Territoriality in Philippine Law

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Questions and Answers

When does the Revised Penal Code apply to offenses committed on board a Philippine ship or airship?

Only for military vessels.

Only for offenses occurring in Philippine waters.

Only for foreign vessels registered in the Philippines.

For offenses in international waters or the territorial waters of a foreign state. (correct)

What defines a vessel as a Philippine ship or airship?

The nationality of its owner.

The type of ship, military or commercial.

The location of the ship at the time of the offense.

The registration under Philippine laws. (correct)

Which of the following applies when a crime is committed on a military ship or airship?

It is governed by public international law. (correct)

It is never subject to Philippine laws.

It is always subject to the Revised Penal Code.

It is treated as a commercial offense.

What is the principle governing offenses committed on merchant vessels within another state's territorial waters?

French Rule focusing on the nationality of the vessel. Signup and view all the answers

What happens if an offense occurs on a Philippine ship in the territorial waters of a foreign state?

The foreign state has priority to assume jurisdiction. Signup and view all the answers

Which vessel types are included in the scope of Article 2 concerning offenses committed abroad?

Both commercial and non-military private vessels. Signup and view all the answers

During wartime, how are enemy vessels defined?

Owned by nationals of the enemy country. Signup and view all the answers

What does the Affects Doctrine imply in the context of offenses on Philippine vessels?

It relates to offenses based on the vessel's registration. Signup and view all the answers

Which scenario exemplifies an impossible crime?

Picking pocketing an empty pocket Signup and view all the answers

What is a characteristic of physical impossibility in crime?

Factors beyond the control of the accused prevent crime accomplishment Signup and view all the answers

Under what condition can someone not be guilty of theft?

If the property actually belongs to them Signup and view all the answers

What is the consequence of using means that are inadequate for a crime?

The accused can be charged with frustrated attempt in some cases Signup and view all the answers

What is one essential principle of impossible crimes?

The accused is unaware of the impossibility or ineffectual means Signup and view all the answers

What is the penalty for committing an impossible crime?

Arresto Mayor and a fine of P500.00 Signup and view all the answers

Which of the following scenarios would not qualify under the principle of impossible crime?

Stealing a check that is valid Signup and view all the answers

What is the implication of an act that forces a robbery but the property is one's own?

It will imply a different legal categorization such as grave coercion Signup and view all the answers

What type of crime is committed if an individual kills X and inadvertently injures Y?

Homicide with Attempted Homicide Signup and view all the answers

What is required for Proof of Mistake of Fact to exempt a person from criminal liability?

The facts must have been as the accused believed Signup and view all the answers

Which of the following does not apply to Mistake of Fact?

Strict Liability Crimes Signup and view all the answers

What scenario would not qualify for the defense of Mistake of Fact?

Mistakenly believing the victim was a family member Signup and view all the answers

How does Proof of Good Faith protect a defendant's liability?

It confirms an honest belief or intention. Signup and view all the answers

Which of the following best describes the term 'Purposeful Intent' according to the American Model Penal Code?

The accused had the desire to cause a specific result. Signup and view all the answers

In the example presented, why was the defense of Mistake of Fact not appreciated in PP vs. Oanis?

The accused had time to ascertain the identity. Signup and view all the answers

What distinguishes Mistake of Fact from Mistake of Law?

Mistake of Law is based on reliance on invalid laws. Signup and view all the answers

What term refers to the personal or private reasons for committing a crime?

Motive Signup and view all the answers

Which term describes when an accused individual is indifferent to the consequences of their actions?

Reckless Signup and view all the answers

Which statement about motive is correct?

Motive can be irrelevant for certain crimes. Signup and view all the answers

How does motive differ from intent?

Motive is not an element of law while intent is. Signup and view all the answers

Which of the following is an example of negligence?

Failing to act like a reasonable person would Signup and view all the answers

In which scenario might proving motive be necessary?

In certain specific crimes like libel or malicious mischief Signup and view all the answers

Which statement is true regarding intent?

Intent is always linked to a desired outcome. Signup and view all the answers

What best describes reckless behavior?

A conscious disregard for the known risks Signup and view all the answers

Which acts are NOT punished under the exception of possession of picklocks and false keys?

Culpable felonies Signup and view all the answers

What is required for an act to be considered part of the attempted stage of a felony?

It must be an overt act Signup and view all the answers

Which of the following is an example of an act NOT likely to be considered an attempt to commit a felony?

Following a person with intent Signup and view all the answers

In relation to attempts, how is the concept of overt acts characterized?

Visible by the senses Signup and view all the answers

Which statements accurately describe the concepts excluded from the application of Article 6?

Culpable felonies and felonies by omission Signup and view all the answers

What could be considered a direct overt act in an attempted felony?

Breaking a window to enter a property Signup and view all the answers

Which of the following laws provides for an attempted or frustrated stage of a felony?

Dangerous Drugs Law Signup and view all the answers

What should be the nature of an act for it to be designated as an attempt in criminal law?

Indicating clear intention with observable action Signup and view all the answers

Study Notes

Territoriality and Extra-Territoriality in Philippine Law

The Revised Penal Code applies to offenses committed beyond the territory of the Philippines in specific situations.
Offenses committed on board a Philippine ship or airship are subject to Philippine law, regardless of where they occur, based on the Affects Doctrine.
This applies to commercial ships and airships but not military vessels.
The nationality of a vessel is determined by its registration in accordance with Philippine laws, not the nationality of its owners. This is known as the Flag State Rule.
Philippine courts can assume jurisdiction over offenses committed on a Philippine ship in international waters or in the territorial waters of a foreign state, if the foreign state does not exercise jurisdiction.
The principle of territoriality applies if the ship is within Philippine waters.
There are different legal frameworks for jurisdiction over offenses committed on board merchant vessels within the territorial waters of another state:
- French Rule: Emphasizes the nationality of the vessel.
- English Rule: Emphasizes the territoriality principle.
In the Philippines, the French Rule is applied.
Philippine law emphasizes the territoriality principle, meaning that crimes committed within Philippine territory are subject to Philippine jurisdiction.

Impossible Crimes

An impossible crime occurs when the intended crime cannot be committed due to factors or circumstances beyond the control of the accused.
Three types of impossible crimes:
- Physical impossibility: The intended crime cannot be produced due to factors or circumstances beyond the control of the accused.
- Ineffectual means: The means used cannot produce the intended crime under any circumstances.
- Inadequate means: The quantity or amount used is insufficient to produce the desired result.
To be considered an impossible crime, the accused must not be aware of the impossibility or inadequacy of the means employed.
An impossible crime is punished by a fixed penalty of Arresto Mayor and a fine of P500.00.

Intent and Motive

Motive is the personal or private reasons behind committing a crime.
Intent is the purpose of using a particular means to achieve a desired result.
Motive is not always required for conviction, but it can be relevant in certain cases.
Mistakes of Fact can exempt a person from criminal liability, but only in intentional felonies and not in culpable felonies or strict liability crimes.

Criminal Liability

Criminal liability is incurred when a person commits a felony, through acts of execution, with intent.
Acts of execution include the attempted, frustrated, and consummated stages of a crime.
The concept of attempt is defined in Article 6 of the Revised Penal Code: the accused commences the commission of a felony directly by overt acts but does not perform all the acts of execution due to some cause or accident other than his own spontaneous desistance.
Overt acts are observable, physical deeds indicating an intention to commit a crime.
Frustrated crimes occur when the offender performs all the acts of execution, but the crime is not consummated due to causes independent of the offender's will.
Consummated crimes occur when the offender performs all the acts of execution that produce the intended result.

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Description

This quiz explores the principles of territoriality and extra-territoriality as applied in Philippine law, particularly in the context of the Revised Penal Code. It covers jurisdictional rules pertaining to offenses committed on Philippine ships and airships, including the Flag State Rule and the Affects Doctrine. Test your understanding of these legal frameworks and their implications in international waters.