9851
(b) The state values the dignity of every human person and
guarantees full respect for human rights, including the
CHAPTER I
INTRODUCTORY PROVISIONS
Section
1. Short
the "Philippine
Title.
Act
on
This
Act
Crimes
shall
Against
known
as
International
of
having
committed
grave
crimes
under
provisions of this Act shall not affect the legal status of the
status of belligerency
(2) or more States, including belligerent occupation; or noninternational, that is, between governmental authorities and
CHAPTER II
DEFINITION OF TERMS
food
and
medicine,
calculated
to
bring
about
the
(2)
has
clearly
surrender;or
expressed
an
intention
to
mobile
military
equipment,
must
have
been
evacuated;
surrender.
residence;
exclusively
to
medical
purposes
or
to
the
CHAPTER III
Section 4. War Crimes. - For the purpose of this Act, "war crimes"
non-denominational,
noncombatant
military
personnel.
experiments;
to body or health;
lawful sanctions.
power; and
objectives;
who have laid down their arms and those placed hors de
indispensable.
the
concrete
and
direct
military
advantage
anticipated;
(6)
Launching
or
or health .
used;
that
discretion;
persons;
resort to perfidy;
capture;
he/she
an
is hors
attack
de
against
works
combat, including
assault;
hostile party;
this territory;
(ii)
Convensions;
and
Conscripting,
enlisting
or
recruiting
and
devices;
all
analogous
liquids,
materials
or
another group.
paragraphs (a) and (b) of this section shall suffer the penalty
cause
superfluous
or
unecessary
are
inherently
suffering
or
injury
which
(b) Extermination;
(c) Enslavement;
(f) Torture;
in whole or in part;
20,000.00).
without prejudice to the rights of bona fide third (3rd) parties. The
public officer.
herein shall suffer the penalty provided under Section 7 of this Act.
CHAPTER V
CHAPTER IV
PENAL PROVISIONS
period and a fine ranging from One hundred thousand pesos (Php
responsible;
prision mayor in its minimum period and a fine ranging from Ten
group,
where
such
activity
or
purpose
this Act; or
person; and
international law.
the crime shall not be liable for punishment under this Act
(a)
That
superior
either
knew
or,
owing
to
the
crimes;
person from criminal responsibility under this Act, nor shall it, in
(b) The person did not know that the order was unlawful;
and
victim or witness;
CHAPTER VI
evidence; and
interested persons.
CHAPTER VII
Protocol III;
(d) The 1989 Convention on the Rights of the Child and its
acting;1avvphi1
Armed Conflict;
tribunals;
instruments;
Filipino citizen.
and
international law.
Revised Penal Code and other general or special laws shall have
CHAPTER VII
sentence.
JURISDICTION
is met:
involving crimes punishable under this Act. For these cases, the
Commission on Human Rights, the Department of Justice, the
may be.
PHILIPPINES,Respondents.
FACTS:
On 26 August 2006, a mass grave was discovered by elements of
CHAPTER IX
FINAL PROVISIONS
effect.
informers.
Advocate Captain Allan Tiu (Army Captain Tiu) of the 8th Infantry
Section 21. Effectivity. - This Act shall take effect fifteen (15) days
members.
witnesses.Petitioner Ocampo submitted his counteraffidavit.Petitioners Echanisand Baylosis did not file counter-
affidavits because they were allegedly not served the copy of the
Ladlad) was then pending before the RTC Makati, Branch 150
ISSUE:
furtherance of rebellion.
A. Preliminary Investigation
"The essence of due process is reasonable opportunity to be
denied the right to be heard. For him to claim that he was denied
Affidavit of Zacarias Piedad would imply that the entire case of the
respective counsels.
may produce."
Petitioner Ocampo alleges that Judge Abando did not comply with
petitioners.
rebellion alone.
probable cause for the indictment and, on the basis thereof, issue
a warrant of arrest; or if, on the basis of his evaluation, he finds no
demonstrated.
401 Phil 905 if during trial, petitioners are able to show that the
Japan.
should have been simple rebellion, the trial court shall dismiss the
Hence, this petition where petitioners pray for this court to (a)
jeopardy.
their claims for the crimes against humanity and war crimes
committed against them; and (b) compel the respondents to
FACTS:
nationals relative to the war were dealt with in the San Francisco
1956.
On January 15, 1997, the Asian Womens Fund and the Philippine
ISSUE:
at the time the Treaty of Peace was signed, or that the duty to
prosecute perpetrators of international crimes in an erga omnes
RULING:
Yes, it was valid. It has the exclusive prerogative for such
delegated to
the
legislative
or executive
branch
of the
constitutionally committed.
advance or imperil.
question.
whatever extent it thinks fit, for it is its own right that the State is
acting consider that their rights are not adequately protected, they
Facts:
internationally.
obligations will not alter this analysis. Petitioners have not shown
of America but was later removed from such status and placed in
American
Commission.
Military
Commission
constituted
by
respondent
Issue/s:
treaties
and
custom.
Jus cogens
norms
are
considered
Ruling:
1. NO.
cases.
THE FACTS
Petitioner Shigenori Kuroda, the Commanding General of
II.
THE ISSUES
policy
the Hague and Geneva conventions form, part of and are wholly
and
adopts
the
generally
accepted
principles
of
therefore form part of the law of our nation even if the Philippines