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Legal Technique and Logic

Moot Court Problem


Note: name your PDF file
Problem_[Petitioner/Respondent]

in

the

following

manner:

[NAME]_Moot

Court

The Philippine Congress passed the Sambansa Organic Law (SOL) creating the Sambansa
political entity, with its own territory covering the islands of Cebu, Biliran, Palawan, and
Mindanao.
Sambansa has a parliamentary form of government, with the Sambansa Parliament exercising
legislative power that is concurrently or exclusively delegated by the Philippine Congress. The
Parliament exercises its executive power through the Chief Minister. There will be a Pinuno that
serves as a ceremonial and titular head. Special courts with jurisdiction over personal, family,
property, and criminal jurisdiction are also created.
The Sambansa Parliament is vested with the power to, among others, create, divide, merge,
abolish or substantially alter boundaries of provinces, cities, municipalities or barangays within
the Sambansa territory in accordance with a law enacted by the said Parliament, and subject to
the plebiscite requirement.
The Sambansa Commissions on Elections, Civil Service, and Audit will likewise carry out the
functions of their counterpart constitutional commissions within the Sambansa jurisdiction.
Franklin Chabby, alleging that he is a lawyer, resident of Palawan, taxpayer, and that the case he
now files is of transcendental importance, lodges before the Supreme Court a petition for
certiorari and prohibition claiming that the SOL violates various parts of the Constitution,
including its Article X.
The Republic of the Philippines, as represented by the Office of the Solicitor General, counters
that the SOL is constitutionally valid in its entirety and that Chabbys petition should be
dismissed on procedural and substantive grounds.
The Supreme Court directed the parties to submit their respective Memoranda by June 2, 2015,
11:59PM PST. Schedule of the oral arguments on the petition will be announced on a later date.

Guidelines:
1. The memorandum shall be written in single space with a one-and-a-half space between
paragraphs, using an easily readable font of the authors choice, of 14-size font, and on a
13-inch by 8.5-inch PDF document.
2. The following margins should be observed: an upper margin of 1.2 inches from the edge;
a left hand margin of 1.5 inches from the edge, a right hand margin of 1.0 inch from the
edge; and a lower margin of 1.0 from the edge. Every page must be consecutively
numbered (except the first page).
3. A sample format is attached hereto as Annex A. Use Petitioner and Respondent as
party designation. Include a Table of Contents with a List of Laws and Jurisprudence
cited.
4. All memoranda should be submitted through email not later than June 2, 2015, 11:59PM
PST. Late submissions will not be accepted.
5. Each student should submit a memorandum for the party assigned to him/her as follows:
For the Petitioner
ALBA, Edmond
BAYTIC, Norie
DAYAO, Joana
DULAG, Mark Anthony
ELEVADO, Sabrina Joy
FAJICULAY, Frederick Kin
MAGPANTAY, Percival
MERJUDIO, Adelwisa
NAZARENO, Renieszhel
OBINAY, Muhammedan
OLAGUER, Jae Czel
RELON, Keithlene Bel
RIMANDO, Angela Joy
SANCHEZ, Gina
YARCIA, Isagani

For the Respondent


BULAN, Regine
CAETE, Elsa
CONCHA JR., Romulo
DELGRA, Fernando Jr
DIONEDO, Rachel
FERNANDEZ, Girlie
FLORANO, Rey Harold
MANUEL, Sarah
MARASIGAN, Raisa
MARCOS, Romando
MOLINA, Marxolen
SARMIENTO, Elizabeth
TAMO, John Cyrei Kennedy
TRESMARIA, Rosalie

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