LOUISA A.

MATUBIS
CRIMINAL LAW REVIEW for SY 2013 - 2014

Paragraph 1 SHOULD COMMIT AN OFFENCE WHILE ON A PHILIPPPINE SHIP OR AIRSHIP

To be applicable the ship and airship must not be within the territorial jurisdiction of another country, it should be noted that the Philippine ship or airship must be registered with Philippine Bureau of Customs because it is the registration with the said bureau which makes it a Philippine Ship or Airship. As to the foreign merchant vessel within the territorial waters of a country are triable in the courts of such country with the exception that when the crimes merely affect things within the vessels or when they only refer to the internal management thereof.

Paragraph 2 SHOULD FORGE OR CONTERFEIT ANY COIN OR CURRENCY NOTE OF THE PHILIPPINE ISLANDS OR OBLIGATIONS AND SECURITIES ISSUED BY THE GOVERNMENT OF THE PHILIPPINE ISLANDS.

This is about forgery or counterfeiting of any coin or currency note of the Philippine or obligation and securities issued by the Government. This is penalized even if committed abroad and may be prosecuted before our courts. The rationale behind this is for the protection against the danger that it can cause once it enters and be circulated in trade and commerce.

Paragraph 3 SHOULD BE LIABLE FOR ACTS CONNECTED WITH THE INTRODUCTION INTO THESE ISLANDS OF THE OBLIGATIONS AND SECURITIES

The rationale of prohibition is that the introduction of forged or counterfeit obligation and securities into the Philippine is dangerous as the forging or counterfeiting of the same will affect the economic interest of the country. Those who introduced the counterfeit items are criminally liable even if they were not the one who counterfeit the obligation and securities. On the other hand, those who counterfeit these items are criminally liable even if they did not introduced the counterfeit items.

Paragraph 4 WHILE BEING PUBLIC OFFICERS OR EMPLOYEES, SHOULD COMMIT AN OFFENSE IN THE EXERCISE OF THEIR FUNCTIONS

This instances punishes officers or employees for offenses committed while in the exercise of their function even if the same is committed abroad. A crime committed within the grounds of a Philippine Embassy on foreign land shall be subject to Philippine Penal Law, although it may or may not have been committed by a public officers in relation to his official duties. Embassy grounds are considered as extensions of the sovereignty of the country occupying them. The rationale behind this is for the state to be responsible for the offense committed by its employees.

Paragraph 5 SHOULD COMMIT ANY OF THE CRIME AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS.

It provides criminal liability to persons who commit offenses against national security such as treason, Conspiracy, Proposal to commit treason, Misprision of treason and espionage and offenses against law of nations such as Inciting to war or giving motives for reprisals, Violation of Neutrality. The rationale behind this is public policy and public order. Criminal liability is provided for the protection of the state and for the preservation of relationship between states and adherence to the generally accepted principle of International Law.