Professional Documents
Culture Documents
(b) the treaty must be duly concurred in by the Senate and, when so required by congress, ratified by
a majority of the votes cast by the people in a national referendum; and
- Grave abuse by the presidential adviser on the peace process, failed to arry out the
pertinent consultation process.
- Interchange of DFA sec BLAS OPLE with Ambassador for the “ Non surrender bi-
lateral agreement”
- CNMEG and Northrail is acting in proprietary agents of China, Silent on the legal
nature of the transaction and shows that venture is proprietary (jure gestionis)
- Not binding to Germany because there is no state practice and opinion juris. And
even if they are they can chose not to be bound by article 6.
Declarations may made by unilateral acts concerning legal or factual situations, and
may have the effect of creating legal obligations. The intention of being bound is to be
ascertained by an interpretation of the act.
The binding character of the undertaking results from the terms of the act and is based
on good faith. Interested States are entitled to require that the obligation be respected.
-France already stopped nuclear trials before the court can try the case
14.) NICARAGUA V US
DOCTRINE:
Jurisdiction of the ICJ may be derives from Treaties or Customary Laws.
ICJ determined that the US breached the Principle of non intervention when it used force against
other state when it attacked Nicaragua and supported the activities of the contras that resulted to force
Constitution did not pursue Isolationist Policy, cannot shut out foreign investment.
Sovereignty is subject to limitation which the Philippines voluntarily agreed upon.
(Uruguay Round of Multi-Lateral Negotiations)
DOCTRINE:
Legal ties is applied through “Self determination through the free and genuine expression of the
will of the people of the territory”. Court finds that neither the internal nor the international acts relied upon
by Morocco indicate the existence at the relevant period of either the existence or the international
recognition of legal ties of territorial sovereignty between Western Sahara and the Moroccan State
JURISDICTION OF STATES
Palmas could not be granted to the US when the Spaniards did not have title to it.
There is no positive international law that argues the “Principle of Contiguity”, mere proximity
was not an adequate claim to land and such would lead into arbitrary results. INCHOATE title cannot
prevail over a definite title. Peaceful and continuous display of territorial sovereignty is a good title.
-Netherlands has showed documentation and held actual title since 1677
-The Philippines has failed to show documentation proving Spanish sovereignty on the islands
except the document about island discovery
A Country is BOUND by the reply given on its behalf by its minister of foreign affairs, therefore in
this case, the response by the diplomatic representative of a foreign power is Binding upon the minister
- Vienna Convention on the Law of treaties
Sufficient for Denmark to establish sovereignty over Greenland throughout the period
5.)FISHERIES CASE
DOCTRINE
"an existing customary law rule would not apply to a state if it objected to any outside attempts to
apply the rule to itself, at the initial stages and in a consistent manner, and if other states did not object to
her resistance"
- 10 mile rule cannot be considered as a generally accepted principles for there are other nations
that have used different limits. Further Norway has always opposed any attempt to apply it to the
Norwegian coast.
6.) THE WESTERN SAHARA CASE
7.) THE CORFU CHANNEL CASE
DOCTRINE
Ships Conditional on prior authorization conflicts with the generally admitted principles of
states. Wherein warships may use the straits provided that the passage is innocent.
- Operation on November 12/13 was executed contrary to the clearly expressed wish
of the Albanian government, it did not have the consent of the international mine and
clearance organizations and COULDN’T be justified that passage was innocent. (UK
object was to secure mines)
- RIGHT OF INTERVENTION is not in place of international law.
CONFLICT between MUNICIPAL LAW AND INTERNATIONAL LAW- municipal laws should be
upheld in the municipal courts. The doctrine of incorporation decrees that rules of international law are
given equal standing NOT superior to national legislative enactments.
- Should be given the extradition request and its supporting papers to give him
reasonable time within to file his comment with supporting evidence
- Extradition proceedings poses threat to a prospective extradites liberty as early as
the evaluation stage. (Imminent threat)
-
10.) SEC OF JUSTICE V MUNOZ
DOCTRINE:
Claiming urgency in existing treaties or Philippine legislation defines the meaning or Urgency as
used in the context of a request for Provisional Arrest. THERE IS URGENCY Since offense charged and
the personality of Extraditee, makes hims susceptible to the INCLINATION to FLEE or ESCAPE from
jurisdictionif he were to learn about the impending request for his extradition or DESTROY the evidence
pertinent to the said request for his eventual prosecution
-Jimenez motion for case (extradition case) before issuing warrant of arrest. (RP -US extradition
treaty) would render the extradition NUGGATORY- for immedience
- No Bail
12.) RODRIGUEZ V RTC OF MANILA
DOCTRINE:
The cancellation of bail bond may be made only after notice and hearing. Otherwise, the right to
due process of law will be violated.
-Cancellation of bail bond violative of due process amounting to grave abuse of discretion.
- Being granted bail bond shows that he/she has shown evidence that he/she is not a flight risk
- Given to 1.) Not a flight risk 2.) exist special humanitarian and compelling circumstances
-HK: no right to bail and that bail is only limited to criminal proceedings
- Section 13, Article III of the Constitution provides that the right to bail shall not be impaired.
Even when writ of habeas corpus is suspended
- Right to bail (declaration) and ( convention)
Veridiano was acting in accordance as an officer of the United States therefore cannot be sued.
Tesda performs governmental functions and the issuance of certifications is a task within its
function of developing and establishing a system of skills, standardization, testing and certification in the
country, PROVIDING PVC ID is not a commercial action but rather governmental.
- ATCI is liable . RA 8042 affords OFWs with a recourse and assured them of immediate and
sufficient payment of what is due to them
- The Philippines does not take judicial notice of foreign laws, hence, they must not only be
alleged; they must be proven ( under kuwait)
23.) DEUTSCHE V CA
DOCTRINE:
The principle of state immunity from suit, whether a local state or a foreign state, is reflected in
Section 9, Article XVI (16) of the Constitution,
Which states that the State may not be sued without its consent. State immunity from suit may be
waived by general or special law.
Where suit is filed not against the government itself or its officials but against one of its entities, it
must be ascertained whether or not the State, as the principal that may ultimately be held liable, has
given its consent to be sued.
26.) LASCO v UN
DOCTRINE:
The reason behind the grant of privileges and immunities to international organizations, its
officials and functionaries is to secure them legal and practical independence in fulfilling their duties.
27.) ICMC VS CALLEJA
DOCTRINE:
It is a recognized principle of international law and under our system of separation of powers that
diplomatic immunity is essentially a political question and courts should refuse to look beyond a
determination by the executive branch of the government