2017NATIONAL MOOT COURT COMPETITION

ON INTERNATIONAL HUMANITARIAN LAW

02 06 October 2017

Organized by:
PHILIPPINE RED CROSS
INTERNATIONAL COMMITTEE OF THE RED CROSS

In partnership with:
REPUBLIC OF THE PHILIPPINES COURT OF APPEALS

Hosted by:
University of the Philippines - Diliman

INTRODUCTION

The 2017 National Moot Court Competition on International Humanitarian Law (hereinafter
"National Competition") provides a venue for law students to become acquainted with and
proficient on IHL issues, including related conventions, principles, and jurisprudence, as this is
clearly of major concern to the lives of Filipinos. Furthermore, it offers an opportunity for
students to practice and hone their skills in the art of argumentation.

The general rounds, quarter-finals and semifinals will be held at the University of the
Philippines - College of Law BGC from 02 05 October 2017. The final round and awarding
ceremonies will be held at the Republic of the Philippines Court of Appeals on 06 October 2017.

The winning team will represent the Philippines in the 16th Red Cross International
Humanitarian Law Moot Court Competition to be held in Hong Kong in March 2018.

MOOT COURT RULES

I. THE NATIONAL MOOT COURT COMPETITION COMMITTEE

The National Moot Court Competition Committee (hereinafter "Committee") is composed of

representatives from the Philippine Red Cross(PRC), International Committee of the Red Cross
(ICRC) and Republic of the Philippines Court of Appeals (CA). The Committee shall have the
following functions and powers, to wit:

1. Organize the National Competition;

2. Set the Rules to govern the National Competition;
3. Amend, interpret and apply such Rules;
4. Appoint the Judges;
5. Provide the Moot Problem (hereinafter "Compromis");
6. Receive all the Memorials submitted by the participating teams;
7. Have the sole discretion in responding to any requests for clarification; and
8. Disqualify or penalize teams for violation of any of the Rules.

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 II. REGISTRATION AND FEE

A letter of invitation will be sent to the Deans of different law schools or heads of educational
institutions. The representative of the school shall inform the Committee of its intention to
participate in the National Competition by submitting the following:

A Letter of Intent, duly accomplished and signed by the team coach, and
A Certification Letter from the Dean attesting to the fact that the participants are currently
enrolled and not graduating by October 2018.

These documents must be submitted not later than 17 July 2017 through the following modes:

Email address : [email protected]

Postal address : 8th Floor IHL Office
Philippine Red Cross
37 EDSA corner Boni Avenue
Mandaluyong City

The participating schools are required to pay a Registration Fee of PhP5,000.00. The
fee is non-refundable. Payment should be deposited to:

Bank : Banco De Oro (BDO)

Account Name : Philippine Red Cross
Account Type : Savings Account
Account Number : 00453-0005383

Registration payment should be sent not later than 17 July 2017.The deposit slip should be sent via
email to [email protected]. Non-payment of the registration fee will nullify the team's
registration.

Duly registered teams will be entitled to the following:

Gold membership to PRC Insurance for one (1) year

Meals
Roundtrip airfare and hotel accommodation for two (2) participants, for teams from outside
Metro Manila

Each team must designate an official representative with contact details. Information given to
the representative shall constitute notice to the team.

The Registration Form will be sent to those teams which have signified their intention to
participate in the 2017 National Competition. The completely filled out registration form must
also be submitted on or before 17 July 2017.

III. PARTICIPATION AND ELIGIBILITY

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 A. Eligibility

A person may be a member of the team if he or she is:

1. Enrolled in the participating school/institution as of First Semester, Academic Year

2017-2018;
2. Not graduating by October 20181; and
3. Not a member of a team which has previously reached the final round of the National
Competition.

B. Team Composition

The participating school is allowed to send only one team to the Competition composed of two
(2) members and one (1) coach. The team members must satisfy the eligibility requirements
stated in III. A.

C. Team Anonymity

Schools will be assigned team numbers through their representatives. The participating teams
and their companions must not reveal their school affiliation to the judges for the entire duration
of the National Competition, whether intentionally or inadvertently, such as by using their
school jackets, pins, ID laces or other similar items which bear the school colors, name, initials,
logo, or slogan. This Rule is intended to maintain the impartiality of the judges.

IV. THE COMPROMIS AND CLARIFICATIONS

A. Compromis

The Committee will release the Compromis on 17 July 2017. All correspondence and any other
materials will be sent through the teams official email stated in the registration form submitted.

B. Clarifications

Teams may submit written requests for clarification not later than 18 August 2017.A request
for clarification must be accompanied by a brief explanation of the material significance of the
same. Clarifications must not be requested to obtain facts other than those already contained in
the Compromis.

The Committee shall determine the necessity of responding to the request for clarification and
shall respond as it deems fit. Clarifications issued shall be considered part of the Compromis and
will be sent to all team representatives.

V. THE MEMORIALS

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To assure the teams eligibility to represent the Philippines in the 16thHong Kong Red Cross Moot Court
Competition

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A. Submission of Memorials

Each team participating in the Competition is required to prepare and submit Prosecution and
Defense Memorials on the Compromis which MUST BE RECEIVED BY THE
SECRETARIAT ON OR BEFORE 5:00 PM OF 25 AUGUST 2017. Memorials submitted to
and received by the Secretariat beyond the specified period will be given the corresponding
point deduction(s).

The Teams are required to submit twelve (12) hard copies of their Prosecution and Defense
Memorials through personal delivery, courier or similar express mail service to:

Postal address: 8th Floor IHL Office

Philippine Red Cross
37 EDSA cor. Boni Avenue, Mandaluyong City

Teams must likewise send via electronic mail a copy of each Memorial to
[email protected] in Microsoft Word format (.docx) on or before 25 August 2017.
The file name must bear the schools team number and side (Format:21Prosecution.doc,
21Defense.doc).

Revisions to the Memorials shall not be allowed once submitted.

Delay in the submission of Memorials shall incur a penalty equivalent to ten (10) points for
every day of delay, up to a maximum of thirty (30) points. A fraction of a day shall be
considered as one day.

B. Format of Memorials

All parts of the Memorial must be in Times New Roman, Size 12,with 1 line spacing and
printed on standard short bond paper (8 x 11). Quotations and footnotes shall have the same
format but with single line spacing except between separate footnotes. The Memorials must have
corresponding page numbers in the following format: Page 1 of X.

The Memorials must be stapled on the upper left side.

The Cover Page, Table of Contents, and Index of Authorities must be double-spaced.

The Pleadings section of each Memorial, including the Statement of Facts, Summary of
Arguments, Conclusion/Prayer for Relief and citations, shall not exceed 4,000 words. Words in
excess of the maximum shall have a corresponding deduction in the teams Memorial score, to
wit:

1-50 words, deduction of 5 points

51-100 words deduction of 10 points
101-200 words, deduction of 20 points

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 Over 200 words, deduction of 30 points

C. Parts of the Memorial

1. Cover Page

The cover page should only bear the following information:

The team number followed by Prosecution for the Prosecution Memorial (Format:
21Prosecution) or Defense for the Defense Memorial (Format: 21Defense). This must
be indicated on the upper right corner of the cover page
Title of the case
Month of the Competition (Format: October 2017)

2. Table of Contents

The Table of Contents must list all the contents of the Memorial, including the headings and
sub-headings.

3. Index of Authorities

The Index of Authorities provides a list of the authorities cited in the Memorial, i.e., laws,
commentaries, cases, and other articles used as references.

The list must be segregated according to type of source (i.e. treaties, judicial decisions, etc.), and
alphabetically arranged within each category. It must specify the pages in the Memorial where
each authority is cited.

4. Statement of Facts

The Statement of Facts in narrative form contains the stipulations and inferences in the
Compromis. It must present the facts found in the Compromis in a form according to the teams
position without adding or distorting the facts or making unreasonable inferences therein.

5. Summary of the Pleadings

The Summary of the Pleadings provides a substantive summation of the arguments presented in
the Memorial. It should not be a reproduction of the headings and sub-headings found therein.
To be effective, it must present the arguments concisely and direct to the point, preferably in no
more than two sentences.

6. Pleadings (Body of the Memorial)

This is the core of the Memorial. The Pleadings contain the arguments, position, or standpoint of
the team. It provides the law and jurisprudence on which the arguments are founded.

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 7. Conclusion/Prayer for Relief

The Conclusion/Prayer for Relief states the remedy the team is asking the Court to order. This is
not to be used for presenting new information or as the summation of the teams case.

D. Research and Assistance

The team members shall solely be responsible for the research, writing, and editing of the
Memorials. However, student-researchers may assist a team in the preparation of the Memorials.

The coach may provide advice to the team but it must be limited to:

a general discussion of the issues;

consultations on oral argumentation techniques;
suggestions on research materials and sources; and
comments on argumentation structure.

VI. THE PAIRING PROCEDURES

The pairing of teams for the general rounds as Prosecution or Defense shall be determined
through a random draw by the Committee. The Committee has the power to adjust the pairing in
order to account for absentee teams or other contingencies.

No team shall compete against the same team twice in the general rounds.

The Memorials of the opposing teams will be distributed on 3 October 2017.

VII. THE ORAL HEARING PROCEDURES

A. The Rules applicable to all the rounds

1. Each team shall consist of a first counsel and a second counsel, as designated by the
team.

2. The order for the oral arguments is as follows:

Prosecution1
Prosecution 2
Defense1
Defense 2
Rebuttal, if any (Prosecution1 or 2)
Surrebuttal, if any (Defense1 or 2)

3. Each team is given a total of 40 minutes to speak, allocated as follows:

30minutes to be distributed between the first and second counsel
Maximum of 10 minutes for rebuttal (Prosecution) or surrebuttal (Defense)

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 4. Entry of appearance. After introductions, the first counsel shall indicate at the start how
long each counsel will speak and the time allotted for the rebuttal or surrebuttal. The time
of the first counsel shall begin from the entry of appearance.

5. Time Limitations. The remaining time in the oral arguments, if any, may not be used to
extend the time allocated for rebuttal or surrebuttal. Neither can the time allocated for
rebuttal or surrebuttal be used to extend the time for oral arguments.

6. Rebuttal may be waived. If the Prosecution waives the rebuttal, the Defendant shall not
appear for surrebuttal.

7. A counsel may ask the Court for an extension before the end of his/her designated time.
The Court has the discretion whether to allow such request for extension.

8. There will be a timekeeper who will notify the counsels when they have:
5 minutes left
1 minute left
30 seconds left
no time left

9. Any communication at the counsel table shall be in writing to prevent disruption. The
team members must avoid any noise or inappropriate behavior which may disturb the
proceedings.

10. Team members are not allowed to communicate with the audience or their respective
coaches.

11. During the general and quarter-final rounds, team supporters are only allowed to observe
the matches in which the school they are affiliated with is competing. The semi-final and
final rounds are open to everyone.

12. Participants and members of the audience are not allowed to use electronic devices such
as laptops, tablets, handheld computers, mobile phones, mp3 players, cameras, recorders
and other similar gadgets during the rounds.

B. Rebuttal and Surrebuttal

The Prosecution's Rebuttal shall be limited to the points raised in the Defendant's Oral
Presentations. The Defendant's Surrebuttal shall be limited to the points raised in the
Prosecution's Rebuttal. Any infraction of the foregoing shall incur deductions of up to ten
(10) points from the total team score in the round.

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C. The General Rounds

All participating teams that have submitted their Memorials shall participate in the General
Rounds. Each team shall argue twice in the General Rounds, once as Prosecution and once as
Defense, on 4 October 2017.

D. The Quarter-final Round

The top eight (8) teams in the general round, based on their aggregate scores in the oral rounds
and their Memorials, shall advance to the quarter-final round, which will be held in the morning
of 5 October 2017.

Two brackets (Brackets A and B) will be created. The pairings for the quarter-final round shall
be determined based on their general round rankings, as indicated in Figure 1 below.

Figure 1.

Bracket A Bracket B
Ranked 1st Ranked 3rd Ranked 2nd Ranked 4th Quarterfinals
vs. ranked 8th vs. ranked 6th vs. ranked 7th vs. ranked 5th 4 simultaneous matches

QF Winner 1 QF Winner 2 QF Winner 3 QF Winner 4

Finalist 1 Finalist 2

The sides will be determined by a coin toss. The winner of the toss shall be given the
opportunity to choose their side.

The four (4) winners in the quarter-final round shall advance to the semi-final round.

E. The Semi-final Round

The winners in the quarter-final round shall compete in the semi-final round, according to their
brackets, as indicated in Figure 2 below.

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Figure 2.

Bracket A Bracket B

QF Winner 4
Semi-finals
QF Winner 1 QF Winner 2 QF Winner 3
2consecutive matches

SF Winner 1 SF Winner 2

The sides will be determined by a coin toss. The winner of the toss shall be given the
opportunity to choose their side.

The semi-final round shall be held in the afternoon of 5 October 2017 at the University of the
Philippines - College of Law.

The Final Round

The two winners in the semi-final round shall compete against one another in the final round, as
indicated in Figure 3 below.

Figure 3.

Bracket A Bracket B

SF Winner 1 SF Winner 2 Final Round

The final round shall be held in the morning of 6 October 2017 at the En Banc Session Hall of
the Court of Appeals.

The team which will argue as Prosecution or Defense shall be determined by a coin toss. The
winner of the toss shall be given the opportunity to choose their side.

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VIII. COMPETITION SCORING

The scoring shall consist of two parts:

The scoring of the Memorials;

The scoring of the Oral Rounds.

A. Scoring of Memorials

Each Memorial shall be assessed by at least two judges, one of whom is a current or former
judge / lawyer / law professor or an expert in International Humanitarian Law.

Each judge shall score a Memorial on a scale of fifty (50) to one hundred (100) points. The
average of the scores given by the judges will be the final score of a Memorial.

B. Scoring of the Oral Rounds

The oral presentations in the general, quarter-final, semi-final and final rounds shall be evaluated
by at least three judges. At least one judge in the general rounds and two in the quarter-final,
semi-final and final rounds shall be a current or former judge / lawyer / professor or an expert in
International Humanitarian Law.

In each of the general, quarter-final, semi-final, and final rounds, the maximum score for each
counsel shall be 200 and the maximum score for each team shall be 400.

C. Scores per Round

For each round, the teams aggregate score out of 500 shall be determined by combining its
Memorial score with the two oral presentation scores, pursuant to the above rules.

D. Tie-Breaking Procedure

In case of a tie for a particular slot in the quarter-final round, the team that has the highest
average score for its oral presentations in the general rounds shall proceed to the next round.

In the event that the tie is still not decided, the team whose first counsel has the highest average
score for his or her oral presentations in the general round shall qualify for the quarter-final
round.

E. Finality of Judging

The scores given by the judges, as computed and verified by the official tabulators, shall be
final.

F. Tabulators

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 The PRC shall designate the official tabulators for the National Competition.

IX. PENALTIES

A. Memorial Penalties

The Memorial penalty shall be deducted from the Memorial's final score.

The Committee shall notify the teams of the imposed penalties prior to the general round. The
deadline for filing an appeal is on or before 2 October 2017.

No further appeal is allowed after a final decision is made by the Committee.

RULE SUMMARY PENALTY

10 points for every day of delay
V. A. Late submission of memorial
(maximum of 30 points)
V. B. Use of incorrect size/format 1 point per violation, up to a maximum of 10 points
1-50 words in excess, deduction of 5 points
51-100 words in excess, deduction of 10 points
V. B. Excessive length of pleadings 101-200 words in excess, deduction of 20 points
Over 200 words in excess, deduction of 30
points
Failure to include the
V. C. 1. necessary information in the 2 points (one-time penalty)
Cover Sheet
III.C. Violation of Anonymity 10 points (one-time penalty)
Other violations of memorial
V. 2 points (one-time penalty)
format requirements

B. Oral Round Penalties

RULE SUMMARY PENALTY

III.C. Violation of Anonymity 10 points
VII. A.8-9 Disruptive noise, inappropriate behavior, 10 points
prohibited communication
VII. A.10 Scouting 10 points
VII. A.11 Use of prohibited electronic devices during the 10 points
rounds
VII. B. Exceeding the allowed scope of the Rebuttal or Maximum of 10 points
Surrebuttal

C. Other Penalties

RULE SUMMARY PENALTY

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 III.C. Violation of Anonymity 10 points
5 points for every
IX. G. Other penalties (absences and tardiness)
infraction

D. Complaint Procedure

A complaining team must submit a written notification to the Committee within fifteen (15)
minutes from the conclusion of the oral round, if they will allege that any violations have been
committed. The notice must specify clearly the violation and the parties involved. Failure to
follow this procedure shall result in the nullification of the teams complaint.

Reports of alleged violations may also be received by the Committee from assigned bailiffs,
judges and members of the organizing group.

The Committee's decision on the complaint shall be final.

E. Judges prohibited from deducting penalties

Only the Committee shall deduct penalties from the scores of the oralists. The judges shall score
the round as if no violation was committed by the oralists.

F. Notice of Penalties

The Committee shall notify the teams of the Memorial penalty they incurred prior to the General
Round.

The Committee shall likewise notify the teams of any Oral Round Penalties they incurred.

G. Other Penalties

Attendance in all activities is mandatory. Absence or tardiness by any of the team members in
any of the activities lined up for the duration of the Competition will result in a five (5) point
deduction, for every infraction.

Teams which abandon the competition without valid cause shall be disqualified from joining
subsequent competitions, and shall be required to reimburse accommodation and travel
expenses. For this purpose, abandonment is defined as leaving the competition premises with no
intention to return or finish the competition.

X. AWARDS

The winning team in the Final Round shall be awarded the National Moot Court Cup and will
represent the Philippines in the 2018 Hong Kong Red Cross IHL Moot Court Competition.

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 The top three (3) highest scoring counsels in the oral hearings of the general rounds will be
awarded certificates as 1st, 2nd, and 3rd Best Mooters, respectively. The highest ranking oralist in
the general rounds will be awarded the Justice Ines Luciano Best Mooter Award.

The other teams which entered the quarter-final and semi-final rounds shall be given Plaques of
Recognition.

The Prosecution Memorial and Defense Memorial with the highest scores shall be adjudged as
the Best Memorials for the National Competition.

XI. INTERPRETATION OF RULES

The Committee shall have absolute discretion to resolve any issues concerning the
interpretation of rules

TIMELINE

DATE ACTIVITY
17 July 2017 Deadline for the submission of letters of intent, certification letters
from the Dean and the registration fee

Deadline for submission of registration forms

17 July 2016 Release of the Compromis

18 August 2017 Deadline for submission of written requests for clarifications

regarding the Compromis

25 August 2017 Deadline for submission of memorials

30 August 2017 Late submission of memorials (with corresponding deductions)

02 October 2017 Briefing and IHL Talk for participating teams

Welcome dinner

03 October 2017 IHL Role Play Challenge

Exchange of memorials
04 October 2017 General Rounds
05 October 2017 Quarter-final Rounds
Semi-final Rounds
06 October2017 Final Round
Awarding ceremony

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