APPLICATION OF R.A. No. 3815 or the REVISED PENAL CODE.

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)