PIL Finals

Question 1

Right of Legation

Answer 1

AKA right of diplomatic intercourse is the right of the state to send and receive diplomatic missions which enables States to carry on friendly intercourse. Exists only by common consent.

No legal liability is incurred by the state for refusing to send or receive diplomatic representatives

Question 2

Is the exchange of diplomats mandatory under the VCDR?

Answer 2

No. It is discretionary on the part of the States. It is political in nature.

Question 3

Functions and duties of diplomatic missions

Answer 3

1. Representing the sending state in the receiving state.
2. Protecting in the receiving state the interests of the sending state and its Nationals, within the limits allowed by international law
3. Negotiating with the government of the receiving state
4. Ascertaining, by all lawful means, the conditions and development in receiving state and reporting these to the sending state
5. Promoting friendly relations between the RS and SS and developing their ECS relations

Question 4

Diplomatic Immunities and Privileges

Answer 4

1. Personal Inviolability
2. Inviolability of premises and archives
3. Right to official communication
4. Immunity from local jurisdiction
5. Exemption from taxes and custom duties

Question 5

Personal Inviolability

Answer 5

The person of the diplomatic representative shall be inviolable; he shall not be liable to to any form of arrest or detention

Question 6

Inviolability of premises and archives

Answer 6

The premises occupied by a diplomatic mission, the private residence of the diplomatic agent and all conduct done therein are considered within the territory of the receiving state

Question 7

Right to official communication

Answer 7

The right of an envoy to communicate with his government fully and freely is universally recognized

Question 8

Immunity from local jurisdiction

Answer 8

A diplomatic agent shall enjoy immunity from criminal jurisdiction of the receiving state. He cannot be arrested prosecuted and punished for any offense he may commit.

Question 9

Consuls

Answer 9

State agents residing abroad for various purposes but mainly in the interest of commerce, navigations and issuances of visas

Question 10

Kinds of consuls

Answer 10

Consules Missi - professional and career consuls and are nationals of the appointing state

Consules electi - selected by the appointing state from either its own citizens or from among nationals abroad

Question 11

Immunities and privileges of consuls

Answer 11

1. Freedom of communication in cipher or otherwise
2. Inviolability or Archives (NOT PREMISES)
   3, Exemption from local jurisdiction for offenses committed in the discharge of official functions but not other offenses (XP: Minor infractions)
3. Testifying on matters pertaining to consular functions

Question 12

Pacta Sunt Servanda

Answer 12

Demands the performance in good faith of treaty obligations on the part of the states that enter into the agreement. Every treaty in force is binding upon the parties, and obligations under the treaty must be performed by them in good faith.

Question 13

Rebus Sic Stantibus - Definition and Requirements

Answer 13

A tacit condition attached to all treaties to the effect that they will no longer be binding as soon as the state of facts and conditions upon which they were based changes to a substantial degree

1. That a FUNDAMENTAL CHANGE IN CIRCUMSTANCES (FCIC) occurred at the time of the conclusion of the treaty which was NOT foreseen by the parties.
2. That the existence of those circumstances constitutes the basis of the consent of parties to be bound by the treaty.
3. That the change has radically transformed the extent of the obligations still to be performed under a treaty

Question 14

Consequence of a treaty which has been signed but not yet ratified

Answer 14

VCLT provides that the signing state must nevertheless refrain from acts which would defeat the object and purpose of the instrument until:
a. It is ratified
b. State clearly expresses its intention of not being bound to become a party to the instrument

Question 15

Ratification

Answer 15

Act by which the provisions of a treaty are formally confirmed and approved by a State and by which the state expreses its willingness to be bound by the treayy

Question 16

Where is the power of ratification vested?

Answer 16

Power to ratify the treaty is vested in the President subject to the concurrence of 2/3 of all the members of the Senate

Question 17

When Non-Signatories may be bound by a treaty

Answer 17

1. Accession/adhesion
2. Most favored nation clause - A contracting state is entitled to the clase may claim the benefits extended by the latter to another state in a separate agreement
3. Treaty is a formal expression of customary international law
4. Treaty expressly extends benefits to non-member states

Question 18

Pangilinan vs. Cayetano

Answer 18

Treaties may effectively implement the constitutional imperative to protect human rights and consider social justice in all phases of development-but so san a statute, as Republic Act No. 9851, the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity, does.

The president, as primary architect of our foreign policy and as head of state, is allowed by the Constitution to make preliminary determinations on what, at any given moment, might urgently be required in order that our foreign policy may manifest our national interest.

Absent a clear and convincing showing of a breach of the Constitution or a law, brought through an actual, live controversy and by a party that presents direct, material, and substantial injury as a result of such breach, this Court will stay its hand in declaring a diplomatic act as unconstitutional.