Practice question
An offense abroad is asserted to fall under Article2(5). Prosecutors rely only on a general claim that all serious crimes embarrass the nation, without identifying a crime against national security or the law of nations defined in TitleOne of BookTwo and without another basis. Which is correct?
- The specific statutory category must be established; general national embarrassment is not its substitute
- Every serious crime worldwide automatically fits paragraph5
- Embarrassment alone creates territorial jurisdiction
- The title limitation is legally irrelevant
- Any prosecutor may expand Article2 by characterization
Legal references
- Revised Penal Code Articles2,21–22, specified provisions: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/28/20426 Article2(1)–(3),(5), treaty/preferential-law qualification.
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