Bayan Muna vs.

Romulo

Doctrine:

International agreements may be in the form of:

(1) treaties that require legislative concurrence after executive

ratification; or
(2) executive agreements that are similar to treaties, except that they
do not require legislative concurrence and are usually less formal and
deal with a narrower range of subject matters than treaties.

Under International law, there is no difference between treaties and

executive agreements in terms of their binding effects on the
contracting states concerned, as long as the negotiating
functionaries remained within their powers

International
Agreements

Executive Agreement
-No legislative
Treaty
concurrence
-Legislative concurrence
-Less formal
after senate ratification
-Narrower range of
subject matter

FACTS:

December 28, 2000 the Philippines signed the Rome Statute, which by
its terms is subject to ratification, acceptance or approval by the signatory
states. Only 92 out of 139 signatory completed the ratification; the
Philippines is not among the 92.

Rome Statute - is the treaty that established the International

Criminal Court (ICC) with the the power to exercise jurisdiction over
persons for the serious crimes of international concern and shall be
 complementary to the national criminal jurisdiction. (Serious crimes
adverted under International Law: Genocide, Crimes against
humanity, War crimes and Crimes of aggression)

May 9, 2003 Then, US ambassador Francis Ricciardone sent US Embassy

Note no. 0470 to the DFA proposing the terms of Non-surrender Bilateral
Agreement (Agreement) which aims to protect persons of RP and US
from frivolous harassment suits that might be brought to against them in
International Tribunals.

May 13, 2003 - via Exchange of Notes no. BFO-028-03, RP, represented by
DFA Secretary Ople agreed with the accepted the proposals
embodied under the US Embassy Note adverted to and put in effect the
Agreement with US government.

October 28, 2003 Ambassador Ricciardone, in response to a query of

Solicitor General Alfredo Benipayo, replied that the exchange of
diplomatic notes constituted a legally binding agreement under the
International Law and that under the US law, the agreement did not
require consent from the US Senate.

Petitioner Bayan Muna imputes grave abuse of discretion to respondents in

concluding and ratifying the Agreement and prays that it be struck down as
unconstitutional.

ISSUE/S:

1. Whether the RP President and the DFA Secretary gravely abused

their discretion, amounting to lack or excess of jurisdiction for concluding
the RP-US Non-surrender Agreement, when the RP government already
signed the Rome Stature of the ICC despite the pending ratification of the RP
Senate.

2. Whether the RP-US Non-surrender Agreement is VALID, binding

and effective without the concurrence of 2/3 of the Senate.

HELD:

1. NO. In agreeing to conclude the Agreement, then President Gloria

Macapagal-Arroyo, represented by the DFA Secretary Ople, acted within the
scope of their authority and discretion vested in her by the
constitution. More importantly, an act of the executive branch with a
foreign government must be afforded great respect. The power to enter
into executive agreements has always been lodged with the
President. The rationale behind the principle is the inviolable doctrine of
separation of powers among the legislative executive and judicial branches of
the government. Thus, In light of the above consideration, the position that
the challenged RP-US Non-surrender Agreement, ought to be in the form of
treaty to be effective has to be rejected.
2. YES. Referring to the validity of the Agreement without concurrence by at
least 2/3 of the Senate, the court has given recognition to the
OBLIGATORY EFFECT OF EXECUTIVE AGREEMENTS without the
concurrence of the Senate.

International agreements may be in the form of:

(3) treaties that require legislative concurrence after executive

ratification; or
(4) executive agreements that are similar to treaties, except that they
do not require legislative concurrence and are usually less formal and
deal with a narrower range of subject matters than treaties.