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Conflict of Laws and the Principle of Generality

 

Persons 8: Conflict of Laws and the Principle of Generality (lexinmotion)

Part of the law that comes into play when the issue before the court affects some fact, event or transaction that is so clearly connected with the foreign system of the law as to the necessitate recourse to that system

For this course to apply, there must always be a foreign element (a fact, event or transaction that takes place outside of Philippine territory).

Conflict of laws provision of the Civil Code

Art. 14 of the Civil Code provides that, “Penal laws and those of public security and safety shall be obligatory upon all who live or sojourn in Philippine territory subject to the principles of public international law and to treaty stipulations.”

Principle of territoriality means that our laws, penal laws, laws that affect public safety and security shall be obligatory upon all who live in or sojourn in the Philippine territory.

Laws of public safety apply to anyone and everyone within Philippine territory. Why it is called the Principle of generality is because it came from an international law principle.

 

Tip from a prof: “Kung may image, mas madali mong maaalala.”

 

Contains exceptions to the principle of generality. The general rule is that the principle of generality

  1. Principles of public international law

Equality among nations. On the international level, all states, no matter how small or large, no matter the economic performance or sheer number of people living in their territory, are equal.

Other countries are not subject to Philippine law. Presidents, ambassadors or public ministers and their official retinue (entourage) are immune from criminal prosecution. They cannot be sued or arrested or punished by the law of our country. They are, strictly speaking, acting as direct representatives or outer egos of the head of the state. Thus, the immunity conferred upon will also apply equally to ambassadors or public ministers and their official retinue.

Consuls have no diplomatic immunity.

The ambassador who commits a crime in the country is expelled from the Philippines and declared a persona non grata. That being said, he cannot return to the Philippines. There would be no way for our courts to acquire jurisdiction over whatever crime he had committed in our country. He may, however, be criminally liable within his own state.

  1. Treaties stipulations

May be altered. US-PH agreement

The Visiting Forces Agreement (VFA) provides that, “US servicemen accused of crimes under the Philippine law are to be detained in compounds where there are both US and Filipino marshals who can secure the accused.”

(agreement between a country and a foreign nation having military forces visiting in that country)

  1. Laws of preferential application

While the Principles of Generality apply to all who live and sojourn in the Philippines, it is possible that some of them will not apply or will apply differently. Under our tax laws, certain provisions which should apply to Filipinos working for a particular resident, foreign corporation are applied differently. Some of them affect entire corporations.

 

Principle of territoriality

There are certain instances when a crime is committed outside of the territory of the Philippines but may nevertheless be punished by our Courts.

Art. II, Revised Penal Code

Application of its provisions - 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.

Paragraph 1 provides that there is criminal liability for offenses committed while onboard a Philippine ship or airship

Planes and ships carrying the Philippine flag, by legal fiction, are parts of Philippine territory.

Paragraph 2: Forgery or counterfeiting any coin or currency note of the Philippines; even if committed, for example, in Vietnam, is nevertheless a crime that is committed against the Philippines.

Another classic exception sa principle of territoriality: Human Security Act of 2007

HB no. 6875 - An Act to Prevent, Prohibit, and Penalize Terrorism

Thereby repealing RA 9372

Question: Is the HB an amendment or repeal? Repeal, and because it specifically mentions RA 9372, it is an express repeal.

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