Domestic application of international criminal law
Republic of the Philippines
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Crimes Crime of Aggression
No Provision.
Crimes Against Humanity
Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity. (Chapter III "Crimes against International Humanitarian Law, Genocide and other Crimes Against Humanity", Sections 6 and 5)
Republic Act No. 9851, Metro Manila, 27 July 2009. (Enacted into law on 11 December 2009; Date of entry into force: 16 March 2010). [ENG]Genocide
Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity. (Chapter III "Crimes against International Humanitarian Law, Genocide and other Crimes Against Humanity", Section 5)
Republic Act No. 9851, Metro Manila, 27 July 2009. (Enacted into law on 11 December 2009; Date of entry into force: 16 March 2010). [ENG]War Crimes
Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity. (Sections 3, 4 and 15)
Republic Act No. 9851, Metro Manila, 27 July 2009. (Enacted into law on 11 December 2009; Date of entry into force: 16 March 2010). [ENG]Amnesties:
Proclamation No. 377 amending Proclamation No. 348 granting amnesty to certain personnel of the Armed Forces of the Philippines and Philippine National Police.
Proclamation No. 377, s. 1994. 10 May 1994. [ENG]
Proclamation No. 348 granting amnesty to certain personnel of the Armed Forces of the Philippines and Philippine National Police who have or may have committed certain acts or omissions punishable under the revised Penal Code, the Articles of War, or other Special Laws, committed in furtherance of, incident to or in connection with counter-insurgency operations.
Proclamation No. 348, s. 1994. 25 March 1994. [ENG]
Proclamation No. 347 granting amnesty to rebels, insurgents, and all other persons who have or may have committed crimes against public order, other crimes committed in furtherance of political ends, and violations of the articles of war, and creating a National Amnesty Commission.
Proclamation No. 347, s. 1994. 25 March 1994. [ENG]
Executive Order No. 88 Amending Executive Order No. 81 dated 12 April 1993 and Transferring the Functions Provided therein to the National Reconciliation and Development Council from the National Unification Commission.
Executive Order No. 88, s. 1993. 12 May 1993. [ENG]
Proclamation No. 10-A amending Proclamation No. 10 on the granting amnesty in favor of persons who have filed or will file applications for amnesty under Executive Order No. 350, series of 1989.
Proclamation No. 10-A, s. 1992. 28 July 1992. [ENG]
Proclamation No. 10 granting amnesty in favor of persons who have filed or will file applications for amnesty under Executive Order No. 350, series of 1989.
Proclamation No. 10, s. 1992. 27 July 1992. [ENG]
Executive Order No. 350 providing guidelines in the processing of amnesty manifestation forms of rebel returnees.
Executive Order No. 350, s. 1989. 13 March 1989. [ENG]Peace and Order Council:
Executive Order No. 320 Amending Executive Order No. 309, S. 1987, Entitled “Reorganizing the Peace and Order Council”, as Amended by Executive Order No. 317, s. 1988.
Executive Order No. 320, s. 1988. 11 March 1988. [ENG]
Executive Order No. 317 Amending Sections 1, 3 and 4 of Executive Order No. 309, s. 1987 Entitled “Reorganizing the Peace and Order Council” .
Executive Order No. 317, s. 1988. 05 February 1988. [ENG]
Executive Order No. 309 Reorganizing the Peace and Order Council.
Executive Order No. 309, s. 1987. 11 November 1987 [ENG]
Editor's Note:The Peace and Order Council was further amended by Executive Order No. 20, s. 1992; Executive Order No. 34, s. 1992 and Executive Order No. 366, s. 1996.Other norms and regulations:
Republic Act No. 10697: An Act Preventing the Proliferation of Weapons of Mass Destruction by Managing the Trade in Strategic Goods, the Provision of Related Services, and for other Purposes.
Republic Act No. 10697, Congress of the Philippines, 13 November 2015. [ENG]
Republic Act No. 10530: An Act defining the use and protection of the Red Cross, Red Crescent, and Red Crystal emblems, providing penalties for violations thereof and for other purposes.
Republic Act No. 10530, Congress of the Philippines, 23 July 2012. (Entry into Force: 01 June 2013). [ENG]
Executive Order No. 39 Designating the Anti-Terrorism Council as the Philippine National Authority on the Chemical Weapons Convention and Other Disarmament Issues.
Executive Order No. 39, s. 2011. 28 April 2011. [ENG]
Republic Act No. 8294 amending the provisions of Presidential Decree No. 1866 codifying the laws on illegal possession, manufacture, dealing in, acquisition or disposition of firearms, ammunition or explosives.
Republic Act No. 8294, Congress of the Philippines, 06 June 1997. [ENG]
Executive Order No. 284 declaring civilian victims of internal armed conflicts as part of a priority seniors under the social reform agenda.
Executive Order No. 284, 11 November 1995. [ENG]
Republic Act No. 7610: An Act Providing for Stronger Deterrence and Special Protection against Child Abuse, Exploitation and Discrimination .
Republic Act No. 7610, Congress of the Philippines, 17 June 1992. [ENG]
Memorandum Order No. 393 Directing the Armed Forces of the Philippines and the Philippine National Police to Reaffirm their Adherence to the Principles of Humanitarian Law and Human Rights in the Conduct of Security/Police Operations.
Memorandum Order No. 393, s. 1991. 09 September 1991. [ENG]
Republic Act No. 7077 providing for the development, administration, organization, training, maintenance and utilization of the citizen armed forces.
Republic Act No. 7077, Congress of the Philippines, 27 June 1991. [ENG]
Executive Order No. 264 providing for the Citizen Armed Force.
Executive Order No. 264, 25 July 1987. [ENG]
Executive Order No. 212 amending Presidential Decree No. 169 on medical practitioners' reporting the treatment of injured patients.
Executive Order No. 212, s. 1987. 10 July 1987. [ENG]
Presidential Decree No. 1643 amending Republic Act No. 95, as Amended by Republic Act No. 855 and Republic Act No. 6373 and Further Amended by Presidential Decree No. 1264.
01 October 1979. [ENG]
An Act to Provide for the Civil Defense in Time of War and Other National Emergency, Creating a National Civil Defense Administration, and for Other Purposes.
Republic Act No. 1190, Congress of the Philippines, 18 August 1954. [ENG]
Executive Order No. 68 establishing a national War Crimes Office and prescribing rules and regulations governing the trial of accused war criminals.
Executive Order No. 68, Office of the President of the Philippines, 29 July 1947. [ENG]
Republic Act No. 95: An Act to incorporate the Philippine National Red Cross.
22 March 1947. (Amended by Presidential Decree No. 1643). [ENG]
Jurisdiction ➤ Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity. (Section 17, Chapter VII "Jurisdiction")
Republic Act No. 9851, Metro Manila, 27 July 2009. (Enacted into law on 11 December 2009). [ENG]
➤ The following excerpts regarding the Philippines can be found at the Report of the UN Secretary-General of 20 June 2011 on the scope and application of the principle of universal jurisdiction:"27. The 1987 Constitution adopts the generally accepted principles of international law as part of domestic law. Thus, universal jurisdiction is considered part of Philippine law.
➤ Additionally, the Kuroda decision of 1949 allowed the exercise of universal jurisdiction over crimes under customary international law. See:
28. The general rule is that jurisdiction is territorial, and therefore universal jurisdiction is an exception, grounded in the imperative need to preserve international order. Article 2 of the Revised Penal Code stipulates that, except as provided for in the treaties and laws of preferential application, the provisions of the Code shall be enforced not only within the Philippines but also outside its jurisdiction, in respect of those who (a) commit an offence while on a Philippine ship or aircraft; (b) commit certain specified crimes (see table 1) |*|; (c) commit any of the crimes against national security and the law of the nation defined in Title I, Book II of the Code.
|*| Certain fiscal offences (forgery and fraudulent alteration of money, sale or uttering counterfeited and altered currency, banknotes, shares and securities) and offences against the personality of the State, State symbols or State representative (commission, by public officers and employees, of an offence in the exercise of their functions)
29. Universal jurisdiction has also been incorporated into local laws through the enactment of specific legislation, including the Philippine Act on Crimes Against International Humanitarian Law, Genocide and Other Crimes Against Humanity (Act No. 9851) (see table 2) |**|, which (a) defines and establishes crimes against international humanitarian law, genocide and other crimes against humanity; (b) provides penal sanctions and criminal liability for their commission; and (c) establishes special courts for the prosecution of such crimes and for States to exercise primary criminal jurisdiction. Section 15 of the Act enumerates several treaties to be applied in its interpretation, namely (a) the 1948 Convention on the Prevention and Punishment of the Crime of Genocide; (b) the four Geneva Conventions of 1949 and Additional Protocols I and II (1977) and Additional Protocol III (2005) thereto; (c) the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, its Protocol and its Second Protocol (1999); (d) the 1989 Convention on the Rights of the Child and its 2000 Optional Protocol on the involvement of children in armed conflict; (e) the rules and principles of customary international law; (f) the judicial decisions of international courts and tribunals."
|**| Act on Crimes Against International Humanitarian Law, Genocide and Other Crimes Against Humanity, signed into law on 11 December 2009; Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, 1971; Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, Supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, 1988, and a series of additional conventions pertaining to acts of terrorism.
[The scope and application of the principle of universal jurisdiction. Report of the Secretary-General, UNGA Doc A/66/93, 20 June 2011]Kuroda v. Jalandoni. Shigenori Kuroda vs. Major General Rafael Jalandoni, G.R. No. L-2662, Supreme Court, Republic of the Philippines, Manila, 26 March 1949. [ENG]
➤ Other common provisions applicable to crimes against humanity, genocide and war crimes:
Individual Criminal Responsibilities: Section 8 of the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity. Irrelevance of Official Capacity: Section 9 of the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity. Non-applicability of statutory limitations to crimes against humanity, genocide and war crimes: Section 11 of the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity. Obedience to unlawful orders: Section 12 of the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity.
See:
Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity. (Section 17, Chapter VII "Jurisdiction")
Republic Act No. 9851, Metro Manila, 27 July 2009. (Enacted into law on 11 December 2009). [ENG]
➤ Other norms and agreements related to jurisdictional matters:
Agreement between the Government of the Republic of the Philippines and the Government of the United States of America regarding the Treatment of United States Armed Forces Visiting the Philippines. (VFA)
Manila, 10 February 1998. [ENG]
Republic Act No. 7055 strengthening civilian supremacy over the military returning to the civil courts the jurisdiction over certain offenses involving members of the armed forces of the Philippines.
Republic Act No. 7055, Congress of the Philippines, Metro Manila, 20 June 1991. [ENG]
International Criminal Court
Rome Statute of the International Criminal Court: The Republic of the Philippines signed the Rome Statute of the International Criminal Court on 28 December 2000 and deposited its instrument of ratification on 30 August 2011.
However, the Republic of the Philippines deposited on 17 March 2018 a written notification of withdrawal from the Rome Statute (Depositary Notification C.N.138.2018.TREATIES-XVIII.10). The withdrawal took effect on 17 March 2019.
ICC Statement on the Philippines’ notice of withdrawal: State participation in Rome Statute system essential to international rule of law. Press Release, ICC-CPI-20180320-PR1371, 20Mar18. [ENG]
Bayan Muna vs. Romulo. Bayan Muna vs. Alberto Romulo, G.R. No. 159618, Supreme Court, Republic of the Philippines, Manila, 11 February 2011. [ENG] Kuroda v. Jalandoni. Shigenori Kuroda vs. Major General Rafael Jalandoni, G.R. No. L-2662, Supreme Court, Republic of the Philippines, Manila, 26 March 1949. [ENG] Yamashita vs. Styer. Tomoyuki Yamashita vs. Wilhelm D. Styer, G.R. No. L-129, Supreme Court, Republic of the Philippines, Manila, 19 December 945. [ENG]
Government of the Republic of the Philippines - Moro National Liberation Front (MNLF): - Under construction -
The Constitution of the Republic of the Philippines.
Official Gazette of the Republic of the Philippines. [ENG]. [Last accessed 11Apr19]. [External Link]
The Criminal Code of the Philippines.
Department of Justice, Republic of the Philippines. [ENG]. [Last accessed 11Apr19]. [External Link to pdf document]
The Revised Rules of Criminal Procedure. (Effective December 1, 2000)
Chan Robles Virtual Law Library. [ENG]. [Last accessed 11Apr19]. [External Link to pdf document]
Official Gazette of the Republic of the Philippines.
National Government Portal. [ENG]. [Last accessed 10Apr19]. [External Link]
Lawphil. Philippine Laws and Jurisprudence Databank.
Arellano Law Foundation. [ENG]. [Last accessed 01Apr19]. [External Link]
Philippine Jurisprudence.Lawphil, Arellano Law Foundation. [ENG]. [Last accessed 01Apr19]. [External Link]
Chan Robles Virtual Law Library. Philippine Laws, Jurisprudence and Legal Resources.
[ENG]. [Last accessed 10Apr19]. [External Link]
Supreme Court Decisions.
Chan Robles Virtual Law Library. [ENG]. [Last accessed 11Apr19]. [External Link]
The disappeared.
Derechos Human Rights and Equipo Nizkor. [ENG]
List of International Humanitarian Law Treaties to which the Philippines a is a State party.
International Committee of the Red Cross. [ENG]. [Last accessed 10Apr19]. [External Link]