1. Which of the following statements is NOT correct?

a. An aspect of territoriality principle is the “effects doctrine”.

b. The doctrine of effective nationality link is used to determine which of two
states of which a person is a national will be recognized as having the right to
give diplomatic protection to the holder of dual nationality.
c. The Protective Principle asserts that a state may apply law- particularly
criminal law- to an act committed outside its territory by a person not its
national where the victim of the act was its national. PROTECTIVE
PRINCIPLE APPLIES ONLY TO ACTS AGAINST NATIONAL
SECURITY, not against acts to nationals (Passive protective Principle is the
applicable doctrine) -victim is government
d. The nationality principle states that every state has jurisdiction over its
nationals even when those nationals are outside the state.

2. Which of the following are considered as acts jure imperii?

Statement A: Entering into a Maintenance Agreement by Indonesia for specified

equipment at its Embassy like air conditions units, generator sets, electrical facilities,
water heaters, and water motor pumps. CORRECT

Statement B: Hiring of a cook in the recreation center catering to American

servicemen and the general public at the John Hay Air Station in Baguio City. - jure
gestonis US. vs. RODRIGO

Statement C: The conduct of public bidding for the repair of a wharf at a United
States Naval Station.CORRECT (US vs. RUIZ)

Statement D: The conduct of bidding for the operation of barber shops in Clark Air
Base in Angeles City - jure gestonis (proprietary)

A. Statements A and D are correct.

B. Statements B and C are correct.
C. Statements A and C are correct.
D. Statement B and D are correct.

3. The United States can assert jurisdiction over a hijacker who seized an American
hostage on foreign land on the basis of:

A. Nationality Principle - Generally refers to civil matters

B. Protective Principle
C. Passive Personality Principle Applies to crimes committed against nationals
D. Territoriality Principle
4. Under the United Nations Convention on the Jurisdictional Immunities of States
and their Property, the defense of State immunity is not applicable in the
following cases:

Statement I: Right or interest of State in movable or immovable property arising by

way of succession or donation.

Statement II: Proceeding which relates to the operation of a ship other than a warship.
TRUE - applicable only to worship Schooner case

a. Statement I is correct.
b. Statement II is correct.
c. Statements I and II are correct.
d. Statements I and II are incorrect.

5. This principle protects the sovereignty of States by judicial deference to the public
acts of a foreign State done in that State’s territory.

A. State Immunity
B. Territoriality Principle
C. Act of State Doctrine
D. Jure Gestionis

6. Under the Vienna Convention on Diplomatic Relations, the privileges and

immunities of diplomatic mission are the following EXCEPT:

A. The receiving State shall permit and protect free communication on the part of
the mission for all official purposes, including diplomatic couriers and
messages in cope or cipher.
B. The personal baggage of a diplomatic agent shall be exempt from inspection
despite the presence of serious grounds for presuming that it contains articles
the import or export of which is prohibited by law.
C. The premises of the mission, their furnishings and other property thereon, and
the means of transport of the mission shall be immune from search,
requisition, attachment or execution.
D. The registration of the sale and issuance of Certificate of Title over a parcel of
land in favor of foreign governments to be used a residence of the diplomatic
representatives.

7. Which of the following statements is/are NOT correct?

A. Diplomatic agents are entitled to immunity from the criminal jurisdiction of

the receiving State. -CORRECT
 B. A diplomatic agent shall enjoy immunity from the criminal jurisdiction of the
receiving State only. They are not exempt from the criminal jurisdiction of
other States. - CORRECT
C. An ambassador enjoys immunity from civil and administrative jurisdiction in
the case of a real action relating to immovable property situated in the territory
of the receiving State. - INCORRECT
D. Other members of the staff of the mission and private servants who are
nationals of or permanently residing in the receiving State shall also enjoy
immunities and privileges in respect of official acts performed in the exercise
of their functions. - INCORRECT - only applies to nationals of sending state
A. Statement C is incorrect.
B. Statement D is incorrect.
C. Statements C and D are incorrect.
D. Statements B and C are incorrect.

8. Consular officers shall have the following privileges and immunities EXCEPT:

A. Consular officers shall not be liable to any form of arrest or detention.

B. Consular officers are exempted from registration of aliens and residence
permits, work permits, taxation, and from personal services and contribution.
CORRECT
C. Consular officers are under no obligation to give evidence concerning matters
connected with exercise of their functions. CORRECT
D. Consular officers enjoy immunity from civil jurisdiction except in certain
cases. - CORRECT

ESSAY QUESTION

1. A group of high-ranking officials and rank-and-file employees stationed in a foreign

embassy in Manila were arrested outside embassy grounds and detained at Camp
Crame on suspicion that they were actively collaborating with “terrorists” out to
overthrow or destabilize the Philippine Government. The Foreign Ambassador sought
their immediate release, claiming that the detained embassy officials and employees
enjoyed diplomatic immunity. It invited to express your legal opinion on the matter,
what advice would you give?

I shall advice that the high-ranking officials and rank-and-file employees be released because
of their diplomatic immunity. Article 29 of the Vienna Convention on Diplomatic Relations
provides: "The person of a diplomatic agent shall be inviolable. He shall not be liable to any
form of arrest or detention." Under Article 37 of the Vienna Convention on Diplomatic
Relations,members of the administrative and technical staff of the diplomatic mission shall, if
they are not nationals of or permanent residents in the receiving State, enjoy the privileges
and immunities specified in Article 29. Under Article 9 of the Vienna Convention on
Diplomatic Relations, the remedy is to declare the high-ranking officials and rank-and-file
employee’s personae non gratae and ask them to leave.

ALTERNATIVE ANSWER:

Under the Vienna Convention on DiplomaticRelations, a diplomatic agent "shall not be liable
to any form of arrest or detention (Article 29) and he enjoys immunity from criminal
jurisdiction (Article31).

This immunity may cover the "high-ranking officials" in question, who are assumed to be
diplomatic officers or agents. With respect to the "rank-and-filee mployees" they are covered
by the immunity referred to above, provided they are not national nor permanent residents of
the Philippines, pursuant to Article 37(2) of the said Convention.

If the said rank-and-file employees belong to the service staff of the diplomatic mission (such
as drivers) they may be covered by the immunity (even if they are not Philippine nationals or
residents) as set out in Article 37(3), if at the time of the arrest they were in "acts performed
in the course of their duties." If a driver was among the said rank-and-file employees and he
was arrested while driving a diplomatic vehicle or engaged in related acts, still he would be
covered by immunity.

Another alternate answer:

2. Lancelot Yorme, a Spaniard, went with his girlfriend, Raemar Montesa, a Filipina, to
the US Embassy to get some documents. However, Lancelot saw Raemar kiss a consul,
felt enraged, and killed Raemar while inside the US Embassy. Lancelot cannot be
prosecuted in the Philippines for the death of Raemar.

Can Lancelot be prosecuted in the Philippines?

SUGGESTED ANSWER: Yes, Lancelot may be prosecuted in the Philippine courts. In

the case of Reagan vs. Commission on Internal Revenue, it was held that while the US
Embassy is the territory of the USA, a person committing a crime in those premises will still
be prosecuted in the Philippines under the territoriality principle.

No state immunity shall apply because the crime was made by Lancelot, who does not hold a
title that shall render him immune from prosecution.

Territoriality -The ground occupied by US embassy is in fact the territory of the USA to
which the premises belong through possession or ownership. A person who committed a
crime within the premises of an embassy will be prosecuted under the law of Philippines
because of the principle of territoriality (Reagan v s. Commission on Internal Revenue, 30
SCRA 968).
Reagan Case: As a matter of fact, the eminent commentator Hyde in his three-volume
work on International Law, as interpreted and applied by the United States, made clear
that not even the embassy premises of a foreign power are to be considered outside the
territorial domain of the host state. Thus: "The ground occupied by an embassy is not
in fact the territory of the foreign State to which the premises belong through possession
or ownership