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FUNDAMENTAL STUDY OF CRIMINAL LAW : FUNDAMENTAL STUDY OF CRIMINAL LAW DEFINITION CRIMINAL or PENAL LAW is that branc h of public

law, which defines crimes, treats of their nature, and provides for their punishment. NOTE: The Revised Penal Code (Act 3815, enacted December 8, 19 30 and took effect on January 1, 1932) is the book that contains the Philippine Criminal Law. Slide 2: PRINCIPAL PARTS OF THE REVISED PENAL CODE (RPC) Arts. 1-2: Preliminary Title: Da te of Effectiveness and Application of the Provisions of this Code (RPC) Arts. 3 -15: Title One: Felonies and Circumstances which Affect Criminal Liability Arts. 16-20: Title Two: Persons Criminally Liable for Felonies Slide 3: Arts. 21-113: Provisions of Penalties Including Criminal & Civil Liability Arts. 114-367: Felonies Defined under the Different Titles. Slide 4: CHARACTERISTICS OF CRIMINAL LAW It is general in application. It is territorial in character. It must be prospective. Slide 5: PHILOSOPHIES UNDERLYING CRIMINAL LAW SYSTEM Classical/Juristic Philosophy Positi vist/Realistic Philosophy Eclectic/Mixed Philosophy Classical/Juristic Philosophy : Classical/Juristic Philosophy An eye for an eye, a tooth for a tooth philosophy. T he purpose of penalty is RETRIBUTION. The offender is made to suffer for the wro ng he has done. There is scant regard for the human element of the crime. The la w does not look into why the offender committed the crime. Retribution The act o f taking revenge (harming someone in retaliation for something harmful that they have done) Scant means less than the correct or legal or full amount often delib erately so. Slide 7: Capital punishment is a product of this school of thought. Man is regarded as a moral creature who understands right from wrong. So that when he commits a wrong , he must be prepared to accept the punishment therefor. Capital punishment refe rs to death penalty. Positivist/Realistic Philosophy : Positivist/Realistic Philosophy The purpose of penalty is REFORMATION. There is great respect for the human element because the offender is regarded as socially sick who needs treatment not punishment. Crimes are regarded as social phenomen a which constrain a person to do wrong although not of his own volition. Eclectic/Mixed Philosophy : Eclectic/Mixed Philosophy This combines both positivist and classical thinking. Crimes that are economic and social nature should be dealt with in a positivist manner, thus the law is more compassionate. Heinous crimes should be dealt with in a classical manner, thus capital punishment. OTHER THEORIES OF ORIGIN OF CRIMINAL LAW : OTHER THEORIES OF ORIGIN OF CRIMINAL LAW That criminal law originated from priva te wrong or tort. That criminal law originated from the national processes of un ified societies. That criminal law originated from the development of customs, u sages and traditions. That criminal law originated from conflict of interest of different social groups. Tort means any wrongdoing for which an action for damag es may be brought.

Effectivity Date of RPC : Effectivity Date of RPC Act No. 3815, otherwise known as the Revised Penal Code of the Philippines (RPC), took effect on January 1, 1932 (Art. 1, RPC). This law was approved on December 8, 1930. melcon s. lapina Application of RPC (Art. 2) : Application of RPC (Art. 2) The provision in Art. 2 embraces 2 scopes of applica tion. Intraterritorial refers to the application of the RPC within the Philippin e territory. Extraterritorial application of the RPC outside Philippine territor y. melcon s. lapina Extraterritorial Exception to Territoriality : Extraterritorial Exception to Territoriality Should commit an offense while on a Philippine ship or airship; Should forge or counterfeit any coin or currency no te of the Philippine Islands or obligations and securities issued by the Governm ent of the Philippine Islands; Should be liable for acts connected with the intr oduction into these islands of the obligations and securities mentioned in the p receding number; melcon s. lapina Slide 4: While being public officers or employees, should commit an offense in the exerci se of their functions; or Should commit any of the crimes against national secur ity and the law of nations, defined in Title One of Book Two of this Code. melco n s. lapina Philippine Ship or Airship : Philippine Ship or Airship A vessel is considered a Philippine Ship only when it is registered in accordance with Philippine laws. Under International Law, as l ong as such vessel is not within the territorial waters of a foreign country, Ph ilippine laws shall govern. melcon s. lapina Crimes on Philippine Ship or Airship : Crimes on Philippine Ship or Airship If within Philippine waters/atmosphere Phil ippines has jurisdiction. If on the High Seas (International waters) Philippines has jurisdiction. If within the territorial waters or atmosphere of a foreign c ountry jurisdiction is dependent on what rule English or French Rule adopted by the foreign country. melcon s. lapina Crimes on Foreign Merchant Vessel : Crimes on Foreign Merchant Vessel If within Philippine waters Philippines has ju risdiction. If on the High Seas (International waters) country of origin of vess el has jurisdiction. melcon s. lapina Crimes on Foreign Vessel Not Triable in Our Courts : Crimes on Foreign Vessel Not Triable in Our Courts A foreign WAR vessel is part of the sovereignty of the country to whose naval force it belongs. As such, crim es committed on board the said war vessel, even if within our territorial waters , is not triable in our courts. melcon s. lapina Two Rules/Theories Re Crime on Board Foreign Merchant Vessel : Two Rules/Theories Re Crime on Board Foreign Merchant Vessel French Rule English Rule melcon s. lapina

French Rule : French Rule The crime is triable in the country of origin of the vessel, except if it affects the NATIONAL SECURITY of the country where such vessel is within j urisdiction. melcon s. lapina English Rule : English Rule The law of the foreign country where a foreign vessel is within its jurisdiction is strictly applied, except if the crime affects only the INTERNAL MANAGEMENT of the vessel. In which case, it is subject to the penal law of the country where it is registered. melcon s. lapina Important Note : Important Note The Philippines adopts the English Rule. The English Rule and Fre nch Rule apply only to a foreign MERCHANT vessel if a crime was committed aboard that vessel while it was in the territorial waters of another country. If that vessel is in the high seas or open seas, there is no occasion to apply the two r ules. If it is not within the jurisdiction of any country, these rules will not apply. melcon s. lapina QUESTIONS INVOLVING THE TWO RULES : QUESTIONS INVOLVING THE TWO RULES A crime was committed on board a vessel not re gistered in the Philippines. The said vessel was still outside Philippine territ orial waters when the crime was committed. It later entered into our country. Wi ll the RPC apply? QUESTIONS INVOLVING THE TWO RULES : QUESTIONS INVOLVING THE TWO RULES Answer: Yes, as long as the vessel is not regi stered under the laws of any country. Under International Law, a vessel which is not registered in accordance with the laws of any country is considered a pirat e vessel and piracy is a crime against humanity in general, such that wherever t he pirates may go, they can be prosecuted. Note: If the said vessel is registere d, the country where the said vessel was registered will have jurisdiction over the crime.