Article 72Act No. 3815, Sec./Art. 72

Preference in the payment of the civil liabilities.-The civil liabilities of a person found guilty of two or more offenses shall be satisfied by following the chronological order of the dates of the final judgments rendered against him, beginning with the first in order of time.

Section THREE.-Provision common to the last two preceding sections

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

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) Unjustifiable delay in the repatriation of prisoners of

war or other protected persons.

(b) In case of a non-international armed conflict, serious

violations of common Article 3 to the four (4) Geneva

Conventions of 12 August 1949, namely , any of the

following acts committed against persons taking no

active part in the hostilities, including member of the

armed forces who have laid down their arms and those

placed hors de combat by sickness, wounds, detention or

any other cause;

(1) Violence to life and person, in particular, willful killings,

mutilation, cruel treatment and torture;

(2)

Committing

outrages

upon

personal

dignity,

in

particular, humiliating and degrading treatment;

(3) Taking of hostages; and

(4) The passing of sentences and the carrying out of

executions without previous judgment pronounced by a

regularly

constituted

court,

affording

all

judicial

guarantees

which

are

generally

recognized

as

indispensable.

(c) Other serious violations of the laws and customs

applicable

in

armed

conflict,

within

the established

framework of international law, namely:

(1) Internationally directing attacks against the civilian

population as such or against individual civilians not

taking direct part in hostilities;

(2) Intentionally directing attacks against civilian objects,

that is, object which are not military objectives;

(3)

Intentionally

directing

attacks

against

buildings,

material, medical units and transport, and personnel

using the distinctive emblems of the Geneva Conventions

or Additional Protocol III in conformity with international

law;

(4)

Intentionally

directing

attacks

against

personnel,

installations, material, units or vehicles involved in a

humanitarian

assistance

or peacekeeping mission in

accordance with the Charter of the United Nations, as

long as they are entitled to the protection given to

civilians or civilian objects under the international law of

armed conflict;

(5) Launching an attack in the knowledge that such

attack will cause incidental loss of life or injury to civilians

or damage to civilian objects or widespread, long-term

and severe damage to the natural environment which

would be excessive in relation to the concrete and direct

military advantage anticipated;

(6) Launching an attack against works or installations

containing dangerous forces in the knowledge that such

attack will cause excessive loss of life, injury to civilians or

damage to civilian objects, and causing death or serious

injury to body or health .

(7) Attacking or bombarding, by whatever means, towns,

villages, dwellings or buildings which are undefended

and

which

are

not

military

objectives,

or

making

non-defended localities or demilitarized zones the object

of attack;

(8) Killing or wounding a person in the knowledge that

he/she is hors de combat, including a combatant who,

having laid down his/her arms or no longer having means

of defense, has surrendered at discretion;

(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 Conventions;

(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 indispensable 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;

(23)

In

an

international

armed

conflict,

declaring

abolished, suspended or inadmissible in a court of law the

rights and actions of the nationals of the hostile party;

(24) Committing any of the following acts:

© Compiled By RGL

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