REPUBLIC ACT NO.

9851
AN ACT DEFINING AND PENALIZING CRIMES AGAINST
INTERNATIONAL HUMANITARIAN LAW, GENOCIDE AND OTHER
CRIMES AGAINST HUMANITY, ORGANIZING JURISDICTION,
DESIGNATING SPECIAL COURTS, AND FOR RELATED PURPOSES
PASSAGE AS A LAW
-Approved 11 December 2009
-Signed by then President Gloria Macapagal Arroyo
-Sponsored by the Lower House (House of Representatives)
-Signed by (witnesses):
Secretary General Marilyn B. Barua-Yap (House of
Representatives)
Secretary Emma Lirio-Reyes (Senate)
Speaker Prospero Nograles (House of Representatives)
Senate President Juan Ponce Enrile (Senate)
RATIONALE
The rationale of RA 9851 was to make the International Humanitarian
Law (IHL) a comprehensive part of the Philippine laws.
Although
IHL was adopted already in the 1987 Philippine Constitution, the
principles of the former in the latter were not sufficient as far as the
framework of international human security is concerned. 1
SCOPE
War crimes
The scope of the statute covers both International Armed Conflict and
Non-International Armed conflict. However, whether or not the conflict
is International, the focus of the act is to protect the civilians, prisoners
of war, religious missionaries, and medical personnel and uphold the
International Humanitarian Law. In the case of Non-International Armed
Conflict, both the state actors (AFP and PNP) and non-state actors
(CCP-NPA, etc.) may be liable for war crimes.
Genocide
Genocide is defined as an act or acts intended to destroy, in whole or
part, a national, ethnic, racial, religious, social, or any other similar
stable and permanent group.2 Destruction is not only by means of
physical but also by means of emotional or psychological. Genocide, as
distinguished from war crimes, is not limited to State Actors, Non-state,
or any organized group as perpetrators. Anyone with the means can be
liable.
Other Crimes against Humanity
Any action that destroys, alters, harasses the civilian population
physically, mentally, or psychologically as part of a widespread attack;
destruction of civilian property; recruitment of children; and

displacement of persons.3 All of the said can be perpetrated by

ANYONE with the means to do so.
References:
1
Gaud, Ma. Charisse (2014) How Does the Humanitarian Law Apply in
Internal Conflict? An Enduring Question of Compliance and
Complexity. National Defense College of the Philippines Policy
Brief. Issue no. 2
2

Acuna, Ph.D., T (2014). Definitions of Genocide. Definitions of

Genocide and Crimes against Humanity in The Philippines RA No.
9851. Definition of Genocide. Retrieved from
http://www.synaptiqplus.com/journal-cover-fall-2013/definitions-ofgenocide-and-crimes-against-humanity-in-the-philippines-ra-no9851
3
Acuna, Ph.D., T (2014). Definition of Crimes against Humanity.
Definitions of Genocide and Crimes against Humanity in The
Philippines RA No. 9851. Retrieved from
http://www.synaptiqplus.com/journal-cover-fall-2013/definitions-ofgenocide-and-crimes-against-humanity-in-the-philippines-ra-no9851

CONGRESSIONAL STATUTES

I.

Sections 26 & 28 of Article VI of the 1987 Philippine

Constitution
A. Section 26
Subject. Every bill passed by the Congress shall embrace
only one subject.
Legislative Process. Bills, in order to become a law, shall
pass three readings on separate days. The printed copies
shall be distributed to the Members (House) three days
before the passage of the law. At the last reading, no
amendments shall be allowed, and the vote thereon shall
be taken immediately thereafter. Yeas and Nays shall
determine if the law bill will pass or not.

Exception. Emergency laws enacted by the president to

meet public calamity or emergency.
B. Section 27
Signature by the president. Necessary for a bill passed by
the Congress in order to become a law.
Veto: The president may veto a bill and return it to the
House where it originated. The president shall have the
power to veto any particular appropriation, revenue, or
tariff bill, but the veto shall not affect the item or items to
which he does not object.
Reconsideration of a Bill: In case of a veto by the president,
Yeas of the two-thirds of both Houses (Upper and Lower)
are needed to pass the reconsidered bill. The bill, now, will
surely become a law if it complies the Yeas of the twothirds of all Houses. The president has the option to
communicate his veto within thirty days after the date of
receipt; otherwise, the bill shall become a law as if he
signed it.

Legislative Process- How to Pass a Bill

1. To initiate the law-making process, the proposed bill
is signed by its sponsor (author) and filed with the
Secretary of the either the Lower House or the
Senate.
2. The bill will go through three readings. On the First
Reading, the number and title of the bill is read,
followed by its referral to the appropriate committee
for study.
3. On the Second Reading, the bill is read in full along
with amendments proposed by the committee who
studied it. The members of the House where it was
filed then subject the bill to debates and discussion.
After extensive discussion, the bill will be voted on. If
approved, it would go through a third reading.
4. On Third Reading, the bill will be submitted for a final
vote. If approved again, it shall be transmitted to the
other House for concurrence. The other House will go
through the same process of having three readings.
5. If the other House introduces amendments and the
House from which the bill originated does not
approve of the amendments, the differences will be
settled by a meeting of the Conference Committees
of both Houses, whose recommendations will have to
be approved by both Houses.
6. Once the bill is approved, it is transmitted to the
President of the Philippines for signature. The
President may then either sign the bill to indicate
approval, or veto the bill to indicate disapproval. If
approved, the bill officially becomes a law.
7. If the President decides to exercise his veto powers,
the Congress may re-pass the vetoed bill if two-thirds
of both Houses, voting separately, approve its
enactment. In this case, the bill also officially
becomes a law.
Source:
Legislative Process - Senate of the Philippines. (n.d.). Retrieved from
http://www.senate.gov.ph/about/legpro.asp