CRIMINAL LAW IN GENERAL

Characteristics of Criminal Law

1. GENERAL, in that criminal law is binding on all persons who live or sojourn in
Philippine territory.
Exception: When provided in the treaties and laws of preferential applications.
2. TERRITORIAL, in that criminal laws undertake to punish crimes committed
within Philippine territory.
Exception: Art. 2 of RPC
3. PROSPECTIVE, in that a penal law cannot make an act punishable in a
manner in which it was not punishable when committed.
Exception: When favorable to the accused.
Exception to exception:
a) Where the law is expressly made inapplicable to pending actions or
existing causes of action;
b) Where the offender is a habitual delinquent.

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PRELIMINARY TITLE
Article 1. Date of Effectiveness
January 1, 1932

Article 2. Application of the Provisions of RPC

The provisions of the RPC shall be enforced not only within the Philippine
Archipelago, but also outside of its jurisdiction in the following cases, against those
who:
1. Should commit an offense while on a Philippine ship or airship;
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Ship must be registered with MARINA.

Airship must be registered with Civil Aeronautics Board.

Registration must be in accordance with the laws of the Philippines.

But when the Philippine vessel or aircraft is in the territory of a foreign

country, Art. 2, par. 1 ceases to apply.

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;
-

Any person who makes false or counterfeit coins or forges treasury or

bank notes or other obligations and securities in a foreign country may be
prosecuted before our courts.

3. Should be liable for acts connected with the introduction into these
Islands of the obligations and securities mentioned in the preceding
number;

4. While being public officers or employees, should commit an offense in

the exercise of their functions; or
-

When any of these felonies is committed abroad by any of our public

officers or employees while in the exercise of his functions, he can be
prosecuted here.

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5. Should commit any of the crimes against national security and the law
of nations, defined in Title One of Book Two of RPC.
Note: Paragraphs 1-5 is not an exemption to the territoriality principle, it is
EXTRATERRITORIALITY.
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The crimes punishable in the Philippines under Art. 2 are cognizable by the RTC
in which the charge is first filed.

Two rules as to jurisdiction over crimes committed aboard foreign merchant

vessels while in the territorial waters of another country:
French 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.
English Rule: Such crimes are triable in that country, unless they merely affect
things within the vessel or they refer to the internal management thereof.
Note: The Philippines adheres to the English Rule.

Mali and Wildenhus vs. Keeper of the Common Jail 120 U.S. 1, cited in People
vs. Wong Cheng, 46 Phil. 729, 731-732
It may not be easy at all times to determine to which of two jurisdictions a
particular act of disorder belongs. Much will undoubtedly depend on the attending
circumstances of the particular case, but all must concede that felonious homicide is
a subject for the local jurisdiction, and that if the proper authorities are proceeding
with the case in the regular way, the consul has no right to interfere to prevent it.

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