2013 NATIONAL MOOT COURT COMPETITION ON INTERNATIONAL HUMANITARIAN LAW LETTER OF INTENT

To the Organizing Committee: This serves as an unequivocal intention of our school to join the 2013 National Moot Court Competition on International Humanitarian Law to be held on 18-22 November 2013. We clearly indicate that: 1. We are declaring our schools intention to join the said competition; and 2. We agree to abide by all the mechanics and rules finalized by the organizing committee in relation thereto. Name of School: Address: Name of Dean: Email Address: Trunk Line # Fax # Contact Person (for coordination purposes): Position: Email Address: Direct Line # Cellphone # Other Contact Details:

Direct Line # Cellphone #

Fax#

Prepared by: Signature Printed Name Position Date : _____________________ : _____________________ : _____________________ : _____________________

Approved by: Signature Printed Name Position Date : _____________________ : _____________________ : _____________________ : _____________________

For the Organizers: Date Received : _____________________ Received by : _____________________ Remarks:_________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ _

2013 NATIONAL MOOT COURT COMPETITION ON INTERNATIONAL HUMANITARIAN LAW November 18-22, 2013
Philippine Red Cross and the International Committee of the Red Cross In cooperation with: Supreme Court of the Philippines Hosted by: University of the Philippines- College of Law

Organized by:

REGISTRATION FORM
This serves as an unequivocal participation of our school in the 2013 National Moot Court Competition on International Humanitarian Law (IHL). We clearly attest that we have read and understood the general mechanics and rules and we agree to abide by all the mechanics and guidelines. Team Details:

Name of School: Name of First Counsel: Present year level: Name of Debate/Moot Society affiliated with: Name of Second Counsel: Present year level: Name of Debate/Moot Society affiliated with: Alternate/Researcher: Present year level: Name of Debate/Moot Society affiliated with: Name of Coach: Designation:
For Teams from outside Metro Manila:

a) b)

Gender:

a) b) a) b)

Gender:

Gender:

Gender

Will your alternate be staying in the same hotel where the team is billeted? ( ) Yes ( ) No ( ) No Alternate (Note: Alternate/Researchers who decides to stay with their team in the sane hotel will be responsible for all
expenses)

etc.)

For Teams taking a Plane: Date of flight to Manila: 2013 Time : _am / pm Date of return flight: 2013 Time : _am / pm (Note: The Secretariat reserves the right to book the participants to any of the following airlines: PAL, CP and AP For Teams taking the Bus: Date and time of arrival in Manila: Date and time of departure in Manila: Noted by: Dean Email registration form to ihl@redcross.org.ph Date:

2013 NATIONAL MOOT COURT COMPETITION ON INTERNATIONAL HUMANITARIAN LAW 18-22 November 2013
Organized by the: PHILIPPINE RED CROSS INTERNATIONAL COMMITTEE OF THE RED CROSS In partnership with the SUPREME COURT OF THE PHILIPPINES Hosted by the: University of the Philippines College of Law

INTRODUCTION The 2013 National Moot Court Competition on International Humanitarian Law (hereinafter "National Competition") provides a venue for law students to become acquainted and proficient in IHL issues, including related conventions, principles, and jurisprudence, as this is clearly of major concern to peoples lives. Furthermore, it offers an opportunity for students to practice and hone their skills in the art of argumentation. The general rounds, quarterfinals and semifinals will be held at University of the Philippines College of Law, on the 20th and 21st of November 2013. The final round and awarding ceremonies will be held at the Supreme Court En Banc Session Hall on the 22nd of November 2013. The winning team will represent the Philippines in the 12th Red Cross International Humanitarian Law Moot Court Competition to be held in Hong Kong, in March 2014. MOOT COURT RULES I. THE NATIONAL MOOT COURT COMPETITION COMMITTEE

The National Moot Court Competition Committee (hereinafter "Committee") is composed of representatives from the Philippine Red Cross (PRC), International Committee of the Red Cross (ICRC) and Supreme Court of the Philippines (SC). The Committee shall have the following functions and powers, to wit: 1. 2. 3. 4. 5. 6. 7. 8. II. Organize the National Competition; Set the Rules to govern the National Competition; Amend, interpret and apply such Rules; Appoint the Judges; Provide the Moot Problem (hereinafter "Compromis"); Receive all the Memorials submitted by the participating teams; Have the sole discretion in responding to any requests for clarification; and Disqualify or penalize teams for violation of any of the Rules.

REGISTRATION AND FEE

A letter of invitation will be sent to the Deans of different law schools or heads of educational institutions. The representative of the school shall inform the Committee

of its intention to participate in the National Competition by submitting the following: A Letter of Intent, duly accomplished and signed by the team coach, and A Certification Letter from the Dean attesting to the fact that the participants are currently enrolled and not graduating by October 2014.

These documents must be submitted not later than 26 July 2013 through the following modes: Email address Postal address : ihlmoot@yahoo.com.ph : Philippine Red Cross - IHL Office Bonifacio Drive, Port Area, Manila

The participating schools are required to pay a Registration Fee of PhP 4,500.00. The fee is non-refundable. Payment should be deposited to: Bank Account Type: Account Name Account Number : : : : Banco De Oro (BDO) Savings Account PNRC ICRC Communication and Dissemination 453 001 042 5

Registration payment should be sent not later than 30 August 2013. The deposit slip should be sent via email to ihlmoot@yahoo.com.ph. Non-payment of registration fee will nullify the team's registration.

Duly registered teams will be entitled to the following:

Gold membership to the PRC Insurance for one (1) year Meals Roundtrip airfare and hotel accommodations for two (2) participants, for teams from outside Metro Manila details.

Each team must designate an official representative with contact Information given to the representative shall constitute notice to the team.

The Registration Form will be sent to those teams which have signified their intention to participate in the 2013 National Competition. The completely filled up registration form must also be submitted on or before 30 August 2013. III. PARTICIPATION AND ELIGIBILITY

A. Eligibility A person may be a member of the team if he or she is: 1. Enrolled in the participating institution as of First Semester, academic year 2013-2014;

2. Not graduating by October 2014 1; and 3. Not a member of a team which has previously reached the final round of the National Competition. B. Team Composition The participating school is allowed to send only one team to the Competition composed of two (2) members and one (1) coach. The team members must satisfy the eligibility requirements stated in III.A. C. Team Anonymity Schools will be assigned team numbers through their representatives on or before 3 September 2013. The participating teams and their companions must not reveal their school affiliation to the judges for the entire duration of the National Competition, whether intentionally or inadvertently, such as by using their school jackets, pins, ID laces or other similar items which bear the school colors, name, initials, logo, or slogan. This Rule is intended to maintain the impartiality of the judges. IV. THE COMPROMIS AND CLARIFICATIONS A. Compromis The Committee will release the Compromis in June 2013. All correspondence and any other materials will be sent through the teams official representative, and may be downloaded from the PRC website (www.redcross.org.ph) and the official National Moot Court Competition Facebook page (www.facebook.com/IHLmootcourtPHL). B. Clarifications Teams may submit written requests for clarification not later than 7 September 2013. A request for clarification must be accompanied by a brief explanation of the material significance of the same. Clarifications must not be requested to obtain facts other than those already contained in the Moot Problem. The Committee shall determine the necessity of responding to the request for clarification and shall respond as it deems fit. Clarifications issued shall be considered part of the Compromis and will be sent to all team representatives. V. THE MEMORIALS A. Submission of Memorials Each team participating in the Competition is required to prepare and submit Prosecution and Defense Memorials on the Compromis which MUST BE RECEIVED BY THE SECRETARIAT ON OR BEFORE 5:00 PM OF 1 OCTOBER 2013. Memorials

To assure the teams eligibility to represent the Philippines in the 12th Hong Kong Red Cross Moot Court Competition

submitted to and received by the Secretariat beyond the specified date will be given the corresponding point deduction(s). The Teams are required to submit twelve (12) hard copies of their Prosecution and Defense Memorials through personal delivery, courier or similar express mail service to: Postal address: Philippine Red Cross - IHL Office PRC National Headquarters Bonifacio Drive, Port Area, Manila

Teams must likewise send via electronic mail a copy of each Memorial to ihlmoot@yahoo.com.ph in Microsoft Word format (.doc) on or before 1 October 2013. The file name must bear the schools team number and side (Format: 21Prosecution.doc, 21Defense.doc). Revisions to the Memorials shall not be allowed once submitted. Delay in the submission of Memorials shall incur a penalty equivalent to ten (10) points for every day of delay, up to a maximum of thirty (30) points. A fraction of a day shall be considered as one day. B. Format of Memorials All parts of the Memorial must be in Times New Roman, Size 12, with 1 line spacing and printed on standard short bond paper (8 x 11). Quotations and footnotes shall have the same format but with single line spacing except between separate footnotes. The Memorials must have corresponding page numbers in the following format: Page 1 of X. The Memorials must be stapled on the upper left side. The Cover Page, Table of Contents, and Index of Authorities must be double-spaced. The Pleadings section of each Memorial, including the Summary of Arguments, Conclusion/Prayer for Relief and citations, shall not exceed 2,000 words. Words in excess of the maximum shall have a corresponding deduction in the teams Memorial score, to wit: 1-50 words, deduction of 5 points 51-100 words deduction of 10 points 101-200 words, deduction of 20 points Over 200 words, deduction of 30 points

C. Parts of the Memorial 1. Cover Page The cover page should only bear the following information: The team number followed by Prosecution for the Prosecution Memorial (Format: 21Prosecution) or Defense for the Defense Memorial (Format: 21Defense). This must be indicated on the upper right corner of the cover page

Title of the case Month of the Competition (Format: November 2013)

2. Table of Contents The Table of Contents must list all the contents of the Memorial, including the headings and sub-headings. 3. Index of Authorities The Index of Authorities provides a list of the authorities cited in the Memorial, i.e., laws, commentaries, cases, and other articles used as references. The list must be segregated according to type of source (i.e. treaties, judicial decisions, etc.), and alphabetically arranged within each category. It must specify the pages in the Memorial where each authority is cited. 4. Statement of Facts The Statement of Facts in narrative form contains the stipulations and inferences in the Compromis. It must present the facts found in the Compromis in a form according to the teams position without adding or distorting the facts or making unreasonable inferences therein. 5. Summary of the Pleadings The Summary of the Pleadings provides a substantive summation of the arguments presented in the Memorial. It should not be a reproduction of the headings and subheadings found therein. To be effective, it must present the arguments concisely and direct to the point preferably in no more than two sentences. 6. Pleadings (Body of the Memorial) This is the core of the Memorial. The Pleadings contain the arguments, position, or standpoint of the team. It provides the law and jurisprudence on which the arguments are founded. 7. Conclusion/Prayer for Relief The Conclusion/Prayer for Relief states the remedy the team is asking the Court to order. This is not to be used for presenting new information or as the summation of the teams case. D. Research and Assistance The team members shall solely be responsible for the research, writing, and editing of the Memorials. However, student-researchers may assist a team in the preparation of the Memorials. The coach may provide advice to the team but it must be limited to: a general discussion of the issues; consultations on oral argumentation techniques; suggestions on research materials and sources; and

 VI.

comments on argumentation structure.

THE PAIRING PROCEDURES The pairing of teams for the general rounds as Prosecution or Defense shall be determined through a random draw by the Committee. The Committee has the power to adjust the pairing in order to account for absentee teams or other contingencies. No team shall compete against the same team twice in the general rounds. The Memorials of the opposing teams will be distributed on 19 November 2013.

VII.

THE ORAL HEARING PROCEDURES

A. The Rules applicable to all the rounds 1. Each team shall consist of a first counsel and a second counsel, as designated by the team. 2. The order for the oral arguments is as follows: Prosecution 1 Prosecution 2 Defense 1 Defense 2 Rebuttal, if any (Prosecution 1 or 2) Surrebuttal, if any (Defense 1 or 2) 3. Each team is given a total of 40 minutes to speak, allocated as follows: 30 minutes to be distributed between the first and second counsel Maximum of 10 minutes for rebuttal (Prosecution) or surrebuttal (Defense) 4. Entry of appearance. After introductions, the first counsel shall indicate at the start how long each counsel will speak and the time allotted for the rebuttal or surrebuttal. The time of the first counsel shall begin from the entry of appearance. 5. Time Limitations. The remaining time in the oral arguments, if any, may not be used to extend the time allocated for rebuttal or surrebuttal. Neither can the time allocated for rebuttal or surrebuttal be used to extend the time for oral arguments. 6. Rebuttal may be waived. If the Prosecution waives the rebuttal, the Defendant shall not appear for surrebuttal. 7. A counsel may ask the Court for an extension before the end of his/her designated time. The Court has the discretion whether to allow such request for extension. 8. There will be a timekeeper who will notify the counsels when they have: 5 minutes left 1 minute left 30 seconds left no time left

9. Any communication at the counsel table shall be in writing to prevent disruption. The team members must avoid any noise or inappropriate behavior which may disturb the proceedings. 10. Team members are not allowed to communicate with the audience or their respective coaches. 11. During the general and quarter-final rounds, team supporters are only allowed to observe the matches in which the school they are affiliated with is competing. The semi-final and final rounds are open to everyone. 12. Participants and members of the audience are not allowed to use electronic devices such as laptops, tablets, handheld computers, mobile phones, mp3 players, cameras, recorders and other similar gadgets during the rounds. B. Rebuttal and Surrebuttal The Prosecution's Rebuttal shall be limited to the points raised in the Defendant's Oral Presentations. The Defendant's Surrebuttal shall be limited to the points raised in the Prosecution's Rebuttal. Any infraction of the foregoing shall incur deductions of up to ten (10) points from the total team score in the round. C. The General Rounds All participating teams that have submitted their Memorials shall participate in the General Rounds. Each team shall argue twice in the General Rounds, once as Prosecution and once as Defense, on 20 November 2013. D. The Quarterfinal Round The top eight (8) teams in the general round, based on their aggregate scores in the oral rounds and their memorials, shall advance to the quarterfinal round, which will be held in the morning of 21 November 2013.

Two brackets (Brackets A and B) will be created. The pairings for the quarterfinal round shall be determined based on their general round rankings, as indicated in Figure 1 below. Figure 1. Bracket A
Ra1 nked 1s t vs. 8 vs. ranked 8th Ra3 nked 3r d vs. 6 vs. ranked 6th

Bracket B
Ra2 nkv es d. 2n 7d vs. ranked 7th Ra4 nkv es d. 4t h 5 vs. ranked 5th

Quarterfinals 4 simultaneous matches

QF Winner 1

QF Winner 2

QF Winner 3

QF Winner 4

Finalist 1

Finalist 2

The sides will be determined by a coin toss. The winner of the toss shall be given the opportunity to choose their side. The four (4) winners in the quarterfinal round shall advance to the semifinal round. E. The Semifinal Round The winners in the quarterfinal round shall compete in the semifinal round, according to their brackets, as indicated in Figure 2 below.

Figure 2. Bracket A
1 vs. 8 3 vs. 6

Bracket B
2 vs. 7 4 vs. 5

QF Winner 1

QF Winner 2

QF Winner 3

QF Winner 4

Semifinals 2 consecutive matches

inia lie srt1 SF W nn

nn SF W inia lie srt2

The sides will be determined by a coin toss. The winner of the toss shall be given the opportunity to choose their side. The semifinal round shall be held in the afternoon of 21 November 2013 at the University of the Philippines College of Law. The Final Round The two winners in the semifinal round shall compete against one another in the final round, as indicated in Figure 3 below. Figure 3. Bracket A
1 vs. 8 3 vs. 6

Bracket B
2 vs. 7 4 vs. 5

inia lie srt1 SF W nn

inia nn lie srt2 SF W

Final Round

The final round shall be held in the morning of 22 November 2013 at the Supreme Court En Banc Session Hall. The team which will argue as Prosecution or Defense shall be determined by a coin toss. The winner of the toss shall be given the opportunity to choose their side. VIII. COMPETITION SCORING

The scoring shall consist of two parts: The scoring of the Memorials; The scoring of the Oral Rounds.

A. Scoring of Memorials Each Memorial shall be assessed by at least two judges, one of whom is a current or former judge / lawyer / law professor or an expert in International Humanitarian Law. Each judge shall score a Memorial on a scale of fifty (50) to one hundred (100) points. The average of the scores given by the judges will be the final score of a Memorial. B. Scoring of the Oral Rounds The oral presentations in the general, quarterfinal, semifinal and final rounds shall be evaluated by at least three judges. At least one judge in the general rounds and two in the quarter-final, semi-final and final rounds shall be a current or former judge / lawyer / professor or an expert in International Humanitarian Law. In each of the general, quarterfinal, semifinal, and final rounds, the maximum score for each counsel shall be 200 and the maximum score for each team shall be 400. C. Scores per Round For each round, the teams aggregate score out of 500 shall be determined by combining its Memorial score with the two oral presentation scores, pursuant to the above rules. D. Tie-Breaking Procedure In case of a tie for a particular slot in the quarterfinal round, the team that has the highest average score for its oral presentations in the general rounds shall proceed to the next round. In the event that the tie is still not decided, the team whose first counsel has the highest average score for his or her oral presentations in the general round shall qualify for the quarterfinal round. E. Finality of Judging The scores given by the judges, as computed and verified by the official tabulators, shall be final. F. Tabulators The PRC shall designate the official tabulators for the National Competition. IX. PENALTIES

A. Memorial Penalties The Memorial penalty shall be deducted from the Memorial's final score. The Committee shall notify the teams of the imposed penalties prior to the general round. The deadline for filing an appeal is on or before 7 October 2013. No further appeal is allowed after a final decision is made by the Committee.

RULE V. A. V. B.

V. B.

V. C. 1. III. C. V.

SUMMARY PENALTY Late submission of 10 points for every day of delay memorial (maximum of 30 points) Use of incorrect 1 point per violation, up to a maximum of 10 size/format points 1-50 words in excess, deduction of 5 points 51-100 words in excess, deduction of 10 points Excessive length of 101-200 words in excess, deduction of 20 pleadings points Over 200 words in excess, deduction of 30 points Failure to include the necessary information in 2 points (one-time penalty) the Cover Sheet 10 points (one-time penalty) Violation of Anonymity Other violations of memorial format 2 points (one-time penalty) requirements

B. Oral Round Penalties RULE III. C. VII. A.8-9 VII. A.10 VII. A.11 VII. B. SUMMARY Violation of Anonymity Disruptive noise, inappropriate behavior, prohibited communication Scouting Use of prohibited electronic devices during the rounds Exceeding the allowed scope of the Rebuttal or Surrebuttal PENALTY 10 points 10 points 10 points 10 points Maximum of 10 points

C. Other Penalties RULE III. C. IX. G. SUMMARY Violation of Anonymity Other penalties (absences and tardiness) PENALTY 10 points 5 points infraction

for

every

D. Complaint Procedure A complaining team must submit a written notification to the Committee within fifteen (15) minutes from the conclusion of the oral round, if they will allege that any violations have been committed. The notice must specify clearly the violation and the parties involved. Failure to follow this procedure shall result in the nullification of the teams complaint. Reports of alleged violations may also be received by the Committee from assigned bailiffs, judges and members of the organizing group. The Committee's decision on the complaint shall be final.

E. Judges prohibited from deducting penalties Only the Committee shall deduct penalties from the scores of the oralists. The judges shall score the round as if no violation was committed by the oralists. F. Notice of Penalties The Committee shall notify the teams of the Memorial penalty they incurred prior to the General Round. The Committee shall likewise notify the teams of any Oral Round Penalties they incurred. G. Other Penalties Attendance in all activities is mandatory. Absence or tardiness by any of the team members in any of the activities lined up for the duration of the Competition will result in a five (5) point deduction, for every infraction. Teams which abandon the competition without valid cause shall be disqualified from joining subsequent competitions, and shall be required to reimburse accommodation and travel expenses. For this purpose, abandonment is defined as leaving the competition premises with no intention to return or finish the competition. X. AWARDS The winning team in the Final Round shall be awarded the National Moot Court Cup and will represent the Philippines in the 2014 Hong Kong Red Cross IHL Moot Court Competition.

The top three (3) highest scoring counsels in the oral hearings of the general rounds will be awarded certificates as 1st, 2nd, and 3rd Best Mooters, respectively. The highest ranking oralist in the general rounds will be awarded the Justice Ines Luciano Best Mooter Award.

The other teams which entered the quarterfinal and semifinal rounds shall be given Plaques of Recognition.

The Prosecution Memorial and Defense Memorial with the highest scores shall be adjudged as the Best Memorials for the National Competition. XI. INTERPRETATION OF RULES The Committee shall have absolute discretion to resolve any issues concerning the interpretation of rules

TIMELINE DATE June 2013 ACTIVITY Release of the Compromis

26 July 2013

Deadline for the submission of letters of intent, certification letters from the Dean and the registration fee Deadline for submission of registration forms

7 September 2013 1 October 2013 4 October 2013 18 November 2013

Deadline for submission of written clarifications regarding the Compromis Deadline for submission of memorials Late submission deductions) of memorials (with

requests

for

corresponding

Briefing and IHL Talk for participating teams Supreme Court tour Welcome dinner

19 November 2013

IHL Role Play Challenge Exchange of memorials

20 November 2013 21 November 2013

General rounds Quarterfinal rounds Semifinal rounds

22 November 2013

Final round Awarding ceremony