Generality – Criminal law is binding on all persons who live or sojourn in the Philippines whether citizens or not. Aliens are covered because they are also protected by the laws of the Philippines during the time that they live or stay within the country. They owe temporary allegiance to the county. 


Legal Basis:

1. Except as provided in the treaties and laws of preferential application, the provisions of this Code shall be enforced not only within the Philippine Archipelago, including its atmosphere, its interior waters and maritime zone, but also outside of its jurisdiction, against those who:

1. Should commit an offense while on a Philippine ship or airship

2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities issued by the Government of the Philippine Islands;

3. Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the presiding number;

4. While being public officers or employees, should commit an offense in the exercise of their functions; or

5. Should commit any of the crimes against national security and the law of nations, defined in Title One of Book Two of this Code. (Art 2, Revised Penal Code)

2. 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. (Art. 14, Civil Code)


Exceptions:

 1.  Treaty or Treaty Stipulations.

     Ex. Bases Agreement and RP-US Visiting Forces Agreement


 2.  Laws of Preferential Application 

■ Members of Congress are not liable for Libel or Slander in connection with any speech delivered on the floor of the house during a regular or special session (Art. IV, Sec. 11, 1987 Constitution)

■ Any ambassador or public minister of any foreign State, authorized and received as such by the President, or any domestic or domestic servant of any such ambassador or minister are exempt from arrest and imprisonment and whose properties are exempt from distraint, seizure and attachment. (R.A. No. 75)

R.A. No. 75 penalizes 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.


 3. Principles of Public International Law

■ The following are not subject to the operation of the Philippine criminal laws by virtue of the principles of international law:

1.  Sovereigns and other chiefs of state.
2.  Ambassadors
3.  Ministers plenipotentiary
4.  Ministers resident, and
5.  Charges d’affaires (Article 31, Vienna Convention on Diplomatic Relations)

■ Consuls, not being entitled to the privileges and immunities of ambassadors or ministers, are subject to the laws and regulations of the country where they reside. (Schneckenburger vs. Moran, G.R. No. L-44896, July 31, 1936) 

 ■ Consuls and consular officers are NOT exempt from local prosecution. (Article 41, Vienna Convention on Diplomatic Relations)