General knowledge 📚
What is an eight-sided shape called?
Octagon
A contract whereby a person binds himself to render some service or do something on behalf or in representation of another, with the consent or authority of the latter
Contract of Agency
114. Treason
What are the sources of international law according to Article 38 (1) of the ICJ Statute?
How did the Vienna Convention on the Law of Treaties enter into force?
The VCLT entered into force on the thirtieth day following the date of deposit of the 35th instrument of ratification or accession. (Article 84)
What is the fifth sign of the zodiac?
Leo
What are the three (3) elements of a contract?
Consent of the contracting parties,
Object certain which is the subject matter of the contract,
Cause of the obligation which is established
True or False: Light felonies are ALWAYS punishable regardless of stages of execution.
Explain how customary international law is made
(1) There is a state practice that "appears to be sufficiently widespread, representative as well as consistent" showing that a significant number of states have used and relied on the rule in question and the concept has not been rejected by a significant number of states
(2) states were motivated by a belief that they were legally compelled to accept the legitimacy of the rule in question because customary international law obligated them to do so (opinio juris).
What is the ICL's solution on the legal effects of an invalid reservation?
The state that has entered the reservation, thus remains a party to the treaty without the benefit of the reservation, or ceases to be bound by the treaty altogether.
Weighing around eight pounds, this is the human body's largest organ?
The skin
How can one effect a novation of obligations? (100 pts each).
1. Changing their object or principal conditions
2. Substituting the person of the debtor
3. Subrogating a third person in the rights of the creditor
Art 1291 of the new Civil Code
What does Article 100 of the RPC state?
Every person criminally liable for a felony is also civilly liable
In the case of Germany v. Italy, the ICJ characterized _________ as deriving from the principle of sovereign equality found in Article 2(1) of the UN Charter. It is “one of the fundamental pillars of the international legal order.”
State immunity
Give at least three (3) treaties that are incapable of withdrawal
Peace treaties
Disarmament treaties
Human rights treaties
Treaties establishing permanent regimes such as governing the Suez and Panama canals
ICCPR (Why? Because rights under ICCPR are accorded to people living in the territory of the state and remain with them even when fundamental features of the state or government change.)
What is the only planet in our solar system to rotate clockwise on its axis?
Venus
Give four (4) immovable properties under Article 415 of the Civil Code.
(1) Land, buildings, roads and constructions of all kinds adhered to the soil;
(2) Trees, plants, and growing fruits, while they are attached to the land or form an integral part of an immovable;
(3) Everything attached to an immovable in a fixed manner, in such a way that it cannot be separated therefrom without breaking the material or deterioration of the object;
(4) Statues, reliefs, paintings or other objects for use or ornamentation, placed in buildings or on lands by the owner of the immovable in such a manner that it reveals the intention to attach them permanently to the tenements;
(5) Machinery, receptacles, instruments or implements intended by the owner of the tenement for an industry or works which may be carried on in a building or on a piece of land, and which tend directly to meet the needs of the said industry or works;
(6) Animal houses, pigeon-houses, beehives, fish ponds or breeding places of similar nature, in case their owner has placed them or preserves them with the intention to have them permanently attached to the land, and forming a permanent part of it; the animals in these places are included;
(7) Fertilizer actually used on a piece of land;
(8) Mines, quarries, and slag dumps, while the matter thereof forms part of the bed, and waters either running or stagnant;
(9) Docks and structures which, though floating, are intended by their nature and object to remain at a fixed place on a river, lake, or coast;
(10) Contracts for public works, and servitudes and other real rights over immovable property.
1. Recidivism
2. Quasi-recidivism
3. Reiteracion
4. Habitual Delinquency
Recidivism - at the time of trial for one crime, shall have been previously convicted by final judgment of another crime embraced in the same title of the RPC.
Quasi-recidivism - after having been convicted by final judgment, shall commit a new felony before beginning to serve such sentence, or while serving the same.
Reiteracion - offender has been previously punished by an offense to which the law attaches an equal or greater penalty; or for two or more crimes to which it attaches a lighter penalty.
Habitual delinquency - within a period of ten years from the date of his release or last conviction of the crimes of serious or less serious physical injuries, robo, hurto, estafa or falsification, he is found guilty of any of said crimes a third time or oftener.
Explain the two theories on the criteria of statehood
Constitutive theory - existence of state depends upon formal recognition by other states. A state does not exist as long as other states have refrained from recognizing it. The problem is how many and which states should recognize an entity before it qualifies as a state under international law.
Declaratory theory - recognition by a state merely implies the acknowledgment that the entity meets the criteria for statehood and acceptance of this state in bilateral relations. (Article 6 of montevideo convention)
In the Barcelona Traction case (Belgium v. Spain), it was a general rule of international law that when an unlawful act was committed against a company, only _______________ could sue.
The state of incorporation of the company
How many bones are there in the adult human body?
206
Give at least five (5) grounds for legal separation under the Family Code.
(1) repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner;
(2) physical violence or moral pressure to compel the petitioner to change religious or political affiliation;
(3) attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner, to engage in prostitution, or connivance in such corruption or inducement;
(4) final judgment sentencing the respondent to imprisonment of more than 6 years, even if pardoned;
(5) drug addiction or habitual alcoholism of the respondent;
(6) lesbianism or homosexuality of the respondent;
(7) contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad;
(8) sexual infidelity or perversion;
(9) attempt by the respondent against the life of the petitioner; or
(10) abandonment of petitioner by respondent without justifiable cause for more than 1 year.
Enumerate 10 mitigating circumstances (50 pts. each)
1. Those mentioned in the preceding chapter, when all the requisites necessary to justify or to exempt from criminal liability in the respective cases are not attendant.
2. That the offender is under eighteen year of age or over seventy years. In the case of the minor, he shall be proceeded against in accordance with the provisions of Art. 80.
3. That the offender had no intention to commit so grave a wrong as that committed.
4. That sufficient provocation or threat on the part of the offended party immediately preceded the act.
5. That the act was committed in the immediate vindication of a grave offense to the one committing the felony (delito), his spouse, ascendants, or relatives by affinity within the same degrees.
6. That of having acted upon an impulse so powerful as naturally to have produced passion or obfuscation.
7. That the offender had voluntarily surrendered himself to a person in authority or his agents, or that he had voluntarily confessed his guilt before the court prior to the presentation of the evidence for the prosecution;
8. That the offender is deaf and dumb, blind or otherwise suffering some physical defect which thus restricts his means of action, defense, or communications with his fellow beings.
9. Such illness of the offender as would diminish the exercise of the will-power of the offender without however depriving him of the consciousness of his acts.
10. And, finally, any other circumstances of a similar nature and analogous to those above mentioned.
Explain the clean slate principle and its exception
General Rule: international law generally does not consider a new state bound by treaties that were concluded by the predecessor state.
Exception: Geographical boundaries determined by treaty or other ‘territorial regimes’, for instance, are not affected by state succession and remain in force.
According to Article 41 (2) of the Draft Articles on the Responsibility of States for Internationally Wrongful Acts, what will a third state do when there are unlawful attempts to create a new state?
Third states are obliged to withhold recognition.
Article 41(2) of the Draft Articles on the Responsibility of States for Internationally Wrongful Acts provides:
‘[n]o State shall recognize as lawful a situation created by a serious breach … nor render aid or assistance in maintaining that situation’.