Practice question
A foreign accused of a defined RA9851 crime is present in the Philippines, while another competent court is already investigating or prosecuting that same crime. Officials claim Section17 makes Philippine prosecution compulsory in every such case and forbids any surrender or extradition route. What is correct?
- Section17 permits dispensing with investigation or prosecution in the interest of justice in the stated circumstances and provides a lawful surrender/extradition alternative
- The statute categorically forbids considering the other proceeding
- Presence alone repeals extradition laws
- Every transfer is automatically valid without applicable law
- The accused may dictate the result without legal process
Legal references
- UNCLOS Articles101–103,106: https://www.un.org/depts/los/convention_agreements/texts/unclos/part7.htm
- UN maritime-piracy circular explaining Article106: https://www.un.org/depts/los/piracy/circular_letter_3180.pdf
- RA9851 Section17: https://lawphil.net/statutes/repacts/ra2009/ra_9851_2009.html Final two paragraphs.
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