v.;:. 
j, 
r7tPti1(!l 4~ 
FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
) 
) 
) 
pt![f!re (If tI:€,(_-",'nd.'HU 
Second Regular Session 
'11 
NOV 17 P 2 :27 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
Under the Rome Statute of the International Criminal Court, every state patiy should 
provide in its national criminal law that the state has jurisdiction over certain international 
crnnes. 
At present, Section 17, paragraph 2, of Republic Act No. 9851, also known as "Philippine 
Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against 
Humanity," provides as follows: 
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. 
This provision is otiose and superfluous. 
On the one hand, under the principle of 
complementarity, it is the Philippines that has primary jurisdiction over international crimes. 
The general rule is that national jurisdiction will be primary at all times, when the state 
authorities regularly perform their functions of investigation or prosecution. The exception to 
the general rule is that the International Criminal Court will assume jurisdiction in case the state 
is unwilling or unable to investigate or prosecute. 
On the other hand, under this particular provision of R.A. No. 9851, Philippine law 
surrenders primary jurisdiction to an international tribunal. Hence, this provision should be 
repealed. 
Lew,--
~~.~~ ~¥4';' 
.oAf.MIRIAM DEF~NSOR S1'..NTIif-iO 
I 


FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
Second Regular Session 
) 
'11 
NOV 17 P 2 :27 
SEN~lf61 
S.No._~~=-
Introduced by Senator Miriam Defensor Santiago 
I 
AN ACT 
2 
AMENDING SECTION 17 OF REPUBLIC ACT NO. 9851, ALSO KNOWN AS THE 
3 
"PHILIPPINE ACT ON CRIMES AGAINST INTERNATIONAL HUMANlT ARIAN LAW, 
4 
GENOCIDE, AND OTHER CRIMES AGAINST HUMANITY" 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
5 
SECTION I. Section 17 of Republic Act No. 9851, also known as the "Philippine Act on 
6 
Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against 
7 
Humanity" is hereby amended as follows: 
8 
Section 17. Jurisdiction. -
The State shall exercise jurisdiction over 
9 
persons, whether militaTY or civilian, suspected or accused of a crime defined and 
10 
penalized in this Act, regardless of where the crime is committed, provided, any 
II 
one of the following conditions is met: 
12 
(a) The accused is a Filipino citizen; 
13 
(b) The accused, regardless of citizenship or residence, is present in the 
14 
Philippines; or 
15 
(c) The accused has committed the said crime against a Filipino citizen. 
16 
[In the interest of justice, the relevant Philippine authorities may dispense 
17 
with the investigation or prosecution of a crime punishable under this Act if 
18 
another court or international tribunal is already conducting the investigation or 
19 
undertaking the prosecution of such crime. Instead, the 1 PHILIPPINE authorities 
20 
may surrender or extradite suspected or accused persons in the Philippines to the 
21 
appropriate international court, if any, or to another State pursuant to the 
22 
applicable extradition laws and treaties. 
23 
No criminal proceedings shall be initiated against foreign nationals 
24 
suspected or accused of having committed the crimes defined and penalized in 
25 
this Act if they have been tried by a competent court outside the Philippines in 
26 
respect of the same offense and acquitted, or having been convicted, already 
27 
served their sentence. 
28 
SECTION 2. Repealing Clause. - All laws, decrees, orders, rules and regulations, or 
29 
parts thereof inconsistent with this Act are hereby repealed or amended accordingly. 
I 


I 
SECTION 3. Effectivity. - This Act shall take effect fifteen (IS) days after its publication 
2 
in at least two (2) newspapers of general circulation. 
Approved, 
/fldp 
2