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Philippine Bar review · Question

Practice question: Passive Personality Principle

Multiple Choice Hard

Practice question

A covered RA 9851 crime abroad has a Filipino victim and foreign accused. Philippine officials rely on section 17(c) and propose entering a foreign State to seize the accused without its consent or another lawful basis. Which is correct?
  1. Victim nationality automatically authorizes the foreign raid
  2. Jurisdiction and lawful foreign enforcement are separate; paragraph (c) does not itself authorize that raid
  3. A Filipino victim makes the foreign territory Philippine territory
  4. The foreign State must surrender everyone without legal process
  5. Paragraph (c) applies only to crimes physically committed in Manila

Legal references

  • https://lawphil.net/statutes/repacts/ra2009/ra_9851_2009.html — Republic Act No. 9851, section 17

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