Question

D. Principles of Generality, Territoriality and Prospectivity

Scenario:

John is a Filipino citizen who committed a crime while on vacation in a foreign country. The crime he committed is considered a crime in both the foreign country and the Philippines. Upon returning to the Philippines, he is apprehended by local authorities.

Question:

1. Can John be prosecuted in the Philippines for the crime he committed in the foreign country? Explain the legal basis for your answer.
2. Assuming that the foreign country does not have an extradition treaty with the Philippines, can John still be held criminally liable in the Philippines? Discuss the principle of territoriality in relation to this scenario.
3. If the crime John committed is later decriminalized in the foreign country, can he still be prosecuted in the Philippines? Explain the concept of prospectivity in relation to this situation.