Article 74Act No. 3815, Sec./Art. 74

Penalty higher than reclusion perpetua in certain cases.-In cases in which the law prescribes a penalty higher than another given penalty, without specifically designating the name of the former, if such higher penalty should be that of death, the same penalty and the accessory penalties of article 40, shall be considered as the next higher penalty.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

same if he/she completely and voluntarily gave up the

criminal purpose.

Section 9. Irrelevance of Official Capacity. - This Act shall

apply equally to all persons without any distinction based

on official capacity. In particular, official capacity as a

head of state or government, a member of a government

or parliament, an elected representative or a government

official shall in no case exempt a person from criminal

responsibility under this Act, nor shall it, in and of itself,

constitute a ground for reduction of sentence. However:

(a) Immunities or special procedural rules that may be

attached

to the official capacity of a person under

Philippine law other than the established constitutional

immunity from suit of the Philippine President during

his/her tenure, shall not bar the court from exercising

jurisdiction over such a person; and

(b) Immunities that may be attached to the official

capacity of a person under international law may limit the

application of this Act, but only within the bounds

established under international law.

Section 10. Responsibility of Superiors. - In addition to

other

grounds

of

criminal

responsibility

for

crimes

defined and penalized under this Act, a superior shall be

criminally responsible as a principal for such crimes

committed

by

subordinates

under

his/her

effective

command and control, or effective authority and control

as the case may be, as a result of his/her failure to

properly exercise control over such subordinates, where:

(a)

That

superior

either

knew

or,

owing

to

the

circumstances at the time, should have known that the

subordinates were committing or about to commit such

crimes;

(b)

That

superior

failed

to

take

all

necessary

and

reasonable measures within his/her power to prevent or

repress their commission or to submit the matter to the

competent authorities for investigation and prosecution.

Section 11. Non-prescription. - The crimes defined and

penalized under this Act, their prosecution, and the

execution of sentences imposed on their account, shall

not be subject to any prescription.

Section 12. Orders from a Superior. - The fact that a crime

defined

and

penalized

under

this

Act

has

been

committed

by a person pursuant to an order of a

government or a superior, whether military or civilian,

shall not relieve that person of criminal responsibility

unless all of the following elements occur:

(a) The person was under a legal obligation to obey orders

of the government or the superior in question;

(b) The person did not know that the order was unlawful;

and

(c) The order was not manifestly unlawful.

For

the purposes of this section, orders to commit

genocide

or

other

crimes

against

humanity

are

manifestly unlawful.

CHAPTER VI Protection of Victims and Witnesses

Section 13. Protection of Victims and Witnesses. - In

addition to existing provisions in Philippine law for the

protection

of

victims

and

witnesses,

the

following

measures shall be undertaken:

(a) The Philippine court shall take appropriate measures

to

protect

the

safety,

physical

and

physiological

well-being, dignity and privacy of victims and witnesses.

In so doing, the court shall have regard of all relevant

factors, including age, gender and health, and the nature

of the crime, in particular, but not limited to, where the

crime involves sexual or gender violence or violence

against children. The prosecutor shall take such measures

particularly during the investigation and prosecution of

such crimes. These measures shall not be prejudicial to or

inconsistent with the rights of the accused and to a fair

and impartial trial;

(b) As an exception to the general principle of public

hearings, the court may, to protect the victims and

witnesses

or

an

accused,

conduct

any

part

of the

proceedings in camera or allow the presentation of

evidence

by

electronic

or

other

special

means.

In

particular, such measures shall be implemented in the

case of the victim of sexual violence or a child who is a

victim or is a witness, unless otherwise ordered by the

court, having regard to all the circumstances, particularly

the views of the victim or witness;

(c)

Where the personal interests of the victims are

affected, the court shall permit their views and concerns

to

be

presented

and

considered

at

stages

of

the

proceedings determined to be appropriate by the court in

manner which is not prejudicial to or inconsistent with

the rights of the accused and a fair and impartial trial.

Such views and concerns may be presented by the legal

representatives of the victims where the court considers

it appropriate in accordance with the established rules of

procedure and evidence; and

(d) Where the disclosure of evidence or information

pursuant to this Act may lead to the grave endangerment

of

the

security

of

a

witness for his/her family, the

prosecution may, for the purposes of any proceedings

conducted prior to the commencement of the trial,

withhold

such

evidence

or

information

and instead

submit a summary thereof. Such measures shall be

exercised in a manner which is not prejudicial to or

inconsistent with the rights of the accused and to a fair

and impartial trial.

Section 14. Reparations to Victims. - In addition to

existing provisions in Philippine law and procedural rules

for reparations to victims, the following measures shall be

undertaken:

(a) The court shall follow the principles relating to the

reparations

to,

or

in

respect

of,

victims,including

restitution,

compensation

and

rehabilitation. On this

basis, in its decision, the court may, wither upon request

or on its own motion in exceptional circumstances,

determine the scope and extent of any damage, loss and

injury to, or in respect of, victims and state the principles

on which it is acting;

(b) The court may make an order directly against a

convicted person specifying appropriate reparations to, or

in respect of, victims, including restitution, compensation

and rehabilitation; and

(c) Before making an order under this section, the court

may invite and shall take account of representations from

or on behalf of the convicted person, victims or other

interested persons.

Nothing in this section shall be interpreted as prejudicing

the rights of victims under national or international law.

CHAPTER VII Applicability of International Law and

Other Laws

Section 15. Applicability of International Law .- In the

application and interpretation of this Act, Philippine

courts shall be guided by the following sources:

(a) The 1948 Genocide Convention;

(b)

The

1949

Geneva

Conventions

I-IV,

their

1977

Additional Protocols I and II and their 2005 Additional

Protocol III;

(c) The 1954 Hague Convention for the Protection of

Cultural Property in the Event of Armed Conflict, its First

Protocol and its 1999 Second Protocol;

(d) The 1989 Convention on the Rights of the Child and its

2000 Optional Protocol on the Involvement of Children in

Armed Conflict;

(e) The rules and principles of customary international

law;

(f) The judicial decisions of international courts and

tribunals;

© Compiled By RGL

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