Skip to main content

Offenses While on a Philippine Ship or Airship

     Requisites:
1. Crime is committed on board a  private or merchant ship;
2. The ship or airship must be registered under Philippine Law; and
3. The crime must be committed while the registered Philippine ship is on international wateres.

The Revised Penal Code  applies when such Philippine vessel is found within:
     1. Philippine waters; or
     2. The high seas.

Foreign Merchant Vessels
     1. The French Rule
     General Rule:
     Crimes committed aboard a vessel within the territorial waters of another country are not triable in the courts of that country.
     Exception:
     If the commission affects the peace and security of the territory or when the safety of the state is endangered.

     2. English Rule
     General Rule:
     Crimes committed aboard a vessel within the territorial waters of another country are triable in that country.
      Exception:
     When the crime merely affect things within the vessel.

Foreign Warships
     Warships are always reputed to be the territory of the country to which they belong and cannot be subjected to the laws of another State.

Comments

Popular posts from this blog

RULES ON ACCESSION (BUILDERS/PLANTERS/SOWERS)

In the Civil Code of the Philippines or Republic Act No. 386, there are provisions which govern the laws on property, this chapter discusses about ACCESSION which contains the provision of Builder/Planter/Sower (Article 440 to Article 475). In Accession (Article 440) , it states that, “The ownership of property gives the right by accession to everything which is produced thereby, or which is incorporated or attached thereto, either naturally or artificially.” Also, in Article 445 , “Whatever is built, planted or sown on the land of another, and the improvements or repairs made thereon, belong to the owner of the land, subject to the provisions of the following articles.”. Article 446 states that, “All works, sowing, and planting are presumed made by the owner and at his expense , unless the contrary is proved .” Article 441. To the owner belongs: (1) The natural fruits - Natural fruits are the spontaneous products of the soil, and the young and other products of animals. ...

Classification of Felonies According to Gravity

1. Grave Felonies      They are felonies to which the law attaches the capital punishment or penalties which any of their periods are afflictive, in accordance with Article 25 of the Revised Penal Code.       Afflictive Periods are as follows: a. Reclusion Perpetua b. Reclusion Temporal c. Perpetual or Temporary Absolute Disqualification d. Perpetual or Temporary Special Disqualification e. Prision Mayor f. Fine of more that P6,000.00. 2. Less Grave Felonies      Felonies which the law punishes with penalties which in their maximum period are correctional.     Correctional Period are as follows: a. Prison Correctional b. Arresto Mayor c. Suspension d. Destierro e. Fine equal to or more thatn P200.00 but less that P6,000.00. 3. Light Felonies      Infractions of law for the commission of which the penalty of Arresto Menor or a fine not exceeding P200.00.

Inciting to War or Giving Motives to Reprisals

Elements: 1. The offender performs an unlawful or unauthorized acts. 2. That such acts as:      a. Provoke or give occasion for a war involving or liable to involve the Philippines.      b. Expose Filipino citizens to reprisals on their persons and property. Reprisal      The act or practice in international law of resorting to force short of war in retaliation for damage or loss suffered. Violation of Neutrality Elements: 1. There is a war which the Philippines is not involved. 2. There is a regulation issued by a competent authority for the purpose of enforcing neutrality. 3. The offender violates such regulation. Correspondence with Hostile Country Elements: 1. Made in time of war which the Philippines is involved. 2. Offender makes correspondence with:      a.  Enemy country      b. Territory occupied by enemy troops. 3. Correspondence is either:      a. Prohibited...