Third slandering a person could not possibly be covered by the immunity agreement, because our laws do not allow

w the commissionof a crime, such as defamation, in the name of official duty. This is ultra vires and cannot be part of official functions. It is a settled principle that a public official may be liable in his personal capacity for whatever damage he may have caused by his act done withmalice and in bad faith beyond the scope of his authority or jurisdiction.Fourth Under the Vienna Convention on Diplomatic Relations, a diplomatic agent enjoys immunity from criminal prosecution of the receiving state except in the case of an action relating to any professional or commercial activity outside of his official functions.As mentioned, the commission of the crime of defamation is not part of his official duty.3) Laws of Preferential Applications- Constitution- Ex. Members of Congress are not liable for Libel or Slander in connection withany speech delivered on the floor of the house during a regular or special session ( Art. IV, Sec. 11, l987 Constitution)B) Territoriality Article 2, RPC provs. of the RPC shall be enforced within the Philippine Archipelago, including its atmosphere,interior waters and maritime zone( before it was 3 miles from the outermost coastline. But now, under the Archipelagic Doctrineadopted in the new Phil. Const. and the Conference of the Law on the Sea, this distance is now 12 Nautical Miles from the baselines.Beyond the maritime zone, is the high seas, which are beyond our territorial jurisdiction. The national territory comprises thePhilippine Archipelago with all the islands and waters embraced therein, and all other territories over which the Phils. has sovereigntyor jurisdiction, consisting of its terrestrial, fluvial and aerial domains, including its territorial sea, seabed, subsoil insular shelves andsubmarine areas. The waters Around, Between, and Connecting the islands of the archipelago regardless of their Breadth andDimensions, form part of the internal waters of the Philippines (Archipelagic Doctrine- Art. 1, l987 Constitution).Our criminal law has also an ExtraTerritoriality chars. Article 2, RPC:1) Should commit an offense while on a Philippine ship or airship- this must be duly registered under the Phil. Laws and considered anextension of the Phil. National Territory, But if said Phil. Vessel or aircraft is within the territory of a foreign country when the crimeis committed, the laws of that country will apply. But if the accused in a registered Philippine vessel committed homicide on boardsaid vessel while in the territorial waters of a foreign country, like Vietnam, was not prosecuted before the Vietnam Court, he could betried before our Court, following the provs. of Rule 110 of the Revised Rules of Criminal Procedures (Pp. vs. Togoto- CA- 68 Off Gaz. 8317)If the Phil. Ship is not registered and a crime is committed in the high seas, our rules will not apply as said law clearly provides thatonly duly registered vessel is covered (Pp. vs. Julmain May 30, l959). Under the New Rules on Criminal Procedures (Jan. 1,l985), the phrase registered or licensed under the Phil. Laws are deleted & substituted with subject to the generally accepted principles of international law. Philippine warship, whatever it is, is an extension of the Philippines and its sovereignty. If the foreignvessel is also a warship, our courts have no jurisdiction as such is an extension of the country to which these vessels belong ( US. vs.Fowler 1 Phil. 614)On foreign merchant vessels, there are two rules that are followed:1) FRENCH RULE that crimes committed on board a foreign merchant vessel while on the waters of another country are not triablein that country unless those affecting the peace and security of that country or the safety of that state is endangered.2) ENGLISH RULE that such crimes are triable in that country unless such crimes affect merely the internal management of thevessel. This is also known as the Anglo-American Rule. This is the rule that we followed in our jurisdiction (US vs. Bull- 15 Phil. 7).This includes continuing crime committed on board a foreign vessel sailing

from a foreign port and which enters Philippine waters istriable in our courts.U.S. vs. Look Chow - 18 Phil 573- mere possession of opium on board a foreign vessel in transit in Philippine waters as such does notinvolve a breach of public order unless the opium is landed in our Philippine soil.U.S. vs. Wong Cheng- 46 Phil 729 this already involves breach of public order because the accused smoked opium while inside thevesel. This already causes such drugs to produce its pernicious effects within our country.2) Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities issued by the Govt. of the Philippine Islands.- reason behind is to maintain and preserve the financial credit and stability of the State.Ex. of obligation- sweepstakes ticket & lotto.3) Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the preceding number.4) While being a public officers or employees, should commit an offense in the exercise of their functions. Ex. Bribery, Malversation.Article 203 RPC- Who are public officers- Any person, who, by direct provision of the law, popular election, or appointment bycompetent authority, shall take part in the performance of public functions in the Govt. of the Philippine Islands or shall perform insaid Govt. or in any of its branches, public duties as an employee, agent or subordinate official or any rank or class.5) Should commit any of the crimes against National Security and the Laws of Nations. Ex. Piracy and Mutiny Laws of Nations.Treason and Espionage Crimes against National Security. Piracy shall be committed by any person, who on the high seas or Philippine waters, shall attack or seize a vessel, or not being amember of its complement nor a passenger, shall seize the whole or part of the cargo of sai d vessel, its equipment, or personnel belonging to its complement or passengers.Mutiny is the unlawful resistance to a superior officer, as the raising of commotions and disturbance on board a ship against theauthority of the commander.Treason is committed by any Filipino citizen who levies war against the Phils. or adheres to her enemies, by giving them aid or comfort within the Phils. or elsewhere.Espionage: - is committed by any person:1) who without authority, enters a warship, fort, or naval or military estab., or reservations to obtain any info., plans, photographs or other data of a confidential nature relative to the defense of the Phil. Archipelago;2) being in possession, by reason of the public office he holds, of the articles, data or info, discloses their contents to a rep. of a foreign nation.C) Prospectivity or Irretrospectivitymeans that generally penal laws should have only prospective application (Arts. 21 & 22RPC).Exception if this is favorable to the accused ( has retroactive effect).Exception to the exception if the accused is a habitual delinquent.Ex. Re-imposition of Death penalty under RA 7659, which took effect on December 31, l993. This cannot be given a retroactive effecton the accused who committed a crime on September 23, l987 ( Pp. vs. Bracamonte- 257 SCRA ).Reason behind this provision Lex prospicit, non respicit (the law looks forward not backward). The rationale against retroactivity isthat a law usually derides rights which may have already become vested or impairs the obligation of contract and hence isunconstitutional.Example of a law which can be given a retroactive effect Pres. Decree No. l866 ( which took effect on April 4, l973) penalizesIllegal Possession of Firearms for Reclusion Temporal Maximum to Reclusion Perpetua ( 17 years, 8 months and 1 day to ReclusionPerpetua). This was amended by RA 8294( which took effect on June 6,l997) - wherein the penalty for illegal poss. of firearms is now based on the caliber of the FA if low caliber Prision Correccional in its Max. Period ( 4 years, 2 months and 1 day to 6 years); if high powered penalty is Prision Mayor in its Minimum Period- 6 years and 1 day to 8

years.Example of the exception to the exception no retroactivity because the accused is habitual delinquent if within ten years from thedate of his release or last conviction of the crime of Serious or Less Serious Physical Injuries, Robbery, Theft, Estafa or Falsification,he is found guilty of any of said crimes a third time or oftener (Multi-recidivist) .Does the prospectivity rule only cover laws passed by Congress? No. The prospectivity rule applies also to penal circulars. For instance, DOJ Circular no. 12 issued on August 8, l984 declared that all checks including guarantee checks are covered by BP. Blg. 22.The court ruled that this Circular cannot be applied retroactively because petitioners cannot be faulted for relying on the earlier pronouncement of the Secretary of Justice that guarantee checks issued prior thereto are not covered by said Circular. The decisionfurther states that the principle of prospectivity of statutes, original or amendatory has been applied to administrative rulings andcirculars, and to judicial decisions which although in themselves are not laws, are evidence of what the laws mean, this being thereason why under Article 8 of the New Civil Code, judicial decisions applying the laws or the Constitution shall form part of the legalsystem ( Co vs. Court of Appeals- 45 SCAD October l993). Same application on the courts interpretation upon a written law theinterpretation of the court on a written law has the force of law. When a doctrine of the court is overruled and a different view is adopted, the new doctrine should be applied prospectively and should not apply to parties who relied on the old doctrine on the faiththereof. This is especially true in the construction and application of criminal laws, where it is necessary that the punishability of anact be reasonably foreseen for the guidance of society ( Co vs. CA- Ibid).Effect of the repeal of penal laws on the accused:The effect depends upon the nature of the repeal of the penal laws:a) In absolute or total repeal or express repeal, the act or omission is decriminalized so that if a case is pending, it shall bedismissed whether the accused is a habitual delinquent or not because there is no more crime for which he should be tried. If he wasalready convicted and /or serving sentence, he shall be released if he is not a habitual delinquent or unless the law provides thatdetention is to continue. b) In partial or relative repeal or implied repeal or repeal by re-enactment, the first law will govern if the accused is a habitual delinquent or if the favorable second law prohibits retroactivity. While the second law will govern if favorable to the offender who isnot a habitual delinquent or the law is silent as to its retroactivity. Ex. Pp. vs. Velasco 67 SCAD or 252 SCRA the beneficent provisions of RA 7659 can be applied retroactively to judgments which have become final and executory prior to December 31, l993and even to those who are already serving sentences. Rules of construction of penal laws:1) A penal law is liberally construed in favor of the accused (Pp. vs. Terrado l25 SCRA 648 & Corpuz vs. People Februaryl991)- Presumption of innocence.2) In case there is ambiguity of the law the original text in which a penal law is approved will govern in case of a conflict with theofficial translation. Hence, the RPC which was approved in its Spanish text is controlling over its English translation- (Pp. vs. Manaba 58 Phil. 665).Different philosophies underlying the criminal law system: (4 schools of thought):1) Classical or juristic theory a) Basis of criminal liability is human free will. Man has the capacity to choose between right and wrong, good and evil. Hence, whenhe does or omits an act, he does so willingly and voluntarily with full knowledge of the effects and consequences thereof. The purposeof the penalty is retribution. In view of the voluntariness of the act or omission, the offender should be given the penalty that hedeserved. As to the penalty, the same should be mechanically determined in direct proportion to the crime committed. The emphasisof the law is

on the offense and not on the offender. Man therefore should be adjudged or held accountable for wrongful acts so longas free will appears unimpaired ( Pp. vs. Genosa l34 SCAD September, 2000).2) Positivist or Realistic Theory Basis of criminal liability is that man is inherently good but the offender is socially sick. He is a product, not only of biological factors, but also of his environment. His thoughts and actions are influenced by his upbringing, socialenvironment and associations. The purpose of the penalty is reformation. Since the offender is a product of his environment, then the penalty should be corrective or curative to reform him. (Thus jails are called reformatories). The penalty is arrived at after an examination of the offender. The penalty should be suited to the individual offender precisely because the purpose is to reform him.The emphasis of the law is on the offender and not on the offense.3) Ecclectic (or mixed ) Philosophy This combines the good features of both the classical and positivist theories. Ideally, theclassical theory should be applied to grievous crimes, whereas the positivist is made to apply to economic & social crimes.4) Utilitarian Theory This espouse the idea that the primary function of punishment in criminal law is to protect society from potential and actual wrongdoers. The retributive aspect of penal laws should be directed against them. Thus it behooves upon our courts of law that in applying the punishment imposed upon the accused, the objective of retribution of a wronged society should bedirected against the actual and potential wrongdoers.Magno vs. CA June l992 Magno issued four checks to collateralize an accommodation but not for an account or for value. TheSC ruled that Magno should not be punished for the mere of the checks in question.Constitutional limitations on the right to enact penal laws: (Article III-Bill of Rights- of the l987 Constitution:a) No person shall be deprived of life, liberty or property without due process of law, nor shall any person be denied the equal protection of the laws (Article 1) b) No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against him (Sec. 12-2)c) No law, therefore, must be passed imposing cruel and unusual punishment or excessive fines.d) No ex-post facto law or bill of attainder shall be enacted Sec. 22.Article 3 FELONIES (Delitos)- acts or omission punishable by law.Ways of committing it:1) Deceit/Malice (Dolo)2) Fault (Culpa)Whether done with Malice/deceit or fault act is voluntary. Voluntariness is an element because it is specifically stated in Article 3which refers to dolo be done with deliberate intent; while in Art. 365 referring to reckless imprudence (culpa), it expresslystates that it consists in voluntarily but without malice, doing or failing to do an act.Dolo is intentional Intentional Felonies, while culpa is not Culpable Felonies.Where there is intent, there can be no negligence Pp. vs. Nanguil 43 Phil. 232