TERRITORIALITY (Criminal Law)

2008 Bar Exam Question and Suggested Answer on Territoriality (Criminal Law)

QUESTION:

No. VI. Hubert and Eunice were married in the Philippines. Hubert took graduate studies in New York and met his former girlfriend Eula. They renewed their friendship and finally decided to get married. The first wife, Eunice, heard about the marriage and secures a copy of the marriage contract in New York. Eunice filed a case of Bigamy against Hubert in the Philippines.

(a) Will the case prosper? Explain. (4%)
(b) If Eunice gave her consent to the second marriage, what will your answer be? Explain. (3%)

SUGGESTED ANSWER:

(a) No, because the Philippine Courts have no jurisdiction over a crime committed outside of the Philippine territory. Under the principle of territoriality, penal laws, specifically the RPC, are enforceable only within the bounds of our territory (Art. 2, RPC).


(b) The answer will be the same. The consent of Eunice would not confer  jurisdiction on Philippine Courts.



Source: 
"A Compilation of the Questions and Suggested Answers in the Philippine Bar Examinations 2007-2013 in Criminal Law", Compiled and Arranged by Rollan, Faith Chareen and Salise, Hector Christopher (University of San Jose-Recoletos School of Law), ANSWERS TO BAR EXAMINATION QUESTIONS by the UP LAW COMPLEX (2007, 2009, 2010) & PHILIPPINE ASSOCIATION OF LAW SCHOOLS (2008)