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Questions and Answers
What principle underlies the immunities granted to foreign diplomatic representatives under R.A. 75?
Which group is afforded immunity under R.A. 75 provided their names are registered with the Department of Foreign Affairs?
Which of the following statements is true regarding the Code of Muslim Personal Laws?
What does the principle of prospectivity signify in relation to penal law?
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Under what circumstance may a penal law have retroactive effect?
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Who is immune from any action or suit under the Expanded Anti-Trafficking in Persons Act of 2012 for actions done in good faith?
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Which of the following is NOT a condition that allows for immunity under the Expanded Anti-Trafficking in Persons Act?
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Which of the following best describes the general rule regarding the application of penal laws?
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What is the scope of the Extended Territoriality principle under public international law?
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Which theory proposes that a state has authority over air space up to the point where it exerts effective control?
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What principle allows a state to apply its penal laws to crimes committed against its nationals outside its territory?
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Which of the following justifies a state's jurisdiction over actions that threaten national security?
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Which of the following principles would allow a state to claim jurisdiction over universally recognized crimes?
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What is required for Philippine penal laws to apply to violations committed within foreign diplomatic premises?
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Which of the following does not constitute a justification for extraterritoriality?
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How far from a state's territorial sea can it enforce the Tariff and Customs Law?
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What is the correct nomenclature for an impossible crime related to theft?
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What is a formal crime?
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Which type of felony has three classifications based on gravity?
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What characterizes a singular crime?
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Which stage of execution is characterized as an attempted felony?
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What is considered a complex crime proper?
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Why is an impossible crime subjectively viewed as a potential crime?
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What differentiates plural crimes from singular crimes?
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What is the general principle regarding the applicability of a penal law in relation to territorial jurisdiction?
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Under what condition can a penal law be applied retroactively according to the provided rules?
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Which of the following scenarios would make Philippine penal laws applicable?
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What does the Principle of Intra-territoriality state regarding the application of Philippine penal laws?
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In the case of offenders contracting a second marriage abroad, what is their liability upon returning to the Philippines?
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Which of the following best describes the application of Philippine laws on kidnapping when a victim is taken abroad?
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Which of the following factors is NOT considered when applying Philippine penal laws with regard to territoriality?
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What is the effect of a circular issued by the Supreme Court in regard to penalties for violations like B.P. 22?
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What is the Instilling a Sense of Danger Principle primarily concerned with?
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Which of the following scenarios illustrates the Instilling a Sense of Danger Principle?
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Under what conditions can a person be held liable for another's death?
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What is meant by the Doctrine of the Supervening Cause?
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Which scenario best exemplifies the act of a third person being a Supervening Cause?
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Why might an act by the victim be considered a Supervening Cause?
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Which of the following does NOT contribute to establishing liability for death resulting from an injury?
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Which external factors may influence the outcome of a victim's injury?
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Study Notes
Immunities of Foreign Diplomats
- Philippine law (RA 75) recognizes immunities for foreign diplomatic and consular representatives, provided the corresponding country grants the same immunities to Philippine representatives.
- This principle is known as the "principle of reciprocity."
- The law also extends immunity to the domestic servants of foreign ambassadors, as long their names are registered with the Department of Foreign Affairs.
- Even without this law, immunities for foreign diplomatic representatives are usually granted based on customary international practices.
Application of Penal Laws
- Penal Laws generally apply prospectively, meaning they only apply to acts committed after the law's effectivity.
- They are not usually retroactive but can be applied retroactively if they are favorable to the accused and they're not a habitual delinquent.
- The term "law" includes judicial decisions, rules of procedure, administrative rulings, and circulars.
- Examples include the Supreme Court circular regarding the penalty for B.P 22 violations, which was applied retroactively.
Territoriality
- Penal laws are normally applicable within a specific territory, usually the territory of the authority that enacted the law.
- City/municipal ordinances are applicable only within that city/municipality.
- National laws are applicable only within Philippine territory (land, fluvial, and maritime), as defined by the Constitution and international law.
- Philippine law can be applied to crimes committed within the premises of foreign diplomatic missions, as they are considered part of Philippine territory. However, service or judicial process requires permission from the foreign diplomatic representatives due to the principle of "inviolability of diplomatic premises."
Extra-territoriality
- State’s jurisdiction can be extended to acts beyond their territory based on the following principles:
- Passive Personality Principle: applies if the victim is a national of the state.
- Protective Principle: applies based on national security, for example, when someone attempts to overthrow a state's government.
- Affects Doctrine: applies if the act affects the state's commerce or harms its citizens.
- Universality Principle: applies to universally recognized crimes against humanity (like piracy, slave-trading, terrorism).
- Philippine penal laws can be applied extraterritorially:
- Based on principles of public international law.
- Based on Article 2 of the Revised Penal Code.
Impossible Crime
- There is no crime committed if the act performed is impossible to produce the intended result.
- In an impossible crime, the resulting injury is limited to crimes against persons (death, physical injuries, rape) or against property (theft, estafa).
- The impossible crime theory is based on the ‘positivist’ theory, which aims to protect society from potential criminals.
Stages of Commission
- Some crimes are formal, meaning they are committed in one instance and do not have attempted or frustrated stages.
- Examples include threats, coercion, physical injuries, libel, defamation, Alarms and Scandal.
- Other crimes are material, meaning they have at least two stages of execution.
Stages of Execution
- Crimes can be classified according to their stage of execution:
- Attempted Felony: The offender commences the commission of a felony directly by overt acts but does not perform all acts of execution.
- Frustrated Felony: The offender performs all acts of execution that would produce the felony as a consequence, but it does not produce it by reason of some cause independent of the will of the perpetrator.
- Consummated Felony: All the elements necessary for its execution and accomplishment are present.
Gravity of Crimes
- Crimes are classified into three categories according to their gravity:
- Grave Felony: The penalty prescribed for the crime is capital punishment or reclusion perpetua or life imprisonment.
- Less Grave Felony: The penalty prescribed is one which is less than capital and is not reclusion perpetua.
- Light Felony: Penalty prescribed does not exceed one month or a fine of 200 pesos.
Number of Violations Constituting the Crime
- Singular Crimes: One separate crime is committed per violation or act. For example, if someone shoots one person, stabs another, and boxes a third, each act constitutes a separate crime with a separate penalty.
-
Plural Crimes: Several violations or acts are committed, but they are considered only one crime and receive a single penalty. In these cases, the several acts constitute only one crime in the mind of the offender.
- Complex Crime Proper (delito compuesto): Where one act gives rise to two or more grave or less grave felonies. The penalty imposed for the most serious offense is applied.
- Complex Crime (or ‘delito complejo’): A single act constitutes two or more grave felonies.
Rule in Crimes Against Persons
- When an injury causes death, the offender is liable for the death. This applies if:
- The death befalls the same person injured.
- The injury is capable of producing death.
- The act of the accused is the actual cause of death, accelerated the death, or is the proximate cause of death.
Doctrine of the Supervening Cause
- A cause which intrudes between the act of an accused and the expected injury of the victim, breaking the connection between the act and the injury, and itself becoming the proximate cause of the injury.
- It is an outside factor unrelated to the act of the accused.
- Examples include:
- The victim committing suicide.
- The act of a third person (like a car accident while being transported to the hospital).
- External factors like a disease outbreak, a falling brick, or incorrect medical treatment.
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Description
This quiz covers the immunities granted to foreign diplomatic representatives in the Philippines under RA 75 and the principle of reciprocity. It also explores the application of penal laws, particularly their prospective nature and exceptional retroactive applications. Test your understanding of these important legal concepts.
