Section 12Sec./Art. 12

Misuse of the Red Cross, the Red Crescent, or the Red Crystal Emblem as Protective Device in Times of Armed Conflict. (a) Any person who willfully commits or gives the order to commit acts resulting in the death of, the wounding, or the capture of an adversary by making perfidious use of the Red Cross, Red Crescent, or Red Crystal emblem or a distinctive signal shall be deemed to have committed a war crime. When the crime results in death or serious physical injury of an adversary and considering the individual circumstances of the offender, the penalty of reclusion perpetua and a fine ranging from Five hundred thousand pesos (P500,000.00) to One million pesos (P1,000,000.00) shall be imposed.

Perfidious use of the Red Cross, the Red Crescent, or the Red Crystal emblem, or a protective device, or a distinctive signal which does not result in death or serious harm to the body or health of an adversary, shall be punished by the penalty of reclusion temporal in its medium to maximum period and a fine of not less than One hundred thousand pesos (P100,000.00) but not more than Five hundred thousand pesos (P500,000.00) at the discretion of the court.

The court may also impose the corresponding accessory penalties under the Revised Penal Code, especially where the offender is a public officer.

(b) Any person who, in time of armed conflict and without entitlement, has willfully used the Red Cross, Red Crescent, or the Red Crystal emblem, or a distinctive signal or any other sign or signal which constitutes an imitation thereof or which might lead to confusion, shall be punished by prision correccional in its medium period and a fine of not less than Forty thousand pesos (P40,000.00) but not more than Eighty thousand pesos (P80,000.00) at the discretion of the court.

If the misuse is committed by a partnership, corporation, association or any juridical entity, the partner, president, director, manager, trustee, estate administrator or officer who consents to or knowingly tolerates such misuse shall be held criminally liable as a co-principal. If the person convicted is a foreigner, he or she may be ordered deported and blacklisted after serving his or her sentence.1wphi1

In addition, the court may order the forfeiture in favor of the PRC of any proceeds, or property or assets upon which an emblem, designation, design, wording or sign was used directly or indirectly in violation of this Act, including any identity cards, insignia or uniforms used in connection therewith.