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SEC. 11. Nonprescription. — The crimes defined and
penalized under this Act, them prosecution, and the execution
of sentences imposed on their account, shall not be subject to
any prescription,
SEC. 12. Orders from a Superior. - The fact that a
crime defined and penalized under this Act has been committed
by a person pursuant to an order of a government or a
superior, whether military or civilian, shall not relieve that
person of criminal responsibility unless all of the following
elements concur:
(a) The person was undera legal obligation to obey orders
of the government or the superior in question;
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prejudicial to or inconsistent with the rights of the accused
and to a fair and impartial trial;
(b) As an exception to the general principle of public
hearings, the court may, to protect the victims and witnesses
or an accused, conduct any part of the proceedings in camera
or allow the presentation of evidence by electronic or other
special means. In particular, such measures shall be
implemented in the case of a victim of sexual violence or a
child who is a victim or is a witness, unless otherwise ordered
by the court, having regard to all the circumstances,
particularly the views of the victim or witness;
(c) Where the personal interests of the victims are
affected, the court shall permit their views and concerns to
be presented and considered at stages of the proceedings
(b) The person did not know that the order was
determined to be appropriate by the court in a manner which
(c) The order was not manifestly unlawful.
concerns may be presented by the legal representatives of the
unlawful; and
For the purposes of this section, orders to commit
genocide or other crimes against humanity are mamafestly
unlawful.
CHAPTER, VI
PROTECTION OF VICTIMS AND WITNESSES
SEC. 13, Protection of Victims and Witnesses. — In
addition to existing provisions in Philippine law for the
protection of victims and witnesses, the following measures
shall be undertaken:
(a) The Philippine court shall take appropriate measures
to protect the safety, physical and psychological well-being,
dignity and privacy of victims and witnesses. In so doing, the
court shall have regard of all relevant factors, includingage,
gender and health, and the nature of the crime, in particular,
but not limited to, where the crime involves sexual or gender
violence or violence against children. The prosecutor shall take
such measures particularly during the investigation and
prosecution of such crimes. These measures shal) not be
is not prejudicial to or inconsistent with the rights of the
accused and a fair and impartial trial. Such views and
victims where the court considers 1t appropriate in accordance
with the established rules of procedure and evidence; and
(d) Where the disclosure of evidence or information
pursuant to this Act may lead to the grave endangerment of
the security of a witness or his/her family, the prosecution
may, for the purposes of any proceedings conducted prior to
the commencement of the trial, withhold such evidence or
information and instead submit a summary thereof. Such
measures shall be exercised in a manner which is not
prejudicial to or inconsistent with the rights of the accused
and to a fair and impartial trial.
SEC. 14. Reparations to Victims. — In addition to existing
provisions in Philippine law and procedural rules for
reparations to victims, the following measures shall be
undertaken:
(a) The court shall follow principles relating to reparations
to, or in respect of, victims, including restitution, compensation
and rehabilitation. On this basis, in its decision, the court
may, either upon request or on its own motion in exceptional
circumstances, determine the scope and extent of any damage,