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0 tracked cards Civil Law and Land Titles and Deeds

(a)State the doctrine governing territoriality of penal laws under NCC Art. 14 and identify the two relevant principles. (b) Rex, a Filipino citizen, commits kidnapping in Kuala Lumpur, Malaysia. Determine whether Philippine criminal law applies to his act and explain the basis and any limitations, including how he might be prosecuted (extradition or return). (c) Noor, a Malaysian national, commits theft in Manila. Determine whether Philippine criminal law applies to his act and explain the basis.

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The doctrine rests on passive personality; Philippine law applies to crimes against Philippine nationals abroad. The doctrine requires dual criminality; the offense must be criminal in both the Philippines and the host country for Philippine law to apply. The doctrine comprises the territorial principle and the nationality principle; Philippine penal law applies to offenses within Philippine territory and to extraterritorial offenses by Filipino citizens. The doctrine relies on territoriality only; Philippine law applies solely to offenses committed within Philippine territory.

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