Salient Features of the RH Bill (HB 5043)

Posted by Admin | Posted in Family Law, Government and the State, Philippine Constitution | Posted on 17-10-2010

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  • State Policies

1) The state upholds and promotes responsible parenthood, informed choice, birth spacing and respect for life in conformity with internationally recognized human rights standards. (Section 2)

2) The state guarantees universal access to medically-safe, legal, affordable and quality reproductive health care services, methods, devices, supplies and relevant information thereon even as it prioritizes the needs of women and children among other underprivileged sectors. (Section 2)

  • Important Guiding Principles

1) Gender equality and women empowerment are central elements of reproductive health and population development. (Section 3c)

2) The limited resources of the country cannot be suffered to be spread so thinly to service a burgeoning multitude that makes the allocations grossly inadequate and effectively meaningless. (Section 3e)

  • Abortion is still a crime.

While nothing in this Act changes the law on abortion, as abortion remains a crime and is punishable, the government shall ensure that women seeking care for post-abortion complications shall be treated and counseled in a humane, non-judgmental and compassionate manner. (Section 3m)

  • Reproductive Health Rights

The rights of individuals and couples to decide freely and responsibly the number, spacing and timing of their children; to make other decisions concerning reproduction free of discrimination, coercion and violence; to have the information and means to carry out their decisions; and to attain the highest standard of sexual and reproductive health. (Section 4d)

  • Reproductive Health Care

This refers to the availability of and access to a full range of methods, techniques, supplies and services that contribute to reproductive and sexual health and well-being by preventing and solving reproductive health-related problems in order to achieve enhancement of life and personal relations. (Section 4g) Read the rest of this entry »

2010 Bar Exam Questions in Political Law

Posted by Admin | Posted in Bar Exams, Government and the State | Posted on 07-09-2010

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PART I

I

The dictatorial regime of President A of the Republic of Gordon was toppled by a combined force led by Gen. Abe, former royal guards and the secessionist Gordon People’s Army. The new government constituted a Truth and Reconciliation Commission to look into the serious crimes committed under President A’s regime. After the hearings, the Commission recommended that an amnesty law be passed to cover even those involved in mass killings of members of indigenous groups who opposed President A. International human rights groups argued that the proposed amnesty law is contrary to international law. Decide with reasons. (4%)

II

Compare and contrast the jurisdiction of the International Criminal Court and International Court of Justice. (3%)

III

A, a British photojournalist, was covering the violent protests of the Thai Red-Shirts Movement in Bangkok. Despite warnings given by the Thai Prime Minister to foreigners, specially journalists, A moved around the Thai capital. In the course of his coverage, he was killed with a stray bullet which was later identified as having come from the ranks of the Red-Shirts. The wife of A sought relief from Thai authorities but was refused assistance.

  1. Is there state responsibility on the part of Thailand? (2%)
  2. What is the appropriate remedy available to the victim’s family under international law? (3%)

IV

Choose the statement which appropriately completes the opening phrase:

“A State which resorts to retorsion in international law

  1. must ensure that all states consent to its act.
  2. cannot curtail migration from the offending state.
  3. can expel the nationals of the offending state.
  4. should apply proportionate response within appreciable limit.
  5. None of the above.

Explain your answer. (2%)

V

Congresswoman A is a co-owner of an industrial estate in Sta. Rosa, Laguna which she had declared in her Statement of Assets and Liabilities. A member of her political party authored a bill which would provide a 5-year development plan for all industrial estates in the Southern Tagalog Region to attract investors. The plan included an appropriation of 2 billion pesos for construction of roads around the estates. When the bill finally became law, a civil society watchdog questioned the constitutionality of the law as it obviously benefitted Congresswoman A’s industrial estate. Decide with reasons. (3%) Read the rest of this entry »