Principle of generality of criminal law | Effect and Application of Laws | PRELIMINARY TITLE

Principle of Generality of Criminal Law

The principle of generality is a fundamental tenet in Philippine criminal law, rooted in the concept that laws apply uniformly to all individuals within the country. This principle ensures that, barring specific exemptions or exceptions, all individuals—regardless of citizenship, race, or social status—are equally subject to the Philippine penal system for crimes committed within the jurisdiction of the Philippines.

Key Aspects of the Principle of Generality

1. Scope and Application

   • The principle of generality is enshrined in Article 14 of the Civil Code and Article 2 of the Revised Penal Code of the Philippines. According to these provisions, penal laws apply to all persons who reside or are physically present in Philippine territory, without regard to nationality.
   • The general rule under this principle is that any person who commits a criminal act within Philippine territory is subject to the penal laws of the Philippines.

2. Territorial Scope

   • The application of the principle of generality in criminal law is tied closely to the principle of territoriality, which holds that Philippine criminal laws apply to all crimes committed within its territorial boundaries, including land, airspace, and maritime areas subject to Philippine jurisdiction.
   • Philippine territory includes internal waters, archipelagic waters, and the 12-nautical-mile territorial sea as recognized under international law and outlined in the United Nations Convention on the Law of the Sea (UNCLOS).

3. Exceptions to the Principle of Generality

   • While the principle of generality ensures that Philippine laws generally apply to everyone within the country, there are notable exceptions:
     • Diplomatic Immunity: Foreign diplomats and consular officials enjoy immunity under international law, specifically the Vienna Convention on Diplomatic Relations (1961). This immunity shields them from local jurisdiction, meaning they are not subject to Philippine penal laws while performing official duties.
     • International Law Principles: The principle of generality is limited by international agreements and treaties to which the Philippines is a signatory. For instance, visiting foreign military personnel may be subject to their own country’s laws rather than Philippine criminal laws, in line with Status of Forces Agreements (SOFA) between the Philippines and other nations.
     • Extraterritorial Exceptions: Article 2 of the Revised Penal Code includes a limited number of instances where Philippine penal laws apply extraterritorially, such as to crimes against national security or piracy, even if committed outside Philippine territory.

4. Application to Foreign Nationals and Filipinos Alike

   • Under the principle of generality, both Filipino citizens and foreign nationals residing or visiting the Philippines are subject to the Revised Penal Code and special penal laws in the Philippines.
   • The principle ensures equal application of the law without discrimination, embodying the concept of equality before the law as outlined in Article III (Bill of Rights) of the 1987 Philippine Constitution.

5. Implications for Legal Practice and Law Enforcement

   • The principle of generality compels Philippine law enforcement and judicial bodies to exercise jurisdiction over all individuals within the territory, enforcing the law uniformly and fairly.
   • When a foreign national commits an offense within the Philippines, they are typically tried under Philippine law, except where protected by specific international provisions, agreements, or immunity.
   • This principle also reinforces the Philippine state’s police power by enabling it to regulate behavior, safeguard peace and order, and protect the welfare of everyone within its jurisdiction.

6. Relevance to Sovereignty and National Security

   • The principle of generality reflects the sovereignty of the Philippines as an independent state by asserting its jurisdictional reach over all individuals within its territory. This principle affirms that any person committing an offense within Philippine territory is subject to Philippine penal laws, ensuring that justice is applied without bias or exception, with only specific, legally defined exemptions.

7. Limitations Under Customary International Law

   • Philippine criminal law recognizes the limitations imposed by customary international law. This includes the protection afforded to certain individuals and entities, such as the United Nations and its officials, as well as foreign heads of state who may be exempt from local jurisdiction based on customary international diplomatic practices.

Summary

In essence, the principle of generality in criminal law mandates that all persons within Philippine territory are subject to Philippine penal laws, underscoring the state’s commitment to equality and the uniform application of justice. This principle aligns with the nation’s constitutional values of fairness, sovereignty, and the rule of law. However, exceptions are carefully delineated by international agreements and customary practices, which reflect the Philippines’ adherence to global diplomatic norms and obligations.