r , 
SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
Second Regular Session 
SENATE 
S.No. 
2454 
) 
) 
) 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
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NOV 18 P1 :43 
REPEALING SECTION 17, PARAGRAPH 2, FIRST SENTENCE OF 
REPUBLIC ACT NO. 9851, ALSO KNOWN AS THE "PHILIPPINE ACT ON 
CRIMES AGAINST INTERNATIONAL HUMANITARIAN LAW, GENOCIDE, 
AND OTHER CRIMES AGAINST HUMANITY" 
EXPLANATORY NOTE 
Under the Rome Statute of the International Criminal Court, every state party 
should provide in its national criminal law that the state has jurisdiction over certain 
international crimes. 
At present, RepUblic Act No. 9851, also known as "Philippine Act on Crimes 
Against International Humanitarian Law, Genocide, and Other Crimes Against 
Humanity," Section 17, paragraph 2, first sentence, provides: 
In the interest of justice, the relevant Philippine authorities may 
dispense with the investigation or prosec\ltion 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. 
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This provision is otiose and superfluous\ On the one hand, under the principle of 
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complementarity, it is the Philippines that has primary jurisdiction over international 
crimes. The general rule is thai 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 Court will assume jurisdiction in case the state is 
unwilling or unable to investigate or prosecute, 
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But, on the other hand, under this particular provision of the Philippine Act, 
Philippine law gives primary jurisdiction to an international tribunal. Hence, this 
provision should be repealed,! 
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1 This bill was originally filed by Sen. Miriam Defensor Santiago during the Fifteenth Congress, Second 
Regular Session. 
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f • 
SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
Second Regular Session 
SENATE 
S.No. 
2454 
\ 
\ "-
) 
) 
) 
Introduced by Senator Miriam Defensor Santiago 
'14 
NOV 18 P 1 :43 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
1 
AN ACT 
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REPEALING SECTION 17, PARAGRAPH 2, FIRST SENTENCE OF 
3 
REPUBLIC ACT NO. 9851, ALSO KNOWN AS THE "PHILIPPINE ACT ON 
4 
CRIMES AGAINST INTERNATIONAL HUMANITARIAN LAW, GENOCIDE, 
5 
AND OTHER CRIMES AGAINST HUMANITY" 
6 
SECTION 1. Section 17, paragraph 2, first sentence, of Republic Act No. 9851, 
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also known as the "Philippine Act on Crimes Against International Humanitarian Law, 
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Genocide, and Other Crimes Against Humanity." 
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Section 17. Jurisdiction. - The State shall exercise jurisdiction over 
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persons, whether military or civilian, suspected or accused of a crime 
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defined and penalized in this Act, regardless of where the crime is 
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committed, provided, anyone of the following conditions is met: 
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(a) The accused is a Filipino citizen; 
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(b) The accused, regardless of citizenship or residence, is present in 
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the Philippines; or 
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( c) The accused has committed the said crime against a Filipino 
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citizen. 
., 
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IH the interest of justice, the felevaHt Philippim:J authorities may 
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displ:1Hse with the iHvestigatioH or proS(\lCUtiOH of a crime pUHishable uHder 
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this Act if aHother court or iHtefHatioHa\ tribuHal is already cOHductiHg ,he 
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iHvestigatioH Of uHdertakiHg the proseolltjoH of such crime. IHstead, the 
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PHILIPPINE authorities may surrender or extradite suspected or accused 
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persons in the Philippines to the appropriate international court, if any, or to 
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another State pursuant to the applicable extradition laws and treaties. 
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No criminal proceedings shall be initiated against foreign nationals 
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suspected or accused of having committed the crimes defined and penalized 
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in this Act if they have been tried by a competent court outside the 
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,... 
, . 
Philippines in respect of the same offense and acquitted, or having been 
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convicted, already served their sentence. 
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SECTION 2. Repealing Clause. ~ All laws, decrees, orders, rules and regulations, 
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or parts thereof inconsistent with this Act are hereby repealed or amended accordingly. 
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SECTION 3. Effectivity. ~ This Act shall take effect fifteen (15) days after its 
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pUblication in at least two (2) newspapers of general circulation. 
Approved, 
IfIdpnov2014 
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