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Human Rights Midterms Reviewer Under Atty Principe
Human Rights Midterms Reviewer Under Atty Principe
Human Rights
Those rights, which are inherent in our nature, and without which, we cannot live as
human beings.
Allow us to develop and use our human qualities, intelligence, talents and conscience,
and to satisfy our spiritual and other needs.
Supreme, inherent, and inalienable rights to life, dignity, and self-development.
The essence of these rights makes man human.
1. Inherent
Not granted by any person or authority
2. Fundamental
Without them, the life and dignity of man will be meaningless
3. Inalienable
Cannot be rightfully taken away from a free individual
Cannot be given away or be forfeited
4. Imprescriptible
Cannot be lost even if man fails to use or assert them, even by a long passage of
time
5. Indivisible
Not capable of being divided
Cannot be denied even when other rights have already been enjoyed
6. Universal
Applies irrespective of one’s origin, status, or condition or place where one lives
Rights can be enforced without national border
7. Interdependent
The fulfillment or exercise of one cannot be had without the realization of the
other
The dignity of man and human life is inviolable. From the dignity of man is derived the
right of every person to free development of his personality.
A legitimate state should exist to assure that in the discharge of the governmental
functions, the dignity that is the birthright of every human being is duly safeguarded.
Classification of Rights:
According to Source
1. Natural Rights
God-given rights, acknowledged by everybody to be morally good
Unwritten, but prevail as norms of the society
2. Constitutional Rights
According to Recipient
1. Individual Rights
Accorded to individuals
2. Collective Rights
Also called “people’s rights” or “solidarity rights”
Rights of the society, those that can be enjoyed only in company with others
1. Civil Rights
Rights which the law will enforce at the instance of private individuals for the
purpose of securing to them the enjoyment of their means of happiness
Partake of the nature of political rights when they are utilized as a means to
participate in the government
2. Political Rights
Rights which enable us to participate in running the affairs of the government
either directly or indirectly
3. Economic and Social Rights
Those which the law confers upon the people to enable them to achieve social and
economic development
4. Cultural Rights
Rights that ensure the well-being of the individual and foster the preservation,
enrichment, and dynamic evolution of national culture based on the principle of
unity in diversity in a climate of free artistic and intellectual expression.
According to Derogability
Facts: A letter-complaint was filed with the Laguna Lake Development Authority (LLDA),
seeking to stop the operation of the open garbage dumpsite in the Tala Estate in Caloocan, due
to its harmful effects on the health of the residents and the possibility of pollution of the water
content of the surrounding area. It was discovered that the open dumpsite did not have an
Environmental Compliance Certificate from the Environmental Management Bureau of the
1. Does the LLDA have the authority to entertain the complaint against the dumping of
garbage in the open dumpsite in Caloocan authorized by its City Government which is
allegedly endangering the health, safety, and welfare of the residents therein and the
sanitation and quality of the water in the area brought about by exposure to pollution
caused by such open garbage dumpsite?
YES. The LLDA’s jurisdiction was validly invoked on the basis of the allegation that the
open dumpsite of the City Government of Caloocan was undertaken without a clearance from
the LLDA, as required by RA 4850. As a general rule, the adjudication of pollution cases
generally pertains to the Pollution Adjudication Board, except in cases where the special law
provides for another forum. It must be recognized that in this regard that the LLDA, by virtue of
its special charter, obviously has the responsibility to protect the inhabitants of the Laguna Lake
region from the deleterious effects of pollutants emanating from the discharges of wastes from
the surrounding areas. In carrying out the national policy of promoting and accelerating the
development and balanced growth of the Laguna Lake area and the surrounding provinces of
Rizal and Laguna and the cities of San Pablo, Manila, Pasay, Quezon and Caloocan with due
regard and adequate provisions for environmental management and control, preservation of the
quality of human life and ecological systems, and the prevention of undue ecological
disturbances, deterioration and pollution, the LLDA is mandated, among others, to pass upon
and approve or disapprove all plans, programs, and projects proposed by local government
offices/agencies within the region, public corporations, and private persons or enterprises where
such plans, programs, and/or projects are related to those of the LLDA for the development of
the region.
2. Does the LLDA have the power and authority to issue a Cease and Desist Order to enjoin
the dumping of garbage in the Tala Estate?
YES. Although the LLDA was not expressly conferred the power to issue an ex parte
cease and desist order in express terms, the LLDA’s issuance of one, as a practical matter of
procedure under the circumstances of the case, is a proper exercise of its power and authority
under its charter and its amendatory laws. The provision which empowers the LLDA to
instituted necessary legal proceedings against any person who shall commence to implement or
continue implementation of any project, plan or program within the Laguna de Bay region
without previous clearance from the LLDA was designed to invest the LLDA with sufficiently
broad powers in the regulation of all projects initiated in the Laguna Lake region, whether by the
government or the private sector, insofar as the implementation of these projects is concerned.
Moreover, Section 16 of Article II of the 1987 Constitution states that:
“The State shall protect and advance the right of the people to a
balanced and healthful ecology in accord with the rhythm and
harmony of nature.”
History
Human rights were asserted by the citizens against tyrannical governments. They arose
from the struggle of man against injustices of despotic rulers.
The struggle for the respect of human rights was originally a domestic or national issue.
The atrocities committed on masses of people during World War II have convinced
international jurists that the protection of human rights should be an international
concern.
o Respect for human rights mainly concerns individuals without distinction as to
nationality or citizenship.
o Violation of human rights are offenses without borders.
1. Religious/Theological Approach
o A basis of human rights theory stemming from a law higher than the state and
whose source is the Supreme Being.
Human rights are not concessions granted by human institutions or
states, or any international organization as they are God-given rights.
o Central to the doctrines of all religions is the concept of dignity of man as a
consequence of human rights.
o The divine source gives human beings a high value of worth.
o The belief of a universal common creation means a common humanity and
consequently universal, basic and fundamental rights. And since rights come
from a divine source, they are inalienable and cannot be denied by mortal beings.
o Criticism: Some religions impose so many restrictions on individual freedom;
some religions even tolerate slavery, discrimination against women, and
imposition of the death penalty
2. Natural Law Theory
o Originated from the Stoics and elaborated by Greek philosophers and later by
ancient Roman law jurists.
o Perceives that the conduct of men must always conform to the law of nature.
o Natural law embodies those elementary principles of justice which were right
reason, i.e., in accordance with nature, unalterable, eternal.
o Philosophers:
Thomas Aquinas – considered natural law as the law of right reason in
accordance with the law of God, commonly known as the scholastic
natural law
Hugo Grotius – the natural characteristics of human beings are the social
impulse to live peacefully and in harmony with others whatever
conformed to the nature of men as natural human beings was right and
just; whatever is disturbing to social harmony is wrong and unjust
20 June 1899 – Malolos Constitution: contained several provisions on civil and political rights
From 1942 to 1944, the Filipinos were temporarily deprived of the enjoyment of the civil
and political rights during the military rule of Japan. But these were immediately
restored in 1945.
The Filipinos were again subjected to violation of human rights during the authoritarian
rule of President Marcos, which was terminated during the February 1986 revolution.
Composition and Qualifications: One Chairman and four Members, who must be natural-born
citizens of the Philippines and a majority of whom shall be members of the Bar (Section 17, Art.
XIII, 1987 Constitution)
(1) Investigate, on its own or on complaint by any party, all forms of human rights
violations involving civil and political rights;
(2) Adopt its operational guidelines and rules of procedure, and cite for contempt for
violations thereof in accordance with the Rules of Court;
(3) Provide appropriate legal measures for the protection of human rights of all persons
within the Philippines, as well as Filipinos residing abroad, and provide for preventive
measures and legal aid services to the under-privileged whose human rights have been
violated or need protection;
(4) Exercise visitorial powers over jails, prisons, or detention facilities;
(5) Establish a continuing program of research, education, and information to enhance
respect for the primacy of human rights;
(6) Recommend to Congress effective measures to promote human rights and to provide
for compensation to victims of violations of human rights, or their families;
(7) Monitor the Philippine Government’s compliance with international treaty obligations
on human rights;
(8) Grant immunity from prosecution to any person whose testimony or whose possession
of documents or other evidence is necessary or convenient to determine the truth in
any investigation conducted by it or under its authority;
(9) Request the assistance of any department, bureau, office, or agency in the performance
of its functions;
(10) Appoint its officers and employees in accordance with law; and
(11) Perform such other duties and functions as may be provided by law.
Facts:
For joining the concerted mass actions of public teachers and for failure to heed the
return-to-work order issued by DECS Secretary Cariño, eight teachers from the Ramon
Magsaysay High School, namely Graciano Budoy, Julieta Babaran, Elsa Ibabao, Helen Lupo,
Amparo Gonzales, Luz del Castillo, Elsa Reyes and Apolinario Esber were administratively
charged, preventively suspended for 90 days, and temporarily replaced. The said eight teachers,
led by their counsel, subsequently staged a walkout signifying their intent to boycott the
proceedings. Thereafter, Secretary Cariño rendered a decision ordering the dismissal from
service of Esber, and the 9-month suspensions of Babaran, Budoy, and del Castillo. The eight
teachers then complained to the Commission on Human Rights on the ground that they were
denied due process. Secretary Cariño filed a motion to dismiss with the CHR on the ground that
the CHR had no jurisdiction over the case.
1. W/N the CHR has the power under the Constitution to try and decide, or hear and
determine, certain specific type of cases, like alleged human rights violations involving
civil or political rights.
NO. The CHR was not meant by the Constitution to be another court or quasi-judicial
agency in this country. The most that may be conceded to the CHR in the way of adjudicative
power is that it may investigate, i.e., receive evidence and make findings of fact as regards
claimed human rights violations involving civil and political rights. Fact finding is not
adjudication, and cannot be likened to the judicial function of a court of justice, or even a quasi-
judicial agency or official. The function of receiving evidence and ascertaining therefrom the
facts of a controversy is not a judicial function, properly speaking. To be considered such, the
faculty of receiving evidence and making factual conclusions in a controversy must be
accompanied by the authority of applying the law to those factual conclusions to the end that the
controversy may be decided or determined authoritatively, finally and definitively, subject to
such appeals or modes of review as may be provided by law. This function, to repeat, the
Commission does not have.
The Constitution clearly and categorically grants to the CHR the power to investigate all
forms of human rights violations involving civil and political rights. It can exercise that power
on its own initiative or complaint of any person. It may exercise that power pursuant to such
rules of procedure as it may adopt and, in cases of violations of said rules, cite for contempt in
accordance with the Rules of Court. In the course of any investigation conducted by it or under
its authority, it may grant immunity from prosecution to any person whose testimony or whose
possession of documents or other evidence is necessary or convenient to determine the truth. It
may also request the assistance of any department, bureau, office, or agency in the performance
of its functions, in the conduct of its investigation or in extending such remedy as may be
required by its findings. But it cannot try and decide cases (or hear and determine causes) as
courts of justice, or even quasi-judicial bodies do. To investigate is not to adjudicate or adjudge.
Whether in the popular or in the technical sense, these terms have well understood and quite
distinct meanings.
Facts:
A Demolition Notice was sent by the Office of the Quezon City Mayor to the officers and
members of the North 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 stores,
and carinderia along EDSA. The CHR subsequently issued an Order directing the QC Officers to
desist from demolishing the stalls and shanties at North EDSA pending resolution of the
vendors’ complaint before the Commission.
Notwithstanding said Order, the QC Officers carried out the demolition of the stalls, sari-
sari stores, and carinderia, prompting the CHR to order the disbursement of financial assistance
of not more than P200,000.00 in favor of the vendors to purchase light housing materials and
food under the CHR’s supervision and again directed the QC Officers to desist from further
demolition, with the warning that violation of said Order would lead to a citation for contempt
and arrest. The QC Officers filed a motion to dismiss, questioning the CHR’s jurisdiction.
Subsequently, the CHR cited the QC Officers in contempt for carrying out further demolition on
the stalls, sari-sari stores, and carinderia despite the order to desist, and imposed a fine of
P500.00 on each of them.
1. W/N the CHR has jurisdiction to investigate the violation of the rights of those vendors
whose stalls were demolished by the QC Officers at the instance and authority given by N
Mayor of QC.
NO. The order for the demolition of the stalls, sari-sari stores and carinderia of the vendors does
not fall within the compartment of “human rights violations involving civil and political rights”
intended by the Constitution.
2. W/N the CHR has jurisdiction to impose a fine of P500.00 on each of the QC Officers.
NO. Although the CHR is constitutionally authorized to adopt its operational guidelines and
rules of procedure, and cite for contempt for violations thereof in accordance with the Rules of
Court, and accordingly, the CHR acted within its authority in providing in its revised rules, its
power to cite or hold any person in direct or indirect contempt, and to impose the appropriate
penalties in accordance with the procedure and sanctions provided for in the Rules of Court, the
power to cite in contempt should be understood to apply only to violations of its adopted
operational guidelines and rules of procedure essential to carry out its investigatorial powers.
The order to desist is not investigatorial in character but prescinds from an adjudicative power
that it does not possess.
NOTE: Human rights seems to closely identify with the universally accepted traits and attributes
of an individual, along with what is generally considered to be his inherent and inalienable
rights, encompassing almost all aspects of life.
Main objective of the United Nations: the recognition and respect of human rights
Purpose of the UN: the promotion and encouragement of respect for human rights and for
fundamental freedoms for all without distinction as to race, sex, language, or religion
1. Article 13, which directs the General Assembly the task of initiating studies and
recommendations for the purpose of assisting in the realization of human rights and
fundamental freedom
2. Article 55(c), which commits the UN to promote universal respect for an observance of
human rights and fundamental freedoms
3. Article 56, which provides for the clear legal obligation of all members to pledge
themselves and take joint and separate actions in cooperation with the UN for the
advancement of the purposes set forth in Article 55(c)
4. Article 62(2), which states that the Economic and Social Council may make
recommendations for the purpose of promoting respect for an observance for human
rights and fundamental freedom for all
5. Article 76, which mandates the Trusteeship System to encourage respect for the human
rights and for fundamental freedom for all without distinction as to race, sex, language,
or religion and to encourage recognition of the interdependence of the peoples of the
world
6. Article 10, which suggests to the General Assembly to discuss any matter within the
scope of the Charter which may concern human rights
7. Article 69(2), which provides that the Economic and Social Council, with the approval of
the General Assembly, may perform services at the request of any member state
Basis for the advisory services program on human rights such as providing
experts or granting fellowships or organizing seminars
NOTE: In fine, every article in the UN Charter which refers to the purposes of the UN is deemed
to include the promotion of human rights.
Formally established by the Economic and Social Council to assist in all matters relating
in human rights
Composed of 43 members
Deals with all aspects of human rights issues involving the participation of all sectors of
the international committee
Undertakes special tasks assigned to it by the General Council, including the
investigation of all allegations of human rights violations
Coordinates activities relating to human rights through the UN System
Article 1. All human beings are born free and equal in dignity and rights. They are endowed with
reason and conscience and should act towards one another in a spirit of brotherhood.
Article 2. Everyone is entitled to all the rights and freedoms set forth in this Declaration, without
distinction of any kind, such as race, color, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status. Furthermore, no distinction shall be
made on the basis of the political, jurisdictional, or international status of the country or
territory to which a person belongs, whether it be independent, trust, non-self-governing or
under any other limitation of sovereignty.
Article 3. Everyone has the right to life, liberty, and security of person.
Article 4. No one shall be held in slavery or servitude; slavery and the slave trade shall be
prohibited in all their forms.
Article 6. Everyone has the right to recognition everywhere as a person before the law.
Article 7. All are equal before the law and are entitled without any discrimination to equal
protection of the law. All are entitled to equal protection against any discrimination in violation
of this Declaration and against any incitement to such discrimination.
Article 8. Everyone has the right to an effective remedy by the competent national tribunals for
acts violating the fundamental rights granted him by the constitution or by law.
Article 4, supra.
Article 5, supra.
Article 6, supra.
Article 7, supra.
Article 10. Everyone is entitled in full equality to a fair and public hearing by an independent
and impartial tribunal, in the determination of his rights and obligations and of any criminal
charge against him.
Article 11.
(1) Everyone charged with a penal offense has the right to be presumed innocent until
proved guilty according to law in a public trial at which he has had all the guarantees
necessary for his defense.
(2) No one shall be held guilty of any penal offense on account of any act or omission which
did not constitute a penal offense, under national or international law, at the time when
it was committed. Nor shall a heavier penalty be imposed than the one that was
applicable at the time the penal offense was committed.
Article 12. No one shall be subjected to arbitrary interference with his privacy, family, home or
correspondence, nor to attacks upon his honor and reputation. Everyone has the right to the
protection of the law against such interference or attacks.
Article 14.
(1) Everyone has the right to seek and enjoy in other countries asylum from persecution.
(2) This right may not be invoked in the case of prosecutions genuinely arising from non-
political crimes or from acts contrary to the purposes and principles of the United
Nations.
3. Right to Privacy
Article 13.
(1) Everyone has the right to freedom of movement and residence within the borders of each
state.
(2) Everyone has the right to leave any country, including his own, and to return to his
country.
Article 15.
Article 16.
(1) Men and women of full age, without any limitation due to race, nationality or religion,
have the right to marry and found a family. They are entitled to equal rights as to
marriage, during marriage and at its dissolution.
(2) Marriage shall be entered into only with the free and full consent of the intending
spouses.
(3) The family is the natural and fundamental group unit of society and is entitled to
protection by society and the State.
Article 17.
(1) Everyone has the right to own property alone as well as in association with others
(2) No one shall be arbitrarily deprived of his property.
Article 18. Everyone has the right to freedom of thought, conscience and religion; this right
includes freedom to change his religion or belief, and freedom, either alone or in community
with others and in public or private, to manifest his religion or belief in teaching, practice,
worship and observance.
Article 19. Everyone has the right to freedom of opinion and expression; this right includes
freedom to hold opinions without interference and to seek, receive and impart information and
ideas through any media and regardless of frontiers.
Article 22. Everyone, as a member of society, has the right to social security and is entitled to
realization, through national effort and international cooperation and in accordance with the
organization and resources of each State, of the economic, social and cultural rights
indispensable for his dignity and the free development of his personality.
Article 23.
(1) Everyone has the right to work, to free choice of employment, to just and favorable
conditions of work and to protection against unemployment.
(2) Everyone, without any discrimination, has the right to equal pay for equal work.
(3) Everyone who works has the right to just and favorable remuneration ensuring for
himself and his family an existence worthy of human dignity, and supplemented, if
necessary, by other means of social protection.
(4) Everyone has the right to form and join trade unions for the protection of his interests.
Article 24. Everyone has the right to rest and leisure, including reasonable limitation of working
hours and periodic holidays with pay.
Article 25.
(1) Everyone has a right to a standard of living adequate for the health and well-being of
himself and of his family, including food, clothing, housing and medical care and
necessary social services, and the right to security in the event of unemployment,
sickness, disability, widowhood, old age or other lack of livelihood in circumstances
beyond his control.
(2) Motherhood and childhood are entitled to special care and assistance. All children,
whether born in or out of wedlock, shall enjoy the same social protection.
Article 26.
(1) Everyone has the right to education. Education shall be free, at least in the elementary
and fundamental stages. Elementary education shall be compulsory. Technical and
professional education shall be made generally available and higher education shall be
equally accessible to all on the basis of merit.
(2) Education shall be directed to the full development of the human personality and to the
strengthening of respect for human rights and fundamental freedoms. It shall promote
understanding, tolerance, and friendship among all nations, racial or religious groups,
and shall further the activities of the United Nations for the maintenance of peace.
(3) Parents have a prior right to choose the kind of education that shall be given to their
children.
Article 27.
(1) Everyone has the right freely to participate in the cultural life of the community, to enjoy
the arts and to share in scientific advancement and its benefits.
(2) Everyone has the right to the protection of the moral and material interests resulting
from any scientific, literary, or artistic production of which he is the author.
9. Development of Personality
Article 28. Everyone is entitled to a social and international order in which the rights and
freedoms set forth in this Declaration can be fully realized.
Article 29.
(1) Everyone has duties to the community in which alone the free and full development of
his personality is possible.
(2) In the exercise of his rights and freedoms, everyone shall be subject only to such
limitations as are determined by law solely for the purpose of securing due recognition
and respect for the rights and freedoms of others and of meeting the just requirements of
morality, public order and the general welfare in a democratic society.
(3) These rights and freedoms may in no case be exercised contrary to the purposes and
principles of the United Nations.
Article 30. Nothing in this Declaration may be interpreted as implying for any State, group or
person any right to engage in any activity or to perform any act aimed at the destruction of any
of the rights and freedoms set forth herein.
Article 20.
(1) Everyone has the right to freedom of peaceful assembly and association.
(2) No one may be compelled to belong to an association.
Article 21.
(1) Everyone has the right to take part in the government of his country, directly or through
freely chosen representatives.
(2) Everyone has the right of equal access to public service in his country.
(3) The will of the people shall be the basis of the authority of government; this will shall be
expressed in periodic and genuine elections which shall be by universal and equal
suffrage and shall be held by secret vote or by equivalent free voting procedures.
Composed of
1. The International Covenant on Economic, Social and Cultural Rights
(ICESCR)
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".
(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
(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.
(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.
(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
(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:
(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.
(2) a prisoner of war or any person deprived of liberty for reasons related to an
armed conflict;
(3) a civilian or any person not taking a direct part or having ceased to take part
in the hostilities in the power of the adverse party;
(4) a person who, before the beginning of hostilities, was considered a stateless
person or refugee under the relevant international instruments accepted by the
parties to the conflict concerned or under the national legislation of the state of
refuge or state of residence;
(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.
(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:
(5) Willfully depriving a prisoner of war or other protected person of the rights of
fair and regular trial;
(1) Violence to life and person, in particular, willful killings, mutilation, cruel
treatment and torture;
(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:
(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;
(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;
(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;
(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;
(14) Destroying or seizing the enemy's property unless such destruction or seizure
is imperatively demanded by the necessities of war;
(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;
even if they were in the belligerent's service before the commencement of the
war;
(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:
(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:
(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
(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:
(b) Extermination;
(c) Enslavement;
(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;
(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
(2) Orders, solicits or induces the commission of such a crime which in fact
occurs or is attempted;
(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.
(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
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
(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.
(a) The court shall follow the principles relating to the reparations to, or in respect of,
victims,including restitution, compensation and rehabilitation. On this basis, in its
decision, the court may, wither upon request or on its own motion in exceptional
circumstances, determine the scope and extent of any damage, loss and injury to, or in
respect of, victims and state the principles on which it is acting;1avvphi1
(b) The court may make an order directly against a convicted person specifying
appropriate reparations to, or in respect of, victims, including restitution, compensation
and rehabilitation; and
(c) Before making an order under this section, the court may invite and shall take
account of representations from or on behalf of the convicted person, victims or other
interested persons.
Nothing in this section shall be interpreted as prejudicing the rights of victims under national or
international law.
CHAPTER VII
Applicability of International Law and Other Laws
(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;
(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:
(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.
Section 18. Philippine Court, Prosecutors and Investigators. - The Regional Trial Court of the
Philippines shall have original and exclusive jurisdiction over the crimes punishable under this
Act. Their judgments may be appealed or elevated to the Court of Appeals and to the Supreme
Court as provided by law.
The Supreme Court shall designate special courts to try cases involving crimes punishable under
this Act. For these cases, the Commission on Human Rights, the Department of Justice, the
Philippine National Police or other concerned law enforcement agencies shall designate
prosecutors or investigators as the case may be.
The State shall ensure that judges, prosecutors and investigators, especially those designated for
purposes of this Act, receive effective training in human rights, International Humanitarian Law
and International Criminal Law.
CHAPTER IX
FINAL PROVISIONS
Section 19. Separability Clause. - If, for any reason or reasons, any part or provision of this
Statute shall be held to be unconstitutional or invalid, other parts or provisions hereof which are
not affected thereby shall continue to be in full force and effect.
Section 20. Repealing Clause. - All laws, presidential decrees and issuances, executive orders,
rules and regulations or parts thereof inconsistent with the provisions of this Statute are hereby
repealed or modified accordingly.
Section 21. Effectivity. - This Act shall take effect fifteen (15) days after its complete
publication in the Official Gazette or in two (2) newspapers general circulation.