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Bayan Muna Vs Romulo
Bayan Muna Vs Romulo
On December 28, 2000, the RP, through Charge d’Affaires Enrique A. Manalo,
signed the Rome Statute which, by its terms, is “subject to ratification,
acceptance or approval” by the signatory states. As of the filing of the instant
petition, only 92 out of the 139 signatory countries appear to have completed
the ratification, approval and concurrence process. The Philippines is not
among the 92.
RP-US Non-Surrender Agreement
On May 9, 2003, then Ambassador Francis J. Ricciardone sent US Embassy
Note No. 0470 to the Department of Foreign Affairs (DFA) proposing the
terms of the non-surrender bilateral agreement (Agreement, hereinafter)
between the USA and the RP.
Via Exchange of Notes No. BFO-028-037 dated May 13, 2003 (E/N BFO-028-
03, hereinafter), the RP, represented by then DFA Secretary Ople, agreed with
and accepted the US proposals embodied under the US Embassy Note
adverted to and put in effect the Agreement with the US government. In esse,
the Agreement aims to protect what it refers to and defines as “persons” of the
RP and US from frivolous and harassment suits that might be brought against
them in international tribunals.8 It is reflective of the increasing pace of the
strategic security and defense partnership between the two countries. As of
May 2, 2003, similar bilateral agreements have been effected by and between
the US and 33 other countries.
2. Persons of one Party present in the territory of the other shall not, absent
the express consent of the first Party,
5. This Agreement shall remain in force until one year after the date on which
one party notifies the other of its intent to terminate the Agreement. The
provisions of this Agreement shall continue to apply with respect to any act
occurring, or any allegation arising, before the effective date of termination.
The Court is not persuaded. Suffice it to state in this regard that the non-
surrender agreement, as aptly described by the Solicitor General, “is an
assertion by the Philippines of its desire to try and punish crimes under its
national law. x x x The agreement is a recognition of the primacy and
competence of the country’s judiciary to try offenses under its national
criminal laws and dispense justice fairly and judiciously.”