c. Criminal Jurisdiction

Due Process and Military Tribunal

A military commission or tribunal cannot try and exercise jurisdiction, even during the period of martial law, over civilians for offenses allegedly committed by them as long as civil courts are open and functioning, and that any judgement rendered by such body relating to a civilian is null and void for lack of jurisdiction on the part of the military tribunal concerned. (Bernas, The 1987 Constitution of the Republic of the Philippines, 2009)

Bail

What is the rule on criminal jurisdiction on board merchant ships and government ships operated for commercial purpose?

For a crime committed on board a foreign merchant ship or government ship operated for commercial purposes during its passage through the territorial sea, the coastal State should not exercise criminal jurisdiction to arrest any person or conduct any investigation except in the following cases (UNCLOS, art. 27(1)):

• If the consequences of the crime extend to the coastal State;
• If the crime is of a kind to disturb the peace of the country or the good order of the territorial sea;
• If the assistance of the local authorities has been requested by the master of the ship or by a diplomatic agent or consular officer of the flag State; or
• If such measures are necessary for the suppression of illicit traffic in narcotic drugs or psychotropic substances.

This does not affect the coastal State’s right to take steps authorized by its laws to arrest or investigate on board a foreign ship passing through the territorial sea after leaving internal waters (UNCLOS, art. 27(2)).

Except as provided in Part XII (Protection and Preservation of the Marine Environment) or with respect to violations of laws and regulations adopted in accordance with Part V (Exclusive Economic Zone), the coastal State may not take any steps on board a foreign ship passing through the territorial sea to arrest any person or to conduct any investigation in connection with any crime committed before the ship entered the territorial sea, if the ship, proceeding from a foreign port, is only passing through the territorial sea without entering internal waters. (UNCLOS, art. 27).