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MERCANTILE LAW is a body of law that deals with customs and practices of local and

international commerce, which tackles trades, sales, buying, selling, transportation, contract and
all forms of business transactions.
I.
Title: AN ACT PROVIDING FOR A NATIONAL COMPETITION POLICY PROHIBITING
ANTI-COMPETITIVE AGREEMENTS, ABUSE OF DOMINANT POSITION AND ANTICOMPETITIVE MERGERS AND ACQUISITIONS, ESTABLISHING THE PHILIPPINE
COMPETITION COMMISSION AND APPROPRIATING FUNDS THEREFOR.
Republic Act 10667

Approved July 21, 2015

Fighting business monopolies, cartel and over pricing products and merchandise.
1. Preventing a corporation and/or company who uses their dominance to prevent growth of
micro economics.
2. Preventing a corporation and/or company who prevent new corporation and/or company
to compete with the same nature of business they are engage to.
3. Preventing a corporation and/or company who will endanger micro economics by no
releasing supplies.
4. To scrutinize all mergers and acquisition of corporation and/or company before such.
The Philippine Competition Act which will penalize anti-competitive business behaviors, abuses
in dominant positions and anti-competitive mergers and acquisitions.
Moreover the creation of Congressional Oversight Committee on Competition and Philippine
Competition Commission.
Philippine Competition Commission will promote fair competition in the market. Wherein the
buyer will pay the true cost of the product while the seller will be encouraged to improved
quality of their product. On the said law it promotes balance on the consumer and the producer,
thus there will be a fair competition on the playing field of marketing and it is a response to the
international completion businesses.

II.
Title: AN ACT ALLOWING FOREIGN VESSELS TO TRANSPORT AND CO-LOAD
FOREIGN CARGOES FOR DOMESTIC TRANSSHIPMENT AND FOR OTHER
PURPOSES.
Republic Act 10668

Approved July 21, 2015

The law allows foreign ships carrying imported cargoes and cargoes to be exported out of the
country to dock in multiple ports.
Accordingly the law was passed to lessen the expenses of the shippers, because accordingly the
shipper pay an amount $ 1,264.00 per container from Cagayan de Oro to Manila and Manila to
Hong Kong. This law shippers can go directly from Cagayan de Oro to Hong Kong saving $
764.00 in the process, and just pay $ 500.00.
The issue arises from a letter by Joint Foreign Chamber of the Philippines said this particular
reform will pave the way for lower production costs for Filipino producers and entrepreneurs
by allowing importers and exporters to co-load in foreign ships going in or out of the Philippine
Jurisdiction. Moreover the law will ensure that foundations we have laid for the transformation
of our economy and business environment will not be easily dismantled (P.BS Aquino).

Note : Both law have a criminal law in nature because they penalized those who violates the
above stated law, more specifically on Chapter VI of Republic Act 10667 and Section 9 of
Republic Act 10668.

CRIMINAL LAW a branch or division of law which treats of crimes and their punishment. The
term denote the laws which define and prohibit the various species of crimes and establish their
punishments.
I.
Title: AN ACT PENALIZING TORTURE AND OTHER CRUEL, INHUMAN AND
DEGRADING TREATMENT OR PUNISHMENT AND PRESCRIBING PENALTIES
THEREFOR.
Republic Act 9745

Approved November 10, 2009

Republic Act 9745 legally defined the term torture as an act by which severe pain or suffering,
whether physical or mental, is intentionally inflicted on a person for purposes such as obtaining
information, or intimidating another person. In the same way, the The law formalized defined the
scope of torture as systematic beating, food deprivation, electric shock, cigarette burning, rape,
among others. Mental and psychological torture, meanwhile, refers to acts by a person in
authority which are designed to affect or confuse the mind. Such acts may also undermine the
dignity and morale of a person. Mental and psychological torture includes blindfolding,
prolonged interrogation, maltreating a member or members of a person's family, and sleep
deprivation denial of sleep, among others.
Salient Provisions
R.A. 9745 prohibits disallows any justification for torture and other inhuman punishments. It
requires the military and police to submit a monthly report, listing all its detention centers,
including safehouses, to the Commission on Human Rights. Parties that maintain secret detention
centers or fail to include a detention center in the list provided to the CHR will be penalized. In
the same way, Persons who committed torture or influenced another individual in committing
torture or other cruel, inhuman and degrading treatment or punishment is criminally liable.
The Anti-Torture law ensures that any form of admission or confession acquired as a result of
torture is inadmissible as evidence in legal proceedings. It further guarantees institutional
protection for victims in the form of impartial investigation conducted by the CHR and other
government agencies including the Department of Justice (DOJ), the Public Attorneys Office
(PAO), the Philippine National Police (PNP), the National Bureau of Investigation and the AFP.

The law also it includes provisions for the protection of complainants, and witnesses and persons
involved in the prosecution as well as the establishment of a rehabilitation program for victims.
Penalty
Under the law, the perpetrator is prescribed to a maximum penalty of life imprisonment. Other
penalties range from a minimum of six months to a maximum of 12 years of imprisonment
depending on the gravity of the offense.

II.
Title: AN ACT TO INSTITUTE POLICIES TO ELIMINATE TRAFFICKING IN PERSONS
ESPECIALLY

WOMEN

AND

CHILDREN,

ESTABLISHING

THE

NECESSARY

INSTITUTIONAL MECHANISMS FOR THE PROTECTION AND SUPPORT OF


TRAFFICKED PERSONS, PROVIDING PENALTIES FOR ITS VIOLATIONS, AND FOR
OTHER.
Republic Act 9208

Approved May 26, 2003

Republic Act 9208 was made in the Philippines in formulation of a comprehensive and integrated
program to prevent and suppress the trafficking in persons. This law is the only law that give
protection to workers, children and women, about trafficking of person for exploitation. The said
law aims to promote human dignity to protect the people from any threat of violence and
exploitation, and mitigate pressures for involuntary migration and servitude of persons, not only
to support trafficked persons but more importantly, to ensure their recovery, rehabilitation and
reintegration into the mainstream of society.
The said law established Inter-Agency Council Against Trafficking (IACAT), which is composed
of government agencies, non-government organizations and other civic organizations to
effectively ensure that there will be no exploitation and prevent and suppress the trafficking in
persons from one place to another. Department of Justice also created a special task force in
National Bureau of Investigation to implement such law and make sure that trafficking of
persons are monitored any anomalies will be investigated by the said task force and the same will
be prosecuted for violation of such law.
There are some laws which are related to RA 9208 which are as follows: Human Trafficking and
Prostitution of Children, on which they are significantly moral issues in the Philippines, due to
control and power organized crime syndicates. Enforcement of penal laws is, however, reported
to be inconsistent, thus the above mentioned law is created.
Penalty
Under the said law perpetrator is prescribed to the following penalties and sanctions:

(a) Any person found guilty of committing any of the acts enumerated in Section 4 shall suffer
the penalty of imprisonment of twenty (20) years and a fine of not less than One million pesos
(P1,000,000.00) but not more than Two million pesos (P2,000,000.00);
(b) Any person found guilty of committing any of the acts enumerated in Section 5 shall suffer
the penalty of imprisonment of fifteen (15) years and a fine of not less than Five hundred
thousand pesos (P500,000.00) but not more than One million pesos (P1,000,000.00);
(c) Any person found guilty of qualified trafficking under Section 6 shall suffer the penalty of
life imprisonment and a fine of not less than Two million pesos (P2,000,000.00) but not more
than Five million pesos (P5,000,000.00);
(d) Any person who violates Section 7 hereof shall suffer the penalty of imprisonment of six (6)
years and a fine of not less than Five hundred thousand pesos (P500,000.00) but not more than
One million pesos (P1,000,000.00);
(e) If the offender is a corporation, partnership, association, club, establishment or any juridical
person, the penalty shall be imposed upon the owner, president, partner, manager, and/or any
responsible officer who participated in the commission of the crime or who shall have knowingly
permitted or failed to prevent its commission;
(f) The registration with the Securities and Exchange Commission (SEC) and license to operate
of the erring agency, corporation, association, religious group, tour or travel agent, club or
establishment, or any place of entertainment shall be cancelled and revoked permanently. The
owner, president, partner or manager thereof shall not be allowed to operate similar
establishments in a different name;
(g) If the offender is a foreigner, he shall be immediately deported after serving his sentence and
be barred permanently from entering the country;
(h) Any employee or official of government agencies who shall issue or approve the issuance of
travel exit clearances, passports, registration certificates, counseling certificates, marriage
license, and other similar documents to persons, whether juridical or natural, recruitment

agencies, establishments or other individuals or groups, who fail to observe the prescribed
procedures and the requirement as provided for by laws, rules and regulations, shall be held
administratively liable, without prejudice to criminal liability under this Act. The concerned
government official or employee shall, upon conviction, be dismissed from the service and be
barred permanently to hold public office. His/her retirement and other benefits shall likewise be
forfeited; and
(i) Conviction by final judgment of the adopter for any offense under this Act shall result in the
immediate rescission of the decree of adoption.

TAXATION LAW is an area of legal study dealing with the constitutional, common-law,
statutory, tax treaty, and regulatory rules that constitute the law applicable to taxation.
I.
Title: AN ACT RESTRUCTURING THE EXCISE TAX ON ALCOHOL AND TOBACCO
PRODUCTS BY AMENDING SECTIONS 141, 142, 143, 144, 145, 8, 131 AND 288 OF
REPUBLIC ACT NO. 8424. OTHERWISE KNOWN AS THE NATIONAL INTERNAL
REVENUE CODE OF 1997, AS AMENDED BY REPUBLIC ACT NO. 9334, AND FOR
OTHER PURPOSES.
Republic Act 10351

Approved December 19, 2012

Republic Act 10351 aims to institute reforms to the outdated Philippine law on excise tax. By
increasing the retail price as mandated by this law, tobacco products were expected to become
less affordable, thus driving down the consumption levels. This law expect to lessen down
smokers by 2 million by 2016. The government also predicted an accumulated revenue of up to
billions of pesos, a significant portion of which will be used in the Universal Healthcare Program
of the Government.
Based on the said Republic Act Tobacco products should have been less affordable as a result of
the Sin Tax Law, the optimal tax should outpace the economic growth and inflation to make them
remain less affordable. This is because as economy grows, the income and purchasing power of
the population also increase, in the long run the high price of tobacco products will lessen the
consumer.
According to the committee where this law originated most of the smokers are considered poor, a
tobacco control program highly focused towards this group is the most strategic mechanism to
decrease the overall smoking prevalence. Through demand-driven interventions such as
increasing the retail price through taxation, the goal of driving down the cigarette consumption
levels can be achieved because the price sensitivity of the poorer segments of the population.
(house of representative report)

Therefore the law amends the National Internal Revenue Code of 1997 specifically sections 141,
142, 143, 144, 145, 8, 131 and 288, to increase the revenue to excise taxes mainly on alcohol and
cigarettes.

II.
Title: AN ACT ADJUSTING THE 13TH MONTH PAY AND OTHER BENEFITS CEILING
EXCLUDED FROM THE COMPUTATION OF GROSS INCOME FOR PURPOSES OF
INCOME TAXATION, AMENDING FOR THE PURPOSE SECTION 32(B), CHAPTER VI
OF THE NATIONAL INTERNAL REVENUE CODE OF 1997, AS AMENDED.
Republic Act 10653

Approved February 12, 2015

The Republic Act amends the Section 32 (b) Chapter IV of the National Internal Revenue Code
of the Philippines (e) and paragraph e (iv). More specifically as follows:
SEC. 32. Gross Income.
x x x
(B) Exclusions from Gross Income. The following items shall not be
included in gross income and shall be exempt from taxation under this Title:
xxx
(7) Miscellaneous Items. xxx
(e) 13th Month Pay and Other Benefits. Gross benefits received by
officials and employees of public and private entities: Provided, however,
That the total exclusion under this subparagraph shall not exceed eightytwo thousand pesos (P82,000) which shall cover:
xxx
(iv) Other benefits such as productivity incentives and Christmas bonus:
Provided, That every three (3) years after the effectively of this Act, the
President of the Philippines shall adjust the amount herein stated to its
present value using the Consumer Price Index (CPI), as published by the
National Statistics Office (NSO).

Accordingly the congress increase those who are exempted from tax on their 13 th
month pay, for the people to enjoy their 13 th month pay. Thus giving more power to
the President of the Philippines to amend the said provision every three years if
applicable, to be applicable on the given period.
LABOR LAW Body of rulings pertaining to working people and their organizations,
including trade unions and employee unions, enforced by government agencies. There are two
categories

of labor laws;

collective

and individual.

Collective

labor

law

involves relationships between the union, the employer and the employee. Individual labor law
involves concerns for employees' rights in

the workplace.

Labor

laws

first

became standard during the Industrial Revolution. Also called employment law.
I.
Title: AN ACT STRENGTHENING TRIPARTISM, AMENDING FOR THE PURPOSE
ARTICLE 275 OFPRESIDENTIAL DECREE NO. 442, AS AMENDED, OTHERWISE
KNOWN AS THE LABOR CODE OF THEPHILIPPINES.
Republic Act 10395

Approved March 14, 2013

The said law strengthen the employee in policy making, by means of tripartite industrial peace
council, by making the employee and the employer participate on the conference that will be
sponsored by the Department of Labor and Employment under the National Tripartite Industrial
Peace Council, that will be headed by the Secretary of Labor and Employment with twenty
representative each from labor and employers sectors to be designated by the President.
The NTIPC will monitor full implementation and compliance of concerned sectors with the
provision of all tripartite instrument, review existing labor, economic and social policies and
evaluate local and international developments affecting the labor. They will also formulate
views, recommendations and proposals on labor, economic and social concerns of the employer
and so as the employee.
Lastly they will adopt all program activities and rules, consistent with the development
objectives of the Tripartism that will be for the benefit of the employee and the employer. That
employer and employee should form part of the decision making and policy-making bodies of

the government to ensure that policies that has been laid down is properly established by the
congress, without jeopardizing the employer nor the employee on the process.

II.
Title: INCREASING THE AMOUNT OF CERTAIN EMPLOYMENT COMPENSATION
BENEFITS FOR EMPLOYEES IN THE PRIVATE AND PUBLIC SECTORS.
Executive Order No. 167 s. 2014

Done May 26, 2014

The Executive Order believes that there is a need to continually improve benefits under
Employees Compensation Program to make them more responsive to the welfare and
development needs of occupationally disabled workers. That the funeral cost is no longer
sufficient to suffice to the current needs thus increasing Funeral Benefits for both private and
public sectors hereby increase.
According to the law the Employees Compensation funeral benefits is hereby increased from
Ten Thousand Pesos (Php 10,000.00) to Twenty Thousand Pesos (Php 20,000.00). It also provide
that there should be no corresponding increases on the Employees compensation contribution on
the above state funeral benefits.
Lastly Employees Compensation Commission will shall have the power and duties, among
others, to upgrade benefits and grant new ones for permanent disability or death, subject to the
approval of the President, provided that the actuarial stability of the State Insurance Funds (SIF)
shall be guaranteed and that such increases in benefits shall not require any increase in
contributions from the employers, both private and public.

REMEDIAL LAW Is that branch of law which prescribes the method of enforcing rights
or obtaining redress for their invasion [Bustos vs. Lucero, 81 Phil. 640]. It is also known
as Adjective Law.
I.
Title: GUIDELINES FOR DECONGESTING HOLDING JAILS BY ENFORCING THE
RIGHTS OF ACCUSED PERSONS TO BAIL AND TO SPEEDY TRIAL.
A.M. No. 12-11-2-SC

Approved March 18, 2014

The Administrative Matter laid down guidelines on Article 3 Section 13 of the Philippines
Constitution, which all persons, except those charged with offenses punishable by reclusion
perpetua when evidence of guilt is strong, shall before conviction be bailable by sufficient
sureties or released on recognizance as the law may provide and further, that excessive bail shall
not be required. The Supreme Court has allowed the summary hearing of application for bail of
persons charged with offenses punishable by death, reclusion perpetua, or life imprisonment, the
Supreme Court hereby laid down policies respecting the accuseds rights to bail and to speedy
trial in the context of decongesting the detention jails and humanizing the conditions of detained
persons pending the hearing of their cases.
According to the Administrative Matter, City, Provincial and Municipal Jails need to be
decongested due to the numerous number of people who are detained, thus the conditions of the
jail system inhumane for a detention facility. This is to ensure that the accused is protected by the
government.
The Administrative Matter was created due to the recommendation of the Provincial, City and
Municipal jails, due to numerous accused has been detained in the Jail and the Supreme Court
formulate guidelines to decongest jails.

II.
Title: THE RULE OF PROCEDURE ON SMALL CLAIMS CASES
A.M. No. 08-8-7-SC

Approved November 21, 2000

The jurisdiction of small-claims courts typically encompasses private disputes that don't involve
large amounts of money. The routine collection of small debts forms a large portion of the cases
brought

to

small-claims

courts,

as

well

as evictions and

other

disputes

between landlords and tenants, unless the jurisdiction is already covered by a tenancy board.
A small-claims court generally has a maximum monetary limit to the amount of judgments it can
award, limiting the claim up to One Hundred Thousand Pesos (Php 100,000.00). By suing in a
small-claims court, the plaintiff typically waives any right to claim more than the court can
award.
Thus, even if the plaintiff is willing to accept less than the full amount, the case cannot be
brought to small-claims court. To bring the case to small-claims court, the plaintiff must prove
that actual damages are within the court's jurisdiction. In some jurisdictions, a party who loses in
a small-claims court is entitled to a trial de novo in a court of more general jurisdiction and with
more formal procedures.
The rules of civil procedure, and sometimes of evidence, are typically altered and simplified to
make the procedures economical. A usual guiding principle in these courts is that individuals
ought to be able to conduct their own cases and represent themselves without a lawyer. Rules are
relaxed, but still apply to some degree. In some jurisdictions, corporations must still be
represented by a lawyer in small-claims court. Expensive court procedures such as
interrogatories and depositions are usually not allowed in small-claims court, and practically all
matters filed in small-claims court are set for trial. Under court rules, should the defendant not
show up at trial and not have requested postponement, a default judgment may be entered in
favor of the plaintiff.
Winning in small-claims court does not automatically ensure payment in recompense of a
plaintiff's damages. This may be relatively easy, in the case of a dispute against an insured party,

or extremely difficult, in the case of an uncooperative, transient, or indigent defendant. The


judgment may be collected through wage garnishment and liens.

CIVIL LAW is a body of law of a state or nation governing the behavior of individuals and
corporations.The law determining private rights and liabilities, as opposed tocriminal law and ot
her public law.
I.
Title: AN ACT ALLOWING ILLEGITIMATE CHILDREN TO USE THE SURNAME OF
THEIR FATHER AMENDING FOR THE PURPOSE ARTICLE 176 OF EXECUTIVE
ORDER NO. 209, OTHERWISE KNOWN AS THE FAMILY CODE OF THE
PHILIPPINES.
Republic Act 9255

Approved February 24, 2004

Republic Act 9255 let the illegitimate children to use their fathers surname, however,
illegitimate children may use the surname of their father if their filiation has been expressly
recognized by their father through the record of birth appearing in the civil register, or when an
admission in a public document or private handwritten instrument is made by the father.
Provided, the father has the right to institute an action before the regular courts to prove nonfiliation during his lifetime.
The effect of the Republic Act 9255, the surname of the father shall be entered as the last name
of the child in the Certificate of Live Birth. The illegitimate child is entitled for support in
conformity with the family code.
The law applies to all illegitimate children before and after the effectively of this law. The law
was in accordance to United Nations Conventions of the Rights of Child which states that The
child shall be registered immediately after birth and shall have the right from birth to a name, the
right to acquire a nationality and, as far as possible, the right to know and be cared for by his or
her parents.

II.
Title: AN ACT ESTABLISHING REFORMS IN THE REGULATION OF RENT OF
CERTAIN RESIDENTIAL UNITS, PROVIDING THE MECHANISMS THEREFOR AND
FOR OTHER PURPOSES.
Republic Act 9653

Approved July 14, 2009

Under the law it covers all residential units in Metro Manila with rent of one peso to ten
thousand pesos per month and all units in other urban cities with rent of one peso to five
thousand pesos, accordingly from 2010 until 2013 the increase in rent should not be more than
7% annually. Owners of residential units cannot demand more than one-month advance rent and
more than two months deposit.
The said law does not cover motels and motel room, hotel and hotels room rent and also under
the rent-to-own scheme are not covered by the said law. Thus there should no increases in rent
prices from 2009 up until December 31, 2010.
Under this law there are certain sanctions for violators who will violate the said law, on which
they can be fined in the amount of Twenty Five Thousand pesos to Fifty Thousand Pesos or
imprisonment of one month and a day up to six months or both fine and imprisonment upon the
discretion of the court. Which criminalized the Owner who will violate such.
The rent control law was passed to prevent unconscionable price increase on rents in Metro
Manila so as on the urban area. To prevent landlords on exceeding price increase and to prevent
them from asking more than one month advance and two months deposit.

LEGAL AND JUDICIAL ETHICS it is a branch of moral science which treats of the duties
which an attorney owes to the court, to his client, to his colleagues in the profession and to the
public as embodied in the Constitution, Rules of Court, the Code of Processional
Responsibilities, Canons of Professional Ethics, jurisprudence, moral laws and special laws.
I.
Title: RE: PROPOSED REFORMS IN THE BAR EXAMINATIONS
B.M. No. 1161

September 3, 2013

The Court resolved, upon the recommendation of the Committee on Continuing Legal Education
and Bar Matters, to lift the five-strike rule on bar repeaters, provided that the candidates have
enrolled in and passed in regular fourth year review classes as well as attended a pre-bar review
course every time they take the Bar Examinations after failing for the third time, under a
curriculum prepared by the Legal Education Board (LEB), and in law schools accredited by it for
that purpose. This rule shall take effect beginning with the 2014 Bar Examinations.
The resolution provides that the refresher candidates shall attend fourth year review classes
under a curriculum prepared by the LEB and in law schools accredited by the LEB for the
purpose.

Hence the passage by the LEB of the appropriate rules was required for the

implementation of the resolution.


The Supreme Court should be lauded for lifting the 5-strike rule.

Considering the great

difficulty of the bar exams, the fluctuations in the pass rate, and the continual reforms and
changes in the exam format, it would be fairer to the candidates if no cap was imposed. The
writer however respectfully makes a few suggestions in order to better effectuate the liberal and
compassionate purpose behind the lifting of the 5-strike rule.
Firstly, it is suggested that the new refresher curriculum be applied beginning only with the 2016
bar exams. This is because the 4th year LEB model law curriculum will kick in only in SY 20152016.

It is also recommended that Civil Law Review II and Remedial Law Review II in the new
refresher curriculum be reduced to 3 units. This would synchronize the new refresher curriculum
with the LEB Model Law Curriculum.
Lastly, it is suggested also that the accreditation of law schools authorized to give refresher law
classes be deferred to the 2015 bar. This would avoid prejudice to those who had enrolled for SY
2013-2014 in anticipation of the lifting of the 5-strike rule for the 2014 bar, only to discover that
their law school would not be accredited under the subsequent LEB rules to give refresher
courses.

II.
Title: PROPOSED RULE ON MANDATORY LEGAL AID SERVICE FOR PRACTICING
LAWYERS
B.M. No. 2012

February 10, 2009

The rule seeks to enhance the duty of lawyers to society as agents of social change and to the
courts as officers thereof by helping improve access to justice by the less privileged members of
society and expedite the resolution of cases involving them. Mandatory free legal service by
members of the bar and their active support thereof will aid the efficient and effective
administration of justice especially in cases involving indigent and pauper litigants.
The rule shall govern the mandatory requirement for practicing lawyers to render free legal aid
services in all cases (whether civil, criminal, or administrative) involving indigent and pauper
litigants where the assistance of a lawyer is needed. It shall also govern the duty of other
members of the legal profession to support the legal aid program of the Integrated Bar of the
Philippines.
The rule requires all practicing lawyers to render sixty hours (60) of free legal service annually
or they will be penalized for forty thousand pesos (Php 40,000) on which the said rule penalized
a lawyer who did render mandatory legal aid. Thus this law is not just under Legal and Judicial
ethics but also under Criminal law due to the sanction on lawyers who did not render free legal
aid.

POLITICAL LAW is that branch of public law which deals with the organization and
operations of the governmental organs of the State and defines the relations of the State with the
inhabitants of its territory.
I.
Title: AN ACT PROVIDING FOR LOCAL ABSENTEE VOTING FOR MEDIA
Republic Act 10380

Approved March 14, 2013

The landmark law allows media practitioners from reporters to technical staff involve in news
gathering to enjoy the same privileges previously extended only to government official and
employees, members of the Philippine National Police, and members of the Armed Forces of the
Philippines.
However, absentee voting is limited only to the position of President, Vice-President, Senators,
and party list representative.
The said act was enacted due to the intensive coverage of the media personnel during election
period, they might not have time to vote due to media coverage on certain areas. Special those
media personnel that are assigned in the far flung area in our country.
According to report most of the media personnel fail to vote because of the coverage of the
election especially during election period, so the law encourage all media personnel to have a
chance to exercise their right to suffrage.

II.
Title: 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.
Republic Act 9851

Approved

December

11,

2009
Republic Act No. 9851, the new Philippine Act on Crimes against International Humanitarian
Law, Genocide, and Other Crimes against Humanity signed into law on 11 December 2009, is a
breakthrough law for the enforcement of international humanitarian law as well as human rights
in the Philippines. For the first time here, a national statute defines and penalizes the most
serious crimes of concern to the international community as a whole namely, war crimes,
genocide, and crimes against humanity. This could be even more significant than R.A. No. 9745,
the Anti-Torture Act of 2009 signed into law about a month earlier on 10 November 2009. To
the credit of the 14th Congress and international humanitarian law, of the Arroyo administration,
they have delivered this significant one-two punch for human rights and, and possibly a few
more good punch combinations, during the last round of this Congress and administration
before bowing out in mid-2010. But credit is also due to the various human rights and IHL
advocates in civil society and in government who have worked long and hard for these and
related legislation as well as administrative measures.
This new law will enable the Philippines to prosecute the international crimes itself, contribute to
an effective international criminal justice regime, strengthen its national criminal justice system,
and generally bring its national law into conformity with international standards as well as up-todate with important developments in international law. It can no longer be said that the
Philippines is unable to prosecute war crimes, genocide, and crimes against humanity for the
simple reason that there is no Philippine law defining and penalizing these serious international
crimes as such. Such inability could even justify the complementary jurisdiction of the
International Criminal Court over such crimes. It has been said that Criminal legislation is the
most appropriate and effective means of dealing with all serious violations of international

humanitarian law. But, as we shall explain further below, R.A. No. 9851 is a special law, not an
amendment to the Revised Penal Code, because this law is not simply criminal law but also
international criminal law, international humanitarian law and international human rights law. In
practical terms, something like the Maguindanao Massacre can now be prosecuted as a crime
against humanity rather than as a common crime of multiple murder.
R.A. No. 9851 also comes at a time when it can provide some teeth to a new effort for a civilian
protection component in the context of the peace process, particularly between the Government
of the Republic of the Philippines and the Moro Islamic Liberation Front. As a law which
enforces both human rights and international humanitarian law, it can also co-relate on a parallel
basis with the Comprehensive Agreement on Respect for Human Rights and International
Humanitarian Law between the Government of the Republic of the Philippines and the National
Democratic Front of the Philippines, with more reason as there has been no standing ceasefire
between them and as their Joint Monitoring Committee mechanism has been perennially
stalemated. The fact that R.A. No. 9851 is heavily informed by human rights and international
humanitarian law, even if it is still a national law, could make those major rebel groups look at or
treat it somewhat differently from the usual repressive laws and decrees of the state that they rail
against.