Pil Exam

I
The United Nations (UN) consulted Benoit Blanc, a world-renowned

international lawyer, to determine whether UN can make arrangements
regarding reparations in behalf of its agents for injuries suffered in
connection with their duties, and whether UN has the capacity to bring an
international claim against the responsible de jure or de facto government
with regards to obtaining said reparations for damages caused to the UN
itself, the victim, and the heirs of said victim.
Benoit advised that although UN is considered an international person, only

states are subjects of international law thus, it does not have the capacity
to bring international claims. Is Benoit correct?
II
In 2015, a viral respiratory disease was reported to have rapidly spread in

the South East Asian Region. In order to prevent the spread, the WHO
issued a Regulation instructing States, among others, to conduct health
surveillance and monitoring, to set-up quarantine facilities in airports, and
to procure and distribute XX Drug for cure.
a) What is the binding effect of the WHO issuance with regard the
Philippines? (2.5%)
b) What will be the effect of non-compliance with the WHO Regulation?

(2.5%)
III
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. (5%)
IV
a) What is the essence of the Vienna Convention on the Law of Treaties?

Define Treaty under this concept? (2.5%)
b) Explain customs as a source of Public International Law. (2.5%)
Kaname Sama was formerly a Lieutenant-General of the Japanese

Imperial Army and Commanding General of the Japanese Imperial Forces
in the Philippines (1943-1944). He was charged before a Military
Commission convened by the Chief of Staff of the Armed Forces of the
Philippines for the atrocities committed by Japanese Forces against
civilians and other conduct during the war. Kimino Nawa alleged that the
Military Commission has no jurisdiction to try him for acts committed in
violation of the Hague Convention and the Geneva Convention because
the Philippines is not a signatory thereto at the time of the commission of
the acts. Decide. (5%)
VI
By two Special Agreements concluded between (1) Netherlands and
Germany and (2) Denmark and Germany, the Parties submitted to the
ICJ certain differences concerning the delimitation as between the
Parties of certain areas of the continental shelf in the North Sea which
appertain to them.
Denmark and Netherlands claim that the matter should be governed by a

mandatory rule of law called the “equidistance-special circumstances”
rule as reflected under Art. 6 of the 1958 Geneva Convention on the
Continental Shelf which has accordingly attained the status of a
customary law despite the insufficient number of ratifications. As for
Germany, the claim was that the case should be decided on the basis of
equitable principle (just and equitable share) because the equidistance
principle is not obligatory on states not parties to the Convention to which
Germany was a signatory but have not ratified the same.
(a)Is Germany bound to accept the equidistance principle? (2.5%)

(b)Is Equidistance Principle a customary norm? (2.5%)
VII
Lyrad is an Ambassador of the country of Lukaynam to the country of the

Philippines. Part of his staff was his secretary, Michelle. Feeling aroused,
Lyrad made touch Michelle in a sexual manner. She filed a complaint
charging Lyrad administratively with sexual harassment. Lyrad contended
that he enjoys immunity from suit. Is Lyrad’s contention correct? (5%)
VIII
Mabaya, husband of Ligaya, went to Sahrawi Republic as a pest control

technician where he converted to Islam and married Sumaira in
accordance with Islamic rites. Mabaya then returned to the Philippines with
Sumaira and their two children wherein they made it appear that they were
only the guests of Mabaya. Mabaya executed an Affidavit of Guaranty and
Support for his guests. Sumaira and her children were admitted to the
Philippines as temporary visitors. When Ligaya discovered the true
relationship of her husband and Sumaira, she filed a complaint for
concubinage, which was subsequently dismissed.
The immigration status of Sumaira was changed from temporary visitor to

that of permanent resident and was issued an alien certificate of
registration. Mabaya’s eldest son, Kunig, filed a letter complaint before the
Commission on Immigration and Deportation (CID) which led to the
detention of Sumaira, but was later released pending deportation
proceeding. Sumaira moved for the dismissal of the deportation case on
the ground that she was validly married to a Filipino citizen.
a. Is Sumaira’s change of immigration status illegal? (2.5%)
b. Suppose that Kunig filed the letter complaint on 1980, and an order of
Sumaira’s deportation was issued on 1990, can the CID order
Sumaira’s deportation? (2.5%)
IX
Explain the Constitutional doctrines of transformation and incorporation and
relate these doctrines as to the applicability of International Law in the
Philippines. (5%)
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.
(b) What is the difference between the principles of pacta sunt

servanda and rebus sic stantibus in international law?
(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. (5%)
XI
Discuss the theories behind recognition and/or creation of states and relate
the same to the requisites of statehoods under the Montevideo Convention.
(5%)
XII
AA and BB are partners in trade in the city of New York under the firm
name of AABB. Their business consist of transporting passengers and
freight upon the high seas between Holland and US as consignees and
agents. On one of its sail, the US port collector stated that the partners
must pay $1.00 each per passenger before they are permitted to land. The
collection was based on the act of Congress entitled “An act to regulate
immigration” providing that there shall be levied, collected, and paid a duty
of $1.00 for each and every passenger, not a citizen of the United States.
The partners contend that the law violates treaties by the Unites States with
friendly nations. Rule on the partners’ contention.
XIII
The Philippines and the Republic of Kroi Sha established diplomatic

relations and immediately their respective Presidents signed the following:
(1) Executive Agreement allowing the Republic of Kroi Sha to establish its
embassy and consular offices within Metro Manila; and (2) Executive
Agreement allowing the Republic of Kroi Sha to bring to the Philippines its
military complement, warships, and armaments from time to time for a
period not exceeding one month for the purpose of training exercises with
the Philippine military forces and exempting from Philippine criminal
jurisdiction acts committed in the line of duty by foreign military personnel,
and from paying custom duties on all the goods brought by said foreign
forces into Philippine territory in connection with the holding of the activities
authorized under the said Executive Agreement.
Senator Maagap questioned the constitutionality of the said Executive

Agreements and demanded that the Executive Agreements be submitted to
the Senate for ratification pursuant to the Philippine Constitution. Is Senator
Maagap correct? Explain. (5%)
XIV
Infinity Jackson, an Australian Citizen, was sought by Australian authorities
for multiple counts of obtaining properties through fraud in her country.
Extradition proceedings were filed before the RTC which rendered a
decision ordering the deportation of Infinity concluding that the documents
submitted by the Australian Government meet the requirements of the
Treaty of Extradition and that the offenses are extraditable offenses. CA
affirmed RTC’s decision. Infinity contends that the provision of the Treaty
giving retroactive effect to the extradition treaty amounts to an ex post facto
law.
a. Can an extradition treaty be applied retroactively? (2.5%)
b. Suppose that there is no treaty between PH and AU, will your answer
be the same? (2.5%)
XV
Explain Opinio juris sive necessitates in relation with Customs and provide
for an example of one. (5%)

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I

The United Nations (UN) consulted Benoit Blanc, a world-renowned

Benoit advised that although UN is considered an international person, only

In 2015, a viral respiratory disease was reported to have rapidly spread in

b) What will be the effect of non-compliance with the WHO Regulation?

Is the agreement signed by the President effective despite the lack of

a) What is the essence of the Vienna Convention on the Law of Treaties?

b) Explain customs as a source of Public International Law. (2.5%)

Kaname Sama was formerly a Lieutenant-General of the Japanese

Denmark and Netherlands claim that the matter should be governed by a

(a)Is Germany bound to accept the equidistance principle? (2.5%)

Lyrad is an Ambassador of the country of Lukaynam to the country of the

Mabaya, husband of Ligaya, went to Sahrawi Republic as a pest control

The immigration status of Sumaira was changed from temporary visitor to

a. Is Sumaira’s change of immigration status illegal? (2.5%)

(b) What is the difference between the principles of pacta sunt

(c) Are the principles of pacta sunt servanda and rebus sic

The Philippines and the Republic of Kroi Sha established diplomatic

Senator Maagap questioned the constitutionality of the said Executive

a. Can an extradition treaty be applied retroactively? (2.5%)

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