2023 Criminal Law, Q1

Catalina, a Spanish national, and Conrado, a Filipino, set up a counterfeiting factory in Shenzhen, China. Their factory produces fake United States (US) Dollars, Japanese Yen, and Philippine Pesos, which are distributed only in Europe and the US. While vacationing in Panglao, Bohol, they were arrested by a special task force of the National Bureau of Investigation on the strength of a warrant of arrest issued by a Philippine court for Counterfeiting and Forgery. Both Catalina and Conrado claimed that the Philippine court does not have jurisdiction over them since they did not commit any criminal act within the territory of the Philippines. Catalina also argued that the Philippine court does not have jurisdiction over her person as she is a Spanish citizen. Are Catalina and Conrado correct? Discuss.

Quick check

Why do Philippine courts have jurisdiction over Catalina and Conrado for counterfeiting Philippine Pesos in China?

Under the Generality Principle of Philippine criminal law, why is Catalina argument regarding her Spanish citizenship invalid?

Does the Philippine court have extraterritorial jurisdiction over the fake US Dollars and Japanese Yen produced in Shenzhen?

Under Article 2 of the Revised Penal Code, which of the following acts committed abroad falls under Philippine jurisdiction?

How did the Philippine court acquire jurisdiction over the person of Catalina while she was in Bohol?

Learn more about these topics

1. Extraterritorial Jurisdiction
Under Article 2, paragraph 2 of the Revised Penal Code, Philippine criminal law applies extraterritorially to persons who forge or counterfeit Philippine coin or currency notes. Although penal laws are generally territorial, the state extends its authority abroad to protect its currency from economic destabilization. Consequently, individuals who forge Philippine Pesos outside Philippine territory remain subject to the jurisdiction of Philippine criminal courts regardless of where the physical act of counterfeiting occurred.

2. Generality Principle
Under Article 14 of the Civil Code and established principles of criminal law, Philippine penal laws bind all persons who reside or sojourn in Philippine territory, regardless of their nationality. Subject to recognized exceptions under international law, foreign nationals visiting the Philippines are fully subject to the jurisdiction of Philippine courts for crimes within the state's judicial cognizance. A foreign citizen physically arrested within the Philippines cannot claim immunity from local jurisdiction based on alienage.

3. Foreign Currency Limits
Extraterritorial jurisdiction under Article 2 of the Revised Penal Code is strictly limited to crimes affecting Philippine national interest, such as forging Philippine Pesos, obligations, or securities. Philippine penal laws do not extend extraterritorial reach to the counterfeiting of foreign currencies, such as United States Dollars or Japanese Yen, committed entirely outside Philippine territory by individuals abroad. Thus, Philippine courts acquire jurisdiction over foreign counterfeiting acts committed abroad only insofar as they involve Philippine currency.

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The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

They are not official answers, have no connection with the Supreme Court, the Office of the Bar Confidant, or any bar review institution, and are not endorsed by any of them. Official answer keys, where released, should be preferred over anything here.Nothing on this page is legal advice, and reading it creates no lawyer-client relationship. Do not rely on any suggested answer in an actual legal matter. Consult counsel on your own facts.Suggested answers reflect the law and jurisprudence the author considers applicable as of the date shown.

Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026