Wednesday, September 28, 2011

Art. 14 Chapter I of the Civil Code of the Philippines

ARTICLE 14.  Penal laws and those of public security and safety shall be obligatory upon all who live or sojourn in the Philippine territory, subject to the principles of public international law and to treaty stipulations. (8a)


Explanation/Discussion
(1)   Theories of territoriality and generality
We adhere in the Philippines to that doctrine in criminal law known as the theory of territoriality that is, any offense committed within our territory offends the state. Therefore any person, whether citizen or alien, can be punished for committing a crime here. Thus the technical term generality came into being; it means that even aliens, male or female come under our territorial jurisdiction. This is because aliens owe some sort of allegiance even if it be temporary.
(2)   Exceptions
a.       First the principles of public international law
Examples are the immunities granted diplomatic officials and visiting heads of states, provided the latter do not travel incognito. If they travel incognito but with the knowledge of our government officials, heads of states are entitled to immunity. If the incognito travel is without the knowledge or permission of our country, diplomatic immunity cannot be insisted upon, and the heads of states traveling maybe arrested. However, once they reveal their identity, immunity is given. Generally, should a friendly foreign army be given permission to march through our country or be stationed here, said army is usually exempt from civil and criminal responsibility.
b. Secondly, the presence of treaty stipulations( thus we have the Philippine-united states military bases agreement, which contains some provisions  exempting  certain members of the armed forces of the united states from the jurisdiction of our courts).
(3) Constitutionality of the military bases agreement
If bases may validly be granted the United States under our constitution, it follows necessarily that the lesser attribute of jurisdiction over certain offenses may be waived or given by law or treaty. Furthermore, the grant of bases necessarily includes the waiver of jurisdiction within the terms” necessary appurtenances to such bases, and the rights incident thereto.

1 comment: