I. Criminal Law : Definition and SourcesCriminal Law I
UP LAW BAROPS 2007ONE UP
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refers to the applicationof the Revised Penal Code outside thePhilippines territory.Extraterritorial application of theRevised Penal Code on a crime committedon board a Philippine ship or airship is notwithin the territorial waters oratmosphere of a foreign country.Otherwise, it is the foreign country’scriminal law that will apply.However, there are two situationswhere the foreign country may not applyits criminal law even if a crime wascommitted on board a vessel within itsterritorial waters and these are:
When the crime is committed in awar vessel of a foreign country,because war vessels are part of thesovereignty of the country to whosenavel force they belong;
When the foreign country in whoseterritorial waters the crime wascommitted adopts the French Rule,which applies only to merchantvessels, except when the crimecommitted affects the nationalsecurity or public order of suchforeign country.
d.Crimes committed aboard merchantvessels while in the territorial watersof another country
These rules apply only to a foreignmerchant vessel if a crime was committedaboard that vessel while it was in theterritorial waters of another country. If thatvessel is in the high seas or open seas,there is no occasion to apply the two rules.If it is not within the jurisdiction of anycountry, these rules will not apply.i.The French Rule
The French Rule provides that thenationality of the
follows the flagwhich the vessel flies, unless the crimecommitted endangers the nationalsecurity of a foreign country where thevessel is within jurisdiction in which casesuch foreign country will never lose jurisdictionover such vessel.
ii.The English (Or Anglo-Saxon OrAmerican) RuleThis rule strictly enforces theterritoriality of criminal law.
The law of the foreign country where a foreign vesselis within its jurisdiction is strictly applied,except if the crime affects only theinternal management of the vessel inwhich case it is subject to the penal law of the country where it is registered.
We observe the English Rule. Philippinecourts have no jurisdiction over offensescommitted on board foreign warships interritorial waters.
e.THREE INTERNATIONAL THEORIESON AERIAL JURISDICTION
i.Free Zone Theory
The atmosphere over the country isfree and not subject to the jurisdiction of the subjacent state, except for theprotection of its national security andpublic order.
Under this theory, if a crime iscommitted on board a foreign aircraft atthe atmosphere of a country, the law of that country does not govern unless thecrime affects the national security.ii.Relative Theory
The subjacent state exercises jurisdiction over the atmosphere only tothe extent that it can effectively exercisecontrol thereof.
Under this theory, if a crime wascommitted on an aircraft that is alreadybeyond the control of the subjacent state,the criminal law of the state will notgovern
. But if the crime iscommitted in an aircraft within theatmosphere over a subjacent state thatexercises control, then its criminal law willgovern.iii.Absolute TheoryAdopted by the Philippines
state has complete jurisdiction over the atmosphere above itsubject only to the innocent passage byaircraft of a foreign country.
Under this theory, if the crime iscommitted in an aircraft, no
howhigh, as long as it can be established thatit is within the Philippine atmosphere,Philippine criminal law will govern.
f.When public officers or employeescommit an offense in the exercise of their functions
The most common subject of barproblems in Article 2 is paragraph 4: “Whilebeing public officers or employees, [they]should commit an offense in the exercise of their functions:” As a general rule, the Revised Penal Codegoverns only when the crime committedpertains to the exercise of the publicofficial’s functions, those having to do withthe discharge of their duties in a foreigncountry. The functions contemplated arethose, which are, under the law, to beperformed by the public officer in theForeign Service of the Philippinegovernment in a foreign country.
Exception: The Revised Penal Codegoverns if the crime was committed withinthe
Embassy or within theembassy grounds in a foreign country. This