2019 Political Law and International Law

(a) Jus cogens (2%)

Jus cogens refers to peremptory norms of general international law that are universally recognized, non-derogable, and binding on all States. No derogation is permitted from these norms, even by treaty or agreement.
🔑 Examples: prohibition of genocide, slavery, torture, and aggression.

(c) Act of State doctrine (2%)

The Act of State doctrine is a principle in public international law which holds that a State’s courts will not sit in judgment on the validity of public acts (acts jure imperii) performed by a foreign sovereign within its own territory.
🔑 Rationale: Upholds sovereignty, equality of States, and non-interference.

(d) Precautionary principle (2%)

The precautionary principle in environmental law means that where there are threats of serious or irreversible environmental damage, the lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation.
🔑 Basis: Principle 15 of the Rio Declaration (1992).

Under the United Nations Convention on the Law of the Sea (UNCLOS), what are the rights of the Philippines within the following areas:

(a) Contiguous zone (2%)

Under Article 33 of the United Nations Convention on the Law of the Sea (UNCLOS), the contiguous zone is an area beyond and adjacent to the territorial sea, extending up to 24 nautical miles from the baselines from which the breadth of the territorial sea is measured.

👉 Within this zone, the Philippines has the right to exercise control necessary to:

1. Prevent infringement of its customs, fiscal, immigration, and sanitary laws and regulations within its territory or territorial sea; and

2. Punish infringement of the above laws and regulations committed within its territory or territorial sea.

🔑 Thus, while the Philippines does not enjoy full sovereignty over the contiguous zone (unlike in the territorial sea), it has limited jurisdiction for enforcement and protective purposes.

(a) What is the stop and frisk rule? (2.5%)

The stop and frisk rule is a limited protective search of a person by law enforcement officers where, on the basis of their experience and surrounding circumstances, they have a genuine reason to believe that the person is armed and dangerous. It does not require probable cause in the strict sense but only a reasonable suspicion, and it is strictly confined to determining the presence of weapons. (Malacat v. Court of Appeals, G.R. No. 123595, Dec. 12, 1997; Terry v. Ohio, 392 U.S. 1).

Atty. G ran for Governor of the Province of Pampanga, while his close friend, Atty. M, ran for Mayor of the Municipality of Guagua, Pampanga. (a) What are the term limits for the positions of Atty. G and Atty. M?

Under Article X, Section 8 of the 1987 Constitution and Section 43(b) of the Local Government Code (R.A. 7160):

• Governor (Atty. G): A Governor has a term of three (3) years and may serve for no more than three (3) consecutive terms.

• Mayor (Atty. M): A Mayor likewise has a term of three (3) years and may serve for no more than three (3) consecutive terms.

After reaching the 3-term consecutive limit, both are ineligible for immediate reelection but may run again after an interruption of one term.

(Borja, Jr. v. COMELEC, G.R. No. 133495, Sept. 3, 1998).

Who are the impeachable officers under the 1987 Constitution?

Under Article XI, Section 2 of the 1987 Constitution, the impeachable officers are:

1. The President;

2. The Vice-President;

3. The Members of the Supreme Court;

4. The Members of the Constitutional Commissions (COMELEC, COA, CSC); and

5. The Ombudsman.

Briefly explain the process to revise the 1987 Constitution. (2.5%)

Under Article XVII of the 1987 Constitution, revision of the Constitution may be proposed by:

1. Congress, by a vote of three-fourths (3/4) of all its Members; or

2. A Constitutional Convention, which may be called by a two-thirds (2/3) vote of all Members of Congress, or by a majority vote of all Members of Congress with ratification by the people in a plebiscite.

Any revision shall take effect only when ratified by a majority of votes cast in a plebiscite, which must be held not earlier than 60 days nor later than 90 days after approval of the proposal.

Briefly explain the process to revise the 1987 Constitution. (2.5%)

Under Article XVII of the 1987 Constitution, revision of the Constitution may be proposed by:

1. Congress, by a vote of three-fourths (3/4) of all its Members; or

2. A Constitutional Convention, which may be called by a two-thirds (2/3) vote of all Members of Congress, or by a majority vote of all Members of Congress with ratification by the people in a plebiscite.

Any revision shall take effect only when ratified by a majority of votes cast in a plebiscite, which must be held not earlier than 60 days nor later than 90 days after approval of the proposal.