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Criminal Law - Book 1

The principle of territoriality states that penal laws generally apply to crimes committed within the territorial limits of the Philippines. The principle of extra-territoriality is an exception to the territoriality principle. It allows the Philippines to exercise jurisdiction over crimes committed outside its territory in specific situations outlined in Article 2 of the Revised Penal Code, such as crimes committed on Philippine ships or aircraft (flag principle) or crimes against national security and international law (universality principle). So in summary: - Territoriality principle: Philippine penal laws apply to crimes within Philippine territory - Extra-territoriality principle: Allows Philippine jurisdiction over crimes committed outside the territory in limited cases specified in Article 2 RPC

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260 views9 pages

Criminal Law - Book 1

The principle of territoriality states that penal laws generally apply to crimes committed within the territorial limits of the Philippines. The principle of extra-territoriality is an exception to the territoriality principle. It allows the Philippines to exercise jurisdiction over crimes committed outside its territory in specific situations outlined in Article 2 of the Revised Penal Code, such as crimes committed on Philippine ships or aircraft (flag principle) or crimes against national security and international law (universality principle). So in summary: - Territoriality principle: Philippine penal laws apply to crimes within Philippine territory - Extra-territoriality principle: Allows Philippine jurisdiction over crimes committed outside the territory in limited cases specified in Article 2 RPC

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MALA IN SE MALA PROHIBITA

a) inherently wrong or immoral a) not inherently wrong; only


wrong because they are prohibited
by law;

b) good faith or lack or criminal b) good faith is not a defense


intent is a defense

c) modifying circumstances can c) modifying circumstances are not


be appreciated appreciated UNLESS the special
law punishing the crime adopts the
technical nomenclature of the RPC

d) punishable under the RPC d) punishable under special law


MALA IN SE v. MALA
PROHIBITA
IS THE RPC
APPLICABLE OUTSIDE
THE PH
JURISDICTION?
ART. 2. RPC: Application of its provisions. — Except as provided in the treaties and laws of
preferential application, the provisions of this 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:

1. Should commit an offense while on a Philippine ship or airship; (FLAG STATE RULE)

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;
(PROTECTIVE PRINCIPLE)

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 (FUNCTION RELATED CRIME)

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. (UNIVERSALITY PRINCIPLE)
WHAT IS THE
GENERALITY
PRINCIPLE?
ART. 14. NCC: Penal laws and those of public security and safety
shall be obligatory upon all who live or sojourn in the Philippine
territory, subject to the principles of public international law and to
treaty stipulations.

EXCEPTIONS:

1) Principles of Public International Law;

2) Treaty stipulations;

3 Laws of preferential application; and

4) Case law.
WHAT IS THE PRINCIPLE
OF TERRITORIALITY?
EXTRA-
TERRITORIALITY?
GENERAL RULE: Penal laws shall apply to all crimes committed
within the limits of the Philippine territory.

EXCEPTIONS:
1) Treaties; and 2) Laws of preferential application.

PRINCIPLE OF EXTRA-TERRITORIALITY – Philippines has


jurisdiction over crimes committed outside its territory against
those who commits any of the crimes stated in Article 2 of the RPC.

❤ Principles of Territoriality and Extra-Territoriality likewise applies to


violations of Piracy under PD 532.

❤ Trafficking in persons and terrorism provides for their own extra-


territoriality rule, thus, Art. 2 does not apply.

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