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SENATE 
Introduced by Senator Antonio “Sonny” F. Trillanes N 
In 1973, the Convention on the Prevention and Punishment of Crimes Against 
Internationally Protected Persons including Diplomatic Agents was adopted by the UN 
Genera4 Assembly. R cam i & ~  
opp 20 Febnmy 1937 and was wtxded by the 
Philippines on XNovem5er 1776. 
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, 
repesentatiues 0-f states, and effk5als ef ktemt%l wganizaths. The convention 
ex;tends this protection to mmbe~s 
oFtheir fa&Ees t v b  a e m p n y  them in their oEcra1 
functions abroad. It shalI also punish attacks upon the oflicial premises, private 
accommodations, or means of transportation of a protected person. 
Though the Phrrfppines h ~ d  
already accesed to the coayention, 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 internationally protected persons or on their liberty as well as 
attacks OB their residence, 
etw their t&icicles. 
In view of the foregoing, immediate approval of this measure is earnestly sought 
A N I ~ N ~ O  
‘‘SONNY’ F. TRILLANES IV 
Senator 
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FOURTEENTH CONGRESS OF THE ) 
Introduced by Senator Antonio “Sonny” F. Trillanes IV 
AN ACT 
TO GIVE EFFECT TO THE CONVENTION ON THE PREVENTION AND 
PUNISHMEm OF CazMES AGAINST INTERNATIONALLY PROTECTED 
PERSONS AND FOR OTHER PUR€Y%E:S 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress ussembled. 
Section 1. Short Title. - This Act shall be known as the “Znternationally 
Protected Persons Act of 2008”. 
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 
Iav ofthe rand, md adkeres to a poIky afpeace, equaliiy, fististice, Eeedom, cooperation, 
and amity with all nations. 
Scc. 3. DeflnXon ofT8rw. -As used in this Act, the term - 
(1) 
“Convention” means the Convention on the Prevention and Punishment of 
Crimes against Internationally Protected Persons, including Diplomatic Agents adopted 
by the Generd Assexbly ofthe United Nations oii the 14%December 1973. 
(2) 
“Convention Country” means a foreign country that is a Party to the 
Convention. 
(3) 
(4) 
*Xountrym incIudes a State or territory, as the case may be. 
“Internationally Protected Persons” shall mean: 
(a) 
a Head of State, including any member of a collegial body that 
performs the functions of8 Head of State under tLe constitfitition of 
the State concerned, a head of a government or a minister 
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responsible for foreign, affairs, whenever he is outside the State 
which he holds that position or office; 
{b) a member ofthe family of a perxm refarred to,in paragraph (a) who’ 
is accompanying the person in an official business; 
a representative or an official of a State or an official or agent of an 
ehfd-character -%hobo; at 
the time and place of the alleged offense, is entitled under 
international law to special protection from any attack on his person, 
free&in. or digti!ty; or 
a member of the family of a person referred to in paragraph (c) who 
forms part of the person’s household. 
(c) 
(d) 
(5) - o ~ i ; & ~ ~ ~ ~ 8 t  
,jnte~ktiobdIy j,ro~cwd:$ers& ne&s: 
(a) an offense under section 4,5 or 6; or 
@) an abetment of, or a conspiracy or attempt to commit, an offense under 
se~tien4 ar 5 
(6) 
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“Relevant premises” means premises at which an internationally 
protected person resides or is staying or which he uses for the purpose 
of carrying olithk functions. as wch permi 
“Vehicle” includes any means of conveyance 
(7) 
The Foreign Affairs Secretary may issue a written certificate stating any 
.matter relevakt .to-.the questions ivhether~ a yerscn ,is,:;ar 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. 
See. 4. Oflenses Against Persons. - 
(1) 
Shall be committed bjj any persan who commits outside the Phi!ippines 
any act - 
(a) to or in relation to a person whom he h o w  to be an internationally 
pretected person; and 
(b) which, if committed in the Philippines, who have constituted an 
offense specified below: 
jArticlc 248 af thc Rcviscd Pcnal Codc 
1 Articlc 265 of thc Rcviscd Pcnal Codc 
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and M a l t r e a x  
of the Revised Penal Codc 
Penal Code 
I (Homicide) 
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Article 262 ofthe Revised Penal Code 
(Mutilation) 
Article 263 ofthe Revised Fend Code 
(Serious Physical Injuries) 
Article 265 of the Revised Penal Code 
(Less Serious Physical Znjuries) 
Article 267 of the Revised Penal Code 
(Kidnapping and Serious Illegal Detention) 
: Article 268 ofthe Revised Fend Code 
(Slight Illegal Detention) 
Article 270 of the Revised Penal Code 
(Kidnupping and Failure to Return u Minor) 
Article 280 of the Revised Penal Code 
Qualified Trespass to Dwellin@ 
Art. 281 ofthe Revised Penat Code 
(Destructive Arson) 
Aa. 32 1 of the Revised Penal Code 
I (Special Cases of Malicious Mischiefi 
1 Art 329 ofthe Revised Penal Code 
Art. 324 of the Revised Penal Code 
(Crimes Involving Destruction) 
Art. 327' ofthe Revised Penal Code 
(Other Forms of Arson) 
shall be guilty of the abovementioned offense and shall be liable on conviction to the 
same punis&ent to which he w w l d  have been liabk had he been convicted of that 
offense 
I (Other Mimhiefi) 
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Sec. 6. Maklng threats. - 
(1) 
Any person who, in or outside of the ,Philippines, threatens to commit an 
act which is - 
(a) 
an offense specified under Section 5 or in relation to a person whom he 
knows to be an internationally protected person; or 
(b) an offense specified under Section 5 to or in reration 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 guiIty of an offense under this Act aad shaD be E&?e on coaviction to a 5ae or to 
imprisonment for a term not exceeding - 
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(A) 
7 years; or 
(B) 
the tern of Lziprisoniient to whkh a person would be IiabIe far the 
offense constituted by committing the act threatened at the time of the 
offense to which the conviction relates, 
whiche-der is lesser, or to both fine and imprisonment. 
(2) 
Where no term of imprisonment is prescribed for the offense under 
subsection (l)(B), the person shall be liable on conviction to a fine or to imprisonment for 
a term not exceedkg 7 years, or to both fiae and impiisoixent. 
(3) 
If the offense is committed outside the Philippines, that person may be 
dealt with as if the offense had been committed in the Philippines. 
See. 7. Attempt, abetment, and consplraracy punishable as offenses. - Any person 
who, outside the Philippines, commits an act which, if committed in the Philippines, 
would constitute an abetmect of or a conspfrxy or an attempt to commit - 
(a) 
an offense specified under Section 4, where the offense is or is to be 
committed to or in relation to a person whom he knows to be an 
internationany protected person; or 
an offense specified under Section 5, where the offense is or is to be 
committed to or in relation to - 
(a) premises whkh he kno-"vs to be reIevant premises; or 
(b) 
a vehicle which he knows is used by an internationally protected 
person, 
(b) 
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and, if committed, is likely to endanger the person or liberty of the 
internationally protected person, 
is deemed to commit the act in the PhlIippines and noy be de& with according$. 
Sec. 8. Presumption of knowledge. - 
(1) 
Where, in any proceedings For on offense under Section 4, it is proved that 
the accused had committed the act referred to in that section to or in relation to an 
internationally protected person, it shall be presumed, unless the contrary is proved, that 
the occused lnew that the person in qdestion was an internationalIy protected person. 
(2) 
Where, in any proceedings for an offense under Section 5, it is proved that 
the accused had committed the act referred to in that section to or in relation to relevant 
premises or a vehicle used by m internationgEy protected person, it shall be presumed 
unless the contrary is proved, that the accused knew that the premises in question were 
relevant premises or the vehicle in question was a vehicle used by an internationally 
protected pa ,rson. 
(3) 
Where, in any proceedings for an offense under Section 6, it is proved that 
the accused had made a threat to commit an act referred to in that section to or in relation 
to an internationally protected permn, relevant premises or o 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 premfes {n question were relevant piemises oi the 
vehicle in question was a vehicle used by an internationally protected person. 
(4) 
Where, in any proceedings for an offense under Section 7, it is proved 
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that- 
(a) the accused had committed an act which, if committed in the 
Philippines, would constitute 
abetment of or a conspiracy or an 
attempt to commit mL offense refeired to in that section; and 
(b) the offense is or is to be committed to or in relation to an 
internationally protected person,. relevant premises or a vehicle used 
by m internatiordly pratected person (as the case nq k), 
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 vehicIe used by en internationally 
protected person. 
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Sec. 9. Information relating to offense, - 
(1) 
Every person in the Philippines who has information which he knows or 
belfeves maybe of materia? assistmce 
(a) 
in preventing the commission by another person of a relevant 
offense; or 
in securing the apprehension, prosecution or conviction of motker 
person, in the Philippines, for an offense involving the commission, 
preparation or instigation of a relevant offense, 
(5) 
and who fails ti disc!ose the information immediate!.,. to a poke oEcer sha!! be gui!ty of 
an offense and shall be liable on conviction to a fine not exceeding P50,OOO or to 
imprisonment for a term not exceeding 5 years or to both. 
(2) 
No crimina1 or civr! proceebings shaX! Tie agaTnst a person for any 
disclosure made in good faith under this section. 
(3) 
A person who makes a disclosure in good faith under this section shall not 
be treated as being in breach of aay iestiiction Gpon the discIomie of infomatbii 
imposed by law, contract or rules of professional conduct. 
In this section, “relevant offense” means - 
($) 
(4) 
an oEense specified under Section 4 committed to or in idatiitn to an 
internationally protected person; 
(b) an offense specified under Section 5 committed to or in relation to 
re!evant premises or a vehick used by an internationaIIy protected 
person; or 
an abetment of or a conspiracy or an attempt to commit an offense 
under paragraph [a], (5) or (GI. 
(c) 
Sec. 10. Mutual assistance among States. - Mutual assistance may be provided 
by the E~Xppines to a Convention country for a crimina? matter invol;.ing 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 
cmntry for criminal matteis involving certain oEenses in re1ahm to an TnternationaIly 
protected person, his official premises or place of residence or a vehicle used by him. 
SCC. If. BtradZ&. - Offenses agdnst m internahom!!.,. protected person sha!! 
be deemed extraditable acts. 
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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. SeparabiJi@ Clause. - If any provision or part thereof, is held invalid or 
ur,constitutionlrl, the remainder of the Iaw or the provision not othenlise affected shaII 
remain valid and subsisting. 
Scc. 13. Repealin,- clause. - Any Ia-w, presi6entiaI decree or issuance, e x e d v e  
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 
acixidinglq.. 
See. 14. Effectid@ Clause - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers ofgeneral circulation. 
Approved, 
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