CONFLICT OF LAWS IN

CRIMES
TORT vs. CRIMES
1.VIOLATES PRIVATE RIGHTS VIOLATE PUBLIC RIGHTS
2.INSTITUTED BY THE INJURED
PERSON AGAINST A WRONGDOER
IN A CIVIL CASE
- THE PURPOSE OF WHICH IS
INDEMNIFICATION FOR DAMAGES.
PROSECUTED IN THE NAME OF THE
STATE AGAINST THE OFFENDER IN
CRIMINAL ACTIONS
-PURPOSE OF WHICH ARE THE
(a)PROTECTION AND VINDICATION
OF THE INTERESTS OF THE PUBLIC
AS A WHOLE
(b)THE PUNISHMENT OF THE
OFFENDER
(c) REFORMATION OF THE
OFFENDER
(d) TO DEFER OTHERS FROM
COMMITTING THE SAME ACT
3. TRANSITORY IN CHARACTER, THE
TORTFEASOR CAN BE MADE LIABLE
FOR HIS WRONGFUL ACT IN ANY
JURISDCITION WHERE HE MAY BE
FOUND
LOCAL IN CHARACTER AND CAN BE
PROSECUTED ONLY IN THE PLACES
OR STATES WHERE THE CRIMES
ARE COMMITTED
ARTICLE 33 NCC
IN CASES OF DEFAMATION, FRAUD, AND
PHYSICAL INJURIES, A CIVIL ACTION FOR
DAMAGES, ENTIRELY SEPARATE FROM THE
CRIMINAL ACTION MAY BE BROUGHT BY THE
INJURED PARTY, MAY PROCEED
INDEPENDENTLY OF THE CRIMINAL
PROSECUTION.
ARTICLE 365 RPC, CRIMINAL NEGLIGENCE
PREPONDERANCE OF EVIDENCE IS REQUIRED
THEORIES TO DETERMINE THE COURTS
RIGHT TO ASSUME JURISDICTION
TERRITORIAL THEORY
SUBJECTIVE, TERRITORIAL PRINCIPLE
OBJECTIVE TERRIROTIAL PRINCIPLE
NATIONALITY/PERSONAL THEORY
PROTECTIVE THEORY
REAL/ECLECTIC THEORY
COSMOPOLITAN/UNIVERSALITY THEORY
PASSIVE PERSONALITY, OR PASSIVE
NATIONALITY THEORY
TERRITORIAL THEORY
FOLLOWED IN THE PHILIPPINES
THE STATE WHERE THE CRIME WAS COMMITTED
HAS JURISDICTION TO TRY THE CASE, AND ITS
PENAL CODE AND THE PENALTIES PRESCRIBE
THEREIN WILL APPLY(LEX LOCI DELICTI)
SUBJECTIVE, TERRITORIAL PRINCIPLE
THE STATE WHERE THE CRIME WAS BEGUN MAY PROSECUTE
THE SAME, EVEN IF IT WAS COMPLETED IN ANOTHER STATE
OBJECTIVE TERRITORIAL PRINCIPLE
THE STATE CAN PROSECUTE CRIMES BEGAN ABROAD BUT
COMPLETED WITHIN ITS TERRITORY

Exceptions to territorial rule recognized in the
Phil.
(1)CRIMES COMMITTED BY STATE OFFICIALS,
DIPLOMATIC REPRESENTATIVES AND
OFFICIALS OF RECOGNIZED INTERNATIONAL
ORGANIZATIONS (immunity of sovereign acts)
REMEDY OF LOCAL STATE: ASK FOR HIS RECALL
BASED ON THE DOCTRINE OF STATE IMMUNITY FROM
SUIT, SINCE ALL STATES ARE SOVEREIGN EQUALS AND
CANNOT ASSERT JURISDICTION OVER ANOTHER
IMPLIEDLY WAIVED WHEN THE FOREIGN STATE AND
ITS OFFICIALS PERFORM PRIVATE, COMMERCIAL OR
PROPRIETARY ACTS
COMMISSION OF CRIMES IN THE NAME OF OFFICIAL DUTY
EX.SLANDERING A PERSON DURING OFFICE HOURS

NATIONALITY /PERSONAL THEORY
THE COUNTRY OF WHICH THE CRIMINAL IS A
CITIZEN OR SUBJECT HAS JURISDICTION TO
TRY HIM FOR CRIMES ALLEGEDLY COMMITTED
BY HIM, WHETHER INSIDE OR OUTSIDE ITS
TERRITORY, PROVIDED IT IS A CRIME UNDER
SAID COUNTRYS PENAL LAW
PROTECTIVE THEORY
ANY STATE WHOSE NATIONAL INTERESTS MAY
BE JEOPARDIZED HAS JURISDICTION OVER
CRIMINAL OFFENSES, EVEN IF COMMITTED
OUTSIDE ITS TERRITORY, AND IN SOME CASES,
EVEN IF COMMITTED BY AN ALIEN
(2) CRIMES COMMITTED ON BOARD A FOREIGN
VESSEL EVEN IF IT IS WITHIN THE
TERRITORIAL WATERS OF THE COASTAL STATE
PHIL. LAWS APPLY AS LONG AS THE EFFECT OF
SUCH CRIME DOES NOT DISTURB OUR PEACE
AND ORDER.
BASIS: (ARTICLE 27 UN CONVENTION ON THE
LAW OF THE SEA)


(3) CRIMES WHICH, ALTHOUGH COMMITTED
BY THE PHIL. NATIONALS ABROAD ARE
PUNISHABLE UNDER PHIL. LAW
ARTICLE 2 RPC
ALTHOUGH THESE CRIMES WERE COMMITTED
OUTSIDE OF PHILIPPINE TERRITORY, THE
PHIL. CAN EXERCISE AND APPLY ITS PENAL
LAWS FOR THE REASON THAT ITS NATIONAL
INTEREST IS IMPERILED BY SUCH CRIMINAL
ACTS
ARTICLE 2 RPC
EXCEPT AS PROVIDED IN THE TREATIES AND LAWS OF
PREFERENTIAL APPLICATION, THE PROVISIONS OF THIS CODE
SHALL BE ENFORCED NOT ONLY WITHIN THE PHILIPINE
ARCHIPELAGO, INCLUDING ITS ATMOSPHERE, ITS INTERIOR
WATERS AND MARITIME ZONE BUT ALSO ITS JURISDICTION,
AGAINST THOSE
SHOULD COMMIT AN OFFENSE WHILE ON A PHILIPPINE SHIP OR
AIRSHIP
SHOULD FORGE OR COUNTERFEIT ANY COIN OR CURRENCY NOTE OF
THE PHILIPPINE ISLANDS OR OBLIGATINOS AND SECURITIES ISSUED BY
THE GOVERNMENT OF THE PHILIPPINE ISLANDS
SHOULD BE LIABLE FOR ACTS CONNECTED WITH THE INTRODUCTION
INTO THESE ISLANDS OF THE OBLIGATIONS MENTIONED IN THE
PRECEDING NUMBERS
WHILE BEING OFFICERS OR EMPLOYEES, SHOULD COMMIT AN OFFENSE
IN THE EXERCISE OR THEIR OFFICIAL FUNCTIONS
SHOULD COMMIT ANY OF THE CRIMES AGAINST NATIONAL SECURITY
AND THE LAW OF NATIONS
EXAMPLES: AIRPLANE HIJACKING/PIRACY/DRUG/HUMAN TRAFFICKING



REAL /ECLECTIC THEORY
ANY STATE WHOSE PENAL CODE HAS BEEN
TRANSGRESSED UPON HAS JURISDICTION TO
BRING TO JUSTICE THE PERPETRATORS OF
THE CRIME, WHETHER THE CRIME WAS
COMMITTED INSIDE OR OUTSIDE ITS OWN
TERRITORY.
EXAMPLES: PIRACY, SLAVERY, DRUG/HUMAN
TRAFFICKING
COSMOPOLITAN/UNIVERSALITY THEORY
ANY STATE WHERE THE CRIMINAL IS FOUND
OR WHICH HAS OBTAINED CUSTODY OVER
HIM, CAN TRY HIM FOR THE CRIME HE HAS
ALLEGEDLY COMMITTED, UNLESS
EXTRADITION APPLIES
PASSIVE PERSONALITY/PASSIVE
NATIONALITY THEORY
THE STATE OF WHICH THE VICTIM IS A
CITIZEN OR SUBJECT HAS JURISDICTION TO
PROSECUTE THE OFFENSE
ART. 14 NCC
ALL PERSONS, WHETHER FILIPINOS OR
ALIENS, ARE SUBJECT TO OUR PENAL LAWS
AND CAN BE PROSECUTED FOR THEIR
VIOLATION
LEX LOCI DELICTI
LAW OF THE PLACE WHERE THE CRIME WAS
COMMITTED
CONTROLLING LAW
PEOPLE VS. WONG CHENG, 46 PHIL 279
English rule and French rule were compared
Essentially the same
Involved the crime of smoking opium in a foreign
vessel anchored in Manila Bay
Breach of public order