Human Rights-Based Intelligence Operations - Commission on ...

ARMED FORCES OF THE PHILIPPINES 

Camp General Emilio Aguinaldo, Quezon City 

Philippines 

<strong>Human</strong> <strong>Rights</strong>-<strong>Based</strong> <strong>Intelligence</strong> <strong>Operations</strong> 

Rules of Behavior for Military <strong>Intelligence</strong> Personnel 

Guidebook

Copyright © 2011 

Published by 

The Office of the Deputy Chief of Staff for <strong>Intelligence</strong>, J2 

ISAFP Compound, Camp General Emilio Aguinaldo, Quezon City 

This publication should be cited as 

HR-BIO (2011) 

All <strong>Rights</strong> Reserved

A C K N O W L E D G M E N T 

The Project Management Team owes its deepest gratitude to God Almighty, for the 

strength and wisdom He bestowed in the completion of this Guidebook. 

This publication would not have been possible without the guidance and help of 

several individuals who, in one way or another, contributed and extended their wisdom and 

insights in the preparation and completion of this Guidebook. We would like to recognize 

the Officers, Enlisted Personnel and Civilian Personnel of the Office of the Deputy Chief of 

Staff for <strong>Intelligence</strong>, J2, under the leadership of MGen Francisco N CRUZ Jr AFP, who 

conceptualized this noble project as part of J2’s human rights advocacy. 

We also acknowledge the significant contributions of the <strong>Commission</strong> on <strong>Human</strong> 

<strong>Rights</strong> under Chairperson Loretta Ann P ROSALES; the International Committee of 

the Red Cross through Atty. Evecar CRUZ; and the AFP <strong>Human</strong> <strong>Rights</strong> Office headed 

by Col Domingo J TUTAAN Jr for their invaluable assistance. 

We likewise extend our utmost gratitude to the Honorable Secretary of National 

Defense Voltaire T GAZMIN, AFP Chief of Staff LtGen Eduardo SL OBAN Jr, AFP Vice 

Chief of Staff LtGen Reynaldo B MAPAGU and The Deputy Chief of Staff, AFP MGen 

Anthony J ALCANTARA for their unwavering support to this shared endeavor. 

understanding. 

Our special thanks to our families and friends for the unconditional love, support and 

The Project Management Team

THE SOLDIER’S RULE 

Be a disciplined soldier. 

Disobedience of the laws of war dishonors your army and yourself and causes unnecessary 

suffering; far from weakening the enemy’s will to fight, it often strengthens it. 

Fight only enemy combatants and attack only military objectives. 

Destroy no more than your mission requires. Do not fight enemies who are “out of combat” 

or who surrender. Disarm them and hand them over to your superior. 

Collect and care for the wounded and sick, be they friend or foe. 

Treat all civilians and all enemies in your power with humanity. Prisoners of war must be 

treated humanely and are bound to give only information about their identity. No physical 

or mental torture of prisoners of war is permitted. Do not take hostages. 

Abstain from all acts of vengeance. 

Respect all persons and objects bearing the emblem of the Red Cross, Red Crescent, Red 

Lion-and-Sun, the white flag of truce or emblems designating cultural property. Respect 

other people’s property. Looting is prohibited. 

Endeavor to prevent any breach of the above rules. 

Report any violation to your superior. Any breach of laws is punishable.

<strong>Human</strong> <strong>Rights</strong> - <strong>Based</strong> 

<strong>Intelligence</strong> <strong>Operations</strong> 

Guidebook 

2011 

OFFICE OF THE DEPUTY CHIEF OF STAFF FOR INTELLIGENCE 

ARMED FORCES OF THE PHILIPPINES 


Philippines

Republic of the Philippines 

<strong>Commission</strong> on <strong>Human</strong> <strong>Rights</strong> 

Office of the Chairperson 

M E S S A G E 

On behalf of the <strong>Commission</strong> on <strong>Human</strong> <strong>Rights</strong> (CHR), I would like to congratulate the Armed 

Forces of the Philippines, through the Office of the Deputy Chief of Staff for <strong>Intelligence</strong>, J2 for 

coming up with this manual entitled <strong>Human</strong> <strong>Rights</strong>-<strong>Based</strong> <strong>Intelligence</strong> <strong>Operations</strong> Guidebook 

(Rules of Behavior for Military <strong>Intelligence</strong> Personnel). 

This Guidebook is timely and relevant amid reports of human rights violations attributed to 

the military. It serves to reaffirm the AFP’s commitment to anchor security and intelligence 

operations on a firm human rights framework. 

<strong>Intelligence</strong> work is a fundamental component of military operations. Information, after all, is 

power. <strong>Human</strong> rights is needed to ensure that the process and outcome of such vital operations 

do not exceed the limits set by our democratic and republican system. <strong>Human</strong> rights secure 

the rule of law even as the rule of law guarantees the enjoyment of human rights by all and 

in all circumstances. The <strong>Commission</strong> lauds the Department of National Defense and the 

AFP <strong>Intelligence</strong> Community for this noble endeavor and looks forward to a more dynamic 

collaborative relationship with the State Security Sector as we continue to chart the way for a 

just, humane and prosperous Philippine society. 

LORETTA ANN P. ROSALES 

Chairperson

Republic of the Philippines 

Department of National Defense 

Office of the Secretary 

M E S S A G E 

Winning the peace and securing the country mean more than protecting the people and the 

State. These also mean giving primacy to <strong>Human</strong> <strong>Rights</strong> (HR), the International <strong>Human</strong>itarian 

Law (IHL) and the Rule of Law (RoL). Being the defender of the people, the AFP must uphold 

human rights and adhere to the IHL and the RoL at all times. 

I therefore find the publication of this “<strong>Human</strong> <strong>Rights</strong>-<strong>Based</strong> <strong>Intelligence</strong> <strong>Operations</strong> Guidebook 

(Rules of Behavior)” auspicious and in line with the implementation of the new AFP Internal 

Peace and Security Plan “Bayanihan.” 

This Guidebook will help deepen the commitment and awareness of the soldiers to promote and 

protect human rights which, in turn, will contribute immensely to win the campaign against 

insurgency and terrorism. 

Military intelligence operations are deemed vital in ensuring national security. In the performance 

of this mission, Rules of Behavior are absolutely necessary. These Rules should be strictly 

adhered to and upheld by all elements, personnel and units involved in intelligence operations. 

I congratulate the Office of the Deputy Chief of Staff for <strong>Intelligence</strong>, J2 for coming up with 

this easy-to-read, concise and informative guide to our intelligence personnel in the furtherance 

of their duties. This will certainly go a long way in transforming the intelligence community 

into a more professional, highly-capable and human rights-based organization. 

VOLTAIRE T GAZMIN 

Secretary

Chief of Staff 

Armed Forces of the Philippines 


M E S S A G E 

The constitutional mandate of the Armed Forces of the Philippines is to protect the people and the State which 

entails the preservation and promotion of human rights. In carrying out this constitutional mandate, it is the 

responsibility of each and every military personnel to be adept in putting principles of human rights into practice. 

Through a people-centered strategy and the whole-of-nation approach, this is a feat that the AFP continuously 

strives for in order to win the peace. 

With the rapid advancement of communications technology, the application of human rights principles in 

intelligence operations has never been more crucial in pursuing the overall goal of winning the peace. Modern 

technology has enabled the AFP to gather critical and timely intelligence in aid of decision-making in national 

security matters and in support to law-enforcement operations. However, this capability, if unrestrained, can 

encroach on these rights instead of protecting them. Other circumstances that would require intelligence personnel 

to weigh the need to accomplish a mission and to resort to the use of force may also arise. Thus, it is of utmost 

importance that human rights principles and international humanitarian law and the adherence to the rule of law 

are placed at the center of intelligence operations. 

The crafting of this “<strong>Human</strong> <strong>Rights</strong>-<strong>Based</strong> <strong>Intelligence</strong> <strong>Operations</strong> Guidebook (Rules of Behavior for Military 

<strong>Intelligence</strong> Personnel)” is certainly a laudable achievement. It stems from the recognition that human rights are 

inherent in the practice of intelligence operations. 

I would like to commend the Office of the Deputy Chief of Staff for <strong>Intelligence</strong>, J2 for spearheading the publication 

of the Guidebook which highlights essential principles that every intelligence personnel must understand during 

intelligence operations. These rules of behavior do not only enhance the capability of intelligence personnel in 

protecting the people but also serve as a guide in preventing the commission of human rights violations. 

EDUARDO SL OBAN JR 

General 

AFP

Office of the Deputy Chief of Staff 

for <strong>Intelligence</strong>, J2 

Armed Forces of the Philippines 

M E S S A G E 

This “<strong>Human</strong> <strong>Rights</strong>-<strong>Based</strong> <strong>Intelligence</strong> <strong>Operations</strong> Guidebook (Rules of Behavior for Military 

<strong>Intelligence</strong> Personnel)” provides the general rule in carrying out intelligence operations 

highlighting our solemn duty to adhere to the basic principles of human rights and the 

International <strong>Human</strong>itarian Law (IHL). 

The publication of this Guidebook is a modest contribution of the Office of the Deputy Chief of Staff 

for <strong>Intelligence</strong>, J2 in implementing the new thrust of the AFP to institutionalize human rights 

protection in all its policies, programs and operations. In the words of our Chief of Staff, General 

Oban…“Rather than simply thinking of what our operations would do to insurgents’ military 

capabilities, we also consider the effect of our operations on the lives of the people. As protectors of the 

people, we must ensure that we do not endanger them. We must, at all times, give utmost respect to 

human rights, adhere to the International <strong>Human</strong>itarian Law, and follow the Rule of Law.” 

I therefore enjoin the personnel of the <strong>Intelligence</strong> Community to read and learn by heart the 

contents of this Guidebook, bearing in mind that professional soldiers are not only guardians of 

our people and our country, but also peace and human rights advocates. 

FRANCISCO N CRUZ JR 

MGen 

AFP

The Soldier’s Rule 

Messages 

Foreword 

Introduction 1 

Chapter 1 

<strong>Human</strong> <strong>Rights</strong> and International 

<strong>Human</strong>itarian Law 3 

1.1 Bill of <strong>Rights</strong> 4 

1.2 Universal Declaration of <strong>Human</strong> <strong>Rights</strong> 6 

1.3 International <strong>Human</strong>itarian Law (IHL) 9 

Chapter 2 

Adherence to <strong>Human</strong> <strong>Rights</strong> 

and International <strong>Human</strong>itarian Law 15 

2.1 Accountability in <strong>Human</strong> <strong>Rights</strong> Violations: 16 

Command Responsibility 

2.2 <strong>Human</strong> <strong>Rights</strong> and International 19 

<strong>Human</strong>itarian Law in the Peace Process 

2.3 List of Legal Remedies in Cases of 23 

Enforced Disappearances and 

Extra-Judicial Killings

Table of Contents 

Chapter 3 

<strong>Human</strong> <strong>Rights</strong> in <strong>Intelligence</strong> <strong>Operations</strong> 25 

3.1 Guiding Principles in 26 


3.2 Rules of Behavior in Support 28 

to Law Enforcement <strong>Operations</strong> 

3.3 Rules of Behavior in Information 33 

Collection and Investigation 

3.4 Guidelines on Handling of Person 37 

Arrested and Under Custodial 

Investigation 

3.5 Guidelines on the Use of Firearms 38 

3.6 Guidelines on Children Involved 39 

in Armed Conflict 

References

Introduction 

Through the years, the AFP <strong>Intelligence</strong> Community 

(AFPIC) has strived to become a highly capable, dynamic and 

unified military institution committed to excellence in providing 

timely, accurate and relevant intelligence at all levels of Command 

for the accomplishment of the AFP Mission. 

In pursuit of this goal, the AFPIC recognizes the need to gain 

the trust and support of our people, for <strong>Intelligence</strong> is in itself ‘about 

people and the study of people’. It is imperative for them to know that 

military intelligence personnel, in the performance of their inherent 

tasks, are governed by rules and procedures that would ensure the 

protection of human rights and civil liberties. 

The Office of the Deputy Chief of Staff for <strong>Intelligence</strong> J2 

is publishing this “<strong>Human</strong> <strong>Rights</strong>-<strong>Based</strong> <strong>Intelligence</strong> <strong>Operations</strong> 

Guidebook (Rules of Behavior for Military <strong>Intelligence</strong> Personnel)” 

with this objective in mind, to broaden the public’s understanding of 

our mission and challenges, and to help us become better and stronger 

partners committed to serve and defend our country. 

Designed to further harmonize all intelligence operations 

with the principles of human rights and International <strong>Human</strong>itarian 

Law (IHL), this Guidebook is one of the contributions of the AFPIC 

to the Internal Peace and Security Plan (IPSP) “Bayanihan” of the 

AFP and to the Security Sector Reform Agenda of the Commanderin-Chief, 

President Benigno S Aquino III. 

The essential characteristics of this Guidebook can be best 

expressed by the acronym: AFPCARES 

1

AFPCARES 

Adherence to International <strong>Human</strong>itarian Law and the Rule of Law 

The AFPIC strictly adheres to the Constitution and the principles of the International <strong>Human</strong>itarian 

Law. 

Focused in the Conduct of <strong>Intelligence</strong> <strong>Operations</strong> 

<strong>Intelligence</strong> operations shall be conducted only against known military targets and armed insurgents. 

Focused operations can save resources, reduce collateral damage and produce greater results. 

Indiscriminate operations are prohibited. 

People-Centered 

The welfare of the people is the primordial consideration in every military operation. People-centered 

security strategy promotes trust and confidence and builds partnership with all stakeholders for a 

common goal towards peace and progress. 


<strong>Intelligence</strong> as a command responsibility dictates that a commander is duty-bound to closely monitor, 

supervise, coordinate and control the overall activities of his subordinates to ensure that intelligence 

operations are carried out within the legal framework. 

Advocating the AFP IPSP “Bayanihan” 

The guidebook advocates the concepts laid down by the AFP IPSP 2011 as part of the strategic 

approach in initiating reforms. 

Respect for <strong>Human</strong> <strong>Rights</strong> 

Respect for human rights in every aspect of intelligence operations is the main thrust of the AFPIC. 

Transforming the intelligence personnel into a human rights advocate will aid in “Winning the 

Peace.” 

Engaging Stakeholders 

<strong>Human</strong> rights advocacy involves engaging stakeholders to promote reforms and foster partnership. The 

AFP treats the Non-Governmental Organizations, Civil Society Organizations and other sectors of 

the community as “collaborators for peace.” 

Security Sector Reform 

In compliance with the Commander-in-Chief ’s national agenda for Security Sector Reform (SSR), 

the AFPIC will initiate reforms by including the principles of human rights in every intelligence 

operations. <strong>Intelligence</strong> personnel should adhere to the principles of HR, IHL and Revised Penal 

Code with primary consideration on the rule of law. 

2

CHAPTER 1 

<strong>Human</strong> <strong>Rights</strong> & 

International <strong>Human</strong>itarian Law 

3

1.1 Bill of <strong>Rights</strong> 

The Armed Forces of the Philippines, in the 

performance of its duty as the protector of 

the people, must at all times, guarantee the 

protection and preservation of human rights. 

Hence, intelligence personnel must be familiar 

with the following provisions in the Bill of 

<strong>Rights</strong>: 

Section 1. No person shall be deprived of 

life, liberty, or property without due process 

of law, nor shall any person be denied the 

equal protection of the laws. 

Section 2. The right of the people to be secure 

in their persons, houses, papers, and effects 

against unreasonable searches and seizures 

of whatever nature and for any purpose shall 

be inviolable. 

Section 3. (1) The privacy of communication 

and correspondence shall be inviolable 

except upon lawful order of the court, or when 

public safety or order requires otherwise, as 

prescribed by law. 

(2) Any evidence obtained in violation 

of this or the preceding section shall 

be inadmissible for any purpose in any 

proceeding. 

Section 4. No law shall be passed abridging 

the freedom of speech, of expression, or of the 

press, or the right of the people to peaceably 

assemble and petition the government for 

redress of grievances. 

Section 5. No law shall be made respecting 

an establishment of religion, or prohibiting 

the free exercise thereof. The free exercise and 

enjoyment of religious profession and worship, 

without discrimination or preference, shall 

forever be allowed. 

Section 6. The liberty of abode and of 

changing the same within the limits 

prescribed by law shall not be impaired 

except upon lawful order of the court. Neither 

shall the right to travel be impaired except in 

the interest of national security, public safety, 

or public health, as may be provided by law. 

Section 8. The right of the people, including 

those employed in the public and private 

sectors, to form unions, associations, or 

societies for purposes not contrary to law 

shall not be abridged. 

4


Section 12. (1) Any person under 

investigation for the commission of an 

offense shall have the right to be informed 

of his right to remain silent and to have 

competent and independent counsel 

preferably of his own choice. 

(2) No torture, force, violence, threat, 

intimidation, or any other means which 

vitiate the free will shall be used against 

him. Secret detention places, solitary, 

incommunicado, or other similar forms 

of detention are prohibited. 

(3) Any confession or admission obtained 

in violation of this or Section 17 hereof 

shall be inadmissible as evidence against 

him. 

Section 14. (1) No person shall be held to 

answer for a criminal offense without due 

process of law. 

(2) In all criminal prosecutions, the 

accused shall be presumed innocent until 

the contrary is proved, and shall enjoy the 

right to be heard by himself and counsel, 

to be informed of the nature and cause of 

the accusation against him. 

Section 15. The privilege of the writ of 

habeas corpus shall not be suspended except 

in cases of invasion or rebellion, when the 

public safety requires it. 

Section 17. No person shall be compelled 

to be a witness against himself. 

Section 18. No person shall be detained 

solely by reason of his political beliefs and 

aspirations. 

Section 19. The employment of physical, 

psychological, or degrading punishment 

against any prisoner or detainee or the use 

of substandard or inadequate penal facilities 

under subhuman conditions shall be dealt 

with by law. 

“<strong>Human</strong> rights are 

needed to ensure 

that the process and 

outcome of such 

vital operations do 

not exceed the limits 

set by democratic 

and 

republican 

system. When it comes to state activities 

that affect the freedoms every person is 

entitled to have, human rights serve to 

trump all other considerations. As a system 

of rules having the force of law by virtue 

of our constitutional framework, human 

rights should inform the behavior of each 

intelligence personnel.” 

— Loretta Ann Rosales 

Chairperson 

<strong>Commission</strong> on <strong>Human</strong> <strong>Rights</strong> 

5

1.2 Universal Declaration of <strong>Human</strong> <strong>Rights</strong> 

The experiences during World War II led to 

the adoption by the United Nations General 

Assembly of the Universal Declaration of 

<strong>Human</strong> <strong>Rights</strong> (UDHR) on December 10, 

1948. 

The document laid the expression of rights to 

which all human beings are inherently entitled 

and ensures that the States, in the exercise 

of their sovereign power, will not commit 

human rights atrocities resembling those that 

proliferated during the Second World War. 

The Universal Declaration of <strong>Human</strong> <strong>Rights</strong> 

as adopted by all member- states of the United 

Nations for the protection and preservation of 

human rights is recognized as an obligation of 

all states, including the Philippines. 

The UDHR serves as the foundation for a 

new international order that embraces the 

protection and preservation of fundamental 

rights of human beings without discrimination 

to race, color, sex, language, religion, political 

or other opinion, national or social origin, 

property, birth or other status. 

Eleanor Roosevelt regarded the Universal Declaration 

of <strong>Human</strong> <strong>Rights</strong> as her greatest accomplishment. 

“Where, after all, do universal human rights begin In 

small places, close to home - so close and so small that they 

cannot be seen on any maps of the world. Yet they are the 

world of the individual person; the neighborhood he lives 

in; the school or college he attends; the factory, farm, or office 

where he works. Such are the places where every man, 

woman, and child seeks equal justice, equal opportunity, 

equal dignity without discrimination. Unless these rights 

have meaning there, they have little meaning anywhere. 

Without concerted citizen action to uphold them close 

to home, we shall look in vain for progress in the larger 

world.” 

- Eleanor Roosevelt 

Chairperson, UN <strong>Commission</strong> on HR 

(Adoption of Universal Declaration of <strong>Human</strong> <strong>Rights</strong> 

by the General Assembly of United Nations, December 

10, 1948) 

6


Fundamental Principles of the UDHR 

Universality & Inalienability 

<strong>Rights</strong> that belong to and are entitled to all human beings by virtue of their inherent 

dignity and without distinction of any kind or race, color, sex, language, religion, 

political belief, national or social origin, property, birth or status. <strong>Human</strong> rights 

cannot be taken away from an individual. 

Indivisibility & Interdependence 

The respect for human rights covers all aspects of a person whether it is his civil, political, 

economic and cultural rights. Each category is interrelated and interdependent as the 

fulfillment of one’s human rights requires the fulfillment of others. 

Equality & Non-Discrimination 

All individuals are equal as human beings and by virtue of their inherent dignity. No 

one should be subject to discrimination on grounds such as race, color, sex, ethnicity, 

age, language, religion and others. 

Empowerment & Participation 

<strong>Human</strong> rights enable and empower individuals to effectively contribute to the society 

and simultaneously realize their maximum potential in a society in which human 

rights are respected. The fulfillment of human rights requires the participation and 

contribution of individuals in the society. 

Accountability & Rule of Law 

The State and other duty-bearers are responsible for protecting and preserving human 

rights. In fulfillment of this duty, the State is answerable for the observance of human 

rights and must comply with standards, laws and policies. 

7

Guidebook 

The <strong>Human</strong> <strong>Rights</strong>-<strong>Based</strong> <strong>Intelligence</strong> 

<strong>Operations</strong> Guidebook is a direct application 

of the inherent rights embraced in the 

Universal Declaration of <strong>Human</strong> <strong>Rights</strong>. 

Thus, in the performance of assigned tasks, 

intelligence personnel must be conversant 

with the rights that are entitled to each human 

being. Pertinent rights are enumerated in the 

following (UDHR, 1948): 

1. All human beings are born free and equal in 

dignity and rights. 

2. Everyone is entitled to rights and freedoms 

without distinction of any kind, such as 

race, color, sex, language, religion, political 

affiliation or opinion, national or social origin, 

property, birth or any other status. 

3. Everyone has the right to life, liberty and 

security of person. 

4. No one shall be held in slavery or servitude; 

slavery and the slave trade shall be prohibited 

in all their forms. 

5. No one shall be subjected to torture or to 

cruel, inhuman or degrading treatment or 

punishment. 

6. Everyone has the right to be recognized 

everywhere as a person before the law. 

7. All are equal before the law and are entitled 

without any discrimination to equal protection 

of the law. 

8. Everyone has the right to an effective 

remedy by the competent national court for 

acts violating the fundamental rights granted 

him by the Constitution or by the law. 

9. No one shall be subjected to arbitrary arrest, 

detention or exile. 

10. Everyone is entitled in full equality to a 

fair and public hearing by an independent 

and impartial court in the determination of 

his rights and obligations and of any criminal 

charge against him. 

11. Everyone charged with a penal offense 

has the right to be presumed innocent until 

proven guilty. 

12. No one shall be subjected to arbitrary 

interference with his privacy, family, home or 

correspondence, nor to attacks upon his honor 

and reputation. Everyone has the right to the 

protection of the law against such interference 

or attacks. 

13. Everyone has the right to freedom of 

movement and residence within the borders 

of each state. 

8

1.3 International <strong>Human</strong>itarian Law 

Fundamental Principles of 


1. Principle of Distinction 

Parties to the conflict shall at all times 

distinguish between the civilian population 

and combatants, and between civilian objects 

and military objectives and, accordingly, shall 

direct their operations only against military 

objectives. 

2. Principle of Proportionality 

The actual damage that is caused by attacking 

a military target must not be larger than the 

calculated military advantage. 

3. Principle of Military Necessity 

The only legitimate objective, which states 

should endeavor to accomplish during war, is 

to weaken the military forces of the enemy; 

that for this purpose, it is sufficient to disable 

the greatest possible number of men. 

(http://www.icrc.org) 

Implementation of 


The 1949 Geneva Conventions and their 

Additional Protocols are international 

treaties which serve as the core of international 

humanitarian law, a part of the body of 

international law that governs the behavior 

of states during warfare and internal armed 

conflict. However, treaties of IHL, to be 

universally accepted must be formally 

adopted by a State through ratification or 

accession. After which, a State must then 

enact a national legislation and take practical 

measures in order for the rules to be fully 

effective. 

The Philippines ratified the Geneva 

Conventions of 1949 on October 6, 1952 and 

signed the following Additional Protocols on 

December 12, 1977: Protocol I which applies 

to the protection of victims of international 

armed conflicts and Protocol II which 

deals with the protection of victims of noninternational 

armed conflicts. On December 

11, 1986, the Philippines ratified Protocol II. 

9

Guidebook 

The Philippine government enacted Republic 

Act 9851, otherwise known as the “Philippine 

Act on Crimes Against International 

<strong>Human</strong>itarian Law and Genocide and 

Other Crimes Against <strong>Human</strong>ity,” which 

mandates both state and non-state armed 

groups to observe international humanitarian 

law standards, giving victims of war crimes, 

genocide, and crimes against humanity legal 

remedy. The salient provisions of Republic 

Act 9851 are as follows: 

1. International law as part of the domestic 

law 

The Philippines adopts the generally accepted 

principles of international law as part of 

the law of the country, including the 

Hague Conventions of 1907, the Geneva 

Conventions on the protection of victims 

of war and international humanitarian law. 

(Section 2d, RA 9851) 

2. Universal jurisdiction of the crime 

The law provides that Philippine Regional 

Trial Courts (RTC) shall have the original 

and exclusive jurisdiction over persons who 

commit international crimes punishable 

under this law, whether military or civilian, 

suspected or accused of the crimes defined and 

penalized under this law. (Section 17, Chapter 

VIII, RA 9851) 

3. Non-prescription of the offense 

The crimes defined and penalized under this 

law, their prosecution, and the execution of 

sentences imposed on their account, shall not 

be subject to any prescription. (Section 11, 

Chapter 5, RA 9851) 

4. Liability of non-state actors 

The law lays down the rules which are 

applicable to both State and non-State actors. 

Hence, CNN, MILF, MNLF, ASG and other 

armed threat groups in the country may also 

be held individually criminally liable for 

grave breaches of the Geneva Conventions 

and of Additional Protocol I, and for other 

serious violations of IHL in non-international 

armed conflicts. 

5. War crimes or crimes against IHL 

In case of a non-international armed conflict, 

“war crimes” are any of the following acts 

committed against persons taking no active 

part in the hostilities, including members of 

the armed forces who have laid down their arms 

and those placed hors de combat by sickness, 

wounds, detention or any other cause: 

a. Violence to life and person, in particular, 

willful killings, mutilation, cruel treatment 

and torture; 

b. Committing outrages upon personal 

dignity, in particular, humiliating and 

degrading treatment; 

c. Taking of hostages; and, 

10


d. The meting out of sentences and 

the carrying out of executions without 

previous judgment pronounced by a 

regularly constituted court. 

Other serious violations of the laws and 

customs applicable in armed conflict, within 

the established framework of international 

law, are as follows: 

a. Intentionally directing attacks 

against the civilian population or against 

individual civilians not taking direct part 

in hostilities; 

b. Intentionally directing attacks against 

civilian objects which are not military 

objectives; 

c. Intentionally directing attacks against 

buildings, materials, medical units 

and transport, and personnel using 

the distinctive emblems of the Geneva 

Conventions or Additional Protocol III 

in conformity with international law; 

d. 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, longterm 

and severe damage to the natural 

environment which would be excessive in 

relation to the concrete and direct military 

advantage anticipated; 

e. 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 

death or serious injury to body or health; 

f. Attacking or bombarding, by whatever 

means, towns, villages, dwellings or 

buildings which are undefended and which 

are not military objectives, or making nondefended 

localities or demilitarized zones 

the object of attack; 

g. 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 his/ 

her discretion; 

h. 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; 

i. 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; 

j. Subjecting persons who are in the power 

of an adverse party, to physical mutilation 

or to medical or scientific experiments of 

11

Guidebook 

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; 

k. Killing, wounding or capturing an 

adversary by resort to perfidy; 

l. Declaring that no quarters will be 

given; 

m. Pillaging a town or place, even when 

taken by assault; 

n. Ordering the displacement of the 

civilian population for reasons related 

to the conflict, unless the security of the 

civilians involved or imperative military 

reasons so demand; 

o. Committing outrages upon personal 

dignity, in particular, humiliating and 

degrading treatments; 

p. Committing rape, sexual slavery, 

enforced prostitution, forced pregnancy, 

enforced sterilization, or any other form 

of sexual violence; 

q. Utilizing the presence of a civilian or 

other protected person to render certain 

points, areas or military forces immune 

from military operations; and, 

r. Committing any of the following acts: 

(1)Conscripting, enlisting or recruiting 

children under the age of fifteen (15) 

years into the national armed forces; 

(2)Conscripting, enlisting or recruiting 

children under the age of eighteen (18) 

years into an armed force or group other 

than the national armed forces; and, 

(3)Using children under the age of 

eighteen (18) years to participate actively 

in hostilities. 

6. Genocide 

“Genocide” means any of the following acts 

with intent to destroy, in whole or in part, a 

national, ethnic, racial, religious, social or any 

other similar stable and permanent group such 

as: 

a. Killing members of the group; 

b. Causing serious bodily or mental harm 

to members of the group; 

c. Deliberately inflicting on the group 

conditions of life calculated to bring 

about its physical destruction in whole or 

in part; 

d. Imposing measures intended to prevent 

births within the group; and, 

e. Forcibly transferring children of the 

12


group to another group. 

7. Other Crimes Against <strong>Human</strong>ity 

“Other Crimes Against <strong>Human</strong>ity” means 

any of the following acts when committed 

as part of a widespread or systematic attack 

directed against any civilian population, with 

knowledge of the attack: 

a. Willful killing; 

b. Extermination; 

c. Enslavement; 

d. Arbitrary deportation or forcible 

transfer of population; 

e. Imprisonment or other severe 

deprivation of physical liberty in violation 

of fundamental rules of international law; 

f. Torture; 

g. Rape, sexual slavery, enforced 

prostitution, forced pregnancy, enforced 

sterilization, or any other form of sexual 

violence of comparable gravity; 

h. Persecution against any identifiable 

group or collectivity on political, racial, 

national, ethnic, cultural, religious, gender, 

sexual orientation or other grounds that 

are universally recognized as impermissible 

under international law, in connection 

with any act referred to in this paragraph 

or any crime defined in this Act; 

i. Enforced or involuntary disappearance 

of persons; 

j. Apartheid; and, 

k. Other inhumane acts of a similar 

character intentionally causing great 

suffering, or serious injury to body or to 

mental or physical health. 

AFP Reaffirmation on the Adherence 

to Principles of IHL and HR 

Further, the Department of National Defense 

and Department of Interior and Local 

Government (DND/DILG) Joint Circular 

Number 2, -91, Providing Implementing 

Guidelines re: Presidential Memorandum 

Order No. 393 dated September 9, 1991, 

Directing the Armed Forces of the Philippines 

(AFP) and the Philippine National Police 

(PNP) to Reaffirm their Adherence to the 

Principles of <strong>Human</strong>itarian Law and <strong>Human</strong> 

<strong>Rights</strong> in the Conduct of Security/Police 

<strong>Operations</strong>, provides for the Rules of Behavior 

for soldiers during security operations in order 

to preclude any abuses against innocent civilians 

and hostile/lawless elements considered out 

of combat to include those who are wounded, 

captured or who surrendered and to reduce 

the destruction that may be inflicted against 

lives and properties, as follows: 

1. Maintain a high level of discipline and 

strictly adhere to the AFP code of honor, 

ethics, loyalty, valor and solidarity. 

13

Guidebook 

2. Exercise utmost restraint and caution 

in the use of armed force to implement 

policies. When the use of armed force is 

inevitable, strict controls must be exercised 

to ensure that only reasonable force 

necessary for mission accomplishment 

shall be taken and shall be directed only 

against hostile elements, not against 

civilians or non-combatants. 

3. Treat suspects and enemies who are out 

of combat (e.g. wounded, surrendered/ 

captured) humanely and with respect 

and shall, at the earliest time possible, 

turn them over to higher echelons of 

command/office for proper disposition. 

4.Inhibit from unnecessary military 

actions that could cause destruction to 

private and public properties. If, in the 

course of legitimate security operations, 

private properties are damaged, measures 

shall be undertaken whenever practicable, 

utilizing available unit’s manpower and 

equipment to repair the damage caused as 

a matter of AFP Civic Action Policy. 

5. Respect all persons and objects bearing 

the emblem of the Red Cross, White Flag 

of Truce or emblems designating cultural 

property. 

Furthermore, GHQ Directive to the 

Commanders of Major Services, Unified 

Commands and AFPWSSUs dated August 

9, 2007 explicitly provides that the AFP never 

has a policy and activity to inflict terror to 

the people but committed to sow just and 

lasting state of peace that will pave way to 

the development of communities around the 

country. With this commitment, the AFP 

will follow the standing rules of engagement, 

ensure the protection of human rights and 

adhere to the international humanitarian law 

under all circumstances. 

“We must understand the role of human rights as 

empowering of individuals and communities. By protecting 

these rights, we can help prevent the many conflicts based on 

poverty, discrimination and exclusion (social, economic and 

political) that continue to plague humanity and destroy 

decades of development efforts. The vicious circle of human 

rights violations that lead to conflicts, which in turn, lead to more violations must be 

broken. I believe we can break it only by ensuring respect for all human rights.” 

- Mary Robinson, former UN High <strong>Commission</strong>er for <strong>Human</strong> <strong>Rights</strong> 

14

CHAPTER 2 

Adherence to <strong>Human</strong> <strong>Rights</strong> & 


15

2.1 Accountability in <strong>Human</strong> <strong>Rights</strong> 

Violations: Command Responsibility 

Command Responsibility refers to the 

“accountability or responsibility of the 

commander of a military force or unit for the 

acts of his men, inclusive of the authority to 

order, direct, prevent or control the acts of his 

men.” (People v Lucero, et. al, GR No. 64323- 

24, May 31, 1999) 

The term “commanders” refers to the 

following: Major Service Commanders, Area 

Commanders, Division Commanders, Brigade 

Commanders, Battalion Commanders, 

Company Commanders, Platoon Leaders and 

Detachment Commanders and their equivalent 

in the PN, PAF and AFPWSSUs. (GHQ, AFP 

Directive on Strict Adherence to the Doctrine 

of Command Responsibility, issued on 04 

February 2007) 

AFP commanders at all levels shall retain 

command responsibility over all their 

personnel, units, and offices detached and 

placed under operational control of other 

commands, officers and agencies. (Sec. 5, 

Administrative Order 219 – Oct 4, 1995) 

<strong>Human</strong> <strong>Rights</strong> matter is a command 

responsibility. Commanders who are proven, 

through due process, to have countenanced 

human rights abuses by way of summarily 

dropping complaints, intimidating the 

complainant and/or witnesses, “cover-up” of 

the incidents, failure to report to superiors, 

and/or shows inaction on the complaint, 

shall be held accountable either as conduct 

unbecoming an officer or as accessory. (GHQ, 

AFP Guidelines on <strong>Human</strong> <strong>Rights</strong> and 

Improvement of Discipline, issued on January 

2, 1989) 

Commanders shall be responsible for the 

conduct and behavior of AFP personnel under 

their control and supervision. They will be 

held accountable under pertinent provisions 

of the Articles of War, or as accessory after 

the fact in cases where they refuse to act, delay 

or otherwise aid or abet the wrongdoing of 

their subordinate who is the subject of a valid 

complaint or warrant of arrest. (DND/DILG 

Joint Circular Number 2-91 dated September 

9, 1991) 

Under the Doctrine of “Command 

Responsibility”, a commander is dutybound 

to closely monitor, supervise, direct, 

coordinate, and control the overall activities of 

his subordinates within his area of operations, 

and can and shall be held administratively 

accountable for neglect of duty in taking 

appropriate action to discipline his men. 

(Executive Order Nr 226, 17 February 1995) 

16


Neglect of Duty under the Doctrine 

of “Command Responsibility” 

The Commander shall be held accountable 

for the neglect of duty if he has knowledge 

that a crime or offense is to be committed, is 

being committed, or has been committed by 

his subordinate, or by others within his area 

of responsibility and, despite such knowledge, 

he did not take preventive or corrective action 

either before, during or immediately after its 

commission.(Section 1, Executive Order 226) 

Presumption of Knowledge 

A Commanding Officer is presumed 

to have knowledge of the commission of 

irregularities or criminal offenses within his 

area of responsibility in any of the following 

circumstances: 

1. When the irregularities or illegal acts are 

widespread within his area of jurisdiction; 

2. When the irregularities or illegal acts are 

repeatedly or regularly committed within 

his area of responsibility; or 

3. When members of his immediate staff or 

office personnel are involved. 

[Section 2, Executive Order 226] 


under RA 9851 

Sections 8-12, RA 9851 provide that a superior 

shall be criminally responsible as a principal 

for crimes committed by subordinates under 

his/her effective command and control, or 

effective authority and control, as a result of 

his/her failure to properly exercise control 

over such subordinates, where: 

1. He/she either knew or, owing to the 

circumstances at the time, should have 

known that his/her subordinates were 

committing; and, 

2. He/she 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 10, RA 9851) 

Duties of the Commanding Officer 

1. Undertake Corrective Measures on any 

Misconduct Committed by AFP Personnel 

Commanders shall ensure that all participants 

in security operations shall be briefed and 

debriefed before and after every operation 

to insure proper behavior of personnel and 

understanding of their mission as well as to 

assess the overall impact of the operation 

to AFP goals and objectives and whenever 

necessary immediately undertake corrective 

measures on any misconduct committed by 

AFP personnel. (DND/ DILG Joint Circular 

Number 2-91 dated September 9, 1991) 

17

Guidebook 

2. Take Custody of Erring Personnel 

Upon receipt of an adverse report indicating 

that military personnel under his command 

committed a serious offense, the commander 

shall immediately take custody of subject 

military personnel subject to the provisions 

of EO 106, s-37, and cause the expeditious 

conduct of investigation of such report by an 

appropriate investigating officer, if he is not yet 

under the custody of the police or the regular 

courts. (Para 4d of GHQ Letter-Directive on 

Commander’s Responsibility on Criminal 

and Administrative Cases Involving Military 

Personnel dated Oct 13, 2001) 

All human rights-related incidents allegedly 

committed by members of the AFP in 

the course of security operations shall be 

immediately investigated and, if evidence 

warrants, charges shall be filed in the proper 

courts. Reports of investigation as well as 

actions taken shall be submitted to GHQ 

fifteen (15) days after receipt of information 

about the alleged human rights violation. 

(DND/DILG Joint Circular Number 2-91 

dated September 9, 1991) 

3. Order the Arrest and Confinement or 

Restriction of Offenders 

To immediately order the arrest and 

confinement of military personnel who 

commit, are actually committing, or have 

been charged for committing a grave offense 

pursuant to Articles of War # 70 - Arrest and 

Confinement. If arrest or confinement is 

made without prior investigation or formal 

charges filed immediately upon arrest or 

confinement, investigation shall be initiated 

and completed not later than eight (8) 

calendar days after the arrest and confinement 

to determine the existence of prima facie 

evidence to justify his continuous confinement, 

restriction to limits or custody under a 

responsible officer. (Para 4b of GHQ Letter- 

Directive on Commander’s Responsibility on 

Criminal and Administrative Cases Involving 

Military Personnel dated Oct 13, 2001) 

Disciplinary Punishment 

The imposition and enforcement of a 

disciplinary punishment for any act/omission 

that resulted in a human rights violation is 

a Commander’s responsibility. Failure to 

punish the offender means that he tolerated 

the act of his subordinates. 

It is vital that disciplinary punishment 

should be imposed in case of a violation. 

The imposition of punishment growing out 

of the same act/omission shall not be a bar 

to trial by court-martial if higher authorities 

have a reasonable ground to believe that the 

offender is not properly punished. 

No offender shall be punished until a 

thorough and impartial investigation has 

been conducted. This investigation shall 

include inquiry as to the truth of the matter, 

consideration of all circumstances present 

and recommendation made in the interest of 

justice and discipline. 

18

2.2 <strong>Human</strong> <strong>Rights</strong> & 


in the Peace Process 

The Government of the Philippines (GPH) 

recognizes that respect for human rights and 

international humanitarian law is of crucial 

importance and urgent necessity in laying 

the ground for the pursuit of peaceful and 

negotiated settlement with rebel groups; thus, 

has entered into agreements with the National 

Democratic Front (NDF) of the Communist 

Party of the Philippines/New People’s Army 

(CPP-NPA). In support to the government’s 

efforts for the attainment of long and lasting 

peace, the AFPIC strictly adheres to the 

following agreements: 

Comprehensive Agreement on 

Respect for <strong>Human</strong> <strong>Rights</strong> and 


(CARHRIHL) 

The CARHRIHL is the first comprehensive 

agreement in the substantive agenda of the 

peace negotiations which was signed by GPH 

and NDF panels on March 16, 1998 in The 

Hague, Netherlands. 

The CAHRIHL seeks to confront, remedy 

and prevent the most serious human rights 

violations, as well as to uphold, protect and 

promote the full scope of human rights and 

fundamental freedoms, including: 

1. The right of the victims and their families 

to seek justice for violations of human 

rights, including adequate compensation or 

indemnification, restitution and rehabilitation, 

and effective sanctions and guarantees against 

repetition and impunity. 

2. The right to life, especially against 

summary executions (salvagings), 

involuntary disappearances, massacres 

and indiscriminate bombardments of 

communities, and the right not to be subjected 

to campaigns of incitement to violence against 

one’s person. 

3. The right to liberty, particularly against 

unwarranted and unjustified arrest and 

detention and to effectively avail of the 

privilege of the writ of habeas corpus. 

4. The right not to be subjected to physical 

or mental torture, solitary confinement, 

rape and sexual abuse, and other inhuman, 

cruel or degrading treatment, detention and 

punishment. 

19

Guidebook 

5.The right to substantive and procedural due 

process, to be presumed innocent until proven 

guilty, and against self-incrimination. 

6. The right to privacy of communication 

and correspondence, especially against 

intercepting, pilfering and opening of mail 

matters and conducting illegal surveillance 

and information gathering through 

electronic and other means. 

7. The right not to be subjected to forced 

evacuations, food and other forms of 

economic blockades and indiscriminate 

bombings, shellings, strafing, gunfire and 

the use of landmines. (Part III, Art 2, 

CARHRIHL) 

To ensure the compliance of both parties to 

the CARHRIHL, a joint committee was 

formed. The panel committee is composed 

of six members in which each Party has three 

representatives. The peace agreement has a 

monitoring committee whose primary task 

is to review human rights violations that are 

screened by both the GPH and the NDF 

monitoring committee and to determine 

whether these complaints are to be reported 

to the Party that the complaint is filed against. 

The <strong>Commission</strong> on <strong>Human</strong> <strong>Rights</strong> takes 

part in the investigation process when cases 

are filed alongside the GPH monitoring 

committee. The committee is presided by 

representatives of human rights organizations 

that are specifically nominated by each Party. 

(Part V, CARHRIHL). 

Complaint Process in the 

Joint Monitoring Committee 

1. Complaint is received by the Joint 

Secretariat 

2. Forwarded to GPH and NDFP 

3. Screening of complaints for each 

committee (GPH and NDF) 

4. Joint Monitoring Committee (JMC) 

reviews the complaints 

5. JMC shall initiate requests 

or recommendations for the 

implementation of the Agreements to 

the government agencies involved 

6. Investigation of the complaint shall 

be conducted by the party (GPH or 

NDF) concerned 

7. Concerned party shall make recommendations 

to the Negotiating Panel 

8. Appropriate action shall be taken 

based on these recommendations 

20


Joint Agreement on Safety and 

Immunity Guarantees ( JASIG) 

In firm adherence to The Hague Joint 

Declaration and pursuant to the pertinent 

provisions of the Joint Statement signed 

in Breukelen, The Netherlands on June 14, 

1994, the Government of the Republic of 

the Philippines (GPH) and the National 

Democratic Front of the Philippines (NDFP) 

adopted the Joint Agreement on Safety and 

Immunity Guarantees ( JASIG). 

JASIG is a comprehensive agreement between 

the GPH and the NDF that seeks to facilitate 

the peace negotiations, create a favorable 

atmosphere conducive to free discussion and 

movement during the peace negotiations, and 

avert any incident that may jeopardize the 

negotiations. JASIG, which was signed by 

both parties on February 24, 1995, accords 

safety and immunity guarantees to protect 

the rights of negotiators, consultants, staffers, 

security, and other personnel who participate 

in the GPH and NDF peace negotiations. 

Under the JASIG, duly accredited persons 

in possession of documents of identification 

or safe conduct passes are guaranteed free 

and unhindered passage in all areas in the 

Philippines, and in traveling to and from 

the Philippines in connection with the 

performance of their duties in the peace 

negotiations. All accredited persons are 

provided immunity from surveillance, 

harassment, search, arrest, detention, 

prosecution and interrogations or any 

other similar punitive actions due to any 

involvement or participation in the peace 

negotiations. The immunity guarantees cover 

all acts and utterances made in the course of 

the peace negotiations and likewise cover all 

materials, information and data submitted 

to or produced pursuant to these peace 

negotiations. (Para II, JASIG) 

CONTACT NUMBERS 

GPH Monitoring Committee Secretariat 

Joint Monitoring Committee of CARHRIHL 

6F Immaculate Conception 

Multi-Purpose Bldg., 

41 Lantana St., Cubao, Quezon City 

Landline: (02) 725-4621 

E-mail Address: GPHmonitoring@yahoo.com 

AFP <strong>Human</strong> <strong>Rights</strong> Office (AFPHRO) 

Bulwagang Heneral Valdez Bldg., 

General Headquarters 

Camp General Emilio Aguinaldo, 

Quezon City 

(0917) 725-1003 

OPAPP JASIG Desk 

GPH-NDF Panel Secretariat Office, 4F, Agustin 1 

Bldg., Ortigas Ave., Ortigas Center, Pasig City 

Cell phone: (0918) 938-1958 

Landline: (02) 636-0701 loc 827 

Telefax: (02) 638-2295 

AFP JASIG Desk 

OCD, J2, GHQ 

Camp Gen Emilio Aguinaldo, Q.C. 

Cell phone: (0917) 543-6191/ 

(0919) 669-1601 

PNP JASIG Desk 

IOD, ODI, PNP 

2F, NHQ Bldg., Camp Crame, Q.C. 

Cell phone: (0929) 187-6562 

21

Procedures in Apprehending or Challenging 

Personalities if JASIG is in Effect 

1. Inform 

The apprehending officer/challenger should properly inform the “apprehended individual” 

of the basis for such challenge. 

2. Verification 

The “apprehended individual “ must present to the apprehending officer the document 

of identification (DI) which will serve as “safe conduct pass” supporting his/her claim for 

JASIG guarantees. 

3. Submission of Report 

(Letterhead) 

(Phone and Fax Numbers) 

This is to acknowledge that _____________________ with the Document Identification Number ______ is a 

__________ in the GRP-NDFP peace negotiations. 

The above named person is entitled to the safety and immunity guarantees provided under the Joint Agreement 

on Safety and Immunity Guarantees (JASIG) for the duration of the peace negotiations. 

(Seal) 

You are hereby required to facilitate the safe conduct and free passage of the named persons. 

Thank you for you courtesy and assistance. 

____________ 

Chairperson 

Guidebook 

The apprehending officer must submit an incident report to his pertinent JASIG desk 

and its oversight officer within 24 hours from the time of the incident/apprehension. 

The Office of the Presidential Adviser on the Peace Process (OPAPP) JASIG Desk 

must be provided with a copy of said report. 

If the person is eligible for JASIG, the apprehending officer must immediately release 

him/her and provide clearance. A copy of the clearance must be furnished to the AFP/ 

PNP units on the ground and OPAPP JASIG Desk. 

If the person is not eligible for JASIG, the apprehending officer must immediately turn 

him/her over to AFP/PNP units or government agencies for proper processing and 

disposition. A report shall be submitted to the concerned AFP/PNP/OPAPP JASIG 

desks. 

22

2.3 Legal Remedies in Cases of Enforced 

Disappearances & Extra-Judicial Killings 

Writ of Habeas Corpus 

“Habeas corpus” is a Latin phrase which 

literally means “you have the body.” The writ is 

an order to the person in charge of someone’s 

detention to deliver the named person so that 

the court can investigate the legality of his 

imprisonment. Basically, it is a writ directed 

to the person detaining another, commanding 

him to produce the body of the prisoner at 

a designated time and place and explain the 

cause of his detention. The Writ of Habeas 

Corpus generally extends to all cases of illegal 

confinement or detention by which a person is 

deprived of liberty, or the rightful custody of a 

person is withheld from the person entitled to 

it. (http://phbar.org) 

Writ of Amparo 

The Writ of Amparo is of Mexican origin. 

Amparo means protection from the Spanish 

word “Amparar.” It is a remedy available to 

any person whose right to life, liberty, and 

security has been violated or is threatened 

with violation by an unlawful act or omission 

of a public official/employee, or of a private 

individual or entity. (http://en.wikipedia. 

org) 

The writ is issued in cases of extrajudicial 

killings and enforced disappearances or threats 

thereof. (Sec 1, Rule on the Writ of Amparo, 

A.M. No. 07-9-12-SC, 25 Sept 2007) 

In the event that the Writ of Amparo is issued 

against any member of the AFP, by the Supreme 

Court, Court of Appeals, Sandiganbayan or 

any Justice of such court, and the Regional 

Trial Court, the following rules of action shall 

be strictly followed by the units concerned 

as provided by the AFP Policy Directive on 

Actions and Defense under the Rule on the 

Writ of Amparo dated Dec. 17, 2007: 

1. To verify the identity of the aggrieved 

party; 

2. To recover and preserve evidence related 

to the death or disappearance of the person 

identified in the petition or whose right to 

life, liberty or security is threatened with 

violation of an unlawful act or omission as 

alleged in the petition that may aid in the 

prosecution of the person/s responsible; 

3. To identify witnesses and obtain 

statements from them concerning the 

death or disappearance; 

23

Guidebook 

4. To determine the cause, manner, location 

and the time of death or disappearance 

as well as any pattern or practice that 

may have brought about the death or 

disappearance; 

5. To identify and apprehend the person/s 

involved in the death or disappearance; 

and, 

6. To bring the suspected offenders before 

a competent court. 

Writ of Habeas Data 

The Writ of Habeas Data is a remedy available 

to any person whose right to privacy in life, 

liberty or security is violated or threatened by 

an unlawful act or omission of a public official 

or private individual. The writ of habeas data 

enables the petitioner to invoke the right to 

privacy and right to information. 

In Latin America, the writ has been used to 

enable the petitioner to obtain information 

about himself from public or private 

records. This has been particularly useful in 

cases of extrajudicial killings and enforced 

disappearances as the families of victims could 

demand undisclosed information. In cases 

where data about the petitioner has been 

falsified, the petitioner can use the writ of 

habeas data to correct the data. 

The writ can also be used to invoke the right 

to privacy. The writ enables a person to know 

the purpose in which the data about himself is 

being collected. (A.M. No. 08-1-16 SC, Jan 22, 

08 - The Rule on the Writ of Habeas Data) 

When a Writ of Habeas Data is served, the 

respondent shall observe the following: 

1. The respondent shall file a verified written 

return together with supporting affidavits 

within five (5) work days from service of 

the writ, which period may be reasonably 

extended by the Court for justifiable 

reasons. 

2. The return shall, among other things, 

contain the following: 

a. The lawful defenses such as national 

security, state secrets, privileged 

communication, confidentiality of the 

source of information of media and 

others; 

b. In case of respondent in charge, in 

possession or in control of the data or 

information subject of the petition: 

i. A disclosure of the data or information 

about the petitioner, the nature of such 

data or information, and the purpose for 

its collection; 

ii. The steps or action taken by the 

respondent to ensure the security 

and confidentiality of the data or 

information; 

iii. The currency and accuracy of the data 

or information held; and, 

c. Other allegations relevant to the 

resolution of the proceeding. (A.M. No. 

08-1-16 SC, Jan 22, 08 - The Rule on the 

Writ of Habeas Data) 

24

CHAPTER 3 

<strong>Human</strong> <strong>Rights</strong> in 


25

3.1 Guiding Principles in 


“Our soldiers and marines understand that whether NPA, Abu Sayyaf, or criminals; they 

have rights and are entitled to the protection of the law.”... 

“We are the AFP of all, not only of the law-abiding Filipinos, but also of those needing more 

attention and greater understanding”. 

- Excerpt from the CSAFP Command Message 02-09 dated 13 July 2009 

The primary mandate of intelligence is to 

collect, process, evaluate and disseminate 

intelligence to the end users in accordance 

with the law. It is basically information 

gathering and production of intelligence to 

be used by the different AFP units. (AFPM 

2-011, 2007) 


(HR-BIO) underscores the respect for the 

preservation of life, liberty, security, human 

dignity, equality, and rule of law while 

accomplishing the objectives of intelligence 

missions. The following are the guiding 

principles on the conduct of all intelligence 

operations: 

1. Paramount consideration of the safety of 

civilians 

In engaging the enemy, avoid, or if it cannot 

be avoided, minimize collateral damage by 

way of incidental injury or loss of life to 

civilians and damage to private property. 

2. Inclusion of human rights protection in 

all intelligence activities 

The commanding officer is responsible in the 

supervision, promotion and implementation 

of the HR and IHL principles. Briefings and 

debriefings should be conducted prior to 

and after all intelligence operations/activities 

stressing the importance of observing human 

rights protection. 

3. Adherence to the Rule of Law 

All intelligence personnel must adhere and 

be familiar with the principles of HR and 

IHL and related provisions of the Revised 

26


Penal Code and the special laws. No arrest 

shall be made based on mere suspicion or raw 

intelligence. 

4. Protection and Welfare of All Persons in 

Custody 

Ensure the full protection and welfare of 

all persons in custody and take immediate 

action to secure medical attention whenever 

required. Arrested individual shall be treated 

humanely and accorded of all his/her rights. 

5. Restrained Use of Force 

As much as possible, apply non-violent 

means before resorting to the use of force and 

firearms. 

Firearms shall never be used against persons 

except in self-defense or defense of others 

against the imminent threat of death or 

serious injury, to prevent the perpetration 

of a particularly serious crime involving 

imminent grave threat to life. 

6. Monitor and Act on HR Violations. 

All intelligence units should include in 

their periodic reports all human rights 

violations monitored in their respective areas 

of operations. Said reports shall include 

specific data indicating: name of personalities 

involved; time and place and nature of 

violations; and actions taken by the unit. 

Presentation of the HR-BIO Guidebook by the former Chief of Staff, AFP, Gen Ricardo David, together with 

MGen Francisco N Cruz Jr, Deputy Chief of Staff for <strong>Intelligence</strong>, J2 to Loreta Ann P Rosales, Chairperson, 

<strong>Commission</strong> on <strong>Human</strong> <strong>Rights</strong> (CHR) during the <strong>Intelligence</strong> Family Conference on January 21, 2011 

27

3.2 Rules of Behavior in Support to Law 

Enforcement <strong>Operations</strong> 

In law enforcement operations, the participation of intelligence units is limited to supporting 

the PNP and other law enforcement agencies. During law enforcement operation, the support 

role of an intelligence unit/personnel shall be limited to the confirmation of the person to be 

arrested and the place to be searched; serve as guide to the place where the operation is to 

be made; and helping the uniformed personnel and/or peace officer subdue the person to be 

arrested in case he/she resists the arrest. 

Gather information/evidence about illegal activities 

-Investigate to confirm involvement in illegal activities 

-Check for existing and valid Warrant of arrest (WA), if none, apply for WA 

-Apply for Search Warrant (SW) if there are illegal items in the possession of the person to be arrested 

-In serving of SW, AFP <strong>Intelligence</strong> personnel can have a supporting role. Only the PNP, NBI or other law 

enforcement agencies can conduct search and seizure 

Case conference with PNP and other Law Enforcement Agencies 

-Participating personnel shall be briefed on legal procedures and related legal consequences 

-Participating personnel will also be briefed on general and specific rules to the type of operations to be 

conducted 

Lateral coordination among the operating units and government agencies is a must 

-Coordination among operating units and other government agencies that have jurisdiction over the area to 

ensure and enhance immediate cooperation 

-Participating personnel will also be briefed on general and specific rules to the type of operations to be 

conducted 

Only the prescribed uniform or attire of respective units involved and countersigns agreed upon shall be 

worn during the operations 

-Use of countersign/identification is a must when civilian attire is used for operations not warranting the use of 

military uniform. 

All firearms to be used for the operation shall be covered by proper documents 

-Proper documents include Mission Orders (MO) and Memorandum Receipt (MR)/Acknowledgement Receipt 

of Equipment (ARE) 

-Unnecessary display of firearms outside of the area of engagement shall be avoided. 

28


Before making an arrest or search, personnel 

must know the following rules: (Chapter I, 

1-6, AFPM 2-011, 2007) 

<strong>Intelligence</strong> personnel may arrest a person 

without a judicial warrant of arrest under any 

of the instances provided under Section 5, 

Rule 113 of the Revised Rules of the Court, 

as follows: 

In Flagrante Delicto 

In his presence, the person to be arrested 

has committed, is actually committing, or is 

attempting to commit an offense. 

“The test of in flagrante delicto arrest is that 

the suspect was acting under circumstances 

reasonably tending to show that he has 

committed or is about to commit a crime. 

Evidence of guilt is not necessary. It is 

enough if there is probable cause.“ 

— Sen. Miriam Defensor Santiago during 

her speech at the PNP Headquarters, 

March 2006 

Hot Pursuit Doctrine 

The offense has in fact just been committed 

and he has personal knowledge of the facts 

indicating that the person to be arrested has 

committed it. 

Escapee 

The person to be arrested is a prisoner who 

escaped from a penal establishment or place 

where he is serving judgment or temporarily 

confined while his case is pending or has 

escaped while being transferred from one 

confinement to another. 

The test of the ‘hot pursuit doctrine’ 

is probable cause which is defined by 

the Supreme Court as “an actual belief 

or reasonable grounds of suspicion”. It 

requires that the law enforcement unit 

holds direct knowledge of the crime or 

has personally witnessed the suspect right 

after the crime was committed. There is 

no need to witness the actual commission 

of the crime itself. 

Person/s arrested without warrant shall be 

immediately turned over to the appropriate 

Prosecutor’s Office for inquest proceedings 

to avoid any violations under RA 7438 and 

/or Art. 125 of the Revised Penal Code 

in consideration of key hours provided for 

by laws: 12 (light), 18 (correctional), 36 

(afflictive), 72 (under <strong>Human</strong> Security Act), 

except when such person/s arrested execute/s 

a waiver . 

“If a warrantless arrest is made and 

eventually the court finds the arrested 

persons to be innocent and acquits them, 

are the arresting officers liable The answer 

is no.” 

— Sen. Miriam Defensor Santiago 

29

Guidebook 

The recommended actions in effecting warrantless arrest are provided below: (Chapter I, 1-4, 

AFPM 2-011, 2007) 

Team leader provides identification to the target of arrest or any other person present 

-State name, rank, designation, unit and address of his unit 

-Formal introductions may be dispensed with when the person arrested: (1) is engaged in 

committing an offense, (2) is seen after committing an offense, (3) escaped or fled from 

the arresting officer, and the giving of information will imperil the arrest 

Inform the cause of the arrest and present the issued warrant 

-If the person to be arrested is on a moving vehicle, the arresting unit shall warn the 

passengers to park their vehicles and to surrender peacefully. 

Conduct body search 

-The arresting team may conduct a body search on the arrested person who may pose a 

threat to the arresting team or the public. 

Confiscated items must be documented and inventoried 

-The following may be confiscated from the arrested person: (1) objects used in the 

commission of the crime, (2) objects which are fruits of the crime, (3) objects which 

might be used by the arrested person to commit violence or to escape, (d) dangerous 

weapons and those which may be used as evidence in the case. 

Person arrested must be immediately turned over to the nearest PNP station for proper 

documentation 

-No unnecessary or excessive use of force shall be resorted to in making arrests and the 

persons arrested shall not be subjected to greater restraint than what is necessary. 

30


Violation of Art 125, RPC 

Delay in the delivery of detained persons 

to proper judicial authorities, carries the 

following penalties for any public officer or 

employee who delays the performance of any 

judicial or executive order for the release of 

a prisoner or detention prisoner, or unduly 

delays the service of the notice of such order 

to said prisoner or the proceedings upon 

any petition for liberation of such person: 

1. The penalty of arresto mayor (one 

month and one day to six months) in its 

maximum period to prision correccional 

(six months and one day to six years) in 

its minimum period , if the detention has 

not exceeded three days; 

2. The penalty of prision correccional in 

its medium and maximum periods, if the 

detention has continued more than three 

but not more than fifteen days; 

3. The penalty of prision mayor (six 

years and one day to twelve years), if 

the detention has continued for more 

than fifteen days but not more than six 

months; and, 

4. That of reclusion temporal (twelve 

years and one day to twenty years), if 

the detention shall have exceeded six 

months. 

Procedures, Duties and Guidelines 

for Arresting or Investigating Officer 

<strong>Based</strong> on the 1987 Philippine Constitution, 

jurisprudence and Republic Act No. 7438, an 

Act defining the <strong>Rights</strong> of Persons Arrested, 

Detained or Under Custodial Investigation as 

well as Duties of the Arresting, Detaining and 

Investigating Officer, the following are the 

procedures, guidelines and duties which the 

arresting or investigating officer must do and 

observe (People vs Mahinay, 302 SCRA 455, 

Feb. 1, 1999): 

1. The person arrested, detained, invited 

or under custodial investigation must be 

informed in a language known to and 

understood by him of the reason for the 

arrest and he must be shown the warrant 

of arrest, if any; Every other warnings, 

information or communication must be 

in a language known to and understood 

by said person; 

2. He must be warned that he has a right 

to remain silent and that any statement 

he makes may be used as evidence 

against him; 

3. He must be informed that he has the 

right to be assisted at all times and have 

the presence of an independent and 

competent lawyer, preferably of his 

own choice; 

31

Guidebook 

4. He must be informed that if he has no 

lawyer or cannot afford the services of 

a lawyer, one will be provided for him; 

and that a lawyer may also be engaged 

by any person in his behalf, or may be 

appointed by the court upon petition of 

the person arrested or one acting in his 

behalf; 

5. That whether or not the person 

arrested has a lawyer, he must be 

informed that no custodial investigation 

in any form shall be conducted except 

in the presence of his counsel or after a 

valid waiver has been made; 

6. He must be informed that he has the 

right to waive any of said rights provided 

it is made voluntarily, knowingly 

and intelligently and ensure that he 

understood the same; 

7. In addition, if the person arrested 

waives his right to a lawyer, he must 

be informed that it must be done in 

writing and in the presence of counsel, 

otherwise, he must be warned that the 

waiver is void even if he insists on his 

waiver and chooses to speak; 

8. The person arrested must be informed 

that he may indicate in any manner at any 

time or stage of the process that he does 

not wish to be questioned with warning 

that once he makes such indication, the 

police may not interrogate him if the 

same had not yet commenced, or the 

interrogation must ceased if it has 

already begun; 

9. The person arrested must be informed 

that his initial waiver of his right to 

remain silent, the right to counsel 

or any of his rights does not bar him 

from invoking it at any time during 

the process, regardless of whether he 

may have answered some questions or 

volunteered some statements; 

10. He must also be informed that any 

statement or evidence, as the case may 

be, obtained in violation of any of the 

foregoing, whether inculpatory or 

exculpatory, in whole or in part, shall 

be inadmissible in evidence; and, 

11. The person arrested must be 

informed that, at any time, he has the 

right to communicate or confer by the 

most expedient means - telephone, 

radio, letter or messenger - with his 

lawyer (either retained or appointed), 

any member of his immediate family, or 

any medical doctor, priest or minister 

chosen by him or by any one from his 

immediate family or by his counsel, 

or be visited by/confer with duly 

accredited national or international 

non-government organization. It shall 

be the responsibility of the officer to 

ensure that this is accomplished. 

32

3.3 Rules of Behavior in 

Information Collection & Investigation 

Anti-Wiretapping Law 

The means to conduct surveillance is limited 

by RA 4200 - An Act to Prohibit and Penalize 

Wiretapping and Other Related Violations 

of the Privacy of Communication, and For 

Other Purposes or otherwise known as the 

Anti-Wiretapping Law. It seeks to penalize 

wiretapping and other related violations of the 

right to privacy of communication guaranteed 

under the Bill of <strong>Rights</strong>. Any recording, 

communication or spoken word obtained 

in violation of the provisions of this Act is 

inadmissible as evidence in any judicial, 

quasi-judicial or administrative hearing or 

investigation. 

Unlawful acts under RA 4200 

are the following: 

1. Tapping of any wire or cable or using 

any other device or arrangement, to 

secretly overhear, intercept, or record such 

communication or spoken word. 

2. Knowingly possessing any tape/wire 

record, disc record, or copies thereof, 

of any communication or spoken word; 

replaying the same for any other person 

or persons; communicating the contents 

thereof verbally, or in writing and, 

furnishing transcriptions thereof, whether 

complete or partial. 

Wiretapping is lawful if the following 

conditions exist: 

1. When a peace officer is authorized by 

written order from the court; and, 

2. In cases involving treason, espionage, 

provoking war and disloyalty in cases 

of war, piracy, mutiny in the high seas, 

rebellion, conspiracy and proposal to 

commit rebellion, inciting to rebellion, 

sedition, conspiracy to commit sedition, 

inciting to sedition, kidnapping as 

defined by the RPC and violations of 

Commonwealth Act No 616, punishing 

espionage and other offenses against 

national security. (Sec. 3, RA 4200) 

33

Guidebook 

<strong>Human</strong> Security Act of 2007 

(HSA, 2007) 

Under the <strong>Human</strong> Security Act of 2007, 

the authority to conduct surveillance and 

interception of communications between 

members of judicially declared and outlawed 

terrorist organization, association or groups 

of persons or of any person charged with 

or suspected of the crime of terrorism or 

conspiracy to commit terrorism may be 

granted by the Court of Appeals (CA). The 

law enforcement official shall first obtain 

an authorization from the Anti-Terrorism 

Council to file the written application before 

the CA. 

The authorization granted by the CA shall be 

effective only for the length of time specified 

in the written order, which shall not exceed 

a period of thirty (30) days from the date of 

receipt of the written order by the applicant. It 

may be extended or renewed for another nonextendible 

period, which shall not exceed 

thirty (30) days from the expiration of the 

original when the court is satisfied that such 

extension or renewal is in the public’s interest. 

The applicant and the witnesses he may 

produce must establish under oath or 

affirmation the following: 

1. That there is probable cause to believe 

based on personal knowledge of facts 

or circumstances that the said crime 

of terrorism or conspiracy to commit 

terrorism has been committed, or is being 

committed, or is about to be committed; 

2. That there is probable cause to believe 

based on personal knowledge of facts or 

circumstances that evidence, which is 

essential to the conviction of any charged 

or suspected person for, or to the solution 

or prevention of any such crimes, will be 

obtained; and, 

3. That there is no other effective means 

readily available for acquiring such 

evidence. 

No Torture or Coercion in 

Investigation and Interrogation 

No threat, intimidation, or coercion, and no 

act which will inflict any form of physical pain 

or torment, or mental, moral, or psychological 

pressure, on the detained person, which shall 

vitiate his free will, shall be employed in his 

investigation and interrogation for the crime 

of terrorism or the crime of conspiracy to 

commit terrorism; otherwise, the evidence 

obtained from said detained person resulting 

from such threat, intimidation, or coercion, or 

from such inflicted physical pain or torment, or 

mental, moral, or psychological pressure, shall 

be, in its entirety, absolutely not admissible 

and unusable as evidence in any judicial, 

quasi-judicial, legislative, or administrative 

investigation, inquiry, proceeding, or hearing. 

(Sec. 24, RA 9372 or The <strong>Human</strong> Security 

Act of 2007) 

34


Physical Torture is a form of treatment or 

punishment inflicted by a person in authority 

or agent of a person in authority upon another 

in his/her custody that causes severe pain, 

exhaustion, disability or dysfunction of one or 

more parts of the body, such as: 

- Systematic beating, head banging, 

punching, kicking, striking with 

truncheon or rifle butt or other similar 

objects, and jumping on the stomach; 

- Food deprivation or forcible feeding 

with spoiled food, animal or human 

excreta and other stuff or substances not 

normally eaten; 

- Cigarette burning; burning by 

electrically heated rods, hot oil, acid; by 

the rubbing of pepper or other chemical 

substances on mucous membranes, or 

acids or spices directly on the wound; 

- Electric shock; 

- Pulling out of fingernails; 

- The submersion of the head in water or 

water polluted with excrement, urine, 

vomit and or blood until the brink of 

suffocation; 

- Being tied or forced to assume fixed and 

stressful bodily position; 

- Rape and sexual abuse, including the 

insertion of foreign objects into the sex 

organ or rectum, or electrical torture of 

the genitals; 

- Mutilation or amputation of the 

essential parts of the body such as the 

genitalia, ear, tongue, etc.; 

- Dental torture or the forced extraction 

of the teeth; 

- Harmful exposure to the elements such 

as sunlight and extreme cold; 

- The use of plastic bag and other 

materials placed over the head to the 

point of asphyxiation; 

- The use of psychoactive drugs to change 

the perception, memory alertness or 

will of a person (The administration of 

drugs to induce confession and/or reduce 

mental competency; or the use of drugs to 

induce extreme pain or certain symptoms 

of a disease); and, 

- Other analogous acts of physical torture. 

35

Guidebook 

Mental/Psychological Torture refers to acts 

committed by a person in authority or agent of 

a person in authority which are calculated to 

affect or confuse the mind and/or undermine 

a person’s dignity and morale, such as: 

- Blindfolding; 

- Denial of sleep/rest; 

- Threatening a person(s) or his/her 

relative(s) with bodily harm, execution 

or other wrongful acts; 

- Confinement in solitary cells or secret 

detention places; 

witnessed by the person’s family, relatives 

or any third party; 

- Shame infliction such as stripping the 

person naked, parading him/her in public 

places, shaving the victim’s head or putting 

marks on his/her body against his/her 

will; 

- Deliberately prohibiting the victim to 

communicate with any member of his/ 

her family; and, 

- Other analogous acts of mental/ 

psychological torture. 

- Prolonged interrogation; 

- Preparing a prisoner for a “show trial”, 

public display or public humiliation of a 

detainee or prisoner; 

- Causing unscheduled transfer of a 

person deprived of liberty from one 

place to another, creating the belief that 

he/she shall be summarily executed; 

- Maltreating a member/s of a person’s 

family; 

- Causing the torture sessions to be 

36

3.4 Guidelines in Handling of Person Arrested 

and Under Custodial Investigation 

AFP Policy on the Presentation of 

Arrested Person to Media 

Presentation of arrested suspect/person to the 

media is against the constitutional rights of 

the individual as well as a violation of his right 

as a person. He shall be presumed innocent 

until proven guilty. (GHQ Letter-Directive 

Discouraging presentation of suspects to the 

media , issued on August 14, 2009) 

AFP Policy on CHR Visitorial 

Powers 

Sec 18 (4), Article XIII, 1987 Philippine 

Constitution states that the <strong>Commission</strong> on 

<strong>Human</strong> <strong>Rights</strong> (CHR) shall exercise visitorial 

powers over jails, prisons, or detention. In 

recognition of this power, the AFP issued 

the Policy on Spot Visits of CHR in Military 

Detention Centers on December 28, 2008: 

1. All security officers with custodial 

responsibility over any detainee or prisoner 

shall extend maximum cooperation and 

courtesy to members of the CHR in their 

exercise of their constitutional rights; 

2. The authority and power to visit over 

jails, prisons, or detention facilities inside 

military camps, bases or installations shall 

only be accorded to the organic members 

of the CHR and limited to such area where 

the prisoner or detainee is kept, prisoned 

or detained; 

3. Should the CHR exercise its visitorial 

powers beyond visitation hours, 

reasonable prior notice shall be made to 

the Commanding Officer of the detention 

facility for proper coordination and 

preparation to ensure security of visitors. 

4. Immediate members of the prisoner or 

detainee’s family shall still be governed by 

the existing procedures and regulations 

with regard to visitation rights, even if 

they are accompanied by members of 

the CHR. 

37

3.5 Guidelines on the Use of Firearms 

<strong>Intelligence</strong> personnel, during their operations, may encounter situations wherein the use of 

force or firearms is inevitable. The following guidelines shall be considered: (Chapter I, 1-4, 

AFPM 2-011, July 23, 2007) 

<strong>Intelligence</strong> personnel shall not engage in armed confrontation while conducting 

intelligence operation. 

The use of firearm or weapon shall only be a last resort, after all peaceful means have been 

exhausted and in a manner commensurate to the situation. 

<strong>Intelligence</strong> personnel shall not use warning shots during support to law enforcement 

operations. 

The use of firearms for self-defense must be due to the actual threat of a hostile act or a 

clear and present hostile intent. 

Prime consideration shall be the preservation of life and avoidance of collateral damage to 

properties/objects. 

The designated leader of the engaged unit shall see to it that panic firing shall not occur. He 

shall supervise and direct his subordinate to fire their firearms only when necessary. 

38

3.6 Guidelines on Children 

Involved in Armed Conflict 

Rules and Regulations on Children 

Involved in Armed Conflict (CIAC) 

“Children” refers to person below eighteen (18) 

years of age or those over but are unable to fully 

take care of themselves or protect themselves 

from abuse, neglect, cruelty, exploitation or 

discrimination because of a physical or mental 

disability or condition.” 

- Section 3, RA 7610 

RA 7610 declared that Children shall be 

considered as Zones of Peace. They shall enjoy 

the protection of the State against dangers 

arising from an armed conflict. It is further 

declared that it shall be the responsibility of 

the State and all other sectors concerned to 

resolve armed conflicts in order to promote 

the goal of children as Zones of Peace. (Sec 

22, Art X, RA 7610) 

AFP Policy on CIAC 

The AFP strictly abide and respect the 

following: 

1. Children shall not be the object of attack 

and shall be entitled to special respect. They 

shall be protected from any form of threat, 

assault, torture or other cruel, inhumane or 

degrading treatment; 

2. Children shall not be recruited to become 

members of the Armed Forces of the 

Philippines, of its civilian units or other armed 

groups, nor be allowed to take part in the 

fighting, or used as guides, couriers, or spies; 

3. Delivery of basic social services such as 

education, primary health and emergency 

relief services shall be kept unhampered; 

4. The safety and protection of those who 

provide services including those involved in 

fact-finding missions from both government 

and non-government institution shall be 

ensured. They shall not be the subject of undue 

harassment in the performance of their work. 

Parents or relatives of children separated from 

their family due to armed conflict shall be 

treated as well; 

5. Public infrastructure such as schools, 

hospitals and rural health units shall not 

be utilized for military purposes such as 

command posts, barracks, detachments, and 

supply depots; 

39

Guidebook 

6. All appropriate steps shall be taken to 

facilitate the reunion of families temporarily 

separated due to armed conflict; and, 

7. Captured “CIAC” shall be referred to the 

nearest DSWD office pursuant to existing 

laws, rules and regulations. (AFP Letter 

Directive Number 34 on Policy on Children 

in Armed Conflict dated Nov 24, 2009) 

AFP Guidelines on Handling and 

Treatment of CIAC 

The AFP treats rescued and surrendered 

children as victims rather than as offenders, 

irrespective of their being a member of an 

armed group. In the event that a child involved 

in armed conflict was taken into custody, AFP 

units are directed to adhere to the following 

guidelines: (AFP Guidelines on Handling and 

Treatment of Children Involved in Armed 

Conflict dated May 11, 2000) 

1. The information to the effect must be 

immediately sent to General Headquarters, 

AFP passing through Command Channel 

and to DSWD Field Offices within 24 hours. 

Information to be given to the recipient agency 

shall include, among others, the following: 

a. Name, age, address; 

b. Parents/nearest kin; 

c. Physical and mental condition; 

d. Tribal or ethno-liguistical affiliation, where 

practicable; and, 

e. Other circumstances relative to the rescue 

or surrender of the child. 

2. The AFP unit effecting the surrender or 

rescue should also perform the following: 

a. Inform the Child of his/her rights; 

b. Provide medical treatment as necessary; 

c. Conduct Crisis Intervention Stress 

Debriefing (CISD) as necessary; 

d. Protect the child from further exploitation 

and trauma; 

e. Provide subsistence and other basic needs to 

the child; and, 

f. Maintain a data bank on children involved 

in armed conflict. 

3. The Child should be turned over either 

to the Department of Social Welfare and 

Development (DSWD) Field Offices or 

the Local Chief Executive of the City or 

Municipality covering the area within 24 

hours upon receipt of the child, under 

normal conditions. When the situation does 

not warrant the turnover of the child to the 

abovecited agencies/person in cases such 

as need for medical treatment, conduct of 

pursuit operations, security considerations, 

bad weather or very remote distance to 

the nearest receiving agency, the AFP unit 

continues to take custody of the child. The 

child, however, must be turned over to any of 

the aforementioned agencies/person within 

72 hours from the time the child is taken into 

custody. 

4. Units shall protect the child from exposure 

to the media, except when justified by 

compelling national interest as determined 

by the SND or CSAFP. This exposure to 

the media shall, however, be conducted not 

more than once and in consultation with the 

DSWD Secretary. 

40

References 

Anti-Terrorism Task Force. What We Need to Know 

About the “<strong>Human</strong> Security Act 2007.” October 

2008. 

Armed Forces of the Philippines. Soldier’s Handbook 

on <strong>Human</strong> <strong>Rights</strong> and International <strong>Human</strong>itarian 

Law. GPV Printing Ventures Co., 2010. 

Armed Forces of the Philippines. The Law of Armed 

Conflict-Essential for Commanders. AFP <strong>Human</strong> 

<strong>Rights</strong> Office. 

<strong>Commission</strong> on <strong>Human</strong> <strong>Rights</strong>. A primer on Enforced 

Disappearance. 2008. 

<strong>Commission</strong> on <strong>Human</strong> <strong>Rights</strong>. Ensuring the Right to 

Electoral Participation – Giving Access to 

Vulnerable Sectors in 2010. International Foundation 

for Electoral Systems. Pearl Hall, SEAMEO Innotech, 

Commonwealth Ave., Diliman, Quezon City, 

September 2008. 

GPH-Monitoring Committee. Primer on the 

Comprehensive Agreement on Respect for <strong>Human</strong> 

<strong>Rights</strong> and International <strong>Human</strong>itarian Law and the 

Joint Monitoring Committee. Office of the Presidential 

Adviser on the Peace Process. 2007. 

International Committee of the Red Cross. The 

Fundamental Principles of the Red Cross and Crescent 

Movement. Pamphlet. 2009. 

International Committee of the Red Cross. Ang ICRC 

sa Pilipinas. Pamphlet. 2009. 

Mamauag, Jose Manuel S. International <strong>Human</strong>itarian 

Law. Seminar-Workshop on <strong>Human</strong> <strong>Rights</strong> and 

International <strong>Human</strong>itarian Law for Security Sector, 

2010. 

Philippine Army. Philippine Army Soldier’s Handbook 

on <strong>Human</strong> <strong>Rights</strong> and International <strong>Human</strong>itarian 

Law. 1999. 

Philippine National Police. <strong>Human</strong> <strong>Rights</strong> Desk 

<strong>Operations</strong> Manual. PNP <strong>Human</strong> <strong>Rights</strong> Affairs 

Office, 2010. 

Recio, Redento B. and Lao, Resurreccion T. Sa Ibayo ng 

Impormalidad, Pag-aangkin ng Dignidad. ALL WAYS 

Graphics and Printing Services, ESCR-Asia Inc., 2008. 

Roque, Harry L. Jr. Asia-Pacific Yearbook of 

International <strong>Human</strong>itarian Law. I n s t i t u t e 

of International Legal Studies, University of the 

Philippines Law Center, Diliman, Quezon City. Vol 3, 

2007. 

Sub-Committee on Children Affected by Child Armed 

Conflict and Displacement, United Nations Children’s 

Fund, National Disaster Coordinating Council, 

Office for Civil Defense, Council for the Welfare of 

Children. <strong>Rights</strong>-<strong>Based</strong> Disaster Management: Policy 

Guidelines. 

The 1987 Philippine Constitution. 

United Nations Children’s Fund. The Convention 

on the rights of the Child; Optional Protocol on the 

Involvement of Children in Armed Conflict; Optional 

Protocol on the Sale of Children, Child Prostitution 

and Child Pornography. 

GHQ, AFP Guidelines on <strong>Human</strong> <strong>Rights</strong> and 

Improvement of Discipline, 02 January 1989. 

AFP Guidelines on Handling and Treatment of 

Children Involved in Armed Conflict, 11 May 2011.

PROJECT MANAGEMENT TEAM (PMT) 

MGEN FRANCISCO N CRUZ JR AFP 

Deputy Chief of Staff for <strong>Intelligence</strong>, J2 

LTC JESSIE A BANASTAO (MI) PAF 

MAJ PHILLIPP G ALVAREZ JR (MI) PA 

CPT LEX MICHELLE M DAPANAS JAGS 

CA Napoleon Gabriel A Abustan 

CE John Vincent V Cardenas 

RESEARCH GROUP 

CA Maria Aurora A Soberano 

CA Donna Joyce C Fuertes 

CA Cindy O Lopez 

CA Nicanor V Lanuzo 

CA Anna Liza P Ochoco 

CA Diana Lou L Boado 

CA Jackie Frances E Guevarra 

CA Kristina De Guzman 

SUPPORT GROUP 

CA Mike Guerrero 

SSg Ricardo C Lasmarias PAF 

PO3 Alberto D Mabingnay PN 

Sgt Joel N Perdido PAF

“ I grew up in an era where human right 

My father, together with many others, wa 

Our family and their families were victim 

We know more than anyone that the brilli 

will only bring us further into the dark.” 

here human rights were often violated. 

ogether with many others, was a victim. 

mily and their families were victims too. 

n anyone that the brilliant disregard of 


“ I grew up in an era where human rights were often violated. 

My father, together with many others, was a victim. 

“ I grew up in an era where human right 

Our family and their families were victims too. 

We know more than anyone that the brilliant disregard of liberties 

My father, together with many others, w 


Our family and their families were victim 

President Benigno S. Aquino III 

62nd Anniversary of the Universal Declaration on <strong>Human</strong> <strong>Rights</strong> 

We know more than anyone that Malacañan the Palace brill 

10 December 2010 


President Benigno S. Aquino III 

62nd Anniversary of the Universal Declaration on

Human Rights-Based Intelligence Operations - Commission on ...

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