Legal Technique and Logic Moot Court Problem Note: name your PDF
file in the following manner: [NAME]_Moot Court
Problem_[Petitioner/Respondent] The Philippine Congress passed the
Sambansa Organic Law (SOL) creating the Sambansa political entity,
with its own territory covering the islands of Cebu, Biliran,
Palawan, and Mindanao. Sambansa has a parliamentary form of
government, with the Sambansa Parliament exercising legislative
power that is concurrently or exclusively delegated by the
Philippine Congress. The Parliament exercises its executive power
through the Chief Minister. There will be a Pinuno that serves as a
ceremonial and titular head. Special courts with jurisdiction over
personal, family, property, and criminal jurisdiction are also
created. The Sambansa Parliament is vested with the power to, among
others, create, divide, merge, abolish or substantially alter
boundaries of provinces, cities, municipalities or barangays within
the Sambansa territory in accordance with a law enacted by the said
Parliament, and subject to the plebiscite requirement. The Sambansa
Commissions on Elections, Civil Service, and Audit will likewise
carry out the functions of their counterpart constitutional
commissions within the Sambansa jurisdiction. Franklin Chabby,
alleging that he is a lawyer, resident of Palawan, taxpayer, and
that the case he now files is of transcendental importance, lodges
before the Supreme Court a petition for certiorari and prohibition
claiming that the SOL violates various parts of the Constitution,
including its Article X. The Republic of the Philippines, as
represented by the Office of the Solicitor General, counters that
the SOL is constitutionally valid in its entirety and that Chabbys
petition should be dismissed on procedural and substantive grounds.
The Supreme Court directed the parties to submit their respective
Memoranda by June 2, 2015, 11:59PM PST. Schedule of the oral
arguments on the petition will be announced on a later date.
Guidelines:
1. The memorandum shall be written in single space with a
one-and-a-half space between paragraphs, using an easily readable
font of the authors choice, of 14-size font, and on a 13-inch by
8.5-inch PDF document.
2. The following margins should be observed: an upper margin of
1.2 inches from the edge;
a left hand margin of 1.5 inches from the edge, a right hand
margin of 1.0 inch from the edge; and a lower margin of 1.0 from
the edge. Every page must be consecutively numbered (except the
first page).
3. A sample format is attached hereto as Annex A. Use Petitioner
and Respondent as
party designation. Include a Table of Contents with a List of
Laws and Jurisprudence cited.
4. All memoranda should be submitted through email not later
than June 2, 2015, 11:59PM
PST. Late submissions will not be accepted.
5. Each student should submit a memorandum for the party
assigned to him/her as follows:
For the Petitioner For the Respondent ALBA, Edmond BULAN, Regine
BAYTIC, Norie CAETE, Elsa DAYAO, Joana CONCHA JR., Romulo DULAG,
Mark Anthony DELGRA, Fernando Jr ELEVADO, Sabrina Joy DIONEDO,
Rachel FAJICULAY, Frederick Kin FERNANDEZ, Girlie MAGPANTAY,
Percival FLORANO, Rey Harold MERJUDIO, Adelwisa MANUEL, Sarah
NAZARENO, Renieszhel MARASIGAN, Raisa OBINAY, Muhammedan MARCOS,
Romando OLAGUER, Jae Czel MOLINA, Marxolen RELON, Keithlene Bel
SARMIENTO, Elizabeth RIMANDO, Angela Joy TAMO, John Cyrei Kennedy
SANCHEZ, Gina TRESMARIA, Rosalie YARCIA, Isagani
