[REPUBLIC ACT NO.

1379] AN ACT DECLARING FORFEITURE IN FAVOR OF THE STATE

ANY PROPERTY FOUND TO HAVE BEEN UNLAWFULLY ACQUIRED BY ANY PUBLIC
OFFICER OR EMPLOYEE AND PROVIDING FOR THE PROCEEDINGS THEREFOR.

Section 8. Protection against self-incrimination. — Neither the respondent nor any other person shall be
excused from attending and testifying or from producing books, papers, correspondence, memoranda and
other records on the ground that the testimony or evidence, documentary or otherwise, required of him
may tend to incriminate him or subject him to prosecution; but no individual shall be prosecuted
criminally for or on account of any transaction, matter or thing concerning which he is compelled, after
having claimed his privilege against self-incrimination, to testify or produce evidence, documentary or
otherwise, except that such individual so testifying shall not be exempt from prosecution and conviction
for perjury or false testimony committed in so testifying or from administrative proceedings. Section 9.
Immunity. — The Solicitor General may grant immunity from criminal prosecution to any person who
testifies to the unlawful manner in which the respondent has acquired any of the property in question in
cases where such testimony is necessary to prove violations of this Act.

Republic Act No. 6832 January 5, 1990

AN ACT CREATING A COMMISSION TO CONDUCT A THOROUGH FACT-FINDING

INVESTIGATION OF THE FAILED COUP D′ÉTAT OF DECEMBER 1989, RECOMMEND
MEASURES TO PREVENT THE OCCURRENCE OF SIMILAR ATTEMPTS AT A VIOLENT
SEIZURE OF POWER, AND FOR OTHER PURPOSES

Section 8. Immunity from Criminal Prosecution. – The Commission is authorized to grant immunity
from criminal prosecution to any person who provides information or testifies in any investigation
conducted by it where, upon its evaluation, such information or testimony is necessary and vital to the
investigation. The immunity thereby granted shall continue to protect the witness who repeats such
testimony before the appropriate court when required to do so by the latter. Should he refuse to repeat
such testimony, the immunity granted him shall cease.

Presidential Decree No. 1866 June 29, 1983

Amended by RA 9516 "Section 3 and 4"

CODIFYING THE LAWS ON ILLEGAL/UNLAWFUL POSSESSION, MANUFACTURE,

DEALING IN, ACQUISITION OR DISPOSITION, OF FIREARMS, AMMUNITION OR
EXPLOSIVES OR INSTRUMENTS USED IN THE MANUFACTURE OF FIREARMS,
AMMUNITION OR EXPLOSIVES, AND IMPOSING STIFFER PENALTIES FOR CERTAIN
VIOLATIONS THEREOF AND FOR RELEVANT PURPOSES"

WHEREAS, there has been an upsurge of crimes vitally affecting public order and safety due to the
proliferation of illegally possessed and manufactured firearms, ammunition and explosives;

WHEREAS, these criminal acts have resulted in loss of human lives, damage to property and destruction
of valuable resources of the country;

WHEREAS, there are various laws and presidential decrees which penalized illegal possession and
manufacture of firearms, ammunition and explosives;
WHEREAS, there is a need to consolidate, codify and integrate said laws and presidential decrees to
harmonize their provisions;

WHEREAS, there are some provisions in said laws and presidential decrees which must be updated and
revised in order to more effectively deter violators of the law on firearms, ammunition and explosives.

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the

powers in me vested by the Constitution, do hereby decree:1awphi1©

Section 1. Unlawful Manufacture, Sale, Acquisition, Disposition or Possession of Firearms or

Ammunition or Instruments Used or Intended to be Used in the Manufacture of Firearms of
Ammunition. - The penalty of reclusion temporal in its maximum period to reclusion perpetua shall be
imposed upon any person who shall unlawfully manufacture, deal in, acquire, dispose, or possess any
firearm, part of firearm, ammunition or machinery, tool or instrument used or intended to be used in the
manufacture of any firearm or ammunition.

If homicide or murder is committed with the use of an unlicensed firearm, the penalty of death shall be
imposed.

If the violation of this Section is in furtherance of, or incident to, or in connection with the crimes of
rebellion, insurrection or subversion, the penalty of death shall be imposed.

The penalty of reclusion temporal in its maximum period to reclusion perpetua shall be imposed upon the
owner, president, manager, director or other responsible officer of any public or private firm, company,
corporation or entity, who shall willfully or knowingly allow any of the firearms owned by such firm,
company, corporation or entity to be used by any person or persons found guilty of violating the
provisions of the preceding paragraphs.

The penalty of prision mayor shall be imposed upon any person who shall carry any licensed firearm
outside his residence without legal authority therefor.

Section 2. Presumption of Illegal Manufacture of Firearms or Ammunition. - The possession of any

machinery, tool or instrument used directly in the manufacture of firearms or ammunition, by any person
whose business or employment does not lawfully deal with the manufacture of firearms or ammunition,
shall be prima facie evidence that such article is intended to be used in the unlawful/illegal manufacture
of firearms or ammunition.

Section 3. Unlawful Manufacture, Sales, Acquisition, Disposition or Possession of Explosives. - The

penalty of reclusion temporal in its maximum period to reclusion perpetua shall be imposed upon any
person who shall unlawfully manufacture, assemble, deal in, acquire, dispose or possess handgrenade(s),
rifle grenade(s) and other explosives, including but not limited to "philbox bombs", "molotov cocktail
bomb", "fire-bombs", or other incendiary devices capable of producing destructive effect on contiguous
objects or causing injury or death to any person.1awphi1©ITC

Any person who commits any of the crimes defined in the Revised Penal Code or special laws with the
use of the aforementioned explosives, detonation agents or incendiary devices, which results in the death
of any person or persons shall be punished with the penalty of death.

If the violation of this Section is in furtherance of, or incident to, or in connection with the crimes of
rebellion, insurrection or subversion, the penalty of death shall be imposed.
The penalty of reclusion temporal in its maximum period to reclusion perpetua shall be imposed upon the
owner, president, manager, director or other responsible officer of any public or private firm, company,
corporation or entity, who shall willfully or knowingly allow any of the explosives owned by such firm,
company, corporation or entity to be used by any person or persons found guilty of violating the
provisions of the preceding paragraphs.

Section 4. Presumption of Unlawful Manufacture. - The possession of any machinery, tool or instrument
directly used in the manufacture of explosives, by any person whose business or employment does not
lawfully deal with the manufacture of explosives shall be prima facie evidence that such article is
intended to be used in the unlawful/illegal manufacture of explosives.

Section 5. Tampering of Firearm's Serial Number. - The penalty of prision mayor shall be imposed upon
any person who shall unlawfully tamper, change, deface or erase the serial number of any firearm.

Section 6. Repacking or Altering the Composition of Lawfully Manufactured Explosives. - The penalty of
prision mayor shall be imposed upon any person who shall unlawfully repack, alter or modify the
composition of any lawfully manufactured explosives.

Section 7. Unauthorized Issuance of Authority to Carry Firearm and/or Ammunition Outside of

Residence. - The penalty of prision correccional shall be imposed upon any person, civilian or military,
who shall issue authority to carry firearm and/or ammunition outside of residence, without authority
therefor.

Section 8. Rules and Regulations. - The Chief of the Philippine Constabulary shall promulgate the rules
and regulations for the effective implementation of this Decree.

Section 9. Repealing Clause. - The provisions of Republic Act No. 4, Presidential Decree No. 9,
Presidential Decree No. 1728 and all laws, decrees, orders, instructions, rules and regulations which are
inconsistent with this Decree are hereby repealed, amended or modified accordingly.

Section 10. Effectivity. - This Decree shall take effect after fifteen (15) days following the completion of
its publication in the Official Gazette.

Done in the City of Manila, this 29th day of June, in the year of Our Lord, nineteen hundred and
eighty-three.

EXECUTIVE ORDER NO. 1

CREATING THE PHILIPPINE TRUTH COMMISSION OF 2010

WHEREAS, Article XI, Section 1 of the 1987 Constitution of the Philippines solemnly enshrines the
principle that a public office is a public trust and mandates that public officers and employees, who are
servants of the people, must at all times be accountable to the latter, serve them with utmost responsibility,
integrity, loyalty and efficiency, act with patriotism and justice, and lead modest lives;

WHEREAS, corruption is among the most despicable acts of defiance of this principle and notorious
violation of this mandate;

WHEREAS, corruption is an evil and scourge which seriously affects the political, economic, and social
life of a nation; in a very special way it inflicts untold misfortune and misery on the poor, the
marginalized and underprivileged sector of society;
WHEREAS, corruption in the Philippines has reached very alarming levels, and undermined the people’s
trust and confidence in the Government and its institutions;

WHEREAS, there is an urgent call for the determination of the truth regarding certain reports of large
scale graft and corruption in the government and to put a closure to them by the filing of the appropriate
cases against those involved, if warranted, and to deter others from committing the evil, restore the
people’s faith and confidence in the Government and in their public servants;

WHEREAS, the President’s battlecry during his campaign for the Presidency in the last elections “kung
walang corrupt, walang mahirap” expresses a solemn pledge that if elected, he would end corruption and
the evil it breeds;

WHEREAS, there is a need for a separate body dedicated solely to investigating and finding out the truth
concerning the reported cases of graft and corruption during the previous administration, and which will
recommend the prosecution of the offenders and secure justice for all;

WHEREAS, Book III, Chapter 10, Section 31 of Executive Order No. 292, otherwise know as the
Revised Administrative Code of the Philippines, gives the President the continuing authority to
reorganize the Office of the President.

NOW, THEREFORE, I, BENIGNO SIMEON AQUINO III, President of the Republic of the
Philippines, by virtue of the powers vested in me by law, do hereby order:

SECTION 1. Creation of a Commission. – There is hereby created the PHILIPPINE TRUTH

COMMISSION, hereinafter referred to as the “COMMISSION”, which shall primarily seek and find
the truth on, and toward this end, investigate reports of graft and corruption of such scale and magnitude
that shock and offend the moral and ethical sensibilities of the people, committed by public officers and
employees, their co-principals, accomplices and accessories from the private sector, if any, during the
previous administration; and thereafter recommend the appropriate action or measure to be taken thereon
to ensure that the full measure of justice shall be served without fear or favor.

The Commission shall be composed of a Chairman and four (4) members who will act as an independent
collegial body.

SECTION 2. Powers and Functions. – The Commission, which shall have all the powers of an
investigative body under Section 37, Chapter 9, Book I of the Administrative Code of 1987, is primarily
tasked to conduct a thorough fact-finding investigation of reported cases of graft and corruption referred
to in Section 1, involving third level public officers and higher, their co-principals, accomplices and
accessories from the private sector, if any, during the previous administration and thereafter submit its
finding and recommendations to the President, Congress and the Ombudsman. In particular, it shall:

a) Identify and determine the reported cases of such graft and corruption which it will investigate;

b) Collect, receive, review and evaluate evidence related to or regarding the cases of large scale
corruption which it has chosen to investigate, and to this end require any agency, official or employee of
the Executive Branch, including government-owned or controlled corporations, to produce documents,
books, records and other papers;

c) Upon proper request or representation, obtain information and documents from the Senate and the
House of Representatives records of investigations conducted by committees thereof relating to matters or
subjects being investigated by the Commission;

d) Upon proper request and representation, obtain information from the courts, including the
Sandiganbayan and the Office of the Court Administrator, information or documents in respect to
corruption cases filed with the Sandiganbayan or the regular courts, as the case may be;
e) Invite or subpoena witnesses and take their testimonies and for that purpose, administer oaths or
affirmations as the case may be;

f) Recommend, in cases where there is a need to utilize any person as a state witness to ensure that
the ends of justice be fully served, that such person who qualifies as a state witness under the Revised
Rules of Court of the Philippines be admitted for that purpose;

g) Turn over from time to time, for expeditious prosecution, to the appropriate prosecutorial
authorities, by means of a special or interim report and recommendation, all evidence on corruption of
public officers and employees and their private sector co-principals, accomplices or accessories, if any,
when in the course of its investigation the Commission finds that there is reasonable ground to believe
that they are liable for graft and corruption under pertinent applicable laws;

h) Call upon any government investigative or prosecutorial agency such as the Department of Justice
or any of the agencies under it, and the Presidential Anti-Graft Commission, for such assistance and
cooperation as it may require in the discharge of its functions and duties;

i) Engage or contract the services of resource persons, professionals and other personnel determined
by it as necessary to carry out its mandate;

j) Promulgate its rules and regulations or rules of procedure it deems necessary to effectively and
efficiently carry out the objectives of this Executive Order and to ensure the orderly conduct of its
investigations, proceedings and hearings, including the presentation of evidence;

k) Exercise such other acts incident to or are appropriate and necessary in connection with the
objectives and purposes of this Order.

SECTION 3. Staffing Requirements. – The Commission shall be assisted by such assistants and
personnel as may be necessary to enable it to perform its functions, and shall formulate and establish its
organizational structure and staffing pattern composed of such administrative and technical personnel as
it may deem necessary to efficiently and effectively carry out its functions and duties prescribed herein,
subject to the approval of the Department of Budget and Management. The officials of the Commission
shall in particular include, but not limited to, the following:

1. General Counsel
2. Deputy General Counsel
3. Special Counsel
4. Clerk of the Commission

SECTION 4. Detail of Employees. – The President, upon recommendation of the Commission, shall
detail such public officers or personnel from other departments or agencies which may be required by the
Commission. The detailed officers and personnel may be paid honoraria and/or allowances as may be
authorized by law, subject to pertinent accounting and auditing rules and procedures.

SECTION 5. Engagement of Experts. – The Truth Commission shall have the power to engage the
services of experts as consultants or advisers as it may deem necessary to accomplish its mission.

SECTION 6. Conduct of Proceedings. – The proceedings of the Commission shall be in accordance

with the rules promulgated by the Commission. Hearings or proceedings of the Commission shall be open
to the public. However, the Commission, motu propio, or upon the request of the person testifying, hold
an executive or closed-door hearing where matters of national security or public safety are involved or
when the personal safety of the witness warrants the holding of such executive or closed-door hearing.
The Commission shall provide the rules for such hearing.
SECTION 7. Right to Counsel of Witnesses/Resource Persons. – Any person called to testify before
the Commission shall have the right to counsel at any stage of the proceedings.

SECTION 8. Protection of Witnesses/Resource Persons. – The Commission shall always seek to

assure the safety of the persons called to testify and, if necessary make arrangements to secure the
assistance and cooperation of the Philippine National Police and other appropriate government agencies.

SECTION 9. Refusal to Obey Subpoena, Take Oath or Give Testimony. – Any government official
or personnel who, without lawful excuse, fails to appear upon subpoena issued by the Commission or
who, appearing before the Commission refuses to take oath or affirmation, give testimony or produce
documents for inspection, when required, shall be subject to administrative disciplinary action. Any
private person who does the same may be dealt with in accordance with law.

SECTION 10. Duty to Extend Assistance to the Commission. – The departments, bureaus, offices,
agencies or instrumentalities of the Government, including government-owned and controlled
corporations, are hereby directed to extend such assistance and cooperation as the Commission may need
in the exercise of its powers, execution of its functions and discharge of its duties and responsibilities
with the end in view of accomplishing its mandate. Refusal to extend such assistance or cooperation for
no valid or justifiable reason or adequate cause shall constitute a ground for disciplinary action against the
refusing official or personnel.

SECTION 11. Budget for the Commission. – The Office of the President shall provide the necessary
funds for the Commission to ensure that it can exercise its powers, execute its functions, and perform its
duties and responsibilities as effectively, efficiently, and expeditiously as possible.

SECTION 12. Office. – The Commission may avail itself of such office space which may be available in
government buildings accessible to the public space after coordination with the department or agencies in
control of said building or, if not available, lease such space as it may require from private owners.

SECTION 13. Furniture/Equipment. – The Commission shall also be entitled to use such equipment or
furniture from the Office of the President which are available. In the absence thereof, it may request for
the purchase of such furniture or equipment by the Office of the President.

SECTION 14. Term of the Commission. – The Commission shall accomplish its mission on or before
December 31, 2012.

SECTION 15. Publication of Final Report. – On or before December 31, 2012, the Commission shall
render a comprehensive final report which shall be published upon directive of the President. Prior thereto,
also upon directive of the President, the Commission may publish such special interim reports it may
issue from time to time.

SECTION 16. Transfer of Records and Facilities of the Commission. – Upon the completion of its
work, the records of the Commission as well as its equipment, furniture and other properties it may have
acquired shall be returned to the Office of the President.

SECTION 17. Special Provision Concerning Mandate. If and when in the judgment of the President
there is a need to expand the mandate of the Commission as defined in Section 1 hereof to include the
investigation of cases and instances of graft and corruption during the prior administrations, such mandate
may be so extended accordingly by way of a supplemental Executive Order.

SECTION 18. Separability Clause. If any provision of this Order is declared unconstitutional, the same
shall not affect the validity and effectivity of the other provisions hereof.

SECTION 19. Effectivity. – This Executive Order shall take effect immediately.
DONE in the City of Manila, Philippines, this 30th day of July 2010.

(Sgd.) BENIGNO S. AQUINO III

President of the Philippines

By the President:

(Sgd.) PAQUITO N. OCHOA, JR.

Executive Secretary

RULE 117

Motion to Quash

Section 1. Time to move to quash. — At any time before entering his plea, the accused may move to
quash the complaint or information. (1)

Section 2. Form and contents. — The motion to quash shall be in writing, signed by the accused or his
counsel and shall distinctly specify its factual and legal grounds. The court shall consider no ground other
than those stated in the motion, except lack of jurisdiction over the offense charged. (2a)

Section 3. Grounds. — The accused may move to quash the complaint or information on any of the
following grounds:

(a) That the facts charged do not constitute an offense;

(b) That the court trying the case has no jurisdiction over the offense charged;

(c) That the court trying the case has no jurisdiction over the person of the accused;

(d) That the officer who filed the information had no authority to do so;

(e) That it does not conform substantially to the prescribed form;

(f) That more than one offense is charged except when a single punishment for various offenses is
prescribed by law;

(g) That the criminal action or liability has been extinguished;

(h) That it contains averments which, if true, would constitute a legal excuse or justification; and

(i) That the accused has been previously convicted or acquitted of the offense charged, or the case against
him was dismissed or otherwise terminated without his express consent. (3a)

Section 4. Amendment of the complaint or information. — If the motion to quash is based on an alleged
defect of the complaint or information which can be cured by amendment, the court shall order that an
amendment be made. (4a)

If it is based on the ground that the facts charged do not constitute an offense, the prosecution shall be
given by the court an opportunity to correct the defect by amendment. The motion shall be granted if the
prosecution fails to make the amendment, or the complaint or information still suffers from the same
defect despite the amendment. (n)
Section 5. Effect of sustaining the motion to quash. — If the motion to quash is sustained, the court may
order that another complaint or information be filed except as provided in section 6 of this rule. If the
order is made, the accused, if in custody, shall not be discharged unless admitted to bail. If no order is
made or if having been made, no new information is filed within the time specified in the order or within
such further time as the court may allow for good cause, the accused, if in custody, shall be discharged
unless he is also in custody for another charge. (5a)

Section 6. Order sustaining the motion to quash not a bar to another prosecution; exception. — An order
sustaining the motion to quash is not a bar to another prosecution for the same offense unless the motion
was based on the grounds specified in section 3 (g) and (i) of this Rule. (6a)

Section 7. Former conviction or acquittal; double jeopardy. — When an accused has been convicted or
acquitted, or the case against him dismissed or otherwise terminated without his express consent by a
court of competent jurisdiction, upon a valid complaint or information or other formal charge sufficient in
form and substance to sustain a conviction and after the accused had pleaded to the charge, the conviction
or acquittal of the accused or the dismissal of the case shall be a bar to another prosecution for the offense
charged, or for any attempt to commit the same or frustration thereof, or for any offense which
necessarily includes or is necessarily included in the offense charged in the former complaint or
information.

However, the conviction of the accused shall not be a bar to another prosecution for an offense which
necessarily includes the offense charged in the former complaint or information under any of the
following instances:

(a) the graver offense developed due to supervening facts arising from the same act or omission
constituting the former charge;

(b) the facts constituting the graver charge became known or were discovered only after a plea was
entered in the former complaint or information; or

(c) the plea of guilty to the lesser offense was made without the consent of the prosecutor and of the
offended party except as provided in section 1 (f) of Rule 116.

In any of the foregoing cases, where the accused satisfies or serves in whole or in part the judgment, he
shall be credited with the same in the event of conviction for the graver offense. (7a)

Section 8. Provisional dismissal. — A case shall not be provisionally dismissed except with the express
consent of the accused and with notice to the offended party.

The provisional dismissal of offenses punishable by imprisonment not exceeding six (6) years or a fine of
any amount, or both, shall become permanent one (1) year after issuance of the order without the case
having been revived. With respect to offenses punishable by imprisonment of more than six (6) years,
their provisional dismissal shall become permanent two (2) years after issuance of the order without the
case having been revived. (n)

Section 9. Failure to move to quash or to allege any ground therefor. — The failure of the accused to
assert any ground of a motion to quash before he pleads to the complaint or information, either because
he did not file a motion to quash or failed to allege the same in said motion, shall be deemed a waiver of
any objections based on the grounds provided for in paragraphs (a), (b), (g), and (i) of section 3 of this
Rule. (8)
A.M. No. 07-9-12-SC
(25 September 2007)

REPUBLIC ACT NO. 9851

AN ACT DEFINING AND PENALIZING CRIMES AGAINST INTERNATIONAL

HUMANITARIAN LAW, GENOCIDE AND OTHER CRIMES AGAINST HUMANITY,
ORGANIZING JURISDICTION, DESIGNATING SPECIAL COURTS, AND FOR RELATED
PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

CHAPTER I
INTRODUCTORY PROVISIONS

Section 1. Short Title. - This Act shall be known as the "Philippine Act on Crimes Against International
Humanitarian Law, Genocide, and Other Crimes Against Humanity".

Section 2. Declaration of Principles and State Policies. -

(a) The Philippines renounces war as an instrument of national policy, adopts the generally accepted
principles of international law as part of the law of the land and adheres to a policy of peace, equality,
justice, 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) It shall be the responsibility of the State and all other sectors concerned to resolved armed conflict in
order to promote the goal of "Children as Zones of Peace";

(d) The state adopts the generally accepted principles of international law, including the Hague
Conventions of 1907, the Geneva Conventions 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 taking 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 exercise its criminal jurisdiction 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, It shall also protect victims, witnesses and
their families, and provide appropriate redress to victims and their families, It shall ensure that the legal
systems in place provide accessible and gender-sensitive avenues of redress for victims of armed conflict,
and

(g)The State recognizes that the application of the provisions of this Act shall not affect the legal status of
the parties to a conflict, nor give an implied recognition of the status of belligerency

CHAPTER II
DEFINITION OF TERMS

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

(a) "Apartheid' means inhumane acts committed in the context of an institutionalized regime of
systematic oppression and domination by one racial group or groups and committed with the intention of
maintaining that regime

(b) "Arbitrary deportation or forcible transfer of population" means forced displacement of the persons
concerned by expultion by expulsion or other coercive acts from the area in which they are lawfully
present, without grounds permitted under domestic or international law.

(c) "Armed conflict" means any use of force or armed violence between States or a protracted armed
violence between governmental authorities and organized armed groups or between such groups within
that State: Provided, That such force or armed violence gives rise, or may give rise, to a situation to which
the Geneva Conventions of 12 August 1949, including their common Article 3, apply. Armed conflict
may be international, that is, between two (2) or more States, including belligerent occupation; or
non-international, that is, between governmental authorities and organized armed groups or between such
groups within a state. It does not cover internal disturbances or tensions such as riots, isolated and
sporadic acts of violence or other acts of a similar nature.

(d) "Armed forces" means all organized 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 subject to an internal disciplinary system which enforces compliance with
International Humanitarian Law

(e) "Attack directed against any civilian population" means a course of conduct involving the multiple
commission of acts referred to in Section 6 of this Act against any civilian population, pursuant to or in
furtherance of a State or organizational policy to commit such attack.

(f) "Effective command and control" or " effective authority and control" means having the material
ability to prevent and punish the commission of offenses by subordinates.

(g) "Enforced or involuntary disappearance of persons" means the arrest, detention, or abduction of
persons by, or with the authorization support or acquiescence of, a State or a political organization
followed by a refusal to acknowledge 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

(h) "Enslavement" means the exercise of any or all of the powers attaching to the right of ownership over
a person and includes the exercise of such power in the course of trafficking in persons, in particular
women and children.

(i) "Extermination" 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.
(j) " Forced pregnancy" 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.

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

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

(2) has clearly expressed an intention to surrender; or

(3) has been rendered unconscious or otherwise incapacitated by wounds or sickness and therefore is
incapable of defending himself: Provided, that in any of these cases, the person form any hostile act and
does not attempt to escape.

(l) "Military necessity" means the necessity of employing measures which are indispensable to achieve a
legitimate aim of the conflict and are not otherwise prohibited by International Humanitarian Law

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

(1) all combatants, as well as mobile weapons and mobile military equipment, must have been evacuated;

(2) no hostile use of fixed military installations or establishments must have been made;

(3) no acts of hostility must have been committed by the authorities or by the population; and

(4) no activities in support of military operations, must have been undertaken.

(n) "No quarter will be given' means refusing to spare the life of anybody, even of persons manifestly
unable to defend themselves or who clearly express their intention to surrender.

(o) "Perfidy" 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 International Humanitarian Law, with the
intent to betray that confidence, including but not limited to:

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

(2) feigning surrender;

(3) feigning incapacitation by wounds or sickness;

(4) feigning civilian or noncombatant status; and

(5) feigning protective status by use of signs, emblems or uniforms of the United Nations or of a neutral
or other State not party to the conflict.

(p) "Persecution" means the international and severe deprivation of fundamental rights contrary to
international law by reason of identity of the group or collectivity.

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

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

(2) a prisoner of war or any person deprived of liberty for reasons related to an armed conflict;
(3) a civilian or any person not taking a direct part or having ceased to take part in the hostilities in the
power of the adverse party;

(4) 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;

(5) a member of the medical personnel assigned exclusively to medical purposes or to the administration
of medical units or to the operation of or administration of medical transports; or

(6) a member of the religious personnel who is exclusively engaged in the work of their ministry and
attached to the armed forces of a party to the conflict, its medical units or medical transports, or
non-denominational, noncombatant military personnel carrying out functions similar to religious
personnel.

(r) " Superior" means:

(1) a military commander or a person effectively acting as a military commander; or

(2) any other superior, in as much as the crimes arose from activities within the effective authority and
control of that superior.

(s) "Torture" 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; except that torture shall
not include pain or suffering arising only from, inherent in or incidental to, lawful sanctions.

(t) "Works and installations containing dangerous forces" means works and installations the attack of
which may cause the release of dangerous forces and consequent severe losses among the civilian
population, namely: dams, dikes, and nuclear, electrical generation stations.

CHAPTER III
CRIMES AGAINST INTERNATIONAL HUMANITARIAN LAW,
GENOCIDE AND OTHER CRIMES AGAINST HUMANITY

Section 4. War Crimes. - For the purpose of this Act, "war crimes" or "crimes against Interntional Human
Humanitarian Law" means:

(a) In case of an international armed conflict , grave breaches of the Geneva Conventions of 12 August
1949, namely, any of the following acts against persons or property protected under provisions of the
relevant Geneva Convention:

(1) Willful killing;

(2) Torture or inhuman treatment, including biological experiments;

(3) Willfully causing great suffering, or serious injury to body or health;

(4) Extensive destruction and appropriation of property not justified by military necessity and carried out
unlawfully and wantonly;

(5) Willfully depriving a prisoner of war or other protected person of the rights of fair and regular trial;

(6) Arbitrary deportation or forcible transfer of population or unlawful confinement;

(7) Taking of hostages;

(8) Compelling a prisoner a prisoner of war or other protected person to serve in the forces of a hostile
power; and

(9) Unjustifiable delay in the repatriation of prisoners of war or other protected persons.

(b) In case of a non-international armed conflict, serious violations of common Article 3 to the four (4)
Geneva Conventions of 12 August 1949, namely , any of the following acts committed against persons
taking 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 sickness, wounds, detention or any other cause;

(1) Violence to life and person, in particular, willful killings, mutilation, cruel treatment and torture;

(2) Committing outrages upon personal dignity, in particular, humiliating and degrading treatment;

(3) Taking of hostages; and

(4) The passing of sentences and the carrying out of executions without previous judgment pronounced
by a regularly constituted court, affording all judicial guarantees which are generally recognized as
indispensable.

(c) Other serious violations of the laws and customs applicable in armed conflict, within the established
framework of international law, namely:

(1) Internationally directing attacks against the civilian population as such or against individual civilians
not taking direct part in hostilities;

(2) Intentionally directing attacks against civilian objects, that is, object which are not military objectives;

(3) Intentionally directing attacks against buildings, material, medical units and transport, and personnel
using the distinctive emblems of the Geneva Conventions or Additional Protocol III in conformity with
intentional law;

(4) Intentionally directing attacks against personnel, installations, material, units or vehicles involved in a
humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations, as
ling as they are entitled to the protection given to civilians or civilian objects under the international law
of armed conflict;

(5) Launching an attack in the knowledge that such attack will cause incidental loss of life or injury to
civilians or damage to civilian objects or widespread, long-term and severe damage to the natural
environment which would be excessive in relation to the concrete and direct military advantage
anticipated;
(6) Launching an attack against works or installations containing dangerous forces in the knowledge that
such attack will cause excessive loss of life, injury to civilians or damage to civilian objects, and causing
death or serious injury to body or health .

(7) Attacking or bombarding, by whatever means, towns, villages, dwellings or buildings which are
undefended and which are not military objectives, or making non-defended localities or demilitarized
zones the object of attack;

(8) Killing or wounding a person in the knowledge 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;

(9) Making improper use of a flag of truce, of the flag or the military insignia and uniform of the enemy
or of the United Nations, as well as of the distinctive emblems of the Geneva Conventions or other
protective signs under International Humanitarian Law, resulting in death, serious personal injury or
capture;

(10) Intentionally directing attacks against buildings dedicated to religion, education, art, science or
charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected,
provided they are not military objectives. In case of doubt whether such building or place has been used
to make an effective contribution to military action, it shall be presumed not to be so used;

(11) Subjecting persons who are in the power of an adverse party to physical mutilation or to medical or
scientific experiments of any kind, or to removal of tissue or organs for transplantation, which are neither
justified 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;

(12) Killing, wounding or capturing an adversary by resort to perfidy;

(13) Declaring that no quarter will be given;

(14) Destroying or seizing the enemy's property unless such destruction or seizure is imperatively
demanded by the necessities of war;

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

(16) Ordering 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;

(17) 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;

(18) Commiting outrages upon personal dignity, in particular, humiliating and degrading treatments;

(19) Commiting rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or
any other form of sexual violence also constituting a grave breach of the Geneva Conventions or a serious
violation of common Article 3 to the Geneva Convensions;

(20) Utilizing the presence of a civilian or other protected person to render certain points, areas or
military forces immune from military operations;
(21) Intentionally using starvation of civilians as a method of warfare by depriving them of objects
indespensable to their survival, including willfully impeding relief supplies as provided for under the
Geneva Conventions and their Additional Protocols;

(22) In an international armed conflict, compelling the nationals of the hostile party to take part in the
operations of war directed against their own country, even if they were in the belligerent's service before
the commencement of the war;

(23) In 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;

(24) Commiting any of the following acts:

(i) Conscripting, enlisting or recruiting children under the age of fifteen (15) years into the national armed
forces;

(ii) Conscripting, enlisting or recruiting children under the age of eighteen (18) years into an armed force
or group other than the national armed forces; and

(iii) Using children under the age of eighteen (18) years to participate actively in hostilities; and

(25) Employing means of warfare which are prohibited under international law, such as:

(i) Poison or poisoned weapons;

(ii) Asphyxiating, poisonous or other gases, and all analogous liquids, materials or devices;

(iii) Bullets which expand 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) Weapons, projectiles and material and methods of warfare which are of the nature to cause
superfluous injury 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 7 of this Act.

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

(1) Killing members of the group;

(2) Causing serious bodily or mental harm to members of the group;

(3) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction
in whole or in part;

(4) Imposing measures intended to prevent births within the group; and

(5) Forcibly transferring children of the group to another group.

(b) It 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 7 of this Act.

Section 6. Other Crimes Against Humanity. - For the purpose of this act, "other crimes against humanity"
means any of the following acts when committed as part of a widespread or systematic attack directed
against any civilian population, with knowledge of the attack:

(a) Willful killing;

(b) Extermination;

(c) Enslavement;

(d) Arbitrary deportation or forcible transfer of population;

(e) Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of
international law;

(f) Torture;

(g) Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form
of sexual violence of comparable gravity;

(h) Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural,
religious, gender, sexual orientation or other grounds that are universally recognized as impermissible
under international law, in connection with any act referred to in this paragraph or any crime defined in
this Act;

(i) Enforced or involuntary disappearance of persons;

(j) Apartheid; and

(k) Other inhumane acts of a similar character intentionally causing great suffering, or serious injury 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 7 of this Act.

CHAPTER IV
PENAL PROVISIONS

Section 7. Penalties. - Any person found guilty of committing any of the acts provided under Sections 4,
5 and 6 of this Act shall suffer the penalty of reclusion temporal in its medium to maximum period and a
fine ranging from One hundred thousand pesos (Php 100,000.00) to Five hundred thousand pesos (Php
500,000.00).

When justified by the extreme gravity of the crime, especially where the commision of any of the crimes
specified herein results in death or serious physical injury, or constitutes rape, and considering the
individual circumstances of the accused, the penalty of reclusion perpetua and a fine ranging from Five
hundred thousand pesos (Php 500,000.00) to One million pesos (Php 1,000,000.00) shall be imposed.
Any person found guilty of inciting others to commit genocide referred to in Section 5(b) of this Act shall
suffer the penalty of prision mayor in its minimum period and a fine ranging from Ten thousand pesos
(Php 10,000.00) to Twenty thousand pesos (Php 20,000.00).

In addition, the court shall order the forfeiture of proceeds, property and assets derived, directly or
indirectly, from that crime, without prejudice to the rights of bona fide third (3rd) parties. The court shall
also impose the corresponding accessory penalties under the Revised Penal Code, especially where the
offender is a public officer.

CHAPTER V
SOME PRINCIPLES OF CRIMINAL LIABILITY

Section 8. Individual Criminal Responsibilities. - (a) In addition to existing provisions in Philippine law
on principles of criminal responsibility, a person shall be criminally liable as principal for a crime defined
and penalized in this Act if he/she:

(1) Commits such a crime, whether as an individual, jointly with another or through another person,
regardless of whether that other person is criminally responsible;

(2) Orders, solicits or induces the commission of such a crime which in fact occurs or is attempted;

(3) In any other way contributes to the commission or attempted commission of such a crime by a group
of person acting with a common purpose. 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 knowledge 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 penalized in this Act if he/she aids, abets or otherwise assists in its commission or attempted
commission, including providing the means for its commission.

(c) A person shall be criminally liable for a crime defined and penalized in this Act if he/she attempts to
commit such a crime by taking action that commences its execution by means of a substantial step, but
the crime does not occur because of circumstances independent of the person's 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.

Section 9. Irrelevance of Official Capacity. - This Act shall apply equally to all persons without any
distinction based on official capacity. In 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
exempt a person from criminal responsibility under this Act, nor shall it, in and of itself, constitute a
ground for reduction of sentence. However:

(a) Immunities or special procedural rules that may be attached to the official capacity of a person under
Philippine law other than the established constitutional immunity from suit of the Philippine President
during his/her tenure, shall not bar the court from exercising jurisdiction over such a person; and

(b) Immunities 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.
Section 10. Responsibility of Superiors. - In addition to other grounds of criminal responsibility for
crimes defined and penalized 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 exercise control over
such subordinates, where:

(a) That superior either knew or, owing to the circumstances at the time, should have known that the
subordinates were committing or about to commit such crimes;

(b) That superior failed to take all necessary and reasonable measures within his/her power to prevent or
repress their commission or to submit the matter to the competent authorities for investigation and
prosecution.

Section 11. Non-prescription. - The crimes defined and penalized under this Act, their prosecution, and
the execution of sentences imposed on their account, shall not be subject to any prescription.

Section 12. Orders from a Superior. - The fact that a crime defined and penalized under this Act has been
committed by a person pursuant to an order of a government or a superior, 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 know that the order was unlawful; and

(c) The order was not manifestly unlawful.

For the purposes of this section, orders to commit genocide or other crimes against humanity are
manifestly unlawful.

CHAPTER VI
Protection of Victims and Witnesses

Section 13. Protection of Victims and Witnesses. - In addition to existing provisions in Philippine law for
the protection of victims and witnesses, the following measures shall be undertaken:

(a) The Philippine court shall take appropriate measures to protect the safety, physical and physiological
well-being, dignity and privacy of victims and witnesses. In 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 sexual or gender violence or violence against children. The
prosecutor shall take such measures particularly during the investigation and prosecution of such crimes.
These measures shall not be prejudicial to or inconsistent with the rights of the accused and to a fair and
impartial trial;

(b) As an exception 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. In particular, such measures shall be implemented in the
case of the victim of sexual violence or a child who is a victim or is a witness, unless otherwise ordered
by the court, having regard to all the circumstances, particularly the views of the victim or witness;

(c) Where the personal interests of the victims are affected, the court shall permit their views and
concerns to be presented and considered at stages of the proceedings determined to be appropriate by the
court in manner which is not prejudicial to or inconsistent with the rights of the accused and a fair and
impartial trial. 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) Where the disclosure of evidence or information pursuant to this Act may lead to the grave
endangerment of the security of a witness for his/her family, 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 exercised in a manner which is not
prejudicial to or inconsistent with the rights of the accused and to a fair and impartial trial.

Section 14. Reparations to Victims. - In addition to existing provisions in Philippine law and procedural
rules for reparations to victims, the following measures shall be undertaken:

(a) The court shall follow the principles relating to the reparations to, or in respect of, victims,including
restitution, compensation and rehabilitation. On this basis, in its decision, the court may, wither upon
request or on its own motion in exceptional circumstances, determine the scope and extent of any damage,
loss and injury to, or in respect of, victims and state the principles on which it is acting;1avvphi1

(b) The court may make an order directly against a convicted person specifying appropriate reparations to,
or in respect of, victims, including restitution, compensation and rehabilitation; and

(c) Before making an order under this section, the court may invite and shall take account of
representations from or on behalf of the convicted person, victims or other interested persons.

Nothing in this section shall be interpreted as prejudicing the rights of victims under national or
international law.

CHAPTER VII
Applicability of International Law and Other Laws

Section 15. Applicability of International Law.- In the application and interpretation of this Act,
Philippine courts shall be guided by the following sources:

(a) The 1948 Genocide Convention;

(b) The 1949 Genava Conventions I-IV, their 1977 Additional Protocols I and II and their 2005
Additional Protocol III;

(c) The 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict,
its First Protocol and its 1999 Second Protocol;

(d) The 1989 Convention on the Rights of the Child and its 2000 Optional Protocol on the Involvement of
Children in Armed Conflict;

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

(f) The judicial decisions of international courts and tribunals;

(g) Relevant and applicable international human rights instruments;

(h) Other relevant international treaties and conventions ratified or acceded to by the Republic of the
Philippines; 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.

Section 16. Suppletory Application of the Revised Penal Code and Other General or Special Laws. - The
provisions of the Revised Penal Code and other general or special laws shall have a suppletory
application to the provisions of this Act.

CHAPTER VII
JURISDICTION

Section 17. Jurisdiction.- The State shall exercise jurisdiction over persons, whether military or civilian,
suspected or accused of a crime defined and penalized in this Act, regardless of where the crime is
committed, provided, any one of the following conditions is met:

(a) The accused is a Filipino citizen;

(b) The accused, regardless of citizenship or residence, is present in the Philippines; or

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

In the interest of justice, the relevant Philippine authorities may dispense with the investigation or
prosecution of a crime punishable under this Act if another court or international tribunal is already
conducting the investigation or undertaking the prosecution of such crime. Instead, the authorities may
surrender or extradite suspected or accused persons in the Philippines to the appropriate international
court, if any, or to another State pursuant to the applicable extradition laws and treaties.

No criminal proceedings shall be initiated against foreign nationals suspected or accused of having
committed the crimes defined and penalized in this Act if they have been tried by a competent court
outside the Philippines in respect of the same offense and acquitted, or having been convicted, already
served their sentence.

Section 18. Philippine Court, Prosecutors and Investigators. - The Regional Trial Court of the
Philippines shall have original and exclusive jurisdiction over the crimes punishable under this Act. Their
judgments may be appealed or elevated to the Court of Appeals and to the Supreme Court as provided by
law.

The Supreme Court shall designate special courts to try cases involving crimes punishable under this Act.
For these cases, the Commission on Human Rights, the Department of Justice, the Philippine National
Police or other concerned law enforcement agencies shall designate prosecutors or investigators as the
case may be.

The State shall ensure that judges, prosecutors and investigators, especially those designated for purposes
of this Act, receive effective training in human rights, International Humanitarian Law and International
Criminal Law.

CHAPTER IX
FINAL PROVISIONS
Section 19. Separability Clause. - If, 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.

Section 20. Repealing Clause. - All laws, presidential decrees and issuances, executive orders, rules and
regulations or parts thereof inconsistent with the provisions of this Statute are hereby repealed or
modified accordingly.

Section 21. Effectivity. - This Act shall take effect fifteen (15) days after its complete publication in
the Official Gazette or in two (2) newspapers general circulation.

Approved,

Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand twelve.

REPUBLIC ACT NO. 10353

AN ACT DEFINING AND PENALIZING ENFORCED OR INVOLUNTARY DISAPPEARANCE

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Short Title. –This Act shall be known as the "Anti-Enforced or Involuntary Disappearance Act
of 2012″.

Section 2. Declaration of Policy. –The State values the dignity of every human person and guarantees full
respect for human rights for which highest priority shall be given to the enactment of measures for the
enhancement of the right of all people to human dignity, the prohibition against secret detention places,
solitary confinement, incommunicado, or other similar forms of detention, the provision for penal and
civil sanctions for such violations, and compensation and rehabilitation for the victims and their families,
particularly with respect to the use of torture, force, violence, threat, intimidation or any other means
which vitiate the free will of persons abducted, arrested, detained, disappeared or otherwise removed
from the effective protection of the law.

Furthermore, the State adheres to the principles and standards on the absolute condemnation of human
rights violations set by the 1987 Philippine Constitution and various international instruments such as, but
not limited to, the International Covenant on Civil and Political Rights (ICCPR), and the Convention
Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), to which the
Philippines is a State party.

Section 3. Definitions. –For purposes of this Act, the following terms shall be defined as follows:

(a) Agents of the State refer to persons who, by direct provision of the law, popular election or
appointment by competent authority, shall take part in the performance of public functions in the
government, or shall perform in the government or in any of its branches public duties as an employee,
agent or subordinate official, of any rank or class.

(b) Enforced or involuntary disappearance refers to the arrest, detention, abduction or any other form of
deprivation of liberty committed by agents of the State or by persons or groups of persons acting with the
authorization, support or acquiescence of the State, followed by a refusal to acknowledge the deprivation
of liberty or by concealment of the fate or whereabouts of the disappeared person, which places such
person outside the protection of the law.
(c) Order of Battle refers to a document made by the military, police or any law enforcement agency of
the government, listing the names of persons and organizations that it perceives to be enemies of the State
and which it considers as legitimate targets as combatants that it could deal with, through the use of
means allowed by domestic and international law.

(d) Victim refers to the disappeared person and any individual who has suffered harm as a direct result of
an enforced or involuntary disappearance as defined in letter (b) of this Section.

Section 4. Nonderogability of the Right Against Enforced or Involuntary Disappearance. –The right
against enforced or involuntary disappearance and the fundamental safeguards for its prevention shall not
be suspended under any circumstance including political instability, threat of war, state of war or other
public emergencies.

Section 5. "Order of Battle" or Any Order of Similar Nature, Not Legal Ground, for Enforced or
Involuntary Disappearance. – An "Order of Battle" or any order of similar nature, official or otherwise,
from a superior officer or a public authority causing the commission of enforced or involuntary
disappearance is unlawful and cannot be invoked as a justifying or exempting circumstance. Any person
receiving such an order shall have the right to disobey it.

Section 6. Right of Access to Communication. – It shall be the absolute right of any person deprived of
liberty to have immediate access to any form of communication available in order for him or her to
inform his or her family, relative, friend, lawyer or any human rights organization on his or her
whereabouts and condition.

Section 7. Duty to Report Victims of Enforced or Involuntary Disappearance. – Any person, not being a
principal, accomplice or accessory, who has an information of a case of enforced or involuntary
disappearance or who shall learn of such information or that a person is a victim of enforced or
involuntary disappearance, shall immediately report in writing the circumstances and whereabouts of the
victim to any office, detachment or division of the Department of the Interior and Local Government
(DILG), the Department of National Defense (DND), the Philippine National Police (PNP), the Armed
Forces of the Philippines (AFP), the National Bureau of Investigation (NBI), the City or Provincial
Prosecutor, the Commission on Human Rights (CHR) or any human rights organization and, if known,
the victim’s family, relative, or lawyer.

Section 8. Duty to Certify in Writing on the Results of Inquiry into a Reported Disappeared Person’s
Whereabouts. –In case a family member, relative, lawyer, representative of a human rights organization
or a member of the media inquires with a member or official of any police or military detention center,
the PNP or any of its agencies, the AFP or any of its agencies, the NBI or any other agency or
instrumentality of the government, as well as any hospital or morgue, public or private, on the presence or
whereabouts of a reported victim of enforced or involuntary disappearance, such member or official shall
immediately issue a certification in writing to the inquiring person or entity on the presence or absence
and/or information on the whereabouts of such disappeared person, stating, among others, in clear and
unequivocal manner the date and time of inquiry, details of the inquiry and the response to the inquiry.

Section 9. Duty of Inquest/Investigating Public Prosecutor or any Judicial or Quasi-Judicial Official or

Employee. –Any inquest or investigating public prosecutor, or any judicial or quasi-judicial official or
employee who learns that the person delivered for inquest or preliminary investigation or for any other
judicial process is a victim of enforced or involuntary disappearance shall have the duty to immediately
disclose the victim’s whereabouts to his or her immediate family, relatives, lawyer/s or to a human rights
organization by the most expedient means.
Section 10. Official Up-to-Date Register of All Persons Detained or Confined. - All persons detained or
confined shall be placed solely in officially recognized and controlled places of detention or confinement
where an official up-to-date register of such persons shall be maintained. Relatives, lawyers, judges,
official bodies and all persons who have legitimate interest in the whereabouts and condition of the
persons deprived of liberty shall have free access to the register.

The following details, among others, shall be recorded, in the register:

(a) The identity or name, description and address of the person deprived of liberty;

(b) The date, time and location where the person was deprived of liberty and the identity of the person
who made such deprivation of liberty;

(c) The authority who decided the deprivation of liberty and the reasons for the deprivation of liberty or
the crime or offense committed;

(d) The authority controlling the deprivation of liberty;

(e) The place of deprivation of liberty, the date and time of admission to the place of deprivation of
liberty and the authority responsible for the place of deprivation of liberty;

(f) Records of physical, mental and psychological condition of the detained or confined person before and
after the deprivation of liberty and the name and address of the physician who examined him or her
physically, mentally and medically;

(g) The date and time of release or transfer of the detained or confined person to another place of
detention, the destination and the authority responsible for the transfer;

(h) The date and time of each removal of the detained or confined person from his or her cell, the reason
or purpose for such removal and the date and time of his or her return to his or her cell;

(i) A summary of the physical, mental and medical findings of the detained or confined person after each
interrogation;

(j) The names and addresses of the persons who visit the detained or confined person and the date and
time of such visits and the date and time of each departure;

(k) In the event of death during the deprivation of liberty, the identity, the circumstances and cause of
death of the victim as well as the destination of the human remains; and

(l) All other important events bearing on and all relevant details regarding the treatment of the detained or
confined person.

Provided, That the details required under letters (a) to (f) shall be entered immediately in the register
upon arrest and/or detention.

All information contained in the register shall be regularly or upon request reported to the CHR or any
other agency of government tasked to monitor and protect human rights and shall be made available to
the public.

Section 11. Submission of List of Government Detention Facilities. –Within six (6) months from the
effectivity of this Act and as may be requested by the CHR thereafter, all government agencies concerned
shall submit an updated inventory or list of all officially recognized and controlled detention or
confinement facilities, and the list of detainees or persons deprived of liberty under their respective
jurisdictions to the CHR.

Section 12. Immediate Issuance and Compliance of the Writs of Habeas Corpus, Amparo and Habeas
Data. – All proceedings pertaining to the issuance of the writs of habeas corpus, amparo and habeas
data shall be dispensed with expeditiously. As such, all courts and other concerned agencies of
government shall give priority to such proceedings.

Moreover, any order issued or promulgated pursuant to such writs or their respective proceedings shall be
executed and complied with immediately.

Section 13. Visitation /Inspection of Places of Detention and, Confinement. –The CHR or its duly
authorized representatives are hereby mandated and authorized to conduct regular, independent,
unannounced and unrestricted visits to or inspection of all places of detention and confinement.

Section 14. Liability of Commanding Officer or Superior. - The immediate commanding officer of the
unit concerned of the AFP or the immediate senior official of the PNP and other law enforcement
agencies shall be held liable as a principal to the crime of enforced or involuntary disappearance for acts
committed by him or her that shall have led, assisted, abetted or allowed, whether directly or indirectly,
the commission thereof by his or her subordinates. If such commanding officer has knowledge of or,
owing to the circumstances at the time, should have known that an enforced or involuntary disappearance
is being committed, or has been committed by subordinates or by others within the officer’s area of
responsibility and, despite such knowledge, did not take preventive or coercive action either before,
during or immediately after its commission, when he or she has the authority to prevent or investigate
allegations of enforced or involuntary disappearance but failed to prevent or investigate such allegations,
whether deliberately or due to negligence, shall also be held liable as principal.

Section 15. Penal Provisions. – (a) The penalty of reclusion perpetua and its accessory penalties shall be
imposed upon the following persons:

(1) Those who directly committed the act of enforced or involuntary disappearance;

(2) Those who directly forced, instigated, encouraged or induced others to commit the act of enforced or
involuntary disappearance;

(3) Those who cooperated in the act of enforced or involuntary disappearance by committing another act
without which the act of enforced or involuntary disappearance would not have been consummated;

(4) Those officials who allowed the act or abetted in the consummation of enforced or involuntary
disappearance when it is within their power to stop or uncover the commission thereof; and

(5) Those who cooperated in the execution of the act of enforced or involuntary disappearance by
previous or simultaneous acts.

(b) The penalty of reclusion temporal and its accessory penalties shall be imposed upon those who shall
commit the act of enforced or involuntary disappearance in the attempted stage as provided for and
defined under Article 6 of the Revised Penal Code.

(c) The penalty of reclusion temporal and its accessory penalties shall also be imposed upon persons who,
having knowledge of the act of enforced or involuntary disappearance and without having participated
therein, either as principals or accomplices, took part subsequent to its commission in any of the
following manner:

(1) By themselves profiting from or assisting the offender to profit from the effects of the act of enforced
or involuntary disappearance;

(2) By concealing the act of enforced or involuntary disappearance and/or destroying the effects or
instruments thereof in order to prevent its discovery; or

(3) By harboring, concealing or assisting in the escape of the principal/s in the act of enforced or
involuntary disappearance, provided such accessory acts are done with the abuse of official functions.

(d) The penalty of prision correctional and its accessory penalties shall be imposed against persons who
defy, ignore or unduly delay compliance with any order duly issued or promulgated pursuant to the writs
of habeas corpus, amparo and habeas data or their respective proceedings.

(e) The penalty of arresto mayor and its accessory penalties shall be imposed against any person who
shall violate the provisions of Sections 6, 7, 8, 9 and 10 of this Act.

Section 16. Preventive Suspension/Summary Dismissal. –Government officials and personnel who are
found to be perpetrators of or participants in any manner in the commission of enforced or involuntary
disappearance as a result of a preliminary investigation conducted for that purpose shall be preventively
suspended or summarily dismissed from the service, depending on the strength of the evidence so
presented and gathered in the said preliminary investigation or as may be recommended by the
investigating authority.

Section 17. Civil Liability. –The act of enforced or involuntary disappearance shall render its perpetrators
and the State agencies which organized, acquiesced in or tolerated such disappearance liable under civil
law.

Section 18. Independent Liability. –The criminal liability of the offender under this Act shall be
independent of or without prejudice to the prosecution and conviction of the said offender for any
violation of Republic Act No. 7438, otherwise known as "An Act Defining Certain Rights of Person
Arrested, Detained or Under Custodial Investigation as well as the Duties of the Arresting, Detaining, and
Investigating Officers, and Providing Penalties for Violations Thereof’; Republic Act No. 9745,
otherwise known as "An Act Penalizing Torture and Other Cruel, Inhuman and Degrading Treatment or
Punishment, and Prescribing Penalties Therefor"; and applicable provisions of the Revised Penal Code.

Section 19. Nonexclusivity or Double Jeopardy Under International Law. – Any investigation, trial and
decision in any Philippines court, or body for any violation of this Act shall; be without prejudice to any
investigation, trial, decision or any other legal or administrative process before any appropriate
international court or agency under applicable international human rights and humanitarian law.

Section 20. Exemption from Prosecution. – Any offender who volunteers information that leads to the
discovery of the victim of enforced or involuntary disappearance or the prosecution of the offenders
without the victim being found shall be exempt from any criminal and/or civil liability under this
Act: Provided, That said offender does not appear to be the most guilty.

Section 21. Continuing Offense. – An act constituting enforced or involuntary disappearance shall be
considered a continuing offense as long as the perpetrators continue to conceal the fate and whereabouts
of the disappeared person and such circumstances have not been determined with certainty.
Section 22. Statue of Limitations Exemption. – The prosecution of persons responsible for enforced or
involuntary disappearance shall not prescribe unless the victim surfaces alive. In which case, the
prescriptive period shall be twenty-five (25) years from the date of such reappearance.

Section 23. Special Amnesty Law Exclusion. – Persons who are changed with and/or guilty of the act of
enforced or involuntary disappearance shall not benefit from any special amnesty law or other similar
executive measures that shall exempt them from any penal proceedings or sanctions.

Section 24. State Protection – The State, through its appropriate agencies, shall ensure the safety of all
persons involved in the search, investigation and prosecution of enforced or involuntary disappearance
including, but not limited to, the victims, their families, complainants, witnesses, legal counsel and
representatives of human rights organizations and media. They shall likewise be protected from any
intimidation or reprisal.

Section 25. Applicability of Refouler. –No person shall be expelled, returned or extradited to another
State where there are substantial grounds to believe that such person shall be in danger of being subjected
to enforced or involuntary disappearance. For purposes of determining whether such grounds exist, the
Secretary of the Department, of Foreign Affairs (DFA) and the Secretary of the Department of Justice
(DOJ) in coordination with the Chairperson of the CHR, shall take into account all relevant
considerations including where applicable and not limited to, the existence in the requesting State of a
consistent pattern of gross, flagrant or mass violations of human rights.

Section 26. Restitution and Compensation to Victims of Enforced or Involuntary Disappearance and/or
Their Immediate Relatives. –The victims of enforced or involuntary disappearance who surface alive shall
be entitled to monetary compensation, rehabilitation and restitution of honor and reputation. Such
restitution of honor and reputation shall include immediate expunging or rectification of any derogatory
record, information or public declaration/statement on his or her person, personal circumstances, status,
and/or organizational affiliation by the appropriate government or private agency or agencies concerned.

The immediate relatives of a victim of enforced or involuntary disappearance, within the fourth civil
degree of consanguinity or affinity, may also claim for compensation as provided for under Republic Act
No. 7309, entitled "An Act Creating a Board of Claims under the Department of Justice for Victims of
Unjust Imprisonment or Detention and Victims of Violent Crimes and For Other Purposes", and other
relief programs of the government.

The package of indemnification for both the victims and the immediate relatives within the fourth civil
degree of consanguinity or affinity shall be without prejudice to other legal remedies that may be
available to them.

Section 27. Rehabilitation of Victims and/or Their Immediate Relatives, and Offenders. – In order that the
victims of enforced or involuntary disappearance who surfaced alive and/or their immediate relatives
within the fourth civil degree of consanguinity or affinity, may be effectively reintegrated into the
mainstream of society and in the process of development, the State, through the CHR, in coordination
with the Department of Health, the Department of Social Welfare and Development (DSWD) and the
concerned nongovernment organization/s, shall provide them with appropriate medical care and
rehabilitation free of charge.

Toward the attainment of restorative justice, a parallel rehabilitation program for persons who have
committed enforced or involuntary disappearance shall likewise be implemented without cost to such
offenders.
Section 28. Implementing Rules and Regulations. – Within thirty (30) days from the effectivity of this
Act, the DOJ, the DSWD, the CHR, the Families of Victims of Involuntary Disappearance (FIND) and
the Families of Desaparecidos for Justice (Desaparecidos), in consultation with other human rights
organizations, shall jointly promulgate the rules and regulations for the effective implementation of this
Act and shall ensure the full dissemination of the same to the public.

Section 29. Suppletory Applications. – The applicable provisions of the Revised Penal Code shall have
suppletory application insofar as they are consistent with the provisions of this Act.

Section 30. Appropriations. –The amount of Ten million pesos (P10,000,000.00) is hereby appropriated
for the initial implementation of this Act by the CHR. Subsequent fluids for the continuing
implementation of this Act shall be included in the respective budgets of the CHR and the DOJ in the
annual General Appropriations Act.

Section 31. Separability Clause. –If for any reason, any section or provision of this Act is declared
unconstitutional or invalid, such other sections or provisions not affected thereby shall remain in full
force and effect.

Section 32. Repealing Clause. – All laws, decrees, executive orders, rules and regulations and other
issuances or parts thereof inconsistent with the provisions of this Act are hereby repealed, amended or
modified accordingly.

Section 33. Effectivity Clause. – This Act shall take effect fifteen (15) days after its publication in at least
two (2) newspapers of general circulation or the Official Gazette, which shall not be later than seven (7)
days after the approval thereof.

Approved,

A. M. No. 08-1-16-SC January 22, 2008

THE RULE ON THE WRIT OF HABEAS DATA

RESOLUTION

Acting on the recommendation of the Chairperson of the Committee on Revision of the Rules of Court
submitting for this Court’s consideration and approval the proposed Rule on the Writ of Habeas Data, the
Court Resolved to APPROVE the same.

This Resolution shall take effect on February 2, 2008, following its publication in three (3) newspapers of
general circulation.

January 22, 2008

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THE RULE ON THE WRIT OF HABEAS DATA

SECTION 1. Habeas Data. - The writ of habeas data is a remedy available to any person whose right to
privacy in life, liberty or security is violated or threatened by an unlawful act or omission of a public
official or employee, or of a private individual or entity engaged in the gathering, collecting or storing of
data or information regarding the person, family, home and correspondence of the aggrieved party.
SEC. 2. Who May File. - Any aggrieved party may file a petition for the writ of habeas data. However,
in cases of extralegal killings and enforced disappearances, the petition may be filed by:

(a) Any member of the immediate family of the aggrieved party, namely: the spouse, children and parents;
or

(b) Any ascendant, descendant or collateral relative of the aggrieved party within the fourth civil degree
of consanguinity or affinity, in default of those mentioned in the preceding paragraph; or

SEC. 3. Where to File. - The petition may be filed with the Regional Trial Court where the petitioner or
respondent resides, or that which has jurisdiction over the place where the data or information is gathered,
collected or stored, at the option of the petitioner.

The petition may also be filed with the Supreme Court or the Court of Appeals or the Sandiganbayan
when the action concerns public data files of government offices.

SEC. 4. Where Returnable; Enforceable. - When the writ is issued by a Regional Trial Court or any
judge thereof, it shall be returnable before such court or judge.

When issued by the Court of Appeals or the Sandiganbayan or any of its justices, it may be returnable
before such court or any justice thereof, or to any Regional Trial Court of the place where the petitioner
or respondent resides, or that which has jurisdiction over the place where the data or information is
gathered, collected or stored.

When issued by the Supreme Court or any of its justices, it may be returnable before such Court or any
justice thereof, or before the Court of Appeals or the Sandiganbayan or any of its justices, or to any
Regional Trial Court of the place where the petitioner or respondent resides, or that which has jurisdiction
over the place where the data or information is gathered, collected or stored.

The writ of habeas data shall be enforceable anywhere in the Philippines.

Sec. 5. Docket Fees. - No docket and other lawful fees shall be required from an indigent petitioner. The
petition of the indigent shall be docked and acted upon immediately, without prejudice to subsequent
submission of proof of indigency not later than fifteen (15) days from the filing of the petition.

SEC. 6. Petition. - A verified written petition for a writ of habeas data should contain:

(a) The personal circumstances of the petitioner and the respondent;

(b) The manner the right to privacy is violated or threatened and how it affects the right to life, liberty or
security of the aggrieved party;

(c) The actions and recourses taken by the petitioner to secure the data or information;

(d) The location of the files, registers or databases, the government office, and the person in charge, in
possession or in control of the data or information, if known;

(e) The reliefs prayed for, which may include the updating, rectification, suppression or destruction of the
database or information or files kept by the respondent.

In case of threats, the relief may include a prayer for an order enjoining the act complained of; and
(f) Such other relevant reliefs as are just and equitable.

SEC. 7. Issuance of the Writ. - Upon the filing of the petition, the court, justice or judge shall
immediately order the issuance of the writ if on its face it ought to issue. The clerk of court shall issue the
writ under the seal of the court and cause it to be served within three (3) days from the issuance; or, in
case of urgent necessity, the justice or judge may issue the writ under his or her own hand, and may
deputize any officer or person serve it.

The writ shall also set the date and time for summary hearing of the petition which shall not be later than
ten (10) work days from the date of its issuance.

SEC. 8. Penalty for Refusing to Issue or Serve the Writ. - A clerk of court who refuses to issue the
writ after its allowance, or a deputized person who refuses to serve the same, shall be punished by the
court, justice or judge for contempt without prejudice to other disciplinary actions.

SEC. 9. How the Writ is Served. - The writ shall be served upon the respondent by a judicial officer or
by a person deputized by the court, justice or judge who shall retain a copy on which to make a return of
service. In case the writ cannot be served personally on the respondent, the rules on substituted service
shall apply.

SEC. 10. Return; Contents. - The respondent shall file a verified written return together with supporting
affidavits within five (5) working days from service of the writ, which period may be reasonably
extended by the Court for justifiable reasons. The return shall, among other things, contain the following:

(a) The lawful defenses such as national security, state secrets, privileged communications,
confidentiality of the source of information of media and others;

(b) In case of respondent in charge, in possession or in control of the data or information subject of the
petition;

(i) a disclosure of the data or information about the petitioner, the nature of such data or information, and
the purpose for its collection;

(ii) the steps or actions taken by the respondent to ensure the security and confidentiality of the data or
information; and,

(iii) the currency and accuracy of the data or information held; and,

(c) Other allegations relevant to the resolution of the proceeding.

A general denial of the allegations in the petition shall not be allowed.

SEC. 11. Contempt. - The court, justice or judge may punish with imprisonment or fine a respondent
who commits contempt by making a false return, or refusing to make a return; or any person who
otherwise disobeys or resist a lawful process or order of the court.

SEC. 12. When Defenses May be Heard in Chambers. - A hearing in chambers may be conducted
where the respondent invokes the defense that the release of the data or information in question shall
compromise national security or state secrets, or when the data or information cannot be divulged to the
public due to its nature or privileged character.

Sec. 13. Prohibited Pleadings and Motions. - The following pleadings and motions are prohibited:
(a) Motion to dismiss;

(b) Motion for extension of time to file return, opposition, affidavit, position paper and other pleadings;

(c) Dilatory motion for postponement;

(d) Motion for a bill of particulars;

(e) Counterclaim or cross-claim;

(f) Third-party complaint;

(g) Reply;

(h) Motion to declare respondent in default;

(i) Intervention;

(j) Memorandum;

(k) Motion for reconsideration of interlocutory orders or interim relief orders; and

(l) Petition for certiorari, mandamus or prohibition against any interlocutory order.

SEC. 14. Return; Filing. - In case the respondent fails to file a return, the court, justice or judge shall
proceed to hear the petition ex parte, granting the petitioner such relief as the petition may warrant unless
the court in its discretion requires the petitioner to submit evidence.

SEC. 15. Summary Hearing. - The hearing on the petition shall be summary. However, the court, justice
or judge may call for a preliminary conference to simplify the issues and determine the possibility of
obtaining stipulations and admissions from the parties.

SEC. 16. Judgment. - The court shall render judgment within ten (10) days from the time the petition is
submitted for decision. If the allegations in the petition are proven by substantial evidence, the court shall
enjoin the act complained of, or order the deletion, destruction, or rectification of the erroneous data or
information and grant other relevant reliefs as may be just and equitable; otherwise, the privilege of the
writ shall be denied.

Upon its finality, the judgment shall be enforced by the sheriff or any lawful officers as may be
designated by the court, justice or judge within five (5) working days.

SEC. 17. Return of Service. - The officer who executed the final judgment shall, within three (3) days
from its enforcement, make a verified return to the court. The return shall contain a full statement of the
proceedings under the writ and a complete inventory of the database or information, or documents and
articles inspected, updated, rectified, or deleted, with copies served on the petitioner and the respondent.

The officer shall state in the return how the judgment was enforced and complied with by the respondent,
as well as all objections of the parties regarding the manner and regularity of the service of the writ.

SEC. 18. Hearing on Officer’s Return. - The court shall set the return for hearing with due notice to the
parties and act accordingly.
SEC. 19. Appeal. - Any party may appeal from the final judgment or order to the Supreme Court under
Rule 45. The appeal may raise questions of fact or law or both.

The period of appeal shall be five (5) working days from the date of notice of the judgment or final order.

The appeal shall be given the same priority as in habeas corpus and amparo cases.

SEC. 20. Institution of Separate Actions. - The filing of a petition for the writ of habeas data shall not
preclude the filing of separate criminal, civil or administrative actions.

SEC. 21. Consolidation. - When a criminal action is filed subsequent to the filing of a petition for the
writ, the latter shall be consolidated with the criminal action.

When a criminal action and a separate civil action are filed subsequent to a petition for a writ of habeas
data, the petition shall be consolidated with the criminal action.

After consolidation, the procedure under this Rule shall continue to govern the disposition of the reliefs in
the petition.

SEC. 22. Effect of Filing of a Criminal Action. - When a criminal action has been commenced, no
separate petition for the writ shall be filed. The relief under the writ shall be available to an aggrieved
party by motion in the criminal case.

The procedure under this Rule shall govern the disposition of the reliefs available under the writ
of habeas data.

SEC. 23. Substantive Rights. - This Rule shall not diminish, increase or modify substantive rights.

SEC. 24. Suppletory Application of the Rules of Court. - The Rules of Court shall apply suppletorily
insofar as it is not inconsistent with this Rule.

SEC. 25. Effectivity. - This Rule shall take effect on February 2, 2008, following its publication in three
(3) newspapers of general circulation.