Preliminary Title Flashcards
Theories in Criminal Law
- Classical Theory
- Positivist Theory
Characteristics of Classical Theory
- The basis of criminal liability is human free will and the purpose of the penalty is retribution.
- That man is essentially a moral creature with an absolutely free will to choose between good and evil, thereby placing more stress upon the effect or result of the felonious act than upon the man, the criminal himself.
- It has endeavored to establish a mechanical and direct proportion between crime and penalty.
- There is a scant regard to the human element.
Characteristics of Positivist Theory
- That man is subdued occasionally by a strange and morbid phenomenon which constrains him to do wrong, in spite or contrary to his volition.
- That crime is essentially a social and natural phenomenon, and as such, it cannot be treated and checked by the application of abstract principles of law and jurisprudence nor by the imposition of a punishment, fixed and determined a priori; but rather through the enforcement of individual measures in each particular case after a thorough, personal and individual investigation conducted by a competent body of psychiatrists and social scientists.
A person commits a crime on board a Philippine ship or airship beyond three miles from the seashore. Can he be tried before our civil courts?
YES, the person can be tried before our civil courts.
Par. 1, Art. 2 of the R.P.C. includes offenders who “should commit an offense while on a Philippine ship or airship” as part of the application of the R.P.C. provisions. Except when the Philippine vessel or aircraft is in the territory of a foreign country, the crime committed on said vessel or aircraft is subject to the laws of that foreign country.
A crime is committed ten miles from the shores of the Philippines on board an unregistered or unlicensed vessel belonging to a Filipino. Do the provisions of the R.P.C. still apply?
NO, the provisions of the R.P.C. do not apply.
A Philippine vessel or aircraft must be understood as that which is registered in the Philippine Bureau of Customs. It is the registration of the vessel or aircraft in accordance with the laws of the Philippines, not the citizenship of its owner, which makes it a Philippine ship or airship. A vessel or aircraft which is unregistered or unlicensed does not come within the purview of Par. 1, Art. 2 of the R.P.C.
A person makes false or counterfeit coins or forges treasury or bank notes or other obligations and securities in a foreign country. Can they be prosecuted before our courts?
YES, they can be prosecuted before our courts.
Par. 2, Art. 2 of the R.P.C. includes offenders who “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” as part of the application of the R.P.C. provisions.
Crimes that may be Committed in the Exercise of Public Functions
- Direct bribery (Art. 210)
- Indirect bribery (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 Against National Security and the Law of Nations
- Treason (Art. 114)
- Conspiracy and proposal to commit treason (Art. 115)
- Espionage (Art. 117)
- 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)
An offense is committed on the high seas on board a foreign merchant vessel. Is it triable by our courts? (U.S. vs. Fowler, G.R. No. 496)
NO, the offense is not triable by our courts because just as our merchant ship is an extension of our territory, foreign merchant ship is considered an extension of the territory of the country to which it belongs.
A Norwegian merchant vessel is sailing from Formosa to the Philippines, failing to provide stalls for animals in transit. Does the Philippines have jurisdiction on the crime? (U.S. vs. Bull, G.R. L-5270)
YES, the Philippines have jurisdiction over the continuing crime because the forbidden conditions existed during the time the ship was within territorial waters, regardless of the fact that the same conditions existed when the ship sailed from the foreign port and while it was on the high seas.
A foreign merchant vessel enters the three-mile limit. Are the ship’s officers and crew subject to the jurisdiction of our courts?
YES, the ship’s officers and crew are subject to the jurisdiction of our courts because Philippine territory extends to three miles from the headlands. The space within three miles of a line drawn from the headlands which embrace the entrance to Manila Bay is within territorial waters.
Rules as to Jurisdiction over Crimes Committed Aboard Merchant Vessels While in the Territorial Waters of Another Country
- French Rule
- English Rule
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
French Rule
Such crimes are triable in that country, unless they merely affect things within the vessel or they refer to the internal management thereof
English Rule
A foreign merchant vessel in transit possesses opium. Is the crime triable in Philippine courts?
NO, the crime is not triable in Philippine courts, because mere possession of opium on such a ship, without being used in our territory, des not bring about in this country those disastrous effects that our law contemplates avoiding. But said courts acquire jurisdiction when the tins of opium are landed from the vessel on Philippine soil because landing or using opium is an open violation of the laws of the Philippines. (U.S. vs. Look Chaw, G.R. No. L-5887)
Likewise, when the foreign merchant vessel is not in transit because the Philippines is its terminal port, the person in possession of opium on board that vessel is liable, because he may be held guilty of illegal importation of opium. (U.S. vs. Ah Sing, G.R. No. L-13005)
