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Philippine Bar review · Question

Practice question: Nationality Principle

Multiple Choice Hard

Practice question

A Filipino civilian allegedly commits a crime against humanity defined by RA9851 entirely abroad against foreign victims. All statutory elements and citizenship are stipulated, and no immunity or prior-trial issue exists. The defense says Section17(a) applies only to military accused or crimes inside the Philippines. Which is best?
  1. The statute covers military or civilian persons regardless of place, subject to its listed jurisdictional conditions
  2. Civilian status always defeats the provision
  3. Only Filipino victims can ever establish jurisdiction
  4. An overseas act is categorically excluded
  5. Foreign victims automatically immunize the accused

Legal references

  • UN Convention against Transnational Organized Crime, Articles15(3) and16(10): https://mandates.un.org/mandate/A/RES/55/25
  • RA9851 Section17: https://lawphil.net/statutes/repacts/ra2009/ra_9851_2009.html Accused-citizenship branch.

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