2017 Political Law, Q9

A. 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%)
B. Extradition is the process pursuant to a treaty between two State parties for the surrender by the requested State to the custody of the requesting State of a fugitive criminal residing in the former. However, extradition depends on the application of two principles – the principle of specialty and the dual criminality principle. Explain these principles. (4%)
C. The President signs an agreement with his counterpart in another country involving reciprocity in the treatment of each country’s nationals residing in the other’s territory. However, he does not submit the agreement to the Senate for concurrence.
Sec. 21, Art. VII of the Constitution provides that no treaty or international agreement shall be valid and effective without such concurrence.
Is the agreement signed by the President effective despite the lack of Senate concurrence? Explain your answer. (4%)

Quick check

Which immunity protects a diplomatic envoy from arrest by receiving state authorities for a crime committed in the host country?

What does the principle of specialty dictate regarding an extradited fugitive criminal?

Which condition must be satisfied under the principle of dual criminality in extradition proceedings?

Why is an executive agreement on national reciprocity effective without Senate concurrence under Article VII, Section 21?

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What legal recourse does a host state possess when a diplomatic agent commits a serious crime within its territory?

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1. Diplomatic Inviolability
Under Article 29 and Article 31(1) of the Vienna Convention on Diplomatic Relations, a diplomatic agent enjoys absolute immunity from the criminal jurisdiction of the receiving state. The person of a diplomatic agent is inviolable, meaning they are not liable to any form of arrest or detention by host authorities. Even if a diplomatic agent commits a grave criminal offense within the receiving state, host authorities cannot arrest or prosecute them. Instead, the receiving state may declare the diplomat persona non grata, request their recall, or ask the sending state to waive diplomatic immunity.

2. Extradition Principles
Extradition relies on the fundamental doctrines of specialty and dual criminality. Under the principle of specialty, a requested state surrenders a fugitive only for the specific offenses designated in the extradition request and underlying treaty. Consequently, the requesting state cannot prosecute or punish the extradited individual for any pre-extradition offense other than that for which extradition was granted. Meanwhile, the principle of dual criminality dictates that the act committed by the fugitive must constitute a punishable crime under the domestic penal laws of both the requesting state and the requested state at the time of commission.

3. Executive Agreements
Under Philippine constitutional law, international agreements signed by the President are categorized into formal treaties and executive agreements. While Article VII, Section 21 of the 1987 Constitution mandates Senate concurrence for formal treaties, executive agreements do not require legislative approval to become valid and effective. Executive agreements adjust detail to carry out well-established national policies, implement prior treaties, or establish temporary administrative arrangements based on executive reciprocity. An agreement adjusting foreign national treatment based on reciprocity falls within executive powers, making it legally binding and effective despite the absence of Senate concurrence.

About these questions and answers
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