Lecture Notes on Public International Law and Philippine Political Law

Introduction

• Speaker: Dean Ralph A. Sermiento
• Topic: Frequently Asked Topics in Public International Law
• Thanks to Rex Education and the Philippine Association of Law Schools (PALS)

Credentials of Dean Ralph A. Sermiento

• Bachelor of Arts in Political Science
• Outstanding Student Award, University of Negros Occidental Recoletos
• Rotary Foundation International Group Study Exchange Scholar to Sweden
• Fulbright Institute Fellow, Temple University, Philadelphia, PA, USA
• Swiss IFF Scholar, Freiburg University, Switzerland
• Resource Speaker, 2010 ASEAN Regional Forum, Brussels, Belgium
• Achievements: 10th place, 1997 Bar Examination; Thomas Moore Award, 2015; Address Memorial Fund Award, 2023
• Authored books on public international law and bar exam techniques
• Executive Director, University of Saint La Salle Law Center (1998-2010)
• Dean, University of Saint La Salle College of Law, Bacolod City

Key Topics Discussed

Article 1 of the 1987 Constitution

• National Territory
  • Comprises the Philippine archipelago, its waters, and territory under Philippine jurisdiction.
  • Importance:
    • Territorial integrity
    • Basis for legal proceedings and law enforcement
    • Foundation for international relations and diplomatic interactions

Archipelagic Doctrine

• Definition: Treats the archipelago and enclosed waters as a single entity.
• Legal Basis:
  • Article 1 of the 1987 Constitution
  • Republic Act No. 9522 (Philippine Archipelagic Baselines Law)
  • Recognized under UNCLOS (United Nations Convention on the Law of the Sea)
• Implications:
  • Sovereignty over maritime areas, crucial for resource management

Doctrine of State Immunity

• Definition: The state cannot be sued without its consent.
• Basis: Article 16, Section 3 of the 1987 Constitution.
• Purpose:
  • Protects state resources
  • Promotes effective governance
  • Fosters diplomatic relations
• Exceptions: States can waive immunity through express or implied consent.

Incorporation Clause (Article 2, Section 2)

• Definition: Adopts generally accepted principles of international law as part of Philippine law.
• Nature: Restrictive (only covers universally accepted principles) and automatic (no further action needed for incorporation).

Separation of Powers

• Definition: Distributes government functions among the executive, legislative, and judiciary.
• Importance: Prevents disproportionate power and ensures checks and balances.

Checks and Balances

• Definition: Mechanisms to ensure that no single branch of government dominates.
• Examples: Veto power, impeachment powers, budgetary control, judicial review.

Police Power

• Definition: The state's inherent power to enact laws for general welfare and public safety.
• Requisites: Lawful subject and means reasonably necessary.

Eminent Domain

• Definition: The government's right to expropriate private property for public use with just compensation.
• Key Elements:
  • Taking must be for public use.
  • Necessity and due process must be observed.

Equal Protection Clause

• Importance: Protects individuals from arbitrary government actions and discrimination.
• Tests for Review:
  • Rational Basis Test: For economic and social regulations.
  • Intermediate Scrutiny: For gender-related laws.
  • Strict Scrutiny: For race, ethnicity, and fundamental rights.

Freedom of Expression

• Protection: Includes speech, press, assembly, and petitioning the government.
• Aspects:
  • Freedom from prior restraint and subsequent punishment.

Important Legal Concepts

• Marketplace of Ideas: Truth emerges from competition of ideas.
• Clear and Present Danger Test: Determines when speech can be limited for public safety.
• Content-Based vs. Content Neutral Regulations: Different standards for evaluating restrictions on speech.

International Law Sources (Article 38, ICJ Statute)

1. International Conventions/Treaties
2. International Customs
3. General Principles of Law
4. Judicial Decisions and Academic Writings (subsidiary means)

Conflict Between International and Domestic Law

• Monist vs. Dualist Systems: Monist views international law as automatically incorporated; dualist requires transformation into domestic law.
• Lex Posterior Rule: Later laws will prevail over earlier laws.

Diplomatic and Consular Immunity

• Diplomatic Immunity: Full immunity from criminal jurisdiction.
• Consular Immunity: Limited immunity; must appear for criminal proceedings.

Questions and Answers

• Q: Presidential immunity and prescription: The period of prescription is suspended while the president is immune from suit.
• Q: Legislative power of the president regarding appropriation: The president cannot transfer budget items; must adhere to appropriations law.

Conclusion

• Use remaining study time effectively for bar exam preparation.
• Encouragement from Dean Sermiento to actively engage in study and preparation.