Article 2 Flashcards
Under Art. 2, the provisions of the RPC 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 who (5)
- 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;
- While being public officers or employees, should commit an offense in an 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
How many miles from the archipelagic baselines is the breadth of the territorial sea
12 nautical miles
When is a vessel(ship)/aircraft understood to be a Philippine vessel/aircraft?
When it is registered with the Bureau of Customs
Crimes that may be committed in the exercise of public functions (9)
- Direct Bribery (Art. 210)
- Indirect Briber (Art. 211)
- Frauds against the public treasury (Art.213)
- Possession of prohibited interest (Art.216)
- Malversation of public funds or property (Art.217)
- Failure of accountable officer to render accounts (Art.218)
- Illegal use of public funds or property (Art.220)
- Failure to make delivery of public funds or property (Art.221)
- Falsification by a public officer or employee committed with abuse of his official position (Art.171)
Crimes agains the national security and the law of nations (8)
- Treason (Art.114)
- Conspiracy and proposal to commit treason (Art.115
- Espionage (Art.1170
- Inciting to war and giving motives for reprisals (Art.118)
- Violation of neutrality (Art.119)
- Correspondence with hostile country (Art.120)
- Flight to enemy’s country (Art.121)
- Piracy and mutiny on the high seas (Art.122)
The phrase “Except as provided in the treaties and laws of preferentia lapplication.” under Art. 2 of the RPC, what is the general rule and the exception:
General rule: Provisions of the RPC shall be enforced against any person who violates any of its provisions while living or sojourning in the Philippines
Exception: Unless it falls under treaties and laws of preferential applications
Under Art. 2, what do you mean by “its atmosphere”
The air space which covers its territory, subject to the right of way or easement in favor of foreign aircrafts
Under Art. 2, what do you mean by “interior waters” (9)
- Creeks
- Rivers
- Lakes and bays
- Gulfs
- Straits
- Coves
- Inlets
- Roadsteads
- Waters on the landward side of the baseline of the territorial sea (Sec. 1 Ar. 8 of UNCLOS)
Under Art. 2, what do you mean by “maritime zones” (4)
- Territorial waters [12 nautical miles from baseline]
- Contiguous zone [24 …..]
- Exclusive economic zone [200….]
- Continental shelves
The two rules as to jurisdiction over crimes committed aboard merchant vessels while in the territorial waters of another country (2)
- French Rule
- English Rule
What is the French Rule with regards to jurisdiction over crimes committed aboard merchant vessels while in the territorial waters of another country
Such crimes are not triable in the courts of that country, unless their commission affects the peace and security of the territory or the safety of the state is endangered
What is the English Rule with regards to jurisdiction over crimes committed aboard merchant vessels while in the territorial waters of another country
Such crimes are triable in that country, unless they merely affect things within the vessel or they refer to the internal management thereof
Do the Philippine courts have jurisdiction over the crime of homicide committed on board a foreigh merchant vessel by a member of the crew against another?
Yes. All must concede that felonious homicide is a subject for the local jurisdiction, and that if the proper authorities are proceeding wit hthe case in the regular way, the consul has no right to interfere to prevent it
Is mere possession of opium aboard a foreign merchant vessel in transit triable in Philippine courts?
No. Because it does not breach public order however, when the opium has landed from the vessel on Philippine soil, it is an open violation of Philippine laws therefore, triable in the Philippine courts
Is smoking opium on a foreign vessel a breach of public order?
Yes
