All ▸ Bar 2024 ▸ POLITICAL AND PUBLIC INTERNATIONAL LAW ▸ XII. PUBLIC INTERNATIONAL LAW ▸ G. Jurisdiction of States ▸ 3. Protective Principle

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G. Jurisdiction of States: Protective Principle

Consider the following scenario:

A Philippine national commits a cybercrime offense against a foreign government by hacking into their computer systems. The offense was committed while the Philippine national was physically present within the territory of the Philippines.

Based on the principle of protective jurisdiction, answer the following questions:

Does the Philippines have jurisdiction over the Philippine national for the cybercrime offense committed against the foreign government? Explain your answer.
If the foreign government requests the extradition of the Philippine national, can the Philippines extradite the individual? Provide the legal basis and any limitations, if applicable.

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