Skip to main content

Senate approval required for ICC withdrawal was insisted by the Petitioner


Drilon wants de Lima to argue ICC case before SC? Image combined credit to Radyo Agila and Pinoy Trending News

Last Tuesday, the counsels of the Philippine Coalition for the International Criminal Court declared that the administration of Duterte started withdrawal from the Rome Statue of the ICC is invalid because of lack of agreement from the Senate.

It is stated in the Article VII, Section 21 of the 1987 Constitution that no arrangement or international agreement shall be valid and effective except if conceded in by at least two-thirds of all the members of the Senate.

The silence of the Constitution on the upper chamber’s part in the withdrawal of a treaty during the oral contentions on the solidified petitions testing the withdrawal from the international council was raised by associate Justices Lucas Bersamin, Noel Tijam and Francis Jardeleza.

“We’re all very clear now that the language of the Constitution particularly Article VII, Section 21 relates only to ratification. It does not mention at all the termination or withdrawal of the state party to the treaty it accedes to,” Bersamin said.

The Section 101 of Senate Rule 36 does not additionally give strategy to end or withdraw any of the treaty.


The advices of the petitioner contended that since the Rome Statute is a bargain truly went into by the Philippines and has a vague status from a law ordered by the Congress, withdrawal from the Rome Statute needs the endorsement of no less than two-thirds of all members from the Senate.



Lucas Bersamin, Francis Jardeleza, Noel Tijam. Image credit to Rappler
Lawyer Gilbert Andres said that, “If the Senate concurs by two-thirds of votes of all its members so it’s valid and effective under our constitutional mechanism. Hence, the reverse is also true. If the president withdraws from a treaty such as the Rome Statute then it also needs the concurrence of the Senate.”


PCICC lead direct Romel Bagares said that the “silence there of the text does not mean that the converse cannot be said as a principle that is also applicable,” amid the prior interpellation with Senior Associate Justice Antonio Carpio.


Bagares also included, "The demonstration of pulling back from the arrangement isn't the sole territory of the president on the grounds that in the simultaneousness to the [approval] of the bargain, activity has been shared to the Senate.

The absence of Senate agreement in the end of the arrangement is additionally one of the principle contentions raised by the other solicitor made out of restriction legislators Francis Pangilinan, Franklin Drilon, Bam Aquino, Leila de Lima, Risa Hontiveros and Antonio Trillanes IV. 


With 17 confirmed votes from the upper house and one negative vote courtesy Senate President Juan Ponce Enrile affirmed  that the approval of the Rome Statute and the settlement which set up the ICC in April 2011, Approved by Benigno Aquino III. 


****

Dear avid readers, what do you think of this article? Please share your thoughts in the comment section below.

Source: PhilStar and The Daily Sentry

Comments

Post a Comment
Related Posts Plugin for WordPress, Blogger...

Popular posts from this blog

The 4 Amazing Health Benefits of Saluyot Leaves.

Saluyot, photo from  YouTube Illness prevention and cure do not need to be expensive. Most Filipinos opt to take herbal medicines first before indulging with costly medicines with or without doctor’s advice. The vegetables we often find in the market are not just there as plainly ingredients but also a source of vitamins and minerals. One is saluyot. What Is Saluyot? Corchorus olitorious or saluyot has many health benefits. It is used for food consumption because of its high nutritional value. It is considered as a health booster. This leafy veggie belongs to the Malvaceae family and grows on tropical areas. This herbal plant carries vitamins and minerals. It is an abundant source of vitamin A, C, E, calcium, iron, and dietary fibers. Saluyot, photo from  Tagalog Lang Amazing Benefits of Saluyot  Promotes good eyesight Saluyot has beta-carotene content which promotes good eyesight. Its richness in vitamin A will help you prevent or avoid ...
Post a Comment
Read more

PMA Alumnus Reveals Shocking Story about Trillanes Family: “Nilustay ng kanyang tatay ang pera ng AFP”

Photo from Facebook A first hand comment was shared by Commodore Vicente Cejoco, AFP, PMA class 1982-2013 Outstanding Filipino Soldiers Awardee (TOPS), an was posted by Ernesto Aquino on his Facebook account. According to Cejoco, Trillanes was one of the students he handled at PMA (Philippine Military Academy) as an Engineering instructor. He also added that the class of Trillanes belonged to the last PMA cadets he handled. Back when Vicente was still the Commander of PMA COMMEL(Communication and Electronics) Company and the  COMMEL Staff officer of General Rodolfo “Pong” Gaspar Biazon, he recalled Antonio’s father, who was the Assistant J-6/ Deputy Chief COMMEL AFP,  was being tagged as Dumbguard Trillanes IV to his office after asking the PMA Commandants to release him.  During the company level punishments or “mase-mass”, Cejoco said that Trillanes Sr. still had the guts to eat in his office while his mistahs were dying in the  hallways of Melc...
Post a Comment
Read more

PhD thesis details Ninoy Aquino’s collaboration with Communist Party/NPA

First of a series on the Scalice revelations THE Yellows’ martyr Benigno ‘Ninoy’ Aquino, Jr. was crucial in the founding and growth of the Communist Party of the Philippines and the New People’s Army (CPP-NPA). Aquino, until his arrest when martial was declared in 1972, supported the CPP-NPA as one of his weapons to topple his arch-enemy Ferdinand Marcos. This is among the many explosive conclusions and details of a 2017 PhD dissertation by Joseph Scalice at the University of California, Berkeley, entitled  Crisis of Revolutionary Leadership: Martial Law and the Communist Parties of the Philippines, 1957-1974. The 800-page thesis is replete with encyclopedic information not just on the old pro-Soviet  Partido Komunista ng Pilipinas  (PKP) and Jose Ma. Sison’s pro-China Communist Party of the Philippines (CPP). Scalice reveals surprising details on political figures of that era that would shock the Yellows and the Reds. Scalice appears to have sp...
Post a Comment
Read more