Philippine Bar review · Question

Practice question: Protective Principle

Multiple Choice Hard Jurisprudence

Practice question

An overseas scheme allegedly attacks State A's essential governmental security functions. A has an applicable statute and identifies that interest. The offenders are nationals of B, the victims are not A nationals, and no act occurs in A. Defense counsel argues that these facts necessarily eliminate every possible jurisdictional basis. Which response is strongest?
  1. Only the offenders' nationality can ever support jurisdiction.
  2. The absence of A victims automatically defeats protective jurisdiction.
  3. Every overseas act is territorial conduct in A.
  4. A protective basis may remain because the asserted connection is a fundamental State interest, not offender or victim nationality or local conduct.
  5. Any assertion of a State interest automatically proves guilt.

Legal references

  • 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
  • UN Convention against Transnational Organized Crime, Articles 4 and 15: https://mandates.un.org/mandate/A/RES/55/25

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