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Questions and Answers
When does this Code take effect?
When does this Code take effect?
Where are the provisions of this Code enforced?
Where are the provisions of this Code enforced?
What is an example of a crime committed by a public officer or employee that falls under the jurisdiction of this Code?
What is an example of a crime committed by a public officer or employee that falls under the jurisdiction of this Code?
What is a circumstance under which a crime committed on a foreign merchant vessel is triable in the Philippine courts?
What is a circumstance under which a crime committed on a foreign merchant vessel is triable in the Philippine courts?
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What is an example of a crime against the national security and the law of nations?
What is an example of a crime against the national security and the law of nations?
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How many circumstances are listed under which the provisions of this Code are enforced outside of the Philippine jurisdiction?
How many circumstances are listed under which the provisions of this Code are enforced outside of the Philippine jurisdiction?
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What is the territorial scope of this Code?
What is the territorial scope of this Code?
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What is the basis for the enforcement of this Code against individuals outside its territorial jurisdiction?
What is the basis for the enforcement of this Code against individuals outside its territorial jurisdiction?
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What is an example of a crime that falls under the jurisdiction of this Code?
What is an example of a crime that falls under the jurisdiction of this Code?
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What is the purpose of the French Rule in relation to crimes committed aboard foreign merchant vessels?
What is the purpose of the French Rule in relation to crimes committed aboard foreign merchant vessels?
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What is the significance of the phrase 'law of nations' in this Code?
What is the significance of the phrase 'law of nations' in this Code?
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What is the relationship between public officers or employees and the jurisdiction of this Code?
What is the relationship between public officers or employees and the jurisdiction of this Code?
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What is the exception to the rule that the Revised Penal Code governs only when the crime committed pertains to the exercise of the public official’s functions?
What is the exception to the rule that the Revised Penal Code governs only when the crime committed pertains to the exercise of the public official’s functions?
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Under which rule does a crime committed on a foreign merchant vessel fall within the jurisdiction of the Philippine courts?
Under which rule does a crime committed on a foreign merchant vessel fall within the jurisdiction of the Philippine courts?
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What is the status of a vessel that is not registered in accordance with the laws of any country?
What is the status of a vessel that is not registered in accordance with the laws of any country?
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What is considered a continuing crime under the doctrine of US v. Bull?
What is considered a continuing crime under the doctrine of US v. Bull?
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In which situation may a foreign country not apply its criminal law even if a crime was committed on board a vessel within its territorial waters?
In which situation may a foreign country not apply its criminal law even if a crime was committed on board a vessel within its territorial waters?
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What is required for a ship to be considered a Philippine ship or airship?
What is required for a ship to be considered a Philippine ship or airship?
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Study Notes
Effectivity and Application of the Code
- This Code takes effect on January 1, 1932
- The Code's provisions apply within the Philippine Archipelago, including its atmosphere, interior waters, and maritime zone
- The Code also applies outside the Philippines' jurisdiction in specific cases
Extraterritorial Application
- Against those who commit an offense on a Philippine ship or airship
- Against those who forge or counterfeit Philippine currency, obligations, or securities
- Against those liable for introducing forged or counterfeit items into the Philippines
- Against public officers or employees who commit an offense in the exercise of their functions
- Against those who commit crimes against national security and the law of nations
Crimes Against National Security and the Law of Nations
- Treason
- Espionage
- Piracy
- Mutiny
- Violation of neutrality
Crimes Committed on Foreign Merchant Vessels
- The English Rule applies in the Philippines, where crimes are triable unless they only affect things within the vessel or refer to its internal management
- Exceptions to this rule include:
- Crimes committed on a war vessel of a foreign country, which are part of the sovereignty of that country
- Crimes committed in a country that adopts the French Rule, which only applies to merchant vessels, unless the crime affects national security or public order
Effectivity and Jurisdiction
- The Revised Penal Code took effect on January 1, 1932
- The Code applies not only within the Philippine Archipelago but also outside its jurisdiction in certain cases
Extra-Territorial Application
- Crimes committed on a Philippine ship or airship are under Philippine jurisdiction
- Forging or counterfeiting Philippine currency or government securities is a crime punishable under Philippine law, regardless of where it was committed
- Public officers or employees who commit an offense while exercising their functions are also subject to Philippine law, even if committed outside the Philippines
- Crimes against national security, such as treason, espionage, piracy, and violation of neutrality, are punishable under Philippine law, regardless of where they were committed
Crimes on Foreign Merchant Vessels
- The English Rule applies in the Philippines, where crimes committed on foreign merchant vessels are triable in the Philippines unless they only affect the internal management of the vessel
- The French Rule does not apply to war vessels or when the crime affects the national security or public order of the foreign country
- Crimes committed on pirate vessels are considered crimes against humanity and can be prosecuted anywhere
Requirements for "Offense Committed while on a Philippine Ship or Airship"
- The ship must be registered with the Philippine Bureau of Customs
- The ship must be in the high seas or the airship must be in international airspace
Continuing Crimes
- A crime that starts in a foreign territory and continues into Philippine waters is considered a continuing crime and within the jurisdiction of local courts
- The location where the crime starts is not a determining factor in jurisdiction
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Description
This quiz covers the effectivity and application of the Philippine Code, including its provisions and jurisdiction. It also explores the Code's extraterritorial application in specific cases.
