ANSWER TO ASSIGNMENT NO. 8 Having read Republic Act No. 9851, my answer would be the following: 1.

AS AGAINST THE NPA As 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 in furtherance of committing crimes. 2. AS AGAINST THE POLICE OFFICERS My 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 any
use 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 noninternational armed conflict. Last paragraph of Section 3 letter c provides that 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 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:

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, social or 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