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Application of RPC Provisions


Art. 2.

Application of its provisions. — 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

   RULES:

   1. Philippine vessel or airship – Philippine law shall apply to
      offenses committed in vessels registered with the Philippine
      Bureau of Customs. It is the registration, not the
      citizenship of the owner which matters.

   2. Foreign vessel
      a. French Rule
         General Rule: Crimes committed aboard a foreign vessel
         within the territorial waters of a country are NOT
         triable in the courts of such country.

         Exception: commission affects the peace and security of
         the territory, or the safety of the state is endangered.

      b. English Rule
         General Rule: Crimes committed aboard a foreign vessel
         within the territorial waters of a country are triable
         in the courts of such country.

         Exception: When the crime merely affects things within
         the vessel or it refers to the internal management
         thereof.

         This is applicable in the Philippines.

         When the crime is committed in a war vessel of a foreign
         country, the NATIONALITY of the vessel will ALWAYS
         determine jurisdiction because war vessels are part of
         the sovereignty of the country to whose navel
         force they belong.

         These rules are NOT applicable if the vessel is on the
         high seas when the crime was committed, in these cases,
         the laws of the nationality of the ship will always apply.

         The country of registry determines the nationality of
         the vessel, NOT ITS OWNERSHIP. A Filipino-owned
         vessel registered in China must fly the Chinese flag.

         Extraterritorial refers to the application of the
         Revised Penal  Code outside the Philippines territory:

         Three International Theories on Aerial Jurisdiction
         a. Free Zone Theory
              The atmosphere over the country is free and not
              subject to the jurisdiction of the subjacent state,
              except for the protection of its national security
              and public order.
         b. Relative Theory
              The subjacent state exercises jurisdiction over the
              atmosphere only to the extent that it can effectively
              exercise control thereof.
         c. Absolute Theory
              1. The subjacent state has complete jurisdiction
                 over the atmosphere above it subject only to the
                 innocent passage by aircraft of a foreign country.

                 NOTE: The Philippines adopts this theory.

              2. Under this theory, if the crime is committed in an
                 aircraft, no matter how high, as long as it can be
                 established that it is within the Philippine
                 atmosphere, Philippine criminal law will govern.

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;

      1. The forgery is committed abroad
      2. And it refers to Philippine coin, currency note,
         obligation and security

3. Should be liable for acts connected with the introduction 
   into these islands of the obligations and securities mentioned 
   in the presiding number;

4. While being public officers or employees, should commit an 
   offense in the exercise of their functions; or

      a) Those having to do with the discharge of their duties
         in a foreign country.
      b) The functions contemplated are those, which are, under
         the law:
            i) to be performed by the public officer
           ii) in the Foreign Service of the Philippine government
          iii) in a foreign country.

         NOTE: The Revised Penal Code governs if the crime
               (whether or not in relation to the exercise of
               public functions) was committed within the
               Philippine Embassy or within the embassy grounds
               in a foreign country. This is because embassy
               grounds are considered an extension of sovereignty.
               Thus the crime is deemed to have been committed
               in Philippine soil.

         Illustration: A Philippine consulate official who is
         validly married here in the Philippines and who marries
         again in a foreign country cannot be prosecuted
         here for bigamy because this is a crime not connected
         with his official duties. However, if the second marriage
         was celebrated within the Philippine embassy, he may be
         prosecuted here, since it is as if he contracted the
         marriage here in the Philippines.

5. Should commit any of the crimes against national security and 
   the law of nations, defined in Title One of Book Two of this Code.

      1. Rebellion is not included.
      2. Any crime against public order is under the jurisdiction
         of the host country.










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Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

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