Philippine Bar review · Question

Practice question: Extraterritorial Application

Multiple Choice Hard

Practice question

A foreign e-retailer deliberately develops a Philippine customer base and repeatedly delivers orders here. Minimum contacts and the Act’s B2C scope are established. It argues that Section 5 both exempts it because it lacks an office and, alternatively, eliminates all procedural requirements in any Philippine proceeding. Which statement is most accurate?
  1. Both assertions necessarily follow from extraterritorial application
  2. It cannot rely on absence of legal presence to evade applicable liability, but Section 5 does not itself dispense with every procedural requirement
  3. Only the first assertion is correct
  4. Every customer complaint automatically succeeds on the merits
  5. All foreign e-commerce transactions are unlawful

Legal references

  • RA 11967, Section 5: https://lawphil.net/statutes/repacts/ra2023/ra_11967_2023.html

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