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Q. (2006) In 1980, the United States filed
b. Is the Philippines in breach of any with the International Court of Justice a
obligation under international law? Explain. complaint against Iran alleging that the latter
is detaining American diplomats in violation
FIRST ALTERNATIVE ANSWER: of International Law. Explain how the
International Court of Justice can acquire
The acts of the City Mayor may be jurisdiction over these contending countries.
attributed to the Philippines under the 5%
principle of state responsibility. Article 26 of
the International Covenant on Civil and SUGGESTED ANSWER:
Political rights requires that Philippine law
shall prohibit any discrimination and shall 1. The International Court of
guarantee to all persons equal and effective Justice acquired jurisdiction over the United
protection against discrimination on any States and Iran by virtue of the
ground such as social origin, birth or other compromissory clause in the Treaty of
status. The Executive Order of the City Amity, Economic Relations and Consular
Mayor discriminates against poor women. Rights between them and the Optional
Protocols to the Vienna Convention on
SECOND ALTERNATIVE ANSWER: Diplomatic Relations and the Vienna
Convention on Consular Relations, of which
The Philippines is not in breach of the United States and Iran are both parties.
any obligation under international law. The
expropriation of a lot owned by Christina as
ANOTHER SUGGESTED ANSWER: site for its municipal sports center. This was
approved by the Mayor. However, the
6. The ICJ can acquire Sangguniang Panlalawigan of Ilocos Sur
jurisdiction over parties only with their disapproved the Resolution as there might
consent. In the case of Iran and the United still be other available lots in Santa for a
States, that consent may be expressed in 3 sports center.
ways:
Nonetheless, the Municipality of
(a) Compromise, in which states Santa, through its Mayor, filed a complaint
voluntarily submit to ICJ jurisdiction in for eminent domain. Christina opposed this
relation to a specific dispute; on the following grounds: (a) the
Municipality of Santa has no power to
(b) Compulsory jurisdiction expropriate: (b) Resolution No. 1 has been
under the Optional Clause, in which a state voided since the Sangguniang Panlalawigan
may in advance declare that it will be disapproved it for being arbitrary; and (c)
subject to ICJC jurisdiction in future the Municipality of Santa has other and
disputes, subject to reservation; and better lots for that purpose.
(c) If there are other lots that
are Better and more appropriate for the
municipal sports center, the lot owned by
Christina should not be expropriated. Its
choice is arbitrary. [Municipality of
Meycauayan v. Intermediate Appellate
Court, 157 SCRA 640 (1988)].
23. Powers of Executive Department
SUGGESTED ANSWER:
1. The callingout power of the
President refers to the power of the President
to order the armed forces, whenever it
becomes necessary, to suppress lawless
violence, invasion or rebellion (David v
Macapagal Arroyo, G.R. No. 171396, May
3, 2006).