Crimin Law 2 Reviewer PDF

Offender is civilly liable even if the ARTICLE 114. TREASON property stolen is lost by reason of force majeure: Treason 1. For the return of the property; or An offense committed by a Filipino 2. For the paymen...

Offender is civilly liable even if the ARTICLE 114. TREASON property stolen is lost by reason of force majeure: Treason 1. For the return of the property; or An offense committed by a Filipino 2. For the payment of its value if it cannot be citizen who levies war against the returned, and this is whether the property is Philippines or adheres to her enemies, lost or destroyed by the act of the malefactor giving them aid or comfort within the or that any other person, or as a result of any Philippines or elsewhere. (Article 114, other cause or causes. Act No. 3815, Revised Penal Code) An organized effort, on the part of Except in case of extinction of his civil liability those who owe allegiance to a as provided in the next preceding article the government, to overthrow their offender shall continue to be obliged to government, and either to establish satisfy the civil liability resulting from the another in its place, or to establish a crime committed by him, notwithstanding the state of lawlessness and rapine. fact that he has served his sentence (United States v. Lagnason, G.R. No. consisting of deprivation of liberty or other 1582, March 28, 1904) rights, or has not been required to serve the same by reason of amnesty, pardon, Elements of Treason commutation of sentence or any other reason 1. Offender is a Filipino citizen or an alien (RPC, Art. 113) residing in the PH. 2. There is a war in which the PH is Effects of amnesty, pardon, commutation involved. or probation: 3. The offender either — 1. Amnesty: wipes out all traces and vestiges a. Levies war against the of the crime but DOES NOT EXTINGUISH the government or civil liability of the offender. b. Adheres to the enemies giving 2. Pardon: in no case will exempt the culprit them aid or comfort. (De Lima from the payment of civil indemnity imposed v. Guerrero, G.R. No. 229781) on him by the sentence 3. Probation: still pay. Modes of Committing Treason 1. By levying war against the government 2. By adhering to the enemies of the II. REVISED PENAL CODE - Philippines, giving them aid or comfort BOOK TWO (Id.) First Mode — By levying war against the government A. TITLE ONE - CRIMES AGAINST It is not necessary that there be a NATIONAL SECURITY AND THE LAW formal declaration of the existence OF NATIONS of a state of war (ARTICLES 115-123) The war must be directed against the government, with intent to TITLE 1 - CRIMES AGAINST NATIONAL overthrow the government SECURITY AND LAWS OF NATIONS Levying of war must be in collaboration with a foreign enemy, CHAPTER 1: CRIMES AGAINST NATIONAL NOT merely a civil uprising without SECURITY any intention of helping an external enemy. SECTION 1: TREASON AND ESPIONAGE 58  Yes. Treason may be committed by Requisites for Levying War executing, either a single, or several 1. That there be an actual intentional overt acts, different or assembling of men; and (U.S. v. similar but distinct, and for that reason Lagnason, G.R. No. 1582) it may be called or considered a 2. For the purpose of executing a continuous offense. A person who treasonable design by force commits treason is not criminally responsible for as many crimes of Second Mode — By adhering to the treason as overt acts he has enemies of the Philippines, giving them aid intentionally committed to aid the or comfort. enemy. All overt acts he has done or 1. Adherence to the enemy — might have done for that purpose means to betray. constitute but a single offense (Guinto It occurs when a citizen v. Veluz, G.R. No. L-980). intellectually or emotionally favors the enemy and harbors Note: When killings and other common sympathies or convictions crimes are charged as overt acts of treason, disloyal to his country’s policy they cannot be regarded as separate crimes or interest. or as complexed with treason. They become identified with the crime of treason (People v. 2. Aid or comfort — means an act Villanueva, G.R. No. L-9529). that strengthens or tends to strengthen the enemy in the Can treason be proved by circumstantial conduct of war against the traitor’s evidence or by extrajudicial confession of country. the accused? It also means an act that No. The RPC and the Rules of Court weakens or tends to weaken do not authorize the conviction of a the power of the traitor’s person accused of treason if the country to resist or to attack evidence against him is the enemy. circumstantial, however strong or It must be a deed or a physical convincing it may be, or is only an activity, NOT merely a mental extrajudicial confession. (Id.) operation. Requisites for Adhering to Enemies Ways of Proving Treason — Overt act 1. Actual adherence; and 1. Testimony of two witnesses, at least, 2. Giving aid or comfort to the to the same overt act, or enemy (People v. Prieto, G.R. No. 2. Confession of the accused in open L-399). court (RPC, Article 114). Types of Allegiance Two-witness rule 1. Permanent allegiance — Consists in It is when the testimony of two the obligation of fidelity and witnesses is required to prove the obedience which a citizen or subject overt act of giving aid or comfort. It is owes to his government or sovereign. not necessary to prove adherence 2. Temporary allegiance — It is the (People v. Agpangan, G.R. No. L-778, obligation of fidelity and obedience October 10, 1947) which a resident alien owes to our It is not required that their testimony government (Laurel v. Misa, G.R. No. be identical (People v. Concepcion, L-409, January 30, 1947). G.R. No. L-1553). Is treason a continuous offense? Ways of Proving Treason — Adherence 59  1. One witness; The purpose of The purpose may be 2. Nature of the act; or levying war is to the following: 3. Circumstances surrounding the act aid the enemy. 1. To prevent the (People v. Adriano, G.R. No. L-477, promulgation or JUne 30, 1947) execution of any law or the Circumstances Inherent in Treason holding of any 1. Evident premeditation; popular election; 2. Abuse of superior strength; and 2. To prevent the 3. Treachery (People v. Adlawan, 83 Phil government or 195; People v. Racaza, 82 Phil 623) any public officer from Aggravating Circumstances in Treason freely-exercising 1. Ignominy or public shame or disgrace; its or his 2. Cruelty or barbarous forms of torture functions, or before putting them to death; prevent the 3. Amount or degree of aid; and execution of any 4. Gravity of separate distinct acts of Administrative treason. Order; 3. To inflict any act Defenses Against Charge of Treason of hate or 1. Lawful obedience to a de facto revenge upon the government; and person or 2. Duress or uncontrollable fear property of any public officer or Invalid Defenses against Charge of employee; Treason 1. Suspended allegiance; 2. Change of sovereignty; and 3. Loss of citizenship by joining the army 4. To commit, for of the enemy. (Id.) any political or social end, any Treason Sedition act of hate or revenge against Crime against Crime against the private persons national security fundamental law of or any social and the law of the state. classes; or nations. 5. To despoil, for any political or War crime Internal conflict social end, any Commission is Causing public and person, limited in two tumultuous municipality, or ways: disturbances in one’s province, or the 1. Levying war; country. National and Government of all 2. Adhering to of its property or the enemies, any part thereof. giving them (Reyes, Revised Penal Code, Book Two) aid or comfort. ARTICLE 115. CONSPIRACY AND PROPOSAL TO COMMIT TREASON 60  in which the Philippines is involved. Punishable Acts (RPC, Article 116) 1) Conspiracy to Commit Treason 2) Proposal to Commit Treason Elements of Misprision of Treason 1. The offender must be owing Elements of Conspiracy to Commit allegiance to the Government and is Treason: not a foreigner; 1. It is committed in times of war. 2. He has knowledge of any conspiracy 2. By two or more persons. to commit treason against the 3. These persons come to an agreement Government. to: 3. He conceals or does not disclose and a. Levy war against the make known the same as soon as government; or possible to the: b. Adhere to the enemies and to a. Governor or fiscal of the give them aid or comfort. province in which he resides 4. They decide to commit it (Reyes, The or Revised Penal Code, Criminal Law: b. Mayor or fiscal of the city in Book Two, Articles 114-367, 2021 which he resides. (RPC, Article Edition, pp. 22-24). 116) Elements of Proposal to Commit Treason Penalty for Misprision of Treason 1. It was committed in the time of war. The offender in imprisonment for 2. By a person who has decided to: treason is “punished as an accessory a. Levy war against the to the crime of treason.” government; or Article 116 does not provide for a b. Adhere to the enemies and to penalty. Hence, the penalty for give them aid or comfort. misprision of treason is two degrees 3. This person proposes its execution to lower than that provided for treason. some other person or persons. (id.) Note: Article 116 is an exception to the rule GR: Conspiracy and proposal to commit a that mere silence does not make a person felony is NOT punishable. (Revised Penal criminally liable. Code, Article 8) ARTICLE 117. ESPIONAGE XPN: The mere conspiracy and proposal to commit treason is a felony. (Revised Penal What is espionage? Code, Article 115) This is the offense of gathering, transmitting, or losing information Does the two-witness rule apply to respecting the national defense with conspiracy or proposal to commit treason? intent or reason to believe that the No. This crime is a distinct and information is to be used to the injury separate offense from that of treason. of the Republic of the Philippines or to (Id.) the advantage of any foreign nation. (Reyes, The Revised Penal Code, ARTICLE 116. MISPRISION OF TREASON Criminal Law: Book Two, Articles 114-367, 2021 Edition, pp. 24-30) What is misprision of treason? It is the failure of a citizen to report as Ways of Committing Espionage soon as possible a conspiracy, which 1. By entering a warship, fort, or naval or comes to his knowledge, against the military establishment or reservation government. But there must be a war to obtain any information, plans, 61  photographs, or other data of a offender. confidential nature relative to the defense of the Philippine Archipelago. Committed only in May be committed 2. By disclosing to the representative of times of war. in time of peace a foreign nation the contents of the and war. articles, data, or information referred to in Article 117(1) which he had in his Limited in two ways: Committed in many possession by reason of the public 1. Levying war; ways. office he holds. (id.) and 2. Adhering to Elements of First Act: the enemy, 1. The offender enters any of the places giving aid or mentioned therein: comfort. a. Warship; (Revised Penal Code Articles 114 and 117) b. Fort; or c. Military or naval establishment ARTICLE 118. INCITING TO WAR OR GIVING or reservation. MOTIVES FOR REPRISALS 2. He has no authority therefore; and 3. The purpose is to obtain information, What is the crime of inciting to war or plans, photographs, or other data of a giving motives for reprisals? confidential nature relative to the This is the unlawful or unauthorized defense of the Philippines. (id.) act(s) of an individual which provokes or gives occasion for a war involving Elements of Second Act: or liable to involve the Philippines or 1. The offender is a public officer expose Filipinos to reprisals on their 2. He has in his possession the articles, persons or property (RPC, Article 118). data, or information referred to in Article 117(1), by reason of the public Elements of Inciting to War or Giving office he holds. Motives for Reprisals 3. He discloses their contents to a 1. The offender performs unlawful or representative of a foreign nation. (id.) unauthorized acts. 2. Such acts: Persons Liable of Committing Espionage a. Provoke or give occasion for a 1. First act — persons liable or the war involving or liable to involve offender is any person, whether a the Philippines; or citizen or a foreigner, a private b. Expose Filipino citizens to individual or a public officer. reprisals on their persons or When the offender is a public property. (Id.) officer or employee, the penalty next higher in degree shall be When is the crime committed? imposed. The crime is committed only in times of peace. 2. Second act — the offender must be This can be impliedly derived from the a public officer who has in his proviso in Article 118 which states that possession the article, data, or “provokes or gives occasion to war” information by reason of the public ○ Necessarily, there should not office he holds. (id.) be any war yet. Penalty for Offense Treason Espionage If the offender is a private individual, the penalty is prision mayor. Not conditioned on citizenship of the 62  If the offender is a public officer or 2. If notice or information be given employee, the penalty is reclusion thereby which might be useful to the temporal. (Id.) enemy; or 3. If the offender intended to aid the ARTICLE 119. VIOLATION OF NEUTRALITY enemy by giving such notice or information, he shall suffer the penalty Neutrality of reclusion temporal to death. (Id.) Neutrality is when a nation or power takes no part in a contest of arms ARTICLE 121. FLIGHT TO ENEMY’S going on between others. (Reyes, The COUNTRY Revised Penal Code, Criminal Law: Book Two, Articles 114-367, 2021 Flight to enemy’s country Edition citing Burril, L.D.) When any person who, owing allegiance to the Government, Elements of Violation of Neutrality attempts to flee or go to an enemy 1. There is a war in which the Philippines country when prohibited by is NOT involved. competent authority. (Revised Penal 2. There is a regulation issued by a Code, Article 121) competent authority for the purpose of enforcing neutrality. Punishable Acts: 3. The offender violates such regulation. 1. When any person who, owing (RPC, Article 120) allegiance to the Government attempts to flee when prohibited by ARTICLE 120. CORRESPONDENCE WITH competent authority. HOSTILE COUNTRY 2. When any person who, owing allegiance to the Government, goes to Correspondence an enemy country when prohibited by Communication by means of letter or competent authority. to the letters which pass between those who have friendly or business Elements of Flight to Enemy Country relations. (Reyes, The Revised Penal 1. There is a war in which the Philippines Code, Criminal Law: Book Two, is involved. Articles 114-367, 2021 Edition, pp. 2. The offender must be owing 32-34) allegiance to the Philippines. 3. The offense attempts to flee or goes Elements of Correspondence with Hostile to enemy country Country 4. That going to the enemy country is 1. It is in time of war in which the prohibited by competent authority. Philippines is involved. (Id.) 2. The offender makes correspondence with an enemy country or a territory ARTICLE 122. PIRACY IN GENERAL AND occupied by enemy troops. MUTINY ON HIGH SEAS OR IN PHILIPPINE 3. The correspondence is prohibited by WATERS the government. (Revised Penal Code, Article 120) Piracy When any person who, on the high Qualifying Circumstances: seas, shall attack or seize a vessel or, 1. The correspondence is carried in not being a member of its ciphers or conventional signs; complement nor a passenger, shall seize the whole or part of the cargo of said vessel, its equipment, or personal 63  belongings of its complement or high seas or in Philippine waters. passengers. (Revised Penal Code, (Revised Penal Code, Article 122) Article 122) Piracy Mutiny “High seas” Parts of the sea that are NOT included The persons who The offenders are in the exclusive economic zone, in the attack a vessel or members of the territorial sea, or in the internal waters seize its cargo are crew or passengers of a state, or in the archipelagic state. strangers to said (Convention on the Law of the Sea, vessels. Article 86) Intent to gain is Offenders may only Two Modes of Committing Piracy essential. intend to ignore the 1. By attacking or seizing a vessel on the ship’s officers or high seas or in Philippines waters may be prompted 2. By seizing in the vessel while on the by a desire to high seas or in Philippines waters the commit plunder. whole or part of its cargo, its The attack is from The attack is from equipment or personal belongings of the outside. the inside. its complement or passengers. (Revised Penal Code, Article 122) (Reyes, The Revised Penal Code, Criminal Law: Book Two, Articles 114-367, 2021 Elements of the First Mode Edition, pp. 35-37) 1. The vessel is on the high seas or in Philippines waters, Who may commit piracy under P.D. 532? 2. The offender is any person, and Piracy may be committed even by a 3. The offender shall attack or seize the passenger or member of the vessel. (Id.) complement of the vessel, under P.D. 532. (Id.) Elements of the Second Mode 1. The vessel is on the high seas or in Rule on jurisdiction Philippines waters, Piracy in internal 2. The offender is not a member of its Piracy in high seas waters complement or a passenger of the vessel, and Jurisdiction of any 3. The offender seizes the whole or part court where Jurisdiction of of its cargo, its equipment or personal offenders are found Philippine courts belongings of its complement or or arrested passengers. (Id.) (Reyes, Revised Penal Code, Book Two) Mutiny It is the unlawful resistance to a ARTICLE 123. QUALIFIED PIRACY superior officer, or the raising of commotions and disturbances on Circumstances that Qualify Piracy or board a ship against the authority of Mutiny on the High Seas: its commander. (Reyes, The Revised 1. Whenever the offenders have seized Penal Code, Criminal Law: Book Two, the vessel by boarding or firing upon Articles 114-367, 2021 Edition citing the same; Bouvier’s Law Dictionary) 2. Whenever the pirates have Under Article 122, the penalty for abandoned her victims without means piracy is the same for mutiny on the of saving themselves; or 64  3. Whenever the crime is accompanied Terrorism is committed by any person bY: who, within or outside the Philippines, a. Murder; regardless of the stage of execution: b. Homicide; (a) Engages in acts intended to c. Physical injuries; or cause death or serious bodily d. Rape. (Revised Penal Code, injury to any person, or Article 123) endangers a person's life; (b) Engages in acts intended to Cargo is off-loaded outside the Philippines cause extensive damage or In People v. Tulin, the Court ruled that destruction to a government or the attack on and seizure of the ship public facility, public place or and its cargo were committed in private property; Philippine waters, but the captive (c) Engages in acts intended to vessel was later brought by the cause extensive interference pirates to Singapore. with, damage or destruction to Although Presidential Decree No. 532 critical infrastructure; requires that the attack and seizure of (d) Develops, manufactures, the vessel and cargo be committed in possesses, acquires, transports, Philippine waters, the disposition by supplies or uses weapons, the pirates of the vessel and its explosives or of biological, cargo is still deemed part of the act nuclear, radiological or chemical of piracy. weapons; and Hence, the same need not be (e) Release of dangerous committed in the Philippines. (People substances, or causing fire, v. Tulin, G.R. No. 111709, [August 30, floods or explosions. (Section 4, 2001], 416 PHIL 365-394) R.A. No. 11479) SPECIAL PENAL LAWS What constitutes the crime of terrorism? When the purpose of such act, by its 1. Anti-Terrorism Act – R.A. No. 11479, nature and context, is to intimidate the secs. 3-12, 25, 26, 29 and 36 general public or a segment thereof, create an atmosphere or spread a a. Punishable Acts of Terrorism [Secs. 4-12] message of fear, to provoke or influence by intimidation the government or any international Summary of Punishable Acts under RA 11479: organization, or seriously destabilize 1) Terrorism or destroy the fundamental political, 2) Threat to Commit Terrorism economic, or social structures of the 3) Planning, Training, Preparing, and country, or create a public emergency facilitating the Commission of Terrorism or seriously undermine public safety, 4) Conspiracy to Commit Terrorism. shall be guilty of committing terrorism 5) Proposal to Commit Terrorism. and shall suffer the penalty of life 6) Inciting to Commit Terrorism imprisonment without the benefit of 7) Recruitment to and Membership in a parole and the benefits of Republic Terrorist Organization. Act No. 10592, otherwise known as 8) Foreign Terrorist. "An Act Amending Articles 29, 94, 97, 9) Providing Material Support to Terrorists. 98 and 99 of Act No. 3815, as amended, otherwise known as the 1) How is terrorism committed? Revised Penal Code". Provided, That, terrorism as defined in this section shall not include 65  advocacy, protest, dissent, stoppage There is conspiracy when two (2) or more of work, industrial or mass action, and persons come to an agreement concerning other similar exercises of civil and the commission of terrorism as defined in political rights, which are not intended Section 4 hereof and decide to commit the to cause death or serious physical same. (Section 7, RA 11479) harm to a person, to endanger a person's life, or to create a serious risk Penalty for Conspiracy to Commit to public safety. Terrorism Any conspiracy to commit terrorism Note: The Court in Calleja v. Executive as defined and penalized under Secretary, G.R. No. 252578, et al., struck out Section 4 of RA 11479 shall suffer the the “Not intended Clause” for being void for penalty of life imprisonment without vagueness as it has a chilling effect on the the benefit of parole and the benefit average person. Before the protester can of Republic Act No. 10592. (Id.) speak, he must first guess whether his speech would be interpreted as a terrorist act 5) Proposal to commit terrorism under Section 4 and whether he might be Any person who proposes to commit arrested, indicted, and/or detained for it. terrorism as defined in Section 4 of RA 11479 shall suffer the penalty of 2) Threat to Commit Terrorism imprisonment of twelve (12) years. Any person who shall threaten to (Section 8, RA 11479) commit any of the acts mentioned in Section 4 hereof shall suffer the 6) Inciting to commit terrorism penalty of imprisonment of twelve (12) Any person who without taking any years. (Section 5, RA 11479) direct part in the commission of terrorism, shall include others to the 3) Planning, Training, Preparing, and execution of any of the acts specified facilitating the Commission of Terrorism in Section 4 of RA 11479 by means of It shall be unlawful for any person to speeches, proclamations, writings, participate in the planning, training, emblems, banners or other preparation and facilitation in the representations tending to the same commission of terrorism, possessing end. (Section 9, RA 11479) objects connected with the preparation for the commission of Penalty for the crime inciting to commit terrorism, or collecting or making terrorsim documents connected with the Penalty of imprisonment of twelve (12) preparation of terrorism. (Section 6, years. (Id.) R.A. No. 11479) 7) Recruitment to and membership in a Penalty for persons guilty of planning, terrorist organization training, preparing, and facilitating the Any person who shall recruit another commission of terrorism to participate in, join, commit or Any person found guilty of planning, support terrorism or a terrorist training, preparing, and facilitating the individual or any terrorist organization, commission of terrorism shall suffer association or group of persons the penalty of life imprisonment proscribed under Section 26 of R.A. without the benefit of parole and the No. 11479, or designated by the benefits of Republic Act No. 10592. United Nations Security Council as a (Id.) terrorist organization, or organized for the purpose of engaging in terrorism, 4) Conspiracy to commit terrorism shall suffer the penalty of life 66  imprisonment without the benefit of imprisonment without the benefit of parole and the benefits of R.A. No. parole and the benefits of R.A. No. 10592 (Section 10, RA 11479). 10592: (a) For any person to travel or Note: The same penalty shall be imposed on attempt to travel to a state other any person who organizes or facilitates the than his/her state of residence or travel of individuals to a state other than their nationality for the purpose of state of residence or nationality for the perpetrating, planning, or purpose of recruitment which may be preparing for, or participating in committed through any of the following terrorism, or providing or receiving means: terrorist training; (a) Recruiting another person to serve in any (b) For any person to organize or capacity in or with an armed force in a facilitate the travel of individuals foreign state, whether the armed force who travel to a state other than forms part of the armed forces of the their states of residence or government of that foreign state or nationality knowing that such otherwise; travel is for the purpose of (b) Publishing an advertisement or perpetrating, planning, training, or propaganda for the purpose of recruiting preparing for, or participating in persons to serve in any capacity in or with terrorism or providing or receiving such armed force; terrorist training; or (c) Publishing an advertisement or (c) For any person residing abroad propaganda containing any information who comes to the Philippines to relating to the place at which or the participate in perpetrating, manner in which persons may make planning, training, or preparing for, applications to serve or obtain information or participating in terrorism or relating to service in any capacity in or provide support for or facilitate or with such armed force or relating to the receive terrorist training here or manner in which persons may travel to a abroad. (Section 11, R.A. No. foreign state for the purpose of serving in 11479) any capacity in or with such armed force; or 9) Providing Material Support to Terrorists (d) Performing any other act with intention of Any person who provides material facilitating or promoting the recruitment of support to any terrorist individual or persons to serve in any capacity in or with terrorist organization, association or such armed force. group of persons committing any of the acts punishable under Section 4 Note: Any person who shall voluntarily and of R.A. No. 11479, knowing that such knowingly join any organization, association individual or organization, association, or group of persons knowing that such or group of persons is committing or organization, association or group of persons planning to commit such acts, shall be is proscribed under Section 26 of R.A. No. liable as principal to any and all 11479, or designated by the United Nations terrorist activities committed by said Security Council as a terrorist organization, or individuals or organizations, in organized for the purpose of engaging in addition to other criminal liabilities terrorism, shall suffer the penalty of he/she or they may have incurred in imprisonment of twelve (12) years. relation thereto (Section 12, R.A. No. 11479). 8) Foreign Terrorists The following acts are unlawful and b. Who are Liable [Secs. 3 (l) & (m), 14] shall suffer the penalty of life 67 Persons liable under RA 11479: messages in whatever form, kind or nature, 1) Terrorist Individual — Any natural spoken or written words: person who commits any of the acts (1) between members of a judicially defined and penalized under Sections 4, declared and outlawed terrorist 5, 6, 7, 8, 9, 10, 11, and 12 of R.A. No. 11479; organization, as provided in Section (Section 3(l), R.A. No. 11479) 26 of this Act; 2) Terrorist Organization, Association or (2) between members of a designated Group of Persons — Any entity person as defined in Section 3(e) of organized for the purpose of engaging in R.A. No. 10168; or terrorism, or those proscribed under (3) any person charged with or Section 26 hereof of the United Nations suspected of committing any of the Security Council-designated terrorist crimes defined and penalized under organization; (Section 3(m), R.A. No. the provisions of this Act: Provided, 11479) and That, surveillance, interception and 3) Accessories — Any person who having recording of communications knowledge of the commission of any of between lawyers and clients, doctors the crimes defined and penalized under and patients, journalists and their Section 4 of this Act, without having sources and confidential business participated therein, takes part correspondence shall not be subsequent to its commission in any of authorized. the following manner: (a) by profiting The law enforcement agent or military himself/herself or assisting the offender to personnel shall likewise be obligated to: profit by the effects of the crime; (b) by (1) file an ex-parte application with the concealing or destroying the body of the Court of Appeals for the issuance of crime, or the effects, or instruments an order, to compel thereof, in order to prevent its discovery; telecommunications service providers or (c) by harboring, concealing, or (TSP) and internet service providers assisting in the escape of the principal or (ISP) to produce all customer conspirator of the crime, shall be liable as information and identification records an accessory and shall suffer the penalty as well as call and text data records, of imprisonment of twelve (12) years. content and other cellular or internet (Section 14, R.A. No. 11479) metadata of any person suspected of any of the crimes defined and c. Surveillance of Suspects and penalized under the provisions of this Interception and Recording of Act; and Communications [Sec. 16] (2) furnish the National The provisions of Republic Act No. 4200, Telecommunications Commission otherwise known as the "Anti-Wire (NTC) a copy of said application. The Tapping Law" to the contrary NTC shall likewise be notified upon notwithstanding, a law enforcement agent or the issuance of the order for the military personnel may, upon a written order purpose of ensuring immediate of the Court of Appeals secretly wiretap, compliance. (Section 16, R.A. No. overhear and listen to, intercept, screen, read, 11479) survey, record or collect, with the use of any mode, form, kind or type of electronic, d. Detention Without Judicial Warrant mechanical or other equipment or device or [Sec. 29] technology now known or may hereafter be The provisions of Article 125 of the revised known to science or with the use of any other Penal Code to the contrary notwithstanding, suitable ways and means for the above any law enforcement agent or military purposes, any private communications, personnel, who, having been duly authorized conversation, discussion/s, data, information, in writing by the ATC has taken custody of a 68 person suspected of committing any of the exercise visitorial powers over detention acts defined and penalized under Sections 4, facilities. 5, 6, 7, 8, 9, 10, 11 and 12 of this Act, shall, without incurring any criminal liability for delay The penalty of imprisonment of ten (10) years in the delivery of detained persons to the shall be imposed upon the police or law proper judicial authorities, deliver said enforcement agent or military personnel who suspected person to the proper judicial fails to notify any judge as provided in the authority within a period of fourteen (14) preceding paragraph. (Section 29, RA 11479) calendar days counted from the moment the said suspected person has been Note: Article 125 of the Revised Penal Code is apprehended or arrested, detained, and taken delayed in the delivery of detained persons to into custody by the law enforcement agent or the proper judicial authorities. military personnel. The period of detention may be extended to a maximum period of (10) e. No Torture or Coercion in Investigation calendar days if it is established that: and Interrogation [Sec. 33] (1) further detention of the person/s is necessary to preserve evidence The use of torture and other cruel, inhumane related to terrorism or complete the and degrading treatment or punishment, as investigation; defined in Sections 4 and 5 of Republic Act no. 9745 otherwise known as the (2) further detention of the person/s is "Anti-Torture Act of 2009," at any time during necessary to prevent the commission the investigation or interrogation of a detained of another terrorism; and suspected terrorist is absolutely prohibited (3) the investigation is being conducted and shall be penalized under said law. properly and without delay. Any evidence obtained from said detained Immediately after taking custody of a person person resulting from such treatment shall be, suspected of committing terrorism or any in its entirety, inadmissible and cannot be member of a group of persons, organization used as evidence in any judicial, quasi-judicial, or association proscribed under Section 26 legislative, or administrative investigation, hereof, the law enforcement agent or military inquiry, proceeding, or hearing. (Section 33, personnel shall notify in writing the judge of RA 11479) the court nearest the place of apprehension or arrest of the following facts: 2. Terrorism Financing Prevention and (1) the time, date, and manner of arrest; Suppression Act – R.A. No. 10168, secs. (2) the location or locations of the 4-9, 17 and 19 detained suspect/s and (3) the physical and mental condition of a. Financing of Terrorism [Sec. 4] the detained suspect/s. Any person who, directly or indirectly, willfully and without lawful excuse, possesses, The law enforcement agent or military provides, collects or uses property or funds or personnel shall likewise furnish the ATC and makes available property, funds or financial the Commission on Human Rights (CHR) of service or other related services, by any the written notice given to the judge. means, with the unlawful and willful intention that they should be used or with the The head of the detaining facility shall ensure knowledge that they are to be used, in full or that the detained suspect is informed of in part: (a) to carry out or facilitate the his/her rights as a detainee and shall ensure commission of any terrorist act; (b) by a access to the detainee by his/her counsel or terrorist organization, association or group; or agencies and entities authorized by law to (c) by an individual terrorist, shall be guilty of the crime of financing of terrorism and shall 69 suffer the penalty of reclusion temporal in its the penalty one degree lower than that maximum period to reclusion perpetua and a prescribed for the conspirator. fine of not less than Five hundred thousand pesos (Php500,000.00) nor more than One d. Accessory [Sec. 7] million pesos (Php1,000,000.00). Section 7. Accessory. – Any person who, Any person who organizes or directs others having knowledge of the commission of the to commit financing of terrorism under the crime of financing of terrorism but without immediately preceding paragraph shall having participated therein as a principal, likewise be guilty of an offense and shall takes part subsequent to its commission, by suffer the same penalty as herein prescribed. profiting from it or by assisting the principal/s to profit by the effects of the crime, or by For purposes of this Act, knowledge or intent concealing or destroying the effects of the may be established by direct evidence or crime in order to prevent its discovery, or by inferred from the attendant circumstances. harboring, concealing or assisting in the escape of a principal of the crime shall be For an act to constitute a crime under this guilty as an accessory to the crime of Act, it shall not be necessary that the funds financing of terrorism and shall be imposed a were actually used to carry out a crime penalty two degrees lower than that referred to in Section 3(j). prescribed for principals in the crime of financing terrorism. b. Attempt or Conspiracy to Commit the Crimes of Financing of Terrorism and e. Prohibition Against Dealing with Dealing with Property or Funds of Property or Funds of Designated Designated Persons [Sec. 5] Persons [Sec. 8] Any attempt to commit any crime under Section 8. Prohibition Against Dealing with Section 4 or Section 8 under this Act shall be Property or Funds of Designated Persons. – penalized by a penalty two degrees lower Any person who, not being an accomplice than that prescribed for the commission of under Section 6 or accessory under Section 7 the same as provided under this Act. in relation to any property or fund: (i) deals directly or indirectly, in any way and by any Any conspiracy to commit any crime under means, with any property or fund that he Section 4 or Section 8 of this Act shall be knows or has reasonable ground to believe is penalized by the same penalty prescribed for owned or controlled by a designated person, the commission of such crime under the said organization, association or group of persons, sections. including funds derived or generated from There is conspiracy to commit the offenses property or funds owned or controlled, punishable under Sections 4 and 8 of this Act directly or indirectly, by a designated person, when two (2) or more persons come to an organization, association or group of persons; agreement concerning the commission of or (ii) makes available any property or funds, such offenses and decided to commit it. or financial services or other related services to a designated and/or identified person, c. Accomplice [Sec. 6] organization, association, or group of persons, shall suffer the penalty of reclusion Any person who, not being a principal under temporal in its maximum period to reclusion Article 17 of the Revised Penal Code or a perpetua and a fine of not less than Five conspirator as defined in Section 5 hereof, hundred thousand pesos (Php500,000.00) cooperates in the execution of either the nor more than One million pesos crime of financing of terrorism or conspiracy (Php1,000,000.00). to commit the crime of financing of terrorism by previous or simultaneous acts shall suffer 70 f. Offense by a Juridical Persons, although physically outside the territorial limits Corporate Body or Alien [Sec. 9] of the Philippines, commit said crimes against Section 9. Offense by a Juridical Person, Philippine citizens or persons of Philippine Corporate Body or Alien. – If the offender is a descent, where their citizenship or ethnicity corporation, association, partnership or any was a factor in the commission of the crime; juridical person, the penalty shall be imposed and (e) to individual persons who, although upon the responsible officers, as the case physically outside the territorial limits of the may be, who participated in, or allowed by Philippines, commit said crimes directly their gross negligence, the commission of the against the Philippine government. crime or who shall have knowingly permitted The provisions of this Act shall likewise apply or failed to prevent its commission. If the to a Filipino national who, although outside offender is a juridical person, the court may the territorial jurisdiction of the Philippines , suspend or revoke its license. If the offender commit, conspire or plot to commit any of the is an alien, the alien shall, in addition to the crimes defined and punished in this Act. penalties herein prescribed, be deported without further proceedings after serving the In case of an alien whose extradition is penalties herein prescribed. requested pursuant to the International Convention for the Suppression of the g. Predicate Offense to Money Financing of Terrorism, and that alien is not Laundering [Sec. 17] extradited to the requesting State, the Financing of terrorism under Section 4 and Republic of the Philippines, without exception offenses punishable under Sections 5, 6, and whatsoever and whether or not the offense 7 of this Act shall be predicate offenses to was committed in the Philippines, shall submit money laundering as defined in Republic Act the case without undue delay to the No. 9160, otherwise known as the Department of Justice for the purpose of "Anti-Money Laundering Act of 2001?, as prosecution in the same manner as if the act amended, and subject to its suspicious constituting the offense had been committed transaction reporting requirement. in the Philippines, in which case, the courts of the Philippines shall have jurisdiction over the h. Extra-Territorial Application [Sec. 19] offense. Subject to the provision of an existing treaty, including the International Convention for the 3. Anti-Piracy and Anti-Highway Robbery Suppression of the Financing of Terrorism of Law – P.D. No. 532, secs. 2-4 which the Philippines is a State Party, and to any contrary provision of any law of i. Definition of Terms [Sec. 2] preferential application, the criminal i. Philippine Waters — It shall refer to provisions of this Act shall apply: (a) to all bodies of water, such as but not individual persons who, although physically limited to, seas, gulfs, bays around, outside the territorial limits of the Philippines, between and connecting each of commit, conspire or plot to commit any of the the Islands of the Philippine crimes defined and punished in this Act inside Archipelago, irrespective of its the territorial limits of the Philippines; (b) to depth, breadth, length or dimension, individual persons who, although physically and all other waters belonging to outside the territorial limits of the Philippines, the Philippines by historic or legal commit any of the said crimes on board title, including territorial sea, the Philippine ship or Philippine airship; (c) to sea-bed, the insular shelves, and individual persons who commit any of said other submarine areas over which crimes within any embassy, consulate, or the Philippines has sovereignty or diplomatic premises belonging to or occupied jurisdiction. by the Philippine government in an official ii. Vessel — Any vessel or watercraft capacity; (d) to individual persons who, used for transport of passengers 71  and cargo from one place to 2. Acquires or receives property taken by another through Philippine Waters. It such pirates or brigands or in any manner shall include all kinds and types of derives any benefit therefrom; or vessels or boats used in fishing. 3. Any person who directly or indirectly iii. Philippine Highway — It shall refer abets the commission of piracy or to any road, street, passage, highway robbery or brigandage, shall be highway and bridges or other parts considered as an accomplice of the thereof, or railway or railroad within principal offenders and be punished in the Philippines used by persons, or accordance with the Rules prescribed by vehicles, or locomotives or trains for the Revised Penal Code. the movement or circulation of persons or transportation of goods, It shall be presumed that any person who articles, or property or both. does any of the acts provided in this Section iv. Piracy — Any attack upon or has performed knowingly, unless the contrary seizure of any vessel, or the taking is proven. (Section 2, PD 532) away of the whole or part thereof or its cargo, equipment, or the Piracy under the RPC and Piracy personal belongings of its under P.D. 532 complement or passengers, Piracy under the Piracy under P.D. irrespective of the value thereof, by RPC 532 means of violence against or intimidation of persons or force The vessel is in The vessel is in upon things, committed by any Philippine waters or Philippine waters. person, including a passenger or high seas. member of the complement of said vessel, in Philippine waters, shall be The offender is any The offender is considered as piracy. The offenders person who shall any person. shall be considered as pirates and seize cargo, punished as hereinafter provided. equipment, or v. Highway Robbery/Brigandage — personal belongings, The seizure of any person for and who is not a crew ransom, extortion or other unlawful member or purposes, or the taking away of the complement. property of another by means of Piracy is committed Piracy is violence against or intimidation of by attacking or committed the person or force upon things of other seizing the vessel or same way. unlawful means, committed by any by taking away the person on any Philippine Highway. whole or part thereof (Section 2, P.D. No. 532) or its cargo equipment, or a. Punishable Acts [Sec. 4] personal belongings of its complement or Any person who: passengers. 1. Knowingly and in any manner aids or protects pirates or highway Penalty for simple Penalty for simple robbers/brigands, such as giving them piracy is reclusion piracy is reclusion information about the movement of police perpetua. temporal or other peace officers of the government, or Except when physical injuries or other crimes are 72  isolated and sporadic acts of violence or committed, which other acts of a similar nature. is penalized by reclusion (d) "Armed forces" means all organized perpetua. armed forces, groups and units that belong to Penalty for qualified Penalty for a party to an armed conflict which are under a piracy is reclusion qualified piracy is command responsible to that party for the perpetua. reclusion conduct of its subordinates. Such armed perpetua. forces shall be subject to an internal disciplinary system which enforces (See Revised Penal Code, Articles 122-123 compliance with International Humanitarian and PD 532) Law 4. Philippine Act on Crimes Against (e) "Attack directed against any civilian International Humanitarian Law, Genocide population" means a course of conduct and Other Crimes Against Humanity – R.A. involving the multiple commission of acts No. 9851, secs. 3- 6, 10-12 and 17 referred to in Section 6 of this Act against any civilian population, pursuant to or in a. Definition of Terms [Sec. 3] furtherance of a State or organizational policy to commit such attack. (a) "Apartheid' means inhumane acts committed in the context of an (f) "Effective command and control" or " institutionalized regime of systematic effective authority and control" means oppression and domination by one racial having the material ability to prevent and group or groups and committed with the punish the commission of offenses by intention of maintaining that regime subordinates. (b) "Arbitrary deportation or forcible (g) "Enforced or involuntary disappearance transfer of population" means forced of persons" means the arrest, detention, or displacement of the persons concerned by abduction of persons by, or with the expulsion or other coercive acts from the area authorization support or acquiescence of, a in which they are lawfully present, without State or a political organization followed by a grounds permitted under domestic or refusal to acknowledge that deprivation of international law. freedom or to give information on the fate or whereabouts of those persons, with the (c) "Armed conflict" means any use of force intention of removing from the protection of or armed violence between States or a the law for a prolonged period of time protracted armed violence between governmental authorities and organized (h) "Enslavement" means the exercise of armed groups or between such groups within any or all of the powers attaching to the right that State: Provided, That such force or of ownership over a person and includes the armed violence gives rise, or may give rise, to exercise of such power in the course of a situation to which the Geneva Conventions trafficking in persons, in particular women of 12 August 1949, including their common and children. Article 3, apply. Armed conflict may be international, that is, between two (2) or more (i) "Extermination" means the international States, including belligerent occupation; or infliction of conditions of life, inter alia, the non-international, that is, between deprivation of access to food and medicine, governmental authorities and organized calculated to bring about the destruction of a armed groups or between such groups within part of a population. a state. It does not cover internal disturbances or tensions such as riots, (j) "Forced pregnancy" means the unlawful confinement of a woman to be forcibly made 73 pregnant, with the intent of affecting the International Humanitarian Law, with the ethnic composition of any population carrying intent to betray that confidence, including but out other grave violations of international law. not limited to: (k) "Hors de Combat" means a person who: (1) feigning an intent to negotiate under a flag of truce; (1) is in the power of an adverse party; (2) feigning surrender; (2) has clearly expressed an intention to surrender; or (3) feigning incapacitation by wounds or sickness; (3) has been rendered unconscious or otherwise incapacitated by wounds or (4) feigning civilian or noncombatant sickness and therefore is incapable of status; and defending himself: Provided, that in any of these cases, the person forms any (5) feigning protective status by use hostile act and does not attempt to of signs, emblems or uniforms of the escape. United Nations or of a neutral or other State not party to the conflict. (l) "Military necessity" means the necessity of employing measures which are (p) "Persecution" means the international indispensable to achieve a legitimate aim of and severe deprivation of fundamental rights the conflict and are not otherwise prohibited contrary to international law by reason by International Humanitarian Law of identity of the group or collectivity. (m) "Non-defended locality" means a (q) "Protected person" in an armed conflict locality that fulfills the following conditions: means: (1) all combatants, as well as mobile (1) a person wounded, sick or weapons and mobile military shipwrecked, whether civilian or equipment, must have been evacuated; military; (2) a prisoner of war or any person (2) no hostile use of fixed military deprived of liberty for reasons installations or establishments must related to an armed conflict; have been made; (3) a civilian or any person not taking a direct part or having ceased to (3) no acts of hostility must have been take part in the hostilities in the committed by the authorities or by the power of the adverse party; population; and (4) a person who, before the beginning of hostilities, was (4) no activities in support of military considered a stateless person or operations, must have been refugee under the relevant undertaken. international instruments (n) “No quarter will be given” means accepted by the parties to the refusing to spare the life of anybody, even of conflict concerned or under persons manifestly unable to defend the national legislation of the state themselves or who clearly express their of refuge or state of residence; intention to surrender. (5) a member of the medical personnel assigned exclusively to (o) "Perfidy" means acts which invite the medical purposes or to the confidence of an adversary to lead him/her to administration of medical units or believe he/she is entitled to, or is obliged to to the operation of or accord, protection under the rules of 74  administration of medical protected under provisions of the transports; or relevant Geneva Convention: (6) a member of the religious personnel who is exclusively (1) Willful killing; engaged in the work of their (2) Torture or inhuman treatment, ministry and attached to the including biological experiments; armed forces of a party to the conflict, its medical units or (3) Willfully causing great suffering, or medical transports, or serious injury to body or health; non-denominational, noncombatant military personnel (4) Extensive destruction and carrying out functions similar to appropriation of property not justified by religious personnel. military necessity and carried out unlawfully and wantonly; (r) " Superior" means: (5) Willfully depriving a prisoner of war (1) a military commander or a person or other protected person of the rights effectively acting as a military of fair and regular trial; commander; or (6) Arbitrary deportation or forcible (2) any other superior, in as much as the transfer of population or unlawful crimes arose from activities within the confinement; effective authority and control of that superior. (7) Taking of hostages; (s) "Torture" means the intentional infliction (8) Compelling a prisoner a prisoner of of severe pain or suffering, whether physical, war or other protected person to serve mental, or psychological, upon a person in the in the forces of a hostile power; and custody or under the control of the accused; except that torture shall not include pain or (9) Unjustifiable delay in the repatriation suffering arising only from, inherent in or of prisoners of war or other protected incidental to, lawful sanctions. persons. (t) "Works and installations containing (b) In case of a non-international armed dangerous forces" means works and conflict, serious violations of common Article installations the attack of which may 3 to the four (4) Geneva Conventions cause the release of dangerous forces and of 12 August 1949, namely , any of the consequent severe losses among the following acts committed against civilian population, namely: dams, dikes, and persons taking no active part in the hostilities, nuclear, electrical generation stations. including member of the armed forces who have laid down their arms and those b. Definition of Terms - War Crimes [Sec. placed hors de combat by sickness, wounds, 4] detention or any other cause; For the purpose of this Act, "war crimes" or (1) Violence to life and person, in "crimes against International Human particular, willful killings, mutilation, cruel Humanitarian Law" means: treatment and torture; (a) In case of an international armed conflict , (2) Committing outrages upon personal grave breaches of the Geneva Conventions of dignity, in particular, humiliating and 12 August 1949, namely, any of the degrading treatment; following acts against persons or property (3) Taking of hostages; and 75  (4) The passing of sentences and the attack will cause excessive loss of life, carrying out of executions without injury to civilians or damage to civilian previous judgment pronounced by a objects, and causing death or serious regularly constituted court, affording all injury to body or health. judicial guarantees which are generally recognized as indispensable. (7) Attacking or bombarding, by whatever means, towns, villages, (c) Other serious violations of the laws and dwellings or buildings which are customs applicable in armed conflict, within undefended and which are not military the established framework of international objectives, or making non-defended law, namely: localities or demilitarized zones the object of attack; (1) Internationally directing attacks against the civilian population as such (8) Killing or wounding a person in the or against individual civilians not knowledge that he/she is hors de taking direct part in hostilities; combat, including a combatant who, having laid down his/her arms or no (2) Intentionally directing attacks longer having means of defense, has against civilian objects, that is, object surrendered at discretion; which are not military objectives; (9) Making improper use of a flag of (3) Intentionally directing attacks truce, of the flag or the military insignia against buildings, material, medical units and uniform of the enemy or of the and transport, and personnel United Nations, as well as of the using the distinctive emblems of the distinctive emblems of the Geneva Geneva Conventions or Additional Conventions or other protective signs Protocol III in conformity with under International Humanitarian Law, international law; resulting in death, serious personal injury or capture; (4) Intentionally directing attacks against personnel, installations, (10) Intentionally directing attacks material, units or vehicles against buildings dedicated to religion, involved in a humanitarian assistance or education, art, science or charitable peacekeeping mission in accordance purposes, historic monuments, with the Charter of the United Nations, hospitals and places where the sick and as long as they are entitled to the wounded are collected, provided they protection given to civilians or civilian are not military objectives. In case of objects under the international law of doubt whether such building or place armed conflict; has been used to make an effective contribution to military action, it shall be (5) Launching an attack in the presumed not to be so used; knowledge that such attack will cause incidental loss of life or injury to (11) Subjecting persons who are in the civilians or damage to civilian objects or power of an adverse party to physical widespread, long-term and severe mutilation or to medical or scientific damage to the natural experiments of any kind, or to removal environment which would be excessive of tissue or organs for transplantation, in relation to the concrete and direct which are neither justified by the military advantage anticipated; medical, dental or hospital treatment of the person concerned nor carried out in (6) Launching an attack against works his/her interest, and which cause death or installations containing dangerous forces in the knowledge that such 76 to or seriously endanger the health of under the Geneva Conventions and such person or persons; their Additional Protocols; (12) Killing, wounding or capturing an (22) In an international armed conflict, adversary by resort to perfidy; compelling the nationals of the hostile party to take part in the operations of (13) Declaring that no quarter will be war directed against their own country, given; even if they were in the belligerent's service before the commencement of (14) Destroying or seizing the enemy's the war; property unless such destruction or seizure is imperatively demanded by the (23) In an international armed conflict, necessities of war; declaring abolished, suspended or inadmissible in a court of law the rights (15) Pillaging a town or place, even and actions of the nationals of the when taken by assault; hostile party; (16) Ordering the displacements of the (24) Committing any of the following civilian population for reasons related to acts: the conflict, unless the security of the civilians involved or imperative military (i) Conscripting, enlisting or recruiting reasons so demand; children under the age of fifteen (15) years into the national armed forces; (17) Transferring, directly or indirectly, by the occupying power of parts of its (ii) Conscripting, enlisting or recruiting own civilian population into the territory children under the age of eighteen it occupies, or the deportation or (18) years into an armed force or transfer of all or parts of the population group other than the national armed of the occupied territory within or forces; and outside this territory; (iii) Using children under the age of (18) Commiting outrages upon personal eighteen (18) years to participate dignity, in particular, humiliating and actively in hostilities; and degrading treatments; (25) Employing means of warfare which (19) Commiting rape, sexual slavery, are prohibited under international law, enforced prostitution, forced pregnancy, such as: enforced sterilization, or any other form of sexual violence also constituting a (i) Poison or poisoned weapons; grave breach of the Geneva Conventions or a serious violation of (ii) Asphyxiating, poisonous or other common Article 3 to the Geneva gases, and all analogous liquids, Convensions; materials or devices; (20) Utilizing the presence of a civilian (iii) Bullets which expand or flatten or other protected person to render easily in the human body, such as certain points, areas or military forces bullets with hard envelopes which do immune from military operations; not entirely cover the core or are pierced with incisions; and (21) Intentionally using starvation of civilians as a method of warfare by (iv) Weapons, projectiles and material depriving them of objects indispensable and methods of warfare which are of to their survival, including willfully the nature to cause superfluous injury impeding relief supplies as provided for or unnecessary suffering or which are 77  inherently indiscriminate in violation of (d) Arbitrary deportation or forcible transfer of the international law of armed conflict. population; Any person found guilty of committing any of (e) Imprisonment or other severe deprivation the acts specified herein shall suffer the of physical liberty in violation of fundamental penalty provided under Section 7 of this Act. rules of international law; c. Definition of Terms - Genocide [Sec. 5] (f) Torture; (a) For the purpose of this Act, "genocide" (g) Rape, sexual slavery, enforced means any of the following acts with intent to prostitution, forced pregnancy, enforced destroy, in whole or in part, a national, ethnic, sterilization, or any other form of sexual racial, religious, social or any other similar violence of comparable gravity; stable and permanent group as such: (h) Persecution against any identifiable group (1) Killing members of the group; or collectivity on political, racial, national, ethnic, cultural, religious, gender, sexual (2) Causing serious bodily or mental orientation or other grounds that are harm to members of the group; universally recognized as impermissible under international law, in connection with any act (3) Deliberately inflicting on the group referred to in this paragraph or any crime conditions of life calculated to bring defined in this Act; about its physical destruction in whole or in part; (i) Enforced or involuntary disappearance of persons; (4) Imposing measures intended to prevent births within the group; and (j) Apartheid; and (5) Forcibly transferring children of the (k) Other inhumane acts of a similar character group to another group. intentionally causing great suffering, or serious injury to body or to mental or physical (b) It shall be unlawful for any person to health. directly and publicly incite others to commit genocide. Any person found guilty of committing any of the acts specified herein shall suffer the Any person found guilty of committing any of penalty provided under Section 7 of this Act. the acts specified in paragraphs (a) and (b) of this section shall suffer the penalty provided d. Principles [Sec. 10-12] under Section 7 of this Act. Responsibility of Superiors. - In addition to Section 6. Other Crimes Against Humanity. - other grounds of criminal responsibility for For the purpose of this act, "other crimes crimes defined and penalized under this Act, against humanity" means any of the following a superior shall be criminally responsible as a acts when committed as part of a widespread principal for such crimes committed by or systematic attack directed against any subordinates under his/her effective civilian population, with knowledge of the command and control, or effective authority attack: and control as the case may be, as a result of his/her failure to properly exercise control (a) Willful killing; over such subordinates, where: (b) Extermination; (a) That superior either knew or, owing to the circumstances at the time, should have (c) Enslavement; known that the subordinates were committing or about to commit such crimes; 78 (b) That superior failed to take all necessary In the interest of justice, the relevant and reasonable measures within his/her Philippine authorities may dispense with the power to prevent or repress their commission investigation or prosecution of a crime or to submit the matter to the competent punishable under this Act if another court or authorities for investigation and prosecution. international tribunal is already conducting the investigation or undertaking the prosecution Section 11. Non-prescription - The crimes of such crime. Instead, the authorities may defined and penalized under this Act, their surrender or extradite suspected or accused prosecution, and the execution of sentences persons in the Philippines to the appropriate imposed on their account, shall not be subject international court, if any, or to another State to any prescription. pursuant to the applicable extradition laws and treaties. Section 12. Orders from a Superior. - The fact that a crime defined and penalized under this No criminal proceedings shall be initiated Act has been committed by a person against foreign nationals suspected or pursuant to an order of a government or a accused of having committed the crimes superior, whether military or civilian, shall not defined and penalized in this Act if they have relieve that person of criminal responsibility been tried by a competent court outside the unless all of the following elements occur: Philippines in respect of the same offense and acquitted, or having been convicted, (a) The person was under a legal obligation to already served their sentence. obey orders of the government or the superior in question; B. TITLE TWO - CRIMES AGAINST (b) The person did not know that the order THE FUNDAMENTAL LAW OF THE was unlawful; and STATE (ARTICLES 124-133) (c) The order was not manifestly unlawful. ARTICLE 124. ARBITRARY DETENTION For the purposes of this section, orders to commit genocide or other crimes against How is the crime of arbitrary detention humanity are manifestly unlawful. committed? Arbitrary Detention is committed by a e. Jurisdiction [Sec. 17] public officer who, without legal The State shall exercise jurisdiction over grounds, detains a person. (Milo v. persons, whether military or civilian, Salanga, G.R. No. L-37007, [July 20, suspected or accused of a crime defined and 1987], 236 PHIL 121-130) penalized in this Act, regardless of where the crime is committed, provided, any one of the Detention following conditions is met: Refers not only to the placing of a person in an enclosure which he (a) The accused is a Filipino citizen; cannot leave, but also to any other (b) The accused, regardless of deprivation of liberty. (People v. citizenship or residence, is present in Santos, G.R. No. 117873, December the Philippines; or 22, 1997, citing Aquino, The Revised (c) The accused has committed the said Penal Code, 1988 ed., Vol. III, pp. 1-2) crime against a Filipino citizen. 79 When is there detention? Note: “In his presence” – When the A person is detained when he is officer sees the offense being placed in confinement or there is a committed, although at a distance, or restraint on his person. hears the disturbance created Detention need not involve any thereby and proceeds at once to the physical restraint. Psychological scene thereof