ASSIGNMENT IN CRIMINAL LAW REVIEW (Extra-Territorial Application of the Revised Penal Code)

The provisions of the Revised Penal Code 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

Extraterritorial application of the Revised Penal Code on crime committed on board Philippine ship or airship refers only to a situation where the Philippine ship or airship is not within the territorial waters or atmosphere of a foreign country. Otherwise, it is the foreign country’s criminal law that will apply.

A vessel is considered a Philippine ship only when it is registered in accordance

with Philippine laws. Under international law, as long as such vessel is not within the

territorial waters of a foreign country, Philippine laws shall govern.

The Philippine ship or airship must be duly registered under the Philippine laws.

Such vessel or aircraft, when beyond the maritime zone, is considered as extension of Philippine national territory. Hence, offenses committed on board said ships or airships, even if outside the territorial waters of the Philippines (so long as they are not within the territorial waters or atmosphere of a foreign country) are cognizable by Philippine Courts and are subject to the provisions of the Revised Penal Code.

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; Forgery of currency is punished so as to maintain the integrity of the currency

and thus insure the credit standing of the government and prevent the imposition on the public and the government of worthless notes or obligations. (People vs. Galano, C.A., 54 O.G. 5897, as cited in the Revised Penal Code by Luis Reyes 2008 Edition).

This offense is penalized whether committed within or without the territory of the

Philippines because such activities are highly injurious to the society once it enters and be circulated in trade or commerce, and likewise in order to preserve the financial credit and stability of the state.

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

Article 163 of the revised penal code penalizes the making, importing and uttering of false coins whether of the United States, of the Philippines or of a foreign country, because it is intended to protect not only the coins legally minted in said countries, but also the public in general. The legislator has taken into consideration the bad effect of the crime of counterfeiting of coins, its importing and uttering. (People vs. Tin Ching Tin, 90 Phil. 870 as cited in the Revised Penal Code by Luis Reyes 2008 Edition)

The circulation of fake or counterfeited currencies and coins in our local

economy not only destroys the credibility and value of our local currency but

also causes economic distortions (Explanatory note in Senate House Bill No. 1014

introduced by Senator Manuel "Li to" M. Lapid regarding his proposal to amend the

provisions of our Revised Penal Code, pertaining to the counterfeiting and forging

of coins of current currency, by imposing stiffer penalties for their violation).

Just like in the preceding instance, the introduction of forged or counterfeited coin

or currency notes in the Philippine Islands is penalized so as to prevent forgers from

introducing fake obligations and securities issued by the Philippine Government thereby

protecting the credibility of our local currency as well as our local economy.

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

The offense committed by a public officer abroad, like the disbursing official of a

Philippine Embassy, must refer to the discharge of his functions, like bribery or malversation. This is intended to prevent injustice to the offended party who may otherwise be left without recourse if said public officers were allowed to evade penalty for offenses committed under the cloak of their public office.

As a general rule, the Revised Penal Code governs only when the crime

committed pertains to the exercise of the public official’s functions, those having to do

with the discharge of their duties in a foreign country. The functions contemplated are

those, which are, under the law, to be performed by the public officer in the Foreign

Service of the Philippine government in a foreign country. However, as exception to this

exception, the Revised Penal Code governs if the crime was committed within the

Philippine Embassy or within the embassy grounds in a foreign country. This is because

embassy grounds are considered an extension of sovereignty.

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.

The reason for the exception regarding crimes against national security and the law of the nations is to safeguard the existence of the state as well as for the protection of its citizens. Treason and espionage are examples of crimes against the national security of the state. Crime against law of the nations is a crime punishable under international law. It is an act that is internationally agreed to be of a criminal nature, such as genocide, piracy or engaging in slave trade. It is also known as crime against international law. Hence, by reason of our adherence to the generally accepted principles of international law as well the preservation of our amity with all nations, this exception was made to apply.

Prepared By:

YANI N. SALIVIO

Law 4, A.Y. 2013-2014

Submitted to:

JUDGE PABLO FORMARAN III

Subject Professor