Arelluno University School of Law Center for Legal Education and Research 2016 BAR OPERATIONS COMMISSION LAST MINUTE TIPS POLITICAL LAW 1. Is the Enhanced Detonse Cooperation Agreement (EDCA) an Executive Agreement not needing Senate concurrence or a Treaty which must be submitted to Senate for ‘concurrence? Under the Constittion, the President is empowered io enter into executive agreements on foreign miitary bases, troops or feciitios if (1) such agreement Is not the instrument inet allows. {the entry of such and (2) ifit merely aims to implement an existing law or treaty. EDCA is in the form of an executive agreement since it merely involves “adjustments in detail in the implementation of the Mutual Defense Trealy (MDT) and the Visiting Forces Agreement (VFA). These are existing treaties betwaen the Philippines and the USA. that have already been concurred in by the Philippine Senate and have, thereby, met the requirements of the Constitution under Article XVI, Section 25. Because ofthe status of these prior agreements, Ihe EDA need not be transmitted to the Senate (Sagusag v. Execuive Secretary Ochoa, GR Nos. 212426 4.212664, January 12,2018) 2 oes the “Resident Marine Mammals” and “Stowards” have the locus stand! or legal ‘ ‘standing to file a petition in environmental cases? Yes. In our jurisdiction, focus standi in environmental cases has been given a more liberalized approach. The Rules of Procedure for Environmentat Cases allow for a ‘citizen suit’, {and permit any Filipino citizen to fie an action before our cours for violation of our environmental laws on the principle that humans are stewards of nature, Section 5 states that any Flipino citizen, in representation of other, including minors and generaons yet unborn, may fie an action to enforce rights or obligations under environmental laws (Resident Marine Mammals vs FIOEG. GR. 180771, Aor 15, 2018) 3. What Is the doctrine of Epistolery Jurisdiction? ‘The Supreme Court has the power to brush aside technicalities when the petitioners {aised issues of transcendental importance in accordance with the Rule making power of the ‘Supreme Court under Art. Vii Sec.5, par. 5 of the Constitution. 4 What is a writ of Katikasan? The writ is @ remedy available to a natural or juridical person, entity authorized by law, people's organization, non-governmental orgenization, or any public interest group accredited by oF registered with any government agency, on behalf of persons whose constitutional right to balanced and healthful ecology is violated, or threatened with violation by an unlawful act ot ‘omission of @ public official or employee, of private individual or entity, involving environmental damage of such magnitude as to prejudice the life, health or property of inhabitants in two or ‘More cities or provinces. (Section 1, Rul 7, Parti Special Chi Actions, Rules of Procedie fr Ervronenter Caves) 5. What is the extent of Congress’ power of inquiry in eld of legislation? Section 21, Article VI 1987 Constitution states that “the Senate or the House of Representatives or any of it respective committees may conduct inquiries in aid of legislation bs ‘accordance wits its duly published rules of procedure, ‘The extent of power Congress’ power of inquiry in aid of legislation are: ‘2 The inquiry must be material or nacossary to the exercise of @ power in It vested by the Constitution, such as to legislate, or to expel a Member, b. tmust be material or pertinent tothe subject of the inquiry or investigation: ©. Tho materiality of the question must be determined by ts direct relation to any proposed or possible legislation; and cretono CHLIETATR 110. 1. 4 inet necessary fr the leiie body to show tet evry question itp froW that every queston is propounded to a portnentt real. SY cand oF posaite lation alah eg eau Pertinent to the matter under inquiry eet rected i tat & be What are the throa (3) limitations of the power. of Inguty In ald of legislation? Section 21 of Article VI 1987 Constitution provides for the limitations; to wit 2 [imust be in aia of eaisiation; The mete Conducted in accordance with duly published rues of ct ished rues of procedure; and The Dersons appearing therein are afforded tror Constitutional rights, including the rights te borepresented by a counsel andthe right gant selfanerimination, can rs me or the Pros Congress?” °% StPr¢me Court or the President be subject to the power Inquiry by What is executive privilege? Executive privilege, tased on the constiutional doctine of separation of powers, where such seen tv® fom disclosure requirements appleable to ordinary ehtzan or garner Where such exemption is necessary to the discharge of highly imporiant coeeree, responsibilities See tay attaining governmental operations, and extends not only to millay sea diplomatic decisonel srt, Soeuments integral to an appropriate exercise of the execute! donor Sessional and policy making functions, that i, those docunments Felecing he haw expression ‘oor, aghso mooge erTrnenta advisory and deliberative convmunications,(Sermie Gove cece 189777, Aon 20,2006) What are the 3 varieties of Executive Privilege? The three (3) varieties of executive privilege are: 2 Bale secret priviloge, which is invoked by US Presidents onthe ground thatthe information Bei Ruch nature that its disclosure would subvert crucial mitary or diplomatic obyecanoe’ b. Informer'e privite 98 of the Government not to disciose the identity of cornet ene furish information of violaions of law to officers charged with the enforcer ect of that law; and © Generic privilege for internal deliberations, which has been sald to attach to intrac ae rerrerental documents reflecting advisory opinions, recommendations and deliberaters raring Part of a process by which governmental decisions and policies are formats (Sonata ve. Erte 2004) No. Congress has aright to information fom the executve branch whenever ti sought in ad of egisiation If te executve branch witmolds such formation an he ore ee one Privioged, t must so assert and state he reason therefor andy heuer be ees, instances to respect the refusal ofthe depariment head w appear in such ngUNy, Unleeo geek dain of privioge is subsequently mate by the President himself or by he Execute Sosa “by the order ofthe President” (Senate v ime, Na 160777, sp 292004) Differentiate Inquiry in Ald of Legleletion (Sec. 21) and Quastion Hour (See. 22). [Brault in Ald of Cogisiation (See. 24)_[ tion Ha | Secton 24 speciicaly relates to tho power | Sacian 27 penains to the Sosa ty onGIaT > to conduct inquiries in aid of legislation, | question hour. the objective of which is to obtain the aim of whichis to ect inforraton that | information in pursuit of Congress" ‘oversight may be used for legislation function ton 21, appearance s mandatory | Congr -Bppearance of eretione CILIEVAIR 212, Taeparivient heads, who has discretion on whether to appear or not, in keeping with the ‘separation of powers (Senate v Enmte. GR No. 159777 | Aen 20, 2008) Ditterentiate Presidentias from Parliamentary form of government. PARLIAMENTARY | other. (ibigy The Executive and Legislative branches are integrated to each 120 (1957) — — The President (Section 7, Article Vi (a Prime Minister. (Bomas, J. 2008, 69) | AS TO CABINET MEMBERS — COMPOSITION AND ACCOUNTABILITY PRESIOENTIAL— Eva though the President Fos the prominent postion, the system is govemed by the doctrine of separation of powers, whereby ‘AsToPoumcat | there is coordination yet STRUCTURE | Seperation of the tree governmental branches. eas £2000) Th 19 Popo Genet of be hepunte, of he Popes” Z Gonmariay, cing Loewen Pelee Bowers and ine Govoromate Froese 72. STO PERSON THROUGH WHICH | 1967 Prtcie Consturon EXECUTIVE POWER IS EXERCISED The President fe voted upon By the people through an election, as | pried fx by the Contin ASTOMANNER | ‘S20" Boe raneeme oFvoTINGoR =| “Ne” ELECTION The Presidents (erm oF OFS i] fxed by the Consthution, He | ASTOTERMOF | remains’ in his office until the OFFICE | expiration of hig term. However, he cannot extend beyond such Cabinet members are chosen by | Cabinet members, who are chosen | f—_______| term. bid) the President. They are cominated by him with ‘the concurrence or confirmation of the Legislature, They serve at the President's pleasure (Socton 16, aici vi, 1987 Prine Consttton) | ‘Since _ cabinet | appointed primarily by President, they are accountable to the later. In the same manner, the President is the only one who exercises control and supervision lover them. (Secton 17, Ate Vi, 1987 Pri Conta) | The Prime Minister ie elected by j | I | Goremmant: Partemontary vz. Presigental members are the | Deeclomentat “Stuies | wins the majority of votes in the the Legislature itself. He Is usualy the leader of the political party that Legislature. (Farming « Goverment: Pataca ws Prats yom by Pritaee vlogmantl Stusoe (03), otng “Towords a Fedora! power as long as he enjoys the support of the majority of the Legisiature. (Bemes, J 2000, 8) bythe ‘are comprised of the members of the Legislature that belongs either to the same poitical party with that of the Prime Minister of from other coalition of parties (Femng a inate or Towers @ FocarelRepubie” 9° the Prieines * ra” Brcaeniany Govemmort by 20107 paper by Joss ‘Aovera (2003) The Legislature has the power to force the cabinet members to resign upon a vote of confidence. Boras, J 2008, ‘Syoter™ oy.“ Phppine AS TO ENACTMENT OF LAWS. Every bil passed by the Congress shall, before it becomes a law, be Presented to the President. Here, the President has the power to veto of approve said bil. (Section 27, | soi io Partamertay. Spam. Cheoging By virtue of its integration with the | Legislature, bills are introduced and initiated by the Executive, through the cabinet members. (The tha Terain for PONGO. intrventon Artie Vi, 4987 Pita Conetuton) orekano CILIEIAIR 3 PAWhat are the instances in which the Presidant may not extend his, pardoning power? Inimpeachment cases; {In cases that not {n cases invoWving violation of electon favorable recommendation coming from a b Yet been resuited in a final conviction, and ‘ews, rules and regulations in which there was no the COMELEC. (Widely. COMELEC, GR No 206660, January 21,2015) 14. What is the Lemon Test? Ris a test in @. Ithas.a secular legislative purpose; D. Itneither advances or inhibits religion: and © Itdoes not No. 205728, January 21,2018) 15. religious belts b etermining the consttuionalty ofa regulation over a religious activity, and ‘such the regulation must conform tothe following requirements: foster an excessive entanglement with religion. (Ooceses of Baccd v COMELEC. GR What is the three-step process in applying the “Compelling State interest Test"? Plaintiff must show that a law or government practice inhibits the free exercise of his ‘The ‘government must demonstrate that the law or practice is necessary to the gccomplishment of some important (or compeling) secular objective and that it 8 the Jeast restrictive means of achieving that objective. exemption from the law or practice at 2008) 16. Discuss the Benevolent Neutrality Theory If the government was able to prove the burden, then the plaintiff is not entitled to Issue. (Estrede vs Escrtor, AM Mo. P-02-1851, une 22, ‘The benevolent neutrality theory telieves that governmental actions, wherein ‘Secommodation of religion is allowed, is not to promote the governments favored form of religion, ‘ut to allow individuals and groups to exercise their religion without hindrance. The purpose of ‘accommodations is to remove a burden on, or faciitate the exercise of, a person's or institution's feligion. What is sought under the theory of accommodation is not a declaration of Uuneonstitutionalty of = facially neutral law, ‘but an exemption from its application or “burdensome effect,” whether by the legislature or the courts /esreda va Escrtor A her 6-05-1881, tune 22.2008), 17. Differentiate Revision trom Amendment. AERO [+ An addition or change within the lines of the original constitution as will effect an improvernent, or better cary out. the Purpose for which it was framed: A change that adds, reduces or deletes without altering the basic principles, Involved; Affects only the specific provision being amended. maarerena 18. revision of the constitution? ‘The shift from a presidential to a federal the constitution ‘An amendment document, to determine ssuitch from the presidential system to a Prippines: A Commentary, 2009 Eaten) ____ REVISION — + A change that alters a basic principle in the Consttution, ike altering the principle of separation of powers or the system of cchecks-and-balances, + Atters the substantial entirety of the consttution, as when the change affects ‘substantial provisions of the Constitution ombino v. COMELEC, GR No. 174183, October 25.2008) Will a shitt from presidential to @ federal form of government entail an amendment or form of government would entail a REVISION of nviseges an alteration of one or a few specific and separable provisions. {n cevision, the guiding orginal intention and pian contemplates @ re-examination of the enteo ocument, of of the provisions of the document which have over-all implications for the how and to what extent they should be altered. Thus, for instance a parliamentary system would be a revision because of ts yerall impact on the entre constitutional structure (Bema, The 1887 Consiluton of the Repco na cretono CILIEIAIR 419, 21. This rationale could be applied by analogy to the proposed chit of the government unitary, presidential to federalism. a eae What Is the Doctrine of Exheustion of Administrative Remedies and its exceptions? General rule: before a party may seek the intervention of the court, he should first avail of all the means afforded him by administrative processes. The issues which aoministrative ‘agencies are authorized to decide should not be summarily taken from them and submitted to ‘court without first giving such administrative agency the opportunity to dispose of the same after due deliveration, Exceptions to the doctrine of exhaustion of administrative remedies: 2. Where there is estoppel on the part ofthe party invoxing the doctrine; ». Where the challenged administrative act is patenty ilegal, amounting to lack of jurisdiction; c. Where thera is unreasonable delay or official inaction that will iretrievably prejudice the complainant; 4. Where the amount involved is relatively small so as to make the rule impractical and oppressive; fe. Where the question involved is purely legat and will utimately have to be decided by the courts of justice; 1. Where judicial intervention is urgent; 9. When its eppication may cause great and imeparable damage; 1. Where the controverted acts violate due process, i. When the issue of non-exhaustion of administrative remedies has been rendered moot, j, When there is no other plain, speedy and adequate remedy; K. When strong public interest is involved; and 1 {In quo warranto proceedings (Republe vs cap 6. RNo. 188262, March 2, 2007) What are the standards of judicial review of the constitutionality of a classification imbued Ina statute? ‘& Rational Basis Scrutiny Test ~ The challenged classification needs only be shown to be rationally related to serving a legitimate state interest. Rational basis examination, which is used to review economic legislation, is @ test to see if Jaws or ordinances rationally further a legitimate governmental interest (white Ugh Co. Cy of Manis, 576 SORA 476 lanamy 20,2009) b. Strict Judicial Scrutiny Tost — A legislative classification which impermissibly interferes with the exercise of @ fundamental right or operates to the peculiar disadvantage of a suspect class is presumed unconstitutional, and the burden is upon the government to prove that the. Classification is necessary to achieve a compelling state Interest and that i ig the least restrictive means to protect such interest. ‘Strict scrutiny test, which is used to review laws dealing with freedom of the mind or restricting the political process, focuses on the presence of compelling governmental interest ‘and on the absence of less restrictive means for achieving such interest. (White Light Corp. v. City of Marita, supra) © Middle Tier / Intermediate Scrutiny Test ~ The government must show that the challenged Classification serves an important state interest and that the classification is at least ‘Supstantially elated to serving that interest. Immediate scrutiny test, which is used to review classifications based on gender and legitimacy, extensively examines governmental interest and the availabilty of less restrictive ‘measures is considered. (whe Light Com. Cy of Meni supra) What Is the Doctrine of Prior Resort or Primary Jurisdiction? Courts cannot or will not determine a controversy involving @ question which is within the jurisdicton of the administrative tribunal prior to the resolution of that question by the administrative tribunal, where the question demands the exercise of sound administrative Mast be | Must te] Unless comprised by | contiguous with | contiguous with | contiguous with ‘wo.ormoreisiands | en area ofatleast| an area of at| an arca of at least 100 sq km, | least 2,000 sq 50 sq km, 3s certifed by LB. | a8 cored by} km, a8 certiiod J+ Requirement on | LMB by LM land. area’ shall |» Tho teritory J» The tentory not apply where |" wed not be | need not be the "proposed | contiguous it| contiguous if it municipality” is} comprises two | comprises. two Composed of tor} @) or more| (2) or more more islands Islands or is | islands or ie ‘separated by a| separated by a chartered city or | chartered city or ‘Gites which’ do | cites which do pot contribute to | not contribute to the Income. of | the income. of the province. | the province, The land area| The land area requirement requirement shall not apply | shall_not apply whee the | where the Proposed city is | proposee ‘composed of | province ig. fone (1) oF more | composed of nds fone (1) oF more islands. THCOME Nene ‘Average ennai | Average — annual | Average annual Income of not less | income of not less | income of not less than Php 2.5 milion | than PHP | than’ PHP for immediately | 20,000,000 for the | 20,000,000 for the Preceding two | immediately innmnediately consecutive years | preceding” two | preceding two consecutive years | consecutive years New barangays Reouteres |" vate’ Monte | shall be crested only by Act of ‘Congress | js Barangay may be | created in the indigenous cca lJ eretono CILIEIAIR 145. 82, What is the scope of the LGU'S police power “ithe exercise of police power is necessarily subject (0 a qualification, limitation or reatcton demanded by the regard the respoct ane cbwsonce se ote precetptons ofthe {ugdamental law, particulary those forming part of the Constitution of Liberty. otherwise Known 23. the Bil of Rights — the polce power measure must be reasonable. In other words, individual Fights may be adversely atfected by the exercise cf palice power to the extent only — and only to the extent ~ that may be faiy required by tne legtimete demands of publ interest of pubic weltare.atcut vs CF Ag:son On Nar ad Baten, GA NO 1394295 Congress enacted R.A. 8528, re-classitying the Independent Component City of Isabela to Component City of Isabels. As the said law did not call for » plebiscite, the affected residents of Isabela City chatlenged the consthutionality of RA. 8528, On the other hand, the ‘oppositors contend that R.A. No. 8528 merely reclassified Santiago City from an Independent component city to 2 component city. t ailegedly did not involve any creation, division, merger, abolition, or substantial alteration of boundaries of local government units, hence, @ plebiscite of the people of Santiago is unnecessary. Which contention 1s correct? The downgrading of Isabela City fails within the meaning of creation, division, merger. stoiiton oF substantial aeration of boundaries of mumctaties be’ Secton 10. arice X of Constuiton. The indeperdence of te cty 98 polteal Unt wi be ekmnished The cty mayor willbe ploced under the admnatrave supérvsion of te ravine governor. The rolutons and ‘rinances ofthe iy counel of Santago wih ave to be reviewed by te Provincia! Board of Isabela. Taxes that wi be collected by tre cty wil now have to be shared wih the provines. The Rule on Piebiste provided by Rule It Acie ©. paragragh () (1 of the implementing Rules and Regulatons ofthe Local Government Cage's accord wnt te Consttutonalinvtaton on the bower of Congress fo create, dvce, merge, abotsh or sucstantaly ater boundaries of local Goverment uns The rales cover all Conversions, wictrer upward or Gownward i character, £0 tong ax they resut mv materal change. in tha ical government unt Grecty tected especialy a change in the pote and aconome rghts of te people. Wence, RA 8528 te Unconstteral fr fing to prove for pled of te people of abel. (oe Mona, a ton Acard at NDE Spot 1 188) Does the RA 10367, ontitied “An Act Providing for Mandatory Biometrics Voter Registration” which mandates 2 mandatory biometrics registration system, a substentive requirement that proscribes the exercise of the right to suffrage? No. Registration regulates the exercise of the right of suffrage. It fs not @ qualification for such right The right to vote is not a natural right but isa right created by law. Suffrage is 9 prwvilege ‘granted by the State to such persons or classes as are most likely to exercise it for the public ood. The State may therefore regulate said right by imposing statutory disqualifications, with the. ‘restriction, however, that the same do not amount to, 2 “itetacy, property or other substantive requirement “A “qualification” is loosely defined as “the possession of qualities, properties (such as fitness or capacity) inherently or legally necessary to make one eligible for a position or office, ‘r to perform @ public duty or function."Properly speaking, the concept of a “qualification”. at least insofar as the discourse on suffrage is concerned, shouid be oistinguished from the concept of “registration’, which is junisprudentialy regarded as only the means by which a person's qualifications to vote is determined. ‘keosten Party Lis! COMELEC, GR No. 189868, December 18° 2009) What are the new guidelines or parameters in qualitying party-lists under the Pi re tying partys arty-List & Thee diferent groups may partipate in the party-ist system (1) national partes or coxganizations, (2) regional partes or organizations, and (3) sectoral parties Orespantone Nallonal pores or organizations and regional pares or organizations do. nol neod nize along sect ot need (o represent any “marginalized. and crzance along sata ines ard do. none nalized Police! partes can partepate in pary-at lactone provided they register under the party system and do not fel candidates in legisiative dictict elactons. A poltieal part, wei san sisctlons only through its sectoral wing that can separately register uroee he party- : Prater. The sectoral wing & by itself an independent sectoral party, ands linkes fd and toa 4. Sectoral parties or organizations may either be *marain; 7 iecking it eaeaer ogmaatons may either be “marsinalzed and undereoresented” or {t's enough that their principal advocacy Gelono cHLiEIAIR 1255. pertains to the special interest and concerns of their sector. The sectors that are “marginalized and underrepresented” inclide labor, peasant, fisherfolk, urban poor, indigenous cultural communities handicapped, veterans, and overseas workers. The sectors that lack ‘wel-defined politcal constituencies’ include professionals, the elderly, women, and youth; ©. A majority of the members of se-tural parties or organizations that represent the “marginalized and underrepresvited” must belong to te ‘marginalized and underrepresented" sector they r.present Sirnlarly, @ majority of the members of sectoral Parties or organizations that lack ‘well-defined political constituencies” must belong to the Sector they represent. The neminees of sectoral partes or organizations that represent the “marginalized and underrepresented,” or that represent those who lack ‘well-definea political Constituencies," either must belong to their respoctive sectors, or must have a track record of advocacy for their respective sectors, The nominees of national and regional partes or ‘organizations must be bona-fide members of such partes or organizations; and {. National, regional, and sectoral parties or organizations shall not be disqualified if some of their nominees are disqualified, provided that they have at least one nominee who remains ‘qualified. (Atong Peploum vs. COMELEC, GR No. 203768. April 2. 2013) Js the substitution of a candidate not belonging to the same political party velld? No. Under the express provision of Sec. 77 of the Omnibus Election Code (B.P. Big. 881 ‘as amended) not just any person, but only “an offcial candidate of a registered or accredited politica! party" may be substituted. Section 77 provides that for candidates in case of death, disqualification or withdrawal of another, "If after the last day for the filing of certificates of candidacy, an official candidate of @ registered or accredited political party dies, withdraws or is disqualified for any cause, only a person belonging to, and certified by, the same political party may file a certificate of candidacy to eplace the candidate who died, withdrew or was disqualified. The substitute candidate nominated by the political party concemed may file his certificate of candidacy for the office affected in accordance with the preceding sections not later than mid-day of Election Day of the election.” Jurisdiction of COMELEC Division and En Banc. JURISDICTION OF COMELEC DIVISION, EN BANG ‘All election cases, including pre-prociamation | Motion for Reconsideration of a decision by @ contests, originally cognizable by COMELEC | division under Sec. 2(2) Art. IX of the Constitution Petition to cancel carbficate of candidacy Petition for correction of manifest errors alleging an erroneous copying of figures from the Election Return to the Statement of votes by a precint ‘Cases appealed from RTC and MTC ‘Prosecution of Violation of Election Laws, Petition for Certiorari from the decision of RTC | Cases when COMELEC does not exercise its and MTC. adgjudicatory or quastjudicial powers (ie. exercise of purely ad Define the following terms: AREATRANGE WHAT MAY BE EXERCISED? | TERRITORIAL SEA | 72 nautical miles from the baseline | Sovereignty "24 nautical mis from the Baseline | Junsdiction to prevent CONTIGUOUS SEA infringement of customs, fiscal, immigration, or sanitary laws 200 nautical miles from the | Exclusive ight to explore, EXCLUSIVE basetine exploit, conserve, and manage eee cna ne — — the natural resources. ‘The seabed and sibscl oF eT submarne arcas that extend CONTINENTAL | BevOnd ts terntoras sea Salve throughout the natural prolongation of its land territory to the outer ledge of the continental margin or to a distance of 200 miles from the oreiono CIL}EIAIR 1358. baselines from which the breadth | of the territorial sea is measured where the outer edge of the continental margin does not extend up to that ‘That part of the sea that are not | included in the exclusive economic OPEN SEA zone, in the territorial sea or in the internai waters of a State, or in the | archipelagic waters. ofan | archipelagic State. L International Court of Justice (IC.J) vs. International Criminal Court (1CC). ice 3} TREATY + rear Statute. UN Charter PARTIES | Individuals can be tried in the ICC | Only States can be a party to the ICJ ry individuals | The cox Its function crimes against humanity and enmes JURISDICTION of aggression. them; and ‘opinions on 59. No. Although this Court stands willing to assume the responsibil Philippines international law obligations, the bianxet invocation of inter panacea for all social ils At this accused of genocide. war cnmes, | setting legal disputes between member Stater submitted to it by _L ty tne agen has two functions: (1) (2) giving advisory legal matters referred to = of the UN Js the Application of International Human Rights Lew in relation to Sexual Orientation and Gender Identity aka YOGYARAKTA PRINCIPLES binding in the Philippines? ity of giving effect to the tational Jaw is not the time, we are not prepared to declare that these Yogyakarta Principles contain norms that are obligatory on the Philippines, There are declarations and obligations outined in aid Principles which are not reflective of the current state of international law, and do not find basis in any of the sources of international law enumerated under Article 38(1) of the Statute of the International Court of Justice. Using even the most liberal of lenses, these Yogyakarta formulated by various international law professors, Principles, consisting of a declaration best de lege ferenda* and do not constitute binding obligations on the e at Philippines. Indeed, so much of contemporary international law is characterized by the soft law nomenciature, ie. international law is full of principles that promote international cooperation, harmony, and respect for human rights, most of which amount to no more than well-meani ‘support of either State practice or opino juris. (Ang Laced vs COMELEG, GR 1 * the basis of new law 60. What are the 4 basic freedoms in the high seas? Freedom of navigation andlor fight Freedom of mining and fishing Freedom of laying down underwater cables Freedom of scientific research aege 61. The following are modes of acquiring territory in international law: Discovery + Effective Occupation Possession ‘Accession Prescription (Professor Megalone vs. Ermita. GA. No. 187267, July 16, 2081) ance 62, International Law principles ing desires, without the 190882) Pacta Sunt Servanda - Treaties must be observed in’ good faith despite supervening hardship on the contracting state, such as, conflict between the treaty and its constitution oF municipal law, codified in Article 26 of the Vienna Convention of the law of Treaties that says that “every treat in force is binding upon the parties to t and must be performed by them in (900d fath’ cretion C/CIFIAIR 14