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

Duterte Stresses Importance of Education.

Photo from Flyingketchup.ph The youth is the hope and future of the nation. That’s an undeniable fact. So regardless of their circumstances, every Filipino child should have access to quality education, according to President Rodrigo Duterte. He said this during a  groundbreaking of two school facilities in Bulacan. “Education is indeed the most valuable gift that we can leave behind to the succeeding generations,” he said. “This is why I have been firm in my stand that no Filipino youth should ever be denied access to high quality education, whatever circumstances they may be in,” Duterte added. Both the groundbreaking of Gen. Gregorio del Pilar National High School and the unveiling of the proposed Pandi National High School in Bulacan were commended by the president. He said that the school buildings will be instrumental in improving the children’s lives and developing the nation’s future leaders. “I am glad to join you today as we break ground on two secondary school
Post a Comment
Read more

US-Based Blogger Hits Presidential Form Of Government: Bicol Region Collects P12 B Tax, Pero Ni Walang Highway!

US-based blogger and accountant Edwin Jamora / photo from his social media account US-based blogger and accountant Edwin Jamora took Facebook as platform to express his analysis as to a Federal Form of Government could do in terms of regional development. Jamora said that 99.99% of businesses are located in Metro Manila, reason why, there was small collections of tax in other provinces. He also cited the main reason why foreign investors only focus in the capital city due to lack of western style infrastructure in the provinces. Read his complete post below: TAX COLLECTION CHART So, this chart is very easy to read, korek? Manila has the highest tax revenue collection. Why? Eh kasi 99.99% of the businesses are located in Metro-Manila. Result? That's where all Filipinos go. Forecast? The metropolis will soon die. It will choke. It won't be able to move. Look at Manila now. Umambon lang, Bahasa Metro-Manila na. And how come the rest in the cou
Post a Comment
Read more

Ex-actor Lito Gruet Shared His Life in the Slums as a Drug Addict And How He Take Back His Life.

Narcotics or known as drugs is indeed a powerful magnet that drowns people to a pool of vices. It can create distinctive shortcomings and can kill not only the user, a family, but a better life ahead. The “drug war” that Duterte started is still on the run but on a chill mode. Its been two years since thousands of drug involved personas are apprehended. Some risked their lives by refusing to appeal guilt and undergo rehabilitation and some willingly take the chance to become sober and come out clean. Lito Gruet’s story An ex-actor and model, Lito Gruet shared his inspiring life story through social media, Facebook. He started his fairytale-like story with how promising his life was for a “probinsyano” like him. He became an actor, starred on movies “akyat bahay gang,” “Room 69,” and the famous “Shake, Rattle, and Roll.” Gruet walked on different catwalks in different countries. In short, his life in the business industry gave him a chance to work with the elite, i
Post a Comment
Read more