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Art 2. Application of its provisions. – Except as 5. Maritime zone.

provided in the treaties and laws of preferential a. According to treaties, 3 miles is the
application, the provisions of this Code shall be fixed lengths from the coastline,
enforced not only within the Philippine Archipelago, starting from low water mark.
including its atmosphere, its interior waters and b. Includes bays, gulfs, adjacent parts of
maritime zone, but also outside of its jurisdiction, the sea or recesses in the coastline,
against those who: with width to their entrance is < 12
miles
(1) Should commit an offense while on a c. Straits of < 6 miles wide.
Philippine ship or airship; i. Otherwise, space in the center
(2) Should forge or counterfeit any coin or outside of the maritime league
currency note of the Philippine Islands or limits is “open sea”.
obligations and securities issued by the 6. When offender should commit an offense
Government of the Philippine Islands;
while on a Philippine ship or airship.
(3) Should be liable for acts connected with the a. Any person who commits crime on
introduction into these Islands of the board a Ph ship, even outside of
obligations and securities mentioned in the territory can be civilly liable.
preceding number; b. BUT when ship is in territory of a
(4) While being public officers or employees, foreign country, it is subject to laws of
should commit an offense in the exercise of that country.
their functions; or c. Ph ship = registered in the Philippine
(5) Should commit any of the crimes against Bureau of Customs. If not, even if
national security and the law of nations, owner if Filipino, ship is not Ph.
defined in Title One of Book Two of this Code. 7. When the offender should forge or counterfeit
any coin or currency note of the Philippines or
obligations and securities issued by the
1. Scope of application on RPC. Government.
a. Outside of Philippine territorial a. Even when in a foreign country.
jurisdiction in certain cases. 8. When the offender should be liable for acts
b. Acts committed in air, at sea, and in connected with the introduction into the
foreign country when such acts affect Philippines of the obligations and securities
the political or economic life of the mentioned in the preceding number.
nation. a. Introduction of forged or counterfeited
2. Except as provided in the treaties and laws of obligations and securities into the Ph is
preferential application. as dangerous as the act itself, to the
a. General rule is that provisions of the economic interest of the country.
RPC shall be enforced against any 9. When the offender, while being a public officer
person who violates any of its or employee, should commit an offense in the
provisions while living or sojourning in exercise of his functions.
the Philippines. a. Direct bribery (Art 210) and indirect
b. The exceptions to that rule may be bribery (Art 211)
provided by the treaties and laws of b. Frauds against the public treasury (Art
preferential application. 213)
3. Atmosphere. c. Possession of prohibited interest (Art
a. Sovereignty of subjacent state, and its 216)
penal laws, extend to all the air space d. Malversation of public funds or
which covers its territory. property (Art 217)
b. Right of way or easement in favor of e. Failure of accountable officer to render
foreign aircrafts accounts (Art 218)
4. Interior waters. f. Illegal use of public funds or property
Creeks, rivers, lakes, bays, gulfs, straits, (Art 220)
coves, inlets, roadsteads, lying wholly g. Failure to make delivery of public funds
within the 3-mile limit. or property (Art 221)
h. Falsification by a public officer or Art 3. Definitions – Acts and omissions punishable by
employee committed with abuse of his law are felonies (delitos)
official position (Art 171)
Felonies are committed not only by means of deceit
If these felonies are committed abroad by (dolo) but also by means of fault (culpa).
any public officers or employees while in the
exercise of his functions, he ca n be There is deceit when the act is performed with
prosecuted here. deliberate intent; and there is fault when the wrongful
act results from imprudence, negligence, lack of
10. When the offender should commit any of the foresight, or lack of skills.
crimes against the national security and the
law of nations. 1. Delitos – offenses
a. Treason (Art 114) 2. Act – any overt bodily movement affecting
b. Conspiracy and proposal to commit external world.
treason (Art 115) a. Internal acts are beyond sphere of
c. Espionage (Art 117) penal law
d. Inciting to war and giving motives for 3. Omissions – inaction. There must be a law
reprisals (Art 118) requiring its performance.
a. Omission to report a witnessed crime is
e. Violation of neutrality (Art 119)
f. Correspondence with hostile country not felony/punishable.
(Art 120) 4. Dolo – with malice/ deliberate intent
g. Flight to enemy’s country (Art 121) a. Freedom
h. Piracy and mutiny on the high seas (Art b. Intelligence to determine morality
112) c. Intent as shown by over acts
11. Such crimes committed outside of the i. If act produce natural/direct
Philippines shall be cognizable by the RTC in result, unlikely na
which the charge was first filed (RC 110 Sec 15) unintentional.
12. Offenses on board a foreign vessel while in ii. Criminal intent  criminal
Philippines waters is triable before our Court. liability. Assumed from
13. Rules of jurisdiction over crimes committed in unlawful act. But if you were
foreign vessels. acting in good faith, none.
a. French rule – not triable in the courts of 5. Culpa – no malice/no intent
THAT country, UNLESS its commission a. Imprudence – deficiency of action;
affect the peace and security of the precaution to avoid injury. Invokes lack
territory of skill.
b. English rule – triable in that country, b. Negligence – deficiency of perception;
UNLESS they merely affect things within attention to foresee impending injury.
the vessel, or they refer to the internal Invokes lack of foresight.
c. Culpa is punishable because we need to
management thereof. Philippines uses
this rule! be cautious, prudent, and
14. Crimes of breach of public order committed in commonsensical, so that selves and
foreign merchant vessel in transit is not triable others are not exposed to danger.
by our courts.*** 6. Voluntary. Why?
a. Smoking opinion is a breach of public a. Classical theory (free will)
order. b. Rationality of man
15. We have no jurisprudence over offenses c. intent = voluntary; imprudence =
committed on board foreign warships in voluntary w/o malice.
territorial waters. 7. Mistake of Fact
16. *** a. Would have been lawful if believed fact
is correct.
b. Intention is lawful
c. Mistake is w/o fault or carelessness
8. Mala in se and Mala Prohibita
FELONIES
a. Mala in se – evil in nature; must have he shall not be permitted to leave without first
criminal intent obtaining the permission of the same court.
b. Mala prohibita – criminal intent not 2. A person under nine years of age.
needed for special laws, even tho you 3. A person over nine years of age and under
have good faith (e.g. intimidating fifteen, unless he has acted with discernment, i
electors) in which case, such minor shall be proceeded
When acts are inherently evil, they are against in accordance with the provisions of
mala in se even if punished by special Article 80 of this Code.
law.
9. Motive When such minor is adjudged to be criminally
a. Essential ONLY when there is doubt as irresponsible, the court, in conformity with the
to the IDENTITY of assailant. provisions of this and the preceding paragraph,
b. Used to ascertain truth between two shall commit him to the care and custody of his
versions/theories of killing. family who shall be charged with his
c. Proof of motive NOT indispensable surveillance and education; otherwise, he shall
where guilt is otherwise established by be committed to the care of some institution
sufficient evidence. or person mentioned in said Article 80.**
d. Motive NOT enough to support 4. Any person who, while performing a lawful act
conviction. with due care, causes an injury by mere
e. Lack of motive can be used as defense. accident without fault or intention of causing
f. Proving motive. (1) testimony (2) it.
evidence) 5. Any person who acts under the compulsion of
an irresistible force.
6. Any person who acts under the impulse of an
Art 4. Criminal liability – Criminal liability shall be uncontrollable fear of an equal or greater
incurred: injury.
7. Any person who fails to perform an act
1. By any person committing a felony (delito) required by law, when prevented by some
although the wrongful act done be different lawful or insuperable cause.
from that which he intended.
2. By any person performing an act which would
be an offense against persons or property, Art 365. Imprudence and negligence. — Any person
were it not for the inherent impossibility of its who, by reckless imprudence, shall commit any act
accomplishment or on account of the which, had it been intentional, would constitute a
employment of inadequate or ineffectual grave felony, shall suffer the penalty of arresto mayor
means. in its maximum period to prision correccional in its
medium period; if it would have constituted a less
1. Person NOT committing felony is NOT criminally
grave felony, the penalty of arresto mayor in its
liable for unintended results. minimum and medium periods shall be imposed; if it
2. Criminal liability needs intention to commit would have constituted a light felony, the penalty of
felony. arresto menor in its maximum period shall be
Art 12. Circumstances which exempt from criminal imposed.
liability. - The following are exempt from criminl Any person who, by simple imprudence or negligence,
liability: shall commit an act which would otherwise constitute
1. An imbecile or an insane person, unless the a grave felony, shall suffer the penalty of arresto
latter has acted during a lucid interval. mayor in its medium and maximum periods; if it would
have constituted a less serious felony, the penalty of
When the imbecile or an insane person has arresto mayor in its minimum period shall be imposed.
committed an act which the law defines as a When the execution of the act covered by this article
felony (delito), the court shall order his shall have only resulted in damage to the property of
confinement in one of the hospitals or asylums
another, the offender shall be punished by a fine
established for person s thus afflicted, which
ranging from an amount equal to the value of said
damages to three times such value, but which shall in
no case be less than twenty-five pesos.
A fine not exceeding two hundred pesos and censure
shall be imposed upon any person who, by simple
imprudence or negligence, shall cause some wrong
which, if done maliciously, would have constituted a
light felony.
In the imposition of these penalties, the court shall
exercise their sound discretion, without regard to the
rules prescribed in Article sixty-four.chanrobles virtual
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The provisions contained in this article shall not be
applicable:
1. When the penalty provided for the offense is equal
to or lower than those provided in the first two
paragraphs of this article, in which case the court shall
impose the penalty next lower in degree than that
which should be imposed in the period which they
may deem proper to apply.
2. When, by imprudence or negligence and with
violation of the Automobile Law, to death of a person
shall be caused, in which case the defendant shall be
punished by prision correccional in its medium and
maximum periods.
Reckless imprudence consists in voluntary, but without
malice, doing or falling to do an act from which
material damage results by reason of inexcusable lack
of precaution on the part of the person performing of
failing to perform such act, taking into consideration
his employment or occupation, degree of intelligence,
physical condition and other circumstances regarding
persons, time and place.
Simple imprudence consists in the lack of precaution
displayed in those cases in which the damage
impending to be caused is not immediate nor the
danger clearly manifest.
The penalty next higher in degree to those provided
for in this article shall be imposed upon the offender
who fails to lend on the spot to the injured parties
such help as may be in this hand to give. (As amended
by R.A. 1790, approved June 21, 1957).