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Philippine Bar review · Question

Practice question: Protective Principle

Multiple Choice Hard Jurisprudence

Practice question

A foreign accused abroad commits conduct stipulated to satisfy a national-security offense specifically defined in TitleOne of BookTwo. No act takes place in the Philippines and the accused is not Filipino. He argues those two absences alone necessarily defeat Article2(5). Which is correct?
  1. The paragraph provides an extraterritorial category for the specified offenses, subject to applicable preferential laws or treaties
  2. Only citizens can ever fall under any Article2 category
  3. Every national-security allegation automatically proves guilt
  4. The paragraph is confined to acts inside Manila
  5. The prosecutor need not prove the defined offense

Legal references

  • Revised Penal Code, Article2(2)–(3),(5): https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/28/20426

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