Prof. Theodore Te: “EJK finally defined but is it a crime?”

Prof. Theodore Te highlights the inclusion of the definition of Extrajudicial Killings (EJKs) within the Republic Act No. 11188, passed on 10 January 2019. And while the statute does not criminalize the act, Prof. Te places value in it as “the mere definition of EJKs in a statute represents a significant step forward in providing justice to many victims of EJKs over the years,” for him.

In his column “Deep Dive” on the Rappler news site, the law scholar who teaches Criminal Law points out, however, that “the definition[of EJKs] is expressly limited to RA 11188 as its section 5 provides the caveat, “As used in this Act,” which is titled “An Act Providing for the Special Protection of Children in Situations of Armed Conflict and Providing Penalties for Violations Thereof.”  He explains that significantly, the Act does not penalize EJKs as defined under section 5(l).  “It would appear that an EJK under section 5(l) is not defined as a crime because there is no penalty for it under section 9 and it is defined differently from “killing of children.” Prof. Te concludes that “whether EJKs under RA 11188 are a crime will depend on judicial interpretation in a proper case.”

The full discussion may be accessed at: https://www.rappler.com/thought-leaders/223984-analysis-deep-dive-finally-extrajudicial-killings-defined?fbclid=IwAR2wKio2Srq3DnFbx6OJ8nsMtaztUyVnRynDC3RLj76tKgKKV0IXr9tWXrM