ART 2

What does Article 2 of the RPC govern?

The territorial and extraterritorial application/enforcement of the Code's provisions.

Within what area does the RPC apply as a general rule under Art. 2?

Within the Philippine Archipelago, including its atmosphere, interior waters, and maritime zone.

What is the exception, under Art. 2, to enforcement of RPC provisions, and give two examples.

• Treaties and laws of preferential application,

• Examples:

  • the RP-US Visiting Forces Accord, and the

  • Military Bases Agreement between the Philippines and the United States.

Enumerate the five instances under Art. 2 when RPC provisions apply to acts committed outside Philippine territory.

(1) Offense committed on a Philippine ship or airship;

(2) forging/counterfeiting Philippine coin, currency, obligations, or securities;

(3) acts connected with introducing such forged obligations/securities into the Philippines;

(4) a public officer/employee committing an offense in the exercise of functions;

(5) crimes against national security and the law of nations under Title One, Book Two.

What makes a vessel a "Philippine ship or airship" for purposes of Art. 2, par. 1?

Its registration in the Philippine Bureau of Customs, not the citizenship of its owner.

If a Philippine-registered vessel is within the territory of a foreign country, whose laws govern crimes committed aboard it?

The laws of that foreign country govern, not the RPC.

(U.S. vs. Fowler)
A crime is committed ten miles from Philippine shores aboard a vessel owned by a Filipino but not registered or licensed under Philippine law. Does the Philippine court have jurisdiction under Art. 2?

No.

Under Art. 2, par. 1, extraterritorial jurisdiction extends only to a "Philippine ship or airship," meaning one registered under Philippine law regardless of the owner's citizenship.

Since the vessel is unregistered, it is not a Philippine vessel, so Art. 2, par. 1 does not apply and the Philippine court has no jurisdiction.

Under Art. 2, par. 4, which crimes may be committed by a public officer or employee "in the exercise of functions" abroad? (DbIb-FPM-FIFF)

Direct bribery,

indirect bribery,

frauds against the public treasury,

possession of prohibited interest,

malversation,

failure of accountable officer to render accounts,

illegal use of public funds/property,

failure to make delivery of public funds/property, and

falsification by a public officer with abuse of official position.

Under Art. 2, par. 5, which crimes against national security and the law of nations are covered? (TCE-IV-CFP)

Treason,

conspiracy and proposal to commit treason,

espionage,

inciting to war and giving motives for reprisals,

violation of neutrality,

correspondence with hostile country,

flight to enemy's country, and

piracy and mutiny on the high seas.

Which court has jurisdiction over crimes committed outside the Philippines but punishable under Art. 2?

The Regional Trial Court in which the charge is first filed (Rule 110, Sec. 15[d], Revised Rules of Criminal Procedure).

Under Art. 2, what does the phrase "its atmosphere" mean?

Extends to all air space covering its territory, subject to the right of way of foreign aircraft.

Under Art. 2, what does the phrase "interior waters" include? (CRL-BGS-CIR)

Creeks,

rivers,

lakes,

bays,

gulfs,

straits,

coves,

inlets, and

roadsteads lying wholly within the three-mile limit.

Under Art. 2, what is the extent of the "maritime zone"?

Three miles from the coastline measured from the low-water mark, including bays/gulfs/recesses no wider than twelve miles at their entrance, and straits less than six miles wide.

BAR: A crime is committed on the high seas aboard a foreign merchant vessel by one crew member against another. Are Philippine courts able to try the offense?

No.

A foreign merchant vessel is considered an extension of the territory of the country to which it belongs, so an offense committed on the high seas aboard it is not triable by Philippine courts (U.S. vs. Fowler).

(U.S. vs. Bull).

BAR:

• A Norwegian merchant vessel sailing from Formosa to the Philippines continuously fails to provide stalls for animals in transit, in violation of Act No. 55 (law designed to ensure safe, wholesome food supplies and prevent cruelty to animals during transport), and the violation persists while the ship is within Philippine territorial waters.

• Is the offense triable in the Philippines?

Yes.

Since the forbidden conditions existed while the ship was within Philippine territorial waters, the continuing offense is triable in the Philippines regardless that the same conditions existed on the high seas or when the ship left the foreign port.

(U.S. vs. Bull)
BAR: The officers of a foreign merchant vessel commit an offense while the vessel is within three miles of the Philippine coastline. May our courts take jurisdiction?

Yes. Once a foreign merchant vessel enters the three-mile territorial limit, its officers and crew become subject to Philippine court jurisdiction.

What is the French Rule on jurisdiction over crimes aboard foreign merchant vessels in territorial waters?

Such crimes are not triable in the courts of that country unless their commission affects the peace and security of the territory or endangers the safety of the state.

What is the English Rule on jurisdiction over crimes aboard foreign merchant vessels in territorial waters?

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

Between the French and English rule, which rule does the Philippines follow?

The Philippines follows the English Rule.

BAR: While anchored in Manila Bay, a member of the crew of a foreign merchant vessel is killed by another member of the crew, a matter that merely disturbs the peace of the ship itself. Do Philippine courts have jurisdiction?

Generally no — disorders that disturb only the peace of the ship are dealt with by the sovereignty of the ship's flag state; but felonious homicide is nonetheless treated as a matter for local jurisdiction, so the Philippine courts may still take cognizance (Mali and Wildenhus vs. Keeper of the Common Jail, cited in People vs. Wong Cheng).

(U.S. vs. Look Chaw).

BAR: A foreign merchant vessel merely in transit through Philippine waters is found to have opium in the possession of a crew member, with no showing that the opium was used or landed in Philippine territory. Do our courts have jurisdiction?

No.

Mere possession of opium aboard a foreign vessel in transit does not by itself constitute a breach of public order because it does not produce disastrous effects within Philippine territory;

jurisdiction attaches only once the opium is landed or used here.

(U.S. vs. Ah Sing)

BAR: A foreign vessel whose terminal port is the Philippines has a crew member found in possession of opium aboard. Is he liable?

Yes, for illegal importation of opium, because the vessel is not merely in transit — the Philippines is its terminal port.

(People vs. Wong Cheng).

BAR: While anchored in Manila Bay, crew members of an English vessel are caught smoking opium aboard. Do Philippine courts have jurisdiction?

Yes.

Smoking opium within Philippine territorial waters, even aboard a foreign vessel, is a breach of public order because it produces the drug's pernicious effects within Philippine territory

Do Philippine courts have jurisdiction over offenses committed aboard foreign WARSHIPS within Philippine territorial waters?

• No.

• Warships are always reputed to be the territory of the country to which they belong and cannot be subjected to the laws of another state.

What is Republic Act No. 9372 and does it have extraterritorial application?

The "Human Security Act of 2007"; yes, Section 58 gives it extraterritorial application, subject to existing treaties and laws of preferential application.

Enumerate the six categories of persons to whom RA 9372 applies under Section 58.

(1) Persons who commit the crimes within Philippine territory/waters/airspace;

(2) persons who, though physically outside, conspire or plot the crimes to be committed inside the Philippines;

(3) persons who commit the crimes aboard a Philippine ship or airship while outside Philippine territory;

(4) persons who commit the crimes within a Philippine embassy/consulate/diplomatic premises;

(5) persons who commit the crimes against Philippine citizens or persons of Philippine descent where citizenship/ethnicity was a factor;

(6) persons who commit the crimes directly against the Philippine government.