Professional Documents
Culture Documents
Facts:
Petitioner Bayan Muna is a dulyREGISTERED party-list group established to
represent the marginalized sectors of society. Respondent Blas F. Ople, now
deceased, was the Secretary of Foreign Affairs during the period material to
this case. Respondent Alberto Romulo was impleaded in his capacity as then
Executive Secretary.
Rome Statute of the International Criminal Court
Having a key determinative bearing on this case is the Rome Statute
establishing the International Criminal Court (ICC) with the power to
exercise its jurisdiction over persons for the most serious crimes of
international concern x x x and shall be complementary to the national
criminal jurisdictions. The serious crimes adverted to cover those considered
grave under international law, such as genocide, crimes against humanity, war
crimes, and crimes of aggression.
On December 28, 2000, the RP, through Charge dAffaires Enrique A. Manalo,
signed the Rome Statute which, by its terms, is subject to ratification,
acceptance or approval by the signatory states. As of the filing of the instant
petition, only 92 out of the 139 signatory countries appear to have completed
the ratification, approval and concurrence process. The Philippines is not
among
the
92.
RP-US Non-Surrender Agreement
On May 9, 2003, then Ambassador Francis J. Ricciardone sent US Embassy
Note No. 0470 to the Department of Foreign Affairs (DFA) proposing the
terms of the non-surrender bilateral agreement (Agreement, hereinafter)
between
the
USA
and
the
RP.
Via Exchange of Notes No. BFO-028-037 dated May 13, 2003 (E/N BFO-02803, hereinafter), the RP, represented by then DFA Secretary Ople, agreed with
and accepted the US proposals embodied under the US Embassy Note
adverted to and put in effect the Agreement with the US government. In esse,
the Agreement aims to protect what it refers to and defines as persons of the
RP and US from frivolous and harassment suits that might be brought against
them in international tribunals.8 It is reflective of the increasing pace of the
strategic security and defense partnership between the two countries. As of
May 2, 2003, similar bilateral agreements have been effected by and between
the US and 33 other countries.
The Agreement pertinently provides as follows:
1. For purposes of this Agreement, persons are current or former
Government officials, employees (including contractors), or military personnel
or nationals of one Party.
2. Persons of one Party present in the territory of the other shall not, absent
the express consent of the first Party,
(a) be surrendered or transferred by any means to any international tribunal
for any purpose, unless such tribunal has been established by the UN Security
Council, or
(b) be surrendered or transferred by any means to any other entity or third
country, or expelled to a third country, for the purpose of surrender to or
transfer to any international tribunal, unless such tribunal has been
established by the UN Security Council.
3. When the [US] extradites, surrenders, or otherwise transfers a person of the
Philippines to a third country, the [US] will not agree to the surrender or
transfer of that person by the third country to any international tribunal,
unless such tribunal has been established by the UN Security Council, absent
the express consent of the Government of the Republic of the Philippines
[GRP].
4. When the [GRP] extradites, surrenders, or otherwise transfers a person of
the [USA] to a third country, the [GRP] will not agree to the surrender or
at
Variance
Petitioner urges that the Agreement be struck down as void ab initio for
imposing immoral obligations and/or being at variance with allegedly