Lambda Rho Beta Fraternity - Lambda Rho Sigma Sorority

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Lambda Rho Beta Fraternity - Lambda Rho Sigma Sorority

(SHARING AND REPRODUCING WITHOUT CONSENT IS STRICTLY PROHIBITED.)
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PUBLIC INTERNATIONAL LAW
1. State the definition of International Law.

Law that deals with the conduct and relations of states and other entities vested with international
personality, as well as natural or juridical persons in instances of interest to the international
community.
2. What is the principle of jus cogens?

Customary International Law with the status of a peremptory (absolute, uncompromising, certain)
norm shall not be derogated and can be modified only by a subsequent norm having the same
character. Examples: customs outlawing slave trade, piracy, genocide, terrorism, official torture,
etc.
3. What are the sources of International Law?

Article 38, Statute of the International Court of Justice – (i) Treaties or Conventions, (ii)
International Customs (practiced by a number of states for a considerable period and with the sense
of legal obligation [opinio juris], (iii) General Principles of Law, (iv) Judicial decisions, Opinions of
jurists like Justice Coquia of the Philippines.
Equity is also a source of International Law. Art. 38 (2) provides that the ICJ may decide cases ex
aquo et bono (by what is fair and good)
4. What is an “instant custom”?

A binding customary rule established by the spontaneous activity of a great number of states and need
not be observed for a considerable period.
5. Is International Law true law?

2 views:
- Austinian concept- not true law because it is not being enforced by a sovereign political authority
with power to penalize violations.
- Natural law theory – true law because states naturally observe what is right, otherwise-- adverse
world public opinion, sanctions or reprisals, enforcement through UN machinery, acts of retorsion,
political/economic retaliation, etc.
6. What is the relation of International Law to Municipal Law?

Relation between international law and municipal law
- monist - same as municipal law
- dualist – distinct from each other by purpose. International law becomes part of municipal law by
incorporation or transformation
7. What is meant by doctrine of incorporation and transformation?

(a) Incorporation
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 Art. II, Sec. 2 - “The Philippines renounces war as an instrument of national policy, adopts
the generally accepted principles of international law as part of the law of the land, and
adheres to the policy of peace, equality, justice, freedom, cooperation and amity with all
nations.”
(b) Transformation – enactment of a local law patterned after an international law thus transforming an
international rule into a local rule.
8. State and explain some provisions of the Philippine Constitution, which concern International Law?
Art. 1 (National Territory); Art. 11 (2) Incorporation, (4) defense of state, (7) independent foreign
policy, (8) freedom from nuclear weapons; Art. 111(6) liberty of abode; Art. IV Citizenship; Art. VI
(23) state of war; Art. VII (21) treaty; Art. VIII (5) cases affecting ambassadors; Art. XII(2)
ownership of lands and exploration of resources; Art. XVIII (4) treaties (25) foreign military troops.
9. Is the individual personally liable for international crimes? (Yes, an individual may be a subject of
international law (terrorism, war crimes, etc. Bin Laden, Nuremberg judgement and International Tribunal
for Bosnia and Rwanda)
10. In case a national statute is in conflict with a treaty, which should prevail? Is your answer the same with
respect to the constitution in conflict with treaty?
Depends on what court is deciding: Domestic Tribunal – constitution prevails; regulatory statutes
further to police power prevails; ordinary legislative statute and a treaty may repeal each other
depending on which issuance was later. International Tribunal – treaty prevails
11. Who has the power to recognize a State or Government? May said recognition of a state be withdrawn?
(Executive Head - Political act; Recognition of State is permanent)
12. Is there an obligation of the Government to recognize? (No) Why? (Political Act, purely discretionary and
a matter of foreign policy)
13. What is the Tobar or Wilson Doctrine? (Must show stable government and people support) – The doctrine
precludes recognition of government established by revolutionary means until the constitutional
reorganization by the free election of representatives.
14. What is the Estrada Doctrine? (A country dealing with representatives of the government in actual control
of another country for the protection of its citizens in the territory of the latter state does not necessarily
mean the recognition of the said government)
15. What are the legal consequences of recognition of a state and belligerent communities?
(1) diplomatic relations
(2) right to sue in courts of recognizing state
(3) immunity from jurisdiction
(4) entitlement to property of state within recognizing state

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(5) recognition being retroactive, validates past acts of recognized state or government (i.e., act of state
and sovereign immunity covers past, present and future acts)
16. What are the conditions for recognition of a belligerent state?

(1) Organized civil government having control and supervision over the armed struggle
(2) Serious and widespread struggle
(3) Occupation of a substantial portion of the national territory
(4) Willingness on the part of the rebels to observe rules/customs of war
- In the absence of any of above conditions – no belligerency but only a state of insurgency,
which is rarely recognized because this will be intervention in the domestic affairs of another
state.
17. What is meant by continuity of State?

The State continues as a juristic being notwithstanding changes in its circumstances, provided only
that they do not result in the loss of any of the essential elements of statehood.
18. What are the fundamental rights of States? (Existence, self-defense, territory, independence, equality,
immunity, diplomatic intercourse, property)
19. What legal basis can you cite for the right of existence and self-defense? (Art. II, Phil. Constitution and Art.
51, UN Charter which recognizes the inherent right to individual or collective self-defense if an armed
attack occurs against such state)
20. Explain the restrictive application of State immunity. (Immunity only for purely governmental functions
(jure imperii) and not for purely proprietary acts. Execution of contracts in furtherance of sovereign
functions shall not result to an implied waiver of immunity from suit)
21. What are the fundamental duties of States? (Non-intervention, observe rights of other states, comply with
treaty stipulations and other obligations arising from membership in international organizations, maintain
peace, respect international law)
22. What is meant by intervention? (Interference in internal and external affairs of a state. It is illegal – except
in cases of individual or collective self-defense, explicit treaty provision, UN authorization based on
humanitarian grounds or the need to maintain international peace)
23. State and explain what is meant by State responsibility to aliens. (State has the primary obligation to afford
protection to an alien. A state is responsible for injury inflicted upon an alien if caused by an act or
omission imputable to the state, in violation of international standards of justice.
24. What is meant by International Standard of Justice? (Elements of due process under ordinary norms of
official conduct. Thus, to constitute an international delinquency, the treatment of an alien should amount to

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an outrage, bad faith, willful neglect of duty, and insufficiency of governmental action that every reasonable
and impartial man would readily recognize its insufficiency)
25. Philippines not liable for death or injury to alien hostages of the abu sayaff, unless it is shown to have
participated directly or was remiss or negligent in taking measures to prevent injury, investigate the case,
punish the guilty, or to enable the victim or his heirs to pursue civil remedies.
26. In case of injuries inflicted upon a foreigner in the course of quelling a rebellion, state responsibility will
attach only if the rebellion succeeds and the rebels will take control of the state, but not when the legitimate
government remains in power, unless it fails to observe the minimum international standard for the
protection of aliens.
27. Explain the right of the State to admit and expel aliens.
No state is under obligation to admit aliens

State imposes conditions on the admission of aliens
State can expel aliens from its territory - deportation/ reconduction
Alien must accept the institutions of the state as he finds them
Alien may be deprived of certain rights (political rights, acquire land, etc.)
Local law may grant alien certain rights, privileges based on
(a) reciprocity
(b) most-favored-nation treatment
(c) national treatment
Privileges conferred may be revoked
28. May a State abrogate a loan contract with an alien? (No, must respect loan agreements unless political in
nature)
29. What is the procedure for international claims of aliens? (Exhaustion of local remedies - State as party
claimant; diplomatic intervention, arbitration, international Court of Justice by agreement)
30. Explain the Archipelagic doctrine. (Draw baselines around islands to form one unit)
Archipelagic states (coastal /mid-ocean) - group of islands, interconnecting waters and other
features, closely interrelated that they form an intrinsic geographical, economic, and political entity
or which historically has been regarded as one. Straight baselines are drawn to connect the
outermost points of outermost islands and drying reefs. Territorial Sea shall be measured from the
baselines.
31. What is the extent of jurisdiction over maritime territory ?

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UN Convention on the Law of the Seas
 Internal waters (i.e. rivers, lakes, canals, bays, gulfs) –absolute jurisdiction
 Territorial sea (12 nautical miles from low water mark or archipelagic baselines)– full
jurisdiction except innocent passage. Passage is innocent if it is not prejudicial to the peace,
good order, or security of the coastal state. Innocent passage not applicable to airplanes.
 Contiguous zone (12 nautical miles from limits of the territorial sea or 24 nautical miles from
the low water mark or archipelagic baselines) - limited jurisdiction (only for enforcement of
Customs, Immigration, Fiscal, and Sanitation laws)
 Exclusive Economic Zone (200 nautical miles for low water mark or archipelagic
baselines)f– only for exploitation of natural resources
 Continental shelf - same as EEZ
 High seas – no jurisdiction except over universal crimes and events on board ship
32. What are internal waters of an archipelagic state? (All waters inside the baselines)
Phil. Sovereignty extends to these archipelagic waters subject to the right of Innocent passage and
archipelagic sea lane and air route passage. Innocent passage through archipelagic waters may be
suspended by the state but the same must first be published.
33. What is the Exclusive Economic Zone. (200 nautical mile to be devoted for economic purposes of the State
and is free for international navigation. Not part of the territory of coastal state, but has jurisdictional rights
over artificial islands, environmental protection and maritime scientific research facilities thereat.
Sovereign rights for exploitation -living and non-living resources

Give other states access to surplus of living resources
34. What is the doctrine of hot pursuit? State authorities can pursue an offender up to high seas until he enters
the territorial sea of another State)
Pursuit must commence from Internal Waters, Territorial sea, or Contiguous Zone, of pursuing state
uninterrupted pursuit
conducted by warship, military aircraft, or government ships authorized for the purpose.
35. What is meant by the deep sea as part of the common heritage of mankind? (Resources of the deep seabed
owned by all States. All rights to the resources of the area are vested in mankind as a whole. The Enterprise
(organ of the Deep Sea Bed Authority) shall explore and exploit the area.
36. Explain the legal basis of the claim of the Philippines over the Kalayaan Group. (PD 1596- History,
indispensable need, occupation, control and exercise of jurisdiction)
37. As a mode of acquiring territory, discovery merely gives an inchoate title that must be perfected by
effective occupation and exercise of jurisdiction

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38. What is the aerial domain of the State? (Up to a certain height but depends on the capacity to control by the
State. 3 theories are the Satellite test, theoretical limits of air flights, functional approach)
39. What do you mean by Jurisdiction of State?

Power, authority, sovereignty or legal control exercised by a state over land, persons, property,
transactions, and events in its territory.
40. Has the State jurisdiction over its nationals residing abroad? (Generally no except in nationality law theory
(i.e. Art. 15, Civil Code; Art. 2, R. P. C.; Taxation of citizens even abroad)
41. Criminal jurisdiction under the Visiting Forces Agreement-

Exclusive jurisdiction over US personnel
-Offenses punishable under Phil laws but not under US laws – Philippines
-Offenses punishable under US laws but not under Phil laws - US
Concurrent jurisdiction
-Phil authorities shall have primary right to exercise jurisdiction over all offenses committed by US
personnel except:
a) violations of US military laws;
b) Offenses punishable under US laws but not under Phil laws;
c) Offenses solely against the property or security of the US or against the property or
person of US personnel;
d) Offenses arising out of any act or omission done in performance of official duty.
*in abcd above the US Military authorities have primary jurisdiction.
The authorities of either government may request the authorities of the other government to waive
the primary right to exercise jurisdiction in a particular case.
Upon request by the US, Phil authorities may waive primary jurisdiction over offenses committed by
US personnel except cases of particular importance to the Philippines such as violations of the
Heinous Crimes Act, Anti-Drugs Law, Anti-child abuse law.
42. The constitutionality of the VFA was upheld in Bayan vs. Zamora, as it complied with the 3 requirements of
Sec 25, Article XVIII of the Constitution- (a) must be a treaty; (b) concurred in by the senate and, when
required by congress, ratified in a national referendum; (c) recognized as a treaty by the other contracting
state. The third requirement was met notwithstanding that there was no concurrence by the US senate as in a
case of a treaty. For as long as the US accepts or acknowledges the VFA as a treaty, and binds itself further
to comply with its obligations under the treaty, there is marked compliance with the mandate of the
constitution.
43. Explain the extent of Jurisdiction of a state over other states and foreign embassies and consulates.
Doctrine of sovereign immunity- equality and independence, state is immune from the exercise of
jurisdiction by another.

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- Syquia v. Lopez; US v. Ruiz; Sanders v. Veridiano; ; Jusmag v. NLRC ( security assistant
support personnel- Illustrator ll) – sovereign functions, immunity recognized;
- U.S. v. Guinto (barber shop); US v. Rodrigo (cook) -proprietary functions, immunity
waived.
Act of state doctrine - Underhill v. Hernandez - The courts of one country will not sit in judgment on
the acts of the government of another country done within the latter’s territory.
- Republic v. Marcos- Acts of torture, execution, and disappearance were clearly acts outside of
president’s authority not protected by the act of state doctrine.
Diplomatic Immunity- Customary international law granting immunity in favor of diplomatic

persons to uphold their dignity and to allow the free and unhampered exercise of their functions
(Vienna Diplomatic Convention).
- Holy See v. Rosario - sale of parcel of land not commercial in nature. Clothed with
governmental character –immunity recognized.
- A Foreign state may acquire property in receiving state for diplomatic mission.
- Immunity of diplomatic envoy from civil jurisdiction of receiving state over any real action
relating to immovable property which the envoy holds in behalf of sending state for purposes
of the mission. With more reason that the sovereign itself should be entitled to immunity.
Immunity of UN specialized agencies/International Organizations/and officers. – “shall enjoy such

privileges and immunities as are necessary for the independent exercise of their functions (i.e. legal
processes (search, requisition, confiscation, expropriation or any other form of interference); taxation
on salaries; national service obligations; immigration restrictions; generally same rights as diplomats
of comparable rank;
- In International Catholic Migration v. Calleja; Lasco v. UN Revolving Fund; SEAFDEC v.
NLRC; DFA v. NLRC; Callado v. IRRI, observance of the immunity in favor of these
international organizations was necessary:
-To secure legal and practical independence in fulfilling duties; and
-To shield affairs from political pressure or control by the host country and to ensure the
unhampered performance of functions;
- No conflict between constitutional duty of state to protect rights of workers
- Specialized agency shall make a provision for appropriate modes of settlement of disputes
arising out of contracts or other disputes of private character;
- Estoppel does not apply to confer jurisdiction to a tribunal that has none over a cause of
action
- Immunity may be waived by the entity not by employees or agents;
- IRRI Director General may waive but not through a memorandum meant for internal
distribution
- The Department of Foreign Affairs may file an action against the NLRC relative to immunity
of an international organization.

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44. What is the jurisdiction of a State over foreign vessels within its territory? (English and French Rule) it has
jurisdiction if commission of the offense affects the peace and order, interest, security of the coastal state.
No jurisdiction if it affects only the internal affairs of the ship.
45. What is meant by the Territoriality Principle? (Can only prosecute crimes within the State); Nationality
theory? (Can prosecute citizens even outside territory); Protective principle theory? (Can prosecute crimes
committed outside territory for protection of vital interests and national security); Universality Principle
(Any state has jurisdiction over universal crimes committed anywhere)
46. How is nationality acquired? (Art. IV, Constitution, birth, naturalization, marriage, etc.)
47. May a state deprive its nationals of citizenship? (No, until another one is acquired except in cases of
denaturalization)
48. Explain the rules on dual or multiple nationality. Constitution abhors dual allegiance but not dual
nationality.
Local GC- dual citizenship means dual allegiance.
- Mercado vs. Manzano
49. In Co vs. HRET, the doctrine of implied election was applied for the purpose of classifying Mr. Ong as a
natural born Filipino. As a Filipino by derivative naturalization, it would have been absurd to require Mr.
Ong to make the formal election prescribed by law. Thus, by his affirmative acts manifesting his resolve to
be considered a Filipino, he was considered a natural born citizen pursuant to Section 2, Article IV of the
Constitution). But in In re: Vicente Ching, it was held that the person required to elect must make a formal
election by filing a sworn declaration and an oath of allegiance before the Civil Registrar, as he cannot
be favored by the rule of implied election. It may be concluded then that the doctrine of implied election
will apply ONLY if the elector has already become a Filipino at the time of reaching the age of majority by
the other modes of acquiring citizenship and the only issue is whether or not he can be considered a natural
born citizen. If the issue is whether or not he is a Filipino by election, the doctrine of implied election will
not apply.
50. Explain the rules governing Statelessness. (Same rights as aliens; Convention on Statelessness)
51. Who are the citizens of the State? (Determined by municipal law, Hague Convention of 1930)
52. How is the citizenship of women married to aliens determined? (Art. IV, 4. Moya Lim Yao Case – an alien
woman married to a Filipino shall ipso facto acquire Philippine citizenship provided she has none of the
disqualifications. It is opined that she can prove she has none of the disqualifications in an administrative
proceeding for cancellation of her alien certificate of registration)
53. What do you mean by diplomatic intercourse? Right to legation? (To establish diplomatic mission; send
and receive diplomatic representatives)

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54. Who has the power to conduct foreign relations? (Executive branch of government)
55. What are the functions of Ambassadors? (Represent heads of the State; to promote relations, protect own
national and make reports)
56. What is the extent of diplomatic privileges or immunities?
* Privileges and Immunities

1.) Personal Inviolability - not liable to any form of arrest or detention.
R.A. 75 penalizes a person who assaults, strikes, wounds, offers violence to the person of an
ambassador (in addition to RPC penalties and subject to the rules of reciprocity)
- except self-defense
- reasonable physical restraint
2.) Inviolability of premises and archives

- premises occupied by the mission receiving state may not enter without
- private residence of diplomatic agent the consent of the envoy except -
extreme necessity
- Fatemi vs. US, inviolability of Iranian Embassy cannot be invoke if Ambassador requests for local
police assistance.
In Reyes V. Bagatsing the Supreme Court ruled that the permit should be granted - peaceable assembly.
However, it took note of Art. 22 of Vienna Convention which provides that receiving state has special duty
to protect premises against invasion, damages, or any act tending to disrupt the peace and dignity of the
mission
* premises, furnishings, other property, transportation - immune from search, requisition, attachment
or execution
* archives and documents wherever found - receiving S must respect and protect confidentiality of
records/documents
* service of writs, summons, orders or process within premises or residence of envoy prohibited
* criminal seeking refuge may not be pursued - but to be turned-over upon request save asylum
3.) Right of official communication

- no interference with the right to communicate to sending state or other envoys in receiving state by
any means
4.) Immunity from local jurisdiction - (criminal) whether for official or private acts. Remedy is to ask for
recall.
* Immunity from civil/administrative jurisdictions not absolute. Exceptions are:

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(a) real action relating to private immovable found in receiving state
(b) action relating to succession - diplomat is executor, administrator, heir/legatee
(c) action relating to professional/commercial activity in the receiving state outside of official functions.
Measures of execution may be taken against envoy provided that it will be done without infringing the
inviolability of his person or residence.
* Minucher v. Court of Appeals - may be sued in his private and individual / personal capacity
* Shauf v. Court of Appeals - immunity does not protect a public official who is sued in his private and
personal capacity as an ordinary citizen.
5.) Exemption from subpoena - Diplomats cannot be compelled to testify (judicial or administrative)
without the consent of their governments. Not even by deposition.
6.) Exemption from Taxation - All dues/taxes (personal, real, national, regional, municipal) except
(a) indirect taxes
(b) dues/taxes on private real property in receiving state unless being held on behalf of sending state for the
purpose of the mission
(c) estate, inheritance, succession
(d) taxes on private income and source from receiving state and capital taxes on investments in commercial
ventures in receiving state
(e) charges levied for specific services
(f) registration, court or record fees, mortgage dues, stamp duty with respect to immovable
7.) Exemption from customs duties/taxes.

- articles for use of mission
- personal use of envoy or family (household)
- baggage and effects entitled to free entry and normally without examination
- Articles addressed to ambassadors, ministers, charges de affairs, exempt from customs inspection
- Articles addressed to representatives other than chiefs of mission - usual customs treatment
57. What are the functions of the consul? ((Commercial representative strictly not a diplomatic representative.
Processing of visas and passports; promote trade relations, protect nationals; authenticate documents,
arrange the transport of deceased; supervise vessels and aircrafts; solemnize marriage; take deposition)
58. How are diplomatic and consular privileges terminated? (Recall, diplomatic break, end of mission,
retirement, declaration of persona non-grata, death, war)
59. What is diplomatic asylum? (Refuge in diplomatic premises). What is political asylum? (Refuge in
another state for political offense, danger to life, no assurance of due process)
60. Define extradition (Formal agreement where the authorities of a state shall surrender fugitives taking refuge
in its territory in favor of a requesting state for purposes of prosecution and imposition of penalty)
61. What is the principle of specialty? (Can be prosecuted only of the crime for which he was extradited)

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62. What are political offenses? (Offenses relating to resistance to government or political convictions – these
are not extraditable. Religious crimes are not extraditable too). Under the attentat clause, the killing of a
head of state shall be classified as a political offense.
63. Extradition treaty may be applied retroactively; it is not a criminal legislation subject to the ex-post facto
rule.
64. State the procedure for extradition. (Judicial and diplomatic process of request and surrender)
PD 1069
(1) Request through diplomatic representative with:
(a) decision of conviction
(b) criminal charge and warrant of arrest
(c) recital of facts
(d) text of applicable law designating the offense
(e) pertinent papers
(2) DFA forwards request to DOJ

(3) DOJ files petition for extradition with RTC
(4) RTC issues summons or warrant of arrest to compel the appearance of the individual
(5) hearing (provide counsel de officio if necessary)
(6) appeal to CA within ten days whose decision shall be final and executory
(7) Decision forwarded to DFA through the DOJ
(8) Individual placed at the disposal of the authorities of requesting state – costs and expenses to be
shouldered by requesting state.
* A state may not compel another state to extradite a criminal without going through the legal processes
provided in the laws of the former.
due process requirement complied at the RTC level upon filing of petition for extradition. No need to
notify the person subject of the extradition process when the application is still with the DFA or DOJ
Extradition is not a criminal proceeding which will call into operation all the rights of an accused
provided in the bill of rights.
For the provisional arrest of an accused to continue, the formal request for extradition is not required to
be filed in court- it only needs to be received by the requested state in accordance with PD 1069.
65. Define non-refoulment. (Refugee should not be returned to the State that persecutes him; Mutual assistance
in criminal matters - US authorities)
No contracting state shall expel or return a refugee to the territories where his life or freedom would
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66. What is a treaty? Who has the power to enter into a treaty? (Art. VII, 21. - formal agreements where rights
and obligations arise; executive branch)
A treaty is-
(1) an international agreement concluded between states
(2) in written form and governed by international law
(3) whether in single or in two or more related instruments
(4) whatever its particular designation
- Although the Vienna Convention and the Law of Treaties requires agreements to be in
writing, the following are the effects of an unwritten treaty:
(a) has legal force
(b) convention rules on matters governed by international law independently of
convention shall apply
(c) convention rules apply to the relations of states as between themselves under
international agreement with other subjects as parties
67. Should all international agreements be concurred in by the Senate? (No. Executive Agreements need not be
concurred in.)
Treaty vs. Executive Agreement

- basic political issues - adjustment of details carrying out well-
- changes of national policies established national policies
- permanent international arrangements - temporary arrangements
68. Define Rebus sic stantibus? (Material change of events); accession (non-signatory state may be state party);
pacta sunt servanda (Faithful compliance of treaty)
69. What is the “most favored nation clause”? (extension in favor of a contracting state of more favorable
privileges granted to other nations)
70. What is the United Nations and who can be a member? (International organization to settle disputes
peacefully; must be an independent state, peace loving, willing to accept obligations under the Charter)
71. May a member withdraw? (Yes) Can it be expelled from the UN? (Yes for persistent violation of the UN
Charter)
The Charter has no provision on withdrawal of membership. However by declaration, the UN
cannot compel membership if a state is constrained to withdraw due to exceptional circumstances.
72. Requisites for admission. (recommendation of 9 including big 5 of the Security Council and affirmative
votes of 2/3 of the General Assembly)

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73. State the organs of the UN, functions and voting procedures. (General Assembly, Secretariat, Security
Council, Economic and Social council, Trusteeship Council, International Court of Justice)
General Assembly – constituent, supervisory, financial, elective, deliberative
- important questions – decided by 2/3 of members present and voting
- non-important questions – decided by simple majority
- classification of question – simple majority
Security Council – maintenance of international peace, investigation of disputes, determination of
existence of threat to the peace, breach of peace, act of aggression, and make recommendations
- Yalta Formula - procedural issues decided by at least nine members
- substantive at least nine members including big Five
- classification of questions – same as substantive
74. Analyze the functions of the Security Council and its effectiveness. (Ineffective due to Veto Power; vote of
9 members with unanimous 5 permanent members)
75. Illustrate a double veto
In the classification of an issue as substantive or procedural, a veto vote by a permanent member will
classify it as substantive. Then on the merits, the permanent member may vote to disapprove the same
measure. By the exercise of the veto vote twice (in the classification and on the merits) the measure will
not be passed.
76. What is the Enforcement Action? (Power of Security Council to resist danger to international peace and
security) Arts. 45-48 of Charter.
77. What is the jurisdiction of the UN on member States? (No jurisdiction on domestic affairs)
Even the UN is precluded from intervening in matters essentially within the domestic jurisdiction of
a state, unless necessary to remove and prevent threats to the peace, breaches or acts of aggression.
78. May a neutralized State be a member of the UN? (Yes) A neutralized state may not be able to comply with
the obligations under the UN Charter particularly an enforcement action. However, Switzerland was
admitted as a member of the UN.
79. Are the resolutions and declarations of the UN General Assembly sources of International Law? (No, unless
recognized for a long period by majority)
UNGA is not a legislative body – it can only recommend.
80. What are the peaceful means of settling international disputes? (Art. 33 UN Charter - negotiation,
mediation, arbitration, judicial method, inquiry, conciliation)

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81. Distinguish between an arbitration body and the International Court of Justice. (ICJ is a permanent body,
arbitration is only for one case but both are judicial and binding)
82. What is the jurisdiction of the International Court of Justice and how is it conferred?
Jurisdiction: decide issues referred to it (consensual)
(a) interpretation of treaty
(b) question of international law
(c) existence of fact constituting a breach of international obligation
(d) nature or extent of the reparation to be made for the breach of an international
obligation
83. Who enforces decisions of the International Court of Justice? (State parties, good faith of parties; Security
Council)
84. Is the principle or stare decisis observed in the ICJ? (No, Art. 59, Statute)
85. May the International Court of Justice render advisory opinions? (Yes, upon request of any organ or
agency)
86. What are the forcible means resorted to by the State short of war? (Retorsion, Reprisal, Freezing of assets;
Boycott; Embargo; Preventive Self-defense)
87. Distinguish between retorsion and reprisal? (Both are forms of retaliation Reprisal is illegal; Retorsion by
legal means)
88. What do you mean by preventive self-defense? Is it legal? (Use of force in anticipation of attack is legal if
in good faith – depends on circumstances of imminent danger)
89. What do you mean by war? (Armed hostility to conquer a State) Is it legal today? (Art. II, 2; Art. VI, 23:
Unlawful except war of self-defense)
90. Define aggression in international law. (Use of force or threat)
91. What are the legal effects of war on treaties (terminated except treaties on the conduct of war and those
fixing state boundaries); properties (enemy public properties subject of confiscation, private properties
subject to sequestration); contracts in aid of enemies are void. (Political in nature abrogated)
92. How are prisoners of war and civilians treated in times of war?
Rights of POW -
- no torture
- food/medicine
- bare minimum of information

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- keep personal belongings
- proper burial
- grouped according to nationality
- right to communicate with family
- establishment of an information bureau
- repatriation for sick and wounded
93. What are the rights and duties of the occupying force in a State?
may continue orderly government
control occupied territory and inhabitants
may collect taxes
may use enemy property
94. What is neutrality?

Attitude of impartiality adopted by a third state towards belligerents, such attitude creating rights and
duties between the impartial state and the belligerent states.
95. What are the general principles of neutrality?

Abstention from taking part in hostilities
Prevention of the use of its territory and other resources in the conduct of hostilities
Observe restrictions and limitations imposed by belligerents

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SAN BEDA COLLEGE OF LAW
PUBLIC INTERNATIONAL LAW

2-B and 2-F
Read and analyze the questions very carefully. Answer clearly and concisely. Do not repeat the question.
Start answering each item on a separate page. Always support your answer with a legal basis.
Return this Questionnaire with your booklet.
1. State/explain the following. (3% each)
a. composite state i. Drago Doctrine

b. domestic jurisdiction clause k. Thalweg Doctrine
c. Yalta formula l. jus cogens
d. principle of state continuity m. declaratory theory of
e. Tobar Principle recognition
f. Stimson Principle n. double veto
g. Estrada Doctrine o. subject
h. principle of mare liberum p. belligerency
2. The Philippines has become a member of the World Trade Organization (WTO) and resultantly agreed
that it “shall ensure the conformity of its laws, regulations and administrative procedures with its obligations as
provided in the annexed Agreements”. This is assailed as unconstitutional because this undertaking unduly
limits, restricts and impairs Philippine sovereignty and means among others that it could not pass legislation
that would be good for our national interest and general welfare if such legislation will not conform with the
WTO Agreements. Refute this argument. (7.5%)
3. Let us assume that the present government was overthrown. Philippines is now under a revolutionary
government. Upon the instructions of X, the Head of the revolutionary government, Y, a known close friend of
the deposed President, was arrested inside his house. The arresting officers further confiscated his personal
belongings. The arresting officers did not have any search warrant nor a warrant of arrest. Y now contends that
his arrest, as well as the seizure of his personal belongings were illegal as these violate his rights under the 1987
Constitution against unreasonable searches and seizure and that under the Bill of Rights, the arresting officers
must have an arrest warrant duly issued by a judge. Is he correct? Explain. (7.5%)
4. State A, controlled by an authoritarian government, had unfriendly relations with its neighboring State,

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B. C, another neighboring state, had been shipping arms and ammunitions to A for use in attacking B.
To forestall an attack, B placed floating mines on the territorial waters surrounding A. B supported a group of
rebels organized to overthrow the government of A and to replace it with a friendly government.
A decided to file a case against B in the International Court of Justice.
a. On what grounds may A’s cause of action against B be based? (5%)

b. On what grounds may B move to dismiss the case with the ICJ? (5%)
c. Decide the case. (5%)
5. The Republic of China (Taiwan), in its bid to develop a hydrogen bomb and defend itself against threats
of invasion coming from the People’s Republic of China, conducted a series of secret nuclear weapons tests in
its own atmosphere. The tests resulted in radioactive fallouts which contaminated the rivers in and around
Aparri and other bodies of water within the territorial jurisdiction of the Philippines. Can the Philippines
complaint against the Republic of China for violation of its sovereignty? (7.5%)
6. Switzerland is an example of a neutralized state.
a. What are the characteristics of a neutralized state? (5%)

b. Is neutrality synonymous with neutralization? If not, distinguish one from the other. (5%)
7. Distinguish between de facto recognition and de jure recognition of governments. (7.5%)
-END-

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CONTROL #: _______________
FINAL EXAMINATIONS March 17, 2003

Public International Law 2-S,C,E,F,&G
I.
a) Define the national territory of the Philippines. (5%)

b) Discuss the basis of the Philippine claim over the Kalayaan islands. (5%)
II.
a) What are the requisites for a state to be liable for injuries inflicted upon aliens sojourning in its territory?
(5%)
b) Recall the Abu Sayaff kidnapping of the Burnham couple. May the Philippines be made liable for the death
of Martin Burnham as a result of the rescue operations staged by the Armed Forces of the Philippines? (5%)
III.
a) Who are citizens of the Philippines? Who are citizens of Japan? (5%)
b) Fakyu Pakyut Jacyut was born in the Philippines on November 1, 1945 of a Filipino mother and an
American father. His father remained an American until his death after being bitten by a mouse. FPJ married
a Filipina named Rosan Soces. For the elections of 1984 and 1986, FPJ registered himself as a voter in
Quezon City. At that time, he was already a licensed Certified Public Accountant (obviously ibang FPJ ito
ha). In 2001, he ran in the elections for representative in his congressional district. He won by 3,000 votes
but an election protest was filed on the ground that he was not qualified allegedly because he is not a natural
born Filipino. We do not know what happened to that case but he now wants to run for president of the
Republic. Is FPJ qualified to run for president? Is he a natural born Filipino under the doctrine of implied
election? (10%)
IV.
a) Distinguish a treaty from an executive agreement? (5%)

b) Section 25, Article XVIII of the Philippine Constitution expressly provides that any treaty involving foreign
troops in the Philippines shall be allowed if it is recognized as a treaty by the other contracting state. Is the
Visiting Forces Agreement constitutional notwithstanding the fact that the United States of America
considers it an executive agreement and not a treaty? Explain. (5%)
c) What are the causes for the termination of a treaty? (10%)
d) Sgt. John Greene, a U.S. Green Beret soldier, is a participant in the Balikatan training exercises in Basilan.
On March 4, 2002, Sgt. Greene, accompanied by Philippine Army Scout Rangers B1 and B2, went to the
Horny Bar & Grill Disco Club located in Lamitan, Basilan, for a night of recreation. While drinking, a man

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approached the group of Sgt. Greene, introduced himself as Henry So, a released Abu Sayyaf captive, and
said that he can lead them to the nearby hideout of Abu Badaf, one of the lieutenants of Abu Sabaya. They
agreed to go to the place immediately because of the tip that every Monday, Abu Badaf visits the hideout for
a tryst with his third wife. On their way however, Women’s Rights Alliance activists who just came from a
rally protesting the conduct of the Balikatan Exercises, accosted them. A heated argument ensued between
Sgt. Greene and a lady activist who shouted, “go home Yankee, all you want is cheap pu**y”. Irked, Sgt.
Greene embraced the lady and was about to kiss her but the lady fainted. She suffered a heart attack and
died several hours later. What are the rules of jurisdiction under the VFA? Can the American legally insist
on the jurisdiction of an American military court over the offense he committed? (10%)
V.
a) What are the functions of a diplomatic representative? (5%)

b) X, the American ambassador to Japan came to the Philippines to attend a conference on kamasutra. While in
Manila, X, who traveled incognito, bought from B a diamond ring in the amount of P50,000 which he later
gave as a gift to his Filipino girlfriend. The purchase price was paid in check drawn upon the Citibank.
Upon presentment for payment, the check was dishonored for insufficiency of funds. Because of X’s failure
to make good the dishonored check, B filed a complaint against X in the Office of the City Prosecutor of
Manila for violation of Batas Pambansa Blg. 22. After preliminary investigation, the information was filed
against X in the City Court of Manila. X filed a motion to dismiss the case against him on the ground that
he enjoys diplomatic immunity from criminal prosecution. He presented a certification from the Department
of Foreign Affairs stating that he is the US Ambassador to Japan. The court denied the motion on the
ground that the immunity of a diplomat will be observed only at the place of assignment, which, in the
instant case, is Japan. Is the court correct? Will your answer be the same if X is an American consul
assigned in Manila? What if X is a charges d’affaires in the American embassy in Manila? (10%)
VI.
a) Discuss the pacific modes of settling international disputes. (10%)

b) What are the effects of outbreak of war? (5%)
c) Distinguish Neutrality from Neutralization. (5%)
-nothing follows-

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CONTROL #: _______________
FINAL EXAMINATIONS March 17, 2003

Public International Law 2-S,C,D,E,F&G
I.
c) Who are citizens of the Philippines? Who are citizens of Japan? (5%)
d) Pedro C was born in the Philippines on November 1, 1945 of a Filipino mother and an American father. His
father remained an American until his death after being bitten by a mouse. In 1969, Pedro married Juli B, a
Filipino citizen. At that time, Pedro, a registered voter in Quezon City, is already a licensed Certified Public
Accountant. In 2001, he ran in the elections for representative in his congressional district. He won by
3,000 votes but an election protest was filed on the ground that he was not qualified allegedly because he is
not a natural born Filipino. Is Pedro he a natural born Filipino under the doctrine of implied election? (10%)
e) What is the doctrine of implied election? Is it still a good doctrine in view of In re Ching? (5%)
f) What are the steps in judicial naturalization proceedings in the Philippines? (5%)
ll.
b) Define the national territory of the Philippines. (5%)
b) Discuss the basis of the Philippine claim over the Kalayaan islands. (5%)
III.
c) What are the requisites for a state to be liable for injuries inflicted upon aliens sojourning in its territory?
(5%)
d) Recall the Abu Sayaff kidnapping of the Burnham couple. May the Philippines be made liable for the death
of Martin Burnham as a result of the rescue operations staged by the Armed Forces of the Philippines? (5%)
IV.
c) What are the functions of a diplomatic representative? (5%)
d) X, the American ambassador to Japan came to the Philippines to attend a conference on kamasutra. While in
Manila, X, who traveled incognito, bought from B a diamond ring in the amount of P50,000 which he later
gave as a gift to his Filipino girlfriend. The purchase price was paid in check drawn upon the Citibank.
Upon presentment for payment, the check was dishonored for insufficiency of funds. Because of X’s failure
to make good the dishonored check, B filed a complaint against X in the Office of the City Prosecutor of
Manila for violation of Batas Pambansa Blg. 22. After preliminary investigation, the information was filed
against X in the City Court of Manila. X filed a motion to dismiss the case against him on the ground that
he enjoys diplomatic immunity from criminal prosecution. He presented a certification from the Department
of Foreign Affairs stating that he is the US Ambassador to Japan. The court denied the motion on the
ground that the immunity of a diplomat will be observed only at the place of assignment, which, in the
instant case, is Japan. Is the court correct? Will your answer be the same if X is an American consul
assigned in Manila? What if X is a charges d’affaires in the American embassy in Manila? (10%)
e) Discuss the extradition procedure under PD 1069. (5%)

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V.
e) Discuss the doctrine of restrictive immunity of states using U.S vs Ruiz as reference. (10%)
f) Discuss at least five remedies available to a state to settle a grievance against another state. (10%)
VI.
a) Is the WTO “boom” or “bane” for the Philippines? (10%)
b) Distinguish Neutrality from Neutralization. (5%)
-nothing follows-


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PUBLIC INTERNATIONAL LAW

1. State the definition of International Law.

2. What is the principle of jus cogens?

3. What are the sources of International Law?

4. What is an “instant custom”?

5. Is International Law true law?

6. What is the relation of International Law to Municipal Law?

7. What is meant by doctrine of incorporation and transformation?

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16. What are the conditions for recognition of a belligerent state?

17. What is meant by continuity of State?

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No state is under obligation to admit aliens

Privileges conferred may be revoked

31. What is the extent of jurisdiction over maritime territory ?

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Sovereign rights for exploitation -living and non-living resources

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39. What do you mean by Jurisdiction of State?

41. Criminal jurisdiction under the Visiting Forces Agreement-

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Diplomatic Immunity- Customary international law granting immunity in favor of diplomatic

Immunity of UN specialized agencies/International Organizations/and officers. – “shall enjoy such

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56. What is the extent of diplomatic privileges or immunities?

* Privileges and Immunities

2.) Inviolability of premises and archives

3.) Right of official communication

* Immunity from civil/administrative jurisdictions not absolute. Exceptions are:

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7.) Exemption from customs duties/taxes.

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(2) DFA forwards request to DOJ

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Treaty vs. Executive Agreement

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75. Illustrate a double veto

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90. Define aggression in international law. (Use of force or threat)

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94. What is neutrality?

95. What are the general principles of neutrality?

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SAN BEDA COLLEGE OF LAW

PUBLIC INTERNATIONAL LAW

Return this Questionnaire with your booklet.

1. State/explain the following. (3% each)

a. composite state i. Drago Doctrine

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A decided to file a case against B in the International Court of Justice.

a. On what grounds may A’s cause of action against B be based? (5%)

6. Switzerland is an example of a neutralized state.

a. What are the characteristics of a neutralized state? (5%)

7. Distinguish between de facto recognition and de jure recognition of governments. (7.5%)

EXCLUSIVELY FOR LAMBDA RHO BETA FRATERNITY AND

SAN BEDA COLLEGE OF LAW

FINAL EXAMINATIONS March 17, 2003

a) Define the national territory of the Philippines. (5%)

a) Distinguish a treaty from an executive agreement? (5%)

EXCLUSIVELY FOR LAMBDA RHO BETA FRATERNITY AND