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%)
Suggested answer only. Not an official answer and not legal advice.
(a) No, Ms. M's contention is untenable; (b) assuming the RPC applies, she should be charged with Murder. Under Article 14 of the Civil Code and Article 2 of the RPC, penal laws bind all who sojourn in
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Quick check
What principle subjects foreign nationals sojourning in the Philippines to local penal laws?
The Generality Principle binds all persons who live or sojourn in the Philippines to local penal laws.
Under the English Rule, when do local courts have jurisdiction over crimes on foreign merchant ships?
Under the English Rule, crimes on foreign merchant vessels in local ports are triable by local courts.
How does the French Rule differ from the English Rule regarding foreign merchant vessels?
The French Rule reserves local jurisdiction for crimes that disturb the peace and order of the port.
What element qualifies a killing to murder under Article 248 of the Revised Penal Code?
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Why is stealthily stabbing an unsuspecting victim from behind classified as treacherous?
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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.