Beruflich Dokumente
Kultur Dokumente
6235
AN ACT PROHIBITING CERTAIN ACTS INIMICAL TO CIVIL AVIATION,
AND FOR OTHER PURPOSES.
Section 1. It shall be unlawful for any person to compel a change in the
course or destination of an aircraft of Philippine registry, or to seize or usurp
the control thereof, while it is in flight. An aircraft is in flight from the moment
all its external doors are closed following embarkation until any of such doors
is opened for disembarkation.
It shall likewise be unlawful for any person to compel an aircraft of foreign
registry to land in Philippine territory or to seize or usurp the control thereof
while it is within the said territory.
Section 2. Any person violating any provision of the foregoing section shall
be punished by an imprisonment of not less than twelve years but not more
than twenty years, or by a fine of not less than twenty thousand pesos but not
more than forty thousand pesos.
The penalty of imprisonment of fifteen years to death, or a fine of not less
than twenty-five thousand pesos but not more than fifty thousand pesos shall
be imposed upon any person committing such violation under any of the
following circumstances:
1. Whenever he has fired upon the pilot, member of the crew or passenger of
the aircraft;
2. Whenever he has exploded or attempted to explode any bomb or explosive
to destroy the aircraft; or
3. Whenever the crime is accompanied by murder, homicide, serious physical
injuries or rape.
Section 3. It shall be unlawful for any person, natural or juridical, to ship, load
or carry in any passenger aircraft operating as a public utility within the
Philippines, and explosive, flammable, corrosive or poisonous substance or
material.
Section 4. The shipping, loading or carrying of any substance or material
mentioned in the preceding section in any cargo aircraft operating as a public
utility within the Philippines shall be in accordance with regulations issued by
the Civil Aeronautics Administration.
Section 5. As used in this Act
(1) "Explosive" shall mean any substance, either solid or liquid, mixture or
single compound, which by chemical reaction liberates heat and gas at high
speed and causes tremendous pressure resulting in explosion. The term shall
include but not limited to dynamites, firecrackers, blasting caps, black
powders, bursters, percussions, cartridges and other explosive materials,
except bullets for firearm.
(2) "Flammable" is any substance or material that is highly combustible and
self-igniting by chemical reaction and shall include but not limited to acrolein,
allene, aluminum dyethyl monochloride, and other aluminum compounds,
ammonium chlorate and other ammonium mixtures and other similar
substances or materials.
circulation for at least once a week for three consecutive weeks. Such
regulations shall take effect fifteen days after publication in the Official
Gazette.
Section 11. This Act shall take effect after the publication mentioned in the
preceding section.
Approved: June 19, 1971
RA 10168
SEC. 6. Accomplice. Any person who, not being a principal under Article
17 of the Revised Penal Code or a conspirator as defined in Section 5
hereof, cooperates in the execution of either the crime of financing of
terrorism or conspiracy to commit the crime of financing of terrorism by
previous or simultaneous acts shall suffer the penalty one degree lower
than that prescribed for the conspirator.
SEC. 7. Accessory. Any person who, having knowledge of the
commission of the crime of financing of terrorism but without having
participated therein as a principal, takes part subsequent to its commission,
by profiting from it or by assisting the principal or principals to profit by
the effects of the crime, or by concealing or destroying the effects of the
crime in order to prevent its discovery, or by harboring, concealing or
assisting in the escape of a principal of the crime shall be guilty as an
accessory to the crime of financing of terrorism and shall be imposed a
penalty two degrees lower than that prescribed for principals in the crime
of financing terrorism.
RA 9851
CHAPTER III
CRIMES AGAINST INTERNATIONAL HUMANITARIAN LAW,
GENOCIDE AND OTHER CRIMES AGAINST HUMANITY
Section 4. War Crimes. - For the purpose of this Act, "war crimes" or "crimes
against Interntional Human Humanitarian Law" means:
(a) In case of an international armed conflict , grave breaches of the Geneva
Conventions of 12 August 1949, namely, any of the following acts against
persons or property protected under provisions of the relevant Geneva
Convention:
(1) Willful killing;
(2) Torture or inhuman treatment, including biological experiments;
(3) Willfully causing great suffering, or serious injury to body or health;
(4) Extensive destruction and appropriation of property not justified by military
necessity and carried out unlawfully and wantonly;
(5) Willfully depriving a prisoner of war or other protected person of the rights
of fair and regular trial;
(6) Arbitrary deportation or forcible transfer of population or unlawful
confinement;
(7) Taking of hostages;
(8) Compelling a prisoner a prisoner of war or other protected person to serve
in the forces of a hostile power; and
(9) Making improper use of a flag of truce, of the flag or the military insignia
and uniform of the enemy or of the United Nations, as well as of the
distinctive emblems of the Geneva Conventions or other protective signs
under International Humanitarian Law, resulting in death, serious personal
injury or capture;
(10) Intentionally directing attacks against buildings dedicated to religion,
education, art, science or charitable purposes, historic monuments, hospitals
and places where the sick and wounded are collected, provided they are not
military objectives. In case of doubt whether such building or place has been
used to make an effective contribution to military action, it shall be presumed
not to be so used;
(11) Subjecting persons who are in the power of an adverse party to physical
mutilation or to medical or scientific experiments of any kind, or to removal of
tissue or organs for transplantation, which are neither justified by the medical,
dental or hospital treatment of the person concerned nor carried out in his/her
interest, and which cause death to or seriously endanger the health of such
person or persons;
(12) Killing, wounding or capturing an adversary by resort to perfidy;
(13) Declaring that no quarter will be given;
(14) Destroying or seizing the enemy's property unless such destruction or
seizure is imperatively demanded by the necessities of war;
(15) Pillaging a town or place, even when taken by assault;
(16) Ordering the displacements of the civilian population for reasons related
to the conflict, unless the security of the civilians involved or imperative
military reasons so demand;
(17) Transferring, directly or indirectly, by the occupying power of parts of its
own civilian population into the territory it occupies, or the deportation or
transfer of all or parts of the population of the occupied territory within or
outside this territory;
(18) Commiting outrages upon personal dignity, in particular, humiliating and
degrading treatments;
(19) Commiting rape, sexual slavery, enforced prostitution, forced pregnancy,
enforced sterilization, or any other form of sexual violence also constituting a
grave breach of the Geneva Conventions or a serious violation of common
Article 3 to the Geneva Convensions;
(20) Utilizing the presence of a civilian or other protected person to render
certain points, areas or military forces immune from military operations;
(21) Intentionally using starvation of civilians as a method of warfare by
depriving them of objects indespensable to their survival, including willfully
impeding relief supplies as provided for under the Geneva Conventions and
their Additional Protocols;
(22) In an international armed conflict, compelling the nationals of the hostile
party to take part in the operations of war directed against their own country,
even if they were in the belligerent's service before the commencement of the
war;
DISSENT:
During the long period of Japanese occupation, all the political laws of the
Philippines were suspended. This is full harmony with the generally accepted
principles of the international law adopted by our Constitution [ Art. II, Sec. 3 ] as
part of law of the nation.
The inhabitants of the occupied territory should necessarily be bound to the sole
authority of the invading power whose interest and requirements are naturally in
conflict with those of displaced government, if it is legitimate for the military
occupant to demand and enforce from the inhabit ants such obedience as may be
necessary for the security of his forces, for the maintenance of the law and order,
and for the proper administration of the country.
PEOPLE V. PEREZ
FACTS:
-Susano Perez alias Kid Perez was convicted of treason and was sentenced to
death by electrocution.
-TC found the accused, together with the other Filipinos, recruited, apprehended
and commandeered numerous girls and women against their will for the purpose
of using them, to satisfy the sexual desire of the Japanese officers.
-The Solicitor General submitted an opposite view stating that the deeds
committed by the accused do not constitute treason. It further discussed that if
furnishing women for immoral purposes to the enemies was treason because
womens company kept up their morale, so fraternizing them, entertaining them
at parties, selling them food and drinks, and kindred acts, would be treason . Any
act of hospitality produces the same result.
ISSUE: Whether the acts of the accused constituted the crime of treason.
HELD: NO. The law of treason does not prescribe all kinds of social, business and
political intercourse between the belligerent occupants of the invaded country
and its inhabitants. What aid and comfort constitute treason must depend upon
their nature degree and purpose.
As a general rule, to be treasonous, the extent of the aid and comfort given to
the enemies must be to render assistance to them as enemies and not merely as
individuals and in addition, be directly in furtherance of the enemies hostile
designs.
His commandeering of women to satisfy the lust of Japanese officers or men or
to enliven the entertainment helped to make life more pleasant for the enemies
and boost their spirit.
Sexual and social relations with the Japanese did not directly and materially tend
to improve their war efforts or to weaken the power of US. Whatever favorable
effect the defendants collaboration with the Japanese might have in their
prosecution of the war was trivial, imperceptible, and unintentional. Intent of
disloyalty is a vital ingredient in the crime of treason, which, in the absence of
admission, may be gathered from the nature and circumstance of each particular
case.
But the accused may be punished for the rape as principal by direct participation.
Without his coordination in the manner above stated, these rapes could not have
been committed.
PEOPLE V. PRIETO
FACTS:
-The appellant was prosecuted for treason.
-Two witnesses gave evidence but their statements do not coincide in any single
detail. The first witness testified that the accused with other Filipino undercovers
and Japanese soldiers caught an American aviator and had the witness carry the
American to town on a sled pulled by a carabao. That on the way, the accused
walked behind the sled and asked the prisoner if the sled was faster than the
airplane; that the American was taken to the Kempetai headquarters, after which
he did not know what happened to the flier.
-The next witness, testified that he saw the accused following an American and
the accused were Japanese and other Filipinos.
-The lower court believes that the accused is guilty beyond reasonable doubt of
the crime of treason complexed by murder and physical injuries, with the
aggravating circumstances mentioned above. Apparently, the court has regarded
the murders and physical injuries charged in the information, not only as crimes
distinct from treason but also as modifying circumstances. The Solicitor General
agrees with the decision except as to the technical designation of the crime. In
his opinion, the offense committed by the appellant is a complex crime of
treason with homicide.
-Accused being a member of the Japanese Military Police and acting as
undercover man for the Japanese forces with the purpose of giving and with the
intent to give aid and comfort feloniously and treasonably lad, guide and
accompany a patrol of Japanese soldiers and Filipino undercovers for the purpose
of apprehending guerillas and locating their hideouts.
ISSUES;
However, de Guzman is not guilty of conspiracy. He might have been helping the
conspirators by accepting bonds in the bundles, but he has not been aware of the contents
nor does he was, in any occasion, assumed any obligation with respect to those bonds.
Note: see RPC Art. 136: Crimes against public order: conspiracy and proposal to commit
coup d etat, rebellion or insurrection.
People vs Lol-lo
FACTS:
2 boats of Dutch possession left matuta. In 1 of the boats was 1
individual, a Dutch subject, and in the other boat 11 men, women, and
children, subjects of Holland. The 2nd boat arrived between the Islands of
Buang and Bukid in the Dutch East Indies. There the boat was surrounded by
6 vintas manned by 24 Moros all armed. The Moros first asked for food, but
once on the Dutch boat, too for themselves all of the cargo, attacked some of
the men, and brutally violated 2 of the women. All of the persons on the Dutch
boat, except the 2 young women, were again placed on it and holes were
made in it, the idea that it would submerge. The Moros finally arrived at
Maruro, a Dutch possession. 2 of the Moro marauder were Lol-lo, who also
raped one of the women, and Saraw. At Maruro the 2 women were able to
escape.
Lol-lo and Saraw later returned to their home in South Ubian, Tawi-Tawi,
Sulu, Philippine Islands. There they were arrested and were charged in the
Court of First Instance of Sulu with the crime of piracy
All of the elements of the crime of piracy are present. Piracy is robbery or
forcible depredation on the high seas, without lawful authority and done
animo furandi, and in the spirit and intention of universal hostility.
Pirates are in law hostes humani generis.
Piracy is a crime not against any particular state but against all mankind. It
may be punished in the competent tribunal of any country where the offender
may be found or into which he may be carried. The jurisdiction of piracy
unlike all other crimes has no territorial limits.
As it is against all so may it be punished by all. Nor does it matter that the
crime was committed within the jurisdictional 3-mile limit of a foreign state,
"for those limits, though neutral to war, are not neutral to crimes."
ISSUE: W/N the provisions of the Penal Code dealing with the crime of piracy
are still in force.
HELD: In accordance with provisions of Act No. 2726, the defendant and
appellant Lol-lo, who is found guilty of the crime of piracy and is sentenced
therefor to be hung until dead.
YES.
! Penal code dealing with the crime of piracy, notably articles 153 and
154, to be still in force in the Philippines.