JUDGE SINGCO NOTES

November 9, 2017 Q: When does it become a norm of

Delegation of Powers
Once a power has been assigned to a
branch it cannot be delegated to another
branch because it would violate separation
of powers.
Passage of Laws
general or customary law?
1. When there’s necessity to follow
it
2. It has become binding as far as
other countries are concerned.
 Case: Llamanzarez vs COMELEC

Any law that is passed by Congress is International Law: Reduction of

subject to amendment, alteration, or even Statelessness
repeal. - Foundlings are citizens of the
Take note: Meaning of people refers to the country where they are found
electorate or the voters.  Case: Province of North Cotabato vs
Republic of the Philippines
Sec 2 – Renunciation of War - Right of people to assert
oneness or Right of Self-
What we are renouncing is an offensive war
DeterminationTreaties that have
and we cannot totally renounce war
become Customary International
because it is the duty of the government to
Law
defend its state. We cannot renounce a
 Case: Ladlad LGBT Party vs COMELEC
defensive war.
- SC: you need legislation to
Q: Who has the power to declare the incorporate Yogyakarta principle.
existence of a state of war?
A: Congress by 2/3 vote voting separately in
a joint session.
Incorporation Clause
Two Modes/Methods by which generally
accepted principles of International Law are
adopted as part of our laws:
1. Transformation
- Requires express adoption by
Congress
- Convert a generally accepted
principle of International law as a
local law or municipal law
2. Incorporation
1. Court makes a declaration
that it is part of our legal
system
2. Constitution itself. We adopt
this in Section 2.
Q: What are the sources of generally
accepted principles of international law?
A:
1. Treaties ratified by President
- Must be ratified by the president
with concurrence of 2/3 of the
Senate.
- Part of our legal system as an
ordinary law
2. Norms of General / Customary
International Laws