We realize that the term

1
Group 1
2

• We realize that the term extrajudicial judicial
  killings has no statutory or standard
  definition. But for purposes of our discussion
  to find solutions, we limited our definition of
  Extrajudicial killings and forced disappearances
  are those that are (1) done outside the law and
  (2) for political and/or ideological reasons.
  That these were done pursuant to a state policy
  or not is irrelevant to our task of finding
  solutions.

3
Proposals

• First, that the government resume the peace
  process and have a cease-fire for three (3)
  years.

4

• Second, that the Court re-examine Umil v. Ramos
  with regard to the period within which
  warrantless arrests can be made from the time the
  political offense is committed. The Court should
  likewise re-examine in an appropriate case, the
  doctrine in Umil that the crimes of rebellion,
  insurrection, subversion, etc. are in the nature
  of continuing offenses which in effect
  authorizes the making of warrantless arrests long
  after the actual commission of the offense. The
  classification has been the source of violations.

5

• Third, after a person is arrested without a
  warrant, within a reasonable period the law
  enforcement authorities must make a report to the
  nearest judicial authorities of the arrest, and
  forthwith an inquest must be conducted so that
  within the period allowed by law for detaining a
  person without a judicial warrant, he can either
  be charged in court or released. It must be duty
  of the judge to whom such arrests are reported to
  monitor later the progress of warrantless
  arrests. This will necessitate a revision of
  Rule 113 of the Rules of Criminal Procedure.

6

• Fourth, judges should be alert to the presence of
  aggravating circumstances, e.g., taking advantage
  of public position in order to commit the crime
  so that the appropriate penalty can be imposed.

7

• Fifth, to study carefully the possibility of
  creating a new crime where the victim or the
  offended party is a journalist, judge, media,
  militant who is killed or kidnapped in the course
  of the performance of his duties or the conduct
  of his profession. This is not penalized in the
  RPC. If we have a law protecting the women and
  children, this group is also in need of the
  protection of the law. This is not an intrusion
  by the Judiciary into the domain of the
  Legislature. Under our laws, the Court can
  propose laws for the enactment of Congress.

8

• Sixth, that sanctuary/sanctuaries be created in
  which victims or witnesses or even the military
  can seek refuge. Violations of these sanctuaries
  should be punished as contempt of court.

9

• Seventh, that the President certify and the
  Philippine Senate ratify the Rome Statute,
  Protocol 1 of the Geneva Convention on the
  Protection of Victims of International Armed
  Conflicts the Hague Convention on the Protection
  of Cultural Properties and other treaties in the
  attached list.

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• Eighth, for the amendment of Rule 112 of the
  Rules of Court. For example, a respondent who
  makes a false return shall forfeit in favor of
  the aggrieved party the amount of P100,000 to be
  recovered upon proof by competent evidence, in a
  proper action.