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 State renounces war as an instrument of national policy, adopts international law principles as part of Philippine law, guarantees respect for human rights including those of vulnerable groups, and emphasizes peaceful resolution of armed conflict, protection of victims, and fair trial standards.
Armed conflict means any use of force or armed violence between States or between governmental authorities and organized armed groups within a state, which gives rise to a situation governed by the Geneva Conventions of 1949, including their common Article 3. It excludes internal disturbances like riots or sporadic acts of violence.
War crimes include grave breaches of the Geneva Conventions such as willful killing, torture, inhuman treatment, unlawful destruction of property, taking hostages, and serious violations in both international and non-international armed conflicts, including directing attacks against civilians or civilian objects and using prohibited means of warfare.
Genocide includes acts committed with intent to destroy, in whole or in part, a national, ethnic, racial, religious, social or similar group, such as killing, causing serious harm, inflicting destructive conditions, preventing births, and forcibly transferring children of the group.
They include widespread or systematic attacks against civilian populations involving acts such as willful killing, extermination, enslavement, arbitrary deportation, torture, sexual violence, persecution, enforced disappearance, apartheid, and other inhumane acts causing great suffering or serious injury.
Penalties include reclusion temporal (medium to maximum period) and fines from Php 100,000 to Php 500,000. In extreme cases, reclusion perpetua and fines up to Php 1,000,000 may be imposed. Inciting genocide carries prision mayor with fines from Php 10,000 to Php 20,000 plus accessory penalties and forfeiture of ill-gotten assets.
No, official capacity as a head of state, government official, or other positions does not exempt a person from criminal responsibility. Immunities do not bar jurisdiction except for constitutional immunity like that of the Philippine President during tenure.
Superiors are criminally liable for crimes committed by subordinates if they knew or should have known about the crimes and failed to prevent, repress, or submit the matter for investigation or prosecution, based on their effective command and control.
No, crimes defined and penalized under RA 9851 do not prescribe; prosecution and execution of sentences shall not be subject to any prescription.
Only if the person was under legal obligation to obey, did not know the order was unlawful, and the order was not manifestly unlawful. Orders to commit genocide or crimes against humanity are considered manifestly unlawful.
Victims and witnesses' safety, dignity, privacy, and well-being must be protected with consideration of age, gender, and crime nature; court may conduct in-camera proceedings, allow special evidence presentation, and allow victims’ views to be heard without prejudice to the accused's rights.
Philippine courts have jurisdiction if the accused is a Filipino citizen, is present in the Philippines, or committed the crime against a Filipino citizen, regardless of where the crime occurred. The Regional Trial Court has original and exclusive jurisdiction with designated special courts for trials.
Philippine courts shall be guided by international treaties like the Geneva Conventions, the 1948 Genocide Convention, customary international law, international tribunal decisions, international human rights instruments, and teachings of qualified publicists in interpreting the Act.
The separability clause provides that other parts or provisions of the Act not affected shall continue in full force and effect.