2019 Criminal Law, Q11

Ms. M, a Malaysian visiting the Philippines, was about to depart for Hong Kong via an Indonesian-registered commercial vessel. While on board the vessel, which was still docked at the port of Manila, she saw her mortal enemy, Ms. A, an Australian citizen. Ms. A was seated at the front portion of the cabin and was busy using her laptop, with no idea whatsoever that Ms. M was likewise onboard the ship.
Consumed by her anger towards Ms. A, Ms. M stealthily approached the Australian from behind, and then quickly stabbed her neck with a pocketknife, resulting in Ms. A’s immediate death. Operatives from the Philippine National Police – Maritime Command arrested Ms. M for the killing of Ms. A and thereafter, intended to charge her under the Revised Penal Code (RPC). Ms. M contended that the provisions of the RPC cannot be applied and enforced against her because both she and the victim are not Filipino nationals, and besides, the alleged crime was committed in an Indonesian-registered vessel.
(a) Is Ms. M’s contention against the application of the RPC against her tenable? Explain. (3%)
(b) Assuming that the provisions of the RPC can be applied against Ms. M, what crime under the RPC should she be charged with? Explain. (2%)

Quick check

What principle subjects foreign nationals sojourning in the Philippines to local penal laws?

Under the English Rule, when do local courts have jurisdiction over crimes on foreign merchant ships?

How does the French Rule differ from the English Rule regarding foreign merchant vessels?

What element qualifies a killing to murder under Article 248 of the Revised Penal Code?

Choices available with full access.

Why is stealthily stabbing an unsuspecting victim from behind classified as treacherous?

Choices available with full access.

Unlock the full Criminal Law answers

Learn more about these topics

1. Generality Principle
Under Article 14 of the Civil Code in relation to Article 2 of the Revised Penal Code, Philippine penal laws adhere to the principle of generality. Penal statutes bind all persons who reside or sojourn in Philippine territory, regardless of their nationality or citizenship. Unless protected by diplomatic immunity or treaty stipulations, foreign nationals who commit crimes within Philippine territory are subject to the penal jurisdiction of Philippine courts and prosecution under local penal statutes.

2. English Rule Jurisdiction
Under international law and Philippine criminal law, jurisdiction over crimes committed aboard foreign merchant vessels docked in Philippine ports is governed by the English Rule. Under this rule, crimes committed on board a foreign merchant vessel within Philippine territorial waters are triable in Philippine courts, unless the offense involves matters relating purely to the internal management or discipline of the vessel. Violent crimes that breach public peace and order within port boundaries fall squarely within local jurisdiction.

3. Qualifying Treachery
Under Article 248 of the Revised Penal Code, murder is committed when a person kills another with treachery (alevosia). Treachery exists when the offender employs means, methods, or forms in the execution of the crime that tend directly and specially to ensure its execution without risk to the offender arising from the defense that the offended party might make. Approaching an unsuspecting victim stealthily from behind and inflicting a fatal stab wound constitutes treachery that qualifies the killing to murder.

About these questions and answers
The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

They are not official answers, have no connection with the Supreme Court, the Office of the Bar Confidant, or any bar review institution, and are not endorsed by any of them. Official answer keys, where released, should be preferred over anything here.Nothing on this page is legal advice, and reading it creates no lawyer-client relationship. Do not rely on any suggested answer in an actual legal matter. Consult counsel on your own facts.Suggested answers reflect the law and jurisprudence the author considers applicable as of the date shown.

Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026