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Philippine Bar review · Question

Practice question: Passive Personality Principle

Multiple Choice Hard

Practice question

A Filipino abroad is the victim of an ordinary isolated theft by a foreigner. A complaint invokes only RA 9851 section 17(c), identifies no war-crime, genocide, or crime-against-humanity elements, and argues that Filipino victimhood is enough. Which assessment is correct?
  1. Every offense against a Filipino falls under RA 9851
  2. Paragraph (c) creates the substantive offense of all foreign theft
  3. The complaint must first identify a crime defined and penalized by RA 9851; victim nationality alone does not expand its coverage
  4. A Filipino victim automatically makes all foreign courts lose jurisdiction
  5. The accused must be naturalized before the issue can be resolved

Legal references

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

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