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GENERAL NATURE AND DEFINITION OF HUMAN RIGHTS Human Rights  Those rights, which are inherent in our nature, and without which, we cannot live as human beings.
 Allow us to develop and use our human qualities, intelligence, talents

and conscience, and to satisfy our spiritual and other needs.  Supreme, inherent, and inalienable rights to life, dignity, and selfdevelopment.  The essence of these rights makes man human. Basic Characteristics of Human Rights: 1. Inherent  Not granted by any person or authority 2. Fundamental  Without them, the life and dignity of man will be meaningless 3. Inalienable  Cannot be rightfully taken away from a free individual  Cannot be given away or be forfeited 4. Imprescriptible  Cannot be lost even if man fails to use or assert them, even by a long passage of time 5. Indivisible  Not capable of being divided  Cannot be denied even when other rights have already been enjoyed 6. Universal  Applies irrespective of one’s origin, status, or condition or place where one lives

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 Rights can be enforced without national border 7. Interdependent  The fulfillment or exercise of one cannot be had without the realization of the other Human Rights Principles:  The dignity of man and human life is inviolable. From the dignity of man is derived the right of every person to free development of his personality.  A legitimate state should exist to assure that in the discharge of the governmental functions, the dignity that is the birthright of every human being is duly safeguarded. Classification of Rights: According to Source 1. Natural Rights  God-given rights, acknowledged by everybody to be morally good  Unwritten, but prevail as norms of the society 2. Constitutional Rights  Conferred and protected by the Constitution and which cannot be modified or taken away by the law-making body 3. Statutory Rights  Those rights which are provided by law promulgated by the lawmaking body  May be abolished by the body that created them According to Recipient 1. Individual Rights  Accorded to individuals 2. Collective Rights

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 Also called “people’s rights” or “solidarity rights”  Rights of the society, those that can be enjoyed only in company with others According to Aspect of Life 1. Civil Rights  Rights which the law will enforce at the instance of private individuals for the purpose of securing to them the enjoyment of their means of happiness  Partake of the nature of political rights when they are utilized as a means to participate in the government 2. Political Rights  Rights which enable us to participate in running the affairs of the government either directly or indirectly 3. Economic and Social Rights  Those which the law confers upon the people to enable them to achieve social and economic development 4. Cultural Rights
 Rights that ensure the well-being of the individual and foster the

preservation, enrichment, and dynamic evolution of national culture based on the principle of unity in diversity in a climate of free artistic and intellectual expression. According to Struggle for Recognition 1. First Generation Rights
 Civil and political rights which derives primarily from the 17 th and

18th centuries’ reformist theories  Conceives of human rights more in negative (“freedom from”) than positive (“rights to”) terms  Favors the abstention rather the intervention of government in the exercise of freedoms and in the quest for human dignity

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2. Second Generation Rights  Covers economic, social, and cultural rights which find their origin primarily in the socialist tradition  Conceives of human rights more in positive terms  Fundamental claims to social equality 3. Third Generation Rights  Covers collective rights According to Derogability 1. Absolute or Non-Derogable Rights  Those that cannot be suspended nor taken away nor

restricted/limited even in extreme emergency and even if the government invokes national security 2. Derogable or Can-Be-Limited Rights  May be suspended or restricted or limited depending on the circumstances which call for the preservation of social life  Must satisfy three requirements for it to be valid: i. It is provided for by law which is made known to every citizen; ii. There is a state of emergency which necessitates the urgent preservation of the public good, public safety, and public moral; iii. It does not exceed what is strictly necessary to achieve the purpose. Categories of Human Rights 1. Fundamental Freedom in Political Rights i. Freedom of conscience and religion ii. Freedom of thought, belief, opinion and expression iii. Freedom of the press and communication

and Security of the Person  Represent the core of fundamental rights which relate to the right to physical and personal integrity. and human dignity 2. freedom of peaceful assembly v. Right to vote and to participate in the electoral process ii. Freedom of movement within the country 4.5 iv. Presumption of innocence vi. Democratic Rights  Commonly exercised in a democratic state i. Right to fair and public trial v. consistent with human dignity i. Protection against unreasonable search and seizure iii. reputation. Freedom of association. Right against self-incrimination 6. Legal Rights  Constitute due process that can be invoked by persons accused i. Right to protection against political and other extrajudicial killings. Rights to privacy. Rights of Equality . the disappearances of persons. Mobility Rights  National and international in character i. Liberty. Right to Life. Right to counsel iv. Right to return to one’s country iii. and torture and other cruel inhuman or degrading treatment or punishment 5. Right to travel ii. Freedom from arbitrary arrest and detention ii. Right to participate in public or governmental affairs 3.

race. Right to organize unions iii.6  Also known as the right against discrimination  Everyone is equal before the law and is entitled to equal protection or the equal benefit of the law i. Right to physical and mental health iv. Right to an adequate standard of living. Prohibition of forced labor v. religion. Workers’ Rights i. protection and assistance to the family ii. Right to social security. ethnic origin. age. Protection against discrimination on the grounds of sex. Reproductive Rights . Right to association ii. Guarantee of minimum wages and other support 9. adequate food. Right to education v. clothing and housing iii. Right to bargain collectively iv. Social and Cultural Rights  Considered more of standards to be observed by the state i. Prohibition of employment of children vi. Aboriginal Rights  Associated with the rights of indigenous cultural tribes or communities 10. Right to be part of the artistic and scientific life of the country 8. social insurance. and political and social condition 7. marital status. Economic.

monitoring and test sampling of the leachate that seeps from the said dumpsite to the nearby creek which is a tributary of the Marilao river. Protection of ethnic.7 i. prompting the LLDA to issue another Cease and Desist Order. linguistic and religious minorities Laguna Lake Development Authority v. 1586. The leachate testing revealed the presence of bacteria. Protective Rights of Persons in Armed Conflicts  Provided in the international humanitarian law for the protection of children. 4850. Right of people to be free from colonial rule ii. 231 SCRA 292 Facts: A letter-complaint was filed with the Laguna Lake Development Authority (LLDA). and a clearance from the LLDA as required under Republic Act No. seeking to stop the operation of the open garbage dumpsite in the Tala Estate in Caloocan. Right of people to decide their own destiny 13. Thereafter. enforced the Order by prohibiting . the LLDA issued a Cease and Desist Order ordering that the dumping of any form or kind of garbage and other waste matter at the Caloocan dumpsite be completely stopped. Right to family planning 11. CA. The LLDA then conducted an on-site investigation. Minority Group Rights i. It was discovered that the open dumpsite did not have an Environmental Compliance Certificate from the Environmental Management Bureau of the Department of Environmental and Natural Resources. due to its harmful effects on the health of the residents and the possibility of pollution of the water content of the surrounding area. with the assistance of the Philippine National Police. the LLDA. Right to gender sensitivity and the biomedical technology iii. When talks on the dumpsite failed to settle the problem. the dumpsite was opened again. Right to found a family and bear children ii. women and non-combatants during internal armed conflicts 12. Right of Self-determination i. as required under Presidential Decree No. As a result.

The LLDA’s jurisdiction was validly invoked on the basis of the allegation that the open dumpsite of the City Government of Caloocan was undertaken without a clearance from the LLDA. and the prevention of undue ecological disturbances.8 the entry of all garbage dump trucks into the Caloocan dumpsite. and welfare of the residents therein and the sanitation and quality of the water in the area brought about by exposure to pollution caused by such open garbage dumpsite? YES. Pasay. Does the LLDA have the authority to entertain the complaint against the dumping of garbage in the open dumpsite in Caloocan authorized by its City Government which is allegedly endangering the health. deterioration and pollution. preservation of the quality of human life and ecological systems. and/or projects are related to those of the LLDA for the development of the region. As a general rule. Does the LLDA have the power and authority to issue a Cease and Desist Order to enjoin the dumping of garbage in the Tala Estate? . to pass upon and approve or disapprove all plans. In carrying out the national policy of promoting and accelerating the development and balanced growth of the Laguna Lake area and the surrounding provinces of Rizal and Laguna and the cities of San Pablo. the LLDA is mandated. The City Government of Caloocan then filed with the RTC of Caloocan City an action for the declaration of nullity of the Cease and Desist Order. by virtue of its special charter. and projects proposed by local government offices/agencies within the region. as required by RA 4850. Manila. It must be recognized that in this regard that the LLDA. public corporations. programs. 2. obviously has the responsibility to protect the inhabitants of the Laguna Lake region from the deleterious effects of pollutants emanating from the discharges of wastes from the surrounding areas. and sought to be declared as the sole authority empowered to promote the health and safety and enhance the right of the people in Caloocan City to a balanced ecology within its territorial jurisdiction. programs. safety. except in cases where the special law provides for another forum. among others. the adjudication of pollution cases generally pertains to the Pollution Adjudication Board. Quezon and Caloocan with due regard and adequate provisions for environmental management and control. Issues and Rulings: 1. and private persons or enterprises where such plans.

as a practical matter of procedure under the circumstances of the case. This is but in consonance with the declared policy of the state “to protect and promote the right to health of the people and instill health consciousness among them. insofar as the implementation of these projects is concerned.” It is to be borne in mind that the Philippines is party to the Universal Declaration of Human Rights and the Alma Conference Declaration of 1978 which recognize health as a fundamental human right.9 YES. They arose from the struggle of man against injustices of despotic rulers.  The struggle for the respect of human rights was originally a domestic or national issue. Although the LLDA was not expressly conferred the power to issue an ex parte cease and desist order in express terms. The LLDA’s charter is but a response to the demands of “the necessities of protecting vital public interests” which gives vitality to the abovementioned state policies and principles. Moreover. . Section 16 of Article II of the 1987 Constitution states that: “The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature. it carries the correlative duty of non-impairment. the LLDA’s issuance of one.” As a constitutionally guaranteed right of every person. whether by the government or the private sector. is a proper exercise of its power and authority under its charter and its amendatory laws. The provision which empowers the LLDA to instituted necessary legal proceedings against any person who shall commence to implement or continue implementation of any project. plan or program within the Laguna de Bay region without previous clearance from the LLDA was designed to invest the LLDA with sufficiently broad powers in the regulation of all projects initiated in the Laguna Lake region. THEORIES OF SOURCES AND DEVELOPMENT OF HUMAN RIGHTS History  Human rights were asserted by the citizens against tyrannical governments. HISTORY.

o Respect for human rights mainly concerns individuals without distinction as to nationality or citizenship. some religions even tolerate slavery. Theories of Sources of Rights: 1. Religious/Theological Approach o A basis of human rights theory stemming from a law higher than the state and whose source is the Supreme Being. discrimination against women. o Central to the doctrines of all religions is the concept of dignity of man as a consequence of human rights. And since rights come from a divine source. they are inalienable and cannot be denied by mortal beings. o Criticism: Some religions impose so many restrictions on individual penalty 2. Natural Law Theory o Originated from the Stoics and elaborated by Greek philosophers and later by ancient Roman law jurists. o Violation of human rights are offenses without borders. o Perceives that the conduct of men must always conform to the law of nature. freedom. o The belief of a universal common creation means a common humanity and consequently universal.10  The atrocities committed on masses of people during World War II have convinced international jurists that the protection of human rights should be an international concern.  Human rights are not concessions granted by human institutions or states. and imposition of the death . basic and fundamental rights. or any international organization as they are God-given rights. o The divine source gives human beings a high value of worth.

e. 4.11 o Natural law embodies those elementary principles of justice which were right reason. eternal. o A right is enjoyed only if it is recognized and protected by legislation promulgated by the state. whatever is disturbing to social harmony is wrong and unjust  John Locke – envisioned human beings in a state of nature. in accordance with nature. i. Historical Theory . liberty and property which are deemed natural rights o Became the basis of the natural rights of man against oppressive rulers o Nuremberg Trials – rationale for finding the Nazis guilty: the crimes committed were offenses against humanity and there is no need of a law penalizing the acts 3. where they enjoyed life. Positivist Theory/Legal Positivism o All rights and authority come from the state and what officials have promulgated. o The only law is what is commanded by the sovereign.. o Philosophers:  Thomas Aquinas – considered natural law as the law of right reason in accordance with the law of God. commonly known as the scholastic natural law  Hugo Grotius – the natural characteristics of human beings are the social impulse to live peacefully and in harmony with others whatever conformed to the nature of men as natural human beings was right and just. unalterable. o The source of human rights is to be found only in the enactment of a law with sanctions attached.

Utilitarian Theory o Seeks to define the notion of rights in terms of tendencies to promote specified ends such as common good. o Everyone is counted equally. 7. Individual freedom is recognized only after the interest of society is served. o Referred to as “parental” with the political body providing the guidance in value choice. but not treated equally. o Every human decision was motivated by some calculation of pleasure and pain. But the true choice is the government set by the state 6. o Human rights exist through gradual. o Concerned with economic and social rights over civil or political rights of community. Functional/Sociological Approach o Human rights exist as a means of social control. 5. spontaneous and evolutionary process without any arbitrary will of any authority. Theory of Marxism o Emphasizes the interest of society over an individual man’s interest.12 o Advocates that human rights are not deliberate creation or the effort of man but they have already existed through the common consciousness of the people of what is right and just. to serve the social interests of society. The goal is to promote the greatest happiness of the greatest number. . o Lays emphasis of obtaining a just equilibrium of multifarious interests among prevailing moral sentiments and the social and economic conditions of the time and place. o Requires the government to maximize the total net sum of citizens.

Theories of Justice o Each person possesses inviolability founded on justice. o The most important values are respect. knowledge. . 8.13 o An individual cannot be more important than the entire group. o The ultimate goal of this theory is a world community where there is democratic sharing and distribution of values. fair trial and access to courts. An act is good only when it takes into consideration the interests of the society and tends to augment the happiness of the entire community. 10. assembly. A man cannot simply live alone in disregard of his impulse to society. Theory Based on Dignity of Man/Policy Science Approach o Human rights means sharing values of all identified policies upon which human rights depend on. income and wealth and self-respect are to be distributed equally. Theory Based on Equality and Respect of Human Dignity o The recognition of individual rights in the enjoyment of the basic freedoms such as freedom of speech. o The rights secured for justice are not subject to political bargaining or to social interests. power. claims and demands. 9. health. o All available resources are utilized to the maximum and the protection of human dignity is recognized. o Each person has equal rights to the whole system of liberties. and security. There is no justice in a community where there are social and economic inequalities. o The composite society of which the individual is a unit has on its own wants. o The general conception of justice is one of fairness and those social primary goods such as opportunity. religion.

Human Rights Instruments to which The Philippines is a Signatory: 1. International Covenant on Civil and Political Rights (23 October 1986) 3. International Convention on the Suppression and Punishment of the Crime of Apartheid (27 July 1987) 6.  The Filipinos were again subjected to violation of human rights during the authoritarian rule of President Marcos. International Convention against Apartheid (27 July 1987) .14 o Governments must treat all their citizens equally. But these were immediately restored in 1945. Origin of Human Rights in the Philippines 20 June 1899 – Malolos Constitution: contained several provisions on civil and political rights 1902 – Philippine Bill of 1902 1916 – Philippine Autonomy Act of 1916/Jones Law 1934 – Philippine Independence Act of 1934/Tydings-McDuffee Law 1935 – First Philippine Constitution: contained Bill of Rights 1973 – Second Philippine Constitution 1983 – Present Philippine Constitution  From 1942 to 1944. Optional Protocol International Covenant on Civil and Political Rights (22 August 1989) 4. Social and Cultural Rights (7 June 1974) 2. the Filipinos were temporarily deprived of the enjoyment of the civil and political rights during the military rule of Japan. For this purpose. International Covenant of Economic. International Convention on the Elimination of All Forms of Racial Discrimination (15 September 1976) 5. which was terminated during the February 1986 revolution. the government must intervene in order to advance general welfare.

Convention on Non-applicability of Statutory Limitation on War Crimes and Crimes Against Humanity (15 May 1973) 22. formally constituted by President Aquino’s Executive Order No. Convention on the Rights of the Child (21 August 1990) 10. 19. The Convention on the Consent to Marriage. Convention on the Suppression of the Trafficking of Persons and the Exploitation of Others (19 September 1952) 14.15 7. 20. International Convention on the Protection of All Migrant Workers and Members of their Families (13 November 1993) 17. Inhuman. 163 . 11. Convention against Torture and other Cruel. Convention on the Political Rights of Women (12 September 1957) 9. 18. Slavery Convention of 1926 (12 July 1955) Protocol Amending the Slavery Convention (17 November 1965) Supplementary Convention on the Abolition of Slavery. Relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II) (11 July 1987) The Philippine Commission on Human Rights Creation: Mandated by the 1987 Constitution. International Convention on the Elimination of All Forms of Discrimination Against Women (5 August 1981) 8. Convention on the Nationality of Married Women Convention on the Status of Stateless Persons (22 June 1955) Convention Relating to the Status of Refugees (22 July 1981) Convention on the Prevention and the Punishment of the Crime of Genocide (7 July 1950) 21. Minimum Age for Marriage and Registration of Marriage (21 January 1965) 16. 12. the Slave Trade and Institutions and Practices (17 November 1965) 13. or Degrading Treatment or Punishment (18 June 1986) 15. Protocol Additional to the Geneva Convention of 12 August 1949.

or agency in the performance of its functions. (5)Establish a continuing program of research. and information to enhance respect for the primacy of human rights. Commission on Human Rights. (9)Request the assistance of any department. office. prisons. XIII. education. (7)Monitor the Philippine Government’s compliance with international treaty obligations on human rights. on its own or on complaint by any party. Cariño v. bureau. and (11) Perform such other duties and functions as may be provided by law. (4)Exercise visitorial powers over jails. 1987 Constitution) Powers and Functions: (Section 18. (8)Grant immunity from prosecution to any person whose testimony or whose possession of documents or other evidence is necessary or convenient to determine the truth in any investigation conducted by it or under its authority. Art. as well as Filipinos residing abroad. 204 SCRA 483 .16 Composition and Qualifications: One Chairman and four Members. all forms of human rights violations involving civil and political rights. (2)Adopt its operational guidelines and rules of procedure. who must be natural-born citizens of the Philippines and a majority of whom shall be members of the Bar (Section 17. (10) Appoint its officers and employees in accordance with law. or detention facilities. (3)Provide appropriate legal measures for the protection of human rights of all persons within the Philippines. and cite for contempt for violations thereof in accordance with the Rules of Court. or their families. Art. (6)Recommend to Congress effective measures to promote human rights and to provide for compensation to victims of violations of human rights. and provide for preventive measures and legal aid services to the under-privileged whose human rights have been violated or need protection. 1987 Constitution) (1)Investigate. XIII.

and temporarily replaced. properly speaking. receive evidence and make findings of fact as regards claimed human rights violations involving civil and political rights. NO. Helen Lupo. and del Castillo. The Constitution clearly and categorically grants to the CHR the power to investigate all forms of human rights violations involving civil and political . The CHR was not meant by the Constitution to be another court or quasi-judicial agency in this country. Luz del Castillo. The function of receiving evidence and ascertaining therefrom the facts of a controversy is not a judicial function. the faculty of receiving evidence and making factual conclusions in a controversy must be accompanied by the authority of applying the law to those factual conclusions to the end that the controversy may be decided or determined authoritatively. The eight teachers then complained to the Commission on Human Rights on the ground that they were denied due process. and the 9-month suspensions of Babaran. subject to such appeals or modes of review as may be provided by law. the Commission does not have. namely Graciano Budoy. Fact finding is not adjudication. certain specific type of cases. W/N the CHR has the power under the Constitution to try and decide. and cannot be likened to the judicial function of a court of justice. Elsa Ibabao. led by their counsel.17 Facts: For joining the concerted mass actions of public teachers and for failure to heed the return-to-work order issued by DECS Secretary Cariño. eight teachers from the Ramon Magsaysay High School. Thereafter. finally and definitively. Julieta Babaran. Issue and Ruling: 1. subsequently staged a walkout signifying their intent to boycott the proceedings. Budoy. like alleged human rights violations involving civil or political rights.e. Elsa Reyes and Apolinario Esber were administratively charged. The said eight teachers. The most that may be conceded to the CHR in the way of adjudicative power is that it may investigate. Secretary Cariño rendered a decision ordering the dismissal from service of Esber.. Secretary Cariño filed a motion to dismiss with the CHR on the ground that the CHR had no jurisdiction over the case. To be considered such. i. This function. to repeat. Amparo Gonzales. preventively suspended for 90 days. or even a quasi-judicial agency or official. or hear and determine.

with the warning that violation of said Order would lead to a citation for contempt and arrest. these terms have well understood and quite distinct meanings. 229 SCRA 7 Facts: A Demolition Notice was sent by the Office of the Quezon City Mayor to the officers and members of the North EDSA Vendors Association (NEVA). Notwithstanding said Order.18 rights. office. questioning the CHR’s jurisdiction. of Quezon City to stop the demolition of their stalls. cite for contempt in accordance with the Rules of Court. The QC Officers filed a motion to dismiss. Whether in the popular or in the technical sense. In the course of any investigation conducted by it or under its authority. the QC Officers carried out the demolition of the stalls. in the conduct of its investigation or in extending such remedy as may be required by its findings. But it cannot try and decide cases (or hear and determine causes) as courts of justice. It may exercise that power pursuant to such rules of procedure as it may adopt and.” The NEVA. led by the President Roque Fermo. in cases of violations of said rules. It may also request the assistance of any department.00 in favor of the vendors to purchase light housing materials and food under the CHR’s supervision and again directed the QC Officers to desist from further demolition. Commission on Human Rights. sari-sari stores. and carinderia. Subsequently. The CHR subsequently issued an Order directing the QC Officers to desist from demolishing the stalls and shanties at North EDSA pending resolution of the vendors’ complaint before the Commission. filed a letter-complaint with the CHR. prompting the CHR to order the disbursement of financial assistance of not more than P200.000. which gave the latter three days to vacate their stalls in order to give way to the “People’s Park. It can exercise that power on its own initiative or complaint of any person. sari-sari stores. To investigate is not to adjudicate or adjudge. Jr. it may grant immunity from prosecution to any person whose testimony or whose possession of documents or other evidence is necessary or convenient to determine the truth. Simon v. and carinderia along EDSA. bureau. or even quasi-judicial bodies do. or agency in the performance of its functions. the CHR cited the QC . asking that a letter be addressed to then Mayor Brigido Simon.

W/N the CHR has jurisdiction to impose a fine of P500. NOTE: Human rights seems to closely identify with the universally accepted traits and attributes of an individual.00 on each of them. its power to cite or hold any person in direct or indirect contempt. and to impose the appropriate penalties in accordance with the procedure and sanctions provided for in the Rules of Court.19 Officers in contempt for carrying out further demolition on the stalls.00 on each of the QC Officers. NO. Issues and Ruling: 1. along with what is generally considered to be his inherent and inalienable rights. 2. W/N the CHR has jurisdiction to investigate the violation of the rights of those vendors whose stalls were demolished by the QC Officers at the instance and authority given by N Mayor of QC. sari-sari stores. The order for the demolition of the stalls. THE INTERNATIONAL BILL OF HUMAN RIGHTS Main objective of the United Nations: the recognition and respect of human rights . and accordingly. Although the CHR is constitutionally authorized to adopt its operational guidelines and rules of procedure. encompassing almost all aspects of life. the power to cite in contempt should be understood to apply only to violations of its adopted operational guidelines and rules of procedure essential to carry out its investigatorial powers. The order to desist is not investigatorial in character but prescinds from an adjudicative power that it does not possess. the CHR acted within its authority in providing in its revised rules. and carinderia despite the order to desist. NO. and imposed a fine of P500. sari-sari stores and carinderia of the vendors does not fall within the compartment of “human rights violations involving civil and political rights” intended by the Constitution. and cite for contempt for violations thereof in accordance with the Rules of Court.

with the approval of the General Assembly. which provides for the clear legal obligation of all members to pledge themselves and take joint and separate actions in cooperation with the UN for the advancement of the purposes set forth in Article 55(c) 4. language. which provides that the Economic and Social Council. Article 56.20 Purpose of the UN: the promotion and encouragement of respect for human rights and for fundamental freedoms for all without distinction as to race. which mandates the Trusteeship System to encourage respect for the human rights and for fundamental freedom for all without distinction as to race. language. Article 13. may perform services at the request of any member state  Basis for the advisory services program on human rights such as providing experts or granting fellowships or organizing seminars NOTE: In fine. UN Commission on Human Rights . which states that the Economic and Social Council may make recommendations for the purpose of promoting respect for an observance for human rights and fundamental freedom for all 5. Article 55(c). Article 69(2). or religion The UN Charter contains at least seven articles on human rights: 1. Article 76. sex. sex. or religion and to encourage recognition of the interdependence of the peoples of the world 6. which suggests to the General Assembly to discuss any matter within the scope of the Charter which may concern human rights 7. Article 62(2). every article in the UN Charter which refers to the purposes of the UN is deemed to include the promotion of human rights. which commits the UN to promote universal respect for an observance of human rights and fundamental freedoms 3. which directs the General Assembly the task of initiating studies and recommendations for the purpose of assisting in the realization of human rights and fundamental freedom 2. Article 10.

economic and other forms of assistance to colonial and racist regimes o The rights of ethnic. religion and the administration of justice o The adverse consequences for human rights caused by political. military. protect minority rights and fundamental freedoms  Special rapporteurs or working groups are appointed to deal with special topics o Discrimination in education. including the investigation of all allegations of human rights violations  Coordinates activities relating to human rights through the UN System  Sub-commissions of independent experts are elected and empowered to undertake studies and to make recommendations to prevent discrimination. social and cultural rights o The rights of indigenous populations o The new international economic order and the promotion of human rights o The right to adequate food as a human right o The exploitation of child labor The Declaration of Human Rights  A mere declaration of norms to serve as a common standard of achievement for all nations . and linguistic minorities o Issues related to self-determination o The realization of economic.21  Formally established by the Economic and Social Council to assist in all matters relating in human rights  Composed of 43 members  Deals with all aspects of human rights issues involving the participation of all sectors of the international committee  Undertakes special tasks assigned to it by the General Council. religious.

No one shall be subjected to torture or to cruel. birth or other status. whether it be independent. color. jurisdictional. without distinction. sex. language. without distinction of any kind. All human beings are born free and equal in dignity and rights. Furthermore. and security of person. Article 6. Article 3. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. Article 4. Freedom and Equality  First eight articles emphasize that all human beings. such as race.22  UN did not direct its members to enforce them. national or social origin. no sanctions or enforcement machinery was set up  Article 55 of the UN Charter directs members to pledge themselves to the joint and separate action in cooperation with the UN to achieve universal respect for an observance of human rights and fundamental freedoms  Although it is not a legally binding document. slavery and the slave trade shall be prohibited in all their forms. liberty. Article 7. Article 2. All are equal before the law and are entitled without any discrimination to equal protection of the law. religion. trust. Article 5. most nations have recognized the principles of the Declaration which have gained moral weight and persuasion in the domestic offices  Its principles have been adopted in most state constitutions 1. Everyone is entitled to all the rights and freedoms set forth in this Declaration. Everyone has the right to life. political or other opinion. or international status of the country or territory to which a person belongs. Everyone has the right to recognition everywhere as a person before the law. are born free and equal in dignity and rights Article 1. no distinction shall be made on the basis of the political. nonself-governing or under any other limitation of sovereignty. No one shall be held in slavery or servitude. property. All are entitled to equal . inhuman or degrading treatment or punishment.

and Recognition of Persons Article 4. at the time when it was committed. Article 12. Article 9. Article 5. Article 14. supra. Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal. Article 8. Article 10. Liberty. 2. detention or exile. . (1)Everyone charged with a penal offense has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defense. nor to attacks upon his honor and reputation. Security. supra. Article 7. No one shall be subjected to arbitrary arrest. Everyone has the right to the protection of the law against such interference or attacks. (2)No one shall be held guilty of any penal offense on account of any act or omission which did not constitute a penal offense. Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law. family. supra. supra. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offense was committed. No one shall be subjected to arbitrary interference with his privacy. (1)Everyone has the right to seek and enjoy in other countries asylum from persecution. home or correspondence.23 protection against any discrimination in violation of this Declaration and against any incitement to such discrimination. in the determination of his rights and obligations and of any criminal charge against him. Article 11. Article 6. under national or international law.

5.24 (2)This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations. nationality or religion. (1)Everyone has the right to freedom of movement and residence within the borders of each state. including his own. without any limitation due to race. have the right to marry and found a family. (1)Everyone has the right to a nationality. Right to Privacy Article 12. 4. (1)Men and women of full age. (3)The family is the natural and fundamental group unit of society and is entitled to protection by society and the State. Article 13. They are entitled to equal rights as to marriage. during marriage and at its dissolution. Nationality and the Family Article 15. supra. 3. (2)Marriage shall be entered into only with the free and full consent of the intending spouses. (2)No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality. Right to Own Property . Article 16. and to return to his country. (2)Everyone has the right to leave any country.

and Religion Article 18. (1)Everyone has the right to own property alone as well as in association with others (2)No one shall be arbitrarily deprived of his property. Social. of the economic. conscience and religion. to just and favorable conditions of work and to protection against unemployment. (3)Everyone who works has the right to just and favorable remuneration ensuring for himself and his family an existence worthy of human . (1)Everyone has the right to work. has the right to social security and is entitled to realization. worship and observance. through national effort and international cooperation and in accordance with the organization and resources of each State.25  Ownership of external goods assures a person a highly necessary sphere for the exercise of his personal and family autonomy and ought to be considered as an extension of human freedom. and freedom. to manifest his religion or belief in teaching. and Cultural Rights Article 22. to free choice of employment. Conscience. Freedom of Thought. receive and impart information and ideas through any media and regardless of frontiers. social and cultural rights indispensable for his dignity and the free development of his personality. Article 17. Economic. (2)Everyone. without any discrimination. Everyone. Everyone has the right to freedom of thought. has the right to equal pay for equal work. Article 19. this right includes freedom to change his religion or belief. 7. either alone or in community with others and in public or private. practice. Everyone has the right to freedom of opinion and expression. Article 23. 6. this right includes freedom to hold opinions without interference and to seek. as a member of society.

old age or other lack of livelihood in circumstances beyond his control. It shall promote understanding. tolerance. including food. racial or religious groups. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit. at least in the elementary and fundamental stages. Article 25. shall enjoy the same social protection. Rights to Education and Cultural Development Article 26. (1)Everyone has the right to education. if necessary. and friendship among all nations. sickness. and shall further the activities of the United Nations for the maintenance of peace. Article 24. and the right to security in the event of unemployment. Education shall be free. including reasonable limitation of working hours and periodic holidays with pay. All children. disability. (2)Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms.26 dignity. and supplemented. widowhood. . (4)Everyone has the right to form and join trade unions for the protection of his interests. by other means of social protection. (3)Parents have a prior right to choose the kind of education that shall be given to their children. whether born in or out of wedlock. housing and medical care and necessary social services. Elementary education shall be compulsory. Everyone has the right to rest and leisure. (2)Motherhood and childhood are entitled to special care and assistance. (1)Everyone has a right to a standard of living adequate for the health and well-being of himself and of his family. 8. clothing.

(2)In the exercise of his rights and freedoms. (1)Everyone has duties to the community in which alone the free and full development of his personality is possible. Nothing in this Declaration may be interpreted as implying for any State. Development of Personality Article 28. 9. public order and the general welfare in a democratic society. everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality. (2)No one may be compelled to belong to an association. 10. to enjoy the arts and to share in scientific advancement and its benefits. (1)Everyone has the right to freedom of peaceful assembly and association.27 Article 27. or artistic production of which he is the author. Other Rights . literary. (2)Everyone has the right to the protection of the moral and material interests resulting from any scientific. group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein. Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized. (3)These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations. (1)Everyone has the right freely to participate in the cultural life of the community. Article 30. Article 20. Article 29.

par. The International Covenant on Economic. 7 of the UN Charter. The Universal Declaration of Human Rights  The ICESCR and the ICCPR are legally binding on the States that ratify them. (1)Everyone has the right to take part in the government of his country. The International Bill of Human Rights  Composed of 1. The International Covenant on Civil and Political Rights (ICCPR) 3. and Cultural Rights reviews the States Parties programs o ICCPR – Human Rights Committee. this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures. directly or through freely chosen representatives. Social and Cultural Rights (ICESCR) 2.  Mechanisms through which the ICESCR and the ICCPR are enforced: o ICESCR – Committee on Economic. (3)The will of the people shall be the basis of the authority of government.28 Article 21. an independent body of experts Hindrances in the Implementation of Human Rights Instruments 1. Article 2. Authoritarian regimes headed by dictators and ruthless leaders 2. Social. which states that: “Nothing contained in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state or shall require the Members to submit such matters to settlement under the present . (2)Everyone has the right of equal access to public service in his country.

This Act shall be known as the "Philippine Act on Crimes Against International Humanitarian Law. Section 2. Short Title. social and cultural rights have no fixed and well-defined forum to redress violations 5.29 Charter. adopts the generally accepted principles of international law as part of the law of the land and adheres to a policy of peace. and Other Crimes Against Humanity". (a) The Philippines renounces war as an instrument of national policy. ORGANIZING JURISDICTION. Provisions in international treaties that are not self-executing  They cannot be applied unless implementing local legislations are enacted 4. . equality. including the rights of indigenous cultural . Economic. DESIGNATING SPECIAL COURTS. but this principle shall not prejudice the application of enforcement measures under Chapter VII. Declaration of Principles and State Policies. freedom. cooperation and amity with all nations. (b) The state values the dignity of every human person and guarantees full respect for human rights. justice.” 3. Genocide. GENOCIDE AND OTHER CRIMES AGAINST HUMANITY. Human rights violations are rarely reported REPUBLIC ACT NO. 9851 AN ACT DEFINING AND PENALIZING CRIMES AGAINST INTERNATIONAL HUMANITARIAN LAW. AND FOR RELATED PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: CHAPTER I INTRODUCTORY PROVISIONS Section 1.

it being the duty of every State to exercise its criminal jurisdiction over those responsible for international crimes. It shall ensure that the legal systems in place provide accessible and gender-sensitive avenues of redress for victims of armed conflict. the Geneva Conventions on the protection of victims of war and international humanitarian law. such as women and children. For purposes of this Act. witnesses and their families. including the Hague Conventions of 1907. (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 at the national level. as part of the law our nation.30 communities and other vulnerable groups. and provide appropriate redress to victims and their families. and (g)The State recognizes that the application of the provisions of this Act shall not affect the legal status of the parties to a conflict. (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 national and international law and standards for fair trial. the term: (a) "Apartheid' means inhumane acts committed in the context of an institutionalized regime of systematic oppression and domination by . (d) The state adopts the generally accepted principles of international law. (c) It shall be the responsibility of the State and all other sectors concerned to resolved armed conflict in order to promote the goal of "Children as Zones of Peace". in order to put an end to impunity for the perpetrators of these crimes and thus contribute to the prevention of such crimes. nor give an implied recognition of the status of belligerency CHAPTER II DEFINITION OF TERMS Section 3. It shall also protect victims.

detention. or non-international. (c) "Armed conflict" means any use of force or armed violence between States or a protracted armed violence between governmental authorities and organized armed groups or between such groups within that State: Provided. to a situation to which the Geneva Conventions of 12 August 1949. isolated and sporadic acts of violence or other acts of a similar nature. (g) "Enforced or involuntary disappearance of persons" means the arrest. It does not cover internal disturbances or tensions such as riots. or abduction of persons by. or with the authorization support or acquiescence of. or may give rise. (f) "Effective command and control" or " effective authority and control" means having the material ability to prevent and punish the commission of offenses by subordinates. a State or a political organization followed . (d) "Armed forces" means all organized armed forces. between governmental authorities and organized armed groups or between such groups within a state. that is. Such armed forces shall be subject to an internal disciplinary system which enforces compliance with International Humanitarian Law (e) "Attack directed against any civilian population" means a course of conduct involving the multiple commission of acts referred to in Section 6 of this Act against any civilian population. between two (2) or more States. groups and units that belong to a party to an armed conflict which are under a command responsible to that party for the conduct of its subordinates. including belligerent occupation. Armed conflict may be international. that is.31 one racial group or groups and committed with the intention of maintaining that regime (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 in which they are lawfully present. That such force or armed violence gives rise. pursuant to or in furtherance of a State or organizational policy to commit such attack. including their common Article 3. apply. without grounds permitted under domestic or international law.

with the intent of affecting the ethnic composition of any population carrying out other grave violations of international law. (j) " Forced pregnancy" means the unlawful confinement of a women to be forcibly made pregnant. (k) "Hors de Combat" means a person who: (1) is in the power of an adverse party. calculated to bring about the destruction of a part of a population. (i) "Extermination" means the international infliction of conditions of life. the deprivation of access to food and medicine. as well as mobile weapons and mobile military equipment. with the intention of removing from the protection of the law for a prolonged period of time (h) "Enslavement" means the exercise of any or all of the powers attaching to the right of ownership over a person and includes the exercise of such power in the course of trafficking in persons. or (3) has been rendered unconscious or otherwise incapacitated by wounds or sickness and therefore is incapable of defending himself: Provided. must have been evacuated. (2) has clearly expressed an intention to surrender. the person form any hostile act and does not attempt to escape. inter alia. that in any of these cases. in particular women and children. . (l) "Military necessity" means the necessity of employing measures which are indispensable to achieve a legitimate aim of the conflict and are not otherwise prohibited by International Humanitarian Law (m) "Non-defended locality" means a locality that fulfills the following conditions: (1) all combatants.32 by a refusal to acknowledge that deprivation of freedom or to give information on the fate or whereabouts of those persons.

(4) feigning civilian or noncombatant status. with the intent to betray that confidence. (q) "Protect person" in an armed conflict means: (1) a person wounded. emblems or uniforms of the United Nations or of a neutral or other State not party to the conflict. and (5) feigning protective status by use of signs. (3) feigning incapacitation by wounds or sickness. and (4) no activities in support of military operations. (n) "No quarter will be given' means refusing to spare the life of anybody. sick or shipwrecked. (2) a prisoner of war or any person deprived of liberty for reasons related to an armed conflict. (3) no acts of hostility must have been committed by the authorities or by the population. including but not limited to: (1) feigning an intent to negotiate under a flag of truce. must have been undertaken. or is obliged to accord. whether civilian or military. (2) feigning surrender. (o) "Perfidy" means acts which invite the confidence of an adversary to lead him/her to believe he/she is entitled to. (p) "Persecution" means the international and severe deprivation of fundamental rights contrary to international law by reason of identity of the group or collectivity. . even of persons manifestly unable to defend themselves or who clearly express their intention to surrender. protection under the rules of International Humanitarian Law.33 (2) no hostile use of fixed military installations or establishments must have been made.

before the beginning of hostilities. upon a person in the custody or under the control of the accused. (4) a person who. . mental. lawful sanctions. and nuclear. dikes. was considered a stateless person or refugee under the relevant international instruments accepted by the parties to the conflict concerned or under the national legislation of the state of refuge or state of residence. except that torture shall not include pain or suffering arising only from. or (6) a member of the religious personnel who is exclusively engaged in the work of their ministry and attached to the armed forces of a party to the conflict. or psychological. (t) "Works and installations containing dangerous forces" means works and installations the attack of which may cause the release of dangerous forces and consequent severe losses among the civilian population.34 (3) a civilian or any person not taking a direct part or having ceased to take part in the hostilities in the power of the adverse party. electrical generation stations. in as much as the crimes arose from activities within the effective authority and control of that superior. or (2) any other superior. namely: dams. (5) a member of the medical personnel assigned exclusively to medical purposes or to the administration of medical units or to the operation of or administration of medical transports. or non-denominational. inherent in or incidental to. whether physical. (r) " Superior" means: (1) a military commander or a person effectively acting as a military commander. its medical units or medical transports. noncombatant military personnel carrying out functions similar to religious personnel. (s) "Torture" means the intentional infliction of severe pain or suffering.

War Crimes. (7) Taking of hostages. GENOCIDE AND OTHER CRIMES AGAINST HUMANITY Section 4. "war crimes" or "crimes against Interntional Human Humanitarian Law" means: (a) In case of an international armed conflict . and . grave breaches of the Geneva Conventions of 12 August 1949. (5) Willfully depriving a prisoner of war or other protected person of the rights of fair and regular trial. (3) Willfully causing great suffering. including biological experiments.35 CHAPTER III CRIMES AGAINST INTERNATIONAL HUMANITARIAN LAW. (2) Torture or inhuman treatment. any of the following acts against persons or property protected under provisions of the relevant Geneva Convention: (1) Willful killing. or serious injury to body or health. . (4) Extensive destruction and appropriation of property not justified by military necessity and carried out unlawfully and wantonly. (8) Compelling a prisoner a prisoner of war or other protected person to serve in the forces of a hostile power.For the purpose of this Act. (6) Arbitrary deportation or forcible transfer of population or unlawful confinement. namely.

(b) In case of a non-international armed conflict. medical units and transport. any of the following acts committed against persons taking no active part in the hostilities. within the established framework of international law. material. namely: (1) Internationally directing attacks against the civilian population as such or against individual civilians not taking direct part in hostilities. mutilation. that is. in particular. serious violations of common Article 3 to the four (4) Geneva Conventions of 12 August 1949. material. (2) Committing outrages upon personal dignity. (3) Intentionally directing attacks against buildings. detention or any other cause. (4) Intentionally directing attacks against personnel. units or vehicles involved in a humanitarian assistance . affording all judicial guarantees which are generally recognized as indispensable. in particular. installations. willful killings. namely . and (4) The passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court. object which are not military objectives. (1) Violence to life and person.36 (9) Unjustifiable delay in the repatriation of prisoners of war or other protected persons. (2) Intentionally directing attacks against civilian objects. and personnel using the distinctive emblems of the Geneva Conventions or Additional Protocol III in conformity with intentional law. (3) Taking of hostages. wounds. (c) Other serious violations of the laws and customs applicable in armed conflict. humiliating and degrading treatment. including member of the armed forces who have laid down their arms and those placed hors de combat by sickness. cruel treatment and torture.

(6) Launching an attack against works or installations containing dangerous forces in the knowledge that such attack will cause excessive loss of life. (8) Killing or wounding a person in the knowledge that he/she is hors de combat. In case of doubt whether such building or place has been used to make an effective contribution to military action. hospitals and places where the sick and wounded are collected. or making non-defended localities or demilitarized zones the object of attack. has surrendered at discretion. as well as of the distinctive emblems of the Geneva Conventions or other protective signs under International Humanitarian Law.37 or peacekeeping mission in accordance with the Charter of the United Nations. education. and causing death or serious injury to body or health . dwellings or buildings which are undefended and which are not military objectives. by whatever means. villages. as ling as they are entitled to the protection given to civilians or civilian objects under the international law of armed conflict. (5) Launching an attack in the knowledge that such attack will cause incidental loss of life or injury to civilians or damage to civilian objects or widespread. . of the flag or the military insignia and uniform of the enemy or of the United Nations. provided they are not military objectives. injury to civilians or damage to civilian objects. resulting in death. serious personal injury or capture. (10) Intentionally directing attacks against buildings dedicated to religion. having laid down his/her arms or no longer having means of defense. historic monuments. art. including a combatant who. it shall be presumed not to be so used. (9) Making improper use of a flag of truce. long-term and severe damage to the natural environment which would be excessive in relation to the concrete and direct military advantage anticipated. (7) Attacking or bombarding. science or charitable purposes. towns.

wounding or capturing an adversary by resort to perfidy. (14) Destroying or seizing the enemy's property unless such destruction or seizure is imperatively demanded by the necessities of war. (18) Commiting outrages upon personal dignity. (17) Transferring. by the occupying power of parts of its own civilian population into the territory it occupies. areas or military forces immune from military operations. (15) Pillaging a town or place. or the deportation or transfer of all or parts of the population of the occupied territory within or outside this territory. sexual slavery. unless the security of the civilians involved or imperative military reasons so demand. (12) Killing. in particular. enforced prostitution. enforced sterilization. . and which cause death to or seriously endanger the health of such person or persons. (19) Commiting rape. (20) Utilizing the presence of a civilian or other protected person to render certain points. dental or hospital treatment of the person concerned nor carried out in his/her interest. or to removal of tissue or organs for transplantation. (13) Declaring that no quarter will be given. (16) Ordering the displacements of the civilian population for reasons related to the conflict. which are neither justified by the medical. even when taken by assault.38 (11) Subjecting persons who are in the power of an adverse party to physical mutilation or to medical or scientific experiments of any kind. humiliating and degrading treatments. or any other form of sexual violence also constituting a grave breach of the Geneva Conventions or a serious violation of common Article 3 to the Geneva Convensions. forced pregnancy. directly or indirectly.

enlisting or recruiting children under the age of fifteen (15) years into the national armed forces. compelling the nationals of the hostile party to take part in the operations of war directed against their own country. such as bullets with hard envelopes which do not entirely cover the core or are pierced with incisions. poisonous or other gases. materials or devices. including willfully impeding relief supplies as provided for under the Geneva Conventions and their Additional Protocols. and (25) Employing means of warfare which are prohibited under international law. such as: (i) Poison or poisoned weapons. even if they were in the belligerent's service before the commencement of the war.39 (21) Intentionally using starvation of civilians as a method of warfare by depriving them of objects indespensable to their survival. and (iv) Weapons. enlisting or recruiting children under the age of eighteen (18) years into an armed force or group other than the national armed forces. (iii) Bullets which expand or flatten easily in the human body. and all analogous liquids. projectiles and material and methods of warfare which are of the nature to cause superfluous injury or unecessary suffering or which are inherently . (24) Commiting any of the following acts: (i) Conscripting. suspended or inadmissible in a court of law the rights and actions of the nationals of the hostile party. (22) In an international armed conflict. (ii) Conscripting. (23) In an international armed conflict. (ii) Asphyxiating. declaring abolished. and (iii) Using children under the age of eighteen (18) years to participate actively in hostilities.

Genocide . (c) Enslavement. racial. . (b) Extermination. Other Crimes Against Humanity. (4) Imposing measures intended to prevent births within the group. religious.40 indiscriminate in violation of the international law of armed conflict. in whole or in part. ethnic. and (5) Forcibly transferring children of the group to another group. a national. with knowledge of the attack: (a) Willful killing. (b) It shall be unlawful for any person to directly and publicly incite others to commit genocide. (2) Causing serious bodily or mental harm to members of the group. "other crimes against humanity" means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population. Any person found guilty of committing any of the acts specified in paragraphs (a) and (b) of this section shall suffer the penalty provided under Section 7 of this Act.For the purpose of this act. . "genocide" means any of the following acts with intent to destroy. Any person found guilty of commiting any of the acts specified herein shall suffer the penalty provided under Section 7 of this Act. (3) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part. Section 6. social or any other similar stable and permanent group as such: (1) Killing members of the group.(a) For the purpose of this Act. Section 5.

(e) Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law. (h) Persecution against any identifiable group or collectivity on political. sexual slavery.Any person found guilty of committing any of the acts provided under Sections 4. (i) Enforced or involuntary disappearance of persons. 5 and 6 of this Act shall suffer the penalty of reclusion temporal in its medium to maximum period and a fine ranging from One hundred thousand pesos (Php 100. (f) Torture.000. or constitutes rape. in connection with any act referred to in this paragraph or any crime defined in this Act. ethnic. or any other form of sexual violence of comparable gravity. and (k) Other inhumane acts of a similar character intentionally causing great suffering. Any person found guilty of committing any of the acts specified herein shall suffer the penalty provided under Section 7 of this Act.00). forced pregnancy. especially where the commision of any of the crimes specified herein results in death or serious physical injury. religious. enforced prostitution. and considering the individual circumstances of the accused. racial. When justified by the extreme gravity of the crime. gender. . the penalty of reclusion perpetua and a fine .00) to Five hundred thousand pesos (Php 500. national. or serious injury to body or to mental or physical health. (g) Rape.41 (d) Arbitrary deportation or forcible transfer of population. (j) Apartheid. CHAPTER IV PENAL PROVISIONS Section 7.000. Penalties. sexual orientation or other grounds that are universally recognized as impermissible under international law. cultural. enforced sterilization.

CHAPTER V SOME PRINCIPLES OF CRIMINAL LIABILITY Section 8.00) shall be imposed. directly or indirectly.000. solicits or induces the commission of such a crime which in fact occurs or is attempted. (2) Orders.000. where such activity or purpose involves the commission of a crime defined in this Act. from that crime. property and assets derived. (3) In any other way contributes to the commission or attempted commission of such a crime by a group of person acting with a common purpose.42 ranging from Five hundred thousand pesos (Php 500.000. In addition.000. without prejudice to the rights of bona fide third (3rd) parties. Individual Criminal Responsibilities. regardless of whether that other person is criminally responsible. a person shall be criminally liable as principal for a crime defined and penalized in this Act if he/she: (1) Commits such a crime.(a) In addition to existing provisions in Philippine law on principles of criminal responsibility. jointly with another or through another person. whether as an individual. The court shall also impose the corresponding accessory penalties under the Revised Penal Code.000. especially where the offender is a public officer. Any person found guilty of inciting others to commit genocide referred to in Section 5(b) of this Act shall suffer the penalty of prision mayor in its minimum period and a fine ranging from Ten thousand pesos (Php 10. . the court shall order the forfeiture of proceeds.00). Such contribution shall be intentional and shall either: (i) be made with the aim of furthering the criminal activity or criminal purpose of the group. .00) to Twenty thousand pesos (Php 20. or (ii) be made in the knowledge of the intention of the group to commit the crime.00) to One million pesos (Php 1.

or effective authority and control as the case may be. Section 10. (c) A person shall be criminally liable for a crime defined and penalized in this Act if he/she attempts to commit such a crime by taking action that commences its execution by means of a substantial step. where: . nut only within the bounds established under international law. However: (a) Immunities or special procedural rules that may be attached to the official capacity of a person under Philippine law other than the established constitutional immunity from suit of the Philippine President during his/her tenure. including providing the means for its commission. Responsibility of Superiors.This Act shall apply equally to all persons without any distinction based on official capacity. In particular. as a result of his/her failure to properly exercise control over such subordinates. a member of a government or parliament. a superior shall be criminally responsible as a principal for such crimes committed by subordinates under his/her effective command and control. However. abets or otherwise assists in its commission or attempted commission. a person who abandons the effort to commit the crime or otherwise prevents the completion of the crime shall not be liable for punishment under this Act for the attempt to commit the same if he/she completely and voluntarily gave up the criminal purpose. . . in and of itself. Irrelevance of Official Capacity. constitute a ground for reduction of sentence. and (b) Immunities that may be attached to the official capacity of a person under international law may limit the application of this Act. Section 9.43 (b) A person shall be criminally liable as accomplice for facilitating the commission of a crime defined and penalized in this Act if he/she aids. nor shall it. shall not bar the court from exercising jurisdiction over such a person. official capacity as a head of state or government.In addition to other grounds of criminal responsibility for crimes defined and penalized under this Act. an elected representative or a government official shall in no case exempt a person from criminal responsibility under this Act. but the crime does not occur because of circumstances independent of the person's intention.

their prosecution. but not limited to. (b) The person did not know that the order was unlawful. For the purposes of this section.In addition to existing provisions in Philippine law for the protection of victims and witnesses. in particular.The fact that a crime defined and penalized under this Act has been committed by a person pursuant to an order of a government or a superior. (b) That superior failed to take all necessary and reasonable measures within his/her power to prevent or repress their commission or to submit the matter to the competent authorities for investigation and prosecution.44 (a) That superior either knew or. physical and physiological well-being. Orders from a Superior. orders to commit genocide or other crimes against humanity are manifestly unlawful. whether military or civilian. In so doing. Protection of Victims and Witnesses. . should have known that the subordinates were committing or about to commit such crimes.The crimes defined and penalized under this Act. the court shall have regard of all relevant factors. . shall not be subject to any prescription. including age. gender and health. Section 12. the following measures shall be undertaken: (a) The Philippine court shall take appropriate measures to protect the safety. Non-prescription. . owing to the circumstances at the time. Section 11. and (c) The order was not manifestly unlawful. where the crime involves . CHAPTER VI Protection of Victims and Witnesses Section 13. shall not relieve that person of criminal responsibility unless all of the following elements occur: (a) The person was under a legal obligation to obey orders of the government or the superior in question. and the nature of the crime. and the execution of sentences imposed on their account. dignity and privacy of victims and witnesses.

having regard to all the circumstances. for the purposes of any proceedings conducted prior to the commencement of the trial. the following measures shall be undertaken: (a) The court shall follow the principles relating to the reparations to. the court may. compensation and . unless otherwise ordered by the court. (c) Where the personal interests of the victims are affected. the court shall permit their views and concerns to be presented and considered at stages of the proceedings determined to be appropriate by the court in manner which is not prejudicial to or inconsistent with the rights of the accused and a fair and impartial trial. Reparations to Victims. These measures shall not be prejudicial to or inconsistent with the rights of the accused and to a fair and impartial trial. such measures shall be implemented in the case of the victim of sexual violence or a child who is a victim or is a witness.In addition to existing provisions in Philippine law and procedural rules for reparations to victims. In particular. conduct any part of the proceedings in camera or allow the presentation of evidence by electronic or other special means. the prosecution may. The prosecutor shall take such measures particularly during the investigation and prosecution of such crimes. to protect the victims and witnesses or an accused. victims. . withhold such evidence or information and instead submit a summary thereof. (b) As an exception to the general principle of public hearings.45 sexual or gender violence or violence against children. or in respect of. Section 14. particularly the views of the victim or witness.including restitution. Such views and concerns may be presented by the legal representatives of the victims where the court considers it appropriate in accordance with the established rules of procedure and evidence. Such measures shall be exercised in a manner which is not prejudicial to or inconsistent with the rights of the accused and to a fair and impartial trial. and (d) Where the disclosure of evidence or information pursuant to this Act may lead to the grave endangerment of the security of a witness for his/her family.

or in respect of. Philippine courts shall be guided by the following sources: (a) The 1948 Genocide Convention. (d) The 1989 Convention on the Rights of the Child and its 2000 Optional Protocol on the Involvement of Children in Armed Conflict. (g) Relevant and applicable international human rights instruments. Applicability of International Law. On this basis. (c) The 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict. determine the scope and extent of any damage.. including restitution. loss and injury to. (f) The judicial decisions of international courts and tribunals. victims or other interested persons. compensation and rehabilitation. (b) The 1949 Genava Conventions I-IV. Nothing in this section shall be interpreted as prejudicing the rights of victims under national or international law. CHAPTER VII Applicability of International Law and Other Laws Section 15. (e) The rules and principles of customary international law.1avvphi1 (b) The court may make an order directly against a convicted person specifying appropriate reparations to. victims.46 rehabilitation. and (c) Before making an order under this section. the court may invite and shall take account of representations from or on behalf of the convicted person. wither upon request or on its own motion in exceptional circumstances. their 1977 Additional Protocols I and II and their 2005 Additional Protocol III. . in its decision.In the application and interpretation of this Act. victims and state the principles on which it is acting. the court may. its First Protocol and its 1999 Second Protocol. or in respect of.

Instead. Jurisdiction. (b) The accused. the authorities may surrender or extradite suspected or accused persons in the Philippines to the appropriate international court. . already served their sentence. is present in the Philippines.The provisions of the Revised Penal Code and other general or special laws shall have a suppletory application to the provisions of this Act. In the interest of justice. Section 16. provided. or to another State pursuant to the applicable extradition laws and treaties. regardless of where the crime is committed. CHAPTER VII JURISDICTION Section 17. any one of the following conditions is met: (a) The accused is a Filipino citizen. whether military or civilian. 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.The State shall exercise jurisdiction over persons. regardless of citizenship or residence. Suppletory Application of the Revised Penal Code and Other General or Special Laws. and (i) Teachings of the most highly qualified publicists and authoritative commentaries on the foregoing sources as subsidiary means for the determination of rules of international law. . or (c) The accused has committed the said crime against a Filipino citizen. if any. the relevant Philippine authorities may dispense with the investigation or prosecution of a crime punishable under this Act if another court or international tribunal is already conducting the investigation or undertaking the prosecution of such crime.47 (h) Other relevant international treaties and conventions ratified or acceded to by the Republic of the Philippines.. suspected or accused of a crime defined and penalized in this Act. or having been convicted.

Section 21.This Act shall take effect fifteen (15) days after its complete publication in the Official Gazette or in two (2) newspapers general circulation. presidential decrees and issuances. receive effective training in human rights. . for any reason or reasons. International Humanitarian Law and International Criminal Law. Prosecutors and Investigators. especially those designated for purposes of this Act. Their judgments may be appealed or elevated to the Court of Appeals and to the Supreme Court as provided by law. prosecutors and investigators.All laws. Philippine Court.48 Section 18. any part or provision of this Statute shall be held to be unconstitutional or invalid. . other parts or provisions hereof which are not affected thereby shall continue to be in full force and effect. . . CHAPTER IX FINAL PROVISIONS Section 19. The State shall ensure that judges. executive orders.If. Effectivity.The Regional Trial Court of the Philippines shall have original and exclusive jurisdiction over the crimes punishable under this Act. Section 20. the Department of Justice. . Repealing Clause. the Commission on Human Rights. For these cases. the Philippine National Police or other concerned law enforcement agencies shall designate prosecutors or investigators as the case may be. The Supreme Court shall designate special courts to try cases involving crimes punishable under this Act. Separability Clause. rules and regulations or parts thereof inconsistent with the provisions of this Statute are hereby repealed or modified accordingly.

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