PIMENTEL, JR. V.

EXECUTIVE SECRETARY
July 6, 2005 | Puno, J.
Other Powers of Legislature Concur in Treaties

DOCTRINE: The President, as the representative to foreign nations, has the power to ratify treaties. The
Senate merely concurs in his/her ratification.
CASE SUMMARY: Through the Charge d Affairs Manalo, the Philippines signed the Rome Statute in
2000. The petitioners are compelling the Executive Secretary and the DFA to submit a copy of the said
document to the Senate for its ratification. However, the SC held that the power to ratify treaties belongs
to the President. The Senate is only limited to concurrence.

FACTS:
The petitioners filed an action of mandamus to compel the Office of the Executive Secretary and
DFA to transmit the signed copy of the Rome Statute of the International Criminal Court to the
Senate for its concurrence. The Philippines signed the Statute on December 28, 2000 through
Charge d Affairs Enrique A. Manalo.
The Rome Statute established the International Criminal Court which shall have the power to
exercise its jurisdiction over persons for the most serious crimes of international concern x x x and
shall be complementary to the national criminal jurisdictions. Its provisions, however, require
that it be subject to ratification, acceptance or approval of the signatory states.

ISSUE No. 1: WON the petitioners have the legal standing to file the petition for mandamus? Yes, as to
Pimentel.

RULING:
Only Senator Pimentel has the standing as a member of the Senate. All other petitioners
(Congresswoman Rosales as a member of the HOR, Philippine Coalition for the Establishment of
the International Criminal Court dedicated for the ratification of the Roman Statute, the Task
Force Detainees of the Philippines as advocates promoting the cause of human rights, Bianca (2
y/o) and Harrison (1 y/o) Roque suing under the doctrine of intergenerational rights enunciated in
Oposa, etc.) do not have legal standing as they did not or will not sustain direct injury as a result
of the governmental act challenged.
The Rome Statute is intended to complement national criminal laws and courts. Sufficient
remedies are available under our national laws to protect our citizens against human rights
violations and petitioners can always seek redress for any abuse in our domestic courts.
As regards Senator Pimentel, it has been held that to the extent the powers of Congress are
impaired, so is the power of each member thereof, since his office confers a right to participate in
the exercise of the powers of that institution.

ISSUE No. 2: WON the Executive Secretary and the DFA 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? NO

RULING:
The President, being the head of state, is regarded as the sole organ and authority in external
relations and is the countrys sole representative with foreign nations. In the realm of treaty-
making, the President has the sole authority to negotiate with other states.
However, Const. Art. 7, Sec. 21 provides no treaty or international agreement shall be valid and
effective unless concurred in by at least twothirds of all the Members of the Senate. This
is to ensure that a healthy system of checks and balance necessary in the nations pursuit of
political maturity and growth.
Petitioners arguments equate the signing of the treaty by the Philippine representative with
ratification. It should be underscored that the signing of the treaty and the ratification are two
separate. (Please see Notes for discussion)
EO No. 459 by Pres. Ramos provides the guidelines for negotiations and ratification of
international agreements.
Sec. 7(A) of the EO mandates that after the Philippine representative signed a executive
agreement, it shall be transmitted to the DFA, who will prepare the ratification papers. The
 ratification papers and the signed agreement are transmitted to the President for his/her
signature.
In addition to the guidelines for executive agreements, Sec. 7(B) further provides after the
President has ratified a treaty, the DFA will transmit the same to the Senate for concurrence.
It should be emphasized that under our Constitution, the power to ratify is vested in the
President, subject to the concurrence of the Senate. The role of the Senate, however, is
limited only to giving or withholding its consent, or concurrence, to the ratification.
After the signature by the authorized representative in the agreement, the President is burdened
to study the contents of the treaty to ensure that the treaty is not inimical to the interest of the
public. It is observed in the international community that a state does not have a moral or legal
duty to ratify a treaty after the Signature, but the refusal must be due to substantial grounds.

DISPOSITION: IN VIEW WHEREOF, the petition is DISMISSED.

NOTES:
According to the book International Law by Justice Isagani Cruz, the treaty-making process are:
1. Negotiation may be done by the head of state, but is usually done by his authorized
representative. The standard practice is that a party submits a draft of the proposed treaty, where
the other will submit his counter-proposal.
2. Signature - a means of authenticating the instrument and for the purpose of symbolizing the good
faith of the parties; but, significantly, it does not indicate the final consent of the state in cases
where ratification of the treaty is required.
3. Ratification - the formal act by which a state confirms and accepts the provisions of a treaty.
This is to enable to the parties to examine the treaty more closely.
4. Exchange of instruments of ratification signifies the effectivity of the treaty

There was no mention if the Roman Statute is a treaty or an executive agreement. But, I believe that it is
a treaty, because the Senate is compelling the Executive to submit the agreement to the Senate for its
concurrence. Note that only treaties, not executive agreements, are subject to Senates concurrence.
(Bayan Muna v. Romulo)