REPUBLIC ACT NO.

9851
AN ACT DEFINING AND PENALIZING
CRIMES AGAINST INTERNATIONAL
HUMANITARIAN LAW, GENOCIDE AND
OTHER CRIMES AGAINST HUMANITY,
ORGANIZING JURISDICTION,
DESIGNATING SPECIAL COURTS, AND
FOR RELATED PURPOSES
 WHAT IS APARTHEID?
Definition
Inhumane acts committed in the context of
an institutionalized regime of systematic
oppression and domination by one racial
group or groups committed with the
intention of maintaining regime
 ARBITRARY DEPORTATION OR FORCIBLE
TRANSFER OF POPULATION
Definition
Forced displacement of the persons
concerned by expultion by expulsion or other
coercive acts from the area in which they are
lawfully present, without grounds permitted
under domestic or international law
 ARMED CONFLICT
Definition
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.
ARMED FORCES
Definition 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.
ATTACK DIRECTED AGAINST ANY CIVILIAN
POPULATION
Definition
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.
 SECTION 6 - OTHER CRIMES AGAINST
HUMANITY
Definition

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:
[Link] killing
[Link]
[Link]
[Link] deportation or forcible transfer of
population
[Link] or other severe deprivation
of physical liberty in violation of
fundamental rules of international law
[Link]
[Link], sexual slavery, enforced prostitution,
forced pregnancy, enforced sterilization, or
any other form of sexual violence of
comparable gravity
[Link] 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.

9. Enforced or involuntary disappearance of persons

10. Apartheid

11. Other inhumane acts of a similar character

intentionally causing great suffering, or serious injury to
body or to mental or physical health.
 EFFECTIVE COMMAND AND CONTROL OR
EFFECTIVE AUHORITY AND CONTROL
Definition

Having the material ability to prevent and

punish the commission of offenses by
subordinates.
ENFORCED OR INVOLUNTARY DISAPPEARANCE
OF PERSONS
Definition
The arrest, detention, or abduction of persons by, or with
the authorization support or acquiescence of, a State or
a political organization followed by a refusal to
acknowledge that deprivation of freedom or to give
information on the fate or whereabouts of those
persons, with the intention of removing from the
protection of the law for a prolonged period of time.
 ENSLAVEMENT
Definition

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.
 EXTERMINATION
Definition

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.
 FORCED PREGNANCY
Definition

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.
 HORS de COMBAT
Definition
A person who:
a. is in the power of an adverse party
b. Has clearly expressed an intention to surrender;
or
c. Has been rendered unconscious or otherwise
incapacitated by wounds or sickness and therefore
is incapable of defending himself: Provided, that in
any of these cases, the person form any hostile act
and does not attempt to escape.
 MILITARY NECESSITY
Definition

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.
 NON-DEFENDED LOCALITY
Definition
Locality that fulfills the following conditions:
a. All combatants, as well as mobile weapons and
mobile military equipment, must have been
evacuated
b. No hostile use of fixed military installations or
establishments must have been made
c. no acts of hostility must have been committed
by the authorities or by the population; and
d. no activities in support of military operations,
must have been undertaken.
 NO QUARTER WILL BE GIVEN
Definition

Refusing to spare the life of anybody, even of persons

manifestly unable to defend themselves or who clearly
express their intention to surrender.
 PERFIDY
Definition

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 the confidence, including but not limited to:
a. feigning an intent to negotiate under a flag of truce

b. feigning surrender

c. feigning incapacitation by wounds or sickness

d. feigning civilian or noncombatant status, and

e. 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.
 PERSECUTION
Definition

The international and severe deprivation of

fundamental rights contrary to international law by
reason of identity of the group or collectivity.
 PROTECT PERSON
Definition
in an armed conflict means:

a.) a person wounded, sick or shipwrecked, whether

civilian or military
b.) a prisoner of war or any person deprived of liberty
for reasons related to an armed conflict
c.) a civilian or any person taking a direct part or having
ceased to take part in the hostilities in the power of the
adverse party.
d.) 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.

e.) a member of the medical personnel assigned

exclusively to medical purposes or to the
administration of medical units or to the operation of or
administration of medical transports; or
f.) 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.
 SUPERIOR
Definition

a.) a military commander or a person effectively acting

as a military commander; and

b.) any other superior, in as much as the crimes arose

from activities within the effective authority and control
of the superior.
 TORTURE
Definition

The intentional infliction of severe pain or suffering,

whether physical , mental, or psychological, upon a
person in the custody of 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.
 WORKS AND INSTALLATIONS
CONTAINING DANGEROUS FORCES
Definition
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.
 STATE POLICIES
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.

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.
 STATE POLICIES

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”

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
 STATE POLICIES

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 perpertrators
of these crimes and thus contribute to the
prevention of such crimes, it being the duty of the
every State to exercise its criminal jurisdiction over
those responsible for international crimes
 STATE POLICIES

The States 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 also protect ensure
that the legal systems in place provide accessible
and gender-sensitive avenues of redress for victims
of armed conflict, and
 STATE POLICIES

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.
 CATEGORIES OF CRIMES
1. WAR CRIMES OR CRIMES AGAINST
INTERNATIONAL HUMANITARIAN LAW:
a.) International Armed Conflict
b.) Non-International Armed Conflict
c.) Other Serious Violations in an Armed
Conflict

2. GENOCIDE

3. OTHER CRIMES AGAINST HUMANITY

 WAR CRIMES
A. International Armed Conflict
Willful Killing
Torture or inhuman treatment, including
biological experiments
Willfully causing great suffering or
serious injury to body or health
Extensive destruction and appropriation
of property not justified by military
necessity and carried out unlawfully and
wantonly
 WAR CRIMES
A. International Armed Conflict
Willfully depriving a Prisoner of War
or other protected person of the
rights of fair and regular trial
Arbitrary deportation or forcible
transfer of population or unlawful
confinement
Taking of hostages
 WAR CRIMES
B. Non-International Armed Conflict
Violence to life and person, in particular willful
killings, mutilation cruel treatment and torture
Committing outrages upon personal dignity, in
particular, humiliating and degrading treatment
Taking of hostages; and
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.
 WAR CRIMES
C. Other Serious Violations of the Laws
and Customs in Armed Conflict

Intentionally directing attacks against the civilian

population as such or against individual civilians
not taking direct part in hostilities

Intentionally directing attacks against civilian

objects, that is, object which are not military
objectives
 WAR CRIMES

C. Other Serious Violations of the Laws

and Customs in Armed Conflict

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 international law
 WAR CRIMES

C. Other Serious Violations of the Laws

and Customs in Armed Conflict

Intentionally directing attacks against personnel,

installations, material, units or vehicles involved in
a humanitarian assistance or peacekeeping
mission in accordance with the Charter of the
United Nations, as long as they are entitled to the
protection given to civilians or civilian objects
under the international law of armed conflict
 WAR CRIMES

C. Other Serious Violations of the Laws

and Customs in Armed Conflict

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
 WAR CRIMES

C. Other Serious Violations of the Laws

and Customs in Armed Conflict

Launching an attack against works or installations

containing dangerous forces in the knowledge
that such attack will cause excessive loss of life,
injury to civilians or damage to civilian objects,
and causing death or serious injury to body or
health
 WAR CRIMES

C. Other Serious Violations of the Laws

and Customs in Armed Conflict

Attacking or bombarding, by whatever means,

towns, villages, dwellings or buildings which are
undefended and which are not military objectives
or making non-defended localities or
demilitarized zones the object of attack
 WAR CRIMES

C. Other Serious Violations of the Laws

and Customs in Armed Conflict

Killing or wounding a person in the knowledge

that he/she is hors de combat, including a
combatant who, having laid down his/her arms or
no longer having means of defense, has
surrendered at discretion.
 WAR CRIMES

C. Other Serious Violations of the Laws

and Customs in Armed Conflict

Making improper use of 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.
 WAR CRIMES

C. Other Serious Violations of the Laws

and Customs in Armed Conflict

Intentionally directing attacks against buildings

dedicated to religion, education, art, science or
charitable purposes, historic monuments, hospitals and
places where the sick and wounded are collected,
provided they are not military objectives. In case of
doubt whether such building or place has been used to
mare an effective contribution to military action, it shall
be presumed not to be so used.
 WAR CRIMES

C. Other Serious Violations of the Laws

and Customs in Armed Conflict

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.
 WAR CRIMES

C. Other Serious Violations of the Laws

and Customs in Armed Conflict

Killing, wounding or capturing an adversary by resort to

perfidy

Declaring that no quarter will be given

Destroying or seizing the enemy’s property unless such

destruction or seizure is imperatively demanded by the
necessities of war
 WAR CRIMES

C. Other Serious Violations of the Laws

and Customs in Armed Conflict

Pillaging a town or place, even when taken by assault

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
 WAR CRIMES

C. Other Serious Violations of the Laws

and Customs in Armed Conflict

Transferring, directly or indirectly, by the occupying

power of parts of its own civilian population into the
territory it occupies, or the deportation or transfer of all
or parts of the population of the occupied territory
within or outside this territory
 WAR CRIMES

C. Other Serious Violations of the Laws

and Customs in Armed Conflict
Committing outrages upon personal dignity, in particular,
humiliating and degrading treatments
Committing rape, sexual slavery, enforced prostitution,
forced pregnancy, enforced sterilization, or any other
form of sexual violence also constituting a grave breach
of the Geneva Conventions or a serious violation of
common Article 3 to the Geneva Conventions
 WAR CRIMES

C. Other Serious Violations of the Laws

and Customs in Armed Conflict
Utilizing the presence of a civilian or other protected
person to render certain points, areas or military forces
immune from military operations
Intentionally using starvation of civilians as a method of
warfare by depriving them of objects indispensable to their
survival, including willfully impeding relief supplies as
provided for under the Geneva Conventions and their
Additional Protocols
 WAR CRIMES

C. Other Serious Violations of the Laws

and Customs in Armed Conflict

In an international armed conflict, compelling the

nationals of the hostile party to take part in the
operations of war directed against their own country,
even if they were in the belligerent’s service before the
commencement of the war
 WAR CRIMES

C. Other Serious Violations of the Laws

and Customs in Armed Conflict

In an International armed conflict, declaring

abolished, suspended or inadmissible in a court of
law the rights and actions of the nationals of the
hostile party
 WAR CRIMES

C. Other Serious Violations of the Laws

and Customs in Armed Conflict
Committing any of the following acts:
Conscripting, enlisting or recruiting children under the
age of fifteen (15) years into the national armed forces

Conscripting, enlisting or recruiting children under the

age of eighteen (18) years into an armed force or group
other than the national armed forces; and
 WAR CRIMES

C. Other Serious Violations of the Laws

and Customs in Armed Conflict
Committing any of the following acts:

Using children under the age of eighteen (18) years to

participate actively in hostilities;
 WAR CRIMES
C. Other Serious Violations of the Laws
and Customs in Armed Conflict
Employing means of warfare which are prohibited under
international law, such as:

a.) Poison or poisoned weapons

b.) Asphyxiating, poisonous or other gases, and all

analogous liquids, materials or devices
 WAR CRIMES
C. Other Serious Violations of the Laws
and Customs in Armed Conflict
Employing means of warfare which are prohibited under
international law, such as:

c.) 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
 WAR CRIMES
C. Other Serious Violations of the Laws
and Customs in Armed Conflict
Employing means of warfare which are prohibited under
international law, such as:

d.) Weapons, projectiles and material and methods of

warfare which are of the nature to cause superfluous
injury or unnecessary suffering or which are inherently
indiscriminate in violation of the international law of
armed conflict
 ELEMENTS OF WAR CRIMES
CONSTANT ELEMENTS:
Perpetrators are police or military
Act takes place in an armed conflict

VARIABLE ELEMENTS:
Act takes place in the context of an international or
non-international armed conflict (Section 4 (a or b)
RA 9851
The act is a serious violation of law or custom in
armed conflict (Section 4, ( c) RA 9851)
 GENOCIDE
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:

Killing members of the group

Causing serious bodily or mental harm to
members of the group
Deliberately inflicting on the group conditions
of life calculated to bring about its physical
destruction in whole or in part
 GENOCIDE
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:

Imposing measures intended to prevent births

within the group; and
Forcibly transferring children of the group to
another group
 OTHER CRIMES AGAINST HUMANITY

Acts when committed as part of a widespread or

systematic attack directed against any civilian
population, with knowledge of the attack:

Willful killing
Extermination
Enslavement
Arbitrary deportation or forcible transfer of
population
 OTHER CRIMES AGAINST HUMANITY

Acts when committed as part of a widespread or

systematic attack directed against any civilian
population, with knowledge of the attack:

Imprisonment or other severe deprivation of

physical liberty in violation of fundamental
rules of international law

Torture
 OTHER CRIMES AGAINST HUMANITY

Acts when committed as part of a widespread or

systematic attack directed against any civilian
population, with knowledge of the attack:

Rape, sexual slavery, enforced prostitution,

forced pregnancy, enforced sterilization, or
any other form of sexual violence of
comparable gravity
 OTHER CRIMES AGAINST HUMANITY

Acts when committed as part of a widespread or

systematic attack directed against any civilian
population, with knowledge of the attack:

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.
 OTHER CRIMES AGAINST HUMANITY

Acts when committed as part of a widespread or

systematic attack directed against any civilian
population, with knowledge of the attack:

Enforced or involuntary disappearance of persons

Apartheid; and

Other inhumane acts of a similar character

intentionally causing great suffering, or serious
injury to body or to mental or physical health.
 PERSONS PROTECTED BY
INTERNATIONAL HUMANITARIAN LAW

Civilians, especially children

Persons Hors de Combat
Prisoners or parties to an armed conflict, or
persons who have surrendered
Medical, Humanitarian missions
Religious Personnel of armed forces
Combatants
 PRINCIPLES OF CRIMINAL LIABILITY
A. INDIVIDUAL CRIMINAL RESPONSIBILITIES:
AS PRINCIPAL:

1. Commits such a crime, whether as an

individual, jointly with another or through
another person, regardless of whether that
other person is criminally responsible.

2. Orders, solicits or induces the commission of

such a crime which in fact occurs or is attempted.
 PRINCIPLES OF CRIMINAL LIABILITY
A. INDIVIDUAL CRIMINAL RESPONSIBILITIES:

AS PRINCIPAL:

3. In any other way contributes to the commission

or attempted commission of such a crime by a
group of person acting with a common purpose.
Such contribution shall be intentional and shall
either:
PRINCIPLES OF CRIMINAL LIABILITY

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

[Link] made in the knowledge of the intention of

the group to commit the crime.
PRINCIPLES OF CRIMINAL LIABILITY

As accomplice:

4. For facilitating the commission of a crime

5. Attempts to commit a crime

PRINCIPLES OF CRIMINAL LIABILITY

IRRELEVANCE OF OFFICIAL CAPACITY

The Act shall apply to all and no public or

government official shall in no case exempt
a person from criminal responsibility under
this Act.
PRINCIPLES OF CRIMINAL LIABILITY

RESPONSIBILITY OF SUPERIORS

As principal for crimes committed by

subordinates under his command for his
failure to exercise control over such
subordinates.
PRINCIPLES OF CRIMINAL LIABILITY

ORDERS FROM A SUPERIOR

It shall not relieve criminal responsibility

 PROTECTION OF VICTIMS AND
WITNESSES
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.
 PROTECTION OF VICTIMS AND
WITNESSES

These measures shall not be prejudicial to or

inconsistent with the rights of the accused and to a fair
and impartial trial.
 PROTECTION OF VICTIMS AND
WITNESSES
b.) As an exception to the general principle of public
hearings, the court may, to protect the victims and
witnesses or an accused, induct 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.
 PROTECTION OF VICTIMS AND
WITNESSES
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
 PROTECTION OF VICTIMS AND
WITNESSES
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.
 REPARATIONS TO VICTIMS

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, whether 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
 REPARATIONS TO VICTIMS

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.
 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).
 PENALTIES

When justified by the extreme gravity of the crime,

especially where the commission 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.
 PENALTIES

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).
 PENALTIES

In addition, the court shall order the forfeiture of

proceeds, property and assets derived, directly or
indirectly, from the crime, without prejudice to the rights
of bonafide 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.
 APPLICABILITY OF INTERNATIONAL
LAW AND OTHER LAWS
a.) The 1948 Genocide Convention

b.) The 1949 Geneva 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 on the involvement
 APPLICABILITY OF INTERNATIONAL
LAW AND OTHER LAWS
d.) The 1989 Convention on the Rights of the Child
and its 2000 Optional Protocol and its 1999
Second Protocol

e.) The rules and principles of customary

international law

f.) The judicial decisions of international courts and

tribunals
 APPLICABILITY OF INTERNATIONAL
LAW AND OTHER LAWS
d.) The 1989 Convention on the Rights of the Child
and its 2000 Optional Protocol and its 1999
Second Protocol

e.) The rules and principles of customary

international law

f.) The judicial decisions of international courts and

tribunals
 APPLICABILITY OF INTERNATIONAL
LAW AND OTHER LAWS
g.) Relevant and applicable international human rights
instruments;

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
the rules of international law.
 JURISDICTION
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:

a. The accused is a Filipino Citizen

b. The accused, regardless of citizenship or
residence, is present in the Philippines; or
[Link] accused has committed the said crime
against a Filipino citizen.
 JURISDICTION OF STATE
The basis of jurisdiction of states can be
categorized into several key principles, each
delineating the circumstances under which a state
may assert its authority. These principles include:

1. Territorial Jurisdiction

Subjective Territoriality
Objective Territoriality
 JURISDICTION OF STATE

2. Nationality or Active Personality Principle

3. Passive Personality Principle

4. Protective Principle

5. Universal Jurisdiction
 LIMITATIONS ON JURISDICTION

Sovereignty

Non-intervention principle

Diplomatic immunities

State immunity
 G.R. NO. 238875,
March 16, 2021
SENATORS FRANCIS “Kiko” N. PANGILINAN,
FRANKLIN [Link], PAOLO BENIGNO “Bam”
AQUINO IV, LEILA M. DE LIMA, RISA HONTIVEROS,
ANTONIO “Sonny” F. TRILLANES IV, petitioners,
versus
ALAN PETER S. CAYETANO, SALVADOR C.
MEDIALDEA, TEODORO L. LOCSIN, JR., AND
SALVADOR S. PANELO, respondents.
 G.R. NO. 239483,
March 16, 2021
PHILIPPINE COALITION FOR THE INTERNATIONAL CRIMINAL
COURT (PCICC), LORETTA ANN P. ROSALES, DR. AURORA
SERRANO, JOSE NOEL D. OLANO, REBECCA DESIREE E. LOZADA,
EDELIZA P. HERNANDEZ, ANALIZA T. UGAY, NIZA CONCEPCION
ARAZAS, GLORIA ESTER CATIBAYAN-GUARIN, RAY PAOLO “Arpee”
J. SANTIAGO, GILBERT TERUEL ANDRES AND AXLE P. SIMEON,
PETITIONERS,
versus
OFFICE OF THE EXECUTIVE SECRETARY REPRESENTED BY
HON. ALAN PETER CAYETANO, AND THE PERMANENT MISSION
OF THE REPUBLIC OF THE PHILIPPINES TO THE UNITED
NATIONS, REPRESENTED BY HON. TEODORO LOCSIN, JR.,
respondents.
 G.R. NO. 240954,
March 16, 2021
INTEGRATED BAR OF THE PHILIPPINES, petitioner,

versus

OFFICE OF THE EXECUTIVE SECRETARY REPRESENTED BY

HON. SALVADOR C. MEDIALDEA, THE DEPARTMENT OF
FOREIGN AFFAIRS, REPRESENTED BY HON. ALAN PETER
CAYETANO AND THE PERMANENT MISSION OF THE
REPUBLIC OF THE PHILIPPINES TO THE UNITED NATIONS,
REPRESENTED BY HON. TEODORO LOCSIN, JR., respondents.
THANK
YOU