FINAL EXAM POLITICAL & INTERNATIONAL LAW REVIEW

I. 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 UNCLOS 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. (6%)

II. Describe the following maritime regimes under UNCLOS (8%)

(a) Territorial sea
(b) Contiguous zone
(c) Exclusive economic zone
(d) Continental shelf

III. M is the Secretary of the Department of Finance. He is also an ex-officio member of the Monetary
Board of the Bangko Sentral ng Pilipinas from which he receives an additional compensation for every
Board meeting attended. N, a taxpayer, filed a suit in court to declare Secretary M’s membership in the
Monetary Board and his receipt of additional compensation illegal and in violation of the Constitution. N
invoked Article VII, Section 13 of the Constitution which provides that the President, Vice-President, the
Members of the Cabinet, and their deputies or assistants shall not, unless otherwise provided in the
Constitution, hold any other office or employment during their tenure. N also cited Article IX-B, Section
8 of the Constitution, which provides that no elective or appointive public officer or employee shall
receive additional, double, or indirect compensation, unless specifically authorized by law. If you were
the judge, how would you decide the following: (Explain your answers fully)

(A) The issue regarding the holding of multiple positions? (6%)

(B) The issue on the payment of additional or double compensation?(4%)

IV. The Secretary of the Department of Environment and Natural Resources (DENR) issued
Memorandum Circular No. 123-15 prescribing the administrative requirements for the conversion of a
timber license agreement (TLA) into an Integrated Forestry Management Agreement (IFMA). ABC
Corporation, a holder of a TLA which is about to expire, claims that the conditions for conversion
imposed by the said circular are unreasonable and arbitrary and a patent nullity because it violates the
non-impairment clause under the Bill of Rights of the 1987 Constitution. ABC Corporation goes to court
seeking the nullification of the subject circular. The DENR moves to dismiss the case on the ground that
ABC Corporation has failed to exhaust administrative remedies which is fatal to its cause of action. If
you were the judge, will you grant the motion? (6%)

V. Congress passes a law prohibiting television stations from airing any-commercial advertisement
which promotes tobacco or in any way glamorizes the consumption of tobacco products. This legislation
was passed in response to findings by the Department of Health about the alarming rise in lung diseases
in the country. The World Health Organization has also reported that U.S. tobacco companies have
shifted marketing efforts to the Third World due to dwindling sales in the health conscious American
market. Cowboy Levy's, a jeans company, recently released an advertisement featuring model Richard
Burgos wearing Levy’s jackets and jeans and holding a pack of Marlboro cigarettes. The Asian
Broadcasting Network (ABN), a privately owned television station, refuses to air the advertisement in
compliance with the law. Decide the constitutionality of the law in question. (6%)

VI. The government sought to expropriate a parcel of land belonging to Y. The law provides that, to
get immediate possession of the land, the government must deposit the equivalent of the land's zonal
value. The government insisted, however, that what apply are the rules of court which require an initial
deposit only of the assessed value of the property. Which contention is correct? (4%)

VII. To address the pervasive problem of gambling, Congress is considering the following options: (1)
prohibit all forms of gambling; (2) allow gambling only on Sundays; (3) allow gambling only in
government-owned casinos; and (4) remove all prohibitions against gambling but impose a tax equivalent
to 30% on all winnings. (A) If Congress chooses the first option and passes the corresponding law
absolutely prohibiting all forms of gambling, can the law be validly attacked on the ground that it is an
invalid exercise of police power? Explain your answer. (4%)
(B) If Congress chooses the last option and passes the corresponding law imposing a 30% tax on all
winnings and prizes won from gambling, would the law comply with the constitutional limitations on the
exercise of the power of taxation? Explain your answer. (6%)

VIII. Sheila, an actress, signed a two -year contract with Solidaridad Films. The film company
undertook to promote her career and to feature her as the leading lady in at least four movies. In turn,
Sheila promised that, for the duration of the contract, she shall not get married or have a baby;
otherwise, she shall be liable to refund to the film company a portion of its promotion expenses.

(A) Does this contract impair, or impinge upon, any constitutionally protected liberty of Sheila?
Explain. (6%)
(B) If Solidaridad Films tries to enforce this contract judicially, will this constitutionally protected
liberty prevail? Explain. (4%)

IX. On April 6, 2003, Police Officer Mario Gatdula was charged by the Mayor with Grave Misconduct
and Violation of Law before the Municipal Board. The Board investigated Gatdula but before the case
could be decided, the City charter was approved. The City Fiscal, citing Section 30 of the city charter,
asserted that he was authorized thereunder to investigate city officers and employees. The case against
Gatdula was then forwarded to him, and a re-investigation was conducted. The office of the Fiscal
subsequently recommended dismissal. On January 11, 2006, the City Mayor returned the records of the
case to the City Fiscal for the submission of an appropriate resolution but no resolution was submitted.
On March 3, 2008, the City Fiscal transmitted the records to the City Mayor recommending that final
action thereon be made by the City Board of Investigators (CBI). Although the CBI did not conduct an
investigation, the records show that both the Municipal Board and the Fiscal’s Office exhaustively heard
the case with both parties afforded ample opportunity to adduce their evidence and argue their cause.
The Police Commission found Gatdula guilty on the basis of the records forwarded by the CBI. Gatdula
challenged the adverse decision of the Police Commission theorizing that he was deprived of due process.
Is the Police Commission bound by the findings of the City Fiscal? Is Gatdula’s protestation of lack or
non- observance of due process wellgrounded? Explain your answers. (8%)

X. An ordinance prohibits "notorious street gang members" from loitering in public places. The
police are to disperse them or, if they refuse, place them under arrest. The ordinance enumerates which
police officers can make arrest and defines street gangs, membership in them, and public areas. Is the
ordinance valid? Explain. (6%)

XI. 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? Explain. (6%)

XII. X, a Secretary and Consul in the American Embassy in Manila, bought from B a diamond ring in
the amount of P50.000.00 which he later gave as a birthday present to his Filipino girlfriend. The
purchase price was paid in check drawn upon the Citibank. Upon presentment for payment, the check
was dishonored for insufficiency of funds. Because of Xs failure to make good the dishonored check,
B filed a complaint against X in the Office of the City Prosecutor of Manila for violation of Batas
Pambansa Big. 22. After preliminary investigation, the information was filed against X in the City Court
of Manila. X filed a motion to dismiss the case against him on the ground that he is a Secretary and
Consul in the American Embassy enjoying diplomatic immunity from criminal prosecution
in the Philippines. If you were the Judge, how would you resolve the motion to dismiss? (10%)

XIII. What are the sources of International Law? (10%)

GOD BLESS YOU!