PNRC 2013 NMCC Rules and Forms

7/30/2019 PNRC 2013 NMCC Rules and Forms

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2013 NATIONAL MOOT COURT COMPETITION

ON INTERNATIONAL HUMANITARIAN LAW

L E T T E R O F I N T E N T

To the Organizing Committee:

This serves as an unequivocal intention of our school to join the 2013 National Moot Court Competition on

International Humanitarian Law to be held on 18-22 November 2013.

We clearly indicate that:

1. We are declaring our schools intention to join the said competition; and

2. We agree to abide by all the mechanics and rules finalized by the organizing committee in relation

thereto.

Name of School:

Address:

Name of Dean:

Email Address:

Trunk Line # Direct Line #

Fax # Cellphone #

Contact Person (for coordination purposes):

Position:

Email Address:

Direct Line # Fax#

Cellphone #Other Contact Details:

Prepared by: Approved by:

Signature : _____________________ Signature : _____________________

Printed Name : _____________________ Printed Name : _____________________

Position : _____________________ Position : _____________________

Date : _____________________ Date : _____________________

For the Organizers:

Date Received : _____________________

Received by : _____________________

Remarks:_________________________________________________________________________________

_________________________________________________________________________________________

_________________________________________________________________________________________

_


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2013 NATIONAL MOOT COURT COMPETITIONON INTERNATIONALHUMANITARIAN LAW

November 18-22, 2013Organized by:

Philippine Red Cross and the International Committee of the Red CrossIn cooperation with:

Supreme Court of the PhilippinesHosted by:

University of the Philippines- College of Law

REGISTRATION FORM

This serves as an unequivocal participation of our school in the 2013 National Moot Court Competition onInternational Humanitarian Law (IHL). We clearly attest that we have read and understood the generalmechanics and rules and we agree to abide by all the mechanics and guidelines.

Team Details:

Name of School:

Name of First Counsel:Present year level: Gender:Name of Debate/Moot Societyaffiliated with:

a)b)

Name of SecondCounsel:

Present year level: Gender:Name of Debate/Moot Societyaffiliated with:

a)b)

Alternate/Researcher: Present year level: Gender:

Name of Debate/Moot Societyaffiliated with:

a)b)

Name of Coach:Designation: Gender

For Teams from outside Metro Manila:

Will your alternate be staying in the same hotel where the team is billeted? ( ) Yes ( ) No ( ) NoAlternate(Note:Alternate/Researchers who decides to stay with their team in the sane hotel will be responsible for allexpenses)

For Teams taking a Plane:Date of flight to Manila: 2013 Time : _am / pmDate of return flight: 2013 Time : _am / pm

(Note: The Secretariat reserves the right to book the participants to any of the following airlines: PAL, CP and APetc.)

For Teams taking the Bus:Date and time of arrival in Manila:Date and time of departure in Manila:

Noted by:Dean

Email registration form [email protected]

Date:
mailto:[email protected]:[email protected]:[email protected]:[email protected]


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2013 NATIONAL MOOT COURT COMPETITIONON INTERNATIONAL HUMANITARIAN LAW

18-22 November 2013

Organized by t he:

PHILIPPINE RED CROSSINTERNATIONAL COMMITTEE OF THE RED CROSS

In par t nership wi t h theSUPREME COURT OF THE PHILIPPINES

Host ed by t he:

University of the Philippines College of Law

INTRODUCTION

The 2013 National Moot Court Competition on International Humanitarian Law(hereinafter "National Competition") provides a venue for law students to become

acquainted and proficient in IHL issues, including related conventions, principles, andjurisprudence, as this is clearly of major concern to peoples lives. Furthermore, itoffers an opportunity for students to practice and hone their skills in the art ofargumentation.

The general rounds, quarterfinals and semifinals will be held at University of the

Philippines College of Law, on the 20th and 21st of November 2013. The final roundand awarding ceremonies will be held at the Supreme Court En Banc Session Hall on

the 22nd of November 2013.

The winning team will represent the Philippines in the 12th Red Cross International

Humanitarian Law Moot Court Competition to be held in Hong Kong, in March 2014.

MOOT COURT RULES

I. THE NATIONAL MOOT COURT COMPETITION COMMITTEEThe National Moot Court Competition Committee (hereinafter "Committee") iscomposed of representatives from the Philippine Red Cross (PRC), InternationalCommittee of the Red Cross (ICRC) and Supreme Court of the Philippines (SC). TheCommittee 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; and8. Disqualify or penalize teams for violation of any of the Rules.

II.

REGISTRATION AND FEE

A letter of invitation will be sent to the Deans of different law schools or heads ofeducational institutions. The representative of the school shall inform the Committee


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of its intention to participate in the National Competition by submitting thefollowing:

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 participantsare currently enrolled and not graduating by October 2014.

These documents must be submitted not later than 26 July 2013 through thefollowing modes:

Email address :[email protected]

Postal address : Philippine Red Cross - IHL OfficeBonifacio Drive, Port Area, Manila

The participating schools are required to pay a Registration Fee of PhP4,500.00. The fee is non-refundable. Payment should be deposited to:

Bank : Banco De Oro (BDO)Account Type: : Savings AccountAccount Name : PNRC ICRC Communication and DisseminationAccount Number : 453 001 042 5

Registration payment should be sent not later than 30 August 2013. The deposit slip

should be sent via email to [email protected]. Non-payment of registration fee

will nullify the team's registration.

Duly registered teams will be entitled to the following:

Gold membership to the PRC Insurance for one (1) year

Meals

Roundtrip airfare and hotel accommodations for two (2) participants, for teamsfrom 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 theirintention to participate in the 2013 National Competition. The completely filled upregistration form must also be submitted on or before 30 August 2013.

III. PARTICIPATION AND ELIGIBILITYA. EligibilityA person may be a member of the team if he or she is:

1. Enrolled in the participating institution as of First Semester, academic year2013-2014;
mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]


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2. Not graduating by October 20141; and

3. Not a member of a team which has previously reached the final round of theNational Competition.

B. Team CompositionThe participating school is allowed to send only one team to the Competitioncomposed of two (2) members and one (1) coach. The team members must satisfythe eligibility requirements stated in III.A.

C. Team AnonymitySchools will be assigned team numbers through their representatives on or before

3 September 2013. 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 CLARIFICATIONSA. CompromisThe Committee will release the Compromis in June 2013. All correspondence andany other materials will be sent through the teams official representative, and may

be downloaded from the PRC website (www.redcross.org.ph) and the officialNational Moot Court Competition Facebook page(www.facebook.com/IHLmootcourtPHL).

B. ClarificationsTeams may submit written requests for clarification not later than 7 September2013. A request for clarification must be accompanied by a brief explanation of thematerial significance of the same. Clarifications must not be requested to obtainfacts other than those already contained in the Moot Problem.

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

V. THE MEMORIALSA. Submission of MemorialsEach team participating in the Competition is required to prepare and submitProsecution and Defense Memorials on the Compromis which MUST BE RECEIVED BY

THE SECRETARIAT ON OR BEFORE 5:00 PM OF 1 OCTOBER 2013. Memorials

1To assure the teams eligibility to represent the Philippines in the 12

thHong Kong Red Cross Moot Court

Competition
http://www.facebook.com/IHLmootcourtPHL)http://www.facebook.com/IHLmootcourtPHL)


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submitted to and received by the Secretariat beyond the specified date will be giventhe corresponding point deduction(s).

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

Postal address: Philippine Red Cross - IHL OfficePRC National HeadquartersBonifacio Drive, Port Area, Manila

Teams must likewise send via electronic mail a copy of each Memorial [email protected] in Microsoft Word format (.doc) on or before 1 October2013. 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 aday shall be considered as one day.

B. Format of MemorialsAll parts of the Memorial must be in Times New Roman, Size 12, with 1 line spacingand printed on standard short bond paper (8 x 11). Quotations and footnotes shallhave the same format but with single line spacing except between separatefootnotes. The Memorials must have corresponding page numbers in the followingformat: 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 Summary of Arguments,

Conclusion/Prayer for Relief and citations, shall not exceed 2,000 words. Words inexcess of the maximum shall have a corresponding deduction in the teams Memorialscore, to wit:

1-50 words, deduction of 5 points

51-100 words deduction of 10 points

101-200 words, deduction of 20 points

Over 200 words, deduction of 30 points

C. Parts of the Memorial1. 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 coverpage
mailto:[email protected]:[email protected]:[email protected]


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Title of the case

Month of the Competition (Format: November 2013)

2. Table of ContentsThe Table of Contents must list all the contents of the Memorial, including the

headings and sub-headings.

3. Index of AuthoritiesThe 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, judicialdecisions, etc.), and alphabetically arranged within each category. It must specifythe pages in the Memorial where each authority is cited.

4. Statement of FactsThe Statement of Facts in narrative form contains the stipulations and inferences inthe Compromis. It must present the facts found in the Compromis in a form accordingto the teams position without adding or distorting the facts or making unreasonableinferences therein.

5. Summary of the PleadingsThe 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 conciselyand 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, orstandpoint of the team. It provides the law and jurisprudence on which thearguments are founded.

7. Conclusion/Prayer for ReliefThe Conclusion/Prayer for Relief states the remedy the team is asking the Court toorder. This is not to be used for presenting new information or as the summation ofthe teams case.

D. Research and AssistanceThe team members shall solely be responsible for the research, writing, and editingof the Memorials. However, student-researchers may assist a team in the preparationof 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


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comments on argumentation structure.

VI. THE PAIRING PROCEDURESThe pairing of teams for the general rounds as Prosecution or Defense shall bedetermined 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 19 November 2013.

VII. THE ORAL HEARING PROCEDURESA. 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:

Prosecution 1

Prosecution 2

Defense 1

Defense 2

Rebuttal, if any (Prosecution 1 or 2)

Surrebuttal, if any (Defense 1 or 2)

3. Each team is given a total of 40 minutes to speak, allocated as follows: 30 minutes to be distributed between the first and second counsel

Maximum of 10 minutes for rebuttal (Prosecution) or surrebuttal (Defense)

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

5. Time Limitations. The remaining time in the oral arguments, if any, may notbe used to extend the time allocated for rebuttal or surrebuttal. Neither canthe time allocated for rebuttal or surrebuttal be used to extend the time fororal arguments.

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

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


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9. Any communication at the counsel table shall be in writing to preventdisruption. The team members must avoid any noise or inappropriate behaviorwhich 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 allowedto observe the matches in which the school they are affiliated with iscompeting. The semi-final and final rounds are open to everyone.

12.Participants and members of the audience are not allowed to use electronicdevices such as laptops, tablets, handheld computers, mobile phones, mp3players, cameras, recorders and other similar gadgets during the rounds.

B. Rebuttal and SurrebuttalThe Prosecution's Rebuttal shall be limited to the points raised in theDefendant's Oral Presentations. The Defendant's Surrebuttal shall be limited tothe points raised in the Prosecution's Rebuttal. Any infraction of the foregoingshall incur deductions of up to ten (10) points from the total team score in theround.

C. The General RoundsAll participating teams that have submitted their Memorials shall participate in the

General Rounds. Each team shall argue twice in the General Rounds, once asProsecution and once as Defense, on 20 November 2013.

D. The Quarterfinal RoundThe top eight (8) teams in the general round, based on their aggregate scores in the

oral rounds and their memorials, shall advance to the quarterfinal round, which will

be held in the morning of21 November 2013.

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

Figure 1.

Bracket A Bracket B

Ra1nkveds.1s8tvs. ranked 8th

Ra3nkveds.3r6d

vs. ranked 6th

Ra2nkvesd.2n7d

vs. ranked 7th

Ra4nkvesd.4t5h

vs. ranked 5th

Quarterfinals

4 simultaneous matches

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


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Finalist 1 Finalist 2

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

The four (4) winners in the quarterfinal round shall advance to the semifinal round.

E. The Semifinal RoundThe winners in the quarterfinal round shall compete in the semifinal round, accordingto their brackets, as indicated in Figure 2 below.


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Figure 2.

Bracket A Bracket B

1 vs. 8 3 vs. 6 2 vs. 7 4 vs. 5

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

2 consecutive matches

SF Winiannliesrt1 SF Winiannliesrt2

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

The semifinal round shall be held in the afternoon of 21 November 2013 at theUniversity of the Philippines College of Law.

The Final Round

The two winners in the semifinal round shall compete against one another in the finalround, as indicated in Figure 3 below.

Figure 3.

Bracket A Bracket B

1 vs. 8 3 vs. 6 2 vs. 7 4 vs. 5

SF Winiannliesrt1 SF Winiannliesrt2 Final Round

The final round shall be held in the morning of22 November 2013 at the SupremeCourt En Banc Session Hall.

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

VIII. COMPETITION SCORINGThe scoring shall consist of two parts:

The scoring of the Memorials;

The scoring of the Oral Rounds.


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A. Scoring of MemorialsEach Memorial shall be assessed by at least two judges, one of whom is a current orformer judge / lawyer / law professor or an expert in International HumanitarianLaw.

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 RoundsThe oral presentations in the general, quarterfinal, semifinal and final rounds shallbe evaluated by at least three judges. At least one judge in the general rounds andtwo in the quarter-final, semi-final and final rounds shall be a current or formerjudge / lawyer / professor or an expert in International Humanitarian Law.

In each of the general, quarterfinal, semifinal, 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 RoundFor each round, the teams aggregate score out of 500 shall be determined bycombining its Memorial score with the two oral presentation scores, pursuant to theabove rules.

D. Tie-Breaking ProcedureIn case of a tie for a particular slot in the quarterfinal round, the team that has thehighest average score for its oral presentations in the general rounds shall proceed tothe next round.

In the event that the tie is still not decided, the team whose first counsel has thehighest average score for his or her oral presentations in the general round shallqualify for the quarterfinal round.

E. Finality of JudgingThe scores given by the judges, as computed and verified by the official tabulators,

shall be final.

F. TabulatorsThe PRC shall designate the official tabulators for the National Competition.

IX. PENALTIESA. Memorial PenaltiesThe Memorial penalty shall be deducted from the Memorial's final score.

The Committee shall notify the teams of the imposed penalties prior to the generalround. The deadline for filing an appeal is on or before 7 October 2013.

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


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RULE SUMMARY PENALTY

V. A.Late submission of

memorial10 points for every day of delay(maximum of 30 points)

V. B.Use of incorrectsize/format

1 point per violation, up to a maximum of 10points

V. B.Excessive length ofpleadings

1-50 words in excess, deduction of 5 points 51-100 words in excess, deduction of 10

points

101-200 words in excess, deduction of 20points

Over 200 words in excess, deduction of 30points

V. C. 1.Failure to include thenecessary information inthe Cover Sheet

2 points (one-time penalty)

III. C. Violation of Anonymity


V.Other violations ofmemorial formatrequirements


B. Oral Round PenaltiesRULE SUMMARY PENALTYIII. C. Violation of Anonymity 10 points

VII. A.8-9 Disruptive noise, inappropriate behavior,prohibited communication

10 points

VII. A.10 Scouting 10 pointsVII. A.11 Use of prohibited electronic devices during

the rounds10 points

VII. B. Exceeding the allowed scope of the Rebuttalor Surrebuttal

Maximum of 10 points

C. Other PenaltiesRULE SUMMARY PENALTYIII. C. Violation of Anonymity 10 points

IX. G. Other penalties (absences and tardiness) 5 pointsinfraction

for every

D. Complaint ProcedureA complaining team must submit a written notification to the Committee withinfifteen (15) minutes from the conclusion of the oral round, if they will allege thatany violations have been committed. The notice must specify clearly the violationand the parties involved. Failure to follow this procedure shall result in thenullification of the teams complaint.

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

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


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E. Judges prohibited from deducting penaltiesOnly the Committee shall deduct penalties from the scores of the oralists. The judgesshall score the round as if no violation was committed by the oralists.

F. Notice of PenaltiesThe Committee shall notify the teams of the Memorial penalty they incurred prior tothe General Round.

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

G. Other PenaltiesAttendance in all activities is mandatory. Absence or tardiness by any of the teammembers 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 fromjoining subsequent competitions, and shall be required to reimburse accommodationand travel expenses. For this purpose, abandonment is defined as leaving thecompetition premises with no intention to return or finish the competition.

X. AWARDSThe winning team in the Final Round shall be awarded the National Moot Court Cup

and will represent the Philippines in the 2014 Hong Kong Red Cross IHL Moot CourtCompetition.

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 quarterfinal and semifinal 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 RULESThe Committee shall have absolute discretion to resolve any issues concerning theinterpretation of rules


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TIMELINE

DATE ACTIVITY

June 2013 Release of the Compromis

26 July 2013 Deadline for the submission of letters of intent,

certification letters from the Dean and the registration fee

Deadline for submission of registration forms

7 September 2013 Deadline for submission of written requests for

clarifications regarding the Compromis

1 October 2013 Deadline for submission of memorials

4 October 2013 Late submission of memorials (with corresponding

deductions)

18 November 2013 Briefing and IHL Talk for participating teams

Supreme Court tour

Welcome dinner

19 November 2013 IHL Role Play Challenge

Exchange of memorials

20 November 2013 General rounds

21 November 2013 Quarterfinal rounds

Semifinal rounds

22 November 2013 Final round

Awarding ceremony

PNRC 2013 NMCC Rules and Forms

Documents

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