b. Requisites for Validity

Requisites for Validity of a Treaty

• Treaty-making capacity - Every State possesses the capacity to conclude treaties, as an attribute of sovereignty;
• Competence of the representative concluding the treaty;
• Parties must freely give their Consent;
• Object and subject matter must be Lawful;
• The parties must express consent to be bound through an applicable means recognized by international law. Where ratification is required, it must comply with the parties’ applicable constitutional processes; in the Philippines, treaties require Senate concurrence under Article VII, Section 21 of the Constitution. (Vienna Convention on the Law of Treaties, Arts. 11–14; 1987 Constitution, Art. VII, Sec. 21) (Nachura, 2014)

Requisites of a Valid Ordinance:

• Must not contravene the Constitution or any statute
• Must not be unfair or oppressive
• Must not be partial or discriminatory
• Must not prohibit, but may regulate trade
• Must not be unreasonable
• Must be general and consistent with public policy

An ordinance authorizing the expropriation of parcels of land for the creation of a freedom park cannot be struck down for the reason that the municipality has an existing freedom park still suitable for the purpose because under Section 56 (c) of the LGC, the Sangguniang Panlalawigan can declare the ordinance valid only if it is beyond the power of the Sangguiniang Bayan.

An ordinance penalizing any person or entity engaged in the business of selling tickets to movies or other public exhibitions, games or performances which would charge children between 7 and 12 years of the full price of tickets instead of only one-half the amount is void because it is unreasonable. It deprives sellers of the tickets of their property without due process. A ticket is a property right and may be sold for such price as the owner of it can obtain. There is nothing malicious in charging children the same price as adults.  (Balacuit v. CFI of Agusan del Norte, G.R. No. L-38429, 1988).