a. Territoriality Principle

What is Territoriality Principle?

The fundamental source of jurisdiction is sovereignty over territory. A State generally has jurisdiction to prescribe, adjudicate and enforce rules for conduct that occurs within its territory, subject to applicable international-law limits; that jurisdiction is not necessarily exclusive. (Bernas, Public International Law, 2009)

What are the two principles of effects doctrine?

What are the subjective and objective territorial principles?

• Subjective territorial principle – a state has jurisdiction to prosecute and punish for crime commenced within the state but completed or consummated abroad.
• Objective territorial principle – a state has jurisdiction to prosecute and punish for crime commenced without the state but consummated within its territory. (Bernas, Public International Law, 2009)

Limitation:

• Express grant by law
• Territoriality, meaning power is exercisable only within territorial limits of the local government unit, except for protection of water supply.
• Does not contravene the equal protection clause
• Does not contravene due process
• Must not be contrary to law