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The Philippines adheres to the doctrine known in criminal law as the theory of territoriality, i.e., any offense committed within our territory offends the State. Therefore any person, whether citizen or alien, can be punished for committing a crime here.
In addition, considering that respondent is currently living in the Philippines, we find strength in petitioner’s claim that the Territoriality Principle in criminal law, in relation to Article 14 of the New Civil Code, applies to the instant case, which provides that: "[p]enal laws and those of public security and safety shall be obligatory ...
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- What Does The Principle of Territoriality Mean?
- What Is Territoriality in Study of Crime?
- What Is Territorial Jurisdiction in Criminal Law?
- What Is The Objective Territorial Principle?
- Subjective Territorial Principle
- Final Thoughts
The transgression against the State’s Penal Laws committed within its territory shall be prosecuted solely by the said State whose jurisdiction over such criminal acts arises from the statute punishing such offense. Ergo, criminal acts against the country perpetrated within its territory are alone cognizable by the state’s jurisdiction over the afo...
The Philippine State has adopted the territoriality principle and incorporated it in the application of penal laws and prosecutions of individuals who committed criminal transgressions within the contemplation of its territory, whether legal or actual. This has been given an extensive application for crimes committed within or outside of its territ...
As can be deduced from the above, and in fact it is a criminal law principle, venue in criminal prosecutionis jurisdictional, subject to the application of extra-territoriality principle as far as allowable. Thus, territorial jurisdiction over a certain offense should be determined by establishing first where it has been actually committed.
Under the objective aspect of territorial jurisdiction, even if the perpetrator of an act or offense performs or committed the same outside of State’s borders, the latter still has the power to adopt a criminal law that applies to crimes or offense that take effect within its territorial borders. The objective aspect of the territorial principle be...
Subjective territoriality relies upon three main principles. It specifies, and instructs us, that the most useful pieces of evidence to solve a crime can be found on the place where the offense or a crime took place or situated. Subjective territoriality ensures that due process is observed. It should comply with the legal principles as regards who...
Both the State’s citizens and the foreigner residing, transient, or sojourning therein, as a general rule, are mandated to adhere and follow the laws of the aforesaid State. In the same vein, aliens, being bound by the Philippine penal laws, are also protected by the same Statute, while they are within the Philippine territory. Municipal laws are b...
Exceptions to Territoriality a) Article 2 of the Revised Penal Code 1. Rules on Philippine Vessel or Airship 2. Foreign Vessel (a) French Rule (b) English Rule Exception to Exception (a) When the New Law is Expressly made in applicable (b) Offender is habitual Criminal The Three (3) Theories of Criminal Law 1. Classical Theory 2. Positivist ...
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AILEEN S. P. BAVIERA. Introduction. This study, largely completed in 2008, examines the implications of redefining the Philippines’ baselines, maritime boundaries, and jurisdictional areas on the country’s security interests and on its diplomacy and foreign relations. Its primary goal, in tandem with its partner studies on living and non ...
The territoriality principle is the most basic principle of jurisdiction in international law. Under the territoriality principle, jurisdiction obtains over acts that have been committed within the territory.
Territoriality Principle; Article 14 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.
