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%)
Suggested answer only. Not an official answer and not legal advice.
(a) No, Ambassador Robert cannot be arrested; (b) specialty limits trial to the extradited offense while dual criminality requires mutual criminality; and (c) yes, the agreement is effective. Under Articles 29 and 31(1), VCDR,
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Quick check
Which immunity protects a diplomatic envoy from arrest by receiving state authorities for a crime committed in the host country?
Under the Vienna Convention on Diplomatic Relations, diplomatic agents enjoy personal inviolability and absolute immunity from criminal jurisdiction.
What does the principle of specialty dictate regarding an extradited fugitive criminal?
The principle of specialty restricts prosecution solely to the specific offense specified in the extradition grant.
Which condition must be satisfied under the principle of dual criminality in extradition proceedings?
Dual criminality requires that the underlying act be recognized as a crime in both jurisdictions.
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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Learn more about these topics
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.