UNCLOS

1. When can the coastal state exercise jurisdiction in criminal cases?

When the consequence extends to the coastal state
When it disturbs the peace or good order of the coastal state
When the diplomatic agent or master of the ship requests assistance of local authorities
When it is necessary for the suppression of illicit traffic in narcotics

2. In case of conflicts, how do UNCLOS state parties settle their dispute?

*They are to settle by peaceful means. If no settlement has been reached, the dispute must be
submitted at the request of any party to a court or tribunal having jurisdiction.

3. What is the fundamental norm of Customary International Law? What is the objective of the
said norm? Define this norm/principle.

*The fundamental norm of this Customary International Law is the principle of equidistance.
Thus, the objective is to have an equitable result. This norm is to be the basis of international law
that promotes fairness between the CS and the States.

4. Who are the members of the International Tribunal for the Law of the Sea?

*21 independent members elected by States Parties to the Convention on the Law of the Sea
from among persons with recognized competence in the field of the law of the sea and
representing the principal systems of the world.

5. Discuss the freedom of navigation on high seas in the terms of nationality of ships, vessels in
service of international organizations and warships?

*1. Nationality of Ships

Every State shall fix the conditions for the grant of its nationality to ships, for the registration of
ships in its territory, and for the right to fly its flag. Ships have the nationality of the State whose
flag they are entitled to fly. There must exist a genuine link between the State and the ship.

Every State shall issue to ships to which it has granted the right to fly its flag documents to that
effect.

2. Vessels in service of international orgs.

The preceding articles do not prejudice the question of ships employed
on the official service of the United Nations, its specialized agencies or the
International Atomic Energy Agency, flying the flag of the organization.

3. Warships, etc.
Warships on the high seas have complete immunity from the jurisdiction of any State other than
the flag State.

Ships owned or operated by a State and used only on government non-commercial

services

MARTIAL LAW
1.) Decide on the constitutionality of Proclamation No. 216
The constitutional requirements for necessity were addressed by the president in his
proclamation, stating the lawless violence perpratrated by the Maute group in laying siege in
Marawi.
The requirement of transmitting a report within 48 hours from the declaration was met.
Proclamation was made May 23, 2017 and report was submitted.
Congress merely issued a resolution in favour of the martial law without voting in a joint
session after convening. Although it has not exercised its right to review the factual basis of the
declaration, it have not revoked the same.
2.) Supposing the Proclamation 1081 was promulgated in this year, what violations will it
have under the 1987 constitution?
Such proclamation violates the constitutions operation as it aims to suspend the same.
This proclamation allows for courts martial to supplement civil courts.
It violates the principle of separation of powers for allowing the executive to encroach
upon the legislative and judicial powers of the co-equal branches.
It violates the rights of the citizens against arbitrary detention
It violates the limits of declaring the martial law not more than 60 days.
3. Juan, a resident of Zamboanga City, of right age and a construction worker of a private
company. During the Martial Law in the whole of Mindanao island, he was arrested by the
authorities, without a warrant presented to him in his house at night, on the grounds that
he is allegedly a member of Maute group, who are currently terrorizing Marawi City. He
was detained for 1 month, and continuing, without judicially charged of rebellion or
invasion. What are the violations in this case? Explain.
 - The police violated the fact that in case someone is arrested or detained without
being judicially charged, he must be released within 3 days. There is no need for an arrest
warrant as they are performing their duties and that the allegation unto Juan is in the
scope of the martial law.
4. Briefly explain what happens when the privilege of writ is suspended
- When the privilege of the writ is suspended, the person under detention by the
government may not obtain his liberty by its use.
The writ itself may still be issued by the court and the person detained must still be
produced in court. However, the official or person detaining him may ask the court not to
continue the proceeding any further as the privilege of the writ as to that particular person
seeking release has been suspended
Once the officer making the return shows to the court that the person detained is being
detained for an office covered by the suspension, the court may not enquire any further.

5. Is congressional review compelling despite resolution issued in favour of declaration?

- As stated in Art. 7, Sec. 18, it is the duty of the Congress to convene within 48
hours after the declaration in order to either affirm or revoke the declaration. Such duty is
automatic and does not require for a call for the congress to convene.

UNCLOS

1. When is passage considered innocent?

*Passage is innocent so long as it is not prejudicial to the coastal states peace, good
order, or security.

2. What tribunal has the exclusive jurisdiction with respect to disputes relating to activities in the
international seabed area?
*The International Tribunal for the Law of the Sea

3. Definition and breadth of Exclusive Economic Zone?

*An area beyond the territorial sea; 200 nautical miles from the baseline

4. What are the conditions of port state enforcement?

 *Vessel must be voluntarily in port
*There must ba a violation of applicable international rules and standards established
through the competent international organization or diplomatic conference.

5. What is the rule on freedom or navigation on High seas with regard to the nationality of the
ship?
*The state.

Ebook of Justice Carpio

1. Give the etymology of the word Austronesia

a. Austronesia comes from the Latin word auster, which means south wind, and the
Greek word nesos, which means island.

2. Enumerate the reefs in Spratlys where China has undertaken massive land reclamation.
a. Mischief (Panganiban) Reef
b. Subi (Zamora) Reef

3. Briefly differentiate balangay and karakoa.

a. Balangay, an Austronesian word for sailboat, was used for transportation, cargo
and trading. While karakoa was developed as a warship.

4. Explain the reclamations on high-tide elevations.

a. A rock above water at high tide is land territory that generates a 12 NM territorial
sea and territorial airspace above the land and its territorial sea. Reclamations made
on a rock above water at high tide are expansions of insular land territory and are
valid under UNCLOS.

5. Are the artificial islands structures put up by a state other than the coastal state legal?
Explain briefly.
 a. Artificial islands or structures put up by a state other than the coastal state, within
the EEZ or ECS of the coastal state, are illegal under UNCLOS. Only the adjacent
coastal state can erect artificial islands, installations and structures on the
continental shelf.

MARTIAL LAW

1. Why is there a need for Martial law?

- There is a need for ML because should the right and power of President to
declare it cease to exist, peace, good, order, security and even the government
itself may be destroyed and obliterated. The government will lose their means
if minimizing lawless violence.

2. 2 conditions in declaring Martial law?

- A. There must be invasion or rebellion at the time of the suspension
- B. The public safety must require the suspension.

3. Effect of a state of Martial Law (1987 Constitution)

- It does not suspend the constitution.
- It does not replace the functioning of the civil courts or legislative assemblies.
- It does not authorize the conferment of jurisdiction on military courts and
agencies over civilians where civil courts are able to function.
- One of the heavily criticized issues regarding the Martial Law in Mindanao is
the fact that the Congress has yet to convene in order to confirm or revoke the
proclamation of the President.

4. Limits on the power to declare Martial law as provided in Art. 7 Sec. 18 of 1987
Constitution
- A. There must be (actual) invasion or rebellion and public safety requires the
proclamation or suspension
 - B. The duration shall not exceed 60 days unless extended by Congress (which
must be convene within 24 hours following the proclamation or suspension
without need of a call)
- C. The President must submit a report in person or in writing within 48 hours
from the proclamation or suspension
- D. Congress is required to review the proclamation
- E. The Supreme Court may inquire into the sufficiency of the factual basis of
the proclamation or suspension.
-
5. Compare Proclamation 1081 and Proclamation 216

Proclamation 1081

- Legislative power was vested to the Prime Minister and shall have the
power to create Penal Presidential Decrees
- There is no need for the congress to convene.
- Arrested and detained individuals may be released only by the orders of
the Prime Minister.
- Automatically suspends the writ of habeas corpus.
- Martial courts substitutes civil courts.

Proclamation 216

- The constitution, civil assemblies are functional

- The Supreme Court may review any proceedings submitted by any
persons to review the proclamation of Martial Law.
- Arrested or detained individuals should be judicially charged for rebellion
or offenses directly connected with invasion within 3 days from arrest,
otherwise he shall be released.
- Military courts do not substitute the civil courts.
- Does not automatically suspend the writ of habeas corpus.
- May be extended or revoked by a joint vote of the congress.
 RH LAW
1. What is RA no. 10354? Why was it enacted?
Republic Act (R.A.) No. 10354, otherwise known as the Responsible Parenthood and
Reproductive Health Act of 2012 (RH Law), was enacted by Congress on December 21, 2012.

It provides universal access to reproductive health services and information. It prioritizes

poorer households and empowers Filipino people especially women and child through informed
choice and age- and development- appropriate education.
The RH Law was enacted to provide Filipinos, especially the poor and the marginalized,
access and information to the full range of modem family planning methods, and to ensure that its
objective to provide for the peoples' right to reproductive health be achieved.

It opens the possibility of cooperation and reconciliation among different sectors in

society: engagement and dialogue characterized not by animosity, but by our collective desire to
better the welfare of the Filipino people

2. Explain the history of the previous laws leading up to the enactment of the RA 10354. What
makes the RA 10354 different from the prior laws enacted before it?
R.A. No. 4729 entitled "An Act to Regulate the Sale, Dispensation, and/or Distribution of
Contraceptive Drugs and Devices." enacted on June 18, 1966.
R.A. No. 5921, approved on June 21, 1969, contained provisions relative to "dispensing of
abortifacients or anti-conceptional substances and devices."
RA. No. 6365, approved on August 16, 1971, entitled Act Establishing a National Policy
on Population, Creating the Commission on Population and for Other Purposes on December
11, 1967.
Presidential Decree. (P.D.) No. 79, dated December 8, 1972, which, among others, made
"family planning a part of a broad educational program,"
the country enacted R.A. No. 9710 or "The Magna Carta for Women, " which, among others,
mandated the State to provide for comprehensive health services and programs for women,
including family planning and sex education On August 14, 2009.

Despite the foregoing legislative measures, the population kept increasing. The executive and the
legislative, thus, felt that the measures were still not adequate the RH Law was enacted to
provide Filipinos, especially the poor and the marginalized, access and information to the full
range of modem family planning methods, and to ensure that its objective to provide for the
peoples' right to reproductive health be achieved.

The RH Law made it mandatory for health providers to provide information on the full range of
modem family planning methods, supplies and services, and for schools to provide reproductive
health education.
The RH Law criminalizes certain acts of refusals to carry out its mandates.

3. Give at least 3 main grounds raised by the petitioners. Explain why the petitioners raised these
issues and what were the response of the framers.
A. Right to Life
Petitioners- Contraception leads to an increase in abortion rates.
Anti-life through employment of artificial family planning methods.
Accessibility of birth gapping or total halting of child bearing.

Framers- Contraceptives prevent ovulation that take action before fertilization (Infant Mortality).
Maternal deaths can be prevented through family planning-usage of non-abortificient
contraceptives.
Prevent Unintended Pregnancy.

B. Right to Health
Petitioners- health-related risks such breast and cervical cancer through usage of contraceptives.
Inclusion of hormonal contraceptives, intrauterine devices, injectable and other effective family
planning products and supplies in the National Drug Formulary and in the regular purchase of
essential products.
Framers- Based on well-research and well documented methods of contraception.
It will be procured from licensed drug store or pharmaceutical company and that the actual
distribution of these contraceptive drugs and devices will be done following a prescription of a
qualified medical practitioner.

C. Right to Religious Freedom

Petitioners- The petitioners contend that the RH Law violates the constitutional guarantee
respecting religion as it authorizes the use of public funds for the procurement of contraceptives.
For the petitioners, the use of public funds for purposes that are believed to be contrary to their
beliefs is included in the constitutional mandate ensuring religious freedom.
Framers- In conformity with the principle of separation of Church and State, one religious group
cannot be allowed to impose its beliefs on the rest of the society. Philippine modem society
leaves enough room for diversity and pluralism. As such, everyone should be tolerant and open-
minded so that peace and harmony may continue to reign as we exist alongside each other.

D. Equal protection of rights

Petitioners- Apparent government take over of the medical industry or of the whole medical
system, which will impact an underinclusiveclass (composed of doctors and healthcare
providers).
Forced medical or psychological examination to determine and/or alter a persons sexual
orientation and gender identity without his or her consent.
Framers- Prioritizes poor and marginalized couples who are suffering from fertility issues.

4. Name at least 3 provisions of RA 10354 that were deemed unconstitutional. Explain them
briefly.
Section 7 which: 1) require private health facilities and non-maternity specialty hospitals and
hospitals owned and operated by a religious group to refer patients, not in an emergency or life-
threatening case. 2) allow minor-parents or minors who have suffered a miscarriage access to
modern methods of family planning without written consent from their parents or guardian/s;

Section 23(a)(l), insofar as they punish any healthcare service provider who fails and or refuses to
disseminate information regarding programs and services on reproductive health regardless of his
or her religious beliefs.

Section 23(a)(2)(i), they allow a married individual, not in an emergency or life-threatening case,
as defined under Republic Act No. 8344, to undergo reproductive health procedures without the
consent of the spouse;

Section 23(a)(2)(ii) and the corresponding provision in the RH-IRR insofar as they limit the
requirement of parental consent only to elective surgical procedures.

Section 23(a)(3), insofar as they punish any healthcare service provider who fails and/or refuses
to refer a patient not in an emergency or life-threatening case, as defined under Republic Act No.
8344, to another health care service provider within the same facility or one which is conveniently
accessible regardless of his or her religious beliefs;

Section 23(b) insofar as they punish any public officer who refuses to support reproductive health
programs or shall do any act that hinders the full implementation of a reproductive health program,
regardless of his or her religious beliefs;

Section 17, rendering of pro bona reproductive health service in so far as they affect the
conscientious objector in securing PhilHealth accreditation; and

Section 3.0l(a), which added the qualifier "primarily" in defining abortifacients and contraceptives,
as they are ultra vires and, therefore, null and void for contravening Section 4(a) of the RH Law
and violating Section 12, Article II of the Constitution.

5. What is the current issue on contraceptives surrounding the RH Law? What is the current
status?
 On June 2015, the SC issued a TRO halting the distribution of contraceptives implants and
prohibiting the Food and Drug Administration (FDA) from:
1. procuring selling, distributing, dispensing, or administering, advertising or promoting the
hormonal contraceptive 'Implanon' and 'Implanon NXT'.
2. Granting any and all pending applications for registration and/or re certification of product
supplies, including contraceptive drugs and devices (August 2016).
The SC denied the Petition to lift the TRO in 2016. As of today, TRO has not yet been lifted.

Questions on Report No. 3 (PCA Arbitration Case bet. CHN and PHI, Award on
Jurisdiction and Admissibility)

1. Briefly explain the effect of Chinas non-participation in the arbitration on the

jurisdiction of the Arbitral Tribunal.
a. Chinas non-participation in the arbitration had no effect on the jurisdiction of
the Tribunal. Despite its non-appearance, the fact remains that China is a
signatory to the UNCLOS, and is thus bound by its provisions including the
provision on compulsory dispute settlement procedures in Part XV of the
UNCLOS.
2. What is the Philippines position on the historic rights claim of China over the South
China Sea?
a. The Philippines posits that Chinas historic rights claim cannot be given legal
effect, because it exists outside the scope of the UNCLOS. Thus, historic rights
cannot be used to claim maritime entitlements granted by the UNCLOS, which
makes the Nine-Dash Line devoid of any sound legal basis.
3. Explain the ruling in the Chagos Marine Protected Area v. Suriname case, which the
Philippines used to support its position on the issue of exchange of views.
a. The requirement of exchange of views before arbitration under Article 283 of
the UNCLOS is deemed complied with when the parties in dispute engage in an
exchange of views on the general subject matter of the dispute. There is no need
for such exchange of views to touch upon specific articles of the UNCLOS.
4. Explain in general terms (two to three bullet points) the submissions of the Philippines in
the arbitration proceedings.
a. The Philippines asked the Tribunal to rule:
i. That Chinas claim to historical rights, which is the basis of the Nine-
Dash Line, is contrary to the UNCLOS
ii. That several formations in the South China Sea are Low-Tide Elevations
(LTEs) that do not generate marine entitlements
iii. That China has engaged in unlawful behavior by preventing Filipinos
from exercising rights granted by the UNCLOS in areas in the South
China Sea
(the following may also be considered correct):
 iv. That China has unlawfully interfered with the rights of the Philippines
under the UNCLOS;
v. That China has exceeded its maritime entitlements in the South China Sea
through its conduct in the area;
vi. That a number of features in the South China Sea are within the EEZ and
continental shelf of the Philippines
5. What was the Arbitral Tribunals decision on the issue of prior negotiations?
a. The Tribunal ruled that while lack of prior negotiations may constitute a bar
against its jurisdiction over the arbitration, neither the Philippines nor China is
required by any general, multilateral, or bilateral agreement to engage in
negotiations with each other prior to the filing of an action before the Tribunal.
Therefore, the Philippines was not precluded from going directly to the Tribunal
for relief.

Questions on Report No. 4 (Phil vs. China Reward)

Question : According to Article 13 and Article 121 of the Convention, the entitlements of a
feature depend on what?
Answer:
(a) the objective capacity of a feature in its natural condition; or
(b) ability to sustain either a stable community of people or economic activity that is neither
dependent on outside resources nor purely extractive in nature.

Question: According to the Tribunals conclusion, does the presence fisherman and military
government personnel in the high tide features of the Spratly Islands constitute habitation within
the meaning of Article 121 of the Convention? Are the high tide features of the Spratly islands
entitled to generate their own maritime zones?
Answer: NO. The temporary use of the features by fishermen did not amount to
inhabitation by a stable community. The presence of military government personnel is
not sufficient to constitute human habitation since they are dependent on outside supplies.
Thus, the high tide features of Spratly Islands are therefore legally rocks and do not
generate entitlements to an exclusive economic zone or continental shelf.
Question: Will the note verbale issued by China objecting to the Philippines own petroleum
exploration within its EEZ qualify as an act in breach of UNCLOS?
Answer: NO. As held in the PCA Award, such statements are mere representations of a
states own understanding of UNCLOS.

Question: What is the nine-dash line?

Answer: The Nine-Dash Lineat various times also referred to as the "10-dash line" and
the "11-dash line"refers to the demarcation line used initially by the government of the
Republic of China (ROC / Taiwan) and subsequently also by the government of the
People's Republic of China (PRC), for their claims of the major part of the South China
Sea.

Question: What are the five parts of the PCA Arbitral Ruling in the SCS Arbitration Case?

Answer:

1. The Historic Rights and Nine-Dash Line

2. The Status of the Features

3. The Lawfulness of Chinese Actions

4. The Harm Dealt to the Marine Environment

5. The Aggravation Dealt by the Dispute

Question: What is the difference between sovereignty and sovereign rights?

Answer:

SOVEREIGNTY bestows full rights, or supreme authority on a country within its

territorial waters, which stretch to 12 nm.

SOVEREIGN RIGHTS (short of sovereignty) are not rights deriving from sovereignty
but rights of a specific functional purpose Article 56 UNCLOS.