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Q: What else?
RA 75 Public International Law
Diplomatic immunity and cannot be sued, arrested or punished by the law of the country where they are
officially assigned:
Ambassadors
Sovereign or other chief of State
Ministers plenipotentiary or minister residents
Charge daffairs
Domestic Servants of persons mentioned
NOTE: Consuls and other consular officials are not exempt from criminal liability because they represent
the business, commercial mercantile of their country; while, ambassadors, chiefs of State, etc. represent
the political interests of their country of origin.
Q: Suppose one day, you shut a person at Roxas Blvd, when the police officers were running after you,
you jumped over the fence of US embassy. May the officers arrest you, while you are inside the US
embassy?
No.
Q: What is then the remedy of the officers (Ph government)?
Extradition
Q: suppose a Filipina legally married had sexual intercourse with an American at the Ph embassy. Is
there any crime committed?
Yes. The crime of adultery, but she cannot be prosecuted under Ph courts because of the embassy rule.
Q: who else is exempt/immune from criminal prosecution?
Executive directors of WHO
Members of the Constitutional Commission
Justices of Supreme Court
Q: How about consular officials?
They are not covered. They are not exempt from criminal liability because they represent the business,
commercial mercantile interests of their country of origin.
Q: Suppose Ambassador of Japan to the US committed a crime in the Philippines, may he be
prosecuted?
Yes, because he is not a recognized diplomatic representative of his country to the Philippines.
Article 2
^par 1-5 of Art 2 is not an exemption to the territoriality principle, it is EXTRATERRITORIALITY!
Q: The first instance in Art 2?
Should commit an offense while on Ph ship or airship
English Rule vessel is in the territory of another country, crimes committed in that area are triable in
that other country, unless the crimes committed involve purely internal matters within the vessel; the
emphasis is on the territoriality of the vessel; where the vessel is found
French Rule vessel is in the territory of another country, crimes committed in that area are not triable
in that country, unless the crimes committed have endangered the peace and security of that country;
the emphasis is on the nationality of the vessel; jurisdiction lies where the merchant vessel is registered.
^The PH adheres to the English rule
Q: Cargo ship, registered in Panama while in Manila, 1 crew member shoot the other crew member,
who has jurisdiction?
Ph courts. Crime committed in manila
Q: Cargo ship, registered in Panama, carried shabu, which court has jurisdiction?
Ph courts.
Q: Second instance in Art 2?
Art 2 par 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
Q: what may be the subject of forgery?
Any coin, Currency Note, obligations and securities issued by the Government of the Philippine Islands
Q: Suppose you have a printing press in Taiwan, and you printed Bagong Lipunan notes (martial law),
liable?
No. Because Bagong Lipunan notes are not legal tender
Q: Suppose coins withdrawn from circulation, liable?
Yes. The law does not distinguish. It says ANY COIN
Q: Suppose in you tampered a lotto ticket, liable?
Yes. Lotto ticket is obligations and securities issued by the GPI
Q: give examples of obligations and securities of GPI
Treasury bills, lotto tickets, bonds of the BSP
^Obligations and Securities of GSIS, SSS, Landbank are not of the GPI because they have their own
charter
Q: any other instance?
Art 2, par 3
Should be liable for acts connected with the introduction into these islands of the obligations and
securities mentioned in the presiding number
^those who introduced the counterfeited items are criminally liable, even if they were not the
ones who counterfeited the obligations & securities
^on the other hand, those who counterfeited the items are criminally liable even if they did not
introduce the counterfeit items
Q: any other instance?
Art 2, par. 4
While being public officers or employees, should commit an offense in the exercise of their
functions
Q: who is a public officer? (see Art 203)
*taking part in the performance of public functions in the government, or performing in said
government or in any of its branches public duties as an employee, agent or subordinate official,
of any rank or class; and
*that his authority to take part in the performance of public functions or to perform public
duties must be
a. by direct provision of the law, or
b. by popular election, or
c. by appointment by competent authority
Q: Suppose PH ambassador to Germany was given USD 200,000 as a fund to renovate the PH embassy
building in Germany. He used only USD 50,000 for the renovation, and gave the USG 150,000 to his
number 2 in Germany. Is he (ambassador) liable?
Yes. He is liable for malversation of public funds. He may be prosecuted in Ph courts.
He was in custody of the money by reason of his official functions
Q: Suppose our AFP high officials were tasked to scout for firearms abroad, and while they are
negotiating with foreign companies abroad, these companies inserted USD1000 in the proposal folder in
anticipation that their company will be chosen by AFP to be the supplier of our firearms. May these AFP
officials be liable?
Yes. They are liable for bribery.
Q: (follow-up) Even if the act of accepting the bribe was committed abroad, will they still be liable?
Yes, because the act was committed in relation or while the AFP are in discharge of their official
functions.
Q: Suppose Chairman Abalos (comelec) while playing golf in Shanghai, China received USD50,000 in
relation to the ZTE? Is there a crime committed? May he be liable?
Crime anti graft & corrupt practices act
BUT, he cannot be liable/prosecuted before Ph courts because Abalos has nothing to do with
ZTE (paki alamera lang siya). Therefore, he received the money not in connection with his
official function.
Q: Suppose the PH ambassador to Australia is legally married. Can he be prosecuted for concubinage?
No. Crime was committed outside PH
Crime was not in relation to official functions
Elements of concubinage:
1. That the man must be married.
2. That he committed any of the following acts:
a. Keeping a mistress in the conjugal dwelling.