R E S O L U T I O N
CHR (IV) No. A2010-034  

WHEREAS, the Philippines is a State Party to the Geneva Conventions of 1949, also known as the basic instruments of international humanitarian law;

WHEREAS, compliance with and respect for international humanitarian law is vital to the protection of non-combatants, cultural and other institutions and to the minimization of unjustified harm and violence to all persons;

WHEREAS , the Philippines has been besieged by internal armed conflict with multiple insurgency groups for about four (4) decades;

WHEREAS , many violations of international humanitarian law committed in the course of the internal armed conflict are equivalent to or contribute to violations or blocks to compliance with human rights standards and obligations;

WHEREAS , respect for human rights and international humanitarian law has been identified as crucial factors to peace building in the Philippines;

WHEREAS, the Commission of Human Rights (CHR) is mandated, under Section 18 (7), Article XIII of the 1987 Constitution, to monitor the Philippine Government’s compliance with international treaty obligations on human rights;

WHEREAS, one such law enacted to comply with the government’s international human rights obligations is Republic Act No. 9851, or the “ Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity,”passed by the Senate and the House of Representatives on October 14, 2009 and October 16, 2009, respectively, and signed by the President of the Philippines on December 11, 2009;

WHEREAS, the Commission is fully aware of the indispensable requirement of publication before laws shall take effect, as provided by Article 2 of the New Civil Code, “ Laws shall take effect after fifteen days following the completion of their publication in the Official Gazette, unless it is otherwise provided.  This Code shall take effect one (1) year after such publication.” This is reiterated in the Supreme Court (SC) decision in the case of Tañada v. Tuvera;"

WHEREAS , the execution of above-mentioned Article 2 of the New Civil Code when it comes to publication of laws is the responsibility of the President, under the Constitutional mandate in Article VI of the Constitution, “T he President shall have control of all the executive departments, bureaus, and offices. He shall ensure that the laws be faithfully executed;”

WHEREAS, although Section 21 of R.A. No. 9851 provides that the Act shall take effect fifteen (15) days after its complete publication in the Official Gazette or in two (2) newspapers of general circulation;

WHEREAS such requirement has not yet been met, more than two (2) months after the President signed R.A. No. 9851 into law;

NOW, THEREFORE, the Commission hereby RESOLVES to underscore the importance of the soonest possible effectivity and implementation of Republic Act No. 9851 for human rights protections and peace-building; and to urge the President of the Philippines to order the immediate publication of Republic Act No. 9851, through the Office of the President or other relevant offices in the Executive Branch of government such as the Department of National Defense (DND), the Office of the Presidential Adviser on the Peace Processes (OPAPP) or the Presidential Human Rights Committee (PCHR).

SO RESOLVED.