Philippine Criminal Law: Jurisdiction and Extradition

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1
What is the territoriality principle under Article 2 of the Revised Penal Code?
Philippine penal laws generally apply to offenses committed within Philippine territory, subject to statutory exceptions.
2
Under Article 2, when may Philippine criminal law apply to offenses aboard a Philippine ship or airship?
When the offense falls within the statutory extraterritorial application of the Revised Penal Code.
3
What is the flag-state principle in maritime criminal jurisdiction?
A state generally exercises jurisdiction over vessels registered under its flag, subject to international law and applicable exceptions.
4
What is the protective principle of criminal jurisdiction?
A state may assert jurisdiction over specified foreign conduct threatening its security or essential governmental interests when authorized by law.
5
What is the nationality principle of criminal jurisdiction?
A state may prescribe criminal jurisdiction over certain conduct of its nationals abroad when authorized by law.
6
What is the universality principle of criminal jurisdiction?
Certain offenses of international concern may be subject to jurisdiction regardless of where they occur, when recognized by applicable law.
7
What is extradition?
The formal process by which one state surrenders a person to another state for prosecution or punishment under applicable treaties and law.
8
What is the distinction between extradition and deportation?
Extradition concerns surrender for criminal proceedings or punishment; deportation concerns removal under immigration law.
9
What is the principle of specialty in extradition?
The requesting state generally may prosecute or punish the extradited person only for offenses permitted by the applicable extradition arrangement, subject to exceptions.
10
What is the dual-criminality principle in extradition?
The conduct underlying the extradition request must generally constitute an offense under the laws of both states, subject to the governing treaty.
11
What is the significance of Presidential Decree No. 1069?
It is the Philippine Extradition Law establishing procedures for extradition under applicable treaties.
12
Does an extradition proceeding itself determine guilt beyond reasonable doubt?
No. It determines whether the legal requirements for surrender are satisfied.
13
What is prescription of offenses under the Revised Penal Code?
Extinction of criminal liability through the lapse of the legally prescribed period for prosecuting an offense.
14
Under Article 90, what is the general prescription period for crimes punishable by death, reclusion perpetua, or reclusion temporal?
Twenty years, subject to applicable law.
15
Under Article 90, what is the general prescription period for crimes punishable by other afflictive penalties?
Fifteen years.
16
Under Article 90, what is the general prescription period for crimes punishable by correctional penalties?
Ten years, except arresto mayor, which prescribes in five years.
17
Under Article 90, what is the prescription period for light offenses?
Two months, subject to applicable law.
18
What is the general rule for commencing the prescriptive period under Article 91?
It generally begins when the crime is discovered by the offended party, authorities, or their agents, subject to the article's rules.
19
What generally interrupts prescription under Article 91?
The institution of the complaint or information under the applicable rules and jurisprudence.
20
What is the significance of a continuing offense to prescription analysis?
The timing and completion of the offense may affect when the prescriptive period begins.
21
What is the distinction between prescription of a crime and prescription of a penalty?
Prescription of a crime concerns prosecution; prescription of a penalty concerns enforcement of a final sentence.
22
Under Article 92, what is the prescription period for penalties of reclusion perpetua and reclusion temporal?
Twenty years.
23
Under Article 92, what is the prescription period for other afflictive penalties?
Fifteen years.
24
Under Article 92, what is the prescription period for correctional penalties?
Ten years, except arresto mayor, which prescribes in five years.
25
Under Article 92, what is the prescription period for light penalties?
One year.
26
What is the principal purpose of Republic Act No. 9344?
To establish a juvenile justice and welfare system emphasizing children's rights, diversion, rehabilitation, and restorative justice.
27
What is the minimum age of criminal responsibility under RA 9344?
A child fifteen years old or younger at the time of the offense is exempt from criminal liability, without prejudice to appropriate intervention measures.
28
When may a child above fifteen but below eighteen years old incur criminal liability?
When the child acted with discernment, subject to the Juvenile Justice and Welfare Act.
29
What is discernment under juvenile justice law?
The child's capacity at the time of the act to understand its wrongfulness and consequences, assessed from the circumstances.
30
Who bears the burden of establishing discernment when it is required?
The prosecution must establish the child's discernment through sufficient evidence.
31
What is diversion under juvenile justice law?
A child-appropriate process for resolving qualifying cases without formal judicial proceedings, subject to statutory conditions.
32
What is restorative justice in the juvenile justice context?
An approach emphasizing accountability, repair of harm, rehabilitation, and reintegration rather than punishment alone.
33
What is intervention under RA 9344?
A program or set of measures addressing the child's needs and conduct through appropriate social, educational, psychological, or community services.
34
What is the significance of determining a child's age at the time of the offense?
It determines which age-based rules on criminal responsibility, discernment, and juvenile protections apply.
35
What is the purpose of automatic suspension of sentence for qualified children in conflict with the law?
To permit rehabilitation and appropriate juvenile dispositions under the conditions prescribed by RA 9344.
36
Does exemption from criminal liability under RA 9344 automatically eliminate civil liability?
No. Civil liability may remain under applicable law.
37
What is the purpose of the writ of amparo?
To protect rights to life, liberty, and security in cases involving unlawful acts or omissions such as extralegal killings and enforced disappearances.
38
What is the purpose of the writ of habeas data?
To protect privacy in relation to life, liberty, or security against unlawful collection, storage, or use of personal information under the rule's conditions.
39
What is the distinction between habeas corpus and amparo?
Habeas corpus principally tests the legality of restraint; amparo provides protection against specified threats or violations of life, liberty, and security.
40
What is the significance of command responsibility in an amparo proceeding?
A superior's knowledge, authority, and response may be relevant to determining responsibility and appropriate protective relief under applicable doctrine.
41
What is the difference between proof beyond reasonable doubt and preponderance of evidence?
Proof beyond reasonable doubt is the criminal conviction standard; preponderance asks whether evidence is more convincing on balance, generally in civil cases.
42
What is substantial evidence?
Relevant evidence that a reasonable mind might accept as adequate to support a conclusion, commonly used in administrative proceedings.
43
What is the significance of the presumption of innocence when evidence is insufficient?
The accused must be acquitted because the prosecution has not satisfied its burden of proof.
44
Scenario: A fourteen-year-old commits an act that would otherwise constitute theft. What juvenile justice rule applies?
The child is exempt from criminal liability under RA 9344 but may be subject to appropriate intervention and applicable civil liability.
45
Scenario: A seventeen-year-old commits robbery, but the prosecution fails to establish discernment. What is the consequence?
The child is exempt from criminal liability under the juvenile justice framework, subject to appropriate intervention and other lawful consequences.
46
Scenario: A crime punishable by a correctional penalty was discovered years after commission. What must be evaluated?
The applicable prescription period and the commencement and interruption rules under Articles 90–91 or a governing special law.
47
Scenario: A person is requested for extradition based on conduct that is not criminal in the requested state. What principle should be examined?
Dual criminality under the applicable extradition treaty and law.
48
Scenario: A detainee is secretly held by state agents who refuse to disclose the detention location. What remedies and offenses should be examined?
Enforced disappearance under RA 10353 and appropriate judicial remedies, including amparo and habeas corpus where applicable.
49
Scenario: A defendant is charged under a special penal law that contains its own prescription provision. Which prescription rule should be applied?
The governing special-law prescription provision and applicable interpretive rules, rather than automatically using Revised Penal Code periods.
50
Scenario: After considering all admissible evidence, a court has reasonable doubt about an essential element. What judgment must follow?
Acquittal, because criminal guilt must be proved beyond reasonable doubt.
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