A.

Provisional Constitution to return to this country, and the right to

education.
Article II, Section 1- Until a legislature is elected
and convened under a new Constitution, the Examples of political rights are the right to
president shall continue to exercise legislative suffrage, the right of assembly and the right to
power. petition for redress of grievances.

B. 1935 Constitution Human rights are broader in scope than civil and
political rights. They also include social,
Article IV- Citizenship economic, and cultural rights. Human rights
inhere in persons from the fact of their humanity.
Section 1- The following are citizens of the Every man possesses them everywhere and at all
Philippines: times simply because he is a human being.

1. Those who are citizens of the Philippine Islands On the other hand, some civil and political rights
at the time of the adoption of the Constitution. are not natural rights. They exist because they
2. Those born in the Philippine Islands of foreign are protected by Constitution or granted by law.
parents who, before the adoption of this The liberty to enter into contracts is not a human
Constitution, had been elected to public office in right but a civil right.
the Philippine Islands.
3. Those whose fathers are citizens of the
Philippines.
4. Those whose mothers are citizen of the
Philippines and, upon reaching the age of
majority, elect Philippine citizenship.
5. Those who are naturalized in accordance with
law.

Article II- Social Justice

Section 5- The promotion of social justice to

insure the well-being and economy security of all
the people should be the concern of the State.

C. 1973 Constitution

Article II- Social Justice

Section 6- The State shall promote social justice

to ensure the dignity, welfare and security of all
the people. Towards this end, the State shall
regulate the acquisition, ownership, use,
enjoyment and disposition of private property,
and equitably diffuse property ownership and
profits.

D. The Difference Among Civil Rights, Political

Rights and Human Rights

The term civil rights refers to the rights secured

by the Constitution of any state or country to all
its inhabitants and not connected with the
organization or administration of the government.

Political rights consist in the power to participate

directly or indirectly in the management of the
government. The civil rights have no relation to
the establishment, management or support of the
government.

Civil rights define the relations of individual

amongst themselves while political rights define
the relations of individual vis-a-vis the state.

Civil rights extend protection to all inhabitants of

a state while political rights protect merely its
citizens.

Examples of civil rights are the rights against

involuntary servitude, religious freedom, the
guarantee against unreasonable searches and
seizures, liberty of abode, the prohibition against
imprisonment for debt, the right to travel, equal
protection, due process, the right to marry, right
 5. How to invoke sovereign immunity

When a state wishes to plead sovereign immunity

in a foreign country, it requests the foreign office
of the state where it is being sued to convey to
A. Sovereignty as defined in International Law the court that it is entitled to sovereign immunity.
In the Philippines, the practice is for the
Sovereignty signifies the right to exercise the government is to first secure an executive
functions of a state in regard to a portion of the endorsement of its claim of sovereign immunity.
globe to the exclusion of any other state. It is the In some case, the defence of sovereign immunity
principle of exclusive competence of a state in is submitted directly to the local court by the
regard to its own authority. foreign government through counsel by filing a
motion to dismiss on the ground that the court
Or; State sovereignty is the ability of state to act has no jurisdiction over its person.
without external controls on the conduct of its
affairs. C. Diplomatic Immunity

Sovereignty is not absolute. It is subject to 1. Diplomatic immunity is a part of customary

limitations imposed by membership in the family international law which grants immunity to
of nations and limitations impose by treaty diplomatic representatives in order to uphold
stipulations. their dignity as representatives of their respective
states and to allow the free unhampered exercise
B. Sovereign Immunity of their functions. This involves political question.

1. Sovereign immunity is the result of Immunity is given to the United Nations, its
independence, territorial supremacy and equality. Organs, Specialized Agencies, other International
A state shall enjoy immunity from the exercise of Organizations and its Officers including official of
jurisdiction, either legislative, executive or World Health Organization.
judicial, by another state, with the exception that 2. The provision in a contract regarding the venue
the state has given its consent or in other words of lawsuits is not necessarily a waiver of
waived its immunity or submitted voluntarily sovereign immunity from suit. It should be
itself to the jurisdiction of the court concerned. interpreted to apply only where the foreign
country elects to sue in the Philippine courts or
2. Sovereign immunity is magnificently conveyed waives its immunity by subsequent acts.
in the Latin maxim, Par in parem non habet
imperium, which means, Among equals, there is 3. Diplomatic immunity if recognized and affirmed
no sovereign. by the Executive Department must be accepted
by the court.
3. Doctrine of Sovereign Immunity in International
Law E. By filing a complaint in the Philippines, a
foreign state waived its immunity from suit. It is
By the doctrine of sovereign immunity, a State, not right that it can sue in the courts but it cannot
its agents and property are immune from judicial be sued. The consent to be sued does not give
process of another state, except with its consent. consent to the attachment of the property of a
Thus, immunity may be waived and a state my sovereign government.
permit itself to be sued in the courts of another
state.

Sovereign immunity has developed in to two

schools of thought, namely, absolute immunity
and restrictive immunity. By absolute immunity,
all acts of a state are covered or protected by
immunity. On the other hand, restrictive immunity
makes a distinction between governmental or
sovereign acts (acta jure imperii) and non-
governmental, property or commercial acts (acta
jure gestiones). Only the first category of acts is
covered by sovereign immunity. The Philippines
adheres to the restrictive immunity school of
thought.

A state immunity extends only to acts jure imperii

or governmental acts and not acts jure gestiones
or private, commercial and proprietary acts.

4. Contracts entered into by the state are

classified into:

a. Acta jure imperii- governmental or sovereign

acts (covered by sovereign immunity)
b. Acta jure gestiones- non-governmental,
property or commercial acts (not covered with
sovereign immunity)
 5. Article 19- Meaning of Innocent Passage

i. Passage is innocent so long as it is not

prejudicial to the peace, good order or security of
the coastal state. Such passage shall take place
in conformity with this Convention and with other
rules of international law.

ii. Passage of a foreign ship shall be considered to

be prejudicial to the peace, good order or security
of the coastal state if in the territorial sea it
engages in any of the following activities:

a. any threat or use of force against the

sovereignty, territorial integrity or political
independence of the coastal state, or in any other
manner in violation of the principles of
international law embodied in the Charter of
United Nations;
b. any exercise or practice with weapons of any
kind;
c. any act aimed at collecting information to the
prejudice of the defence or security of the
coastal state;
d. any act of propaganda aimed at affecting the
UNITED NATIONS CONVENTION ON THE AW defence or security of the coastal state;
OF THE SEA (UNCLOS) e. launching, landing or taking on board of any
aircraft;
1. Article 2- Legal Status of the territorial sea, of f. launching, landing or taking on board of any
the air space over the territorial sea and of its sea military device;
bed and subsoil g. the loading or unloading of any commodity,
currency or person contrary to the customs,
i. The sovereignty of a coastal state extends fiscal, immigration or sanitary laws and
beyond its land territory and internal waters, and regulations of the coastal state;
in the case of archipelagic state, its archipelagic h. any act of wilful and serious pollution contrary
waters to an adjacent belt of sea described as the to this Convention;
territorial sea. i. any fishing activities;
j. the carrying out of survey or research activities;
ii. The sovereignty extends to the air space over k. any act aimed at interfering with any systems
the territorial sea as well as to its bed and of communication or any other facilities or
subsoil. installations of the coastal state;
i. any other activity not having a direct bearing
iii. The sovereignty over the territorial sea is on innocent passage.
exercised subject to this Convention and to the
other rules of international law. 6. Article 33- Contiguous Zone

2. Article 3- Breadth of territorial sea i. In a zone contiguous to its territorial sea,

described as the contiguous zone, the coastal
Every state has the right to establish the breadth state may exercise the control necessary to:
of its territorial sea up to a limit not exceeding 12
nautical miles measured from baselines a. prevent infringement of its customs, fiscal,
determined in accordance with this Convention. immigration or sanitary laws and regulations
within its territory or territorial sea;
The baseline is a line from which the breadth of b. punish infringement of the above laws and
the territorial sea and other maritime zones is regulations committed within its territory or
measured. territorial sea.

3. Article 14- Combination of methods for The contiguous zone may not extend beyond 24
determining baselines nautical lines from the baselines which the
breadth of territorial sea is measured.
The coastal state may determine baselines in turn
by any of the methods provided for in the The contiguous zone is a maritime zone adjacent
foregoing articles to suit different conditions. to the territorial sea where the coastal state may
exercise certain protective jurisdiction.
4. Article 18 (2)- Meaning of passage
ii. Contiguous Zone vs. The Exclusive Economic
Passage shall be continuous and expeditious. Zone
However, passage includes stopping and
anchoring but only insofar as the same are Contiguous zone is a zone contiguous to the
incidental to ordinary navigation or are rendered territorial sea and extends up to 12 nautical
necessary by force majeure or distress for the miles from the territorial sea (24 nautical miles
purpose of rendering assistance to persons, ships from the baselines) over which the coastal state
or aircraft in danger or distress. may exercise control necessary to prevent
infringement of its customs, fiscal, immigration or
sanitary laws and regulations within its territory 9. Article 57- Breadth of the exclusive economic
or territory or territorial sea. zone

The exclusive economic zone is a zone extending The exclusive economic zone shall not extend
up to 200 nautical miles from baselines of a state beyond 200 nautical miles from which the
over which the coastal state has sovereign rights breadth of territorial sea is measured.
for the purpose of exploring and exploiting,
conserving and managing the natural resources 10. Article 91- Nationality of ships
whether living or non-living of the waters
superjacent to the seabed and of the seabed and i. Every state shall fix the conditions for the grant
subsoil and with regard to other activities for the of its nationality to ships in its territory, and for
economic exploitation and exploration of the sea. the right to fly its flag. Ships have the nationality
of the state whose flag they are entitled to fly.
7. Article 45 (2)- Laws and regulations of states There must be a genuine link between the state
shall not discriminate in form or in fact among and the ship.
foreign ships or in their application have the
practical effect of denying, hampering or ii. Every state shall issue to ships to which it has
impairing the right of transit passage as defined granted the right to fly its flag documents to that
in this section. effect.

There shall be no suspension of innocent passage iii. Flag State and Flag of Convenience
through straits used for international navigation.
Flag state means a ship has the nationality of the
If the strait in question is not used for flag of the state it flies but there must be a
international passage, the suspension of innocent genuine link between the state and the ship.
passage should be published before it can take
effect. Flag of convenience refers to a state with which a
vessel is registered for various reasons such as
low or non-existent taxation or low operating
costs although the ship has no genuine link with
the state.

11. The UNCLOS has nothing to do with the

acquisition or loss of territory. It merely regulates
sea-use rights over maritime zones, contiguous
zones.
8. Article 56- Rights, jurisdiction and duties of the
coastal state in the exclusive economic zone 12. Article 194- Requires states to take all
measures necessary to ensure that activities
i. The exclusive economic zone is an area beyond under their jurisdiction or control are so
and adjacent to the territorial sea which shall not conducted as not to cause damage by pollution to
extend beyond 200 nautical miles from the other states and their environment.
baselines from which the territorial sea is
measured. The coastal state has in the exclusive
economic zone:

a. sovereign rights for the purpose of exploring

and exploiting, conserving and managing the
natural resources whether living or non-living of
the waters superjacent to the seabed and of the
seabed and subsoil, and with regard to other
activities for the economic exploitation and
exploration of the zone, such as the production of
energy from waters, currents and winds.;

b. jurisdiction as provided for in the relevant

provisions of this convention with regard to:
-the establishment and use of artificial islands,
installations and structures
-marine scientific research
-the protection and preservation of the marine
environment

c. other rights and duties provided for in this

convention.

ii. In exercising its rights and performing its duties

under this Convention in the exclusive economic
zone, the coastal state shall have due regard to
the rights and duties of other states and shall act
in a manner compatible with the provisions of this
Convention.
 iii. The members of the court shall continue to
discharge their duties until their places have
been filled. Though replaced, they shall finish any
cases which they may have begun.

iv. In the case of the resignation of a member of

the court, the resignation shall be addressed to
the President of the court for transmission to the
Secretary-General. This last notification makes
the place vacant.

3. Article 16

i. No member of the court may exercise any

political or administrative function, or engage in
any other occupation of a professional nature.

ii. Parties to a case may appoint agents to appear

before the ICJ in their behalf, and these agents
need not be their own nationals. However, no
member of the court may appear as agent in any
case.

4. Article 22- The seat of the court shall be

established at The Hague. This, however, shall
not prevent the court from sitting and exercising
its functions elsewhere whenever the court
considers it desirable.

5. Article 34

i. Only states may be parties in cases before the

court. Consent of the parties is needed to acquire
jurisdiction.

ii. The court, subject to and in conformity with its

Rules, may request of public international
organizations information relevant to cases
before it, and shall receive such information
presented by such organization on their own
initiative.

iii. Whenever the construction of the constituent

instrument of a public international organization
STATUTE OF THE INTERNATIONAL COURT OF or of an international convention adopted there
JUSTICE under is in question in a case before the court,
the Registrar shall so notify the public
1. Article 2- The court shall be composed of 15 international organization concerned and shall
members. communicate to it copies of all the written
proceedings.
The court shall be composed of a body of
independent judges, elected regardless of their 6. Article 36
nationality from among persons of high moral
character, who possess the qualifications required i. Jurisdiction of the court comprises all cases
in their respective countries for appointment to which the parties refer to it and all matters
the highest judicial offices or are juris consults of specially provided for in the Charter of the United
recognized competence in international law. Nations or in treaties and conventions in force.

2. Article 13 ii. In the event of a dispute as to whether the

court has jurisdiction, the matter shall be settled
i. The members of the court shall be elected for 9 by the decision of the court.
years and may be re-elected; provided, however,
that of the judges elected at the first election, the iii. The consent of the parties is needed for the
terms of 5 judges shall expire at the end of 3 court to acquire jurisdiction.
years and the terms of 5 more judges shall expire
at the end of 6 years. iv. The ICJ can acquire jurisdiction over the parties
only with their consent. The consent may be
ii. The judges whose terms are to expire at the expressed in 3 ways:
end of the above-mentioned initial period of 3
and 6 years shall be chosen by lot to be drawn by a. compromise in which states voluntarily submit
the Secretary-General immediately after the first to ICJ jurisdiction in relation to a specific dispute
election has been completed. b. compulsory jurisdiction under the optional
clause in which the state may in advance declare
that it will be the subject to ICJ jurisdiction in While states are the subject of law in
future disputes subject to reservation international responsibility under the jurisdiction
c. compromise clauses in multilateral treaties of the International Court of Justice, the criminal
wherein state-parties to a treaty undertake to liability within the jurisdiction of the International
resolve all disputes arising under that treaty Criminal Court pertains to individual natural
through the ICJ person.

7. Article 38

i. The court whose function is to decide in

accordance with international law such disputes
as are submitted to it shall apply the following
primary sources:

a. international conventions, whether general or

particular, establishing rules expressly recognized
by consenting states
b. international custom, as evidence of general
practice accepted as law
c. the general principles of law recognized by
civilized nations
d. subject to the provisions of Article 59, judicial
decisions and the teachings of the most highly
qualified publicists of the various nations, as
subsidiary means for the determination of rules of
law

ii. This provision shall not prejudice the power of

the court to decide a case ex aequo et bono, if
the parties agree thereto.

8. Article 39

i. The official language of the court shall be

French and English. If the parties agree that the
case shall be conducted in French, the judgment
shall be delivered in French. If the parties agree
that the case shall be conducted in English, the
judgment shall be delivered in English.

ii. In the absence of an agreement as to which

language shall be employed, each party may, in
the pleadings use the language that it prefers,
the decision of the court shall be given in French
and English. In this case, the court shall at the
same time determine which of the two texts as
authoritative.

iii. The court shall, at request of any party,

authorize a language other than French or English
to be used by that party.

9. Article 53

i. Whenever one of the parties do not appear

before the court, or fails to defend its case, the
other party may call upon the court to decide in
favour of its claim. However, the court must,
before doing so, satisfy itself it has jurisdiction
and that the claim is well-founded in fact and law.

10. Article 59- The decision of the court has no

binding force except between the parties and in
respect of that particular use.
11. International Court of Justice as compared to
International Criminal Court

The International Court of Justice handles

international responsibility pertaining to civil
liability while the International Criminal Court
handles international responsibility pertaining to
criminal liability.
 opinion juris sire necessitates. State practice
refers to the continuous repetition of the same or
similar kind of acts or norms by states. Opinio
juris requires that state practice or norms must
be carried out in such a way as to be evidence of
belief that is obligatory by the existence of a rule
of law requiring it.

The legal yardstick in determining whether usage

has become customary international law is
expressed in the maxim opinion juris sire
necessitates. It means that as an element in the
formation of customary norm in international law,
it is required that states in their conduct
amounting to general practice must act out of
sense of legal duty and not only by motivation of
courtesy, convenience or tradition. Not only must
the acts amount to a settled practice, but they
must also be such, or be carried out in such a
way as to be evidence of a belief that this
practice is rendered obligatory by the existence
of a rule requiring it.

2. Article 4-

i. Membership in the United Nations is open to all

other peace-loving states which accept the
obligations contained in the present Charter and
in the judgment of the Organization, are able and
willing to carry out these obligations. This
mandate does not only outlaw war; it
encompasses all threats of and acts of war or
violence short of war.

ii. The admission of any such state to

membership in the United Nations will be effected
by a decision of the General Assembly upon
recommendation of the Security Council.

iii. A state may use force against another state. It

is the Security Council who decides whether force
may be used against specific states and under
what conditions the force may be used.

No rule of international law gives a state resorting

to war allegedly in self-defence the right to
determine with a legally conclusive effect of such
action. It is subject to investigation and
adjudication.

3. Article 42- Should the Security Council consider

that the measures provided for in Article 41
would be inadequate or would have proved to be
inadequate, it may take such action by air, sea or
land forces as may be necessary to maintain or
restore international peace and security. Such
action may include demonstrations, blockade and
other operations by air, sea, or land forces of
Members of the United Nations.
CHARTER OF THE UNITED NATIONS
This article permits the use of force if sanctioned
1. Article 2(4) by the Security Council.

All members shall refrain in their international

relations from the threat or use of force against
the territorial integrity or political independence
of any state, or in any other manner inconsistent
with the purposes of the United Nations. 4. Article 43- All members of the United Nations,
in order to contribute to the maintenance of
This is known as principle in customary international peace and security, undertake to
international law- non-use of force. make available to the Security Council, on its call
and in accordance with special agreement or
To establish customary international law, two agreements, armed forces, assistance and
elements must concur: general practice and facilities, including the right of passage necessary
for the purpose of attaining international peace
and security.

Such agreement or agreements shall govern the

numbers and types of forces, their degree of
readiness and general location, and the nature of
the facilities and assistance to be provided.

The agreement or agreements shall be

negotiated as soon as possible on the initiative of
the Security Council. They shall be concluded
between the Security Council and the Members or
between the Security Council and groups of
Members and shall be subject to ratification by
the signatory states in accordance with their
respective constitutional processes.

5. Article 51- Nothing in the present Charter shall

impair the inherent right of individual or collective
self-defence if an armed attack occurs against a
Member of the United Nations, until the Security
Council has taken measures necessary to
maintain international peace and security.
Measures taken by Members in the exercise of
this right of self-defence shall be immediately
reported to the Security Council and shall not in
any way affect the authority and responsibility of
the Security Council under the present Charter to
take at any time such action as it deems
necessary in order to maintain or restore
international peace and security.

This is known as the principle of anticipatory

defence.

A state may exercise the right of self-defence

until the Security Council has taken measure
necessary to maintain international peace and
security. Self-defence allows a state to use force
against another state.

Self-defence is an act of state by reason of an

armed attack by another state. The acts of
terrorism done by a private group cannot be
attributed to the state. Article 51 contemplates a
response to a legitimate armed attack by a state
against another state.

6. Article 53- The Security Council shall, where

appropriate, utilize such regional arrangements or
agencies for enforcement action under its
authority, but no enforcement action shall be
taken under regional arrangements or by regional
agencies without authorization of the Security
Council, with the exception of measures against
any enemy state, as defined in paragraph 2 of
this article, provided for pursuant to Article 107 or
in regional arrangements directed against
renewal of aggressive policy on the part of any
such state, until such time as the Organization
may, on request of the government concerned,
be charged with the responsibility for preventing
further aggression by such a state.

The term enemy state as used in paragraph 1 of

this article applies to any state which during the
second world war has been an enemy of the
present Charter.

7. Article 103- The obligations of the member

states prevail over any other international
agreements.
 i. Consular officers shall not be liable to arrest or
detention pending trial, except in the case of a
grave crime and pursuant to a decision by the
competent judicial authority.

ii. Except in the case specified in paragraph 1 of

this Article, consular officers shall not be
committed to prison or liable to any other form of
restriction on their personal freedom save in
execution of a judicial decision of final effect.

iii. If criminal proceedings are instituted against a

consular officer, he must appear before the
competent authorities. Nevertheless, the
proceedings shall be conducted with the respect
due to him by reason of his official position and
except in the case specified in paragraph 1 of this
Article, in a manner which will hamper the
exercise of consular functions as little as possible.
When, in the circumstances mentioned in
paragraph 1 of this Article, it has become
necessary to detain a consular officer, the
proceedings against him shall be instituted with
minimum of delay.

A consul is not immune from criminal

prosecution/ jurisdiction of the receiving state.

2. Article 43- Immunity from Jurisdiction

i. Consular officers and consular employees shall

not be amenable to the jurisdiction of the judicial
or administrative authorities of the receiving
state in respect of acts performed in the exercise
of consular functions.

ii. The provisions of paragraph 1 of this Article

shall not however apply in respect of civil action
either:

a. arising out of a contract concluded by a

consular officer or a consular employee in which
he did not contract expressly or impliedly as an
agent of the sending state; or
b. by a third party for damage arising from an
accident in the receiving state caused by a
vehicle, vessel or aircraft.

VIENNA CONVENTION ON CONSULAR

RELATIONS

1. Article 41
 1. Article 3- The functions of a diplomatic mission,
consist inter alia, in:

a. representing the sending state in the receiving

state.

A diplomatic agent has no immunity in case of a

real action relating to private immovable property
situated in the territory of the receiving state,
unless he holds it on behalf of the sending state
for purposes of the mission.

2. Article 9-

i. The receiving state may at any time and

without having to explain its decision, notify the
sending state that the head of the mission or any
member of the diplomatic staff of the mission is
persona non grata or that any other member of
the staff is not acceptable in any such case, the
sending state shall, as appropriate, either recall
the person concerned or terminate his functions
with the mission. A person may be declared non
grata or not acceptable before arriving in the
territory of the receiving state.

ii. If the sending state refuses or fails within a

reasonable time to carry out is obligations under
paragraph 1 of this article, the receiving state
may refuse to recognize the person concerned as
a member of the mission.

The remedy is to declare the high ranking officials

and rank-and-file employees persona non grata
and ask them to leave.

3. Article 29- The person of a diplomatic agent

shall be inviolable. He shall not be liable to any
form of arrest or detention. The receiving state
shall treat him with due respect and shall take all
appropriate steps to prevent any attack on his
person, freedom or dignity.

4. Article 30

i. The private residence of a diplomatic agent

shall enjoy the same inviolability and protection
as the premises of the mission.

ii. His papers, correspondence and except as

provided in paragraph 3 of Article 31, his property
shall likewise enjoy inviolability.

5. Article 31

i. A diplomatic agent shall enjoy immunity from

the criminal jurisdiction of the receiving state. He
shall enjoy immunity from its civil and
administrative jurisdiction, except in the case of:

a. A real action relating to private immovable

property situated in the territory of the receiving
state, unless he holds it on behalf of the sending
state for the purposes of the mission;
b. An action relating to succession in which the
diplomatic agent is involved as executor,
administrator, heir or legatee as a private person
and not on behalf of the sending state.
c. An action relating to any professional or
commercial activity exercised by the diplomatic
agent in the receiving state outside his official
VIENNA CONVENTION ON DIPLOMATIC functions.
RELATIONS
 iii. Members of the service staff of the mission
ii. A diplomatic agent is not obliged to give who are not nationals of or permanent residents
evidence as a witness. in the receiving state shall enjoy immunity in
respect of acts performed in the course of their
iii. No measures of execution may be taken in duties, exemption from dues and taxes on
respect of a diplomatic agent except in cases emoluments they receive by reason of their
coming under subparagraphs a, b, and c of employment and the exemption contained in
paragraph 1 of this article, and provided that the article 33.
measures concerned can be taken without
infringing the inviolability of his person or iv. Private servants of members of the mission
residence. shall, if they are not nationals of or permanent
residents of the receiving state, be exempt from
iv. The immunity of a diplomatic agent from the dues and taxes on the emoluments they receive
jurisdiction of the state does not exempt him from by reason of their employment. In other respects,
the jurisdiction of the sending state. they may enjoy privileges and immunities only to
the extent admitted by the receiving state.
v. As a secretary, a diplomatic agent enjoys However, the receiving state must exercise
immunity from the criminal jurisdiction of the jurisdiction over those persons in such a manner
receiving state. as not to interfere unduly with the performance of
the functions of the mission.
An ambassador cannot invoke diplomatic
immunity to a state that his not his receiving 8. Article 40
state.
i. If a diplomatic agent passes through or is in the
A diplomatic agent enjoys immunity from criminal territory of a third state, which has granted him a
jurisdiction. The immunity may cover high- passport visa if such visa was necessary, while
ranking officials and with respect to rank-and-file proceeding to take up or to return to his post, the
employees they are covered by the immunity, third state shall accord him inviolability and such
provided they are not nationals or residents of other immunities as may be required to ensure
the Philippines pursuant to Article 37(2). his transit or return. The same shall apply in the
case of any members of his family enjoying
6. Article 32- privileges or immunities who are accompanying
the diplomatic agent, or travelling separately to
i. The immunity from jurisdiction of diplomatic join him or to return to their country.
agents and of persons enjoying immunity under
Article 37 may be waived by the sending state. ii. In circumstances similar to those specified in
paragraph 1 of this article, third states shall not
ii. The waiver must always be express. hinder the passage of members of the
administrative and technical or service staff of a
iii. The initiation of proceedings by a diplomatic mission, and of members of their families,
agent or by a person enjoying immunity under through their territories.
Article 37 shall preclude him from invoking
immunity from jurisdiction in respect of any iii. Third states shall accord to official
counterclaim directly connected with the principal correspondence and other official
claim. communications in transit, including messages in
code or cipher, the same freedom and protection
iv. Waiver of immunity from jurisdiction in respect as is accorded by the receiving state. They shall
of civil or administrative proceedings shall not be accord to diplomatic couriers, who have been
held to imply waiver of immunity in respect of the granted a passport visa if such visa was
execution of the judgment, for which a separate necessary, and diplomatic bags in transit the
waiver shall be necessary. same inviolability and protection as the receiving
state is bound to accord.
7. Article 37
iv. The obligations of third states under
i. Members of the family of a diplomatic agent paragraphs 1, 2 and 3 of this article shall also
forming part of his household shall, if they are not apply to persons mentioned respectively in those
nationals of the receiving state, enjoy the paragraphs, and to official communications and
privileges and immunities specified in articles 29- diplomatic bags whose presence in the territory
36. of the third state is due to force majeure.

ii. Members of the administrative and technical

staff mission, together with members of their
family forming part of their respective households
shall, if they are not nationals of or permanent
resident in the receiving state, enjoy the
privileges and immunities specified in articles 29
to 35, except that the immunity from civil and
administrative jurisdiction of the receiving state
specified in paragraph 1 of article 31 shall not
extend to acts performed outside the course of
their duties. They shall also enjoy the privileges
specified in article 36, paragraph 1, in respect of
articles imported at the time of their installation.
VIENNA CONVENTION ON THE LAW OF
TREATIES

1. Article 2- Use of terms

For the purpose of the present Convention:

A treaty means an in international agreement

concluded between states in written form and
governed by international law, whether embodied
in a single instrument or in two or more related
instruments and whatever its particular
designation.

Whatever may be the designation of a written

agreement between states, whether it is
indicated as a treaty, convention or executive
agreement, is not legally significant. Still, it is a
treaty and governed by the international law on
treaties.

2. Article 54- a treaty may be terminated at any

time by consent of all the parties.

3. A treaty may violate international law if it

conflicts with a peremptory norm or jus cogens of
international law. Jus cogens norm is defined as a
norm of general international law accepted and
recognized by the international community of
states as a whole as a norm from which no
derogation is permitted and which can be
modified only by a subsequent norm of general
international law having the same character.

Article 53 provides that a treaty is void if at the

time of its conclusion it conflicts with jus cogens
norms. Moreover, under article 54, if a new
peremptory norm emerges, any existing treaty
which is in conflict with that norm becomes void
and terminates.

4. Article 67- The termination must be an

instrument communicated to the other party
signed by the head of the state or of government
or by the Minister of Foreign Affairs.
THE COVENANT ON CIVIL AND POLITICAL
RIGHTS

1. Article 2- General comment on its

implementation

i. Each state party to the present covenant

undertakes to respect and to ensure all
individuals within its territory and subject to its
jurisdiction the rights recognized in the present
Covenant, without distinction of any kind such as
race, colour, sex, language, religion, political or
other opinion, national or social origin, property,
birth or other status.

ii. Where not already provided for by existing

legislative or other measures, each state party to
the present covenant undertakes to take the
necessary steps, in accordance with its
constitutional processes, and with the provisions
of the present covenant, to adopt such laws and
other measures as may be necessary to give
effect to the rights recognized in the present
covenant.

iii. Each state party to the present covenant

undertakes:

a. To ensure that any person whose rights or

freedoms as herein recognized are violated shall
have an effective remedy, notwithstanding that
the violation has been committed by persons
acting in official capacity;
b. To ensure that any person claiming such a
remedy shall have his right thereto determined
by competent judicial, administrative or
legislative authorities, or by any other competent
authority provided for by the legal system of the
state, and to develop the possibilities of judicial
remedy;
c. To ensure that the competent authorities shall
enforce such remedies when granted.

2. Article 7- No one shall be subjected to torture

or to cruel, inhuman or degrading treatment or
punishment.
GENEVA CONVENTION RELATIVE TO THE
TREATMENT OF PRISONERS OF WAR

1. Article 4-

A. Prisoner of war, in the sense of the present

Convention, are persons belonging to one of the
following categories, who have fallen into the
power of the enemy:

i. Members of the armed forces of a party to the

conflict as well as members of militias or
voluntary corps forming part of such armed
forces.

ii. Member of other militias and members of other

volunteer corps, including those of organized
resistance movements, belonging to a party to a
conflict and operating in or outside their territory,
even if this territory is occupied, provided that
such militias or volunteer corps, including such
organized resistance movements, fulfil the
following conditions:

a. That of being commanded by a person

responsible for his subordinates;
b. That of having a fixed distinctive sign
recognizable at a distance;
c. That of carrying arms openly;
d. That of conducting their operations in
accordance with the laws and customs of war.

iii. Members of the armed forces who profess

allegiance to a government or an authority not
recognized by the Detaining Power.

iv. Persons who accompany the armed forces

without actually being members thereof, such as
civilian members of military aircraft, crews, war
correspondence, supply contractors, members of
labour units or of services responsible for the
welfare of the armed forces, provided that they
have received authorization from the armed
forces which they accompany, who shall provide
them for that purpose with an identity card
similar to the annexed model.

v. Members of crews, including masters, pilots

and apprentices, of the merchant marine and the
crews of civil aircraft of the parties to the conflict,
who do not benefit by more favourable treatment
under any other provisions of international law.

vi. Inhabitants of a non-occupied territory, who on

the approach of the enemy spontaneously take
up arms to resist the invading forces, without
having had time to form themselves into regular
armed units, provided they carry arms openly and
respect the laws and customs of war.
B. The following shall likewise be treated as
prisoners of war under the present Convention:

i. Persons belonging to having belonged to the

armed forces of the occupied country if the STATELESS PERSONS
occupying power considers ii necessary by reason
of such allegiance to intern (incarcerate) them, 1. Stateless persons means the status of having
even thought it has originally liberated them no nationality as a consequence of being born
while hostilities were going on outside the without any nationality or the deprivation or loss
territory it occupies, in particular where such of one.
persons have made an unsuccessful attempt to
rejoin the armed forces to which they belong and Stateless persons are those who are not
which are engaged in combat, or where they fail considered as nationals by any state under the
to comply with summons made to them with a operation of its laws.
view to internment.
2. Consequences:
ii. The persons belonging to one of the categories
enumerated in the present article who have been a. No state can intervene in behalf of a stateless
received by neutral or non-belligerent powers on person for any delinquency committed by
their territory and whom these powers are another state in inflicting injury upon him.
required to intern under international law, without b. He cannot be expelled by the state if he is
prejudice to any more favourable treatment lawfully within its territory except on grounds of
which these powers may choose to give and with national territory or public order.
the exception of articles 8, 10, 15, 30, fifth c. He cannot avail himself of the protection and
paragraph, 58-67, 92, 126 and where diplomatic benefits of citizenship like securing for himself a
relations exist between the parties to the conflict passport or visa and personal documents.
and the neutral and non-belligerent power
concerned, those articles concerning the 3. Protection of stateless persons
protecting power. Where such a diplomatic
relations exist, the parties to a conflict on whom Article 7- Contracting states shall accord to
these persons depend shall be allowed to perform stateless persons the same treatment as is
towards them the functions of a protecting power accorded to aliens generally.
as provided in the present convention, without
prejudice to the functions which these parties Article 8- No exceptional measures to be taken
normally exercise in conformity with diplomatic against stateless persons in a contracting state
and consular usage and treaties. because of their former nationality.

C. This article shall in no way affect the status of Article 9- Provisional measures affecting stateless
medical personnel and chaplains as provided for persons may be taken in time of war or grave
in article 33 of the present convention. emergency where national security is at issue.

2. A mercenary shall not have the right to be a Article 10- Forcible removal of a stateless person
combatant or a prisoner of war. They are from territory of a contracting state due to
mercenaries because they were neither nationals second world war to count as residence in that
of a party to the conflict nor residents of territory territory.
controlled by a party to the conflict. They are not
members of the armed forces of a party to the Article 11- Admonition of states to show
conflict, and they were not sent by a state which sympathy to stateless seaman regularly engaged
is not a party to the conflict on official duty as on ships of that states flag.
members of its armed forces.
Article 12- Personal status (e.g. marital status) of
a stateless person to be governed by the law of
his/ her domicile ahead of the law of his/her
residence.

Article 13- Rights to property to be no less than

accorded to aliens generally
Article 14- Intellectual property rights to be no
less than accorded by a contracting state to its
own nationals

Article 15- Right of association to be no less than

accorded by each contracting state to aliens
generally

Article 16- Stateless persons not to be

discriminated against in providing security for
costs and eventual penalty or otherwise known
by contracting states

Articles 17-19- Stateless persons to be treated at

least as favourably as aliens generally with
regard to participation in wage-earning
employment

Articles 20-23- Stateless persons to be treated no

less favourably than nationals with respect to
rationing, housing, public education and public
relief

Article 24- Extension of articles 20-23 to labor

legislation and social security

Article 27- Upon request, contracting states shall

issue travel identity documents to stateless THE PRINCIPLE OF EXTRADITION
persons within their territory
1. Extradition is an act or process by which a
Article 29- No discrimination against stateless state, in compliance with a formal demand or
persons in fiscal charges request, surrenders to another state an alleged
offender or fugitive criminal who has sought
Article 30- Stateless persons to be permitted to refuge in the territory of the first state in order to
transfer their assets to the place of their stand trial or complete his prison term.
resettlement
It means the surrender of a person by one state
Article 31- Stateless persons not to be expelled to another state where he is wanted for
except on grounds of national security or public prosecution, or if already convicted, for
order punishment.

4. Measures to prevent statelessness 2. Political offenses are not extraditable. Except

when there is an attendant clause where the
a. Convention on the Conflict of Nationality Laws taking of a life or attempt against the life of a
of 1930 where the contracting party agreed to head of state or that the members of the family
accord nationality to persons born within their does not constitute a political offense.
territory who would otherwise be stateless.
3. Double or dual criminality- the crime must be
b. Convention on the Reduction of Stateless of punishable in both the requesting and requested
1961 where it provides that if the law of the states to make it extraditable.
contracting states results in the loss of nationality
as a consequence of marriage or termination of 4. Extradition- Principle of Specialty- extradition
marriage, such loss must be conditional upon may happen only on the extraditable crimes that
possession or acquisition of another nationality. are agreed between the parties.

Under the same convention, a contracting state 5. Extradition in relation to ex-post facto laws- the
shall grant its nationality to a person born in its prohibition against se post facto laws in Section
territory who would otherwise be stateless and a 22 of Article III of the 1987 Constitution applies to
contracting state may not deprive a person or penal laws only and does not apply to extradition
group of persons of their nationality for racial, laws.
ethnic or political backgrounds.
6. Extradition is an act of surrendering a fugitive
by one state to another state where he is wanted
for prosecution or if already convicted, for
punishment.

Deportation is an act of expulsion of an alien who

is considered undesirable by a local state but not
necessarily his own state.

Extradition is effected for the benefit of the state

to which the person being extradited will be
surrendered because he is a fugitive criminal in
that state, while deportation is effected for the
protection of the state expelling an alien because
his presence is not conducive to the public good.

Extradition is effected on the basis of an

extradition treaty or upon the request of another
state, while deportation is the unilateral act of the
state expelling an alien.

In extradition, the alien will be surrendered to the

state asking for his extradition, while in
deportation he undesirable alien may be sent to
any state willing to accept him.

7. An extradition treaty applies to crimes

committed before its effectivity unless the
extradition treaty expressly exempts them.
Extradition does not define crimes but merely a
means by which a state may obtain the return
and punishment of persons charged with or
convicted of having committed a crime who fled
the jurisdiction of the state whose law has been
violated. It is immaterial whether at the time of
the commission of the crime for which extradition
is sought no treaty was in existence. If at the time
the extradition is requested there is in force
between the requesting and the requested states
treaty covering the offense on which the request
is based, the treaty is applicable.

DEFINITION OF TERMS

1. Concept of Association in International Law

i. An association is formed when two states of

unequal power voluntarily establish durable links.
In the basic model, one state, the associate,
delegates certain responsibilities to the other, the
principal, while maintaining its international
status as a state.

ii. An association is formed when two states of

unequal power voluntarily establish durable links.
In the basic model, one state, the associate,
delegates certain responsibilities to the other, the
principal, while maintaining its international
status as a state. The associated state
arrangement has usually been used as a
transitional device of former colonies on their way
to independence.

Association, under international law, is a formal

arrangement between a non-self-governing
territory and an independent state whereby such
territory becomes an associated state with
internal self-government, but the independent
state is responsible to foreign relations and
defence.

For an association to be lawful, it must comply

with the general conditions:

a. The population must consent to the

association.
b. The association must promote the
development and well-being of the dependent
state (non-self-governing state).

2. Principle of Double Criminality

i. It is a rule in extradition which states that for a

request to be honoured, the crime for which the
act of extradition is requested must be a crime of
both the requesting state and the state on which The relatively shallow (up to 200 meters) seabed
the runaway fled. surrounding a continent

ii. Under the principle of double criminality, The continental shelf of a coastal state comprises
extradition is available when the act is an offense the sea-bed and subsoil of the submarine areas
in both countries. Double criminality is intended that extend beyond its territorial sea throughout
to ensure each state that it can rely on reciprocal the natural prolongation of its land territory to the
treatment and that no state will use its processes outer edge of the continental margin , or to a
to surrender a person for conduct which it does distance of 200 nautical miles from the baselines
not characterize as criminal. The requirement of from which the breadth of the territorial sea is
double criminality is satisfied even if the act was measured where the outer edge of the
not criminal in the requested state at the time of continental shelf does not extend up to that
its occurrence, if it was criminal at the time the distance.
request was made.
8. Jus Congens
3. Principle of Personality of Suits
It is a peremptory norm of general international
The state may represent the individual claims of law accepted by the international community as a
its nationals against another state. whole as a norm from which no derogation is
permitted and which can be modified by a
The sovereign authority of a state to settle claims subsequent norm of general international law
of its nationals against foreign countries even having the same character.
without the consent of the nationals or even
without consultation with them is recognized. The 9. Pacta Sunt Servanda
settlement of such claims may be made by an
executive agreement. It means that treaties between parties must be
observed in good faith.
4. Recognition of Belligerency
10. Reprisal
It is a formal acknowledgment by a third party of
the existence of a state of war between the A retaliatory action against an enemy in war time
central government and a portion of that state.
Reprisal is a coercive measure short of war,
Belligerency exists when a sizeable portion of the directed by a state against another, in retaliation
territory of a state is under the effective control for acts of the latter and as a means of obtaining
of an insurgent community which is seeking to reparation or satisfaction for such acts. Reprisal
establish a separate government and the involves retaliatory acts which by themselves
insurgents are in de facto control of a portion of would be illegal.
the territory and population, have a political
organization, are able to maintain such control,
and conduct themselves according to the laws of
war.

5. Recognition of States 11. Retorsion

i. Constitutive Theory It is merely a retaliation for discourteous, unkind,

unfair or unfriendly acts of the same or similar
Recognition is the last indispensable element that kind.
converts the state into an international person.
It is an act perpetrated by one nation upon
ii. Declaratory Theory another in retaliation or reprisal of a similar act
perpetrated by the other nation.
Recognition is merely an acknowledgment of pre-
existing fact that the state being recognized is an It is a legal but deliberately unfriendly act
international person. In other words, the directed by a state against another in retaliation
recognized state already exists and can exist for an unfriendly though legal act to compel the
even without such recognition. state to alter its unfriendly act.

6. Protective Personality Principle 12. Exequator

It is the principle where the state exercises It is the authorization given to the consul by the
jurisdiction over acts of an alien even if sovereign of the sovereign of the receiving state
committed outside its territory, if such acts are allowing him to exercise his function within the
adverse to the interest of the national state. territory.

RA 9732, The Human Security Act provides for 13. Tobar/ Wilson Doctrines
extraterritorial application although physically
outside the territorial limits of the Philippines, This precluded recognition of any government
commit, conspire to commit any of the crimes established by revolutionary means until a
defined and punished in this act (Terrorism). constitutional organization by free election of
representatives.
7. Continental Shelf
14. Estrada Doctrine
In state dealings, the recognition of a state
means the approval of the government i. The territorial principle provides that crimes
established through political upheaval and committed within the states territorial
likewise the non-recognition of the government boundaries and persons within that territory,
results to its disapproval. In this doctrine, it shows either permanent or temporary, are subject to the
that the other states may not issue a declaration application of local law.
but who merely accepts whatever government is
in effective control without raising the issue on ii. Crimes committed in a foreign embassy in the
recognition. Hence, the act of dealing or not with Philippines are still subject to Philippine criminal
a government does not manifest judgment upon laws as foreign embassies are still within
the legitimacy of the said government. Philippine territory.

14. Principle of Independence and Equality of 20. Universality Principle

States
It confers upon all states the right to exercise
A foreign state may not be sued before the jurisdiction over all delicta juris gentium or
Philippine courts as a consequence of the international crimes.
principles and independence and equality of
states. 21. State Responsibility

15. Mandates and Trust Territories The principles governing when and how a state is
held responsible consisting of an act or omission
The Mandates were the overseas possessions of that is:
the defeated states of Germany and Turkey which
were placed by the League of Nations under the i. attributable to the state under international
administration of mandatories to promote their law;
development and ultimate independence. ii. constitutes a breach of international obligation
of the state.
But when the United Nations replaced the League
of Nations, the system of Mandates was replaced There is no state responsibility if the wrongful act
by the System of Trust Territories. is an act of a private individual and not an organ
of the state exercising any function. The remedies
16. Auto-Limitation Principle available to families of victims for wrongful acts
which are not considered as responsibility of the
i. The principle of auto-limitation means that a state is to exhaust legal remedies available in the
state may by its express or implied consent country where the wrongful act is done.
submits to a restriction of its sovereign rights.
There may thus be a curtailment of what 23. Hard Law vs. Soft Law
otherwise is a power plenary in character.
Hard law is used to designate a norm or rule of
ii. Where any state may by its consent, express or conduct accepted and recognized by the
implied, submit to the restriction of its sovereign international community of states as a whole as a
rights. source of law binding on them. Hard law produces
obligations which when breached gives rise to
international responsibility and consequently to
reparation.

Soft law has no binding force and pertains to a

statement or declaration of principles with moral
force on the conduct of states but no normative
17. Reciprocity Principle character and without intent to create an
enforceable obligation. In the development of
By reciprocity, states grant to one another rights international law, a number of soft law principles
or concessions, in exchange for identical or or declarations have become the basis of norm-
comparable duties, thus acquiring a right as an creation in treaty-making and in general practice
extension of its sovereignty and at the same time of states in customary norm-formation.
accepting an obligation as a limitation to its
sovereign will, hence a complementation of Soft law is an expression of non-binding norms,
reciprocity and auto-limitation. principles and practices that influence state
behaviour.
18. De Facto vs. De Jure Recognition
Hard law involves binding rules of international
i. De facto recognition is provisional while de jure law.
recognition is relatively permanent.

ii. De facto recognition does not vest title in the 24. Innocent Passage
government to its properties abroad while de jure
recognition does. It means the right of continuous and expeditious
navigation of a foreign ship through the territorial
Iii De facto recognition is limited to certain sea of a state for the purpose of traversing that
juridical relations while de jure recognition brings sea without entering the internal waters or calling
about full diplomatic relations. at a roadstead or port facility. The passage is
innocent as long as it is not prejudicial to the
19. Territorial Principle peace, good order or security of the coastal.
25. Neutralized State

Whether simple or composite, a state is said to

be neutralized where its independence and
integrity are guaranteed by an international
convention on the condition that such state
obligates itself never to take up arms against any
other state, except for self-defence, or enter into
such international obligations as would indirectly
involve it in war. A state seeks neutralization
where it is weak and does not wish to take an
active part in international politics. The power
that guarantees its neutralization may be
motivated either by balance of power
considerations or by the desire to make the weak
state a buffer between the territories of great
power.

26. Neutrality vs. Neutralization

Neutrality obtains only during war while

neutralization is a condition that applies in peace
or in war.

Neutralization is a status created by means of

treaty while neutrality is a status created under
international law by means of stand on the part of
a state not to side with any parties at war.

Neutrality is brought about by a unilateral

declaration by the neutral state while
neutralization cannot be effected by unilateral act
but must be recognized by other states.

26. Genocide

Genocide refers to any of the following acts,

whether committed in time of war or peace, with
intent to destroy in whole or in part national,
ethnic, racial or religious group:

a. killing members of a group

b. causing bodily or mental harm to its member
c. deliberately inflicting on the group conditions
of life calculated to bring about its physical
destruction in whole or in part
d. imposing measures to prevent births within the
group
e. forcibly transforming children of the group to
another group.