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Republic Act No 9851

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0% found this document useful (0 votes)
41 views4 pages

Republic Act No 9851

Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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REPUBLIC ACT NO.

9851- AN ACT DEFINING AND PENALIZING CRIMES AGAINST (g) "Enforced or involuntary disappearance of persons" means the arrest, detention, or abduction
INTERNATIONAL HUMANITARIAN LAW, GENOCIDE AND OTHER CRIMES AGAINST of persons by, or with the authorization support or acquiescence of, a State or a political
HUMANITY, ORGANIZING JURISDICTION, DESIGNATING SPECIAL COURTS, AND FOR organization followed by a refusal to acknowledge that deprivation of freedom or to give
RELATED PURPOSES 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
CHAPTER I
INTRODUCTORY PROVISIONS (h) "Enslavement" means 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
Section 1. Short Title. - This Act shall be known as the "Philippine Act on Crimes Against persons, in particular women and children.
International Humanitarian Law, Genocide, and Other Crimes Against Humanity".
(i) "Extermination" means the international infliction of conditions of life, inter alia, the deprivation
Section 2. Declaration of Principles and State Policies. - of access to food and medicine, calculated to bring about the destruction of a part of a population.
(a) The Philippines renounces war as an instrument of national policy, adopts the generally (j) " Forced pregnancy" means the unlawful confinement of a women to be forcibly made pregnant,
accepted principles of international law as part of the law of the land and adheres to a policy of with the intent of affecting the ethnic composition of any population carrying out other grave
peace, equality, justice, freedom, cooperation and amity with all nations. violations of international law.

(b) The state values the dignity of every human person and guarantees full respect for human (k) "Hors de Combat" means a person who:
rights, including the rights of indigenous cultural communities and other vulnerable groups, such
as women and children; (1) is in the power of an adverse party;

(c) It shall be the responsibility of the State and all other sectors concerned to resolved armed (2) has clearly expressed an intention to surrender; or
conflict in order to promote the goal of "Children as Zones of Peace";
(3) has been rendered unconscious or otherwise incapacitated by wounds or sickness and
(d) The state adopts the generally accepted principles of international law, including the Hague therefore is incapable of defending himself: Provided, that in any of these cases, the person form
Conventions of 1907, the Geneva Conventions on the protection of victims of war and any hostile act and does not attempt to escape.
international humanitarian law, as part of the law our nation;
(l) "Military necessity" means the necessity of employing measures which are indispensable to
(e) The most serious crimes of concern to the international community as a whole must not go achieve a legitimate aim of the conflict and are not otherwise prohibited by International
unpunished and their effective prosecution must be ensured by taking measures at the national Humanitarian Law
level, in order to put an end to impunity for the perpetrators of these crimes and thus contribute to
the prevention of such crimes, it being the duty of every State to exercise its criminal jurisdiction (m) "Non-defended locality" means a locality that fulfills the following conditions:
over those responsible for international crimes;
(1) all combatants, as well as mobile weapons and mobile military equipment, must have been
(f) The State shall guarantee persons suspected or accused of having committed grave crimes evacuated;
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 (2) no hostile use of fixed military installations or establishments must have been made;
victims, witnesses and their families, and provide appropriate redress to victims and their families,
(3) no acts of hostility must have been committed by the authorities or by the population; and
It shall ensure that the legal systems in place provide accessible and gender-sensitive avenues of
redress for victims of armed conflict, and (4) no activities in support of military operations, must have been undertaken.
(g)The State recognizes that the application of the provisions of this Act shall not affect the legal (n) "No quarter will be given' means refusing to spare the life of anybody, even of persons
status of the parties to a conflict, nor give an implied recognition of the status of belligerency manifestly unable to defend themselves or who clearly express their intention to surrender.
CHAPTER II (o) "Perfidy" means acts which invite the confidence of an adversary to lead him/her to believe
DEFINITION OF TERMS he/she is entitled to, or is obliged to accord, protection under the rules of International
Humanitarian Law, with the intent to betray that confidence, including but not limited to:
Section 3. For purposes of this Act, the term:
(1) feigning an intent to negotiate under a flag of truce;
(a) "Apartheid' means inhumane acts committed in the context of an institutionalized regime of
systematic oppression and domination by one racial group or groups and committed with the (2) feigning surrender;
intention of maintaining that regime
(3) feigning incapacitation by wounds or sickness;
(b) "Arbitrary deportation or forcible transfer of population" means forced displacement of the
persons concerned by expultion by expulsion or other coercive acts from the area in which they (4) feigning civilian or noncombatant status; and
are lawfully present, without grounds permitted under domestic or international law.
(5) feigning protective status by use of signs, emblems or uniforms of the United Nations or of a
(c) "Armed conflict" means any use of force or armed violence between States or a protracted neutral or other State not party to the conflict.
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, (p) "Persecution" means the international and severe deprivation of fundamental rights contrary to
to a situation to which the Geneva Conventions of 12 August 1949, including their common Article international law by reason of identity of the group or collectivity.
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 (q) "Protect person" in an armed conflict means:
organized armed groups or between such groups within a state. It does not cover internal
(1) a person wounded, sick or shipwrecked, whether civilian or military;
disturbances or tensions such as riots, isolated and sporadic acts of violence or other acts of a
similar nature. (2) a prisoner of war or any person deprived of liberty for reasons related to an armed conflict;
(d) "Armed forces" means all organized armed forces, groups and units that belong to a party to (3) a civilian or any person not taking a direct part or having ceased to take part in the hostilities in
an armed conflict which are under a command responsible to that party for the conduct of its the power of the adverse party;
subordinates. Such armed forces shall be subject to an internal disciplinary system which enforces
compliance with International Humanitarian Law (4) 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
(e) "Attack directed against any civilian population" means a course of conduct involving the under the national legislation of the state of refuge or state of residence;
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. (5) 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) "Effective command and control" or " effective authority and control" means having the material
ability to prevent and punish the commission of offenses by subordinates.
(6) a member of the religious personnel who is exclusively engaged in the work of their ministry (3) Intentionally directing attacks against buildings, material, medical units and transport, and
and attached to the armed forces of a party to the conflict, its medical units or medical transports, personnel using the distinctive emblems of the Geneva Conventions or Additional Protocol III in
or non-denominational, noncombatant military personnel carrying out functions similar to religious conformity with intentional law;
personnel.
(4) Intentionally directing attacks against personnel, installations, material, units or vehicles
(r) " Superior" means: involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter of
the United Nations, as ling as they are entitled to the protection given to civilians or civilian objects
(1) a military commander or a person effectively acting as a military commander; or under the international law of armed conflict;

(2) any other superior, in as much as the crimes arose from activities within the effective authority (5) Launching an attack in the knowledge that such attack will cause incidental loss of life or injury
and control of that superior. 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
(s) "Torture" means the intentional infliction of severe pain or suffering, whether physical, mental, advantage anticipated;
or psychological, upon a person in the custody or under the control of the accused; except that
torture shall not include pain or suffering arising only from, inherent in or incidental to, lawful (6) Launching an attack against works or installations containing dangerous forces in the
sanctions. 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 .
(t) "Works and installations containing dangerous forces" means works and installations the attack
of which may cause the release of dangerous forces and consequent severe losses among the (7) Attacking or bombarding, by whatever means, towns, villages, dwellings or buildings which are
civilian population, namely: dams, dikes, and nuclear, electrical generation stations. undefended and which are not military objectives, or making non-defended localities or
demilitarized zones the object of attack;
CHAPTER III
CRIMES AGAINST INTERNATIONAL HUMANITARIAN LAW, (8) Killing or wounding a person in the knowledge that he/she is hors de combat, including a
GENOCIDE AND OTHER CRIMES AGAINST HUMANITY combatant who, having laid down his/her arms or no longer having means of defense, has
surrendered at discretion;
Section 4. War Crimes. - For the purpose of this Act, "war crimes" or "crimes
against Interntional Human Humanitarian Law" means: (9) Making improper use of a 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
(a) In case of an international armed conflict , grave breaches of the Geneva Conventions of 12 or other protective signs under International Humanitarian Law, resulting in death, serious
August 1949, namely, any of the following acts against persons or property protected under personal injury or capture;
provisions of the relevant Geneva Convention:
(10) Intentionally directing attacks against buildings dedicated to religion, education, art, science
(1) Willful killing; or charitable purposes, historic monuments, hospitals and places where the sick and wounded are
(2) Torture or inhuman treatment, including biological experiments; collected, provided they are not military objectives. In case of doubt whether such building or place
has been used to make an effective contribution to military action, it shall be presumed not to be
(3) Willfully causing great suffering, or serious injury to body or health; so used;

(4) Extensive destruction and appropriation of property not justified by military necessity and (11) Subjecting persons who are in the power of an adverse party to physical mutilation or to
carried out unlawfully and wantonly; 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
(5) Willfully depriving a prisoner of war or other protected person of the rights of fair and regular carried out in his/her interest, and which cause death to or seriously endanger the health of such
trial; person or persons;

(6) Arbitrary deportation or forcible transfer of population or unlawful confinement; (12) Killing, wounding or capturing an adversary by resort to perfidy;

(7) Taking of hostages; (13) Declaring that no quarter will be given;

(8) Compelling a prisoner a prisoner of war or other protected person to serve in the forces of a (14) Destroying or seizing the enemy's property unless such destruction or seizure is imperatively
hostile power; and demanded by the necessities of war;

(9) Unjustifiable delay in the repatriation of prisoners of war or other protected persons. (15) Pillaging a town or place, even when taken by assault;

(b) In case of a non-international armed conflict, serious violations of common Article 3 to the four (16) Ordering the displacements of the civilian population for reasons related to the conflict, unless
(4) Geneva Conventions of 12 August 1949, namely , any of the following acts committed against the security of the civilians involved or imperative military reasons so demand;
persons taking no active part in the hostilities, including member of the armed forces who have
laid down their arms and those placed hors de combat by sickness, wounds, detention or any (17) Transferring, directly or indirectly, by the occupying power of parts of its own civilian
other cause; 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;
(1) Violence to life and person, in particular, willful killings, mutilation, cruel treatment and torture;
(18) Commiting outrages upon personal dignity, in particular, humiliating and degrading
(2) Committing outrages upon personal dignity, in particular, humiliating and degrading treatment; treatments;

(3) Taking of hostages; and (19) Commiting rape, sexual slavery, enforced prostitution, forced pregnancy, enforced
sterilization, or any other form of sexual violence also constituting a grave breach of the Geneva
(4) The passing of sentences and the carrying out of executions without previous judgment Conventions or a serious violation of common Article 3 to the Geneva Convensions;
pronounced by a regularly constituted court, affording all judicial guarantees which are generally
recognized as indispensable. (20) Utilizing the presence of a civilian or other protected person to render certain points, areas or
military forces immune from military operations;
(c) Other serious violations of the laws and customs applicable in armed conflict, within the
established framework of international law, namely: (21) Intentionally using starvation of civilians as a method of warfare by depriving them of
objects indespensable to their survival, including willfully impeding relief supplies as provided for
(1) Internationally directing attacks against the civilian population as such or against individual under the Geneva Conventions and their Additional Protocols;
civilians not taking direct part in hostilities;
(22) In an international armed conflict, compelling the nationals of the hostile party to take part in
(2) Intentionally directing attacks against civilian objects, that is, object which are not military the operations of war directed against their own country, even if they were in the belligerent's
objectives; service before the commencement of the war;

(23) 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;
(24) Commiting any of the following acts: CHAPTER IV
PENAL PROVISIONS
(i) Conscripting, enlisting or recruiting children under the age of fifteen (15) years into the national
armed forces; Section 7. 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
(ii) Conscripting, enlisting or recruiting children under the age of eighteen (18) years into an armed maximum period and a fine ranging from One hundred thousand pesos (Php 100,000.00) to Five
force or group other than the national armed forces; and hundred thousand pesos (Php 500,000.00).
(iii) Using children under the age of eighteen (18) years to participate actively in hostilities; and When justified by the extreme gravity of the crime, especially where the commision of any of the
crimes specified herein results in death or serious physical injury, or constitutes rape, and
(25) Employing means of warfare which are prohibited under international law, such as: 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
(i) Poison or poisoned weapons;
(Php 1,000,000.00) shall be imposed.
(ii) Asphyxiating, poisonous or other gases, and all analogous liquids, materials or devices;
Any person found guilty of inciting others to commit genocide referred to in Section 5(b) of this Act
(iii) Bullets which expand or flatten easily in the human body, such as bullets with hard envelopes shall suffer the penalty of prision mayor in its minimum period and a fine ranging from Ten
which do not entirely cover the core or are pierced with incisions; and thousand pesos (Php 10,000.00) to Twenty thousand pesos (Php 20,000.00).

(iv) Weapons, projectiles and material and methods of warfare which are of the nature to cause In addition, the court shall order the forfeiture of proceeds, property and assets derived, directly or
superfluous injury or unecessary suffering or which are inherently indiscriminate in violation of the indirectly, from that crime, without prejudice to the rights of bona fide third (3rd) parties. The court
international law of armed conflict. shall also impose the corresponding accessory penalties under the Revised Penal Code,
especially where the offender is a public officer.
Any person found guilty of commiting any of the acts specified herein shall suffer the penalty
provided under Section 7 of this Act. CHAPTER V
SOME PRINCIPLES OF CRIMINAL LIABILITY
Section 5. Genocide - (a) For the purpose of this Act, "genocide" means any of the following acts
with intent to destroy, in whole or in part, a national, ethnic, racial, religious, social or any other Section 8. Individual Criminal Responsibilities. - (a) In addition to existing provisions in Philippine
similar stable and permanent group as such: law on principles of criminal responsibility, a person shall be criminally liable as principal for a
crime defined and penalized in this Act if he/she:
(1) Killing members of the group;
(1) Commits such a crime, whether as an individual, jointly with another or through another
(2) Causing serious bodily or mental harm to members of the group; person, regardless of whether that other person is criminally responsible;

(3) Deliberately inflicting on the group conditions of life calculated to bring about its physical (2) Orders, solicits or induces the commission of such a crime which in fact occurs or is attempted;
destruction in whole or in part;
(3) In any other way contributes to the commission or attempted commission of such a crime by a
(4) Imposing measures intended to prevent births within the group; and group of person acting with a common purpose. Such contribution shall be intentional and shall
either:
(5) Forcibly transferring children of the group to another group.
(i) be made with the aim of furthering the criminal activity or criminal purpose of the group, where
(b) It shall be unlawful for any person to directly and publicly incite others to commit genocide. such activity or purpose involves the commission of a crime defined in this Act; or

Any person found guilty of committing any of the acts specified in paragraphs (a) and (b) of this (ii) be made in the knowledge of the intention of the group to commit the crime.
section shall suffer the penalty provided under Section 7 of this Act.
(b) A person shall be criminally liable as accomplice for facilitating the commission of a crime
Section 6. Other Crimes Against Humanity. - For the purpose of this act, "other crimes against defined and penalized in this Act if he/she aids, abets or otherwise assists in its commission or
humanity" means any of the following acts when committed as part of a widespread or systematic attempted commission, including providing the means for its commission.
attack directed against any civilian population, with knowledge of the attack:
(c) A person shall be criminally liable for a crime defined and penalized in this Act if he/she
(a) Willful killing; attempts to commit such a crime by taking action that commences its execution by means of a
substantial step, but the crime does not occur because of circumstances independent of the
(b) Extermination; person's intention. However, a person who abandons the effort to commit the crime or otherwise
prevents the completion of the crime shall not be liable for punishment under this Act for the
(c) Enslavement;
attempt to commit the same if he/she completely and voluntarily gave up the criminal purpose.
(d) Arbitrary deportation or forcible transfer of population;
Section 9. Irrelevance of Official Capacity. - This Act shall apply equally to all persons without any
(e) Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of distinction based on official capacity. In particular, official capacity as a head of state or
international law; government, a member of a government or parliament, an elected representative or a government
official shall in no case exempt a person from criminal responsibility under this Act, nor shall it, in
(f) Torture; and of itself, constitute a ground for reduction of sentence. However:

(g) Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any (a) Immunities or special procedural rules that may be attached to the official capacity of a person
other form of sexual violence of comparable gravity; under Philippine law other than the established constitutional immunity from suit of the Philippine
President during his/her tenure, shall not bar the court from exercising jurisdiction over such a
(h) Persecution against any identifiable group or collectivity on political, racial, national, ethnic, person; and
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 (b) Immunities that may be attached to the official capacity of a person under international law
any crime defined in this Act; may limit the application of this Act, nut only within the bounds established under international law.

(i) Enforced or involuntary disappearance of persons; Section 10. Responsibility of Superiors. - In addition to other grounds of criminal responsibility for
crimes defined and penalized under this Act, a superior shall be criminally responsible as a
(j) Apartheid; and principal for such crimes committed by subordinates under his/her effective command and control,
or effective authority and control as the case may be, as a result of his/her failure to properly
(k) Other inhumane acts of a similar character intentionally causing great suffering, or serious exercise control over such subordinates, where:
injury to body or to mental or physical health.
(a) That superior either knew or, owing to the circumstances at the time, should have known that
Any person found guilty of committing any of the acts specified herein shall suffer the penalty the subordinates were committing or about to commit such crimes;
provided under Section 7 of this Act.
(b) That superior failed to take all necessary and reasonable measures within his/her power to CHAPTER VII
prevent or repress their commission or to submit the matter to the competent authorities for Applicability of International Law and Other Laws
investigation and prosecution.
Section 15. Applicability of International Law.- In the application and interpretation of this Act,
Section 11. Non-prescription. - The crimes defined and penalized under this Act, their Philippine courts shall be guided by the following sources:
prosecution, and the execution of sentences imposed on their account, shall not be subject to any
prescription. (a) The 1948 Genocide Convention;

Section 12. Orders from a Superior. - The fact that a crime defined and penalized under this Act (b) The 1949 Genava Conventions I-IV, their 1977 Additional Protocols I and II and their 2005
has been committed by a person pursuant to an order of a government or a superior, whether Additional Protocol III;
military or civilian, shall not relieve that person of criminal responsibility unless all of the following
elements occur: (c) The 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed
Conflict, its First Protocol and its 1999 Second Protocol;
(a) The person was under a legal obligation to obey orders of the government or the superior in
question; (d) The 1989 Convention on the Rights of the Child and its 2000 Optional Protocol on the
Involvement of Children in Armed Conflict;
(b) The person did not know that the order was unlawful; and
(e) The rules and principles of customary international law;
(c) The order was not manifestly unlawful.
(f) The judicial decisions of international courts and tribunals;
For the purposes of this section, orders to commit genocide or other crimes against humanity are
manifestly unlawful. (g) Relevant and applicable international human rights instruments;

CHAPTER VI (h) Other relevant international treaties and conventions ratified or acceded to by the Republic of
Protection of Victims and Witnesses the Philippines; and

Section 13. Protection of Victims and Witnesses. - In addition to existing provisions in Philippine (i) Teachings of the most highly qualified publicists and authoritative commentaries on the
law for the protection of victims and witnesses, the following measures shall be undertaken: foregoing sources as subsidiary means for the determination of rules of international law.

(a) The Philippine court shall take appropriate measures to protect the safety, physical and Section 16. Suppletory Application of the Revised Penal Code and Other General or Special
physiological well-being, dignity and privacy of victims and witnesses. In so doing, the court shall Laws. - The provisions of the Revised Penal Code and other general or special laws shall have
have regard of all relevant factors, including age, gender and health, and the nature of the crime, a suppletory application to the provisions of this Act.
in particular, but not limited to, where the crime involves sexual or gender violence or violence
CHAPTER VII
against children. The prosecutor shall take such measures particularly during the investigation and
JURISDICTION
prosecution of such crimes. These measures shall not be prejudicial to or inconsistent with the
rights of the accused and to a fair and impartial trial; Section 17. Jurisdiction.- The State shall exercise jurisdiction over persons, whether military or
civilian, suspected or accused of a crime defined and penalized in this Act, regardless of where
(b) As an exception to the general principle of public hearings, the court may, to protect the victims
the crime is committed, provided, any one of the following conditions is met:
and witnesses or an accused, conduct any part of the proceedings in camera or allow the
presentation of evidence by electronic or other special means. In particular, such measures shall (a) The accused is a Filipino citizen;
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 (b) The accused, regardless of citizenship or residence, is present in the Philippines; or
the views of the victim or witness;
(c) The accused has committed the said crime against a Filipino citizen.
(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 In the interest of justice, the relevant Philippine authorities may dispense with the investigation or
appropriate by the court in manner which is not prejudicial to or inconsistent with the rights of the prosecution of a crime punishable under this Act if another court or international tribunal is already
accused and a fair and impartial trial. Such views and concerns may be presented by the legal conducting the investigation or undertaking the prosecution of such crime. Instead, the authorities
representatives of the victims where the court considers it appropriate in accordance with the may surrender or extradite suspected or accused persons in the Philippines to the appropriate
established rules of procedure and evidence; and international court, if any, or to another State pursuant to the applicable extradition laws and
treaties.
(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 No criminal proceedings shall be initiated against foreign nationals suspected or accused of
of any proceedings conducted prior to the commencement of the trial, withhold such evidence or having committed the crimes defined and penalized in this Act if they have been tried by a
information and instead submit a summary thereof. Such measures shall be exercised in a competent court outside the Philippines in respect of the same offense and acquitted, or having
manner which is not prejudicial to or inconsistent with the rights of the accused and to a fair and been convicted, already served their sentence.
impartial trial.
Section 18. Philippine Court, Prosecutors and Investigators. - The Regional Trial Court of the
Section 14. Reparations to Victims. - In addition to existing provisions in Philippine law and Philippines shall have original and exclusive jurisdiction over the crimes punishable under this Act.
procedural rules for reparations to victims, the following measures shall be undertaken: Their judgments may be appealed or elevated to the Court of Appeals and to the Supreme Court
as provided by law.
(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 The Supreme Court shall designate special courts to try cases involving crimes punishable under
court may, wither upon request or on its own motion in exceptional circumstances, determine the this Act. For these cases, the Commission on Human Rights, the Department of Justice, the
scope and extent of any damage, loss and injury to, or in respect of, victims and state the Philippine National Police or other concerned law enforcement agencies shall designate
principles on which it is acting;1avvphi1 prosecutors or investigators as the case may be.

(b) The court may make an order directly against a convicted person specifying appropriate The State shall ensure that judges, prosecutors and investigators, especially those designated for
reparations to, or in respect of, victims, including restitution, compensation and rehabilitation; and purposes of this Act, receive effective training in human rights, International Humanitarian Law
and International Criminal Law.
(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.

Nothing in this section shall be interpreted as prejudicing the rights of victims under national or
international law.

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