PIL BAR QUESTIONS

2006

- IX -

1. Where is the seat of the International Court of Justice? 1%

2. How many are its members? 1 %

3. What is the term of their office? 1 %

4. Who is its incumbent president? 1 %

5. What is his/her nationality? 1 %

6. In 1980, the United States filed with the International Court of Justice a complaint against Iran alleging
that the latter is detaining American diplomats in violation of International Law. Explain how the
International Court of Justice can acquire jurisdiction over these contending countries. 5%

-X-

1. How is state sovereignty defined in International Law? 2.5%

2. Is state sovereignty absolute? 2.5%

3. What is the principle of auto-limitation? 2.5%

4. What is the relationship between reciprocity and the principle of auto-limitation? 2.5%

2007

- II -

The City Mayor issues an Executive Order declaring that the city promotes responsible parenthood and
upholds natural family planning. He prohibits all hospitals operated by the city from prescribing the use of
artificial methods of contraception, including condoms, pills, intrauterine devices and surgical sterilization. As a
result, poor women in his city lost their access to affordable family planning programs. Private clinics! however,
continue to render family planning counsel and devices to paying clients.

a. Is the Executive Order in any way constitutionally infirm? Explain.

b. Is the Philippines in breach of any obligation under international law? Explain.

c. May the Commission on Human Rights order the Mayor to stop the implementation of the Executive
Order? Explain.

- III -

Lawrence is a Filipino computer expert based in Manila who invented a virus that destroys all the files stored in
a computer. Assume that in May 2005, this virus spread all over the world and caused $50 million in damage to
property in the United States, and that in June 2005, he was criminally charged before United States courts
under their anti-hacker law. Assume that in July 2005, the Philippines adopted its own anti-hacker law, to
strengthen existing sanctions already provided against damage to property. The United States has requested
the Philippines to extradite him to US courts under the RP-US Extradition Treaty.

Is the Philippines under an obligation to extradite Lawrence? State the applicable rule and its rationale.
Assume that the extradition request was made after the Philippines adopted its anti-hacker legislation. Will
that change your answer?

- IV -

In 1993, historians confirmed that during World War II, "comfort women" were forced into serving the
Japanese military. These women were either abducted or lured by false promises of jobs as cooks or
waitresses, and eventually forced against their will to have sex with Japanese soldiers on a daily basis during
the course of the war, and often suffered from severe beatings and venereal diseases. The Japanese
government contends that the "comfort stations" were run as "onsite military brothels" (or prostitution
houses) by private operators, and not by the Japanese military. There were many Filipina "comfort women."

a. Name at least one basic principle or norm of international humanitarian law that was violated by the
Japanese military in the treatment of the "comfort women."

b. The surviving Filipina "comfort women" demand that the Japanese government apologize and pay
them compensation. However, under the 1951 San Francisco Peace Agreement -the legal instrument
that ended the state of war between Japan and the Allied Forces -all the injured states, including the
Philippines, received war reparations and, in return, waived all claims against Japan arising from the
war. Is that a valid defense?

c. The surviving Filipina "comfort women" sue the Japanese government for damages before Philippine
courts. Will that case prosper?

2008

-I-

a. The legal yardstick in determining whether usage has become customary international law is
expressed in the maxim opinio juris sive necessitatis or opinio juris for short. What does the maxim
mean? (3%)

b. Under international law, differentiate "hard law" from "soft law".(3%)

- II -

May a treaty violate international law? If your answer is in the affirmative, explain when such may happen. If
your answer is in the negative, explain why. (5%)

- III -

The President alone without the concurrence of the Senate abrogated a treaty. Assume that the other country-
party to the treaty is agreeable to the abrogation provided it complies with the Philippine Constitution. If a
case involving the validity of the treaty abrogation is brought to the Supreme Court, how should it be resolved?
(6%)

2009

IX

Warlito, a natural-born Filipino, took up permanent residence in the United States, and eventually acquired
American citizenship. He then married Shirley, an American, and sired three children. In August 2009, Warlito
decided to visit the Philippines with his wife and children: Johnny, 23 years of age; Warlito, Jr., 20; and Luisa, 17.

While in the Philippines, a friend informed him that he could reacquire Philippine citizenship without
necessarily losing U.S. nationality. Thus, he took the oath of allegiance required under R.A. 9225.
 a. Having reacquired Philippine citizenship, is Warlito a natural-born or a naturalized Filipino citizen
today? Explain your answer.   (3%)

b. With Warlito having regained Philippine citizenship, will Shirley also become a Filipino citizen? If so,
why? If not, what would be the most speedy procedure for Shirley to acquire Philippine citizenship?
Explain. (3%)

c. Do the children --- Johnny, Warlito Jr., and Luisa --- become Filipino citizens with their father's
reacquisition of Philippine citizenship? Explain your answer.   (3%)

TRUE OR FALSE.

Dual citizenship is not the same as dual allegiance.

XIII

A terrorist group called the Emerald Brigade is based in the State of Asyaland. The government of Asyaland
does not support the terrorist group, but being a poor country, is powerless to stop it.

The Emerald Brigade launched an attack on the Philippines, firing two missiles that killed thousands of Filipinos.
It then warned that more attacks were forthcoming. Through diplomatic channels, the Philippines demanded
that Asyaland stop the Emerald Brigade; otherwise, it will do whatever is necessary to defend itself.

Receiving reliable intelligence reports of another imminent attack by the Emerald Brigade, and it appearing
that Asyaland was incapable of preventing the assault, the Philippines sent a crack commando team to
Asyaland. The team stayed only for a few hours in Asyaland, succeeded in killing the leaders and most of the
members of the Emerald Brigade, then immediately returned to the Philippines.

a. Was the Philippine action justified under the international law principle of "self-defense"? Explain your
answer.   (3%)

b. As a consequence of the foregoing incident, Asyaland charges the Philippines with violation of Article
2.4 of the United Nations Charter that prohibits "the threat or use of force against the territorial
integrity or political independence of any State." The Philippines counters that its commando team
neither took any territory nor interfered in the political processes of Asyaland. Which contention is
correct? Reasons.   (3%)

c. Assume that the commando team captured a member of the Emerald Brigade and brought him back
to the Philippines. The Philippine Government insists that a special international tribunal should try the
terrorist. On the other hand, the terrorist argues that terrorism is not an international crime and,
therefore, the municipal laws of the Philippines, which recognize access of the accused to
constitutional rights, should apply. Decide with reasons.   (3%)

XIV

The Philippine Government is negotiating a new security treaty with the United States which could involve
engagement in joint military operations of the two countries' armed forces. A loose organization of Filipinos,
the Kabataan at Matatandang Makabansa (KMM) wrote the Department of Foreign Affairs (DFA) and the
Department of National Defense (DND) demanding disclosure of the details of the negotiations, as well as
copies of the minutes of the meetings. The DFA and the DND refused, contending that premature disclosure of
the offers and counter-offers between the parties could jeopardize on-going negotiations with another
country. KMM filed suit to compel disclosure of the negotiation details, and be granted access to the records of
the meetings, invoking the constitutional right of the people to information on matters of public concern.
 a. Decide with reasons.    (3%)

b. Will your answer be the same if the information sought by KMM pertains to contracts entered into by
the Government in its proprietary or commercial capacity? Why or why not?   (3%)

2010

The dictatorial regime of President A of the Republic of Gordon was toppled by a combined force led by Gen.
Abe, former royal guards and the secessionist Gordon People’s Army. The new government constituted a Truth
and Reconciliation Commission to look into the serious crimes committed under President A’s regime. After the
hearings, the Commission recommended that an amnesty law be passed to cover even those involved in mass
killings of members of indigenous groups who opposed President A. International human rights groups argued
that the proposed amnesty law is contrary to international law. Decide with reasons. (4%)

II

Compare and contrast the jurisdiction of the International Criminal Court and International Court of Justice.
(3%)

III

A, a British photojournalist, was covering the violent protests of the Thai Red-Shirts Movement in Bangkok.
Despite warnings given by the Thai Prime Minister to foreigners, specially journalists, A moved around the Thai
capital. In the course of his coverage, he was killed with a stray bullet which was later identified as having come
from the ranks of the Red-Shirts. The wife of A sought relief from Thai authorities but was refused assistance.

a. Is there state responsibility on the part of Thailand? (2%)

b. What is the appropriate remedy available to the victim’s family under international law? (3%)

IV

Choose the statement which appropriately completes the opening phrase:

“A State which resorts to retorsion in international law

a. must ensure that all states consent to its act.

b. cannot curtail migration from the offending state.

c. can expel the nationals of the offending state.

d. should apply proportionate response within appreciable limit.

e. None of the above.

Explain your answer. (2%)

XXVII

What is the concept of association under international law? (2%)

2011

1) Filipino citizenship may be acquired through judicial naturalization only by an alien

(B) who has all the qualifications and none of the disqualifications to become a Filipino citizen.

(C) born and raised in the Philippines who has all the qualifications and none of the disqualifications to become
a Filipino citizen.

(D) whose mother or father is a naturalized Filipino and who himself is qualified to be naturalized.

(6) Althea, a Filipino citizen, bought a lot in the Philippines in 1975. Her predecessors-in-interest have been in
open, continuous, exclusive and notorious possession of the lot since 1940, in the concept of owner. In 1988,
Althea became a naturalized Australian citizen. Is she qualified to apply for registration of the lot in her name?

(A) Yes, provided she acquires back her Filipino citizenship.

(B) No, except when it can be proved that Australia has a counterpart domestic law that also favors former
Filipino citizens residing there.

(C) Yes, the lot is already private in character and as a former natural-born Filipino, she can buy the lot and
apply for its registration in her name.

(D) No, foreigners are not allowed to own lands in the Philippines.

(12) The President forged an executive agreement with Vietnam for a year supply of animal feeds to the
Philippines not to exceed 40,000 tons. The Association of Animal Feed Sellers of the Philippines questioned the
executive agreement for being contrary to R.A. 462 which prohibits the importation of animal feeds from Asian
countries. Is the challenge correct?

(A) Yes, the executive agreement is contrary to our existing domestic law.

(B) No, the President is the sole organ of the government in external relations and all his actions as such form
part of the law of the land.

(C) No, international agreements are sui generis which must stand independently of our domestic laws.

(D) Yes, the executive agreement is actually a treaty which does not take effect without ratification by the
Senate.

(39) Carlos, a foreign national was charged with and convicted of a serious crime in State X and sentenced to
life imprisonment. His country applied for relief with the International Court of Justice (ICJ), arguing that State
X did not inform Carlos of his right under Article 36 of the Vienna Convention to be accorded legal assistance by
his government. State X, as signatory to the Vienna Convention, agreed to ICJ's compulsory jurisdiction over all
disputes regarding the interpretation or application of the Vienna Convention. ICJ ruled that State X violated its
obligation to provide consular notification to the foreign national's country. ICJ also required State X to review
and reconsider the life sentence imposed on the foreign national. State X then wrote the United Nations
informing that it was withdrawing from the Optional Protocol on Vienna Convention and was not bound by the
ICJ decision. What principle of international law did State X violate?

(A) Pacta Sunt Servanda

(B) Act of State Doctrine

(C) Protective Principle

(62) A child born in the United States to a Filipino mother and an American father is

(A) a Filipino citizen by election.

(B) a repatriated Filipino citizen.

(C) a dual citizen.

(D) a natural born Filipino citizen.

(91) A government that actually exercises power and control as opposed to the true and lawful government is
in terms of legitimacy

(A) a government of force.

(B) an interim government.

(C) a de facto government.

(D) an illegitimate government.

2012

1. Dual allegiance by citizen is:

a. inimical to the national interest and is therefore proscribed by law;

b. inimical to the national interest and is therefore prescribed by law;

c. inimical to the national interest and therefore shall be dealt with by law;

d. inimical to the national interest and is therefore outside of coverage of law.

2. Margarita was born in 1986 to a Filipino mother and Swedish father. She has been living and continues
to live in the US for the last 20 years and has also been naturalized as a US citizen. She recently
reacquired Philippine citizenship under RA 9225, the Citizenship Retention and Reacquisition Act of
2003. Can Margarita vote in the next national elections?
a. Yes. Dual citizens who are not residents may register under the Overseas Absentee Voting
Law.
b. Yes. Margarita is a Filipino citizen and thus may enjoy the right to suffrage like everyone else
without registering as an overseas absentee voter.
c. No. Margarita fails the residency requirement under Section 1, Article V of the Constitution for
Filipinos.
d. No. Dual citizens upon renunciation of their Filipino citizenship and acquisition of foreign
citizenship, have practically and legally abandoned their domicile and severed their legal ties
to their homeland as a consequence.

1. Under Article 38(1) of the Statute of the International Court of Justice, which one of the following is
NOT considered a source of international law:
a. international conventions;
b. international custom;
c. international humanitarian law;
d. general principles of law.
2. In international law, it is a norm which States cannot derogate or deviate from their agreements:
a. terra nullius;
 b. opinio juris;
c. jus cogens;
d. jus cogentus.
3. In international law, the status of an entity as a State is accepted by other States through this act. It is
the "act by which another State acknowledges that the political entity recognized possesses the
attributes of statehood."
a. accession;
b. recognition;
c. acknowledgment;
d. attribution.
4. An act or process by which a State, in compliance with a formal demand or request, surrenders to
another State an alleged offender or fugitive criminal who has sought refuge in the territory of the
first State, in order to stand trial or complete his prison term:
a. extramediation;
b. exterrertioriality;
c. extradition;
d. extraterritoriality.
5. This doctrine considers the general or customary norms of international law as a part of municipal law
and are to be enforced as such, without regard as to whether they are enacted as statutory or
legislative rules or not:
a. accession;
b. incorporation;
c. accretion;
d. adoption.
6. Under the United Nations Conference of the Law of the Sea (UNCLOS), the extent of the contiguous
zone is:
a. 3 nautical miles from the lowest water mark;
b. 12 miles from the outer limits;
c. 12 miles from the lowest water mark;
d. 200 miles from the outer limits.
7. It is a line from which the breadth of the territorial sea and other maritime zones is measured:
a. contiguous line;
b. economic line;
c. baseline;
d. archipelagic line.
8. It is a maritime zone adjacent to the territorial seas where the coastal state may exercise certain
protective jurisdiction:
a. baseline zone;
b. contiguous zone;
c. transit zone;
d. appurtenant zone.

VI.

President Black of the Republic of Pasensya (RP) had a telephone conversation with President Blue of the
People’s Republic of Conquerors (PRC). In that conversation, both leaders agreed that they will both pull-out
all their vessels, civilian or otherwise, sea crafts and other ships from the hotly disputed Kalmado Shoal area
within eight (8) days in order to de-escalate the situation. After eight days, all RP ships and vessels have left the
area. However, several military and civilian ships carrying the PRC flag remained in the area and began
construction of a dock that could provide fuel and other supplies to vessels passing by.
Assuming that President Black and President Blue both had full capacity to represent their states and negotiate
with each other under their respective systems of government, and further assuming that both leaders
acknowledge the existence of the conversation, is the verbal agreement via telephone binding under
international law? Explain. (5%)

Assuming the answer to (a.) is in affirmative, does that agreement constitute a Treaty under the 1969 Vienna
Convention on the Law on Treaties? (2%)

What are the sources of International Law? (2%)

What is opinio juris in International Law? (1%)

2013

VI.

Congress passed Republic Act No. 7711 to comply with the United Nations Convention on the Law of the Sea.

In a petition filed with the Supreme Court, Anak Ti Ilocos, an association of Ilocano professionals, argued that
Republic Act No. 7711discarded the definition of the Philippine territory under the Treaty of Paris and in related
treaties; excluded the Kalayaan Islands and the Scarborough Shoals from the Philippine Archipelagic baselines;
and converted internal waters into archipelagic waters.

Is the petition meritorious? (6%)

IV.

What is the legal effect of decisions of the International Court of Justice in cases submitted to it for resolution?
(1%)

(A) The decision is binding on other countries in similar situations.

(B) The decision is not binding on any country, even the countries that are parties to the case.

(C) The decision is binding only on the parties but only with respect to that particular case.

(D) The decision is not binding on the parties and is only advisory.

(E) The binding effect on the parties depends on their submission agreement.

V.

Under the UN Convention on the Law of the Sea, the exclusive economic zone refers to an area. (1%)

(A) that is at least 100 miles from the baselines from which the outer limit of the territorial sea is measured

(B) that is at least 200 miles but not to exceed 300 miles from the baselines from which the outer limit of the
territorial sea is measured

(C) beyond and adjacent to a country's territorial sea which cannot go beyond 200 nautical miles from the
baselines from which the outer limit of the territorial sea is measured

(D) that can go beyond 3 nautical miles but cannot extend 300 nautical miles from the baselines from which
the outer limit of the territorial sea is measured

(E) None of the above.

A child born under either the 1973 or the 1987 Constitution, whose father or mother is a Filipino citizen at the
time of his birth, is __________. (1%)

(A) not a Filipino citizen as his father and mother must both be Filipino citizens at the time of his birth

(B) not a Filipino citizen if his mother is a Filipino citizen but his father is not, at the time of his birth

(C) a Filipino citizen no matter where he or she may be born

(D) a Filipino citizen provided the child is born in the Philippines

(E) a Filipino citizen if he or she so elects upon reaching the age of 21

2014

XXV.

Rosebud is a natural-born Filipino woman who got married to Rockcold, a citizen of State Frozen. By virtue of
the laws of Frozen, any person who marries its citizens would automatically be deemed its own citizen. After
ten years of marriage, Rosebud, who has split her time between the Philippines and Frozen, decided to run for
Congress. Her opponent sought her disqualification, however, claiming that she is no longer a natural-born
citizen. In any event, she could not seek elective position since she never renounced her foreign citizenship
pursuant to the Citizenship Retention and Reacquisition Act (R.A. No. 9225). Is Rosebud disqualified to run by
reason of citizenship? (4%)

2015

I.

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. (4%)

II.

(1) A bill was introduced in the House of Representatives in order to implement faithfully the provisions of the
United Nations Convention on the Law of the Sea (UNCLOS) to which the Philippines is a signatory.
Congressman Pat Rio Tek questioned the constitutionality of the bill on the ground that the provisions of UN
CLOS are violative of the provisions of the Constitution defining the Philippine internal waters and territorial
sea. Do you agree or not with the said objection? Explain. (3%)

(2) Describe the following maritime regimes under UNCLOS (4%)

(a) Territorial sea

(c) Exclusive economic zone

(d) Continental shelf

XII.

Discuss the evolution of the principle of jus sanguinis  as basis of Filipino citizenship under the 1935, 1973, and
1987 Constitutions. (3%)

2016

-X-

The Philippines entered into an international agreement with members of the international community
creating the International Economic Organization (IEO) which will serve as a forum to address economic issues
between States, create standards, encourage greater volume of trade between its members, and settle
economic disputes. After the Philippine President signed the agreement, the Philippine Senate demanded that
the international agreement be submitted to it for its ratification. The President refused, arguing that it is an
executive agreement that merely created an international organization and it dwells mainly on addressing
economic issues among States.

Is the international agreement creating the IEO a treaty or an executive agreement? Explain. (5%)

-XI-

The USS Liberty,  a warship of the United States (U.S.), entered Philippine archipelagic waters on its way to
Australia. Because of the negligence of the naval officials on board, the vessel ran aground off the island of Pala
wan, damaging coral reefs and other marine resources in the area. Officials of Palawan filed a suit for damages
against the naval officials for their negligence, and against the U.S., based on Articles 30 and 31 of the United
Nations Convention on the Law of the Sea (UNCLOS). Article 31 provides that the Flag State shall bear
international responsibility for any loss or damage to the Coastal State resulting from noncompliance by a
warship with the laws and regulations of the coastal State concerning passage through the territorial sea. The
U. S. Government raised the defenses that:

[a] The Philippine courts cannot exercise jurisdiction over another sovereign State, including its warship and
naval officials. (2.5%)

[b] The United States is not a signatory to UN CLOS and thus cannot be bound by its provisions. (2.5%)

Rule on the validity of the defenses raised by the U.S., with reasons.

2017

III.

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.
(2.5%)
(b) What is the difference between the principles of pacta sunt servanda and rebus sic stantibus  in international
law? (2.5%)

(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.
(2.5%)

2018

XI

Under Section 6 of Article V (on Criminal Jurisdiction) of the Visiting Forces Agreement (VFA), the custody of a
United States (US) personnel who becomes subject to criminal prosecution before a Philippine court shall be
with the US military authorities, if the latter so requests. The custody shall begin from the commission of the
offense until the completion of all judicial proceedings. However, when requested, the US military authorities
shall make the US personnel available to Philippine authorities for any investigative or judicial proceeding
relating to the offense with which the person has been charged. In the event that the Philippine judicial
proceedings are not completed within one year, the US shall be relieved of any obligation under Section 6.

The constitutionality of Section 6, Article V of the VFA is challenged on two grounds: (1) it nullifies the exclusive
power of the Supreme Court to adopt rules of procedure for all courts in the Philippines; and (2) it violates the
equal protection clause to the extent that it allows the transfer of the custody of an accused to a foreign
power as providing a different rule of procedure for that accused.

Rule on the challenge. (5%)