7/30/2019 Answer to Assignment No 8

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ANSWER TO ASSIGNMENT NO. 8

Having read Republic Act No. 9851, my answer would be the

following:

1. AS AGAINST THE NPAAs against the NPA, my answer would be the same. In the

instant case there is no showing that the NPAs are

committing crimes enumerated under Sections 4, 5 and 6 of

R. A. 9851. It was stated that the NPAs surreptitiously

occupied a vacant house located in Queborac, Naga City to

take some rest. It was not stated that they have done this infurtherance of committing crimes.

2. AS AGAINST THE POLICE OFFICERSMy answer would be the same, the police officers committed

murder with regards to the death of the NPA members

aggravated by treachery and/or with the use of explosives

and serious physical injuries with regards to the members

who survived but were seriously wounded.

Section 3 of R. A. 9851 defined armed conflict as means anyuse of force or armed violence between States or a protracted armed

violence between governmental authorities and organized armed groups

or between such groups within that State: Provided, That such force or

armed violence gives rise, or may give rise, to a situation to which the

Geneva Conventions of 12 August 1949, including their common Article 3,

apply. Armed conflict may be international, that is, between two (2) or

more States, including belligerent occupation; or non-international, that is,between governmental authorities and organized armed groups or

between such groups within a state. It does not cover internal

disturbances or tensions such as riots, isolated and sporadic acts of

violence or other acts of a similar nature.The question is, whether the same can be classified as non-

international armed conflict.

Last paragraph of Section 3 letter c provides that It does notcover internal disturbances or tensions such as riots, isolated and

sporadic acts of violence or other acts of a similar nature.The acts of the police officers can be considered as an isolated

case.

It also does not fall under the circumstances provided for in

Sections 4, 5 and 6 respectively because:

7/30/2019 Answer to Assignment No 8

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Section 4 speaks of a war crimes or crimes against the

International Human Humanitarian Law;

Section 5 speaks of genocide which with the intent to destroy,

in whole or in part, a national ethnic, racial, religious, socialor any other similar stable and permanent group; and

Section 6 speaks of "other crimes against humanity" means

committing acts provided for under the section as part of a

widespread or systematic attack directed against any civilian

population, with knowledge of the attack.

Submitted by:

MARRY-JUNE S. SAN ANTONIO