Primary Holding

The Supreme Court upheld the validity of the RP-US Non-Surrender Agreement as a proper executive agreement that does not require Senate concurrence.

Background

The case stems from the Philippines' signing of the Rome Statute establishing the ICC on December 28, 2000, followed by the execution of a bilateral Non-Surrender Agreement with the US on May 13, 2003 through an Exchange of Notes.

Facts

• 1. The Philippines signed the Rome Statute but had not yet ratified it
• 2. The US and Philippines entered into a Non-Surrender Agreement through Exchange of Notes
• 3. The agreement prevents surrender of each country's officials and nationals to international tribunals without express consent
• 4. The agreement aims to protect against "frivolous and harassment suits"
• 5. Similar agreements exist between the US and 33 other countries

Arguments of the Petitioners

• 1. Agreement requires Senate concurrence
• 2. Violates the Rome Statute obligations
• 3. Constitutes grave abuse of discretion
• 4. Undermines Philippine sovereignty
• 5. Contravenes international law principles

Arguments of the Respondents

• 1. Agreement is a valid executive agreement
• 2. Senate concurrence not required
• 3. Within President's foreign affairs powers
• 4. Consistent with international law
• 5. Protected by sovereign immunity principles

Issues

• 1. Whether the Agreement requires Senate concurrence
• 2. Whether it violates the Rome Statute
• 3. Whether it undermines ICC jurisdiction
• 4. Whether it constitutes grave abuse of discretion
• 5. Whether it violates Philippine sovereignty

Ruling

• 1. The Court upheld the Agreement's validity
• 2. Executive agreements do not require Senate concurrence
• 3. Agreement does not violate Rome Statute Article 98
• 4. Complementarity principle preserves state jurisdiction
• 5. No grave abuse of discretion by executive branch
• 6. Valid exercise of sovereign rights and foreign affairs powers
• 7. Consistent with international law principles
• 8. Does not impair ICC's jurisdiction

Doctrines

• 1. Doctrine of Incorporation - Generally accepted principles of international law form part of Philippine law
• 2. Complementarity Principle - ICC jurisdiction complements national courts
• 3. Executive Agreement Doctrine - Distinct from treaties requiring Senate concurrence
• 4. Sovereign Immunity - States may limit jurisdiction through agreements
• 5. Pacta Sunt Servanda - Treaties must be performed in good faith

Precedents Cited

• 1. "Nothing in the Constitution prohibits such agreements recognizing immunity from jurisdiction or some aspects of jurisdiction (such as custody), in relation to long-recognized subjects of such immunity like Heads of State, diplomats and members of the armed forces contingents of a foreign State allowed to enter another State's territory."

Statutory and Constitutional Provisions

• 1. Article II, Section 2 - Adoption of international law principles
• 2. Article VII, Section 21 - Treaty-making power
• 3. RA 9851 - Philippine Act on International Humanitarian Law
• 4. Vienna Convention on the Law of Treaties
• 5. Rome Statute of the ICC