Characteristics of Criminal Law
court-martial.
1. General
2. Territorial
3. Prospective
Generality – Criminal law is binding on all
persons who live or sojourn in Philippine
territory.
- No foreigner enjoys in this country
extra-territorial right to be exempted
from its laws and jurisdiction, with the
exception of heads of states and
diplomatic representatives who, by
virtue of customary law of nations, are
not subject to the Philippine territorial
jurisdiction.
Jurisdiction of the civil courts is not
affected by the military character of the
accused.
- General Rule. However, it can be
controlled by an expressed legislation to
the contrary.
Civil courts have concurrent jurisdiction
with general courts-martial over soldiers of
the Armed Forces of the Philippines.
- Civil courts have jurisdiction on
persons subject to military law.
- Even in times of war, provided that in
the place of the commission of the
crime, no hostilities are in progress and
civil courts are functioning.
When the military court takes cognizance
of the case
- The Articles of War apply, not the
Revised Penal Code.
Jurisdiction of military courts
- Shall have jurisdiction on Members of
AFP, members of the Citizen Armed
Forces Geographic Units, and other
persons subject to military law, who
commit crimes or offenses punishable
by RPC or SPL, shall be tried by the
proper civil court, except when the
offense is service connected, in which
case the offense will be tried by the
- However, the President of the
Philippines, may, in the interest of
justice, order or direct at any time
before arraignment that any such
crimes or offenses be tried by the
proper civil courts.
- Examples of these service-connected
violations are Disrespect toward the
President, disrespect toward superior
officer, mutiny or sedition, conduct
unbecoming an officer and a
gentleman, and general article of the
Articles of War.
Prosecution of an accused before a court
martial is a bar to another prosecution of
the accused for the same offense.
- Since the case before the court-martial
is criminal, not administrative, it would
be, a bar to another prosecution for the
same offense, because the latter would
place the accused in double jeopardy.
Offenders accused of war crimes are triable
by military commission.
Exceptions to the general application of
Criminal law.
- Article 2 of the Revised Penal Code –
“Except as provided in the treaties and
laws of preferential application.”
Treaties or treaty stipulation
- Exception to the general application of
our criminal law.
- Example is Bases Agreement entered
into by PH and US, the latter being
consented to have jurisdiction over:
a. Any offense committed by any person
within any base, except where the offender
and the offended party are both Philippine
citizens (not members of the armed forces of
the US on active duty) or the offense is against
the security of the Philippines;
b. Any offense committed outside the bases by
any member of the armed forces of the US in
which the offended party is also a member of
the AF of US; and
c. Any offense committed outside the bases by Not applicable when the foreign country
any member of the AF of US against the adversely affected does not provide similar
security of US. protection to our diplomatic representatives.
RP-US Visiting Forces Accord Persons Exempt from Operation of our
Criminal Laws:
The PH agreed that:
1. Sovereigns and other chiefs of state.
a. The US military authorities shall have the
right to exercise within the PH all criminal and 2. Ambassadors, ministers plenipotentiary,
disciplinary jurisdiction conferred on them by ministers resident, and charges d’affaires.
the military law of the US over US personnel
- It is well established that they possess
in RP.
immunity from the criminal jurisdiction of the
b. US authorize exercise exclusive jurisdiction country.
over US personnel with respect to offenses,
Consul is not entitled
including those relating to the security of US
punishable under US laws, but not under the - But is subject to the laws and
laws of RP. regulations of the country to which he
is accredited.
c. US military authorities shall have the
- Together with the consuls are the vice-
primary right to exercise jurisdiction over US
consuls and other commercial
personnel subject to the military law of the US
representatives of foreign nations.
in relation to: 1. Offenses solely against the
property or security of the US or offenses
solely against the property or person of US
personnel; and 2. Offenses arising out of any
act or omission done in performance of official
duty.
Laws of preferential application
Example: Rep. Act No. 75 – diplomatic
representatives and their domestic servants.
- Penalizing acts which would impair the
proper observance by the Republic and
inhabitants of the Philippines of the
immunities, rights, and privileges of
duly accredited foreign diplomatic
representatives in the Philippines.
- General rule: ambassador, public
minister, domestic servant of any such
ambassador or minister, cannot be
prosecuted in courts.
- Exception: the same shall not apply to
any case where the person against
whom the process is issued is a citizen
or inhabitant of the RP. Also, to the
domestic servant of an ambassador,
unless the name of the servant is
registered under DFA transmitted by
Foreign Affairs Secretary to the Chief of
the Police of the City of Manila.