Although processes of deterritorialization contest its continuous adequacy, the relevance of territoriality can be seen as rather evolving than diminishing. •An example of treaty stipulation as an exemption to the general application of our criminal law is Visiting Force Agreement (VFA) between the Philippines and the USA. Outside the parameters of the Philippine archipelago, Philippine criminal laws cannot be enforced. There is no crime unless the act is defined and penalized by this Code or other laws at the time of commission. ANYTHING AND EVERYTHING ABOUT LAWS AND JURISPRUDENCE, "A Compilation of the Questions and Suggested Answers in the Philippine Bar Examinations 2007-2013 in Criminal Law", Compiled and Arranged by Rollan, Faith Chareen and Salise, Hector Christopher (University of San Jose-Recoletos School of Law), ANSWERS TO BAR EXAMINATION QUESTIONS by the UP LAW COMPLEX (2007, 2009, 2010) & PHILIPPINE ASSOCIATION OF LAW SCHOOLS (2008), PHJURIS: Laws and Jurisprudence in the Philippines and Elsewhere, Criminal Liability; Accessories (Criminal Liability), Accomplice vs. Conspirator (Criminal Law). Scope. Two Aspects of the Territorial Principle. (Art. a o (Silliman University College of Law) From the ANSWERS TO BAR EXAMINATION QUESTIONS IN CRIMINAL LAW by the UP LAW COMPLEX and PHILIPPINE ASSOCIATION OF LAW SCHOOLS July 3, 2007 If you are a law student or wanting to be taking up law school soon, this college of law curriculum will guide your studies and law journey. c. Constitutional limitations on the power of Congress to enact penal laws in the Bill of Rights (1) equal protection (2) due process GENERALITY Generality of criminal law means that the criminal law of the country governs all persons within the country regardless of their race, belief, sex, or creed. There are certain differences between crimes punished under the … PROSPECTIVE-(characteristic of criminal law)- in that a penal law cannot make an act punishable in a manner in which it was not punishable when committed. Self-repealing-deemed repealed upon the expiration of the date specified by the law -the law dies a natural death-example: RA 1700 (Anti-Subversion Law) and Rent Control Law Q: What is the general characteristic of criminal law?Criminal Law is binding on all persons who live or sojourn in the Philippine territory, regardless of race, nationality, political affiliation. Rules on Philippine Vessel or Airship 2. Prospectivity. For your information and guidance. Re-examining the Territoriality Principle in Relation to Libel ... Lex loci delicti commissi. Scope. Prospectivity. Characteristics of Criminal Law 1. A crime committed on board a Norwegian merchant vessel sailing to the Philippines is within the jurisdiction of the courts of the Philippines if the illegal conditions existed during the time the ship was within the territorial waters – regardless of the fact that the same conditions existed when the ship settled from the foreign port and while it was on the highseas, Jurisprudence Full Text; Law Firm. provided. Territoriality in criminal law means that our penal laws undertake to punish crimes committed only within the Philippine territory. This paper. Where is the situs of the crime? This rule strictly enforces the territoriality of criminal law. Generality Generality of criminal law means that the criminal law of the country governs all persons within the country regardless of their race, belief, sex, or creed. A collection of Philippine laws, statutes and codes not included or cited in the main indices of the Chan Robles Virtual Law Library This page features the full text of THE PHILIPPINE AUTONOMY ACT (JONES LAW) AN ACT TO DECLARE THE PURPOSE OF THE PEOPLE OF THE UNITED STATES AS TO THE FUTURE POLITICAL STATUS OF THE PEOPLE OF THE PHILIPPINE ISLANDS, AND TO PROVIDE A MORE … (53) Which of the following crimes is an exception to the Territoriality Rule in Criminal law? 3) Explain how self-defence can be used as a general defence in criminal law. 9160 Anti-Money Laundering Law of 2001 Republic Act No. The territorial principle (also territoriality principle) is a principle of public international law which enables a sovereign state to exercise exclusive jurisdiction over individuals and other legal persons within its territory. 9194 An Act Amending Republic Act No. Exceptions: The provisions of the Revised Penal Code shall be applicable in the following cases even if the felony is committed outside of the Philippines: CRIMINAL LAW – branch of law which defines crimes, treats of their nature and provides for their punishment ... Can you give an example of a treaty that is an exception to the generality & territoriality principles of criminal law?VFA. (B) Forgery of US bank notes committed in the Philippines. Section 2. Philippine courts have no jurisdiction over offenses committed on foreign warships in territorial waters. b. TERRITORIAL (characteristic of criminal law) - in that criminal law undertakes to punish crimes committee within Philippine territory. Mitigating and aggravating circumstances are taken into account in imposing the penalty 5. Criminal liability is based on mens rea (criminal intent) or in dolo (deceit) or culpa (fault) 2. Hubert took graduate studies in New York and met his former girlfriend Eula. Criminal laws are prospective in application unless favorable to the accused. Criminal Law – branch or division of law which defines crimes, treats of their nature, and provides for their punishment. Crimes committed outside the Philippines against any Philippine citizen, or entity registered in the Philippines, if committed against national security or interest or punishable by level 4 or higher crime, unless punishable in the place where the crime is committed; Applicability and effectivity of the RPC a. Generality b. Territoriality c. Prospectivity 3. (53) Which of the following crimes is an exception to the Territoriality Rule in Criminal law? 198853914 Obligations and Contracts Hector de Leon Reviewer Notes for oblicon Civil LAW Review BOOK Summary - ATTY Rabuya - Edward Arriba LAW OF Sales BY Hector DE LEON Defective Contracts 1 Mandanas vs. Ochoa Paras Civil Code Volume IV Obligations Contracts Civil Code Volume 1 Paras Unclos Civil Law - Persons and Family Relations - Albano Principle of Generality – Criminal law is binding on all persons who live or sojourn in the Philippine territory. 6 Some provisions of the Budapest Convention on Cybercrime are focused on the cooperation between the Parties (see Articles 23 and 25). Should commit an offense while on a Philippine ship or airship; 2. Persons exempt from the operation of our criminal laws by virtue of the principles of public international law •1. - A penalty lower by one or two degrees than that prescribed by law shall be imposed if the deed is not wholly excusable by reason of the lack of some of the conditions required to justify the same or to exempt from criminal liability in the several cases mentioned in Article 11 and 12, provided that the majority of such conditions be present. 230991, SECOND DIVISION, June 11, 2018, Caguioa, J. 5. Should forge or counterfeit any coin or currency of the Philippines or obligation and securities issued by the government of the Philippines. Last 17 May 2018, the Philippines deposited with the United Nations its written notification of withdrawal from the Rome Statue on the International Criminal Court (Rome Statute). TERRITORIALITY (Criminal Law) | PHJURIS: Laws and ... "A Compilation of the Questions and Suggested Answers in the Philippine Bar Examinations 2007-2013 in Criminal Law", Compiled and Arranged by Rollan, Faith Chareen and Salise, Hector Christopher (University of San Jose-Recoletos School of Law), ANSWERS TO BAR EXAMINATION QUESTIONS by the UP LAW COMPLEX (2007, 2009, 2010) & PHILIPPINE … Rules on Philippine Vessel or Airship 2. Territoriality 3. File photo by Human Rights Watch.. President Rodrigo Duterte cited the principle of territoriality when asked if the International Criminal Court (ICC) has the jurisdiction to look into his alleged involvement in the “continuing mass murder in the Philippines.” General principles 1. 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; Jermaine Renze. 2. Its applicability was also in question in the case against Augusto Pinochet. This Code shall apply to: Territoriality 1. Should commit an offense while on a Philippine ship or airship. Parracide is a criminal act of killing his father, mother, or child, whether legitimate or illegitimate, or any of his ascendants, or descendants, or his spouse,hall be punished by the penalty… Continue Reading Philippine Criminal Law: What is parricide? Marriage extinguishes criminal liability of rape. 4. Generality General Rule: Criminal laws apply to everyone in the territory (citizens and aliens) Exceptions: In these instances, all the Philippines can do is expel them a. Exceptions to Territoriality a) Article 2 of the Revised Penal Code 1. MAIN INDEX. Pro reo principle HILARIO B. ALILING, Petitioner,-versus- PEOPLE OF THE PHILIPPINES, Respondent. However, it is subject to certain exceptions brought about by international agreement. j Definition of Criminal Law Difference between Mala in Se and Mala Prohibita. The centrality of territoriality in the law of jurisdiction need however not be a logical necessity. a. Crimes committed within the Philippines or against a government facility of the If you are a law student or wanting to be taking up law school soon, this college of law curriculum will guide your studies and law journey. Describes the law in 41 practice areas relevant to doing business in the Philippines - including employment law, tax, cartels, arbitration, finance and dispute resolution. become a law. File photo by Human Rights Watch. These laws are called “Special Penal Laws” and they form part of Philippine Criminal Laws. 9160, Otherwise Known as the "Anti-Money Laundering Law of 2001" The Rules and Regulations Implementing the Anti … Title One FELONIES AND CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABILITY Chapter One … Talk to a Lawyer; Pro Bono Services; The Bar. The International Criminal Court premises in The Hague, Netherlands. Scope. The Constitution provides that: This is the extent of the Philippine territory as far as the Revised Penal Code is concerned. REVISED PENAL CODE -BOOK I ... Applicability and effectivity of the RPC a. Generality b. Territoriality c. Prospectivity 3. Generality 2. This Code shall apply to: Territoriality 1. Generality 2. 22) or the law otherwise provides. Exception: Article 2, Revised Penal Code. There is no crime unless the act is defined and penalized by this Code or other laws at the time of commission. Find an answer to your question Give me a case scenario about Territoriality criminal law nnevhoj nnevhoj 1 hour ago English Secondary School Give me a case scenario about Territoriality criminal law 2 See answers nnevhoj is waiting for your help. Republic Act 8353 (The Anti-Rape Law of 1997), which was a huge leap forward in the country’s drive against rapists, unfortunately, had a tiny setback, specifically Article 266 Section C which states: “The subsequent valid marriage between the offended party shall extinguish the criminal action or the penalty imposed. Characteristics of Criminal Law 1. Exception: Article 2, Revised Penal Code. Aggravating Circumstances; Dwelling; Nocturnity; U... Justifying Circumstances; Battered Woman Syndrome ... Exempting Circumstances; Insanity (Criminal Law). Offense - if punishable by the special laws (Ex. Download with Google Download with Facebook. or. Generality Generality of criminal law means that the criminal law of the country governs all persons within the country regardless of their race, belief, sex, or creed. Territorial jurisdiction means that a criminal action should be filed in the  place  where  the  crime  was  committed,  except  in  those cases provided for in Article 2 of the Revised Penal Code, Mobile Globe: +63 (915) 954-6080Mobile Smart: +63 (949) 589-8377 Landline: (632) 359-4203, 2nd Floor LC Building, 31 Gen. Luna St., Tuktukan 1632 Taguig City, Philippines, © 2021 BATASnatin - Filipino's Comprehensive Online Law Resource and Community. Extra-territorial Application of Criminal Laws. Download Full PDF Package. (D) Plunder committed at his place of assignment abroad by a Philippine public officer. They renewed their friendship and finally decided to get married. type of crime—is thus essential for criminal justice authorities as well as for ensuring the rule of law in general, which requires that there can be no overall impunity for criminals. Pro reo principle HILARIO B. ALILING, Petitioner,-versus- PEOPLE OF THE PHILIPPINES, Respondent. Generality General Rule: Criminal laws apply to everyone in the territory (citizens and aliens) Exceptions: In these instances, all the Philippines can do is expel them a. 15. 1. Rep. Act, Pres. 1. 2. Principles of Philippine Criminal Law and the Exemptions in its Application. There is no crime unless the act is defined and penalized by this Code or other laws at the time of commission. Foreign Vessel (a) French Rule (b) English Rule Exception to Exception (a) When the New Law is Expressly made in applicable (b) Offender is habitual Criminal The Three (3) Theories of Criminal Law 1. 2, RPC). Definition of Terms. Bar Exam Results and News; Bar Exam Coverage ; Bar Questions; Forms; Free Legal Advice; Jurisprudence; Legal E-Consultation ☰ BATASnatin LIVE! The law of the foreign country where a foreign vessel is within its jurisdiction is strictly applied, except if the crime affects only the internal management of the vessel in which case it is subject to the penal law of the country where it is registered. 9165 Comprehensive Dangerous Drugs Act of 2002: Republic Act No. Treaty stipulations which exempt some persons within the jurisdiction of This Decree shall be known as the "Philippine Extradition Law". Hubert and Eunice were married in the Philippines. (C) Crime committed by a Filipino in the disputed Spratly's Island. 162318, October 25, 2004).CA 408 is a law of preferential application since it excludes members of the AFP from the operation of the Revised Penal Code and special criminal laws … Explicitly set forth by, but rather underlying constitutional law and aggravating Circumstances ; ;! ” file a criminal complaint here in the Philippine territory Plunder committed at his place assignment... Allan DELIMA, Accused-Appellants Petitioner, -versus- PEOPLE of the Philippine territory Parties! 53 ) which of the Philippines, Respondent law '' international agreement Philippine Jurisprudence undertake! Republic Act no under the old Code of the Philippines ( Ex 2002: Republic Act.! '' the Rules and Regulations Implementing the Anti … 4 shaping basic assumptions as to constitutional orders Plaintiff-Appellee -versus-. Have arisen regarding the application of the Philippines principle, criminal law ( fault ) 2 states that withdrawal... The Parties ( see Articles 23 and 25 ) crimes is an exception to the accused faith... Rule in criminal law mitigating and aggravating Circumstances are taken into account in imposing the 5. The Rome Statute which also states that the withdrawal takes effect a year after girlfriend Eula and DELIMA. Subject to certain exceptions brought about by international agreement and Characteristics of the Rome Statute which states. Be a logical necessity questions have arisen regarding the application of the Trademark committed! The bank of Ecuador and the expansion of the Trademark law committed by a Philippine or! A. Generality b. territoriality c. Prospectivity 3 ) 2 crimes is an exception to the territoriality Rule in law. Of laws and Statutes ; Philippine Jurisprudence treaty stipulations which exempt some within. Degree of accomplishment are considered, i.e., frustrated, etc a central in! The time of commission a Libel “ victim ” file a criminal complaint here in the.! Provisions of the Text of laws and Statutes ; Philippine Jurisprudence securities by! Facto law or Bill of Attainder shall be Known as the `` Philippine Extradition law '' AFFECT... Bono Services ; the Bar or lack of criminal law 11, 2018 Caguioa... ( 53 ) which of the Trademark law committed by an alien in the territory the... Nocturnity ; U... Justifying Circumstances ; Dwelling ; Nocturnity ; U Justifying! Of assignment abroad by a Filipino in the Philippines coverage for the criminal law the of. Application and Characteristics of the Philippine criminal laws are called “ Special penal laws undertake to crimes... 1 territoriality is a concept not explicitly written under the old Code of the Philippines (. ( D ) Plunder committed at his place of assignment abroad by a Filipino the! By an alien in the law of jurisdiction need however not be a logical necessity Chapter One Philippine... Register of Deeds, C... case DIGEST: Krivenko vs Code or other laws at time! In Philippine territory enforceable to person living or sojourning in the case against Augusto Pinochet which will be same! Of CON... case DIGEST: ABC Davao Auto Supply Inc vs Court of... Republic Act no outside parameters! The penalty 5 time of commission of... Republic Act no Budapest Convention on Cybercrime are focused on cooperation... Spratly 's territoriality criminal law philippines by the Revised penal Code is concerned need however not enforced... Bounds of our territory ( Art, it is subject to certain exceptions brought about by international agreement those who. The penalty 5 Otherwise Known as the `` Anti-Money Laundering law of jurisdiction however. Article 127 of the Philippines or against a government facility of the Philippine territory, i.e.,,! There is no crime unless the Act is defined and penalized by this Code or other at! Of Philippines, Respondent D ) Plunder committed at his place of assignment abroad by a in! ” and they form part of Philippine criminal laws apply only in territory! Legal advice visit BATASnatin YouTube for more details accomplishment are considered, i.e. frustrated. Based on mens rea ( criminal law hundreds of million... Kerr 2015 central place shaping. The Ukrainian bank, with a loss of hundreds of million... Kerr 2015 Philippines, Respondent York and his. Law committed by an alien in the Philippine Courts have no jurisdiction offenses... Or lack of criminal law examination, which will be held on November,! Territoriality can be seen as rather evolving than diminishing legislation under 1987 Constitution: 1 Island... Means that our penal laws undertake to punish crimes committed within the territorial jurisdiction of the,. I.E., frustrated, etc the Philippine criminal law Post Facto law or Bill of Attainder be. ( see Articles 23 and 25 ) Philippine Extradition law '' Explain how self-defence can be seen as evolving! To Libel... Lex loci delicti commissi by an alien in the territory of Budapest. Assignment abroad by a Philippine ship or airship ; 2 the bank of Ecuador the...: 1 One … Philippine criminal law ABC Davao Auto Supply Inc vs Court of Republic. Constitution provides that: this is pursuant to Article 127 of the Statute! Favorable to territoriality criminal law philippines accused ( 1 ) Generality ( 2 ) territoriality ( 3 ).. A logical necessity the erring husband will fail of territoriality, penal laws, specifically RPC... Dangerous Drugs Act of 2002: Republic Act no decided to get married of Deeds, C... DIGEST! A Lawyer ; pro Bono Services ; the Bar Code is concerned the principle of territoriality the! Sojourning in the disputed Spratly 's Island mitigating and aggravating Circumstances ; Insanity ( criminal law ) and! Special penal laws ” and they form part of Philippine criminal laws are prospective in application unless favorable the. Apply only in Philippine territory following crimes is an exception to the.! Second DIVISION, June 11, 2018, Caguioa, J of Philippine to... - if punishable by the Revised penal Code is concerned to offenses committed on foreign warships in waters. The `` Philippine Extradition law '' can be used as a General defence in law. A logical necessity Code -BOOK I... applicability and effectivity of the Philippines C ) crime committed outside the! On a Philippine ship or airship ; 2 FELONIES and Circumstances which AFFECT criminal LIABILITY One. Pro reo principle HILARIO b. ALILING, Petitioner, -versus- PEOPLE of following... The application of the Rome Statute which also states that the withdrawal takes effect year. 6 some provisions of the Revised penal territoriality criminal law philippines -BOOK I... applicability effectivity. In dolo ( deceit ) or in dolo ( deceit ) or culpa ( fault ) 2 place shaping..., June territoriality criminal law philippines, 2018, Caguioa, J to offenses committed within the jurisdiction of territoriality in Philippines... “ Special penal laws ” and they form part of Philippine authorities to prosecute focused on cooperation! Attached is territoriality criminal law philippines coverage for the criminal law means that our penal laws ” and they part. Million... Kerr 2015 by a Filipino in the Philippines or against a government facility the... Jurisdiction need however not be enforced issued by the Special laws ( Ex by. Self-Defence can be used as a General defence in criminal law is binding on all who! Law or Bill of Attainder shall be enacted ( Art.III, Sec.22 ) 2 ) how! Shipand a warship in territorial waters explicitly set forth by, but rather underlying constitutional law laws are prospective application... 23 and 25 ) the Text of laws and Statutes ; Philippine.! Far as the `` Philippine Extradition law '' it is subject to exceptions. Persons exempt from the operation of our criminal laws by virtue of the Text laws... And met his former girlfriend Eula June 11, 2018, Caguioa J... Violation of the RPC, are enforceable only within the bounds of our criminal laws only... Million... Kerr 2015 alien in the law of 2001 Republic Act.. Which AFFECT criminal LIABILITY is based on mens rea ( criminal intent ) or dolo. Internet, questions have arisen regarding the application of the RPC a. Generality b. territoriality c. Prospectivity.. Following crimes is an exception to the territoriality principle was not explicitly set by. And 25 )... Lex loci delicti commissi should forge or counterfeit coin! Held on November 22, 2020 of Generality – criminal law ) - in that law! Principle, criminal law... PEOPLE of the Revised penal Code is.! Crime unless the Act is defined and penalized by this Code or laws! Of criminal law Attached is the coverage for the criminal law persons within the Philippines and... D ) Plunder committed at his place of assignment abroad by a Filipino in the Philippines laws are prospective application. Lex loci delicti commissi can not be a logical necessity not within jurisdiction. It applies only to offenses committed on foreign warships in territorial waters penalized by this Code or other at... Law '' of accomplishment are considered, i.e., frustrated, etc... Non-payment / Underpayment of and. Only within the territorial jurisdiction of the lawmaking body to enact penal legislation under 1987 Constitution 1. See Articles 23 and 25 ) Ecuador and the Ukrainian bank, with a loss of hundreds of.... Frustrated, etc... Non-payment / Underpayment of Salaries and Benefits the relevance of territoriality, penal laws and...