Public International Law

17. May private individuals bring a suit against a warship of the United States of
America for its grounding, salvaging and post-salvaging operations which cause and
continue to cause environmental damage tothe marine resources of the Philippines
in violation of environmental laws of the country?
If the acts giving rise to a suit are those of a foreign government done by its foreign
agent, although not necessarily a diplomatic personage, but acting in his official capacity,
the complaint could be barred by the immunity of the foreign sovereign from suit without
its consent. (Minucher v. Court o Appeals)
18. John Williams is a member of the U.S. Armed Forces participating the Balikatan
exercises under the Visiting Forces Agreement. Peeved by the attitude of Pedro
Reyes, a Filipino waiter, in a local bar in Olongapo City, he hit him and Reyes fell on
the ground which accidentally caused his death. Can John Williams be criminally
held under Philippine laws?
Yes.In Nicolas v. Romulo, Daniel Smith was tried and convicted of rape under the
Revised Penal Code. As held in BAYAN (Bagong Alyansang Makabayan) v. Exec. Sec.
Zamora, the VFA was duly concurred in by the Philippine Senate and has been
recognized as a treaty by the United States as attested and certified by the duly authorized
representative of the United States government.
29. As a signatory of UNCLOS, may the Philippines seek legal relief on its claim as a
coastal state against another signatory to the agreement?
Yes. The Philippines filed an arbitration case-The Republic of the Philippines v. The
Peoples Republic of China-to challenge Chinas nine-dash line claim in the South China
Sea. The case encompasses economic rights, right to innocent passages and other rights
enumerated in the UNCLOS.
CITIZENSHIP

27. What is the rule on a claim of Philippine citizenship?

A person claiming Philippine citizenship has the burden of proof to establish such claim.
In the case of In re: Vicente Ching, the Court held that Philippine citizenship can never
be treated like a commodity that can be claimed when needed and suppressed when
convenient. One who is privileged to elect Philippine citizenship has only an inchoate
right to such citizenship. As such, he should avail of the right with fervor, enthusiasm and
promptitude.