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Philippine Bar review · Question

Practice question: Generality

Multiple Choice Medium Jurisprudence

Practice question

A duly accredited foreign diplomatic agent enjoys the full criminal-jurisdiction immunity applicable under the Vienna Convention, and no waiver or limitation applies. May that immunity simply be disregarded because generality has no exceptions?
  1. Yes; no treaty can ever qualify jurisdiction.
  2. Yes; all foreign nationals have identical status.
  3. Yes; accreditation is legally irrelevant.
  4. Yes; immunity applies only to customs duties.
  5. No; the applicable treaty immunity qualifies exercise of receiving-state criminal jurisdiction.

Legal references

  • Civil Code, Article 14, generality of penal and public-security laws: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
  • Revised Penal Code, Act No. 3815, specified articles, as amended: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/28/20426; Article 2.
  • Vienna Convention on Diplomatic Relations, Articles 29–32 and 41, United Nations treaty text: https://legal.un.org/ilc/texts/instruments/english/conventions/9_1_1961.pdf

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