QuestionsQuestions (PROCLAMATION NO. 28)
It makes public the Philippines’ declaration recognizing, as compulsory and ipso facto (without special agreement), the jurisdiction of the International Court of Justice (ICJ) over disputes covered by Article 36(2) of the ICJ Statute, on condition of reciprocity and for the stated duration, subject to the terms of the declaration.
It means that once a State makes the Article 36(2) declaration (and the other State accepts the same obligation), the ICJ’s jurisdiction is automatically available for the specified categories of disputes, without needing a separate agreement (compromis) for each case.
Disputes mentioned in paragraph 2, Article 36 of the ICJ Statute: (a) interpretation of a treaty; (b) any question of international law; (c) existence of any fact which would constitute a breach of an international obligation; and (d) the nature or extent of reparation for such breach.
Reciprocity means the Philippines recognizes compulsory jurisdiction in relation to “any other state accepting the same obligation,” and the declaration is explicitly made “on condition of reciprocity.”
The declaration initially applies for ten years starting July 4, 1946. After that, it continues until the Philippine Government notifies abrogation (termination).
The text states that the President secured the Senate’s concurrence “in accordance with constitutional procedure,” and the Senate concurred in the President’s proposed declaration. This indicates legislative concurrence was required before the President could make the declaration on behalf of the Republic.
To show compliance with internal constitutional requirements for international undertakings—i.e., that the Philippines’ acceptance of compulsory ICJ jurisdiction was not made unilaterally without the required domestic approval.
Article 36(4) requires deposit of the declaration with the Secretary-General of the United Nations, with transmission to parties and the ICJ Registrar. The proclamation reproduces Article 36’s relevant provisions but does not separately narrate the deposit step; it relies on the legal framework of Article 36.
If a controversy arises whether the ICJ has jurisdiction, the issue will be resolved by the ICJ itself through a decision, meaning the jurisdictional question is ultimately judicially determined by the Court.
The proclamation’s final clause speaks to observance and fulfillment “by the Republic of the Philippines and the citizens thereof,” reflecting that obligations assumed by the State must be complied with domestically, but the declaration itself concerns the State’s international acceptance of ICJ jurisdiction.
It notes that because the Philippines is a signatory to the UN Charter, it has also subscribed to the Statute of the ICJ—thereby providing the legal basis for making an Article 36 declaration.
Publicizing ensures transparency and domestic notice of the Philippines’ international undertaking and signals good faith compliance with the declaration’s clauses by the State and its nationals.
Article 36(3) allows declarations to be unconditional or conditional on reciprocity, or limited for a certain time. Proclamation No. 28 reflects the conditional option—“on condition of reciprocity”—and specifies a time framework (ten years, then until abrogation).
It states that after the initial ten-year period, the acceptance continues until “notification of abrogation is made by the Philippine Government,” indicating formal notice is required to terminate.
Those involving treaty interpretation, disputes over rules or principles of international law, determinations of whether facts constitute a breach of an international obligation, and disputes about the nature/extent of reparation for such breach.