Cases the provisions of the RPC is
Foreign vessels (for Scope
Scope of Application
1. Should commit an offense
while on the Philippine ship
or airship
*PH vessel or airship
must be understood which is
registered in the Philippine
Bureau of Customs
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
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 officer
or employees, should commit
an offense in the exercise of
their functions
5. Should commit any of the
crime against the national
security and the law of
nations, defined in the Title
One of Book Two of this
code
applicable if the felony is committed
outside the PH
A PH vessel, beyond 3 miles from the
seashore is considered part of the
national territory = can be tried under
PH court
PH vessel or aircraft is in a foreign
country, the crime committed is subject
to the laws of the foreign country
PH court has no jurisdiction over the
crime of theft committed on the high
seas on a board or vessel not
registered in the PH.
Any person who makes false or
counterfeit coins in a foreign country
may be prosecuted before our courts
for violation of Art. 163 or Art. 166 of
the RPC.
Applicable because the introduction of
the acts in the preceding number is as
dangerous as the forging or
counterfeiting of the same to the
economical interest of the country.
Direct bribery, indirect bribery, frauds
against the public treasury, possession
of prohibited interest, malversation of
public funds or property, failure of
accountable officer to render accounts,
illegal use of public funds or property,
failure to make delivery of public funds
or property and falsification by a public
office or employee committed with the
abuse of his official position.
When committed abroad while in the
exercise of his functions, can be
prosecuted in the PH.
Treason, Conspiracy and proposal to
commit treason, espionage, inciting to
war and giving motive for reprisal,
violation of neutrality, correspondence
with hostile country, flight to enemy’s
country and piracy and mutiny on the
high seas.
Cases not applicable
Crime committed is 10 miles
of the PH shores on board a
vessel belonging to a Filipino,
but the same is not registered
in accordance with the PH
laws, thus paragraph 1 of Art.
2 is not applicable.
number 1 only)
An offense committed on the
high seas on board a foreign
merchant vessel is not triable by
PH courts.
Continuing offenses on board a
foreign vessel, within the
jurisdiction of PH when forbidden
conditions existed during the time
the ship was within PH territory.
Offenses committed on board a
foreign merchant vessel wile on
PH waters is triable before our
court, it enters the 3 mile limit
then they become subject to PH
jurisdiction of our courts.
English Rule over crimes
committed abroad foreign
merchant vessels.
*English Rule - such crimes are triable in
the country, unless they merely affect
things within the vessel or they refer to the
internal management thereof
*French Rule - Such crimes are not triable
in the courts of the country, unless their
commission affects the peace and security
of the territory or the safety of the state is
endangered.
Homicide committed on board a
foreign merchant vessel by a
member of the crew against
another, is a subject for the local
jurisdiction.
Crimes not involving a breach of
public order committed on board
a foreign merchant vessel:
- In transit: not triable by
our courts
- Not in transit: but I PH
territory, PH courts have
the jurisdiction
Example: Possession of opium
PH courts have no jurisdiction
over offenses committed on
board foreign warships in
territorial waters
*Warships - always reputed to
be the territory of the country to
which they belong and can’t be
subject to the laws of another
state
*Merchant Ships - more or less
subjected to the territorial laws