spcial exam (rael and morgia)

 

MARIETTA RAEL

Exam: special exam in political law review

Word count: 708

Writing time: 89 minutes

Email: ursomarietta@yahoo.com

Class: CONSTITUTIONAL LAW 1

Teacher: Judge Ric Bastasa

Part 1

a.It refers to a principle that the immunity of a state in the courts of such country is restricted to claims involving the foreign state's public acts and does not extend to suits based on its commercial or private conduct.

b.Jus cogens refers to a the principles which form of the norms of international law that cannot be aside.

c.Regalian Doctrine dictates that all lands of the public domain belong to the State, that the State is the source of any asserted right to ownership of land and conservation of such patrimony.

d. It means acts by right dominion. Jure imperii are activities of a governmental or public nature carried out by a foreign state or one of its subdivisions.

e. Because of its privilege it grants the state to defeat  any legitimate claim against it by simply invoking its non-suability. That is prerogative of royal dishonesty.for the reason also that all states are sovereign equals and cannot assert jurisdiction over one another.

Part 2.

1. Yes.Under the law, municipalities that causes injuries or other losses are held liable for damages and can be suable. It is mere responsibility of the municipality for ensuring the people they hire  are capable of working safely without creating undue dangers for the general public.Therefore, the felling of stage can be counted as a lapses on the Municipality of Manukan that caused also the death of Mr. Paitan.

2.As a general rule,Constitution must prevail over a Treaty for it is the fundamental law of the land.

3. Yes. Under the Law,the State's Responsibility for Acts of Agents. The State shall be legally bound and responsible only through acts performed in accordance with the Constitution and the laws by its duly authorized representatives. Therefore, in this case, Departmentment of Agriculture has impliedly waived its immunity fromsuit by concluding a contract for rice milling wit X corporation.yes it can sued and can be held liable for the debt.

4.The law provides that the President is entitled to absolute immunity from legal liability for civil damages based on his official acts.The Court, however , emphasized that the President is not immune from criminal charges stemming from his official or unofficial acts while he is in office. The warrant of arrent is valid and Yes, criminal case will prosper.

5.  Yes. Under the law, the State shall not be bound by the mistakes or errors of its officers or agents in the excercise of their function. The driver can be held criminally liable,the suit of the driver and its damages will push through.

Part 3

1. FACTS:Petitioners are all members of the MALAYA LOLAS,a non stock,non-profit organization registered with SEC,established for the purpose of providing aid to victims of rape by Japanese military forces in the Philippines during the Second World War.Petioners claim that since 1998,they have approached the Executive Department requesting assistance in filling a claim against Japanese officials yet it was being presented that it had been fully satisfied by Japan's compliance with the Peace Treaty between Philippines and Japan. Issue: WON the Executive Department committed grave abuse of discretion in not espousing petionber's claims for official apology and other forms of reparations against Japan.RULING: Petition lacks merit. From a Domestic Law Perspective, the Executive Department has the exclusive prerogative to determine wether to espouse petioners'claims against Japan.The petiiton is hereby Dismissed. 

2. The State maybe sued with its consent,either expressly or impliedly.Express content may be made through a general or special law.

3.Yes it adopts the generally accepted principles of international law as part of the law of the land.Treaties must be transformed into national law in order to become part of the law of the land which is done by a vote of atleast two thirds of the senate. (Article VII sec.21 of the Constitution)

4.The ICC is a criminal court that prosecutes individuals while International Court of Justice is a civil court that hears disputes between countries.

5.The law expressly grants the authority to sue the Stae or any of its agencies,The University of the Philippines is hereby declared as the national university therefore it cannot be exempt from suit.

MARIETTA RAEL

2020-11-30

Raymund Morgia

Exam: special exam in political law review

Word count: 934

Writing time: 157 minutes

Email: morgiaraymund@gmail.com

Class: Constitutional Law 1

Teacher: Ric Bastasa

Part 1 

A. Restrictive application of state immunity

    Restrictive application of state immunity means that the immunity from suit is only accplicable or can only be used if the said act is done with regards to its official function and authority. 

B. jus cogens

    Jus cogens is a fundamental principle of international law that is accepted by the international communityand other states as a custom or norm and there can be no deregation permitted.

C. Regalian doctrine

    The principle of regalian doctrine dates back from the period of spanish collonial era where the spanish had discovered and conquered the philippines thus result to all lands became exclusive part of the  Spain, specifically the crown of spain. And it is also enshrined in our constitutions previously and the present one, that all lands of public domain and all other natural resources are owned by the state and shall not be alienated.

 

D. jure imperii

    Jure imperii is the official public acts of the state and the state enjoys absolute immunity from damages awarded by a foreign court. 

E. prerogative of royal dishonesty

    Prerogative of royal dishonesty rest upon the reason that the state cant properly do its duties to its people if it could be subjected to law suits and will put the people in danger and will prevent the state from providing services to its people.

Part 2

1. 

    Yes, the municipality can be sued due to the provision of its chapter which enables them to sue and can be sued thus will not grant them an immunity from suit. Also the organizing of an entertainment night during fiesta is not an official function of the local government unit. Thus the Municipality of Manukan can be sued and be liable for damages.

2.

    In an incident of conflict between the treaty and the constitution, the constitution should previal because it is the supreme law of the land and nothing is above the constitution.

3.

    A. Yes, the Department of Aggriculture can be sued under the prevailing jurisprudent on the case of Dept. of Agriculture vs NLRC where they were made liable for a debt.

    B.No, because the Department of Agriculture has government funds and those funds are allocated or budgeted already, thus the Department of Agriculture will not be liable for the debt.

    

4.

    A. No, its invalid because under the international law the president cant be sued thus the issuance of the warrant of arrest is invalid because the president cant be sued and will defeat the purpose of issuing it on the first place because the respondent cant be sued.

    B. No, the criminal case cant prosper because the president it immune from suit during his tenure as the president of the philippines, it is generally accepted principle of international law that head of state enjoys immunity from suit. And according to the vienna convention head of state are immune from suit because the state cannot function well if the president is not immune from suit. 

5. Yes, the case against the driver and the local government will push through because the municipalities are not immune from suit and the accident that caused the filling of the case was a result of negligence, thus the municipality and the driver can be sued and will be liable for damages. 

Part 3

1. The facts of the case of Vinuya is that a charitable organization with a purpose of providing aid to the victims of rape by Japanese Imperial Army during the world war 2. And have ask the Executive Department to assist them in filling claim against the Japanese officials who ordered the establishment of the comfort women stations in the Philippines. And the Executice Department have denied to assist the petitioners and stated that the compensation for the comfort women have been fully satisfied by the treaty entered to between the Japan and Philippines. The issue in this case is whether or not the Executive Department committed a grave abuse of discretion in not espousing for the claims of the petitioner against Japan. And the ruling of the Supreme court is that the petition lask merit and also the Executive Department wont take up the cause of the petitioners for it might disrupt the Philippines relations with Japan. Thus the Petition had been dismissed.

2. The exception of the general rule of the immunity of the state against suit is when the state gives its consent to be sued or waive its immunity from suit. And also it will depend on some treaties, under a dicided case by the Supreme Court on a treaty between the Philippines and the US on Military bases Agreement that immunity from suit extends only to criminal cases and not civil cases.  

3. Under Article VII, Section 21 of the constitution, provides that no treaty or international agreement shall be valid and effective unless concurred in by at least two-thirds of all the members of the Senate. Thus treaties and international law must go through a process provided by the Constitution to become a law that will be implemented locally. 

4. The distinction between the International Criminal Court (ICC) and the International Court of Justice (ICJ) is that the ICJ tries and settles international disputes between states while the ICC investigates and tries individuals who had commited grave crimes against humanity and concerns the international community.

5. No, the University of the Philippines (UP) can be sued and is not exempt from suit because UP was created by a charter and thus provided in ther charter that they can sue and they can also be sued.