Question IX-A, Political Law, 2017 Bar Exam

Ambassador Robert of State Alpha committed a very serious crime while he headed his foreign mission in the Philippines. Is he subject to arrest by Philippine authorities? Explain your answer. (3%)

Suggested Answer:

No. Answer

Under the 1961 Vienna Convention on Diplomatic Relations, a diplomatic agent shall enjoy immunity from the criminal jurisdiction of the receiving State. He shall also enjoy immunity from its civil and administrative jurisdiction. Rule

In the case at bar, Ambassador Robert of State Alpha is a diplomatic agent that enjoys diplomatic immunity. Accordingly, Philippine authorities have no criminal jurisdiction over him. Apply

Thus, Ambassador Robert is not subject to arrest by Philippine authorities. Conclusion

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