CRIMINAL LAW 1 – TITLE I: FELONIES, ARTS.

1 & 2

Criminal Law No person shall be deprived of life, liberty,

Introduction or property without due process of law, nor
shall any person be denied the equal
Criminal Law- branch or division of law which protection of the laws. (Art III, Sec 1.)
defines crimes, treats of their nature, and provides
for their punishment. 2. Due Process
Crime- an act committed or omitted in violation of a - requires that the accused must be heard in
public law forbidding or commanding it. court of competent jurisdiction, proceeded
against under the orderly process of law, and
Sources of Philippine Criminal Law only punished after inquiry and investigation,
1. The Revised Penal Code (Act No. 3815) and its upon notice to him, with an opportunity to be
amendments. heard, and a judgment awarded within the
2. Special Penal Laws passed by the Philippine authority of a constitutional law.
Commission, Philippine Assembly, Philippine 1.1.a. Substantive- intrinsic validity of the
Legislature, National Assembly, the Batasang law interfering with the rights of the person
Pambansa, and the Congress of the to his life, liberty or property
Philippines. 1.1.b. Procedural- notice and hearing, the
3. Penal Presidential Decrees issued during guarantee of being heard by an impartial
Martial Law. and competent tribunal

No Common Law Crimes in the Philippines 3. Equal Protection

Common law crimes in the United States - all persons or things similarly situated should be
and England, is the body of principles, usages and treated alike, both as to rights conferred and
rules of action, which do not rest for their authority responsibilities imposed
upon any express and positive declaration of the - similar subjects should NOT be treated
will of the legislature, are not recognized in the differently
country UNLESS there be a provision that defines - to guarantee means no person or class of
and punishes the act, even if it be socially or persons shall be denied the same protection of
morally wrong, no criminal liability is incurred by its laws which is enjoyed by other persons or other
commission. classes in like circumstances
Court decisions are NOT sources of criminal
law; they merely explain the meaning of, and apply 4. Non-imposition of excessive fines or cruel
the law, as enacted by the legislative branch. and unusual punishment
Excessive fines shall not be imposed, nor
Power to define and punish crimes cruel, degrading, or inhuman punishment inflicted.
- under the state’s police power Neither shall death penalty be imposed, unless, for
- define, punish, and lay down the rules of compelling reasons involving heinous crimes, the
criminal procedure Congress hereafter provides for it. Any death
- the right of prosecution and punishment for penalty already imposed shall be reduced to
a crime – sovereign power reclusion perpetua.
- guard and defend the interests of the
community, the individual and social rights 5. Excessive Fines
- prohibition only applies to criminal prosecutions
Limitations on the power of Congress to enact - penalty must be flagrantly and plainly
penal legislation oppressive or so disproportionate to the offense
1. Due Process and Equal Protection committed as to shock the moral sense of all
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 CRIMINAL LAW 1 – TITLE I: FELONIES, ARTS. 1 & 2

reasonable persons as to what is right and e.g. Congress passes a law authorizing
proper under the circumstances arrest and imprisonment of communists
without the benefit of a judicial trial;
5.1. Cruel and unusual punishment A law which makes it a crime for a member
- extends only to situations of extreme corporeal of the Communist Party to serve as an
or psychological punishment that strips the officer or employee of a labor union
individual of his humanity
- proscription is aimed more at the form or Constitutional rights of the accused
character of the punishment rather than its Article III, Bill of Rights, of the 1987 Constitution,
severity provides for the following rights:
1. All persons shall have the right to a speedy
6. Ex Post Facto Law or Bill of Attainder disposition of their cases before all judicial,
No ex post facto law or bill of attainder quasi-judicial, or administrative bodies. (Sec.
shall be enacted (Art III, Section 2) 16)
6.1. Ex Post Facto Law is one which: 2. No person shall be held to answer for a criminal
a. Makes criminal an act done before the offense without due process of law. (Sec. 14[1])
passage of the law and which was innocent 3. All persons, except those charged with offenses
when done, and punishes such an act; punishable by reclusion perpertua when
b. Aggravates a crime, or makes it greater evidence of guilt is strong, shall, before
than it was, when committed; conviction, be bailable by sufficient sureties, or
c. Changes the punishment and inflicts a be released on recognizance, as may be
greater punishment than the law annexed to provided by law.
the crime when committed; The right to bail shall not be impaired
d. Alters the legal rules of evidence, and even when the privilege of the writ of
authorizes conviction upon less or different habeas corpus is suspended.
testimony than the law required at the time Excessive bail shall not be required.
of the commission of the offense; 4. In all criminal prosecutions, the accused shall
e. Assumes to regulate civil rights and be presumed innocent until the contrary is
remedies only, in effect imposes penalty or provided, and shall enjoy the right to be heard
deprivation of a right for something which by himself and counsel, to be informed of the
when done was lawful, and; nature and cause of the accusation against him,
f. Deprives a person accused of a crime some to have speedy, impartial, and public trial, to
lawful protection to which he has become meet the witnesses face to face, and to have
entitled, such as the protection of a former compulsory process to secure the attendance of
conviction or acquittal, or a proclamation of witnesses, and the production of evidence in his
amnesty. behalf. However, after arraignment, trial may
To give a law retroactive application to the proceed notwithstanding the absence of the
prejudice of the accused is to make it an ex post accused provided that he has been duly notified
facto law. and his failure to appear is unjustifiable. (Sec
14[2])
6.2. Bill of Attainder 5. No person shall be compelled to be a witness
- legislative act which inflicts punishment without against himself. (Sec 17)
judicial trial Any person under investigation for the
- substitution of a legislative act for a judicial commission of an offense shall have the
determination of guilt right to be informed of his right to remain
silent and to have competent and
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 CRIMINAL LAW 1 – TITLE I: FELONIES, ARTS. 1 & 2

independent counsel preferably of his own covered by direct examination. His silence
choice. shall not in any manner prejudice him.
If the person cannot afford the services 5. To exempt from being compelled to be a
of the counsel, he must be provided with witness against himself.
one. 6. To confront and cross-examine the witness
The rights cannot be waived except in against him at the trial. x x x
writing and in the presence of counsel. 7. To have compulsory process issued to
(Sec. 12[1]) secure the attendance of witnesses and
No torture, force, violence, threat, production of other evidence in his behalf.
intimidation, or any other means which 8. To have a speedy, impartial, and public
vitiate the free will shall be used against trial.
him. Secret detention places solitary, 9. To appeal in all cases allowed in the
incommunicado, or other similar forms of manner prescribed by law.
detention are prohibited. (Sec. 12[2])
Any confession or admission obtained in Rights of the accused may or may not be
violation of this or Section 17 hereof shall be waived.
inadmissible in evidence against him. (Sec. The right of the accused to confrontation
12[3]) and cross-examination MAY be waived – personal
6. Excessive fines shall not be imposed, nor cruel, The right to be informed of the nature and
degrading or inhuman punishment inflicted. cause of the accusation against him MAY NOT be
(Sec. 19[1]) waived – they affect public interest
7. No person shall be twice put in jeopardy of
punishment for the same offense. If an act is Characteristics of Criminal Law
punished by a law and an ordinance, conviction I. GENERAL
or acquittal under either shall constitute a bar to Criminal law is binding on all persons who live
another prosecution for the same act. (Sec. 21) or sojourn in Philippine territory. (Art 14, new Civil
8. Free access to the courts and quasi-judicial Code)
bodies and adequate legal assistance shall not As a general rule, jurisdiction of civil courts is
be denied to any person by reason of poverty. not affected by the military character of the
(Sec. 11) accused.

Statutory rights of an accused Civil courts have jurisdiction to try members

Section 1, Rule 115, of the Revised Rules on of the military except when the offense is
Criminal Procedure provides that in all criminal service-connected
prosecutions, the accused shall be entitled: - applicable to members of the Armed Forces
1. To be presumed innocent until the contrary of the Philippines and other persons subject
is provided beyond reasonable doubt. to military law, including members of the
2. To be informed of the nature and cause of citizens Armed Forces Geographical Units
the accusation against him. - the offense shall be tried by court-martial
3. To be present and defend in person and by - the President of the Philippines, may, in the
counsel at every stage of the proceedings, interest of justice, order or direct at any time
from arraignment to promulgation of the before arraignment that any such crimes or
judgment. x x x offenses be tried by proper civil courts.
4. To testify as a witness in his own behalf,
but subject to cross-examination on matters Service-connected crimes under Articles of War
a. Enlistment, Muster, Returns
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 CRIMINAL LAW 1 – TITLE I: FELONIES, ARTS. 1 & 2

b. Desertion, Absence Without Leave The ratification of the VFA by the President
c. Disrespect, Insubordination, Mutiny and the concurrence of the Senate should be taken
d. Arrest, Confinement as a clear and unequivocal expression of our
e. War Offenses nations consent to be bound by said treaty.
f. Miscellaneous Crimes and Offenses
Law of preferential application
Republic Act No. 7055 did not divest military e.g. R.A. No. 75, in favor of diplomatic
courts of jurisdiction to try service-connected representatives and their domestic servants.
offenses under the Articles of War - exempts ambassadors or public ministers of
- because these are considered “service- any foreign State of arrest or imprisonment,
connected crimes or offenses”; shall be tried by authorized by the President, or any
a court-martial domestic or domestic servant of such
minister, provided that the foreign State
The Revised Penal Code or other penal law, not provides similar protection to Philippine
applicable when military court takes diplomatic representatives.
cognizance of the case. Exceptions
- The Articles of War applies instead. a. A citizen or inhabitant of the Republic of the
Philippines, in the service of an ambassador
The prosecution of an accused before a court- or a public minister, and the process is
martial is a bar to another prosecution for the founded upon a debt contracted before he
same offense. entered upon such service.
A court-martial is a court, and the b. A domestic servant of an ambassador or a
prosecution of an accused before it is a criminal, public minister, unless the name of the
not an administrative case, and therefore, it would servant has, before the issuing thereof,
be, under certain conditions, a bar to another been registered in the Department of
prosecution of the accused for the same offense, Foreign Affairs, and transmitted by the
because the latter would place the accused in Secretary of Foreign Affairs to the Chief of
double jeopardy. Police of the City of Manila.

Exceptions to the General Application Principles of Public International Law

Art 14 of the New Civil Code: Penal laws and According to the list of the Vienna Convention on
those of public security and safety shall be Diplomatic Relations, persons exempted are:
obligatory upon all who live and sojourn in (a) Ambassadors and other heads of mission of
Philippine territory, subject to the principles of equivalent rank who are accredited to the
public international law and treaty stipulations. host heads of state;
a. Treaties or Treaty Stipulations (b) Envoys extraordinary, ministers
e.g. Visiting Forces Agreement (VFA) between the plenipotentiary, and other representatives
Philippines and the U.S.A. who are accredited to the host heads of
state;
(c) Chargés d’affaires, who are accredited to
Bayan v. Zamora, G.R. No. 138570 the minister of foreign affairs
As long as the USA accepts or
acknowledges the VFA as a treaty, and binds itself
further to comply with its obligations under the Only the heads of missions and members of the
treaty, there is marked compliance with the diplomatic staff have blanket immunity from
mandate of the Constitution. civil and criminal suits
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 CRIMINAL LAW 1 – TITLE I: FELONIES, ARTS. 1 & 2

- “staff of the diplomatic mission”: diplomatic 1. arising out of a contract concluded by a

staff, administrative staff, and technical and consular officer or a consular employee in
service staff- excluded are accorded which he did not contract expressly or
diplomatic rank. impliedly as an agent of the sending State,
- entitlement to immunity is determined by the or;
performance of duties of diplomatic nature 2. by a third party for damage arising from an
Diplomatic agents are the heads of missions or accident in the receiving State caused by a
members of the diplomatic staff vehicle, vessel or aircraft.

A consul is not entitled to the privileges and Sovereign immunity from suit-
immunities accorded diplomats Art. XVI, Sec. 3 of the 1987 Constitution. “The State
Minucher v. CA, GR No. 142396 may not be sued without its consistent.”
Consuls who – represent their respective states - applied to cases filed against State officials.
in concerns of commerce and navigation and Garcia v. Chief of Staff, 16 SCRA 120
perform certain administrative and notarial duties, The doctrine prohibits only suits against the
such as the issuance of passports and visas, state without its consent, but is also applicable to
authentication of documents, and administration of complaints filed against officials of the state for acts
oaths, do not ordinarily enjoy the traditional allegedly performed by them in the discharge of
diplomatic immunities and privileges accorded their duties. If the judgment against officials will
diplomats, mainly for the reason that they are not require the state itself to perform an affirmative act
charged with the duty of representing their states in to satisfy the same, such as the appropriation of the
political matters amount needed to pay the damages awarded
against them, the suit must be regarded as against
Schneckenburger v. Moran, 63 Phil 250 the state itself although it has not been formally
A consul is not entitled to the privileges and impleaded.
immunities of an ambassador or minister, but is In such situation, the state may move to
subject to the laws and regulations of the country to dismiss the complaint on the ground that it has
which he is accredited. been filed without its consent.
- in the absence of a treaty to the contrary, a
consul is not exempt from criminal Doctrine of sovereign immunity from State,
prosecution for violations of the laws of the applied to case filed against State officials
country where he resides United States v. Guinto, 182 SCRA 644
- consuls, vice-consuls, and other commercial For discharging their duties as agents of the
representatives of foreign nations do not US, they cannot be directly impleaded for acts
possess the status of, and cannot claim the imputable to their principal, which has not given its
privileges and immunities accorded to consent to be sued.
ambassadors and ministers
Minucher v. GA, GR No. 142396
Vienna Convention on Consular Relations Scalzo, an agent of the US Drug
Art. 43 of the Vienna Convention on Consular Enforcement Agency allowed by the Philippine
Relations grants immunity from suit to consular government to conduct activities in the country to
officers and consular employees for acts performed help contain the problem on the drug traffic, is
in the exercise of consular functions. However, entitled to the defense of state immunity from suit.
such immunity shall not apply in respect of a civil
action: Doctrine of sovereign immunity from suit does
not apply when State officials are sued in their
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 CRIMINAL LAW 1 – TITLE I: FELONIES, ARTS. 1 & 2

private or personal capacity or for unauthorized committed in the Philippines, thus, courts have
acts territorial jurisdiction over the offense charged.
Shauf v. Court of Appeals AAA. v. BBB, GR No. 212448
The cloak of protection afforded the officers What R.A. No. 9262 criminalizes is not the
and agents of the government is removed the marital infidelity but the psychological violence
moment they are sued in their individual capacity. causing mental or emotional suffering on the wife.
This situation arises where the public official acts Even if the alleged extramarital affair causing the
without authority or in excess of the powers vested offended wife mental and emotional anguish is
in him. A public official may be liable in his personal committed abroad, the same does not place a
private capacity for whatever damage he may have prosecution under R.A. No. 9262 absolutely beyond
caused by his act done with malice and in bad faith the reach of Philippine Courts.
or beyond the scope of his authority and
jurisdiction. III. PROSPECTIVE
Penal laws shall have no retroactive application,
Immunity of ADB officers and staff they require the character of an ex post facto law.
- Sec 45 of the Agreement between the Asian Art. 21: “No felony shall be punishable by any
Development Bank and the Government of penalty not prescribed by law prior to its
the Republic of the Philippines Regarding commission.”
Headquarters of the Asian Development
Bank Principle of prospectivity of penal laws, applied
Jeffrey Liang v. People, GR No. 125865 People v. Derilo, GR No. 117878
The slander of a person cannot be In case of every doubt, the doubt will be
considered as falling within the purview of the resolved against the retroactive application of laws.
immunity granted to ADB officers and personnel
Exceptions to the prospective applications of
Presidential immunity from suit criminal laws
- it is settled in jurisprudence that the - when it is favorable to the accused
President enjoys immunity from suit during - when a new statute dealing with crime
his or her tenure of office or actual established conditions more lenient or
incumbency. favorable to the accused
- It cannot be invoked by a non-sitting
president even for acts committed during his Exceptions to the exceptions:
or her tenure. 1. Where the new law is expressly made
inapplicable to pending actions ot existing
II. TERRITORIAL causes of action
Criminal laws undertake to punish crimes 2. Where the offender is a habitual deliquent
committed within Philippine territory.
The principle of territoriality means that as a Valeroso v. People, GR No. 164815
rule, penal laws of the Philippines are The fine imposed is still advantageous to
enforceable only within its territory. the accused, considering that the imprisonment is
Exceptions: Art. 2 of the R.P.C. lowered to prision correccional in its maximum
period from reclusion perpetua.
Territoriality Principle, applied Different effects of repeal on penal law.
Del Socorro v. Van Wilsem, G.R. No. 194707 1. If the repeal makes the penalty lighter in the
The alleged continuing acts of respondent in new law, the new law shall be applied, except
refusing to support his child with petitioner is when the offender is a habitual delinquent or
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 CRIMINAL LAW 1 – TITLE I: FELONIES, ARTS. 1 & 2

when the law is made not applicable to pending Cessante ratione legis cessat ipsa lex – The
action or existing causes of action. reason for the law ceasing, the law itself also
2. If the new law imposes a heavier penalty, the ceases
law in force at the time of the commission of the
offense shall be applied. Self-repealing law
3. If the new law totally repeals the existing law so People v. Jacinto, 54 O.G. 7587
that the act which was penalized under the old When an act expires by its own limitation,
law is no longer punishable, crime is obliterated. the effect is the same as though it had been
repealed at the time of its expiration; and it is a
When the repeal is absolute, the offenses recognized rule in this jurisdiction that the repeal of
ceases to be criminal – People v. Tamayo, 61 a law carries with it the deprivation of the courts of
Phil 225 jurisdiction to try, convict, and sentence persons
Tuates v. Bersamin, GR No. 138962 charged with violation of the old law prior to the
The repeal of P.D. No. 772 is explicit, repeal.
categorical, definite, and absolute. The act that was
penalized ceases to be criminal under R.A. No. Construction of Penal Laws
8368, and the previous offense is obliterated. 1. Penal laws are strictly construed against the
Government and liberally in favor of the
When the new law and the old law penalize the accused.
same offense, the offender can be tried under People v. Gatchalian, 104 Phil 664
the old law This may be invoked only where the law
U.S. v. China, 12 Phil. 241 is ambiguous and there is doubt as to its
Where an Act of the Legislature penalizes interpretation. Otherwise, there is no room for
an offense repeals a former act which penalized the the application of the rule.
same offense, such repeal does not have the effect 2. In the construction or interpretation of the
of thereafter depriving the courts of jurisdiction to provisions of the R.P.C., the Spanish text is
try, convict and sentence offenders charged with controlling, because it was approved by the
violations of the old law prior to its repeal. Philippine Legislature in its Spanish text.
U.S. v. Abad Santos, 36 Phil 243, 246
When the repealing law fails to penalize the No person should be brought within the
offense under the old law, the accused cannot terms of criminal statutes who is not clearly within
be convicted under the new law them, nor should any act be pronounced criminal
People v. Sindiong and Pastor, 77 Phil. 1000 which is not clearly made so by the statute
The accused, charged with violations of the People v. Mangulabnan, 99 Phil. 992, 998
old law prior to the repeal, cannot be legally While the English text of Art. 294 par 1
prosecuted after such repeal. convey the meaning that homicide should be
intentionally committed, the Spanish text means
A person charged under a repealed statute may that it is sufficient that the homicide resulted, even
be punished under the repealing statute. by mere accident.
People v. Hon. Toledano, GR No. 110220

A new law which omits anything contained in

the old law dealing on the same subject,
operates as a repeal of anything not so
included in the amendatory act THE REVISED PENAL CODE
People v. Almuete, 69 SCRA 410 Act No. 3815, as amended
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AN ACT REVISING THE PENAL CODE AND this Code shall be enforced not only within
OTHER PENAL LAWS the Philippine Archipelago, including its
atmosphere, its interior waters, and
Art. 1. Time when Act takes effect. – This Code maritime zone, but also outside of its
shall take effects on the first day of January, jurisdiction, against those who:
nineteen hundred and thirty-two. 1. Should commit an offense while on a
Philippine ship or airship;
Two Theories in Criminal Law 2. Should forge or counterfeit any coin or
a. Classical Theory currency note of the Philippine Islands
(1) The basis of criminal liability is human free or obligations and securities issued by
will and the purpose of the penalty is the Government of the Philippine
retribution. Islands;
(2) That man is essentially a moral creature, 3. Should be liable for acts connected with
with absolute free will to choose between the introduction into these Islands of the
good and evil, placing more stress upon the obligations and securities mentioned in
effect or result of the felonious act than the preceding number;
upon the criminal itself 4. While being public officers or
(3) It has endeavored to establish a mechanical employees, should commit an offense in
and direct proportion between crime and the exercise of their functions; or
penalty 5. Should commit any of these crimes
(4) There is a scant regard to the human against national security and the law of
element. nations, defined in Title One of Book
Two of this Code.
b. Positivist Theory - treason, conspiracy and proposal to commit
(1) Man is subdued occasionally by a strange treason, espionage
and morbid phenomenon which constrains
him to do wrong, in spite of or contrary to In what cases are the provisions of the RPC
his volition. applicable even if the felony is committed
(2) Crime is essentially a social and natural outside the Philippines?
phenomenon, and as such, cannot be (1) When the offender should commit an
treated by the application of abstract offense while on a Philippine ship or airship
principles of law and jurisprudence nor by - although beyond 12 nautical miles from the
the imposition of a punishment, fixed and archipelagic baseline
determined a priori; but through the - but when the Philippine vessel or aircraft is
enforcement of individual measures in each in the territory of a foreign country, the crime
particular case after a thorough, personal committed on said vessel or aircraft is
and individual investigation subject to the laws of that foreign country.
- Philippine vessel or aircraft must be
registered in the Philippine Bureau of
Customs

Art. 2. Application of its provisions. – Except

as provided in the treaties and laws of U.S. v. Fowler, 1 Phil 614
preferential application, the provisions of
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 CRIMINAL LAW 1 – TITLE I: FELONIES, ARTS. 1 & 2

The Philippines has no jurisdiction over the Crimes punishable in the Philippines under Art.
crime of theft committed on the high seas on 2 are cognizable by the Regional Trial Court in
board a vessel not registered or licensed in the which the charge is filed.
Philippines.
IMPORTANT WORDS AND PHRASES IN ART. 2
(2) When the offender should forge or (1) “Except as provided in treaties and laws of
counterfeit any coin or currency note of the preferential application
Philippines or obligations and securities - RP-US VFA, Military Bases Agreement
issued by the Government between the Republic of the Philippines and
- including the forging of treasury bank notes the U.S.A., and the provisions of R.A. No.
or other obligations and securities. 75

(3) When the offender should be liable for acts (2) “its atmosphere”
connected with the introduction into the - subject to the right of way or easement in
Philippines of the “obligations and favor of foreign aircrafts
securities” mentioned in the “preceding (3) “interior waters”
number” - includes creeks, rivers, lakes and bays,
- introduction of forged or counterfeited gulfs, straits, coves, inlets and roadsteads.
obligations and securities into the country is Sec. 1 Art. 8 of UNCLOS – Waters on the
as dangerous as forging or counterfeiting of landward side of the baseline of the
to the economical interest of the country territorial sea form part of the internal waters
(4) “maritime zone” includes the:
(4) When the offender, while being a public Magallona v. Ermitta, GR No. 187167
officer or employee, should commit an - territorial waters – 12 nautical miles from the
offense in the exercise of his functions baselines
- when any of these felonies is committed - contiguous zone – 24 nautical miles from
abroad by any of our public officers or the baselines
employees while in the exercise of his - exclusive economic zone – 200 nautical
functions, he can be prosecuted here miles from the baselines
e.g. Art 210 – direct bribery - continental shelves
Art. 211 – indirect bribery
Art. 213 – frauds against the public treasury Crimes committed on board a foreign merchant
Art. 216 – possession of prohibited interest ship or airship
Art. 217 – malversation of public funds or U.S. v. Fowler, 1 Phil 614
property A foreign merchant shup is considered an
Art. 218 – failure of accountable officer to extension of the territory of the country to which it
render accounts belongs. Thus, an offense committed on the high
Art. 220 – illegal use of public funds or seas on board a foreign merchant vessel is not
property triable by our courts.
Art. 221 – failure to make delivery of public
funds or property Continuing offense on board a foreign vessel
Art. 171 – falsification by a public officer or U.S. v. Bull, 15 Phil 7
employee committed with abuse of his The offense of failing to provide suitable
official position means of securing animals while transporting them
on a foreign ship from a foreign port to a port of the
Philippines is within the jurisdiction of the courts of
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 CRIMINAL LAW 1 – TITLE I: FELONIES, ARTS. 1 & 2

the Philippines when the forbidden conditions Do the Philippine courts have jurisdiction over
existed during the time the ship was within the the crime of homicide committed on board a
territorial waters, regardless of the fact that the foreign merchant vessel by a member of the
same conditions existed when the ship sailed from crew against another?
the foreign port and while it was on the high seas. - disorders which disturb only the peace of
the ship or those on board are to be dealt
Rules as to jurisdiction over crimes committed with exclusively by the sovereignty of the
abroad foreign merchant vessels home of the ship; those which disturb the
a. French Rule – Such crimes are not triable public peace may be suppressed, and
in the courts of that country, unless their punished
commission affects the peace and security Mali and Wildenhus v. Keeper of the Common Jail
of the territory or the safety of the state is Felonious homicide is subject for local
endangered. jurisdiction. If proper authorities are proceeding with
b. English Rule – Such crimes are triable in the case in a regular way, the consul has no right to
that country, unless they merely affect interfere or prevent it
things within the vessel or they refer to the
internal management thereof. Crimes not involving a breach of public order
committed on board a foreign merchant vessel
The criminal jurisdiction of the coastal State in transit not triable by our courts
should not be exercised on a board a foreign ship U.S. v. Look Chaw, 18 Phil 573
passing through the territorial sea to arrest or to Mere possession of opium aboard a foregin
conduct any investigation in connection with any merchant vessel in transit is not triable in Philippine
crime committed on board the ship during its courts, because that fact alone does not constitute
passage, EXCEPT: a breach of public order.
a. if the consequences of the crime extend to Reason: Mere possession of opium on such a ship,
the coastal State; without being used in our territory, does not bring
b. if the crime is of a kind to disturb the peace about in this country those disastrous effects that
of the country or the good order of the our law contemplates avoiding. When the tins of
territorial sea; opium are landed from the vessel on Philippine soil,
c. if the assistance of the local authorities has courts acquire jurisdiction. Landing or using opium
been requested by the master of the ship or is an open violation of the laws of the Philippines
by a diplomatic agent or consular officer of
the flag State; or Smoking opium constitutes a breach of public
d. if such measures are necessary for the order
suppression of illicit traffic in narcotic drugs People v. Wong Cheng, 46 Phil 729
or psychotropic substances. The primary object of law in punishing the
use of opium is to protect the inhabitants of this
- the coastal State has the right to take any country against the disastrous effects entailed by
steps on board after leaving internal waters the use of such drug.
- the he coastal State may not take any steps
on board BEFORE the ship entered the Philippine courts have no jurisdiction over
territorial sea, if the ship, proceeding from a offenses committed on board foreign warships
foreign port, is only passing through the in territorial waters
territorial sea without entering internal - distinction must be made between merchant
waters. ships and warships – merchant ships are
subjected to territorial laws
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U.S. v. Fowler, 1 Phil 614

Warships are always reputed to be the
territory of the country to which they belong and
cannot be subjected to the laws of another State. A
U.S. Army transport is considered a warship.

Extra-territorial Application of the R.A. No. 9372

“Human Security Act of 2007”
Section 58 of R.A. No. 9372 provides that the
subject to the provision of an existing treaty of
which the Philippines is a signatory and to any law
of preferential application, the provisions of the Act
shall apply:
1. to individual persons who commit any of the
crimes defined and punished in the Act
within the terrestrial domain, interior waters,
maritime zone, and airspace of the
Philippines;
2. to individual persons who, although
physically outside the territorial limits of the
Philippines, commit, conspire or plot any of
the crimes defined and punished in the Act
inside the territorial limits of the Philippines;
3. to individual persons, who, although
physically outside the territorial limits of the
Philippines, commit any of the said crimes
on board Philippine ship or airship;
4. to individual persons who, although
physically outside the territorial limits of the
Philippines, commit said crimes against
Philippine descent, where the citizenship or
ethnicity was a factor in the commission of
the crime; and
5. to individual persons who, although
physically outside the territorial limits of the
Philippines, commit said crimes directly
against the Philippine government.

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