Professional Documents
Culture Documents
Human Rights
Human Rights
GENERAL NATURE AND DEFINITION OF HUMAN RIGHTS Conferred and protected by the
Constitution and which cannot be modified
Human Rights or taken away by the law-making body
3. Statutory Rights
Those rights, which are inherent in our nature, and
Those rights which are provided by law
without which, we cannot live as human beings.
promulgated by the law-making body
Allow us to develop and use our human qualities,
May be abolished by the body that created
intelligence, talents and conscience, and to satisfy
them
our spiritual and other needs.
Supreme, inherent, and inalienable rights to life, According to Recipient
dignity, and self-development.
The essence of these rights makes man human. 1. Individual Rights
Accorded to individuals
Basic Characteristics of Human Rights: 2. Collective Rights
Also called “people’s rights” or “solidarity
1. Inherent
rights”
Not granted by any person or authority
Rights of the society, those that can be
2. Fundamental
enjoyed only in company with others
Without them, the life and dignity of man
will be meaningless According to Aspect of Life
3. Inalienable
Cannot be rightfully taken away from a free 1. Civil Rights
individual Rights which the law will enforce at the
Cannot be given away or be forfeited instance of private individuals for the
4. Imprescriptible purpose of securing to them the enjoyment
Cannot be lost even if man fails to use or of their means of happiness
assert them, even by a long passage of time Partake of the nature of political rights
5. Indivisible when they are utilized as a means to
Not capable of being divided participate in the government
Cannot be denied even when other rights 2. Political Rights
have already been enjoyed Rights which enable us to participate in
6. Universal running the affairs of the government either
Applies irrespective of one’s origin, status, directly or indirectly
or condition or place where one lives 3. Economic and Social Rights
Rights can be enforced without national Those which the law confers upon the
border people to enable them to achieve social and
7. Interdependent economic development
The fulfillment or exercise of one cannot be 4. Cultural Rights
had without the realization of the other Rights that ensure the well-being of the
individual and foster the preservation,
Human Rights Principles: enrichment, and dynamic evolution of
national culture based on the principle of
The dignity of man and human life is inviolable. From
unity in diversity in a climate of free artistic
the dignity of man is derived the right of every
and intellectual expression.
person to free development of his personality.
A legitimate state should exist to assure that in the According to Struggle for Recognition
discharge of the governmental functions, the dignity
that is the birthright of every human being is duly 1. First Generation Rights
safeguarded. Civil and political rights which derives
primarily from the 17th and 18th centuries’
Classification of Rights: reformist theories
Conceives of human rights more in negative
According to Source
(“freedom from”) than positive (“rights to”)
1. Natural Rights terms
God-given rights, acknowledged by Favors the abstention rather the
everybody to be morally good intervention of government in the exercise
Unwritten, but prevail as norms of the of freedoms and in the quest for human
society dignity
2. Constitutional Rights 2. Second Generation Rights
Covers economic, social, and cultural rights Represent the core of fundamental rights
which find their origin primarily in the which relate to the right to physical and
socialist tradition personal integrity, consistent with human
Conceives of human rights more in positive dignity
terms i. Right to protection against political
Fundamental claims to social equality and other extrajudicial killings, the
3. Third Generation Rights disappearances of persons, and
Covers collective rights torture and other cruel inhuman or
degrading treatment or
According to Derogability punishment
5. Legal Rights
1. Absolute or Non-Derogable Rights
Constitute due process that can be invoked
Those that cannot be suspended nor taken
by persons accused
away nor restricted/limited even in extreme
i. Freedom from arbitrary arrest and
emergency and even if the government
detention
invokes national security
ii. Protection against unreasonable
2. Derogable or Can-Be-Limited Rights
search and seizure
May be suspended or restricted or limited
iii. Right to counsel
depending on the circumstances which call
iv. Right to fair and public trial
for the preservation of social life
v. Presumption of innocence
Must satisfy three requirements for it to be
vi. Right against self-incrimination
valid:
6. Rights of Equality
i. It is provided for by law which is
Also known as the right against
made known to every citizen;
discrimination
ii. There is a state of emergency
Everyone is equal before the law and is
which necessitates the urgent
entitled to equal protection or the equal
preservation of the public good,
benefit of the law
public safety, and public moral;
i. Protection against discrimination
iii. It does not exceed what is strictly
on the grounds of sex, race,
necessary to achieve the purpose.
religion, ethnic origin, age, marital
Categories of Human Rights status, and political and social
condition
1. Fundamental Freedom in Political Rights 7. Economic, Social and Cultural Rights
i. Freedom of conscience and Considered more of standards to be
religion observed by the state
ii. Freedom of thought, belief, i. Right to social security, social
opinion and expression insurance, protection and
iii. Freedom of the press and assistance to the family
communication ii. Right to an adequate standard of
iv. Freedom of association, freedom living, adequate food, clothing and
of peaceful assembly housing
v. Rights to privacy, reputation, and iii. Right to physical and mental health
human dignity iv. Right to education
2. Democratic Rights v. Right to be part of the artistic and
Commonly exercised in a democratic state scientific life of the country
i. Right to vote and to participate in 8. Workers’ Rights
the electoral process i. Right to association
ii. Right to participate in public or ii. Right to organize unions
governmental affairs iii. Right to bargain collectively
3. Mobility Rights iv. Prohibition of forced labor
National and international in character v. Prohibition of employment of
i. Right to travel children
ii. Right to return to one’s country vi. Guarantee of minimum wages and
iii. Freedom of movement within the other support
country 9. Aboriginal Rights
4. Right to Life, Liberty, and Security of the Person Associated with the rights of indigenous
cultural tribes or communities
1. Does the LLDA have the authority to entertain the “The State shall protect
complaint against the dumping of garbage in the and advance the right of
open dumpsite in Caloocan authorized by its City the people to a balanced
choice. But the true choice is the community where there are social and
government set by the state economic inequalities.
6. Functional/Sociological Approach o The general conception of justice is one of
o Human rights exist as a means of social fairness and those social primary goods
control, to serve the social interests of such as opportunity, income and wealth
society. and self-respect are to be distributed
o Lays emphasis of obtaining a just equally.
equilibrium of multifarious interests among 10. Theory Based on Equality and Respect of Human
prevailing moral sentiments and the social Dignity
and economic conditions of the time and o The recognition of individual rights in the
place. enjoyment of the basic freedoms such as
7. Utilitarian Theory freedom of speech, religion, assembly, fair
o Seeks to define the notion of rights in terms trial and access to courts.
of tendencies to promote specified ends o Governments must treat all their citizens
such as common good. equally. For this purpose, the government
o Every human decision was motivated by must intervene in order to advance general
some calculation of pleasure and pain. The welfare.
goal is to promote the greatest happiness of
the greatest number. Origin of Human Rights in the Philippines
o Everyone is counted equally, but not
20 June 1899 – Malolos Constitution: contained several
treated equally. provisions on civil and political rights
o Requires the government to maximize the
total net sum of citizens. 1902 – Philippine Bill of 1902
o An individual cannot be more important
than the entire group. A man cannot simply 1916 – Philippine Autonomy Act of 1916/Jones Law
live alone in disregard of his impulse to
1934 – Philippine Independence Act of 1934/Tydings-
society.
McDuffee Law
o The composite society of which the
individual is a unit has on its own wants, 1935 – First Philippine Constitution: contained Bill of Rights
claims and demands. An act is good only
when it takes into consideration the 1973 – Second Philippine Constitution
interests of the society and tends to
1983 – Present Philippine Constitution
augment the happiness of the entire
community. From 1942 to 1944, the Filipinos were temporarily
8. Theory Based on Dignity of Man/Policy Science deprived of the enjoyment of the civil and political
Approach rights during the military rule of Japan. But these
o Human rights means sharing values of all were immediately restored in 1945.
identified policies upon which human rights The Filipinos were again subjected to violation of
depend on. human rights during the authoritarian rule of
o The most important values are respect, President Marcos, which was terminated during the
power, knowledge, health, and security. February 1986 revolution.
o The ultimate goal of this theory is a world
community where there is democratic Human Rights Instruments to which The Philippines is a
sharing and distribution of values. Signatory:
o All available resources are utilized to the
1. International Covenant of Economic, Social and
maximum and the protection of human
Cultural Rights (7 June 1974)
dignity is recognized.
2. International Covenant on Civil and Political Rights
9. Theories of Justice
(23 October 1986)
o Each person possesses inviolability founded
3. Optional Protocol International Covenant on Civil
on justice.
and Political Rights (22 August 1989)
o The rights secured for justice are not
4. International Convention on the Elimination of All
subject to political bargaining or to social
Forms of Racial Discrimination (15 September 1976)
interests.
5. International Convention on the Suppression and
o Each person has equal rights to the whole
Punishment of the Crime of Apartheid (27 July 1987)
system of liberties. There is no justice in a
6. International Convention against Apartheid (27 July
1987)
7. International Convention on the Elimination of All (2) Adopt its operational guidelines and rules of
Forms of Discrimination Against Women (5 August procedure, and cite for contempt for violations
1981) thereof in accordance with the Rules of Court;
8. Convention on the Political Rights of Women (12 (3) Provide appropriate legal measures for the
September 1957) protection of human rights of all persons within
9. Convention on the Rights of the Child (21 August the Philippines, as well as Filipinos residing
1990) abroad, and provide for preventive measures and
10. Slavery Convention of 1926 (12 July 1955) legal aid services to the under-privileged whose
11. Protocol Amending the Slavery Convention (17 human rights have been violated or need
November 1965) protection;
12. Supplementary Convention on the Abolition of (4) Exercise visitorial powers over jails, prisons, or
Slavery, the Slave Trade and Institutions and detention facilities;
Practices (17 November 1965) (5) Establish a continuing program of research,
13. Convention on the Suppression of the Trafficking of education, and information to enhance respect for
Persons and the Exploitation of Others (19 the primacy of human rights;
September 1952) (6) Recommend to Congress effective measures to
14. Convention against Torture and other Cruel, promote human rights and to provide for
Inhuman, or Degrading Treatment or Punishment compensation to victims of violations of human
(18 June 1986) rights, or their families;
15. The Convention on the Consent to Marriage, (7) Monitor the Philippine Government’s compliance
Minimum Age for Marriage and Registration of with international treaty obligations on human
Marriage (21 January 1965) rights;
16. International Convention on the Protection of All (8) Grant immunity from prosecution to any person
Migrant Workers and Members of their Families (13 whose testimony or whose possession of
November 1993) documents or other evidence is necessary or
17. Convention on the Nationality of Married Women convenient to determine the truth in any
18. Convention on the Status of Stateless Persons (22 investigation conducted by it or under its
June 1955) authority;
19. Convention Relating to the Status of Refugees (22 (9) Request the assistance of any department,
July 1981) bureau, office, or agency in the performance of its
20. Convention on the Prevention and the Punishment functions;
of the Crime of Genocide (7 July 1950) (10) Appoint its officers and employees in accordance
21. Convention on Non-applicability of Statutory with law; and
Limitation on War Crimes and Crimes Against (11) Perform such other duties and functions as may be
Humanity (15 May 1973) provided by law.
22. Protocol Additional to the Geneva Convention of 12
August 1949, Relating to the Protection of Victims of Cariño v. Commission on Human Rights, 204 SCRA 483
Non-International Armed Conflicts (Protocol II) (11
Facts:
July 1987)
For joining the concerted mass actions of public
The Philippine Commission on Human Rights
teachers and for failure to heed the return-to-work order
Creation: Mandated by the 1987 Constitution; formally issued by DECS Secretary Cariño, eight teachers from the
constituted by President Aquino’s Executive Order No. 163 Ramon Magsaysay High School, namely Graciano Budoy,
Julieta Babaran, Elsa Ibabao, Helen Lupo, Amparo Gonzales,
Composition and Qualifications: One Chairman and four Luz del Castillo, Elsa Reyes and Apolinario Esber were
Members, who must be natural-born citizens of the administratively charged, preventively suspended for 90 days,
Philippines and a majority of whom shall be members of the and temporarily replaced. The said eight teachers, led by
Bar (Section 17, Art. XIII, 1987 Constitution) their counsel, subsequently staged a walkout signifying their
intent to boycott the proceedings. Thereafter, Secretary
Powers and Functions: (Section 18, Art. XIII, 1987 Cariño rendered a decision ordering the dismissal from
Constitution) service of Esber, and the 9-month suspensions of Babaran,
Budoy, and del Castillo. The eight teachers then complained
(1) Investigate, on its own or on complaint by any
to the Commission on Human Rights on the ground that they
party, all forms of human rights violations
were denied due process. Secretary Cariño filed a motion to
involving civil and political rights;
dismiss with the CHR on the ground that the CHR had no
jurisdiction over the case.
Issue and Ruling: stores, and carinderia along EDSA. The CHR subsequently
issued an Order directing the QC Officers to desist from
1. W/N the CHR has the power under the Constitution demolishing the stalls and shanties at North EDSA pending
to try and decide, or hear and determine, certain resolution of the vendors’ complaint before the Commission.
specific type of cases, like alleged human rights
violations involving civil or political rights. Notwithstanding said Order, the QC Officers carried
out the demolition of the stalls, sari-sari stores, and
NO. The CHR was not meant by the Constitution to carinderia, prompting the CHR to order the disbursement of
be another court or quasi-judicial agency in this country. The financial assistance of not more than P200,000.00 in favor of
most that may be conceded to the CHR in the way of the vendors to purchase light housing materials and food
adjudicative power is that it may investigate, i.e., receive under the CHR’s supervision and again directed the QC
evidence and make findings of fact as regards claimed human Officers to desist from further demolition, with the warning
rights violations involving civil and political rights. Fact finding that violation of said Order would lead to a citation for
is not adjudication, and cannot be likened to the judicial contempt and arrest. The QC Officers filed a motion to
function of a court of justice, or even a quasi-judicial agency dismiss, questioning the CHR’s jurisdiction. Subsequently, the
or official. The function of receiving evidence and ascertaining CHR cited the QC Officers in contempt for carrying out further
therefrom the facts of a controversy is not a judicial function, demolition on the stalls, sari-sari stores, and carinderia
properly speaking. To be considered such, the faculty of despite the order to desist, and imposed a fine of P500.00 on
receiving evidence and making factual conclusions in a each of them.
controversy must be accompanied by the authority of
applying the law to those factual conclusions to the end that Issues and Ruling:
the controversy may be decided or determined
authoritatively, finally and definitively, subject to such 1. W/N the CHR has jurisdiction to investigate the
appeals or modes of review as may be provided by law. This violation of the rights of those vendors whose stalls
function, to repeat, the Commission does not have. were demolished by the QC Officers at the instance
and authority given by N Mayor of QC.
The Constitution clearly and categorically grants to
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
2. W/N the CHR has jurisdiction to impose a fine of
for contempt in accordance with the Rules of Court. In the
P500.00 on each of the QC Officers.
course of any investigation conducted by it or under its
authority, it may grant immunity from prosecution to any NO. Although the CHR is constitutionally authorized to adopt
person whose testimony or whose possession of documents its operational guidelines and rules of procedure, and cite for
or other evidence is necessary or convenient to determine contempt for violations thereof in accordance with the Rules
the truth. It may also request the assistance of any of Court, and accordingly, the CHR acted within its authority
department, bureau, office, or agency in the performance of in providing in its revised rules, its power to cite or hold any
its functions, in the conduct of its investigation or in person in direct or indirect contempt, and to impose the
extending such remedy as may be required by its findings. But appropriate penalties in accordance with the procedure and
it cannot try and decide cases (or hear and determine causes) sanctions provided for in the Rules of Court, the power to cite
as courts of justice, or even quasi-judicial bodies do. To in contempt should be understood to apply only to violations
investigate is not to adjudicate or adjudge. Whether in the of its adopted operational guidelines and rules of procedure
popular or in the technical sense, these terms have well essential to carry out its investigatorial powers. The order to
understood and quite distinct meanings. desist is not investigatorial in character but prescinds from an
adjudicative power that it does not possess.
Simon v. Commission on Human Rights, 229 SCRA 7
NOTE: Human rights seems to closely identify with the
Facts:
universally accepted traits and attributes of an individual,
A Demolition Notice was sent by the Office of the along with what is generally considered to be his inherent
Quezon City Mayor to the officers and members of the North and inalienable rights, encompassing almost all aspects of life.
EDSA Vendors Association (NEVA), which gave the latter three
days to vacate their stalls in order to give way to the
“People’s Park.” The NEVA, led by the President Roque
Fermo, filed a letter-complaint with the CHR, asking that a
letter be addressed to then Mayor Brigido Simon, Jr. of
Quezon City to stop the demolition of their stalls, sari-sari
Article 2. Everyone is entitled to all the rights and freedoms than the one that was applicable at the time the
set forth in this Declaration, without distinction of any kind, penal offense was committed.
such as race, color, sex, language, religion, political or other
opinion, national or social origin, property, birth or other Article 12. No one shall be subjected to arbitrary interference
status. Furthermore, no distinction shall be made on the basis with his privacy, family, home or correspondence, nor to
of the political, jurisdictional, or international status of the attacks upon his honor and reputation. Everyone has the right
country or territory to which a person belongs, whether it be to the protection of the law against such interference or
independent, trust, non-self-governing or under any other attacks.
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.
Article 4. No one shall be held in slavery or servitude; slavery (2) This right may not be invoked in the case of
and the slave trade shall be prohibited in all their forms. prosecutions genuinely arising from non-political
crimes or from acts contrary to the purposes and
Article 5. No one shall be subjected to torture or to cruel, principles of the United Nations.
inhuman or degrading treatment or punishment.
3. Right to Privacy
Article 6. Everyone has the right to recognition everywhere as
a person before the law. Article 12, supra.
Article 7. All are equal before the law and are entitled without Article 13.
any discrimination to equal protection of the law. All are
entitled to equal protection against any discrimination in (1) Everyone has the right to freedom of movement and
violation of this Declaration and against any incitement to residence within the borders of each state.
such discrimination. (2) Everyone has the right to leave any country,
including his own, and to return to his country.
Article 8. Everyone has the right to an effective remedy by the
competent national tribunals for acts violating the 4. Nationality and the Family
fundamental rights granted him by the constitution or by law.
Article 15.
2. Liberty, Security, and Recognition of Persons
(1) Everyone has the right to a nationality.
Article 4, supra. (2) No one shall be arbitrarily deprived of his nationality
nor denied the right to change his nationality.
Article 5, supra.
Article 16.
Article 6, supra.
(1) Men and women of full age, without any limitation
Article 7, supra. due to race, nationality or religion, have the right to
marry and found a family. They are entitled to equal
Article 9. No one shall be subjected to arbitrary arrest,
rights as to marriage, during marriage and at its
detention or exile.
dissolution.
Article 10. Everyone is entitled in full equality to a fair and (2) Marriage shall be entered into only with the free and
public hearing by an independent and impartial tribunal, in full consent of the intending spouses.
the determination of his rights and obligations and of any (3) The family is the natural and fundamental group unit
criminal charge against him. of society and is entitled to protection by society and
the State.
Article 11.
5. Right to Own Property
(1) Everyone charged with a penal offense has the right
Ownership of external goods assures a
to be presumed innocent until proved guilty
person a highly necessary sphere for the
according to law in a public trial at which he has had
exercise of his personal and family
all the guarantees necessary for his defense.
autonomy and ought to be considered as an
(2) No one shall be held guilty of any penal offense on
extension of human freedom.
account of any act or omission which did not
constitute a penal offense, under national or Article 17.
international law, at the time when it was
committed. Nor shall a heavier penalty be imposed
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
protection. (1) Everyone has duties to the community in which
(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, shall be subject only to such limitations as are
including reasonable limitation of working hours and periodic determined by law solely for the purpose of securing
holidays 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.
Nikki T. Sia | WLC School of Law Page 11
HUMAN RIGHTS LAW
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
(b) The state values the dignity of every human
armed violence between governmental authorities
person and guarantees full respect for human rights,
and organized armed groups or between such
including the rights of indigenous cultural
groups within that State: Provided, That such force
communities and other vulnerable groups, such as
or armed violence gives rise, or may give rise, to a
women and children;
situation to which the Geneva Conventions of 12
August 1949, including their common Article 3,
(c) It shall be the responsibility of the State and all apply. Armed conflict may be international, that is,
other sectors concerned to resolved armed conflict between two (2) or more States, including
in order to promote the goal of "Children as Zones of belligerent occupation; or non-international, that is,
Peace"; between governmental authorities and organized
armed groups or between such groups within a
(d) The state adopts the generally accepted state. It does not cover internal disturbances or
principles of international law, including the Hague tensions such as riots, isolated and sporadic acts of
Conventions of 1907, the Geneva Conventions on violence or other acts of a similar nature.
the 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 authority and control" means having the material
for fair trial, It shall also protect victims, witnesses
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 entitled to, or is obliged to accord, protection under
a person and includes the exercise of such power in the rules of International Humanitarian Law, with
the course of trafficking in persons, in particular the intent to betray that confidence, including but
women and children. not 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, member of the armed forces who have laid down
or psychological, upon a person in the custody or their arms and those placed hors de combat by
under the control of the accused; except that torture sickness, wounds, detention or any other cause;
shall 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
excessive loss of life, injury to civilians or the conflict, unless the security of the
damage to civilian objects, and causing civilians involved or imperative military
death or serious injury to body or health . reasons so 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
accessory penalties under the Revised Penal Code, especially official shall in no case exempt a person from criminal
where the offender is a public officer. responsibility 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 of the proceedings determined to be appropriate by
investigation 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 where the court considers it appropriate in
to 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
occur: purposes 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
rights of victims under national or international law.
of 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.