Philippine Bar review · Question

Practice question: Elements

Essay Hard Jurisprudence

Practice question

A large diaspora association elects leaders, adopts a constitution for its members and operates branches around the world. It claims that these organizational features alone establish a State. No territorial base or independent public government is identified. Evaluate the claim under Province of North Cotabato’s cited formulation.

Legal references

  • Province of North Cotabato v. GRP Peace Panel, G.R. No. 183591 et al., October 14, 2008, main decision: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/47263
  • Montevideo Convention on Rights and Duties of States, December 26, 1933, Articles 1 and 3: https://avalon.law.yale.edu/20th_century/intam03.asp

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