QuestionsQuestions (Republic Act No. 9851)
It is known as 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 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.
It includes any use of force or armed violence between States, or protracted armed violence between governmental authorities and organized armed groups (or between such groups within a State), giving rise to situations covered by the Geneva Conventions (including common Article 3). It excludes internal disturbances or tensions such as riots, isolated and sporadic acts of violence, and other similar acts.
It is a course of conduct involving the multiple commission of acts referred to in Section 6 against any civilian population, done pursuant to or in furtherance of a State or organizational policy to commit such attack.
They include grave breaches of the Geneva Conventions: willful killing; torture or inhuman treatment (including biological experiments); willfully causing great suffering or serious injury; extensive destruction/appropriation not justified by military necessity and carried out unlawfully and wantonly; willful deprivation of POW or protected persons’ fair and regular trial rights; arbitrary deportation or forcible transfer or unlawful confinement; taking of hostages; compelling POW/protected person to serve in hostile forces; and unjustifiable delay in repatriation.
They include violence to life and person (willful killings, mutilation, cruel treatment, torture); outrages upon personal dignity (humiliating/degrading treatment); taking of hostages; and passing sentences/carrying out executions without prior judgment by regularly constituted court affording all judicial guarantees. Also included are serious violations of the laws and customs applicable in armed conflict as enumerated in Section 4.
Genocide means specified acts committed with intent to destroy, in whole or in part, a protected group (national, ethnic, racial, religious, social or similar stable and permanent group) as such.
Killing members of the group; causing serious bodily or mental harm; deliberately inflicting conditions of life calculated to bring about physical destruction; imposing measures intended to prevent births; and forcibly transferring children of the group to another group.
Yes. Section 5(b) makes it unlawful for any person to directly and publicly incite others to commit genocide.
They are specified acts committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack.
Base penalty: reclusion temporal in its medium to maximum period plus a fine of PHP 100,000–PHP 500,000. If justified by extreme gravity (especially when results in death/serious physical injury or constitutes rape): reclusion perpetua plus a fine of PHP 500,000–PHP 1,000,000. Inciting genocide (Section 5(b)): prision mayor in its minimum period plus a fine of PHP 10,000–PHP 20,000.
They are not subject to prescription—prosecution and execution of sentences imposed on their account shall not be barred by prescription.
When the superior has effective command/control (or authority/control) and the superior either knew or should have known that subordinates were committing or about to commit such crimes, and failed to take all necessary and reasonable measures to prevent/repress the crimes or submit the matter to competent authorities.
An accused is not relieved unless: (1) the person was under a legal obligation to obey; (2) the person did not know the order was unlawful; and (3) the order was not manifestly unlawful. Orders to commit genocide or other crimes against humanity are manifestly unlawful.
Jurisdiction is exercised over persons suspected or accused of crimes under the Act regardless of where committed if: the accused is a Filipino citizen; or the accused (regardless of citizenship/residence) is present in the Philippines; or the accused committed the crime against a Filipino citizen. Under Section 18, the Regional Trial Court has original and exclusive jurisdiction.