Easy Round
What is ad cautelam?
It means “with caution” or “for safety’s sake.” It’s normally used in pleadings by lawyers for documents they claim are not needed, but which they submit anyway, just to be on the safe side and without waiving their original position that they’re not necessary.
What are the qualifications to exercise the right to suffrage?
1. Filipino citizenship, not otherwise disqualified by law;
2. At least 18 years of age;
3. Resident of the Philippines for at least one year; and
4. Resident of the place where he proposes to vote
for at least six months immediately preceding the
election;
What is the right to innocent passage?
The right of innocent passage allows a foreign vessel to transit through the territorial sea of a coastal State unhindered, so long as its passage is not prejudicial to the “peace, good order, or security of the coastal State
What are the rights of a Stateless person?
a. The right to religion and religious instruction;
b. Access to courts;
c. Elementary education;
d. Public relief and assistance and rationing of certain supply;
e. Treatment no less favorable than that accorded to aliens Right of Association.
Who has the prerogative of making recognition?
The president, as the architect of the foreign affairs and relations of the Philippines. Ergo, recognition is an executive and not a legislative act.
In election cases, the Court treats domicile and residence as _________ terms.
synonymous terms
What is the ground for recall?
Loss of confidence by the registered voters
Is it constitutional to require public officials to be subjected to Drug Test?
No, pursuant to Pimentel vs. Comelec, it is unconstitutional because it partakes of an additional requirement which is not allowed by the 1987 Constitution.
What is the definition of internal waters under UNCLOS?
UNCLOS provides that internal waters are those waters from the baseline (seashore) landwards.
When does the recognition of Belligerency exists?
Belligerency exists when the inhabitants of a state rise up in arms for the purpose of overthrowing the legitimate government.
Give an example of a special election.
Snap Elections
Is preventive suspension considered as a penalty?
No, in the case of Salvador vs. Socrates, the Court held that Preventive suspension is not a penalty but a measure to assist in an ongoing investigation. The purpose of preventive suspension is to prevent the accused from using his office to intimidate witnesses or frustrate his prosecution or continue committing malfeasance in office.
What is the difference between Question of Fact and Question of Law?
Questions of law must be answered by applying legal principles, while questions of fact must be answered by reference to evidence and facts.
What are the subjects of international law?
1. States
2. Colonies and dependencies
3. Mandates and trust territories
4. Belligerent communities
5. International Organizations
6. The Vatican and the Holy See
What are the disqualifications of the Board of Election Inspectors?
1. Must not be related within the 4th civil degree of consanguinity or affinity to any member of the BEI or to any candidate to be voted for in the polling place.
2. Must not engage in any partisan political activity.
What are the requisites to be a State?
1. People
2. Territory
3. Sovereignty
4. Government
Is the COMELEC under the supervision of the President?
No, COMELEC is a body that is designated to be constitutionally independent from the executive, legislative and judiciary to ensure the conduct of free, fair and honest elections.
What is international law?
International Law is a body of rules and principles of action which are binding upon civilized states in their relation to one another
The International Tribunal for the Law of the Sea is an independent judicial body to adjudicate disputes arising out of the interpretation and application of the ______.
UNCLOS
Is the COMELEC precluded from exercising powers over pre proclamation controversies when the Electoral Tribunal acquires jurisdiction?
GR: YES. COMELEC is precluded from exercising powers over pre-proclamation controversies when the Electoral Tribunal acquires jurisdiction.
XPN:
BOC was improperly constituted; Proclamation was null and void; Quo warranto is not
the proper remedy; What was filed was a petition to annul a proclamation, and not a quo warranto or election protest; Election contest expressly made without prejudice to pre-proclamation controversy or it was made ad cautelam.
Give an example of a Treaty.
1969 Vienna Convention / Treaty of Paris / 1930 Hague Convention
Define Jus Cogens.
It refers to norms accepted and recognized by the international community of States as a whole, that command peremptory authority, superseding conflicting treaties and custom. Jus cogens norms are considered peremptory in the sense that they are mandatory, do not admit derogation, and can be modified only by general international norms of equivalent authority.
When does Multiple Nationality arise?
It may arise by the concurrent application of principles of jus sanguini and jus soli.
What is the Principle of Inviolability?
The territory of a neutral State is inviolable. It is prohibited to commit any act of hostility whatsoever on such territory.
If a consul of Thailand to the Philippines committed a crime in the Philippines can he be prosecuted?
It depends. If the crime was committed while discharging his duties. If it is, he is immune from the jurisdiction of the receiving state.
If it was committed not in relation to his function he can be prosecuted. However he cannot be arrested and detained if the crime committed is not a serious offense. This is so because he has duties to perform such as giving passports.