University of the Philippines College of Law Constitutional Law II First Semester, AY 200 !

0" #i$terms %&am Prof' (arry L' )o*ue 1. John and Marsha have been in a domestic relationship for at least 10 years. One fine day, John, feeling the urge to settle down and to grow roots thought that it was best to institutionali e their relationship through marriage. !rmed thus with a do en roses, and after a sumptuous dinner with the best champagne, John went on his feet and as"ed Marsha to marry him. Marsha, with tears on her eyes, consented. #he happy couple thereupon proceeded to arrange their big day. $nfortunately, the couple encountered an une%pected obstacle& the civil registrar refused to issue a marriage license since Marsha apparently was born as Mar" thirty years ago, although it appeared that Mar" underwent a successful se% change operation in Japan five years ago. #he couple was informed by the 'egistrar that the marriage license could not be issued as the (amily )ode specifies that marriage is between a man and a woman. #he couple then hired you specifically to file a legal action to compel the civil registrar to issue the re*uired license. +raft a legal memorandum detailing the issues which you will have to argue before the courts. ,. #he -hilippines entered into a .ilateral /mmunity !greement with the $nited 0tates. #he !greement provides in part 1. (or purposes of this agreement, persons are current or former 1overnment officials, employees 2including contractors3, or military personnel or nationals of one -arty 2the $03. 2. -ersons of one -arty 2$03 present in the territory of the other 2-hilippines3 shall not, absent the e%pressed consent of the first -arty& a3 be surrendered or transferred by any means to the /nternational )riminal )ourt for any purpose, or b3 be surrendered or transferred by any means to any other entity or third country, or e%pelled to a third country, for the purpose of surrender to or transfer to the /nternational )riminal )ourt. #he -hilippine 0upreme )ourt has ruled previously in the 4amashita and 5uroda cases that the -hilippines is bound by customary international law not to accord impunity to perpetrators of war crimes. #he /)) e%ists precisely to put an end to impunity to those who will commit these crimes. 4ou were as"ed to file a petition to declare the said #reaty as unconstitutional. !rgue.

3. $pon his appointment, )hief Justice -anganiban laid down his vision for the Judiciary. 6e said that in cases involving liberty, the scales of 7ustice should weigh heavily against the government and in favor of the poor, the oppressed, the marginali ed, the dispossessed and the wea". 6e said laws and actions that restrict fundamental rights come to the courts with a heavy presumption against the constitutional validity. /n conflicts affecting policies on prosperity and development, deference must be accorded the political branches of government8 namely, the -residency and )ongress. !s a rule, courts will not pass upon the merits or wisdom of economic policies, for these matters have been left by the people to the -resident and )ongress to evaluate and decide. )omment citing authorities for your arguments. 9. #he 5atotohanan, an anti:administration newspaper, published an editorial as follows& 0enate reporters and the +epartment of ;abor and <mployment labor union say that 0ecretary +imagulangan=s resignation was prompted by an impending 0enate investigation of a 1:million pesos employee fund she withdrew and placed in a ban" account only she "nows. 4ou were as"ed to defend the publisher, not the writer of the editorial, in a libel cases filed by 0ec. +imagulangan against both the writer and the publisher of 5atotohanan. +iscuss all possible defenses of the publisher, citing as much authorities as you can. >. .ishop +imabili and other civic leaders filed a petition in )ourt to compel the !rroyo administration to remit the -rovince of -alawan 90? of all earnings arising from the Mampalaya natural gas field as mandated by the ;ocal 1overnment )ode. #he 0olicitor 1eneral filed a Motion to dismiss on the found of lac" of standing to sue and non:7ustifiability of the issue. #he Judge then as"ed you write the resolution for this issue in a manner that would be worthy of the .est +ecision !ward given by the (oundation for Judicial <%cellence, but not necessarily for purposes of getting a promotion to the )ourt of !ppeals since anyway, he is still young and could still wait for the outcome of the ,010 elections. @rite the 'esolution.