-X-
The Philippines entered into an international agreement with
members of the international community creating the International
Economic Organization (IEO) which will serve as a forum to
address economic issues between States, create standards,
encourage greater volume of trade between its members, and
settle economic disputes. After the Philippine President signed
the agreement, the Philippine Senate demanded that the
international agreement be submitted to it for its ratification. The
President refused, arguing that it is an executive agreement that
merely created an international organization and it dwells mainly
on addressing economic issues among States.
Is the international agreement creating the IEO a treaty or an
executive agreement? Explain. (5%
-XI-
The USS Liberty, a warship of the United States (U.S.), entered
Philippine archipelagic waters on its way to Australia. Because of
the negligence of the naval officials on board, the vessel ran
aground off the island of Pala wan, damaging coral reefs and
other marine resources in the area. Officials of Palawan filed a
suit for damages against the naval officials for their negligence,
and against the U.S., based on Articles 30 and 31 of the United
Nations Convention on the Law of the Sea (UNCLOS). Article 31
provides that the Flag State shall bear international responsibility
for any loss or damage to the Coastal State resulting from
noncompliance by a warship with the laws and regulations of the
coastal State concerning passage through the territorial sea. The
U. S. Government raised the defenses that:
[a] The Philippine courts cannot exercise jurisdiction over another
sovereign State, including its warship and naval officials. (2.5%)
[b] The United States is not a signatory to UN CLOS and thus
cannot be bound by its provisions. (2.5%)
Rule on the validity of the defenses raised by the U.S., with
reasons.
-XIV-
Onofre, a natural born Filipino citizen, arrived in the United States
in 1985. In 1990, he married Salvacion, a Mexican, and together
they applied for and obtained American citizenship in 2001. In
2015, the couple and their children --Alfred, 21 years of age,
Robert, 16, and Marie, 14, who were all born in the U.S. --
returned to the Philippines on June 1, 2015. On June 15, 2015,
informed that he could reacquire Philippine citizenship without
losing his American citizenship, Onofre went home to the
Philippines and took the oath of allegiance prescribed under R.A.
No. 9225. On October 28, 2015, he filed a Certificate of
Candidacy to run in the May 9, 2016 elections for the position of
Congressman in his home province of Pala wan, running against
re-electionist Congressman Profundo.
[a] Did Onofre's reacquisition of Philippine citizenship benefit his
wife, Salvacion, and their minor children and confer upon them
Filipino citizenship? Explain your answer. (2.5%)
[b] Before the May 9, 2016 elections, Profundo's lawyer filed a
Petition to Deny Due Course or to Cancel the Certificate of
Candidacy against Onofre. What grounds can he raise in his
Petition to support it? Explain your answer. (2.5%)
-XVII-
[a] Define the archipelagic doctrine of national territory, state its
rationale; and explain how it is implemented through the straight
baseline method. (2.5%)
[b] Section 2 of RA 9522 declared the Kalayaan Island Group
(KIG) and Scarborough Shoal as "Regimes of Islands." Professor
Agaton contends that since the law did not enclose said islands,
then the Philippines lost its sovereignty and jurisdiction over them.
Is his contention correct? Explain. (2.5%)
III.
State A and State B, two sovereign states, enter into a 10-year
mutual defense treaty. After five years, State A finds that the
more progressive State B did not go to the aid of State A when it
was threatened by its strong neighbor State C. State B reasoned
that it had to be prudent and deliberate in reacting to State C
because of their existing trade treaties.
(a) May State A now unilaterally withdraw from its mutual defense
treaty with State B? Explain your answer. (2.5%)
(b) What is the difference between the principles of pacta sunt
servanda and rebus sic stantibus in international law? (2.5%)
(c) Are the principles of pacta sunt servanda and rebus sic
stantibus relevant in the treaty relations between State A and
State B? What about in the treaty relations between State B and
State C? Explain your answer. (2.5%)
IX.
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%)
