Key question 1: Is International Law superior to Philippine Law?

- Tanada v Angara (1997)

Key question 2: How can we invoke rules of International Law before a Philippine court? - Ichong v Hernandez (1957) - Gonzales v Hechanova (1963)

Key question 1: Is International Law superior to Philippine Law?

Answer: It depends.
Recall:

Dualist view: two separate legal systems - international law is supreme in the international legal system - national law is supreme in the national legal system

Key question 2: How may we invoke rules of International Law before a Philippine court?
- difficult case (i.e., unfavorable national rule) - favorable international rule - invoke before Philippine court? Q1: Is Philippines bound? Q2: Part of Philippine legal system? - What type of international rule? - Conditions fulfilled? Q3: Place in Philippine hierarchy of rules? Q4: Which is superior: national rule or converted international rule?

Question 1: Is Philippines bound?

Answer: - For treaty rule, if Philippines expressed its consent to be bound. - For customary rule, if there is sufficient state practice with opinio juris. - For general principle of law, if such principle exists.

Question 2: Part of Philippine legal system?

Answer:

- What type of international rule? - For treaty rule, transformation clause - For customary rule, incorporation clause
- Conditions fulfilled?

Transformation clause Sec. 21, Art. VII, Constitution No treaty or international agreement shall be valid and effective unless concurred in by at least twothirds of all the Members of the Senate.
Incorporation clause Sec. 2, Art. II, Constitution 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.

Incorporation - customary rules - wholesale - no additional act required

Transformation - treaty rules - piecemeal - additional act required

Question 3: Place in Philippine hierarchy of rules? Philippine hierarchy of rules - Constitution - statutes - executive issuances - local legislation - *judicial decisions

Customary rules as part of the law of the land (Sec. 2, Art. II, Constitution) Treaty rules as part of the law of the land (Taada v. Angara [1997])

Executive agreements as subordinate to statutes (Gonzales v Hechanova [1963])

Question 4: Which is superior: national rule or converted international rule?

Ichong v. Hernandez (1957) - legislative action: Retail Trade Nationalization Act - petitioner: unconstitutional and invalid - unconstitutional: equal protection, due process - invalid: violates UN Charter, Declaration of Human Rights, PH-China Treaty of Amity
Gonzales v Hechanova (1963) - statute: law prohibiting rice importation by government - executive action: government importation of rice from Vietnam and Burma - petitioner: contrary to statute - respondent: commander-in-chief, government not prohibited, executive agreements - executive agreements different from treaties