Ando, an Indonesian national who just visited the Philippines, purchased a ticket for a passenger vessel bound for Hong Kong. While on board the vessel, he saw his mortal enemy Iason, also an Indonesian national, seated at the back portion of the cabin and who was busy reading a newspaper. Ando stealthily approached Iason and when he was near him, Ando stabbed and killed Iason. The vessel is registered in Malaysia. The killing happened just a few moments after the vessel left the port of Manila. Operatives from the PNP Maritime Command arrested Ando. Presented for the killing of Iason, Ando contended that he did not incur criminal liability because both he and the victim were Indonesians. He likewise argued that he could not be prosecuted in Manila because the vessel is a Malaysian-registered ship. Discuss the merits of Ando’s contentions. (4%)
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Both contentions of Ando lack merit; he is criminally liable and subject to prosecution in Manila. Under Article 14 of the Civil Code, penal laws bind all who sojourn in Philippine territory regardless
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Quick check
Under Article 14 of the Civil Code, to whom do Philippine penal laws apply within Philippine territory?
Article 14 establishes the Generality Principle, binding everyone within Philippine territory.
Which international maritime rule does the Philippines follow regarding crimes on foreign merchant vessels in its waters?
The Philippines follows the English Rule, subjecting crimes disturbing local peace to domestic jurisdiction.
Why does the Malaysian registry of the vessel NOT exempt Ando from prosecution in Philippine courts?
Crimes committed within Philippine waters that breach public peace fall under Philippine court jurisdiction.
Under the English Rule, when are local courts deprived of criminal jurisdiction over offenses on foreign vessels?
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What principle of criminal law under Article 2 RPC subjects offenses committed within Philippine territory to local laws?
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Learn more about these topics
1. Generality Principle
Under Article 14 of the Civil Code of the Philippines, penal laws and those of public security and safety are binding upon all who live or sojourn in Philippine territory. Subject to specific principles of public international law and treaty stipulations, Philippine criminal laws apply equally to all individuals regardless of their nationality or citizenship. Consequently, an alien who commits a crime within Philippine territory is subject to prosecution and criminal liability under the Revised Penal Code, and cannot invoke foreign citizenship to claim exemption from local criminal jurisdiction.
2. English Rule
Under international maritime law, two rules govern criminal jurisdiction over foreign merchant vessels: the French Rule and the English Rule. The Philippines adheres to the English Rule, under which crimes committed aboard a foreign merchant vessel within the territorial waters of a coastal state are triable by the local courts of that state, unless the offense affects purely the internal discipline of the ship. Because murder or homicide inherently disturbs the public peace and order of the host nation, local courts retain full criminal jurisdiction to try and punish the offender.
3. Territoriality Principle
Article 2 of the Revised Penal Code embodies the fundamental principle of territoriality, establishing that Philippine penal laws are enforceable against all offenses committed within the territorial boundaries of the Philippine archipelago, including its internal waters, territorial sea, and atmosphere. When a foreign passenger vessel is within Philippine territorial waters, such as a port or bay, it is subject to the territorial jurisdiction of the coastal state. Any felony committed aboard such a vessel while anchored or navigating within territorial waters falls within the criminal jurisdiction of Philippine trial courts.