-CASE DIGEST-
SUBJECT: CONSTITUTIONAL LAW
Pimentel v.
Executive Secretary
G.R. No. 158088
July 6, 2005
Facts: The petitioners filed a petition for mandamus to compel the
Office of the Executive Secretary and the Department of Foreign Affairs to
transmit the signed copy of the Rome Statute of the International Criminal
Court to the Senate of the Philippines for its concurrence pursuant to Sec. 21,
Art VII of the 1987 Constitution.
The Rome Statute established the Int'l Criminal Court which will have
jurisdiction over the most serious crimes as genocide, crimes against humanity,
war crimes and crimes of aggression as defined by the Statute. The provisions
of the Statute however require that it be subject to ratification, acceptance
or approval of the signatory state.
Petitioners contend that ratification of a treaty, under both domestic
and international law, is a function of the Senate, hence it is the duty of the
Executive Department to transmit the signed copy to the senate to allow it to
exercise its discretion.
Issue: Whether or not the Executive Secretary and the
DFA have the ministerial duty to transmit to the Senate the copy of the Rome
Statute signed by a member of the Philippine mission to the U.N. even without
the signature of the President.
The Supreme Court held NO.
The President as the head of state is the sole organ and authorized in
the external relations and he is also the country's sole representative with
foreign nations. He is the mouthpiece with respect to the country's foreign
affairs. In treaty-making, the President has the sole authority to negotiate
with other states and enter into treaties but this power is limited by the
Constitution with the 2/3 required vote of all the members of the Senate for
the treaty to be valid. (Sec. 21, Art VII). Although
it is correct that the Constitution, provides for the concurrence of 2/3 of all
members of the Senate for validating a treaty, it is not absolute. The power to
ratify does not belong to the Senate.
It should be emphasized that under the Constitution, the power to ratify
is vested in the President, subject to the concurrence of the Senate. The role
of the Senate is limited only to giving consent to the ratification. Hence, the
President has the authority to refuse to submit a treaty to the Senate, and/or
refuse to ratify it. The role of legislative branch is essential only to
provide a check on the executive’s foreign relations, and to ensure the
nation's pursuit of political maturity and growth.
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