University of the Philippines College of Law Constitutional Law II First Semester, AY 200 !0" #i$terms %&am Prof' (arry L' )o*ue 1.

John and Marsha have been in a domestic relationship for at least 10 years. One fine day, John, feeling the urge to settle down and to “grow roots” thought that it was best to institutionali e their relationship through marriage. !rmed thus with a do en roses, and after a sumptuous dinner with the best champagne, John went on his feet and as"ed Marsha to marry him. Marsha, with tears on her eyes, consented. #he happy couple thereupon proceeded to arrange their “big day”. $nfortunately, the couple encountered an une%pected obstacle& the civil registrar refused to issue a marriage license since Marsha apparently was born as Mar" thirty years ago, although it appeared that Mar" underwent a successful se% change operation in Japan five years ago. #he couple was informed by the 'egistrar that the marriage license could not be issued as the (amily )ode specifies that “marriage is between a man and a woman”. #he couple then hired you specifically to file a legal action to compel the civil registrar to issue the re*uired license. +raft a legal memorandum detailing the issues which you will have to argue before the courts. ,. #he -hilippines entered into a .ilateral /mmunity !greement with the $nited 0tates. #he !greement provides in part” 1. “(or purposes of this agreement, “persons” are current or former 1overnment officials, employees 2including contractors3, or military personnel or nationals of one -arty 2the $03. 2. -ersons of one -arty 2$03 present in the territory of the other 2-hilippines3 shall not, absent the e%pressed consent of the first -arty& a3 be surrendered or transferred by any means to the /nternational )riminal )ourt for any purpose, or b3 be surrendered or transferred by any means to any other entity or third country, or e%pelled to a third country, for the purpose of surrender to or transfer to the /nternational )riminal )ourt. #he -hilippine 0upreme )ourt has ruled previously in the 4amashita and 5uroda cases that the -hilippines is bound by customary international law not to accord impunity to perpetrators of war crimes. #he /)) e%ists precisely to put an end to impunity to those who will commit these crimes. 4ou were as"ed to file a petition to declare the said #reaty as unconstitutional. !rgue.

deference must be accorded the political branches of government8 namely. +imagulangan against both the writer and the publisher of “5atotohanan”. but not necessarily for purposes of getting a promotion to the )ourt of !ppeals since anyway. 6e said that in cases involving liberty. “$pon his appointment. he is still young and could still wait for the outcome of the .ishop +imabili and other civic leaders filed a petition in )ourt to compel the !rroyo administration to remit the -rovince of -alawan 90? of all earnings arising from the Mampalaya natural gas field as mandated by the . the scales of 7ustice should weigh heavily against the government and in favor of the poor. published an editorial as follows& “0enate reporters and the +epartment of . 4ou were as"ed to defend the publisher. not the writer of the editorial. !s a rule. an anti:administration newspaper. 9. 6e said laws and actions that restrict fundamental rights come to the courts “with a heavy presumption against the constitutional validity”. @rite the 'esolution. .010 elections.abor and <mployment labor union say that 0ecretary +imagulangan=s resignation was prompted by an impending 0enate investigation of a 1:million pesos employee fund she withdrew and placed in a ban" account only she "nows”. the -residency and )ongress.est +ecision !ward” given by the (oundation for Judicial <%cellence. courts will not pass upon the merits or wisdom of economic policies. in a libel cases filed by 0ec. .” )omment citing authorities for your arguments. the dispossessed and the wea". #he “5atotohanan”. >. #he Judge then as"ed you write the resolution for this issue in a manner that would be worthy of the “. /n conflicts affecting policies on prosperity and development. citing as much authorities as you can.3. for these matters have been left by the people to the -resident and )ongress to evaluate and decide. #he 0olicitor 1eneral filed a Motion to dismiss on the found of lac" of standing to sue and non:7ustifiability of the issue. the marginali ed.ocal 1overnment )ode. )hief Justice -anganiban laid down his vision for the Judiciary. +iscuss all possible defenses of the publisher. the oppressed.

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