By Raïssa Robles
I wasn’t even aware we had such a law until I researched our legislation on extra-judicial killings.
That was how I stumbled on Republic Act No. 9851 entitled “An Act defining and penalizing crimes against international humanitarian law, genocide and other crimes against humanity, organizing jurisdiction, designating special courts, and for related purposes”.
While it makes no mention of extra-judicial killings, it has an interesting section (6) which aims to punish “other crimes against humanity.”
RA 9851 states that “Other crimes against humanity” are committed, for instance, when “willful killing” is done “as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack.”
Aren’t suspected drug addicts part of the civilian population and aren’t they being willfully killed right now?
Googling further, I found it highly interesting that the hitman-turned-whistleblower Edgardo Matobato has used, among other laws, RA 9851 to charge President Rodrigo Duterte, Davao City Vice Mayor Paolo Duterte and Philippine National Police Director General Ronald Dela Rosa and 25 others with.
Recall that Duterte always refers to anti-illegal drugs operations as a “drug war”. Can relatives of innocent victims of this drug war, therefore, file charges using Section 4 entitled “War Crimes”?
Interestingly, RA 9851 was signed into law by Duterte’s political ally, former President Gloria Macapagal-Arroyo. And among the signatories to the law was no less than dictator Ferdinand Marcos’ Martial law administrator, Juan Ponce Enrile.
I would like to stress that I am all for a vigorous and anti-illegal drugs campaign. But not like this “war” that Duterte is waging, where innocent victims such as children, bystanders or passengers are airily dismissed as “collateral” damage because it’s a “war”. The government has not laid out any protocols that the police should follow if suspects are accompanied by relatives or children or happen to be in a vehicle with other passengers.
Killing innocents (whether by accident or otherwise) during drug operations and not doing anything about it is called “impunity”.
The police know that others are taking advantage of the “drug war” in order to settle scores or cover up their participation but they have not taken visible steps to prevent such “deaths under investigations” – nor have they brought perpetrators to justice. This, too, is called “impunity”.
I am appalled by the thought of friends applauding Duterte’s murderous war. If you are one of them, please unfriend me. Or listen to my arguments. Because once you support vigilantes – and that includes law enforcers – you also allow innocent people to be killed. Collateral damage is never ever acceptable in a just and humane society.
What about those drug addicts who have killed with impunity? What about drug traffickers who have destroyed lives?
Arrest them and convict them. Killing them is copping out.
But why not just kill them? As well as those suspected drug addicts and pushers?
You know Murphy’s Law – if something can go wrong, it will.
And we’ve seen the so-called “kamay na bakal” go horribly, horribly wrong during Ferdinand Marcos’ Martial Law.
Knowing this, why should we go the same deadly, failed route again?
Below is the text of RA 9851.
Republic of the Philippines
Congress of the Philippines
Metro Manila
Fourteenth Congress
Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-seventh day of July, two thousand nine.
REPUBLIC ACT NO. 9851
AN ACT DEFINING AND PENALIZING CRIMES AGAINST INTERNATIONAL HUMANITARIAN LAW, GENOCIDE AND OTHER CRIMES AGAINST HUMANITY, ORGANIZING JURISDICTION, DESIGNATING SPECIAL COURTS, AND FOR RELATED PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
CHAPTER I
INTRODUCTORY PROVISIONS
Section 1. Short Title. – This Act shall be known as the “Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity”.
Section 2. Declaration of Principles and State Policies. –
(a) The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land and adheres to a policy of peace, equality, justice, freedom, cooperation and amity with all nations.
(b) The state values the dignity of every human person and guarantees full respect for human rights, including the rights of indigenous cultural communities and other vulnerable groups, such as women and children;
(c) It shall be the responsibility of the State and all other sectors concerned to resolved armed conflict in order to promote the goal of “Children as Zones of Peace”;
(d) The state adopts the generally accepted principles of international law, including the Hague Conventions of 1907, the Geneva Conventions on the protection of victims of war and international humanitarian law, as part of the law our nation;
(e) The most serious crimes of concern to the international community as a whole must not go unpunished and their effective prosecution must be ensured by taking measures at the national level, in order to put an end to impunity for the 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 over those responsible for international crimes;
(f) The State shall guarantee persons suspected or accused of having committed grave crimes under international law all rights necessary to ensure that their trial will be fair and prompt in strict accordance with national and international law and standards for fair trial, It shall also protect victims, witnesses and their families, and provide appropriate redress to victims and their families, It shall ensure that the legal systems in place provide accessible and gender-sensitive avenues of redress for victims of armed conflict, and
(g)The State recognizes that the application of the provisions of this Act shall not affect the legal status of the parties to a conflict, nor give an implied recognition of the status of belligerency
CHAPTER II
DEFINITION OF TERMS
Section 3. For purposes of this Act, the term:
(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 intention of maintaining that regime
(b) “Arbitrary deportation or forcible transfer of population” means forced displacement of the persons concerned by expulsion by expulsion or other coercive acts from the area in which they are lawfully present, without grounds permitted under domestic or international law.
(c) “Armed conflict” means any use of force or armed violence between States or a protracted armed violence between governmental authorities and organized armed groups or between such groups within that State: Provided, That such force or armed violence gives rise, or may give rise, to a situation to which the Geneva Conventions of 12 August 1949, including their common Article 3, apply. Armed conflict may be international, that is, between two (2) or more States, including belligerent occupation; or non-international, that is, between governmental authorities and organized armed groups or between such groups within a state. It does not cover internal disturbances or tensions such as riots, isolated and sporadic acts of violence or other acts of a similar nature.
(d) “Armed forces” means all organized armed forces, groups and units that belong to a party to an armed conflict which are under a command responsible to that party for the conduct of its subordinates. Such armed forces shall be subject to an internal disciplinary system which enforces compliance with International Humanitarian Law
(e) “Attack directed against any civilian population” means a course of conduct involving the multiple commission of acts referred to in Section 6 of this Act against any civilian population, pursuant to or in furtherance of a State or organizational policy to commit such attack.
(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.
(g) “Enforced or involuntary disappearance of persons” means the arrest, detention, or abduction of persons by, or with the authorization support or acquiescence of, a State or a political organization followed by a refusal to acknowledge that deprivation of freedom or to give information on the fate or whereabouts of those persons, with the intention of removing from the protection of the law for a prolonged period of time
(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 persons, in particular women and children.
(i) “Extermination” means the international infliction of conditions of life, inter alia, the deprivation of access to food and medicine, calculated to bring about the destruction of a part of a population.
(j) ” Forced pregnancy” means the unlawful confinement of a women to be forcibly made pregnant, with the intent of affecting the ethnic composition of any population carrying out other grave violations of international law.
(k) “Hors de Combat” means a person who:
(1) is in the power of an adverse party;
(2) has clearly expressed an intention to surrender; or
(3) has been rendered unconscious or otherwise incapacitated by wounds or sickness and therefore is incapable of defending himself: Provided, that in any of these cases, the person form any hostile act and does not attempt to escape.
(l) “Military necessity” means the necessity of employing measures which are indispensable to achieve a legitimate aim of the conflict and are not otherwise prohibited by International Humanitarian Law
(m) “Non-defended locality” means a locality that fulfills the following conditions:
(1) all combatants, as well as mobile weapons and mobile military equipment, must have been evacuated;
(2) no hostile use of fixed military installations or establishments must have been made;
(3) no acts of hostility must have been committed by the authorities or by the population; and
(4) no activities in support of military operations, must have been undertaken.
(n) “No quarter will be given’ means refusing to spare the life of anybody, even of persons manifestly unable to defend themselves or who clearly express their intention to surrender.
(o) “Perfidy” means acts which invite the confidence of an adversary to lead him/her to believe he/she is entitled to, or is obliged to accord, protection under the rules of International Humanitarian Law, with the intent to betray that confidence, including but not limited to:
(1) feigning an intent to negotiate under a flag of truce;
(2) feigning surrender;
(3) feigning incapacitation by wounds or sickness;
(4) feigning civilian or noncombatant status; and
(5) feigning protective status by use of signs, emblems or uniforms of the United Nations or of a neutral or other State not party to the conflict.
(p) “Persecution” means the international and severe deprivation of fundamental rights contrary to international law by reason of identity of the group or collectivity.
(q) “Protect person” in an armed conflict means:
(1) a person wounded, sick or shipwrecked, whether civilian or military;
(2) a prisoner of war or any person deprived of liberty for reasons related to an armed conflict;
(3) a civilian or any person not taking a direct part or having ceased to take part in the hostilities in the power of the adverse party;
(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 under the national legislation of the state of refuge or state of residence;
(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
(6) a member of the religious personnel who is exclusively engaged in the work of their ministry and attached to the armed forces of a party to the conflict, its medical units or medical transports, or non-denominational, noncombatant military personnel carrying out functions similar to religious personnel.
(r) ” Superior” means:
(1) a military commander or a person effectively acting as a military commander; or
(2) any other superior, in as much as the crimes arose from activities within the effective authority and control of that superior.
(s) “Torture” means the intentional infliction of severe pain or suffering, whether physical, mental, 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 sanctions.
(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 civilian population, namely: dams, dikes, and nuclear, electrical generation stations.
CHAPTER III
CRIMES AGAINST INTERNATIONAL HUMANITARIAN LAW,
GENOCIDE AND OTHER CRIMES AGAINST HUMANITY
Section 4. War Crimes. – For the purpose of this Act, “war crimes” or “crimes against Interntional Human Humanitarian Law” means:
(a) In case of an international armed conflict , grave breaches of the Geneva Conventions of 12 August 1949, namely, any of the following acts against persons or property protected under provisions of the relevant Geneva Convention:
(1) Willful killing;
(2) Torture or inhuman treatment, including biological experiments;
(3) Willfully causing great suffering, or serious injury to body or health;
(4) Extensive destruction and appropriation of property not justified by military necessity and carried out unlawfully and wantonly;
(5) Willfully depriving a prisoner of war or other protected person of the rights of fair and regular trial;
(6) Arbitrary deportation or forcible transfer of population or unlawful confinement;
(7) Taking of hostages;
(8) Compelling a prisoner a prisoner of war or other protected person to serve in the forces of a hostile power; and
(9) Unjustifiable delay in the repatriation of prisoners of war or other protected persons.
(b) In case of a non-international armed conflict, serious violations of common Article 3 to the four (4) Geneva Conventions of 12 August 1949, namely , any of the following acts committed against 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 other cause;
(1) Violence to life and person, in particular, willful killings, mutilation, cruel treatment and torture;
(2) Committing outrages upon personal dignity, in particular, humiliating and degrading treatment;
(3) Taking of hostages; and
(4) The passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all judicial guarantees which are generally recognized as indispensable.
(c) Other serious violations of the laws and customs applicable in armed conflict, within the established framework of international law, namely:
(1) Internationally directing attacks against the civilian population as such or against individual civilians not taking direct part in hostilities;
(2) Intentionally directing attacks against civilian objects, that is, object which are not military objectives;
(3) Intentionally directing attacks against buildings, material, medical units and transport, and personnel using the distinctive emblems of the Geneva Conventions or Additional Protocol III in conformity with intentional law;
(4) Intentionally directing attacks against personnel, installations, material, units or vehicles involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations, as ling as they are entitled to the protection given to civilians or civilian objects under the international law of armed conflict;
(5) Launching an attack in the knowledge that such attack will cause incidental loss of life or injury to civilians or damage to civilian objects or widespread, long-term and severe damage to the natural environment which would be excessive in relation to the concrete and direct military advantage anticipated;
(6) Launching an attack against works or installations containing dangerous forces in the knowledge that such attack will cause excessive loss of life, injury to civilians or damage to civilian objects, and causing death or serious injury to body or health .
(7) Attacking or bombarding, by whatever means, towns, villages, dwellings or buildings which are undefended and which are not military objectives, or making non-defended localities or demilitarized zones the object of attack;
(8) Killing or wounding a person in the knowledge that he/she is hors de combat, including a combatant who, having laid down his/her arms or no longer having means of defense, has surrendered at discretion;
(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 or other protective signs under International Humanitarian Law, resulting in death, serious personal injury or capture;
(10) Intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected, provided they are not military objectives. In case of doubt whether such building or place has been used to make an effective contribution to military action, it shall be presumed not to be so used;
(11) Subjecting persons who are in the power of an adverse party to physical mutilation or to medical or scientific experiments of any kind, or to removal of tissue or organs for transplantation, which are neither justified by the medical, dental or hospital treatment of the person concerned nor carried out in his/her interest, and which cause death to or seriously endanger the health of such person or persons;
(12) Killing, wounding or capturing an adversary by resort to perfidy;
(13) Declaring that no quarter will be given;
(14) Destroying or seizing the enemy’s property unless such destruction or seizure is imperatively demanded by the necessities of war;
(15) Pillaging a town or place, even when taken by assault;
(16) Ordering the displacements of the civilian population for reasons related to the conflict, unless the security of the civilians involved or imperative military reasons so demand;
(17) Transferring, directly or indirectly, by the occupying power of parts of its own civilian population into the territory it occupies, or the deportation or transfer of all or parts of the population of the occupied territory within or outside this territory;
(18) Commiting outrages upon personal dignity, in particular, humiliating and degrading treatments;
(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 Conventions or a serious violation of common Article 3 to the Geneva Convensions;
(20) Utilizing the presence of a civilian or other protected person to render certain points, areas or military forces immune from military operations;
(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 under the Geneva Conventions and their Additional Protocols;
(22) In an international armed conflict, compelling the nationals of the hostile party to take part in the operations of war directed against their own country, even if they were in the belligerent’s service before the commencement of the war;
(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:
(i) Conscripting, enlisting or recruiting children under the age of fifteen (15) years into the national armed forces;
(ii) Conscripting, enlisting or recruiting children under the age of eighteen (18) years into an armed force or group other than the national armed forces; and
(iii) Using children under the age of eighteen (18) years to participate actively in hostilities; and
(25) Employing means of warfare which are prohibited under international law, such as:
(i) Poison or poisoned weapons;
(ii) Asphyxiating, poisonous or other gases, and all analogous liquids, materials or devices;
(iii) Bullets which expand or flatten easily in the human body, such as bullets with hard envelopes which do not entirely cover the core or are pierced with incisions; and
(iv) Weapons, projectiles and material and methods of warfare which are of the nature to cause superfluous injury or unecessary suffering or which are inherently indiscriminate in violation of the international law of armed conflict.
Any person found guilty of commiting any of the acts specified herein shall suffer the penalty provided under Section 7 of this Act.
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 similar stable and permanent group as such:
(1) Killing members of the group;
(2) Causing serious bodily or mental harm to members of the group;
(3) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
(4) Imposing measures intended to prevent births within the group; and
(5) Forcibly transferring children of the group to another group.
(b) It shall be unlawful for any person to directly and publicly incite others to commit genocide.
Any person found guilty of committing any of the acts specified in paragraphs (a) and (b) of this section shall suffer the penalty provided under Section 7 of this Act.
Section 6. Other Crimes Against Humanity. – For the purpose of this act, “other crimes against humanity” means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:
(a) Willful killing;
(b) Extermination;
(c) Enslavement;
(d) Arbitrary deportation or forcible transfer of population;
(e) Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law;
(f) Torture;
(g) Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity;
(h) Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender, sexual orientation or other grounds that are universally recognized as impermissible under international law, in connection with any act referred to in this paragraph or any crime defined in this Act;
(i) Enforced or involuntary disappearance of persons;
(j) Apartheid; and
(k) Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.
Any person found guilty of committing any of the acts specified herein shall suffer the penalty provided under Section 7 of this Act.
CHAPTER IV
PENAL PROVISIONS
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 maximum period and a fine ranging from One hundred thousand pesos (Php 100,000.00) to Five hundred thousand pesos (Php 500,000.00).
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 considering the individual circumstances of the accused, the penalty of reclusion perpetua and a fine ranging from Five hundred thousand pesos (Php 500,000.00) to One million pesos (Php 1,000,000.00) shall be imposed.
Any person found guilty of inciting others to commit genocide referred to in Section 5(b) of this Act shall suffer the penalty of prision mayor in its minimum period and a fine ranging from Ten thousand pesos (Php 10,000.00) to Twenty thousand pesos (Php 20,000.00).
In addition, the court shall order the forfeiture of proceeds, property and assets derived, directly or indirectly, from that crime, without prejudice to the rights of bona fide third (3rd) parties. The court shall also impose the corresponding accessory penalties under the Revised Penal Code, especially where the offender is a public officer.
CHAPTER V
SOME PRINCIPLES OF CRIMINAL LIABILITY
Section 8. Individual Criminal Responsibilities. – (a) In addition to existing provisions in Philippine 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) Commits such a crime, whether as an individual, jointly with another or through another person, regardless of whether that other person is criminally responsible;
(2) Orders, solicits or induces the commission of such a crime which in fact occurs or is attempted;
(3) In any other way contributes to the commission or attempted commission of such a crime by a group of person acting with a common purpose. Such contribution shall be intentional and shall either:
(i) be made with the aim of furthering the criminal activity or criminal purpose of the group, where such activity or purpose involves the commission of a crime defined in this Act; or
(ii) be made in the knowledge of the intention of the group to commit the crime.
(b) A person shall be criminally liable as accomplice for facilitating the commission of a crime defined and penalized in this Act if he/she aids, abets or otherwise assists in its commission or attempted commission, including providing the means for its commission.
(c) A person shall be criminally liable for a crime defined and penalized in this Act if he/she 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 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 attempt to commit the same if he/she completely and voluntarily gave up the criminal purpose.
Section 9. Irrelevance of Official Capacity. – This Act shall apply equally to all persons without any distinction based on official capacity. In particular, official capacity as a head of state or 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 and of itself, constitute a ground for reduction of sentence. However:
(a) Immunities or special procedural rules that may be attached to the official capacity of a person 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 person; and
(b) Immunities that may be attached to the official capacity of a person under international law may limit the application of this Act, nut only within the bounds established under international law.
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 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 exercise control over such subordinates, where:
(a) That superior either knew or, owing to the circumstances at the time, should have known that the subordinates were committing or about to commit such crimes;
(b) That superior failed to take all necessary and reasonable measures within his/her power to prevent or repress their commission or to submit the matter to the competent authorities for investigation and prosecution.
Section 11. Non-prescription. – The crimes defined and penalized under this Act, their prosecution, and the execution of sentences imposed on their account, shall not be subject to any prescription.
Section 12. Orders from a Superior. – The fact that a crime defined and penalized under this Act has been committed by a person pursuant to an order of a government or a superior, whether military or civilian, shall not relieve that person of criminal responsibility unless all of the following elements occur:
(a) The person was under a legal obligation to obey orders of the government or the superior in question;
(b) The person did not know that the order was unlawful; and
(c) The order was not manifestly unlawful.
For the purposes of this section, orders to commit genocide or other crimes against humanity are manifestly unlawful.
CHAPTER VI
Protection of Victims and Witnesses
Section 13. Protection of Victims and Witnesses. – In addition to existing provisions in Philippine law for the protection of victims and witnesses, the following measures shall be undertaken:
(a) The Philippine court shall take appropriate measures to protect the safety, physical and physiological well-being, dignity and privacy of victims and witnesses. In so doing, the court shall have regard of all relevant factors, including age, gender and health, and the nature of the crime, in particular, but not limited to, where the crime involves sexual or gender violence or violence against children. The prosecutor shall take such measures particularly during the investigation and prosecution of such crimes. These measures shall not be prejudicial to or inconsistent with the rights of the accused and to a fair and impartial trial;
(b) As an exception to the general principle of public hearings, the court may, to protect the victims 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 be implemented in the case of the victim of sexual violence or a child who is a victim or is a witness, unless otherwise ordered by the court, having regard to all the circumstances, particularly the views of the victim or witness;
(c) Where the personal interests of the victims are affected, the court shall permit their views and concerns to be presented and considered at stages of the proceedings determined to be appropriate by the court in manner which is not prejudicial to or inconsistent with the rights of the accused and a fair and impartial trial. Such views and concerns may be presented by the legal representatives of the victims where the court considers it appropriate in accordance with the established rules of procedure and evidence; and
(d) Where the disclosure of evidence or information pursuant to this Act may lead to the grave endangerment of the security of a witness for his/her family, the prosecution may, for the purposes of any proceedings conducted prior to the commencement of the trial, withhold such evidence or information and instead submit a summary thereof. Such measures shall be exercised in a manner which is not prejudicial to or inconsistent with the rights of the accused and to a fair and impartial trial.
Section 14. Reparations to Victims. – In addition to existing provisions in Philippine law and procedural rules for reparations to victims, the following measures shall be undertaken:
(a) The court shall follow the principles relating to the reparations to, or in respect of, victims,including restitution, compensation and rehabilitation. On this basis, in its decision, the court may, wither upon request or on its own motion in exceptional circumstances, determine the scope and extent of any damage, loss and injury to, or in respect of, victims and state the principles on which it is acting;1avvphi1
(b) The court may make an order directly against a convicted person specifying appropriate reparations to, or in respect of, victims, including restitution, compensation and rehabilitation; and
(c) Before making an order under this section, the court may invite and shall take account of representations from or on behalf of the convicted person, victims or other interested persons.
Nothing in this section shall be interpreted as prejudicing the rights of victims under national or international law.
CHAPTER VII
Applicability of International Law and Other Laws
Section 15. Applicability of International Law.- In the application and interpretation of this Act, Philippine courts shall be guided by the following sources:
(a) The 1948 Genocide Convention;
(b) The 1949 Genava Conventions I-IV, their 1977 Additional Protocols I and II and their 2005 Additional Protocol III;
(c) The 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, its First Protocol and its 1999 Second Protocol;
(d) The 1989 Convention on the Rights of the Child and its 2000 Optional Protocol on the Involvement of Children in Armed Conflict;
(e) The rules and principles of customary international law;
(f) The judicial decisions of international courts and tribunals;
(g) Relevant and applicable international human rights instruments;
(h) Other relevant international treaties and conventions ratified or acceded to by the Republic of the Philippines; and
(i) Teachings of the most highly qualified publicists and authoritative commentaries on the foregoing sources as subsidiary means for the determination of rules of international law.
Section 16. Suppletory Application of the Revised Penal Code and Other General or Special Laws. – The provisions of the Revised Penal Code and other general or special laws shall have a suppletory application to the provisions of this Act.
CHAPTER VII
JURISDICTION
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 the crime is committed, provided, any one of the following conditions is met:
(a) The accused is a Filipino citizen;
(b) The accused, regardless of citizenship or residence, is present in the Philippines; or
(c) The accused has committed the said crime against a Filipino citizen.
In the interest of justice, the relevant Philippine authorities may dispense with the investigation or prosecution of a crime punishable under this Act if another court or international tribunal is already conducting the investigation or undertaking the prosecution of such crime. Instead, the authorities may surrender or extradite suspected or accused persons in the Philippines to the appropriate international court, if any, or to another State pursuant to the applicable extradition laws and treaties.
No criminal proceedings shall be initiated against foreign nationals suspected or accused of having committed the crimes defined and penalized in this Act if they have been tried by a competent court outside the Philippines in respect of the same offense and acquitted, or having been convicted, already served their sentence.
Section 18. Philippine Court, Prosecutors and Investigators. – The Regional Trial Court of the Philippines shall have original and exclusive jurisdiction over the crimes punishable under this Act. Their judgments may be appealed or elevated to the Court of Appeals and to the Supreme Court as provided by law.
The Supreme Court shall designate special courts to try cases involving crimes punishable under this Act. For these cases, the Commission on Human Rights, the Department of Justice, the Philippine National Police or other concerned law enforcement agencies shall designate prosecutors or investigators as the case may be.
The State shall ensure that judges, prosecutors and investigators, especially those designated for purposes of this Act, receive effective training in human rights, International Humanitarian Law and International Criminal Law.
CHAPTER IX
FINAL PROVISIONS
Section 19. Separability Clause. – If, for any reason or reasons, any part or provision of this Statute shall be held to be unconstitutional or invalid, other parts or provisions hereof which are not affected thereby shall continue to be in full force and effect.
Section 20. Repealing Clause. – All laws, presidential decrees and issuances, executive orders, rules and regulations or parts thereof inconsistent with the provisions of this Statute are hereby repealed or modified accordingly.
Section 21. Effectivity. – This Act shall take effect fifteen (15) days after its complete publication in the Official Gazette or in two (2) newspapers general circulation.
Approved,
Sgd. PROSPERO C. NOGRALES |
Sgd. JUAN PONCE ENRILE |
This Act which is a consolidation of Senate Bill No. 2669 and House Bill No. 6633 was finally passed by the Senate and the House of Representatives on October 14, 2009 and October 16, 2009, respectively.
For:
Sgd. MARILYN B. BARUA-YAP |
Sgd. EMMA LIRIO-REYES |
Approved:
Sgd. GLORIA MACAPAGAL-ARROYO
President of the Philippines
December 11, 2009
leona says
“It could be done with a justifiable cause and justified circumstances as a public officer in order to arrest pero lumaban yung suspect. He must have been forced to kill.”
The above quote is because of the EJA [extra-judicial ADMISSION] on PDI by the President.
DOJ Aguirre is a Cabinet SEC and a JUDGE of a court at the same time? All lawyers, prosecutors and judges knows that when someone kills another person, a crime for either homicide or murder is committed. A probable cause maybe present.
More details of your personal killings Mr. Mayor now President.
Final findings and conclusion is with the court.
EJK and EJA now. So, what now? ‘Arrest me.’ ‘If you can.’
leona says
http://newsinfo.inquirer.net/853420/duterte-i-personally-killed-drug-suspects
leona says
DOJ . . . no crime or crimes committed news by PDutz30
http://newsinfo.inquirer.net/853527/another-exaggeration-says-aguirre-of-duterte-killing-druggies
Gems Vann says
Sec Aguirre is playing favorites or prejudice or is a misogynist or vindictive?
However, you shade the action of Aguirre, DeLima is becoming a martyr to her followers, courtesy of Sec Aguirre.
His 2 frat brods running Immigration were caught red handed with bundles of money, no jail recommendation by Aguirre, only relief from office.
DeLima had no obvious evidence of money landing on her lap or bank accounts, yet Aguirre wanted her to be imprisoned, except hearsay evidence from drug convicts.
Aguirre is a scumbag, according to DeLima
He he he
Johnny Lin
duquemarino says
@Gems Vann
Can Aguirre say no to what DU30 wants,
Or rather, how long can he stomach saying yes to what DU30 wants?
leona says
Now and since the beginning, we are all still witnessing that this Adm continues to go HAYWIRE.
Still CORRUPTION is the root of every Administration coupled with many others: like EJK, out of context, vindictiveness, selectivity, role of his law, creating enemies here and abroad, and at the same time good things happening too.
But good things and bad things shouldn’t get mixed up. So? HAYWIRE!
Six months of erratic and/or out of control.
Emotionally or mentally upset. Crazy is the word.
Haywire crazy! Crazy haywire!
We can’t all be protected under the WPP (witness protection program) in this situation.
Is Tel. No. 8888 working?
Christmas time coming! More ‘gifts’ in bribery growing. Pa masko lang!
Government officials enjoying the Christmas yuletides. Season na naman!
‘This led to a “hastily patched-up” sense, which, in turn, gave us the more commonly used meaning, “being out of order or having gone wrong.” The “crazy” sense of haywire may have been suggested by the difficulty of handling the springy wire, its tendency to get tangled around legs, or the disorderly appearance of the temporary repair jobs for which it was used.’
Out of order. Gone wrong. Crazy sense=nonsense. Officials are springy becoming with tendency getting entangled around their legs and pockets of corruption.
Disorderly appearance. Temporary repair jobs.
BI commissioners, videoed only. No arrest made like ordinary entrapped culprits. So, a repair job is coming. . . only a slap on the hands – explain within 24 hours or recommend for removal, that is if they will be removed.
If the policemens’ version are the true version, then the BI commissioners’ version will be true also – frame up daw sila?
Haywire. Crazy.
Parekoy says
Duterte addict din!
Dahil sa kanyang pag-inom ng mga tabletang ‘opioids’ tulad ng Fentanyl at iba pang morphines dahil sa kanyang problema sa spine at chronic migraine, eh naging addict na rin si Duterte.
Addicted na si Duterte sa mga painkillers at ang side effect pa noon ay naapektuhan pa ang paglala ng kanyang insanity at dahil dati ng may sayad oh psychosis eh mas grabe ang atake sa pagkasira ng ulo.
Naghahallucinate at paranoid na pag inaatake. Kalimitan akala nya demonyo ang mga taong nakapaligid sa kanya.
Si Bong Go ang may hawak ng lahat ng medications ni Duterte. Yung kalahati eh sa migraine at sa spine, yung kalahati para sa kanyang psychosis at may anti-depressants pa.
Kung ang iba nating mga kababayan ay na-addict sa shabu si Duterte naman ay sa mga opioids. At isa pa ay ang pagka addict ni Duterte sa pagpatay at pagdanak ng dugo.
Ngayon na alam nyo na na addict din ang ating Presidente, mukhang grabe ang hypocrisy dahil ang tingin nya sa mga addict eh subhuman.
In addition may sakit din si Duterte sa puso. Please don’t be surprised, may puso din ang ating mass murderer na pangulo. Pero ang isang pwedeng tumepok kay Duterte ay stroke.
Sex Addict Anonymous,
Parekoy
12-14-2016
leona says
Street names for FENTANYL:
. . . include Apache, China Girl, China White, Dance Fever, Friend, Goodfella, Jackpot, Murder 8, TNT, and Tango and Cash.
The medical institutes says: ‘Dozens of individuals in the Philadelphia, Chicago, St. Louis, and Detroit areas have overdosed on a combination of heroin (or cocaine) and >b>fentanyl, a narcotic analgesic that is 50 to 100 times more potent than morphine – and some have died.’
Isn”t it about time to call it quits as President? The country is having fentanylic situation now.
Any physician here who can say it convincingly to him?
Parekoy says
Aguirre on extortion
Nagsimula sa extortion ng dalawang Assistant BI Commissioners na sila Michael Robles at Al Argosino na mga bata ni DOJ Sec. Aguirre. Bale sa utos ni Aguirre nag raid yung BI at hinuli yung mga undocumented na Online Casino Chinese Workers ni Jack Lam sa Fontana. Bale negotiation agad si Wally Sombrero para di na lumala. P70 Million ang unang hinihingi pero natawaran at naging P50 Million na lang. Ibinigay ni Wally sa dalwang bata ni Aguirre sa City of Dreams Casino. Pero recorded ni Wally ang usapan.
Hindi pa sapat kay Aguirre yung sa P50 Million kaya nag meet sila ni Wally at Lam at ang pinag-uusapan ay ang cut ng Duterte Administration sa Fontana kapalit ng di tamang pagdeklara o pagbayad ng tax.According to my unreliable source, eh si Aguirre pala ay nakikipagtawaran kay Wally Sombrero na rep ni Jack Lam at P100 Million per month ang reasonable na offer ni Lam para everybody is happy, kaso humihirit pa si Aguirre na gawing P130 Million per month, kaso sabi ni Lam hanggang P100 Million lang talaga for the first year at depende sa kita eh dadagdagan after a year. Di nagkasundo at pinipilit ni Aguirre na P130 Million. Biglang ni-replay ni Wally ang recording para takutin din si Aguirre na may ebidensya si Wally, ayun nagpanic si Aguirre.
Kaya isinumbong ni Aguirre na nag-offer daw si Jack Lam na maging ninong si Aguirre para takutin si Jack Lam na ipakulong o shoot to kill ni Duterte para wag ng ilabas yung recording.
Order agad si Du30 na arestuhin si Jack Lam for bribery and economic sabotage. Pero magtataka ka walang order na arestuhin si Wally Sombrero na mismong nag-record ng usapan nila ni Aguirre. Aba eh syempre may pinanghahawakan na ebidensya!
Si Jack Lam ay natakot kaya pasiguro eh nagtago na at lumabas ng Pilpinas habang hinihilot pa ni Wally si Aguirre. So ang napagkasunduan eh ilaglag na lang sila Robles at Argosino basta abswelto si Aguirre.
Para sign of good faith na payag na ang Duterte Administration sa P100 Million per month, eh nagbago ang ihip ng hangin ni Duterte at nagsabi na pwede ng bumalik si Jack Lam duo sa Pilipinas at tuloy ang pag-operate ng Fontana Resort and Casino basta daw magbayad lang ng tamang tax. Yung ‘tamang tax’ eh aayusin na lang ng Pagcor at BIR na mga bata ni Duterte.
Sisante sila Robles at Argosino at walang kaso si Jack Lam at ang briber/negotiator na si Wallupy Sombrero!
Pag malaking tao ka kahit nag-bribe eh untouchable ka basta meron kang ebidensya laban sa Duterte Administration.
Maiba nga tayo ng usapan, Ano kaya ang ebidensya ni Kumpareng Peter Lim kay Duterte?
Parekoy
12-13-2015
Pahabol…
Bakit inilabas ni Tulfing ang tungkol sa BI Asst. Commissioners? Kasi may budget pala si Jack Lam sa media at kaibigan daw ni Wally si Tulfing.
martial_law_baby says
Parekoy, you one important information. Duterte, Aguirrer, Robles and Argosino are all fraternity brods from Lex Talionis of San Beda. Take note ha, kaka appoint lang nyang sila Robles at Argosino yata nung August. Masyadong maaga mag fund raising ang mga ito.
martial_law_baby says
oopsss. *you missed one*
sam says
Parekoy sabi ni Aguirre he felt betrayed daw. Was it because of “Pera na naging bato pa”? … Just asking lang naman
He also mentioned that the “money” will be deposited in the bank … would you know kaninong bank account kaya?
Hope the money will not do a magical act and disappear into thin air
————————————————————————————————
http://www.gmanetwork.com/news/story/592310/news/nation/aguirre-feels-betrayed-following-involvement-of-bi-execs-in-extortion-issue
Parekoy says
@sam and @martial_law_baby,
Bale nag-abono pa sila Argosino at Robles kasi nabawasan ng ‘For the boys’ sa BI. Yung kay Calima eh di pa isasauli kasi sa dami ng nabawas para sa mga involved doon sa ‘raid’ sa Fontana eh yung ‘PordaBoys’ eh naibigay na at nagastos na para sa pamilya for X-mas gifts, eh ayaw ni Calima at Morente na mag-abono.
Ang pinalulutang ngayon eh kasama sila Argosino at Robles sa ‘on-going entrapment’ kay Jack Lam at Sombero kaya daw nag-issue si Duterte na ipa-aresto si Jack Lam dahil ‘continuing offense’ kaya kahit walang warrant of arrest eh pwede na.
Si BI Intel Chief Calima ang gustong ilaglag dahil hindi naman ka-Frat nila Duterte. At pinalalabas ngayon na mas malaki ang cut ni Calima kaysa sa dalwang Asst. Commissioners ng BI. Ang hindi nila nabanggit eh hahatian pa ni Calima ang boss nyang si BI Commissioner Morente. Yung P2 Million na cut daw ni Sombero eh strategy lang yun para mabawasan yung P50 Million na pwedeng magkakaso ng plunder si Aguirre at mg aka-frat nya at pati si Duterte eh madamay, at pwedeng impeachable offense na yun.
Si Morente na Mistah ni Calima sa PMA eh bale hindi isinama kahit na may cut din sya dahil hati sila ni Calima.
Ang isa na namang pwedeng ipalusot ni Aguirre eh ang sirang plaka na kaya tinanggap nila Argosino, Robles at Calima ang pera eh dahil personal na pina-iimbestigahan ni Duterte si Jack Lam, at sasaluhin na naman ni Duterte.
Half-truths yan! Yung exotortion kay Jack Lam ay may basbas ni Duterte at si Aguirre ang nag-implementa gamit ang mga ka-Frat nilang sila Argosino at Robles. Ang kaso merong recording si Sombero at meron din si Calima na wala sa plano kaya may gusot at ngayon ay inaayos pa.
Si Aguirre kasi ang ay kasalanan. Nagtipid. Ang laki ng budget nya eh hindi maka-hire ng mga magagling na script writers galing sa industriya ng Pelukala.
Parekoy says
BI ‘intel’ chief warns ‘extort’ groups
August 14, 2016Written by Paul M.Gutierrez
***
hanefs sa reputasyon!
martial_law_baby says
@Parekoy, hindi ako magtataka kung ilagay ni Aguirre sa Witness Protection Program yung mga brods nya. Kaso mukhang naunahan na yata ni Sombero yung dalawa na mag apply sa WPP. Mahina nga yung scriptwriter ni Aguirre.
sam says
Do Dirty said “But for those who cannot forget, you are condemned to enjoy your grief until you die”
—————————————————————————————————
http://news.abs-cbn.com/news/12/12/16/duterte-reds-will-die-for-me
(a line from taken from the link above)
Do Dirty said that regarding the “yellow” protesting on Marcos burial at LNMB. This means he will stand on his decision and will never heed to any one.
RED will die for him? How will it be if he side with their enemy?
Parekoy says
Opprobrium on us for Sexennium of Pandaemonium
With Duterte’s ascent to significant power and his ruthless use of it which as of now claimed close to cold sixty thousand dead bodies.
Duterte has begun turning the Philippines into John Milton’s capital of Hell mentioned in Paradise Lost.
Who could have guessed that Marcos will be buried in Libingan ng mga Bayani?
What about Bongbong Marcos possibility of wresting the Vice Presidency from Leni?
Aside from Gloria’s freedom courtesy of Duterte, and to complete the blatant injustice, Joc-joc Bolante is now acquitted by the Sandiganbayan?
The prisons were opened to free the enemies ofthe State. The Terrorist Nur Misuari’s arrest warrant is no longer valid!
The protectors of Peace and Order, our Police, are now the instruments of mass murders and the breaker of laws!
Who said evil does not triumph?
Seems God has forsaken us and even mocks us by bringing hell to us. In the absence of God, the devils migrated and established their capital in our land.
To the erudite, Pandaemonium is the apt name for our forsaken land, but to families left behind by the victims, they call it as they see what Duterte did to our country, they call it-
PanDemonyo
Could we survive the Sexennium of PanDemonyo?
Poetic Injustice,
Parekoy
12-13-2016
Parekoy says
Duterte’s FLIMfLAM
**
flimflam
**
Per Merriam Webster Dictionary
noun flim·flam \ˈflim-ˌflam\
Definition of flimflam
1: deceptive nonsense
2: deception, fraud
Duterte said, I am not a killer!
Then I remember Peter Lim, whom he accused of being the top Drug Lord and even threatened that Lim will be killed when he steps on the tarmac. Then Lim had a one-on-one meeting with Duterte and Lim is back in the good graces of Duterte and Lim remains untouchable.
Another backtracking is when Duterte issued an order to arrest Jack Lam for bribery and economic sabotage, then after a 10 days backtracked and said that Lam could return to the Philippines and resume his business once he pays the proper taxes.
Duterte does not only do serial flipflops but now he has the penchant for
FLIMfLAMs
Parekoy
12-13-2016
Parekoy says
Duterte off to Cambodia for Educational Tour?
I am alarmed with Duterte’s planned visit to Cambodia, here is why.
If we review Cambodian history, during the reign of Khmer Rouge, they murdered en masse approximately 2,400,000 million people, and mostly Cambodians.
When a tourist visits Cambodia, a customary stop at one of the museums will educate him on mass murder or genocide. Piles of skulls are on display! At Tuol Sleng Genocide Museum will give you a taste of how the Khmer Rouge implemented their madness among their perceived enemies.
Under Pol Pot between 1975 and 1979 about half a million to three million died and mostly due to genocide. Only when the Vietnamese invaded Cambodia that Pol Pot’s killing spree was reduced. When Vietnam withdrew from Cambodia, Pol Pot established a base near Thailand and kept fighting the Coalition Government of Cambodia. He killed his right-hand man Son Sen for Pol Pot saw it as a betrayal for attempting to make settlement with the government. Pol Pot became paranoid and even killed his relatives whom he suspected of being traitors. He was sentenced to death in absentia and the night that he will be turned over to the International Tribunal, Pol Pot committed suicide.
If we analyze Duterte’s psychological make-up, he does not want to be second fiddle to anyone. There is a great chance that when Duterte is exposed to the evidence of Pol Pot’s genocide, instead of being disgusted, he would be inspired to lodge Pol Pot’s notoriety and would aim to break his record killings!
I would not be surprised that when he comes back from Cambodia, the extra-judicial killings will be intensified to catch up from Pol Pot’s record of Mass Murder!
No wonder Duterte idolizes Marcos so much. Marcos is rated as the 2nd Most Corrupt Leaders in the World, having stolen about $10 Billion from the Filipinos.
If Marcos forte is stealing and minor in dictatorship, maybe Duterte would also be known in history as one of the Tyrant and Mass Murderer of the Philippines.
Maybe Duterte is aiming to really break a new world record and be in the league of notorious madmen from Mao, Pinochet, Stalin, Hitler, Pol Pot, Saddam Hussein, to cite a few.
Living in our very own Killing Fields…,
Parekoy
12-13-2016
moonie says
gotta leave pinas, too much problems he cannot handle. digong will cry to cambodia’s strong man, and tell him all his problems back home. hindi kasi marunong mamuno yang si digong. he can no longer run to china dahil nakipag-usap siya kay donald trump and proud of it. china is not liking’s trump’s overture in taiwan. unless digong make disparaging comments about trump, he cannot be running to china and cry on xin ping’s shoulders.
as always, digong will be talking about his drug war. casualties is mounting with no end in sight, digong is not winning. it can only mean digong is fighting drug war the wrong way. he’s killing the very people who could have helped him win the drug war. such an idiot.
moonie says
just recently, digong went to malaysia. he’ll talk kuno about getting sabah back, pero in malaysia, tikum bibig siya. sabah was not mentioned. digong did not even go after the malaysian scammer that stole millions from trusting pinoy investors.
so what actually did digong do in malaysia? well, I think, he’s running away from problems back home, kaso, on return back to pinas, the problems are still there and did not disappear, only now lumala. his ability to govern is being questioned.
the more people he ordered killed, the noisier the rest are becoming. give us justice! your drug war is fake! you’re protecting drug lords! compensate the victims! sacking people from their jobs just because they dont agree with you policy is stupid! wala kang kahones!
leona says
Let us re-read some of Pres. Duterte’s SONA to the nation:
. . . Lest I be misunderstood, let me say clearly, that those who betrayed the people’s trust shall not go unpunished and they will have their day in Court. And if the evidence warrants, they will have their day of reckoning too.
Who betrayed the people’s trust? Big and small time? Pres. Marcos! He plundered big time. The plundered wealth is with his family. Not a single centavo voluntarily returned yet.
No apology has been made to the people. The evidence is getting lost. The Marcoses are revising history everywhere, even in our courts.
. . . I was determined then as I am now determined and better now positioned, to wage war against those who make a mockery of our laws including those who make life for us all miserable.
Wage war. The poor and poorest of the poor, from what is presently taking place, did make mockery of our laws? They and others made life miserable.
Thus, the war will be against them. Wage war it will be until the last of them are down. This is the un-uttered extra-judicial killing to take place and is has taken place as of now.
I wish to assure everyone though that vindictiveness is not in my system.
The poor and poorest of the poor got their wish. It is a reverse: My wish to be vindictive on you! It is in my system.
During my inauguration last (June) 30, 2016, I said that the fight against criminality and illegal drugs and corruption will be relentless and sustained.
A sustained wish. Wage war = extra-judicial killing. Sustained. = vindictiveness will be relentless. Sustained.
There will be no let-up in this campaign. Double your efforts. Triple them, if need be. We will not stop until the last drug lord, the last financier, and the last pusher have surrendered or put behind bars or below the ground, if they so wish.
Here, this is not sustained completely. Some drug lords are free. Some drug lord financiers are free. But the pushers, coming from the poor and poorest of the poor, sustained according to the wish in surrender. Those already arrested and in jail are shot while in detention. Now, buried below the ground. A wish come true.
To our police officers and other officials, do your job and you will have the unwavering support of the Office of the President. I will be with you all the way. Abuse your authority, and there will be a hell to pay, for you will have become worse than criminality itself.
The abuse of authority is blaring and glaring. ‘I will be with you all the way [like Jesus of Nazareth to his 12 Apostles below rising to the clouds].
Abuse your authority and no hell to pay. Become worse than criminality itself and ‘I will be with you all the way’. . .
With this, my administration shall be sensitive to the State’s obligations to promote and protect, and fulfil the rights of our citizens, especially the poor, the marginalized and the vulnerable and social justice shall be pursued, even as the rule of law shall at all times prevail.
The State shall be sensitive. Protect and promote. Fulfill the rights of our citizens, especially the poor. But the wish is still being carried out against them. They are so vulnerable. What rule of law at all times? Whose rule is the law, his or them?
Human rights must work to uplift human dignity. But human rights cannot be used as a shield or an excuse to destroy the country—your country and my country.
Here, re ‘Human rights,’ is intentionally interpreted with different understanding: human rights cannot be used as a shield or an excuse. . . to destroy the country.
Thus, no shield shall survive for human rights. Not even the lawyers shall be shielded. So, in short, legal cases on illegal drugs shall not exist anymore before our investigative bodies and the courts. The shield of the rule of law to be destroyed.
Since when has that shield been used intentionally to destroy the country? No excuse. The shield will be destroyed together with the country. There is only one role, not a rule, ‘My law.’
On taxation, my administration will pursue tax reforms towards a simpler and more equitable and more efficient tax system that can foster investment and job creation. We will lower personal and corporate income tax rates and relax the Bank Secrecy Law.
When will the Bank Secrecy Law be relaxed? Meaning to open it up as it is too SECRET! This secret banking system is a primary SOURCE of continuing CORRUPTION especially among public officials.
Relax it to repeal it is the most appropriate way if ONLY for public officials and their families, relatives, friends, guests and dummies. Streamline banking deposit and withdrawal to minimize money laundering by everyone. It can be done. Money is the primary SOURCE of EVIL.
‘Napag-usapan namin sa likod about the federal system.
You know, my advice to you is: maintain a federal system, a parliament, but be sure to have a President.’ ‘You copy the France system.
A ‘President’ must be had in a federal system. We have a ‘President’ under our present system. Wala bang corruption sa France? Mayroon! They have a President and corruption also. In a federal system or any political system there is always corruption.
So, what is the country’s leaders trying to project, that with a federal system there will be no more corruption? Please explain to the voters for a total acceptable understanding.
More to this: Oh ‘di, limitahan mo lang. Ceremonial powers, power to dissolve, power to offset the resolution or whatever.
So, give a ‘President’ in a federal system just ‘Ceremonial powers. Power to dissolve.’ Who wields the execution of the laws of the land? A ‘Prime Minister’? A ‘Chancellor’ like in Germany? But both in France and Germany’s systems a still a dictator sprouted.
More to this: ‘Huwag mong hayaan ‘yang puro na parliament, delikado yan. It takes time even for the—iyong kagaya ng England ‘no, because of this bomb on the double deck, took them time really because there is no one apparatus for the Commander-In-Chief down.
One bomb in England’s double deck took time to what? So, no to England’s system? But France’s system made it to surrender so early to Germany’s ‘Chancellor’ a dictator! So, England system looks better?
PM Churchill of England said of the Bataan Defenders: ‘If I have them in the British Army, I can stand against any enemy!’ Meaning: Under the Philippine’s present system, we are much better than France or Germany.
Let us go back to the relevant connected to the previous extracts of his SONA:
Let us be clear with each other, I am for the comfort and the welfare of the Filipinos. Kayo namang hindi pa bungog dyan, hindi pa pumasok iyang mga droga, kung ayaw ninyong mamatay, ayaw ninyong masaktan, wag kayong umasa diyan sa mga pari, pati human rights, hindi nakakapigil ‘yan ng kamatayan. So, wag ninyong gawin. Eh tapos nandiyan ka nakabulagta and you are portrayed in a broadsheet na parang Mother Mary cradling the dead cadaver of Jesus Christ.
Pumasok ka sa illegal druga, patay ka. Masasaktan ka. Do not put trust to human rights. Not even to the priests. They will not be able to protect you from being dead after being shot and dying. Naka bulagta ka. Ang patay ka like ‘Mother Mary cradling the dead cadaver of Jesus Christ’.
A cadaver is dead. A dead is a cadaver. Haaayy! Na hilo na si PDutz.
In the near end of the SONA,
Show no mercy to them, because they are not doing any mercy to us anyway.
x x x
[ the French: Merci ! In Germany: Barmherzigkeit!] Sa Pinoy: MAAWA KA!
DAGHANG SALAMAT!
leona says
Link
http://www.gov.ph/2016/07/26/the-2016-state-of-the-nation-address/
kalakala says
confirmed why du30 is protecting marcos.
Supt. Marvin Marcos, the controversial chief of the Criminal Investigation and Detection Group (CIDG) in Eastern Visayas, traces his roots to the family of the late dictator Ferdinand Marcos.
His great-great-grandfather on the mother’s side was Anastacio, a brother of Mariano Marcos, father of the late President.
Read more: http://newsinfo.inquirer.net/852765/cidg-exec-traces-roots-to-marcoses#ixzz4SYsHEt4w
Follow us: @inquirerdotnet on Twitter | inquirerdotnet on Facebook
moonie says
water seeks its own level. digong and marvin marcos found each other, consolidated, jelled and pinas be damned. it’s all about themselves now, not about the country, no justice for all.
as polis, it’s treacherous for marvin marcos to kill a prisoner in custody. it’s even more treacheous for digong to put all out defense for marvin, when as president, digong is supposed to upheld the rule of law and let the inquiry go without interference from him.
if marcos is found guilty and as good friend and amo, digong can always help marvin marcos pack his bag and give him transport to kulungan. and visit marcos now and then so marcos wont feel lonely. giving moral support does not mean perverting the course of justice. indications are digong does not know how to give moral support, I think, he is badly schooled, badly taught.
raissa says
Sharing my piece on Bongbong Marcos –
http://www.scmp.com/week-asia/personalities/article/2053394/bongbong-marcos-son-philippine-tyrant-born-lucky
moonie says
thanks po, I’ve read your article, raissa, read and reread.
the rich are lucky, the poor unlucky. bongbong marcos is both lucky and unlucky. lucky that even if he doesnt work, there will always be food on the table, roof over his head, and plenty of money in his bank account. no need for him to sweat for a living. the nation went without just so this marcos tyke can have it all. and his bad luck is he has a banshee for a mother who wants him to follow in his father’s footsteps kahit hinding hindi niya kaya. bad luck bit bongbong again, and deny him the vice presidency. bad luck din for burying his tatay in secret, natauhan tuloy ang taumbayan at naghihimagsik ang sambayanan.
this christmas, I wish the marcoses the humility of jesus, and the humbleness to accept defeat. bongbong can never be vice president, even if he bunot all his teeth!
yvonne says
THOSE WHO ARE STILL IN A STATE OF DENIAL ABOUT THE ATROCITIES COMMITTED UNDER THE MARCOS MARTIAL LAW DICTATORSHIP SHOULD READ RA 10368, WHICH READS IN PART:
REPUBLIC ACT NO. 10368
AN ACT PROVIDING FOR REPARATION AND RECOGNITION OF VICTIMS OF HUMAN RIGHTS VIOLATIONS DURING THE MARCOS REGIME, DOCUMENTATION OF SAID VIOLATIONS, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES
CHAPTER I
SECTION 1. Short Title. — This Act shall be known as the “Human Rights Victims Reparation and Recognition Act of 2013”.
SEC. 2. Declaration of Policy. — Section 11 of Article II of the 1987 Constitution of the Republic of the Philippines declares that the State values the dignity of every human, person and guarantees full respect for human rights. Pursuant to this declared policy, Section 12 of Article III of the Constitution prohibits the use of torture, force, violence, threat, intimidation, or any other means which vitiate the free will and mandates the compensation and rehabilitation of victims of torture or similar practices and their families.
By virtue of Section 2 of Article II of the Constitution adopting generally accepted principles of international law as part of the law of the land, the Philippines adheres to international human rights laws and conventions, the Universal Declaration of Human Rights, including the International Covenant on Civil and Political Rights (ICCPR) and the Convention Against Torture (CAT) and Other Cruel, Inhuman or Degrading Treatment or Punishment which imposes on each State party the obligation to enact domestic legislation to give effect to the rights recognized therein and to ensure that any person whose rights or freedoms have been violated shall have an effective remedy, even if the violation is committed by persons acting in an official capacity. In fact, the right to a remedy is itself guaranteed under existing human rights treaties and/or customary international law, being peremptory in character (jus cogens) and as such has been recognized as non-derogable.
Consistent with the foregoing, it is hereby declared the policy of the State to recognize the heroism and sacrifices of all Filipinos who were victims of summary execution, torture, enforced or involuntary disappearance and other gross human rights violations committed during the regime of former President Ferdinand E. Marcos covering the period from September 21, 1972 to February 25, 1986 and restore the victims’ honor and dignity. The State hereby acknowledges its moral and legal obligation to recognize and/or provide reparation to said victims and/or their families for the deaths, injuries, sufferings, deprivations and damages they suffered under the Marcos regime.
leona says
R.A. No. 10368 expressly or even impliedly, denounces Pres. Marcos under this law.
Filipinos who were victims under the Martial Law regime are considered ‘heroes’.
How can the victims be considered ‘heroes’ by a president, Pres. Marcos, who was buried at the LNMB?
The title of this law expressly states the NAME of President Marcos a VIOLATOR of Human Rights. How can a President be buried at the LNMB just because he was a ‘President’? A World War II veteran?
When HE was buried at the LNMB, besides being PRESIDENT and WW II veteran, Is HE to be believed to be a HEROE because the Cemetery are for heroes – Libingan Ng Mga Bayan?
SC I think did not include the existence and intent of this law in Its decision. So too Pres. PDutz30.
Haaayyy naku! But there are still the Motions for Reconsideration filed by petitioners to be dealth with.
Kudos @yvonne.
yvonne says
It may not be widely known but we also have a new law that takes effect only in 2013 penalizing enforced or involuntary disappearance of persons – something that have seem to happening under the Duterte administration.
REPUBLIC ACT NO. 10353, reads in part:
“AN ACT DEFINING AND PENALIZING ENFORCED OR INVOLUNTARY DISAPPEARANCE
SECTION 1. Short Title. –This Act shall be known as the “Anti-Enforced or Involuntary Disappearance Act of 2012″.
SEC. 2. Declaration of Policy. –The State values the dignity of every human person and guarantees full respect for human rights for which highest priority shall be given to the enactment of measures for the enhancement of the right of all people to human dignity, the prohibition against secret detention places, solitary confinement, incommunicado, or other similar forms of detention, the provision for penal and civil sanctions for such violations, and compensation and rehabilitation for the victims and their families, particularly with respect to the use of torture, force, violence, threat, intimidation or any other means which vitiate the free will of persons abducted, arrested, detained, disappeared or otherwise removed from the effective protection of the law.
Furthermore, the State adheres to the principles and standards on the absolute condemnation of human rights violations set by the 1987 Philippine Constitution and various international instruments such as, but not limited to, the International Covenant on Civil and Political Rights (ICCPR), and the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), to which the Philippines is a State party.”