Q. No. 1. Criminal Law | Bar 2023 | Suggested Answer

 Q. No. 1. Criminal Law | Bar 2023 | Suggested Answer

 

Catalina, a Spanish national, and Conrado, a Filipino, set up a counterfeiting factory in Shenzhen, China. Their factory produces fake United States (US) Dollars, Japanese Yen, and Philippine Pesos, which are distributed only in Europe and the US. While vacationing in Panglao, Bohol, they were arrested by a special task force of the National Bureau of Investigation on the strength of a warrant of arrest issued by a Philippine court for Counterfeiting and Forgery. 

Both Catalina and Conrado claimed that the Philippine court does not have jurisdiction over them since they did not commit any criminal act within the territory of the Philippines. Catalina also argued that the Philippine court does not have jurisdiction over her person as she is a Spanish citizen. 

Are Catalina and Conrado correct? Discuss.

Suggested Answer (keynotes only)

“Application of its provisions. - Except as provided in the treaties and laws of preferential application, the provisions of this Code shall be enforced not only within the Philippine Archipelago, including its atmosphere, its interior waters and maritime zone (THE  PRI NCIPLE OF TERRITORIALITY IN RELATION TO THE  GENERALITY PRINCIPLE), but also outside of its jurisdiction, against those who (THE EXTRA-TERRITORIALITY PRINCIPLE):

 X x x 

2. 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; x x x[.]” (Article 2 paragraph 2 of the Revised Penal Code).

NOTE:

The Philippines adheres to the doctrine in criminal law known as the “territoriality principle,” which states that any offense committed within our territory offends the State.

It means that the transgression against the State’s Penal Laws committed within its territory shall be prosecuted solely by the said State whose jurisdiction over such criminal acts arises from the statute punishing such offense.

 As a result, any person, regardless of whether citizen or alien, can be punished for committing a crime committing in the Philippines. Accordingly, the technical term “generality principle” developed which means that any person, citizens or aliens, residents or non-residents, male or female, come under our territorial jurisdiction. This is because aliens owe some sort of allegiance even if it be temporary. (Paras, 2008).

“Territoriality” refers to “where the act (punishable by law) was committed or omitted.”

While “generality” refers to “who committed or omitted the act.” (punishable by law).

Extra-territoriality Principle

The Philippine RPC lists several instances wherein the territoriality principle may apply outside the territory of the Philippines (See Article 2 paragraphs 1-4 of the RPC).

OBJECTIVE TERRITORIAL PRINCIPLE

Even if the perpetrator of an act or offense performs or committed the same outside of the State’s border, the latter still has the power to adopt a criminal law that applies to crimes or offense that affects within its territorial borders.

Credits:

Part of Project Jurisprudence's article on Civil Law Article 14 in relation to public international law.

RALB LAW website on their discussion of “Territoriality Principle - Criminal Law”