ICC Withdrawal Impact on EJK Victims

1
Chapter 1
PROBLEM RATIONALE
1.1 Introduction
Since the withdrawal of the Philippines from the International Criminal

SAN SEBASTIAN
Court on March 17, 2019, theCOLLEGE RECOLETOS-MANILA
Human Rights Watch has reported that the bloody
campaign against drugs of the current Philippine administration has reached an
estimate of 12,000 extrajudicial killings’ victims.1 With this information, the
question is now posed, "how will the State adopt necessary legislative and other
measures to promote human rights, investigate unlawful acts, provide adequate
legal remedies against violations, and bring perpetrators of gross human rights
violations to justice"?
While the effect of withdrawal from the International Criminal Court may
indicate positive or negative impact in the Philippines’ criminal justice, it is
necessary to study its role in resolving crime against humanity such as massive
extrajudicial killings. Thus, it is important to provide an examination on the
possible consequences of the Philippines’ withdrawal from the ICC.
1
Human Rights Watch. (2017). License to Kill. Human Rights Watch. Available at:
https://www.hrw.org/sites/default/files/report_pdf/philippines0317_insert.pdf
2
1.2 Statement of the Problem
The Philippine Constitution declares that the State values the dignity of
every human person and guarantees full respect for human rights. 2 Also, the State
is obliged to promote human rights and secure such not only for victims, but for
the society as a whole. By principle of erga omnes, the State has the obligation
towards the international community to respect human rights. In order to give
adequate protection of human rights, the State has an obligation to investigate the
facts surrounding every killing and punish those who are responsible for doing
SAN SEBASTIAN COLLEGE RECOLETOS-MANILA
unlawful acts against another person. The very purpose of the said obligation is
for every State party to ensure, within its legal system, the rights and freedoms
recognized in a convention or a treaty.3
Without prejudice to the political issue on prosecuting war crimes or the
so called, “drug war,” this paper provides an analysis and data as to whether
prosecution of Extrajudicial killing cases can be competently done through
Philippine courts, sans the ICC. The study will determine the effectiveness of
existing laws addressing extrajudicial killing cases. Specifically, this research
seeks to answer the following questions:
2
Section 11, Article II, 1987 Philippine Constitution.
3
Garrido Y. Baigorria v. Argentina, 27 August 1998, Series C No 39, Para 72.
3
How do the domestic laws and international laws regard extrajudicial
killing?
Do the laws in the Philippines adequately afford extrajudicial killings'
victims the rights and safeguards that they ought to be guaranteed of?
Do these laws comply with the standard human rights set by other
international bodies such as the Universal Declaration on Human Rights,
SANCovenant
International SEBASTIAN COLLEGE
on Civil RECOLETOS-MANILA
and Political Rights and other international
agreements?
In case of inadequacy in legislative and other measures available for
extrajudicial killings’ victims, how will they be able to receive adequate legal
remedies?
To answer this methodologically, the researcher will use a research-
evaluative method. As to the sources, the researcher will use relevant laws,
executive orders, treaty and other existing legal authorities relating to
extrajudicial killings in the Philippines and the power of the ICC to prosecute
such crime. Also, jurisprudence decided by the Supreme Court which deals with
extrajudicial killing are provided for thorough discussion. All pending bills and
4
corresponding regulations, which are yet to become effective may be mentioned
but will ultimately be excluded for analysis.
1.3 Objectives
The study aims to provide a critical evaluation on how the extra-judicial
cases are prosecuted in the Philippines. The paper desires to critically determine
whether there is really a need for the extrajudicial killings’ victims to seek help
SAN SEBASTIAN
from the international body COLLEGE RECOLETOS-MANILA
like the International Criminal Court. Hence, the
problem of resolving human rights violations with and without the International
Criminal Court will be comprehensively analyzed and discussed.
This paper, without prejudice to the State's political decision on its
withdrawal to the ICC, provides plausible suggestions whether there is a need for
international mechanisms to provide accountability and legal remedies for
extrajudicial killings’ victims.
1.4 Significance of the Study

5
This study is for lawyers, government officials, law students,
Ambassadors, Commission on Human Rights and Extrajudicial killings’ victims
and their families.
For lawyers, in case they have clients who need to receive justice because
of extra judicial killings, they will be provided adequate information on valuing
the benefits of actively bringing justice for extrajudicial killings’ victims and
promoting human rights law.
To Government officials, to have a comprehensive knowledge on what is
the effect of the State’s withdrawal from the International Criminal Court, its
plausible effect in the future massive crimes and who will answer for the crimes
committed during ICC membership.
To the Commission on Human Rights, to have a thorough study on how
they can formulate programs to help extrajudicial killings’ victims.
To Extra-judicial killings’ victims, for their families and those fighting
for justice on their behalf, to be educated on how to fight for their claims,
available remedies and reparation. By discussing human rights in the context of
the Universal Declaration of Human Rights, and other treaties to which the
Philippines is a party, they can confidently bring the perpetrators to justice.

6
To legislators, to assess on how will the Constitution achieve a check and
balance when it comes to signing a treaty, and withdrawal to such. To keenly
observe how the unilateral power of a President is withdrawing from a treaty and
how it affects the criminal justice system of the Philippines.
To law students, to improve their awareness on the importance of studying
international law, legal concepts and practical application to their daily lives.
1.5 Scope and Limitation
To limit and define the scope of this study, the following considerations
and limitations are discussed as to focus and coverage.
Scope is limited to the study of the prosecution of extrajudicial cases
amidst the prevalent numbers of extrajudicial killings because of the current
Philippine Administration's “War on Drugs”. Furthermore, the research is focused
on discussing the rights of the Extra-judicial Killings’ victims according to
International Standards prescribed by Universal Declaration of Human Rights, the
United Nations Covenant on Civil and Political Rights, the UNCRC and other
similar human rights treaties to which the Philippines is a state party.
Lastly, the jurisdiction of the ICC is discussed for purposes of evaluating
its effectiveness in prosecuting international crime such as massive extrajudicial

7
killing. As to depth, practical application, and extent, this study will solely cover
the rights of the extrajudicial killings’ victims using the analysis acquired from
both international and domestic legal instrumentalities to gauge the adequacy of
Philippine laws in prosecuting war crime.
1.1 Definition of Terms
For purposes of this study, the following terms, words or phrases shall be
defined as SAN SEBASTIAN COLLEGE RECOLETOS-MANILA

follows:
"Extrajudicial killings4 is committed by "state and non-state forces" to
silence, "through violence and intimidation, legitimate dissent and opposition
raised by members of the civil society, cause-oriented groups, political
movements, people’s and non-governmental organizations, and by ordinary
citizens;"
Human rights5 –are rights inherent to all human beings, regardless of
race, sex, nationality, ethnicity, language, religion, or any other status. Human
4
Administrative Order No.35 s.2012, Creating the Inter-Agency Committee on Extra-legal
killings, Enforced Disappearances, Torture, and other Grave Violations of the Right to
Life, Liberty, Security of Persons. November 12, 2012.
5
United Nation. (1948). Universal Declaration on Human Rights.
Available at: https://www.un.org/en/universal-declaration-human-rights/
8
rights include the right to life and liberty, freedom from slavery and torture,
freedom of opinion and expression;
International Criminal Court 6– The International Criminal Court (ICC)
investigates and, where warranted, tries individuals charged with the gravest
crimes of concern to the international community: genocide, war crimes, crimes
against humanity and the crime of aggression;
SAN SEBASTIAN
“Domestic COLLEGE
Laws” refers RECOLETOS-MANILA
to laws enforced in the Philippines;
“International Standards” refers to the body of international legal
instruments which enumerate and substantiate the rights afforded to extrajudicial
killings’ victims;
Obligations Erga Omnes refers to ‘in relation to everyone’ specifically
determined obligations that states have towards the international community as a
whole; and
“Adequacy” refers to the provision or approximation of the rights
guaranteed by the bodies of international standards by the existing domestic laws.
6
Rome Statute of the International Criminal Court (last amended 2010), 17 July 1998,
ISBN No. 92-9227-227-6.
9
Chapter 2
RESEARCH LITERATURE
This chapter consists of both existing and unexplored information
regarding extrajudicial killing. Extrajudicial killing will be described using legal
instruments such as laws, treaties, and jurisprudence. Also, there will be a section
on how theSAN SEBASTIAN

prosecution COLLEGE
is made RECOLETOS-MANILA
in both domestic and international spheres.
2.1 The Research Literature
2.1.1 Extrajudicial killing Defined
The Philippine Constitution values the human dignity of every person,7
and recognizes procedural and substantive due process as fundamental rights of
every citizen8. It protects the right of the accused to a fair trial, including the
opportunity to be heard.9 The protection of the right to life and liberty of all
persons is also given primacy.10
In Secretary of Defense v. Manalo, the Supreme Court opined that
extralegal killings are “killings committed without due process of law, i.e.,
7
Art. X, Sec. 2. 1987 Philippine Constitution.
8
Id., Art. III, Sec. 2.
9
Id., Art. XIV, Sec. 2.
10
Id., Art. III, Sec. 1.
10
without legal safeguards or judicial proceedings.11” Another case, Razon Jr. v.
Tagitis recognized extrajudicial killing and enforced disappearances, by their
nature and purpose, constitute State or private party violation of the constitutional
rights of individuals to life, liberty and security.12 In a 2008 ruling, the Supreme
Court defined extrajudicial killings as “killings committed without due process of
law, i.e., without legal safeguards or judicial proceedings.” A 2009 SC ruling
likewise echoed that “extrajudicial killings and enforced disappearances, by their
nature and purpose, constitute State or private party violation of the constitutional
SAN SEBASTIAN
rights of individuals COLLEGE
to life, liberty RECOLETOS-MANILA
and security.” 13
2.1.2 Under Domestic Law
First, the Rule on the Writ of Amparo 14 was released "in light of the
prevalence of extralegal killings and enforced disappearances." It was an exercise
for the first time of the Court’s expanded power to promulgate rules to protect the
people’ s constitutional rights. Said power made its maiden appearance in the
1987 Constitution in response to the Filipino experience of the martial law
regime. As the Amparo Rule was intended to address the intractable problem of
11
G.R. No. 180906, Oct. 7, 2008.
12
G.R. No. 182498, Dec. 3, 2009.
13
Roque. Police can’t define EJKs. Philstar. 1 November 2017. Available at:
https://www.philstar.com/headlines/2017/11/01/1754593/roque-police-cant-
define-ejks
14
The Rule on the Writ of Amparo of 2007, A.M. No. 07-09-12-SC. 25 September 2007.
11
"extralegal killings" and "enforced disappearances," its coverage, in its present
form, is confined to these two instances or to threats thereof. "Extralegal killings"
are ‘killings committed without due process of law, i.e., without legal safeguards
or judicial proceedings."
Second, Administrative Order No. 35, wherein the Inter-Agency
Committee (IAC) on Extra-Legal Killings, Enforced Disappearances, Torture and
Other Grave Violations of the Right to Life, Liberty and Security of Persons is
chaired by the Department of Justice (DOJ), was formed. The rationale of this
SAN SEBASTIAN
law is to assure full support ofCOLLEGE RECOLETOS-MANILA
the Philippine National Police, National Bureau of
Investigation and the National Prosecution Service to see the spirit of A.O. No. 35
which is to secure the arrests and eventual convictions of perpetrators of human
rights violations and to address, through these institutional mechanisms, the
perceived continuing culture of impunity."15 It adopted the Operational
Guidelines16 intended to train the composite teams of investigators and
prosecutors all over the country, not only to secure the paradigm shift in our ranks
that will encourage our prosecutors to take a more proactive approach at the
investigation level, but indubitably to ensure a higher conviction rate on cases
involving grave human rights violations.17 For purposes of operationalization and
implementation of A.O. No. 35, the extrajudicial refers to killings wherein: (a.)
15
Id.
16
Department of Justice. Operational Guidelines of A.O. No. 35 Inter-Agency Task Inter-
Agency Committee (IAC) on Extra-Legal Killings, Enforced Disappearances. 19
April 2013. https://www.doj.gov.ph/news_article.html?newsid=178
17
Ibid
12
The victim was: i.) a member of, or affiliated with an organization, to include
political, environmental, agrarian, labor, or similar causes; or ii.) an advocate of
above-named causes; or iii.) a media practitioner or iv. person(s) apparently
mistaken or identified to be so. (b.) The victim was targeted and killed because of
the actual or perceived membership, advocacy, or profession; (c). The person/s
responsible for the killing is a state agent or non-state agent; (d.) The method and
circumstances of attack reveal a deliberate intent to kill.
Third, Republic Act Number 9851, an act which defined crimes against
SAN
international SEBASTIAN
humanitarian COLLEGE
law, genocideRECOLETOS-MANILA
and other crimes against humanity, and
organized jurisdiction will be discussed. The new "Philippine Act on Crimes
Against International Humanitarian Law, Genocide and Other Crimes Against
Humanity" is a breakthrough law for the enforcement of International
Humanitarian Law (IHL) as well as human rights in the Philippines. It is the first
national statute which defines and penalizes "the most serious crimes of concern
to the international community as a whole" -- namely, war crimes, genocide, and
other crimes against humanity.18
Lastly, the new Special Protection of Children in Situations of Armed
Conflict Law, which passed upon the definition of extrajudicial killing as: "All
acts and omissions of State actors that constitute violation of the general
recognition of the right to life embodied in the Universal Declaration of Human
Rights, the United Nations Covenant on Civil and Political Rights, the UNCRC,
18
Philippine Act on Crimes Against International Humanitarian Law, Genocide and Other
Crimes Against Humanity of 2009. Republic Act Number 9851 (2009).
13
and similar other human rights treaties to which the Philippines is a state party"
will be addressed.19 Although the extrajudicial killing was defined, it must be
noted that it is in the context of law on children in armed conflict. Thus, there can
be no certainty if it can be applied to the war crime, “drug war killings” until
tested in a court.20
2.1.3 Extrajudicial killings under International Law
The 1987 Philippine Constitution adopts generally accepted principles of

international law as part of the law of the land. International law protects human
rights of people. The Philippines is a State Party to the International Covenant on
Civil and Political Rights and is duty-bound to address the spate of summary
killings. At present, it is observed that the prohibition against summary killings is
slowly achieving the status of jus cogens in international law.21
2.1.3.1 Substantive Right
19
Section 5, Republic Act No 11188. Special Protection of Children in Situations of
Armed Conflict of 2019.
20
Buan, Senate Bets Push for Body Cams, Anti-EJK Law to Stop Killings, Rappler News.
February 24, 2019. Available at: https://rappler.com/nation/elections/senate-
bets-police-body-cameras-anti-ejk-law-stop-killings
21
U.N. 6th Congress of the United Nations on the Prevention of Crime and the Treatment
of Offenders, (1980), Resolution No. 5 concerning Extrajudicial executions, ¶¶2,
5, A/CONF.87/14/Rev.1 (1981); Case of Barrios Altos v. Peru, Series C No. 75,
IACHR Judgment (Mar. 14, 2001); Case of the Rochela Massacre v. Colombia,
Series C No. 163 (May 11, 2007); Case of Almonacid Arellano et al. v. Chile,
Series C No. 154 (Sept. 26, 2006); Case of The Massacres of El Mozote and
nearby places v. El Salvador, Series C No. 252 (Oct. 25, 2012); International
Crimes, 20 October 2000, OAS/Ser./L/V/II.111, doc. 20 revs. 16).
14
The prohibition against extrajudicial killing encompasses a variety of
situations involving the arbitrary deprivation of life. While its application will
vary based upon particular circumstances, there is a common core to the
prohibition. An extrajudicial killing occurs when: 1.) a public official or other
person acting at the instigation of or with the consent or acquiescence of a public
official or other person acting in an official capacity; 2.) whose acts were
intentional or negligent; 3.) and resulted in one or more deaths; 4.) and who knew
or should have known that death may result from their acts; 5.) and who failed to
SAN
comply with SEBASTIAN
any COLLEGE
relevant standards RECOLETOS-MANILA
regarding the use of force, including the
principles of necessity, distinction, proportionality, and precaution; 6.) and whose
acts were not authorized by legal process or complied with the rule of law.22
These elements constitute the substantive component of the prohibition
against extrajudicial killing. Each element must be established for a claim of
extrajudicial killing.23 Extrajudicial killing requires some form of state action. 24
This requirement is consistent with most international norms. However, it is well
established that the state action requirement can be implicated when non-state
actors operate with the consent or acquiescence of public officials or other
persons acting in an official capacity.25

22
Aceves, W.J., (2018) When Death Becomes Murder: A Primer on Extrajudicial Killing,
California Western School of Law.
23
Id., p. 126
24
United Nations. Fact Sheet No. 11. Extrajudicial, Summary or Arbitrary Execution.
Available at:
https://www.ohchr.org/Documents/Publications/FactSheet11rev.1en.pdf
25
Noortmann, M., et al. eds., (2015). Non-State Actors in International Law 164
(explaining that a sufficiently strong link to a nonstate actor can justify the
attribution of non-state conduct to the state); Non-State Actors and International
15
2.1.3.2 Procedural Right
The prohibition against extrajudicial killing includes a procedural
component. The procedural component creates an obligation on states to
“investigate potentially unlawful deaths, assign responsibility and remedy
violations.”26 When a state knows or should know that an unlawful killing has
occurred, it is required to conduct a prompt, effective, impartial, and transparent
investigation.27 This obligation “gives practical effect to the duties to respect and
protect the right to life, and promotes accountability and remedy where the
substantive right may have been violated.” 28 Whenever appropriate, the
procedural component also requires prosecution of perpetrators who commit an
extrajudicial killing. “Where an investigation reveals evidence that a death was
caused unlawfully, the State must ensure that identified perpetrators are
prosecuted and, where appropriate, punished through a judicial process.” 29
Law 454 (Andrea Bianchi ed., 2009) (noting that the state actor requirement can
be fulfilled when the state acquiesces to human rights violations by private
actors).
26
United Nations. (2016). Report of the Special Rapporteur on Extrajudicial, Summary
or Arbitrary Executions, ¶ 20, U.N. Doc. A/71/372.
27
Minnesota Protocol, supra note 103, at 7–8. See generally MELZER, supra note 140,
at 431.:
“All major human rights bodies have held that the obligations flowing
from the right to life necessarily entail a duty of the State to investigate
deprivations of life on the part of its agents, and that non-compliance with this
duty may in and of itself amount to a violation of the right to life.”(citation omitted);
see also Burgorgue-Larsen & Amaya Ubeda De Torres, supra note 158, at 345–
47
28
Minnesota Protocol, supra note 103, at 4.
29
Id.
16
Finally, the procedural component requires states to provide the families of
victims with a full and effective remedy, including reparations.30
2.1.4 Jurisprudence
2.1.4.1 Domestic
In Lozada, Jr. v. Macapagal-Arroyo,31 the Court explicitly declared that as
it stands, the writ of amparo is confined only to cases of extrajudicial killings and
enforced disappearances, or to threats thereof as statutorily defined in Section 3(g)
of Republic Act (R.A.) No. 9851, to wit:

(a) that there be an arrest, detention,
abduction or any form of deprivation of
liberty;
(b) that it be carried out by, or with the

authorization, support or acquiescence of,
the State or a political organization;
(c) that it be followed by the State or

political organization’s refusal to
acknowledge or give information on the
fate or whereabouts of the person subject of
the amparo petition; and
(d) that the intention for such refusal is to

remove the subject person from the
protection of the law for a prolonged period
of time.32
30
Id. p.104
31
G.R. 184379-80, April 24, 2012.
32
Philippine Act on Crimes Against International Humanitarian Law, Genocide and Other
Crimes Against Humanity of 2009. Republic Act Number 9851 (2009).
17
As clarified in Navia v. Pardico,33 with the enactment of R.A. No. 9851,
the Amparo Rule is now a procedural law anchored, not only on the constitutional
rights to life, liberty and security, but on a concrete statutory definition as well of
what is ‘enforced or involuntary disappearance.’
2.1.4.2 International
In Florentina Olmedo v. Paraguay, the U.N. Human Rights Committee
SANaSEBASTIAN
acknowledged violation of COLLEGE RECOLETOS-MANILA
the procedural component when Paraguay failed to
conduct a meaningful investigation following the lethal use of force by state
actors. In this case, the National Police attacked a group of demonstrators who
blocked a road to protest government policies.34 The police used overwhelming
force, including tear gas, water cannons, and firearms, to disperse the crowd. The
decedent was shot and killed at point blank range by the police. While the
government opened an inquiry into the death, it made little progress and reached
no conclusions. The U.N. Human Rights Committee indicated that the
government had an obligation to protect the lives of the demonstrators.35 But, the
Committee also indicated that the government has an obligation to conduct a
meaningful investigation. “The Committee refers to its jurisprudence, according
to which both a criminal investigation and consequential prosecution are

33
G.R. 184467. June 19, 2012.
34
Florentina Olmedo v. Paraguay, Commc’n No. 1828/2008, ¶ 2.6 (Human Rights. \
Comm. 2012). Available at: http://hrlibrary.umn.edu/undocs/1828-2008.html
35
Id. ¶ 7.5.
18
necessary remedies for violations of human rights such as those protected by
Article 6.” For these reasons, the Committee concluded that a violation “may
therefore arise as a result of a State party’s failure to take appropriate measures to
investigate and punish or redress such a violation.” 36
The European Court of Human Rights in Mocanu v. Romania,37 made a
similar determination. In this case, Romanian security forces were ordered to
disperse demonstrators who are engaged at an anti-government protest by firing at
them.38 Several shots ricocheted and struck the victim while walking near the
SANarea.
demonstration SEBASTIAN COLLEGE
Despite the victim’sRECOLETOS-MANILA
death, the government failed to conduct
a meaningful investigation. The European Court indicated that the prohibition
against the arbitrary deprivation of life “would be ineffective in practice if there
existed no procedure either for reviewing the lawfulness of the use of lethal force
by State authorities, or for investigating arbitrary killings.” 39 Accordingly, some
form of effective official investigation is required. This obligation exists even in
cases of armed conflict or generalized violence where circumstances may make it
difficult to engage in a thorough investigation. To be effective, the investigation
must be independent. It must be thorough. And, it must be able to lead to the
punishment of the perpetrators. In Mocanu, the investigation was neither
36
Id. See also Joseph & Castan, supra note 158, at 176–79
(summarizing various cases before the HRC in which the Committee affirmed
that states have positive obligations to investigate and provide redress for
violations of human rights).
37
Mocanu and Others v. Romania, ECHR/10856/09.September 14, 2014
38
California Western School of Law. pp.153-154
39
Id., p. 155
19
independent nor thorough. Accordingly, the Court held that Romania had violated
the procedural component of the right to life norm.40
2.1.1 Proposed Bill
An examination of proposed bills in the Congress and Senate is also
determinative of the adequacy of domestic laws since it enumerates what is or are
not yet afforded to extrajudicial killings.
First, House Bill No. (HB) 9199,41 the Human Rights Defenders Protection
bill, aims to prevent human rights violations against defenders. This bill is based
on the UN Declaration on Human Rights Defenders and the Model National Law
on the Recognition and Protection of Human Rights Defenders that articulates the
United Nations Declaration on Human Rights Defenders into national law.42 The
bill will enter into force if passed by the Senate and approved by the
President. The passage of this bill aims for recognition and protection of human
rights defenders like human rights advocates and activists. According to Front
Line Defenders, the Philippines has the highest rate of killing of human rights
advocates and activists outside of the Americas. National organizations -
including Karapatan Alliance for the Advancement of Human Rights,
40
Id., p. 156
41
House Bill No. 1911 18th Session (1st Regular Session)
42
International Service for Human Rights. (2016). Model National Law on the Recognition
and Protection of Human Rights Defenders/ Available at:
https://academy.ishr.ch/upload/resources_and_tools/ishr_Model_Law_for_the_re
cognition_and_protection_of_human_rights_defenders_en.pdf.
20
Philippine Alliance of Human Rights Advocates and Task Force Detainees of
the Philippines- report that 687 human rights defenders were killed in the country
between 2001 and 2018. Also, the bill provides for the right to effective remedy
and full reparation.43
Second, Senate Bill (SB) No. 371 44, the Anti-Extrajudicial killing Act of 2019,
reintroduced by Senator Leila M. De Lima to provide a measure seeking to define
acts which constitute extrajudicial killings (EJKs) and ensure accountability over
the suspicious deaths recorded under the Duterte administration, seeks to define
SAN
extrajudicial SEBASTIAN
killings COLLEGE
as an unlawful andRECOLETOS-MANILA
deliberate killing of targeted individuals
or groups by agents of the State and under its order or acquiescence in lieu of
arrest, investigation and prosecution. "Extrajudicial killing includes summary
killing perpetrated by private individuals for purposes of carrying out on their
own or in the context of vigilantism, campaign or policy of the State." The bill
also wants to strengthen the intervention and investigative functions of
government agencies, including the Commission on Human Rights (CHR), NBI
and the PNP, to look into extrajudicial killings. The unique feature of this bill is,
under the measure, the CHR is authorized to investigate extrajudicial killings
cases unprompted or on complaint by an interested party, empowered to conduct
inquiries on matters relating to extrajudicial killings, and to require support
services from government agencies in carrying out of its mandate. PNP, for its
part, should follow minimum standard for Police Intervention Operations all the
43
Id.p.14
44
Senate Bill No. 371, 18th Congress, (1st Regular Session).
21
time, including ensuring the safety of the arresting team and innocent bystanders,
using a "proportionate amount of force and non-lethal weapons as the primary
tool for arrest." Meanwhile, NBI is required under the measure to make its
services available to the CHR and PNP in their inquiries and investigation of
extrajudicial killings cases and observe human rights standards and procedures
while conducting their own independent investigations into extrajudicial killings
cases. Chief executives and chief of police administratively liable if their
communities experience a surge in extrajudicial killings cases, except in
SAN
communities SEBASTIAN
beset COLLEGE
by armed conflict. 45 RECOLETOS-MANILA
2.2 International Conventions as Law of the Land
Under the 1987 Constitution, international law can become part of the
sphere of domestic law either by transformation or incorporation. The
transformation method requires that an international law be transformed into a
domestic law through a constitutional mechanism such as local legislation. 46
Every State, by reason of its membership in the family of nations, is bound by the
rule of pacta sunt servanda, a generally accepted principles of international law.47
45
Ismael, J., De Lima Refiles EJK Bill, Seeks Accountability for Abusers, Manila Times.
2019, July 16. Available at: https://www.manilatimes.net/2019/07/16/news/latest-
stories/de-lima-refiles-ejk-bill-seeks-accountability-for-abuses/585018/
46
G.R No. 173034, October 19, 2007.
47
Cruz, I.A & Cruz, C.L. (2014) Philippine Political Law, Quezon City, Central Book
Supply.
22
Ideally, international law on human rights should operate directly and
immediately, thereby enabling individuals to seek enforcement of their rights

48
before national courts and tribunals.” The justiciability of treaty provisions
greatly hinges on the constitutional framework of the state in which its provisions
are sought to be effected.49
In a dualist system, ratified treaties have no direct validity in domestic law
until they are incorporated or transformed into the domestic legal system. 50 In the
case of incorporation, the treaty becomes part of domestic law through a specific
statute.51 ASAN SEBASTIAN

treaty COLLEGE
is transformed RECOLETOS-MANILA
into domestic law by amending or supplementing
legislation without any specific reference to the treaty provisions.52
International law prohibits the arbitrary deprivation of life, which includes
extrajudicial killing. This norm is codified in every major human rights treaty and
has attained jus cogens status as a non-derogable norm in international law.53
International human rights law lays down obligations which States are
bound to respect. By becoming parties to international treaties, States assume
obligations and duties under international law to respect, protect and fulfill human
48
Agabin, P. (2011) Mestizo: The Story of The Philippine Legal System, University of the
Philippines, College of Law, U.P. Law Centennial Textbook Project.
49
Id.
50
Art. II, Sec. 2; 1987 Philippine Constitution.
51
Eide, A. (2011). Economic, Social and Cultural Rights: A Textbook, Martinus 2nd Ed.,
cited in Pangalanan, R. (2017). Enforcing Liberty and Prosperity Through the
Courts of Law: A Shift in Legal Thought from Juridification To Judicialization, A
Paper for The Foundation for Liberty and Prosperity.
52
Supra
53
California Western School of Law
23
rights. The obligation to respect means that States must refrain from interfering
with or curtailing the enjoyment of human rights. The obligation to protect
requires States to protect individuals and groups against human rights abuses. The
obligation to fulfill means that States must take positive action to facilitate the
enjoyment of basic human rights.54
2.2.1 Extrajudicial killings as part of the International

Human Rights Law
One characteristic of human rights is its difficulty to be complied and

enforced.55 Having human rights inscribed in law does not necessarily provide for
effective accountability of perpetrators to victims.56 Selectivity inevitably reflects
on the legitimacy of human rights as an issue of international concern. 57 With the
help of international treaties, these human rights laws can be implemented.
54
United Nations. The United Nations High Commissioner for Human Rights the
Core International Human Rights Treaties.
https://www.ohchr.org/Documents/Publications/CoreTreatiesen.pdf
55
Ibid.
 The International Covenant on Civil and Political Rights
 The Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment
 The International Convention on the Elimination of All Forms of Racial
Discrimination
 The Convention on the Elimination of All Forms of Discrimination against Women
 The Convention on the Rights of Persons with Disabilities
 The International Convention for the Protection of All Persons from Enforced
Disappearance
 The International Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families
 The International Covenant on Economic, Social and Cultural Rights
 The Convention on the Rights of the Child and its Optional Protocols.
56
Feyter, K.D., (2005) Human Rights Social Justice in the Age of the Market, Antwerp,
Intersentia.
57
Supra.
24
2.2.2 UN Treaty Bodies
The UNCHR has repeatedly affirmed the duty of states to conduct

effective, thorough and impartial investigations into allegations of gross human
rights violations, particularly extra-judicial, arbitrary or summary executions,
disappearances and torture58 by the Special Rapporteur on extrajudicial, summary
and arbitrary executions,59 and the Working Group on Enforced or Involuntary
Disappearances.60
The Human Rights Committee, in its General Comment No 6 on Article 6
SAN
ICCPR, held SEBASTIAN
that COLLEGE
‘States should RECOLETOS-MANILA
establish effective facilities and procedures to
investigate thoroughly cases of missing and disappeared persons in circumstances
which may involve a violation of the right to life.’ 61 A year later, it held in the
case of Almeida de Quinteros that the state must ‘establish what has happened’ to
a person who disappeared and secure her release. It later subsumed this obligation
under the right to an effective remedy, guaranteed in Article 2 (3) of the
Covenant. Similarly, it has established a duty to investigate allegations of torture

58
United Nations. (2003). Commission on Human Rights. Resolutions E/CN.4/2003/72,
25 April 2003, para 8; E/CN.4/RES/2003/32 (torture), 23 April 2003, para 8;
E/CN.4/RES/2003/53 (extrajudicial, summary and arbitrary executions), 24 April
2003, paras 4, 5; E/CN.4/RES/2003/72 (impunity), 25 April 2003, para 8.;
E/CN.4/RES/2003/38 (enforced or involuntary disappearances), 23 April 2003,
para 5 (c) restating former resolutions with the
same requirements.
59
United Nations. (1996) Report of the Special Rapporteur on Extrajudicial, Summary
and Arbitrary Executions, E/CN.4/1997/60, para 46; United Nations. (2004).
Report of the Special Rapporteur on extrajudicial, summary and arbitrary
executions on the mission to Brazil, E/CN.4/2004/7/Add.3, paras 55-64.
60
United Nations. (2003) Report of the Working Group on Enforced and Involuntary
Disappearances, E/CN.4/2003/70 and Corr.1, para 27.
61
U.N. Comm. No. 30/1978. Citing Irene Bleier Lewenhoff and Rosa Valino de Bleier v.
Uruguay. U.N. UAOR, 37th Sess. Supp., No. 40, at 130 U.N. Doc A/37/40 (1982)
(deprivation of the right to life).
25
and ill-treatment, and stated that “complaints must be investigated promptly and
impartially by competent authorities so as to make the remedy effective”. 62
Allegations of excessive use of force by the police must also be investigated. The
Human Rights Committee regularly recalls the duty of states to investigate human
rights violations in its concluding observations on state reports.
Although the Committee has never discussed in general the nature and scope
of remedies, to date, the recommended actions included:63
a) Public investigation to establish the facts
SAN SEBASTIAN
b) Bringing to justice theCOLLEGE RECOLETOS-MANILA
perpetrators
c) Paying compensation
d) Ensuring non-repetition of the violation
e) Amending the law
2.3 Jurisdiction of ICC to Prosecute Such Crime
The ICC is the first permanent tribunal established with the express goals
of putting an end to ‘impunity for the perpetrators of the most serious crimes of
concern to the international community’ and the prevention of these crimes.64 The
62
Ibid p.42
63
Id. p.46
64
The Rome Statute, at the Preamble.
26
ICC is designed to complement and not to preempt or substitute for national
prosecution. National courts have the option of investigating a case domestically
filed before the ICC can adjudicate it. 65 However, an exception is when ICC finds
a case admissible despite domestic action if the court determines that the “state is
unwilling or unable genuinely to carry out the investigation or prosecution.66”
The ICC’s jurisdiction is expressly limited by the general principles of
gravity and complementarity as espoused in Article 1 of the Rome Statute: the
Court “shall have the power to exercise its jurisdiction over persons for the most
SANof
serious crimes SEBASTIAN
internationalCOLLEGE RECOLETOS-MANILA
concern, as referred to in this Statute, and shall be
complementary to national criminal jurisdictions.” The ICC must have three types
of jurisdiction to legally initiate its criminal process: (1) subject matter
jurisdiction, (2) jurisdiction over the situation through the nationality of the
defendant or the territory in which the alleged crimes occurred unless the situation
is referred by the U.N. Security Council (UNSC) and (3) jurisdiction in time. In
other words, “the Court must have jurisdiction over the crime itself, over either
the location of the crime or the nationality of the perpetrator (but both are not
necessary) and over the period of time in which the crime was committed.”67
65
The Rome Statute, at the Preamble.
66
Id. Article 17(1) (a)
67
Smeallie. A.N., (2019) Punishing the Punisher: The Role of The International Criminal
Court in Ending Duterte’s “War on Drugs” University James E. Beasley School of
Law. Available at: https://sites.temple.edu/ticlj/files/2019 /05/33.1_ Smellier_
Article6.pdf
27
2.3.1 The Subject Matter of ICC Prosecution
For the ICC to have jurisdiction to prosecute ‘crimes against humanity’,
the alleged attack must be of a “widespread or systematic” nature. The “war on
drugs” fits well within the ICC’s definition of the widespread requirement as an
attack of a large-scale which is “massive, frequent, carried out collectively with
considerable seriousness, and directed against a multiplicity of victims. 68” The
gravity threshold of Article 17(1)(d) requires that the ICC find a case inadmissible
where “the case is not of sufficient gravity to justify further action by the Court.”69
This gravity threshold ensures that the Court is only involved when the alleged
crimes are of the type that “deeply shock the conscience of humanity,” and are so
grave that they “threaten the peace, security, and well-being of the world.”70
2.3.2 ICC Prosecution
The ICC will prosecute crime if and when national criminal systems fail.
The principle of complementarity under Article 17 of the Rome Statute, is the
decisive basis of the entire ICC system. The office of the Prosecutor focuses on
prosecuting international crimes. It takes steps to initiate pre-trial once there is
68
Prosecutor v. Bemba, Case No. ICC-01/05-01/08, Decision Pursuant to Article 61 (7)
(a) and (b) of the Rome Statute on the Charges of the Prosecutor Against Jean-
Pierre Bemba Gombo, ¶ 83 (June 15, 2009)
69
The Rome Statute, supra note 46, art. 17, ¶ 1(d).
70
Id. at Preamble. (offering overarching principles as part of the Preamble of the Rome
Statute).
28
real certainty that the case is based on sufficient evidence. If investigation is
completed during pre-trial proceedings, the focus is shifted from investigation to
prosecution.71
Furthermore, the Prosecutor’s authority “is limited by the requirements of
due process: he may not act arbitrarily or discriminatorily, and cannot abuse his
power.” In previous decisions, the ICC expressed that in order to open an
investigation under Article 15, the Prosecutor must establish a “reasonable basis
to proceed,” which is the lowest evidentiary standard the Rome Statute provides.
SAN SEBASTIAN
Upon a finding that there isCOLLEGE RECOLETOS-MANILA
a reasonable basis to believe the jurisdiction and
admissibility requirements are satisfied, the Prosecutor must submit a request for
authorization to investigate, along with any supporting material, to the Pre-Trial
Chamber. The ICC is intended to complement, not to replace, national criminal
systems; it prosecutes cases only when States do not are unwilling or unable to do
so genuinely.72
2.4 International Legal Sources on Prosecuting Extrajudicial killing

cases
The right to a prompt, thorough, independent and impartial investigation can
be found in many international legal instruments and has been further developed
71
Phooko, Moses Retselisitsoe (2011). "How Effective the International Criminal Court
Has Been: Evaluating the Work and Progress of the International Criminal Court,"
Notre Dame Journal of International & Comparative Law: Vol. 1: Iss. 1, Article 6.
Available at: http://scholarship.law.nd.edu/ndjicl/vol1/iss1/6
72
The Rome Statute of the International Criminal Court, How the Court Works; Art.52
Available at: https://www.icc-cpi.int/about/how-the-court-works
29
in international jurisprudence.73 To test whether the domestic procedural law is in
conformity with International Standards, it is best to consult the International
Treaties and Declaratory Instruments.
2.4.1 International Treaties and Declaratory Instruments
Criteria are being developed by the United Nations and in the
regional systems to achieve a meaningful investigation. The modalities of
the investigation have been developed in particular in the UN Principles
on Extralegal Executions and the UN Principles on the Investigation of
SAN SEBASTIAN
Torture (the so-calledCOLLEGE RECOLETOS-MANILA
Istanbul Protocol). The UN Principles on Extra-
legal Executions are supplemented by the United Nations Manual on the
Effective Prevention and Investigation of Extra-legal, Arbitrary or
Summary Executions, which further specifies the duties of states. 74 It has,
for example, been used by the Inter-American Commission on Human
Rights to set its standards for investigations.
2.4.2 The Right to investigation
The right to an investigation includes the right to have
prompt, thorough, independent and impartial investigation. The
investigation must be carried out ex office if no victims or relatives

73
International Commission of Jurists, (2006). The Right to A Remedy and to Reparation
For Gross Human Rights Violations. Geneva: available at www.icj.org
74
Inter-American Court of Human Rights. I/Act HR, Case Velásquez Rodríguez v
Honduras, Judgment of 29 July 1988, Series C No. 4, para 166; see also
para 174; EctHR, Case Finucane v the United Kingdom, Judgment of 1 July
2003, para 69.
30
file a complaint.75 First, the treaty requires that investigation be
independent and impartial. Second, impartiality presupposes a lack
of preconceived ideas and prejudice by those who carry out the
investigation. This investigator who shall be independent of the
suspected perpetrators and the agency they serve and shall be
competent and impartial.76
a) Capable of Leading to the

Identification and, if Appropriate, the
Punishment of the Authors

The identity of the victims, the identity of those
responsible for devising policies and practices leading to
disappearances, as well as the identity of persons who
commit the disappearances and those who have aided or
encouraged them, should be made known to the public. 77
The UN Principles on Extra-legal Executions stipulate that
the purpose of the investigation shall be to determine the
cause, manner and time of death, the person responsible,
75
Inter-American Court of Human Rights: Case Velázquez Rodríguez v Honduras,
Judgment of 29 July 1988, Series C No 4, para 176; Case Tibi v Ecuador,
Judgment of 7 September 2004, Series C No 114 para 159; ECtHR, Case Aksoy
v Turkey, Judgment of 18 December 1996, Reports 1996-VII, para 99; Case
Hugh Jordan v the United Kingdom, Judgment of 4 May 2001, Reports 2001-III,
para 141.
76
Id., p.142
77
United Nations. (1993) Report of the Working Group on Enforced or Involuntary
Disappearances. E/CN.4/1994/26, para 45f).
31
and any pattern or practice which may have brought about
that death.78
b) Powers of the Investigatory

Authorities
The investigation authorities must have resources
and powers necessary to carry out an effective
investigation, which includes, in particular, the power to
oblige all involved actors and witnesses to appear and
testify.79
c) Participation of Victims and their

Relatives
The investigation must be public and victims and
their families must have access to them. Furthermore,
victims and their families must have access to said
investigation and other legal proceedings.
d) Protection of Victims, their Relatives

and Witnesses against Threats and
Intimidation
78
United Nations Principles on the Investigation of Torture, Principle 9 of the UN
Principles on Extra-legal Executions; Principle 3 (a); AfrCmHPR, Case Amnesty
International et al v Sudan, (26th and 27th Ordinary Sessions, May 2000), para
51; Case Hugh Jordan v the United Kingdom, Judgment of 4 May 2001, Reports
2001-III, para 127; EcrHR, Case McKerr v the United Kingdom, Judgment of 4
May 2001, Reports 2001-III, para 124.
79
Article 13 (2) of the Declaration on the Protection of All Persons against Enforced
Disappearance; (1992). Principle 10 of the United Nations Principles on Extra-
legal Executions;
32
The UN Principles on Extra-legal Executions, and
the UN Principles on the Investigation of Torture both
require that complainants, witnesses, those conducting the
investigation and their families must be protected from
violence, threats of violence or any other form of
intimidation. Families of the deceased and their legal
representatives shall have access to information and be
entitled to present evidence. The body of the deceased must
SAN SEBASTIAN COLLEGE

be returned to themRECOLETOS-MANILA
upon completion of the investigation.80
e) Documentation of All Relevant

Evidence
The UN Principles Extra-legal Executions state that
the inquiry must include and analyze all physical and
documentary evidence and statements from witnesses.81
f) Suspension of Official during

Investigation
The need to suspend officials during investigation is
enshrined in some international instruments and is

80
Principle 15 of the UN Principles on Extra-legal Executions; Principle 3 (b) of the UN
Principles on the Investigation of Torture.
81
Principle 9 of the Principles on Extra-legal Executions.
33
increasingly recognized by human rights bodies. The
Declaration on the Protection of All Persons from Enforced
Disappearance,82 the UN Principles on Extra-legal
Executions,83 and the UN Principles on the Investigation of
Torture require that those potentially implicated in the
violations shall be removed from any position of control or
power, whether direct or indirect over complainants,
witnesses and their families, as well as over those

conducting RECOLETOS-MANILA
investigations.
g) Disclosure of Investigation to Public
The inquiry will only fulfill its purpose if the report
is made public immediately and discloses the methods and
findings of such investigations.84 The report must describe
in detail specific events that were found to have occurred
and the evidence upon which such findings were based, and
list the names of witnesses who testified, with the exception
of those whose identities have been withheld for their own
protection.85
82
Id., Art.16
83
Id. Principle 15
84
Article 13 (4) of the 1992 Declaration on the Protection of All Persons against Enforced
Disappearance.
85
Principle 17 of the UN Principles on Extra-legal Executions; Principle 5 (b) of the UN
Principles on the Investigation of Torture; I/ACtHR, Case Juan Humberto
Sánchez v Honduras, Judgment of 7 June 2003, Series C No. 99, para 186.
34
The duty to investigate also exists with regard to
violations of the right to life and of the right to liberty and
security of the person. Principle 9 of the UN Principles on
Extra-legal Executions postulates that ‘there shall be
thorough, prompt and impartial investigation of all
suspected cases of extralegal, arbitrary and summary
executions.’86 Other United Nations declaratory instruments
make clear that the duty to investigate is not necessarily
SAN SEBASTIAN
linked COLLEGE RECOLETOS-MANILA
to a specific cause or violation, but applies to all
violations. For example, Article 9 (5) of the Declaration on
Human Rights Defenders states that "the State shall
conduct a prompt and impartial investigation or ensure that
an inquiry takes place whenever there is reasonable ground
to believe that a violation of human rights and fundamental
freedoms has occurred in any territory under its
jurisdiction."
2.4.3 Responsibility
86
Principles 7 and 34 of the Body of Principles for the Protection of All Persons under
Any Form of Detention or Imprisonment; Principle 57 of the United Nations Rules
for the Protection of Juveniles Deprived of their Liberty; (1990) Principle 23 of the
UN Basic Principles on the use of force and firearms by Law Enforcement
Officials.
35
In international human rights law, states have a duty to
prevent human rights violation. This duty may involve the
adoption of general measures in order to avoid recurring violations.
These measures may be of legislative or other nature. Guarantees
of non-repetition may also be sought by way of satisfaction, so that
there is some overlap between the two in practice. 87 This may
entail the adoption of legislative measures to prevent further
violations or adoption of certain policies, such as those categories
SANof
SEBASTIAN COLLEGE RECOLETOS-MANILA
persons at risk.
2.4.4 Right to Reparation
One of the most important forms of reparations is not just
the search for and the acknowledgement of truth, but the
determination of responsibility as well. In this sense, there is an
intrinsic link between the right to investigation and the right to
truth. The UN Principles on Reparation list as measures of
reparation the ‘verification of the facts and full and public
disclosure of the truth to the extent that such disclosure does not
cause further unnecessary harm or threaten the safety of the victim,
witnesses, or others’, the ‘search for the whereabouts of the

87
Com.15, International Law Commission, Commentary to the Article 30 of the Draft
Articles on Responsibility of States for Internationally Wrongful Acts, para 1.
36
disappeared and for the bodies of those killed, and assistance in the
recovery, identification and reburial of the bodies in accordance
with the cultural practices of the families and communities,
including public ‘apology.’ The principle of restitutio in integrum
is firmly rooted in international human rights law.
As an example, the international community has successfully resolved
human rights violations when it applied pressure to the case of Marcos. The case
SAN SEBASTIAN
evidently shows COLLEGE
that international RECOLETOS-MANILA
treaties have a great influence in achieving
legal remedies and reparation for grave human rights violations.88
Amnesty International's first report about the Philippines in 1975 revealed
the “systematic and severe torture” handled by the Fifth Constabulary Security
Unit. Amnesty International found convincing evidence of widespread torture
among prisoners, enabled by Marcos's suspension of the writ of habeas corpus
and the absence of judicial oversight. Evidence reveals that not only was he aware
of tortures and murders enacted by his military and police force, but that he was
condoned and at times arranged for it. This caused tensions between the United
States and the Philippines, pressuring Marcos to admit human rights violations
during his regime.89
88
Mccoy, Alfred (2009). Policing America’s regime: The United States, the Philippines,
and the rise of the surveillance state. Madison, Wis.: University of Wisconsin Press.
89
Id.
37
Marcos initially denied knowledge of human rights violations.90 In 1974,
he proclaimed in a televised address that “No one, but no one was tortured”. But
he eventually confessed at the 1977 World Peace through law Conference in
Manila that “there have been, to our lasting regret, a number of violations of the
rights of detainees”.
2.5 Theoretical Framework

General
Principles
Right to Life
Reparation &
Remedy
International
Standards
Security &
Well-being
Right to Investigation
Witness
Protection
90
Pumipiglas: Political Detention and Military Atrocities in the Philippines, 1981-1982
Task Force Detainees of the Philippines, Association of Major Religious
Superiors in the Philippines.
38
Figure 2.5. This is a thematic summary of the fundamental rights in accordance
with the different international legal instruments for all extrajudicial killings’
victim, which ought to be observed. This is mainly hinged on the United Nations
which lays out the basic principles, and minimum standards here categorized as
follows: (1) Right to Life; (2) Right to Investigation; (3) Witness Protection; (4)
Security & Well-being, and (5) Reparation and Remedy.
Chapter 3
RESEARCH METHOD
3.1 Research Design
The descriptive-evaluative research method was utilized in this study. This
can be done through the use of numerous technical and coordinated legal rules to
be found in primary and secondary resources. This method is appropriate to test
the adequacy of domestic laws in prosecuting extrajudicial cases.
3.2 Research Instruments

39
Both domestic and international instruments are beneficial to lay a
groundwork for this thesis. First, to check the adequacy of domestic proceeding
provided for extrajudicial killing cases, one legal international instrument, the
Minnesota Protocol which is prescribed by the United Nation's, is used as a
criterion. A criterion was selected to meet the objective of this research which is
to identify the international guiding principles, and compare this criterion with the
existing domestic laws, including the rights it affords.
To answer the problem, two model instruments are selected. Models are
used to determine the effectiveness of administration of justice through
international mechanisms, which finally prove the effectiveness of the ICC.
By consulting both international and domestic legal instruments, the
researcher presents the scenarios of prosecuting extrajudicial cases in the
Philippines with or without the international body like ICC. Thus, for the purpose
of answering the question on whether the Philippine laws complied with
international standards on human rights laws and remedies that extrajudicial
killings’ victims or families ought to be guaranteed of, the research utilized a
descriptive-evaluative approach including the thematic method, which consisted
of the assemblage and selection of legal instruments such as Constitutional
provisions, statutes, jurisprudence, international conventions, and other legal
documents that identifies certain legal remedies which the extrajudicial killings’
victims are entitled.

40
To answer the subsequent question, “In the absence of International
Criminal Court, how will the extrajudicial killings’ victims be afforded with
proper legal remedies and reparation in accordance with International law on
human rights,” the researcher utilized descriptive comparative approach consisted
of one legal instrument namely Minnesota Protocol prescribed by the United
Nations.
SANGathering
3.3 Data SEBASTIAN COLLEGE RECOLETOS-MANILA
Procedure
The primary objective of this design is to organize, categorize and
compare the legal rules and to provide a comparative analysis on the significance
of the authoritative legal sources wherein rules particularly the laws and
jurisprudence are considered to identify an underlying structure or relation.
The researcher selected international and domestic legal instruments such
as international conventions, Constitutional provisions, statutes, jurisprudence and
legislative proposals available.
The basis for selection is primarily the relevance of the instrument to the
topic which determines the legal measure and remedies available for extrajudicial
killings’ victims. Hence, the contents of the documents were the primary basis for
selection.
41

3.4 Conceptual Framework and Hypothesis
DOMESTIC
LAWS on
INTERNATIONAL prosecuting
STANDARDS EJK
DOMESTIC LAWS THAT

APPROXIMATES THE
INTERNATIONAL STANDARDS
Figure 3.4. Theoretical Framework which shows the bodies of legal instruments –
international and domestic – and an overlap corresponding to the rights that is
provided in both contexts. The researcher hypothesizes that there is a significant
discrepancy between the two, thus shows the inadequacy of domestic proceedings
42
which should afford the extrajudicial killings’ victims the rights and remedies that
they ought to be guaranteed of vis-à-vis the surplus of international standards
affording these rights as can be culled from the review of related literature from
Chapter 2.
Chapter 4
ANALYSIS AND PRESENTATION OF DATA
This chapter analyzes and interprets the collected data. As a result of
careful evaluation, the study proposes a solution to the inadequacy of domestic
law. To do this, there is a need to counterbalance the dichotomy between the
domestic and international proceedings. Content and data analysis were employed
in summarizing the rights that these laws afford to extrajudicial killings’ victims
in order to identify the primary subject matter, which were categorized
accordingly.
4.1 General Principles

43
One of the critical stages in criminal law is prosecution. Thus, this section
posits the ideal prosecution which meets the international standards by the
international treaties. First, the research lays down the distinction of prosecution
process between domestic law and international law provided by the United
Nations.
The rule on prosecution is best analyzed in both international and
domestic spheres. In the former, prosecutions were conducted not only as part of a
SAN
wider social andSEBASTIAN COLLEGE RECOLETOS-MANILA
economic rehabilitation program concerned with more than the
judicial determination of guilt and innocence of the perpetrators but was also
concerned on stopping the impunity in adherence to international standards. If the
comparative analysis shows that the domestic laws used in prosecuting
extrajudicial killings are incompatible to the contemporary measures set by the
United Nations, the research recommends a plausible solution to address the issue
on inadequacy of domestic law.
To finally provide a solution, the research proposes that the State consider
the intervention of international mechanism. However, in order to check the
effectiveness of this suggestion, the researcher conducted a test by using Jo &
Simmon’s model and Nala Ali’s model.
4.2 Examining the effectiveness of Domestic Proceeding
4.2.1 The Mechanics of this Prosecution Game

44
a) Theory on Investigation
The law enforcement consists of the officers and men of the PNP, the
NBI, and other agencies. 91When they learn of the commission of crimes or
discover them, their duty is to investigate. Particularly, to investigate the crime
which may take the form of surveillance and observation of suspects, other
persons and premises; interviewing persons with knowledge of facts directly or
indirectly connected with the offense; taking photographs (surreptitiously or
otherwise);SAN SEBASTIAN
arranging COLLEGE
for entrapment; RECOLETOS-MANILA
searching premises and persons subject to
constitutional and statutory safeguards; and examining public and other available
records pertaining to the persons involved and getting copies of pertinent entries.92
The police officers, in other words, collect evidence for use in the
prosecution of the suspects in the court. This may consist of the testimony of
witnesses, including invited suspects, which are invariably taken down in
question-and-answer form writings and objects, e.g., gun, knife, other weapons
used in the commission of the crime, clothing of the victim, etc. Arrest suspects
by virtue of a warrant of arrest issued by a judge on the basis of evidence
submitted by them or under circumstances justifying a warrantee’s arrest.93
91
Corpuz, M.V. The Roles and Function of the Prosecution in the Criminal Justice
System, retrieved at: https://www.unafei.or.jp/publications/ pdf/RSNo53
No5327PACorpuz.pdf
92
Id. p.272
93
Id. p.273
45
b) Theory on Prosecution
The investigation and prosecution of all cases involving violations of
penal laws are lodged with the Department of Justice (DOJ) through its National
Prosecution Service (NAPROSS). The DOJ is headed by the Secretary of Justice
with three Undersecretaries assisting him.94 The Prosecution Staff or State
Prosecutors shall conduct the investigation and prosecution of all crimes.95
The prosecution process starts the moment the law enforcer, the
SAN
complainant or SEBASTIAN
public officerCOLLEGE
in charge RECOLETOS-MANILA
of the enforcement of the law alleged to
have been violated files a case against a suspected criminal.96 With such filing,
preliminary investigation will set in and the second stage in the life of a criminal
action is now in progress.
In cooperation with the Inter-Agency Committee on Extra-Legal
Killings,97 IAC serves as the government’s institutional machinery dedicated to
the resolution of unsolved cases of political violence in the form of extra-legal
killings (ELK). Its functions are limited only to the following:
1. Inventory of all cases of ELK’s, ED, torture and other

grave violations of the right to life, liberty and security
of persons perpetrated by both state and non-state
agents, from all government offices as well as non-
94
Id. p. 274
95
Id. p. 277
96
Id. p. 19
97
Department of Justice. Operational Guidelines of A.O. No. 35 Inter-Agency Task Inter-
Agency Committee (IAC) on Extra-Legal Killings, Enforced Disappearances. 19
April 2013. https://www.doj.gov.ph/news_article.html?newsid=178
46
government sources (independent and non-partisan

international and national human rights organizations
and groups);
2. Classify the cases into: unsolved, under investigation,

under preliminary investigation, and under trial;
3. Prioritize unsolved cases for action by assigning

Special Investigation Teams (SIT) composed of
prosecutors and investigators, in order to conduct
further investigation for the possible identification of
perpetrators; and
4. Designate and mobilize SIT’s for the various AO35

cases for the immediate investigation and prosecution
of the perpetrators; and
1. Monitor the progress of all inventoried cases and
maintain an updated database of the same.98
Lastly, the reparation afforded for extralegal killings’ victims and families is
generally provided under the Revised Penal Code,99 such as reparation, restitution,
indemnification for consequential damages.100
4.2.2 The Actual Prosecuting Game
4.2.2.1 The Players: PNP, Prosecutors, DOJ, and the CHR
98
Ibid.
99
Art. 104, Republic Act 3185, Revised Penal Code of the Philippines of 1930.
100
Art. 104. What is included in civil liability.--- The civil liability established in Articles
100, 101, 102, and 103 of this Code includes:
1. Restitution;
2. Reparation of the damage caused;
3. Indemnification for consequential damages.
47
The Department of Justice, the Philippine’s principal law agency and legal
counsel of the government, serves as prosecution arm and administers the
criminal justice system by investigating crimes, prosecuting offenders, and
overseeing the correctional system. In a national report, Department of Justice
(DOJ) prosecutors have only investigated at least 76 “murder and homicide cases
allegedly related to the government’s campaign against drugs.”
It gathered from all prosecutors’ offices from July 2016 to August 2018.
The statistics exclude numbers from Manila, Quezon City, and Taguig. Of the at
SAN SEBASTIAN
least 76 investigations, COLLEGE
38 were RECOLETOS-MANILA
dismissed, five are pending before prosecutors,
and 33 have been filed in court.
"Preliminary investigations (PIs) are conducted usually after pieces s of
evidence have already been gathered by law enforcement officers who then file
before prosecution service the relevant complaint and submit their evidence in
support thereof."101 It must be noted, however, that when death happens,
prosecutors do not need a complaint for them to act on it. Section 16 of DOJ
Circular No. 61 mandates prosecutors to rush to the crime scene "whenever a
dead body is found and there is reason to believe that the death resulted from foul
play, or from the unlawful acts or omissions of other persons and such fact has
been brought to his attention."
101
Gavilan, Buan, Talabong, Duterte Gov’t Allows Drug War Deaths to Go Unresolved.
Rappler. 14 January 2019. Available at: https://rappler.com/newsbreak/in-
depth/duterte-government-drug-war-deaths-unsolved
48
According to the rules of law enforcement, authorities have the duty to
inform first the inquest prosecutor of these matters for the inquest prosecutor to
actually be involved in the investigation by law enforcement authorities."
Moreover, lack of witness should not stop an investigation.
There are inconsistencies on the part of the police whenever they perform
their duties prescribed by rules of law on enforcement. There inconsistency in
their persistent claim that they are investigating each and every death
As an example, three cops who are accused of murder of a 17 years old,
known as SAN
KianSEBASTIAN COLLEGE
delos Santos. RECOLETOS-MANILA
Judge Rodolfo Azucena Jr of Caloocan even
dismissed charges of planting of evidence against the convicted cops.102 This case
was decided in favor of the victim. All three will serve a sentence of reclusion
perpetua or 30 years without eligibility of parole, aside from paying damages to
the family. which prompted police to review or modify their anti-drug operation
guidelines.
What can be observed in this case is that the police who investigated the
incident said that Delos Santos was killed during an anti-drug operation, after he
allegedly resisted arrest and opened fire. Camera footages, however, showed that
the teenager was dragged by officers before being shot.
The Commission on Human Rights, created through the 1987 Philippine
Constitution, is mandated to investigate alleged human rights abuses by state
actors such as the military or police. It is investigating 1,500 cases – a mix of
102
People vs. Oares, Criminal Case No. C-10295-27, November 29, 2018.
49
deaths during police operations and extrajudicial killings – a number of cases
which is arguably less if compared to actual statistic. The current setup of the
Commission and lack of manpower are obstacles in keeping apace with
investigations, especially with the high number of killings which have been
recorded since the start of the anti-drug campaign. Though mandated by the
Constitution to investigate, the CHR failed to have access to the information
handled by PNP as their requests are being consistently rejected.
With the absence of cooperation from PNP, the CHR shows that
SAN
investigation SEBASTIAN
cannot be done.COLLEGE RECOLETOS-MANILA
It is thus evident that the domestic law, as enforced
by several agencies, is not properly enforced, neither are duties properly
performed which show a pattern of systematic delay to bring justice. The
discrepancy in the operation and policies remain questionable.
4.2.2.2 The Reactors: International Treaty (United Nations)
The United Nations took initiative to address extrajudicial killing cases in
the Philippines. Since 2016, UN bodies and experts, including the UN High
Commissioner for Human Rights (UNHCR) have reported gross and systematic
violations of human rights by the Philippines while a member of the Human
Rights Council (Council).103 The Philippines has failed to “uphold the highest
standards in the promotion and protection of human rights,” and to “fully

103
The Philippines was re-elected to the Council in October 2018. Its term ends 31
December 2021
50
cooperate with the Council,”104 as required by General Assembly (GA) Resolution
60/251. The Philippines has persistently disregarded recommendations of UN
Treaty Bodies, Universal Periodic Reviews (UPR)105 and Special Procedures. The
Philippines has failed to respond to communications 106 or requests for visits from
Special Procedures concerned with civil and political rights, vilified the Special
Rapporteur on Extrajudicial Killings,107 and conducted reprisals against the UN
Special Rapporteur on the Rights of Indigenous Peoples. The Philippines
threatened the International Criminal Court (ICC) Prosecutor with arrest after she
opened a SAN SEBASTIAN

preliminary COLLEGE
examination RECOLETOS-MANILA
of alleged crimes against humanity in the
context of the “war on drugs.”108 On 24 June 2019, the UNHCHR welcomed 109 a 7
June 2019 statement of eleven UN Special Procedures mandate holders calling for
a UN investigation to address the “staggering number of unlawful deaths and
104
United Nations. Human Rights Council: Resolution / adopted by the General
Assembly, 3 April 2006, A/RES/60/251. Available at:
http://www.refworld.org/docid/4537814814.html.
105
United Nations. Report of the Working Group on the UPR, Philippines: Addendum,
View presented by the State under review, 19 September 2017,
A/HRC/36/12/Add, para 8 (a). Available at:
https://undocs.org/en/A/HRC/36/12/Add.1
106
United Nations. Report of the Special Rapporteur on Extrajudicial, Summary Or
Arbitrary Executions, A/HRC/41/36/Add.1, para 14. Available at:
https://undocs.org/A/HRC/41/36/Add.1.
107
OHCHR. Press briefing note on Attacks/threats by States against UN human
rights experts. www.Ohchr.Org. Available at
https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?
NewsID=22421&LangID=E.
108
OHCHR. Visit request by the Special Rapporteur on Human Rights. Human Rights
Defender. Available at:
https://www.ohchr.org/EN/Issues/SRHRDefenders/Pages/CountryVisits.aspx.
109
UNHRHC. Opening statement. 41st session of the Human Rights Council. 24 June
2019. Available at:
NewsID=24724&LangID=E%E2%80%AC.
51
police killings in the context of the so-called war on drugs, as well as killings of
human rights defenders,” noting that UN experts had raised these concerns with
the Philippines on “33 occasions over the last three years.”110
On 11 July 2019, the Council adopted Resolution 41/L.20 urging the
Philippines “to take all necessary measures to prevent extrajudicial killings and
enforced disappearances, to carry out impartial investigations and to hold
perpetrators accountable,” and to cooperate with the UNHCHR and Council
mechanisms by “facilitating country visits and preventing and refraining from all
SAN SEBASTIAN
acts of intimidation COLLEGE
or retaliation.” RECOLETOS-MANILA
Resolution 41/L.20 directed the UNHCHR to
prepare “a comprehensive written report on the situation of human rights in the
Philippines” for the September 2020 Council session.111
The Philippines was among 14 Council members opposing Resolution
41/L.20.112 In the Council chamber, the Philippines condemned the adoption of
Resolution 41/L.20,113 stating that “…its validity is highly questionable” and
threatening its proponents with “consequences; far-reaching ones.”114
110
OHCHR, UN human rights experts call for independent probe into Philippines
violations, 7 June 2019. Available at:
NewsID=24679&LangID=E.
111
Id.
112
Promotion and Protection of human rights in the Philippines, 5 July 2019. United
Nations Human Rights. A/HRC/41/L.20. Available at:
http://ap.ohchr.org/documents/E/HRC/d_res_dec/A_HRC_41_L_20.docx.
113
‌Tijjani Muhammad-Bande (General Assembly President) on the 75th
anniversary of the bombing of Hiroshima and Nagasaki. United Nations. United
Nations Web TV. Available at: http://webtv.un.org/search/ahrc41l.20
114
Human Rights Council, Statement by Philippines after the vote on Resolution 41/L.20.
Available at: http://webtv.un.org/search/ahrc41l.20 vote-item2-37th-meeting-41st-
regular-session-human-rights-council/6057882637001/#t=8m20s.
52
On 14 July 2019, Foreign Affairs Secretary Teodoro Locsin Jr. stated:
“Any probe resulting from the narrow vote for Resolution 42/L.20 will not be
allowed into the Philippines.”115 On 23 July 2019, President Duterte announced
that the “war on drugs…will be as relentless and chilling…as on the day it
began.”116 Such defiant responses to Resolution 41/L.20 demonstrate the need for
further Council action to ensure cooperation with Council mechanisms, including
Resolution 41/L.20.117
Through the data given, there are signs of ineffective protective measure
SAN SEBASTIAN
or implementation of laws COLLEGE
to address RECOLETOS-MANILA
extrajudicial killing cases. The State’s
inaction to allow agencies like the Commission on Human Rights to investigate
alleged human rights violations committed by the police or military. The State’s
unwillingness to bring justice is evident by its persistent gross and systematic
non-compliance with their own domestic procedural laws. This approval
requirement impairs the ability of authorities to conduct prompt, effective,
independent and impartial, and transparent investigations in accordance with
national and international human rights law. In the small number of cases where
investigations have been conducted, publicly available information is very
115
Teddy Locsin Jr., Probing the Killing. Twitter. 14 July 2019. Available at:
https://twitter.com/teddyboylocsin/status/1149665318165291013/.
116
Corrales, N. (2018, July). Duterte: Drug war to remain ‘relentless and
chilling.’ INQUIRER.Net. https://newsinfo.inquirer.net/1013351/duterte-drug-war-
will-be-relentless-and-chilling.
117
Id.
53
limited, and no reports are made. The number of suspects is very minimal
compared to the number of violations related to drug-war.118
EJK Cases
EJK Cases
7
6 6
5
4.5
4
3 SAN SEBASTIAN COLLEGE

3 RECOLETOS-MANILA
2
1.5
1
0
Y e a r 20 1 6 2 0 18 2020 2 0 22
4.2.3 The Projection of EJK Cases
Figure 4.2.3 It can be observed that if complaints filed in 2016 recorded a
number of 1.5 potential EJK cases which remain unresolved, data show that it can
118
United Nations. (2019). Annual Report of the United Nation High Commissioner for
Human Rights and reports of the office of the High Commissioner and the
Secretary-General.42nd session, Geneva. Joint written statement* submitted by
Lawyers' Rights Watch Canada, Lawyers for Lawyers, International Association
of Democratic Lawyers (IADL), nongovernmental organizations in special
consultative status, and Asian Legal Resource Centre, non-governmental
organization in general consultative status. Available at:
https://www.lrwc.org/ws/wpcontent/uploads/2019/09/Philippines.HRC42.Written.
G1924809.pdf
54
result to 6.0 number of cases in 2022. This means that there will be repetition of
the same crime resulting in a great number of gross human rights violations.
In sum, this Prosecution Game shows that no adequate remedies are given
to the extrajudicial killings’ victims because of the following factors: 1) State’s
inaction to investigate 2) State’s systematic delay on investigation 3) Not even
one was tried in domestic courts concerning extra-legal killing cases.
SAN SEBASTIAN
4.3 Minnesota ProtocolCOLLEGE RECOLETOS-MANILA
on Investigation of Extralegal, Arbitrary and
Summary Execution119
The researcher has selected a criterion, the Minnesota Protocol, to test
whether the domestic laws on prosecuting extrajudicial cases comply with
international standards. In relation to a measure, the extent to which the measure
or result reflects the truth of the phenomenon depends on the conceptual
framework provided in Chapter 2.
The United Nations adopted the Minnesota Protocol on the Investigation
of Potentially Unlawful Death (“Minnesota Protocol”). 120 In contrast to the

119
‌The Minnesota Protocol on The Investigation of Potentially. The Revised United
Nations Manual on the Effective Prevention and Investigation of
Extra-legal, Arbitrary and Summary Executions. (2016). Available at:
https://www.ohchr.org/Documents/Publications/MinnesotaProtocol.pdf
120
OHCHR | Revision of the UN Manual on the Effective Prevention and
Investigation of Extra-Legal, Arbitrary and SE.www.Ohchr.Org. Retrieved August
6, 2020, from
https://www.ohchr.org/EN/Issues/Executions/Pages/RevisionoftheUNManualPrev
entionExtraLegalArbitrary.aspx
55
domestic proceedings, the Minnesota Protocol offers a much broader approach to
the issue of extrajudicial killings. It applies to all potentially unlawful deaths,
which include situations where: (1) “the death may have been caused by acts or
omissions of the State, its organs or agents, or may otherwise be attributable to the
State, in violation of its duty to respect the right to life;” (2) “the death occurred
when a person was detained by, or was in the custody of, the State, its organs, or
agents;” or (3) “the death occurred where the State may have failed to meet its
obligations to protect life.” The Minnesota Protocol provides several examples of
SAN SEBASTIAN
what constitutes COLLEGE
an unlawful death. 121 RECOLETOS-MANILA
The Minnesota Protocol aims to protect the right to life and advances
justice, accountability and the right to a remedy, by promoting the effective
investigation of potentially unlawful death or suspected enforced disappearance.
The Protocol sets a common standard of performance in investigating potentially
unlawful death or suspected enforced disappearance and a shared set of principles
and guidelines for States, as well as for institutions and individuals who play a
role in the investigation.122 Along with the Principles, it has been used by national,
regional and international courts, commissions and committees, such as the
European and Inter-American Courts of Human Rights, the African Commission
on Human and Peoples’ Rights and the UN Human Rights Committee.
121
California Western School of Law. p.134
122
The Minnesota Protocol on The Investigation of Potentially Unlawful Death.
56
The Protocol outlines States’ legal obligations and common standards and
guidelines relating to the investigation of potentially unlawful death (Section II).
It sets out the duty of any individual involved in an investigation to observe the
highest standards of professional ethics (Section III).123 It provides guidance and
describes good practices applicable to those involved in the investigative process,
including police and other investigators, medical and legal professionals and
members of fact-finding mechanisms and procedures (Section IV). While the
Protocol is neither a comprehensive manual of all aspects of investigations, nor a
SAN
step-by-step SEBASTIAN
handbook COLLEGE RECOLETOS-MANILA
for practitioners, it does contain detailed guidelines on key
aspects of the investigation (Section V). (Section VII) contain anatomical
sketches and forms for use during autopsies. States should take all appropriate
steps to incorporate Protocol standards into their domestic legal systems and to
promote its use by relevant departments and personnel, including, but not limited
to, prosecutors, defense lawyers, judges, law enforcement, prison and military
personnel, and forensic and health professionals.124
The key features of this Protocol are as follows:
xxx
The Minnesota Protocol applies to the investigation of

all “potentially unlawful death” and, mutatis mutandis, suspected
enforced disappearance. For the purpose of the Protocol, this
primarily includes situations where:
(a) The death may have been caused by acts or omissions of the
State, its organs or agents, or may otherwise be attributable to
the State, in violation of its duty to respect the right to life. This
123
Id
124
Id.
57
includes, for example, all deaths possibly caused by law

enforcement personnel or other agents of the state; deaths caused
by paramilitary groups, militias or “death squads” suspected of
acting under the direction or with the permission or acquiescence
of the State; and deaths caused by private military or security
forces exercising State functions.
(b) The death occurred when a person was detained by, or was in
the custody of, the State, its organs, or agents. This includes, for
example, all deaths of persons detained in prisons, in other
places of detention (official and otherwise) and in other facilities
where the State exercises heightened control over their life.
(c) The death occurred where the State may have failed to meet
its obligations to protect life. This includes, for example, any
situation where a state fails to exercise due diligence to protect
an individual or individuals from foreseeable external threats or
violence by non-State actors. There is also a general duty on the
state to investigate any suspicious death, even where it is not
alleged COLLEGE
SAN SEBASTIAN or suspectedRECOLETOS-MANILA
that the state caused the death or unlawfully
failed to prevent it.
A. The Right to Life

The right to life is a norm of jus cogens and is protected
by international and regional treaties, customary international
law and domestic legal systems. The right is recognized in,
among other instruments, the 1948 Universal Declaration of
Human Rights, the 1966 International Covenant on Civil and
Political Rights, the African, Inter-American and European
human rights conventions, and the Arab Charter on Human
Rights.
xxx
8. Protection of the right to life means preventing the
arbitrary deprivation of life, including through an appropriate
framework of laws, regulations, precautions and procedures. It
also requires accountability for the arbitrary deprivation of life
whenever it occurs. To secure the right to life, States must:
(a) Respect the right to life. States, their organs

and agents, and those whose conduct is
attributable to the State, must respect the right to
life and not deprive any person of their life
arbitrarily.
(b) Protect and fulfil the right to life.
States must protect and fulfil the right to

life by exercising due diligence to prevent the
arbitrary deprivation of life by private actors.
58
This is particularly the case where state officials

have specific information about threats against
one or more identified individuals; or where
there is a pattern of killings where victims are
linked by political affiliation, sex, sexual
orientation or gender identity, religion, race or
ethnicity, caste, or social status. States must
implement their due diligence obligations in
good faith and in a non-discriminatory manner.
States must, for example, exercise due diligence
to prevent the unlawful use of lethal force or
violence against children or women by private
actors, and must protect against similar abuses
by corporations. States must protect the life of
each person under their jurisdiction by law.
States must also take reasonable measures to
address conditions that may give rise to direct
threats
SAN SEBASTIAN COLLEGE to life.
RECOLETOS-MANILA
(c) Investigate potentially unlawful death,
ensure accountability and remedy violations.
The duty to investigate is an essential
part of upholding the right to life. The duty gives
practical effect to the duties to respect and
protect the right to life, and promotes
accountability and remedy where the substantive
right may have been violated. Where an
investigation reveals evidence that a death was
caused unlawfully, the State must ensure that
identified perpetrators are prosecuted and, where
appropriate, punished through a judicial process.
Impunity stemming from, for example,
unreasonably short statutes of limitations or
blanket amnesties (de jure impunity), or from
prosecutorial inaction or political interference
(de facto impunity), is incompatible with this
duty. A failure to respect the duty to investigate
is a breach of the right to life. Investigations and
prosecutions are essential to deter future
violations and to promote accountability, justice,
the rights to remedy and to the truth, and the rule
of law.
xxx
9. Depending on the circumstances, States also
have a duty to cooperate internationally in
investigations of potentially unlawful death, in
particular when it concerns an alleged
59
international crime such as extrajudicial

execution. (emphasis mine)
B. Accountability and Remedy

10. Persons whose rights have been violated have the
right to a full and effective remedy. Family members of victims
of unlawful death have the right to equal and effective access to
justice; to adequate, effective and prompt reparation; to
recognition of their status before the law; and to have access to
relevant information concerning the violations and relevant
accountability mechanisms. Full reparation includes restitution,
compensation, rehabilitation, guarantees of non-repetition, and
satisfaction. Satisfaction includes government verification of the
facts and public disclosure of the truth, an accurate accounting of
the legal violations, sanctions against those responsible for the
violations, and the search for the disappeared and for the bodies
of those killed.
C. The Triggering and Scope of the Duty to Investigate
15. A State’s duty to investigate is triggered where it knows or
should have known of any potentially unlawful death, including
where reasonable allegations of a potentially unlawful death are
made. The duty to investigate does not apply only where the
State is in receipt of a formal complaint.
16. The duty to investigate any potentially unlawful death

includes all cases where the State has caused a death or where it
is alleged or suspected that the State caused a death (for
example, where law enforcement officers used force that may
have contributed to the death). This duty, which applies to all
peacetime situations and to all cases during an armed conflict
outside the conduct of hostilities, exists regardless of whether it
is suspected or alleged that the death.
Investigative mechanisms
xxx
38. The duty to investigate does not necessarily call for one
particular investigative mechanism in preference to another.
States may use a wide range of mechanisms consistent with
domestic law and practice, provided those mechanisms meet the
international law requirements of the duty to investigate.
Whether a police investigation, a coronial inquest, an
investigation by an independent police oversight body, an
investigation by a judge, special prosecutor or national human
rights institution, or any other investigation, complies with the
60
duty to investigate, is a matter to be determined in the light of the

international legal obligations and commitments of the State.
Whichever mechanisms are used, however, they must, as a
whole, meet the minimum requirements set out in these
Guidelines.
39. In specific circumstances a State may establish a special

mechanism such as a commission of inquiry or another
transitional justice mechanism. An international investigation
mechanism with the expertise and capacity to conduct an
independent and objective investigation may be appropriate. The
requirements of promptness, effectiveness and thoroughness,
independence and impartiality, and transparency apply equally to
investigations undertaken by these mechanisms.
40. States must ensure that special mechanisms do not

undermine accountability by, for example, unduly delaying or
avoidingCOLLEGE
SAN SEBASTIAN criminal RECOLETOS-MANILA
prosecutions. The effective conduct of a
special investigative mechanism – designed, for example, to
investigate the systemic causes of rights violations or to secure
historical memory – does not in itself satisfy a state’s obligation
to prosecute and punish, through judicial processes, those
responsible for an unlawful death. Accordingly, while special
mechanisms may play a valuable role in conducting
investigations in certain circumstances, they are unlikely on their
own to fulfil the State’s duty to investigate. Fulfilment of that
duty may require a combination of mechanisms.
C. Interviews and Witness Protection

xxx
85. Interviews should be conducted in a way that maximizes
access to justice for affected individuals and minimizes as much
as possible any negative impact the investigation may have on
interviewees. Special care should be taken when interviewing the
bereaved or those who have witnessed a crime, in order to
prevent their retraumatization. Interviews should be conducted
by trained individuals who apply the highest professional and
ethical standards in order to obtain accurate information while
respecting the rights and well-being of the interviewee. It is
particularly important, in interviews gathering ante-mortem data
which might be used later for identification purposes, that both
the interviewer and the interviewee fully appreciate the uses to
which the data might be put.
2. Security and well-being

61
86. The security and well-being of interviewees and interviewers

is paramount. Risk assessments should be conducted before
engaging with any witness to help ensure that the benefit of the
engagement outweighs the risk. When necessary, and subject to
the consent of the individual(s) concerned, investigators should
take steps to protect an interviewee and others from ill-treatment
or intimidation as a consequence of providing information.
Possible measures include protecting the identity of the
interviewee (within the parameters of the law and the rights of
the defense guaranteed under international fair trial standards),
physical protection, relocation and placement in an effective
witness-protection program.
87. An effective witness-protection program is essential for some

investigations, and should be in place before the investigation
begins. This includes reliable and durable protection for
witnesses
SAN SEBASTIAN at risk, including
COLLEGE the secure management of personal
RECOLETOS-MANILA
information, and legal and psychological support both during
and after the investigation and any judicial proceedings. States
should ensure that the authorities in charge of witness protection
should in no way be involved in the alleged death.
In comparison, as to the first category which is the right to investigation,
both international laws and domestic laws provide for valuing of dignity of every
human person and guarantees full respect for human rights. However, the
domestic laws on the right to investigation process did not provide a rule that it
must conduct an accountability process, aiming for immediate and speedy trial.
Domestic proceedings did not elaborate its investigation process nor provided a
special mechanism for serious crime like international crime. Second, as to the
witness protection, domestic proceedings did not provide for a special witness
protection program, wherein a number of risk assessment are conducted before
engaging with any witness. Lastly, in domestic proceeding, reparation is limited

62
to restitution and compensation, while in Minnesota Protocol’s provision on
reparation include accountability and remedy, restitution, compensation,
rehabilitation, guarantees of non-repetition and satisfaction.
4.4 Examining the Effectiveness of ICC (Theory and Practice)
Now that domestic proceedings are found to be inadequate to prosecute
SAN
extrajudicial SEBASTIAN
killing, COLLEGE
the possible solutionRECOLETOS-MANILA
suggested is to seek for the intervention
of international mechanism. It is noteworthy to test the effectivity of international
court when it comes to prosecuting international crime.
This section evaluates whether the ICC indeed has a capacity to reduce
serious crimes, promote greater respect for human rights, uphold peace and bring
perpetrators to justice.
4.4.1 The Potential of the ICC Prosecution
Many law scholars have identified that ICC lacks the necessary
infrastructure, such as a dedicated police force to arrest individuals indicted for
crimes under its jurisdiction. Thus, for purposes of discussion, this chapter
focuses on the issue of effectiveness of ICC in prosecuting serious crimes using
Jo & Simmon’s experiment and Nala Ali’s experiment.

63
The ICC’s task is said to be inherently difficult: to prosecute state actors,
including agents, heads of the state over which international institutions
traditionally have scant authority. Its goal is said to be simple: to reduce egregious
human rights violations against civilians.125
Whether ICC can deter serious crimes by raising the risk of punishment,
the scholars specified two broad channels of deterrence: prosecutorial deterrence
and social deterrence.126 Prosecutorial deterrence refers to the omission of a
criminal act out of fear of sanctions resulting from legal prosecution. People are
SAN
increasingly SEBASTIAN
likely COLLEGE
to be deterred from RECOLETOS-MANILA
violating the law when the chances and
severity of a legal sanction, such as a fine, incarceration, or capital punishment,
increases. As such, law violation is a function of prosecution and sentencing; as
the risk of more severe penalties is perceived to work via anticipated legalized,
court-ordered punishment while social deterrence results from extra-legal social
costs associated with law violation. These channels were used as a framework that
views the propensity to commit a crime as a function of the likelihood of getting
caught and the cost of punishment, broadly understood, and whether that potential
perpetrators are aware of and can risks, costs, and benefits and update their
assessment over time.127
125
Jo, H., & Simmons, B. (2016). Can the International Criminal Court Deter Atrocity?
International Organization, 70(3), 443-475. Available at:
www.jstor.org/stable/24758127
126
Id.
127
Ibid., p.446
64
The first model that the researcher utilized is Nada Ali’s Game Theoretic
approach. She used tools of game theory to formulate propositions about the
possible effects of the ICC on the behavior of regime leaders, a limited
scholarship emerged to lend a much-needed formalization to existing arguments
in the field.128 Ali’s asymmetric leniency programs can be utilized in the fight
against atrocities and war crimes not just to promote deterrence but also to
enhance the fact-finding function of international criminal institutions. In the
event the retaliation punishment meted out by the leader for betraying the
SAN
organization is SEBASTIAN
severe, the COLLEGE
reduction RECOLETOS-MANILA
in punishment offered to cooperating
subordinates should be generous enough to offset the retaliation of punishment.
She suggests that pre-arrest bargaining may be a viable option for securing the
arrest of political spoilers. Leaders may choose to approach the Court to self-
surrender whenever the possibility of insider reporting makes regime change more
likely. The thesis, if empirically verified, suggests that ICC should refrain from
prosecuting opposition groups in situations where the government leaders face
suspected gross violations of human rights.
Second, Jo and Simmon’s Model. It viewed that the prosecutorial
deterrence is only possible only if the court’s existence and actions raise the
perceived likelihood that an individual will be tried and punished. In relation to
the ICC’s power to investigate is dependent on State’s willingness to carry out the
investigation and prosecution. Thru complementarity principle, it bolsters the

128
Ali, N. (2014). The Effects and Effectiveness of the International Criminal Court: A
Game-Theoretic Analysis. University of East Anglia, UEA Law School
65
ICC’s prosecutorial deterrence to the extent that it creates incentives for states to
129
strengthen their own legal capacities. Social deterrence, on the other hand,
when community norms are challenged in a clear way, i.e., ICC’s actions or
statements, there is significant potential for a social reaction to law violations.
Furthermore, experimental research suggests that potential offenders are often
deterred from violating the law more as a result of the anticipated social response
that the likelihood of prosecution and punishment by formal legal processes. The
study shows that law violation in the presence of ICC authority crosses a fairly
bright line SAN SEBASTIAN

that the COLLEGE
international RECOLETOS-MANILA
community as a whole value and therefore has an
interest in maintaining.
To support this, Dancy and Sikkink, in relation to prosecutorial deterrence,
showed that when states ratify human rights treaties that require them to prosecute
violators, states are in fact more likely to hold domestic trials. Moreover, it is
possible that some states adopt ICC-statutes in their national laws without
intending to improve their criminal justice systems.130
To conclude Jo and Simmon’s research, by using prosecutorial and social
deterrence empirical analysis, study shows that ICC interventions are powerful
because they are part of a package of efforts to rally support for ending impunity.
129
Office of the Prosecutor. 3rd Report of the Prosecutor of the International Criminal
Court to the UN Security Council Pursuant to UNSCR 14539 (2005). The Hague,
The Netherlands: ICC.
130
Grammer 2004; Kleffner 2008; and Dancy and Sikkink 2012 show that states that
ratify international treaties related to criminal responsibility, including the Rome
Statute, tend to initiate human rights prosecutions, compared with those without
such ratification. Dancy and Montai 2014 provide evidence that ICC
investigations led to more domestic human rights prosecutions and guilty verdicts
in forty-six African states between 1999 and 2011.
66
Evidence shows that the ICC’s determination to investigate and issue warrants has
contributed to the reduction of violence by convincing even some types of rebel
leaders that impunity is a waning option.
4.4.2 The Present ICC
At present, ICC enjoys 123 member countries. Scholars said that the court
faces many challenges in its day-to-day operations, such as gathering evidence
SAN SEBASTIAN
and conducting COLLEGE RECOLETOS-MANILA
quality fact-finding but its willingness to prosecute has
contributed to perceptions that impunity for egregious crimes against humanity is
a diminishing option. The evidence suggests that this role has potential to save at
least few lives in some of the most violent settings in recent decades.131
Using the model, the effectiveness of the International Criminal Court can
be measured based on how they carry out its task to resolve international crime. 132
Currently, the performance of ICC is said to be progressive. First, by looking at
the pending warrants of arrest, their investigations have successfully targeted state
actors.133 The ICC has prosecuted many international crimes. It is thus submitted
that this one-sided investigation and prosecution hugely impacts on the execution
131
Ibid., p.470
132
Ford, S., (2014) Complexity and Efficiency of the International Criminal Court, Emory
International Law Review. Available at: https://law.emory.edu/eilr/content/volume-
29/issue-1/articles/complexity-efficiency-international-criminal-
courts.html#section-4438cd33e814626b1cfb3832fd4d7b87
133
Uganda Army Accused of Karamoja Torture Abuses, BBC NEWS AFRICA, Aug. 17,
2010, http://www.bbc.co.uk/news/world-africa-10996764.
67
of the warrants of arrest to state actors, government officials who are perpetrators
of international crime.134 The investigation in Kenya, DRC and Sudan shows the
performance of ICC are successful in prosecution of international crime despite
many challenges surrounding it.135 Thus, ICC has the potential to fight against
atrocities and war crimes by securing arrest of political spoilers.
4.5 Summary
This SAN SEBASTIAN

chapter COLLEGEthe
has demonstrated RECOLETOS-MANILA
inadequacy of the domestic law on
extrajudicial killing cases vis-à-vis international standards. Following the
demonstration, a test has been made to check the potential of international court to
prosecute international crime. By analyzing the benefit of prosecutorial
deterrence, it suggests that ICC has the potential to fight against atrocities and war
crimes.
134
Id.
135
Phooko, Moses Retselisitsoe (2011) "How Effective the International Criminal Court
Has Been: Evaluating the Work and Progress of the International Criminal Court,"
Notre Dame Journal of International & Comparative Law: Vol. 1: Iss. 1, Article 6.
Available at: http://scholarship.law.nd.edu/ndjicl/vol1/iss1/6
68
Chapter 5
DISCUSSION AND RECOMMENDATION
This research determined whether or not the laws in the Philippines
adequately afford the extrajudicial killings’ victims the rights and safeguards that
they ought to be guaranteed of in conformity with international standards, with
the proposition for the negative. This chapter includes a discussion of major
findings related to the procedural rights of extrajudicial killings’ victims in both
international and domestic spheres, discourse and categorical analysis of each
governing laws and recognized principles. Finally, this study concludes with a
recommendation and discussion of the limitations of the study, areas for future
research, and a brief summary.
5.1 Evaluation
The adequacy of the laws which afford extrajudicial killings’ victims their
rights was examined by determining and comparing the existing international and
domestic laws. Again, the following questions were posed:
How do the domestic laws and international laws regard extrajudicial
killing?
69
Do the laws in the Philippines adequately afford extrajudicial killings’
victims the rights and safeguards that they ought to be guaranteed of?
Do these laws comply to the standard human rights set by other
international body such as Universal Declaration on Human Rights,
International Covenant on Civil and Political Rights and other international
agreement?
In SAN
case SEBASTIAN COLLEGE
of inadequacy RECOLETOS-MANILA
in legislative and other measures available for
extrajudicial killings’ victims, how will they be able to receive adequate legal
remedies?
The scope of evaluation is limited only to the following categories 1)
effectiveness of investigation 2) witness protection 3) remedy for the victims.
The international law, United Nations Minnesota Protocol is used as a comparator
to test the adequacy of domestic proceeding.
5.1.1 Rights Guaranteed by International Law
Extrajudicial killing is regarded as an international crime. International
law prohibits the arbitrary deprivation of life which includes extrajudicial

70
killing.136 The right to life is protected by a number of international treaties, in
particular: The Universal Declaration of Human Rights (1948); The International
Covenant on Civil and Political Rights (1966); The Geneva Conventions (1949);
The European Convention on Human Rights (1950); The American Convention
on Human Rights (1969) ; and The African Charter on Human and Peoples’
Rights (1981).
The United Nations has set international guidelines for the investigation of
suspicious deaths, such extra-legal execution.

United Nations Minnesota Protocol provides a number of investigation
mechanisms, particularly protection for the evidence, witness, and police
investigation. Thus, by comparing the prosecution process of the Philippines to
International standards on prosecuting international crime, it can be drawn that:
(1) The investigation process, once there is suspicious death anywhere, as
provided by the Minnesota Protocol, provides immediate and speedy trial,
specifically, it requires investigation to be prompt, impartial and effective.
Accordingly, these are the keys to ensuring a culture of accountability – rather
than – impunity. (2) In specific circumstances, a State may establish a special
mechanism such as commission of inquiry or another transitional justice
mechanism. This Protocol values investigations and, if appropriate, subsequent
accountability processes. It ensures that perpetrators will be held responsible for
136

71
the commission of alleged international crime. (3) Moreover, the prosecution
process of the Minnesota Protocol values the sensitivity of handling evidence. It
provides a comprehensive and shared platform for forensic investigators,
pathologists, law enforcement officials, lawyers, prosecutors, presiding officers
and NGOs to make accountability a worldwide reality. (4) Lastly, Minnesota
Protocol provides for full reparation which includes restitution, compensation,
rehabilitation, guarantees of non-repetition, and satisfaction. Satisfaction includes
government verification of the facts and public disclosure of the truth.
5.1.2 Rights Guaranteed Per Existing Domestic Laws
“Extrajudicial killing in the domestic law, by their nature and purpose,
constitutes State or private party violation of the constitutional rights of
individuals to life, liberty and security. Domestic proceedings concerning extra-
legal killing are: Rule on the Writ of Amparo, R.A. 9851 or the "Philippine Act
on Crimes Against International Humanitarian Law, Genocide and Other Crimes
Against Humanity, and Administrative Order 35 or formulation of Inter-Agency
Committee (IAC) on Extra-Legal Killings providing Operational Guidelines on
investigation mechanism.
The aforementioned domestic laws, with suppletory application of the
Revised Penal Code, were consulted to compare with Minnesota Protocol. The
72
rights guaranteed per existing domestic laws are thoroughly summed to three
categories (3): right to investigation, witness protection and remedy, and
reparation. These are enumerated in Chapter 4 and were examined to identify the
standards provided for the domestic setting.
For extra judicial killings’ victim, an amparo petition is focused on
production orders. Amparo is therefore a means to firm up evidence on the
perpetrators of the extra judicial killings. However, Human rights lawyers must be
able to prepare well the basis for the production order to ensure that specific
documentsSAN
that SEBASTIAN COLLEGE
may lead to the identity RECOLETOS-MANILA
of the perpetrator are unearthed through
amparo.137 Section 17 requires that the public official must prove “that
extraordinary diligence was observed in the performance of duty.” Blanket
denials without the corresponding diligence to investigate the killing or
disappearance are unacceptable under the rule. Since there is no presumption of
regularity, the respondent public officials must prove through evidence that their
acts were indeed regular rather than placing the burden of proving the
‘irregularity’ on the complainants.138
Another domestic law which deals with extrajudicial killing is the R.A
9851. It is said that this is the first national statute which defines and penalizes
"the most serious crimes of concern to the international community as a whole" --
namely, war crimes, genocide, and other crimes against humanity. It generally
137
Colmenares, N., June 6-10 2009. The Writ of Amparo as Mechanism to Curb impunity,
IADL Congress, Hanoi.
138
Id., p. 7
73
brings this national law into conformity with international standards as well as up-
to-date with important developments in international law. It allows the Philippines
to ably prosecute war crimes, genocide, and crimes against humanity for the
simple reason that there is no domestic law defining and penalizing these serious
international crimes. However, nowhere in the said statute did specifically define
extrajudicial killing as an international crime.
Atlas, for the investigation of extrajudicial killings, Administrative Order 35
has provided an Inter-Agency Committee (IAC) on Extra-Legal Killings to
provide anSAN SEBASTIAN

investigation COLLEGE RECOLETOS-MANILA
mechanism. However, its task is limited only on
monitoring the progress of all inventoried cases and thus not suffice the adequate
legal remedy afforded to extrajudicial killings’ victims.
In sum, the totality of the domestic laws on investigation process did not
provide a rule to conduct accountability process, aiming for immediate and
speedy disposition of cases. Domestic proceedings did not elusively elaborate
investigation process nor provided a special mechanism for serious crime like
international crime. Furthermore, domestic proceedings did not provide for a
special witness protection program, wherein a number of risk assessments are
conducted before engaging with any witness. Lastly, in domestic proceedings,
reparation is limited to restitution and compensation, while Minnesota Protocol’s
provision on reparation include accountability and remedy, restitution,
compensation, rehabilitation, guarantees of non-repetition and satisfaction
including public apology.

74
It is however important to note that the differences as to the scope and
extent of each category as provided in domestic laws result from the manifest
insufficiencies observed, aggravated by circumstances outside the legislative
scope such as the proper enforcement and administration of these existing rules.
5.2 Recommendation
It is said that serious crime is never static. It keeps worsening, killing

SAN
people. For theSEBASTIAN COLLEGE
norms of human RECOLETOS-MANILA
rights to have real impact, there has to be
tangible responses to potential violations. It can be observed that the State is
really in need of transparency in statistical data on the number of investigations
concerning extrajudicial cases.139 Hence, this study proposes plausible solution
targeting the State’s and the International Criminal Court’s problem on
prosecuting extrajudicial killing cases.
5.2.1 Solving the State’s Problem
This paper has drawn a conclusion that it is impossible to prosecute
extrajudicial killing in an efficient and effective manner, in accordance with
international standards, without seeking the international mechanism. May it be in
139
See discussion in (Chapter2)
75
the United Nations, or other treaty, the State needs to comply with its obligation
to promote human rights.
First, to conclude, enforcement of laws for extrajudicial killing cases
cannot be done within the domestic sphere alone. Considering the gravity and
nature of offense, it requires intervention of international mechanism. To enhance
the Philippine criminal justice system for extrajudicial killings cases, the
researcher proposes the following:
a) Adopt the recommendations of International Association of
SAN SEBASTIAN
Democratic COLLEGE
Lawyers RECOLETOS-MANILA
and concerned agencies that the State should
fully cooperate with the United Nations and its Council mechanisms to
remedy all human rights violators.140
b) Immediately take measures to prevent and remedy extrajudicial
killings and conduct independent, impartial investigations in
accordance with the Minnesota Protocol.141
140
United Nations. (2019). Annual Report of the United Nation High Commissioner for
Human Rights and reports of the office of the High Commissioner and the
Secretary-General.42nd session, Geneva. Joint written statement* submitted by
Lawyers' Rights Watch Canada, Lawyers for Lawyers, International Association
of Democratic Lawyers (IADL), nongovernmental organizations in special
consultative status, and Asian Legal Resource Centre, non-governmental
organization in general consultative status. Available at:
https://www.lrwc.org/ws/wpcontent/uploads/2019/09/Philippines.HRC42.Written.
G1924809.pdf
141

76
Second, the process of prosecuting extrajudicial cases should be reviewed
and should comply to international standards. The Congress should consider Anti-
EJK specifically defining and providing penalty for extrajudicial killing cases.
Third, the power to withdraw from a treaty must be reviewed by the
Legislative and Judicial department.
Furthermore, this study attempts to at least address the chasm between the
effect of prosecuting international crime with the ICC and being outside its
jurisdiction. The study shows that there is indeed a negative implication when the
State is a party to treaty, sans ICC. The study enumerated the following
advantages of being a State party to the ICC: a) potential decrease in the number
of serious crimes to be resolved by domestic courts. b) compliance with
international standards promoting human rights and clear trend in the
jurisprudence of jus cogens crimes towards a greater assumption by international
courts and tribunals of a duty to protect individual fundamental human rights, and
c) prevention of future atrocities.
5.2.2 Solving the International Criminal Court’s Problem
The theoretical model advanced in this thesis is that ICC should be allowed to
prosecute crimes within its jurisdiction even in the absence of complementarity.

77
Using the leniency program and prosecutorial deterrence, and arbitration
mechanism, an investigation should be conducted if there is reasonable basis that
a crime has been committed. The researcher has developed a model which can
address the problem in prosecuting international crimes.
Speedy International Complaint Program seeks to provide speedy trial
for extrajudicial cases by adopting a leniency program proposed by Ali and the
prosecutorial deterrence model proposed by Jo and Simmon. Thus, this thesis
proposes a solution for the International Criminal Court to have jurisdiction on

crime within jurisdiction.
Speedy International Complaint Program provides an exception to
complementarity principle of the ICC. The research suggests that
complementarity rule be waived if the following requisites are present:
1) That there is an international crime committed which the ICC
has jurisdiction. This crime has reported a killing of not less than 1,000
people in relation to war crime, crimes against humanity and genocide as
defined in Chapter 2.
2) There is exhaustion of domestic remedies made by the
complainant.
3) That there is no pending application to other international
procedures such as the United Nations and other international bodies.

78
4) There is a verified report coming from the State’s Commission
of Human Rights of the State’s inaction to prosecute international crime.
5) The court, shall, after providing a specific period where in it can
address the initial complaint filed by the government agency, such as but
not limited to the Commission on Human Rights, Human Rights Defender,
and other group, thereby took no action and did not make any report, shall
conduct assume jurisdiction on the case filed.
SAN SEBASTIAN
Indeed, COLLEGE
laws for extrajudicial RECOLETOS-MANILA
killing may be enacted, but if there is no
teeth or effectiveness in their enforcement, gross human rights violations will
continue. Data show that deaths due to extrajudicial killings are approaching
13,000 and a projected body count of 60,000 or more are to be expected at the
close of the Duterte administration in 2022, 142 thus preventing future bloodshed
must be of paramount concern to the international legal community.
This thesis provides preliminary and counter-intuitive theoretical
pronouncements which need to be verified by further studies, elaborations,
experiments supported by future study and theory, models and appropriate
empirical investigations on how to effectively prosecute extrajudicial killing cases
in the Philippines in accordance with international standards.
142
Murdoch, L., It’s Unacceptable Children are Deemed Collateral
Damage in Duterte’s War on Drugs, Sydney Morning Herald, 2017 August
27Available at: https://www.smh.com.au/world/its-unacceptable-children-are-
deemed-collateral-damage-indutertes-war-on-drugs-20170824-gy305e.html.
79
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Bill No. 9199, 18th COLLEGE
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th st
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Ed., cited in Pangalanan, R.. (2017). Enforcing Liberty And Prosperity
Through The Courts Of Law: A Shift In Legal Thought From
Juridification To Judicialization, A Paper For The Foundation For Liberty
And Prosperity.
Ford, S., (2014) Complexity and Efficiency of the International Criminal Court,
Emory International Law Review. Available at:
https://law.emory.edu/eilr /content/volume-29/issue-1/articles/complexity-
efficiency-international-criminal-courts.html#section-
4438cd33e814626b1cfb3832fd4d7b87
International Service for Human Rights. (2016). Model National Law on the
Recognition and Protection of Human Rights Defenders. Available at:
https://academy.ishr.ch/upload/resources_and_tools/ishr_Model_Law_for
_the_recognition_and_protection_of_human_rights_defenders_en.pdf.
Jo, H., & Simmons, B. (2016). Can the International Criminal Court Deter
Atrocity? International Organization. Available at:
www.jstor.org/stable/24758127
Phooko, Moses Retselisitsoe (2011) "How Effective the International Criminal
Court Has Been: Evaluating the Work and Progress of the International
Criminal Court," Notre Dame Journal of International & Comparative
Law: Vol. 1: Iss. 1, Article 6. Available at: http://scholarship.law.
nd.edu/ndjicl/vol1 /iss1/6
Smeallie. A.N., (2019) Punishing The Punisher: The Role Of The International
85
Criminal Court In Ending Duterte’s “War On Drugs” University James

E. Beasley School of Law: available at: https://sites.temple.edu/ticlj/
files/2019/05/33.1_Smeallie_Article6.pdf
Newspaper Articles
Lozano, T. Roque: Police can’t define EJKs. Philstar. 1 November 2017.

Available at: https://www.philstar.com/headlines/2017/11/01/1754593/
roque-police-cant-define-ejks
Buan, Senate Bets Push for Body Cams, Anti-EJK Law to Stop Killings, Rappler
News. February 24, 2019. Available at: https://rappler.com/nation/
elections/senate-bets-police-body-cameras-anti-ejk-law-stop-killings
Nestor, C., “Duterte: Drug War to Remain ‘Relentless and Chilling’,” Inquirer
News. July 2018. Available at: https://newsinfo.inquirer.net/1013351/
duterte-drug-war-will-be-relentless-and-chilling.
Uganda ArmySANAccused
SEBASTIAN COLLEGE
of Karamoja RECOLETOS-MANILA
Torture Abuses, Bbc News Africa, Aug. 17,
2010, http://www.bbc.co.uk/news/world-africa-10996764.
Murdoch, L., 2017 August 27, It’s Unacceptable Children are Deemed Collateral
Damage in Duterte’s War on Drugs, Sydney Morning Herald, Available
at: https://www.smh.com.au/world/its-unacceptable-children-are-deemed-
collateral-damage-indutertes-war-on-drugs-20170824-gy305e.html.
Thesis
Ali, N. (2014). The Effects and Effectiveness of the International Criminal Court:
A Game-Theoretic Analysis. University of East Anglia, UEA Law School
Social Media
Locsin Jr. T., Probing the Killing. Twitter. 14 July 2019. Available at:
https://twitter.com/teddyboylocsin/status/1149665318165291013/.
86
Annex A
Republic of the Philippines

HOUSE OF REPRESENTATIVES
Quezon City
EIGHTEENTH CONGRESS OF THE)

REPUBLIC OF THE PHILIPPINES )
First Regular Session
SENATE
S.B No. 371 '19 JUL 11 P 2 :36
Introduced by SENATOR LEILA M. DE LIMA
AN ACT DEFINING EXTRAJUDICIAL KILLING, PROVIDING

FOR ITS PENALTY AND OTHER 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 "Anti-Extrajudicial

Killing Act of 2019".
Sec.2. Declaration of Policy. It is hereby declared policy, and legally

binding obligation of the State to uphold and protect the non-derogable human
right to life of all, set forth in various provisions of the Constitution, in Article 3
of the Universal Declaration of Human Rights, and Article 6 of the United
Nations Covenant on Civil and Political Rights and other covenants ratified by the
Philippines.
Sec. 3. Objectives. —
87
a) Define and provide penalty for acts that qualify as extrajudicial killings,
to ensure accountability of state and non-state actors.
b) Address institutional barriers to efficient, independent, and impartial

investigation of extrajudicial killings (EJKs) through specific measures that will
strengthen agencies of government with investigative functions such as the
Commission on Human Rights (CHR), the National Bureau of Investigation
(NBI), and Philippine National Police (PNP).
c) Institutionalize operational intervention guidelines such as but not

limited to arrest, raid, search and seizure, of law enforcement agencies to align
with international human rights standards.
d) Promote human rights of all, and ensure public awareness on the

sanctity of life, respect for the rule of law and established processes, as well as the
corresponding obligation of the public in the maintenance of public order.
Sec. 4. Definition of Terms. —
a) Absolute necessity test — refers to the determination of whether or

not, in the apprehension of suspected criminals, the use of force is
necessary and if in the affirmative, whether or not the use of lethal
force shall be employed. Lethal force involves use of firearms,
other objects and means that can inflict death on a person.
b) Extrajudicial killing (EJK) — refers to the unlawful, and deliberate
killing of targeted individuals or groups thereof, carried out by
agents of the State and under its order or acquiescence in lieu of
arrest, investigation and prosecution. EJK includes summary
killing perpetrated by private individuals for purposes of carrying
out on their own or in the context of vigilantism, a campaign or
policy of the State.
c) Human rights due diligence- refers to the measures and initiatives
undertaken by the State, and its instrumentalities to prevent
arbitrary taking of life through EJK as well as actions to
investigate, punish and prosecute individuals who have committed
the criminal acts.
d) Innocent bystanders — refer to persons who are present during a
law enforcement operation but are not participants to or are
involved in any ongoing criminal acts or in the said operation.
e) Inquiry — refers to the process of examination by the CHR, in the
exercise of its function to monitor human rights due diligence of
government, including the private sector.
88
f) Non-state actors — refer to those who are not formally part of any
agency of government but commit EJK at the behest or
acquiescence of state actors. These include paramilitary groups,
private armed groups and death squads.
g) Police intervention — refers to arrest with or without warrant, raid,
search and seizure. Seizure protocols of the NBI and the PNP, to
ensure that these embody the minimum standards for the
prevention of extra-judicial killing or its investigation.
h) State actors — refer to members of the national police or armed
forces, including government officials and employees in law
enforcement agencies or the military.
Sec. 5. Special Mandates. —
a) CHR — It shall have authority to investigate cases of EJK motu propio

or on complaint by an interested party as set forth in its Rules of
SAN SEBASTIAN
Procedure. COLLEGE
It is likewise RECOLETOS-MANILA
empowered to conduct inquiries on matters that
relate to EJKs. For this purpose and consistent with its constitutional
authority, it is empowered to require services and support of government
agencies in the form of security, shelter, medico-legal, and legal service.
The CHR shall, on its own, subject to availability of resources, provide
protection of witnesses, medical and/or forensic examination, legal
counseling, and temporary shelter.
b) NBI — It shall make its relevant services available to CHR and/or the
PNP in their inquiries or investigation of EJK cases. In carrying out its
own investigations, it shall observe human rights due diligence by
adopting or integrating, in addition to Constitutional restrictions or
safeguards, modalities and standards that aid in securing independent
evidence.
c) PNP — In all Police Intervention Operations (PIOs) such as arrest, raid,
search, and seizure, they shall observe the following minimum standards:
1) In conducting arrest, the arresting officer shall announce his presence
and intent to arrest. Firing of warning shots is absolutely prohibited. The
arresting officer shall take the necessary precautions to ensure the safety
of the arresting team as well as the innocent bystanders.
2) Necessity of force test shall be the principal rule in PIOs. Use of force
when employed shall be proportionate, and shall be allowed only when
there is clear and convincing attempt to evade arrest.
3) Alternative non-lethal incapacitating weapons shall be the primary
tool to effect arrest when there is resistance.
4) It shall be mandatory for the team leader of every PIO, to submit an
after-operation report. The Internal Affairs Service of the PNP shall
maintain a separate reportorial system for cases whereby an individual
89
dies as a result of the police operation. Copies of the report and/or its
latest inventory of cases shall be submitted to the CHR on a quarterly
basis and shall be available whenever the CHR requests or demands it.
5) Except in cases of warrantless arrest, the arresting officers shall
document the arrest with the use of body cameras and similar devices,
which shall be immediately turned over to representatives of the Anti-
EJK Council, as provided in Section 6 of this Act.
Sec. 6. Inter Agency Council Against Extrajudicial Killings. — There is hereby

created an "Inter-agency Council Against Extrajudicial Killings", or "Anti-EJK
Council", with the following composition:
Chairperson: Secretary, Department of Justice

Members:
Secretary, Department of National Defense
Secretary, Department of the Interior and Local Government Executive
Director,
Presidential Human Rights Committee
Director General, Philippine Drug Enforcement Agency
Director General, Philippine National Police
Director, National Bureau of Investigation
Chairperson, Philippine Commission on Women
Chairperson, National Youth Commission
One representative each from two (2) non-governmental organizations

shall be appointed by the President of the Philippines upon the recommendation
of the Council. These representatives shall serve for two (2) years, unless sooner
revoked also upon recommendation of the Council. Appointment of an NGO shall
not be more than once.
The Council shall constitute itself within one (i) month or sooner when this law
takes effect, at the call of the Chairperson.
The CHR, with an observer status, shall participate in all meetings of the Council
for policy development and reform.
Sec. 7. Powers and Functions of the Anti-EJK Council. —
a) Develop plans and programs to achieve the objectives set forth in this law and
coordinate with member-agencies including the CHR for purposes of public
information and advocacy, policy implementation, monitoring, and reportorial;
90
b) Engage with human rights mechanisms here and abroad, including Mandate
Holders, and Special Procedures of human rights organizations for purposes of
developing or strengthening cooperation in the areas of human rights education,
law enforcement, investigation, and access to justice;
c) Recommend ratification of international instruments or cooperation agreements

relating to the legal regime that protects against extra judicial killings; and
d) Function as a clearing house for investigation modules, arrest, search and Sec.
8. Secretariat to the Council. — There shall be a Secretariat to the Council which
shall be headed by an Executive Director to be appointed by the Secretary of
Justice from the list of nominees of the Council.
Sec. 9. Prohibited Acts. — It shall be unlawful for state actors to resort to EJK as
herein defined in furtherance of campaign for public order or in the enforcement
of laws. Killings perpetrated by non-state actors and paramilitary groups in
furtheranceSAN
or SEBASTIAN
in support ofCOLLEGE RECOLETOS-MANILA
government campaign for public order is also
unlawful and prohibited. The Anti-EJK Council shall establish programs and
promulgate measures to ensure that non-state actors who committed EJK are
brought to justice.
Sec. 10. Presumption of Administrative Negligence. — Except in communities

affected by armed conflict, the local chief executive and chief of police shall be
presumed administratively negligent where there is increase in cases of EJK as
determined by CHR.
Sec. 11. Preventive Suspension. In all police interventions, where death of

suspected criminals or innocent bystanders occur by reason of use of lethal
force, the responsible police officer shall automatically be subjected to
investigation and preventive suspension to be carried out by the Internal Affairs
Service of the Philippine National Police. Pending this process, issued firearms
shall be returned by the police officer concerned.
Sec.12. Penalty. The penalty of life imprisonment without the benefit of parole
shall be imposed upon any public officer, person in authority, agent of a person in
authority, or private individual found guilty of EJK as defined herein. Public
officials who fail to prevent, investigate, or file necessary actions in court against
those suspected of having committed EJK shall be administratively liable
according to applicable laws.
Sec. 13. Imprescriptibility. — The prosecution for EJK shall not prescribe.
91
Sec. 14. Compensation for Victims. - The family of the victim of EJK shall have
the right to claim for compensation as provided for under Republic Act No. 7309
or "An Act Creating A Board of Claims Under the Department of Justice for
Victims of Unjust Imprisonment or Detention and Victims of Violent Crimes and
For Other Purposes." Provided, that in no case shall compensation be any lower
than Ten Thousand Pesos (P10,000.00).
Sec. 15. Implementing Rules and Regulations. - Within ninety (90) days from the
effectivity of this Act, the Council shall finalize and promulgate the rules and
regulations for the effective implementation of this Act.
Sec. 16. Separability Clause. - If for any reason, a provision is declared invalid,
other provisions not affected thereby shall remain in full force and effect.
Sec.17. Repealing Clause. - All laws, decrees, executive orders, rules and
regulations contrary to or inconsistent with the provisions of this Act are hereby
repealed orSAN SEBASTIAN
modified COLLEGE RECOLETOS-MANILA
accordingly.
Sec. 18. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in two (2) newspapers of general circulation.
Approved,
92
Annex B
Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
EIGHTEENTH (18th) CONGRESS

First Regular Session
HOUSE BILL NO. 0 161

Introduced by REP. JOSE CHRISTOPHER Y. BEL MONTE

AN ACT DEFINING THE RIGHTS AND FUNDAMENTAL
FREEDOMS OF HUMAN RIGHTS DEFENDERS, DECLARING STATE
RESPONSIBILITIES, AND INSTITUTING EFFECTIVE MECHANISMS FOR
THE PROTECTION AND PROMOTION OF THESE RIGHTS AND
FREEDOMS

Be it enacted by the House of Representatives and the Senate of the
Congress of the Philippines in session assembled:

CHAPTER I
PRELIMINARY PROVISIONS
SECTION 1. Short Title. — This Act shall be known as the
"Human Rights Defenders Protection Act.“
SEC. 2. Declaration of Policy. — It is hereby declared the policy
of the State:
a. To value the dignity of every human person and to recognize,
respect, protect, promote and fulfill the rights and fundamental
freedoms of persons, individually or in association with others,
regardless of race, ethnicity, color, sexual orientation and gender
93
identity, language, religion, political or other opinion, national or

social origin, property, birth or other status;
b. To give highest priority to the implementation of legislative
enactments, executive issuances and judicial decisions that
guarantee respect, protection, promotion and fulfillment of human
rights and fundamental freedoms;
c. To provide access to legal remedies and reparative measures
including monetary compensation and psychosocial
accompaniment and rehabilitation to human rights violations
victims;
d. To fully and strictly adhere to the principles and standards on
human rights and fundamental freedoms set by the Constitution and
international human rights instruments including the:
1. Universal Declaration of Human Rights (UDHR);

SAN SEBASTIAN
2. Declaration COLLEGE
on the Right RECOLETOS-MANILA
and Responsibility of Individuals, Groups and
Organs of Society to Promote and Protect Universally Recognized Human
Rights and Fundamental Freedoms (Declaration on Human Rights
Defenders);
3. International Covenant on Civil and Political Rights (ICCPR);
4. International Covenant on Economic, Social and Cultural Rights
(ICESCR);
5. Convention against Torture and other Cruel, Inhuman or Degrading
Treatment or Punishment (CAT);
6. Convention on the Elimination of all Forms of Discrimination against
Women (CEDAW);
7. Convention on the Rights of the Child (CRC);
8. International Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families (CMW);
9. Convention on the Rights of Persons with Disabilities (CRPD);
10. International Convention for the Protection of All Persons from Enforced
Disappearance (CPED);
11. Declaration on the Rights of Indigenous Peoples, and
12. Other universal treaties, comments and resolutions.
SEC. 3. Construction in Favor of Human Rights Defender & — All

provisions of this Act shall be construed to achieve its objectives. All doubts in
the implementation and interpretation of these provisions shall be resolved in
favor of the human rights defender.
SEC. 4. Definition of Terms. — As used in this Act, the following terms

shall mean:
94
a. Human Rights and Fundamental Freedoms refer to rights or entitlements

inherent in all human persons and freedoms recognized in or declared by
international and regional human rights instruments and customary
international law and by national laws that are consistent with the said
instruments and law;
b. Human Rights Defender refers to any person who, individually or in
association with others, acts or seeks to act to protect, promote or strive
for the protection and realization of human rights and fundamental
freedoms and welfare of the people, at the local, national, regional, and
international levels;
c. Human Rights Organization refers to a group, organization or association
in the local, national, regional or international level, whether formal or
informal, that strive for the protection of human rights and fundamental
freedoms and welfare of the people;
d. Government Agency refers to any department, bureau, office or unit of the
National Government, or any of its branches and instrumentalities, or any
SAN SEBASTIAN
political subdivision, COLLEGE
as well asRECOLETOS-MANILA
any government-owned or controlled
corporation, including its subsidiaries, or other self-governing branch,
commission or council of the Government, to include but not be limited to
any grouping of the Armed Forces of the Philippines, Philippine National
Police or other state security forces, including military or police force
multipliers.
e. Superior Officer refers to mean the next government official who has
supervisory powers or control over the head of the government agency to
whom the subject head reports and shall include but not limited to the
President, Department Secretaries, Chief of Staff of the Armed Forces of
the Philippines, the Commanding General or Rear Admirals of any service
in the Armed Forces of the Philippines or the Director General of the
Philippine National Police;
f. Intergovernmental Organization refers to an organization established
through a treaty or other treaties and mechanisms in pursuit of common
issues, concerns and interests;
g. Public authority refers to any person or body performing a function of a
public nature that is conferred or imposed by or pursuant to law, by
popular election or appointment or delegated, contracted by a
governmental authority or agency;
h. Intimidation or Reprisal refers to any form of violence, threat, retaliation,
de facto or de jure adverse discrimination, pressure, judicial harassment,
or any other arbitrary or abusive action or threat related to a person's
status, work or activity as a human rights defender, including proposed,
attempted, or imputed work or activity directed at the: (i) human rights
defender; (ii) the human rights defender's associate(s);(iii) a legal or other
representative of the human rights defender appointed to conduct his or
95
her affairs or to otherwise act on his or her behalf; (iv) a family member or
relative of the human rights defender up to fourth degree of consanguinity
or affinity, and includes common law relations; (v) a group,
association, organization, community or network, whether formal or
informal, with which the human rights defender is associated; (vi) or the
home, property or possessions of the human rights defender or any of the
other persons or entities in items (ii) to (vi).
CHAPTER II
RIGHTS AND FREEDOMS OF HUMAN RIGHTS DEFENDERS
SEC. 5. Right to Promote and Protect Human Rights and Fundamental

Freedoms. –
Everyone has the right, individually and in association with others, to promote
SAN
and to strive forSEBASTIAN COLLEGE
the protection RECOLETOS-MANILA
and realization of human rights and fundamental
freedoms at the local, national, regional and international levels.
SEC. 6. Right to Form Groups, Associations and Organizations. -

Everyone, individually or in association with others, has the right to form, join, or
associate with and participate in local, national, regional, or international
organizations, whether formal or informal and whether registered or unregistered,
for the purpose of promoting and striving for the protection and realization of
human rights and fundamental freedoms.
SEC. 7. Right to Solicit, Receive and Utilize Resources
(1) Everyone, individually or in association with others, has the right to solicit,
receive and utilize resources, from domestic and international organizations,
including governmental, intergovernmental, philanthropic and private sources, for
the express purpose of promoting and striving for the protection and realization of
(2) In pursuance of the right in subsection (1), subject to the provisions of existing
laws and consistent with provisions of this Act, freezing, sequestration or seizure
by any bank or financial institution of the fund solicited from and released by the
source is hereby prohibited.
SEC.8. Right to Seek, Receive and Disseminate Information. — (1)

Everyone, individually or in association with others, has the right:
96
a. To know, seek, access, obtain, receive and hold information about all human
rights and fundamental freedoms, including information regarding how these
rights and freedoms are given effect in the legislative, judicial and administrative
systems;
b. To know, seek access, obtain, receive and hold such information from
business enterprises and other private actors as may be necessary for
exercising or protecting, or assisting to exercise or protect human rights or
fundamental freedoms;
c. To freely publish, impart or disseminate to others views, information and
knowledge on all human rights and fundamental freedoms;
d. To study, discuss, form and hold opinions on the observance, both in law
and in practice, of all human rights and fundamental freedoms and,
through these and other means, to draw public attention to these matters.
(2) The right in subsection (1) may be exercised orally, in writing, in print, in the
form of artSAN SEBASTIAN
or through COLLEGE
any other RECOLETOS-MANILA
media, whether online or offline.
SEC.9. Right to Develop and Advocate for Human Rights Ideas. —

Everyone, individually or in association with others, has the right to develop and
discuss new ideas and principles which relate to human rights and fundamental
freedoms, and to advocate their acceptance.
SEC.10. Right to Communicate with Non-governmental, Governmental

and Intergovernmental Organizations. — Everyone, individually and in
association with others, has the right to freely communicate with non-
governmental, governmental and intergovernmental organizations, including
subsidiary bodies, mechanisms or experts with a mandate relevant to human rights
and fundamental freedoms, as well as with diplomatic representations.
SEC.11. Rights Against Vilification. — A person, individually and in

association with others, has the right against any act of false labeling or name
calling, or of malicious and fabricated accusations against him or her of any
offense, or from any other kind of vilification.
SEC. 12. Right to Access, Communicate and Cooperate with

International and Regional Human Rights Bodies and Mechanisms. — In
accordance with applicable international instruments and procedures, everyone,
individually or in association with others, has the right to unhindered access to
and to communicate and cooperate with international and regional human rights
bodies and mechanisms, including treaty bodies and special procedures or special
rapporteurs.
97
SEC.13. Right to Participate in Public Affairs. — (1) Everyone,

individually or in association with others, has the right to participate effectively in
the conduct of public affairs, including participation on a non-discriminatory basis
in the government regarding human rights and fundamental freedoms. (2) The
right referred to in subsection (I) includes the right:
a. To submit to any public authority, or agency or organization

concerned with public affairs, criticism on or proposals for improving
its functioning with respect to human rights and fundamental
freedoms;
b. To make recommendations to any public authority regarding
legislative or regulatory changes relating to human rights and
c. To draw to the attention of any public authority any aspect of its work
that may hinder or impede the promotion, protection and realization of
human rights and fundamental freedoms;
d. SAN SEBASTIAN
To call COLLEGE
the attention RECOLETOS-MANILA
of any public authority to any action or omission
by any actor, private or public, that may involve or contribute to a
violation of human rights or fundamental freedoms; and
e. To freely publish, impart or disseminate to others any information
submitted to any public authority in the exercise of the rights set out
in this Chapter.
SEC. 14. Right to Peaceful Assembly. — (1) Everyone, individually or in

association with others, has the right to meet or assemble peacefully as well
as to participate in peaceful activities concerning human rights and fundamental
freedoms, free from interference that is arbitrary or unlawful by public authorities
and private actors, at the local, national, regional or international level. (2) The
right referred to in subsection (1) includes the right to plan, organize, participate
in and disseminate information regarding peaceful activities concerning human
rights and fundamental freedoms, including demonstrations, protests, seminars
and meetings, whether conducted in a public or private place.
SEC. 15. Right to Represent and Advocate. — (1) Everyone, individually

and in association with others, has the right to assist, represent or act on behalf of
another person, group, association, organization or institution in relation to the
promotion, protection and exercise of fundamental rights and freedoms, including
at the local, national, regional and international levels. (2) The right referred to in
subsection (1) includes the right:
a) To complain about the policies and actions of public authorities with

regard to violations of human rights and fundamental freedoms, by
petition or other appropriate means, to domestic judicial, administrative or
98
legislative authorities or any other competent authority e.g. Commission

on Human Rights, the Ombudsman
b) To offer and provide professionally qualified legal counsel, paralegal, or
other relevant advice and assistance in defending human rights and
c) To attend public hearings, proceedings and trials so as to form an opinion
on their compliance with national law and human rights and fundamental
freedoms; and
d) To submit communications and information of the type referred to in
Section 10.
SEC. 16. Right to Freedom of Movement. -(1) A person who is lawfully

within the territory, or subject to the jurisdiction of the Philippines shall, within its
territory or place of jurisdiction, have the right to liberty of movement and
freedom to choose his or her residence and shall have the right to carry out lawful
activities in the entire territory or place of jurisdiction. (2) No one lawfully within
SANterritory
the Philippine SEBASTIAN COLLEGE
shall be expelled,RECOLETOS-MANILA
by means of an individual or a collective
measure, from its territory, wholly or partially, on account of the acts as a human
rights defender. (3) No one shall be deprived of the right to enter or leave the
country on account of one’s status, activities or work as a human rights defender.
SEC. 17. Right to Privacy. —
(1) Everyone, individually or in association with others, has the right to

privacy.
(2) The right referred to in subsection (1) includes the right of a human rights
defender to protect one's privacy through lawful means, including
encryption of personal data, and be free from arbitrary and unlawful
intrusion and interference into one's personal activities including those
concerning one's family, livelihood and place of work, one's
correspondences and possessions, including all digital data pertaining
thereto.
(3) "Intrusion and interference" under subsection (2) includes any form of
surveillance, recording, within the purview of Republic Act No. 4200,
otherwise known as "An Act to Prohibit and Penalize Wire Tapping and
Other Related Violations of the Privacy of Communication, and for Other
Purposes," search and seizure in relation to the legitimate activity or work
as a human rights defender.
(4) The right to privacy extends to groups, organizations or associations.
SEC. 18. Freedom from Intimidation or Reprisal. No person shall be

subjected, individually or in association with others, to any form of intimidation
99
or reprisal on the grounds of or in relation to one's status, activities or work as a

human rights defender.
SEC.19. Right to Establish a Sanctuary for Human Rights Victims and

or their Families. - Any person, individually or in association with others, who
has been subjected to any form of intimidation or reprisal, has the right to
establish sanctuaries for any human rights violation victim and/ or their
immediate families. Said sanctuary shall be considered established if that person
gives confidential notice to the Human Rights Defenders Protection Committee
created under this Act indicating that said place, building or area has been
constituted as a sanctuary.
SEC. 20. Freedom from Defamation and Stigmatization. - No person

shall be subject to any form of defamation, stigmatization, or other harassment,
whether offline or online, and whether by public authorities or private actors, in
connection with one's status, activities or work as a human rights defender.
SEC. 21. Right to Exercise Cultural Rights and to Development of
Personality. - (1) Consistent with Article 18 (1) of the UN Declaration on
Human Rights Defenders, everyone, individually or in association with others,
has the right to the unhindered exercise of the cultural rights in one's activities and
work as a human rights defender and to the free and full development of one's
personality. (2) The right referred to in Subsection (1) includes the right to
challenge and change traditional customs and practices that violate human rights
and fundamental freedoms.
SEC. 22. Right to Effective Remedy and Full Reparation. –
(1) Everyone, individually or in association with others, has the right to an

effective remedy and full reparation, both monetary and nonmonetary, in the
event of a violation of the rights in this Chapter II or a breach of obligations under
Chapter III of this Act.
(2) A person whose rights have been violated or who has been adversely affected
by a breach of obligations has the right to obtain such effective remedy and full
reparation from the appropriate government agency or court of competent
jurisdiction.
(3) A complaint with the competent court or tribunal relating to the violation of
rights under a breach of obligations under Chapter III of this Act may be filed by
the following:
a. a human rights defender;

100
b. an association of the human rights defender;

c. a legal or other representative of the human rights defender appointed to
conduct the affairs of or to otherwise act on behalf of the human rights
defender;
d. a family member of the human rights defender;
e. a group, association or organization with which the human rights defender
is associated;
f. any person acting in the public interest and consistently in pursuit of the
purposes of this Act; or
g. the Human Rights Defenders' Protection Committee.
However, the consent of the victim must first be obtained as much as possible. In
the absence of such consent, the human rights organization or association may
proceed with filing the complaint or petition unless the lack or absence of consent
is based on the threat to the life, liberty or security of the victim or his or her
family.
SEC. 23. Limitation on the Rights of Human Rights Defenders. - In
exercising the rights in Chapter II of this Act, a human rights defender,
individually or in association with others, shall be subject only to limitations that
are prescribed by law, in accordance with international human rights obligations
and standards, are reasonable, necessary and proportionate, and are solely for the
purpose of securing due recognition of and respect for the human rights and
fundamental freedoms of others and meeting the reasonable requirements of
public order and general welfare in a democratic society.
CHAPTER III
OBLIGATIONS OF THE STATE AND PUBLIC AUTHORITIES
SEC. 24. Obligation to Respect, Promote, Protect, and Fulfill the Rights
of Human
Rights Defenders. — Public authorities shall take all necessary measures to

ensure: (I) that the
human rights and fundamental freedoms in Chapter II of this Act are effectively
guaranteed and
protected; (2) that all laws, policies and programs of government are consistent
with the rights in
101
Chapter II of this Act; and (3) that human rights defenders are able to undertake
their activities and
work in a safe and enabling environment free from restriction.
SEC. 25. Obligation to Facilitate the Activities and Work of Human

Rights Defenders. - Public authorities shall take all necessary measures in
accordance with law to facilitate and protect the exercise of the rights in Chapter
II of this Act, which measures include the obligation to:
a. permit and facilitate access to places where persons are deprived of

liberty;
b. permit and facilitate access to places and to information required by
human rights defenders to exercise their rights under
c. provide information about violations of human rights or fundamental
freedoms that may have been committed within the territory or subject to
the SAN SEBASTIAN
jurisdiction, COLLEGE
including RECOLETOS-MANILA
the power or effective control of the State;
d. develop and implement policies and measures to promote, support and
enhance the capacity of human rights defenders to protect and promote
human rights and fundamental freedoms; and
e. publicly recognize the role, function, and activities and work of human
rights defenders as legitimate and important.
SEC. 26. Obligation to Provide Free Access to Materials Relating to

Human Rights and Fundamental Freedoms. — Public authorities shall make
freely available and accessible both offline and online:
a. The Constitution, national laws and regulations.

b. International human rights instruments;
c. Research, studies, reports, data, archives and other information and
materials within the possession of public authorities that relate to human
rights and fundamental freedoms;
d. Government reports and information submitted to international human
rights bodies and mechanisms;
e. Reports and communications of international human rights bodies and
mechanisms involving the country's compliance with international treaty
obligations;
f. Documents and information related to the decisions or activities of the
Commission on Human Rights and other national authorities with
competence in the field of human rights and fundamental freedoms; and
g. All such other information as may be necessary to secure or enable the
exercise of any human right or fundamental freedom under Chapter II or
access to remedy for violation of any such right.
102
SEC. 27. Obligation not to Disclose Confidential Sources. (1) Public

authorities shall not disclose or require disclosure of the identity of sources used
by human rights defenders. (2) Notwithstanding Subsection (1), public authorities
may disclose the identity of sources used by human rights defenders if both the
relevant source and the concerned human rights defender give informed consent
in writing to such disclosure or if so, required by an independent and impartial
tribunal in accordance with international standards.
SEC. 28. Obligation to Prevent and to Ensure Protection from

Intimidation or Reprisal.
— Public authorities shall take all necessary measures to ensure the prevention of,
and protection from any intimidation or reprisal by any other public or private
actor. These shall include protection measures established under pertinent laws.
SEC. 29. Obligation to Penalize Intimidation or Reprisal. - Any public

SAN
authority or SEBASTIAN
private COLLEGE
actor who is foundRECOLETOS-MANILA
guilty of committing intimidation or
reprisal against a person on the grounds of or in connection with his or her status,
work, activities as a human rights defender, shall be subject to penalties as
provided for the appropriate crime or crimes punishable under the Revised Penal
Code, in addition to administrative and/or civil sanctions which take into account
the gravity of the offense upon the discretion of the court or competent authority.
SEC. 30. Obligation to Refrain from Derogatory and Unfounded

Labeling. -- (1) Under no circumstance shall public authorities engage in false,
unfounded and derogatory labeling of human rights defenders including
identifying them as "red," "communist," "terrorist" or "enemies of the State".
(2) Public authorities shall immediately expunge or rectify such labeling as part of
the non-monetary reparation to victims referred to in Section 22 (2) of Chapter II
and Section 34 of Chapter III of this Act.
SEC. 31. Obligation to Ensure Protection from Arbitrary or Unlawful

Intrusion and Interference. - (1) Public authorities shall take extraordinary
diligence to ensure the protection of human rights defenders from arbitrary or
unlawful intrusion and interference into one's personal activities including those
concerning one's family, livelihood and place of work, one’s correspondences and
possessions, including all digital data pertaining thereto. (2) Intrusion and
interference in subsection (1) include any form of surveillance, recording, search
and seizure in relation to any person's legitimate activity or work as a human
rights defender without his or her consent.
103
SEC. 32. Obligation not to Participate in Violating Human Rights and

Fundamental Freedoms. - All public authorities are mandated not to participate,
by acts of commission or omission, in violating human rights and fundamental
freedoms. Subordinate employees have the right and duty to refuse any order
from their superiors to participate in acts that contravene their duty to protect,
uphold and promote human rights and fundamental freedoms, and shall not be
subject to any administrative sanction as a consequence of such refusal.
SEC. 33. Obligation to Conduct Investigation. - Whenever there is

reasonable ground to believe that a human rights defender has disappeared, been
killed, tortured, ill-treated, arbitrarily detained, threatened or subject to a violation
of any of the rights in Chapter II of this Act, whether by a public authority or
private actor, the State must ensure that a prompt, thorough, effective,
independent and impartial investigation is conducted with extraordinary diligence
and is prosecuted under existing applicable laws, including RA 9745, "the Anti-
Torture Act"; RA 10353, the "Anti-Enforced or Involuntary Disappearance Act";
and RA 7438,SAN"AnSEBASTIAN COLLEGE
Act Defining CertainRECOLETOS-MANILA
Rights of Person Arrested, Detained or
Under Custodial Investigation as well as the Duties of the Arresting, Detaining
and Investigating Officers, and Providing Penalties for Violations Thereof’.
Presumption of regularity in the performance of duty by the offending public
authority shall not be invoked.
SEC. 34. Obligation to Ensure Effective Remedy and Full Reparation.

— Public authorities shall take all necessary measures to ensure that an effective
remedy and full reparation are available and provided for violations of the rights
in Chapter II and for breach of the obligations in Chapter III of this Act.
SEC.35. Obligation to Enforce and Institutionalize Command

Responsibility. -Government agencies shall enforce and institutionalize command
responsibility and impose sanctions against errant superior in both military and
civilian agencies as provided under existing laws and executive issuances.
SEC. 36. Obligation to Adopt Human Rights Based Governance. —

Public authorities shall adopt the human rights-based approach to governance and
development, including counter- insurgency and anti-terrorism programs and
policies.
SEC.37. Obligation to Strengthen Protection Program — The

Commission on Human Rights shall strengthen its protection program and
provide a safe place of refuge or sanctuary for high risk human rights defenders
and or their immediate families, more particularly those who have filed formal
complaints against high ranking public authorities.
104
SEC.38. Obligation to Respect the Principle of Non-refoulement. - No

person shall be forcibly returned, expelled or extradited to another State where
there are substantial grounds to believe that the human rights and fundamental
freedoms of the person are in danger of being violated.
SEC. 39. Obligation to Promote and Facilitate Human Rights

Education. — All government agencies shall promote, facilitate and
adequately provide resources on teaching, training and education about human
rights and fundamental freedoms to all persons within the country's jurisdiction.
Teaching, training and education programs shall include information about this
Act and the important and legitimate work of human rights defenders. The
Department of Education (DepEd) and the Commission on Higher Education
(CHED) shall require human rights education as an obligatory curriculum in all
academic institutions, colleges and universities, public or private.
SEC. 40. Diligence Required — Any complaint or report for violation of

SAN
human rights SEBASTIAN
and fundamental COLLEGE
freedom RECOLETOS-MANILA
shall be dealt with and acted upon with
extraordinary diligence by concerned government personnel. Failure to act within
three (3) days from reporting any violation of this Act shall hold the government
personnel criminally, civilly and administratively liable.
CHAPTER IV
THE HUMAN RIGHTS DEFENDERS PROTECTION COMMITTEE
SEC.41. Creation and Composition of the Human Rights Defenders

Protection Committee. — (1) There shall be an independent collegial body to be
known as the Human Rights Defenders Protection Committee, herein referred to
as the Committee, shall be composed of one (1) Chairperson and six (6)
Members. The Chairperson shall be selected by the Commissioners of the
Commission on Human Rights from among themselves in an en banc session.
The six (6) members shall be jointly nominated by two (2) representatives each of
the Philippine Alliance of Human Rights Advocates (PAHRA), Karapatan
Alliance for the Advancement of People's Rights (Karapatan), Free Legal
Assistance Group (FLAG), and the National Union of People's Lawyers (NUPL )
in a meeting called for this purpose, without prejudice to the nominations of other
human rights organizations who have proven track records of probity and
independence. (2) The aforementioned nominees shall be appointed by the
Commission on Human Rights in an en ham session.
(3) The composition of the Committee shall have a balanced gender

representation on the basis of the principles of equality and non-discrimination
and adequate representation of ethnic, cultural and minority groups. (4) The
105
Committee shall be attached to the Commission on Human Rights (CHR) for

administrative and budgetary purposes only.
(5) The Committee shall organize itself within thirty (30) days from the
completion of the selection process of the Chairperson and Members of the
Committee as herein provided in Subsection (1), and shall thereafter organize its
Secretariat.
SEC. 42. Qualifications of the Committee Members. — The Members of

the Committee shall possess the following qualifications:
(1) Of high moral character, recognized probity, competence, and integrity;
(2) Of known independence in making decisions and taking stances on issues and
concerns pertaining to the protection and promotion of human rights and
(3) Must have a deep, thorough and enlightened knowledge and understanding of
human rights and fundamental freedoms and the role, work, and protection needs
of human rights defenders; and
(4) At least two (2) members, including the Chairperson must be members of the
Philippine Bar, who have been engaged in the practice of law for at least seven (7)
years.
SEC. 43. Term of Office. -- The Chairperson and Members of the

Committee shall be designated once for a term of five (5) years only. Of those
first designated, three (3) Members shall serve for five (5) years, two (2)
Members for four (4) years, and the last two (2) Members shall hold office for
three (3) years. Succeeding Chairpersons and Members shall be designated for a
term of not more than five (5) years. Designation to any vacancy shall be only for
the unexpired portion of the term of the predecessor.
SEC. 44. Functions of the Committee. — The Committee shall exercise

the following functions:
a. Protect human rights defenders from intimidation and reprisals;

b. Ensure accountability for acts of intimidation and reprisal;
c. Facilitate and promote inter-agency and inter-department coordination to
prevent, protect from, investigate, and ensure accountability for acts of
intimidation or reprisal;
d. Investigate on its own or on complaint by any party all forms of violations
of human rights and fundamental freedoms of human rights defenders;
106
e. Publicly acknowledge and promote the legitimate and important role,

activities and work of human rights defenders;
f. Consult regularly and work closely with human rights defenders in the
implementation of this Act;
g. Monitor existing and proposed legislation, assess their impact or potential
impact on the status, activities and work of human rights defenders, and
propose amendments and/or remedial measures or block their passage if
the measures shall to a large extent adversely affect the human rights
defenders and their work and activities;
h. Prepare and submit reports and communications on the situation of human
rights defenders to relevant international and regional human rights bodies
and mechanisms;
i. Monitor and carry out periodic reviews of the implementation of this Act,
the first of which shall be conducted one (1) year after its effectivity.
j. Submit annual reports on the situation of human rights defenders and the
status of implementation of this Act to the Office of the President of the
SANand
Senate SEBASTIAN
the Office COLLEGE RECOLETOS-MANILA
of the Speaker of the House of Representatives;
k. Make recommendations to relevant authorities on the appropriate
measures to be taken to promote a safe and enabling environment for
human rights defenders, mitigate and prevent the risks they face, and
address the root causes of violations against human defenders; and
l. Perform other relevant functions as may be necessary to attain the
objectives of this Act.
SEC. 45. Training and Vetting. — All persons involved in the work and
activities of the Committee, including security and law enforcement officials,
shall be appropriately vetted and shall receive training on human rights and
fundamental freedoms, the situation and protection needs of human rights
defenders prior to the commencement of the involvement, and continuing training
designed to ensure full and effective implementation of the Act.
CHAPTER V
PENALTIES
SEC. 46. Penalty for Violations of Sections 5 to 16 of this Act. - The

penalty of prison mayor in its maximum period to reclusion temporal in its
medium period without privilege of parole shall be imposed upon any government
personnel or the whole complement of a government unit, the paramilitary
personnel or the whole complement of the paramilitary unit, the government asset
(and/or the military affiliate) who violates any of the rights of a human rights
defender defined in sections 5 to 16 of this Act.
107
SEC. 47. Penalty for Destroying, Altering, or Falsifying Records and

Documents. — The penalty of prison mayor in its minimum to its medium period
or a fine of One hundred thousand pesos (Php100,000.00) or both, at the
discretion of the court, shall be imposed upon any government personnel or the
whole complement of a government unit, the paramilitary personnel or the whole
complement of the paramilitary unit, the government asset (and/or the military
affiliate) who impede, obstruct, or influence any preliminary investigation,
administrative investigation and/or petition by altering, destroying, mutilating,
concealing, covering up, falsifying, or making any false entries in any record,
document, or specimen whereof, relative to any matter involving any human
rights defenders, defenders or organizations or activities.
SEC. 48. Penalty for Any Other Violations of this Act — The penalty of
prison mayor in its minimum period or a fine of One hundred thousand pesos
(Php 100, 000.00) or both, at the discretion of the court, shall be imposed upon
any individual who violates any other provisions of this Act.
SEC. 48. Violations of this Act as Aggravating Circumstances. - Any
violation of any provision of this Act committed during the commission of a
crime defined in any penal laws shall be considered an aggravating circumstance
in the imposition of the penalty in said crime.
SEC. 49. Non-Applicability of the Probation Law. — Any violation of

any provisions of this Act which shall constitute the main crime or as an
aggravating circumstance shall not entitle the offender or the accused to the
privileges of probation under the Probation Law.
CHAPTER VI
FINAL PROVISIONS
SEC. 50. Implementing Rules and Regulations. - (1) Within sixty (60)
days from the effectivity of this Act, the Commission on Human Rights, Member
of the House Committee on Human Rights, Member of the Senate Committee on
Justice and Human Rights, in consultation with PAHRA, Karapatan, FLAG, and
NUPL, and other human rights organizations and individual human rights
defenders of known probity, shall jointly promulgate the Implementing Rules and
Regulations (IRR) for the effective implementation of this Act and shall ensure
the full dissemination of the Act and the IRR to the public.
(2) In formulating the corresponding rules and regulations and in implementing

this Act, the following guiding principles shall be strictly adhered to:
108
a. Adherence to the rule of law is the ultimate safeguard against violations of

b. Empowerment of human rights defenders is enhanced by their active

participation in formulating, implementing, and evaluating protection programs
for human rights defenders.
c. Periodic assessments of risks, vulnerability or conflict help identify protection

needs of human rights defenders giving particular attention to those of women and
others' who are at increased risks.
d. Keeping and maintaining confidentiality of the personal data collected on

human rights defenders and those referred to in Sec. 22 (3) herein upholds their
right to privacy and security of person.
e. Continuous training of the members of the Committee Secretariat on human

SAN SEBASTIAN
rights and fundamental COLLEGE
freedoms, RECOLETOS-MANILA
the root causes of their violations, and the work
and protection needs of human rights defenders help sustain their commitment to
the objectives of the Act.
f. Independent and effective operation of the Committee and its Secretariat

requires sustained adequate resources.
g. Transparent, above board, and equitable resource allocation and

disbursement help ensure maximum protection to human rights defenders and
their constituencies particularly those of higher risks and vulnerabilities.
h. Risks and challenges faced by women and lesbians, gays, bisexuals and
transgenders (LGBT) human rights defenders and those working on women's and
LGBT rights and gender issues demand special attention.
i. Generating support from a strong, independent, and effective national human

rights institution and from the general public enhances and contributes to the
effective work of human rights defenders.
j. Open access to the United Nations and international human rights bodies
contributes to a safe and enabling environment for human rights defenders to
work in.
SEC. 51. Suppletory Applications. - The applicable provisions of the

Revised Penal Code shall have suppletory application insofar as they are
consistent with the provisions of this Act.
109
SEC. 52. Appropriations. - The amounts necessary for the implementation

of this Act shall be included in the annual General Appropriations Act.
SEC. 53. Separability Clause. If for any reason any part or provision of
this Act is declared unconstitutional or invalid, the other parts or provisions
hereof which are not affected thereby shall remain and continue to be in full force
and effect.
SEC. 54. Repealing Clause. — All laws, decrees, executive orders, rules
and regulations and other issuances or parts thereof, inconsistent with the
provisions of this Act are hereby repealed, amended or modified accordingly.
SEC. 55. Effectivity Clause. - This Act shall take effect fifteen (15) days
after its publication in the Official Gazette, or in a newspaper of general
circulation.
Approved, SAN SEBASTIAN COLLEGE RECOLETOS-MANILA

110
CURRICULUM VITAE
Monica May R. Ramos

Sta Ana Taytay, Rizal
ramos.monica.sc.ea@gmail.com
09169080270
I. EDUCATIONAL ATTAINMENT
2016 – present JURIS DOCTOR

San Sebastian College – Recoletos (Manila)
2007-2011 BACHELOR of SECONDARY EDUCATION
Harris Memorial College
II. PROFESSIONAL PRACTICE

111
2015-present- EXECUTIVE ASSISTANT

Office of Chief Justice REYNATO S. PUNO (ret)
2012-15 - FACULTY & ADMINISTRATIVE STAFF

United Methodist Church and its School &
Rizal Philippine Annual Conference East
III. ACADEMIC AND OTHER DISTINCTIONS
2001-2003 Outstanding Pupil (Basic Education)

2008-2011 Best Recitalist (Undergraduate)
Dean’s Lister
March 2011 Velasco Award Outstanding Student
Aherrera Award Best in Field Education
Teaño Award Leadership Award

Kihwa-Jin Award RECOLETOS-MANILA
Best in Performance in Music
Cogswell-Tapia Award Best in Bible & Theology
September 2012 R.A. No. 1080, R.A No. 7836
Licensure Examination for Teachers Passer
January 2009-11 YOUTH AMBASSADOR – Asian Young Women Leadership
Training
2015-present Scholar – General Board of General Ministries

ICC Withdrawal Impact on EJK Victims

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ICC Withdrawal Impact on EJK Victims

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1

Since the withdrawal of the Philippines from the International Criminal

campaign against drugs of the current Philippine administration has reached an

estimate of 12,000 extrajudicial killings’ victims.1 With this information, the

measures to promote human rights, investigate unlawful acts, provide adequate

indicate positive or negative impact in the Philippines’ criminal justice, it is

extrajudicial killings. Thus, it is important to provide an examination on the

possible consequences of the Philippines’ withdrawal from the ICC.

1.2 Statement of the Problem

towards the international community to respect human rights. In order to give

recognized in a convention or a treaty.3

Without prejudice to the political issue on prosecuting war crimes or the

prosecution of Extrajudicial killing cases can be competently done through

existing laws addressing extrajudicial killing cases. Specifically, this research

seeks to answer the following questions:

How do the domestic laws and international laws regard extrajudicial

Do the laws in the Philippines adequately afford extrajudicial killings'

international bodies such as the Universal Declaration on Human Rights,

In case of inadequacy in legislative and other measures available for

To answer this methodologically, the researcher will use a research-

executive orders, treaty and other existing legal authorities relating to

corresponding regulations, which are yet to become effective may be mentioned

but will ultimately be excluded for analysis.

The study aims to provide a critical evaluation on how the extra-judicial

Criminal Court will be comprehensively analyzed and discussed.

This paper, without prejudice to the State's political decision on its

international mechanisms to provide accountability and legal remedies for

extrajudicial killings’ victims.

1.4 Significance of the Study

This study is for lawyers, government officials, law students,

Ambassadors, Commission on Human Rights and Extrajudicial killings’ victims

and their families.

of extra judicial killings, they will be provided adequate information on valuing

promoting human rights law.

SAN SEBASTIAN COLLEGE RECOLETOS-MANILA

To Government officials, to have a comprehensive knowledge on what is

committed during ICC membership.

To the Commission on Human Rights, to have a thorough study on how

they can formulate programs to help extrajudicial killings’ victims.

To Extra-judicial killings’ victims, for their families and those fighting

available remedies and reparation. By discussing human rights in the context of

Philippines is a party, they can confidently bring the perpetrators to justice.

To legislators, to assess on how will the Constitution achieve a check and

balance when it comes to signing a treaty, and withdrawal to such. To keenly

how it affects the criminal justice system of the Philippines.

To law students, to improve their awareness on the importance of studying

SAN SEBASTIAN COLLEGE RECOLETOS-MANILA

1.5 Scope and Limitation

and limitations are discussed as to focus and coverage.

Scope is limited to the study of the prosecution of extrajudicial cases

amidst the prevalent numbers of extrajudicial killings because of the current

Philippine Administration's “War on Drugs”. Furthermore, the research is focused

on discussing the rights of the Extra-judicial Killings’ victims according to

International Standards prescribed by Universal Declaration of Human Rights, the

similar human rights treaties to which the Philippines is a state party.

Lastly, the jurisdiction of the ICC is discussed for purposes of evaluating

its effectiveness in prosecuting international crime such as massive extrajudicial

both international and domestic legal instrumentalities to gauge the adequacy of

Philippine laws in prosecuting war crime.

1.1 Definition of Terms

defined as SAN SEBASTIAN COLLEGE RECOLETOS-MANILA

"Extrajudicial killings4 is committed by "state and non-state forces" to

silence, "through violence and intimidation, legitimate dissent and opposition