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1. Piracy.
2. Slavery and the slave trade.
3. Genocide.
4. Hijacking of air traffic.
5. Political terrorism abroad, including terroristic activities.
6. Recourse to war, except in self-defense.
7. Threat or use of force against the territorial integrity or political
independence of another State (intervention).
8. Armed aggression.
9. Recognition of situations brought about by force, including fruits
of aggression
10. Treaty provisions imposed by force.
11. War crimes.
12. Crimes against peace and humanity.
13. Offenses against the peace and/or security of mankind.
14. Dispersion of germs with a view to harming or extinguishing
human life.
15. All methods of mass destruction (including nuclear weapons)
used for other than peaceful purposes.
16. Contamination of the air, sea, or land with a view to making it
harmful or useless to mankind.
17. Hostile modification of weather.
18. Appropriation of outer space and/or celestial bodies.
19. Disruption of international communications with a view to
disturbing the peace.
20. Economic warfare with the purpose of upsetting:
(a)The world’s banking systems;
(b)The world’s currencies;
(c) The world’s supply of energy; or
1
(d)The world’s food supply.
1
Marjorie M. Whiteman, Jus Cogens in International Law, with a Projected List, 7 GA. J. INT’L &
COMP. L. 609 (1977).http://digitalcommons.law.uga.edu/gjicl/vol7/iss2/6
Legal Opinion
Yes to the imposition of Death Penalty in the Philippines
The re-imposition of the death penalty in the Philippines is not
in violation with our commitment with the Universal Declaration of
Human Rights.
In its international context, the Philippines are party to 8 of the 9
core international human rights treaties. The right to life is at the
center of these international treaties and the Universal Declaration of
2
Human Rights.
The Universal Declaration of Human Rights was drafted by
representatives of all regions of the world and encompassed all legal
traditions. Formally adopted by the United Nations on December 10,
1948, it is the most universal human rights document in existence,
delineating the thirty fundamental rights that form the basis for a
democratic society. Following this historic act, the Assembly called
upon all Member Countries to publicize the text of the Declaration
and “to cause it to be disseminated, displayed, read and expounded
principally in schools and other educational institutions, without
3
distinction based on the political status of countries or territories.”
However, the Universal Declaration of Human Rights is not
legally binding even though it has become binding as a part of
customary international law. As stated in the Supreme Court of the
United States in the case of Sosa v Alvarez-Machain (2004) the
Declaration “does not of its own force impose obligations as a matter
4
of international law.” Hence, it would tantamount that it does not
necessarily form part of the domestic law of the states that made their
commitment to it.
There are 58 countries that still have death penalty as a capital
punishment. Among these countries, there are 55 out 58 states who
are member states of the United Nations that still implements death
penalty. United States of America is one of those states and is a
permanent member of the UN. As we can infer from this, the UDHR is
certainly not binding and it is safe to say that the Philippines can
5
definitely re-impose the death penalty.
2
balayph.net. “Fact Sheet: Note on the Death Penalty and the Philippines.” Fact Sheet: Note on
the Death Penalty and the Philippines - BALAY Rehabilitation Center,
balayph.net/news-events/features-and-articles/128-fact-sheet-note-on-the-death-penalty-and-the-
philippines-2.
3
“UN Universal Declaration of Human Rights.” United for Human Rights,
www.humanrights.com/what-are-human-rights/universal-declaration-of-human-rights/.
4
“Sosa v. Alvarez-Machain, 542 U.S. 692 (2004).” Justia Law,
supreme.justia.com/cases/federal/us/542/692/.
5
“Home.” United Nations, United Nations, www.un.org/en/index.html.
If we would try to look at our Constitution, it was one of the
established rules in the Philippines. The re-imposition of the death
penalty would help to lessen the costs of the government compared
to the costs of life imprisonment because they will be given the
expenses of food, health care and other costs that will sustain their
6
lives. It would be impractical for the government to spend so much to
keep alive those criminals who dared to commit heinous crimes.
Doing such would be beneficial not just to the government but also to
the other inmates confined in our overly populated penal facilities.
The government should focus on the aspect that needs to be
addressed, for example, poverty. Instead of keeping those who
committed heinous crimes, why don’t we help those who are really in
need, those who have less in life? That is more a pressing issue that
should be addressed with.
Therefore, on the question that can we validly re-impose the
death penalty in the Philippines, as concluded above, it is in
affirmation because the Universal Declaration of Human Rights is not
in itself binding and the Philippines can, for itself, decide whether to
conform or not.
6
Flores, Marydel Mitch. “Death Penalty Pros and Cons in the Philippines.” Reporter.PH, 26 Sept.
2017, reporter.ph/death-penalty-pros-and-cons-in-the-philippines/.
Case Digest
Philippines v China: Territorial Arbitration
Facts:
The Philippines instituted an arbitration case against China
basing its claim under the 1982 United Nations Convention on the
Law of the Sea (UNCLOS). Since the Philippines and China have
ratified the Convention. Nevertheless, China has consistently stated
its view on the lack of jurisdiction of the Tribunal on the matter.
Issue:
Whether or not the Tribunal has jurisdiction
Ruling:
Yes. Article 288 of the Conventions states that “In the event of a
dispute as to whether a court or tribunal has jurisdiction, the matter
7
shall be settled by decision of that court or tribunal.” Therefore, the
Tribunal has jurisdiction over the matter.
7
Magaso, joan. “RP v China Digest.” Scribd, Scribd, 13 Aug. 2016,
www.scribd.com/document/321059040/RP-v-China-Digest.
Primer
ASEAN treaties basic principles
8
“Overview.” ASEAN | ONE VISION ONE IDENTITY ONE COMMUNITY,
asean.org/asean/about-asean/overview/.
2. The right of every State to lead its national existence free from
external interference, subversion or coercion;
3. Non-interference in the internal affairs of one another;
4. Settlement of differences or disputes by peaceful manner;
5. Renunciation of the threat or use of force; and
9
6. Effective cooperation among themselves.
9
“Overview.” ASEAN | ONE VISION ONE IDENTITY ONE COMMUNITY,
asean.org/asean/about-asean/overview/.
Primer
Dramatic midnight vote: ICC
10
Ambos, Kai. “GENERAL PRINCIPLES OF CRIMINAL LAW IN THE ROME STATUTE.”
GENERAL PRINCIPLES OF CRIMINAL LAW IN THE ROME STATUTE,
www.department-ambos.uni-goettingen.de/data/documents/Veroeffentlichungen/epapers/General
_Principles.pdf.
11
Ibid.
12
“Rome Statute of the International Criminal Court, 1998.” United Nations, United Nations,
legal.un.org/icc/statute/99_corr/cstatute.htm.
Legal Opinion
Rural poverty equals invisibility
13
Small, Alison. “Why Does Rural Poverty Equal Invisibility?” - Global Issues, 30 Apr. 2018,
www.globalissues.org/news/2018/04/30/24152.
14
Ibid.
15
Ibid.
Let us not limit our understanding and awareness of just relying
on what we see visually but also those that we don’t see. As a
political animal, we should always be aware and on the watch of what
happens around us, our country and the world.
Case Digest
Grace Poe a Foundling
Poe-Llamanzares vs. COMELEC
Facts:
Mary Grace Natividad S. Poe-Llamanzares was found
abandoned as a newborn infant in the Parish Church of Jaro, Iloilo on
Sept. 3, 1968. After passing the parental care and custody over
petitioner by Edgardo Militar to Emiliano Militar and his wife, she has
been reported and registered as a foundling and issued a Foundling
Certificate and Certificate of Live Birth, thus was given the name,
16
Mary Grace Natividad Contreras Militar.
16
jhoygdllawjournal, /. “CASE DIGEST – Poe-Llamanzares v COMELEC.” Law Journal, 2 Nov.
2017, jhoygdllawjournal.wordpress.com/2017/09/10/case-digest-poe-llamanzares-v-comelec/.
17
Ibid.
18
Ibid.
USA and was issued a Certificate of Loss of Nationality of the USA in
19
2011.
Issue:
Whether or not Mary Grace Natividad S. Poe-Llamanzares is a
natural-born Filipino citizen
Ruling:
19
Ibid.
20
jhoygdllawjournal, /. “CASE DIGEST – Poe-Llamanzares v COMELEC.” Law Journal, 2 Nov.
2017, jhoygdllawjournal.wordpress.com/2017/09/10/case-digest-poe-llamanzares-v-comelec/.
21
Ibid.
22
Ibid.
23
Ibid.
Yes. Mary Grace Natividad S. Poe-Llamanzares may be
considered a natural-born Filipino. It ruled that a foundling is a
natural-born citizen of the Philippines as there is no restrictive
language which would definitely exclude foundlings as they are
already impliedly so recognized. There are also no provisions in the
Constitution with intent or language permitting discrimination against
foundlings as the three Constitutions guarantee the basic right to
24
equal protection of the laws.
24
jhoygdllawjournal, /. “CASE DIGEST – Poe-Llamanzares v COMELEC.” Law Journal, 2 Nov.
2017, jhoygdllawjournal.wordpress.com/2017/09/10/case-digest-poe-llamanzares-v-comelec/.
25
Ibid.
Case Digest
Enhanced Defense Cooperation Agreement into a conclusion
Saguisag vs. Executive Secretary Paquito Ochoa
Facts:
The Enhanced Defense Cooperation Agreement (EDCA) is an
executive agreement that gives US troops, planes and ships
increased rotational presence in Philippines military bases and allows
the US to build facilities to store fuel and equipment there. It was
signed against the backdrop of the Philippines’ maritime dispute with
26
China over the West Philippine Sea.
Issue:
Whether or not the EDCA between the Philippines and the US
is constitutional
Ruling:
Yes. The EDCA is an executive agreement and does not need
the Senate’s concurrence. As an executive agreement, it remains
consistent with existing laws and treaties that it purports to
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implement.
Petitioners contend that the EDCA must be in the form of a
treaty duly concurred by Senate. The President, however, may enter
into an executive agreement on foreign military bases, troops, or
facilities, if (a) it is not the instrument that allows the presence of
foreign military bases, troops, or facilities; or (b) it merely aims to
29
implement an existing law or treaty.
In order to keep the peace in its archipelago and to sustain itself
at the same time against the destructive forces of nature, the
Philippines will need friends. Who they are, and what form the
26
Filart, Mikee. “Saguisag v. Executive Secretary.” Scribd, Scribd, 29 Mar. 2016,
www.scribd.com/doc/306279475/Saguisag-v-Executive-Secretary.
27
Ibid.
28
Ibid.
29
Ibid.
friendships will take, are for the President to decide. The only
restriction is what the Constitution itself expressly prohibits.
Summary
Geneva Convention
The Geneva Conventions are international treaties binding on
all States which have accepted them. The Conventions are long and
complicated, but they are essentially a series of 'do's' and 'don'ts' to
apply during conflict to protect vulnerable and defenceless
30
individuals. Their underlying principles can be simply stated.
(a) C
onvention (I) for the Amelioration of the Condition of the
Wounded and Sick in Armed Forces in the Field. Geneva,
12 August 1949. Convention (II) for the Amelioration of the
Condition of Wounded, Sick and Shipwrecked Members of
Armed Forces at Sea. Geneva, 12 August 1949.
The main points of these two Conventions are: The sick, wounded
and shipwrecked must be cared for adequately. Belligerents
must treat members of the enemy force who are wounded, sick
or shipwrecked as carefully they would their own. All efforts
should be made to collect the dead quickly; to confirm death by
medical examination; to identify bodies and protect them from
robbery. Medical equipment must not be intentionally destroyed
and medical establishments and vehicles must not be attacked,
damaged or prevented from operating even if, for the moment,
32
they do not contain patients.
30
“Geneva Convention.” GENEVA CONVENTION,
www.ppu.org.uk/learn/texts/doc_geneva_con.html.
31
Ibid.
32
Ibid.
The third Geneva Convention ("Relative to the Treatment of Prisoners
of War") covers members of the armed forces who fall into
enemy hands. They are in the power of the enemy State, not of
33
the individuals or troops who have captured them.
33
“Geneva Convention.” GENEVA CONVENTION,
www.ppu.org.uk/learn/texts/doc_geneva_con.html.
34
Ibid.
35
Ibid.
air warfare and of the problems relating to the treatment of
civilians in enemy territory and in occupied territories. The
International Conferences of the Red Cross of the 1920's took
the first steps towards laying down supplementary rules for the
36
protection of civilians in time of war.
36
Geneva Convention.” GENEVA CONVENTION,
www.ppu.org.uk/learn/texts/doc_geneva_con.html.
37
Ibid.
38
Ibid.
Reaction paper
Climate Change Treaty of Paris
The Paris Agreement builds upon the Convention and for the
first time brings all nations into a common cause to
undertake ambitious efforts to combat climate change and adapt to its
effects, with enhanced support to assist developing countries to do
39
so. As such, it charts a new course in the global climate effort.
39
“The Paris Agreement.” UNFCCC,
unfccc.int/process-and-meetings/the-paris-agreement/the-paris-agreement.
40
Ibid.
41
Jalandoni, Apples. “Climate Activists Laud Duterte for Signing Paris Agreement.” ABS-CBN
News, 1 Mar. 2017,
news.abs-cbn.com/news/03/02/17/climate-activists-laud-duterte-for-signing-paris-agreement.