Question & AnswerQ&A (PROCLAMATION NO. 28)
The Republic of the Philippines recognizes the compulsory jurisdiction of the International Court of Justice under paragraph 2, Article 36 of the Statute of the International Court of Justice.
The disputes include: a) interpretation of a treaty; b) any question of international law; c) existence of any fact that would constitute a breach of an international obligation; d) nature or extent of reparation for the breach of an international obligation.
It means that the Philippines consents in advance to the jurisdiction of the ICJ in the specified legal disputes without needing a separate agreement for each case, provided the other state involved accepts the same obligation.
The declaration may be made unconditional, on condition of reciprocity by other states, or for a specific period of time.
The Philippines recognized the compulsory jurisdiction for a period of ten years from July 4, 1946, and thereafter until notification of abrogation by the Philippine Government.
The declaration requires the concurrence of the Senate of the Philippines in accordance with constitutional procedure.
The Secretary-General of the United Nations receives the declarations, deposits them, and transmits copies to the parties to the Statute and to the Registrar of the Court.
The matter shall be settled by the decision of the International Court of Justice.
It formally obligates both the government and its citizens to observe and fulfill in good faith the declaration recognizing the compulsory jurisdiction of the ICJ in the specified legal disputes.