Philippine Bar review · Question

Practice question: Generality

Multiple Choice Hard Jurisprudence

Practice question

A protected diplomatic agent claims that receiving-state criminal immunity means a legal entitlement to disregard Philippine laws and complete exemption from the sending State’s jurisdiction. Which is correct under the Convention?
  1. Both assertions necessarily follow from immunity.
  2. Only the agent decides whether any law exists.
  3. Immunity makes all conduct lawful.
  4. The Convention preserves the duty to respect receiving-state laws and states that receiving-state immunity does not exempt the agent from sending-state jurisdiction.
  5. Every diplomatic agent is automatically a Philippine citizen.

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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