Title I – Crimes Against National Security and the Law of
Nations imprisonment for not more than thirty years, if it is in time of war.
ESPIONAGE
AN ACT TO PUNISH ESPIONAGE AND OTHER OFFENSES
AGAINST THE NATIONAL SECURITY
COMMONWEALTH ACT NO. 616
Approved: June 4, 1941
SECTION 1. Unlawfully obtaining or permitting to be obtained
information affecting national defense. — (a) Whoever, for the purposes
of obtaining information respecting the national defense with intent or
reason to believe that the information to be obtained is to be used to
the injury of the Philippines or of the United States, or to the advantage
of any foreign nation, goes upon, enters, flies over, or otherwise obtains
information concerning any vessel, aircraft, work of defense, navy yard,
naval station, submarine base, coaling station, fort, battery, torpedo
station, dockyard, canal, railroad, arsenal, camp, factory, mine,
telegraph, telephone, wireless, or signal station, building, office, or other
place connected with the national defense, owned or constructed, or in
progress of construction by the Philippines or by the United States or
under the control of the Philippines or of the United States, or any of its
officers or agents, or within the exclusive jurisdiction of the Philippines
or of the United States, or any place in which any vessel, aircraft, arms,
munitions, or other materials or instruments for the use in time of war
are being made, prepared, repaired, or stored, under any contract or
agreement with the Philippines or the United States, or with any person
on behalf of the Philippines or the United States, or otherwise on behalf
of the Philippines or the United States, or any prohibited place within
the meaning of section six hereof; or
(b) Whoever, for the purpose aforesaid, and with like intent or reason
to believe, copies, takes, makes, or obtains, or attempts, or induces or
aids another to copy, take, make, or obtain, any sketch, photograph,
photographic negative, blue print, plan, map, model, instrument,
appliance, document, writing, or note of anything connected with the
national defense; or
(c) Whoever, for the purpose aforesaid, receives or obtains or agrees or
attempts or induces or aids another to receive or obtain from any
person, or from any source whatever, any document, writing, code
book, signal book, sketch, photograph, photographic negative, blue
print, plan, map, model, instrument, appliance, or note of anything
connected with the national defense, knowing or having reason to
believe, at the time he receives or obtains, or agrees or attempts or
induces or aids another to receive or obtain it, that it has been or will
be obtained, taken, made, or disposed of by any person contrary to the
provisions of this Act; or
(d) Whoever, lawfully or unlawfully having possession of, access to,
control over, or being intrusted with any document, writing, code book,
signal book, sketch, photograph, photographic negative, blue print,
plan, map, model, instrument, appliance, or note relating to the national
defense, wilfully communicates or transmits or attempts to
communicate or transmit the same to any person not entitled to receive
it, or wilfully retains the same and fails to deliver it on demand to the
officer or employee of the Philippines or of the United States entitled to
receive it; or
(e) Whoever, being intrusted with or having lawful possession or control
of any document, writing, code book, signal book, sketch, photograph,
photographic negative, blue print, plan, map, model, note or
information, relating to the national defense, through gross negligence
permits the same to be removed from its proper place of custody or
delivered to anyone in violation of this trust or to be lost, stolen,
abstracted, or destroyed, shall be punished by imprisonment for not
more than ten years and may, in addition thereto, be fined not more
than ten thousand pesos.
SECTION 2. Unlawful disclosing information affecting national defense.
— (a) Whoever, with the intent or reason to believe that it is to be used
to the injury of the Philippines or of the United States or to the
advantage of a foreign nation, communicates, delivers, or transmits, or
attempts to, or aids or induces another to, communicate, deliver, or
transmit to any foreign government, or any faction or party or military
or naval force within a foreign country, whether recognized or
unrecognized by the Philippines or by the United States, or to any
representative, officer, agent, employee, subject, or citizen thereof,
either directly or indirectly, any document, writing, code book, signal
book, sketch, photograph, photographic negative, blue print, plan, map,
model, instrument, appliance, or information relating to the national
defense, shall be punished by imprisonment for not more than twenty
years, if the offense is committed in time of peace, or by death or
(b) Whoever, in time of war with intent that the same shall be
communicated to the enemy, shall collect, record, publish, or
communicate, or attempt to elicit any information with respect to the
movement, number, description, condition, or disposition of any of the
armed forces, ships, aircraft, or war materials of the Philippines or of
the United States, or with respect to the plans or conduct, or supposed
plans or conduct of any military, naval, or air operations, or with respect
to any works or measures undertaken for or connected with, or intended
for the fortification or defense of any place, or any other information
relating to the public defense which might be useful to the enemy, shall
be punished by death or by imprisonment for not more than thirty years.
SECTION 3. Disloyal acts or works in time of peace. — It shall be
unlawful for any person, with intent to interfere with, impair, or influence
the loyalty, morale, or discipline of the military, naval, or air forces of
the Philippines or of the United States: (a) to advise, counsel, urge, or
in any manner cause insubordination, disloyalty, mutiny, or refusal of
duty by any member of the military, naval, or air forces of the Philippines
or of the United States; or (b) to distribute any written or printed matter
which advises, counsels, or urges insubordination, disloyalty, mutiny, or
refusal of duty by any member of the military, naval, or air forces of the
Philippines or of the United States. The violation of this section shall be
punished by imprisonment for not more than ten years, or by fine not
more than ten thousand pesos, or both.
SECTION 4. Disloyal acts or words in time of war. — Whoever, when the
Philippines or the United States is at war, shall wilfully make or convey
false reports or false statements with the intent to interfere with the
operation or success of the military, naval, or air forces of the Philippines
or of the United States or to promote the success of its enemies shall
wilfully cause or attempt to cause insubordination, disloyalty, mutiny, or
refusal of duty, in the military, naval, or air forces of the Philippines or
the United States, or shall wilfully obstruct the recruiting or enlistment
service of the Philippines or of the United States, to the injury of the
service of the Philippines or of the United States, shall be punished by
imprisonment for not more than twenty years, or by a fine of not more
than twenty thousand pesos, or both.
SECTION 5. Conspiracy to violate preceding sections. — If two or more
persons conspire to violate the provisions of sections one, two, three, or
four of this Act, and one or more of such persons does any act to effect
the object of the conspiracy, each of the parties to such conspiracy shall
be punished as in said sections provided in the case of the doing of the
act the accomplishment of which is the object of such conspiracy.
SECTION 6. Harboring or concealing violators of the law. — Whoever
harbors or conceals any person who he knows, or has reasonable ground
to believe or suspect, has committed, or is about to commit, an offense
under this Act, shall be punished by imprisonment of not more than ten
years and may, in addition thereto, be fined not more than ten thousand
pesos.
SECTION 7. Designation of prohibited places by proclamation. — The
President of the Philippines in time of war or in case of national
emergency may by proclamation designate any place other than those
set forth in subsection (a) of section one hereof in which anything for
the use of the army, navy, or air forces are being prepared or
constructed or stored as a prohibited place for the purpose of this Act:
Provided, That he shall determine that information with respect thereto
would be prejudicial to the national defense.
SECTION 8. Photographing, etc., defensive installations regulated;
penalties. — Whenever, in the interests of national defense, the
President of the Philippines shall define certain vital military, naval, or
air installations or equipment as requiring protection against the general
dissemination of information relative thereto, it shall be unlawful to
make any photograph, sketch, picture, drawing, map, or graphical
representation of such vital military, naval, and air installations or
equipment without first obtaining permission of the commanding officer
of the military, naval, or air post, camp, or station concerned, or higher
authority, and promptly submitting the product obtained to such
commanding officer or higher authority for censorship or such other
action as he may deem necessary. Any person found guilty of a violation
of this section shall be punished by imprisonment for not more than one
year, or by a fine of not more than two thousand pesos, or both.
SECTION 9. Photographing, etc., from aircraft. — Any person who uses
or permits or procures the use of an aircraft for the purpose of making
a photograph, sketch, picture, drawing, map, or graphical
representation of vital military, naval or air installations or equipment,
CRIMINAL LAW 2 SPECIAL LAWS | 1
in violation of section eight of this Act, shall be liable to the penalty
therein provided.
SECTION 10. Reproducing, publishing, selling, etc., uncensored copies.
— After the President of the Philippines shall have defined any vital
military, naval, or air installation or equipment as being within the
category contemplated under section eight of this Act, it shall be
unlawful for any person to reproduce, publish, sell, or give away any
photograph, sketch, picture, drawing, map or graphical representation
of the vital military, naval, or air installations or equipment so defined,
without first obtaining permission of the commanding officer of the
military, naval, or air post, camp, or station concerned, or higher
authority, unless such photograph, sketch, picture, drawing, map, or
graphical representation has clearly indicated thereon that it has been
censored by the proper military, naval, or air authority. Any person
found guilty of a violation of this section shall be punished as provided
in section eight of this Act.
SECTION 11. Destroying or injuring or attempting to injure or destroy
war material in time of war. — When the Philippines or the United States
is at war, whoever, with intent to injure, interfere with, or obstruct the
Philippines or the United States or any associate nation in preparing for
or carrying on the war, or whoever, with reason to believe that his act
may injure, interfere with, or obstruct the Philippines or the United
States or any associate nation in preparing for or carrying on the war,
shall wilfully injure or destroy, or shall attempt to so injure or destroy,
any war material, war premises, or war utilities, as herein defined, shall
be imprisoned not more than thirty years or be fined not more than
thirty thousand pesos, or both.
SECTION 12. Making or causing war material to be made in defective
manner. — When the Philippines or the United States is at war, whoever,
with intent to injure, interfere with, or obstruct the Philippines or the
United States or any associate nation in preparing for or carrying on the
war, or whoever, with reason to believe that his act may injure, interfere
with, or obstruct the Philippines or the United States or any associate
nation in preparing for or carrying on the war, shall wilfully make or
cause to be made in a defective manner, or attempt to make or cause
to be made in a defective manner, any war material, as herein defined,
or any tool, implement, machine, utensil, or receptacle used or
employed in making, producing, manufacturing, or repairing any such
war material, as herein defined, shall be imprisoned not more than thirty
years or be fined not more than thirty thousand pesos, or both.
SECTION 13. Injuring or destroying national defense material, premises,
or utilities. — Whoever, with intent to injure, interfere with, or obstruct
the national defense of the Philippines or the United States shall wilfully
injure or destroy, or shall attempt to so injure or destroy, any national
defense material, national defense premises, or national defense
utilities, as herein provided, shall be imprisoned not more than ten years
or be fined not more than ten thousand pesos, or both.
SECTION 14. Making or causing to be made in a defective manner, or
attempting to make or cause to be made in a defective manner, national
defense material. — Whoever, with intent to injure, interfere with, or
obstruct the national defense of the Philippines or of the United States,
shall wilfully make or cause to be made in a defective manner, or
attempt to make or cause to be made in a defective manner, any
national defense material, as herein defined, or any tool, implement,
machine, utensil, or receptacle used or employed in making, producing,
manufacturing, or repairing any such national defense material, as
herein defined, shall be imprisoned not more than ten years, or fined
not more than ten thousand pesos, or both.
SECTION 15. Definition of terms. — The term “aircraft” as used in this
Act means any contrivance known or hereafter invented, used, or
designed for navigation or flight in the air. The expression “post, camp,
or station” as used in this Act shall be interpreted to include naval
vessels, military and naval aircraft, and any separate military, naval or
air command.
The words “war or national defense material” as used herein shall
include arms, armament, ammunition, livestock, stores of clothing,
food, foodstuffs, or fuel; and shall also include supplies, munitions, and
all other articles of whatever description, and any part or ingredient
thereof, intended for, adapted to, or suitable for the use of the
Philippines or the United States, or any associate nation, in connection
with the conduct of war or national defense.
The words “war or national defense premises,” as used herein, shall
include all buildings, grounds, mines, or other places wherein such war
or national defense material is being produced, manufactured, repaired,
stored, mined, extracted, distributed, loaded, unloaded, or transported,
together with all machinery and appliances therein contained; and all
ports, arsenals, navy yards, prisons, camps, or other military, naval, or
air stations of the Philippines or the United States or any associate
nation.
The words “war or national defense utilities,” as used herein, shall
include all railroads, railways, electric lines, roads of whatever
description, railroad or railway fixture, canal, lock, dam, wharf, pier,
dock, bridge, building, structure, engine, machine, mechanical
contrivance, car, vehicle, boat, or aircraft, or any other means of
transportation whatsoever, whereon or whereby such war or national
defense material or any troops of the Philippines or of the United States,
or of any associate nation, are being or may be transported either within
the limits of the Philippines or the United States or upon the high seas;
and all dams, reservoirs, aqueducts, water and gas mains, oil or gasoline
stations, pipes, structures, and buildings, whereby or in connection with
which water, or gas, or oil, or gasoline, or other fluid is being furnished,
or may be furnished, to any war or national defense premises or to the
military, naval, or air forces of the Philippines or the United States, or
any associate nation, and all electric light and power, steam or
pneumatic power, telephone, and telegraph plants, poles, wires, and
fixtures and wireless stations, and the buildings connected with the
maintenance and operation thereof used to supply water, light, heat,
gas, oil, gasoline, fluid, power, or facilities of communication to any war
or national defense premises or to the military, naval, or air forces of
the Philippines or of the United States, or any associate nation.
The words “associate nation,” as used in this chapter, shall be deemed
to mean any nation at war with any nation with which the Philippines or
the United States is at war.
The words “foreign government,” as used in this Act, shall be deemed
to include any government, faction, or body of insurgents within a
country with which the Philippines or United States is at peace, which
government, faction, or body of insurgents may or may not have been
recognized by the Philippines or the United States as a government.
SECTION 16. This Act shall take effect upon its approval.
HIJACKING
AN ACT PROHIBITING CERTAIN ACTS INIMICAL TO CIVIL
AVIATION, AND FOR OTHER PURPOSES
REPUBLIC ACT No. 6235
Approved: June 19, 1971
Section 1. It shall be unlawful for any person to compel a change in the
course or destination of an aircraft of Philippine registry, or to seize or
usurp the control thereof, while it is in flight. An aircraft is in flight from
the moment all its external doors are closed following embarkation until
any of such doors is opened for disembarkation.
It shall likewise be unlawful for any person to compel an aircraft of
foreign registry to land in Philippine territory or to seize or usurp the
control thereof while it is within the said territory.
Section 2. Any person violating any provision of the foregoing section
shall be punished by an imprisonment of not less than twelve years but
not more than twenty years, or by a fine of not less than twenty
thousand pesos but not more than forty thousand pesos.
The penalty of imprisonment of fifteen years to death, or a fine of not
less than twenty-five thousand pesos but not more than fifty thousand
pesos shall be imposed upon any person committing such violation
under any of the following circumstances:
1. Whenever he has fired upon the pilot, member of the crew or
passenger of the aircraft;
2. Whenever he has exploded or attempted to explode any bomb or
explosive to destroy the aircraft; or
3. Whenever the crime is accompanied by murder, homicide, serious
physical injuries or rape.
Section 3. It shall be unlawful for any person, natural or juridical, to
ship, load or carry in any passenger aircraft operating as a public utility
within the Philippines, and explosive, flammable, corrosive or poisonous
substance or material.
Section 4. The shipping, loading or carrying of any substance or
material mentioned in the preceding section in any cargo aircraft
operating as a public utility within the Philippines shall be in accordance
with regulations issued by the Civil Aeronautics Administration.
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Section 5. As used in this Act:
(1) "Explosive" shall mean any substance, either solid or liquid, mixture
or single compound, which by chemical reaction liberates heat and gas
at high speed and causes tremendous pressure resulting in explosion.
The term shall include but not limited to dynamites, firecrackers,
blasting caps, black powders, bursters, percussions, cartridges and
other explosive materials, except bullets for firearm.
(2) "Flammable" is any substance or material that is highly combustible
and self-igniting by chemical reaction and shall include but not limited
to acrolein, allene, aluminum dyethyl monochloride, and other
aluminum compounds, ammonium chlorate and other ammonium
mixtures and other similar substances or materials.
(3) "Corrosive" is any substance or material, either liquid, solid or
gaseous, which through chemical reaction wears away, impairs or
consumes any object. It shall include but not limited to alkaline battery
fluid packed with empty storage battery, allyl chloroformate,
allytrichlorosilane, ammonium dinitro-orthocresolate and other similar
materials and substances.
(4) "Poisonous" is any substance or materials, except medicinal drug,
either liquid, solid or gaseous, which through chemical reactions kills,
injuries or impairs a living organism or person, and shall include but not
limited to allyl isothiocyanate, ammunition (chemical, non-explosive but
containing Class A, B or poison), aniline oil, arsine, bromobenzyle
cyanide, bromoacetone and other similar substances or materials.
Section 6. Any violation of Section three hereof shall be punishable by
an imprisonment of at least five years but not more than ten years or
by a fine of not less than ten thousand pesos but not more than twenty
thousand pesos: Provided, That if the violation is committed by a
juridical person, the penalty shall be imposed upon the manager,
representative, director, agent or employee who violated, or caused,
directed, cooperated or participated in the violation thereof: Provided,
further, That in case the violation is committed in the interest of a
foreign corporation legally doing business in the Philippines, the penalty
shall be imposed upon its resident agent, manager, representative or
director responsible for such violation and in addition thereto, the license
of said corporation to do business in the Philippines shall be revoked.
Any violation of Section four hereof shall be an offense punishable with
the minimum of the penalty provided in the next preceding paragraph.
Section 7. For any death or injury to persons or damage to property
resulting from a violation of Sections three and four hereof, the person
responsible therefor may be held liable in accordance with the applicable
provisions of the Revised Penal Code.
Section 8. Aircraft companies which operate as public utilities or
operators of aircraft which are for hire are authorized to open and
investigate suspicious packages and cargoes in the presence of the
owner or shipper, or his authorized representatives if present; in order
to help the authorities in the enforcement of the provisions of this Act:
Provided, That if the owner, shipper or his representative refuses to have
the same opened and inspected, the airline or air carrier is authorized
to refuse the loading thereof.
Section 9. Every ticket issued to a passenger by the airline or air carrier
concerned shall contain among others the following condition printed
thereon: "Holder hereof and his hand-carried luggage(s) are subject to
search for, and seizure of, prohibited materials or substances. Holder
refusing to be searched shall not be allowed to board the aircraft," which
shall constitute a part of the contract between the passenger and the air
carrier.
Section 10. The Civil Aeronautics Administration is hereby directed to
promulgate within one month after the approval of this Act such
regulations as are provided in Section four hereof and cause the
publication of such rules and regulations in the Official Gazette and in a
newspaper of national circulation for at least once a week for three
consecutive weeks. Such regulations shall take effect fifteen days after
publication in the Official Gazette.
Section 11. This Act shall take effect after the publication mentioned in
the preceding section.
TERRORISM
AN ACT TO PREVENT, PROHIBIT AND PENALIZE TERRORISM,
THEREBY REPEALING REPUBLIC ACT NO. 9372, OTHERWISE
KNOWN AS THE “HUMAN SECURITY ACT OF 2007”
REPUBLIC ACT NO. 11479
AN ACT DEFINING THE CRIME OF FINANCING OF TERRORISM,
PROVIDING PENALTIES THEREFOR AND FOR OTHER PURPOSES
REPUBLIC ACT NO. 10168
Approved: June 18, 2012
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 Terrorism
Financing Prevention and Suppression Act of 2012”.
SEC. 2. Declaration of Policy. – It is the policy of the State to protect
life, liberty, and property from acts of terrorism and to condemn
terrorism and those who support and finance it and to recognize it as
inimical and dangerous to national security and the welfare of the
people, and to make the financing of terrorism a crime against the
Filipino people, against humanity, and against the law of nations.
The State, likewise, recognizes and adheres to international
commitments to combat the financing of terrorism, specifically to the
International Convention for the Suppression of the Financing of
Terrorism, as well as other binding terrorism-related resolutions of the
United Nations Security Council pursuant to Chapter 7 of the Charter of
the United Nations (UN).
Toward this end, the State shall reinforce its fight against terrorism by
criminalizing the financing of terrorism and related offenses, and by
preventing and suppressing the commission of said offenses through
freezing and forfeiture of properties or funds while protecting human
rights.
SEC. 3. Definition of Terms. – As used in this Act:
(a) Anti-Money Laundering Council (AMLC) refers to the Council created
by virtue of Republic Act No. 9160, as amended, otherwise known as
the “Anti-Money Laundering Act of 2001, as amended”.
(b) Anti-Terrorism Council (ATC) refers to the Council created by, virtue
of Republic Act No. 9372, otherwise known as the “Human Security Act
of 2007”.
(c) Covered institutions refer to or shall have the same meaning as
defined under the Anti-Money Laundering Act (AMLA), as amended.
(d) Dealing, with regard to property or funds refers to receipt,
acquisition, transacting, representing, concealing, disposing or
converting, transferring or moving, use as security of or providing
financial services.
(e) Designated persons refers to:
(1) any person or entity designated and/or identified as a terrorist, one
who finances terrorism, or a terrorist organization or group under the
applicable United Nations Security Council Resolution or by another
jurisdiction or supranational jurisdiction;
(2) any organization, association, or group of persons proscribed
pursuant to Section 17 of the Human Security Act of 2007; or
(3) any person, organization, association, or group of persons whose
funds or property, based on probable cause are subject to seizure and
sequestration under Section 39 of the Human Security Act of 2007.
(f) Forfeiture refers to a court order transferring in favor of the
government, after due process, ownership of property or funds
representing, involving, or relating to financing of terrorism as defined
in Section 4 or an offense under Sections 5, 6, 7, 8, or 9 of this Act.
(g) Freeze refers to the blocking or restraining of specific property or
funds from being transacted, converted, concealed, moved or disposed
without affecting the ownership thereof.
(h) Property or funds refer to financial assets, property of every kind,
whether tangible or intangible, movable or immovable, however
acquired, and legal documents or instruments in any form, including
electronic or digital, evidencing title to, or interest in, such funds or other
assets, including, but not limited to, bank credits, travellers cheques,
bank cheques, money orders, shares, securities, bonds, drafts, or letters
of credit, and any interest, dividends or other income on or value
accruing from or generated by such funds or other assets.
(i) Terrorist refers to any natural person who: (1) commits, or attempts,
or conspires to commit terrorist acts by any means, directly or indirectly,
unlawfully and willfully; (2) participates, as a principal or as an
accomplice, in terrorist acts; (3) organizes or directs others to commit
terrorist acts; or (4) contributes to the commission of terrorist acts by
CRIMINAL LAW 2 SPECIAL LAWS | 3
a group of persons acting with a common purpose where the
contribution is made intentionally and with the aim of furthering the
terrorist act or with the knowledge of the intention of the group to
commit a terrorist act.
(j) Terrorist acts refer to the following:
(1) Any act in violation of Section 3 or Section 4 of the Human Security
Act of 2007;
(2) Any other act intended to cause death or serious bodily injury to a
civilian, or to any other person not taking an active part in the hostilities
in a situation of armed conflict, when the purpose of such act, by its
nature or context, is to intimidate a population, or to compel a
government or an international organization to do or to abstain from
doing any act;
(3) Any act which constitutes an offense under this Act, that is within
the scope of any of the following treaties of which the Republic of the
Philippines is a State party:
(a) Convention for the Suppression of Unlawful Seizure of Aircraft, done
at The Hague on 16 December 1970;
(b) Convention for the Suppression of Unlawful Acts against the Safety
of Civil Aviation, done at Montreal on 23 September 1971;
(c) Convention on the Prevention and Punishment of Crimes against
Internationally Protected Persons, including Diplomatic Agents, adopted
by the General Assembly of the United Nations on 14 December 1973;
(d) International Convention against the Taking of Hostages, adopted
by the General Assembly of the United Nations on 17 December 1979;
(e) Convention on the Physical Protection of Nuclear Material, adopted
at Vienna on 3 March 1980;
(f) Protocol for the Suppression of Unlawful Acts of Violence at Airports
Serving International Civil Aviation, supplementary to the Convention
for the Suppression of Unlawful Acts against the Safety of Civil Aviation,
done at Montreal on 24 February 1988;
(g) Convention for the Suppression of Unlawful Acts against the Safety
of Maritime Navigation, done at Rome on 10 March 1988;
(h) Protocol for the Suppression of Unlawful Acts against the Safety of
Fixed Platforms located on the Continental Shelf, done at Rome on 10
March 1988; or
(i) International Convention for the Suppression of Terrorist Bombings,
adopted by the General Assembly of the United Nations on 15 December
1997.
(k) Terrorist organization, association or a group of persons refers to
any entity owned or controlled by any terrorist or group of terrorists
that: (1) commits, or attempts to commit, terrorist acts by any means,
directly or indirectly, unlawfully and willfully; (2) participates as an
accomplice in terrorist acts; (3) organizes or directs others to commit
terrorist acts; or (4) contributes to the commission of terrorist acts by
a group of persons acting with common purpose of furthering the
terrorist act where the contribution is made intentionally and with the
aim of furthering the terrorist act or with the knowledge of the intention
of the group to commit a terrorist act.
SEC. 4. Financing of Terrorism. – Any person who, directly or indirectly,
willfully and without lawful excuse, possesses, provides, collects or uses
property or funds or makes available property, funds or financial service
or other related services, by any means, with the unlawful and willful
intention that they should be used or with the knowledge that they are
to be used, in full or in part: (a) to carry out or facilitate the commission
of any terrorist act; (b) by a terrorist organization, association or group;
or (c) by an individual terrorist, shall be guilty of the crime of financing
of terrorism and shall suffer the penalty of reclusion temporal in its
maximum period to reclusion perpetua and a fine of not less than Five
hundred thousand pesos (Php500,000.00) nor more than One million
pesos (Php1,000,000.00).
Any person who organizes or directs others to commit financing of
terrorism under the immediately preceding paragraph shall likewise be
guilty of an offense and shall suffer the same penalty as herein
prescribed.
For purposes of this Act, knowledge or intent may be established by
direct evidence or inferred from the attendant circumstances.
For an act to constitute a crime under this Act, it shall not be necessary
that the funds were actually used to carry out a crime referred to in
Section 3(j).
SEC. 5. Attempt or Conspiracy to Commit the Crimes of Financing of
Terrorism and Dealing with Property or Funds of Designated Persons. –
Any attempt to commit any crime under Section 4 or Section 8 under
this Act shall be penalized by a penalty two degrees lower than that
prescribed for the commission of the same as provided under this Act.
Any conspiracy to commit any crime under Section 4 or Section 8 of this
Act shall be penalized by the same penalty prescribed for the
commission of such crime under the said sections.
There is conspiracy to commit the offenses punishable under Sections 4
and 8 of this Act when two (2) or more persons come to an agreement
concerning the commission of such offenses and decided to commit it.
SEC. 6. Accomplice. – Any person who, not being a principal under
Article 17 of the Revised Penal Code or a conspirator as defined in
Section 5 hereof, cooperates in the execution of either the crime of
financing of terrorism or conspiracy to commit the crime of financing of
terrorism by previous or simultaneous acts shall suffer the penalty one
degree lower than that prescribed for the conspirator.
SEC. 7. Accessory. – Any person who, having knowledge of the
commission of the crime of financing of terrorism but without having
participated therein as a principal, takes part subsequent to its
commission, by profiting from it or by assisting the principal or principals
to profit by the effects of the crime, or by concealing or destroying the
effects of the crime in order to prevent its discovery, or by harboring,
concealing or assisting in the escape of a principal of the crime shall be
guilty as an accessory to the crime of financing of terrorism and shall be
imposed a penalty two degrees lower than that prescribed for principals
in the crime of financing terrorism.
SEC. 8. Prohibition Against Dealing with Property or Funds of Designated
Persons. – Any person who, not being an accomplice under Section 6 or
accessory under Section 7 in relation to any property or fund: (i) deals
directly or indirectly, in any way and by any means, with any property
or fund that he knows or has reasonable ground to believe is owned or
controlled by a designated person, organization, association or group of
persons, including funds derived or generated from property or funds
owned or controlled, directly or indirectly, by a designated person,
organization, association or group of persons; or (ii) makes available
any property or funds, or financial services or other related services to
a designated and/or identified person, organization, association, or
group of persons, shall suffer the penalty of reclusion temporal in its
maximum period to reclusion perpetua and a fine of not less than Five
hundred thousand pesos (Php500,000.00) nor more than One million
pesos (Php1,000,000.00).
SEC. 9. Offense by a Juridical Person, Corporate Body or Alien. – If the
offender is a corporation, association, partnership or any juridical
person, the penalty shall be imposed upon the responsible officers, as
the case may be, who participated in, or allowed by their gross
negligence, the commission of the crime or who shall have knowingly
permitted or failed to prevent its commission. If the offender is a
juridical person, the court may suspend or revoke its license. If the
offender is an alien, the alien shall, in addition to the penalties herein
prescribed, be deported without further proceedings after serving the
penalties herein prescribed.
SEC. 10. Authority to Investigate Financing of Terrorism. – The AMLC,
either upon its own initiative or at the request of the ATC, is hereby
authorized to investigate: (a) any property or funds that are in any way
related to financing of terrorism or acts of terrorism; (b) property or
funds of any person or persons in relation to whom there is probable
cause to believe that such person or persons are committing or
attempting or conspiring to commit, or participating in or facilitating the
financing of terrorism or acts of terrorism as defined herein.
The AMLC may also enlist the assistance of any branch, department,
bureau, office, agency or instrumentality of the government, including
government-owned and -controlled corporations in undertaking
measures to counter the financing of terrorism, which may include the
use of its personnel, facilities and resources.
For purposes of this section and notwithstanding the provisions of
Republic Act No. 1405, otherwise known as the “Law on Secrecy of Bank
Deposits”, as amended; Republic Act No. 6426, otherwise known as the
“Foreign Currency Deposit Act of the Philippines”, as amended; Republic
Act No. 8791, otherwise known as “The General Banking Law of 2000”
and other laws, the AMLC is hereby authorized to inquire into or examine
deposits and investments with any banking institution or non-bank
financial institution and their subsidiaries and affiliates without a court
order.
SEC. 11. Authority to Freeze. – The AMLC, either upon its own initiative
or at the request of the ATC, is hereby authorized to issue an ex parte
order to freeze without delay: (a) property or funds that are in any way
related to financing of terrorism or acts of terrorism; or (b) property or
funds of any person, group of persons, terrorist organization, or
CRIMINAL LAW 2 SPECIAL LAWS | 4
association, in relation to whom there is probable cause to believe that
they are committing or attempting or conspiring to commit, or
participating in or facilitating the commission of financing of terrorism
or acts of terrorism as defined herein.
The freeze order shall be effective for a period not exceeding twenty
(20) days. Upon a petition filed by the AMLC before the expiration of the
period, the effectivity of the freeze order may be extended up to a period
not exceeding six (6) months upon order of the Court of Appeals:
Provided, That the twenty-day period shall be tolled upon filing of a
petition to extend the effectivity of the freeze order.
Notwithstanding the preceding paragraphs, the AMLC, consistent with
the Philippines’ international obligations, shall be authorized to issue a
freeze order with respect to property or funds of a designated
organization, association, group or any individual to comply with binding
terrorism-related Resolutions, including Resolution No. 1373, of the UN
Security Council pursuant to Article 41 of the Charter of the UN. Said
freeze order shall be effective until the basis for the issuance thereof
shall have been lifted. During the effectivity of the freeze order, an
aggrieved party may, within twenty (20) days from issuance, file with
the Court of Appeals a petition to determine the basis of the freeze order
according to the principle of effective judicial protection.
However, if the property or funds subject of the freeze order under the
immediately preceding paragraph are found to be in any way related to
financing of terrorism or acts of terrorism committed within the
jurisdiction of the Philippines, said property or funds shall be the subject
of civil forfeiture proceedings as hereinafter provided.
SEC. 12. Exceptions for Investigative Requirements. – Notwithstanding
the immediately preceding provision, the AMLC may decide to defer the
issuance of a freeze order for as long as necessary for any specific
investigative/prosecutorial purposes.
SEC. 13. Humanitarian Exemptions. – The person whose property or
funds have been frozen under the first paragraph of Section 11 may
withdraw such sums as the court determines to be reasonably needed
for monthly family needs and sustenance including the services of
counsel and the family medical needs of such person.
The person whose property or funds have been frozen under the third
paragraph of Section 11 may withdraw such sums as the AMLC
determines to be reasonably needed for monthly family needs including
the services of counsel and the family medical needs of such person.
SEC. 14. Appropriation and Use of Funds of Public Attorney’s Office
(PAO). – Any appropriation and use of funds of PAO to provide free legal
assistance or services to persons charged of the offenses defined and
penalized herein shall not be construed as a violation of this Act, thereby
exempting the PAO from any liability.
SEC. 15. Publication of Designation. – The Department of Foreign Affairs
with respect to designation under Section 3 (e) (1) of this Act, and the
ATC with respect to designation under Section 3 (e) (2) and (3) and
Section 11 of this Act, shall publish a list of the designated persons to
which this Act or the Human Security Act applies. The concerned
agencies shall ensure that an electronic version of the document is made
available to the public on their respective website.
Each respective agency or authority shall ensure that information on
procedures established in rules and regulations issued pursuant to this
Act for delisting, unfreezing and exemptions for basic, necessary or
extraordinary expenses shall likewise be made available in their
respective website.
SEC. 16. Duty of the Covered Institutions and/or Relevant Government
Agencies Upon Receipt of the Freeze Order. – Upon receipt of the notice
of a freeze order, the covered institutions and/or relevant government
agencies shall immediately preserve the subject property or funds in
accordance with the order of the AMLC and shall forthwith serve a copy
of the notice of the freeze order upon the owner or holder of the property
or funds. Any responsible officer or other person who fails to comply
with a freeze order shall suffer the penalty of imprisonment from six (6)
months to four (4) years and a fine of not less than One hundred
thousand pesos (Php100,000.00) nor more than Five hundred thousand
pesos (Php500,000.00), at the discretion of the court, without prejudice
to the administrative sanctions that the AMLC may impose on the erring
covered institution.
SEC. 17. Predicate Offense to Money Laundering. – Financing of
terrorism under Section 4 and offenses punishable under Sections 5, 6,
and 7 of this Act shall be predicate offenses to money laundering as
defined in Republic Act No. 9160, otherwise known as the “Anti-Money
Laundering Act of 2001”, as amended, and subject to its suspicious
transaction reporting requirement.
SEC. 18. Civil Forfeiture. – The procedure for the civil forfeiture of
property or funds found to be in any way related to financing of terrorism
under Section 4 and other offenses punishable under Sections 5, 6, and
7 of this Act shall be made in accordance with the AMLA, as amended,
its Revised Implementing Rules and Regulations and the Rules of
Procedure promulgated by the Supreme Court.
SEC. 19. Extra-Territorial Application of this Act. – Subject to the
provision of an existing treaty, including the International Convention
for the Suppression of the Financing of Terrorism of which the Philippines
is a State Party, and to any contrary provision of any law of preferential
application, the criminal provisions of this Act shall apply: (a) to
individual persons who, although physically outside the territorial limits
of the Philippines, commit, conspire or plot to commit any of the crimes
defined and punished in this Act inside the territorial limits of the
Philippines; (b) to individual persons who, although physically outside
the territorial limits of the Philippines, commit any of the said crimes on
board Philippine ship or Philippine airship; (c) to individual persons who
commit any of said crimes within any embassy, consulate, or diplomatic
premises belonging to or occupied by the Philippine government in an
official capacity; (d) to individual persons who, although physically
outside the territorial limits of the Philippines, commit said crimes
against Philippine citizens or persons of Philippine descent, where their
citizenship or ethnicity was a factor in the commission of the crime; and
(e) to individual persons who, although physically outside the territorial
limits of the Philippines, commit said crimes directly against the
Philippine government.
The provisions of this Act shall likewise apply to a Filipino national who,
although outside the territorial jurisdiction of the Philippines, commit,
conspire or plot to commit any of the crimes defined and punished in
this Act.
In case of an alien whose extradition is requested pursuant to the
International Convention for the Suppression of the Financing of
Terrorism, and that alien is not extradited to the requesting State, the
Republic of the Philippines, without exception whatsoever and whether
or not the offense was committed in the Philippines, shall submit the
case without undue delay to the Department of Justice for the purpose
of prosecution in the same manner as if the act constituting the offense
had been committed in the Philippines, in which case, the courts of the
Philippines shall have jurisdiction over the offense.
SEC. 20. Extradition. – The Philippines may, at its option, subject to the
principle of reciprocity, consider the International Convention for the
Suppression of the Financing of Terrorism as a legal basis for requesting
or granting extradition in respect of the offenses set forth under this Act.
SEC. 21. Applicability of the Revised Penal Code. – The provisions of
Book I of the Revised Penal Code shall apply suppletorily to this Act.
SEC. 22. Implementing Rules and Regulations. –Within thirty (30) days
from the effectivity of this Act, the AMLC, in coordination with relevant
government agencies, shall promulgate rules and regulations to
implement effectively the provisions of this Act.
The rules and regulations to be promulgated may include, but not limited
to, designation, delisting, notification of matters of interest of persons
affected by the Act, exceptions for basic, necessary and extraordinary
expenses, matters of evidence, definition of probable cause, inter-
agency coordination, publication of relevant information, administrative
offenses and penalties, procedures and forms, and other mechanisms
for implementation of the Act.
SEC. 23. Separability Clause. – If, for any reason, any provision of this
Act is declared invalid or unconstitutional, the remaining provisions not
affected thereby shall continue to be in force and effect.
SEC. 24. Repealing Clause. – All laws, decrees, executive orders,
proclamations, rules and regulations, and other issuances, or parts
thereof, which are inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.
SEC. 25. Effectivity Clause. – This Act shall take effect fifteen (15) days
after its complete publication in the Official Gazette or in at least two (2)
newspapers of general circulation.
CRIMINAL LAW 2 SPECIAL LAWS | 5
 GENOCIDE
AN ACT DEFINING AND PENALIZING CRIMES AGAINST
INTERNATIONAL HUMANITARIAN LAW, GENOCIDE AND OTHER
CRIMES AGAINST HUMANITY, ORGANIZING JURISDICTION,
DESIGNATING SPECIAL COURTS, AND FOR RELATED PURPOSES
REPUBLIC ACT NO. 9851
Approved: December 11, 2009
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;
CRIMINAL LAW 2 SPECIAL LAWS | 6
(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;
CRIMINAL LAW 2 SPECIAL LAWS | 7
(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:
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(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;
(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.
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 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.

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