POLITICAL LAW AND PUBLIC INTERNATIONAL LAW: Relationship Between International and Philippine Domestic Law
The relationship between international law and domestic law in the Philippines involves a complex interaction of principles and legal doctrines. Below is a meticulous breakdown of the subject:
1. Supremacy of the Philippine Constitution
The 1987 Philippine Constitution is the supreme law of the land. Any law, whether domestic or international, must conform to its provisions. Under Article II, Section 2, the Constitution provides the foundation for how international law interacts with domestic law:
“The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations.”
This provision recognizes international law as part of Philippine law. However, it is not absolute, as international law is incorporated into domestic law subject to the Constitution's supremacy.
2. Doctrine of Incorporation
The doctrine of incorporation is embodied in Article II, Section 2 of the Constitution. This doctrine states that generally accepted principles of international law are automatically part of the Philippine legal system without the need for legislative action.
2.1. Generally Accepted Principles of International Law
- These include norms of customary international law, jus cogens norms (peremptory norms that no state may derogate from), and other universal legal principles.
- Customary international law becomes binding as part of the law of the land when it meets two requirements: state practice and opinio juris (belief that the practice is legally obligatory).
In this regard, courts may enforce these principles as domestic law even without specific implementing legislation.
3. Doctrine of Transformation
While the doctrine of incorporation applies to customary international law, treaties and other international agreements are governed by the doctrine of transformation, meaning they do not automatically become part of Philippine law. They must be transformed into domestic law through legislative enactment.
3.1. Treaties and International Agreements
Under Article VII, Section 21 of the Constitution, treaties and international agreements must undergo the following process:
- Negotiation and signing by the Executive branch.
- Ratification by the President, subject to the concurrence of at least two-thirds of all the Members of the Senate.
Only after Senate concurrence does a treaty become binding and enforceable as part of Philippine law.
4. Hierarchy between Domestic Law and International Law
4.1. Constitution vs. International Law
The Philippine Constitution remains the highest law in the land. In case of a conflict between a provision of the Constitution and a treaty or an international agreement, the Constitution prevails. This principle is crucial in ensuring the Philippines maintains sovereignty over its domestic legal system, despite its international obligations.
4.2. International Law vs. Statutes
In instances where a statute conflicts with international law, Philippine courts often attempt harmonization. If harmonization is not possible, domestic laws may prevail, especially if the international law is a treaty that has not been transformed into domestic law. However, courts may rule in favor of treaties in cases where no direct conflict with the Constitution exists, based on the principle that the Philippines adheres to its international obligations in good faith.
4.3. Case Law on International Law's Application
- Kuroda v. Jalandoni (1949): The Supreme Court held that the generally accepted principles of international law are automatically incorporated into the Philippine legal system and do not require legislative enactment.
- Mejoff v. Director of Prisons (1951): This case emphasized that international law principles, especially those involving human rights, are incorporated into Philippine law.
- Secretary of Justice v. Lantion (2000): The Court discussed the application of treaties in domestic law, holding that the doctrine of transformation requires Senate concurrence for a treaty to become part of domestic law.
5. International Customary Law
Customary international law, which consists of unwritten rules derived from the consistent practice of states and is binding even without a treaty, is recognized as part of Philippine domestic law under the doctrine of incorporation. The courts may enforce customary international law principles without further legislative action.
5.1. Examples of Customary International Law
- The prohibition of torture.
- The prohibition of slavery and genocide.
- Principles of territorial sovereignty and non-intervention.
6. Philippine Courts and International Law
6.1. Judicial Notice of International Law
Philippine courts may take judicial notice of generally accepted principles of international law. Courts do not require these principles to be proven in the same way that foreign laws or facts would need to be.
6.2. Judicial Interpretation and Application
In interpreting laws, Philippine courts are guided by the principle of pacta sunt servanda (agreements must be kept), meaning the Philippines, as a member of the international community, must uphold its international obligations in good faith. However, the courts also balance this with the sovereign will of the Filipino people as expressed in the Constitution.
7. Soft Law and International Guidelines
While soft law—such as United Nations declarations, resolutions, and international guidelines—may influence domestic legal interpretations, it is generally not enforceable unless transformed into domestic law. However, these norms often guide judicial decisions and policy-making, especially in areas like human rights and environmental protection.
8. Recent Developments in Philippine Jurisprudence
Philippine courts continue to develop their interpretation of the relationship between international and domestic law, particularly in the context of human rights, environmental law, and international trade. The Philippines’ involvement in the United Nations Human Rights mechanisms, the International Criminal Court, and the World Trade Organization reflect an evolving jurisprudence that seeks to harmonize domestic legal frameworks with international norms and obligations.
8.1. Environmental Law and International Obligations
In Oposa v. Factoran (1993), the Supreme Court ruled that intergenerational responsibility and sustainable development, principles recognized internationally, could be applied domestically to protect the right to a balanced and healthful ecology.
8.2. Human Rights and International Law
The Philippine courts have shown deference to international human rights law in various decisions. For instance, the Writ of Amparo and the Writ of Habeas Data, which protect individuals from human rights abuses, were developed by the Supreme Court based on international human rights principles.
9. Conclusion
In summary, the relationship between international law and Philippine domestic law is primarily governed by the Constitution, which recognizes international law but remains supreme. The doctrine of incorporation applies to customary international law, while the doctrine of transformation governs treaties and international agreements. Philippine courts seek to harmonize international law with domestic law, but in cases of conflict, the Constitution prevails.
International law plays a significant role in the development of Philippine law, especially in human rights, environmental law, and international trade, but always within the context of constitutional supremacy.