2011 NATIONAL MOOT COURT COMPETITION ON INTERNATIONAL HUMANITARIAN LAW 27 30 September 2011

Organized by the: PHILIPPINE RED CROSS INTERNATIONAL COMMITTEE OF THE RED CROSS In cooperation with the SUPREME COURT OF THE PHILIPPINES PHILIPPINE ASSOCIATION OF LAW SCHOOLS Hosted by the: ATENEO DE MANILA UNIVERSITY SCHOOL OF LAW

BACKGROUND The 2011 National Moot Court Competition aims to provide a venue for law students to become acquainted and proficient in IHL issues, including related conventions, principles, and jurisprudence, as this is clearly of major concern to peoples lives. Furthermore, this is an opportunity for students to practice and hone their skills in the art of argumentation. The general rounds and semi-finals will be held at the Ateneo de Manila University School of Law on the 29th and 30th of September 2011. The final round and awarding ceremonies will be held at the Supreme Court En Banc Session Hall on the 30th of September 2011. The winning team will represent the Philippines in the 10th Red Cross International Humanitarian Law Moot Court Competition to be held in Hong Kong, in March 2012. MOOT COURT RULES I. THE MOOT COURT COMMITTEE The Moot Court Competition is administered by a Committee composed of representatives from the Philippine Red Cross (PRC), International Committee of the Red Cross (ICRC), Philippine Association of Law Schools (PALS), and Supreme Court of the Philippines (SC). The Committee shall have the following functions and powers, to wit: 1. 2. 3. 4. 5. 6. 7. 8. 9. Organize the National Competition; Administer the Rules to govern the competition; Amend the Rules when necessary; Interpret the Rules; Appoint the Judges; Determine the Mooting Problem to be used in the Competition; Receive all the Memorials submitted by the participating teams; Have the sole discretion in responding to any request for clarification; and Disqualify or penalize teams for violation of any of the Rules.

II.

REGISTRATION AND FEE A letter of invitation, together with the form for the Letter of Intent (LOI) will be sent to the Deans of different law schools or heads of educational institutions. The representative of the school shall inform the Committee of its intention to participate in the Competition by submitting the LOI not later than 30 March 2011 through the following modes: Telefax Email address Postal address : 527-08-58 : ihlmoot@yahoo.com.ph : Philippine Red Cross - IHL Office Bonifacio Drive, Port Area, Manila

A Registration Fee of Php 3,000.00 shall be charged to each participating school (payment inclusive of membership to the PRC Insurance for one (1) year). Payment should be made payable to PNRC deposited to its Banco De Oro (BDO) Savings Account: Account Name Account Number : : PNRC ICRC Communication and Dissemination 453 001 042 5

Registration Payment should not be later than 30 March 2011. The deposit slip should be sent either by facsimile to (02) 527-08-58 or via email to ihlmoot@yahoo.com.ph. Non-payment of registration fee will result in the disqualification of the team. Each team must designate an official representative with contact details. Notice given to the representative shall constitute notice to the team. The Moot Court Rules and Registration Form will be sent to those who have signified their intention to participate in the 2011 Competition. III. PARTICIPATION AND ELIGIBILITY A. Eligibility A person may be a member of the team if he or she is: 1. Enrolled in the participating institution as of First Semester, academic year 2011-2012; 2. Not graduating by October 20121; and 3. Not a member of a previous champion team of this Competition. The team should submit a Certification from the School Registrar that the members are currently enrolled and not graduating by October 2012. B. Team Composition

To assure the teams eligibility to represent the Philippines in the Hong Kong Red Cross Moot Court Competition

The participating school is allowed to send only one team to the Competition composed of two (2) members and one (1) coach. The team members must satisfy the eligibility requirements stated in III.A. C. Team Anonymity Teams will be assigned team numbers through their representative on or before 30 June 2011. The participating teams and their companions must not reveal their school affiliation to the judges for the entire duration of the Competition, whether intentionally or inadvertently, by using their school jackets, pins, ID laces and other similar items which bear the school color, name, initials, logo, or slogan. This Anonymity Rule is intended to maintain the neutrality of the judges. IV. THE COMPROMIS AND CLARIFICATIONS A. Compromis The Committee will release the Compromis or Moot Problem in the first week of May 2011. All correspondence and any other material will be sent through the teams official representative, and may be downloaded from the PRC website. B. Clarifications Teams may submit written requests for clarification not later than 17 June 2011. A request for clarification must be accompanied by a brief explanation of the material significance of the same. Clarifications must not be requested to obtain facts other than those already contained in the Moot Problem. The Committee shall determine the necessity of responding to the request for clarification and shall respond as it deems fit. Clarifications issued shall be considered part of the Moot Problem and will be sent to all team representatives. V. THE MEMORIALS A. Submission of Memorials Each team participating in the Competition is required to prepare and submit Applicant and Respondent Memorials on the Moot Problem which MUST BE RECEIVED BY THE SECRETARIAT ON OR BEFORE 5:00 PM OF 15 JULY 2011. Memorials submitted to and received by the Secretariat beyond the specified date will be given the corresponding point deduction(s). The Teams are required to submit ten (10) hard copies of their Applicant and Respondent Postal address: Philippine Red Cross - IHL Office Bonifacio Drive, Port Area, Manila

Teams must likewise send via electronic mail a copy of each Memorial to ihlmoot@yahoo.com.ph in Microsoft Word format (.doc) on or before 15 July 2011. The file name must bear the schools team number (Ex. 21A.doc, 21R.doc). Revisions shall not be allowed once the Memorials have been submitted. Delay in the submission of Memorials shall incur a penalty equivalent to ten (10) points for every day of delay, up to a maximum of thirty (30) points. B. Format of Memorials All parts of the Memorial must be in Times New Roman, Size 12, with 1 line spacing and printed on standard short bond paper (8 x 11). Quotations and footnotes shall have the same format but with single line spacing except between separate footnotes. The Memorials should have corresponding page numbers in the following format: Page 1 of X. The Memorials must be stapled on the upper left side. The Cover Page, Table of Contents, and Table of Authorities must be double-spaced. The Pleadings section of each Memorial, including Conclusion/Prayer for Relief and citations, shall not exceed 2,000 words. Words in excess of the maximum shall have a corresponding deduction in the teams Memorial score, to wit: 1-50 words, deduction of 5 points 51-100 words deduction of 10 points 101-200 words, deduction of 20 points Over 200 words, deduction of 30 points

C. Parts of the Memorials 1. Cover Page The cover page should only bear the following information: The team number followed by an A for the Applicant Memorial (Ex. 21A) or an R for the Respondent Memorial (Ex. 21R). This must be indicated on the upper right corner of the second cover page Title of the case Date of the Competition

2. Table of Contents The Table of Contents must list all the contents of the Memorial, including the headings and sub-headings.

3. Index of Authorities The Index of Authorities provides a list of the authorities cited in the Memorial, i.e., laws, commentaries, cases, and other articles used as references. The list must be alphabetically arranged, must include a description of each authority, and must specify the pages in the Memorial where each authority is cited. 4. Statement of Facts The Statement of Facts in narrative form contains the stipulations and inferences in the Compromis. It must present the facts found in the Compromis in a form according to the teams position without adding or distorting the facts or making unreasonable inferences therein. 5. Summary of the Pleadings The Summary of the Pleadings provides a substantive summation of the arguments presented in the Memorial. It should not be a reproduction of the headings and sub-headings found therein. To be effective, it must present the arguments concisely and direct to the point preferably in no more than two sentences. 6. Pleadings (Body of the Memorial) This is the core of the Memorial. The Pleadings contain the arguments, position, or standpoint of the team. It provides the law and jurisprudence on which the arguments are founded. 7. Conclusion/Prayer for Relief The Conclusion/Prayer for Relief states the remedy the team is asking the Court to order. This is not to be used for presenting new information or as the summation of the teams case. D. Research and Assistance The team members shall solely be responsible for the research, writing, and editing of the Memorials. However, a student-researcher may assist a team in the preparation of the Memorials. The coach may provide advice to the team but it must be limited to: VI. a general discussion of the issues; consultations on oral argumentation techniques; suggestions on research materials and sources; and comments on argumentation structure.

THE PAIRING PROCEDURES

The pairing of teams for the general rounds as Applicant or Respondent shall be determined through a random draw by the Committee. The Committee has the power to adjust the pairing in order to account for absentee teams or other contingencies. No team shall compete against the same team twice in the general rounds. Teams are required to attend a meeting on 28 September 2011 where the Memorials of the opposing teams will be distributed. VII. THE ORAL HEARING PROCEDURES A. The Rules applicable to all the rounds 1. Each team shall consist of a first counsel and a second counsel, as designated by the team. 2. The order of the pleadings is as follows: Applicant 1 Applicant 2 Respondent 1 Respondent 2 Rebuttal, if any (Applicant 1 or 2) Surrebuttal, if any (Respondent 1 or 2) 3. Each team is given a total of 40 minutes to speak, allocated as follows: 30 minutes to be distributed between the first and second counsel 10 minutes for rebuttal (Applicant) or surrebuttal (Respondent) 4. The first counsel shall indicate at the start how long each counsel will speak and the time allotted for the rebuttal or surrebuttal. The time of the first counsel shall begin from the entry of appearance. The remaining time in the oral arguments, if any, may not be used to extend the time allocated for rebuttal or surrebuttal. Neither can the time allocated for rebuttal or surrebuttal be used to extend the time for oral arguments. 5. The rebuttal may be waived. If the Applicant waives the rebuttal, the Respondent may not appear for surrebuttal. 6. A counsel may ask the Court for an extension before the end of his/her designated time. The Court has the discretion to allow such request for extension. 7. There will be a timekeeper who will notify the counsels when they have: 5 minutes left 1 minute left 30 seconds left to end their presentation
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8. Any communication at the counsel table shall be in writing to prevent disruption. The teams must avoid any noise or inappropriate behavior which may disturb the proceedings. 9. Teams are not allowed to communicate with the audience or their respective coaches. 10. During the general rounds, team supporters are only allowed to observe the matches in which the school they are affiliated with is competing. The semi-final and final rounds are open to everyone. 11. Participants and members of the audience are not allowed to use electronic devices such as laptops, handheld computers, mobile phones, cameras, recorders and other similar gadgets during the rounds. B. Rebuttal and Surrebuttal The Rebuttal shall be limited to the points raised in the Memorial and Oral Presentations. The Surrebuttal shall be limited to the points raised in the Rebuttal. Any infraction of the foregoing shall incur deductions of up to twenty (20) points from the total team score in the round. C. The General Rounds All participating teams that have submitted their Memorials shall participate in the Oral Rounds. Each team shall argue twice in the general rounds, once as Applicant and once as Respondent, on 29 September 2011. D. The Semi-Final Round The top eight (8) teams in the general round, based on their aggregate scores in the oral rounds and their written submissions, shall advance to the semi-final round and compete in simultaneous knock out matches, which will be held in the morning of 30 September 2011. The pairings for the semi-final round shall be determined by random draw, and the sides will be determined by a toss coin. The winner of the toss shall be given the opportunity to choose their side. From among the four (4) winners, the two highest scoring teams will advance to the final round. E. The Final Round The final round shall be held in the afternoon of 30 September 2011 at the Supreme Court En Banc Session Hall.

The team which will argue as Applicant or Respondent shall be determined by a toss coin. The higher-ranking team from the semi-final round will call the toss. The winner of the toss will be given thirty (30) seconds to select which side to argue. If the winner fails to choose within the allotted period, the other team will be given the same time to choose its side. If it likewise fails, then the higher-ranked team will automatically plead as Applicant and the lower-ranked team as Respondent. VIII. COMPETITION SCORING The scoring shall consist of two parts: The scoring of the Memorials; The scoring of the Oral Rounds. A. Scoring of Memorials Each Memorial shall be assessed by at least two judges, one of whom is a current or former judge, a lawyer, a law professor or an expert in International Humanitarian Law. Each judge shall score a Memorial on a scale of fifty (50) to one hundred (100) points. The average of the scores given by the judges will be the final score of a Memorial. B. Scoring of the Oral Rounds The oral presentations in the general and semi-final round shall be evaluated by at least three judges. At least one judge in the general rounds and two in the semi-final and final rounds shall be a current or former judge, a lawyer, a professor or an expert in International Humanitarian Law. In each of the general, semi-final, and final rounds, the maximum score for each counsel shall be 200 and the maximum score for each team shall be 400. C. Scores per Round For each round, the teams aggregate score out of 500 shall be determined by combining its Memorial score with the two oral presentation scores, pursuant to the above rules. D. Tie-Breaking Procedure In case of a tie for a particular slot in the semi-final round, the team that has the highest average score for its oral presentations in the general rounds shall proceed to the next round. In the event that the tie is still not broken, the team whose first counsel has the highest average score for his or her oral presentations in the general round shall qualify to the semi-final round. The above-stated rules shall likewise apply in case of a tie for a slot in the final round.

E. Finality of Judging The scores awarded by the judges, as verified by the Committee, shall be final. F. Tabulators The PRC shall designate the Official Tabulator for the entire competition. IX. PENALTIES A. Memorial Penalties The Committee shall deduct the penalty for the Memorials from each of the individual judges scores to determine the final score. The minimum score that a team may receive from any individual Memorial judge is fifty (50) points. The Committee shall notify the teams of the imposed penalties prior to the general round. The deadline for filing an appeal is on or before 29 July 2011. No further appeal is allowed after a decision is made final by the Committee. RULE V. A. V. B. SUMMARY Late submission of memorial Use of incorrect size PENALTY 10 points for every day of delay (maximum of 30 points) 1 point per violation, up to a maximum of 10 points 1-50 words in excess, deduction of 5 points 51-100 words in excess, deduction of 10 points 101-200 words in excess, deduction of 20 points Over 200 words in excess, deduction of 30 points 2 points (one-time penalty) 10 points (one-time penalty) 2 points (one-time penalty) 5 points for every infraction

V. B.

Excessive length of pleadings

V. C. 1. V. C. 1. V. C. 3. IX. F.

Failure to include the necessary information in the Cover Sheet Violation of Anonymity Other violations of memorial format requirements Other penalties (absences and tardiness)

B. Oral Round Penalties RULE VII. A.9 VII. A.4 SUMMARY Disruptive noise or inappropriate behavior Violation of Anonymity PENALTY 10 points 20 points

C. Complaint Procedure
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The team must submit a written notification to the Committee within fifteen (15) minutes after the conclusion of the oral round if there are any violations committed. The notice must specify clearly the violation and the parties involved. Failure to follow the procedure shall result in the nullification of the teams complaint. The Committee's decision on the complaint shall be final. D. Judges prohibited from deducting penalties Only the Committee shall deduct penalties from the scores of the oralists. The judges shall score the round as if no violation was committed by the oralists. E. Notice of Penalties The Committee shall notify the teams of the Memorial penalty they incurred prior to the General Round. The Committee shall likewise notify the teams of any Oral Round Penalties they incurred. F. Other Penalties Absence or tardiness by any of the team members in any of the activities lined up for the duration of the Competition will result in a five (5) point deduction from the team's memorial score, for every infraction. Teams which abandon the competition without valid cause shall be disqualified from joining subsequent competitions, and shall be required to reimburse accommodation and travel expenses. For this purpose, abandonment is defined as leaving the competition premises with no intention to return or finish the competition. X. AWARDS The winning team in the Final Round shall be awarded the National Moot Court Cup and will represent the Philippines in the 2012 Hong Kong Red Cross IHL Regional Moot Court Competition in Hong Kong, China. The top three (3) highest scoring oralists/counsels in the oral hearings of the general rounds will be awarded certificates as 1st, 2nd, and 3rd Best Mooters, respectively. The Best Mooter in the final round shall also be given an award. The other teams which made it to the semi-final round shall be given Plaques of Recognition. The top three (3) Memorials with the highest scores shall be adjudged as 1st, 2nd, and 3rd Best Memorials, respectively.

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XI.

INTERPRETATION OF RULES The Committee shall have absolute discretion to resolve any issues concerning the interpretation of rules

TIMELINE DATE 30 March 2011 30 March 2011 May 2011 17 June 2011 15 July 2011 22 July 2011 27 September 2011 28 September 2011 29 September 2011 30 September 2011 ACTIVITY Deadline for the Submission of Letters of Intent Deadline for the Payment of the Registration Fee Release of the Compromis Submission of written requests for clarifications Deadline for the Submission of Memorials Late Submission of Memorials (with corresponding deductions) Briefing of the Participating Teams Supreme Court Tour IHL Role Play Challenge Exchange of Memorials among the Participating Teams General Rounds Semi-Final and Final Rounds / Awarding Ceremony

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