All ▸ Bar 2024 ▸ CRIMINAL LAW ▸ I. FUNDAMENTAL PRINCIPLES OF CRIMINAL LAW ▸ D. Principles of Generality, Territoriality and Prospectivity

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FUNDAMENTAL PRINCIPLES OF CRIMINAL LAW: PRINCIPLES OF GENERALITY, TERRITORIALITY, AND PROSPECTIVITY

Mr. Santos, a Philippine citizen, purchased a kilogram of illegal drugs in a foreign country and successfully smuggled it into the Philippines. He intended to distribute the drugs within Philippine territory. The Philippine Drug Enforcement Agency (PDEA) received an anonymous tip regarding Mr. Santos' illegal activities and conducted a surveillance operation.

While Mr. Santos was in the process of distributing the drugs in a public park, he was apprehended by PDEA agents. During his arrest, the agents found various pieces of evidence that establish his involvement in the illegal drug trade.

Based on the given scenario, answer the following questions:

Discuss the principle of generality as applied to this case. What legal principle governs the prosecution of Mr. Santos for his illegal drug activities?
Explain the principle of territoriality and its relevance to the criminal liability of Mr. Santos. Does Philippine law have jurisdiction over his actions that occurred outside the country?
Evaluate the principle of prospectivity and its application in the prosecution of Mr. Santos. Can he be prosecuted for the illegal drug activities he committed prior to the enactment of a new law that criminalizes such conduct?

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