In addition, the court shall order the forfeiture of proceeds,

(j) Apartheid; and

property and assets derived, directly or indirectly, from that crime,

(k) Other inhumane acts of a similar character intentionally

without prejudice to the rights of bona fide third (3rd) parties. The

causing great suffering, or serious injury to body or to

court shall also impose the corresponding accessory penalties

mental or physical health.

under the Revised Penal Code, especially where the offender is a

Any person found guilty of committing any of the acts specified

public officer.

herein shall suffer the penalty provided under Section 7 of this Act.

CHAPTER V

CHAPTER IV

SOME PRINCIPLES OF CRIMINAL LIABILITY

PENAL PROVISIONS

Section 8. Individual Criminal Responsibilities. - (a) In addition to

Section 7. Penalties. - Any person found guilty of committing any

existing provisions in Philippine law on principles of criminal

of the acts provided under Sections 4, 5 and 6 of this Act shall

responsibility, a person shall be criminally liable as principal for a

suffer the penalty of reclusion temporal in its medium to maximum

crime defined and penalized in this Act if he/she:

period and a fine ranging from One hundred thousand pesos (Php

(1) Commits such a crime, whether as an individual,

100,000.00) to Five hundred thousand pesos (Php 500,000.00).

jointly with another or through another person,

When justified by the extreme gravity of the crime, especially

regardless of whether that other person is criminally

where the commision of any of the crimes specified herein results

responsible;

in death or serious physical injury, or constitutes rape, and

(2) Orders, solicits or induces the commission of

considering the individual circumstances of the accused, the

such a crime which in fact occurs or is attempted;

penalty of reclusion perpetua and a fine ranging from Five

(3) In any other way contributes to the commission

hundred thousand pesos (Php 500,000.00) to One million pesos

or attempted commission of such a crime by a group

(Php 1,000,000.00) shall be imposed.

of person acting with a common purpose. Such

Any person found guilty of inciting others to commit genocide

contribution shall be intentional and shall either:

referred to in Section 5(b) of this Act shall suffer the penalty of

(i) be made with the aim of furthering the

prision mayor in its minimum period and a fine ranging from Ten

criminal activity or criminal purpose of the

group,

where

such

activity

or

purpose

involves the commission of a crime defined in

and of itself, constitute a ground for reduction of sentence.

However:

this Act; or

(a) Immunities or special procedural rules that may be

(ii) be made in the knowledge of the intention

attached to the official capacity of a person under Philippine

of the group to commit the crime.

law other than the established constitutional immunity from

(b) A person shall be criminally liable as accomplice for

suit of the Philippine President during his/her tenure, shall

facilitating the commission of a crime defined and

not bar the court from exercising jurisdiction over such a

penalized in this Act if he/she aids, abets or otherwise

person; and

assists in its commission or attempted commission,

(b) Immunities that may be attached to the official capacity

including providing the means for its commission.

of a person under international law may limit the application

(c) A person shall be criminally liable for a crime defined

of this Act, nut only within the bounds established under

and penalized in this Act if he/she attempts to commit such

international law.

a crime by taking action that commences its execution by

Section 10. Responsibility of Superiors. - In addition to other

means of a substantial step, but the crime does not occur

grounds of criminal responsibility for crimes defined and penalized

because of circumstances independent of the person's

under this Act, a superior shall be criminally responsible as a

intention. However, a person who abandons the effort to

principal for such crimes committed by subordinates under his/her

commit the crime or otherwise prevents the completion of

effective command and control, or effective authority and control

the crime shall not be liable for punishment under this Act

as the case may be, as a result of his/her failure to properly

for the attempt to commit the same if he/she completely

exercise control over such subordinates, where:

and voluntarily gave up the criminal purpose.

(a)

That

superior

either

knew

or,

owing

to

the

Section 9. Irrelevance of Official Capacity. - This Act shall apply

circumstances at the time, should have known that the

equally to all persons without any distinction based on official

subordinates were committing or about to commit such

capacity. In particular, official capacity as a head of state or

crimes;

government, a member of a government or parliament, an elected

(b) That superior failed to take all necessary and

representative or a government official shall in no case exempt a

reasonable measures within his/her power to prevent or

person from criminal responsibility under this Act, nor shall it, in

repress their commission or to submit the matter to the

age, gender and health, and the nature of the crime, in

competent authorities for investigation and prosecution.

particular, but not limited to, where the crime involves

Section 11. Non-prescription. - The crimes defined and penalized

sexual or gender violence or violence against children. The

under this Act, their prosecution, and the execution of sentences

prosecutor shall take such measures particularly during the

imposed on their account, shall not be subject to any prescription.

investigation and prosecution of such crimes. These

Section 12. Orders from a Superior. - The fact that a crime

measures shall not be prejudicial to or inconsistent with the

defined and penalized under this Act has been committed by a

rights of the accused and to a fair and impartial trial;

person pursuant to an order of a government or a superior,

(b) As an exception to the general principle of public

whether military or civilian, shall not relieve that person of criminal

hearings, the court may, to protect the victims and

responsibility unless all of the following elements occur:

witnesses or an accused, conduct any part of the

(a) The person was under a legal obligation to obey orders

proceedings in camera or allow the presentation of

of the government or the superior in question;

evidence by electronic or other special means. In particular,

(b) The person did not know that the order was unlawful;

such measures shall be implemented in the case of the

and

victim of sexual violence or a child who is a victim or is a

(c) The order was not manifestly unlawful.

witness, unless otherwise ordered by the court, having

For the purposes of this section, orders to commit genocide or

regard to all the circumstances, particularly the views of the

other crimes against humanity are manifestly unlawful.

victim or witness;

CHAPTER VI

(c) Where the personal interests of the victims are affected,

Protection of Victims and Witnesses

the court shall permit their views and concerns to be

Section 13. Protection of Victims and Witnesses. - In addition to

presented and considered at stages of the proceedings

existing provisions in Philippine law for the protection of victims

determined to be appropriate by the court in manner which

and witnesses, the following measures shall be undertaken:

is not prejudicial to or inconsistent with the rights of the

(a) The Philippine court shall take appropriate measures to

accused and a fair and impartial trial. Such views and

protect the safety, physical and physiological well-being,

concerns may be presented by the legal representatives of

dignity and privacy of victims and witnesses. In so doing,

the victims where the court considers it appropriate in

the court shall have regard of all relevant factors, including

accordance with the established rules of procedure and

(c) Before making an order under this section, the court

evidence; and

may invite and shall take account of representations from

(d) Where the disclosure of evidence or information

or on behalf of the convicted person, victims or other

pursuant to this Act may lead to the grave endangerment of

interested persons.

the security of a witness for his/her family, the prosecution

Nothing in this section shall be interpreted as prejudicing the

may, for the purposes of any proceedings conducted prior

rights of victims under national or international law.

to the commencement of the trial, withhold such evidence

or information and instead submit a summary thereof. Such

CHAPTER VII

measures shall be exercised in a manner which is not

Applicability of International Law and Other Laws

prejudicial to or inconsistent with the rights of the accused

Section 15. Applicability of International Law.- In the application

and to a fair and impartial trial.

and interpretation of this Act, Philippine courts shall be guided by

Section 14. Reparations to Victims. - In addition to existing

the following sources:

provisions in Philippine law and procedural rules for reparations to

(a) The 1948 Genocide Convention;

victims, the following measures shall be undertaken:

(b) The 1949 Genava Conventions I-IV, their 1977

(a) The court shall follow the principles relating to the

Additional Protocols I and II and their 2005 Additional

reparations to, or in respect of, victims,including restitution,

Protocol III;

compensation and rehabilitation. On this basis, in its

(c) The 1954 Hague Convention for the Protection of

decision, the court may, wither upon request or on its own

Cultural Property in the Event of Armed Conflict, its First

motion in exceptional circumstances, determine the scope

Protocol and its 1999 Second Protocol;

and extent of any damage, loss and injury to, or in respect

(d) The 1989 Convention on the Rights of the Child and its

of, victims and state the principles on which it is

2000 Optional Protocol on the Involvement of Children in

acting;1avvphi1

Armed Conflict;

(b) The court may make an order directly against a

(e) The rules and principles of customary international law;

convicted person specifying appropriate reparations to, or

(f) The judicial decisions of international courts and

in respect of, victims, including restitution, compensation

tribunals;

and rehabilitation; and

(g) Relevant and applicable international human rights

(b) The accused, regardless of citizenship or residence, is

instruments;

present in the Philippines; or

(h) Other relevant international treaties and conventions

(c) The accused has committed the said crime against a

ratified or acceded to by the Republic of the Philippines;

Filipino citizen.

and

In the interest of justice, the relevant Philippine authorities may

(i) Teachings of the most highly qualified publicists and

dispense with the investigation or prosecution of a crime

authoritative commentaries on the foregoing sources as

punishable under this Act if another court or international tribunal

subsidiary means for the determination of rules of

is already conducting the investigation or undertaking the

international law.

prosecution of such crime. Instead, the authorities may surrender

Section 16. Suppletory Application of the Revised Penal Code

or extradite suspected or accused persons in the Philippines to

and Other General or Special Laws. - The provisions of the

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

Revised Penal Code and other general or special laws shall have

pursuant to the applicable extradition laws and treaties.

a suppletory application to the provisions of this Act.

No criminal proceedings shall be initiated against foreign nationals

suspected or accused of having committed the crimes defined and
penalized in this Act if they have been tried by a competent court
outside the Philippines in respect of the same offense and
acquitted, or having been convicted, already served their

CHAPTER VII

sentence.

JURISDICTION

Section 18. Philippine Court, Prosecutors and Investigators. - The

Section 17. Jurisdiction.- The State shall exercise jurisdiction over

Regional Trial Court of the Philippines shall have original and

persons, whether military or civilian, suspected or accused of a

exclusive jurisdiction over the crimes punishable under this Act.

crime defined and penalized in this Act, regardless of where the

Their judgments may be appealed or elevated to the Court of

crime is committed, provided, any one of the following conditions

Appeals and to the Supreme Court as provided by law.

is met:

The Supreme Court shall designate special courts to try cases

(a) The accused is a Filipino citizen;

involving crimes punishable under this Act. For these cases, the
Commission on Human Rights, the Department of Justice, the

Philippine National Police or other concerned law enforcement

agencies shall designate prosecutors or investigators as the case

VICENTE P. LADLAD,Petitioner,v. HON. THELMA BUNYI-

may be.

MEDINA, in her capacity as Presiding Judge of the Regional

The State shall ensure that judges, prosecutors and investigators,

Trial Court of Manila, Branch 32, and the PEOPLE OF THE

especially those designated for purposes of this Act, receive

PHILIPPINES,Respondents.

effective training in human rights, International Humanitarian Law

and International Criminal Law.

FACTS:
On 26 August 2006, a mass grave was discovered by elements of

CHAPTER IX

the 43rd Infantry Brigade of the Philippine Army at Sitio Sapang

FINAL PROVISIONS

Daco, Barangay Kaulisihan, Inopacan, Leyte.1The mass grave

Section 19. Separability Clause. - If, for any reason or reasons,

contained skeletal remains of 67 individuals believed to be victims

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

of "Operation Venereal Disease" (Operation VD) launched by

unconstitutional or invalid, other parts or provisions hereof which

members of the Communist Party of the Philippines/New Peoples

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

Army/National Democratic Front of the Philippines

effect.

(CPP/NPA/NDFP) to purge their ranks of suspected military

Section 20. Repealing Clause. - All laws, presidential decrees

informers.

and issuances, executive orders, rules and regulations or parts

thereof inconsistent with the provisions of this Statute are hereby

P C/Insp. Almaden of the (PNP) Regional Office 8 and Staff Judge

repealed or modified accordingly.

Advocate Captain Allan Tiu (Army Captain Tiu) of the 8th Infantry

Section 21. Effectivity. - This Act shall take effect fifteen (15) days

Division of the Philippine Army sent 12 undated letters to the

after its complete publication in the Official Gazette or in two (2)

Provincial Prosecutor of Leyte through Assistant Provincial

newspapers general circulation.

Prosecutor Rosulo U. Vivero (Prosecutor Vivero).The letters

requested appropriate legal action on 12 complaint-affidavits
attached therewith accusing 71 named members of the

2. Ocampo vs. Abando

Communist Party of the Philippines/New Peoples Army/National

Democratic Front of the Philippines (CPP/NPA/NDFP) of murder,

December 2006 during the preliminary investigation. However,

including petitioners herein along with several other unnamed

petitioner Ladlad did not file a counter-affidavit because he was

members.

allegedly not served a subpoena.

Also attached to the letters were the affidavits of Zacarias

In a Resolution, Prosecutor Vivero recommended the filing of an

Piedad,Leonardo C. Tanaid, Floro M. Tanaid, Numeriano

Information for 15 counts of multiple murder against 54 named

Beringuel, Glecerio Roluna and Veronica P. Tabara. They narrated

members of the CPP/NPA/NDFP, including petitioners herein

that they were former members of the CPP/NPA/NDFP.According

to them, Operation VD was ordered in 1985 by the

Prosecutor Vivero also recommended that Zacarias Piedad,

CPP/NPA/NDFP Central Committee.Allegedly, petitioners

Leonardo Tanaid, Numeriano Beringuel and Glecerio Roluna be

Saturnino C. Ocampo (Ocampo),Randall B. Echanis

dropped as respondents and utilized as state witnesses, as their

(Echanis),Rafael G. Baylosis (Baylosis),and Vicente P. Ladlad

testimonies were vital to the success of the prosecution.

(Ladlad)were then members of the Central Committee.

The Information was filed before the (RTC) of Hilongos, Leyte,
From 1985 to 1992, at least 100 people had been abducted, hog-

Branch 18 (RTC Hilongos, Leyte) presided by Judge Ephrem S.

tied, tortured and executed by members of the CPP/NPA/NDF

Abando (Judge Abando).

pursuant to Operation VD.

On 6 March 2007, Judge Abando issued an Order finding
On the basis of the 12 letters and their attachments, Prosecutor

probable cause "in the commission by all mentioned accused of

Vivero issued a subpoena requiring, among others, petitioners to

the crime charged." He ordered the issuance of warrants of arrest

submit their counter-affidavits and those of their

against them with no recommended bail for their temporary liberty.

witnesses.Petitioner Ocampo submitted his counteraffidavit.Petitioners Echanisand Baylosis did not file counter-

On 16 March 2007, petitioner Ocampo filed a special civil action

affidavits because they were allegedly not served the copy of the

for certiorari and prohibition under Rule 65 of the Rules of Court

complaint and the attached documents or evidence. Counsel of

seeking the annulment of the 6 March 2007 Order of Judge

petitioner Ladlad made a formal entry of appearance on 8

Abando and the Resolution of Prosecutor Vivero.The petition

prayed for the unconditional release of petitioner Ocampo from

PNP custody, as well as the issuance of a temporary restraining

Petitioner Ladlad and Baylosis filed an Urgent Motion to Fix Bail

order/ writ of preliminary injunction to restrain the conduct of

and a Motion to Allow Petitioner to Post Bail respectively.The OSG

further proceedings during the pendency of the petition.

interposed no objection to the grant of aP100,000 cash bail to

them. The Court granted the motions of petitioners Ladlad and

Petitioner Ocampo argued that a case for rebellion against him

Baylosis and fixed their bail in the amount ofP100,000, subject to

and 44 others (including petitioners Echanis and Baylosisand

the condition that their temporary release shall be limited to the

Ladlad) was then pending before the RTC Makati, Branch 150

period of their actual participation in the peace negotiations

(RTC Makati).Putting forward the political offense doctrine,

petitioner Ocampo argues that common crimes, such as murder in

ISSUE:

this case, are already absorbed by the crime of rebellion when

committed as a necessary means, in connection with and in

1. Whether or not petitioners were denied due process during

furtherance of rebellion.

preliminary investigation and in the issuance of the warrant

of arrest;

While the proceedings were suspended, petitioner Echanis was

2. Whether the murder charges against petitioners should be

arrested by virtue of the warrant of arrest issued by Judge

dismissed under the political offense doctrine.

Abando. On 1 February 2008, petitioners Echanis and Baylosis

filed a Motion for Judicial Reinvestigation/ Determination of

HELD: The petition was denied.

Probable Cause with Prayer to Dismiss the Case Outright and

POLITICAL LAW Due process

Alternative Prayer to Recall/ Suspend Service of Warrant.

A. Preliminary Investigation
"The essence of due process is reasonable opportunity to be

Judge Abando issued an Order denying the motion.Petitioners

heard and submit evidence in support of one's defense." What is

Echanis and Baylosis filed a Motion for Reconsideration but

proscribed is lack of opportunity to be heard. Thus, one who has

before being able to rule thereon, Judge Abando issued an Order

been afforded a chance to present ones own side of the story

transmitting the records of Criminal Case to the Office of the Clerk

cannot claim denial of due process.

of Court, RTC Manila.

Majority of the respondents did not submit their counter-affidavits

investigation. Instead, he refused to participate.

because they could no longer be found in their last known

address, per return of the subpoenas. On the other hand,

Neither can we uphold petitioner Ocampos contention that he was

Saturnino Ocampo @ Satur, Fides Lim, Maureen Palejaro and

denied the right to be heard. For him to claim that he was denied

Ruben Manatad submitted their Counter-Affidavits. However,

due process by not being furnished a copy of the Supplemental

Vicente Ladlad and Jasmin Jerusalem failed to submit the

Affidavit of Zacarias Piedad would imply that the entire case of the

required Counter Affidavits in spite entry of appearance by their

prosecution rested on the Supplemental Affidavit. The OSG has

respective counsels.

asserted that the indictment of petitioner Ocampo was based on

the collective affidavits of several other witnesses attesting to the

Section 3(d), Rule 112 of the Rules of Court, allows Prosecutor

allegation that he was a member of the CPP/NPA/NDFP Central

Vivero to resolve the complaint based on the evidence before him

Committee, which had ordered the launch of Operation VD.

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

reach a respondent were made, and he was given an opportunity

B. Issuance of the Warrants of Arrest

to present countervailing evidence, the preliminary investigation

remains valid.

Article III, Section 2 of the Constitution provides that "no search

warrant or warrant of arrest shall issue except upon probable

In this case, the Resolution stated that efforts were undertaken to

cause to be determined personally by the judge after examination

serve subpoenas on the named respondents at their last known

under oath or affirmation of the complainant and the witnesses he

addresses. This is sufficient for due process. It was only because

may produce."

a majority of them could no longer be found at their last known

addresses that they were not served copies of the complaint and

Petitioner Ocampo alleges that Judge Abando did not comply with

the attached documents or evidence.

the requirements of the Constitution in finding the existence of

probable cause for the issuance of warrants of arrest against

Petitioner Ladlad, through his counsel, had every opportunity to

petitioners.

secure copies of the complaint after his counsels formal entry of

appearance and, thereafter, to participate fully in the preliminary

Probable cause for the issuance of a warrant of arrest has been

defined as "such facts and circumstances which would lead a

Under the political offense doctrine, "common crimes, perpetrated

reasonably discreet and prudent man to believe that an offense

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

has been committed by the person sought to be arrested." Allado

as "common" offenses and assume the political complexion of the

v. Diokno, G.R. No. 113630, May 5, 1994.Although the

main crime of which they are mere ingredients, and, consequently,

Constitution provides that probable cause shall be determined by

cannot be punished separately from the principal offense, or

the judge after an examination under oath or an affirmation of the

complexed with the same, to justify the imposition of a graver

complainant and the witnesses, we have ruled that a hearing is

penalty." People v. Hernandez, 99 Phil. 515

not necessary for the determination thereof. In fact, the judges

personal examination of the complainant and the witnesses is not

Any ordinary act assumes a different nature by being absorbed in

mandatory and indispensable for determining the aptness of

the crime of rebellion.Thus, when a killing is committed in

issuing a warrant of arrest.

furtherance of rebellion, the killing is not homicide or murder.

Rather, the killing assumes the political complexion of rebellion as

It is enough that the judge personally evaluates the prosecutors

its mere ingredient and must be prosecuted and punished as

report and supporting documents showing the existence of

rebellion alone.

probable cause for the indictment and, on the basis thereof, issue
a warrant of arrest; or if, on the basis of his evaluation, he finds no

But when the political offense doctrine is asserted as a defense in

probable cause, to disregard the prosecutor's resolution and

the trial court, it becomes crucial for the court to determine

require the submission of additional affidavits of witnesses to aid

whether the act of killing was done in furtherance of a political

him in determining its existence. Delos Santos-Reyes v. Montesa,

end, and for the political motive of the act to be conclusively

Jr. 317 Phil. 101

demonstrated.

The determination of probable cause for the issuance of warrants

REMEDIAL LAW Amendment or Substitution

of arrest against petitioners is addressed to the sound discretion

Office of the Provincial Prosecutor of Zamboanga Del Norte v. CA,

of Judge Abando as the trial judge.

401 Phil 905 if during trial, petitioners are able to show that the

CRIMINAL LAW - political offense doctrine

alleged murders were indeed committed in furtherance of

rebellion, Section 14, Rule 110 of the Rules of Court provides the

remedy of Amendment or substitution.

compensation had already been fully satisfied by Japans

compliance with the Peace Treaty between the Philippines and

Thus, if it is shown that the proper charge against petitioners

Japan.

should have been simple rebellion, the trial court shall dismiss the

Hence, this petition where petitioners pray for this court to (a)

murder charges upon the filing of the Information for simple

declare that respondents committed grave abuse of discretion

rebellion, as long as petitioners would not be placed in double

amounting to lack or excess of discretion in refusing to espouse

jeopardy.

their claims for the crimes against humanity and war crimes
committed against them; and (b) compel the respondents to

3. Vinuya vs. Executive Secretary

espouse their claims for official apology and other forms of

FACTS:

reparations against Japan before the International Court of Justice

This is an original Petition for Certiorari under Rule 65 of the

(ICJ) and other international tribunals.

Rules of Court with an application for the issuance of a writ of

Respondents maintain that all claims of the Philippines and its

preliminary mandatory injunction against the Office of the

nationals relative to the war were dealt with in the San Francisco

Executive Secretary, the Secretary of the DFA, the Secretary of

Peace Treaty of 1951 and the bilateral Reparations Agreement of

the DOJ, and the OSG.

1956.

Petitioners are all members of the MALAYA LOLAS, a non-stock,

On January 15, 1997, the Asian Womens Fund and the Philippine

non-profit organization registered with the SEC, established for

government signed a Memorandum of Understanding for medical

the purpose of providing aid to the victims of rape by Japanese

and welfare support programs for former comfort women. Over

military forces in the Philippines during the Second World War.

the next five years, these were implemented by the Department of

Petitioners claim that since 1998, they have approached the

Social Welfare and Development.

Executive Department through the DOJ, DFA, and OSG,

requesting assistance in filing a claim against the Japanese
officials and military officers who ordered the establishment of the
comfort women stations in the Philippines. But officials of the
Executive Department declined to assist the petitioners, and took
the position that the individual claims of the comfort women for

ISSUE:

1.WON the Executive Department committed grave abuse of

power and the exercise of which may be determined by

discretion in not espousing petitioners claims for official apology

consideration of a political or other nature. Moreover, in the

and other forms of reparations against Japan.

invocation of jus cogens norms and erga omnes obligation of the

Philippines, the petitioners failed to show that the crimes

2. Was the refusal of the Executive Department to espouse

committed by the Japanese army violated jis cogens prohibitions

petitioners claims against Japan valid?

at the time the Treaty of Peace was signed, or that the duty to
prosecute perpetrators of international crimes in an erga omnes

RULING:
Yes, it was valid. It has the exclusive prerogative for such

obligation or has attained the status of jus cogens.)

RULING:

determination. So much so, the Philippines is not under any

1. Petition lacks merit. From a Domestic Law Perspective, the

international obligation to espouse petitioners claim. Given the

Executive Department has the exclusive prerogative to determine

extraordinary length of time that has lapsed between the treatys

whether to espouse petitioners claims against Japan.

conclusion, the Executive Department had the ample time

Political questions refer to those questions which, under the

to assess the foreign policy considerations of espousing a claim

Constitution, are to be decided by the people in their sovereign

against Japan, from the standpoint of both the interests of the

capacity, or in regard to which full discretionary authority has been

petitioners and those of the Republic, and decide on that basis if

delegated to

apologies are sufficient, and whether further steps are appropriate

government. It is concerned with issues dependent upon the

or necessary. Under international law, the only means available for

wisdom, not legality of a particular measure.

individuals to bring a claim within the international legal system

One type of case of political questions involves questions of

has been when the individual is able to persuade a government to

foreign relations. It is well-established that the conduct of the

bring a claim on the individuals behalf. When this happens, in the

foreign relations of our government is committed by the

eye of the international tribunal, the State is the soleclaimant.

Constitution to the executive and legislativethe political

Therefore, the State is the sole judge to decide whether its

departments of the government, and the propriety of what may be

protection in favor of those petitioners will be granted, to what

done in the exercise of this political power is not subject to judicial

extent it is granted, and when will it cease. It is a discretionary

inquiry or decision. are delicate, complex, and involve large

the

legislative

or executive

branch

of the

elements of prophecy. They are and should be undertaken only by

political branch to which authority to make that judgment has been

those directly responsible to the people whose welfare they

constitutionally committed.

advance or imperil.

From a municipal law perspective, certiorari will not lie. As a

But not all cases implicating foreign relations present political

general principle, where such an extraordinary length of time has

questions, and courts certainly possess the authority to construe

lapsed between the treatys conclusion and our consideration

or invalidate treaties and executive agreements. However, the

the Executive must be given ample discretion to assess the

question whether the Philippine government should espouse

foreign policy considerations of espousing a claim against Japan,

claims of its nationals against a foreign government is a foreign

from the standpoint of both the interests of the petitioners and

relations matter, the authority for which is demonstrably committed

those of the Republic, and decide on that basis if apologies are

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

sufficient, and whether further steps are appropriate or necessary.

In this case, the Executive Department has already decided that it

In the international sphere, traditionally, the only means available

is to the best interest of the country to waive all claims of its

for individuals to bring a claim within the international legal system

nationals for reparations against Japan in the Treaty of Peace of

has been when the individual is able to persuade a government to

1951. The wisdom of such decision is not for the courts to

bring a claim on the individuals behalf. By taking up the case of

question.

one of its subjects and by resorting to diplomatic action or

The President, not Congress, has the better opportunity of

international judicial proceedings on his behalf, a State is in reality

knowing the conditions which prevail in foreign countries, and

asserting its own right to ensure, in the person of its subjects,

especially is this true in time of war. He has his confidential

respect for the rules of international law.

sources of information. He has his agents in the form of

Within the limits prescribed by international law, a State may

diplomatic, consular and other officials.

exercise diplomatic protection by whatever means and to

The Executive Department has determined that taking up

whatever extent it thinks fit, for it is its own right that the State is

petitioners cause would be inimical to our countrys foreign policy

asserting. Should the natural or legal person on whose behalf it is

interests, and could disrupt our relations with Japan, thereby

acting consider that their rights are not adequately protected, they

creating serious implications for stability in this region. For the to

have no remedy in international law. All they can do is resort to

overturn the Executive Departments determination would mean

national law, if means are available, with a view to furthering their

an assessment of the foreign policy judgments by a coordinate

cause or obtaining redress. All these questions remain within the

province of municipal law and do not affect the position

Facts:

internationally.

Petitioner Tomoyuki Yamashita, the commanding general of the

Even the invocation of jus cogens norms and erga omnes

14th army group of the Japanese Imperial Army in the Philippines,

obligations will not alter this analysis. Petitioners have not shown

after his surrender became a prisoner of war of the United States

that the crimes committed by the Japanese army violated jus

of America but was later removed from such status and placed in

cogens prohibitions at the time the Treaty of Peace was signed, or

confinement as an accused war criminal charged before an

that the duty to prosecute perpetrators of international crimes is

American

an erga omnes obligation or has attained the status of jus cogens.

Lieutenant General Styer, Commanding General of the United

The term erga omnes (Latin: in relation to everyone) in

States Army Forces, Western Pacific.

international law has been used as a legal term describing

Filing for habeas corpus and prohibition against respondent, he

obligations owed by States towards the community of states as a

asks that he be reinstated to his former status as prisoner of war,

whole. Essential distinction should be drawn between the

and that the Military Commission be prohibited from further trying

obligations of a State towards the international community as a

him. He questions, among others, the jurisdiction of said Military

whole, and those arising vis--vis another State in the field of

Commission.

Military

Commission

constituted

by

respondent

diplomatic protection. By their very nature, the former are the

concern of all States. In view of the importance of the rights

Issue/s:

involved, all States can be held to have a legal interest in their

protection; they are obligations erga omnes.

1. Should the petitions for habeas corpus and prohibition be

The term jus cogens (literally, compelling law) refers to norms

granted in this case?

that command peremptory authority, superseding conflicting

2. Was the Military Commission validly constituted by respondent,

treaties

therefore having jurisdiction over the war crimes?

and

custom.

Jus cogens

norms

are

considered

peremptory in the sense that they are mandatory, do not admit

derogation, and can be modified only by general international
norms of equivalent authority
WHEREFORE, the Petition is hereby DISMISSED.
Yamashita vs Styer

Ruling:

1. NO.

commission is an aspect of waging war, military commanders

A petition for habeas corpus is improper when release of

have that power unless expressly withdrawn from them.

petitioner is not sought. It seeks no discharge of petitioner from

By the Articles of War, and especially Article 15, the Congress of

confinement but merely his restoration to his former status as a

the United States has explicitly provided, so far as it may

prisoner of war, to be interned, not confined. The relative

constitutionally do so, that military tribunals shall have jurisdiction

difference as to the degree of confinement in such cases is a

to try offenders or offenses against the laws of war in appropriate

matter of military measure, disciplinary in character, beyond the

cases.

jurisdiction of civil courts. Prohibition cannot issue against one not

made party respondent. Neither may the petition for prohibition
prosper against Lt. Gen. Wilhelm D. Styer. The Military
Commission is not made party respondent in this case, and
although it may be acting, as alleged, without jurisdiction, no order

Kuroda v. Jalandoni, G.R. No. L-2662, March 26, 1949

I.

may be issued in these case proceedings requiring it to refrain

from trying the petitioner.
The Court further ruled that it has no jurisdiction to entertain the
petition even if the commission be joined as respondent. As it has
said, in Raquiza vs. Bradford (pp. 50, 61, ante), . . . an attempt of
our civil courts to exercise jurisdiction over the United States Army
before such period (state of war) expires, would be considered as
a violation of this countrys faith, which this Court should not be
the last to keep and uphold.
2. YES.

THE FACTS
Petitioner Shigenori Kuroda, the Commanding General of

the Japanese Imperial Forces in the Philippines during the

Japanese occupation, was charged before the Philippine Military
Commission of war crimes. He questioned the constitutionality
of E.O. No. 68 that created the National War Crimes Office and
prescribed rules on the trial of accused war criminals. He
contended the Philippines is not a signatory to the Hague
Convention on Rules and Regulations covering Land Warfare and
therefore he is charged of crimes not based on law, national and
international.

Under the laws of war, a military commander has an

implied power to appoint and convene a military commission. This
is upon the theory that since the power to create a military

II.

THE ISSUES

President of the Philippines has acted in conformity with the

Was E.O. No. 68 valid and constitutional?

generally accepted and policies of international law which are part

of the our Constitution.

III. THE RULING

[The Court DENIED the petition and upheld the validity and
constitutionality of E.O. No. 68.]

Petitioner argues that respondent Military Commission has

no jurisdiction to try petitioner for acts committed in violation of the
Hague Convention and the Geneva Convention because the

YES, E.O. No. 68 valid and constitutional.

Philippines is not a signatory to the first and signed the second

only in 1947. It cannot be denied that the rules and regulation of

policy

Article 2 of our Constitution provides in its section 3, that

the Hague and Geneva conventions form, part of and are wholly

The Philippines renounces war as an instrument of national

based on the generally accepted principals of international law. In

and

adopts

the

generally

accepted

principles

of

international law as part of the law of the nation.

facts these rules and principles were accepted by the two

belligerent nations the United State and Japan who were
signatories to the two Convention. Such rule and principles

In accordance with the generally accepted principle of

therefore form part of the law of our nation even if the Philippines

international law of the present day including the Hague

was not a signatory to the conventions embodying them for our

Convention the Geneva Convention and significant precedents of

Constitution has been deliberately general and extensive in its

international jurisprudence established by the United Nation all

scope and is not confined to the recognition of rule and principle

those person military or civilian who have been guilty of planning

of international law as contained in treaties to which our

preparing or waging a war of aggression and of the commission of

government may have been or shall be a signatory.

crimes and offenses consequential and incidental thereto in

violation of the laws and customs of war, of humanity and
civilization are held accountable therefor. Consequently in the
promulgation and enforcement of Execution Order No. 68 the