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Key quest ion 1: Is International Law superior toPhilippine Law?

- Tanada v Angara (1997)

Key quest ion 2: How can we invoke rules ofInternational Law before a Philippine court?

- Ichong v Hernandez (1957)

- Gonzales v Hechanova (1963)

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Key quest ion 1: Is International Law superior toPhilippine Law?

Answer: It depends.

Recall:

Dualist view: two separate legal systems

- international law is supreme in the internationallegal system

- national law is supreme in the national legalsystem

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Key quest ion 2: How may we invoke rules ofInternational Law before a Philippine court?

- difficult case (i.e., unfavorable national rule)

- favorable international rule

- invoke before Philippine court?

Q1: Is Philippines bound?Q2: Part of Philippine legal system?

- What type of international rule?

- Conditions fulfilled?

Q3: Place in Philippine hierarchy of rules?Q4: Which is superior: national rule or

converted international rule?

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Quest ion 1: Is Philippines bound?

Answer:- For treaty rule, if Philippines expressed itsconsent to be bound.

- For customary rule, if there is sufficient statepractice with opinio juris.

- For general principle of law, if such principleexists.

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Quest ion 2: Part of Philippine legal system?

Answer:

- What type of international rule?

- For treaty rule, transformation clause

- For customary rule, incorporation clause

- Conditions fulfilled?

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Transformation clause

Sec. 21, Art. VII, Constitution

No treaty or international agreement shall be validand effective unless concurred in by at least two-thirds of all the Members of the Senate.

Incorporation clauseSec. 2, Art. II, Constitution

The Philippines renounces war as an instrumentof national policy, adopts the generally acceptedprinciples of international law as part of the lawof the land and adheres to the policy of peace,equality, justice, freedom, cooperation, and amitywith all nations.

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Incorporation- customary rules

- wholesale

- no additional act required

Transformation

- treaty rules

- piecemeal

- additional act required

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Quest ion 3: Place in Philippine hierarchy ofrules?

Philippine hierarchy of rules

- Constitution

- statutes

- executive issuances

- local legislation

- *judicial decisions

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Customary rules as part of the law of theland (Sec. 2, Art. II, Constitution)

Treaty rules as part of the law of the land(Taada v. Angara[1997])

Executive agreements as subordinate tostatutes (Gonzales v Hechanova [1963])

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Quest ion 4: Which is superior: nat ional ruleor

converted international rule?

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Ichong v. Hernandez (1957)

- legislative action: Retail Trade Nationalization Act

- petitioner: unconstitutional and invalid

- unconstitutional: equal protection, due process

- invalid: violates UN Charter, Declaration of Human Rights,PH-China Treaty of Amity

Gonzales v Hechanova (1963)- statute: law prohibiting rice importation by government

- executive action: government importation of rice fromVietnam and Burma

- petitioner: contrary to statute

- respondent: commander-in-chief, government notprohibited, executive agreements

- executive agreements different from treaties