CRIMINAL LAW (2019)

2 theories in Criminal Law:

1. Classical
2. Positivist

Classical Theory:

The basis of criminal liability is human free will and the purpose of the penalty is
retribution.

That man is essentially a moral creature with an absolutely free will to choose between
good and evil, thereby placing more stress upon the effect or result of the felonious act
than upon the man, the criminal himself.

It has endeavored to establish a mechanical and direct proportion between crime and
penalty.

There is a scant regard to the human element.

Positivist Theory

That man is subdued occasionally by a strange and morbid phenomenon which

constrains him to do wrong, in spite of or contrary to his volition.

That crime is essentially a social and natural phenomenon, and as such, it cannot be
treated and checked by the application of abstract principles of law and jurisprudence
nor by the imposition of a punishment, fixed and determined a priori, but rather
through the enforcement of individual measures in each particular case after a
thorough, personal, and individual investigation conducted by a competent body of
psychiatrists and social scientists.

Article 2.
Application of the RPC provisions

Except as provided in the treaties and laws of preferential application, the provisions of
the RPC 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;

2. Should forge or counterfeit any coin or currency note of the Philippine

islands or obligations and securities issued by the government;

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

It is the registration of the vessel or aircraft in accordance with the laws of the
Philippines, not the citizenship of its owner, which makes it a Philippine ship or
airship.

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The Philippine court has no jurisdiction over the crime of theft committed on the
high seas on board a vessel not registered or licensed in the Philippines.

Crimes that may be committed in the exercise of public functions:

1. Direct bribery
2. Indirect bribery
3. Frauds against the public treasury
4. Possession of prohibited interest
5. Malversation of public funds or property
6. Failure of accountable officer to render accounts
7. Illegal use of public funds or property
8. Failure to make delivery of public funds or property
9. Falsification by a public officer or employee committed with abuse of his
official position

Crimes against national security and the law of nation:

1. Treason
2. Conspiracy and proposal to commit treason
3. Espionage
4. Inciting to war and giving motives for reprisals
5. Violation of neutrality
6. Correspondence with hostile country
7. Flight to enemy’s country
8. Piracy and mutiny on the high seas.

The crimes committed outside of the Philippines but punishable under Art 2 of the RPC shall
be cognizable by the RTC in which the charge is first filed.

RTCs have original jurisdiction over all crimes and offenses committed on the high seas or
beyond the jurisdiction of any country on board a ship or warcraft of any kind registered or
licensed in the Philippines.

Just as our merchant ship is an extension of our territory, foreign merchant ship is considered
an extension of the territory of the country to which it belongs. An offense committed on the
high seas on board a foreign merchant vessel is not triable by our courts.

But a continuing crime committed on board a foreign merchant vessel sailing from a foreign
country to the Philippines, by failing to provide stalls for animals in transit, is triable in the
Philippines.

Since the Philippine territory extends to 3 miles from the headlands, when a foreign merchant
vessel enters this 3-mile limit, the ship’s officers and crew become subject to the jurisdiction of
our courts. The space within 3 miles of a line drawn from the headlands which embrace the
entrance to Manila Bay is within territorial waters.

2 Rules as to jurisdiction over crimes committed aboard merchant vessels while in the
territorial waters of another country:

1. French rule
Such crimes are not triable in the courts of that country, unless their
commission affects the peace and security of the territory or the safety of the
state is endangered.

2. English rule (Philippines observe this rule)

Such crimes are triable in that country, unless they merely affect things within
the vessel or they refer to the internal management.

Crimes not involving a breach of public order committed on board a foreign merchant vessel in
transit is not triable by our courts.

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Mere possession of opium

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References:

1. The Revised Penal Code

Luis B. Reyes
Book 1 (Articles 1-113)
2012 (18th edition)

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