Practice question
A foreign government with jurisdiction recognized by the Philippines is already prosecuting the same person for the conduct constituting the trafficking offense. Philippine officials rely on the Filipino victim but have no Secretary of Justice approval. Which Section 26-A qualification must they address?
- The prohibition on commencing prosecution in that circumstance absent the specified approval
- Filipino victimhood erases every statutory qualification
- A private complainant may waive the foreign-prosecution clause
- The foreign case automatically proves guilt here
- The approval can be supplied by any shipping company
Legal references
- RA 10364 Section 23 inserting RA 9208 Section 26-A: https://lawphil.net/statutes/repacts/ra2013/ra_10364_2013.html; Section 26-A(a)-(c) and foreign-prosecution paragraph.
- Republic Act No. 11862, June 23, 2022, Section 17 amending RA 9208 Section 26-A: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/95641
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