MERCANTILE LAW is a body of law that deals with customs and practices of local and

international commerce, which tackles trades, sales, buying, selling, transportation, contract and

all forms of business transactions.

I.

Title: AN ACT PROVIDING FOR A NATIONAL COMPETITION POLICY PROHIBITING

ANTI-COMPETITIVE AGREEMENTS, ABUSE OF DOMINANT POSITION AND ANTI-

COMPETITIVE MERGERS AND ACQUISITIONS, ESTABLISHING THE PHILIPPINE

COMPETITION COMMISSION AND APPROPRIATING FUNDS THEREFOR.

Republic Act 10667 Approved July 21, 2015

Fighting business monopolies, cartel and over pricing products and merchandise.

1. Preventing a corporation and/or company who uses their dominance to prevent growth of

micro economics.

2. Preventing a corporation and/or company who prevent new corporation and/or company

to compete with the same nature of business they are engage to.

3. Preventing a corporation and/or company who will endanger micro economics by no

releasing supplies.

4. To scrutinize all mergers and acquisition of corporation and/or company before such.

The Philippine Competition Act which will penalize anti-competitive business behaviors, abuses

in dominant positions and anti-competitive mergers and acquisitions.

Moreover the creation of Congressional Oversight Committee on Competition and Philippine

Competition Commission.

Philippine Competition Commission will promote fair competition in the market. Wherein the

buyer will pay the true cost of the product while the seller will be encouraged to improved

quality of their product. On the said law it promotes balance on the consumer and the producer,

thus there will be a fair competition on the playing field of marketing and it is a response to the

international completion businesses.

II.

Title: AN ACT ALLOWING FOREIGN VESSELS TO TRANSPORT AND CO-LOAD

FOREIGN CARGOES FOR DOMESTIC TRANSSHIPMENT AND FOR OTHER

PURPOSES.

Republic Act 10668 Approved July 21, 2015

The law allows foreign ships carrying imported cargoes and cargoes to be exported out of the

country to dock in multiple ports.

Accordingly the law was passed to lessen the expenses of the shippers, because accordingly the

shipper pay an amount $ 1,264.00 per container from Cagayan de Oro to Manila and Manila to

Hong Kong. This law shippers can go directly from Cagayan de Oro to Hong Kong saving $

764.00 in the process, and just pay $ 500.00.

The issue arises from a letter by Joint Foreign Chamber of the Philippines said this particular

reform “will pave the way for lower production costs for Filipino producers and entrepreneurs

by allowing importers and exporters to co-load in foreign ships going in or out of the Philippine

Jurisdiction.” Moreover the law will ensure that foundations we have laid for the transformation

of our economy and business environment will not be easily dismantled (P.BS Aquino).

Note : Both law have a criminal law in nature because they penalized those who violates the

above stated law, more specifically on Chapter VI of Republic Act 10667 and Section 9 of

Republic Act 10668.

CRIMINAL LAW a branch or division of law which treats of crimes and their punishment. The

term denote the laws which define and prohibit the various species of crimes and establish their

punishments.

I.

Title: AN ACT PENALIZING TORTURE AND OTHER CRUEL, INHUMAN AND

DEGRADING TREATMENT OR PUNISHMENT AND PRESCRIBING PENALTIES

THEREFOR.

Republic Act 9745 Approved November 10, 2009

Republic Act 9745 legally defined the term “torture” as an act by which severe pain or suffering,

whether physical or mental, is intentionally inflicted on a person for purposes such as obtaining

information, or intimidating another person. In the same way, the The law formalized defined the

scope of torture as systematic beating, food deprivation, electric shock, cigarette burning, rape,

among others. Mental and psychological torture, meanwhile, refers to acts by a person in

authority which are designed to affect or confuse the mind. Such acts may also undermine the

dignity and morale of a person. Mental and psychological torture includes blindfolding,

prolonged interrogation, maltreating a member or members of a person's family, and sleep

deprivation denial of sleep, among others.

Salient Provisions

R.A. 9745 prohibits disallows any justification for torture and other inhuman punishments. It

requires the military and police to submit a monthly report, listing all its detention centers,

including safehouses, to the Commission on Human Rights. Parties that maintain secret detention

centers or fail to include a detention center in the list provided to the CHR will be penalized. In

the same way, Persons who committed torture or influenced another individual in committing

torture or other cruel, inhuman and degrading treatment or punishment is criminally liable.

The Anti-Torture law ensures that any form of admission or confession acquired as a result of

torture is inadmissible as evidence in legal proceedings. It further guarantees institutional

protection for victims in the form of impartial investigation conducted by the CHR and other

government agencies including the Department of Justice (DOJ), the Public Attorney’s Office

(PAO), the Philippine National Police (PNP), the National Bureau of Investigation and the AFP.

The law also it includes provisions for the protection of complainants, and witnesses and persons

involved in the prosecution as well as the establishment of a rehabilitation program for victims.

Penalty

Under the law, the perpetrator is prescribed to a maximum penalty of life imprisonment. Other

penalties range from a minimum of six months to a maximum of 12 years of imprisonment

depending on the gravity of the offense.

II.

Title: AN ACT TO INSTITUTE POLICIES TO ELIMINATE TRAFFICKING IN PERSONS

ESPECIALLY WOMEN AND CHILDREN, ESTABLISHING THE NECESSARY

INSTITUTIONAL MECHANISMS FOR THE PROTECTION AND SUPPORT OF

TRAFFICKED PERSONS, PROVIDING PENALTIES FOR ITS VIOLATIONS, AND FOR

OTHER.

Republic Act 9208 Approved May 26, 2003

Republic Act 9208 was made in the Philippines in formulation of a comprehensive and

integrated program to prevent and suppress the trafficking in persons. This law is the only law

that give protection to workers, children and women, about trafficking of person for exploitation.

The said law aims to promote human dignity to protect the people from any threat of violence

and exploitation, and mitigate pressures for involuntary migration and servitude of persons, not

only to support trafficked persons but more importantly, to ensure their recovery, rehabilitation

and reintegration into the mainstream of society.

The said law established Inter-Agency Council Against Trafficking (IACAT), which is

composed of government agencies, non-government organizations and other civic organizations

to effectively ensure that there will be no exploitation and prevent and suppress the trafficking in

persons from one place to another. Department of Justice also created a special task force in

National Bureau of Investigation to implement such law and make sure that trafficking of

persons are monitored any anomalies will be investigated by the said task force and the same will

be prosecuted for violation of such law.

There are some laws which are related to RA 9208 which are as follows: Human Trafficking and

Prostitution of Children, on which they are significantly moral issues in the Philippines, due to

control and power organized crime syndicates. Enforcement of penal laws is, however, reported

to be inconsistent, thus the above mentioned law is created.

Penalty

Under the said law perpetrator is prescribed to the following penalties and sanctions:

(a) Any person found guilty of committing any of the acts enumerated in Section 4 shall suffer

the penalty of imprisonment of twenty (20) years and a fine of not less than One million pesos

(P1,000,000.00) but not more than Two million pesos (P2,000,000.00);

(b) Any person found guilty of committing any of the acts enumerated in Section 5 shall suffer

the penalty of imprisonment of fifteen (15) years and a fine of not less than Five hundred

thousand pesos (P500,000.00) but not more than One million pesos (P1,000,000.00);

(c) Any person found guilty of qualified trafficking under Section 6 shall suffer the penalty of

life imprisonment and a fine of not less than Two million pesos (P2,000,000.00) but not more

than Five million pesos (P5,000,000.00);

(d) Any person who violates Section 7 hereof shall suffer the penalty of imprisonment of six (6)

years and a fine of not less than Five hundred thousand pesos (P500,000.00) but not more than

One million pesos (P1,000,000.00);

(e) If the offender is a corporation, partnership, association, club, establishment or any juridical

person, the penalty shall be imposed upon the owner, president, partner, manager, and/or any

responsible officer who participated in the commission of the crime or who shall have knowingly

permitted or failed to prevent its commission;

(f) The registration with the Securities and Exchange Commission (SEC) and license to operate

of the erring agency, corporation, association, religious group, tour or travel agent, club or

establishment, or any place of entertainment shall be cancelled and revoked permanently. The

owner, president, partner or manager thereof shall not be allowed to operate similar

establishments in a different name;

(g) If the offender is a foreigner, he shall be immediately deported after serving his sentence and

be barred permanently from entering the country;

(h) Any employee or official of government agencies who shall issue or approve the issuance of

travel exit clearances, passports, registration certificates, counseling certificates, marriage

license, and other similar documents to persons, whether juridical or natural, recruitment

agencies, establishments or other individuals or groups, who fail to observe the prescribed

procedures and the requirement as provided for by laws, rules and regulations, shall be held

administratively liable, without prejudice to criminal liability under this Act. The concerned

government official or employee shall, upon conviction, be dismissed from the service and be

barred permanently to hold public office. His/her retirement and other benefits shall likewise be

forfeited; and

(i) Conviction by final judgment of the adopter for any offense under this Act shall result in the

immediate rescission of the decree of adoption.

TAXATION LAW is an area of legal study dealing with the constitutional, common-law,

statutory, tax treaty, and regulatory rules that constitute the law applicable to taxation.

I.

Title: AN ACT RESTRUCTURING THE EXCISE TAX ON ALCOHOL AND TOBACCO

PRODUCTS BY AMENDING SECTIONS 141, 142, 143, 144, 145, 8, 131 AND 288 OF

REPUBLIC ACT NO. 8424. OTHERWISE KNOWN AS THE NATIONAL INTERNAL

REVENUE CODE OF 1997, AS AMENDED BY REPUBLIC ACT NO. 9334, AND FOR

OTHER PURPOSES.

Republic Act 10351 Approved December 19, 2012

Republic Act 10351 aims to institute reforms to the outdated Philippine law on excise tax. By

increasing the retail price as mandated by this law, tobacco products were expected to become

less affordable, thus driving down the consumption levels. This law expect to lessen down

smokers by 2 million by 2016. The government also predicted an accumulated revenue of up to

billions of pesos, a significant portion of which will be used in the Universal Healthcare Program

of the Government.

Based on the said Republic Act Tobacco products should have been less affordable as a result of

the Sin Tax Law, the optimal tax should outpace the economic growth and inflation to make

them remain less affordable. This is because as economy grows, the income and purchasing

power of the population also increase, in the long run the high price of tobacco products will

lessen the consumer.

According to the committee where this law originated most of the smokers are considered poor, a

tobacco control program highly focused towards this group is the most strategic mechanism to

decrease the overall smoking prevalence. Through demand-driven interventions such as

increasing the retail price through taxation, the goal of driving down the cigarette consumption

levels can be achieved because the price sensitivity of the poorer segments of the population.

(house of representative report)

Therefore the law amends the National Internal Revenue Code of 1997 specifically sections 141,

142, 143, 144, 145, 8, 131 and 288, to increase the revenue to excise taxes mainly on alcohol and

cigarettes.

II.

Title: AN ACT ADJUSTING THE 13TH MONTH PAY AND OTHER BENEFITS CEILING

EXCLUDED FROM THE COMPUTATION OF GROSS INCOME FOR PURPOSES OF

INCOME TAXATION, AMENDING FOR THE PURPOSE SECTION 32(B), CHAPTER VI

OF THE NATIONAL INTERNAL REVENUE CODE OF 1997, AS AMENDED.

Republic Act 10653 Approved February 12, 2015

The Republic Act amends the Section 32 (b) Chapter IV of the National Internal Revenue Code

of the Philippines (e) and paragraph e (iv). More specifically as follows:

“SEC. 32. Gross Income. —

“x x x

“(B) Exclusions from Gross Income. — The following items shall not be

included in gross income and shall be exempt from taxation under this Title:

“xxx

“(7) Miscellaneous Items. — “xxx

“(e) 13th Month Pay and Other Benefits. — Gross benefits received by

officials and employees of public and private entities: Provided, however,

That the total exclusion under this subparagraph shall not exceed eighty-

two thousand pesos (P82,000) which shall cover:

“xxx

“(iv) Other benefits such as productivity incentives and Christmas bonus:

Provided, That every three (3) years after the effectively of this Act, the

President of the Philippines shall adjust the amount herein stated to its

present value using the Consumer Price Index (CPI), as published by the

National Statistics Office (NSO).”

Accordingly the congress increase those who are exempted from tax on their 13 th

month pay, for the people to enjoy their 13th month pay. Thus giving more power to

the President of the Philippines to amend the said provision every three years if

applicable, to be applicable on the given period.

LABOR LAW Body of rulings pertaining to working people and their organizations,

including trade unions and employee unions, enforced by government agencies. There are two

categories of labor laws; collective and individual. Collective labor law

involves relationships between the union, the employer and the employee. Individual labor law

involves concerns for employees' rights in the workplace. Labor laws first

became standard during the Industrial Revolution. Also called employment law.

I.

Title: AN ACT STRENGTHENING TRIPARTISM, AMENDING FOR THE PURPOSE

ARTICLE 275 OFPRESIDENTIAL DECREE NO. 442, AS AMENDED, OTHERWISE

KNOWN AS THE “LABOR CODE OF THEPHILIPPINES”.

Republic Act 10395 Approved March 14, 2013

The said law strengthen the employee in policy making, by means of tripartite industrial peace

council, by making the employee and the employer participate on the conference that will be

sponsored by the Department of Labor and Employment under the National Tripartite Industrial

Peace Council, that will be headed by the Secretary of Labor and Employment with twenty

representative each from labor and employers’ sectors to be designated by the President.

The NTIPC will monitor full implementation and compliance of concerned sectors with the

provision of all tripartite instrument, review existing labor, economic and social policies and

evaluate local and international developments affecting the labor. They will also formulate

views, recommendations and proposals on labor, economic and social concerns of the employer

and so as the employee.

Lastly they will adopt all program activities and rules, consistent with the development

objectives of the Tripartism that will be for the benefit of the employee and the employer. That

employer and employee should form part of the decision making and policy-making bodies of

the government to ensure that policies that has been laid down is properly established by the

congress, without jeopardizing the employer nor the employee on the process.

II.

Title: INCREASING THE AMOUNT OF CERTAIN EMPLOYMENT COMPENSATION

BENEFITS FOR EMPLOYEES IN THE PRIVATE AND PUBLIC SECTORS.

Executive Order No. 167 s. 2014 Done May 26, 2014

The Executive Order believes that there is a need to continually improve benefits under

Employees’ Compensation Program to make them more responsive to the welfare and

development needs of occupationally disabled workers. That the funeral cost is no longer

sufficient to suffice to the current needs thus increasing Funeral Benefits for both private and

public sectors hereby increase.

According to the law the Employees’ Compensation funeral benefits is hereby increased from

Ten Thousand Pesos (Php 10,000.00) to Twenty Thousand Pesos (Php 20,000.00). It also

provide that there should be no corresponding increases on the Employees’ compensation

contribution on the above state funeral benefits.

Lastly Employees’ Compensation Commission will shall have the power and duties, among

others, to upgrade benefits and grant new ones for permanent disability or death, subject to the

approval of the President, provided that the actuarial stability of the State Insurance Funds (SIF)

shall be guaranteed and that such increases in benefits shall not require any increase in

contributions from the employers, both private and public.

REMEDIAL LAW Is that branch of law which prescribes the method of enforcing rights

or obtaining redress for their invasion [Bustos vs. Lucero, 81 Phil. 640]. It is also known

as Adjective Law.

I.

Title: GUIDELINES FOR DECONGESTING HOLDING JAILS BY ENFORCING THE

RIGHTS OF ACCUSED PERSONS TO BAIL AND TO SPEEDY TRIAL.

A.M. No. 12-11-2-SC Approved March 18, 2014

The Administrative Matter laid down guidelines on Article 3 Section 13 of the Philippines

Constitution, which all persons, except those charged with offenses punishable by reclusion

perpetua when evidence of guilt is strong, shall before conviction be bailable by sufficient

sureties or released on recognizance as the law may provide and further, that excessive bail shall

not be required. The Supreme Court has allowed the summary hearing of application for bail of

persons charged with offenses punishable by death, reclusion perpetua, or life imprisonment, the

Supreme Court hereby laid down policies respecting the accused’s rights to bail and to speedy

trial in the context of decongesting the detention jails and humanizing the conditions of detained

persons pending the hearing of their cases.

According to the Administrative Matter, City, Provincial and Municipal Jails need to be

decongested due to the numerous number of people who are detained, thus the conditions of the

jail system inhumane for a detention facility. This is to ensure that the accused is protected by the

government.

The Administrative Matter was created due to the recommendation of the Provincial, City and

Municipal jails, due to numerous accused has been detained in the Jail and the Supreme Court

formulate guidelines to decongest jails.

II.

Title: THE RULE OF PROCEDURE ON SMALL CLAIMS CASES

A.M. No. 08-8-7-SC Approved November 21, 2000

The jurisdiction of small-claims courts typically encompasses private disputes that don't involve

large amounts of money. The routine collection of small debts forms a large portion of the cases

brought to small-claims courts, as well as evictions and other disputes

between landlords and tenants, unless the jurisdiction is already covered by a tenancy board.

A small-claims court generally has a maximum monetary limit to the amount of judgments it can

award, limiting the claim up to One Hundred Thousand Pesos (Php 100,000.00). By suing in a

small-claims court, the plaintiff typically waives any right to claim more than the court can

award.

Thus, even if the plaintiff is willing to accept less than the full amount, the case cannot be

brought to small-claims court. To bring the case to small-claims court, the plaintiff must prove

that actual damages are within the court's jurisdiction. In some jurisdictions, a party who loses in

a small-claims court is entitled to a trial de novo in a court of more general jurisdiction and with

more formal procedures.

The rules of civil procedure, and sometimes of evidence, are typically altered and simplified to

make the procedures economical. A usual guiding principle in these courts is that individuals

ought to be able to conduct their own cases and represent themselves without a lawyer. Rules are

relaxed, but still apply to some degree. In some jurisdictions, corporations must still be

represented by a lawyer in small-claims court. Expensive court procedures such as

interrogatories and depositions are usually not allowed in small-claims court, and practically all

matters filed in small-claims court are set for trial. Under court rules, should the defendant not

show up at trial and not have requested postponement, a default judgment may be entered in

favor of the plaintiff.

Winning in small-claims court does not automatically ensure payment in recompense of a

plaintiff's damages. This may be relatively easy, in the case of a dispute against an insured party,

or extremely difficult, in the case of an uncooperative, transient, or indigent defendant. The

judgment may be collected through wage garnishment and liens.

CIVIL LAW is a body of law of a state or nation governing the behavior of individuals and

corporations.The law determining private rights and liabilities, as opposed tocriminal law and ot

her public law.

I.

Title: AN ACT ALLOWING ILLEGITIMATE CHILDREN TO USE THE SURNAME OF

THEIR FATHER AMENDING FOR THE PURPOSE ARTICLE 176 OF EXECUTIVE

ORDER NO. 209, OTHERWISE KNOWN AS THE “FAMILY CODE OF THE

PHILIPPINES”.

Republic Act 9255 Approved February 24, 2004

Republic Act 9255 let the illegitimate children to use their father’s surname, however,

illegitimate children may use the surname of their father if their filiation has been expressly

recognized by their father through the record of birth appearing in the civil register, or when an

admission in a public document or private handwritten instrument is made by the father.

Provided, the father has the right to institute an action before the regular courts to prove non-

filiation during his lifetime.

The effect of the Republic Act 9255, the surname of the father shall be entered as the last name

of the child in the Certificate of Live Birth. The illegitimate child is entitled for support in

conformity with the family code.

The law applies to all illegitimate children before and after the effectively of this law. The law

was in accordance to United Nations Conventions of the Rights of Child which states that “The

child shall be registered immediately after birth and shall have the right from birth to a name, the

right to acquire a nationality and, as far as possible, the right to know and be cared for by his or

her parents”.

II.

Title: AN ACT ESTABLISHING REFORMS IN THE REGULATION OF RENT OF

CERTAIN RESIDENTIAL UNITS, PROVIDING THE MECHANISMS THEREFOR AND

FOR OTHER PURPOSES.

Republic Act 9653 Approved July 14, 2009

Under the law it covers all residential units in Metro Manila with rent of one peso to ten

thousand pesos per month and all units in other urban cities with rent of one peso to five

thousand pesos, accordingly from 2010 until 2013 the increase in rent should not be more than

7% annually. Owners of residential units cannot demand more than one-month advance rent and

more than two months deposit.

The said law does not cover motels and motel room, hotel and hotels room rent and also under

the rent-to-own scheme are not covered by the said law. Thus there should no increases in rent

prices from 2009 up until December 31, 2010.

Under this law there are certain sanctions for violators who will violate the said law, on which

they can be fined in the amount of Twenty Five Thousand pesos to Fifty Thousand Pesos or

imprisonment of one month and a day up to six months or both fine and imprisonment upon the

discretion of the court. Which criminalized the Owner who will violate such.

The rent control law was passed to prevent unconscionable price increase on rents in Metro

Manila so as on the urban area. To prevent landlords on exceeding price increase and to prevent

them from asking more than one month advance and two months deposit.

LEGAL AND JUDICIAL ETHICS it is a branch of moral science which treats of the duties

which an attorney owes to the court, to his client, to his colleagues in the profession and to the

public as embodied in the Constitution, Rules of Court, the Code of Processional

Responsibilities, Canons of Professional Ethics, jurisprudence, moral laws and special laws.

I.

Title: RE: PROPOSED REFORMS IN THE BAR EXAMINATIONS

B.M. No. 1161 September 3, 2013

The Court resolved, upon the recommendation of the Committee on Continuing Legal Education

and Bar Matters, to lift the five-strike rule on bar repeaters, provided that the candidates have

enrolled in and passed in regular fourth year review classes as well as attended a pre-bar review

course every time they take the Bar Examinations after failing for the third time, under a

curriculum prepared by the Legal Education Board (LEB), and in law schools accredited by it for

that purpose.  This rule shall take effect beginning with the 2014 Bar Examinations. 

The resolution provides that the refresher candidates shall attend fourth year review classes

under a curriculum prepared by the LEB and in law schools accredited by the LEB for the

purpose.   Hence the passage by the LEB of the appropriate rules was required for the

implementation of the resolution.

The Supreme Court should be lauded for lifting the 5-strike rule.   Considering the great

difficulty of the bar exams, the fluctuations in the pass rate, and the continual reforms and

changes in the exam format, it would be fairer to the candidates if no cap was imposed.    The

writer however respectfully makes a few suggestions in order to better effectuate the liberal and

compassionate purpose behind the lifting of the 5-strike rule. 

Firstly, it is suggested that the new refresher curriculum be applied beginning only with the 2016

bar exams. This is because the 4th year LEB model law curriculum will kick in only in SY 2015-

2016.   

It is also recommended that Civil Law Review II and Remedial Law Review II in the new

refresher curriculum be reduced to 3 units.  This would synchronize the new refresher curriculum

with the LEB Model Law Curriculum.

Lastly, it is suggested also that the accreditation of law schools authorized to give refresher law

classes be deferred to the 2015 bar.  This would avoid prejudice to those who had enrolled for

SY 2013-2014 in anticipation of the lifting of the 5-strike rule for the 2014 bar, only to discover

that their law school would not be accredited under the subsequent LEB rules to give refresher

courses.    

II.

Title: PROPOSED RULE ON MANDATORY LEGAL AID SERVICE FOR PRACTICING

LAWYERS

B.M. No. 2012 February 10, 2009

The rule seeks to enhance the duty of lawyers to society as agents of social change and to the

courts as officers thereof by helping improve access to justice by the less privileged members of

society and expedite the resolution of cases involving them. Mandatory free legal service by

members of the bar and their active support thereof will aid the efficient and effective

administration of justice especially in cases involving indigent and pauper litigants.

The rule shall govern the mandatory requirement for practicing lawyers to render free legal aid

services in all cases (whether civil, criminal, or administrative) involving indigent and pauper

litigants where the assistance of a lawyer is needed. It shall also govern the duty of other

members of the legal profession to support the legal aid program of the Integrated Bar of the

Philippines.

The rule requires all practicing lawyers to render sixty hours (60) of free legal service annually

or they will be penalized for forty thousand pesos (Php 40,000) on which the said rule penalized

a lawyer who did render mandatory legal aid. Thus this law is not just under Legal and Judicial

ethics but also under Criminal law due to the sanction on lawyers who did not render free legal

aid.

POLITICAL LAW is that branch of public law which deals with the organization and

operations of the governmental organs of the State and defines the relations of the State with the

inhabitants of its territory.

I.

Title: AN ACT PROVIDING FOR LOCAL ABSENTEE VOTING FOR MEDIA

Republic Act 10380 Approved March 14, 2013

The landmark law allows media practitioners – from reporters to technical staff involve in news

gathering to enjoy the same privileges previously extended only to government official and

employees, members of the Philippine National Police, and members of the Armed Forces of the

Philippines.

However, absentee voting is limited only to the position of President, Vice-President, Senators,

and party list representative.

The said act was enacted due to the intensive coverage of the media personnel during election

period, they might not have time to vote due to media coverage on certain areas. Special those

media personnel that are assigned in the far flung area in our country.

According to report most of the media personnel fail to vote because of the coverage of the

election especially during election period, so the law encourage all media personnel to have a

chance to exercise their right to suffrage.

II.

Title: AN ACT DEFINING AND PENALIZING CRIMES AGAINST INTERNATIONAL

HUMANITARIAN LAW, GENOCIDE AND OTHER CRIMES AGAINST HUMANITY,

ORGANIZING JURISDICTION, DESIGNATING SPECIAL COURTS, AND FOR

RELATED PURPOSES.

Republic Act 9851 Approved December 11,

2009

Republic Act No. 9851, the new “Philippine Act on Crimes against International Humanitarian

Law, Genocide, and Other Crimes against Humanity” signed into law on 11 December 2009, is a

breakthrough law for the enforcement of international humanitarian law as well as human rights

in the Philippines. For the first time here, a national statute defines and penalizes “the most

serious crimes of concern to the international community as a whole” namely, war crimes,

genocide, and crimes against humanity. This could be even more significant than R.A. No. 9745,

the “Anti-Torture Act of 2009” signed into law about a month earlier on 10 November 2009. To

the credit of the 14th Congress and international humanitarian law, of the Arroyo administration,

they have delivered this significant one-two punch for human rights and, and possibly a few

more good punch combinations, during the “last round” of this Congress and administration

before bowing out in mid-2010. But credit is also due to the various human rights and IHL

advocates in civil society and in government who have worked long and hard for these and

related legislation as well as administrative measures.

This new law will enable the Philippines to prosecute the international crimes itself, contribute to

an effective international criminal justice regime, strengthen its national criminal justice system,

and generally bring its national law into conformity with international standards as well as up-to-

date with important developments in international law. It can no longer be said that the

Philippines is “unable” to prosecute war crimes, genocide, and crimes against humanity for the

simple reason that there is no Philippine law defining and penalizing these serious international

crimes as such. Such inability could even justify the “complementary” jurisdiction of the

International Criminal Court over such crimes. It has been said that “Criminal legislation is the

most appropriate and effective means of dealing with all serious violations of international

humanitarian law.” But, as we shall explain further below, R.A. No. 9851 is a special law, not an

amendment to the Revised Penal Code, because this law is not simply criminal law but also

international criminal law, international humanitarian law and international human rights law. In

practical terms, something like the “Maguindanao Massacre” can now be prosecuted as a crime

against humanity rather than as a common crime of multiple murder.

R.A. No. 9851 also comes at a time when it can provide some teeth to a new effort for a civilian

protection component in the context of the peace process, particularly between the Government

of the Republic of the Philippines and the Moro Islamic Liberation Front. As a law which

enforces both human rights and international humanitarian law, it can also co-relate on a parallel

basis with the Comprehensive Agreement on Respect for Human Rights and International

Humanitarian Law between the Government of the Republic of the Philippines and the National

Democratic Front of the Philippines, with more reason as there has been no standing ceasefire

between them and as their Joint Monitoring Committee mechanism has been perennially

stalemated. The fact that R.A. No. 9851 is heavily informed by human rights and international

humanitarian law, even if it is still a national law, could make those major rebel groups look at or

treat it somewhat differently from the usual repressive laws and decrees of the state that they rail

against.