Article 2 Flashcards
ATMOSPHERE
sovereignty of the subjacent state; its penal laws extend to all the air space which covers its territory, subject to the right of way or easement in favor of foreign aircrafts
INTERIOR WATERS
creeks, rivers, lakes and bays, gulfs, straits, coves, inlets, and roadsteads
MARITIME ZONE
territorial waters [12 nautical miles], contiguous zone [24 nm], exclusive economic zone [200 nm from the baselines], and continental shelves.
TERRITORIALITY: A PH VESSEL, EVEN BEYOND 12 NM FROM THE ARCHIPELAGO BASELINE, IS CONSIDERED PART OF THE NATIONAL TERRITORY
- Any person who committed a crime on board a Philippine vessel, even outside the territory, can be tried before our civil courts.
- When a Philippine vessel is in the territory of a foreign country, the crime committed on the vessel is subject to the laws of the foreign country.
- If a crime is committed 15 nautical miles from the archipelagic baseline of the Philippines on board a vessel belonging to a Filipino, but not registered in accordance with the laws of the Philippines, 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.
TERRITORIALITY: WHEN THE OFFENDER SHOULD FORGE OR COUNTERFEIT ANY COIN OR CURRENCY NOTE OF THE PHILIPPINES OR OBLIGATIONS AND SECURITIES ISSUED BY THE GOVERNMENT
Any person who forges treasury or bank notes, and make counterfeit coins, even in a foreign country, may be prosecuted before our courts for violation of Art 163 or Art. 166 of RPC
TERRITORIALITY: WHEN THE OFFENDER SHOULD BE LIABLE FOR ACTS CONNECTED WITH THE INTRODUCTION INTO THE PH OF THE OBLIGATIONS AND SECURITIES MENTIONED
The introductions of forged or counterfeited obligations and securities into the Philippines is as dangerous as forging or counterfeiting the same, to the economical interest of the country
TERRITORIALITY: WHEN THE OFFENDER, WHILE BEING A PUBLIC OFFICER OR EMPLOYEE, SHOULD COMMIT AN OFFENSE IN THE EXERCISE OF HIS FUNCTION
Felonies committed abroad by any of our public officers or employees while in the exercise of his function, can be prosecuted here
TERRITORIALITY: WHEN THE OFFENDER ANY OF THE CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF THE NATIONS
Treason, conspiracy and proposal to commit treason, espionage, inciting to war and giving motives for reprisals, violation of neutrality, correspondence with hostile country, flight to enemy’s country, and piracy and mutiny on the high seas
NOT TRIABLE
Foreign merchant ships are considered an extension of the territory of the country to which it belongs; an offense committed on the high seas on board a foreign merchant vessel is not triable by our courts
FRENCH V. ENGLISH RULE
french rule
Crimes are not triable in the courts of that country, unless it affects the peace and security of the territory or the safety of the state is endangered.
English rule
Crimes are triable in the country, unless they merely affect things within the vessel or they refer to the internal management thereof.
UNCLOS
United Nations Convention on the Law of the Sea