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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 people’s 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.
ph : Philippine Red Cross . B.000. The deposit slip should be sent either by facsimile to (02) 527-08-58 or via email to ihlmoot@yahoo. The Moot Court Rules and Registration Form will be sent to those who have signified their intention to participate in the 2011 Competition. and 3. 2. Manila A Registration Fee of Php 3.IHL Office Bonifacio Drive.com. Enrolled in the participating institution as of First Semester. Notice given to the representative shall constitute notice to the team. Each team must designate an official representative with contact details. Not a member of a previous champion team of this Competition.II. The team should submit a Certification from the School Registrar that the members are currently enrolled and not graduating by October 2012. Eligibility A person may be a member of the team if he or she is: 1. Team Composition 1 To assure the team’s eligibility to represent the Philippines in the Hong Kong Red Cross Moot Court Competition 2 . academic year 2011-2012. Port Area.com. 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.ph. 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. III.00 shall be charged to each participating school (payment inclusive of membership to the PRC Insurance for one (1) year). PARTICIPATION AND ELIGIBILITY A. 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. Not graduating by October 20121. Non-payment of registration fee will result in the disqualification of the team.
Clarifications issued shall be considered part of the Moot Problem and will be sent to all team representatives. C. THE MEMORIALS A. whether intentionally or inadvertently. The Committee shall determine the necessity of responding to the request for clarification and shall respond as it deems fit. Clarifications must not be requested to obtain facts other than those already contained in the Moot Problem. B. name. ID laces and other similar items which bear the school color.The participating school is allowed to send only one team to the Competition composed of two (2) members and one (1) coach. The participating teams and their companions must not reveal their school affiliation to the judges for the entire duration of the Competition. V.A.IHL Office Bonifacio Drive. initials. Memorials submitted to and received by the Secretariat beyond the specified date will be given the corresponding point deduction(s). by using their school jackets. IV. or slogan. The team members must satisfy the eligibility requirements stated in III. 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. THE COMPROMIS AND CLARIFICATIONS A. Manila 3 . A request for clarification must be accompanied by a brief explanation of the material significance of the same. All correspondence and any other material will be sent through the team’s official representative. and may be downloaded from the PRC website. logo. Clarifications Teams may submit written requests for clarification not later than 17 June 2011. pins. Compromis The Committee will release the Compromis or Moot Problem in the first week of May 2011. Team Anonymity Teams will be assigned “team numbers” through their representative on or before 30 June 2011. Port Area. This Anonymity Rule is intended to maintain the neutrality of the judges. The Teams are required to submit ten (10) hard copies of their Applicant and Respondent Postal address: Philippine Red Cross .
to wit: 1-50 words.ph in Microsoft Word format (. Table of Contents The Table of Contents must list all the contents of the Memorial. Table of Contents. including Conclusion/Prayer for Relief and citations. Cover Page The cover page should only bear the following information: The team number followed by an “A” for the Applicant Memorial (Ex. deduction of 30 points C.doc.000 words. 21R). 4 . This must be indicated on the upper right corner of the second cover page Title of the case Date of the Competition 2. The Pleadings section of each Memorial. Size 12. Revisions shall not be allowed once the Memorials have been submitted. The Cover Page. Parts of the Memorials 1. 21A. B. shall not exceed 2. up to a maximum of thirty (30) points.Teams must likewise send via electronic mail a copy of each Memorial to ihlmoot@yahoo. Words in excess of the maximum shall have a corresponding deduction in the team’s Memorial score.doc) on or before 15 July 2011. The Memorials should have corresponding page numbers in the following format: Page 1 of X. Quotations and footnotes shall have the same format but with single line spacing except between separate footnotes.com. deduction of 5 points 51-100 words deduction of 10 points 101-200 words. 21A) or an “R” for the Respondent Memorial (Ex. The file name must bear the school’s team number (Ex. 21R. and Table of Authorities must be double-spaced. including the headings and sub-headings. with 1½ line spacing and printed on standard short bond paper (8½ x 11).doc). Delay in the submission of Memorials shall incur a penalty equivalent to ten (10) points for every day of delay. Format of Memorials All parts of the Memorial must be in Times New Roman. deduction of 20 points Over 200 words. The Memorials must be stapled on the upper left side.
and comments on argumentation structure. must include a description of each authority. and other articles used as references. it must present the arguments concisely and direct to the point preferably in no more than two sentences. and must specify the pages in the Memorial where each authority is cited. The list must be alphabetically arranged. It should not be a reproduction of the headings and sub-headings found therein.3. The Pleadings contain the arguments. It provides the law and jurisprudence on which the arguments are founded. 7. Research and Assistance The team members shall solely be responsible for the research. a student-researcher may assist a team in the preparation of the Memorials. writing. laws. Summary of the Pleadings The Summary of the Pleadings provides a substantive summation of the arguments presented in the Memorial. commentaries.e. This is not to be used for presenting new information or as the summation of the team’s case. Index of Authorities The Index of Authorities provides a list of the authorities cited in the Memorial. The coach may provide advice to the team but it must be limited to: VI. It must present the facts found in the Compromis in a form according to the team’s position without adding or distorting the facts or making unreasonable inferences therein. Statement of Facts The Statement of Facts in narrative form contains the stipulations and inferences in the Compromis. 6. suggestions on research materials and sources. cases. 4. position. THE PAIRING PROCEDURES 5 . To be effective. However. Pleadings (Body of the Memorial) This is the core of the Memorial. 5. a general discussion of the issues. consultations on oral argumentation techniques. D.. or standpoint of the team. and editing of the Memorials. i. Conclusion/Prayer for Relief The Conclusion/Prayer for Relief states the remedy the team is asking the Court to order.
The remaining time in the oral arguments.The pairing of teams for the general rounds as Applicant or Respondent shall be determined through a random draw by the Committee. 5. The Rules applicable to all the rounds 1. A counsel may ask the Court for an extension before the end of his/her designated time. Each team is given a total of 40 minutes to speak. 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 6 . The rebuttal may be waived. the Respondent may not appear for surrebuttal. if any (Applicant 1 or 2) Surrebuttal. Each team shall consist of a first counsel and a second counsel. Neither can the time allocated for rebuttal or surrebuttal be used to extend the time for oral arguments. The order of the pleadings is as follows: Applicant 1 Applicant 2 Respondent 1 Respondent 2 Rebuttal. No team shall compete against the same team twice in the general rounds. If the Applicant waives the rebuttal. allocated as follows: 30 minutes to be distributed between the first and second counsel 10 minutes for rebuttal (Applicant) or surrebuttal (Respondent) 4. THE ORAL HEARING PROCEDURES A. The Committee has the power to adjust the pairing in order to account for absentee teams or other contingencies. 2. The Court has the discretion to allow such request for extension. The first counsel shall indicate at the start how long each counsel will speak and the time allotted for the rebuttal or surrebuttal. VII. Teams are required to attend a meeting on 28 September 2011 where the Memorials of the opposing teams will be distributed. if any (Respondent 1 or 2) 3. as designated by the team. may not be used to extend the time allocated for rebuttal or surrebuttal. The time of the first counsel shall begin from the entry of appearance. if any. 7. 6.
8. which will be held in the morning of 30 September 2011. The teams must avoid any noise or inappropriate behavior which may disturb the proceedings. Any infraction of the foregoing shall incur deductions of up to twenty (20) points from the total team score in the round. 9. The Final Round The final round shall be held in the afternoon of 30 September 2011 at the Supreme Court En Banc Session Hall. mobile phones. 7 . From among the four (4) winners. The Semi-Final Round The top eight (8) teams in the general round. handheld computers. During the general rounds. The winner of the toss shall be given the opportunity to choose their side. Any communication at the counsel table shall be in writing to prevent disruption. team supporters are only allowed to observe the matches in which the school they are affiliated with is competing. Rebuttal and Surrebuttal The Rebuttal shall be limited to the points raised in the Memorial and Oral Presentations. cameras. The Surrebuttal shall be limited to the points raised in the Rebuttal. The General Rounds All participating teams that have submitted their Memorials shall participate in the Oral Rounds. 10. based on their aggregate scores in the oral rounds and their written submissions. D. the two highest scoring teams will advance to the final round. and the sides will be determined by a toss coin. The semi-final and final rounds are open to everyone. Participants and members of the audience are not allowed to use electronic devices such as laptops. 11. Each team shall argue twice in the general rounds. B. Teams are not allowed to communicate with the audience or their respective coaches. shall advance to the semi-final round and compete in simultaneous knock out matches. recorders and other similar gadgets during the rounds. The pairings for the semi-final round shall be determined by random draw. on 29 September 2011. C. once as Applicant and once as Respondent. E.
Scoring of the Oral Rounds The oral presentations in the general and semi-final round shall be evaluated by at least three judges. If the winner fails to choose within the allotted period. The winner of the toss will be given thirty (30) seconds to select which side to argue. the team that has the highest average score for its oral presentations in the general rounds shall proceed to the next round. the team’s aggregate score out of 500 shall be determined by combining its Memorial score with the two oral presentation scores. Scores per Round For each round. The scoring of the Oral Rounds. 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. and final rounds. The above-stated rules shall likewise apply in case of a tie for a slot in the final round. the other team will be given the same time to choose its side. D. a professor or an expert in International Humanitarian Law. 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. Scoring of Memorials Each Memorial shall be assessed by at least two judges. The average of the scores given by the judges will be the final score of a Memorial.The team which will argue as Applicant or Respondent shall be determined by a toss coin. In each of the general. The higher-ranking team from the semi-final round will call the toss. a lawyer. pursuant to the above rules. C. semi-final. 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. If it likewise fails. 8 . one of whom is a current or former judge. COMPETITION SCORING The scoring shall consist of two parts: The scoring of the Memorials. A. then the higher-ranked team will automatically plead as Applicant and the lower-ranked team as Respondent. B. Tie-Breaking Procedure In case of a tie for a particular slot in the semi-final round. the maximum score for each counsel shall be 200 and the maximum score for each team shall be 400. VIII. In the event that the tie is still not broken.
V. IX. as verified by the Committee. The minimum score that a team may receive from any individual Memorial judge is fifty (50) points. No further appeal is allowed after a decision is made final by the Committee. A. V. A. deduction of 20 points Over 200 words in excess. RULE V. Complaint Procedure 9 . The Committee shall notify the teams of the imposed penalties prior to the general round. shall be final.9 VII. Excessive length of pleadings V. V. The deadline for filing an appeal is on or before 29 July 2011.4 SUMMARY Disruptive noise or inappropriate behavior Violation of Anonymity PENALTY 10 points 20 points C. C. F. B. 1.E. deduction of 10 points 101-200 words in excess. IX. 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. Oral Round Penalties RULE VII. Memorial Penalties The Committee shall deduct the penalty for the Memorials from each of the individual judges’ scores to determine the final score. C. PENALTIES A. F. Tabulators The PRC shall designate the Official Tabulator for the entire competition. 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. Finality of Judging The scores awarded by the judges. B. 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. deduction of 5 points 51-100 words in excess. up to a maximum of 10 points 1-50 words in excess. C. 1. A. 3.
2nd. respectively. The top three (3) Memorials with the highest scores shall be adjudged as 1st. For this purpose. Teams which abandon the competition without valid cause shall be disqualified from joining subsequent competitions. The judges shall score the round as if no violation was committed by the oralists. The Best Mooter in the final round shall also be given an award. 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. X. D. respectively. and shall be required to reimburse accommodation and travel expenses. The Committee's decision on the complaint shall be final. and 3rd Best Memorials. The notice must specify clearly the violation and the parties involved. abandonment is defined as leaving the competition premises with no intention to return or finish the competition. Failure to follow the procedure shall result in the nullification of the team’s complaint. and 3rd Best Mooters. China. The top three (3) highest scoring oralists/counsels in the oral hearings of the general rounds will be awarded certificates as 1st. 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. The other teams which made it to the semi-final round shall be given Plaques of Recognition. E.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. Notice of Penalties The Committee shall notify the teams of the Memorial penalty they incurred prior to the General Round. Judges prohibited from deducting penalties Only the Committee shall deduct penalties from the scores of the oralists. 2nd. The Committee shall likewise notify the teams of any Oral Round Penalties they incurred. for every infraction. F. 10 .
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 11 .
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