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20.1 National Defense and the War Renunciation ClauseThe three successive Constitutions of the Philippines have explicit provisions on the country’s policy with respect to the use or threat of force, or more precisely, war. The Article II, Section 3 of the 1935 Philippine Constitution stated that “[t]he Philippines renounces war as an instrument of national policy, and adopts the generally accepted principles of international law as part of the law of the Nation.” This provision was carried over to Art…

7.1 The Philippines’ Treaty-Making ProcessTreaty-making is governed by Sec. 21, Art. VII of the Philippine Constitution, which states that “[n]o treaty or international agreement shall be valid and effective unless concurred in by at least two-thirds of all the Members of the Senate.” The Constitution and jurisprudence also recognize “executive agreements,” a category of agreements that do not require Senate concurrence. Executive Order No. 459, series of 1997, provides the guidelines in the negotia…

4.1 Recognition of Immunities from JurisdictionThe jurisdiction of a State extends to all entities and properties within its territory. However, jurisdiction is generally not exercised over cases involving other States (sovereign immunity), foreign diplomats and consular officials (diplomatic and consular immunity) and inter-governmental international organizations, their officials, and personnel.The Philippines observes the principle of sovereign immunity, under which a State may not be sued before domestic courts without its consent. This i…

11.1 Mutual Legal Assistance in Criminal MattersMutual legal assistance in criminal matters (MLA) is the formal process of seeking legal assistance from a foreign government in connection with criminal and related proceedings when the evidence or a witness is located in that foreign country. MLA should be distinguished from the informal process of inter-state cooperation, such as between law enforcement authorities and their foreign counterparts or through the International Criminal Police Organizatio…

8.1 Prominent Themes in Philippine Foreign PolicyThe evolution of Philippine diplomacy is to a large extent a product of the development of the Philippines as a nation-state and the continuing process of defining its national identity and destiny. In recent years, the conduct of foreign policy has been known to be premised on the “three pillars of Philippine foreign policy” – the preservation and enhancement of national security, the promotion and attainment of economic security through the mobilizati…

9.1 Philippine Admission and Membership in International and Regional Organizations9.1.1 The United NationsArticle 4(1) of the United Nations (UN) Charter states that the UN is “open to all other peace-loving states which accept the obligations contained in [the] Charter and, in the judgment of the Organization, are able and willing to carry out these obligations.” The Philippines was one of the 50 original members of the UN. Carlos P. Romulo acted as the Philippine delegate in the first conference, and was…

12.1 The Philippines before the International Court of Justice and Other International TribunalsAs a founding member of the United Nations (UN) and an original signatory of its Charter, the Philippines has abided by the principle of peaceful settlement of disputes, and on a number of occasions, resorted to mechanisms established under international law for the resolution of disputes, either as a party litigant or as an intervenor.Having been involved in the drafting of the UN Charter, notably on the matter of “trusteeship” and having advocated early independen…

1.1 Philippine Contributions to the Development of International LawEven before attaining independence in 1946, the Philippines has been actively engaged with the community of nations and made significant contributions to the progressive development of international law. While then still a Commonwealth Government, the Philippines participated in the United Nations (UN) Conference on International Organization in San Francisco that drafted the Charter of the United Nations (UN Charter). The Philippines w…