2018-Bar-Campanilla-Crim-Law-Reviewer.pdf - 2018 BAR REVIEWER BY JUDGE MARLO B CAMPANILLA Warning This is the intellectual property of Judge Campanilla

2018-Bar-Campanilla-Crim-Law-Reviewer.pdf - 2018 BAR...

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1 2018 BAR REVIEWER BY JUDGE MARLO B. CAMPANILLA Warning: This is the intellectual property of Judge Campanilla. Copying any parts of this work in writing materials or book for publication without proper attribution is prohibited by law 1. Territoriality The ground occupied by US embassy is in fact the territory of the USA to which the premises belong through possession or ownership. A person who committed a crime within the premises of an embassy will be prosecuted under the law of Philippines because of the principle of territoriality (Reagan vs. Commission on Internal Revenue, 30 SCRA 968). a. Effects - For purpose of venue and territoriality principle in Article 2 of the Revised Penal Code, the place of commission of the criminal act and the place of occurrence of the effect of such act which is an element of the offense shall be considered. If one pulled the trigger of his gun in Quezon City and hit the victim in manila who died as a consequence, Quezon City and manila, which are the places of commission of the criminal act and the occurrence of the criminal effect, are proper venues. If the psychological violence consisting of marital infidelity punishable under RA No. 9262 is committed in a foreign land but the psychological effect occurred in the Philippines since the wife and the children of the respondent, who suffered mental anguish, are residing in the Philippines, our court can assume jurisdiction (see: AAA vs. BBB, G.R. no. 212448, January 11, 2018). However, if the commission of the criminal act consummates the crime and the effect thereof is not an element of the crime, the place of occurrence of the effect shall not be considered for purpose of venue and territoriality rule. Bigamy committed in a foreign land is beyond the jurisdiction of our court although the offended spouse is residing in the Philippines since the psychological effect of bigamy to him/her is not an element thereof. b. Convention of the law of the sea - Under the Convention on the Law of the Sea, the flag state of foreign merchant vessel passing through the territorial sea of another state has jurisdiction over crimes committed therein. However, a coastal state such as the Philippines can exercise jurisdiction over any crime committed on board such ship in the following cases: (1) if its consequences extend to the coastal State; (2) if it disturbs the peace of the country or the good order of the territorial sea; (3) if the ship master or a diplomatic or consular officer of the flag State requested assistance from the local authorities; or (4) if it is for the suppression of traffic in narcotic drugs or psychotropic substances. Murder or serious physical injuries committed in a foreign vessel anchored in a Philippine port against a passenger thereof is within the jurisdiction of the Philippine court since this crime disturb the peace of the country.
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