Human Rights

HUMAN RIGHTS under Atty.
Principe, Midterms Reviewer

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 self-development.
The essence of these rights maes man human.
!asic "haracteristics of Human Rights#
$. %nherent
&ot granted by any person or authority
'. (undamental
)ithout them, the life and dignity of man will be meaningless
*. %nalienable
"annot be rightfully taen away from a free individual
"annot be given away or be forfeited
+. %mprescriptible
"annot be lost even if man fails to use or assert them, even by a long passage of
time
,. %ndivisible
&ot capable of being divided
"annot be denied even when other rights have already been en-oyed
.. /niversal
Applies irrespective of one0s origin, status, or condition or place where one lives
Rights can be enforced without national border
1. %nterdependent
Stephanie Luette M. Macapa!a"Pa!e #
HUMAN RIGHTS under Atty. Principe, Midterms Reviewer
The fulfillment or e2ercise of one cannot be had without the reali3ation of the
other
Human Rights 4rinciples#
The dignity of man and human life is inviolable. (rom the dignity of man is derived the
right of every person to free development of his personality.
A legitimate state should e2ist to assure that in the discharge of the governmental
functions, the dignity that is the birthright of every human being is duly safeguarded.
"lassification of Rights#
According to Source
$. &atural Rights
5od-given rights, acnowledged by everybody to be morally good
/nwritten, but prevail as norms of the society
'. "onstitutional Rights
"onferred and protected by the "onstitution and which cannot be modified or
taen away by the law-maing body
*. Statutory Rights
Those rights which are provided by law promulgated by the law-maing body
6ay be abolished by the body that created them
According to Recipient
$. %ndividual Rights
Accorded to individuals
'. "ollective Rights
Also called 7people0s rights8 or 7solidarity rights8
Rights of the society, those that can be en-oyed only in company with others
According to Aspect of 9ife
$. "ivil Rights
Rights which the law will enforce at the instance of private individuals for the
purpose of securing to them the en-oyment of their means of happiness
Stephanie Luette M. Macapa!a"Pa!e $
4artae of the nature of political rights when they are utili3ed as a means to
participate in the government
'. 4olitical Rights
Rights which enable us to participate in running the affairs of the government
either directly or indirectly
*. :conomic and Social Rights
Those which the law confers upon the people to enable them to achieve social and
economic development
+. "ultural 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 e2pression.
According to Struggle for Recognition
$. (irst 5eneration Rights
"ivil and political rights which derives primarily from the $1
th
and $;
th
centuries0
reformist theories
"onceives of human rights more in negative <7freedom from8= than positive
<7rights to8= terms
(avors the abstention rather the intervention of government in the e2ercise of
freedoms and in the quest for human dignity
'. Second 5eneration Rights
"overs economic, social, and cultural rights which find their origin primarily in
the socialist tradition
"onceives of human rights more in positive terms
(undamental claims to social equality
*. Third 5eneration Rights
"overs collective rights
According to >erogability
$. Absolute or &on->erogable Rights
Stephanie Luette M. Macapa!a"Pa!e %
Those that cannot be suspended nor taen away nor restricted?limited even in
e2treme emergency and even if the government invoes national security
'. >erogable or "an-!e-9imited Rights
6ay be suspended or restricted or limited depending on the circumstances which
call for the preservation of social life
6ust satisfy three requirements for it to be valid#
i. %t is provided for by law which is made nown to every citi3en@
ii. There is a state of emergency which necessitates the urgent preservation
of the public good, public safety, and public moral@
iii. %t does not e2ceed what is strictly necessary to achieve the purpose.
"ategories of Human Rights
$. (undamental (reedom in 4olitical Rights
i. (reedom of conscience and religion
ii. (reedom of thought, belief, opinion and e2pression
iii. (reedom of the press and communication
iv. (reedom of association, freedom of peaceful assembly
v. Rights to privacy, reputation, and human dignity
'. >emocratic Rights
"ommonly e2ercised in a democratic state
i. Right to vote and to participate in the electoral process
ii. Right to participate in public or governmental affairs
*. 6obility Rights
&ational and international in character
i. Right to travel
ii. Right to return to one0s country
iii. (reedom of movement within the country
+. Right to 9ife, 9iberty, and Security of the 4erson
Stephanie Luette M. Macapa!a"Pa!e &
Represent the core of fundamental rights which relate to the right to physical and
personal integrity, consistent with human dignity
i. Right to protection against political and other e2tra-udicial illings, the
disappearances of persons, and torture and other cruel inhuman or
degrading treatment or punishment
,. 9egal Rights
"onstitute due process that can be invoed by persons accused
i. (reedom from arbitrary arrest and detention
ii. 4rotection against unreasonable search and sei3ure
iii. Right to counsel
iv. Right to fair and public trial
v. 4resumption of innocence
vi. Right against self-incrimination
.. Rights of :quality
Also nown as the right against discrimination
:veryone is equal before the law and is entitled to equal protection or the equal
benefit of the law
i. 4rotection against discrimination on the grounds of se2, race, religion,
ethnic origin, age, marital status, and political and social condition
1. :conomic, Social and "ultural Rights
"onsidered more of standards to be observed by the state
i. Right to social security, social insurance, protection and assistance to the
family
ii. Right to an adequate standard of living, adequate food, clothing and
housing
iii. Right to physical and mental health
iv. Right to education
v. Right to be part of the artistic and scientific life of the country
;. )orers0 Rights
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i. Right to association
ii. Right to organi3e unions
iii. Right to bargain collectively
iv. 4rohibition of forced labor
v. 4rohibition of employment of children
vi. 5uarantee of minimum wages and other support
A. Aboriginal Rights
Associated with the rights of indigenous cultural tribes or communities
$B. Reproductive Rights
i. Right to found a family and bear children
ii. Right to gender sensitivity and the biomedical technology
iii. Right to family planning
$$. 4rotective Rights of 4ersons in Armed "onflicts
4rovided in the international humanitarian law for the protection of children,
women and non-combatants during internal armed conflicts
$'. Right of Self-determination
i. Right of people to be free from colonial rule
ii. Right of people to decide their own destiny
$*. 6inority 5roup Rights
i. 4rotection of ethnic, linguistic and religious minorities
9aguna 9ae >evelopment Authority v. "A, '*$ S"RA 'A'
(acts# A letter-complaint was filed with the 9aguna 9ae >evelopment Authority <99>A=,
seeing to stop the operation of the open garbage dumpsite in the Tala :state in "aloocan, due
to its harmful effects on the health of the residents and the possibility of pollution of the water
content of the surrounding area. %t was discovered that the open dumpsite did not have an
:nvironmental "ompliance "ertificate from the :nvironmental 6anagement !ureau of the
>epartment of :nvironmental and &atural Resources, as required under 4residential >ecree
&o. $,;., and a clearance from the 99>A as required under Republic Act &o. +;,B. The 99>A
then conducted an on-site investigation, monitoring and test sampling of the leachate that seeps
from the said dumpsite to the nearby cree which is a tributary of the 6arilao river. The
leachate testing revealed the presence of bacteria. As a result, the 99>A issued a "ease and
Stephanie Luette M. Macapa!a"Pa!e (
>esist Crder ordering that the dumping of any form or ind of garbage and other waste matter
at the "aloocan dumpsite be completely stopped. )hen tals on the dumpsite failed to settle the
problem, the dumpsite was opened again, prompting the 99>A to issue another "ease and
>esist Crder. Thereafter, the 99>A, with the assistance of the 4hilippine &ational 4olice,
enforced the Crder by prohibiting the entry of all garbage dump trucs into the "aloocan
dumpsite. The "ity 5overnment of "aloocan then filed with the RT" of "aloocan "ity an action
for the declaration of nullity of the "ease and >esist Crder, and sought to be declared as the sole
authority empowered to promote the health and safety and enhance the right of the people in
"aloocan "ity to a balanced ecology within its territorial -urisdiction.
%ssues and Rulings#
$. >oes the 99>A have the authority to entertain the complaint against the dumping of
garbage in the open dumpsite in "aloocan authori3ed by its "ity 5overnment which is
allegedly endangering the health, safety, and welfare of the residents therein and the
sanitation and quality of the water in the area brought about by e2posure to pollution
caused by such open garbage dumpsiteD
E:S. The 99>A0s -urisdiction was validly invoed on the basis of the allegation that the
open dumpsite of the "ity 5overnment of "aloocan was undertaen without a clearance from
the 99>A, as required by RA +;,B. As a general rule, the ad-udication of pollution cases
generally pertains to the 4ollution Ad-udication !oard, e2cept in cases where the special law
provides for another forum. %t must be recogni3ed that in this regard that the 99>A, by virtue of
its special charter, obviously has the responsibility to protect the inhabitants of the 9aguna 9ae
region from the deleterious effects of pollutants emanating from the discharges of wastes from
the surrounding areas. %n carrying out the national policy of promoting and accelerating the
development and balanced growth of the 9aguna 9ae area and the surrounding provinces of
Ri3al and 9aguna and the cities of San 4ablo, 6anila, 4asay, Fue3on and "aloocan with due
regard and adequate provisions for environmental management and control, preservation of the
quality of human life and ecological systems, and the prevention of undue ecological
disturbances, deterioration and pollution, the 99>A is mandated, among others, to pass upon
and approve or disapprove all plans, programs, and pro-ects proposed by local government
offices?agencies within the region, public corporations, and private persons or enterprises where
such plans, programs, and?or pro-ects are related to those of the 99>A for the development of
the region.
'. >oes the 99>A have the power and authority to issue a "ease and >esist Crder to en-oin
the dumping of garbage in the Tala :stateD
E:S. Although the 99>A was not e2pressly conferred the power to issue an ex parte
cease and desist order in e2press terms, the 99>A0s issuance of one, as a practical matter of
procedure under the circumstances of the case, is a proper e2ercise of its power and authority
under its charter and its amendatory laws. The provision which empowers the 99>A to
instituted necessary legal proceedings against any person who shall commence to implement or
continue implementation of any pro-ect, plan or program within the 9aguna de !ay region
without previous clearance from the 99>A was designed to invest the 99>A with sufficiently
Stephanie Luette M. Macapa!a"Pa!e )
broad powers in the regulation of all pro-ects initiated in the 9aguna 9ae region, whether by the
government or the private sector, insofar as the implementation of these pro-ects is concerned.
6oreover, Section $. of Article %% of the $A;1 "onstitution states that#
7The 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.8
As a constitutionally guaranteed right of every person, it carries the correlative duty of
non-impairment. This is but in consonance with the declared policy of the state 7to protect and
promote the right to health of the people and instill health consciousness among them.8 %t is to
be borne in mind that the 4hilippines is party to the /niversal >eclaration of Human Rights and
the Alma "onference >eclaration of $A1; which recogni3e health as a fundamental human right.
The 99>A0s charter is but a response to the demands of 7the necessities of protecting vital public
interests8 which gives vitality to the abovementioned state policies and principles.
Stephanie Luette M. Macapa!a"Pa!e *
HISTORY, THEORIES OF SOURCES AND DEVELOPMENT OF HUMAN RIGHTS
History
Human rights were asserted by the citi3ens against tyrannical governments. They arose
from the struggle of man against in-ustices of despotic rulers.
The struggle for the respect of human rights was originally a domestic or national issue.
The atrocities committed on masses of people during )orld )ar %% have convinced
international -urists that the protection of human rights should be an international
concern.
o Respect for human rights mainly concerns individuals without distinction as to
nationality or citi3enship.
o Giolation of human rights are offenses without borders.
Theories of Sources of Rights#
$. Religious?Theological Approach
o A basis of human rights theory stemming from a law higher than the state and
whose source is the Supreme !eing.
Human rights are not concessions granted by human institutions or
states, or any international organi3ation as they are 5od-given rights.
o "entral to the doctrines of all religions is the concept of dignity of man as a
consequence of human rights.
o The divine source gives human beings a high value of worth.
o The belief of a universal common creation means a common humanity and
consequently universal, basic and fundamental rights. And since rights come
from a divine source, they are inalienable and cannot be denied by mortal beings.
o "riticism# Some religions impose so many restrictions on individual freedom@
some religions even tolerate slavery, discrimination against women, and
imposition of the death penalty
'. &atural 9aw Theory
o Criginated from the Stoics and elaborated by 5ree philosophers and later by
ancient Roman law -urists.
o 4erceives that the conduct of men must always conform to the law of nature.
Stephanie Luette M. Macapa!a"Pa!e +
o &atural law embodies those elementary principles of -ustice which were right
reason, i.e., in accordance with nature, unalterable, eternal.
o 4hilosophers#
Thomas Aquinas H considered natural law as the law of right reason in
accordance with the law of 5od, commonly nown as the scholastic
natural law
Hugo 5rotius H 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
-ust@ whatever is disturbing to social harmony is wrong and un-ust
Iohn 9oce H envisioned human beings in a state of nature, where they
en-oyed life, liberty and property which are deemed natural rights
o !ecame the basis of the natural rights of man against oppressive rulers
o &uremberg Trials H rationale for finding the &a3is guilty# the crimes committed
were offenses against humanity and there is no need of a law penali3ing the acts
*. 4ositivist Theory?9egal 4ositivism
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 The source of human rights is to be found only in the enactment of a law with
sanctions attached.
o A right is en-oyed only if it is recogni3ed and protected by legislation promulgated
by the state.
+. Historical Theory
o Advocates that human rights are not deliberate creation or the effort of man but
they have already e2isted through the common consciousness of the people of
what is right and -ust.
o Human rights e2ist through gradual, spontaneous and evolutionary process
without any arbitrary will of any authority.
,. Theory of 6ar2ism
o :mphasi3es the interest of society over an individual man0s interest. %ndividual
freedom is recogni3ed only after the interest of society is served.
Stephanie Luette M. Macapa!a"Pa!e #,
o "oncerned with economic and social rights over civil or political rights of
community.
o Referred to as 7parental8 with the political body providing the guidance in value
choice. !ut the true choice is the government set by the state
.. (unctional?Sociological Approach
o Human rights e2ist as a means of social control, to serve the social interests of
society.
o 9ays emphasis of obtaining a -ust equilibrium of multifarious interests among
prevailing moral sentiments and the social and economic conditions of the time
and place.
1. /tilitarian Theory
o Sees to define the notion of rights in terms of tendencies to promote specified
ends such as common good.
o :very human decision was motivated by some calculation of pleasure and pain.
The goal is to promote the greatest happiness of the greatest number.
o :veryone is counted equally, but not treated equally.
o Requires the government to ma2imi3e the total net sum of citi3ens.
o An individual cannot be more important than the entire group. A man cannot
simply live alone in disregard of his impulse to society.
o The composite society of which the individual is a unit has on its own wants,
claims and demands. An act is good only when it taes into consideration the
interests of the society and tends to augment the happiness of the entire
community.
;. Theory !ased on >ignity of 6an?4olicy Science Approach
o Human rights means sharing values of all identified policies upon which human
rights depend on.
o The most important values are respect, power, nowledge, health, and security.
o The ultimate goal of this theory is a world community where there is democratic
sharing and distribution of values.
o All available resources are utili3ed to the ma2imum and the protection of human
dignity is recogni3ed.
A. Theories of Iustice
Stephanie Luette M. Macapa!a"Pa!e ##
o :ach person possesses inviolability founded on -ustice.
o The rights secured for -ustice are not sub-ect to political bargaining or to social
interests.
o :ach person has equal rights to the whole system of liberties. There is no -ustice
in a community where there are social and economic inequalities.
o The general conception of -ustice is one of fairness and those social primary
goods such as opportunity, income and wealth and self-respect are to be
distributed equally.
$B. Theory !ased on :quality and Respect of Human >ignity
o The recognition of individual rights in the en-oyment of the basic freedoms such
as freedom of speech, religion, assembly, fair trial and access to courts.
o 5overnments must treat all their citi3ens equally. (or this purpose, the
government must intervene in order to advance general welfare.
Crigin of Human Rights in the 4hilippines
'B Iune $;AA H 6alolos "onstitution# contained several provisions on civil and political rights
$AB' H 4hilippine !ill of $AB'
$A$. H 4hilippine Autonomy Act of $A$.?Iones 9aw
$A*+ H 4hilippine %ndependence Act of $A*+?Tydings-6c>uffee 9aw
$A*, H (irst 4hilippine "onstitution# contained !ill of Rights
$A1* H Second 4hilippine "onstitution
$A;* H 4resent 4hilippine "onstitution
(rom $A+' to $A++, the (ilipinos were temporarily deprived of the en-oyment of the civil
and political rights during the military rule of Iapan. !ut these were immediately
restored in $A+,.
The (ilipinos were again sub-ected to violation of human rights during the authoritarian
rule of 4resident 6arcos, which was terminated during the (ebruary $A;. revolution.
Human Rights %nstruments to which The 4hilippines is a Signatory#
$. %nternational "ovenant of :conomic, Social and "ultural Rights <1 Iune $A1+=
'. %nternational "ovenant on "ivil and 4olitical Rights <'* Cctober $A;.=
*. Cptional 4rotocol %nternational "ovenant on "ivil and 4olitical Rights <'' August $A;A=
Stephanie Luette M. Macapa!a"Pa!e #$
+. %nternational "onvention on the :limination of All (orms of Racial >iscrimination <$,
September $A1.=
,. %nternational "onvention on the Suppression and 4unishment of the "rime of Apartheid
<'1 Iuly $A;1=
.. %nternational "onvention against Apartheid <'1 Iuly $A;1=
1. %nternational "onvention on the :limination of All (orms of >iscrimination Against
)omen <, August $A;$=
;. "onvention on the 4olitical Rights of )omen <$' September $A,1=
A. "onvention on the Rights of the "hild <'$ August $AAB=
$B. Slavery "onvention of $A'. <$' Iuly $A,,=
$$. 4rotocol Amending the Slavery "onvention <$1 &ovember $A.,=
$'. Supplementary "onvention on the Abolition of Slavery, the Slave Trade and %nstitutions
and 4ractices <$1 &ovember $A.,=
$*. "onvention on the Suppression of the Trafficing of 4ersons and the :2ploitation of
Cthers <$A September $A,'=
$+. "onvention against Torture and other "ruel, %nhuman, or >egrading Treatment or
4unishment <$; Iune $A;.=
$,. The "onvention on the "onsent to 6arriage, 6inimum Age for 6arriage and
Registration of 6arriage <'$ Ianuary $A.,=
$.. %nternational "onvention on the 4rotection of All 6igrant )orers and 6embers of
their (amilies <$* &ovember $AA*=
$1. "onvention on the &ationality of 6arried )omen
$;. "onvention on the Status of Stateless 4ersons <'' Iune $A,,=
$A. "onvention Relating to the Status of Refugees <'' Iuly $A;$=
'B. "onvention on the 4revention and the 4unishment of the "rime of 5enocide <1 Iuly
$A,B=
'$. "onvention on &on-applicability of Statutory 9imitation on )ar "rimes and "rimes
Against Humanity <$, 6ay $A1*=
''. 4rotocol Additional to the 5eneva "onvention of $' August $A+A, Relating to the
4rotection of Gictims of &on-%nternational Armed "onflicts <4rotocol %%= <$$ Iuly $A;1=
The 4hilippine "ommission on Human Rights
Stephanie Luette M. Macapa!a"Pa!e #%
"reation# 6andated by the $A;1 "onstitution@ formally constituted by 4resident Aquino0s
:2ecutive Crder &o. $.*
"omposition and Fualifications# Cne "hairman and four 6embers, who must be natural-born
citi3ens of the 4hilippines and a ma-ority of whom shall be members of the !ar <Section $1, Art.
J%%%, $A;1 "onstitution=
4owers and (unctions# <Section $;, Art. J%%%, $A;1 "onstitution=
<$= %nvestigate, on its own or on complaint by any party, all forms of human rights violations
involving civil and political rights@
<'= Adopt its operational guidelines and rules of procedure, and cite for contempt for
violations thereof in accordance with the Rules of "ourt@
<*= 4rovide appropriate legal measures for the protection of human rights of all persons
within the 4hilippines, as well as (ilipinos residing abroad, and provide for preventive
measures and legal aid services to the under-privileged whose human rights have been
violated or need protection@
<+= :2ercise visitorial powers over -ails, prisons, or detention facilities@
<,= :stablish a continuing program of research, education, and information to enhance
respect for the primacy of human rights@
<.= Recommend to "ongress effective measures to promote human rights and to provide for
compensation to victims of violations of human rights, or their families@
<1= 6onitor the 4hilippine 5overnment0s compliance with international treaty obligations
on human rights@
<;= 5rant immunity from prosecution to any person whose testimony or whose possession of
documents or other evidence is necessary or convenient to determine the truth in any
investigation conducted by it or under its authority@
<A= Request the assistance of any department, bureau, office, or agency in the performance
of its functions@
<$B= Appoint its officers and employees in accordance with law@ and
<$$=4erform such other duties and functions as may be provided by law.
"ariKo v. "ommission on Human Rights, 'B+ S"RA +;*
(acts#
(or -oining the concerted mass actions of public teachers and for failure to heed the
return-to-wor order issued by >:"S Secretary "ariKo, eight teachers from the Ramon
6agsaysay High School, namely 5raciano !udoy, Iulieta !abaran, :lsa %babao, Helen 9upo,
Amparo 5on3ales, 9u3 del "astillo, :lsa Reyes and Apolinario :sber were administratively
Stephanie Luette M. Macapa!a"Pa!e #&
charged, preventively suspended for AB days, and temporarily replaced. The said eight teachers,
led by their counsel, subsequently staged a walout signifying their intent to boycott the
proceedings. Thereafter, Secretary "ariKo rendered a decision ordering the dismissal from
service of :sber, and the A-month suspensions of !abaran, !udoy, and del "astillo. The eight
teachers then complained to the "ommission on Human Rights on the ground that they were
denied due process. Secretary "ariKo filed a motion to dismiss with the "HR on the ground that
the "HR had no -urisdiction over the case.
%ssue and Ruling#
#. )?& the "HR has the power under the "onstitution to try and decide, or hear and
determine, certain specific type of cases, lie alleged human rights violations involving
civil or political rights.
&C. The "HR was not meant by the "onstitution to be another court or quasi--udicial
agency in this country. The most that may be conceded to the "HR in the way of ad-udicative
power is that it may investigate, i.e., receive evidence and mae findings of fact as regards
claimed human rights violations involving civil and political rights. (act finding is not
ad-udication, and cannot be liened to the -udicial function of a court of -ustice, or even a quasi-
-udicial agency or official. The function of receiving evidence and ascertaining therefrom the
facts of a controversy is not a -udicial function, properly speaing. To be considered such, the
faculty of receiving evidence and maing 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, finally and definitively, sub-ect to
such appeals or modes of review as may be provided by law. This function, to repeat, the
"ommission does not have.
The "onstitution clearly and categorically grants to the "HR the power to investigate all
forms of human rights violations involving civil and political rights. %t can e2ercise that power
on its own initiative or complaint of any person. %t may e2ercise that power pursuant to such
rules of procedure as it may adopt and, in cases of violations of said rules, cite for contempt in
accordance with the Rules of "ourt. %n the course of any investigation conducted by it or under
its authority, 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. %t
may also request the assistance of any department, bureau, office, or agency in the performance
of its functions, in the conduct of its investigation or in e2tending such remedy as may be
required by its findings. !ut it cannot try and decide cases <or hear and determine causes= as
courts of -ustice, or even quasi--udicial bodies do. To investigate is not to ad-udicate or ad-udge.
)hether in the popular or in the technical sense, these terms have well understood and quite
distinct meanings.
Simon v. "ommission on Human Rights, ''A S"RA 1
(acts#
A >emolition &otice was sent by the Cffice of the Fue3on "ity 6ayor to the officers and
members of the &orth :>SA Gendors Association <&:GA=, which gave the latter three days to
Stephanie Luette M. Macapa!a"Pa!e #'
vacate their stalls in order to give way to the 74eople0s 4ar.8 The &:GA, led by the 4resident
Roque (ermo, filed a letter-complaint with the "HR, asing that a letter be addressed to then
6ayor !rigido Simon, Ir. of Fue3on "ity to stop the demolition of their stalls, sari-sari stores,
and carinderia along :>SA. The "HR subsequently issued an Crder directing the F" Cfficers to
desist from demolishing the stalls and shanties at &orth :>SA pending resolution of the
vendors0 complaint before the "ommission.
&otwithstanding said Crder, the F" Cfficers carried out the demolition of the stalls, sari-
sari stores, and carinderia, prompting the "HR to order the disbursement of financial assistance
of not more than 4'BB,BBB.BB in favor of the vendors to purchase light housing materials and
food under the "HR0s supervision and again directed the F" Cfficers to desist from further
demolition, with the warning that violation of said Crder would lead to a citation for contempt
and arrest. The F" Cfficers filed a motion to dismiss, questioning the "HR0s -urisdiction.
Subsequently, the "HR cited the F" Cfficers in contempt for carrying out further demolition on
the stalls, sari-sari stores, and carinderia despite the order to desist, and imposed a fine of
4,BB.BB on each of them.
%ssues and Ruling#
$. )?& the "HR has -urisdiction to investigate the violation of the rights of those vendors
whose stalls were demolished by the F" Cfficers at the instance and authority given by &
6ayor of F".
&C. The order for the demolition of the stalls, sari-sari stores and carinderia of the vendors does
not fall within the compartment of 7human rights violations involving civil and political rights8
intended by the "onstitution.
'. )?& the "HR has -urisdiction to impose a fine of 4,BB.BB on each of the F" Cfficers.
&C. Although the "HR is constitutionally authori3ed to adopt its operational guidelines and
rules of procedure, and cite for contempt for violations thereof in accordance with the Rules of
"ourt, and accordingly, the "HR acted within its authority in providing in its revised rules, 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 "ourt, 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 ad-udicative power
that it does not possess.
&CT:# Human rights seems to closely identify with the universally accepted traits and attributes
of an individual, along with what is generally considered to be his inherent and inalienable
rights, encompassing almost all aspects of life.
Stephanie Luette M. Macapa!a"Pa!e #(
THE INTERNATIONAL BILL OF HUMAN RIGHTS
6ain ob-ective of the /nited &ations# the recognition and respect of human rights
4urpose of the /&# the promotion and encouragement of respect for human rights and for
fundamental freedoms for all without distinction as to race, se2, language, or religion
The /& "harter contains at least seven articles on human rights#
$. Article $*, which directs the 5eneral Assembly the tas of initiating studies and
recommendations for the purpose of assisting in the reali3ation of human rights and
fundamental freedom
'. Article ,,<c=, which commits the /& to promote universal respect for an observance of
human rights and fundamental freedoms
*. Article ,., which provides for the clear legal obligation of all members to pledge
themselves and tae -oint and separate actions in cooperation with the /& for the
advancement of the purposes set forth in Article ,,<c=
+. Article .'<'=, which states that the :conomic and Social "ouncil may mae
recommendations for the purpose of promoting respect for an observance for human
rights and fundamental freedom for all
,. Article 1., which mandates the Trusteeship System to encourage respect for the human
rights and for fundamental freedom for all without distinction as to race, se2, language,
or religion and to encourage recognition of the interdependence of the peoples of the
world
.. Article $B, which suggests to the 5eneral Assembly to discuss any matter within the
scope of the "harter which may concern human rights
1. Article .A<'=, which provides that the :conomic and Social "ouncil, with the approval of
the 5eneral Assembly, may perform services at the request of any member state
!asis for the advisory services program on human rights such as providing
e2perts or granting fellowships or organi3ing seminars
&CT:# %n fine, every article in the /& "harter which refers to the purposes of the /& is deemed
to include the promotion of human rights.
/& "ommission on Human Rights
(ormally established by the :conomic and Social "ouncil to assist in all matters relating
in human rights
"omposed of +* members
Stephanie Luette M. Macapa!a"Pa!e #)
>eals with all aspects of human rights issues involving the participation of all sectors of
the international committee
/ndertaes special tass assigned to it by the 5eneral "ouncil, including the
investigation of all allegations of human rights violations
"oordinates activities relating to human rights through the /& System
Sub-commissions of independent e2perts are elected and empowered to undertae
studies and to mae recommendations to prevent discrimination, protect minority rights
and fundamental freedoms
Special rapporteurs or woring groups are appointed to deal with special topics
o >iscrimination in education, religion and the administration of -ustice
o The adverse consequences for human rights caused by political, military,
economic and other forms of assistance to colonial and racist regimes
o The rights of ethnic, religious, and linguistic minorities
o %ssues related to self-determination
o The reali3ation of economic, 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 e2ploitation of child labor
The >eclaration of Human Rights
A mere declaration of norms to serve as a common standard of achievement for all
nations
/& did not direct its members to enforce them@ no sanctions or enforcement machinery
was set up
Article ,, of the /& "harter directs members to pledge themselves to the -oint and
separate action in cooperation with the /& to achieve universal respect for an
observance of human rights and fundamental freedoms
Although it is not a legally binding document, most nations have recogni3ed the
principles of the >eclaration which have gained moral weight and persuasion in the
domestic offices
Stephanie Luette M. Macapa!a"Pa!e #*
%ts principles have been adopted in most state constitutions
$. (reedom and :quality
(irst eight articles emphasi3e that all human beings, without distinction, are born
free and equal in dignity and rights
Article $. All human beings are born free and equal in dignity and rights. They are endowed with
reason and conscience and should act towards one another in a spirit of brotherhood.
Article '. :veryone is entitled to all the rights and freedoms set forth in this >eclaration, without
distinction of any ind, such as race, color, se2, language, religion, political or other opinion,
national or social origin, property, birth or other status. (urthermore, no distinction shall be
made on the basis of the political, -urisdictional, or international status of the country or
territory to which a person belongs, whether it be independent, trust, non-self-governing or
under any other limitation of sovereignty.
Article *. :veryone has the right to life, liberty, and security of person.
Article +. &o one shall be held in slavery or servitude@ slavery and the slave trade shall be
prohibited in all their forms.
Article ,. &o one shall be sub-ected to torture or to cruel, inhuman or degrading treatment or
punishment.
Article .. :veryone has the right to recognition everywhere as a person before the law.
Article 1. All are equal before the law and are entitled without any discrimination to equal
protection of the law. All are entitled to equal protection against any discrimination in violation
of this >eclaration and against any incitement to such discrimination.
Article ;. :veryone 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.
'. 9iberty, Security, and Recognition of 4ersons
Article +, supra.
Article ,, supra.
Article ., supra.
Article 1, supra.
Article A. &o one shall be sub-ected to arbitrary arrest, detention or e2ile.
Article $B. :veryone is entitled in full equality to a fair and public hearing by an independent
and impartial tribunal, in the determination of his rights and obligations and of any criminal
charge against him.
Stephanie Luette M. Macapa!a"Pa!e #+
Article $$.
<$= :veryone 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.
<'= &o one shall be held guilty of any penal offense on account of any act or omission which
did not constitute a penal offense, under national or international law, at the time when
it was committed. &or shall a heavier penalty be imposed than the one that was
applicable at the time the penal offense was committed.
Article $'. &o one shall be sub-ected to arbitrary interference with his privacy, family, home or
correspondence, nor to attacs upon his honor and reputation. :veryone has the right to the
protection of the law against such interference or attacs.
Article $+.
<$= :veryone has the right to see and en-oy in other countries asylum from persecution.
<'= This right may not be invoed in the case of prosecutions genuinely arising from non-
political crimes or from acts contrary to the purposes and principles of the /nited
&ations.
*. Right to 4rivacy
Article $', supra.
Article $*.
<$= :veryone has the right to freedom of movement and residence within the borders of each
state.
<'= :veryone has the right to leave any country, including his own, and to return to his
country.
+. &ationality and the (amily
Article $,.
<$= :veryone has the right to a nationality.
<'= &o one shall be arbitrarily deprived of his nationality nor denied the right to change his
nationality.
Article $..
Stephanie Luette M. Macapa!a"Pa!e $,
<$= 6en and women of full age, without any limitation due to race, nationality or religion,
have the right to marry and found a family. They are entitled to equal rights as to
marriage, during marriage and at its dissolution.
<'= 6arriage shall be entered into only with the free and full consent of the intending
spouses.
<*= The family is the natural and fundamental group unit of society and is entitled to
protection by society and the State.
,. Right to Cwn 4roperty
Cwnership of e2ternal goods assures a person a highly necessary sphere for the
e2ercise of his personal and family autonomy and ought to be considered as an
e2tension of human freedom.
Article $1.
<$= :veryone has the right to own property alone as well as in association with others
<'= &o one shall be arbitrarily deprived of his property.
.. (reedom of Thought, "onscience, and Religion
Article $;. :veryone has the right to freedom of thought, conscience and religion@ this right
includes freedom to change his religion or belief, and freedom, either alone or in community
with others and in public or private, to manifest his religion or belief in teaching, practice,
worship and observance.
Article $A. :veryone has the right to freedom of opinion and e2pression@ this right includes
freedom to hold opinions without interference and to see, receive and impart information and
ideas through any media and regardless of frontiers.
1. :conomic, Social, and "ultural Rights
Article ''. :veryone, as a member of society, has the right to social security and is entitled to
reali3ation, through national effort and international cooperation and in accordance with the
organi3ation and resources of each State, of the economic, social and cultural rights
indispensable for his dignity and the free development of his personality.
Article '*.
<$= :veryone has the right to wor, to free choice of employment, to -ust and favorable
conditions of wor and to protection against unemployment.
<'= :veryone, without any discrimination, has the right to equal pay for equal wor.
Stephanie Luette M. Macapa!a"Pa!e $#
<*= :veryone who wors has the right to -ust and favorable remuneration ensuring for
himself and his family an e2istence worthy of human dignity, and supplemented, if
necessary, by other means of social protection.
<+= :veryone has the right to form and -oin trade unions for the protection of his interests.
Article '+. :veryone has the right to rest and leisure, including reasonable limitation of woring
hours and periodic holidays with pay.
Article ',.
<$= :veryone has a right to a standard of living adequate for the health and well-being of
himself and of his family, including food, clothing, housing and medical care and
necessary social services, and the right to security in the event of unemployment,
sicness, disability, widowhood, old age or other lac of livelihood in circumstances
beyond his control.
<'= 6otherhood and childhood are entitled to special care and assistance. All children,
whether born in or out of wedloc, shall en-oy the same social protection.
;. Rights to :ducation and "ultural >evelopment
Article '..
<$= :veryone has the right to education. :ducation shall be free, at least in the elementary
and fundamental stages. :lementary education shall be compulsory. Technical and
professional education shall be made generally available and higher education shall be
equally accessible to all on the basis of merit.
<'= :ducation shall be directed to the full development of the human personality and to the
strengthening of respect for human rights and fundamental freedoms. %t shall promote
understanding, tolerance, and friendship among all nations, racial or religious groups,
and shall further the activities of the /nited &ations for the maintenance of peace.
<*= 4arents have a prior right to choose the ind of education that shall be given to their
children.
Article '1.
<$= :veryone has the right freely to participate in the cultural life of the community, to en-oy
the arts and to share in scientific advancement and its benefits.
<'= :veryone has the right to the protection of the moral and material interests resulting
from any scientific, literary, or artistic production of which he is the author.
A. >evelopment of 4ersonality
Stephanie Luette M. Macapa!a"Pa!e $$
Article ';. :veryone is entitled to a social and international order in which the rights and
freedoms set forth in this >eclaration can be fully reali3ed.
Article 'A.
<$= :veryone has duties to the community in which alone the free and full development of
his personality is possible.
<'= %n the e2ercise of his rights and freedoms, everyone shall be sub-ect 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 -ust requirements of
morality, public order and the general welfare in a democratic society.
<*= These rights and freedoms may in no case be e2ercised contrary to the purposes and
principles of the /nited &ations.
Article *B. &othing in this >eclaration may be interpreted as implying for any State, 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.
$B. Cther Rights
Article 'B.
<$= :veryone has the right to freedom of peaceful assembly and association.
<'= &o one may be compelled to belong to an association.
Article '$.
<$= :veryone has the right to tae part in the government of his country, directly or through
freely chosen representatives.
<'= :veryone has the right of equal access to public service in his country.
<*= The will of the people shall be the basis of the authority of government@ this will shall be
e2pressed 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.
The %nternational !ill of Human Rights
"omposed of
$. The %nternational "ovenant on :conomic, Social and "ultural Rights
<%":S"R=
'. The %nternational "ovenant on "ivil and 4olitical Rights <%""4R=
*. The /niversal >eclaration of Human Rights
Stephanie Luette M. Macapa!a"Pa!e $%
The %":S"R and the %""4R are legally binding on the States that ratify them.
6echanisms through which the %":S"R and the %""4R are enforced#
o %":S"R H "ommittee on :conomic, Social, and "ultural Rights reviews the
States 4arties programs
o %""4R H Human Rights "ommittee, an independent body of e2perts
Hindrances in the %mplementation of Human Rights %nstruments
$. Authoritarian regimes headed by dictators and ruthless leaders
'. Article ', par. 1 of the /& "harter, which states that#
7&othing contained in the present "harter shall authori3e the
/nited &ations to intervene in matters which are essentially
within the domestic -urisdiction of any state or shall require the
6embers to submit such matters to settlement under the present
"harter@ but this principle shall not pre-udice the application of
enforcement measures under "hapter G%%.8
*. 4rovisions in international treaties that are not self-e2ecuting
They cannot be applied unless implementing local legislations are enacted
+. :conomic, social and cultural rights have no fi2ed and well-defined forum to redress
violations
,. Human rights violations are rarely reported
Stephanie Luette M. Macapa!a"Pa!e $&
REPUBLIC ACT NO. 9851
AN ACT DEFINING AND PENALIZING CRIMES AGAINST INTERNATIONAL
HUMANITARIAN LAW, GENOCIDE AND OTHER CRIMES AGAINST HUMANITY,
ORGANIZING JURISDICTION, DESIGNATING SPECIAL COURTS, AND FOR
RELATED PURPOSES
!e it enacted by the Senate and House of Representatives of the 4hilippines in "ongress
assembled#
CHAPTER I
INTRODUCTORY PROVISIONS
Se!"#$ 1. Short Title. - This Act shall be nown as the "Philippine Act on Crimes Against
International Humanitarian Law, Genocide, and Other Crimes Against
Humanity".
Se!"#$ %. Declaration of Principles and State Policies. -
<a= The 4hilippines 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 to a policy of peace, equality, -ustice, freedom, cooperation and amity with all
nations.
<b= The state values the dignity of every human person and guarantees full respect for
human rights, including the rights of indigenous cultural communities and other
vulnerable groups, such as women and children@
<c= %t shall be the responsibility of the State and all other sectors concerned to resolved
armed conflict in order to promote the goal of L"hildren as Mones of 4eaceL@
<d= The state adopts the generally accepted principles of international law, including the
Hague "onventions of $AB1, the 5eneva "onventions on the protection of victims of war
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 taing measures
at the national level, in order to put an end to impunity for the perpetrators of these
crimes and thus contribute to the prevention of such crimes, it being the duty of every
State to e2ercise its criminal -urisdiction over those responsible for international crimes@
<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, %t shall also protect victims, witnesses and their families, and provide
appropriate redress to victims and their families, %t shall ensure that the legal systems in
place provide accessible and gender-sensitive avenues of redress for victims of armed
conflict, and
Stephanie Luette M. Macapa!a"Pa!e $'
<g=The State recogni3es that the application of the provisions of this Act shall not affect
the legal status of the parties to a conflict, nor give an implied recognition of the status of
belligerency
CHAPTER II
DEFINITION OF TERMS
Se!"#$ &. For purposes of this Act, the term:
<a= LApartheidN means inhumane acts committed in the conte2t of an institutionali3ed
regime of systematic oppression and domination by one racial group or groups and
committed with the intention of maintaining that regime
<b= LArbitrary deportation or forcible transfer of populationL means forced displacement
of the persons concerned by e2pultion by e2pulsion or other coercive acts from the area
in which they are lawfully present, without grounds permitted under domestic or
international law.
<c= LArmed conflictL means any use of force or armed violence between States or a
protracted armed violence between governmental authorities and organi3ed armed
groups or between such groups within that State# 4rovided, That such force or armed
violence gives rise, or may give rise, to a situation to which the 5eneva "onventions of $'
August $A+A, including their common Article *, apply. Armed conflict may be
international, that is, between two <'= or more States, including belligerent occupation@
or non-international, that is, between governmental authorities and organi3ed armed
groups or between such groups within a state. %t does not cover internal disturbances or
tensions such as riots, isolated and sporadic acts of violence or other acts of a similar
nature.
<d= LArmed forcesL means all organi3ed armed forces, 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. Such armed forces shall be sub-ect to an internal disciplinary
system which enforces compliance with %nternational Humanitarian 9aw
<e= LAttac directed against any civilian populationL means a course of conduct involving
the multiple commission of acts referred to in Section . of this Act against any civilian
population, pursuant to or in furtherance of a State or organi3ational policy to commit
such attac.
<f= L:ffective command and controlL or L effective authority and controlL means having
the material ability to prevent and punish the commission of offenses by subordinates.
<g= L:nforced or involuntary disappearance of personsL means the arrest, detention, or
abduction of persons by, or with the authori3ation support or acquiescence of, a State or
a political organi3ation followed by a refusal to acnowledge that deprivation of freedom
or to give information on the fate or whereabouts of those persons, with the intention of
removing from the protection of the law for a prolonged period of time
Stephanie Luette M. Macapa!a"Pa!e $(
<h= L:nslavementL means the e2ercise of any or all of the powers attaching to the right of
ownership over a person and includes the e2ercise of such power in the course of
trafficing in persons, in particular women and children.
<i= L:2terminationL means the international infliction of conditions of life, inter alia, the
deprivation of access to food and medicine, calculated to bring about the destruction of a
part of a population.
<-= L (orced pregnancyL means the unlawful confinement of a women to be forcibly made
pregnant, with the intent of affecting the ethnic composition of any population carrying
out other grave violations of international law.
<= LHors de Combat" means a person who#
<$= is in the power of an adverse party@
<'= has clearly e2pressed an intention to surrender@ or
<*= has been rendered unconscious or otherwise incapacitated by wounds or
sicness and therefore is incapable of defending himself# 4rovided, that in any of
these cases, the person form any hostile act and does not attempt to escape.
<l= L6ilitary necessityL means the necessity of employing measures which are
indispensable to achieve a legitimate aim of the conflict and are not otherwise prohibited
by %nternational Humanitarian 9aw
<m= L&on-defended localityL means a locality that fulfills the following conditions#
<$= all combatants, as well as mobile weapons and mobile military equipment,
must have been evacuated@
<'= no hostile use of fi2ed military installations or establishments must have been
made@
<*= no acts of hostility must have been committed by the authorities or by the
population@ and
<+= no activities in support of military operations, must have been undertaen.
<n= L&o quarter will be givenN means refusing to spare the life of anybody, even of
persons manifestly unable to defend themselves or who clearly e2press their intention to
surrender.
<o= L4erfidyL means acts which invite the confidence of an adversary to lead him?her to
believe he?she is entitled to, or is obliged to accord, protection under the rules of
%nternational Humanitarian 9aw, with the intent to betray that confidence, including but
not limited to#
<$= feigning an intent to negotiate under a flag of truce@
Stephanie Luette M. Macapa!a"Pa!e $)
<'= feigning surrender@
<*= feigning incapacitation by wounds or sicness@
<+= feigning civilian or noncombatant status@ and
<,= feigning protective status by use of signs, emblems or uniforms of the /nited
&ations or of a neutral or other State not party to the conflict.
<p= L4ersecutionL means the international and severe deprivation of fundamental rights
contrary to international law by reason of identity of the group or collectivity.
<q= L4rotect personL in an armed conflict means#
<$= a person wounded, sic or shipwreced, whether civilian or military@
<'= a prisoner of war or any person deprived of liberty for reasons related to an
armed conflict@
<*= a civilian or any person not taing a direct part or having ceased to tae part
in the hostilities in the power of the adverse party@
<+= a person who, before the beginning of hostilities, 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@
<,= a member of the medical personnel assigned e2clusively to medical purposes
or to the administration of medical units or to the operation of or administration
of medical transports@ or
<.= a member of the religious personnel who is e2clusively engaged in the wor of
their ministry and attached to the armed forces of a party to the conflict, its
medical units or medical transports, or non-denominational, noncombatant
military personnel carrying out functions similar to religious personnel.
<r= L SuperiorL means#
<$= a military commander or a person effectively acting as a military commander@
or
<'= any other superior, in as much as the crimes arose from activities within the
effective authority and control of that superior.
<s= LTortureL means the intentional infliction of severe pain or suffering, whether
physical, mental, or psychological, upon a person in the custody or under the control of
the accused@ e2cept that torture shall not include pain or suffering arising only from,
inherent in or incidental to, lawful sanctions.
Stephanie Luette M. Macapa!a"Pa!e $*
<t= L)ors and installations containing dangerous forcesL means wors and installations
the attac of which may cause the release of dangerous forces and consequent severe
losses among the civilian population, namely# dams, dies, and nuclear, electrical
generation stations.
CHAPTER III
CRIMES AGAINST INTERNATIONAL HUMANITARIAN LAW,
GENOCIDE AND OTHER CRIMES AGAINST HUMANITY
Se!"#$ '. ar Crimes. - (or the purpose of this Act, Lwar crimesL or Lcrimes against
%nterntional Human Humanitarian 9awL means#
<a= %n case of an international armed conflict , grave breaches of the 5eneva "onventions
of $' August $A+A, namely, any of the following acts against persons or property
protected under provisions of the relevant 5eneva "onvention#
<$= )illful illing@
<'= Torture or inhuman treatment, including biological e2periments@
<*= )illfully causing great suffering, or serious in-ury to body or health@
<+= :2tensive destruction and appropriation of property not -ustified by military
necessity and carried out unlawfully and wantonly@
<,= )illfully depriving a prisoner of war or other protected person of the rights of
fair and regular trial@
<.= Arbitrary deportation or forcible transfer of population or unlawful
confinement@
<1= Taing of hostages@
<;= "ompelling a prisoner a prisoner of war or other protected person to serve in
the forces of a hostile power@ and
<A= /n-ustifiable delay in the repatriation of prisoners of war or other protected
persons.
<b= %n case of a non-international armed conflict, serious violations of common Article *
to the four <+= 5eneva "onventions of $' August $A+A, namely , any of the following acts
committed against persons taing no active part in the hostilities, including member of
the armed forces who have laid down their arms and those placed hors de combat by
sicness, wounds, detention or any other cause@
<$= Giolence to life and person, in particular, willful illings, mutilation, cruel
treatment and torture@
<'= "ommitting outrages upon personal dignity, in particular, humiliating and
degrading treatment@
Stephanie Luette M. Macapa!a"Pa!e $+
<*= Taing of hostages@ and
<+= The passing of sentences and the carrying out of e2ecutions without previous
-udgment pronounced by a regularly constituted court, affording all -udicial
guarantees which are generally recogni3ed as indispensable.
<c= Cther serious violations of the laws and customs applicable in armed conflict, within
the established framewor of international law, namely#
<$= %nternationally directing attacs against the civilian population as such or
against individual civilians not taing direct part in hostilities@
<'= %ntentionally directing attacs against civilian ob-ects, that is, ob-ect which
are not military ob-ectives@
<*= %ntentionally directing attacs against buildings, material, medical units and
transport, and personnel using the distinctive emblems of the 5eneva
"onventions or Additional 4rotocol %%% in conformity with intentional law@
<+= %ntentionally directing attacs against personnel, installations, material, units
or vehicles involved in a humanitarian assistance or peaceeeping mission in
accordance with the "harter of the /nited &ations, as ling as they are entitled to
the protection given to civilians or civilian ob-ects under the international law of
armed conflict@
<,= 9aunching an attac in the nowledge that such attac will cause incidental
loss of life or in-ury to civilians or damage to civilian ob-ects or widespread, long-
term and severe damage to the natural environment which would be e2cessive in
relation to the concrete and direct military advantage anticipated@
<.= 9aunching an attac against wors or installations containing dangerous
forces in the nowledge that such attac will cause e2cessive loss of life, in-ury to
civilians or damage to civilian ob-ects, and causing death or serious in-ury to body
or health .
<1= Attacing or bombarding, by whatever means, towns, villages, dwellings or
buildings which are undefended and which are not military ob-ectives, or maing
non-defended localities or demilitari3ed 3ones the ob-ect of attac@
<;= Oilling or wounding a person in the nowledge that he?she is hors de
combat, including a combatant who, having laid down his?her arms or no longer
having means of defense, has surrendered at discretion@
<A= 6aing improper use of a flag of truce, of the flag or the military insignia and
uniform of the enemy or of the /nited &ations, as well as of the distinctive
emblems of the 5eneva "onventions or other protective signs under
%nternational Humanitarian 9aw, resulting in death, serious personal in-ury or
capture@
Stephanie Luette M. Macapa!a"Pa!e %,
<$B= %ntentionally directing attacs against buildings dedicated to religion,
education, art, science or charitable purposes, historic monuments, hospitals and
places where the sic and wounded are collected, provided they are not military
ob-ectives. %n case of doubt whether such building or place has been used to mae
an effective contribution to military action, it shall be presumed not to be so
used@
<$$= Sub-ecting persons who are in the power of an adverse party to physical
mutilation or to medical or scientific e2periments of any ind, or to removal of
tissue or organs for transplantation, which are neither -ustified by the medical,
dental or hospital treatment of the person concerned nor carried out in his?her
interest, and which cause death to or seriously endanger the health of such
person or persons@
<$'= Oilling, wounding or capturing an adversary by resort to perfidy@
<$*= >eclaring that no quarter will be given@
<$+= >estroying or sei3ing the enemyNs property unless such destruction or sei3ure
is imperatively demanded by the necessities of war@
<$,= 4illaging a town or place, even when taen by assault@
<$.= Crdering the displacements of the civilian population for reasons related to
the conflict, unless the security of the civilians involved or imperative military
reasons so demand@
<$1= Transferring, directly or indirectly, by the occupying power of parts of its
own civilian population into the territory it occupies, or the deportation or
transfer of all or parts of the population of the occupied territory within or
outside this territory@
<$;= "ommiting outrages upon personal dignity, in particular, humiliating and
degrading treatments@
<$A= "ommiting rape, se2ual slavery, enforced prostitution, forced pregnancy,
enforced sterili3ation, or any other form of se2ual violence also constituting a
grave breach of the 5eneva "onventions or a serious violation of common Article
* to the 5eneva "onvensions@
<'B= /tili3ing the presence of a civilian or other protected person to render
certain points, areas or military forces immune from military operations@
<'$= %ntentionally using starvation of civilians as a method of warfare by
depriving them of ob-ects indespensable to their survival, including willfully
impeding relief supplies as provided for under the 5eneva "onventions and their
Additional 4rotocols@
<''= %n an international armed conflict, compelling the nationals of the hostile
party to tae part in the operations of war directed against their own country,
Stephanie Luette M. Macapa!a"Pa!e %#
even if they were in the belligerentNs service before the commencement of the
war@
<'*= %n an international armed conflict, declaring abolished, suspended or
inadmissible in a court of law the rights and actions of the nationals of the hostile
party@
<'+= "ommiting any of the following acts#
<i= "onscripting, enlisting or recruiting children under the age of fifteen
<$,= years into the national armed forces@
<ii= "onscripting, enlisting or recruiting children under the age of eighteen
<$;= years into an armed force or group other than the national armed
forces@ and
<iii= /sing children under the age of eighteen <$;= years to participate
actively in hostilities@ and
<',= :mploying means of warfare which are prohibited under international law,
such as#
<i= 4oison or poisoned weapons@
<ii= Asphy2iating, poisonous or other gases, and all analogous liquids,
materials or devices@
<iii= !ullets which e2pand or flatten easily in the human body, such as
bullets with hard envelopes which do not entirely cover the core or are
pierced with incisions@ and
<iv= )eapons, pro-ectiles and material and methods of warfare which are
of the nature to cause superfluous in-ury or unecessary suffering or which
are inherently indiscriminate in violation of the international law of
armed conflict.
Any person found guilty of commiting any of the acts specified herein shall suffer the
penalty provided under Section 1 of this Act.
Se!"#$ 5. !enocide - <a= (or the purpose of this Act, LgenocideL means any of the following
acts with intent to destroy, in whole or in part, a national, ethnic, racial, religious, social or any
other similar stable and permanent group as such#
<$= Oilling members of the group@
<'= "ausing serious bodily or mental harm to members of the group@
<*= >eliberately inflicting on the group conditions of life calculated to bring about
its physical destruction in whole or in part@
Stephanie Luette M. Macapa!a"Pa!e %$
<+= %mposing measures intended to prevent births within the group@ and
<,= (orcibly transferring children of the group to another group.
<b= %t shall be unlawful for any person to directly and publicly incite others to commit
genocide.
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 1 of this Act.
Se!"#$ (. "ther Crimes A#ainst Humanit$. - (or the purpose of this act, Lother crimes against
humanityL means any of the following acts when committed as part of a widespread or
systematic attac directed against any civilian population, with nowledge of the attac#
<a= )illful illing@
<b= :2termination@
<c= :nslavement@
<d= Arbitrary deportation or forcible transfer of population@
<e= %mprisonment or other severe deprivation of physical liberty in violation of
fundamental rules of international law@
<f= Torture@
<g= Rape, se2ual slavery, enforced prostitution, forced pregnancy, enforced sterili3ation,
or any other form of se2ual violence of comparable gravity@
<h= 4ersecution against any identifiable group or collectivity on political, racial, national,
ethnic, cultural, religious, gender, se2ual orientation or other grounds that are
universally recogni3ed as impermissible under international law, in connection with any
act referred to in this paragraph or any crime defined in this Act@
<i= :nforced or involuntary disappearance of persons@
<-= Apartheid@ and
<= Cther inhumane acts of a similar character intentionally causing great suffering, or
serious in-ury to body or to mental or physical health.
Any person found guilty of committing any of the acts specified herein shall suffer the penalty
provided under Section 1 of this Act.
CHAPTER IV
PENAL PROVISIONS
Stephanie Luette M. Macapa!a"Pa!e %%
Se!"#$ ). Penalties. - Any person found guilty of committing any of the acts provided under
Sections +, , and . of this Act shall suffer the penalty of reclusion temporal in its medium to
ma2imum period and a fine ranging from Cne hundred thousand pesos <4hp $BB,BBB.BB= to
(ive hundred thousand pesos <4hp ,BB,BBB.BB=.
)hen -ustified by the e2treme gravity of the crime, especially where the commision of any of the
crimes specified herein results in death or serious physical in-ury, or constitutes rape, and
considering the individual circumstances of the accused, the penalty of reclusion perpetua and a
fine ranging from (ive hundred thousand pesos <4hp ,BB,BBB.BB= to Cne million pesos <4hp
$,BBB,BBB.BB= shall be imposed.
Any person found guilty of inciting others to commit genocide referred to in Section ,<b= of this
Act shall suffer the penalty of prision mayor in its minimum period and a fine ranging from Ten
thousand pesos <4hp $B,BBB.BB= to Twenty thousand pesos <4hp 'B,BBB.BB=.
%n addition, the court shall order the forfeiture of proceeds, property and assets derived, directly
or indirectly, from that crime, without pre-udice to the rights of bona fide third <*rd= parties.
The court shall also impose the corresponding accessory penalties under the Revised 4enal
"ode, especially where the offender is a public officer.
CHAPTER V
SOME PRINCIPLES OF CRIMINAL LIABILITY
Se!"#$ 8. %ndi&idual Criminal 'esponsibilities. - <a= %n addition to e2isting provisions in
4hilippine law on principles of criminal responsibility, a person shall be criminally liable as
principal for a crime defined and penali3ed in this Act if he?she#
<$= "ommits such a crime, whether as an individual, -ointly with another or
through another person, regardless of whether that other person is criminally
responsible@
<'= Crders, solicits or induces the commission of such a crime which in fact
occurs or is attempted@
<*= %n any other way contributes to the commission or attempted commission of
such a crime by a group of person acting with a common purpose. Such
contribution shall be intentional and shall either#
<i= be made with the aim of furthering the criminal activity or criminal
purpose of the group, where such activity or purpose involves the
commission of a crime defined in this Act@ or
<ii= be made in the nowledge of the intention of the group to commit the
crime.
<b= A person shall be criminally liable as accomplice for facilitating the commission of a
crime defined and penali3ed in this Act if he?she aids, abets or otherwise assists in its
commission or attempted commission, including providing the means for its
commission.
Stephanie Luette M. Macapa!a"Pa!e %&
<c= A person shall be criminally liable for a crime defined and penali3ed in this Act if
he?she attempts to commit such a crime by taing action that commences its e2ecution
by means of a substantial step, but the crime does not occur because of circumstances
independent of the personNs intention. However, a person who abandons the effort to
commit the crime or otherwise prevents the completion of the crime shall not be liable
for punishment under this Act for the attempt to commit the same if he?she completely
and voluntarily gave up the criminal purpose.
Se!"#$ 9. %rrele&ance of "fficial Capacit$. - This Act shall apply equally to all persons without
any distinction based on official capacity. %n particular, official capacity as a head of state or
government, a member of a government or parliament, an elected representative or a
government official shall in no case e2empt a person from criminal responsibility under this Act,
nor shall it, in and of itself, constitute a ground for reduction of sentence. However#
<a= %mmunities or special procedural rules that may be attached to the official capacity of
a person under 4hilippine law other than the established constitutional immunity from
suit of the 4hilippine 4resident during his?her tenure, shall not bar the court from
e2ercising -urisdiction over such a person@ and
<b= %mmunities that may be attached to the official capacity of a person under
international law may limit the application of this Act, nut only within the bounds
established under international law.
Se!"#$ 1*. 'esponsibilit$ of Superiors. - %n addition to other grounds of criminal
responsibility for crimes defined and penali3ed under this Act, a superior shall be criminally
responsible as a principal for such crimes committed by subordinates under his?her effective
command and control, or effective authority and control as the case may be, as a result of
his?her failure to properly e2ercise control over such subordinates, where#
<a= That superior either new or, owing to the circumstances at the time, should have
nown that the subordinates were committing or about to commit such crimes@
<b= That superior failed to tae 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.
Se!"#$ 11. (on)prescription. - The crimes defined and penali3ed under this Act, their
prosecution, and the e2ecution of sentences imposed on their account, shall not be sub-ect to
any prescription.
Se!"#$ 1%. "rders from a Superior. - The fact that a crime defined and penali3ed under this
Act has been committed by a person pursuant to an order of a government or a superior,
whether military or civilian, 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@
<b= The person did not now that the order was unlawful@ and
Stephanie Luette M. Macapa!a"Pa!e %'
<c= The order was not manifestly unlawful.
(or the purposes of this section, orders to commit genocide or other crimes against humanity
are manifestly unlawful.
CHAPTER VI
P+#!e!"#$ #, V"!"-. /$0 W"!$e..e.
Se!"#$ 1&. Protection of *ictims and itnesses. - %n addition to e2isting provisions in
4hilippine law for the protection of victims and witnesses, the following measures shall be
undertaen#
<a= The 4hilippine court shall tae appropriate measures to protect the safety, physical
and physiological well-being, dignity and privacy of victims and witnesses. %n so doing,
the court shall have regard of all relevant factors, including age, gender and health, and
the nature of the crime, in particular, but not limited to, where the crime involves se2ual
or gender violence or violence against children. The prosecutor shall tae such measures
particularly during the investigation and prosecution of such crimes. These measures
shall not be pre-udicial to or inconsistent with the rights of the accused and to a fair and
impartial trial@
<b= As an e2ception to the general principle of public hearings, the court may, to protect
the victims and witnesses or an accused, conduct any part of the proceedings in camera
or allow the presentation of evidence by electronic or other special means. %n particular,
such measures shall be implemented in the case of the victim of se2ual violence or a child
who is a victim or is a witness, unless otherwise ordered by the court, having regard to all
the circumstances, particularly the views of the victim or witness@
<c= )here 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 pre-udicial to or
inconsistent with the rights of the accused and a fair and impartial trial. 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@ and
<d= )here 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, the prosecution may,
for the purposes of any proceedings conducted prior to the commencement of the trial,
withhold such evidence or information and instead submit a summary thereof. Such
measures shall be e2ercised in a manner which is not pre-udicial to or inconsistent with
the rights of the accused and to a fair and impartial trial.
Se!"#$ 1'. 'eparations to *ictims. - %n addition to e2isting provisions in 4hilippine law and
procedural rules for reparations to victims, the following measures shall be undertaen#
<a= The court shall follow the principles relating to the reparations to, or in respect of,
victims,including restitution, compensation and rehabilitation. Cn this basis, in its
decision, the court may, wither upon request or on its own motion in e2ceptional
Stephanie Luette M. Macapa!a"Pa!e %(
circumstances, determine the scope and e2tent of any damage, loss and in-ury to, or in
respect of, victims and state the principles on which it is acting@+a&&phi+
<b= The court may mae an order directly against a convicted person specifying
appropriate reparations to, or in respect of, victims, including restitution, compensation
and rehabilitation@ and
<c= !efore maing an order under this section, the court may invite and shall tae
account of representations from or on behalf of the convicted person, victims or other
interested persons.
&othing in this section shall be interpreted as pre-udicing the rights of victims under national or
international law.
CHAPTER VII
A112"/3"2"!4 #, I$!e+$/!"#$/2 L/5 /$0 O!6e+ L/5.
Se!"#$ 15. Applicabilit$ of %nternational ,a-.- %n the application and interpretation of this
Act, 4hilippine courts shall be guided by the following sources#
<a= The $A+; 5enocide "onvention@
<b= The $A+A 5enava "onventions %-%G, their $A11 Additional 4rotocols % and %% and their
'BB, Additional 4rotocol %%%@
<c= The $A,+ Hague "onvention for the 4rotection of "ultural 4roperty in the :vent of
Armed "onflict, its (irst 4rotocol and its $AAA Second 4rotocol@
<d= The $A;A "onvention on the Rights of the "hild and its 'BBB Cptional 4rotocol on
the %nvolvement of "hildren in Armed "onflict@
<e= The rules and principles of customary international law@
<f= The -udicial decisions of international courts and tribunals@
<g= Relevant and applicable international human rights instruments@
<h= Cther relevant international treaties and conventions ratified or acceded to by the
Republic of the 4hilippines@ and
<i= Teachings of the most highly qualified publicists and authoritative commentaries on
the foregoing sources as subsidiary means for the determination of rules of international
law.
Se!"#$ 1(. Suppletor$ Application of the 'e&ised Penal Code and "ther !eneral or Special
,a-s. - The provisions of the Revised 4enal "ode and other general or special laws shall have a
suppletory application to the provisions of this Act.
Stephanie Luette M. Macapa!a"Pa!e %)
CHAPTER VII
JURISDICTION
Se!"#$ 1). .urisdiction.- The State shall e2ercise -urisdiction over persons, whether military or
civilian, suspected or accused of a crime defined and penali3ed in this Act, regardless of where
the crime is committed, provided, any one of the following conditions is met#
<a= The accused is a (ilipino citi3en@
<b= The accused, regardless of citi3enship or residence, is present in the 4hilippines@ or
<c= The accused has committed the said crime against a (ilipino citi3en.
%n the interest of -ustice, the relevant 4hilippine 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 undertaing the prosecution of such crime. %nstead, the
authorities may surrender or e2tradite suspected or accused persons in the 4hilippines to the
appropriate international court, if any, or to another State pursuant to the applicable e2tradition
laws and treaties.
&o criminal proceedings shall be initiated against foreign nationals suspected or accused of
having committed the crimes defined and penali3ed in this Act if they have been tried by a
competent court outside the 4hilippines in respect of the same offense and acquitted, or having
been convicted, already served their sentence.
Se!"#$ 18. Philippine Court, Prosecutors and %n&esti#ators. - The Regional Trial "ourt of the
4hilippines shall have original and e2clusive -urisdiction over the crimes punishable under this
Act. Their -udgments may be appealed or elevated to the "ourt of Appeals and to the Supreme
"ourt as provided by law.
The Supreme "ourt shall designate special courts to try cases involving crimes punishable under
this Act. (or these cases, the "ommission on Human Rights, the >epartment of Iustice, the
4hilippine &ational 4olice or other concerned law enforcement agencies shall designate
prosecutors or investigators as the case may be.
The State shall ensure that -udges, prosecutors and investigators, especially those designated for
purposes of this Act, receive effective training in human rights, %nternational Humanitarian 9aw
and %nternational "riminal 9aw.
CHAPTER I7
FINAL PROVISIONS
Se!"#$ 19. Separabilit$ Clause. - %f, for any reason or reasons, any part or provision of this
Statute shall be held to be unconstitutional or invalid, other parts or provisions hereof which are
not affected thereby shall continue to be in full force and effect.
Se!"#$ %*. 'epealin# Clause. ) All laws, presidential decrees and issuances, e2ecutive orders,
rules and regulations or parts thereof inconsistent with the provisions of this Statute are hereby
repealed or modified accordingly.
Stephanie Luette M. Macapa!a"Pa!e %*
Se!"#$ %1. /ffecti&it$. - This Act shall tae effect fifteen <$,= days after its complete
publication in the "fficial !a0ette or in two <'= newspapers general circulation.
Stephanie Luette M. Macapa!a"Pa!e %+

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HUMAN RIGHTS under Atty.

Principe, Midterms Reviewer

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