Criminal Law 06/18-19/2013

Article 2 Applications of its Provisions

The opening paragraph of Article 2 says Except
as provided in the treaties and laws of preferential
application, what are these? These are the
exceptions to the general characteristic of criminal
law. Our criminal law is binding on everyone who
lives or sojourns in the Philippines, except by virtue
of public international law and treaty stipulations.
Those of preferential applications, or those enacted
by our government will force the immunity of
sovereign heads of state, ambassadors who are in
the Philippines. The opening paragraph of Article 2
is the very exception to the general characteristic of
criminal law.
The opening paragraph also deals with the
territorial characteristic of criminal law. It simply
says that the Revised Penal Code should be
enforced within the Philippine archipelago,
including its atmosphere, its interior waters and
maritime zone. Technically any crime not committed
in Philippine territory is not subject to Philippine
criminal law because of the territoriality principle.
However, the circumstances enumerated in Article
2, 1-5 are considered the exception to the territorial
characteristic of criminal law.
Here, the Philippine criminal law is giving extraterritorial effect:
1. Should commit an offense while on a
Philippine ship or airship
(airship refers to airplane)
(ship or airship must be registered to the
Philippines)
Situation: registered Philippine ship or airship
crime was committed in Philippine
territory
Under Philippine jurisdiction: Yes
Reason: It is committed within territorial jurisdiction.
Situation: ship or airship is of foreign registry
crime was committed in Philippine
territory
Under Philippine jurisdiction: Yes
Reason: It is committed within territorial jurisdiction.
Situation: ship or airship is of foreign registry
crime was committed in foreign territory
Under Philippine jurisdiction: No
Reason: It is not covered by the general principle of
territoriality, nor by the exceptions.

The only situation where Paragraph 1 of the

exception applies when a crime is committed on
board a Philippine ship or airship, and is committed
in a foreign country.
English Rule The crime should be tried in the
country where it was committed, except when the
crime affects only the management of the vessel, in
which case the home country will try the case.
General rule: territoriality
Exception: extra-territoriality
French Rule The crime should not be tried in the
country where it was committed, except when the
crime committed on board the vessel affects the
peace and order or security of the place where the
vessel is found, in which case the country where
the crime is committed, will try the case.
General rule: extra-territoriality
Exception: territoriality
If analyzed, they are practically the same. If it
involves security, peace and order, the place where
the crime is committed will have jurisdiction over
the case. However, if it involves management of
vessel then the country where the vessel is
registered is the one that will try the case.
The Philippines adheres to the English rule.
2. Should forge or counterfeit any coin or
currency note of the Philippine islands or
obligations or 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
This refers to Sec. 52 of the Central Bank Act 6753.
It says there All coins and notes issued by the
Bangko Sentral shall be fully guaranteed by the
government of the Republic of the Philippines, and
shall be legal tender in the Philippines for all debts,
both private and public.
In the counterfeiting or forging coins and notes,
even if committed outside territory, our criminal
laws will have extra-territorial jurisdiction because it
will gravely affect the economy of our country.
Obligations and securities are government bonds
issued by the government of the Republic of the
Philippines in support of its monetary policy.

4. While being public officers or employees

should commit an offense in the exercise of
their functions
The people referred to here are:
1. Government officials involved in the foreign
service
2. Government officials assigned in the
embassies
If they commit a crime in the exercise of their
functions while abroad, they can be prosecuted
here as if they committed the crime here. For
example, they can be prosecuted for Malversation,
Bribery, Violation of the Anti-Graft and Corrupt
Practices Act.
Take note of the term in the exercise of their
functions. The nature of their position must be
related to the crime that they are made liable to.
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.

Its declaration of policies: It is declared a policy of

the State to protect life, liberty, and property from
acts of terrorism, to condemn terrorism as inimical
and dangerous to the national security of the
country and to the welfare of the people, and
to make terrorism a crime against the Filipino
people, against humanity, and against the law of
nations.
This Act is more or less also classified under the
term national security and law of nations. It has to
be included in reading Paragraph 5 of Article 2.
Article 58 of RA 9372 also provides the
extraterritorial application of the act. It tried to copy
Article 2. It says:
Subject to the provisions of an existing treaty,
which the Philippines is a signatory, and to any
contrary provision of any law of preferential
application, the provisions of this Act shall apply.
It also exempts those under treaty provisions or
those with preferential application.
Then it goes on to say:

The crimes being referred to here are:

1. Treason (Article 114)
2. Conspiracy and proposal to commit treason
(Article 115)
3. Misprision of treason (Article 116)
4. Espionage (Article 117)
5. Inciting to war or giving motives for reprisals
(Article 118)
6. Violation of neutrality (Article 119)
7. Correspondence with hostile country (Article
120)
8. Flight to enemys country (Article 121)
9. Piracy in general and mutiny on the high
seas or in Philippine waters (Article 122)
If these crimes are committed, even outside
Philippine territory, since they are defined in Title
One of Book Two of the Revised Penal Code, and
are classified as crimes against national security,
they can be prosecuted here.
There is also a law that has a provision making it
applicable as a criminal law that fights crimes,
treats of its nature, provides for its penalties. It is a
criminal law that has extra-territorial jurisdiction.
This is RA 9372, March 6, 2007, an Act to Secure
the State and Protect our People from Terrorism,
Human Security Act of 2007.

shall apply to individuals who commit any of the

crimes (1) to individual persons who commit any of
the crimes defined and punished in this Act within
the terrestrial domain, interior waters, maritime
zone, and airspace of the Philippines
(2) to individual persons who, although physically
outside the territorial limits of the Philippines,
commit, conspire or plot to commit any of the
crimes defined and punished in this Act inside the
territorial limits of the Philippines
(3) to individual persons who, although physically
outside the territorial limits of the Philippines,
commit any of the said crimes on board Philippine
ship or Philippine airship
(4) to individual persons who commit any of said
crimes within any embassy, consulate, or
diplomatic premises belonging to or occupied by
the Philippine government in an official capacity
(5) to individual persons who, although physically
outside the territorial limits of the Philippines,
commit said crimes against Philippine citizens or
persons of Philippine descent, where their
citizenship or ethnicity was a factor in the
commission of the crime; and

(6) to individual persons who, although physically

outside the territorial limits of the Philippines,
commit said crimes directly against the Philippine
government.
In reading Article 2, one must also remember to
include RA 9372, Sec. 58.
Article 3 Acts and omissions punishable by law are
felonies (delitos). Felonies are committed not only
by means of deceit (dolo); but also by means of
fault (culpa). There is deceit when the act is
performed with deliberate intent; and there is fault
when the wrongful act results from imprudence,
negligence, lack of foresight or lack of skill.
Elements of a felony:
1. There must be an act or omission; therefore
it can be classified as felony by act or felony
of omission
Act is a bodily movement; there is physical
movement, which tends to influence the outside
world. Example: In treason, under Article 114. It
says Any Filipino citizen who levies war against
the Philippines or adheres to her enemies giving
them aid or comfort within the Philippines or
elsewhere shall be punished by reclusion perpetua
to death, and shall pay a fine not to exceed
P100,000. The physical acts here are levying war,
or giving enemies aid or comfort.
Omission is an inaction or failure to do an act
which the law commands should have been done;
failure to do a positive duty which the law
commands to be done under pain of penalty.
Example: Misprision of treason under article 116.
Every person owing allegiance to the government
of the Philippine Islands without being a foreigner
having knowledge of any conspiracy against them
conceals or does not disclose and make known the
same as soon as possible to the governor, or to the
fiscal of the province, or the mayor or the fiscal of
the city in which he resides, as the case may be,
shall be punished as an accessory to the crime of
treason.
2. It must be punishable by the Revised Penal
Code.

Law referred to in Article 3 is the Revised Penal

Code. Recall that no matter how condemnable the
act or omission is, if there is no law that defines it
as felony, then there is no felony.
Based upon the definition of a felony, the illegal
possession of shabu under Section 11 second
paragraph of RA 9165 or the Comprehensive
Drugs Act of 2002 is not a felony. When Article 3
says a felony is punishable by law it does not
refer to any other law. It only refers to the RPC. The
correct and accurate formulation is Acts and
omissions punished by the RPC are felonies.
Crime and/or offense is a term appropriate for
those acts or omissions punished by special laws
like RA 9165. The word crime/offense covers all
acts and omissions punished by any law be it the
RPC or special laws. But when we use the word
felony, it refers only to crimes or offenses defined in
the RPC.
3. Felonies are committed not only be means
of deceit (dolo); but also by means of fault
(culpa).
Felonies therefore can also be classified as felony
by deceit or felony by fault.
Felony by deceit There is deceit when the act is
performed with criminal intent. Deceit is similar to
fraud. Intent on the other hand means the purpose
to use a particular means to achieve a particular
result.
Is it always the case that there must be deceit,
otherwise there will be felony?
No. Deceit is a wrong translation of the word dolo.
There are felonies even if there is no deceit. Deceit
is only a form of dolo. The accurate translation of
dolo is intent or mens rea.
The refined classification is therefore:
Felonies by intent or intentional felonies
Felonies by fault or culpable felonies