Question & AnswerQ&A (Republic Act No. 9851)
The short title of Republic Act No. 9851 is the "Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity."
The Philippines renounces war as an instrument of national policy, adopts principles of international law as part of the law of the land, values human dignity, guarantees human rights including vulnerable groups, resolves armed conflict to promote peace, ensures prosecution of international crimes, guarantees fair trials, protects victims and witnesses, and does not imply legal status recognition of conflict parties by this Act.
Armed conflict means any use of force or armed violence between states or between governmental authorities and organized armed groups or among such groups within a state, giving rise to situations to which the Geneva Conventions apply. It can be international or non-international, but does not cover internal disturbances like riots or isolated sporadic violence.
In an international armed conflict, war crimes include grave breaches such as willful killing, torture, inhuman treatment, causing great suffering or serious injury, unlawful destruction or appropriation of property, denying fair trial rights, arbitrary deportation, taking hostages, compelling POWs to serve hostile powers, and unjustifiable delay in repatriation of protected persons.
Genocide means any acts committed with intent to destroy, in whole or in part, a national, ethnic, racial, religious, social or similar group by killing members, causing serious bodily or mental harm, deliberately imposing destructive conditions, preventing births, or forcibly transferring children to another group.
They include willful killing, extermination, enslavement, arbitrary deportation, severe imprisonment, torture, sexual violence such as rape and enforced pregnancy, persecution, enforced disappearance, apartheid, and other acts causing serious suffering when committed as part of a widespread or systematic attack against civilian population.
Convicted persons shall suffer reclusion temporal (medium to maximum) and a fine from PHP 100,000 to PHP 500,000. For extreme crimes resulting in death, serious injury or rape, reclusion perpetua and fines from PHP 500,000 to PHP 1,000,000 apply. Incitement to commit genocide carries prision mayor and fines. The court may also order forfeiture of proceeds and impose accessory penalties.
A person is liable as principal if they commit, order, induce, or contribute intentionally to the commission of the crime. They are liable as accomplice if they aid or assist. Attempting a crime can result in liability unless the person voluntarily abandons the effort.
No, official capacity, including head of state or government, members of parliament, or government officials, does not exempt a person from criminal responsibility. However, immunities under Philippine law may not bar jurisdiction, and international law immunities apply within their bounds.
A superior is criminally responsible if they knew or should have known of crimes by subordinates under their effective control and failed to prevent, repress or report them to authorities.
No, the crimes defined under this Act, their prosecution, and execution of sentences are not subject to any prescription.
Generally no. A person may be relieved only if the order was lawful, the person was obliged to obey, did not know it was unlawful, and the order was not manifestly unlawful. Orders to commit genocide or crimes against humanity are manifestly unlawful.
The law requires measures to protect safety, dignity, and privacy considering age, gender, and crime nature. Courts may conduct in-camera hearings, permit evidence by electronic means, consider victim views through legal reps, and withhold evidence that endangers witnesses’ security, ensuring rights of accused and fairness.
Courts may order reparations including restitution, compensation, and rehabilitation directly against convicted persons. They may determine scope of damages and consider representations from victims, convicted persons, or interested parties, without prejudicing other legal rights of victims.
The law is guided by the 1948 Genocide Convention, 1949 Geneva Conventions and Protocols, 1954 Hague Convention, 1989 Convention on the Rights of the Child and its Optional Protocol, customary international law, judicial decisions of international courts, international human rights instruments, other ratified treaties, and teachings of publicists and authoritative commentaries.
The Regional Trial Courts have original and exclusive jurisdiction. The Supreme Court designates special courts for such cases. The law applies regardless of where the crime was committed if the accused is a Filipino citizen, is present in the Philippines, or the crime was committed against a Filipino.
The Commission on Human Rights, Department of Justice, Philippine National Police, and other law enforcement agencies designate prosecutors and investigators. Judges, prosecutors, and investigators receive training in human rights, International Humanitarian Law, and International Criminal Law.