TREATIES AND EXECUTIVE AGREEMENTS
ž TREATY DEFINED
¡ A formal agreement, usually but not necessarily in writing, which is entered into by states or entities possessing the treaty-making capacity for the purpose of regulating their mutual relation under the law of nations
ž FUNCTIONS
¡ Enable parties to settle finally actual and potential conflicts
¡ Make it possible for the parties to modify the rules of international customary law by means of optional principles or standards
¡ Lead to a transformation of unorganized international society into one which may be organized on any chosen level of social integration
¡ Provide stimulus for the growth of international customary law
TREATY-MAKING PROCESS
ž NEGOTIATION
¡ Undertaken directly by the head of the state but usually assigned to authorized representatives
¡ Submitting of the draft by one of the parties
¡ Counter-proposals by the other party
¡ Subsequent negotiations
ž SIGNATURE
¡ The authenticating of the instrument and for the purpose of symbolizing the good faith of the parties
ž RATIFICATION
¡ The formal act by which a state confirms and accepts the provisions of a treaty concluded by its representatives
¡ Art. VII, Sec. 21.
¢ No treaty or international agreement shall be valid and effective unless concurred in by at least two-thirds of all the members of the Senate.
ž EXCHANGE OF INSTRUMENTS OF RATIFICATION
¡ Signifies the effectivity of the treaty
ž REGISTRATION AND PUBLICATION
EXECUTIVE AGREEMENTS
¡ Treaty - like agreement with another country in which the President binds the country without submission to the Senate
¡ “an international agreement embodying adjustments of detail carrying out well-established national policies and traditions, and those involving arrangements of a more or less temporary nature.” [Commissioner of Custom v. Eastern Sea Trading, 3 SCRA 351]
ž Nature of Executive Agreements :
¡ 2 classes :
¢ (1) agreements made purely as executive acts affecting external relations and independent of or without legislative authorization, which may be termed as presidential agreements, and
¢ (2) agreements entered into in pursuance of acts of Congress, or Congressional-Executive Agreements.
ž TREATY DISTINGUISHED FROM EXECUTIVE AGREEMENT
¡ Executive agreements entered into by the President need no concurrence.
¢ Art. VII, Sec. 21.
No treaty or international agreement shall be valid and effective unless concurred in by at least two-thirds of all the members of the Senate
Thursday, January 7, 2010
The Constitution by Jan Christopher Elmido
CONSTITUTION DEFINED
ž A Constitution is that body of rules and maxims in accordance with which the powers of sovereignty are habitually exercised [Cooley, Constitutional Limitations, p. 4]
ž That Written instrument enacted by direct participation of the people by which fundamental powers of the government are established, limited and defined, and by which those powers are distributed among the several departments for their safe and useful exercise for the benefit of the body politic. [Malcolm, Philippine Constitutional Law, p. 6]
PURPOSE
ž To prescribe the permanent framework of a system of government, to assign to the several departments their respective powers and duties, and to establish certain first principles on which the government is founded.
CLASSIFICATION
ž WRITTEN OR UNWRITTEN
¡ A written constitution is one whose precepts are embodied in one single document or set of documents
¡ An unwritten constitution consists of rules which have not been integrated into a single, concrete form but are scattered in various sources
¡ ENACTED (CONVENTIONAL) OR EVOLVED (CUMULATIVE)
¡ A conventional constitution is enacted, formally struck off at a definite time and place following a conscious or deliberate effort taken by a constituent body or ruler
¡ A cumulative constitution is the result of political evolution, not inaugurated at any specific time but changing by accretion rather than by any systematic method
ž RIGID OR FLEXIBLE
¡ A rigid constitution is one that can be amended only by a formal and usually difficult process
¡ A flexible constitution is one that can be changed by ordinary legislation
A BRIEF HISTORY OF THE CONSTITUTION
1. THE MALOLOS CONSTITUTION
ž The Philippine Revolution of 1896
ž Proclamation of Philippine Independence, at Kawit, Cavite on June 12, 1898.
ž Revolutionary Congress convention: September 15, 1898
ž President Emilio Aguinaldo’s approval on December 23 1898
ž Ratification by the Congress on January 20, 1899
ž Promulgated: January 21, 1899
2. THE AMERICAN REGIME AND THE ORGANIC ACTS
ž Treaty of Paris: December 10, 1898
ž US President Mckinley’s Instruction of April 7, 1900
ž The Spooner Ammendment: March 2, 1901
ž The Philippine Bill of July 1, 1902
ž The Jones Law (Philippine Autonomy Act) of August 29, 1916.
ž The Tydings-McDuffie Act of March 24, 1934
3. THE 1935 CONSTITUTION
ž Philippine Legislature Act No. 4125
ž Election of Delegates to the Constitutional Convention and Inauguration
ž Approval of the draft on February 8, 1935
¡ Washington DC: March 18, 1935
¡ Certified by US President Roosevelt on March 23, 1935
ž Ratification: May 14, 1935
ž Amendments
¡ 1939
¡ 1940
¡ 1947
4. THE JAPANESE OCCUPATION
ž The occupation of Manila on January 2, 1942
ž Organization of the Philippines Executive Commission on January 23, 1942
ž Executive Orders Nos. 1 and 4 in 1942
ž Inauguration of the second Philippine Republic on October 14, 1943
¡ Jose P. Laurel served as the President
5. THE 1973 CONSTITUTION
ž Resolution of both houses (RBH) No. 2 was passed on March 16, 1967, calling for a Constitutional Convention to revise the 1935 Constitution
ž Republic Act No. 6132: Constitutional Convention Act of 1970
ž Election of Delegates: November 10, 1970
ž Inauguration on June 1, 1971
ž Declaration of Martial Law: September 21, 1972
ž Approval of the Draft: November 29, 1972
ž November 30, 1972 - President Marcos’ decree setting the plebiscite on January 15, 1973
ž Postponement of Plebiscite: December 23, 1972
ž Presidential Decree No. 86: December 31, 1972
ž Organization of the Citizen Assemblies
ž PD No. 86-A – Citizens Assemblies meeting on January 10 – 15, 1973
ž Presidential Proclamation No. 1102: January 17, 1973
ž Ratification of the new Constitution by the Citizens Assemblies
ž Amendments
ž 1976
ž 1980
ž 1981
ž 1984
ž Snap presidential election of 1986
ž EDSA I – People’s Revolution: February 22 – 25, 1986
THE 1987 CONSTITUTION
1. PROCLAMATION OF THE FREEDOM CONSTITUTION
ž Proclamation No. 1: February 25, 1986
¡ President Corazon Aquino announced that she and Vice President Laurel were assuming power
ž Proclamation No.3: March 25, 1986
¡ Promulgation of the Freedom Constitution
¡ Calling of a Constitutional Commission
2. ADOPTION OF THE CONSTITUTION
ž Proclamation No. 9, creating the Constitutional Commission of 50 members
ž Approval of the draft Constitution by the Constitutional Commission: October 15, 1986
ž Plebiscite: February 2, 1987
ž Proclamation No. 58
¡ Ratification of the Constitution
ž Effectivity of the 1987 Constitution
¡ February 2, 1987, the date of the plebiscite when the people ratified the Constitution [De Leon v. Esguerra, 153 SCRA 602]
ž A Constitution is that body of rules and maxims in accordance with which the powers of sovereignty are habitually exercised [Cooley, Constitutional Limitations, p. 4]
ž That Written instrument enacted by direct participation of the people by which fundamental powers of the government are established, limited and defined, and by which those powers are distributed among the several departments for their safe and useful exercise for the benefit of the body politic. [Malcolm, Philippine Constitutional Law, p. 6]
PURPOSE
ž To prescribe the permanent framework of a system of government, to assign to the several departments their respective powers and duties, and to establish certain first principles on which the government is founded.
CLASSIFICATION
ž WRITTEN OR UNWRITTEN
¡ A written constitution is one whose precepts are embodied in one single document or set of documents
¡ An unwritten constitution consists of rules which have not been integrated into a single, concrete form but are scattered in various sources
¡ ENACTED (CONVENTIONAL) OR EVOLVED (CUMULATIVE)
¡ A conventional constitution is enacted, formally struck off at a definite time and place following a conscious or deliberate effort taken by a constituent body or ruler
¡ A cumulative constitution is the result of political evolution, not inaugurated at any specific time but changing by accretion rather than by any systematic method
ž RIGID OR FLEXIBLE
¡ A rigid constitution is one that can be amended only by a formal and usually difficult process
¡ A flexible constitution is one that can be changed by ordinary legislation
A BRIEF HISTORY OF THE CONSTITUTION
1. THE MALOLOS CONSTITUTION
ž The Philippine Revolution of 1896
ž Proclamation of Philippine Independence, at Kawit, Cavite on June 12, 1898.
ž Revolutionary Congress convention: September 15, 1898
ž President Emilio Aguinaldo’s approval on December 23 1898
ž Ratification by the Congress on January 20, 1899
ž Promulgated: January 21, 1899
2. THE AMERICAN REGIME AND THE ORGANIC ACTS
ž Treaty of Paris: December 10, 1898
ž US President Mckinley’s Instruction of April 7, 1900
ž The Spooner Ammendment: March 2, 1901
ž The Philippine Bill of July 1, 1902
ž The Jones Law (Philippine Autonomy Act) of August 29, 1916.
ž The Tydings-McDuffie Act of March 24, 1934
3. THE 1935 CONSTITUTION
ž Philippine Legislature Act No. 4125
ž Election of Delegates to the Constitutional Convention and Inauguration
ž Approval of the draft on February 8, 1935
¡ Washington DC: March 18, 1935
¡ Certified by US President Roosevelt on March 23, 1935
ž Ratification: May 14, 1935
ž Amendments
¡ 1939
¡ 1940
¡ 1947
4. THE JAPANESE OCCUPATION
ž The occupation of Manila on January 2, 1942
ž Organization of the Philippines Executive Commission on January 23, 1942
ž Executive Orders Nos. 1 and 4 in 1942
ž Inauguration of the second Philippine Republic on October 14, 1943
¡ Jose P. Laurel served as the President
5. THE 1973 CONSTITUTION
ž Resolution of both houses (RBH) No. 2 was passed on March 16, 1967, calling for a Constitutional Convention to revise the 1935 Constitution
ž Republic Act No. 6132: Constitutional Convention Act of 1970
ž Election of Delegates: November 10, 1970
ž Inauguration on June 1, 1971
ž Declaration of Martial Law: September 21, 1972
ž Approval of the Draft: November 29, 1972
ž November 30, 1972 - President Marcos’ decree setting the plebiscite on January 15, 1973
ž Postponement of Plebiscite: December 23, 1972
ž Presidential Decree No. 86: December 31, 1972
ž Organization of the Citizen Assemblies
ž PD No. 86-A – Citizens Assemblies meeting on January 10 – 15, 1973
ž Presidential Proclamation No. 1102: January 17, 1973
ž Ratification of the new Constitution by the Citizens Assemblies
ž Amendments
ž 1976
ž 1980
ž 1981
ž 1984
ž Snap presidential election of 1986
ž EDSA I – People’s Revolution: February 22 – 25, 1986
THE 1987 CONSTITUTION
1. PROCLAMATION OF THE FREEDOM CONSTITUTION
ž Proclamation No. 1: February 25, 1986
¡ President Corazon Aquino announced that she and Vice President Laurel were assuming power
ž Proclamation No.3: March 25, 1986
¡ Promulgation of the Freedom Constitution
¡ Calling of a Constitutional Commission
2. ADOPTION OF THE CONSTITUTION
ž Proclamation No. 9, creating the Constitutional Commission of 50 members
ž Approval of the draft Constitution by the Constitutional Commission: October 15, 1986
ž Plebiscite: February 2, 1987
ž Proclamation No. 58
¡ Ratification of the Constitution
ž Effectivity of the 1987 Constitution
¡ February 2, 1987, the date of the plebiscite when the people ratified the Constitution [De Leon v. Esguerra, 153 SCRA 602]
Sunday, December 6, 2009
Statute Law: In General by Jaymie Capinpin
STATUTE LAW
In General:
¡ Laws enacted by the Philippine legislature [national or local], constitutive assemblies and other bodies with law-making power
¡ A formal written enactment of a legislative authority that governs a city, state or country
¡ It typically commands or prohibits certain conduct, or declares policy
¡ Before the passage of most statutes proper, the proposed statute is called a “bill”; after its passage, it is often referred to as an “act”
Types of Statute:
A. AS TO THE PERSONS TO WHOM THEY APPLY:
1) Private Statute
§ One which relates to a single person or to a particular class of persons, and does not apply to the whole community
§ An Act that is enacted by the Legislature on the application of an individual, a municipality or a corporation and which relates only to the interests of the applicant.
§ Ex. A law of Congress granting a pension to a particular person
2) Public Statute
¡ One which is applicable to the public in general
¡ a law or statute of a general character that applies to the people of a whole state or nation
¡ Ex. A law providing for the bestowal of pensions upon all who conform to certain conditions in public
B. AS TO THE TERRITORY TO WHICH THEY APPLY
1) National or General Statute
§ One which applies to the entire territory over which the legislature has authority
2) Local Statute
§ One which applies only to a limited portion of the territory over which the legislature has jurisdiction
[Local statute can also refer to municipal legislation]
C. AS TO THEIR OPERATION
1) Prospective Statute
§ One which applies only to acts which arise after its enactment
2) Retrospective Statute
¡ One which applies to acts which took place or rights which existed before its enactment
¡ Are seldom passed and some jurisdictions are prohibited by constitutional provisions
¡ Ex. Ex-post facto Law – such laws which make acts, innocent when done, crimes or increase the penalty attached to crimes already committed
Other Classes of Statutes:
A. Special Statutes
¡ Enacted for the purpose of providing sanctions for acts not provided for in the general statutes; Ex. R.A. 6538 or The Anti-Carnapping Act of 1972
B. Mandatory vs. Directory Statutes
-Mandatory
¡ one which renders the acts to which it refers void or subject to penalty unless its provisions are complied with
¡ Ex. Republic Act No. 7394- The Consumer Act of the Philippines
-Directory Statutes
¡ one which lays down certain rules relating to particular acts which acts may be valid, or would not attract the imposition of penalties, although such rules are not complied with
Penal Statutes
C. Personal vs. Real Statutes
- Personal
¡ those which have principally for their object the person, and treat of property only incidentally; such are those which regard birth, legitimacy, freedom, the fight of instituting suits, majority as to age, incapacity to contract, to make a will, to plead in person, and the like.
¡ A personal statute is universal in its operation, and in force everywhere.
¡ Ex. Republic Act No. 6809 - An Act Lowering the Age of Majority From Twenty-One to Eighteen Years, Amending for the Purpose Executive Order Numbered Two Hundred Nine, And for Other Purposes
-Real Statutes
¡ Those which have principally for their object, property, and which do not speak of persons, except in relation to property; such are those which concern the disposition, which one may make of his property either alive or by testament.
¡ A real statute, unlike a personal one, is confined in its operation to the country of its origin.
D. Temporary vs. Perpetual Statutes
-Temporary
¡ one which is limited in its duration at the time of its enactment
¡ It continues in force until the time of its limitation has expired, unless sooner repealed.
-Perpetual Statutes
¡ one for the continuance of which there is no limited time, although it be not expressly declared to be so.
¡ If, however, a statute which did not itself contain any limitation, is to be governed by another which is temporary only, the former will also be temporary and dependent upon the existence of the latter.
[End]
References:
Books:
¡ Elementary Law, William Lawrence Clark
¡ The American Heritage Dictionary of the English Languce, Fourth Edition 2004
¡ Legal Research and Bibiliography – 2007 Edition, Peter P. Ng Philipp U. Po, Pepito P. Go
¡ Black, Henry Campbell (1990). Black's Law Dictionary, Sixth Edition
Websites:
¡ http://www.e-laws.gov.on.ca
¡ http://en.wikipedia.org
¡ http://www.answers.com/topic/statute-1
¡ http://www.lawphil.net
¡ http://sc.judiciary.gov.ph/
In General:
¡ Laws enacted by the Philippine legislature [national or local], constitutive assemblies and other bodies with law-making power
¡ A formal written enactment of a legislative authority that governs a city, state or country
¡ It typically commands or prohibits certain conduct, or declares policy
¡ Before the passage of most statutes proper, the proposed statute is called a “bill”; after its passage, it is often referred to as an “act”
Types of Statute:
A. AS TO THE PERSONS TO WHOM THEY APPLY:
1) Private Statute
§ One which relates to a single person or to a particular class of persons, and does not apply to the whole community
§ An Act that is enacted by the Legislature on the application of an individual, a municipality or a corporation and which relates only to the interests of the applicant.
§ Ex. A law of Congress granting a pension to a particular person
2) Public Statute
¡ One which is applicable to the public in general
¡ a law or statute of a general character that applies to the people of a whole state or nation
¡ Ex. A law providing for the bestowal of pensions upon all who conform to certain conditions in public
B. AS TO THE TERRITORY TO WHICH THEY APPLY
1) National or General Statute
§ One which applies to the entire territory over which the legislature has authority
2) Local Statute
§ One which applies only to a limited portion of the territory over which the legislature has jurisdiction
[Local statute can also refer to municipal legislation]
C. AS TO THEIR OPERATION
1) Prospective Statute
§ One which applies only to acts which arise after its enactment
2) Retrospective Statute
¡ One which applies to acts which took place or rights which existed before its enactment
¡ Are seldom passed and some jurisdictions are prohibited by constitutional provisions
¡ Ex. Ex-post facto Law – such laws which make acts, innocent when done, crimes or increase the penalty attached to crimes already committed
Other Classes of Statutes:
A. Special Statutes
¡ Enacted for the purpose of providing sanctions for acts not provided for in the general statutes; Ex. R.A. 6538 or The Anti-Carnapping Act of 1972
B. Mandatory vs. Directory Statutes
-Mandatory
¡ one which renders the acts to which it refers void or subject to penalty unless its provisions are complied with
¡ Ex. Republic Act No. 7394- The Consumer Act of the Philippines
-Directory Statutes
¡ one which lays down certain rules relating to particular acts which acts may be valid, or would not attract the imposition of penalties, although such rules are not complied with
Penal Statutes
C. Personal vs. Real Statutes
- Personal
¡ those which have principally for their object the person, and treat of property only incidentally; such are those which regard birth, legitimacy, freedom, the fight of instituting suits, majority as to age, incapacity to contract, to make a will, to plead in person, and the like.
¡ A personal statute is universal in its operation, and in force everywhere.
¡ Ex. Republic Act No. 6809 - An Act Lowering the Age of Majority From Twenty-One to Eighteen Years, Amending for the Purpose Executive Order Numbered Two Hundred Nine, And for Other Purposes
-Real Statutes
¡ Those which have principally for their object, property, and which do not speak of persons, except in relation to property; such are those which concern the disposition, which one may make of his property either alive or by testament.
¡ A real statute, unlike a personal one, is confined in its operation to the country of its origin.
D. Temporary vs. Perpetual Statutes
-Temporary
¡ one which is limited in its duration at the time of its enactment
¡ It continues in force until the time of its limitation has expired, unless sooner repealed.
-Perpetual Statutes
¡ one for the continuance of which there is no limited time, although it be not expressly declared to be so.
¡ If, however, a statute which did not itself contain any limitation, is to be governed by another which is temporary only, the former will also be temporary and dependent upon the existence of the latter.
[End]
References:
Books:
¡ Elementary Law, William Lawrence Clark
¡ The American Heritage Dictionary of the English Languce, Fourth Edition 2004
¡ Legal Research and Bibiliography – 2007 Edition, Peter P. Ng Philipp U. Po, Pepito P. Go
¡ Black, Henry Campbell (1990). Black's Law Dictionary, Sixth Edition
Websites:
¡ http://www.e-laws.gov.on.ca
¡ http://en.wikipedia.org
¡ http://www.answers.com/topic/statute-1
¡ http://www.lawphil.net
¡ http://sc.judiciary.gov.ph/
Wednesday, December 2, 2009
Introduction to Legal Bibliography
Federico Moreno in this book "Philippine Legal Bibliography" notes that legal bibliography is the study of the tools and materials essential to legal research. It is the study of legal authorities. Legal research on the other hand is concerned with the method or system by which inquiry and investigation into legal queries may be accomplished. Simply put, legal bibliography and legal research involves knowing and finding the best basis for our responses to legal questions or issues.
Legal bibliography principles classify authorities as primary and secondary. Again, using Moreno's tract:
1. An authority is considered primary when legislation (or statutes) or court decisions are involved.
Primary authorities are either mandatory or persuasive.
a. It is mandatory when "legislation is effective in the place where it has been enacted or promulgated or when a decision is rendered with finality by a superior court in the case or in another case with a similar set of facts, or by the same court in another case."
b. Any other type of legislation or court decision is considered persuasive.
Legal bibliography principles classify authorities as primary and secondary. Again, using Moreno's tract:
1. An authority is considered primary when legislation (or statutes) or court decisions are involved.
Primary authorities are either mandatory or persuasive.
a. It is mandatory when "legislation is effective in the place where it has been enacted or promulgated or when a decision is rendered with finality by a superior court in the case or in another case with a similar set of facts, or by the same court in another case."
b. Any other type of legislation or court decision is considered persuasive.
2. An authority is considered secondary, "when primary authority is commented on, criticized, explained or restated."
Here are the basic principles of Philippine legal bibliography:
I. Not all legal authorities are created equal.
II. Some authorities are considered primary, while others, only secondary.
III. The following is a practitioner's take on the Hierarchy of Authorities --
A. Primary
1. Statutes
(i) The Constitution
(ii) Statutes proper, treaties
(iii) Municipal legislation
(iv) Administrative rules issued pursuant to law.
2. Decisions of the Supreme Court
3. Other types of administrative rules
4. Decisions of other courts and quasi-judicial bodies
5. Opinions of government agencies tasked with administering particular laws
6. Foreign laws and cases
B. Secondary Authorities
1. Local commentaries
2. Local textbooks
3. Local legal dictionaries
4. Local legal articles
5. Foreign secondary authorities [may rank higher in certain cases]
IV. This hierarchical order is a general concept. You need to test each possible authority for relevance and applicableness. If an authority is not relevant or applicable to your problem or case, it must fall away.
V. When considering a secondary authority, pay attention to the subject matter of the material, the year it was published, and the author. Certain commentaries, because of usage, time and the reputation of their authors are considered "repositories of law" and may carry greater weight than other commentaries.
VI. The Hierarchy of Authorities is your best friend.
Friday, November 27, 2009
Case Digest Assignment
Please digest the following cases and email to me by December 2, 2009:
1. Villavicencio v. Lukban, 39 Phil. 778 (1919)
2. Leonor v. Court of Appeals, 256 SCRA 69 (1996)
3. Tanada v. Tuvera, 146 SCRA 446 (1986)
1. Villavicencio v. Lukban, 39 Phil. 778 (1919)
2. Leonor v. Court of Appeals, 256 SCRA 69 (1996)
3. Tanada v. Tuvera, 146 SCRA 446 (1986)
Sunday, November 22, 2009
How I Will Grade Your Research Paper
Your submission will represent 30% of your final grade.
This is what I will look fo (with the corresponding weight):
1. Neatness, following instructions on format, lack of typographical errors, and timely submission -- 5%
2. Grammatical correctness -- 5%
3. Use of legal authorities, accuracy, correct citation form -- 30%
4. Analysis and soundness of conclusions - 30%
5. Organization and clarity -- 30%
This is what I will look fo (with the corresponding weight):
1. Neatness, following instructions on format, lack of typographical errors, and timely submission -- 5%
2. Grammatical correctness -- 5%
3. Use of legal authorities, accuracy, correct citation form -- 30%
4. Analysis and soundness of conclusions - 30%
5. Organization and clarity -- 30%
Friday, November 20, 2009
In Search of a Research Topic
Choose an area of law that interests you or you are familiar with. Read the papers or news magazines such as Newsweek or The Economist, or watch the news. Current events may suggest a possible topic. Just remember, you need to write a legal research paper, so it needs to address a legal issue or problem, that you will analyze and research on. The paper will have to provide your findings or conclusions on the issue or problem.
Note that I use the term `issue' or `problem' and not just `question'. I do not want you to choose a topic that only requires you to recite particular laws or to go into exposition. I want you to choose a topic that will require you to be analytical, to engage in critical thinking.
During our first meeting, I asked you to write on this legal issue: Can Erap Run For President in 2010? To resolve this, you would need to read the relevant provisions of the Philippine Constitution as well as the related authorities, examine the deliberations of the Constitutional Commission, determine what other laws might come into play, read up on Erap's arguments, and evaluate and test those arguments. Thereafter, you would need to state your findings and organize your own arguments supporting these findings with legal authorities set out in a logical and coherent manner. This is the process that each of you must undergo.
Good luck!
Note that I use the term `issue' or `problem' and not just `question'. I do not want you to choose a topic that only requires you to recite particular laws or to go into exposition. I want you to choose a topic that will require you to be analytical, to engage in critical thinking.
During our first meeting, I asked you to write on this legal issue: Can Erap Run For President in 2010? To resolve this, you would need to read the relevant provisions of the Philippine Constitution as well as the related authorities, examine the deliberations of the Constitutional Commission, determine what other laws might come into play, read up on Erap's arguments, and evaluate and test those arguments. Thereafter, you would need to state your findings and organize your own arguments supporting these findings with legal authorities set out in a logical and coherent manner. This is the process that each of you must undergo.
Good luck!
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