Fall in L(aw)ve.

Pimentel vs. Executive Secretary

G.R. No. 158088 06 July 2005

PIMENTEL vs EXEC SEC

FACTS:

1. On 28 December 2000, the Philippines signed the Rome Statute through Charge d Affairs Enrique
A. Manalo of the Philippine Mission to the United Nations (PMUN). The Rome Statue establsihed
the International Criminal Court which provides shall have the power to exercise its jurisdiction
over persons for the most serious crimes of international concerns. However, the treatys
provisions require that it be subject to ratification, acceptance, or approval of the signatory states.
2. Petitioner/s filed an instant petitione compelling respondents to transmit the signed text of the
treaty to the Senate for ratification. It is on the theory that ratification of a treaty is a function of the
Senate. Hence, the duty of the executive it to sign the same and transmit it thereafter to to the
Senate for concurrence.
3. The OSG, representing respondents, contends that the executive department has no duty to
transmit the said treaty to the Senate for concurrence.

ISSUE: WON Respondents have the ministerial duty to transmit the copy of the subject treaty to the
Senate signed by a member of the PMUN even without the signature of the President for
concurrence?

RULING:

1. No. The President, being the head of the Sate, is regarded as the sole organ and authority in
external relations with foreign nations. In the realm of treaty-making, the President has the sole
authority to negotiate with other states.
2. Although it is correct that the Constitution, in Article VII, Section 21, provides for the concurrence
of 2/3 of all members of the Senate for validating a treaty and is deemed essential to provide
check on the executives foreign relations, it is not absolute. The power to ratify does not belong to
the Senate.
3. The process of treaty making: negotiation, signature, ratification, and exchance of th instruments
of ratification. Petitioners arguments equate the signing of the treaty by the Phil. representative
with ratification. However, it should be noted that signature and ratification is two separate steps.
Signature is for authentication, on the other hand, ratification is the formal act of acceptance. the
latter is generally an executive act undertaken by the head of the state.

4. Moreover, under E.O. 459, issued by Pres. Ramos, provides for guidelines in the negotiation of
international agreements and its ratification. The said Order provides that a treaty, after it was
signed by the representative of the State, shall be subject to ratification by the President. before the
Senate can concur it, the President must ratify it first.
5. 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 latter 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.
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