Generality - If the accused attacks the jurisdiction of the court

because of the unique characteristic of his person (e.g. he is a foreigner,

military, ambassador, President), the applicable principle is generality. If
the accused attacks the jurisdiction of the court due to the unique
characteristic of the place where the crime was committed (e.g. foreign
vessel, embassy or high sea), the applicable principle is territoriality.

a. Consular and diplomatic immunity - Consular officers are

immune from criminal prosecution of acts performed in the exercise of
function (1967 Convention on Consular Relation). Immunity does not cover
slander (Liang vs. People, GR No. 125865, January 28, 2000), or reckless
imprudence resulting in homicide for not being function-related. A Chinese
diplomat, who killed another Chinese diplomat in Cebu, is immune from
criminal prosecution (The Vienna Convention on Diplomatic Relations).
Unlike consular officers, diplomatic agents are vested with blanket
diplomatic immunity from civil and criminal suits (Minucher vs. Hon. CA,
G.R. No. 142396, February 11, 2003).

b. Presidential immunity - The presidential immunity is subject the

following conditions: (1) the immunity has been asserted during the period
of his incumbency and tenure; and (2) the act constituting the crime is
committed in the performance of his duties.This immunity will assure the
exercise of presidential functions free from any hindrance, considering that
the Chief Executive is a job demands undivided attention (Estrada vs.
Desierto, G.R. No. 146710-15, March 2, 2001).

It is submitted that a Vice-President even during his tenure could not

invoke immunity from criminal prosecution for plunder on the following
reasons: (1) plunder are not his official conducts as Vice-President; (2) the
job of the Vice-President unlike the head of the executive department does
not demands undivided attention; (3) and the implementation principal
penalty of imprisonment for plunder is not inconsistent with the
constitutional provision on non-removal of impeachable officer except
through impeachment since he can function as Vice-President while
serving sentence in prison.However, accessory penalty of disqualification,
which involved removal from office, is not implementable since the
enforcement thereof will offend the constitutional provision on non-removal
of impeachable officer.
 c. Parliamentary immunity - An incumbent Senator is not immune
from suit for being a protector or coddler of trading of dangerous drugs
under RA No. 9165. Legislator’s immunity is confined to parliamentary
privilege from arrest while the Congress is in session in all offenses
punishable by not more than 6 years imprisonment and parliamentary
immunity from prosecution for libel in connection with any Congressional
speech or debate.