TERRITORIALITY PRINCIPLE | CRIMINAL LAW | 7-minute Explanation | Lecture Series!!!

NATIONAL TERRITORY
The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines.
The principle of territoriality provides that penal laws shall be enforceable within the Philippine territory. It is actually derived from Article 2 of the Revised Penal Code. You have to remember that the territory of the Philippines is defined under Article 1 of the 1987 Constitution. And I will write the provision of the National Territory in the description box below for your perusal.
Now, let me share to you kung ano ba ang pagkakaiba ng generality principle sa territoriality principle.
Always remember this, ang generality principle ay nakatutok sa offenders, whether Filipinos or foreigners, who performed acts which are punishable by our criminal laws. On the other hand, ang territoriality principle naman ay nakafocus sa lugar or the place of the commission or the performance of a criminal or a felonious act. In short, generality answers the question who committed a felony. While territoriality answers the questions, where was a felony committed?
It is to note na ‘yong mga nabanggit ko sa last lecture video na specific persons who are immune from criminal prosecution, ang immunity applies to them even though they have performed criminal acts within the Philippine territory.
Now, for purposes of venue under the Rules on Criminal Procedure and territoriality principle, the place of the commission of the act and the place where the effect of such act occurred shall be considered. In other words, ang venue ng criminal action ay nakadepende sa lugar kung saan nagawa ang isang krimen or kung saan ang effect ng isang crime ay nagtake place. We will go deeper into this as we move on sa ating lecture series.
We have to note that in studying the territoriality principle, we also have to study the extraterritoriality principle. Ito ‘yong naglay down ng exceptions sa territorial application ng ating criminal laws.
Under the extraterritoriality principle, the Revised Penal Code shall be enforceable outside the Philippine territory as provided by Article 2, paragraphs 1 to 5 of the RPC.
Now, we study these exceptions one by one.
First, under paragraph 1, when a crime is committed in a Philippine ship or airship, kahit pa ito ay wala sa Philippine territory, our penal laws still shall apply. This is what we call the Flag State Rule. For example, nahigh jack ang Philippine Airline sa America. Dahil ang PAL ay nakaregister sa Philippines, our court has jurisdiction over the crime of high jacking kahit sa ibang bansa pa ito nacommit. We shall actually have another lecture video for Flag State Rule.
Second, under the protective principle which can be found under paragraphs 2 and 3, our criminal law shall operate to persons who shall forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities issued by the Government of the Philippine Islands or those who introduce or import the forged currency note, or securities and obligations. Kaya kahit nasa ibang bansa pa ang gumawa ng forgery or counterfeiting ng any coin or currency note, say for example sa Russia o sa China or sa America, sila ay subject to prosecution under our penal laws.
Third exception is found in paragraph 4 and it talks about the functions-related crimes. Take note of this, this provision apply only to public officers or employees. These are committed by public officers and employees who are stationed in a foreign country and performing foreign services. Hence when a consul, for example, commits falsification of public document in relation to his function or when he performed acts in violation of the anti-graft and corrupt practices act, then he shall be subject to our penal laws kahit nasa ibang bansa pa siya.
Fourth exception is the found in paragraph 5 and it talks about crimes against national security and the law of nations. Specifically, ang mga crimes na ito are found in Title 1, Book 2 of the RPC. Hence, those who shall commit the said acts are subject to our penal laws. Halimbawa ay treason or espionage.
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Sir example po may na commit na crime sa high seas tapos.ung vessel ay hindi registered sa pililinas, anong bansa po may jurisdiction nyan? Ty. Sa sagot