Laws of Preferential Application."
Laws of Preferential Application."
Laws of Preferential Application."
court-martial.
1. General
- However, the President of the
2. Territorial Philippines, may, in the interest of
justice, order or direct at any time
3. Prospective before arraignment that any such
Generality – Criminal law is binding on all crimes or offenses be tried by the
persons who live or sojourn in Philippine proper civil courts.
territory. - Examples of these service-connected
violations are Disrespect toward the
- No foreigner enjoys in this country President, disrespect toward superior
extra-territorial right to be exempted officer, mutiny or sedition, conduct
from its laws and jurisdiction, with the unbecoming an officer and a
exception of heads of states and gentleman, and general article of the
diplomatic representatives who, by Articles of War.
virtue of customary law of nations, are
not subject to the Philippine territorial Prosecution of an accused before a court
jurisdiction. martial is a bar to another prosecution of
the accused for the same offense.
Jurisdiction of the civil courts is not
affected by the military character of the - Since the case before the court-martial
accused. is criminal, not administrative, it would
be, a bar to another prosecution for the
- General Rule. However, it can be same offense, because the latter would
controlled by an expressed legislation to place the accused in double jeopardy.
the contrary.
Offenders accused of war crimes are triable
Civil courts have concurrent jurisdiction by military commission.
with general courts-martial over soldiers of
the Armed Forces of the Philippines. Exceptions to the general application of
Criminal law.
- Civil courts have jurisdiction on
persons subject to military law. - Article 2 of the Revised Penal Code –
- Even in times of war, provided that in “Except as provided in the treaties and
the place of the commission of the laws of preferential application.”
crime, no hostilities are in progress and Treaties or treaty stipulation
civil courts are functioning.
- Exception to the general application of
When the military court takes cognizance our criminal law.
of the case - Example is Bases Agreement entered
- The Articles of War apply, not the into by PH and US, the latter being
Revised Penal Code. consented to have jurisdiction over: