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SIXTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
Senate Bill No. 129 0 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
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itUG 15 
AS :39 
There is a need to amend Section 17 of Republic Act No. 9851, also known as 
the "Philippine Act on Crimes Against International Humanitarian Law, Genocide, 
and Other Crimes Against Humanity" to correct the erroneous surrender of the 
Philippine state's jurisdiction over suspected or accused persons under the said 
law in cases when another state or an international court is already conducting 
investigation on or undertaking prosecution of the crime. 
In response to this, this measure amends the said law by giving to the Philippine 
authorities the full jurisdiction over suspected or accused persons covered under 
the said law, regardless of an ongoing investigation or prosecution of another 
court or international tribunal. 
This is to be consistent with the general rule that the primary jurisdiction over 
such persons will be given to the concemed state at all times, unless it is 
unwilling or unable to investigate or prosecute, in which case the International 
Criminal Court will assume jurisdiction. 
This measure was subrnitted in the Fifteenth Congress by the Committees on 
Justice and Human Rights, and Foreign Relations. However, it was overtaken by 
events and was not enacted into law. 
The immediate passage of this bill is earnestly sought. 
GGOY EJERCITO ESTRADA 
Senator 


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SIXTEENTH CONGRESS OF THE REPUBLIC) 
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OF THE PHILIPPINES 
) 
First Regular Session 
) 
'13 
IIUG 15 AS :39 
SENATE 
Senate Bill No. 1290 
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INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
AMENDING SECTION 17 OF REPUBLIC ACT NO. 9851, ALSO KNOWN AS 
THE 
"PHILIPPINE 
ACT 
ON 
CRIMES 
AGAINST 
INTERNATIONAL 
HUMANITARIAN LAW, GENOCIDE, AND OTHER CRIMES AGAINST 
HUMANITY" 
Be it enacted by the Senate and the House of Representatives of the Philippines 
in Congress assembled: 
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SECTION 1. Section 17 of Republic Act No. 9851, also known as the "Philippine 
2 
Act on Crimes Against International Humanitarian Law, Genocide, and Other 
3 
Crimes Against Humanity" is hereby amended as follows: 
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"Section 17. Jurisdiction. - The State shall exercise jurisdiction over persons, 
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whether military or civilian, suspected or accused of a crime defined and 
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penalized in this Act, regardless of where the crime is committed, provided, any 
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one 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 the 
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Philippines; or, 
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(c) The accused has committed the said crime against a Filipino citizen. 
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[In the interest of justice, the relevant Philippine authorities may dispense with 
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the investigation or prosecution of a crime punishable under this Act if another 
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court or international tribunal is already conducting the investigation or 
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undertaking the prosecution of such crime. Instead, the] PHILIPPINE authorities 
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may surrender or extradite suspected or accused persons in the Philippines to 
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the appropriate international court, if any. or to another State pursuant to the 
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applicable extradition laws and treaties. 
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No criminal proceedings shall be initiated against foreign nationals suspected or 
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accused of having committed the crimes defined and penalized in this Act if they 
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have been tried by a competent court outside the Philippines in respect of the 
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same offense and acquitted, or having been convicted, already served their 
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sentence. 
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SEC. 2. Repealing Clause. - All laws, decrees, orders, rules and regulations, or 
2 
parts thereof inconsistent with this Act are hereby repealed or amended 
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accordingly. . 
. 
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SEC. 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. 
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Approved, 
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