Art.2 Applications of Its Provisions

Question 1

What is article 2 of the Revised Penal Code

Answer 1

Except as provided in the treaties and laws of preferential application, the provisions of this code shall be applied not only within the Philippine Archipelago, including its atmosphere, its interior waters and maritime zone, but also outside its jurisdiction against who:

1. Should commit an offense while on a Philippine ship/airship
2. Should forge or counterfeit any coin or currency note of the Philippine islands or obligations/securities issued by the Gov’t of the Philippine islands
3. Should be liable for acts connected to the introduction into these islands the 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
5. Should commit any of the crimes against national security and the laws of nation defined in Title 1 of Book 2 of this code.

Question 2

FIRST PROVISION of Article 2

Answer 2

• Even if PHP ship is beyond 3 miles, it is an extension of our territory
• If within foreign territory, follow foreign laws
• If not registered, no jurisdiction as it is considered committed in the “high seas”

Question 3

SECOND and THIRD PROVISION of Article 2

Answer 3

Introduction of such prohibited obligations and securities carries same weight of criminality as counterfeiting them

Question 4

FOURTH PROVISION of Article 2

Answer 4

Crimes that can be committed by officials:
•Direct/indirect bribery
•Frauds against public treasury
•Possession of prohibited interest
•Malversation of public funds
•Failure of accountable officer to render accounts
•Illegal use of public funds or property
•Falsification by an officer + abuse of position

Question 5

FIFTH PROVISION of Article 2

Answer 5

Crimes of national security include
•Treason
•Conspiracy and proposal to commit treason
•Espionage
•Inciting war
•Violation of neutrality
•Correspondence with or flight to hostile country
•Piracy and mutiny on the high seas

Question 6

Which Courts have jurisdiction over Crimes committed on the High Seas?

Answer 6

REGIONAL TRIAL COURTS have jurisdiction over crimes committed on the high seas or beyond jurisdiction of any country on board a Philippine vessel.

Question 7

RULES OF FOREIGN MERCHANT VESSELS

Answer 7

Such ships count as extensions of other countries as well. Offenses committed on the high seas are not triable.

• Continuing offense triable (US v. Bull – failure to bring secure passage for animals)
• Offenses committed within area is triable

Question 8

2 RULES on Offences committed on a ship in FOREIGN TERRITORY

Answer 8

1. French Rule – Crimes not triable UNLESS they affect the peace and security of the territory/state
2. English Rule – Triable UNLESS merely affect internal management or things within (we follow this)

Question 9

What is the French RULE?

Answer 9

Crimes not triable UNLESS they affect the peace and security of the territory/state

Question 10

What is the English RULE?

Answer 10

Triable UNLESS merely affect internal management or things within (we follow this)

Question 11

Do we jurisdiction on warships?

Answer 11

No. We do not have jurisdiction on warships.