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AllBar 2024POLITICAL AND PUBLIC INTERNATIONAL LAWIII. EXECUTIVE DEPARTMENTG. Diplomatic Power (1987 Constitution, Art. VII, secs. 16 and 21)

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Question

The Subject: Executive Department
The Topic: Diplomatic Power (1987 Constitution, Art. VII, secs. 16 and 21)

In the exercise of its diplomatic power, the Executive Department of the Philippine government is responsible for representing the country in its foreign relations and negotiations with other sovereign states. It plays a crucial role in protecting and advancing the interests of the nation on the international stage.

Given the constitutional provisions on the diplomatic power of the Executive Department, consider the following scenario:

Scenario:

  1. Juanito, a high-ranking official from a foreign country, visits the Philippines on an official diplomatic mission. During his stay, he is involved in a car accident that leads to the death of a local resident. The victim's family files a lawsuit seeking damages.
  2. Meanwhile, a territorial dispute between the Philippines and a neighboring country escalates, raising tensions in the region. The President, exercising his diplomatic power, decides to engage in negotiations with the neighboring country to peacefully resolve the dispute.

Based on the given scenario, answer the following:

  1. What is the legal principle governing the immunity of Juanito from the lawsuit filed by the victim's family? Explain.
  2. Discuss the constitutional basis for the President's authority to engage in diplomatic negotiations and resolve territorial disputes.

Answer

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