2024 Criminal Law, Q1

In 2019, government-sponsored militias in Sudan known as “Janjaweed” conducted a campaign of slaughter, starvation, rape, and kidnapping of a certain racial and ethnic group. An estimated 1,000,000 people were systematically killed and 300,000 families have been displaced. In August 2024, Maverick, a known leader of Janjaweed, was spotted in Boracay. Maverick was criminally charged for the widespread and systematic attacks directed against the civilian population. The Regional Trial Court (RTC) then issued a warrant of arrest. Maverick challenged the jurisdiction of the RTC to prosecute the offense since none of his actions was committed in the Philippines, and none of the alleged victims is a Filipino citizen. Can Maverick be prosecuted in the Philippines? Explain.

Quick check

Why can Maverick be prosecuted in the Philippines for crimes against humanity committed in Sudan?

Under Section 17 of Republic Act No. 9851, which of the following grounds vests Philippine courts with jurisdiction over international crimes committed abroad?

What essential element distinguishes crimes against humanity under Section 6 of RA 9851 from ordinary crimes under the Revised Penal Code?

Which principle of international law allows domestic courts to prosecute certain grave crimes regardless of where they were committed or the nationality of the parties?

Under RA 9851, what court has original and exclusive jurisdiction to try cases involving crimes against humanity?

Learn more about these topics

1. Universal Jurisdiction
Under Section 17 of Republic Act No. 9851, the Philippines exercises extraterritorial jurisdiction over international crimes, including crimes against humanity, war crimes, and genocide, regardless of where they were committed. This statutory grant of universal jurisdiction allows Philippine courts to prosecute foreign perpetrators for atrocity crimes committed abroad against foreign victims. Jurisdiction attaches provided that certain statutory nexus conditions are satisfied, most notably when the accused is physically present within Philippine territory, thereby preventing the country from becoming a safe haven for international criminals.

2. Crimes Against Humanity
Section 6 of Republic Act No. 9851 defines crimes against humanity as specific acts—such as willful killing, extermination, torture, rape, sexual slavery, and persecution—when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack. Unlike ordinary crimes under the Revised Penal Code, crimes against humanity are recognized as offenses against the international community as a whole. Consequently, their prosecution is governed by specialized statutory provisions and international legal principles incorporated into domestic law.

3. Physical Presence Requirement
Under Republic Act No. 9851, physical presence of the accused in the Philippines is an independent basis for Philippine courts to assume jurisdiction over international crimes committed abroad. Section 17 explicitly provides that Philippine courts acquire jurisdiction if the offender is present in the Philippines, even if the offense was committed entirely outside Philippine territory, neither the offender nor the victims are Filipino citizens, and the crime was not committed against national security. The presence of the suspect within Philippine jurisdiction triggers the state obligation to try or extradite.

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The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

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