IL Second Sem 2015

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International Law

Transcript of IL Second Sem 2015

Ichong vs HernandezLao Ichong is a Chinese businessman who entered the country to take advantage ofbusiness opportunities herein abound (then) particularly in the retail business. ForsometimeheandhisfellowChinesebusinessmenenoyeda!monopoly"inthelocal market in #asay. $ntil in %une &'() when Congress passed the *+ &&,- or the*etail .rade /ationali0ation +ct the purpose of which is to reserve to Filipinos theright to engage in the retail business. Ichong then petitioned for the nulli1cation ofthe said +ct on the ground that it contravened several treaties concluded by the *#which2 according to him2 violates the e3ual protection clause (pacta sunt servanda).4e said that as a Chinese businessman engaged in the business here in the countrywhohelps intheincomegenerationof thecountryheshouldbegivene3ualopportunity.ISSUE: 5hether or not alawmayinvalidateor supersedetreatiesor generallyaccepted principles.HELD: 6es2 a law may supersede a treaty or a generally accepted principle. In thiscase2 there is no con7ict at all between the raised generally accepted principle andwith *+ &&,-. .he e3ual protection of the law clause !does not demand absolutee3uality amongst residents8 it merely re3uires that all persons shall be treated alike2under like circumstances and conditions both as to privileges conferred andliabilities enforced"8 and2 that thee3ual protectionclause!is not infringedbylegislation which applies only to those persons falling within a speci1ed class2 if itappliesaliketoall personswithinsuchclass2 andreasonablegroundse9ist formaking a distinction between those who fallwithin such class and those who donot."For the sake of argument2 even if it would be assumed that a treaty would be incon7ict with a statute then the statute must be upheld because it represented ane9ercise of the police power which2 being inherent could not be bargained away orsurrendered through the medium of a treaty. 4ence2 Ichongcan no longer assert hisright to operate his market stalls in the #asay city market.Gonzales vs HechanovaFacts: ;uring the termof #resident ;iosdado urma for the importation of rice withoutcomplying with the re3uisite of securing a certi1cation from the /ational ?conomicCouncil showing that there is a shortage in cereals or rice. 4ence2 the then?9ecutive @ecretary2 *u1no 4echanova2 authori0ed the importation of AB2--- tonsof rice from abroad to the detriment of our localplanters. *amon Con0ales2 thenpresidentoftheIloilo#alayandCorn#lanters+ssociationassailedthee9ecutiveagreements. Con0ales averred that 4echanova is without urisdiction or in e9cess ofurisdiction"2 because *epublic +ct D)(E prohibits the importation of rice and cornby !the *ice and Corn +dministration or any other government agency.ISSUE: 5hether or not *+ D)(E prevails over the E e9ecutive agreements enteredinto by