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Sunday, August 8, 2010

Territoriality

CRIMINAL LAW QUESTION 1994

Abe, married to Liza, contracted another marriage with Connie in Singapore. Thereafter, Abe and Connie returned to the Philippines and lived as husband and wife in the hometown of Abe in Calamba, Laguna. Can Abe be prosecuted for bigamy?

SUGGESTED ANSWER:
No, Abe may not be prosecuted for bigamy since the bigamous marriage was contracted or solemnized in Singapore, hence such violation is not one of those where the Revised Penal Code, under Art. 2 thereof, may be applied extraterritorially. The general rule on territoriality of criminal law governs the situation. 

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