Re: Comfort Women
To excel in bar exams, it is imperative to read the entire text of the case at hand. By thoroughly examining the complete case, we not only acquire the necessary knowledge but also gain insight into the reasoning behind the Supreme Court's decisions. Studying the facts of the case enables us to comprehend the divergent perspectives of both parties involved. The bar exam serves as a test of our ability to tackle real-life problems that people encounter daily. For instance, one topic on the bar exam, political law, delved into the plight of the "Comfort Women" who filed lawsuits against Japanese soldiers for alleged rape and abuse, to wit:
“In 1993, historians confirmed that during World War II, "comfort women" were forced into serving the Japanese military. These women were either abducted or lured by false promises of jobs as cooks or waitresses, and eventually forced against their will to have sex with Japanese soldiers on a daily basis during the course of the war, and often suffered from severe beatings and venereal diseases. The Japanese government contends that the "comfort stations" were run as "onsite military brothels" (or prostitution houses) by private operators, and not by the Japanese military. There were many Filipina "comfort women."
Xxx “The surviving Filipina "comfort women" sue the Japanese government for damages before Philippine courts. Will that case prosper?” (Bar 2007, Q No.- IV -[10 POINTS])[.]“
To address the question posed on the bar exam regarding the viability of a case brought by surviving Filipina "comfort women" against the Japanese government, we must consider the principle of sovereign immunity from suit. In this regard, it is unlikely that the case will prosper. However, an individual who feels wronged by the actions of a foreign sovereign can request their own government to champion their cause through diplomatic channels. In the case of the "comfort women," they can approach the Philippine government, specifically the Department of Foreign Affairs, to advocate for their claims against the Japanese government. This approach aligns with the ruling in Holy See v. Rosario, G.R. No. 101949, December 1, 1994.
Moreover, the doctrine of sovereign immunity acknowledges the sovereign authority of a state to settle the claims of its nationals against foreign nations. This authority exists even without the consent or consultation of the affected nationals. This principle was reinforced by the decision in Dames and Moore v. Regan, 433 U.S. 654 (1981).
In conclusion, success in bar exams necessitates a comprehensive understanding of the cases involved. By reading the entirety of a case, we not only acquire the essential knowledge but also gain insights into the reasoning behind judicial decisions. In the context of the "Comfort Women" case, the doctrine of sovereign immunity from suit poses challenges for the victims seeking redress. However, the avenue of diplomatic channels through the Philippine government offers a potential solution. By delving deep into the facts, understanding different perspectives, and applying relevant legal principles, aspiring lawyers can demonstrate their proficiency in addressing complex real-world problems presented in bar examinations.
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