ANYTHING AND EVERYTHING ABOUT LAWS AND JURISPRUDENCE, "A Compilation of the Questions and Suggested Answers in the Philippine Bar Examinations 2007-2013 in Criminal Law", Compiled and Arranged by Rollan, Faith Chareen and Salise, Hector Christopher (University of San Jose-Recoletos School of Law), ANSWERS TO BAR EXAMINATION QUESTIONS by the UP LAW COMPLEX (2007, 2009, 2010) & PHILIPPINE ASSOCIATION OF LAW SCHOOLS (2008), PHJURIS: Laws and Jurisprudence in the Philippines and Elsewhere, Criminal Liability; Accessories (Criminal Liability), Accomplice vs. Conspirator (Criminal Law). Definition of Terms. Generality Generality of criminal law means that the criminal law of the country governs all persons within the country regardless of their race, belief, sex, or creed. (C) Crime committed by a Filipino in the disputed Spratly's Island. Classical Theory 2. Exceptions to Territoriality a) Article 2 of the Revised Penal Code 1. Treaty stipulations which exempt some persons within the jurisdiction of (A) Violation of the Trademark Law committed by an alien in the Philippines. 22) or the law otherwise provides. CRIMINAL LAW I. All crimes as defense lawyer or private prosecutor. Generality Generality of criminal law means that the criminal law of the country governs all persons within the country regardless of their race, belief, sex, or creed. (B) Forgery of US bank notes committed in the Philippines. 9160 Anti-Money Laundering Law of 2001 Republic Act No. Characteristics of Criminal Law 1. Under the principle of territoriality, penal laws, specifically the RPC, are enforceable only within the bounds of our territory (Art. Section 2. March 5, 2020. Foreign Vessel (a) French Rule (b) English Rule Exception to Exception (a) When the New Law is Expressly made in applicable (b) Offender is habitual Criminal The Three (3) Theories of Criminal Law 1. become a law. General Principles; Territoriality (2008) No. 1. Philippine courts have no jurisdiction over offenses committed on foreign warships in territorial waters. 1. Find an answer to your question Give me a case scenario about Territoriality criminal law nnevhoj nnevhoj 1 hour ago English Secondary School Give me a case scenario about Territoriality criminal law 2 See answers nnevhoj is waiting for your help. Foreign Vessel (a) French Rule (b) English Rule Exception to Exception (a) When the New Law is Expressly made in applicable (b) Offender is habitual Criminal The Three (3) Theories of Criminal Law 1. ... PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee,-versus- MICHAEL DELIMAN and ALLAN DELIMA, Accused-Appellants. This rule strictly enforces the territoriality of criminal law. 2. If you are a law student or wanting to be taking up law school soon, this college of law curriculum will guide your studies and law journey. PROSPECTIVE-(characteristic of criminal law)- in that a penal law cannot make an act punishable in a manner in which it was not punishable when committed. This Decree shall be known as the "Philippine Extradition Law". CONSTITUTIONAL PROVISION LIMITING THE POWER OF CON... CASE DIGEST: Krivenko vs. No crime without law. Talk to a Lawyer; Pro Bono Services; The Bar. Add your answer and earn points. 2007. The territorial principle (also territoriality principle) is a principle of public international law which enables a sovereign state to exercise exclusive jurisdiction over individuals and other legal persons within its territory. Scope. REVISED PENAL CODE -BOOK I ... Applicability and effectivity of the RPC a. Generality b. Territoriality c. Prospectivity 3. There are certain differences between crimes punished under the … Definition of Criminal Law Difference between Mala in Se and Mala Prohibita. (53) Which of the following crimes is an exception to the Territoriality Rule in Criminal law? Rep. Act, Pres. Section 2. 1. The first wife, Eunice, heard about type of crime—is thus essential for criminal justice authorities as well as for ensuring the rule of law in general, which requires that there can be no overall impunity for criminals. CRIMINAL LAW Attached is the coverage for the Criminal Law examination, which will be held on November 22, 2020. Free legal advice visit BATASnatin YouTube for more details! b. "A Compilation of the Questions and Suggested Answers in the Philippine Bar Examinations 2007-2013 in Criminal Law", Compiled and Arranged by Rollan, Faith Chareen and Salise, Hector Christopher (University of San Jose-Recoletos School of Law), ANSWERS TO BAR EXAMINATION QUESTIONS by the UP LAW COMPLEX (2007, 2009, 2010) & PHILIPPINE ASSOCIATION OF LAW SCHOOLS (2008) Principle of Territoriality – Criminal laws undertake to punish crimes committed within Philippine territory. or. For your information and guidance. 9160, Otherwise Known as the "Anti-Money Laundering Law of 2001" The Rules and Regulations Implementing the Anti … 4. Limitation on the power of the lawmaking body to enact penal legislation under 1987 Constitution: 1. Scope. / Associate Justice and 2020 Bar Examinations Chair 2, RPC). Under generality principle, criminal law is enforceable to person living or sojourning in the territory of the Philippines. (A) Violation of the Trademark Law committed by an alien in the Philippines. Parracide is a criminal act of killing his father, mother, or child, whether legitimate or illegitimate, or any of his ascendants, or descendants, or his spouse,hall be punished by the penalty… Continue Reading Philippine Criminal Law: What is parricide? 6. Territoriality 3. Should forge or counterfeit any coin or currency of the Philippines or obligation and securities issued by the government of the Philippines. Mitigating and aggravating circumstances are taken into account in imposing the penalty 5. Criminal laws are prospective in application unless favorable to the accused. Generality 2. 2) 3.Prospectivity – that the law does not have any retroactive effect, except if it favors the offender unless he is a habitual delinquent (Art. Decree) . Territoriality in criminal law means that our penal laws undertake to punish crimes committed only within the Philippine territory. Prospectivity. In sum: Philippine law is applicable to all crimes committed or perpetrated within the limits of Philippine territory. 1 Territoriality is a concept not explicitly set forth by, but rather underlying constitutional law. 15. 4. G.R. Hubert took graduate studies in New York and met his former girlfriend Eula. The Criminal State and the Illegal Alien in Post-1986 Philippines (pp. Aggravating Circumstances; Dwelling; Nocturnity; U... Justifying Circumstances; Battered Woman Syndrome ... Exempting Circumstances; Insanity (Criminal Law). This Code shall apply to: Territoriality 1. Rules on Philippine Vessel or Airship 2. Pro reo principle HILARIO B. ALILING, Petitioner,-versus- PEOPLE OF THE PHILIPPINES, Respondent. Free legal advice visit BATASnatin YouTube for more details! Prospectivity. Generality 2. The centrality of territoriality in the law of jurisdiction need however not be a logical necessity. •An example of treaty stipulation as an exemption to the general application of our criminal law is Visiting Force Agreement (VFA) between the Philippines and the USA. Last 17 May 2018, the Philippines deposited with the United Nations its written notification of withdrawal from the Rome Statue on the International Criminal Court (Rome Statute). 9194 An Act Amending Republic Act No. GENERALITY - Generality principle is akin to territoriality principle in the sense that the demarcating factor of both principles is the territory of the Philippines. CRIMINAL LAW ARRANGED BY TOPIC (1994 – 2006) Edited and Arranged by: Janette Laggui-Icao and Ael x A n d r e w P cI . Generality General Rule: Criminal laws apply to everyone in the territory (citizens and aliens) Exceptions: In these instances, all the Philippines can do is expel them a. It takes a central place in shaping basic assumptions as to constitutional orders. Describes the law in 41 practice areas relevant to doing business in the Philippines - including employment law, tax, cartels, arbitration, finance and dispute resolution. Exceptions: The provisions of the Revised Penal Code shall be applicable in the following cases even if the felony is committed outside of the Philippines: Section 2. President Rodrigo Duterte cited the principle of territoriality when asked if the International Criminal Court (ICC) has the jurisdiction to look into his alleged involvement in … a o (Silliman University College of Law) From the ANSWERS TO BAR EXAMINATION QUESTIONS IN CRIMINAL LAW by the UP LAW COMPLEX and PHILIPPINE ASSOCIATION OF LAW SCHOOLS July 3, 2007 Find an answer to your question Give me a case scenario about Territoriality criminal law nnevhoj nnevhoj 1 hour ago English Secondary School Give me a case scenario about Territoriality criminal law 2 See answers nnevhoj is waiting for your help. The territoriality of criminal law, therefore, is not an absolute principle of international law and by no means coincides with territorial sovereignty". Crimes committed outside the Philippines against any Philippine citizen, or entity registered in the Philippines, if committed against national security or interest or punishable by level 4 or higher crime, unless punishable in the place where the crime is committed; PHILIPPINE CRIMINAL LAW . The law of the foreign country where a foreign vessel is within its jurisdiction is strictly applied, except if the crime affects only the internal management of the vessel in which case it is subject to the penal law of the country where it is registered. Territoriality General Rule: Criminal laws apply only in Philippine territory. This Code shall apply to: Territoriality 1. Should commit an offense while on a Philippine ship or airship; 2. Territoriality – that the law is applicable to all crimes committed within the limits of Philippine territory, which includes its atmosphere interior water and maritime zone. Section 1. 9165 Comprehensive Dangerous Drugs Act of 2002: Republic Act No. Marriage extinguishes criminal liability of rape. 2. The Revised Penal Code 1. However, it is subject to certain exceptions brought about by international agreement. Exception: Article 2, Revised Penal Code. If you are a law student or wanting to be taking up law school soon, this college of law curriculum will guide your studies and law journey. Crime - Crime - General principles of criminal law: Determining what conduct constitutes a crime usually requires an examination of the terms of the relevant provisions of the criminal code or statutory provisions (a few offenses in English law have not been defined in statute). The International Criminal Court premises in The Hague, Netherlands. Territoriality 3. Republic Act 8353 (The Anti-Rape Law of 1997), which was a huge leap forward in the country’s drive against rapists, unfortunately, had a tiny setback, specifically Article 266 Section C which states: “The subsequent valid marriage between the offended party shall extinguish the criminal action or the penalty imposed. (Art. Characteristics of Criminal Law 1. Protection of the Environment and Natural Resources. Exceptions: The following are not subject to the operation of the Philippine criminal laws based to the well – established principles of international law: a) Sovereigns and other chiefs of state. Create a free account to download. Can a libel “victim” file a criminal complaint here in the Philippines? No crime without law. 3) Explain how self-defence can be used as a general defence in criminal law. CRIMINAL LAW – branch of law which defines crimes, treats of their nature and provides for their punishment ... Can you give an example of a treaty that is an exception to the generality & territoriality principles of criminal law?VFA. Bar Exam Results and News; Bar Exam Coverage ; Bar Questions; Forms; Free Legal Advice; Jurisprudence; Legal E-Consultation ☰ BATASnatin LIVE! Extra-territorial Application of Criminal Laws. 2015 BAR REVIEWER ON CRIMINAL LAW UNIVERSITY OF THE PHILIPPINES LAW CENTER JUDGE MARLO B. CAMPANILLA mandates that these service-connected crimes shall be tried by the court-martial (Navales v. Abaya, G.R. The Register of Deeds, C... CASE DIGEST: ABC Davao Auto Supply Inc vs Court of... Republic Act No. No. Title One FELONIES AND CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABILITY Chapter One … Section 1. File photo by Human Rights Watch. Hubert and Eunice were married in the Philippines. Sources of Philippine Criminal Laws. a. What is territoriality as characteristic of criminal law? Self-repealing-deemed repealed upon the expiration of the date specified by the law -the law dies a natural death-example: RA 1700 (Anti-Subversion Law) and Rent Control Law Q: What is the general characteristic of criminal law?Criminal Law is binding on all persons who live or sojourn in the Philippine territory, regardless of race, nationality, political affiliation. SUGGESTED ANSWER: (a) No, because the Philippine Courts have no jurisdiction over a crime committed outside of the Philippine territory. 2. They renewed their friendship and finally decided to get married. GENERALITY Generality of criminal law means that the criminal law of the country governs all persons within the country regardless of their race, belief, sex, or creed. Jermaine Renze. The sources of criminal law in the Philippines are: 1) The Revised Penal Code (RA 3815) and its amendments; 2) Republic Acts; 3) Presidential Decrees, and 4) other Special Penal laws passed by the Philippine Commission, Philippine Assembly, Philippine Legislature, National Assembly, the Congress of the Philippines, and the Batasang Pambansa. Filing a criminal case for bigamy against the erring husband will fail. Mala in se vs. mala prohibita 2. 1. REVISED PENAL CODE -BOOK I A. Felony - if punishable by the Revised penal code. Hence, iniquities occurring outside the territory of the Philippines are not within the jurisdiction of Philippine authorities to prosecute. There is no crime unless the act is defined and penalized by this Code or other laws at the time of commission. Degree of accomplishment are considered, i.e., frustrated, etc. Where is the situs of the crime? Territoriality General Rule: Criminal laws apply only in Philippine territory. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities issued by the Government of the Philippine Islands; A crime committed on board a Norwegian merchant vessel sailing to the Philippines is within the jurisdiction of the courts of the Philippines if the illegal conditions existed during the time the ship was within the territorial waters – regardless of the fact that the same conditions existed when the ship settled from the foreign port and while it was on the highseas, The Constitution provides that: This is the extent of the Philippine territory as far as the Revised Penal Code is concerned. In criminal cases, the jurisdiction of the court is determined by the averments of the complaint or Information, in relation to the law prevailing at the time of the filing of the complaint or Information, and the penalty provided by law for the crime charged at the time of its commission. This Code shall apply to: Territoriality 1. ANSWERS TO BAR EXAMINATION QUESTIONS IN CRIMINAL LAW ARRANGED BY TOPIC From the ANSWERS TO BAR EXAMINATION QUESTIONS IN CRIMINAL LAW by the UP LAW COMPLEX. With increased globalization and the expansion of the Internet, questions have arisen regarding the application of the territoriality principle. of Philippines, the Bank of Ecuador and the Ukrainian Bank, with a loss of hundreds of million ... Kerr 2015. Download with Google Download with Facebook. (C) Crime committed by a Filipino in the disputed Spratly's Island. Classical Theory 2. Prospectivity. VI. Sovereign and other chiefs of state •2. MAIN INDEX. There is no crime unless the act is defined and penalized by this Code or other laws at the time of commission. Scope. Characteristics of Criminal Law 1. Definition of Terms. Prospectivity. Its applicability was also in question in the case against Augusto Pinochet. Two Aspects of the Territorial Principle. - A penalty lower by one or two degrees than that prescribed by law shall be imposed if the deed is not wholly excusable by reason of the lack of some of the conditions required to justify the same or to exempt from criminal liability in the several cases mentioned in Article 11 and 12, provided that the majority of such conditions be present. This paper. A collection of Philippine laws, statutes and codes not included or cited in the main indices of the Chan Robles Virtual Law Library This page features the full text of THE PHILIPPINE AUTONOMY ACT (JONES LAW) AN ACT TO DECLARE THE PURPOSE OF THE PEOPLE OF THE UNITED STATES AS TO THE FUTURE POLITICAL STATUS OF THE PEOPLE OF THE PHILIPPINE ISLANDS, AND TO PROVIDE A MORE … Good faith or lack of criminal intent is a valid defense 3. No. Generality 2. BATASnatin LIVE! Characteristics of Criminal Law 1. Principle of Generality – Criminal law is binding on all persons who live or sojourn in the Philippine territory. c. Constitutional limitations on the power of Congress to enact penal laws in the Bill of Rights (1) equal protection (2) due process The former is subjected to territorial laws. TERRITORIALITY (Criminal Law) | PHJURIS: Laws and ... "A Compilation of the Questions and Suggested Answers in the Philippine Bar Examinations 2007-2013 in Criminal Law", Compiled and Arranged by Rollan, Faith Chareen and Salise, Hector Christopher (University of San Jose-Recoletos School of Law), ANSWERS TO BAR EXAMINATION QUESTIONS by the UP LAW COMPLEX (2007, 2009, 2010) & PHILIPPINE … Add your answer and earn points. 7 Balkin et al. The territorial principle has two aspects • Subjective aspect • Objective aspect Under the subjective aspect of territorial jurisdiction a sovereign is recognized as having the power to adopt criminal laws that apply to crimes that … Principles of Philippine Criminal Law and the Exemptions in its Application. Territoriality 3. CRIMINAL LAW I. Generality Generality of criminal law means that the criminal law of the country governs all persons within the country regardless of their race, belief, sex, or creed. 6 Some provisions of the Budapest Convention on Cybercrime are focused on the cooperation between the Parties (see Articles 23 and 25). Applicability and effectivity of the RPC a. Generality b. Territoriality c. Prospectivity 3. Pro reo principle HILARIO B. ALILING, Petitioner,-versus- PEOPLE OF THE PHILIPPINES, Respondent. Exception: Article 2, Revised Penal Code. 162318, October 25, 2004).CA 408 is a law of preferential application since it excludes members of the AFP from the operation of the Revised Penal Code and special criminal laws … There is no crime unless the act is defined and penalized by this Code or other laws at the time of commission. Criminal Law – branch or division of law which defines crimes, treats of their nature, and provides for their punishment. Should commit an offense while on a Philippine ship or airship. Section 2. Recovery of Real or Personal Property, Damages, etc... Non-payment / Underpayment of Salaries and Benefits. Territorial jurisdiction means that a criminal action should be filed in the place where the crime was committed, except in those cases provided for in Article 2 of the Revised Penal Code, Mobile Globe: +63 (915) 954-6080Mobile Smart: +63 (949) 589-8377 Landline: (632) 359-4203, 2nd Floor LC Building, 31 Gen. Luna St., Tuktukan 1632 Taguig City, Philippines, © 2021 BATASnatin - Filipino's Comprehensive Online Law Resource and Community. (53) Which of the following crimes is an exception to the Territoriality Rule in Criminal law? 198853914 Obligations and Contracts Hector de Leon Reviewer Notes for oblicon Civil LAW Review BOOK Summary - ATTY Rabuya - Edward Arriba LAW OF Sales BY Hector DE LEON Defective Contracts 1 Mandanas vs. Ochoa Paras Civil Code Volume IV Obligations Contracts Civil Code Volume 1 Paras Unclos Civil Law - Persons and Family Relations - Albano Exceptions to Territoriality a) Article 2 of the Revised Penal Code 1. Although processes of deterritorialization contest its continuous adequacy, the relevance of territoriality can be seen as rather evolving than diminishing. Apart from the crimes penalized in the Revised Penal Code, several other pieces of criminal legislation have been passed, penalizing acts such as illegal possession and trafficking of dangerous drugs, money laundering, and illegal possession of firearms. 128-151) Caroline S. Hau Distinction should be made between a merchant shipand a warship. Text of Laws and Statutes; Philippine Jurisprudence. Download Full PDF Package. c. Should be liable for acts connected with the introduction into the … However, it is subject to certain exceptions brought about by international agreement. Accused is a person formally charged in court for having violated a penal law, either the RPC or a special law.. Generality General Rule: Criminal laws apply to everyone in the territory (citizens and aliens) Exceptions: In these instances, all the Philippines can do is expel them a. 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