PLDC Motions 2023
PLDC Motions 2023
PLDC Motions 2023
Statute of limitations:
period of limitation for the
bringing of certain kinds of
legal action
VICTOR IN People vs THR the ruling Possibility vs Necessity Necessity low prosecution rate in
Ling Wai in People v. Seized Drug Size Beneficiality Beneficiality terms of drugs cases due
Tang, the Lung wai tang Practicality Practicality to strict rules of
Supreme procedure; purpose of
Court held procedure. statistics etc.
that the Pendency of corruption in
large the law enforcement.
quantity of
drugs seized
renders
unlikely the
possibility of
planting or
tampering
evidence.
IDA THW relax Strict Necessity: Paint the Necessity https:// https://
evidentiary adherence vs picture: PH is a corrupt www.doj.gov.ph/ www.officialgazette.gov.ph
rules on problem in government, ranked anti-graft- /2012/05/29/speech-of-
authentication corruption highest in the list. This laws.html senator-miriam-defensor-
of documents in How is an issue of santiago-explaining-her-
cases involving authentication transcendent verdict-on-chief-justice-
graft and affects importance that the renato-corona-may-29-
corruption validity/weight country needs to 2012/
of evidence address immediately.
Rigor of the rules vs
importance to address https://
the issue manilastandard.net/
Beneficiality: Make it Beneficially opinion/columns/
easier for officials to footnotes-by-tranquil-g-s-
review and file salvador-iii/314235102/
evidence. It is never authenticating-
easy to prosecute documents.html
corruption.
Practicality Practicality: May open Search for the rules on
a plethora of cases evidence in cases that
filed due to relaxed involves corruption
rules. Can cause
unnecessary/false
cases filed.
Documents can be
tampered with (?)
IDA On 10 TH supports the WoN this will Necessity Necessity https://doj.gov.ph/files/
February standard set by infringe on the Beneficiality Beneficiality 2023/DC_2023/DC
2023, Sec. the Dept power of the Practicality Practicality %20016%20dated
Boying Circular 008 in court to decide. %2024%20February
Remulla determining What is the %202023.pdf
issued Dept when a extent of
Circular 008 prosecutor "reasonable
which should file a certainty of
changed the criminal charge conviction"?
standard for before the MTC
when a
prosecutor
should file
criminal
charges at
the MTC
level from
"probable
cause" to
"reasonable
certainty of
conviction."
IDA THW require What kind of Necessity Necessity https:// Search: WHAT ARE THE
offenders, who felonies? Beneficiality Beneficiality www.scribd.com/ KINDS OF LIGHT OR LESS
are found guilty Cost Practicality Practicality document/ GRAVE FELONIES? is it ok na
of light or less Willingness 402771717/Crim- instead of imprisonment
grave felonies Repeat Law-grave- they go through a diversion.
or their Offenders Felonies-Less- (Same with rehabilitation
equivalents, to Grave-Light- motion)
undergo a Felonies-docx
diversion
program instead
of
imprisonment.
According to Gordon,
comprehensive economic
sanctions are justified on
utilitarian grounds in
cases where ‘the
economic hardship of the
civilian population of the
target country entails less
human harm overall, and
less harm to the
sanctioned population,
than the military
aggression or human
rights violations the
sanctions seek to prevent’
(Gordon, 1999, 133).
Beneficiality: Economic Beneficiality: Sanctions
Sanctions Produce publicly signal
Unintended international disapproval
Consequences to of the perpetrators and
Ordinary People and Non- their actions, potentially
Target Parties changing perpetrators’
The unintended self-perceptions.
consequences to non- Perpetrators’ sense of
target countries and “the rightness of their
parties, as well as the cause” is reaffirmed by
ordinary citizens and the passivity of
facets of the target bystanders, but called
countries, collectively into question in the face
represent the most of a challenge that frames
damning of all of the them as norms and rights
disadvantages of violators (Staub 1989;
economic sanctions. 1996; Des Forges 1999,
Analyst Dursun Peksen 26). Sanctions also affect
raised the question of the relationship between
whether or not sanctions perpetrators and their
compel governments to (potential) allies or
uphold human rights. partners. Framing
The results also showed perpetrators as
that sanctioned countries international pariahs
had created makes it harder for others
environments that were to support or do business
more detrimental to with them without also
human rights. This is true being similarly labeled
for extensive sanctions (Schneider 2000, 155-
and when compared to 156; Peterson and Drury,
partial or selective 2011).
sanctions. Multilateral
sanctions also had a
greater overall negative
impact on the civil and
innate human rights of
the citizens than
unilateral sanctions. Of
course, because these
sanctions affect the
economic direction of a
target country, their
implementation resulted
in an economic downfall
as evident from
unfavorable
macroeconomic
indicators. Myanmar was
one of the richest
countries in Southeast
Asia before the military
regime. Sanctions
effectively placed people
below the poverty line.
Corporate personhood
causes corporate
empowerment, granting
corporations excessive
influence over society.
Corporations use their
financial resources to
elect candidates who will
turn a blind eye to
corporations’
questionable business
dealings or will push the
agenda of private
companies.
Practicality Practicality
PLDC 2023 MOTIONS: ENVIRONMENT
ASSIGNED INFOSLIDE MOTION ISSUES RELEVANT LAWS AND ARGUMENTS SOURCES NOTES
JURISPRUDENCE
GOV OPP
MEHA In pursuing food agricultural RA 8178 , RA Necessity: it allows gain Necessity: sufficient https://
security, THBT decline, over 7581 , RA for farmers and SME's supply of basic www.officialgaz
developing import 10068 commodities ette.gov.ph/
countries lesser export , RA 7607 , RA prevents over constitutions/
should pursue filipino first 11203 importation of products allows easier trade of the-1987-
protectionist policy Article XII: goods constitution-of-
policies, rather imbalance in Section 2 1987 Beneficiality: promotes Beneficiality: in state of the-republic-of-
than trade economy, Constitution research and emergency, there is the-
liberalization, hoarding development of own sufficient supply of philippines/
for its price control produce commodities the-1987-
agricultural constitution-of-
industries allows more export than opens trade with various the-republic-of-
import , avoids countries the-philippines-
oversupply and wastage article-xii/
Practicality: increased Practicality: lessens cost FFTC
GDP, increased of products, lessens labor Agricultural
employment cost Policy Platform
https://
ap.fftc.org.tw ›
article
Republic Act
7607:
Empowering
Smallhold
Farmers in their
Economic
Endeavors
Official Gazette
of the Republic
of the
Philippines
https://
www.officialgaz
ette.gov.ph
NOREIN THW ban the Republic Act No. GENERAL QUESTION
cultivation of 7581 ON PROPERTY RIGHTS,
biofuel crops on LIMITATIONS
arable land that
could be used
to grow food
NOREIN As a general THW ban the POLICE POWER
rule, plant patenting of (standards, requisites
varieties seeds and other application)
cannot be agricultural
patented products
under the
Intellectual
Property
Code.
However,
under the
Philippine
Plant Variety
Protection
Act of 2002,
the
inventors of
plant
varieties
that are a)
New; b)
Distinct; c)
Uniform;
and d)
Stable are
given the
right to
produce,
reproduce,
sell or offer
for sale,
condition for
the prupose
of
propagation,
export,
import, and
stocking
ASSIGNED INFOSLIDE MOTION ISSUES RELEVANT LAWS AND ARGUMENTS SOURCES NOTES
JURISPRIDENCE
GOV OPP
GAUDWIN THW make it
illegal to
disclose
someone’s
gender identity
without their
consent.
GAUDWIN
ASSIGNED INFOSLIDE MOTION ISSUES RELEVANT LAWS AND ARGUMENTS SOURCES NOTES
JURISPRUDENCE
GOV OPP
MJ Ukraine has THW grant
a system of asylum to
conscription Ukrainian
for transwomen
individuals fleeing from the
who are war between
legally Ukraine and
classified as Russia even if
male, even they have not
if they are completed their
transitionin legal transition
g or have
transitioned
as trans
women.
Thus, unless
less
transwome
n have
completed
their legal
transition
(ie changing
their sex in
their birth
certificates
and other
documents),
they have to
be
conscripted
MJ THW allow
transgender
children to
obtain gender
affirming care
without
parental
consent
MJ THBT crimes
which are found
to be primarily
motivated by
the victim's
gender should
be punished
more severely.
ASSIGNED INFOSLIDE MOTION ISSUES RELEVANT LAWS AND ARGUMENTS SOURCES NOTES
JURISPRUDENCE
GOV OPP
SHEILA THBT the State
should pay
women for their
yet-
uncompensated
household labor
SHEILA THW recognize
sex work as a
legal profession
and provide
protections and
benefits similar
to other
professions.
MAE THW allow High Filipino First Necessity: (1) High Necessity: (1) High Origins of the
CIELO foreign unemployment Policy or Article unemployment rate of unemployment rate of Filipino First
professionals to /underemploy XII, Section 10 Filipinos – Philippines is Filipinos – The country Policy
work in the ment rate of 1987 resource rich but cash must give priority to (https://www.b
Philippines even Filipino first Constitution - poor, so it needs foreign Filipinos to boost worldonline.co
when the policy “…In the grant investors/professional employment, especially m/opinion/202
employer Protectionism of rights, who are willing to use for graduates who 2/02/22/43163
cannot prove privileges, and their money to make the worked hard to earn a 8/origins-of-
that there is no concessions most out of our degree as a qualification the-filipino-
qualified filipino covering the resources. Filipinos can’t for jobs. (2) High poverty first-mentality-
for the job national afford to produce and rate among Filipinos - This 2/)
economy and maintain a is due to high The Filipino
patrimony, the business/company of its underemployment and First Policy
State shall give own because they don’t unemployment. (3) Caused the
preference to have enough cash to Filipinos possess skills and Philippines to
qualified invest in our resources, so qualifications fit for most Fail
Filipinos.” they would rather work jobs – especially (https://correct
Republic Act abroad, be graduates, which implies philippines.org/
No. 1180 (June underemployed or that there is no need to filipino_first_fai
1954, President unemployed because of allow foreign l/)
Ramon lack of skills (2) Low gross professionals without
Magsaysay) – domestic product of the considering qualified
“No person Philippines – Philippines Filipinos.
who is not a do not engage much in
citizen of the the free market.
Philippines and Protectionism only makes
no association, our country improperly
partnership, or exhaust all our products,
corporation the and makes it difficult to
capital of which market our products in
is not wholly the open market freely
owned by due to limitations such as
citizens of the taxes. (3) Limited access
Philippines, to high technology –
shall engage Open market means open
directly or access to opportunities
indirectly in the and new technologies
retail Beneficiality: (1) Beneficiality: (1)
business… Aggressive foreign Protection of Local Job
without investment have worked Market - Restricting
well for other ASEAN foreign professionals can
license…” countries – It opens our help ensure that job
Manila Prince country to global network opportunities are
Hotel v. GSIS, and access to global prioritized for Filipino
G.R. 122156, market. This would citizens, which can be
Feb. 3, 1997 attract more foreign especially important in a
Alien investors and country with a significant
Employment professionals. The reason population and
Regulations the 40-percent limit is so employment challenges.
(DOLE- Bureau debilitating is that as long (2) Economic
of Local as votes in a company are independence – As a
Employment) pegged to the owner’s country rich in resources,
Foreign share, no foreign investor we don’t have to rely on
Investments will have control over his foreign professionals. This
Act money. This is particularly has been one of our
distressing in a country’s goals since our
developing country such political independence.
as the Philippines, where (3) Skills development
the economic climate is and increase in domestic
uncertain and the risks productivity - This can
are already high. help improve the skills
Foreigners are unlikely to and qualifications of the
invest millions of dollars if Filipino workforce,
they don’t have a say making them more
over how the money will competitive in the global
be spent. (2) It promotes job market in the long
productive business – Like run. (4) National Security:
in Hong Kong, it forced all In some cases, allowing
its industries to compete unrestricted access to
with the rest of the world foreign professionals
on their own merits and might raise concerns
on a completely equal about national security,
basis. Unlike particularly if the jobs in
protectionism, Hong Kong question have access to
is free to do productive sensitive information or
business. There are no critical infrastructure
foreign exchange (altho weak argument po
controls, and foreign ito XD)
companies are free to
take their profits out if
they choose. Taxes are
stable and minimal, with
none on capital gains and
a flat tax on corporate
profits. (3) It brings
training and technology
transfer which increase
domestic productivity.
Foreign investments
directed at the domestic
market benefit
consumers in terms of
competitive prices, higher
quality of goods and
services, and wider
choices. It brings in badly
needed technology. It
grows exports. It creates
jobs, and it generally also
develops a host of
industries that pop up to
serve the new investors.
Practicality: (1) Filipinos Practicality: (1) The work
don’t have to resort to environment would be
working abroad because better for employment
foreign investors are the where there is majority of
ones who will come to qualified Filipinos with
the country, willing to the same culture and
invest their money and practices. (2) It is a much
open the employment to better way to exhaust
Filipinos. Filipino talents, than
opening the market to
foreign professionals
which would require
more comprehensive
assessments.
ASSIGNED INFOSLIDE MOTION ISSUES RELEVANT LAWS AND ARGUMENTS SOURCES NOTES
JURISPRUDENCE
GOV OPP
MAE THBT courts
CIELO should consider
the systematic
oppression
faced by
women as a
mitigating
factor in
criminal
sentences for
violent crimes
committed
against their
abusers, even if
they have not
been diagnosed
with Battered
Woman
Syndrome
STEF THR the
emphasis on
the law on rape
on biology (ie
emphasizing in
some cases that
the penis
should be erect,
that it should
touch or
penetrate
certain parts of
the vulva, etc)
STEF In 2022, the THW
PCHR decriminalize
unequivocal abortion.
ly
articulated
its
recommend
ation for the
decriminaliz
ation of
abortion as
a priority
legislation
for the 19th
Congress.
ASSIGNED INFOSLIDE MOTION ISSUES RELEVANT LAWS AND ARGUMENTS SOURCES NOTES
JURISPRUDENCE
GOV OPP
JANELLA Autonomou THBT the IHL Principles of
s weapon international Distinction,
systems, as law should Proportionality,
the ICRC prohibit and Necessity
understands autonomous Additional
them, are weapons Protocol II o the
any systems (AWS) Martens Clause
weapons even if they can
that select reduce
and apply casualties in
force to warfare.
targets
without
human
intervention
.
JANELLA THW ban the
use of private
military
contractors in
armed conflicts
JANELLA Konoha is a THBT, in order
sovereign to suppress and
State that is dismantle the
being Akatsuki,
routinely Konoha's
attacked by military is
an Armed justified in
Non-State entering the
Actor territory of
named Amegakure
Akatsuki. without the
Konoha has latter's consent
reason to
believe that
Akatsuki has
its base of
operations
in
Amegakure,
another
sovereign
State.
Amegakure
has been
unable to
suppress
the Akatsuki
but has not
given any
material
support to
Akatsuki,
either.
Amegakure'
s population
also has
anti-Konoha
sentiment
and does
not consent
to Konoha's
military
entering its
borders. For
the purpose
of this
debate,
assume that
Konoha and
Amegakure
are parties
to the UN
Charter and
Geneva
Conventions
ASSIGNED INFOSLIDE MOTION ISSUES RELEVANT LAWS AND ARGUMENTS SOURCES NOTES
JURISPRUDENCE
GOV OPP
GENESIS THW abolish
the current
regime of
succession
(inheritance and
the
accompanying
estate taxes)
and instead,
institute a
system of
wealth
redistribution in
favor of the
poor.
GENESIS THS the global
minimum
corporate
income tax
GENESIS For the THP a
purposes of decentralized
this debate, income tax
a system for
"decentraliz individual
ed income income over a
tax sytstem" centralized
is one in income tax
which local system
government
units can set
their own
income tax
rates on
individuals.
This is
opposed to
a
centralized
income tax
system, in
which the
national
government
sets the
income tax
rates
nationwide