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Results for “Public International Law (Vol. I & II) Article 33”

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Question Political and Public International Law | Facial Challenges and Overbreadth Doctrine | ESSAY Medium

City Ordinance No. 2033-77, the "Open Expression in Public Space Act," prohibits any utterance, writing, posting, or...

City Ordinance No. 2033-77, the "Open Expression in Public Space Act," prohibits any utterance, writing, posting, or display that (a) demeans, discredits, or undermines the credibility of any city official or public inst...

Citations: Constitution of the Philippines, Article III, Section 4, Jurisprudence and doctrinal discussions on freedom of expression and overbreadth in Philippine constitutional law (e.g., Bernas, The 1987 Constitution)

Question Political and Public International Law | Subjects of International Law | ESSAY Medium

An international standard-setting organization, the International Organization for Standardization (ISO), and the Rep...

..., the International Organization for Standardization (ISO), and the Republic of the Philippines execute a multilateral instrument titled the Mutual Standards Protocol (MSP). The MSP establishes an International Standards...

Citations: Montevideo Convention on the Rights and Duties of States, 1933, Art. 1, Reparation for Injuries Suffered in the Service of the United Nations (1949), ICJ Reports 174, Constitution of the Philippines, Article VII, Sec. 21

Question Political and Public International Law | Right Against Self-incrimination | ESSAY Medium

Facts: Aurelio Tan, a public school administrator suspected of involvement in a procurement kickback scheme, is arres...

Facts: Aurelio Tan, a public school administrator suspected of involvement in a procurement kickback scheme, is arrested by police and taken to a windowed interrogation room. He is not informed of his right to counsel or...

Citations: Constitution of the Philippines, Article III, Section 12(1) (right against self-incrimination and right to counsel), Philippine rules on admissibility of confessions and the voluntariness standard (totality of the circumstances), Jurisprudence recognizing that custodial interrogation requires safeguards and that threats to employment or professional license can constitute coercion in the voluntariness analysis

Question Political and Public International Law | Social Justice and Human Rights | ESSAY Medium

TerraVolt Geosystems, a private geothermal developer based in Davao City, seeks to build a geothermal power plant on...

...State’s obligation to promote social justice and human rights, citing international norms ratified by the Philippines. (a) Identify the controlling doctrine governing the rights of indigenous peoples to their ancestral l...

Citations: Republic Act No. 8371 (Indigenous Peoples' Rights Act), Constitution of the Philippines, Article XII (National Economy and Patrimony; Indigenous Peoples) and related protections, International norms ratified by the Philippines (e.g., UNDRIP) as interpretive context for indigenous rights

Question Political and Public International Law | Subjects of International Law | ESSAY Medium

(a) Identify the controlling doctrine on whether international organizations are subjects of international law with p...

(a) Identify the controlling doctrine on whether international organizations are subjects of international law with personality capable of binding States and individuals. (b) Distinguish the controlling rule on when a tr...

Citations: Constitution of the Philippines, Art. VII, Sec. 21, Vienna Convention on the Law of Treaties (1969), Articles 2(1)(a) and 26, Brownlie, Ian, Principles of Public International Law (8th ed.), ch. on International Organizations and Treaties

Question Political and Public International Law | Subjects of International Law | ESSAY Medium

(a) Identify the controlling doctrine on whether international organizations are subjects of international law with p...

...ly to the facts: The Global Ocean Governance Council (GOGC) and the Republic of the Philippines sign the Global Biodiversity and Oceans Agreement (GBOA). GBOA creates the Oceanic Arbitration Court (OAC) with jurisdiction...

Citations: Constitution of the Republic of the Philippines (1987), Art. VII, Sec. 21, Vienna Convention on the Law of Treaties (1969), Montevideo Convention on the Rights and Duties of States (1933), Oppenheim’s International Law: A Treatise on International Law (jurisdiction of IOs and treaties)

Question Labor and Social Legislation | International Labor Organization Ratifications | ESSAY Medium

(a) State the controlling doctrine on how international labor conventions like this become binding in Philippine law....

(a) State the controlling doctrine on how international labor conventions like this become binding in Philippine law. (b) Distinguish whether such a convention is self-executing or requires implementing legislation to ha...

Citations: Constitution of the Philippines, Article VII, Section 21 (treaties require Senate concurrence and become law of the land upon ratification and publication), ILO Convention No. 29 (Forced Labour)

Question Political and Public International Law | Subjects of International Law | ESSAY Medium

An intergovernmental organization named the Global Trade and Oceanic Alliance (GTOA) and the Republic of the Philippi...

...nization named the Global Trade and Oceanic Alliance (GTOA) and the Republic of the Philippines sign a Multilateral Instrument titled the Oceanic Commerce and Environment Protocol (OCEP). OCEP creates the Oceanic Investm...

Citations: Constitution of the Republic of the Philippines, Art. VII, Sec. 21, Vienna Convention on the Law of Treaties (1969), Articles 2(1)(a), 26, 46, International Court of Justice, Reservations to the Genocide Convention (Advisory Opinion), 1951

Question Political and Public International Law | Subjects of International Law | ESSAY Medium

An intergovernmental organization named the Oceanic Governance Alliance (OGA) and the Republic of the Philippines sig...

...al organization named the Oceanic Governance Alliance (OGA) and the Republic of the Philippines sign a Multilateral Instrument titled the Oceanic Stability Pact (OSP). The OSP establishes the International Oceanic Court...

Citations: Vienna Convention on the Law of Treaties (1969), especially Articles 2(1)(a) and 26., 1987 Constitution of the Republic of the Philippines, Article VII, Section 21 (Senate ratification requirement)., General principles on international organizations and personality (recognition in customary international law and practice, as reflected in UN Charter norms).

Question Political and Public International Law | Subjects of International Law | ESSAY Medium

An intergovernmental organization named the International Economic Sustainability Organization (IESO) and the Republi...

...e International Economic Sustainability Organization (IESO) and the Republic of the Philippines sign a Multilateral Instrument titled the Sustainable Trade and Investment Protocol (STIP). STIP creates the International T...

Citations: ICJ, Reparation for Injuries Case (1949) recognizing the international personality of the United Nations and IOs., Articles on the Responsibility of International Organizations (ARIO) (2011), for IO personality and responsibility., Philippine Constitution, 1987, Art. VII, Sec. 21 (Senate concurrence for treaties)., Vienna Convention on the Law of Treaties (1969) (general treaty-law context).

Question Political and Public International Law | Eminent Domain (in relation to Republic Act [R.A.] No. 10752) | ESSAY Medium

(a) Identify the controlling doctrine on eminent domain and the effect of Republic Act No. 10752 on the expropriation...

...entify the controlling doctrine on eminent domain and the effect of Republic Act No. 10752 on the expropriation process for infrastructure projects. (b) Distinguish the standard for 'just compensation' and explain how RA...

Citations: Constitution of the Philippines, Article III, Section 9 (private property shall not be taken for public use without just compensation), Republic Act No. 10752 (An Act Providing for the Expropriation of Private Lands for Infrastructure Projects)

Question Political and Public International Law | Regalian Doctrine - Republic v. Pasig Rizal Co. Inc., G.R. No. 213207, February 15, 2022; all Opinions | ESSAY Medium

(a) Identify the controlling rule about lands of the public domain as refined in Republic v. Pasig Rizal Co., Inc., G...

(a) Identify the controlling rule about lands of the public domain as refined in Republic v. Pasig Rizal Co., Inc., G.R. No. 213207 (Feb. 15, 2022) (all Opinions). (b) Distinguish between lands that remain part of the pu...

Citations: Republic v. Pasig Rizal Co., Inc., G.R. No. 213207 (Feb. 15, 2022), Krivenko v. Register of Deeds, G.R. No. L-26068 (1947), Constitution of the Philippines, Article XII (National Patrimony)

Question Political and Public International Law | Public Trust Doctrine - R.A. No. 11659 (New Public Service Act) | ESSAY Medium

(a) Identify the Public Trust Doctrine and its controlling rule. (b) A city mayor enters into a 40-year concession wi...

(a) Identify the Public Trust Doctrine and its controlling rule. (b) A city mayor enters into a 40-year concession with RiverSafe Holdings to develop, operate, and exclusively manage a publicly owned mountain watershed t...

Citations: Constitution of the Philippines, Article XII (National Economy and Patrimony), Republic Act No. 11659 (New Public Service Act)

Question Political and Public International Law | Executive Departments and Offices | ESSAY Medium

(a) The President issues a Memorandum Order directing the Department of Public Works and Highways (DPWH) to suspend t...

...) The President issues a Memorandum Order directing the Department of Public Works and Highways (DPWH) to suspend the Regional Director of DPWH Region IV-B and place the region under temporary administrative supervision...

Citations: Constitution of the Philippines (1987), Article VII (Executive Department), Administrative Code of the Philippines (EO 292) on executive control and supervision, Civil Service Commission rules on disciplinary actions, due process, and administrative remedies

Question Political and Public International Law | Right Against Involuntary Servitude | ESSAY Medium

A private contractor operates a mid-sized construction site in Davao City and employs a foreign migrant artisan, Mila...

...passport to prevent her from leaving. There is no written contract or lawful basis authorizing detention or extended labor. (a) Does Mila’s treatment amount to involuntary servitude under the Philippine Constitution? Exp...

Citations: Constitution of the Philippines, Article III, Section 18 (Right Against Involuntary Servitude).

Question Political and Public International Law | Fact-finding, Investigative, Licensing, and Rate-fixing Powers | ESSAY Medium

A Water Regulatory Commission (WRC) has general statutory power to license water utilities, regulate rates, and condu...

...applicable to licensing and rate-setting in Philippine administrative law. (b) Distinguish whether the FFLP acted within its fact-finding authority or committed rate-fixing beyond its mandate, and state whether WRC is bo...

Citations: Constitution of the Philippines, Article III (due process)., Administrative Code of 1987 (Agency powers; ex parte communications; due process requirements)., Ang Tibay v. Court of Industrial Relations, G.R. No. L-13340 (1940s) (due process in admin adjudication; standards for validity of agency action).

Question Political and Public International Law | Administrative Res Judicata | ESSAY Medium

An international corporation, Zenith Securities, is registered with the Securities and Exchange Commission (SEC). Aft...

An international corporation, Zenith Securities, is registered with the Securities and Exchange Commission (SEC). After due process, SEC issues a final order canceling Zenith’s registration and permanently prohibiting th...

Citations: Rule 65, Rules of Court (Philippines), Constitution of the Philippines (Article VIII, Jurisdiction of Courts)

Question Political and Public International Law | Regalian Doctrine - Republic v. Pasig Rizal Co. Inc., G.R. No. 213207, February 15, 2022; all Opinions | ESSAY Medium

Identify (a) the controlling rule about lands of the public domain as refined in Republic v. Pasig Rizal Co., Inc., G...

Identify (a) the controlling rule about lands of the public domain as refined in Republic v. Pasig Rizal Co., Inc., G.R. No. 213207 (Feb. 15, 2022) (all Opinions); (b) distinguish between lands that remain part of the pu...

Citations: Republic v. Pasig Rizal Co., Inc., G.R. No. 213207 (Feb. 15, 2022), Constitution of the Philippines, Article XII, Section 2, Commonwealth Act No. 141 (Public Land Act)

Question Political and Public International Law | Facial Challenges and Overbreadth Doctrine | ESSAY Medium

Ordinance No. 2024-07 of the City of San Pedro, titled “Ordinance Regulating Speech in Public Places and Online,” mak...

...4-07 of the City of San Pedro, titled “Ordinance Regulating Speech in Public Places and Online,” makes it punishable to utter, write, post, or display any statement that (a) offends, humiliates, or brings disrepute to an...

Citations: Constitution of the Philippines, Article III, Section 4

Question Political and Public International Law | Right Against Involuntary Servitude | ESSAY Medium

A private garment factory owner locks an employee, Ana, inside the factory after closing time and forces her to sew t...

...uses. She has not consented to the extension of work, and there is no lawful basis for detention or compulsion in this scenario. (a) Does Ana's treatment amount to involuntary servitude under the Philippine Constitution?...

Citations: Constitution of the Philippines, Article III, Section 18, Labor Code of the Philippines

Question Political and Public International Law | Rational Basis Test | ESSAY Medium

City of San Isidro enacts Ordinance No. 2033-21, the Homeowner Stability Subsidy (HSS). The program provides a monthl...

...to residents who (i) own and occupy a dwelling within the city, and (ii) have resided in San Isidro for at least three years. Renters and short-term residents are ineligible, even if they show greater financial need. Le...

Citations: Constitution of the Philippines, Article III, Section 1 (Equal Protection)

Question Political and Public International Law | Right Against Self-incrimination | ESSAY Medium

Dr. Celeste Mercado, a radiologist at a private hospital, is suspected of participating in a kickback scheme involvin...

...doctrine governing the right against self-incrimination in Philippine law. (b) Analyze whether Celeste’s statement is admissible, given custodial interrogation without counsel, focusing on the voluntariness requirement a...

Citations: 1987 Constitution of the Philippines, Article III, Section 12 (right against self-incrimination)

Question Political and Public International Law | Requisites for Valid Classification | ESSAY Medium

Ordinance No. 3377-23 establishes an "Urban Microenterprise Subsidy" to micro-enterprises that meet all of the follow...

...of the following conditions: (i) the owner is at least 60 years old; (ii) the business has annual gross sales not exceeding ₱2,000,000; (iii) the business has operated in the city for at least 2 years; (iv) the business...

Citations: Constitution of the Philippines, Article III, Section 1 (Equal Protection)