Physical Injury (outside philippines).
2 Re: Physical Injury (outside philippines). on Tue May 07, 2013 12:41 am
d5 wrote:Hi to all Attorneys here, I would like to ask on how I could file a case in philippines if there is a physical attack to me and it happens outside the philippines with also a filipino.
One of the charactersitics of criminal law is territoriality,meaning, generally, a person can only be punished for a crime in the Philippines if it was committed therein.
However, there are some exceptions that might apply to your case, namely:
a) The Revised Penal Code provides:
Article 2. Application of its provisions.
- 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.
b) If the crime is committed in a place where the Phillipines has jurisdiction such as an embassy.
If your case will not fall on any of the said exceptions, then, you cannot file a criminal case in the Philippines.
3 Re: Physical Injury (outside philippines). on Tue May 07, 2013 1:46 am
Well, in that case. If I get punched in face, that guy will be jailed (abroad) but will be deported also without any criminal records in philippines.
I think it's time to add some clause to the revised penal code. To protect those who suffered violence abroad on the hand of their own kababayan.
Once again thanks.
4 Re: Physical Injury (outside philippines). on Fri Jun 21, 2013 5:07 pm
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