General Principles; Territoriality (2008)

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%)

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) If Eunice gave her consent to the

second marriage, what will your answer be? Explain. (3%)

SUGGESTED ANSWER:

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

No. III. b. What are the constitutional provisions limiting the power of Congress to enact penal
laws? (5%)

SUGGESTED ANSWER:

The constitutional provision limiting the power of Congress to enact penal laws are the
following:

1. The law must not be an ex post facto law or it should not be given a retroactive effect.

2. The law must not be a bill of attainder, meaning it cannot provide punishment without
judicial proceedings.

3. The law must not impose cruel, unusual or degrading punishment.

4. No person shall be held to answer for a criminal offense without due process of law.
No. IX. a. Define conspiracy. (5%)
When two or more persons come to an agreement concerning the commission of a felony and
decide to commit it, there is conspiracy.