Laws & Jurisprudence
DOCTRINE OF INCORPORATION
5:27 PM
The
courts have applied the rules of international law in a number of cases even if
such rules had not previously been subject of statutory enactments, because
these generally accepted principles of international law are automatically part
of our own laws.( Sec. 2 Article II of
the Constitution)
It
means that the rules of International law form part of the law of the land and
no legislative action is required to make them applicable in a country. By this
doctrine, the Philippines is bound by generally accepted principles of
international law, which are considered to be automatically part of our own
laws. (Tañada v. Angara, G.R. No. 118295,
May 2, 1997)
The
doctrine of incorporation is applied whenever municipal tribunals (or local courts)
are confronted with situations in which there appears to be a conflict between
a rule of international law and the provisions of the Constitution or statute
of the local state. Efforts should first
be exerted to harmonize them, so as to give effect to both since it is to be
presumed that municipal law was enacted with proper regard for the generally
accepted principles of international law in observance of the Incorporation
Clause in Section 2, Article II of the Constitution. In a situation however, where the conflict is
irreconcilable and a choice has to be made between a rule of international law
and municipal law, jurisprudence dictates that municipal law should be upheld
by the municipal courts for the reason that such courts are organs of municipal
law and are accordingly bound by it in all circumstances. The fact that international law has been made
part of the law of the land does not pertain to or imply the primacy of
international law over national or municipal law in the municipal sphere. The doctrine of incorporation, as applied in
most countries, decrees that rules of international law are given equal
standing with, but are not superior to, national legislative enactments. Accordingly, the principle of lex posterior
derogat priori takes effect – a treaty may repeal a statute and a statute may
repeal a treaty. In states where the
Constitution is the highest law of the land, such as the Republic of the
Philippines, both statutes and treaties may be invalidated if they are in
conflict with the Constitution. (Secretary of Justice v. Lantion, G.R. No.
139465, January 18, 2000)
BAR QUESTION (2000)
The Philippines has become a member of the
World Trade Organization (WTO) and resultantly agreed that it "shall
ensure the conformity of its laws, regulations and administrative procedures
with its obligations as provided in the annexed Agreements." This is
assailed as unconstitutional because this undertaking unduly limits, restricts
and impairs Philippine sovereignty and means among others that Congress could
not pass legislation that will be good for our national interest and general
welfare if such legislation will not conform with the WTO Agreements. Refute
this argument. (5%)
ANSWER:
According to Tanada v. Angara, 272 SCRA
18 (1997), the sovereignty of the Philippines is subject to restriction by its
membership in the family of nations and the limitations imposed of treaty
limitations. Section 2. Article II of the Constitution adopts the generally
accepted principles of international law as part of the law of the land. One of
such principles is pacta sunt servanda. The Constitution did not envision a
hermit-like isolation of the country from the rest of the world.
DISCLAIMER: The author is not lawyer nor an authority on this topic. It is a product of humble research and study of law. The information provided is not a legal advice and it should not be used as a substitute for a competent legal advice from a licensed lawyer.
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