ARELLANO UNIVERSITY SCHOOL OF LAW

Menlo St. corner Donada St., City of Pasay

PHILLIPINE CHRISTIAN UNIVERSITY SCHOOL OF LAW
Taft Avenue, City of Manila
COURSE PRCIS & ROSTER OF RELEVANT CASES
in
PUBLIC INTERNATIONAL LAW
COURSE TITLE :
COURSE CREDIT:
PREREQUISITE :
Prepared by
:

PUBLIC INTERNATIONAL LAW

3 Units
Constitutional Law 1 and 2
Dean Porfirio DG. Panganiban, Jr.

COURSE DESCRIPTION:
This 3 unit course is a branch of Political Law. An exciting
venture into constitutional provisions, generally accepted principles
of international law and legal principles governing transnational
intercourse, United Nations Charter, its specific, specialized and
subsidiary undertakings, the Statutes of the International Court of
Justice AND
treaties, and conventions that greatly affects
international relations. An exacting quest, to numerous domestic
and foreign jurisprudence, on designated topics will also be zealously
undertaken and would be afforded considerable weight and
accentuation.
At the end of the semester, the students are expected to:
1. Have the proper perspective, better and more effective
understanding of treaties, conventions and generally
accepted principles of international law as they are related to
state policies for international relations.
2. Improve their intellectual dexterity, competence and
appreciation on international treaties and conventions,
application of the generally accepted principles of
international as it affects the state and its national.
3. Learn the effective response of domestic courts to
international treaties and conventions, application of the
generally accepted principles of international as it affects the
Philippines.
4. Gain new ideas and practices to stimulate popular
involvement in international governmental affairs and to
maintain and build upon positive outlook on international
relations.
5. Take pro-active appreciation on the essence of global or
transnational practice of the legal profession.
METHODOLOGY:
Considering the dynamism and magnitude of this course, the Socratic
method of learning shall be applied. The class will be conducted mainly through
recitations, examinations, paper presentation, submission of case digests and
reporting. Students are also expected to be an exacting stimulus of information

as they embark on reporting on designated topics of great importance. These are

all designed to increase the students proficiency in research and analytical
reasoning, as well as their interest in advocacy in international law.
COURSE REQUIREMENTS:
Reading and Assignments. You are expected to be familiar with the
assigned readings, on a week to week basis, and must be prepared to participate
actively in class recitations. Supplementary readings and assignments will be
given every now and then to augment the schedule of Topics and Readings and to
ensure a better understanding of a specific topic.
Recitation. You will be called to recite or lead the discussion of a scheduled
topic during the semester. You are expected to demonstrate during recitation
both knowledge of the assigned readings and ability to express your ideas
convincingly.
Mid-term/Final Examinations. You will be given two major examinations
in this course. Both will allow you to display your knowledge and familiarity to
think critically and logically.
Reporting. You are expected to research and report exhaustively on predesignated topics using modern and up to date school facilities, submit a
comprehensive paper and soft copy of the report, complete with all the sources
Attendance. You are expected to attend classes, as attendance is given
considerable weight.
GRADING SYSTEM:
Your grade in this course will be determined on the basis of
attendance/recitation/preliminary examination/reporting/topical case digests
(30%), the mid-term examination (30%), and final examination (40%).

1. Preliminaries / Concepts
Definition
Constitutional Provisions related to Public International Law
Obligations erga omnes
Jus cogens
Concept of aequo et bono
Important Terms and Definitions in International Law
International Law vs. Municipal Law
Doctrine of Incorporation
Incorporation Clause
Doctrine of Transformation
Doctrine of Autolimitations
Cases:
Secretary of Justice vs. Hon. Ralph c. Lantion, G.R. No. 139465,
January 18, 2000.
In Re: Arturo Garcia, 2 SCRA 984
Sison v. The Board of Accountancy, 85 Phil. 276 [1949)
2. Sources of International Law
Sources, in general
1. Primary Sources
a. Treaty
b. Customs
i.
Elements of Customs
I.
States Practice
a. Duration
b. Uniformity
c. Generality
ii.
Instant Custom
2. Secondary Sources
a. Judicial Decisions
b. Teaching of Highly Qualified Publicist
i. Requisites for a Highly Qualified Publicist
3. Other sources
a. Hard Law
b. Soft Law
3. International Community
Actors/Subjects in International Law
1. States
2. International organizations
3. Individuals
Diplomatic and Consular law
1.

Diplomatic And Consular Relations

a. Right of Legation
i.
Types
b. Diplomatic and Consular Immunities
c. Diplomatic vs. Consular Immunities
2. State and Diplomatic Immunity
a. Immunity, In General
b. State Immunity
i.
Scope of State Immunity
ii.
Absolute
iii.
Qualified
c. Act of State Doctrine
d. Process of Suggestion
e. Immunity of Foreign Armed Forces
4. United Nations
5. Concept of a STATE

6. Recognition
De Jure vs. De Facto Government
Cases:
Co Kim Chan vs. Valdez Tan Keh, 75 PHIL. 131
Lawyers League for Better Philippines vs. Pres. Corazon
Aquino, G.R. No. 73748, May 22, 1986

C.

7. Fundamental Rights of State

Right of Existence and Self Defense
Right of Independence and Sovereignty
Cases:
Tanada vs. Angara, 272 SCRA 18, May 2, 1997
The Holy See vs. Rosario, 238 SCRA 524, Dec. 1, 1994
People vs. Perfecto, 43 PHIL. 887
Vilas vs. City of Manila, 229 PHIL. 345
Right of Equality
Case:
Ichong vs. Hernandez, 101 PHIL 155
Right to Jurisdiction and Property
Cases:
US vs. Look Chaw, 18 PHIL 573
People vs. Wong Cheng, 46 PHIL 729
Asaali v. The Commissioner of Customs, 26 SCRA 382 (1968)
Baer v. Tizon, 57 SCRA (1974)
Republic of the Philippines v. Guanzon, 61 SCRA 360, (1974)
Guerreros Transport Services v. Blaylock Transportation Services
Employees Association, 71 SCRA 621, 1976.
Right of Legation
Cases:
De Perio- Santos vs. Macaraig, G.R. No. 94070, April 10, 1942
Reyes vs. Bagatsing, 125 SCRA 553
Minucher vs. Court of Appeals, GR No. 97765, Sept. 24, 1992
Shauf vs. Court of Appeals, 191 SCRA 713
Diplomatic Representatives
Consuls
Right, Privileges, and Duties of International Persons
Doctrine of State Immunity
Cases:
US vs. Ruiz, 136 SCRA 487
US vs. Guinto, 182 SCRA 644
THE HOLY SEE vs. Rosario, 238 SCRA 524
Syquia vs. Lopez, 84 PHIL 312 (1940)
Sanders vs. Veridano, 162 SCRA 88, (1988)
Diplomatic Immunity of International Officials
Case:
WHO vs. Aquino, 48 SCRA 242
Immunity of International Organization from Local Jurisdiction
Specialized Agencies
Minucher v. CA, G.R. No. 142396, February 11, 2003
The Republic of Indonesia vs. James Vinzon, G.R. No. 154705. June 26,
2003.
Liang v. People, G.R. No. 125865 March 26, 2001
Callado vs. International Rice Research Institute, 244 SCRA 211
Lasco vs. UN Revolving Fund for National Resources Exploration, 241
SCRA 681
International Catholic Migration Commission vs. Pura Calleja, 190
SCRA 130
Southeast Asia Fisheries Development Center vs. National Labor
Relations Commission, 206 SCRA 283, Feb. 4, 1992

DFA v. NLRC, G.R. No. 113191 September 18, 1996

8. Treaty
Cases:
Pimentel, Jr. v. Executive Secretary, G.R. No. 158088, 6 July 2005
Commissioner of Customs vs. Eastern Sea Trading, 3 SCRA 283
Agustin vs. Edu, 83 SCRA 195
Tanada vs. Angara, 272 SCRA 18, May 2, 1997
Commissioner of Internal Revenue vs. S.C. Johnson and Son, Inc., 309
SCRA 87 June 27, 1999
Kilosbayan, Inc. vs. Morato, G. R. No. 118910, July 17, 1995
BAYAN v Executive Secretary, G.R. Nos. 138570, 138572, 138587,
148680, Oct. 10, 2000
9. Citizenship, Nationality and Statelessness
Citizenship
Case:
Tecson vs. COMELEC, G.R. No. 159085, February 3, 2004
Nationality
Case:
Frivaldo vs. COMELEC, 174 SCRA 245, June 23, 1989
Naturalization
Cases:
Moy Ya Lim Yao vs. Commisioner of Immigration, 41 SCRA 292
Bengzon III vs. House Representatives Electoral Tribunal, 357 SCRA
545
Multiple nationality
Case:
Aznar vs. COMELEC, 185 SCRA 703
Statelessness
Cases:
Labo vs. COMELEC, 176 SCRA 1
Kookooritchkin vs. Solicitor General, 81 PHIL 435
State Responsibility
Asylum
Refugee
10. Treatment of Aliens
Extradition
P.D. 1069
Deportation/Modes of Deportation
Cases:
Government of Hongkong v. Olalia, G.R. No. 153675, April 19, 2007
Rodriguez v. Presiding Judge, G.R. No. 157977, February 27, 2006
Secretary of Justice Tuquero v. Muoz (G.R. No. 140520 [Dec. 18,
2000])
Harvey vs. Santiago, 162 SCRA 840
Cuevas vs. Munoz, 348 SCRA 542
Wright vs. CA, 235 SCRA 341, Aug. 15, 1994
Secretary of Justice vs. Hon. Ralph c. Lantion, G.R.. No. 139465,
January 18, 2000.
Qua Che Gan vs. Deportation Board, 9 SCRA 27
11. International Dispute
12. War
Status of a Corporation
Cases:
Filpinas Compania de Seguros vs. Christern Huenfeld, 89 SCRA 54
Haw Pia vs. China Banking Corporation, 80 PHIL. 604
Brownell vs. Bautista, 95 PHIL. 853
Belligerent occupation
Cases:
Tan Se Chiong vs. Director of Prisons, June 25, 1955
Laurel vs. Misa, 77 PHIL 856
Postliminium

Case:
Co Kim Chan vs. Valdez Tan Keh, 75 PHIL. 113
War Crimes
Cases:
Kuroda vs. Jalandoni, 42 OG 4282
Yamshita vs. Styer, 75 PHIL. 563
13. Law of the sea
1. Baselines
2. Archipelagic states
a. Straight archipelagic waters
b. Archipelagic waters
c. Archipelagic sea lanes passage
3. International waters
4. Territorial sea
5. Exclusive economic zone
6. Continental shelf
a. Extended continental shelf
7. International Tribunal for the Law of the Sea
14. International Trade Law/Economic Law
Case:
La Bugal-Blaan Tribal Association, Inc. vs. Ramos, G. R. No. 127882,
January 27, 2004
15. International Criminal Law
International Criminal Court
16. International Labour Organization
Case:
International School Alliance Of Educators (ISAE) v. Quisumbing, 333
SCRA 13 [2000])
17. International Humanitarian Law and Neutrality
1. Categories of armed conflicts
a. International armed conflicts
b. International or non-international armed conflict
c. War of national liberation
2. Core international obligations of states in International Humanitarian Law
3. Principles of International Humanitarian Law
a. Treatment of civilians
b. Prisoners of war
4. Law on neutrality
18. International Human Rights Law
1. Universal Declaration of Human Rights
2. International Covenant on Civil and Political Rights
3. International Covenant on Economic, Social and Cultural Rights
Cases:
Republic of the Philippines vs. Sandiganbayan, G.R. No. 104768, July
21, 2003.
19. International Environmental Law
1. Constitutional Basis
2. Principle 21 of the Stockholm Declaration
Cases:
Oposa vs. Factoran, Jr., 224 SCRA 792 (1993)
Laguna Lake Development Authority vs. CA, 231 SCRA 292 (1994)
La Bugal-Blaan Tribal Association, Inc. vs. Ramos, G. R. No. 127882,
January 27, 2004

Ut in Omnibus Gloficatur Deus

Lauda Deum