Criminal Law

ARTICLE 2 RPC
Characteristics/ Principles of Criminal Law

1. General/Generality – Penal law is binding to ALL Person who lives or sojourn within the
Philippine Archipelago.
Lives – Citizens
Sojourns – Foreign people, tourist and Aliens

Exceptions of Philippine Criminal Law

a) Treaty and Stipulations – Define as the agreement of two or more country

Ex. Visiting Forces Agreement (VFA)
b) Law of Preferential Applications
 RA 75 Diplomatic Representatives are exempted/immune provided,
RECIPROCITY OF LAW IS APPLICABLE
 Parliamentary Immunity – Senators and Congressmen (6years and below
offense)
c) Public/International Law
Presidents, Ambassadors, Head of State, Charges d’ Affaires, minister
plenipotentiaries

CONSUL is not exempted of our Philippine Criminal Rule as a General Rule.

2. Territorial/Territoriality – Criminal law is applicable/enforceable only within the

Philippine Archipelago

Exception: EX- TERRITORIAL (Outside Philippine territory)

a) WARSHIP – Considered as extension of the TERRITORY. Any crime happens

inside a warship is under the jurisdiction of the Country of Origin.
b) EMBASSY

Exception: EXTRA- TERRITORIAL (Outside Philippine territory)

1) Should commit an OFFENSE while on Philippine ship or airship

2) Should forge or counterfeit any coin or currency note of Philippine Island or
Obligations ad Securities issued by the Government of the Philippines
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 officers or employees, should commit an offense in the
exercise of their functions
5) Should commit any of the crimes against National Security and the law of nations

Merchant Vessel.
English Rule – As a General Rule, the host country has the jurisdiction over the crime
 committed within the vessel. (Strictly TERRITORIAL)
Exception: unless it merely affects only the internal management of the vessel
French Rule - As a General Rule, the host country has no jurisdiction over the crime
committed within the vessel
Exception: when it affects the peace and order of the host country

3. Prospective/Prospectivity – the law shall not have any retroactive effect

ARTICLE 3 RPC