Analysis (Lath)

Nacion, Mary Joyce B.
Situational Analysis
A. Determine the citizenship of the child with the following conditions. Explain your answer. (3
points each)
1. The child was born inside the Philippine Airlines of American parents under the US national
space
- Jus Sanguinis, because the both parents of the kid don't seem to be a citizen within the
Philippines. Therefore the child’s citizen is by virtue of her/his parents.
2. The parents are both Chinese and were naturalized as Filipino citizens and their child was born
in the Philippines
- Jus Sanguinis, because the both parents of the kid don't seem to be a citizen within the
Philippines. Therefore the child’s citizen is by virtue of her/his parents.
3. The child was born in Illinois of an Italian mother and Filipino father.
- Jus soli, the kid would be a U.S citizen because Illinois may be a country within the u. s.. And
it says here that legal principle could be a citizenship in accordance on the place of birth
Regardless on what the fogeys citizen are.
4. The father is a former American citizen and was naturalized as Filipino and the mother is
American citizen.
- Jus Sanguinis, the kid would be also a American citizen because his father is once an
American citizen and therefore the mother is pure American.
5. The child was born in a cruise ship that was docked in Japan of a Japanese father and Filipino
mother.
Jus soli, because despites of the oldsters citizenship the kid was born during a foreign country
which is Japan. - Jus soli, because an individual becomes a citizen of the state where he's born.
B. Analyze the scenario below and answer the questions (5 points each)
1. Mr. Santos is engaged in the business of restaurant business. In the year 2018, the Regional
Director of the Bureau of Internal Revenue issued a letter of authority to the BIR District Officer
in order to assess, review and to examine the books of accounts of Mr. Santos. Without any
preliminary assessment notice or any final demand issued to Mr. Santos, the BIR immediately
ordered the closure his. Is the BIR correct in immediately ordering the closure of the business of
Mr. Santos? Why?
Answer:
Yes, the BIR has the ability to shutdown his firm. The BIR seems to own the authority to
postpone or shutdown the business which can be lifted once the citizen agrees and pays the
consistent particularly when here could be a breach of the law.
2. Can hotels give out / release the names of their guests or other information to someone? Why
or why not? What law protects the guests from this situation.
Answer:
Absolutely not, all guests’ information is confidential and the hotel management is responsible
for any leak of sharing information with any party not unless to a policemen with has a search
warrant.
Republic Act No. 10173, otherwise known as the Data Privacy Act is a law that seeks to protect
all forms of information, be it private, personal, or sensitive. It is meant to cover both natural and
juridical persons involved in the processing of personal information.
3. Round the World Travel Services were engaged by AAA University to tour their students in
South Korea on April 15, 2020. However, the national government issued a travel ban in and out
of the country due to Covid-19. Some students are insisting to pursue the tour as all tour
inclusions are paid already. But, because of the travel ban, the tour was suspended. Was the
impairment of the Right to Travel unconstitutional? Why?
Answer:
Travelling from one place to a different is who is guaranteed right. However, there are cases
wherein that right are often impaired or restricted by the government
4. What are the 4 areas that covers maritime territory? What is the difference between Right of
Innocent Passage from Right of Involuntary Entrance?
Answer:
1)Territorial Sea
2)Contiguous Zone
3)Exclusive Economic Zone (EEZ)
4)Continental Shelf
Innocent passage may be a concept within the law of the ocean that permits for a vessel to submit
to the archipelagic and water of another state, subject to certain restrictions while Right of
involuntary entrance is that the right of any foreign merchant vessel to enter the body of water of
a state just in case of emergency like lack, of provision, un sea worthiness of the vessel,
inclement weather, pursuit of pirates, or other cataclysm
5. - 10 points
The 2012 Scarborough Shoal standoff was one of the factors that prompted the Philippines to file
a case against China. Tensions between the two countries escalated when Chinese surveillance
ships prevented Philippine authorities from apprehending Chinese vessels found poaching
endangered Philippine marine species at the shoal. Philippines brought the case before the
tribunal to dispute China’s claim of “indisputable sovereignty” over almost the entire South
China sea through its “nine-dash line” claim. The Arbitral Tribunal decides in favor of the
Philippines vs. China case over South China Sea.
Why do you think that the Philippines won the case? What is the importance of UNCLOS to the
West Philippine Sea dispute?
Answer:
The Philippines welcomed the grant which supported of their most claims and declared that it
had been still prepared to barter in handle China. China on the other-hand, dismissed the choice
as illegal, unlawful and void and as having no authority over it. The importance of world
organization Convention on the Law of the ocean (UNCLOS) in West naval battle dispute is to
supply a world framework for cover and preservation of the marine environment, with general
obligations to safeguard and preserve the marine environment, to deal with pollution damage and
contingency planning.

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Nacion, Mary Joyce B.

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