Doctrine of incorporation | Political and International Law.
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| Doctrine of incorporation | Political and International Law. |
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| 📸: POLITICAL LAW AND INTERNATIONAL LAW (WITH RELATED TAX PRINCIPLES) 2022 Bar Exams | Q No. 6. |
The Philippines adopts the generally accepted principles of international law and international jurisprudence as part of the law of the land and adheres to the policy of peace, cooperation, and amity with all nations. (Section 2, Article II of the Constitution).
Under the 1987 Constitution, international law can become part of the sphere of domestic law either by transformation or incorporation.
The [transformation] method requires that an international law be transformed into a domestic law through a constitutional mechanism such as local legislation.
The [incorporation method] applies when, by mere constitutional declaration, international law is deemed to have the force of domestic law.
In Mijares v. Ranada, the Court held thus:
"[G]enerally accepted principles of international law, by virtue of the incorporation clause of the Constitution, form part of the laws of the land even if they do not derive from treaty obligations."
The classical formulation in international law sees those customary rules accepted as binding result from the combination [of] two elements:
(i) the established, widespread, and consistent practice on the part of States; and
(ii) a psychological element known as the opinion juris sive necessitates (opinion as to law or necessity). Implicit in the latter element is a belief that the practice in question is rendered obligatory by the existence of a rule of law requiring it.
"Generally accepted principles of international law" refers to norms of general or customary international law which are [binding] on all states, (i.e., renunciation of war as an instrument of national policy, the principle of sovereign immunity, a person's right to life, liberty and due process, and pacta sunt servanda, among others."
G.R. No. 173034 October 9, 2007
PHARMACEUTICAL AND HEALTH CARE ASSOCIATION OF THE PHILIPPINES
HEALTH SECRETARY FRANCISCO T. DUQUE III
Notes:
International agreements may be in the form of (1) treaties that require legislative concurrence after executive ratification; or (2) executive agreements that are similar to treaties, except that they do not require legislative concurrence and are usually less formal and deal with a narrower range of subject matters than treaties.
G.R. No. 159618 February 1, 2011
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RELATED
(Political and International Law, Bar 2022)
President Hidalgo, who wanted the Philippines to be part of the International Criminal Court once again, signed the Philippines' ratification of the Rome Statute. A copy of the treaty, along with the ratification, was sent to the Senate for its concurrence. Senator Dalisay filed a proposed “Resolution” for the Senate to concur with the Philippines’ ratification. The proposed “Resolution” was read three times on three separate days. Three days before the third reading, printed copies of the proposed “Resolution” in its final form were distributed to all the Senators. The Senators then unanimously approved the “Resolution”, and the Senate expressed its concurrence with the treaty’s ratification. A civil society group filed a petition before the Supreme Court questioning the validity of the Senate’s concurrence on the ground that the “Resolution” was void because only a “bill” becomes a law.
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