Answer to Question Nos. 2 & 3 of 2008 Bar Exam-Political & International Law

QUESTION NO. 2

May a treaty violate international law? If your answer is in the affirmative, explain when such may happen. If your answer is in the negative, explain why.


Answer:

Yes, a treaty may be a violation to international law. It happens when the subject matter of the treaty of the contracting parties can not be legally complied with because it is forbidden by universally recognized principle of international law. The treaty of Tordesillas in 1494 which is sought to divide between Spain and Portugal parts of the Atlantic, Pacific and Indian Oceans, which are open seas under the law of nations is an example of a treaty which is a violation of international law.


QUESTION NO. 3

The President alone without the concurrence of the senate abrogated a treaty. Assume that the other country-party to the treaty is agreeable to the abrogation provided it complies with the Philippine Constitution. If a case involving the validity of the treaty abrogation is brought to the Supreme Court, how should it be resolved?


Answer:

It could be resolved by applying the legal principle established in the case of Senator Pimentel Jr. vs. Office of the Executive Secretary G.R. No. 158088, July 6, 2005. In that case, Senator Aquilino Pimentel Jr. file a petition to compel Executive Secretary Hon. Alberto Romulo and Secretary of Foreign Affairs Hon. Blas Ople to transmit the signed documents – The Rome Statute which was signed by Charge d’ Affairs Enrique Manalo – to transmit it 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.

The Court settled the issue by declaring that: The President, being the head of state, is regarded as the sole organ and authority in external relations and is the country’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.