Applicability of International Law.
SECTION 15. Applicability of International Law. — In the application and interpretation of this Act, Philippine courts shall be guided by the following sources:
The 1948 Genocide Convention;
The 1949 Genava Conventions I-IV, their 1977 Additional Protocols I and II and their 2005 Additional Protocol III;
The 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, its First Protocol and its 1999 Second Protocol;
The 1989 Convention on the Rights of the Child and its 2000 Optional Protocol on the Involvement of Children in Armed Conflict;
The rules and principles of customary international law;
The judicial decisions of international courts and tribunals;
Relevant and applicable international human rights instruments;
Other relevant international treaties and conventions ratified or acceded to by the Republic of the Philippines; and
Teachings of the most highly qualified publicists and authoritative commentaries on the foregoing sources as subsidiary means for the determination of rules of international law.
Suppletory Application of the Revised Penal Code and Other General or Special Laws.
SECTION 16. Suppletory Application of the Revised Penal Code and Other General or Special Laws. - The provisions of the Revised Penal Code and other general or special laws shall have a suppletory application to the provisions of this Act.
Jurisdiction.
SECTION 17. Jurisdiction. — The State shall exercise jurisdiction over persons, whether military or civilian, suspected or accused of a crime defined and penalized in this Act, regardless of where the crime is committed, provided, any one of the following conditions is met:
The accused is a Filipino citizen;
The accused, regardless of citizenship or residence, is present in the Philippines; or
The accused has committed the said crime against a Filipino citizen.
In the interest of justice, the relevant Philippine authorities may dispense with the investigation or prosecution of a crime punishable under this Act if another court or international tribunal is already conducting the investigation or undertaking the prosecution of such crime. Instead, the authorities may surrender or extradite suspected or accused persons in the Philippines to the appropriate international court, if any, or to another State pursuant to the applicable extradition laws and treaties.
No criminal proceedings shall be initiated against foreign nationals suspected or accused of having committed the crimes defined and penalized in this Act if they have been tried by a competent court outside the Philippines in respect of the same offense and acquitted, or having been convicted, already served their sentence.
Philippine Court, Prosecutors and Investigators.
SECTION 18. Philippine Court, Prosecutors and Investigators. — The Regional Trial Court of the Philippines shall have original and exclusive jurisdiction over the crimes punishable under this Act. Their judgments may be appealed or elevated to the Court of Appeals and to the Supreme Court as provided by law.
The Supreme Court shall designate special courts to try cases involving crimes punishable under this Act. For these cases, the Commission on Human Rights, the Department of Justice, the Philippine National Police or other concerned law enforcement agencies shall designate prosecutors or investigators as the case may be.
The State shall ensure that judges, prosecutors and investigators, especially those designated for purposes of this Act, receive effective training in human rights, International Humanitarian Law and International Criminal Law.
Source: Official Gazette of the Republic of the Philippines — Philippine laws are public documents (works of the government).
