Criminal Law 1.2

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Effectivity Date of RPC : 

Effectivity Date of RPC Act No. 3815, otherwise known as the Revised Penal Code of the Philippines (RPC), took effect on January 1, 1932 (Art. 1, RPC). This law was approved on December 8, 1930. melcon s. lapina

Application of RPC (Art. 2) : 

Application of RPC (Art. 2) The provision in Art. 2 embraces 2 scopes of application. Intraterritorial – refers to the application of the RPC within the Philippine territory. Extraterritorial – application of the RPC outside Philippine territory. melcon s. lapina

Extraterritorial – Exception to Territoriality : 

Extraterritorial – Exception to Territoriality Should commit an offense while on a Philippine ship or airship; 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; Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the preceding number; melcon s. lapina

Slide 4: 

While being public officers or employees, should commit an offense in the exercise of their functions; or Should commit any of the crimes against national security and the law of nations, defined in Title One of Book Two of this Code. melcon s. lapina

Philippine Ship or Airship : 

Philippine Ship or Airship A vessel is considered a Philippine Ship only when it is registered in accordance with Philippine laws. Under International Law, as long as such vessel is not within the territorial waters of a foreign country, Philippine laws shall govern. melcon s. lapina

Crimes on Philippine Ship or Airship : 

Crimes on Philippine Ship or Airship If within Philippine waters/atmosphere – Philippines has jurisdiction. If on the High Seas (International waters) – Philippines has jurisdiction. If within the territorial waters or atmosphere of a foreign country – jurisdiction is dependent on what rule – English or French Rule – adopted by the foreign country. melcon s. lapina

Crimes on Foreign Merchant Vessel : 

Crimes on Foreign Merchant Vessel If within Philippine waters – Philippines has jurisdiction. If on the High Seas (International waters) – country of origin of vessel has jurisdiction. melcon s. lapina

Crimes on Foreign Vessel – Not Triable in Our Courts : 

Crimes on Foreign Vessel – Not Triable in Our Courts A foreign WAR vessel is part of the sovereignty of the country to whose naval force it belongs. As such, crimes committed on board the said war vessel, even if within our territorial waters, is not triable in our courts. melcon s. lapina

Two Rules/Theories Re Crime on Board Foreign Merchant Vessel : 

Two Rules/Theories Re Crime on Board Foreign Merchant Vessel French Rule English Rule melcon s. lapina

French Rule : 

French Rule The crime is triable in the country of origin of the vessel, except if it affects the NATIONAL SECURITY of the country where such vessel is within jurisdiction. melcon s. lapina

English Rule : 

English Rule The law of the foreign country where a foreign vessel is within its jurisdiction is strictly applied, except if the crime affects only the INTERNAL MANAGEMENT of the vessel. In which case, it is subject to the penal law of the country where it is registered. melcon s. lapina

Important Note : 

Important Note The Philippines adopts the English Rule. The English Rule and French Rule apply only to a foreign MERCHANT vessel if a crime was committed aboard that vessel while it was in the territorial waters of another country. If that vessel is in the high seas or open seas, there is no occasion to apply the two rules. If it is not within the jurisdiction of any country, these rules will not apply. melcon s. lapina

QUESTIONS INVOLVING THE TWO RULES : 

QUESTIONS INVOLVING THE TWO RULES A crime was committed on board a vessel not registered in the Philippines. The said vessel was still outside Philippine territorial waters when the crime was committed. It later entered into our country. Will the RPC apply?

QUESTIONS INVOLVING THE TWO RULES : 

QUESTIONS INVOLVING THE TWO RULES Answer: Yes, as long as the vessel is not registered under the laws of any country. Under International Law, 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. Note: If the said vessel is registered, the country where the said vessel was registered will have jurisdiction over the crime.

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