CASE TITLE DOCTRINE

1) Philip Morris vs. CA The fact that international law has been made part of the law of the land does not by
224 SCRA 576 (1993) any means imply the primacy of international law over national law in the municipal
sphere. Under the doctrine of incorporation as applied in most countries, rules of
international law are given a standing equal, not superior, to national legislative
enactments.

2) Abbas vs CA The Tripoli Agreement as part of international law would not be superior to R.A. 6734
(Organic Act for the Autonomous Region in Muslim Mindanao), an enactment of the
Congress of the Philippines, rather it would be in the same class as the latter.

3) La Chemise Lacoste SA v. Fernandez A treaty or convention is not a mere moral obligation to be enforced or not at the whims
of an incumbent head of ministry. It creates a legally binding obligation on the parties
founded on the generally accepted principle of pacta sunt servanda which has been
adopted as part of the law of our land.

Pacta sunt servanda - agreements must be kept

4) Moss v. Director of Lands TREATY OF GENERAL RELATIONS entered into by the Philippines and US, July 4,
1946.

Article 6 of such treaty states that: “all existing property rights of citizens and
corporations of the US in the Philippines shall be acknowledged, respected and
safeguarded to the same extent as property rights of citizens and corporations of the
Philippines.”

5) Guerrero’s Transport Services v. Blaylock Transportation Services Employees
Association-Kilusan
INTERNATIONAL & NATIONAL LAW
Treaty has 2 aspects:
1. Serves as an international agreement between states; and
2. As a municipal law for people of each state to observe.
There was a public bidding (by the US Subic Naval Base) to employ transport services
in which petitioners won against respondent, however, union (respondent) was granted
by the court to be hired by petitioner for the 5-year contract TO PROVIDE SECURITY
FOR EMPLOYMENT (application of the municipal law) in accordance to the PH-US
Labor Agreement. (Int’l agreement between the States)

6) Collector of Internal Revenue vs Campos Rueda INTERNATIONAL & NATIONAL LAW

Tangier law, a city in Morocco, provides exemption from transfer tax on intangible
property upon the death of the owner to the administrator. There is a question whether
or not the PH would need to recognize Tangier as having a international personality
(like that of a State).

It does not admit of doubt that if a foreign country is to be identified with a state, it is
required in line with Pound's formulation that it be a politically organized sovereign
community independent of outside control bound by penalties of nationhood, legally

PREPARED BY || APARENTE || AQUINO || CALUB || ENRIQUEZ || GONZALES || CHRISTIAN GREY || MALABANAN || MARQUEZ || MENDOZA || TIO
 supreme within its territory, acting through a government functioning under a regime of
law. A foreign country is thus a sovereign person with the people composing it viewed
as an organized corporate society under a government with the legal competence to
exact obedience to its commands. Even on the assumption then that Tangier is bereft
of international personality, the CIR has not successfully made out a case. The Court
did commit itself to the doctrine that even a tiny principality, like Liechtenstein, hardly an
international personality in the sense, did fall under this exempt category.

Thus, by the express provision of the NIRC Sec. 122 and the principle of reciprocity
(recognizing Tangier, Morocco as having international personality), the exemption to
the transfer tax of the intangible estate was granted.

7) Gonzales vs Hechanova INTERNATIONAL & NATIONAL LAW

Contracts with Burma and Vietnam were executed by Exec. Secretary for the
importation of rice.

An international agreement may be invalidated by our courts on the basis of our

Constitution, in Article 8, Sec. 2, that the SC may not be deprived “of its jurisdiction to
review, revise, reverse, modify, or affirm on appeal, certiorari, or writ of error as the law
or rules of court may provide, final judgments and decrees of inferior courts in - All
cases in which the constitutionality or validity of any treaty, law, ordinance, OUR
CONSTITUTION AUTHORIZES THE NULLIFICATION OF A TREATY, NOT ONLY
WHEN IT CONFLICTS WITH THE FUNDAMENTAL LAW, BUT, ALSO, WHEN IT
RUNS COUNTER TO AN ACT OF CONGRESS.

8) In Re: Garcia Petitioner is a PH citizen and graduate of law in the University of Madrid in Spain.

Petitioner contends that he is entitled to the Treaty on Academic Degrees and the
Exercise of Professions between PH and Spain, specifically, that he does not need to
take the bar exams to exercise his legal profession in the PH.

The treaty is intended to govern Filipino citizens desiring to practice their profession in
Spain, and the citizens of Spain desiring to practice their legal profession in the PH.
Thus, petitioner is not qualified among the provisions of the treaty between PH and
Spain.

The treaty could not have been intended to modify the laws and regulations governing
admission to the practice of law in the PH. Furthermore, so that the Executive
Department can not encroach upon the constitutional prerogative of the SC on rules for
admission to the practice of law in the PH.

9) Ichong vs Hernandez The law does not violate any international treaties or obligations. The UN Charter
imposes no strict or legal obligations regarding the rights and freedom of their subjects,
and the Declaration of Human Rights contains nothing more than a mere
recommendation, or a common standard of achievement for all peoples and all nations.
The Treaty of Amity between the Republic of the Philippines and the Republic of China
guarantees equality of treatment to the Chinese nationals “upon the same terms as the
nationals of any other country. But the nationals of China are not discriminated against
because nationals of all other countries, except those of the United States, who are

PREPARED BY || APARENTE || AQUINO || CALUB || ENRIQUEZ || GONZALES || CHRISTIAN GREY || MALABANAN || MARQUEZ || MENDOZA || TIO
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