Professional Documents
Culture Documents
Human Rights
Human Rights
i. Right of people to be free from that in this regard that the LLDA, by virtue of its special
colonial rule charter, obviously has the responsibility to protect the
ii. Right of people to decide their own inhabitants of the Laguna Lake region from the deleterious
destiny effects of pollutants emanating from the discharges of wastes
13. Minority Group Rights from the surrounding areas. In carrying out the national
i. Protection of ethnic, linguistic and
policy of promoting and accelerating the development and
religious minorities
balanced growth of the Laguna Lake area and the surrounding
Laguna Lake Development Authority v. CA, 231 SCRA 292 provinces of Rizal and Laguna and the cities of San Pablo,
Manila, Pasay, Quezon and Caloocan with due regard and
Facts: A letter-complaint was filed with the Laguna Lake adequate provisions for environmental management and
Development Authority (LLDA), seeking to stop the operation control, preservation of the quality of human life and
of the open garbage dumpsite in the Tala Estate in Caloocan, ecological systems, and the prevention of undue ecological
due to its harmful effects on the health of the residents and disturbances, deterioration and pollution, the LLDA is
the possibility of pollution of the water content of the mandated, among others, to pass upon and approve or
surrounding area. It was discovered that the open dumpsite disapprove all plans, programs, and projects proposed by
did not have an Environmental Compliance Certificate from local government offices/agencies within the region, public
the Environmental Management Bureau of the Department of corporations, and private persons or enterprises where such
Environmental and Natural Resources, as required under plans, programs, and/or projects are related to those of the
Presidential Decree No. 1586, and a clearance from the LLDA LLDA for the development of the region.
as required under Republic Act No. 4850. The LLDA then
conducted an on-site investigation, monitoring and test 2. Does the LLDA have the power and authority to issue
sampling of the leachate that seeps from the said dumpsite to a Cease and Desist Order to enjoin the dumping of
the nearby creek which is a tributary of the Marilao river. The garbage in the Tala Estate?
leachate testing revealed the presence of bacteria. As a result,
YES. Although the LLDA was not expressly conferred
the LLDA issued a Cease and Desist Order ordering that the
the power to issue an ex parte cease and desist order in
dumping of any form or kind of garbage and other waste
express terms, the LLDA’s issuance of one, as a practical
matter at the Caloocan dumpsite be completely stopped.
matter of procedure under the circumstances of the case, is a
When talks on the dumpsite failed to settle the problem, the
proper exercise of its power and authority under its charter
dumpsite was opened again, prompting the LLDA to issue
and its amendatory laws. The provision which empowers the
another Cease and Desist Order. Thereafter, the LLDA, with
LLDA to instituted necessary legal proceedings against any
the assistance of the Philippine National Police, enforced the
person who shall commence to implement or continue
Order by prohibiting the entry of all garbage dump trucks into
implementation of any project, plan or program within the
the Caloocan dumpsite. The City Government of Caloocan
Laguna de Bay region without previous clearance from the
then filed with the RTC of Caloocan City an action for the
LLDA was designed to invest the LLDA with sufficiently broad
declaration of nullity of the Cease and Desist Order, and
powers in the regulation of all projects initiated in the Laguna
sought to be declared as the sole authority empowered to
Lake region, whether by the government or the private sector,
promote the health and safety and enhance the right of the
insofar as the implementation of these projects is concerned.
people in Caloocan City to a balanced ecology within its
Moreover, Section 16 of Article II of the 1987 Constitution
territorial jurisdiction.
states that:
Issues and Rulings:
“The State shall protect
1. Does the LLDA have the authority to entertain the and advance the right of
complaint against the dumping of garbage in the the people to a balanced
open dumpsite in Caloocan authorized by its City and healthful ecology in
Government which is allegedly endangering the accord with the rhythm
health, safety, and welfare of the residents therein and harmony of nature.”
and the sanitation and quality of the water in the
As a constitutionally guaranteed right of every
area brought about by exposure to pollution caused
person, it carries the correlative duty of non-impairment. This
by such open garbage dumpsite?
is but in consonance with the declared policy of the state “to
YES. The LLDA’s jurisdiction was validly invoked on protect and promote the right to health of the people and
the basis of the allegation that the open dumpsite of the City instill health consciousness among them.” It is to be borne in
Government of Caloocan was undertaken without a clearance mind that the Philippines is party to the Universal Declaration
from the LLDA, as required by RA 4850. As a general rule, the of Human Rights and the Alma Conference Declaration of
adjudication of pollution cases generally pertains to the 1978 which recognize health as a fundamental human right.
Pollution Adjudication Board, except in cases where the The LLDA’s charter is but a response to the demands of “the
special law provides for another forum. It must be recognized
o Human rights exist as a means of social o The recognition of individual rights in the
control, to serve the social interests of enjoyment of the basic freedoms such as
society. freedom of speech, religion, assembly, fair
o Lays emphasis of obtaining a just trial and access to courts.
equilibrium of multifarious interests among o Governments must treat all their citizens
prevailing moral sentiments and the social equally. For this purpose, the government
and economic conditions of the time and must intervene in order to advance general
place. welfare.
7. Utilitarian Theory
o Seeks to define the notion of rights in terms Origin of Human Rights in the Philippines
of tendencies to promote specified ends
such as common good. 20 June 1899 – Malolos Constitution: contained several
o Every human decision was motivated by provisions on civil and political rights
some calculation of pleasure and pain. The
1902 – Philippine Bill of 1902
goal is to promote the greatest happiness of
the greatest number. 1916 – Philippine Autonomy Act of 1916/Jones Law
o Everyone is counted equally, but not treated
equally. 1934 – Philippine Independence Act of 1934/Tydings-
o Requires the government to maximize the McDuffee Law
total net sum of citizens.
o An individual cannot be more important 1935 – First Philippine Constitution: contained Bill of Rights
than the entire group. A man cannot simply
1973 – Second Philippine Constitution
live alone in disregard of his impulse to
society. 1983 – Present Philippine Constitution
o The composite society of which the
individual is a unit has on its own wants, From 1942 to 1944, the Filipinos were temporarily
claims and demands. An act is good only deprived of the enjoyment of the civil and political
when it takes into consideration the rights during the military rule of Japan. But these
interests of the society and tends to were immediately restored in 1945.
augment the happiness of the entire The Filipinos were again subjected to violation of
community. human rights during the authoritarian rule of
8. Theory Based on Dignity of Man/Policy Science President Marcos, which was terminated during the
Approach February 1986 revolution.
o Human rights means sharing values of all
identified policies upon which human rights Human Rights Instruments to which The Philippines is a
depend on. Signatory:
o The most important values are respect,
power, knowledge, health, and security. 1. International Covenant of Economic, Social and
o The ultimate goal of this theory is a world Cultural Rights (7 June 1974)
community where there is democratic 2. International Covenant on Civil and Political Rights
sharing and distribution of values. (23 October 1986)
o All available resources are utilized to the 3. Optional Protocol International Covenant on Civil
maximum and the protection of human and Political Rights (22 August 1989)
4. International Convention on the Elimination of All
dignity is recognized.
9. Theories of Justice Forms of Racial Discrimination (15 September 1976)
o Each person possesses inviolability founded 5. International Convention on the Suppression and
Punishment of the Crime of Apartheid (27 July 1987)
on justice.
6. International Convention against Apartheid (27 July
o The rights secured for justice are not subject
1987)
to political bargaining or to social interests.
7. International Convention on the Elimination of All
o Each person has equal rights to the whole
Forms of Discrimination Against Women (5 August
system of liberties. There is no justice in a
1981)
community where there are social and
8. Convention on the Political Rights of Women (12
economic inequalities.
September 1957)
o The general conception of justice is one of
9. Convention on the Rights of the Child (21 August
fairness and those social primary goods
1990)
such as opportunity, income and wealth and 10. Slavery Convention of 1926 (12 July 1955)
self-respect are to be distributed equally. 11. Protocol Amending the Slavery Convention (17
10. Theory Based on Equality and Respect of Human November 1965)
Dignity
12. Supplementary Convention on the Abolition of (6) Recommend to Congress effective measures to
Slavery, the Slave Trade and Institutions and promote human rights and to provide for
Practices (17 November 1965) compensation to victims of violations of human
13. Convention on the Suppression of the Trafficking of rights, or their families;
Persons and the Exploitation of Others (19 (7) Monitor the Philippine Government’s compliance
September 1952) with international treaty obligations on human
14. Convention against Torture and other Cruel, rights;
Inhuman, or Degrading Treatment or Punishment (18 (8) Grant immunity from prosecution to any person
June 1986) whose testimony or whose possession of
15. The Convention on the Consent to Marriage, documents or other evidence is necessary or
Minimum Age for Marriage and Registration of convenient to determine the truth in any
Marriage (21 January 1965) investigation conducted by it or under its
16. International Convention on the Protection of All authority;
Migrant Workers and Members of their Families (13 (9) Request the assistance of any department, bureau,
November 1993) office, or agency in the performance of its
17. Convention on the Nationality of Married Women functions;
18. Convention on the Status of Stateless Persons (22 (10) Appoint its officers and employees in accordance
June 1955) with law; and
19. Convention Relating to the Status of Refugees (22 (11) Perform such other duties and functions as may be
July 1981) provided by law.
20. Convention on the Prevention and the Punishment
of the Crime of Genocide (7 July 1950) Cariño v. Commission on Human Rights, 204 SCRA 483
21. Convention on Non-applicability of Statutory
Limitation on War Crimes and Crimes Against Facts:
Humanity (15 May 1973)
22. Protocol Additional to the Geneva Convention of 12 For joining the concerted mass actions of public
August 1949, Relating to the Protection of Victims of teachers and for failure to heed the return-to-work order
Non-International Armed Conflicts (Protocol II) (11 issued by DECS Secretary Cariño, eight teachers from the
July 1987) Ramon Magsaysay High School, namely Graciano Budoy,
Julieta Babaran, Elsa Ibabao, Helen Lupo, Amparo Gonzales,
The Philippine Commission on Human Rights Luz del Castillo, Elsa Reyes and Apolinario Esber were
administratively charged, preventively suspended for 90 days,
Creation: Mandated by the 1987 Constitution; formally and temporarily replaced. The said eight teachers, led by their
constituted by President Aquino’s Executive Order No. 163 counsel, subsequently staged a walkout signifying their intent
to boycott the proceedings. Thereafter, Secretary Cariño
Composition and Qualifications: One Chairman and four
rendered a decision ordering the dismissal from service of
Members, who must be natural-born citizens of the
Esber, and the 9-month suspensions of Babaran, Budoy, and
Philippines and a majority of whom shall be members of the
del Castillo. The eight teachers then complained to the
Bar (Section 17, Art. XIII, 1987 Constitution)
Commission on Human Rights on the ground that they were
Powers and Functions: (Section 18, Art. XIII, 1987 denied due process. Secretary Cariño filed a motion to dismiss
Constitution) with the CHR on the ground that the CHR had no jurisdiction
over the case.
(1) Investigate, on its own or on complaint by any
party, all forms of human rights violations involving Issue and Ruling:
civil and political rights;
(2) Adopt its operational guidelines and rules of 1. W/N the CHR has the power under the Constitution
procedure, and cite for contempt for violations to try and decide, or hear and determine, certain
thereof in accordance with the Rules of Court; specific type of cases, like alleged human rights
(3) Provide appropriate legal measures for the violations involving civil or political rights.
protection of human rights of all persons within
NO. The CHR was not meant by the Constitution to
the Philippines, as well as Filipinos residing abroad,
be another court or quasi-judicial agency in this country. The
and provide for preventive measures and legal aid
most that may be conceded to the CHR in the way of
services to the under-privileged whose human
adjudicative power is that it may investigate, i.e., receive
rights have been violated or need protection;
(4) Exercise visitorial powers over jails, prisons, or evidence and make findings of fact as regards claimed human
detention facilities; rights violations involving civil and political rights. Fact finding
(5) Establish a continuing program of research, is not adjudication, and cannot be likened to the judicial
education, and information to enhance respect for function of a court of justice, or even a quasi-judicial agency
the primacy of human rights; or official. The function of receiving evidence and ascertaining
therefrom the facts of a controversy is not a judicial function, CHR cited the QC Officers in contempt for carrying out further
properly speaking. To be considered such, the faculty of demolition on the stalls, sari-sari stores, and carinderia
receiving evidence and making factual conclusions in a despite the order to desist, and imposed a fine of P500.00 on
controversy must be accompanied by the authority of each of them.
applying the law to those factual conclusions to the end that
the controversy may be decided or determined Issues and Ruling:
authoritatively, finally and definitively, subject to such appeals
1. W/N the CHR has jurisdiction to investigate the
or modes of review as may be provided by law. This function,
violation of the rights of those vendors whose stalls
to repeat, the Commission does not have.
were demolished by the QC Officers at the instance
The Constitution clearly and categorically grants to and authority given by N Mayor of QC.
the CHR the power to investigate all forms of human rights
NO. The order for the demolition of the stalls, sari-sari stores
violations involving civil and political rights. It can exercise
and carinderia of the vendors does not fall within the
that power on its own initiative or complaint of any person. It
compartment of “human rights violations involving civil and
may exercise that power pursuant to such rules of procedure
political rights” intended by the Constitution.
as it may adopt and, in cases of violations of said rules, cite
for contempt in accordance with the Rules of Court. In the 2. W/N the CHR has jurisdiction to impose a fine of
course of any investigation conducted by it or under its P500.00 on each of the QC Officers.
authority, it may grant immunity from prosecution to any
person whose testimony or whose possession of documents NO. Although the CHR is constitutionally authorized to adopt
or other evidence is necessary or convenient to determine its operational guidelines and rules of procedure, and cite for
the truth. It may also request the assistance of any contempt for violations thereof in accordance with the Rules
department, bureau, office, or agency in the performance of of Court, and accordingly, the CHR acted within its authority
its functions, in the conduct of its investigation or in in providing in its revised rules, its power to cite or hold any
extending such remedy as may be required by its findings. But person in direct or indirect contempt, and to impose the
it cannot try and decide cases (or hear and determine causes) appropriate penalties in accordance with the procedure and
as courts of justice, or even quasi-judicial bodies do. To sanctions provided for in the Rules of Court, the power to cite
investigate is not to adjudicate or adjudge. Whether in the in contempt should be understood to apply only to violations
popular or in the technical sense, these terms have well of its adopted operational guidelines and rules of procedure
understood and quite distinct meanings. essential to carry out its investigatorial powers. The order to
desist is not investigatorial in character but prescinds from an
Simon v. Commission on Human Rights, 229 SCRA 7 adjudicative power that it does not possess.
of the political, jurisdictional, or international status of the to the protection of the law against such interference or
country or territory to which a person belongs, whether it be attacks.
independent, trust, non-self-governing or under any other
limitation of sovereignty. Article 14.
Article 3. Everyone has the right to life, liberty, and security of (1) Everyone has the right to seek and enjoy in other
person. countries asylum from persecution.
(2) This right may not be invoked in the case of
Article 4. No one shall be held in slavery or servitude; slavery prosecutions genuinely arising from non-political
and the slave trade shall be prohibited in all their forms. crimes or from acts contrary to the purposes and
principles of the United Nations.
Article 5. No one shall be subjected to torture or to cruel,
inhuman or degrading treatment or punishment. 3. Right to Privacy
Article 6. Everyone has the right to recognition everywhere as Article 12, supra.
a person before the law.
Article 13.
Article 7. All are equal before the law and are entitled without
(1) Everyone has the right to freedom of movement and
any discrimination to equal protection of the law. All are
residence within the borders of each state.
entitled to equal protection against any discrimination in
(2) Everyone has the right to leave any country,
violation of this Declaration and against any incitement to
including his own, and to return to his country.
such discrimination.
4. Nationality and the Family
Article 8. Everyone has the right to an effective remedy by the
competent national tribunals for acts violating the Article 15.
fundamental rights granted him by the constitution or by law.
(1) Everyone has the right to a nationality.
2. Liberty, Security, and Recognition of Persons (2) No one shall be arbitrarily deprived of his nationality
nor denied the right to change his nationality.
Article 4, supra.
Article 16.
Article 5, supra.
(1) Men and women of full age, without any limitation
Article 6, supra.
due to race, nationality or religion, have the right to
Article 7, supra. marry and found a family. They are entitled to equal
rights as to marriage, during marriage and at its
Article 9. No one shall be subjected to arbitrary arrest, dissolution.
detention or exile. (2) Marriage shall be entered into only with the free and
full consent of the intending spouses.
Article 10. Everyone is entitled in full equality to a fair and (3) The family is the natural and fundamental group unit
public hearing by an independent and impartial tribunal, in of society and is entitled to protection by society and
the determination of his rights and obligations and of any the State.
criminal charge against him.
5. Right to Own Property
Article 11. Ownership of external goods assures a
person a highly necessary sphere for the
(1) Everyone charged with a penal offense has the right exercise of his personal and family
to be presumed innocent until proved guilty autonomy and ought to be considered as an
according to law in a public trial at which he has had extension of human freedom.
all the guarantees necessary for his defense.
(2) No one shall be held guilty of any penal offense on Article 17.
account of any act or omission which did not
constitute a penal offense, under national or (1) Everyone has the right to own property alone as well
international law, at the time when it was as in association with others
(2) No one shall be arbitrarily deprived of his property.
committed. Nor shall a heavier penalty be imposed
than the one that was applicable at the time the 6. Freedom of Thought, Conscience, and Religion
penal offense was committed.
Article 18. Everyone has the right to freedom of thought,
Article 12. No one shall be subjected to arbitrary interference conscience and religion; this right includes freedom to change
with his privacy, family, home or correspondence, nor to his religion or belief, and freedom, either alone or in
attacks upon his honor and reputation. Everyone has the right
community with others and in public or private, to manifest generally available and higher education shall be
his religion or belief in teaching, practice, worship and equally accessible to all on the basis of merit.
observance. (2) Education shall be directed to the full development
of the human personality and to the strengthening of
Article 19. Everyone has the right to freedom of opinion and respect for human rights and fundamental freedoms.
expression; this right includes freedom to hold opinions It shall promote understanding, tolerance, and
without interference and to seek, receive and impart friendship among all nations, racial or religious
information and ideas through any media and regardless of groups, and shall further the activities of the United
frontiers. Nations for the maintenance of peace.
(3) Parents have a prior right to choose the kind of
7. Economic, Social, and Cultural Rights education that shall be given to their children.
Article 22. Everyone, as a member of society, has the right to Article 27.
social security and is entitled to realization, through national
effort and international cooperation and in accordance with (1) Everyone has the right freely to participate in the
the organization and resources of each State, of the cultural life of the community, to enjoy the arts and
economic, social and cultural rights indispensable for his to share in scientific advancement and its benefits.
dignity and the free development of his personality. (2) Everyone has the right to the protection of the moral
and material interests resulting from any scientific,
Article 23. literary, or artistic production of which he is the
author.
(1) Everyone has the right to work, to free choice of
employment, to just and favorable conditions of 9. Development of Personality
work and to protection against unemployment.
(2) Everyone, without any discrimination, has the right Article 28. Everyone is entitled to a social and international
to equal pay for equal work. order in which the rights and freedoms set forth in this
(3) Everyone who works has the right to just and Declaration can be fully realized.
favorable remuneration ensuring for himself and his
family an existence worthy of human dignity, and Article 29.
supplemented, if necessary, by other means of social
(1) Everyone has duties to the community in which
protection.
(4) Everyone has the right to form and join trade unions alone the free and full development of his
for the protection of his interests. personality is possible.
(2) In the exercise of his rights and freedoms, everyone
Article 24. Everyone has the right to rest and leisure, including shall be subject only to such limitations as are
reasonable limitation of working hours and periodic holidays determined by law solely for the purpose of securing
with pay. due recognition and respect for the rights and
freedoms of others and of meeting the just
Article 25. requirements of morality, public order and the
general welfare in a democratic society.
(1) Everyone has a right to a standard of living adequate (3) These rights and freedoms may in no case be
for the health and well-being of himself and of his exercised contrary to the purposes and principles of
family, including food, clothing, housing and medical the United Nations.
care and necessary social services, and the right to
security in the event of unemployment, sickness, Article 30. Nothing in this Declaration may be interpreted as
disability, widowhood, old age or other lack of implying for any State, group or person any right to engage in
livelihood in circumstances beyond his control. any activity or to perform any act aimed at the destruction of
(2) Motherhood and childhood are entitled to special any of the rights and freedoms set forth herein.
care and assistance. All children, whether born in or
out of wedlock, shall enjoy the same social 10. Other Rights
protection.
Article 20.
8. Rights to Education and Cultural Development
(1) Everyone has the right to freedom of peaceful
Article 26. assembly and association.
(2) No one may be compelled to belong to an
(1) Everyone has the right to education. Education shall association.
be free, at least in the elementary and fundamental
stages. Elementary education shall be compulsory. Article 21.
Technical and professional education shall be made
(1) Everyone has the right to take part in the 4. Economic, social and cultural rights have no fixed
government of his country, directly or through freely and well-defined forum to redress violations
chosen representatives. 5. Human rights violations are rarely reported
(2) Everyone has the right of equal access to public
service in his country.
(3) The will of the people shall be the basis of the
authority of government; this will shall be expressed
in periodic and genuine elections which shall be by
universal and equal suffrage and shall be held by
secret vote or by equivalent free voting procedures.
Composed of
1. The International Covenant on
Economic, Social and Cultural Rights
(ICESCR)
2. The International Covenant on Civil and
Political Rights (ICCPR)
3. The Universal Declaration of Human
Rights
The ICESCR and the ICCPR are legally binding on the
States that ratify them.
Mechanisms through which the ICESCR and the
ICCPR are enforced:
o ICESCR – Committee on Economic, Social,
and Cultural Rights reviews the States
Parties programs
o ICCPR – Human Rights Committee, an
independent body of experts
Section 1. Short Title. - This Act shall be known as (a) "Apartheid' means inhumane acts committed in
the "Philippine Act on Crimes Against International the context of an institutionalized regime of
Humanitarian Law, Genocide, and Other Crimes Against systematic oppression and domination by one racial
Humanity". group or groups and committed with the intention of
maintaining that regime
Section 2. Declaration of Principles and State Policies. -
(b) "Arbitrary deportation or forcible transfer of
population" means forced displacement of the
(a) The Philippines renounces war as an instrument
persons concerned by expultion by expulsion or
of national policy, adopts the generally accepted
other coercive acts from the area in which they are
principles of international law as part of the law of
lawfully present, without grounds permitted under
the land and adheres to a policy of peace, equality,
domestic or international law.
justice, freedom, cooperation and amity with all
nations.
(c) "Armed conflict" means any use of force or armed
violence between States or a protracted armed
(b) The state values the dignity of every human
violence between governmental authorities and
person and guarantees full respect for human rights,
organized armed groups or between such groups
including the rights of indigenous cultural
within that State: Provided, That such force or armed
communities and other vulnerable groups, such as
violence gives rise, or may give rise, to a situation to
women and children;
which the Geneva Conventions of 12 August 1949,
including their common Article 3, apply. Armed
(c) It shall be the responsibility of the State and all conflict may be international, that is, between two
other sectors concerned to resolved armed conflict (2) or more States, including belligerent occupation;
in order to promote the goal of "Children as Zones of or non-international, that is, between governmental
Peace"; authorities and organized armed groups or between
such groups within a state. It does not cover internal
(d) The state adopts the generally accepted disturbances or tensions such as riots, isolated and
principles of international law, including the Hague sporadic acts of violence or other acts of a similar
Conventions of 1907, the Geneva Conventions on the nature.
protection of victims of war and international
humanitarian law, as part of the law our nation; (d) "Armed forces" means all organized armed
forces, groups and units that belong to a party to an
(e) The most serious crimes of concern to the armed conflict which are under a command
international community as a whole must not go responsible to that party for the conduct of its
unpunished and their effective prosecution must be subordinates. Such armed forces shall be subject to
ensured by taking measures at the national level, in an internal disciplinary system which enforces
order to put an end to impunity for the perpetrators compliance with International Humanitarian Law
of these crimes and thus contribute to the
prevention of such crimes, it being the duty of every (e) "Attack directed against any civilian population"
State to exercise its criminal jurisdiction over those means a course of conduct involving the multiple
responsible for international crimes; commission of acts referred to in Section 6 of this
Act against any civilian population, pursuant to or in
(f) The State shall guarantee persons suspected or furtherance of a State or organizational policy to
accused of having committed grave crimes under commit such attack.
international law all rights necessary to ensure that
their trial will be fair and prompt in strict accordance (f) "Effective command and control" or " effective
with national and international law and standards for authority and control" means having the material
fair trial, It shall also protect victims, witnesses and
ability to prevent and punish the commission of (3) no acts of hostility must have been
offenses by subordinates. committed by the authorities or by the
population; and
(g) "Enforced or involuntary disappearance of
persons" means the arrest, detention, or abduction (4) no activities in support of military
of persons by, or with the authorization support or operations, must have been undertaken.
acquiescence of, a State or a political organization
followed by a refusal to acknowledge that (n) "No quarter will be given' means refusing to
deprivation of freedom or to give information on the spare the life of anybody, even of persons manifestly
fate or whereabouts of those persons, with the unable to defend themselves or who clearly express
intention of removing from the protection of the law their intention to surrender.
for a prolonged period of time
(o) "Perfidy" means acts which invite the confidence
(h) "Enslavement" means the exercise of any or all of of an adversary to lead him/her to believe he/she is
the powers attaching to the right of ownership over a entitled to, or is obliged to accord, protection under
person and includes the exercise of such power in the rules of International Humanitarian Law, with the
the course of trafficking in persons, in particular intent to betray that confidence, including but not
women and children. limited to:
(i) "Extermination" means the international infliction (1) feigning an intent to negotiate under a
of conditions of life, inter alia, the deprivation of flag of truce;
access to food and medicine, calculated to bring
about the destruction of a part of a population. (2) feigning surrender;
(j) " Forced pregnancy" means the unlawful (3) feigning incapacitation by wounds or
confinement of a women to be forcibly made sickness;
pregnant, with the intent of affecting the ethnic
composition of any population carrying out other
(4) feigning civilian or noncombatant status;
grave violations of international law.
and
(5) a member of the medical personnel (4) Extensive destruction and appropriation
assigned exclusively to medical purposes or of property not justified by military
to the administration of medical units or to necessity and carried out unlawfully and
the operation of or administration of wantonly;
medical transports; or
(5) Willfully depriving a prisoner of war or
(6) a member of the religious personnel other protected person of the rights of fair
who is exclusively engaged in the work of and regular trial;
their ministry and attached to the armed
forces of a party to the conflict, its medical (6) Arbitrary deportation or forcible transfer
units or medical transports, or non- of population or unlawful confinement;
denominational, noncombatant military
personnel carrying out functions similar to (7) Taking of hostages;
religious personnel.
(8) Compelling a prisoner a prisoner of war
(r) " Superior" means: or other protected person to serve in the
forces of a hostile power; and
(1) a military commander or a person
effectively acting as a military commander; (9) Unjustifiable delay in the repatriation of
or prisoners of war or other protected
persons.
(2) any other superior, in as much as the
crimes arose from activities within the (b) In case of a non-international armed conflict,
effective authority and control of that serious violations of common Article 3 to the four (4)
superior. Geneva Conventions of 12 August 1949, namely , any
of the following acts committed against persons
(s) "Torture" means the intentional infliction of taking no active part in the hostilities, including
severe pain or suffering, whether physical, mental, or member of the armed forces who have laid down
psychological, upon a person in the custody or under their arms and those placed hors de combat by
the control of the accused; except that torture shall sickness, wounds, detention or any other cause;
not include pain or suffering arising only from,
inherent in or incidental to, lawful sanctions. (1) Violence to life and person, in particular,
willful killings, mutilation, cruel treatment
(t) "Works and installations containing dangerous and torture;
forces" means works and installations the attack of
which may cause the release of dangerous forces (2) Committing outrages upon personal
and consequent severe losses among the civilian dignity, in particular, humiliating and
population, namely: dams, dikes, and nuclear, degrading treatment;
electrical generation stations.
(3) Taking of hostages; and
CHAPTER III
CRIMES AGAINST INTERNATIONAL HUMANITARIAN LAW,
(4) The passing of sentences and the
GENOCIDE AND OTHER CRIMES AGAINST HUMANITY
carrying out of executions without previous
judgment pronounced by a regularly
Section 4. War Crimes. - For the purpose of this Act, "war constituted court, affording all judicial
crimes" or "crimes against Interntional Human Humanitarian guarantees which are generally recognized
Law" means: as indispensable.
(a) In case of an international armed conflict , grave (c) Other serious violations of the laws and customs
breaches of the Geneva Conventions of 12 August applicable in armed conflict, within the established
1949, namely, any of the following acts against framework of international law, namely:
persons or property protected under provisions of
the relevant Geneva Convention:
(1) Internationally directing attacks against
the civilian population as such or against
(1) Willful killing; individual civilians not taking direct part in
hostilities;
(2) Torture or inhuman treatment, including
biological experiments; (2) Intentionally directing attacks against
civilian objects, that is, object which are not
(3) Willfully causing great suffering, or military objectives;
serious injury to body or health;
(3) Intentionally directing attacks against
buildings, material, medical units and
transport, and personnel using the (11) Subjecting persons who are in the
distinctive emblems of the Geneva power of an adverse party to physical
Conventions or Additional Protocol III in mutilation or to medical or scientific
conformity with intentional law; experiments of any kind, or to removal of
tissue or organs for transplantation, which
(4) Intentionally directing attacks against are neither justified by the medical, dental
personnel, installations, material, units or or hospital treatment of the person
vehicles involved in a humanitarian concerned nor carried out in his/her
assistance or peacekeeping mission in interest, and which cause death to or
accordance with the Charter of the United seriously endanger the health of such
Nations, as ling as they are entitled to the person or persons;
protection given to civilians or civilian
objects under the international law of (12) Killing, wounding or capturing an
armed conflict; adversary by resort to perfidy;
(5) Launching an attack in the knowledge (13) Declaring that no quarter will be given;
that such attack will cause incidental loss of
life or injury to civilians or damage to (14) Destroying or seizing the enemy's
civilian objects or widespread, long-term property unless such destruction or seizure
and severe damage to the natural is imperatively demanded by the necessities
environment which would be excessive in of war;
relation to the concrete and direct military
advantage anticipated; (15) Pillaging a town or place, even when
taken by assault;
(6) Launching an attack against works or
installations containing dangerous forces in (16) Ordering the displacements of the
the knowledge that such attack will cause civilian population for reasons related to the
excessive loss of life, injury to civilians or conflict, unless the security of the civilians
damage to civilian objects, and causing involved or imperative military reasons so
death or serious injury to body or health . demand;
(22) In an international armed conflict, (2) Causing serious bodily or mental harm to
compelling the nationals of the hostile party members of the group;
to take part in the operations of war
directed against their own country, even if (3) Deliberately inflicting on the group
they were in the belligerent's service before conditions of life calculated to bring about
the commencement of the war; its physical destruction in whole or in part;
Any person found guilty of committing any of the acts involves the commission of a crime
specified herein shall suffer the penalty provided under defined in this Act; or
Section 7 of this Act.
(ii) be made in the knowledge of
CHAPTER IV the intention of the group to
PENAL PROVISIONS commit the crime.
Section 7. Penalties. - Any person found guilty of committing (b) A person shall be criminally liable as accomplice
any of the acts provided under Sections 4, 5 and 6 of this Act for facilitating the commission of a crime defined
shall suffer the penalty of reclusion temporal in its medium to and penalized in this Act if he/she aids, abets or
maximum period and a fine ranging from One hundred otherwise assists in its commission or attempted
thousand pesos (Php 100,000.00) to Five hundred thousand commission, including providing the means for its
pesos (Php 500,000.00). commission.
When justified by the extreme gravity of the crime, especially (c) A person shall be criminally liable for a crime
where the commision of any of the crimes specified herein defined and penalized in this Act if he/she attempts
results in death or serious physical injury, or constitutes rape, to commit such a crime by taking action that
and considering the individual circumstances of the accused, commences its execution by means of a substantial
the penalty of reclusion perpetua and a fine ranging from Five step, but the crime does not occur because of
hundred thousand pesos (Php 500,000.00) to One million circumstances independent of the person's
pesos (Php 1,000,000.00) shall be imposed. intention. However, a person who abandons the
effort to commit the crime or otherwise prevents the
Any person found guilty of inciting others to commit genocide completion of the crime shall not be liable for
referred to in Section 5(b) of this Act shall suffer the penalty punishment under this Act for the attempt to
of prision mayor in its minimum period and a fine ranging commit the same if he/she completely and
from Ten thousand pesos (Php 10,000.00) to Twenty voluntarily gave up the criminal purpose.
thousand pesos (Php 20,000.00).
Section 9. Irrelevance of Official Capacity. - This Act shall
In addition, the court shall order the forfeiture of proceeds, apply equally to all persons without any distinction based on
property and assets derived, directly or indirectly, from that official capacity. In particular, official capacity as a head of
crime, without prejudice to the rights of bona fide third (3rd) state or government, a member of a government or
parties. The court shall also impose the corresponding parliament, an elected representative or a government official
accessory penalties under the Revised Penal Code, especially shall in no case exempt a person from criminal responsibility
where the offender is a public officer. under this Act, nor shall it, in and of itself, constitute a ground
for reduction of sentence. However:
CHAPTER V
SOME PRINCIPLES OF CRIMINAL LIABILITY (a) Immunities or special procedural rules that may
be attached to the official capacity of a person under
Section 8. Individual Criminal Responsibilities. - (a) In addition Philippine law other than the established
to existing provisions in Philippine law on principles of constitutional immunity from suit of the Philippine
criminal responsibility, a person shall be criminally liable as President during his/her tenure, shall not bar the
principal for a crime defined and penalized in this Act if court from exercising jurisdiction over such a person;
he/she: and
(1) Commits such a crime, whether as an (b) Immunities that may be attached to the official
individual, jointly with another or through capacity of a person under international law may
another person, regardless of whether that limit the application of this Act, nut only within the
other person is criminally responsible; bounds established under international law.
(2) Orders, solicits or induces the Section 10. Responsibility of Superiors. - In addition to other
commission of such a crime which in fact grounds of criminal responsibility for crimes defined and
occurs or is attempted; 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,
(3) In any other way contributes to the
or effective authority and control as the case may be, as a
commission or attempted commission of
result of his/her failure to properly exercise control over such
such a crime by a group of person acting
subordinates, where:
with a common purpose. Such contribution
shall be intentional and shall either:
(a) That superior either knew or, owing to the
circumstances at the time, should have known that
(i) be made with the aim of
the subordinates were committing or about to
furthering the criminal activity or
commit such crimes;
criminal purpose of the group,
where such activity or purpose
(b) That superior failed to take all necessary and (c) Where the personal interests of the victims are
reasonable measures within his/her power to affected, the court shall permit their views and
prevent or repress their commission or to submit the concerns to be presented and considered at stages
matter to the competent authorities for investigation of the proceedings determined to be appropriate by
and prosecution. the court in manner which is not prejudicial to or
inconsistent with the rights of the accused and a fair
Section 11. Non-prescription. - The crimes defined and and impartial trial. Such views and concerns may be
penalized under this Act, their prosecution, and the execution presented by the legal representatives of the victims
of sentences imposed on their account, shall not be subject to where the court considers it appropriate in
any prescription. accordance with the established rules of procedure
and evidence; and
Section 12. Orders from a Superior. - The fact that a crime
defined and penalized under this Act has been committed by (d) Where the disclosure of evidence or information
a person pursuant to an order of a government or a superior, pursuant to this Act may lead to the grave
whether military or civilian, shall not relieve that person of endangerment of the security of a witness for
criminal responsibility unless all of the following elements his/her family, the prosecution may, for the purposes
occur: of any proceedings conducted prior to the
commencement of the trial, withhold such evidence
(a) The person was under a legal obligation to obey or information and instead submit a summary
orders of the government or the superior in thereof. Such measures shall be exercised in a
question; manner which is not prejudicial to or inconsistent
with the rights of the accused and to a fair and
impartial trial.
(b) The person did not know that the order was
unlawful; and
Section 14. Reparations to Victims. - In addition to existing
provisions in Philippine law and procedural rules for
(c) The order was not manifestly unlawful.
reparations to victims, the following measures shall be
undertaken:
For the purposes of this section, orders to commit genocide
or other crimes against humanity are manifestly unlawful.
(a) The court shall follow the principles relating to
the reparations to, or in respect of, victims,including
CHAPTER VI restitution, compensation and rehabilitation. On this
Protection of Victims and Witnesses basis, in its decision, the court may, wither upon
request or on its own motion in exceptional
Section 13. Protection of Victims and Witnesses. - In addition circumstances, determine the scope and extent of
to existing provisions in Philippine law for the protection of any damage, loss and injury to, or in respect of,
victims and witnesses, the following measures shall be victims and state the principles on which it is
undertaken: acting;1avvphi1
(a) The Philippine court shall take appropriate (b) The court may make an order directly against a
measures to protect the safety, physical and convicted person specifying appropriate reparations
physiological well-being, dignity and privacy of to, or in respect of, victims, including restitution,
victims and witnesses. In so doing, the court shall compensation and rehabilitation; and
have regard of all relevant factors, including age,
gender and health, and the nature of the crime, in (c) Before making an order under this section, the
particular, but not limited to, where the crime court may invite and shall take account of
involves sexual or gender violence or violence representations from or on behalf of the convicted
against children. The prosecutor shall take such person, victims or other interested persons.
measures particularly during the investigation and
prosecution of such crimes. These measures shall
Nothing in this section shall be interpreted as prejudicing the
not be prejudicial to or inconsistent with the rights of
rights of victims under national or international law.
the accused and to a fair and impartial trial;
CHAPTER VII
(b) As an exception to the general principle of public
Applicability of International Law and Other Laws
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 Section 15. Applicability of International Law.- In the
evidence by electronic or other special means. In application and interpretation of this Act, Philippine courts
particular, such measures shall be implemented in shall be guided by the following sources:
the case of the victim of sexual violence or a child
who is a victim or is a witness, unless otherwise (a) The 1948 Genocide Convention;
ordered by the court, having regard to all the
circumstances, particularly the views of the victim or (b) The 1949 Genava Conventions I-IV, their 1977
witness; Additional Protocols I and II and their 2005
Additional Protocol III;
(c) The 1954 Hague Convention for the Protection of of the same offense and acquitted, or having been convicted,
Cultural Property in the Event of Armed Conflict, its already served their sentence.
First Protocol and its 1999 Second Protocol;
Section 18. Philippine Court, Prosecutors and Investigators. -
(d) The 1989 Convention on the Rights of the Child The Regional Trial Court of the Philippines shall have original
and its 2000 Optional Protocol on the Involvement of and exclusive jurisdiction over the crimes punishable under
Children in Armed Conflict; this Act. Their judgments may be appealed or elevated to the
Court of Appeals and to the Supreme Court as provided by
(e) The rules and principles of customary law.
international law;
The Supreme Court shall designate special courts to try cases
(f) The judicial decisions of international courts and involving crimes punishable under this Act. For these cases,
tribunals; the Commission on Human Rights, the Department of Justice,
the Philippine National Police or other concerned law
(g) Relevant and applicable international human enforcement agencies shall designate prosecutors or
rights instruments; investigators as the case may be.
(h) Other relevant international treaties and The State shall ensure that judges, prosecutors and
conventions ratified or acceded to by the Republic of investigators, especially those designated for purposes of this
the Philippines; and Act, receive effective training in human rights, International
Humanitarian Law and International Criminal Law.
(i) Teachings of the most highly qualified publicists
and authoritative commentaries on the foregoing CHAPTER IX
sources as subsidiary means for the determination of FINAL PROVISIONS
rules of international law.
Section 19. Separability Clause. - If, for any reason or reasons,
Section 16. Suppletory Application of the Revised Penal Code any part or provision of this Statute shall be held to be
and Other General or Special Laws. - The provisions of the unconstitutional or invalid, other parts or provisions hereof
Revised Penal Code and other general or special laws shall which are not affected thereby shall continue to be in full
have a suppletory application to the provisions of this Act. force and effect.
CHAPTER VII Section 20. Repealing Clause. - All laws, presidential decrees
JURISDICTION and issuances, executive orders, rules and regulations or parts
thereof inconsistent with the provisions of this Statute are
hereby repealed or modified accordingly.
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, Section 21. Effectivity. - This Act shall take effect fifteen (15)
regardless of where the crime is committed, provided, any days after its complete publication in the Official Gazette or in
one of the following conditions is met: two (2) newspapers general circulation.