Characteristics and Scope of Application of Criminal Law

The characteristics of criminal law are: (1) General; (2) Territorial; and (3) Prospective.

I. General

Penal laws and those of public security and safety shall be obligatory upon all who live or sojourn in the
Philippine territory, subject to the principles of public international law and to treaty stipulations. [Article
14, New Civil Code]

The jurisdiction of the civil courts is not affected by the military character of the accused. Thus, civil
courts have jurisdiction over murder cases committed by persons subject to military law. [U.S. v. Sweet,
G.R. No. 448, September 20, 1901] Likewise, civil courts have jurisdiction over the offense of
malversation of public funds in violation of Article 217 of the Revised Penal Code committed by an army
finance officer. [People v. Livara, G.R. No. L-6201, April 20, 1954]

Persons exempt from Philippine Criminal Law under the principles of Public International Law are:

1. Sovereigns
2. Heads of State
3. Ambassadors
4. Ministers plenipotentiary
5. Ministers residents
6. Charges d' affaires

Consuls, vice consuls and consular officials do not enjoy immunity from criminal prosecution under the
Philippine Laws for they merely represent their state's commercial, mercantile or business interest.

Crimes committed inside the embassy of a foreign state located in the Philippines are not subject to
Philippine jurisdiction because the embassy is deemed an extension of the state that it represents.

Also, under the Visiting Forces Agreement between the Philippines and the United States, Philippine
authorities exercise exclusive jurisdiction over United States personnel punishable under the laws of the
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Philippines but not under the laws of the United States. The United States authorities exercise exclusive
jurisdiction over US personnel punishable under the laws of the United States but not under the laws of
the Philippines. [Article V, Section 2, Visiting Forces Agreement]

[Commentaries on Criminal Law, Revised Penal Code Book One, Maximo P. Amurao, 2013]

II. Territorial

The provisions of the Revised Penal Code shall be enforced within the Philippine Archipelago, including
its atmosphere, its interior waters and maritime zone. [Article 2, Revised Penal Code]

The national territory comprises the Philippine archipelago, with all the islands and waters embraced
therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its
terrestrial, fluvial, and aerial domains, including its territorial sea, the seabed, the subsoil, the insular
shelves, and other submarine areas. The waters around, between, and connecting the islands of the
archipelago, regardless of their breadth and dimensions, form part of the internal waters of the
Philippines. [Article I, 1987 Constitution]

The Revised Penal Code shall also be enforced outside of the jurisdiction of the Philippines against who:

1. Should commit an offense while on a Philippine ship or airship;

For this provision to apply, the following requirements should be present:

a. That the crime must be committed on board a private or merchant ship,

b. That the private or merchant ship must be registered in accordance with

a Philippine laws at the Maritime Industry Authority (MARINA)

In case of airships, it must be registered in accordance with the Philippine laws at the Civil Aeronautics
Administration

c. That the crime must be committed while the registered ship is on the international waters.

2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and
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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 presiding number;

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

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.

[Article 2, Revised Penal Code]

III. Prospective

Criminal law can only punish an act committed after it's effectivity. It cannot penalize an act that was not
punishable at the time of its commission. It cannot be given retroactive effect unless it is favorable to the
accused who is not a habitual delinquent. [Commentaries on Criminal Law, Revised Penal Code
Book One, Maximo P. Amurao, 2013]

No felony shall be punishable by any penalty not prescribed by law prior to its commission. [Article 21,
Revised Penal Code]

Felonies and misdemeanors, committed prior to the date of effectiveness of this Code shall be punished
in accordance with the Code or Acts in force at the time of their commission. [Article 366, Revised
Penal Code]

Penal Laws shall have a retroactive effect insofar as they favor the persons guilty of a felony, who is not
a habitual criminal, as this term is defined in Rule 5 of Article 62 of this Code, although at the time of the
publication of such laws a final sentence has been pronounced and the convict is serving the same. [
Article 22, Revised Penal Code]

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