Under the territoriality principle of Criminal Law, as provided in Article 2 of the RPC, the

provisions of the code apply only to offenses committed within the territorial jurisdiction of the
country. However, under Criminal Procedure, before a court exercises criminal jurisdiction
there are three requisites that should be present: (1) Jurisdiction over the subject matter; (2)
Jurisdiction over the accused, and; (3) Jurisdiction over Territory. Criminal complaint may still
be filed in accordance with Rule 110 of the Rules of Court but the case may not proceed if the
Court requires that they should have jurisdiction over the person of the accused.

Under International Law, a State has a passive personality, meaning, its jurisdiction is based
on the nationality of the victim. This principle has not been ordinarily accepted for ordinary
crimes and torts, but is increasingly accepted for crime of terrorism & other organized
attacks on a State’s nationals by reason of their nationality.

EXTRADITION

Under Public International Law, extradition in the Philippines may come into effect when the
Philippine government and a foreign government sign an agreement through a treaty to be
ratified by both parties. However, each extradition treaty has its own rules as to how the
extradition is to be proceeded.

Principle of Double Criminality

This principle states that in order that extradition is granted or honored, the crime for which
extradition is requested must be a crime in both the requesting state and the state to which the
fugitive has fled.

According to the DOJ Official Website, the following are the countries which have extradition
treaty with the Philippines:

1. Australia
2. Canada
3. China
4. Hong Kong Special Administrative Region
5. India
6. Indonesia
7. Korea
8. Micronesia
9. Russia
10. Spain
11. Switzerland
12. Thailand
13. UK
14. US