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REPUBLIC OF THE PHILIPPINES

HOUSE OF REPRESENTATIVES f 2
City ek APR 05 2017
SEVENTEENTH CONGRESS oe
First Regular Session

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House Bill No, 9429

Introduced by MAGDALO Party-List Representative
HON. GARY C. ALEJANO

EXPLANATORY NOTE

* In 1973, the Convention on the Prevention and Punishment of Crimes Against Internationally
Protected Persons including Diplomatic Agents was adopted by the UN General Assembly. It
came into force on 20 February 1977 and was acceded to by the Philippines on 26 November
1976.

The convention aims to provide protection by punishing those who would commit acts of
terrorism against heads of state, heads of government, ministers of foreign affairs,
representatives of states, and officials of international organizations. The convention extends
this protection to members of their families who accompany them in their official functions
Aloe! 1 shall sl ponish stacks wpon the official remiss, private accommodations, or
means of transportation of a protected person.

‘Though the Philippines had already acceded to the convention, there is still a need for us to
adopt similar measures. We must recognize the need to enact such measure as jeopardizing
the safety of these persons may threaten our normal relations with other States.

This proposed measure therefore defines internationally protected persons and criminalizes
attacks on them or on their liberty, as well as attacks on their residence, and even their
vehicles.

In view of the foregoing, immediate approval of this measure is earnestly sought.



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REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

House Bill No. _ 5429

Introduced by MAGDALO Party-List Representative
HON. GARY C. ALEJANO

AN ACT
TO GIVE EFFECT TO THE CONVENTION ON THE PREVENTION AND
PUNISHMENT OF CRIMES AGAINST INTERNATIONALLY PROTECTED
PERSONS AND FOR OTHER PURPOSES

Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Short Title. - This Act shall be known as the “/nternationally Protected
Persons Act of 2017"

SEC. 2. Declaration of Policy. - 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.

SEC. 3. Definition of Terms.- As used in this Act, the following terms shall mean:

A. Convention means the Convention on the Prevention and Punishment of Crimes
Against Internationally Protected Persons including Diplomatic Agents adopted by
the General Assembly of the United Nations on 14 December 1973.

B. Convention Country means a foreign country that is a party to the Convention.

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Country includes a State or territory, as the case may be.

D. Internationally Protected Persons shall mean:

1) A Head of State, including a member of a collegial body that performs the
functions of a Head of State under the Constitution of the State concerned, a
head of a government or a minister responsible for foreign affairs, whenever
he is outside the State which he holds that position or office;


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2) A member of the family of a person referred to in paragraph (a) who is

accompanying the person in an official business;

3)

A representative or an official of a State or an official or agent of an

international organization of an intergovernmental character who, at the time

and place of the alleged offense, is entitled under international law to special

protection from any attack on his person, freedom or dignity; or

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part of the person's household

‘A member of the family of a person referred to in paragraph (c) who forms

E, Offense against an internationally protected person means:
1) An offense under section 4, 5 or 6; or
2) An abetment of, or a conspiracy or attempt to commit, an offense under

section 4 or 5,

F. Relevant premises means premises at which an internationally protected person

resides or is staying or which he uses for the purpose of carrying out his functions as

such person

G. Vehicle includes any means of conveyance. The Foreign Affairs Secretary may issue

a written certificate stating any matter relevant to the question whether a person is,

or was, at any time, or in respect of any period, an internationally protected

person, and such certificate is admissible in any proceedings as prima facie evidence

of the matters stated in the certificate.

SEC. 4. Offenses Against Persons.

A. Shall be committed by any person who commits outside the Philippines any act —

1) To or in relation to a person whom he knows to be an internationally protected

person; and

2) Which, if committed in the Philippines, who have constituted an offense

specified below:

Article 248 of the Revised Penal Code
(Murder)

Article 266 of the Revised Penal Code
(Slight Physical Maltreatment)

Article 249 of the Revised Penal Code
(Homicide)

Article 266-A of the Revised Penal
Code (Rape, Committed)



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Article 262 of the Revised Penal Code
(Mutilation)

Article 267 _ of the Revised Penal Code
(Kidnapping Detention)

‘Article 263 of the Revised Penal Code
(Serious Physical Injuries)

Article 268 of the Revised Penal Code
(Slight Illegal Detention)

Article 265 of the Revised Penal Code

(Less Serious Physical Injuries)

Article 270 of the Revised Penal Code
(Kidnapping and Failure to Return a
Minor)

~ shall be guilty of the abovementioned offense and shall be liable on conviction to
the same punishment to which he would have been liable had he/she been convicted

of that offense.

B. That person may be dealt with as if the offense had been committed in the Philippines.

SEC. 5. Offenses against premises or vehicles.

A. Any person who commits outside the Philippines any act —

1) to or in relation to the-

i, premises which he knows to be relevant premises, or

ii, vehicle which he knows is used by an internationally protected person;

2) which is likely to endanger the person or liberty of the internationally

protected person, and

3) which, if committed in the Philippines, would have constituted an offense

specified below:

Article 280 of the Revised Penal Code
(Qualified Trespass to Dwelling)

Article 324 of the Revised Penal Code

(Crimes Involving Destruction)

Article 281 of the Revised Penal Code
(Other Forms of Trespass)

Article 327 of the Revised Penal Code
(Who are Liable for Malicious
Mischief)



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Article 320 of the Revised Penal Code Article 328 of the Revised Penal Code
(Destructive Arson) (Special Cases of Malicious Mischief)
Article 321 of the Revised Penal Code Article 329 of the Revised Penal Code
(Other Forms of Arson) (Other Mischiefs)

shall be guilty of the abovementioned offense and shall be liable on conviction to the
same punishment to which he would have been liable had he/she been convicted of
that offense.

B. That person may be dealt with as if the offense had been committed in the Philippines.

SEC. 6. Making threats.-

‘A. Any person who, in or outside of the Philippines, threatens to commit an act which is-

1) An offense specified under Section 5 or in relation to a person whom he/she
knows to be an internationally protected person; or
2) An offense specified under Section 5 to or in relation to —
i. Premises which he knows to be relevant premises, or
ii, A vehicle which he knows is used by an internationally protected
person, and which, if committed, is likely to endanger the person or
liberty of the internationally protected person, shall be guilty of an
offense under this Act and shall be liable on conviction to a fine or to
imprisonment for a term not exceeding ~
a. Seven (7) years; or
b. The term of imprisonment to which a person would be liable
for the offense constituted by committing the act threatened at
the time of the offense to which the conviction relates,
whichever is lesser, or to both fine and imprisonment.

B. Where no term of imprisonment is prescribed for the offense under subsection (1)(B),
the person shall be liable on conviction to a fine or to imprisonment for a term not
exceeding seven (7) years, or to both fine and imprisonment.

C. If the offense is committed outside the Philippines, that person may be dealt with as if
the offense had been committed in the Philippines.



1 SEC. 7. Attempt, abetment, and conspiracy punishable as offenses. - Any person
2 who, outside the Philippines, commits an act which, if committed in the Philippines, would
3 constitute an abetment of or a conspiracy or an attempt to commit:

4 A. An offense specified under Section 4, where the offense is or is to be committed to or
5 in relation to a whom he knows to be an internationally protected person; or

6 B. An offense specified under Section 5, where the offense is or is to be committed to or
7 in relation to:

8 1) Premises which he knows to be relevant premises; or

9 2) A vehicle which he knows is used by an internationally protected person, and,
10 if committed, is likely to endanger the person or liberty of the internationally
rt protected person, is deemed to commit the act in the Philippines and may be
2 dealt with accordingly.

3B

14 SEC. 8. Presumption of knowledge.

45 ‘A. Where, in any proceedings for an offense under Section 4, it is proved that the
16 accused had committed the act referred to, in that section, or in relation to an
7 internationally protected person, it shall be presumed, unless the contrary is proved
18 that the accused knew that the person in question was an internationally protected
19 person.
20 B. Where, in any proceedings for an offense under Section 5, it is proved that the
21 accused had committed the act referred to, in that section, or in relation to relevant
2 premises or a vehicle used by an internationally protected person, it shall be presumed
23 unless the contrary is proved, that the accused knew that the premises in question
24 were relevant premises or the vehicle in question was a vehicle used by an
25 internationally protected person.

26 C. Where, in any proceedings for an offense under Section 6, it is proved that the
27 accused had made a threat to commit an act referred to in that section to or in relation
28 to an internationally protected person, relevant premises or a vehicle used by an
29 internationally protected person (as the case may be), it shall be presumed, unless the
30 contrary is proved, that the accused knew that the person in question was an
31 internationally protected person, the premises in question were relevant premises or
32 the vehicle in question was a vehicle used by an internationally protected person.
33 D. Where, in any proceedings for an offense under Section 7, it is proved that-


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1) The accused had committed an act which, if committed in the Philippines,
would constitute an abetment of or a conspiracy or an attempt to commit an
offense referred to in that section; and

2) The offense is or is to be committed to or in relation to an internationally

protected person, relevant premises or a vehicle used by an internationally
protected person (as the case may be), it shall be presumed, unless the
contrary is proved, that the accused knew that the person in question was
an internationally protected person, the premises in question were
relevant premises or the vehicle in question was a vehicle used by an
internationally protected person.

SEC. 9. Information relating to offense.
A. Every person in the Philippines who has information which he knows or believes may

be of material assistance-

1) In preventing the commission by another person of a relevant offense; or

2) Inssecuring the apprehension, prosecution or conviction of another person, in
the Philippines, for an offense involving the commission, preparation or
instigation of a relevant offense, and who fails to disclose the information
immediately to a police officer shall be guilty of an offense and shall be
liable on conviction to a fine not exceeding P50,000 or to imprisonment
for a term not exceeding five (5) years or to both

B. No criminal or civil proceedings shall lie against a person for any disclosure made in
good faith under this section.

C. A person who makes a disclosure in good faith under this section shall not be treated
as being in breach of any restriction upon the disclosure of information imposed by
law, contract or rules of professional conduct.

D. In this section, "relevant offense" means-

1) An offense specified under Section 4 committed to or in relation to an
internationally protected person;

2) An offense specified under Section 5 committed to or in relation to relevant
premises or a vehicle used by an internationally protected person; or

3) An abetment of or a conspiracy or an attempt to commit an offense under

paragraph (a), (b) or (c).


SEC. 10, Mutual assistance among States. - Mutual assistance may be provided by
the Philippines to a Convention country for a criminal matter involving an offense in that

country that corresponds to an offense against an internationally protected person

Likewise, the Philippines may also request for such assistance from another country
for criminal matters involving certain offenses in relation to an intemationally protected

person, his official premises or place of residence or a vehicle used by him.

SEC. 11. Extradition. - Offenses against an internationally protected person shall be
deemed extraditable acts.

Also, offenses of a declared Commonwealth country that corresponds to offenses
against an internationally protected person are extradition crimes in relation to that country.

SEC. 12. Separability Clause- If any provision or part thereof is held invalid
or unconstitutional, the remainder of the law or the provision not otherwise affected shall

remain valid and subsisting.
SEC. 13. Repealing Clause. - Any law, presidential decree or issuance, executive
order, letter of instruction, administrative order, rule or regulation .contrary to, or inconsistent

with the provisions of this Act is hereby repealed, modified or amended accordingly

SEC. 14. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in at least two (2) newspapers of general circulation

Approved,