Pimentel Jr. vs Office of the Exe. Sec.

Senator Aquilino Pimentel, Jr. et al. vs. Office of the Executive Secretary represented by Hon. Alberto Romulo, Department of Foreign Affairs represented by Hon. Blas Ople

G. R. No. 158088. July 6, 2005

FACTS:

On July 17, 1998, the Rome Statute was opened for signature at its headquarter in New York. On December 28, 2000, three days before its deadline for signing, the Philippines through its Charge d’ Affairs, Enrique A. Manalo signed the Statute. By its provision, however, it is requiring that it be ratified by the accepting states.

Senator Aquilino Pimentel, file this petition to compel the Hon. Alberto Romulo (Executive Secretary) and Hon. Blas Ople (Department of Foreign Affairs) – respondents in this case – to transmit the signed document to the Senate for ratification.

Hon. Alberto Romulo and Hon. Blas Ople, on the other hand, argue that they as representative of the Executive Department have no duty to transmit the Rome Statute to the Senate for concurrence.

ISSUE:

Who has the power to ratify the Rome Statute?

HELD:

The President, being the head of state, is regarded as the sole organ and authority in external relations and is the county’s sole representative with foreign nations. As the chief architect of foreign policy, the President acts as the country’s mouthpiece with respect to international affairs. Hence, the President is vested with the authority to deal with foreign states and governments, extend or withhold recognition, maintain diplomatic relations, enter into treaties, and otherwise transact the business of foreign relations.

The role of the Senate, however, is limited only to giving or withholding its consent, or concurrence, to the ratification.

Thus, this petition is DISMISSED. This Court has no jurisdiction over actions seeking to enjoin the President in the performance of his official duties.