Poltical Law @&As (2007-2013) Amendments; People’s Initiative (2009) No.XVIII. What are the essential elements of a valid petition for a people’s initiative to amend the 1987 constitutions? SUGGESTED ANSWER: The essential elements of a valid petition for a people's initiative are: 1, The people must author and sign the entire proposal; no agent or representative can sign in their behalf; 2. The proposal must be embodied in the petition; and 3. The number of people who petitioned must be at least 12% of the total number registered voter, of which every legislative district must be represented by at least 3% of the registered voter therein. 4, Any amendment through people’s initiative shall be valid when ratified by a majority of the votes cast in a plebiscite which shall be held not earlier than 60 days nor later than 90 days after the certification by the Commission on Election of the sufficiency of the petition. hectorchrstopheri#yahoo.com Jayachsas PUBLIC INTERNATIONAL LAW Basic Principles; Reparation (2007) No. IV. In 1993, historians confirmed that during World War Il, "comfort women" were forced into serving the Japanese military. ‘These women were either abducted or lured by false promises of jobs as cooks or waitresses, and eventually forced against thei ¢ soldiers will to have sex with Japanes on a daily basis during the course of the war, and often suffered from severe beatings and venereal diseases. ‘The Japanese government contends that the "comfort stations’ military brothel by private operators, There were run as “onsite (or prostitution houses) by. the many and not Japanese military. were Filipina "comfort women, a, Name at least one basic principle or norm of international humanitarian law that was violated by the Japanese military in the treatment of the SUGGESTED ANSWE) ‘The treatment of “comfort women” by the Japanese military violated Article XXVII of the Geneva Convention (IV), which provides that: “Women shall be especially protected against any attack on their honour, in particular against rape, enforced prostitution, or any form of indecent assault.” ALTERNATIVE ANSWE] “Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do”eroy Satchel Paige oe * Page 87 of 168Poltical Law @&As (2007-2013) The treatment of “comfort women” by the Japanese military violated Article III of the Geneva Convention (IV) which prohibits outrages upon personal dignity in particular humiliation and degrading treatment. ALTERNATIVE ANSWER: ‘The principle of military necessity was violated. It prohibits the use of any measure that is not absolutely necessary for the purposes of the war. Military necessity is governed by several constraints: An attack or action must be intended to help in the military defeat of the enemy, it must be an attack on a military objective and the harm caused to civilians or civilian property must be proportional and not excessive in relation to the concrete and direct military advantage anticipated. Having to force women of the enemy state to serve the sexual needs of the soldiers is not absolutely necessary for the conduct of the war. b. The surviving Filipina “comfort women demand that the Japanese government apologize and pay them compensation. However, under the 1951 San Fra Peace Agreement -the legal instrument that ended the state of war between Japan and the Allied Forces -all the injured states, including the Philippines, received war reparations and, in return, waived all claims against Japan arising from the war. Is that a valid defense? hectorchrstopheri#yahoo.com Jayachsas SUGGESTED ANSWE! ‘The defense is not valid. Under the preamble of San Francisco Treaty, Japan Undertook to conform to the protection and observance of human rights. The San Francisco Treaty must yield to the United Nations Charter which provides for respect of human rights. Article 103 of the United Nations Charter provides that the obligation of the member-States prevail over any other international agreement. The waiver in Article 14(a) of the San Francisco Treaty is qualified by Article 14(b), which stated that Japan had no resources presently sufficient to make complete reparation for all such damages and sufferings and meet its other obligations. Thus the waiver was operative only while Japan had inadequate resources. ALTERNATIVE ANSWEI No, that is not a valid defense. Even if it could be argued that the Philippines, by signing said Peace Agreement had the right as a state to bring further claims, it had no authority to waive the individual right to reparations vested directly in its nationals who were victims of sexual slavery. The Philippines can only validly waive its right to recovery of reparations for injuries to the state. Moreover, there is no defense for the violation of jus cogens norms. ALTERNATIVE ANSWE] No. The claim is being made by the individuals, not by the State and it is “Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do”eroy Satchel Paige oe Page 88 of 168,Poltical Law @&As (2007-2013) recognized that individuals may also be subjects of international law apart from the state. Further, the San Francisco Peace Agreement could not be interposed as a valid defense as this could not have been contemplated therein. The use of “comfort women” was only confirmed long after that Agreement. Moreover, Article 17 (3) of the New Civil Code provides that ive laws concerning persons, their acts or property, and those which have for their object public order, policy and good customs, shall not be rendered ineffective by laws or judgments promulgated, or by determinations or conventions agreed upon in a foreign country. c. The surviving Filipina "comfort women’ sue the Japanese government for damages before Philippine courts. Will that case prosper? SUGGESTED ANSWE! ‘The Filipina “comfort women” cannot sue Japan for damages, because a foreign State may not be sued before Philippine courts as a consequence of the principles of independence and equality of States (Republic of Indonesia vs. Vinzon, 405 SCRA 126 [2003)). ALTERNATIVE ANSWER: ‘The case will not prosper in view of the doctrine of sovereign immunity from suit. However, a person who feels aggrieved by the acts of a foreign hectorchrstopheri#yahoo.com Jayachsas sovereign can ask his own government to espouse his cause through diplomatic channels. The “comfort women” can request the Philippine government, through the Department of Foreign Affairs, to espouse its claims against the Japanese government. (Holy See v. Rosario, G.R. No. 101949, December 1, 1994), The sovereign authority of a State to settle the claims of its national against foreign countries has repeatedly been recognized. This may be made without the consent of the nationals or even without consultation without them. (Dames and Moore v. Regan, 433 U.S. 654, [1981p ALTERNATIVE ANSWEI No. since the Philippines is a signatory to that Agreement, courts may not entertain a suit since that has been waived by the State. Moreover, it can be argued that there was no state action since the prostitution houses were being run by private operators, without the control or supervision of the Japanese government. (Southeast Case, United States v. Wilhelm List, Nuremberg Case No. 7, 1949) Concept of Association (2010) No. XXVIl What is the concept of association under international law? Under international law, an association is formed when two states of unequal “Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do”eroy Satchel Paige oe Page 89 of 168,