ARTICLE 2. SCOPE OF APPLICATION OF THE CODE

Question 1

What are the 2 applications of the Code? (GENERAL RULE)

Answer 1

A. Intra-territorial - within the Philippine archipelago, including its atmosphere, interior waters and maritime zone.

B. Extra-territorial - the Code may be given application even to those crimes committed outside the Philippine territorial jurisdiction.

Question 2

What is the law on preferential application?

Answer 2

Treaties and laws of preferential application prevail over the provisions of the Code such as RA No. 75 on immunity of diplomatic representatives of foreign countries. Under international laws, sovereigns, heads of states and their official representatives enjoy immunity from suits.

Question 3

What are the EXCEPTIONS under Art. 2 of the RPC?

Answer 3

1. Should commit an offense while on a Philippine ship or airship
2. 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;
3. Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the presiding 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 Title One of Book Two of this Code.

Question 4

Explain the ‘crimes committed within a PH ship/airship’.

Answer 4

> does NOT APPLY when the ship/airship is WITHIN FOREIGN TERRITORY. But if the foreign country did not assume jurisdiction, the PH will have jurisdiction.

> does NOT APPLY if ship/airship is NOT PROPERLY REGISTERED with the Philippine Bureau of Customs even if the owner is Filipino. The country of registry determines the nationality of the ship/airship, not its ownership.

> does NOT APPLY if the crime is COMMITTED IN THE HIGH SEAS (i.e., areas of the seas not belonging to any country), BUT the vessel is not registered or licensed in the PH.

Question 5

What is the difference between French Rule and English Rule?

Answer 5

French/English Rules refer to the jurisdiction over MERCHANT vessels of one country located in another country. The rule does NOT apply to WAR vessels.

1. FRENCH rule recognizes flag/nationality of vessel. The country of registry will have jurisdiction BUT when the crime violated the peace and order of the host country (such as drug trafficking), the host country will have jurisdiction. (french > flag)
2. ENGLISH rule adheres strictly to the territoriality principle or situs of the crime. The country of registry will have jurisdiction only where the crime relates to internal management of the vessel. In other cases (such as drug-trafficking), the host country will have jurisdiction.

Note: With regards to foreign ships, the PH follows the ENGLISH rule.