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Philippine Bar review · Question

Practice question: Universality Principle

Multiple Choice Medium

Practice question

A foreign national present in the Philippines is accused of an RA9851 crime, but a competent foreign court already acquitted him of that same offense. Assume Section17’s final-paragraph conditions apply. Does presence alone erase the bar?
  1. No; the presence basis must be read with the express prior-trial limitation
  2. Yes; presence always permits unlimited retrials
  3. Yes; foreign acquittals are never mentioned
  4. Yes; nationality automatically proves guilt
  5. Yes; the prosecutor may delete the final paragraph

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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