QuestionsQuestions (Republic Act No. 9851)
RA 9851 is known as the “Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity.”
It includes (1) use of force or armed violence between States, or (2) protracted armed violence between governmental authorities and organized armed groups or between such groups within a State, and where the situation gives rise to the Geneva Conventions (including common Article 3). It excludes internal disturbances or tensions such as riots, isolated and sporadic acts of violence, and similar acts.
A person is “hors de combat” if they are in the power of an adverse party; have clearly expressed an intention to surrender; or are rendered unconscious/incapacitated by wounds or sickness and cannot defend themselves—provided the person does not commit hostile acts or attempt to escape.
It means having the material ability to prevent and punish the commission of offenses by subordinates.
Genocide consists of specified acts (e.g., killing, causing serious harm, inflicting life conditions intended to destroy, preventing births, forcibly transferring children) committed with the intent to destroy, in whole or in part, a protected group as such.
Direct and public incitement of others to commit genocide.
It refers to enumerated acts (e.g., willful killing, extermination, enslavement, deportation/forcible transfer, imprisonment, torture, sexual violence, persecution, enforced disappearance, apartheid, other inhumane acts) committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack.
For international armed conflict, it covers “grave breaches” of the 1949 Geneva Conventions against protected persons/property. For non-international armed conflict, it covers “serious violations” of common Article 3 to the Geneva Conventions and other serious violations of the laws and customs applicable in armed conflict within the framework of international law.
Examples include willful killing; torture or inhuman treatment; willfully causing great suffering or serious injury; extensive destruction and appropriation of property not justified by military necessity; taking of hostages; and unlawful confinement or arbitrary deportation/forcible transfer.
For most acts under Sections 4–6: reclusion temporal in its medium to maximum period and a fine of PHP 100,000 to PHP 500,000. If justified by extreme gravity (e.g., results in death or serious physical injury, or constitutes rape), then reclusion perpetua and a fine of PHP 500,000 to PHP 1,000,000.
Prision mayor in its minimum period and a fine of PHP 10,000 to PHP 20,000.
Yes. Official capacity is irrelevant for criminal responsibility; it does not exempt a person from liability nor, by itself, reduce sentence. Only certain constitutional immunities (notably the President during tenure) and limits from international law immunities may affect procedure within established bounds.
A superior is responsible if (1) the superior knew or should have known that subordinates were committing or about to commit the crimes, and (2) the superior failed to take all necessary and reasonable measures within their power to prevent or repress the crimes or to submit the matter to competent authorities for investigation and prosecution.
There is non-prescription: prosecution and execution of sentences are not subject to prescription.
Relief applies only if: (1) the person was under a legal obligation to obey the order; (2) the person did not know the order was unlawful; and (3) the order was not manifestly unlawful. Importantly, orders to commit genocide or other crimes against humanity are considered manifestly unlawful.
The State exercises jurisdiction over persons suspected or accused of crimes under the Act regardless of where committed if any of these applies: (1) the accused is a Filipino citizen; (2) the accused is present in the Philippines regardless of citizenship/residence; or (3) the accused committed the crime against a Filipino citizen.
The Regional Trial Court has original and exclusive jurisdiction. The Supreme Court designates special courts to try cases involving crimes punishable under the Act.