1. Doctrine of Incorporation and Transformation

Doctrine of Incorporation

It means that the generally accepted principles of international law form part of the law of the land and no further legislative action is needed to make such principles applicable in the domestic sphere. It is opposed to the doctrine of transformation, which states that international law only forms a part of municipal law if accepted as such by statute or judicial decisions. (Sec. 2, Art. II, 1987 Constitution; Government of the United States of America v. Purganan, G.R. No. 148571, 24 Sept. 2002; Bernas, 2009; Shaw, 2017)

NOTE: The doctrine of incorporation is adopted in our Constitution under Art. II, Sec. 2 which states that the Philippines adopts the generally accepted principles of international law as part of the law of the land. (Sec. 2, Art. II, 1987 Constitution)

Doctrine of Transformation

It provides that the generally accepted rules of international law are not per se binding upon the state but must first be embodied in legislation enacted by the lawmaking body and so transformed into municipal law. (Cruz, 2003)

Through the treaty-making power of the President, a treaty or international agreement requires concurrence by at least two-thirds of all the Members of the Senate to be valid and effective under the Constitution. Its entry into force and the domestic application of particular provisions must also be assessed under the treaty’s terms and applicable law. (Sec. 21, Art. VII, 1987 Constitution)

Types of Transformation Theories

• Hard Transformation Theory. Only legislation can transform international law into domestic law. Courts may apply international law only when authorized by legislation; and,
• Soft Transformation Theory. Either a judicial or legislative act of a state can transform International Law into domestic law.

Principle of Auto-Limitation (2006 BAR)

It is the doctrine where a state adheres to principles of international law as a limitation/restriction to the exercise of its sovereignty.

NOTE: While sovereignty has traditionally been deemed absolute and all-encompassing on the domestic level, it is however subject to restrictions and limitations voluntarily agreed to by the Philippines, expressly or impliedly, as a member of the family of nations. By the doctrine of incorporation, the country is bound by generally accepted principles of international law, which are considered to be automatically part of our own laws. Thus, sovereignty of a state is not absolute on an international level.

Corollary, a state has agreed to surrender some of its sovereign rights in exchange for greater benefits that it may derive by being a member of the family of nations or by virtue of treaty stipulations.