Philippine Criminal Law: Jurisdiction and Extradition

Philippine penal laws generally apply to offenses committed within Philippine territory, subject to statutory exceptions.

When the offense falls within the statutory extraterritorial application of the Revised Penal Code.

A state generally exercises jurisdiction over vessels registered under its flag, subject to international law and applicable exceptions.

A state may assert jurisdiction over specified foreign conduct threatening its security or essential governmental interests when authorized by law.

A state may prescribe criminal jurisdiction over certain conduct of its nationals abroad when authorized by law.

Certain offenses of international concern may be subject to jurisdiction regardless of where they occur, when recognized by applicable law.

The formal process by which one state surrenders a person to another state for prosecution or punishment under applicable treaties and law.

Extradition concerns surrender for criminal proceedings or punishment; deportation concerns removal under immigration law.

The requesting state generally may prosecute or punish the extradited person only for offenses permitted by the applicable extradition arrangement, subject to exceptions.

The conduct underlying the extradition request must generally constitute an offense under the laws of both states, subject to the governing treaty.

It is the Philippine Extradition Law establishing procedures for extradition under applicable treaties.

No. It determines whether the legal requirements for surrender are satisfied.

Extinction of criminal liability through the lapse of the legally prescribed period for prosecuting an offense.

Twenty years, subject to applicable law.

Fifteen years.

Ten years, except arresto mayor, which prescribes in five years.

Two months, subject to applicable law.

It generally begins when the crime is discovered by the offended party, authorities, or their agents, subject to the article's rules.

The institution of the complaint or information under the applicable rules and jurisprudence.

The timing and completion of the offense may affect when the prescriptive period begins.

Prescription of a crime concerns prosecution; prescription of a penalty concerns enforcement of a final sentence.

Twenty years.

Fifteen years.

Ten years, except arresto mayor, which prescribes in five years.

One year.

To establish a juvenile justice and welfare system emphasizing children's rights, diversion, rehabilitation, and restorative justice.

A child fifteen years old or younger at the time of the offense is exempt from criminal liability, without prejudice to appropriate intervention measures.

When the child acted with discernment, subject to the Juvenile Justice and Welfare Act.

The child's capacity at the time of the act to understand its wrongfulness and consequences, assessed from the circumstances.

The prosecution must establish the child's discernment through sufficient evidence.

A child-appropriate process for resolving qualifying cases without formal judicial proceedings, subject to statutory conditions.

An approach emphasizing accountability, repair of harm, rehabilitation, and reintegration rather than punishment alone.

A program or set of measures addressing the child's needs and conduct through appropriate social, educational, psychological, or community services.

It determines which age-based rules on criminal responsibility, discernment, and juvenile protections apply.

To permit rehabilitation and appropriate juvenile dispositions under the conditions prescribed by RA 9344.

No. Civil liability may remain under applicable law.

To protect rights to life, liberty, and security in cases involving unlawful acts or omissions such as extralegal killings and enforced disappearances.

To protect privacy in relation to life, liberty, or security against unlawful collection, storage, or use of personal information under the rule's conditions.

Habeas corpus principally tests the legality of restraint; amparo provides protection against specified threats or violations of life, liberty, and security.

A superior's knowledge, authority, and response may be relevant to determining responsibility and appropriate protective relief under applicable doctrine.

Proof beyond reasonable doubt is the criminal conviction standard; preponderance asks whether evidence is more convincing on balance, generally in civil cases.

Relevant evidence that a reasonable mind might accept as adequate to support a conclusion, commonly used in administrative proceedings.

The accused must be acquitted because the prosecution has not satisfied its burden of proof.

The child is exempt from criminal liability under RA 9344 but may be subject to appropriate intervention and applicable civil liability.

The child is exempt from criminal liability under the juvenile justice framework, subject to appropriate intervention and other lawful consequences.

The applicable prescription period and the commencement and interruption rules under Articles 90–91 or a governing special law.

Dual criminality under the applicable extradition treaty and law.

Enforced disappearance under RA 10353 and appropriate judicial remedies, including amparo and habeas corpus where applicable.

The governing special-law prescription provision and applicable interpretive rules, rather than automatically using Revised Penal Code periods.

Acquittal, because criminal guilt must be proved beyond reasonable doubt.