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Pinoy Bar Exam Review: Criminal Law

After drinking one (1) case of San Miguel beer and taking two plates of "pulutan", Binoy, a Filipino seaman, stabbed to death Sio My, a Singaporean seaman, aboard M/V "Princess of the Pacific", an overseas vessel which was sailing in the South China Sea. The vessel, although Panamanian registered, is owned by Lucio Sy, a rich Filipino businessman. When M/V "Princess of the Pacific" reached a Philippine Port at Cebu City, the Captain of the vessel turned over the assailant Binoy to the Philippine authorities. An information for homicide was filed against Binoy in the Regional Trial Court of Cebu City. He moved to quash the information for lack of jurisdiction.

Question: If you were the Judge, will you grant the motion?

Answer:

Yes, the Motion to Quash the Information should be granted. The Philippine court has no jurisdiction over the crime committed since it was committed on the high seas or outside of Philippine territory and on board a vessel not registered or licensed in the Philippines (US vs. Fowler, 1 Phil 614).

It is the registration of the vessel in accordance with the laws of the Philippines, not the citizenship of her owner, which makes it a Philippine ship. The vessel being registered in Panama, the laws of Panama govern while it is in the high seas.

source: PALS

Quote from: Mike Ortega Ligalig on June 12, 2010, 05:40:57 AM
Pinoy Bar Exam Review: Criminal Law

After drinking one (1) case of San Miguel beer and taking two plates of "pulutan", Binoy, a Filipino seaman, stabbed to death Sio My, a Singaporean seaman, aboard M/V "Princess of the Pacific", an overseas vessel which was sailing in the South China Sea. The vessel, although Panamanian registered, is owned by Lucio Sy, a rich Filipino businessman. When M/V "Princess of the Pacific" reached a Philippine Port at Cebu City, the Captain of the vessel turned over the assailant Binoy to the Philippine authorities. An information for homicide was filed against Binoy in the Regional Trial Court of Cebu City. He moved to quash the information for lack of jurisdiction.

Question: If you were the Judge, will you grant the motion?

Answer:

Yes, the Motion to Quash the Information should be granted. The Philippine court has no jurisdiction over the crime committed since it was committed on the high seas or outside of Philippine territory and on board a vessel not registered or licensed in the Philippines (US vs. Fowler, 1 Phil 614).

It is the registration of the vessel in accordance with the laws of the Philippines, not the citizenship of her owner, which makes it a Philippine ship. The vessel being registered in Panama, the laws of Panama govern while it is in the high seas.

source: PALS

Correct me if i'm wrong In that case the seaman if proven guilty could be sent to Panama and serve his jail sentence there...??

Virgil, I cannot answer your question at this time. I will still research about it.
Perhaps one of our lawyers here can provide a definite answer to your question.

Since the crime occurred in the South China Seas,
  could it be the prosecution will be held in China and serve his jail term there too?
  Nah, malat-an si Binoy sa mga insik, pasanginli ang pagkahubog.