Art. 2. Application of its
provisions. — Except as provided in the treaties and laws of preferential
application, the provisions of this Code shall be enforced not only within the
Philippine Archipelago, including its atmosphere, its interior waters and
maritime zone, but also outside of its jurisdiction, against those who:
1. Should commit an offense while
on a Philippine ship or airship;
2. Should forge or counterfeit
any coin currency note of the Philippines Islands or obligations and securities
issued by the Government of the Philippine Islands;
3. Should be liable for acts
connected with the introduction into these Islands of obligations and
securities mentioned in the preceding number;
4. While being public officers or
employees, should commit an offense in the exercise of their functions; or
5. Should commit any of the
crimes against national security and the law of nations, defined in the Title
One of Book Two of this Code.
In what cases are the provisions
of the RPC applicable even if the felony is committed outside of the
Philippines? They are applicable in the following cases:
Par. 1 -When the offender
should commit an offense while on a Philippine ship or airship.
a. Philippine waters
(intra-territorial)
b. High seas (extra-territorial)
A Philippine vessel, beyond 12 nautical
miles from the archipelagic baseline, is considered part of the national
territory. Thus, 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. If Philippine vessel
or aircraft 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.
A Philippine vessel or aircraft
must be understood as that which is registered in the Philippine Bureau of Customs
(BOC). Hence, if a crime is committed 15 nautical miles from the archipelagic
baseline of the Philippines on board a vessel belonging to a Filipino, but the
same is not registered or licensed in accordance with the laws of the
Philippines, No. 1 of Article 2 is NOT APPLICABLE.
The Philippine court has no
jurisdiction over the crime of theft committed on the high seas on board a
vessel not registered or licensed in the Philippines. Jurisdictional Rules
aboard merchant vessels in territorial waters of other countries (foreign
vessels in Philippine seas or Philippine vessels in foreign seas):
a. French Rule – General Rule:
The nationality of the vessel. Exception: If it violates the host’s peace and order.
b. English Rule - General Rule:
The location of the crime. Exception: If it relates to internal management of
the vessel.
In the Philippines, we follow the
English Rule.
ENGLISH RULE: Crimes
committed aboard a vessel within the territorial waters of a country are
triable in the courts of such country.
As against FRENCH RULE:
Crimes committed aboard a vessel within the territorial waters of a country are
not triable in the courts of said country.
International Theories on Aerial Jurisdiction.
a. Free Zone Theory -
atmosphere over the country is free, except for the protection of national
security and public order.
b. Relative Theory -
exercises jurisdiction only up to the extent it can control.
c. Absolute Theory -
Philippine Criminal Law will govern the crimes committed within its territory.
(Adopted by the Philippines)
Par. 2 -When the offender
should forge or counterfeit any coin currency note of the Philippines or
obligations and securities issued by the Government.:
Any person who makes false or
counterfeit coins, or forges treasury, or bank notes or other obligations and
securities in a foreign country, may be prosecuted before the Philippine courts
for violations of Art. 163 or 166 of the Revised Penal Code.
“Art.
163. Making and importing and uttering false coins.
Art. 166.
Forging treasury or bank notes on other documents payable to bearer; importing,
and uttering such false or forged notes and documents.”
Par. 3 -When the offender
should be liable for acts connected with the introduction into the Philippines
of the “obligations and securities” mentioned in the “preceding number.”:
The reason for this provision is
that the introduction of forged or counterfeited obligations and securities into
the Philippines is as dangerous as the forging or counterfeiting of the same,
to the economic interest of the country.
Par. 4 -When the offender,
while being a public officer or employee, should commit an offense in the
exercise of his functions:
a. Direct bribery (Art. 210)
b. Qualified bribery
c. Indirect bribery (Art. 211)
d. Corruption (Art. 212)
e. Frauds against the public
treasury (Art. 213)
f. Possession of prohibited
interest (Art. 216)
g. Malversation of public funds
or property (Art. 217)
h. Failure to render accounts
i. Illegal use of public funds or
property (Art. 220)
j. Failure to make delivery of
public funds or property (Art. 221)
k. Those with discharge of their
duties in a foreign country
If any of the above-mentioned
felonies is committed abroad by any of the Philippine officers or employees
while in the exercise of their functions, they can be prosecuted here.
Par. 5 -When the offender
should commit any of the crimes against the national security and the law of nations.
Crimes against national security:
a. Treason (Art. 114)
b. Conspiracy and proposal to
commit treason (Art. 115)
c. Misprision of treason (Art.
116)
d. Espionage (Art. 117)
Crimes against the law of
nations:
a. Inciting to war or giving
motives for reprisals (Art. 118)
b. Violation of neutrality (Art.
119)
c. Correspondence with hostile
country (Art. 120)
d. Flight to enemy’s country
(Art. 121)
e. Piracy in general and mutiny
on the high seas Orin Philippine water (Art. 122)
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