Crash Reviewer of Criminal Law

CRASH REVIEWER OF CRIMINAL LAW 2014 ARTICLE 2 OF THE REVISED PENAL CODE STATES THE APPLICABLE OF ITS PROVISION GENERAL RULE: The provision of the Revised Penal Code shall be enforced within the Philippine Archipelago EXCEPTION TO THE TERRITORIAL APPLICATION OF CRIMINAL LAW: The provision of the Revised Penal Code shall also be enforced not only within the Philippine Archipelago but also outside of its jurisdiction against those 5 instances enumerated in the same article. EXCEPTION TO THE APPLICABILITY OF THE PROVISION OF THE RPC (1)

Treaties (examples of it is written below) -Bases Agreement

-RP-US Visiting Forces Accord

(2) Law of Preferential Application -Rep. Act No. 75 *Note: based on the well established principle of Public International Law (1) sovereigns and other Chief of State (2) Ambassadors,minister plenipontentiary,minister resident and charges d’ affaires possess immunity from suit against them but a consul or vice consul and other commercial representatives of foreign nations is not exempt from criminal prosecution for violations of the laws of the country where he resides. * Crimes punishable in the Philippine under Art 2 are cognizable/triable by the Regional Trial Court in which the charge is Filed. (Regional Trial Court Formerly known as Court of First Instance or CFI) *Court of First Instance means that they are the first one who will take cognizance of the case. Cases wherein the RPC is applicable even if the felony is being committed outside of the Philippine Archipelago:. 1.

When the offender should commit an offense while on a Philippine ship or airship;

Rules as to crimes committed aboard foreign merchant vessels: 1. FRENCH RULE– Such crimes are not triable in the courts of that country, unless their commission affects the peace and security of the territory or the safety of the state is endangered. 2.

2. ENGLISH RULE– Such crimes are triable in that country, unlessthey merely affect things within the vessel or they refer to the internal management thereof. (This is applicable in the Philippines) Requirements of “an offense committed while on a Philippine Ship or Airship” 1. Registered with the Philippine Bureau of Customs 2. Ship must be in the high seas or the airship must be in international airspace. Note: Under international law rule, a vessel which is not registered in accordance with the laws of any country is considered a pirate vessel and piracy is a crime against humanity in general, such that wherever the pirates may go, they can be prosecuted. General Rule: any person who committed a crime on board a Philippine ship or airship while the same is outside of the Philippine territory can be tried before our civil courts for violation of the Penal Code Exception: when the person who committed a crime on board of a Philippine ship or airship is in the territory of a foreign country, the crime committed on said vessel or aircraft is subject to the laws of that foreign country. REMEMBER: - A Philippine vessel or aircraft must be understood as that which is registered

in the Philippine Bureau of Customs. -It’s the registration of the vessel or aircraft in accordance with the laws of the Philippines and not the citizenship of its owner, which makes it a Philippine ship or airship. -- An unregistered or unlicensed vessel or aircraft does not come within purview of paragraph no. 1 of Art 2. POINTS TO REMEMBER (PR): (1) Crimes committed on board of a foreign merchant ship or airship on a high seas is not triable by our courts. Reason to PR(1): - foreign merchant ship is considered an extension of the territory of the country which it belongs. (2) Crimes committed on board of a foreign merchant vessel while on a Philippine waters is triable before our courts

Continuing offense on board a foreign vessel (US vs Bull) A crime which occurred on board of a foreign vessel, which began when the ship was in a foreign territory and continued when it entered into Philippine waters, is considered a continuing crime. Hence within the jurisdiction of the local courts. Two situations where the foreign country may not apply its criminal law even if a crime was committed on board a vessel within its territorial waters and these are: (1) When the crime is committed in a war vessel of a foreign country, because war vessels are part of the sovereignty of the country to whose naval force they belong; (2) When the foreign country in whose territorial waters the crime was committed adopts the French Rule, which applies only to merchant vessels, except when the crime committed affects the national security or public order of such foreign country. *Mere possession of opium aboard a foreign merchant vessl in transit is not triable in the Philippine court Reason: mere possession of opium on such a ship, without being used in our territory, does not bring about in this country those disastrous effect that opur law contemplates avoiding. *When the opium are landed from the vessel on Philippine soil, Philippine courts acquired jurisdiction on the said matter. Landing or using opium is an open violation of the laws of the Philippines(U.S. vs Look Chaw) *When the foreign merchant vessel is not in transit because the Philippines its terminal port, the person is possession of opium on board that vessel is liable, because he may be held guilty of illegal importation of opium (U.S. vs Ah Sing) (2) Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities issued by the Government of the Philippine Islands; - Thus any person who who make false or counterfeit coins (Art. 163) or forges treasury bank notes or other obligations and securities (art. 166) in a foreign country may be prosecuted before our civil courts for violation of Art. 163 or Art. 166 of the Revised Penal Code (3) Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the preceding number; Reason of this Provision: Introduction of forged or counterfeited obligations and securities into the Philippines is as dangerous as the forging or counterfeiting of the same, to the economical interest of the country.

(4) While being public officers or employees, should commit an offense in the exercise of their functions; or (Some of these crimes are bribery, fraud against national treasury, malversation of public funds or property, and illegal use of public funds; e.g., A judge who accepts a bribe while in Japan.) General rule, the Revised Penal Code governs only when the crime committed pertains to the exercise of the public official’s functions, those having to do with the discharge of their duties in a foreign country. The functions contemplated are those, which are, under the law, to be performed by the public officer in the Foreign Service of the Philippine government in a foreign country. Exception: The Revised Penal Code governs if the crime was committed within the Philippine Embassy or within the embassy grounds in a foreign country. This is because embassy grounds are considered an extension of sovereignty (5) Should commit any crimes against the national security and the law of nations, defined in Title One of Book Two of this Code. (These crimes include treason (art 114), conspiracy and proposal to commit treason (art. 115) espionage(art. 117), inciting to war or giving motives for reprisals(art. 118) violation of neutrality(art. 119) correspondence with hostile country(art. 120), flight to enemy’s country (art. 121) piracy and mutiny on the high seas (art 122), END OF DISCUSSION OF ARTICLE 2. THANK YOU FOR READING THIS REVIEWER -CJSM_01 .