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AllBar 2024POLITICAL AND PUBLIC INTERNATIONAL LAWXII. PUBLIC INTERNATIONAL LAWG. Jurisdiction of States5. Passive Personality Principle

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Question

Jurisdiction of States: Passive Personality Principle

You are a legal consultant advising a client who is a Philippine citizen residing in the Philippines. The client has discovered that a foreign national, who is not a resident of the Philippines, posted defamatory statements about the client on a social media platform. The client wants to take legal action against the foreign national.

  1. Explain the concept of passive personality principle in jurisdiction.
  2. Discuss whether the Philippine courts can exercise jurisdiction over the foreign national based on the passive personality principle.
  3. What are the legal requirements for the application of the passive personality principle in the Philippines?
  4. Identify any potential challenges or limitations to enforcing jurisdiction under the passive personality principle.

Answer

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