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SENATOR AQUILINO PIMENTEL v. OFFICE OF EXECUTIVE SECRETARY

FACTS:

The petitioners filed a mandamus petition to compel the Office of the Executive Secretary and the Department of Foreign Affairs to transmit the signed copy of the Rome Statute of the International Criminal Court to the Senate of the Philippines for its concurrence. The Rome Statute established the International Criminal Court and the Philippines signed it on December 28, 2000. The petitioners argue that it is the duty of the executive department to transmit the signed copy of the Rome Statute to the Senate for its ratification, as ratification is a function of the Senate. The Office of the Solicitor General questions the standing of the petitioners and argues that the executive department has no duty to transmit the treaty to the Senate.

ISSUES:

  1. Whether the Executive Secretary and the Department of Foreign Affairs have a ministerial duty to transmit to the Senate the copy of the Rome Statute signed by a member of the Philippine Mission to the United Nations even without the signature of the President.

RULING:

  1. No, the Executive Secretary and the Department of Foreign Affairs do not have a ministerial duty to transmit to the Senate the copy of the Rome Statute signed by a member of the Philippine Mission to the United Nations without the signature of the President. The Court ruled that the power to negotiate and enter into treaties lies solely with the President, and the President has the discretion to decide whether or not to ratify a treaty even after it has been signed by the Philippine representative. Such decisions are beyond the jurisdiction of the Court to compel via a writ of mandamus.

PRINCIPLES:

  1. Doctrine of Separation of Powers The President has the sole authority to negotiate and enter into treaties and is the chief architect of foreign policy.

  2. Ratification Process Ratification of treaties is an executive act, and not merely an extension of the signature of the treaty by the state's representative; it embodies the state's decision to be bound by the treaty provisions.

  3. Checks and Balances The Senate's role is limited to giving or withholding its concurrence to the ratification of treaties; it cannot compel the executive branch to submit a treaty for its approval.

  4. Jurisdictional Limitation of Courts The Court cannot compel the executive branch to perform an act that falls within the discretion of the President using a writ of mandamus.

  5. Vienna Convention on the Law of Treaties The signing of a treaty does not bind the state; it is the ratification that does, which includes an element of discretion even after signing.