ADOPTION OF INTERNATIONAL LAW AND THE DOCTRINE OF INCORPORATION AS APPLIED TO TREATIES AND AGREEMENTS BAYAN vs.

ROMULO

Petition for Certiorari, Mandamus and Prohibition seeking to nullify the Non-Surrender Agreement concluded by GRP and US. FACTS: As of December 28, 2000, the Philippines, through Charge dAffaires Manalo has signed the Rome Statute and thus pending Senate ratification. The Rome Statute establishes the International Criminal Court (ICC) which will be complementary to national criminal jurisdictions in prosecuting crimes of international concern such as genocide, war crimes, crimes against humanity, etc. The DFA, through then Secretary Blas Ople, concluded an executive agreement through exchange of notes BFO 028-03, dated May 13, 2003 regarding the Non-Surrender Bilateral Agreement. The Agreement aims to protect what it refers to and defines as "persons" of the RP and US from frivolous and harassment suits that might be brought against them in international tribunals. The petitioners assert that the DFA Secretary and the President has committed a grave abuse of discretion amounting to lack and excess of jurisdiction in concluding the Agreement. The Agreement therefore must be struck as unconstitutional as it also did not undergo the proper Senate ratification (2/3 of the members)

Whether or not the Agreement will prevent us from meeting our obligations. NO The Senate has not ratified the Rome Statute and therefore, we are only signatories to it and not a StateParty. A signatory just has to refrain from doing acts which would defeat the purpose of the statute. Meanwhile, a State-party is bound to follow the provisions of the treaty in good faith. Whether or not our sovereignty has been limited by signing the Agreement. YES, however, that doesnt merit the unconstitutionality of the Agreement. Every time we sign a treaty, we lose part of our sovereignty to achieve the benefits of international cooperation. Losing part of our sovereignty through signing treaties and agreements is not unconstitutional because the constitution itself envisions that we are part of the Family of Nations. The Agreement is also not immoral as it does not absolve either American or Filipino criminals of their responsibility but rather it only prohibits the surrender of one party of a national of the other party without the consent of the latter.

HELD: The petition for certiorari, mandamus and prohibition is hereby DISMISSED.

MAIN ISSUE: Whether or not there was grave abuse of discretion on the respondents part thereby answering the question as to whether the Agreement was contracted validly or not. NO

RATIO: There was no grave abuse of discretion as the Philippines, in Article 2, Section 2 of the Constitution says that we adopt generally accepted principles of international law as part of the law of the land. Executive agreements through the exchange of notes is a generally accepted way of concluding agreements between countries. This does not need Senate ratification unlike treaties but that does not make executive agreements less valid of inferior. The only difference is that treaties have more dignity than executive agreements as it underwent legislative ratification and thus is undoubtedly constitutionally valid and is backed up by the power of the President, Senate and the people. Plus, it is well within the power of the President to enter into agreements and treaties. In fact, that power rests on the executive alone and nowhere else. The President, in signing the Agreement only did what is well within her duty and capacity as given to her by the Constitution.

OTHER ISSUES Whether or not the Agreement contravenes and undermines the Rome Statute and other treaties. NO Instead of contradict, it in fact complements the Rome Statute. The Rome Statute, in its sixth preambular paragraph and paragraph 3 of its Article 20, recognized the primacy of the state where the crime is committed to prosecute the criminal. Therefore, the Agreement does not reduce the efficacy of the ICC nor does it make the Philippines breach the contract as it signed the Rome Statute.