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1. What are the underlying reasons behind, or rationale for each of the instances provided for in Art.

2 of the Revised Penal Code in which its provisions are given territorial applicability? Explain fully one by one.

Answer:

Article 2 of the Revised Penal Code provides that even if the felony is committed outside the Philippines, extraterritorial applies. They are applicable in the following provisions:

1. Should commit an offense while on a Philippine ship or airship; The reason for this provision is that the Philippine vessel is considered as an extension or part of the national territory provided such vessel or airship is registered in accordance with the Philippines laws. It is the registration of the vessel or airship not the citizenship of its owner which makes it a Philippine ship or airship. Hence, any person who commits an offense while on a Philippine ship or airship can be tried before our courts for violation of the Penal Code. However, when the Philippine ship or airship committed a crime in the territory of a foreign country such vessel or airship is subject to the laws of that foreign country.

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 Island; The reason for this provision is that it produces lack of confidence on the part of the holder of said currency notes or obligations to the prejudice of the interests of the society and of the State. Furthermore, to maintain the integrity of the currency and insure the credit standing of the government and prevent the imposition on the public and the government of worthless notes or obligations.

3. Should be liable for acts connected with the introduction into these obligations and securities mentioned in the preceding number; The reason for this provision is that introduction of forged or counterfeit obligations and securities into the Philippines are as dangerous as the forging or counterfeiting of the same, to the economic interest of the country.

4. While being public officers or employees should commit an offense in the exercise of their functions; The reason for this provision is because of the state policy in line with the principle that a public office is a public trust. The fact that the offender takes advantage of his office and position is a betrayal of the trust reposed on him by the public. It is a conduct clearly contrary to the accepted rules of right and duty, justice, honesty and good morals. Moreover, to deter public officials and employees from committing acts of dishonesty and improve the tone of morality in public service. Hence, he can be prosecuted here in the Philippines.

5.

Should commit any of the crime against national security and the law of nations; The reason for this provision is that, it is punished by the state for self-defense and self-preservation. The Philippine is a republican state which is bounded by laws to protect its citizens from any form of violence that may affect its stability.

Submitted by:

Ryan V. Imperio 4th year- LAW