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Philippine Bar review · Question

Practice question: Nationality Principle

Multiple Choice Medium Jurisprudence

Practice question

A national of State A commits an offense wholly in State B. A's valid statute covers its nationals' commission of that offense abroad. Which basis most directly supports A's asserted jurisdiction?
  1. Territoriality solely because the person is an A national.
  2. Passive personality without any fact about the victim.
  3. Universality for every offense committed abroad.
  4. No basis can exist outside the territory.
  5. Active nationality.

Legal references

  • UN Convention against Transnational Organized Crime, Articles 4 and 15: https://mandates.un.org/mandate/A/RES/55/25
  • Revised Penal Code, Article 2: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/28/20426
  • UNODC, Guide for the Legislative Incorporation and Implementation of Universal Anti-Terrorism Instruments, paragraph 359: https://www.unodc.org/documents/terrorism/Publications/Guide_Legislative_Incorporation_Implementation/English.pdf

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