G.R. No.

158088 July 6, 2005

Facts:

1. The petitioners filed a petition for mandamus to compel the Office

of the Executive Secretary and the Department of Foreign Affairs to
transmit the signed copy of the Rome Statute of the International
Criminal Court to the Senate of the Philippinesfor its concurrence
pursuant to Sec. 21, Art VII of the 1987 Constitution.

2. The Rome Statute established the Int'l Criminal Court which will
have jurisdiction over the most serious crimes as genocide, crimes
against humanity, war crimes and crimes of aggression as defined by
the Statute. The Philippines through the Chargie du Affairs in UN. The
provisions of the Statute however require that it be subject to
ratification, acceptance or approval of the signatory state.

3. Petitioners contend that ratification of a treaty, under both

domestic and international law, is a function of the Senate, hence it is
the duty of the Executive Department to transmit the signed copy to
the senate to allow it to exercise its discretion.

Issue: Whether or not the Exec. Secretary and the DFA have the
ministerial duty to transmit to the Senate the copy of the Rome
Statute signed by a member of the Philippine mission to the U.N.
even without the signature of the President.

The Supreme Court held NO.

1. The President as the head of state is the sole organ and authorized
in the external relations and he is also the country's sole
representative with foreign nations, He is the mouthpiece with
respect to the country's foreign affairs.

2. In treaty-making, the President has the sole authority to negotiate

with other states and enter into treaties but this power is limited by
the Constitution with the 2/3 required vote of all the members of the
Senate for the treaty to be valid. (Sec. 21, Art VII).

3. The legislative branch part is essential to provide a check on the

executive in the field of foreign relations, to ensure the nation's
pursuit of political maturity and growth.