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- Yes, under her constitutional powers as Commander-inChief, and as Chief Executive in charge of faithfully
executing the law.
1) Warrantless arrest?
c. What issues
controversy?
may
be
raised
in
the
pre-proclamation
10
11
12
13
a. What is the
remedy?
doctrine of
Exhaustion
of
Administrative
resorted
and
be
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The following:
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5) Boycott
6) Non-Intercourse
7) Pacific Blockade
8) Collective measures under the UN Charter
The following:
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f. What is Genocide?
(a)
Killing members of the group;
(b)
Causing serious bodily or mental harm to
members of the group;
(c)
Deliberately inflicting on the group conditions of
life calculated to bring about its physical destruction in
whole or in part;
(d)
Imposing measures intended to prevent births
within the group;
(e)
Forcibly transferring children of the group to
another group.
Murder;
Extermination;
Enslavement;
Deportation or forcible transfer of population;
Imprisonment or other severe deprivation of physical
liberty in violation of fundamental rules of
international law;
(6) Torture;
(7) Rape, sexual slavery, enforced prostitution, forced
pregnancy, enforced sterilization, or any other form of
sexual violence of comparable gravity;
(8) Persecution against any identifiable group or
collectivity on political, racial, national, ethnic,
cultural, religious, gender as defined in paragraph 3,
or other grounds that are universally recognized as
impermissible under international law, in connection
POLITICAL LAW AND PUBLIC INTERNATIONAL LAW
By: Dean Art de Castro
21
(1)
Grave breaches of the Geneva Conventions of 12
August 1949, namely, any of the following acts against
persons or property protected under the provisions of
the relevant Geneva Convention:
(i) Willful killing;
(ii) Torture or inhuman treatment, including biological
experiments;
(iii) Willfully causing great suffering, or serious injury to
body or health;
(iv) Extensive destruction and appropriation of
property, not justified by military necessity and
carried out unlawfully and wantonly;
(v) Compelling a prisoner of war or other protected
person to serve in the forces of a hostile Power;
(vi) Willfully depriving a prisoner of war or other
protected person of the rights of fair and regular
trial;
(vii) Unlawful deportation or transfer or unlawful
confinement;
(viii) Taking of hostages.
(2)
Other serious violations of the laws and customs
applicable in international armed conflict, within the
established framework of international law, namely,
any of the following acts:
(i)
(ii)
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(3)
In the case of an armed conflict not of an
international character, serious violations of article 3
common to the four Geneva Conventions of 12 August
1949, namely, any of the following acts committed
against persons taking no active part in the hostilities,
including members of armed forces who have laid down
their arms and those placed hors de combat by
sickness, wounds, detention or any other cause:
(i) Violence to life and person, in particular murder of
all kinds, mutilation, cruel treatment and torture;
(ii) Committing outrages upon personal dignity, in
particular humiliating and degrading treatment;
(iii) Taking of hostages;
(iv) The passing of sentences and the carrying out of
executions without previous judgement pronounced
by a regularly constituted court, affording all
judicial guarantees which are generally recognized
as indispensable.
(4)
Paragraph 2 (c) applies to armed conflicts not of
an international character and thus does not apply to
situations of internal disturbances and tensions, such
as riots, isolated and sporadic acts of violence or other
acts of a similar nature.
(5)
Other serious violations of the laws and customs
applicable in armed conflicts not of an international
character, within the established framework of
international law, namely, any of the following acts:
POLITICAL LAW AND PUBLIC INTERNATIONAL LAW
By: Dean Art de Castro
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(6)
Paragraph 2 (e) applies to armed conflicts not of
an international character and thus does not apply to
situations of internal disturbances and tensions, such
as riots, isolated and sporadic acts of violence or other
acts of a similar nature. It applies to armed conflicts
that take place in the territory of a State when there is
protracted armed conflict between governmental
authorities and organized armed groups or between
such groups.
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29
30
XV
31
3. When
may
government-owned
or
controlled
corporations be created by Congress thru special
charters?
- When 2 tests are met: (1) common good and (2)
economic viability.
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33
and
Buildings
subject
to
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9. What is the
Constitution?
No-Amendment
Rule
under
the
10.
This rule does not apply to the report of the Bicameral
Conference Committee, otherwise there would be no end to
negotiations since each house may seek modification of the
compromise bill (Tolentino vs. Secretary of Finance, 235
SCRA 630 1994], cited in the recent EVAT Case, September
POLITICAL LAW AND PUBLIC INTERNATIONAL LAW
By: Dean Art de Castro
35
11.
What are the recognized exceptions to the rule on
non-delegation of legislative powers?
- (a) Delegation of tariff powers to the President under
Section 28(2) of Article V of the Constitution;
36
12.
Contemporary Legal Question on DAP and PDAF and
the constitutionality of budget re-alignment and
augmentation of the President.
The President has the constitutional authority to re-align
and augment the budget from the savings from the budget in the
projects allocated for the Office of the President for the
implementation of other projects under the Office of the
President, under Sections 25 (5) and (6) of Article VI of the 1987
Philippine Constitution quoted as follows:
Section 25 (5) No law shall be passed
authorizing any transfer of appropriations;
however, the President, the President of the
Senate, the Speaker of the House of
Representatives, the Chief Justice of the
Supreme
Court,
and
the
heads
of
Constitutional Commissions may, by law, be
authorized to augment any item in the
general
appropriations
law
for
their
respective offices from savings in other items
of their respective appropriations.
XVII
POLITICAL LAW AND PUBLIC INTERNATIONAL LAW
By: Dean Art de Castro
37
1.
Expropriation
RA 8914 which requires payment of just compensation
directly to the owner based on zonal valuation in case of land and
the value of the improvement under replacement method applies
to expropriation for national infrastructure projects.
Rule 67 of the Rules of Court applies in determining the
assessed value and the mode of deposit of just compensation for
expropriation for purposes OTHER THAN national infrastructure
project.
Congress cannot legislate on the procedural aspects of
expropriation since this power lies with the court under the
constitutional rule making power of the Supreme Court.
Due Process. The essence of procedural due process is the
right to be heard.
Just Compensationis the full and fair equivalent of the
property taken from the owner.
2.
Allowable
expenses.P10.00
for
Presidentand
Vice
President and P3.00 for other candidates for every voter. P5.00 for
independent candidate.
3.
4.
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b) The authority of the legislators to participate in the postenactment phases of project implementation violates the
doctrine of separation of powers.
c) Budgetary re-alignment
5.
6.
7. Regime of islands- above sea level at the high tide entitled to:
1. Territorial sea;
2. Contiguous zone;
3. Exclusive economic zone; and
4. The continental shelf.
8. Executive Privilege
9. Investigation in aid of legislation- Binay investigation by
Trillanes
10. National born Filipino Citizenship- The Grace Poe Case
11. Citizenship.
A. Filipino citizens
1. Whose fathers or mothers are Filipino citizen.
2. Born before January 17, 1973 of Filipino mothers who
selected Philippine citizenship upon the age of majority.
B. Dual Citizenship
1. Dual Citizens are disqualified from running for any
elective local position (local Government Code, Sec 40
[d]).
POLITICAL LAW AND PUBLIC INTERNATIONAL LAW
By: Dean Art de Castro
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40
to
the
by the
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(B) Assume
Suggested Answer:
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44
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