Poli Tips (Loanzon)

1. WEST PHILIPPINE SEA

Covered under Poquiz Tips – Let me know if hindi pa nagagawa.
2. INTERNATIONAL HUMANITARIAN LAW

international Humanitarian Law (IHL) is a collection of treaties and acceptable practices which
govern the conduct of war, the status, treatment, rights, and obligations of belligerent as well as
neutral and allied states, and of institutions and individuals involved in the armed conflict, whether
as military personnel, health and relief providers, members of the media, or as civilians.

IHL is a set of rules “seeking to limit the suffering” caused to humanity by the conduct of war
(jus in bello), and differ from the laws governing the grounds for resorting to war (jus ad bellum).

IHL is a set of rules which seek, for humanitarian reasons, to limit the effects of armed conflict.
It protects persons who are not or are no longer participating in the hostilities and restricts the
means and methods of warfare. International humanitarian law is also known as the law of war or
the law of armed conflict.

IHL is part of international law, which is the body of rules governing relations between States.
International law is contained in agreements between States – treaties or conventions –, in
customary rules, which consist of State practise considered by them as legally binding, and in
general principles.

IHL applies to armed conflicts. It does not regulate whether a State may actually use force; this is
governed by an important, but distinct, part of international law set out in the United Nations
Charter. - ICRC

3. ICC V ICJ

INTERNATIONAL CRIMINAL INTERNATIONAL COURT OF JUSTICE

COURT
As to Deals with the prosecution of Deals with contentious proceedings between
Jurisdiction individuals for core States
international crimes
As to Subject Limited to most serious Covers legal disputes which the States refer to
Matter crimes of concern to it concerning
Jurisdiction international community as a a) Interpretation of a treaty
whole b) Any question of international law
 a) Crime of Genocide c) Existence of any fact which, if
b) Crimes against established, would constitute a breach
Humanity of international obligation
c) War crimes d) The nature or extent of reparation to be
d) Crime of Aggression made for breach of international
obligation
Give advisory opinion on any legal question as
may be requested by the General Assembly or
the Security Council or on legal questions
arising within the scope of the activities of
other organs and specialized agencies of the
United Nations upon their request and when so
authorized by the General Assembly
As to Over persons for the most Only States may be parties in cases before the
Jurisdiction serious crimes of ICJ and their consent is needed for the ICJ to
over the international concern and acquire jurisdiction.
persons or shall be complementary to
parties national crimes jurisdictions
Other - The Hague in - Geneva
distinctions Netherlands - Organ of the United Nations
- Not an organ of the Organization
United Nations, but Has jurisdiction over states only
has a special
relationship with the
Security Council
Has jurisdiction over natural
persons only

4. NEPOTISM

REPUBLIC ACT No. 2260: AN ACT TO AMEND AND REVISE THE LAWS RELATIVE TO PHILIPPINE CIVIL
SERVICE

Section 30. Nepotism. (a) All appointments in the National, provincial, city and municipal
governments or in any branch or instrumentality thereof, including government-owned or non-
competitive service, made in favor of a relative of the appointing recommending authority, or of
the chief of the bureau or office, or of the persons exercising immediately supervision over him,
are hereby prohibited.
 As used in this section, the word "relative" and members of the family referred to are those
related within the third degree either of consanguinity or affinity.

(b) The following are exempted from the operation or the rules on nepotism: (1) person
employed in a confidential capacity, (2) teachers, (3) physicians, and (4) members of the
Armed Forces of the Philippines: Provided, however, that in each particular instance full
report of such appointment shall be made to the Commissioner of Civil Service.

The restriction mentioned in subsection (a) shall not be applicable to the case of a member
of any family who, after his or her appointment to any position in an offices or bureau,
contracts marriage with someone in the same office or bureau, in which event the
employment or retention therein of both husband and wife may be allowed.

(c) In order to give immediate effect to these rules, cases of previous appointments which
are in contravention hereof shall be corrected by transfer, and pending such transfer, no
promotion or salary increase shall be allowed in favor of the relative or relatives who were
appointed in violation of these provisions.

5. REFERENDUM V INITIATIVE
RA 6735: AN ACT PROVIDING FOR A SYSTEM OF INITIATIVE AND REFERENDUM AND
APPROPRIATING FUNDS THEREFOR

"Initiative" is the power of the people to propose amendments to the Constitutions or to propose
and enact legislations through an election called for the purpose.

There are three (3) systems of initiative, namely:

a. Initiative on the Constitution which refers to a petition proposing amendments to
the Constitution;
b. Initiative on statutes which refers to a petition proposing to enact a national
legislation; and
c. Initiative on local legislation which refers to a petition proposing to enact a regional,
provincial, city, municipal, or barangay law, resolution or ordinance.

"Indirect initiative" is exercise of initiative by the people through a proposition sent to Congress or
the local legislative body for action.

"Referendum" is the power of the electorate to approve or reject a legislation through an

election called for the purpose. It may be of two classes, namely:

a. Referendum on statutes which refers to a petition to approve or reject an act or law, or

part thereof, passed by Congress; and
 b. Referendum on local law which refers to a petition to approve or reject a law, resolution
or ordinance enacted by regional assemblies and local legislative bodies.

6. REPUBLIC V SERENO: (GROUNDS FOR IMPEACHMENT)

May gumawa na ba nito from the first list na sinned mo?

7. NATURALIZATION
Filipino by naturalization which is the judicial act of adopting a foreigner and clothing him with the
privileges of a native-born citizen. It implies the renunciation of a former nationality and the fact
of entrance into a similar relation towards a new body politic (2Am.Jur.561,par.188)
8. CITIZENSHIP

Under the 1987 Philippine Constitution, Article IV, Section 1, it states that:
Section 1The following are citizens of the Philippines:

1. Those who are citizens of the Philippines at the time of the adoption of this
Constitution;
2. Those whose fathers or mothers are citizens of the Philippines;
3. Those born before January 17, 1973, of Filipino mothers, who elect Philippine
citizenship upon reaching the age of majority; and
4. Those who are naturalized in accordance of law

9. FREEDOM OF OVERFLIGHT AND FREEDOM OF NAVIGATION

TRANSIT PASSAGE
Includes right to overflight
No requirement especially applicable to submarines; assumed
that “all ships have the freedom of navigation… for the purpose of
continuous and expeditious “transit of the strait” in their normal
mode, which in cases of submarines means underwater
Cannot be suspended
Designation of sea lanes/prescription of TSS is subject to adoption
by competent int’l organization upon proposal by states bordering
the straits
INNOCENT PASSAGE
Pertains only to navigation of ships
Requires submarines and other underwater
vehicles to navigate on the surface and show
their flag
May be suspended under certain conditions in
UNCLOS, 25(3)
Designation of sea lanes/prescription of TSS,
coastal state shall only take account of the
‘recommendations of the competent international
org’

- no proposal required
Straits Territorial Sea
 Coastal state has right to verify
innocence
 should not be prejudicial to the peace,
good order and security of coastal state