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All ▸ Bar 2024 ▸ POLITICAL AND PUBLIC INTERNATIONAL LAW ▸ XII. PUBLIC INTERNATIONAL LAW ▸ G. Jurisdiction of States ▸ 5. Passive Personality Principle

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Question

G. Jurisdiction of States: Passive Personality Principle

A prominent Philippine business tycoon, Mr. Juan Dela Cruz, was visiting Country X as part of his international business ventures. During his stay, he was involved in a car accident where he was the victim. The driver who caused the accident is a citizen of Country X.

Assuming that both the Philippines and Country X have enacted legislation recognizing the Passive Personality Principle, discuss the following:

  1. What is the Passive Personality Principle? Explain its application in the context of the scenario.
  2. Which country, the Philippines or Country X, has jurisdiction to prosecute the driver who caused the accident? Explain your answer.

Answer

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