Practice question
An adult foreign tourist allegedly commits an ordinary RPC offense in Manila. No treaty immunity or other exception applies. The tourist argues that only the home country’s citizens can be punished by Philippine law. Which is correct?
- The argument is always valid.
- The tourist’s embassy has exclusive jurisdiction merely because of nationality.
- All tourists are diplomatic agents.
- The generality principle ordinarily subjects the tourist to applicable Philippine penal law.
- Foreign visitors may choose whether the law binds them.
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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