Article VII Section 21 Pimentel v. Ermita G.R. No.

158088 (Note: The title in the casebook is quite misleading, I scanned the original but there was no sign of Ermita being involved in the case. The original title, based on the SC website, is Pimentel v. Romulo) Characters: Aquilino Pimentel Jr. senator in the Philippines Alberto Romulo representative of the Office of the Executive Secretary Facts: - Petitioners filed a petition of mandamus to force the Office of the Executive Secretary and the DFA to transmit the signed text of the treaty to Senate for ratification. - Rome Statute created the International Criminal Court which shall have the power to exercise its jurisdiction over persons for the most serious crimes of international concern -Petitioners contend that, under domestic and international law, ratification of a treaty is a function of the senate.

Issue: - WON the Executive Secretary and the Department of Foreign Affairs have a ministerial duty to transmit to the Senate the copy of the Rome Statute signed by a member of the Philippine Mission to the United Nations even without the signature of the president. Held: - No. Under the Philippine constitution, the president has the power to ratify. However, it is limited by the provision of Article VII Section 21, i.e. the ratification is subject to concurrence by 2/3 of the Senate. The Senate can only give or withhold its consent. Therefore, the President has the prerogative to refuse to submit a treaty to the Senate or refuse to ratify it. IN VIEW WHEREOF, the petition is DISMISSED.