Territoriality of Criminal Law Flashcards
Art. 2 of the Revised Penal Code
ART. 2 Application of its provisions - Except as provided in the treaties and laws of preferential application, the provisions of the Code 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 those who:
- 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 the 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.
What are the exceptions to the territoriality of Philippine Criminal Law as defined by RPC Art. 2 when crimes are committed inside the Philippine territory?
The exceptions to the territoriality for crimes committed within the country are treaties and laws of preferential application.
What are the two rules on the jurisdiction of triability of crimes on board foreign vessels?
The English Rule and the French Rule.
English Rule - flag of port of country tries offenses committed on board the foreign ship, unless they are so minor that they only affect the ship and its crew.
French rule - flag of the ship tries offenses committed on board the foreign ship, unless the offenses are inimical to the public safety of the country.
What rule does the Philippines observe as regards the jurisdiction to try crimes / offenses committed on board foreign vessels docked in its territory?
The Philippines adheres to the English rule as regards the jurisdiction of crimes or offenses committed on board foreign vessel ships docked in its ports.
What were the two facts in US vs Ah Sing that led to the conviction for the crime of importation of opium?
The two facts present in the case were: (1) there were 6 cans of opium which denotes generous quantity, (2) the ship was not in transit, it’s port of destination was Port of Cebu, Philippines.
What was the fact that led to the acquittal of Miquiabas?
The alleged offense occurred in the Port of Manila, which was not defined to be part of the US Bases.
When can a person sue due to marital infidelity?
A person may file a suit when the marital infidelity results in psychological violence on the part of the wife as per VAWC law.
Can a person be liable for a crime due to marital infidelity?
No, a person cannot be liable for the crime of marital infidelity because no law punishes marital infidelity.
What is a transitory crime?
A transitory crime is a crime that continues to be committed where (1) the commission of the crime was in another place, but (2) the crime was consummated in another place.
In the case of AAA v BBB, what kind of crime was committed, and why was it considered such?
The crime committed in the case of AAA v BBB was a transitory or continuing crime. It was considered a continuing crime because the act or commission of the crime occurred in Singapore (extra-marital affair abroad), but the effects of the crime, or the crime was consummated in the Philippines (the wife felt the effects - psychological violence).
What are the two types of illegal possession of firearms?
The first type of possession is (1) physical possession, and the second type is (2) constructive possession.
What is constructive possession?
It is the type of possession of where it is presumed or construed that the person owns the illegal item due to the existence of animus possidendi or intent to possess.
What is animus possidendi?
Animus possidendi is a state of mind that denotes intent to possess.
How is illegal possession of firearms by animus possidendi convicted?
The crime is determined solely based on the person’s prior and coetaneous acts and the surrounding circumstances explaining how the subject object came to possession.
