Secretary of Justice v.
Lantion
- 1994, then DOJ Sec Drilon signed Extradition Treaty bet. RP and US
pursuant to PD 1069 Prescribing the Procedure for the Extradition of
Persons Who Committed Crimes in a Foreign Country
- DOJ received from DFA documents requesting extradition of Jimenez to the
US
- Pending evaluation of the docs, Jimenez requested for copies
- Denied. Reason: Evaluation is not PI thus, constitutionally guaranteed rights
such as due process N/H are not available. It is only after the filing of the
petition for extradition he will be furnished copies.
SC:
- Evaluation process is akin to administrative agency conducting investigation
proceeding. Procedural Due Process N/H is required not only in criminal and
civil, but also in administrative proceeding.
- Although the treaty and the procedure (PD 1069) is silent as to the
unavailability of the right to due process, we must apply the rules of fair play.
- Notice is a basic procedural requirement that a statute cannot dispense with.
- Principle of lex posterior derogat priori – a treaty may repeal a statute and a
statute may repeal a treaty. In states where the constitution is the highest
law of the land, such as the RP, both statutes and treaties may be
invalidated if they are in conflict with the constitution.
- Liberty at stake. Reason: Treaty allows provisional arrest pending
evaluation.
Kuroda v. Jalandoni
- Kuroda - former Lieutenant General of the Japanese Imperial Army and
Commanding General of the Japanese Imperial Forces in the Phil.
o - failed to discharge his duties, permitting them to commit brutal
atrocities and other high crimes against noncombatant civilians and
prisoners in violation of the laws and customs of war
- EO 68 National War Crimes Office – prescribes rules and regulation
governing the trial of the accused war criminals
SC:
- Hague Convention, Geneva Convention – those military who have been
guilty of planning, preparing or waging a war of aggression and of the
commission of crimes incidental thereto should be held accountable.
- Article II Sec 2 1987 Constitution These rules form part of the law of our
nation even though PH is not a signatory.
Mijares v. Ranada
- The petitioners (victims of human rights violations) filed with the US District
Court Hawaii against Marcos Estate. Basis: Alien Tort Act – suit by aliens for
tortuous violations of intl law. Awarded: 1.9B USD
- Paid P410.00 to enforce foreign judgment in the PH
- RTC Makati ordered the petitioners to pay P472M as filing fee; treated the
case as new
SC:
- Policy of Preclusion – recognition and enforcement of foreign judgments;
limit repetitive litigation; safeguard against the harassment of defendants
Purpose: to protect reasonable expectations and demands of the parties
- Generally accepted principles of int’l law, by virtue of the incorporation
clause, form part of the laws of the land even if they do not derive from
treaty obligations.
- Elements for customary rules to be accepted as binding:
1. Established, widespread, consistent practice on the part of the States
2. Opinion as to law or necessity (practice in question is rendered
obligatory by the existence of a rule of law requiring it)
- Sec 48 Rule 39. Effect of foreign judgments.
a) Judgment upon specific thing, judgment is conclusive upon the title of
the thing
b) Judgment against a person, judgment is a presumptive evidence of a
right as bet the parties
 In either case, the judgment may be repelled by want of jurisdiction, want of
notice to the party, collusion, fraud, or clear mistake of law or fact.
LLDA v. CA
- TaskForce Camarin filed a letter-complaint with LLDA seeking to stop the
operation of open garbage dumpsite in Tala Estate due to its harmful effects.
- After investigation, LLDA issued a Cease and Desist Order ordering the City
Govt of Caloocan to stop dumping any kind of garbage. However, after
sometime, it resumed dumping.
- LLDA, with the assistance of PNP, enforced its Alias Cease and Desist
which prompt the City Govt of Caloocan to file with the RTC an action for
declaration of nullity of the cease and desist order and be declared as the
sole authority empowered to promote health and safety in Caloocan City.
- The Confederate States had an urgent need of ships to break this blockade,
to permit the import of munitions and attack northern shipping. To make
good their deficiency, they sent agents to Europe to buy warships.
- Alabama – confederate service
- Claims were for the increased cost of marine insurance, diminution in the
American carrying trade, loss of import and export business and economic
growth.
- Treaty of Washington Article VI – exercise due diligence
- A state can never plead a provision of, or lack of provision in, its internal law
or an act or omission of its executive power as a defence to a charge that it
has violated intl law.

SC:

- RA 4850 authorizes the LLDA to “make, alter, or modify order requiring the
discontinuance of pollution.” Assuming arguendo that the authority to issue a
“cease and desist order” were not expressly conferred by law to LLDA, the
ordinary requirements of procedural due process must yield to the
necessities of protecting vital public interests (through the exercise of police
power).
- UDHR and Alma Conference Declaration of 1978 recognize health as a
fundamental human right.
- Article II Sec 16 1987 Constitution

Alabama Arbitration Claims

- Alabama Arbitration took place in Geneva in 1871 to resolve claims made by
the US against Great Britain arising from Britain’s conduct as a neutral
during the American Civil War (1861-1865).
- Following the outbreak of war, Pres. Lincoln promptly declared a blockade of
all ports in the seceding confederate States.