Case Digest (G.R. No. 155849) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
On March 15, 2018, the Republic of the Philippines, through a Note Verbale delivered on March 16, completed the procedure prescribed by Article 127(1) of the Rome Statute for withdrawal from the International Criminal Court (ICC). The United Nations Secretary-General received that notice on March 17, 2018, and the ICC formally acknowledged that withdrawal, which took effect one year later. Prior to these events, the Philippines had signed the Rome Statute in 2000, passed Republic Act No. 9851 (the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity) in 2009, and secured Senate concurrence to ratify the Statute in 2011. On May 16, 2018, Senators Pangilinan, Drilon, Aquino IV, De Lima, Hontiveros, and Trillanes (G.R. No. 238875) filed a petition for certiorari and mandamus, arguing that the President’s unilateral withdrawal violated the Constitution’s requirement of Senate concurrence. On June 13, 2018, the Philippine Coalit Case Digest (G.R. No. 155849) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Background
- Treaty and statutory developments
- December 28, 2000 – Philippines signs the Rome Statute of the International Criminal Court (ICC).
- July 1, 2002 – Rome Statute enters into force internationally.
- December 11, 2009 – RA 9851 ("Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity") enacted, replicating many Rome Statute provisions.
- August 23, 2011 – Senate Resolution No. 546 (17–1 vote) concurs in accession; August 30, 2011 – instrument of ratification deposited; November 1, 2011 – Rome Statute enters into force in the Philippines.
- Withdrawal and petitions
- February 8, 2018 – ICC Prosecutor opens preliminary examination of alleged crimes in Philippines’ drug war.
- March 15–17, 2018 – President Duterte announces and formally notifies UN Secretary-General of Philippines’ one-year withdrawal from the Rome Statute under Article 127(1).
- May 16 – August 14, 2018 – Three petitions for certiorari and mandamus filed:
- G.R. No. 238875 by six senators;
- G.R. No. 239483 by Philippine Coalition for the ICC and individuals;
- G.R. No. 240954 by Integrated Bar of the Philippines.
- Procedural history
- July 6, 2018 – Office of the Solicitor General files consolidated comment.
- August 28, September 4, and October 9, 2018 – Oral arguments conducted.
- March 17, 2019 – UN Secretary-General receives withdrawal notice; ICC Assembly President regrets withdrawal effective March 17, 2019.
- March 16, 2021 – Supreme Court decision dismissing petitions promulgated.
Issues:
- Justiciability
- Actual, live controversy and ripeness
- Standing of senators, coalition, and IBP
- Mootness due to completed withdrawal
- Political-question doctrine
- Proper use of Rule 65 certiorari and mandamus
- Validity of withdrawal
- Compliance with Rome Statute Article 127 procedures
- President’s unilateral power to terminate treaties: scope and limits
- Effect of RA 9851 and Senate concurrence on withdrawal authority
- Requirement (if any) of two-thirds Senate concurrence for withdrawal
- International-law consequences
- Breach of treaty obligations under international law
- Continued ICC jurisdiction over acts prior to effective withdrawal
- Impact on protection of human rights domestically and abroad
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)