Philippine Bar review · Question

Practice question: Territoriality

Multiple Choice Hard Jurisprudence

Practice question

An ordinary RPC offense occurs on a duly Philippine-registered merchant ship on the high seas. The accused is a foreign national and argues that the vessel exception necessarily applies only to Filipino passengers. Assume no treaty or preferential law changes the result and the offense’s other elements are proved. Which is correct?
  1. Article 2(1)’s vessel category is not restricted to Filipino offenders merely by nationality.
  2. Foreign passengers are all diplomatic agents.
  3. The category applies only while the ship is in Manila Bay.
  4. The ship’s passengers may vote to eliminate criminal law.
  5. No State can ever exercise jurisdiction over high-seas conduct.

Legal references

  • Revised Penal Code, Act No. 3815, specified articles, as amended: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/28/20426; Article 2.
  • 1987 Constitution, Article I: https://lawphil.net/consti/cons1987.html

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