D. Relationship Between International and Domestic Law

Relationship Between International and Domestic Law

Concept

International law governs the rights and obligations of States and other international actors. Domestic law governs within the Philippines. Their relationship matters when an international rule is invoked before a Philippine court or applied by a government official: the question is whether, and on what basis, that rule forms part of Philippine law. The Constitution provides the starting point for that inquiry. (1987 Constitution, Article II, Section 2)

Governing provisions

The Philippines adopts the generally accepted principles of international law as part of the law of the land and pursues a policy of peace, equality, justice, freedom, cooperation, and amity with all nations. The Constitution separately requires the concurrence of at least two-thirds of all the Members of the Senate before a treaty or international agreement is valid and effective in the Philippines. These provisions address different matters: the place of generally accepted principles in domestic law, and the constitutional process for consenting to treaties and international agreements. (1987 Constitution, Article II, Section 2) (1987 Constitution, Article VII, Section 21)

Requisites / Rules

• Incorporation refers to the constitutional adoption of generally accepted principles of international law as part of Philippine law. A party invoking this route must identify a principle that has attained that character; it is not enough to label a proposition an international practice or policy. (1987 Constitution, Article II, Section 2)
• Transformation describes the process by which an international undertaking is given domestic legal effect through the constitutionally required act, such as concurrence in a treaty where Article VII, Section 21 applies, or through legislation where implementation calls for a statute. (1987 Constitution, Article VII, Section 21) (1987 Constitution, Article VI, Section 1)

Distinctions

Incorporation and transformation are related but not interchangeable. Incorporation concerns generally accepted principles of international law. Transformation concerns the domestic effect of particular international commitments and the measures needed to carry them out. A treaty’s existence as an international commitment therefore does not, by itself, answer every question about its application in a Philippine court. The court must consider the relevant constitutional requirements and the rule sought to be enforced. (1987 Constitution, Article II, Section 2) (1987 Constitution, Article VII, Section 21)

Key doctrines

International commitments operate within the Philippine constitutional framework. In upholding Philippine participation in the World Trade Organization, the Supreme Court recognized both the State’s constitutional adoption of generally accepted principles of international law and the constitutional process for concurrence in treaties. The case illustrates that openness to international law does not dispense with constitutional review. (Tañada v. Angara, G.R. No. 118295, 2 May 1997)

Bar tip

First identify the international rule being invoked. Then ask whether its asserted domestic force rests on incorporation, a treaty that has met constitutional requirements, or an implementing law. Do not treat those routes as synonyms. (1987 Constitution, Article II, Section 2) (1987 Constitution, Article VII, Section 21)