Criminal law Philippines - Territoriality criminal law philippines - Limburg 60

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Sunday, 5 September 2021

Criminal law Philippines - Territoriality criminal law philippines

 Criminal Law Philippines

Criminal Law Philippines University of the Criminal law Philippines Center Judge Marlo B. Campanilla. 

2015 BAR REVIEWER ON CRIMINAL LAW PHILIPPINES 

list of criminal laws in the philippines

CRIMINAL LAW PHILIPPINES: PRO REO

In Dubio Pro Reo is means "when in doubt, for the accused.” Intimately related to the in ubio pro Reo principle is the rule of lenity. The rule applies when the court is faced with two possible interpretations of a penal statute, one that is prejudicial to the accused and another that is favorable to him. The rule calls for the adoption of an interpretation that is more lenient to the accused (Intestate estate of Gonzales vs. People, G.R. No. 181409, February 11, 2010).


POSITIVIST THEORY AND CLASSICAL THEORY

The positivist theory states that the basis for criminal liability is the sum total of the social and economic phenomena to which the offense is expressed. The purpose of penalties is to secure justice. The penalties imposed must not only be retributive but must also be reformative, to give the convict an opportunity to live a new life and rejoin society as a productive and civic-spirited member of the community. 


The adoption of the aspects of the Positivist theory is exemplified by the indeterminate sentence law, impossible crime, privilege mitigating circumstance of minority and modifying circumstances, rule on imposition of penalties for heinous and quasi-heinous crimes) (Joya vs. Jail Warden of Batangas, G.R. Nos. 159418-19, December 10, 2003;)


Under the classical theory, man is essentially a moral creature with absolutely free will to choose between good and evil. When he commits a felonious or criminal act, the act is presumed to have been done voluntarily, i.e. with freedom, intelligence, and intent. Man, therefore, should be adjudged or held accountable for wrongful acts so long as free will appears unimpaired (People vs. Estrada, G.R. No. 130487, June 19, 2000). 


Since the Revised Penal Code is based on the classical school of thought, it is the identity of the men's rea which is considered the predominant consideration and, therefore, warrants the imposition of the same penalty for conspirators on the consequential theory that the act of one is thereby the act of all (Hon. Sandiganbayan, Honrado, G.R. No. 115439-41, July 16, 1997). Under this theory,  criminal liability is based on the result of the felonious act (proximate cause rule).


CHARACTERISTIC OF CRIMINAL LAW PHILIPPINES

There are three characteristics of criminal law Philippines, to wit: 

(1) generality (2) territoriality, and (3) prospectivity.

The general, territorial, and prospective characteristics of criminal law are principles that define and demarcate the scope and limitation of the operation of criminal law. Under these three principles, the operation or enforceability of criminal law is limited to wrongful acts committed on or after its effectivity (prospective) within the territory of the Philippines (territoriality) by a person living and sojourning therein (generality).


CRIMINAL LAW PHILIPPINES: GENERALITY - Generality principle is akin to territoriality principle in the sense that the demarcating factor of both principles is the territory of the Philippines. Under the generality principle, criminal law is enforceable to a person living or sojourning in the territory of the Philippines. Under the territoriality principle, criminal law is applicable only to criminal acts committed within the territory of the Philippines. 


But the concept of generality is different from territoriality. The applicability of the territoriality principle or generality principle will depend on the issue raised by the accused in questioning the jurisdiction of the court. If the accused attacks the jurisdiction of the court because of the unique characteristic of his person (e.g. he is a foreigner, military, hermit, primitive, ambassador, legislator, President), 

the applicable principle is generality. If the accused attacks the jurisdiction of the court due to the unique character of the place where the crime was committed (e.g. the place of commission is a foreign vessel, embassy, or high sea), etc, the applicable principle is territoriality.


1. Military officers - The Revised Penal Code and special criminal laws are enforceable against military men living or sojourning in the Philippines. However, CA 408 (Articles of War) vests jurisdiction over members of the AFP to the courts-martial. RA 7055 (AN ACT STRENGTHENING CIVILIAN SUPREMACY OVER THE MILITARY) did not divest the military courts of jurisdiction to try cases involving "service-connected crimes or offenses" under CA 408.


Example: Mutiny or sedition, quarrels, frays; disorders, breaking an arrest or escaping from confinement, releasing prisoners without proper authority, wrongful appropriation of captured property, corresponding with, or aiding the enemy, spies, dueling, fraud against the government affecting matters and equipment.


In fact, RA No. 7055 mandates that these service-connected crimes shall be tried by the court-martial (Navales v. Abaya, G.R. No. 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 if the crimes committed by them are service-connected as defined by RA 7055.


2. Consular officers - Despite the ruling in Schneckenburger vs. Moran, consular officers and employees are now enjoying immunity from criminal prosecution of acts performed in the exercise of a consular function under 1967, Convention on Consular Relation. Slander (Liang vs. People, GR NO 125865, January 28, 2000) or reckless imprudence resulting in homicide is not function-related. The consul is liable for committing this crime.


CRIMINAL LAW PHILIPPINES: TERRITORIALITY PRINCIPLE: Under the principle of territoriality, the Philippines has jurisdiction over crimes committed inside its territory except as provided in the treaties and laws of preferential application. 


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