Sanchez, Johannalyn M.

Juris Doctor 1
Legal Research

Practical Exercise No. 1

It is reported by Presidential Spokesperson Salvador

Panelo that the harassment of a Filipino-crewed commercial
ship by a "Chinese warship" in the West Philippine Sea is
not the country's concern because "it's not a Philippine
vessel." Furthermore, it is also alleged in Thailand on
Sunday, November 3, that the ship is a foreign vessel, only
manned by a Filipino captain.

This contention by Presidential Spokesperson

Salvador Panelo is true and accurate. To support such
claim, THE REVISED PENAL CODE, Art. 2, Par. 1, clearly
states that "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". In this case, it tells us that the Philippine court
only acquires jurisdiction over crimes committed on the
high seas on board if the vessel is registered or licensed in
the Philippines. Moreover, it is the registration of the vessel
in accordance with the laws of the Philippines and not the
citizenship of its owner, which makes it a Philippine ship. If
the same is not registered or licensed in accordance with
our laws, such paragraph in of Article 2 of The Revised
Penal Code is not applicable.

In the case of U.S v. Fowler, Act No. 400 which is an

addition to Act No. 136, by which the courts of justice of the
Philippine Islands were organized, in article 1 adds to article
56, consisting of seven paragraphs, another paragraph
numbered 8, which reads as follows: "Of all crimes and
offenses committed on the high seas or beyond the
jurisdiction of any country, or within any of the navigable
waters of the Philippine Archipelago, on board a ship or
water craft of any kind registered or licensed in the
Philippine Islands in accordance with the laws thereof."

Also, it is a "Chinese warship" it being a warship

provides that the Philippine courts have no jurisdiction over
offenses committed on board foreign warships in territorial
waters. To explain further, warships are always reputed to
be the territory of the country to which they belong and
cannot be subjected to the laws of another state. According
to the French theory and practice, matters happening on
board a merchant ship which do not concern the tranquility
of the port or persons foreign to the crew, are justiciable
only by the court of the country to which the vessel belongs.
The English Rule, as it is observed and practiced in our
country, entails that such crimes are triable in that country,
unless they merely affect things within the vessel, or they
refer to the internal management thereof. Therefore, it is
right to say that for as long as they do not ouch the
Philippine ship or vessel, it will be the concern of that
country that carries the flag of that particular vessel.

According to Philstar, on September 30, where it as

showed that Liberia-flagged, Greek-owned crude oil tanker
Green Aura received a radio call from what claimed to be a
"Chinese naval warship" ordering it to change course as it
was passing 6 nautical miles from Scarborough Shoal
(Panatag Shoal) off Zambales and when the Ship captain
Manolo Ebora, a Filipino, pointed out that they had the
right to innocent passage and that the area is a territory of
the Philippines.

The claim of Lorenzana that China should respect

international maritime laws is also true for all countries
should exercise prudence and respect freedom of navigation
and passage in the West Philippine Sea. When it comes to
claims and entitlement regarding West Philippine Sea, JC
Gotinga, a Rappler writer states that the Philippines, by law,
considers it part of its national territory, as China claims
spurious “historical rights” to it. An international arbitral
tribunal declared the shoal an international fishing ground.
It lies within the Philippines’ 200-nautical-mile exclusive
economic zone where all vessels have the right to innocent
passage. Basically, the claim of Captain Manolo Ebora that
they are just passing and China holds no entitlement of the
same is justifiable holds water.