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QUIZON V.

BALTAZAR [76 S 560 (1977)] - The RPC provides that an action for serious
oral defamation prescribes in six months. The months should be computed by the
regular 30 days, not the calendar months. Hence, where the crime was committed
on November 11, 1963, and the action was filed exactly 180 days later, said action
was filed on time.

Art. 14. Penal laws and those of public security and safety shall be obligatory upon
all who live or sojourn in Philippine territory, subject to the principles of public
international law and to treaty stipulations.
Balane: There are 2 principles involved here: Territoriality and Generality.
Territoriality means that our criminal laws are enforceable only w/in Phil. territory.
Exception to the territoriality principle is Art. 2 of RPC.
Generality w/c means that w/in the Phil. territory, our criminal laws will apply to
anyone, citizen or alien. Exceptions: (1) treaty stipulations w/c exempted some
persons w/in the jurisdiction of the Phil. courts. and (2) ambassadors [consuls are
subject to the jurisdiction of our criminal courts (Schneckenburger v. Moran.)]

Tolentino: Exemption under International Law.-- Under the theory of


extraterritoriality, foreigners may be exempted from the operation of the Phil. laws
in the following cases: (1) when the offense is committed by a foreign sovereign
while in Phil. territory; (2) when the offense is committed by diplomatic
representatives; and (3) when the offense is committed in a public or armed vessel
of a foreign country.
Offenses in Merchant Vessels.-- A merchant vessel of foreign registry does not enjoy
the extraterritorial privilege of foreign public or war vessels. An offense committed
on such vessel while it is in a Phil. port, constituting a breach of public order and a
viol. of the policy established by the legislature, is triable in Phil. ports.
Art. 15. Laws relating to family rights and duties, or to the status, condition and
legal capacity of persons are binding upon citizens of the Philippines, even though
living abroad.
Tolentino: Theories on Personal Law.-- Domiciliary theory, followed in the US,
according to w/c the personal laws of a person are determined by his domicile.
Nationality theory w/c makes nationality or citizenship as the basis for determining
the personal laws of an individual.
Capacity to Contract.-- If under the law of the State of w/c a party to a contract is a
citizen, he is already of age at the time he enters into the contract, he cannot set
such contract aside on t he ground of minority, even if under the laws of the Phils.
he is still a minor. (Government vs. Frank, 13 P 238.)
Renunciation of Allegiance.-- The question of how a citizen may strip himself of the
status as such citizen is governed by his national law.

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