FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
SENATE 
Senate Bill No. 1244 
INTRODUCED BY SEN. MANNY VILLAR 
EXPLANATORY NOTE 
This is a bill establishes a "Philippine Comprehensive Law on Landmines". This 
law would be the main policy expression of the Philippines compliance with its 
international obligations under the two related treaties which it has ratified, namely: 
-
the 1997 Convention on the Prohibition of Use, Stockpiling, Production and 
Transfer of Anti- Personnel Mines and on Their Destruction (hereinafter, the 
Ottawa Treaty) 
the 1996 Amended protocol on prohibition or Restrictions on the Use of the 
mines, Booby-Traps and other devices (hereinafter, Amended protocol II), 
annexed to the 1980 Convention on Prohibitions or Restrictions on the Use of 
Certain Conventional Weapons which may be deemed to be excessively 
injurious or to have Indiscriminate Effects. 
Under both treaties, States Parties like the Philippines are obliged to take all 
appropriate legislative and other measures to implement the treaties and suppress 
violations of the prohibitions and restrictions on the use of landmines, booby traps and 
other devices. 
But the Philippines must not only implement both treaties. It must also reconcile 
its implementation of both treaties. This is because the Ottawa Treaty provides for a 
total ban on anti-personnel mines, while Amended Protocol \I basically merely restricts 
or regulates the use of all mines, whether anti-personnel or anti-vehicle. 
The 
Philippines, through this law, resolves whatever conflict in the implementation and 
application of both treaties in favor of a total ban on anti-personnel mines (see Section 
2, Paragraph 6 and Section 23, Paragraph 2). 
Through this law, the Philippines seeks not only to address its own landmine 
problem in its internal armed conflicts but also to contribute to the overall humanitarian 
effort to solve the global scourge of anti-personnel mines. After all, the Philippines has 
a tradition of adherence to the international rule of law, human rights and international 
humanitarian law, as shown by its Constitution, jurisprudence and accession to a good 
number of relevant treaties. 
Progressive state practice and opinion juris (legal opinion) such as through this 
law is one way for the Philippines to contribute to a better international legal regime on 
landmines. This law shows that where a state adheres to both the Ottawa Treaty and 


• 
Amended Protocol II, it makes sense to have only one national legislation on landmines 
which reconciles the implementation of both treaties. 
The ICRC correctly advises 'adherence to both treaties because, apart from a 
total ban on anti-personnel mines under the Ottawa Treaty, Amended Protocol II covers 
other important aspects regarding anti-personnel mines (e.g.) recording and use of 
information: access and security for peacekeeping, humanitarian and enquiry missions; 
and a technical annex which in fact the Ottawa Treaty makes reference to) as well as 
the whole matter of anti-vehicle mines plus booby-traps and other devices. 
Besides, a state party to Amended Protocol II would be able to invoke it vis-a-vis 
its own rebel groups which are bound by operation of international law and vis-a-vis 
other states parties to the protocol. It establishes the rules that those who use mines of 
whatever type are responsible for their removal at the end of hostilities. This could 
prove an important protection, even for parties to the Ottawa Treaty, in situations of 
conflict with a state not party to it. 
This law adopts as mush as possible the applicable provisions of the Ottawa 
Treaty and Amended Protocol II. 
But it also improves on the Ottawa Treaty in 
particular, in the light of Philippines experience, other country legislation and 
recommendations of the ICRC and the International Campaign to Ban Landmines 
(ICBL). The bill was drafted by the non-government organization Philippines Campaign 
to Ban Landmines (PCBL). Among the original, innovative or cutting-edge features of 
the bill are: 
1. 
definition of anti-personnel mines based on impact or effect, not just on 
design; clarification as victim-activated, not command-detonated; inclusion 
of improvised explosive devices, anti-vehicle mines with anti-handling 
devices, anti-vehicle mines with the same effect as anti-personnel mines, 
and Claymore mines activated by tripwire (Section 4, Paragraph 2) 
2. 
technical definition of command-detonation, otherwise it is victim-activated 
(Section 4, Paragraph' 3) 
3. 
application of the total ban on anti-personnel mines to their transit and 
carrying by visiting . foreign military vessels and forces (Section 2, 
Paragraph 8; Section 3, Paragraph 8; Section 5, Paragraph 5) 
4. 
universal jurisdiction and extraterritorial application (Section 2, Paragraph 
10; Section 3, Paragraptt 7) 
5. 
zero retention of anti-personnel mines (Section 5, Paragraph 3) 
6. 
ban on technology transfer regarding anti-personnel mines (Section 4, 
Paragraph 16; Section 5, Paragraph 4; Section 9, Paragraph 4) 
7. 
provisions for compliance by the Armed Forces of the Philippines, 
including the development and use of alternatives to anti-personnel mines 
for perimeter defense of field detachments, and ensuring that Claymore 
mines, if ever, are usable and used in command-detonated mode only 
(Section 16) 
8. 
provisions for compliance by rebel groups, including inclusion of the 
land mines agenda in peace processes with them (Section 16) 
9. 
creation of a Philippine Coordinating Committee on Landmines (Section 
21) 
2 


10. 
international law references for application and interpretation of this Law 
(Section 23) 
Like efforts towards national implementing legislation on the 1949 Geneva 
Conventions, the 1998 Rome Statute of the International Criminal Court, and other 
treaties of International Humanitarian Law and Human Rights, this law also hopes to 
infuse more international law consciousness not only in the noble profession of law but 
also in the noble profession of arms. Let it not be a repeated excuse that silent enim 
legis inter arma (the law stands mute in the midst of arms). 
The soonest approval of this bill is therefore most earnestly sought. 
MANNY ILLAR 
3 


FIFTEENTH CONGRESS OF THE· 
REPUBLIC OF THE PHILIPPINES .. 
First Regular Session 
SENATE 
Senate Bill No.12 4 4 
INTRODUCED BY SEN. MANNY VILLAR 
AN ACT 
1 
:17 
PROVIDING FOR A TOTAL BAN ON ANTI-PERSONNEL LANDMINES, FOR OTHER 
PROHIBITIONS OR RESTRICTIONS ON THE USE OF LANDMINES, BOOBY-TRAPS 
AND OTHER DEVICES, FOR CREATION OF A PHILIPPINES COORDINATING 
COMMITTEE ON LANDMINES AND FOR RELATED PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. 
Short Title'; -
This Act shall be known as the "Philippine 
Comprehensive Law on Landmines" (PCLL). 
SEC. 2. Declaration of Principles and Policies. -
a. 
The Philippines renounces war as an instrument of national policy, adopts 
the generally accepted principles of international law of the law of the land 
and adheres to a policy of peace, equality, justice, freedom, cooperation 
and amity among all nations. 
b. 
Among the generally accepted principles of international law incorporated 
into Philippine law are the rules and principles of land warfare and of 
international humanitarian law under the Hague Conventions and the 
Geneva Conventions; and human rights as defined by the Universal 
Declaration of Human Rights. 
c. 
Among the generally accepted principles of international humanitarian law, 
also applicable to landmines, are that the right of the parties to an armed 
conflict to choose methods or means of warfare is not unlimited, that the 
4 


employment in armed conflicts of weapons, projectiles and materials and 
methods of warfare of a nature to cause superfluous injury or unnecessary 
suffering is prohibited, and that a distinction must be made between 
civilians and combatants. 
d. 
The Philippines wishes to contribute to the overall humanitarian effort to 
put an end to the suffering and casualties caused by anti-personnel mines 
that kill or maim hundreds of people, mostly innocent and defenseless 
civilians and especially children, every week world-wide, obstruct 
economic development and reconstruction, inhibit the retum of refugees 
and internally displaced persons, and have other severe consequences for 
years after emplacement. 
e. 
The Philippines shall take all appropriate measures to implement and to 
reconcile the implementation of the two international treaties dealing with 
land mines which it has ratified: the 1997 Convention on the Prohibition of 
the Use, Stockpiling, production and Transfer of Anti-Personnel Mines and 
on their Destruction (hereinafter, the "Ottawa Treaty"), and the 1996 
Amended Protocol on Prohibitions and Restrictions on the Use of Mines, 
Booby-Traps and other Devices (hereinafter, "Amended Protocol II) 
annexed to the 1980 Convention on Prohibitions or Restrictions on the 
Use of Certain Conventional Weapons which May be Deemed to be 
Excessively Injurious or to Have Indiscriminate Effects (hereinafter, "1980 
Weapons Convention"). 
f. 
As far as anti-personnel mines are concerned, the Philippines adopts a 
total ban, pursuant to .the Ottawa Treaty, not just restriction or regulation 
under Amended Protocol II. 
g. 
Pursuant to this total ban on anti-personnel mines, the Armed Forces of 
the Philippines shall 'effect the corresponding changes in its military 
doctrine, including the development and use of alternatives for perimeter 
defense of its field detachments. 
5 


h. 
The total ban on anti-personnel mines shall apply to their transit and 
carrying by visiting foreign military vessels and forces, including in jOint 
military exercises, in Philippine territory. 
i. 
The inclusion of the Jandmines agenda in peace processes with rebel 
groups in the Philippines shall be pursued. 
j. 
As in cases of war crimes, there shall be universal jurisdiction over and 
extraterritorial application of this law to persons, whether Filipino or 
foreign, who commit the prohibited acts abroad. 
SEC. 3. Scope of Application. -
a. 
This law relates to the use on land of the mines, booby-traps and other 
devices, defined he.rein, including mines laid to interdict beaches, 
waterway crossings or river crossings, but does not apply to the use of 
anti-ship mines at sea or in inland waterways. 
b. 
This law shall apply, in addition to situations referred to in Article 1 of the 
1980 Weapons Convention, to situations referred to in Article 3 common 
to the Geneva Conventions of 12 August 1949. This law shall not apply to 
situations of intemal (jisturbances and tensions, such as riots, isolated and 
sporadic acts of violence and other acts of a similar nature, as not being 
armed conflicts. 
c. 
In case of armed conflicts not of an intemational character occurring in the 
territory of the State, each party to the conflict shall be bound to apply the 
prohibitions and restrictions of the law. 
d. 
Nothing in this law shall be invoked for the purpose of affecting the 
sovereignty of the State or the responsibility of the Government, by all 
legitimate means, to maintain or re-establish law and order in the State or 
to defend the national unity and territorial integrity of the State. 
e. 
Nothing in this law shall be invoked as a justification for intervening, 
directly or indirectly, for any reason whatever, in the armed conflict or in 
6 


the internal or external affairs of the State in the territory of which conflict 
occurs. 
f. 
The application of the provisions of this law to parties to a conflict, which 
are not States that have accepted this Protocol, shall not change their 
legal status or the legal status of a disputed territory, either explicitly or 
implicitly. 
g. 
The State shall exercise jurisdiction over all persons, natural or juridical, 
military or civilian, Filipino or foreign, who commit acts prohibited by this 
law, no matter where these acts occurred, even if they took place in the 
territory of another State, involved suspects or victims who are not 
nationals of the State, or posed no direct threat to the State's own 
particular security interests. 
h. 
The total ban on anti-personnel mines in law shall apply to their transit 
and carrying by visiting foreign military vessels and forces, including in 
joint military exercises, in Philippine territory. 
SEC. 4. Definitions. -
a. 
"Mine" means a munitions placed under, on or near the ground or other 
surface area and designed to be exploded by the presence, proximity or 
contact of a person or vehicle. 
b. 
"Anti-personnel mine'" means a mine designed to be or has the effect of 
being exploded by the presence, proximity or contact of a person and that 
will incapacitate, injure or kill one or more persons. It is victim-activated, 
not command-detonated. 
It includes improvised explosive devices 
produced by adapting other munitions to function as anti-personnel mines. 
It includes anti-vehicle mines equipped with anti-handling devices or which 
otherwise have the same effect as anti-personnel mines. 
It includes 
Claymore mines which are activated by tripwire but excludes those which 
are command-detonated. 
7 


c. 
"Command-detonation" means a system whereby a person manually 
detonates a mine electrically by an electric firing mechanism. This system 
allows total control over the mine's effect but requires a person to be 
present. It is normally used with directional mines such as the Claymore. 
Mines which are not command-detonated are considered victim-activated. 
d. 
"Anti-vehicle mine" means a mine designed to be detonated by the 
presence, proximity or contact of a vehicle as opposed to a person. 
e. 
"Anti-handling device" means a device intended to protect a mine which is 
part of linked to, attached to or placed under the mine and which activates 
when an attempt is made to tamper with the mine. 
f. 
"Remotely-delivered mine" means a mine not directly emplaced but 
delivered by artillery, missile, rocket, mortar, or similar means, or dropped 
from an aircraft. Mine!l delivered from a land-based system from less than 
500 meters are not considered to be 'remotely-delivered", provided that 
they are used in accordance 
with Section 7 and other relevant provisions of this law. 
g. 
"Remote control" means control by commands from a distance. 
h. 
"Booby Trap" means any device or material which is designed, 
constructed, or adapted to kill or injure, and which functions unexpectedly 
when a person disturbs or approaches an apparently harmless object or 
performs an apparently safe act. 
i. 
"Other devices" means manually-emplaced munitions and devices 
including improvised explosive devices designed to kill, injure, or damage 
and which are activated manually, by remote-control or automatically after 
a lapse of time. 
j. 
"Self-destruction mechanism" means an incorporated or externally 
attached 
automatically-functioning 
mechanism 
which 
secures 
the 
destruction of the munition into which it is incorporated or to which it is 
attached. 
8 


k. 
"Self-neutralization mechanism" means an incorporated automatically-
functioning mechanisll]. which renders inoperable the munition into which it 
is incorporated. 
1. "Self-deactivating" means automatically rendering a munition inoperable by 
means of the irreversible exhaustion of a component, for example, a 
battery, that is essential to the operation of the munition. 
m. 
"Minefield" is a defined area in which mines have been emplaced. Phoney 
minefields means an area free of mines that simulates a minefield. The 
term "minefields" include phoney minefields. 
n. 
"Mined area" is an area which is dangerous due to the presence of mines 
o. 
"Recording" means a physical, administrative and technical operation 
designed to obtain, for the purpose of registration in official records, all 
available information facilitating the location of minefields, mined areas, 
booby-traps and other devices. 
p. 
"Transfer" involves, in addition to the physical movement of mines within, 
into or from national territory, the transfer of title to and control over the 
mines, but does not irvolve the transfer of territory containing emplaced 
mines. It includes the transfer of technology, patents and intellectual 
property rights for anti-personnel mines. 
q. 
"Militarx objective" means, so far as objects are concerned, any object 
which by its nature, location, purpose or use makes an effective 
contribution to military action and whose total or partial destruction, 
capture or neutralization, in the circumstance ruling at the time, offers a 
definite military advantage. 
r. 
"Civilian objects" are' all objects which are not military objectives as 
defined in paragraph 17 of this section. 
SEC. 5. Total Ban on Anti-Personnel Mines. -
1. 
It is prohibited for all persons, natural and juridical, under any 
circumstances: 
9 


a. 
To use anti-personnel mines; 
b. 
To develop, produce, otherwise acquire, stockpile, retain or 
transfer to anyone, directly or indirectly, anti-personnel mines; 
c. 
To assist, encourage or induce, in any way, anyone to engage in 
any activity prohibited under this law. 
2. 
The State undertakes to destroy or ensure the destruction of all anti-
personnel mines on territory under its jurisdiction or control in accordance 
with the Ottawa Treaty. 
3. 
There shall be no retention of any number of anti-personnel mines for any 
purpose. 
4. 
Only the transfer of anti-personnel mines for the purpose of destruction is 
permitted. Prohibited transfer includes technology transfer. 
5. 
The transit and carrying of anti-personnel mines by visiting foreign military 
vessels and forces, 'including in joint military exercises, in Philippine 
territory is prohibited. 
SEC. 6. General Restrictions on the Use of Mines, Booby-Traps and Other 
Devices 
1. 
Without prejudice to Section 5, this Section applies to: 
(a) mines in general, including anti-vehicle mines; 
(b) booby-traps; and 
( c) other devices. 
2. 
Each party to a conflict is, in accordance with the provisions of this law, 
responsible for all mines, booby traps and other devices employed by it 
and undertakes to clear, remove, destroy or maintain them as specified in 
this law. 
3. 
It is prohibited in all circumstances to use any mine, booby-trap or other 
device which is designed or of a nature to cause superfluous injury or 
unnecessary suffering. 
10 


, 
4. 
Weapons to which this section applies shall strictly comply with the 
standards and limitations specified in the Technical Annex of Amended 
Protocol II with respect to each particular category. 
5. 
It is prohibited to use mines, booby-traps or other devices which employ a 
mechanism or device specifically designed to detonate the munition by the 
presence of commonly available mine detectors as a result of their 
magnetic or other non-contact influence during normal use in detection 
operations. 
6. 
It is prohibited to use a self-deactivating mine equipped with an anti-
handling device that is designed in such a manner that the anti-handling 
device is capable of functioning after the mine has ceased to be capable 
of functioning. 
7. 
It is prohibited in all circumstances to direct weapons to which this section 
applies, either in offense, defense or by way of reprisals, against the 
civilian population as such or against individual civilians or civilian objects. 
8. 
The indiscriminate use of weapons to which this section applies is 
prohibited. Indiscriminate use is any placement of weapons: 
a. 
which is not on, or directed against, a military objective. In case of 
doubt as to whether an object which is normally dedicated to 
civilian purposes, such as a place of worship, a house or other 
dwelling or a school, is being used to make an effective contribution 
to military action, it shall be presumed not to be so used; or 
b. 
which employs a method or means of delivery which cannot be 
directed at a specific military objective; or 
c. 
which may be expected to cause incidental loss of civilian life, injury 
to civilians, damage to civilian objects, or a combination thereof, 
which would be excessive in relation to the concrete and direct 
military advantage anticipated. 
11 


9. 
Several clearly separated and distinct military objectives located in a city, 
town, village or other area containing a similar concentration of civilians or 
civilian objects are not to he treated as a single military objective. 
10. 
All feasible precautions shall be taken to protect civilians from the effects 
of weapons to which this section applies. Feasible precautions are those 
precautions which are practicable or practically possible taking into 
account all circumstances ruling at the time, including humanitarian and 
military considerations. These circumstances include, but are not limited 
to: 
a. 
the short- and long-term effect of mines upon the local civilian 
population for t~e duration of the minefield; 
b. 
possible measures to protect civilians (for example, fencing, signs, 
warming and monitoring); 
c. 
the availability and feasibility of using alternatives; and 
d. 
the short-and long-term military requirements for a minefield 
11. 
Effective advance warning shall be given of any emplacement of mines, 
booby- traps and other devices which may affect the civilian population, 
unless circumstances do not permit. 
SEC. 7. Restrictions on the Use of Remotely-Delivered Mines.-
1. 
It is prohibited to use remotely-delivered mines unless they are recorded 
in accordance with sub-paragraph 1 (b) of the Technical Annex of 
Amended Protocol 11. 
2. 
It is prohibited to use 'remotely-delivered mines other than anti-personnel 
mines, unless, to the extent feasible, they are equipped with an effective 
self-destruction or self-neutralization mechanism and have a back-up self-
deactivation feature, which is designed so that the mine will no longer 
function as a mine when the mine no longer serves the military purpose 
for which it was placed in position. 
12 


3. 
Effective advance warning shall be given of any delivery of remotely-
delivered mines wh.ich may affect the civilian population, unless 
circumstances do not permit. 
SEC. 8. Prohibitions on the Use of Booby-Traps and Other Devices. -
1. 
Without prejudice to the rules of international law applicable in armed 
conflict relating to treachery and perfidy, it is prohibited in all 
circumstances to use booby-traps and other devices which are in any way 
attached to or associated with: 
a. 
internationally recognized protective emblems, signs or signals; 
b. 
sick, wounded or dead persons; 
c. 
burial or cremation sites or graves; 
d. 
medical facilities, medical equipment, medical supplies or medical 
transportation; . 
e. 
children's toys or other portable objects or products specially 
designed for the feeding, hygiene, clothing or education of children; 
food or drink; . 
f. 
kitchen utensils or appliances except in military establishments, 
military locations or military supply depots; 
objects clearly of a religious nature; 
g. 
'historic monuments, works of art or places of worship which 
constitute the cultural or spiritual heritage of peoples; 
h. 
animals or their carcasses. 
2. 
It is prohibited to use booby-traps or other devices in the form of 
apparently harmless portable objects which are specifically designed and 
constructed to contain explosive material. 
3. 
Without prejudice to the provisions of Section 6, it is prohibited to use 
weapons to which this section applies in any city, town, village or other 
area containing a similar concentration of civilians on which combat 
13 


between ground forces is not taking place or does not appear to be 
imminent, unless either: 
a. 
they are placed on or in close vicinity of a military objective; or 
b. 
measures are taken to protect civilians from their effects, for 
example, the posting of warning sentries, the issuing of warnings or 
the provision of fences. 
SEC 9. Transfers. -
1. 
In order to promote the purposes of this law, the State: 
a. 
undertakes not to transfer any mine the use of which is prohibited 
by this law; 
b. 
undertakes not to transfer any mine to any recipient other than a 
State or a State agency authorized to receive such transfers; 
c. 
undertakes to exercise restraint in the transfer of any mine the use 
of which is restricted by this law; and 
d. 
undertakes to ensure that any transfer in accordance with this 
section takes place in full compliance, by both the transferring and 
recipient State, with the relevant provisions of this law and the 
applicable norms of international humanitarian law. 
2. 
In the event that the State declares that it will defer compliance with 
specific provisions on the use of certain mines, as provided for in the 
Technical Annex of Amended Protocol II, sub-paragraph 1 (a) of this 
section shall however apply to such mines. 
3. 
The State, pending the effectivity of this law, will refrain from any actions 
which would be inconsistent with sub-paragraph 1 (a) of this section. 
4. 
This section shall be without prejudice to the prohibition on the transfer of 
anti- personnel mines except for the purpose of destruction. Prohibited 
transfer includes technology transfer. 
14 


SEC. 10. Penalties. -
1. 
The main penalty of imprisonment for violations of Sections 5 and 8, shall 
be for a specified number of years within a range from 5 to 20 years; 
2. 
The main penalty of imprisonment for violations of Sections 6 and 7 shall 
be for a specified number of years within a range from 3 to 15 years; 
3. 
The main penalty of imprisonment for violation of Sections 9 and 19.7 
shall be for a specified number of years within a range from 1 to 10 years; 
4. 
In addition to imprisonment, the Court may order: 
a. 
a commensurate fine; and/or 
b. 
seizure or forfeiture of anti-personnel mines or components thereof. 
SEC. 11. Destruction of Stockpiled Anti-Personnel Mines.-
The State undertakes to destroy or ensure the destruction of all stockpiled anti-
personnel mines it owns or posse~ses, or that are under its jurisdiction or control, as 
soon as possible, but not later tha·n four years after the entry into force of the Ottawa 
Treaty for the Philippines on 1 August 2000. 
SEC. 12. Destruction of Anti-Personnel Mines in Mined Areas. -
1. 
The State undertakes to destroy or ensure the destruction of all anti-
personnel mines in mined areas under its jurisdiction or control, as soon 
as possible but not later than ten years after the entry into force of the 
Ottawa Treaty for the Philippines on 1 August 2000. 
2. 
The State shall make every effort to identify all areas under its jurisdiction 
or control in which anti-personnel mines are known or suspected to be 
emplaced and shall ensure as soon as possible that all anti-personnel 
mines in mined areas under its jurisdiction are perimeter-marked, 
monitored and protected by fencing or other 
means, to ensure the effective exclusion of civilians, until all anti-
personnel mines contained therein have been destroyed. The marking 
shall at least be the standards set out in Amended Protocol II. 
15 


SEC. 13. Recording and Use of Information on Minefields, Mined Areas, 
Mines, Booby Traps and Other D~vices. -
1. 
All information concerning minefields, mined areas, mines, bobby traps 
and other devices shi;lll he recorded in accordance with the provisions of 
the Technical Annex of Amended Protocol I!. 
2. 
All such records shall be retained by the parties to a conflict, who shall, 
without delay after the cessation of active hostilities, take all necessary 
and appropriate measures, including the use of such information, to 
protect civilians from the effects of minefields, mined areas, mines, booby-
traps and other devices in areas under their control. At the same time, 
they shall also make available to the other party or parties to the conflict 
and to the Secretary General of the United Nations all such information in 
their possession concerning minefields, mined areas, mines, booby-traps 
and other devices laid by them in areas no longer under their control; 
provided, however, subject to reciprocity, where the forces of a party to a 
conflict are in the territory of an adverse party, either party may withhold 
such information froni the Secretary General and the other party, to the 
extent that security interests require such withholding, until neither party is 
in the territory of the other. In the latter case, the information withheld shall 
be disclosed as soon as those security interests permit. Wherever 
possible, the parties to the conflict shall seek, by mutual agreement, to 
provide for the release of such information at the earliest possible time in a 
manner consistent with the security interests of each party. 
3. 
This section is without prejudice to the provisions of Sections 14 and 15 of 
this law. 
16 


SEC. 14. Removal of Minefields, Mined Areas, Mines, Booby-Traps and 
Other Devices. -
1. 
Without delay after the cessation of active hostilities, all minefields, mined 
areas, mines, booby ·traps and other devices shall be cleared, removed, 
destroyed or maintained in accordance with Section 6 of this law. 
2. 
The parties to a conflict bear such a responsibility with respect to 
minefields, mined areas, mines, booby-traps and other devices in areas 
under their control. 
3. 
With respect to minefields, mined areas, mines, booby-traps and other 
devices laid by a party in areas over which it no longer exercises control, 
such party shall provide to the party in control of the area pursuant to 
paragraph 2 of this section, to the extent permitted by such party, 
'. 
technical and material assistance necessary to fulfill such responsibility. 
4. 
At all times necessaty, the parties shall endeavor to reach agreement, 
both among themselves and, where appropriate, with other States and 
with international organizations, on the provision of technical and material 
assistance, including in appropriate circumstances, the undertaking of joint 
operations necessary to fulfill such' responsibilities. 
SEC. 15. Protection from the Effects of Minefields, Mined Areas, Mines, 
Booby Traps and Other Devices. -
1. 
Application 
a. 
With the exception of the forces and missions referred to in sub-
paragraph 2(a)(i) of this section, this section applies only to 
missions which are performing functions in an area with the 
consent of the State on whose territory the functions are performed. 
b. 
The application of the provisions of this section to parties in a 
conflict which are not states shall not change their legal status or 
the legal status of a disputed territory, explicitly or implicitly. 
17 


c. 
The provisions of this section are without prejudice to existing 
international humanitarian law, or other international instruments as 
applicable, or'decisions by the Security Council of the United 
Nations, which provide for a higher level of protection to personnel 
functioning in accordance with this section. 
2. 
Peace-keeping and certain other forces and missions 
a. 
This paragraph applies to: 
i. 
any United Nations force or mission performing peace-
keeping, observation or similar functions in any area in 
accordance with the Charter of the United Nations; 
ii. 
any mission established pursuant to Chapter VIII of the 
Charter ,of the United Nations and performing functions in the 
area of conflict. 
b. 
Each party to a conflict, if so requested by the head of a force or 
mission to which this paragraph applies, shall: 
i. 
so far as it is able, take such measures as are necessary to 
protect the force or mission from the effects of mines, booby-
traps and other devices in any area under its control; 
ii. 
if necessary, in order to effectively protect such personnel, 
remove 'or render harmless, so far as it is able, all mines, 
booby-traps and other devices in that area; and 
iii. 
inform the head of the force or mission of the location of all 
known minefields, mined areas, mines, booby-traps and 
other de)/ices in the area in which the force or mission is 
performing its functions and, so far as is feasible, make 
available to the head of the force or mission all information in 
its possession concerning such minefields, mined areas, 
mines, booby-traps and other devices. 
3. 
Humanitarian and fact-finding missions of the United Nations System 
18 


a. 
This paragraph applies to any humanitarian or fact-finding mission 
of the United Nations System. 
b. 
Each party to a conflict, if so requested by the head of the mission 
to which this paragraph applies, shall: 
i. 
Provide the personnel of the mission with the protections set 
out in subparagraph 2(b)(i) of this section; and 
ii. 
If access to or through any place under its control is 
necessary for the performance of the mission's functions and 
in order to provide the personnel of the mission with safe 
passage to or through that place: 
(aa). 
unless on-going hostilities prevent, inform the head of 
the mission of a safe route to that place if such 
in.formation is available; or 
(bb). if information identifying a safe route is not provided in 
accordance with subparagraph (aa), so far as is 
necessary and 
feasible 
clear a lane through 
minefields. 
4. 
Missions of the International Committee of the Red Cross 
a. 
This paragraph applies to any mission of the International 
Committee of the Red Cross performing functions with the consent 
of the State as provided for by the Geneva Convention of 12 
August 1949 and, where applicable, their Additional Protocols. 
b. 
Each party to a conflict, if so requested by the head of a mission to 
which this paragraph applies, shall: 
a. 
provide the personnel of the mission with the protections set 
out in sub- paragraph (2)(b)(i) of this section; 
b. 
take the measures set out in sub-paragraph (3)(b)(ii) of this 
section. , 
5. 
Other Humanitarian Missions and missions of enquiry 
19 


a. 
Insofar as paragraphs 2, 3 and 4 above do not apply to them, this 
paragraph applies to <,my of the following missions when they are 
periorming functions in the area of a conflict or to assist the victims of a 
conflict: 
a. 
any humanitarian mission of a national Red Cross or Red Crescent 
society or of their International Federation; 
b. 
any mission of an impartial humanitarian organization, including 
any impartial humanitarian demining mission; and 
c. 
any mission of enqUiry established pursuant to the provisions of the 
Geneva Conventions of 12 August 1949, and ,where applicable, 
their Additional Protocols. 
b. 
Each patty to a conflict, if so requested by the head of a mission to which 
this paragraph applies, shall: 
a. 
provide the personnel of the mission with the protections set out in 
sub- paragraph (2)@)(i) of this section; and 
b. 
take the measures set out in sub-paragraph (3)(b)(ii) of this section 
6. 
Confidentiality 
All information provided in confidence pursuant to this section shall be 
treated by the recipient in strict confidence and shall not be released outside the 
force or mission concerned without the express authorization of the provider of. 
the information. 
7. 
Respect for laws and regulations 
Without prejudice to such privileges and immunities as they may enjoy or 
to the requirements of their duties, personnel participating in the forces and 
missions referred to in this section shall: 
a. 
Respects the laws and regulations of the host State; and 
b. 
Refrain from any action or activity incompatible with the impartial 
and international nature of their duties. 
20 


SEC. 16. 
Compliance by the Armed Forces of the Philippines.-
1. 
Pursuant to this Law, especially its total ban on anti-personnel mines, the 
Armed Forces of the Philippines shall effect the corresponding changes in 
its military doctrine. 
2. 
The Armed Forces 'of the Philippines shall issue relevant military 
instructions and operating procedures, including the notification of units 
and enterprises involVed in arms development, production, acquisition and 
transfer. 
3. 
Armed forces personnel shall receive training commensurate with their 
duties and responsibilities to comply with the provisions of this law. 
4. 
The Armed Forces shall develop and use alternatives to anti-personnel 
mines for 
perimeter defense of its field detachments, such as various 
early warning devices. 
5. 
In cases of the reacquisition by the armed forces of Claymore mines, it 
shall be ensured that these are usable and used in command-detonated 
mode only. 
SEC. 17. Compliance by Rebel Groups.-
1. 
In addition to the enforcement of this law vis-a-vis Philippine internal 
armed conflicts and rebel groups, the State welcomes the voluntary 
compliance by rebel 'groups with the norms established by the Ottawa 
Treaty and Amended Protocol 11, especially the total ban on anti-
personnel mines, which they may formalize through any of several 
available instruments. 
2. 
The inclusion of the Jandmines agenda in peace processes with rebel 
groups in the Philippines shall be pursued, 
3. 
The State recognizes the special role of impartial humanitarian 
organization in the engagement of rebel groups on a total ban on anti-
personnel mines and other humanitarian norms, and shall provide an 
enabling environment for such engagement. 
21 


SEC. 18. International Cooperation and Assistance. -
1. 
The State shall consult and cooperate with other States Parties regarding 
the implementation of the provisions of the Ottawa Treaty and Amended 
Protocol 11, and to work together in a spirit of cooperation to facilitate 
compliance by States Parties with their obligations under the aforesaid 
treaties. 
2. 
In fulfilling the obligations under the Ottawa Treaty and Amended Protocol 
11, the State shall seek assistance, where feasible, from other State 
Parties to the extent possible. 
3. 
The State undertakes to facilitate and shall have the right to participate in 
the fullest possible exchange of equipment, material and scientific and 
technological information concerning the implementation of this law. The 
State shall not impQse undue restrictions on the provision of mine 
clearance 
equipment 
and 
related 
technological 
information 
for 
humanitarian purposes, 
4. 
The State, if in a position to do so, shall provide assistance for the care 
and rehabilitation and social and economic reintegration, of mine victims 
and for mine awareness programs. Such assistance may be provided , 
inter alia, through the United Nations System, international, regional or. 
national organizations or institutions, the International Committee of the 
Red Cross, national Red Cross and 
Red 
Crescent societies, 
and their International Federation, 
non-
governmental organizations, or on a bilateral basis. 
5. 
The State, if in a position to do so, shall provide assistance for mine 
clearance and related activities. inter alia, through the 
United Nations System, international, regional or national organizations or 
institutions, non-governmental organizations or institutions, or on a 
bilateral basis, or by :contributing to the United Nations Voluntary Trust 
22 


Fund for Assistance in Mine Clearance, or other regional funds that deal 
with demining. Such assistance may be provided, 
6. 
The State, if in a position to do so, shall provide assistance for the 
destruction of stockpiled anti-personnel mines. 
7. 
The State undertakes to provide information to the database on mine 
clearance established within the United Nations system, especially 
information concerning various means and technologies of mine 
clearance, and lists of experts, expert agencies or national points of 
contact on mine clearance. 
8. 
The State may request the United Nations, regional organizations, other 
States Parties or other competent intergovernmental or non-governmental 
fora to assist their authorities in the elaboration of a national demining 
program to determine, inferalia: 
a. 
The extent and scope of the anti-personnel mine problem; 
b. 
The financial, technological and human resources that are required 
for the implementation of the program; 
c. 
The estimated number of years necessary to destroy all anti" 
personnel mines in mined areas under the jurisdiction or control of 
the State; 
d. 
Mine awareness activities to reduce the incidence of mine-related 
injuries or deaths; 
e. 
Assistance to mine victims; 
f. 
The relationship between the government and the relevant 
governmental, inter-governmental or non-governmental entities that 
will work in the'implementation of this program. 
9. 
The State, when giving and receiving assistance under provisions of this 
section, shall cooperate with a view to ensuring the 111 and prompt 
implementation of agreed assistance programs. 
23 


10. 
The State undertakes to consult and cooperate with other State Parties 
bilaterally, through the Secretary-General of the United Nations or through 
other appropriate international procedures, to resolve any problems that 
may arise with regard to the interpretation and application of the 
provisions of the Ottawa Treaty and Amended Protocol I!. 
SEC. 19. Transparency Measures. -
1. 
The State shall report to the Secretary-General of the United Nations as 
soon practicable, and in any event not later than 180 days after the entry 
into force of the Ottawa Treaty for the Philippines on 1 August 2000 on: 
a. 
The national implementation measures referred to in Article 9 of the 
Ottawa Treaty;· 
b. 
The total of· all stockpiled anti-personnel mines owned or 
possessed by it, or under its jurisdiction or control, to include a 
breakdown of 'the type, quantity and, if possible, lot numbers of 
each type of anti-personnel mine stockpiled; 
c. 
To the extent possible, the location of all mined areas that contain 
or are suspected to contain anti-personnel mines under its 
jurisdiction or control, to include as much detail as possible 
regarding the type and quantity of each type of anti-personnel mine 
in each mined area and when they were 
emplaced; 
d. 
The types, quantities, and if possible, lot numbers of all anti-
personnel mines retained or transferred for the development of and 
training in mine detection, mine clearance or mine destuction 
techniques, or transferred for the purpose of destruction, as well as 
the institutions authorized by a 
State Party to retain or transfer anti-personnel mines. 
e. 
The status of programs for the conversion or de-commissioning of 
anti-personnel mine production facilities; 
24 


• 
• 
f. 
The status of programs for the destruction of anti-personnel mines 
in accordance with Sections 11 and 12, including details of the 
methods which will be used in destruction, the location of all 
destruction sites and the applicable safety and environmental 
standards to be observed; 
g. 
The types and quantities of all anti-personnel mines destroyed after 
the entry into force of the Ottawa Treaty for the State, to include a 
breakdown of the quantity of each type of anti-personnel mine 
destroyed, in accordance with Sections 11 and 12, along with, if 
possible, the lot numbers of each type of anti-personnel mine in the 
case of destruction in accordance with Section 11; 
h. 
The technical characteristics of each type of anti-personnel mine 
produced, to the extend known, and those currently owned or 
possessed by the State, giving, where reasonably pOSSible, such 
categories of information as may facilitate identification and 
clearance of anti-personnel mines; at a minimum, this information 
shall include the dimensions, fusing, explosive content, metallic 
content, color photographs and other information which may 
facilitate mine clearance; and 
i. 
The measures 'taken to provide an immediate and effective warning 
to the population in relation to all areas identified under paragraph 2· 
of Section 12 .. 
2. 
The information provided in accordance with this section shall be updated 
by the State annually, ·covering the last calendar year, and reported to the 
Secretary- General of the United Nations, not later that April 30 of each 
year. 
3. 
The State shall provide annual reports to the Secretary-General of the 
United Nations on any of the following matters: 
25 


• 
a. 
dissemination of information on Amended Protocol 11 and this law 
to the armed forces and to the civilian population; 
b. 
mine clearance and rehabilitation program; 
c. 
steps taken to meet technical requirements under this law and any 
other information pertaining thereto; 
d. 
legislation related to Amended Protocol II; 
e. 
measures taken on international technical information exchange, on 
international cQoperation on mine clearance, and on technological 
cooperation and assistance; and 
f. 
other relevant matters. 
4. 
In addition to the State's annual report to the Secretary-General of the 
United Nations, the State welcomes and encourages the independent 
monitoring and verification of state and non-state compliance with the 
Ottawa Treaty and Amended Protocol 11, as may be applicable, by 
impartial humanitarian organizations and relevant non-governmental 
organizations. 
5. 
The officials primarily responsible for the annual reports to the Secretary-
General of the United Nations shall have information-gathering powers, 
including to require the disclosure of information on anti-personnel mines, 
subject to constitutional rights. He or she may also report voluntarily on 
other relevant matters not covered by the formal reporting requirements 
under Article 7 of the Ottawa Treaty or Article 13 of Amended Protocol 11. 
6. 
The State shall ensure full cooperation, access and security to a 
peacekeeping, humanitarian, fact-finding or similar missions carrying out 
activities on its territory or territory under its control, pursuant to Section 15 
above (corresponding to Article 12 of Amended Protocol II) or to Article 8 
of the Ottawa Treaty .. 
7. 
It is prohibited to obstruct or deceive any member of such missions 
exercising his or her functions or powers. 
26 


• 
SEC. 20. International Meetings. -
1. 
The Philippines shall participate actively in the following relevant 
international meetings, among others: 
a. 
Meetings 
of the 
State 
Parties, 
Review 
Conferences 
and 
Amendment Conferences under the Ottawa Treaty; and 
b. 
Annual and Review Conferences of the High Contracting Parties 
under Amended Protocol II. 
2. 
The Philippines shall endeavor to include one representative from a 
relevant 
Philippine 
non-governmental 
organization 
or 
impartial 
humanitarian organization in its delegations to major international 
meetings under the Ottawa Treaty and Amended Protocol II. 
SEC. 21. Philippine Coordinating Committee on landmines (PCCl).-
1. 
A Philippine Coordinating Committee on Landmines shall be created with 
the following functions and powers: 
a. 
Coordinate, plan and monitor Philippine compliance with and 
implementation 'of the Ottawa Treaty and Amended Protocol 11; 
b. 
Prepare and submit annual reports under the two treaties; 
c. 
Prepare position papers, briefing material, amendment proposals 
and possible d,elegates for major international meetings under the 
two treaties; 
d. 
Develop and in:plement plans and programs for the destruction of 
anti- personnel mines, mine clearance, mine awareness and victim 
assistance; 
e. 
Issue implementing rules for this law only as may be necessary; 
f. 
Conduct information dissemination on this law and the two treaties, 
especially to the armed forces and rebel groups; 
g. 
Initiate investigation of reported violations of this law and, where 
warranted, refer the matter for prosecution; 
27 


h. 
Coordinate international technical cooperation and assistance, 
including providing information to the database on mine clearance 
established within the United Nations system; 
i. 
Recommend to the legislative and executive departments, including 
the armed forces, effective measures for compliance with and 
implementation of the two treaties; 
j. 
Empower duly~authorized deputies to enter and search promises to 
collect and tra~sfer anti-personnel mines for destruction, subject to 
constitutional guarantees; 
k. 
Request the assistance of appropriate, departments, bureaus, 
offices or agencies in the performance of its functions; and 
1. 
Exercise such other powers and functions necessary for the 
effective implementation of its mandate as may be provided by law 
or delegated by the President. 
2. 
The Philippine Coordinating Committee on Landmines shall be composed 
of senior representatives of the following agencies and organizations who 
shall elect a Chairperson and such other officers as may be necessary 
from among themselves: 
a. 
Department of Foreign Affairs, particularly its Office of the United 
Nations and International Organizations; 
b. 
Department of National Defense; 
c. 
Armed Forces of the Philippines, including its Office of the Chief, 
Ordinance and Chemical Services; 
d. 
Department of the Interior and Local Government; 
e. 
Philippine Natil?nal Police; 
f. 
Department of Justice; 
g. 
Office of the Presidential Adviser on the Peace Process; 
h. 
Department of Health; 
28 


i. 
Philippine National Red Cross, particularly its National IHL 
Committee; 
j. 
Philippine Campaign to Ban Landmines; 
k. 
Philippine Chapter of the International Association of Bomb 
Technicians and Investigators; and 
I. 
Such other relevant agencies or organizations as may be 
designated by the President through an executive order activating 
this Committee. 
3. 
For the initial operating expense of the Philippine Coordinating Committee 
on Landmines, the amount of THREE MILLION PESOS (P3,OOO,OOO.OO) 
is hereby appropriated. Thereafter, it shall submit to the Department of 
Budget and Management its proposed budget for inclusion in the General 
Appropriations Act. 
SEC. 22. Designation and !raining of Special Courts and Prosecutors. -
1. 
The appropriate instrumentalities of the State, namely the Supreme Court 
and the Department of Justice shall respectively designate special courts, 
prosecutors and investigators to investigate, prosecute and try, as the 
case may be, violations of this law. The courts referred to here shall be at 
the Regional Trial Court level and special divisions of the Court of 
Appeals. 
2. 
The State shall ensure that judges, prosecutors and investigators, 
especially those designated for purposes of this law, receive effective 
training in international criminal law, international humanitarian law and 
human rights. 
SEC. 23. International Law References. -
1. 
In the application and interpretation of this Law, the Court shall be guided 
by: 
a. 
The Ottawa Treaty; 
b 
Amended Protocol 11; 
29 


c. 
Applicable rules and rulings of international humanitarian law and 
international criminal law; 
d. 
Relevant tea~hings of the most highly qualified publicists and 
authoritative commentaries on the foregoing sources. 
2. 
In case of conflict in the implementation and application of the Ottawa 
Treaty and Amended Protocol 11, the former shall prevail particularly as 
far as anti-personnel mines are concerned. 
3. 
The application and interpretation of this Jaw must be consistent with 
internationally recognized human rights. 
SEC. 24. Repealing Clause. -All laws, presidential decrees and issuances, 
executive orders, rules and regulations or parts thereof inconsistent with the provisions 
of this Act are hereby repealed or modified accordingly. 
SEC. 25. Separability Olause. - If, for any reason, any part or provision of this 
Act shall be held to be unconstitutional or invalid, other parts or provisions hereof which 
are not affected thereby shall continue to be in full force and effect. 
SEC. 26. Effectivity. - This Act shall take effect fifteen (15) days after its 
publication in two national newspapers of general circulation. This publication shall not. 
be later that seven (7) days after the approval hereof. 
Approved, 
30