QUIZ QUESTIONS LAW ENFORCEMENT – prevention of

crimes and protection of person and property

1. Doctrine where the state assumes
 5 Major Law Enforcement agency:
responsibility for neglected children?
-PNP
-Doctrine of Parens Patriae -NBI
-PDEA
2. The paramount consideration in enacting
-Bureau of Immigration
laws concerning children.
-Bureau of Correction
-Best interest of the child
3. Convention on woman empowerments
PROSECUTION -responsible for the
and gender equality.
conduct of preliminary investigation.
-CEDAW
Prosecutes case filed in courts.
4. Person who solely provides parental care
 Primary Agencies
and support to children.
-National Prosecution Service, under
-Solo parent
DOJ
5. Convention which prohibits torture at all
-Office of Ombudsman
times.
-Internation Convention Against
COURT – render judgement.
Torture and Other Cruel,
Supreme Court
Inhuman, Degrading Treatment or
Intermediate Courts
Punishment
6. T/F: Subordinates can invoke justifying
CORRECTION – responsible for prisoners
circumstances to obedience to superior in
serving sentence, prison management, etc.
committing torture.
Institutional Based
-FALSE
-BuCord
7. Court of the last resort.
-BJMP
-International Criminal Court
-LGU
8. T/F: International Humanitarian Law
Community Based
applies only at armed conflicts.
Probation – Parole and Probation
-TRUE
Administration
9. Refers to an armed conflict which
Parole – Board of Pardon and Parole
involves two or more states.
-International armed conflict
COMMUNITY – impose restrictions to
10. Remedy for victims of violation of life,
decrease criminality and aims common
liberty, and security.
good.
-Writ of Amparo
-NGO
-DSWD
-Schools, church, etc.

5 PILLARS OF CRIMINAL JUSTICE

SYSTEM
RIGHTS OF THE CHILD -a person below eighteen years old who has
committed an offense with discernment,
CONVENTION ON THE RIGHTS OF making them subject to criminal proceedings
THE CHILDREN
-best interest of the child
CHILD AT RISK
-an international human rights treaty that
-a vulnerable individual who is at risk of
outlines the civil, political, economic, social,
engaging in criminal behavior due to
health, and cultural rights of children.
personal, family, or social circumstances.
It defines a child as any individual under the
Children at risk are not yet involved in
age of eighteen, emphasizing the
criminal activities but are considered
importance of protecting children's
susceptible to such behavior
rights globally

RESTORATIVE JUSTICE
RA 9344
-healing of all those affected by the crime
-RA 9344, the Juvenile Justice and Welfare
victim, perpetrator, community
Act of 2006, establishes a comprehensive
juvenile justice and welfare system. It covers
CHILD ABUSE
the different stages involving children at risk
-physical, sexual, emotional and/or
and children in conflict with the law. The
psychological maltreatment or neglect of a
law promotes diversion programs as an
child by a parent or caregiver.
alternative to formal court proceedings for
children in conflict with the law
CHILD
RA 9031
-below 18 years old
-above 18 years old if not capable of taking
RA 7610
care of themselves independently
-RA 7610, or the Special Protection of
Children Against Abuse, Exploitation and
Discrimination Act, provides special
protection to children from all forms of
abuse, neglect, cruelty, exploitation and
discrimination. It defines child abuse and
provides sanctions for its commission
RA 9075

RA 9262
-RA 9262, also known as the Anti-Violence
Against Women and Their Children Act of
2004, defines violence against women and
their children and provides protective
measures for victims. It covers acts of WOMAN’S RIGHTS
physical, sexual, psychological harm or
suffering, and economic abuse committed by CEDAW
an intimate partner against a woman who is The Convention on the Elimination of All
his wife, former wife, or with whom he has a Forms of Discrimination Against Women
sexual or dating relationship (CEDAW) is an international legal
instrument that aims to eliminate
discrimination against women and promote
CHILD IN CONFLICT WITH THE
their equal rights
LAW

MAGNA CARTA FOR WOMEN
The Magna Carta of Women (MCW) or
Republic Act No. 9710 is a comprehensive
women's human rights law in the Philippines
that seeks to eliminate discrimination against
women by recognizing, respecting,
protecting, fulfilling and promoting their
rights, especially those belonging to
marginalized sectors of society
SOLO PARENTS
-DEFINED BY RA 8872: Person who solely
provides parental care and support to
children
CONSIDERED SOLO PARENTS
-women who give birth as a result of rape or
crimes against chastity,
-parents left solo or alone with the
responsibility of parenthood due to
abandonment of a spouse for at least one
year,
-unmarried mothers or fathers who choose to
keep and rear their child/children instead of
giving them up to a welfare institution,
-and any other person who solely provides
parental care and support to a child or
children.
-family members who assume the
responsibility of head of the family due to
the death, abandonment, disappearance, or
prolonged absence of the parents or solo
parent
RIGHT AGAINST TORTURE
NOTES:
-States can be held liable for invoking
jurisdiction
-non-derogable
-principle of territoriality and generality
applies
ANTI-TORTURE ACT OF 2009/RA 9745
The Anti-Torture Act of 2009, officially
known as Republic Act No. 9745, is a
significant legislation in the Philippines
aimed at penalizing torture and other cruel,
inhuman, and degrading treatment or
punishment. This act emphasizes the value
of human dignity, respect for human rights,
and the prevention of any form of harm or
degradation to individuals under
investigation, in custody, or in authority. It
prohibits secret detention places and ensures
adherence to international standards
condemning torture.
TORTURE
refers to an act by which severe pain or
suffering, whether physical or mental, is
intentionally inflicted on a person for such
purposes as obtaining from him/her or a
third person information or a confession;
punishing him/her for an act he/she or a
third person has committed or is suspected
of having committed; or intimidating or
coercing him/her or a third person; or for
any reason based on discrimination of any
kind, when such pain or suffering is inflicted
by or at the instigation of or with the consent
or acquiescence of a person in authority or
agent of a person in authority. It does not
include pain or Buffering arising only from,
inherent in or incidental to lawful sanctions.
Section 6. Freedom from Torture and Other
Cruel, Inhuman and Degrading Treatment or
Punishment, An Absolute Bight. - Torture
and other cruel, inhuman and degrading
treatment or punishment as criminal acts
shall apply to all circumstances. A state of
war or a threat of war, internal political
instability, or any other public emergency, or
a document or any determination comprising
an "order of battle" shall not and can never
be invoked as a justification for torture and
other cruel, inhuman and degrading
treatment or punishment.
Torture is a jus cogens crime. Even if a
State is not a member of convention, it is
bound to follow the convention
ICC JURISDICTION IN TORTURE
-GENERAL RULE: the attack must be
systematic and widespread and directed to a
civilian population
-ICC have possibility to hear individual
torture case since ICC is a court of last resort
 the effects or instruments thereof in order to
INTERNATIONAL CONVENTION prevent its discovery; or
AGAINST TORTURE AND OTHER
(c) By harboring, concealing or assisting
CRUEL, INHUMANE, OR
m the escape of the principal/s in the act of
DEGRADING TREATMENT OR
torture or other cruel, inhuman and
PUNISHMENT
degrading treatment or punishment:
an international human rights treaty aimed at
Provided, That the accessory acts are done
preventing torture and other forms of cruel,
with the abuse of the official's public
inhuman, or degrading treatment or
functions.
punishment worldwide

REMEDY
Subordinates cannot invoke justifying
 Subordinate and superior can be held
circumstance in following orders from
liable as principal to commit torture
superiors to commit torture.
 Writ of Amparo

Section 13. Who are Criminally Liable. -

Any person who actually participated Or
induced another in the commission of torture
or other cruel, inhuman and degrading
treatment or punishment or who cooperated
in the execution of the act of torture or other
cruel, inhuman and degrading treatment or
punishment by previous or simultaneous acts
shall be liable as principal
1. Any superior military, police or law
enforcement officer or senior government
official who issued an order to any lower
ranking personnel to commit torture for
whatever purpose shall be held equally
liable as principals.
2. Any public officer or employee shall be
liable as an accessory if he/she has
knowledge that torture or other cruel,
inhuman and degrading treatment or
punishment is being committed and without
having participated therein, either as
principal or accomplice, takes part
subsequent to its commission in any of the
following manner:
(a) By themselves profiting from or
assisting the offender to profit from the
effects of the act of torture or other cruel,
inhuman and degrading treatment or
punishment;
(b) By concealing the act of torture or
other cruel, inhuman and degrading
treatment or punishment and/or destroying
ENFORCED DISAPPERANCE
RA 10353
Republic Act No. 10353, also known as the
"Anti-Enforced or Involuntary
Disappearance Act of 2012," is a significant
law in the Philippines criminalizing enforced
disappearances. This law aims to protect
human rights by criminalizing acts of
enforced disappearance and ensuring the
rights and dignity of every individual.
COMPONENTS
1. Abduction committed by state authorities
2. Denial of the whereabouts of of the
missing person
NOTE:
Enforced disappearance is not allowed at all
times.
-crimes against aggression
2. No retroactive effect
3. Must be committed within the territory of
a member state
4. Committed by a state member
3 INSTANCES FOR CRIMINAL CASE
TO REACH ICC
1. A prosecutor from member state refers the
case
2. UN Security Council refers a situation to
the ICC
3. ICC prosecutor initiated the case
ICC applies the command responsibility
wherein superiors are liable for their
subordinates action

VICTIMS:
1. those persons who disappeared
2. those who suffered harm due to enforced
disappearance

REMEDY
Writ of Amparo
-any immediate family member
-any ascendant, descendant, or collateral
family
-any concerned citizen

HABEAS CORPUS
-remedy for illegal confident/detention
WRIT OF AMPARO
-remedy for violation of life, liberty, and
security

ICC JURISDICTION
1. Limited to:
-genocide
-war crimes
-crimes against humanity
INTERNATIONAL HUMANITARIAN solely at military targets to spare civilians
LAW and their property

INTERNATIONAL HUMANITARIAN DIFFERENCE BETWEEN IHL AND

LAW (IHL) IHRL
-also known as the laws of armed conflict, IHL
is a set of rules that aim to limit the effects
-specifically applies to armed conflicts,
of armed conflict by protecting individuals
binding all parties involved, including states
not participating in hostilities and regulating
and non-state groups,
the means and methods of warfare.
-and cannot be derogated from,
INTERNATIONAL ARMED CONFLICT
-focusing on regulating armed conflicts and
-involves 2 or more states
prosecuting serious violations like war
crimes
DOMESTIC ARMED CONFLICT
-conflict within a state - directly protecting not only humans but
also livestock, civilian objects, cultural
FUNDAMENTAL RULES OF IHL property, and the environment
 Protection of Persons Hors de
IHRL
Combat: Individuals outside of combat and
those not participating in hostilities must be -applies at all times,
respected, protected, and treated humanely.
-during peace or war,
 Prohibition of Killing or Injuring
Surrendered Enemies: It is forbidden to -primarily focusing on protecting individuals
harm an enemy who surrenders or is hors de from abusive state authority and ensuring
combat. basic rights,
 Treatment of the Wounded and -allowing for derogations in public
Sick: The wounded and sick must be cared emergencies that threaten national life.
for, and medical personnel, facilities, and
equipment must be protected. Attended and -solely focuses on human protection
visited by International Committee of the
Red Cross
 Respect for Captured Combatants
and Civilians: Captured individuals are
entitled to dignity, protection, and
communication with their families.
 Judicial Guarantees and
Prohibition of Torture: Everyone has the
right to judicial guarantees, and torture or
degrading treatment is strictly prohibited.
 Limitations on Methods and
Means of Warfare: Parties to a conflict
must avoid unnecessary suffering and
excessive losses. Certain weapons and
methods are prohibited.
 Distinction and Protection of
Civilians: Parties must differentiate between
civilians and combatants, directing attacks