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  MATIAS, MICHELLE DULCE CANDELARIA 2014-0659  Assignment in Remedial Law 1  Atty. Jose Parungo Saturday 8-12NN/ FCJ 205 2 nd  Sem SY 2018-2019 Problem: Your client, a handsome oncologist and MMA, boarded a KLM plane bound for the USA. 3 hours into flight (prob already in Taiwan), his seatmate, Kate Beckinsale, a resident of London, kissed him in the mouth which offended him. Upon reaching San Francisco, he called you to file a complaint against Kate for Unjust Vexation. 1. Where will you file your complaint?  As counsel, I will file the complaint in the proper courts of Netherlands since jurisdiction is explicitly provided to the state in which the aircraft is registered. Since KLM Royal Dutch Airlines is the flag carrier airline of the Netherlands and that the offense was committed during its international flight, it is only proper to file a complaint in the courts of the state of registry of such carrier, which is in the Netherlands. Based on the Tokyo Convention, during the flight of aircrafts, the state of registry of aircraft possesses  jurisdiction over in-flight or on-board crimes/offenses. The convention also allows jurisdiction to the state of the offender, and the state of the victim in cases of offense committed while the aircraft is on-flight. The Rules provided in Rule 110 Section 15 (b) of the Rules of Court that (b) Where an offense is committed in a train, aircraft or other public or private vehicle while in the course of its trip, the criminal action shall be instituted and tried in the court of any municipality or territory where such train, aircraft or other vehicle passed during its trip, including the place of its departure and arrival is only applicable in domestic flights, trips or voyage within the territorial jurisdiction of the Philippines. 2. Would it make a difference if the offender is likewise a Filipino? Discuss with full legal basis. Cite cases if there are. Yes, the Tokyo Convention also allows jurisdiction to the state of the injured party or in the state of the offender. Since both of the parties are Filipino, Philippine courts may acquire jurisdiction to the case at bar.    3. Read Sangco’s  book on Torts and Damages re: Death of the Accused. Summarized. In the case at bar, the KLM plane which departed from the Philippines bound to USA, that during the course of its trip, the offense was committed in Taiwan. Since the offense of unjust vexation was committed against my client by Kate Beckinsale during the course of its trip and passed through Taiwan, we can file the complaint, institute and tried in the court of any Municipality in Taiwan.  Also, the complaint may be filed in the place of departure and arrival of the aircraft, so we can file it either in the Philippines or in the USA. `

class notes.docx

Apr 15, 2019


Apr 15, 2019
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