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EXCEPTIONS TO TERRITORIAL APPLICATION
4. While being public officers or employees,
should commit an offense in the exercise of their
functions; or
- Does the RPC apply to public servants and employees who
commit their offenses abroad?
- Yes as long as it was during the exercise of their
functions.
- The crimes that may be committed in the exercise of public
functions are:
1. DIRECT BRIBERY (ART. 210)
2. INDIRECT BRIBERY (ART. 211)
3. FRAUD AGAINST THE PUBLIC TREASURY (ART. 213)
4. POSSESSION OF PROHIBITED INTEREST (ART. 216)
5. MALVERSATION OF PUBLIC FUNDS OR PROPERTY (ART.
217)
6. FAILURE OF ACCOUNTABLE OFFICER TO RENDER
ACCOUNTS (ART. 218)
7. ILLEGAL USE OF PUBLIC FUNDS OR PROPERTY (ART. 220)
8. FAILURE TO MAKE DELIVERY OF PUBLIC FUNDS OR
PROPERTY (ART. 221)
9. FALSIFICATION BY A PUBLIC OFFICER OR EMPLOYEE
COMMITTED WITH ABUSE OF HIS OFFICIAL POSITION
(ART. 171)
- When any of these felonies is committed abroad by
any of our public officers while in the exercise of their
public functions, he can be prosecuted here.
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EXCEPTIONS TO TERRITORIAL APPLICATION
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.
- The crimes against national security and the law of the nations
are
1. TREASON (ART. 114)
2. CONSPIRACY AND PROPOSAL TO COMMIT TREASON
(ART. 115)
3. ESPIONAGE (ART. 117)
4. INCITING TO WAR AND GIVING MOTIVES FOR REPRISALS
(ART. 118)
5. VIOLATION OF NEUTRALITY (ART. 119)
6. CORRESPONDENCE WITH HOSTILE COUNTRY (ART. 120)
7. FLIGHT TO ENEMY’S COUNTRY (ART. 121)
8. PIRACY AND MUTINY ON THE HIGH SEAS (ART. 122)
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Human Security Act of 2007 (RA 9372)
Has provisions providing for extra-territorial application subject
to existing treaties and laws of preferential application
The Act shall apply to:
1. Persons committing a crime within the Philippine
territory
2. Persons involved in a crime within the Philippine
3. territory despite being physically outside of the
territory
4. Persons who commit an offense while on a Philippine
5. ship or airship
6. Persons who commit crimes within our embassies,
consulates, and other diplomatic premises occupied
by the Philippine government in an official capacity
7. Any person committing a hate crime against
Filipinos
8. Any person committing a crime directly against the
Philippine government