special penal laws and the rulings laid down by the Supreme

Court.

The Committee did not undertake the codification of all penal

laws in the What the Committee did was merely to revise

the old Penal Code and to include in the draft the other penal laws

related to it.

The Revised Penal Code does not embody the latest progress of

criminal science, as the results of the application of advanced and

radical theories "still remain to be

The old Penal Code, which was revised by the Committee, took

effect in the Philippines on July 14, 1887, and was in force up to

December 31, 1931.

In the case of U.S. vs. 31 Phil. 321, 323, the

Supreme Court traced the history of the old Penal Code, as follows:

"The royal order dated Decembe r 17, 1886, directed the

execution of the royal decree of September 4, 1884, wherein it

w a s ordered that the Penal Code in force in the Peninsula, as

amended in accordance wit h the recommendations of the code

committee, be published and applied in the Philippine Islands

(This law) having been published in the Official Gazette

of Manila on March 13 and 14, 1887, became effective four

months thereafter."

The Revised Penal Code, as enacted by the Philippine Legislature,

was approved on December 8, 1930. It took effect on January

1, 1932. Felonies and misdemeanors, committed prior to January 1,

1932, were punished in accordance with theThe crimes committed outside of the Philippines but
punishable

therein under Article 2 of the Revised Penal Code shall be cognizable

by the Regional Trial Court in whic h the charge is first filed. (Rule
110, Sec. 15[d], Revised Rules of Criminal Procedure)

Regional Trial Courts (formerly h a v e original jurisdiction

over all crimes and offenses commite d on the high s e as or

beyond the jurisdiction of any country on board a ship or warcraft

of any kind registere d or license d in the Philippines in accordance

w i th its law s . (Sec. 44[g], Judiciary Act of 1948, Rep. Act

No. 296)

IMPORTANT WORDS A ND PHRASES IN ART. 2

1. "Except as provided in the treaties and laws of preferential

application."

This phrase means that while the general rule is that

the provisions of the Revised Penal Code shall be enforced

against any person who violates any of its provisions while

living or sojourning in the Philippines, the exceptions

to that rule may be provided by the treaties and laws of

preferential applications, like the RP-US Visiting Forces

Accord, the Military Bases Agreement between the Republic

27

Art. 2 APPLICATION OF ITS PROVISIONS

of the Philippines and the United States of America, and

the provisions of Rep. Act No. 75.

2. "its atmosphere."

The sovereignty of the and