49. Pimentel vs Office of the Executive Secretary, GR No.

158088, July 6, 2005

Facts: This is a petition for mandamus filed by petitioners 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 Philippines for its concurrence in accordance with Section 21, Article VII of the 1987
Constitution. The Rome Statute established the International Criminal Court which shall have the power to exercise
its jurisdiction over persons for the most serious crimes of international concern xxx and shall be complementary to
the national criminal jurisdictions. Its jurisdiction covers the crime of genocide, crimes against humanity, war crimes
and the crime of aggression as defined in the Statute. The Statute was opened for signature by all states in Rome on
July 17, 1998 and had remained open for signature until December 31, 2000 at the United Nations Headquarters in
New York. The Philippines signed the Statute on December 28, 2000 through Charge d Affairs Enrique A. Manalo
of the Philippine Mission to the United Nations. Its provisions, however, require that it be subject to ratification,
acceptance or approval of the signatory states. Petitioners filed the instant petition to compel the respondents the
Office of the Executive Secretary and the Department of Foreign Affairs to transmit the signed text of the treaty to
the Senate of the Philippines for ratification.

Issue: WON the executive may be compelled to transmit the copy of the treaty signed to the Senate for its
concurrence under the constitution.

Held: No. In our system of government, the President, being the head of state, is regarded as the sole organ and
authority in external relations and is the country’s sole representative with foreign nations. As the chief architect of
foreign policy, the President acts as the country’s mouthpiece with respect to international affairs. Hence, the
President is vested with the authority to deal with foreign states and governments, extend or withhold recognition,
maintain diplomatic relations, enter into treaties, and otherwise transact the business of foreign relations. In the
realm of treaty-making, the President has the sole authority to negotiate with other states.

*n the Philippines, the power to ratify a treaty is vested in the President, subject to concurrence by 2/3 of all the
members of the Senate [Sec. 21, Art. VII, Philippine Constitution], In Pimentel v. Office of the Executive Secretary,
G.R. No. 158088, July 6, 2005, the Supreme Court said that in our system of government, the President, being the
head of State, is regarded as the sole organ and authority in external relations and is the country’s sole representative
with foreign nations. As the chief architect of foreign policy, the President acts as the country’s mouthpiece with
respect to international affairs. The President is vested with the authority to deal with foreign states and
governments, extend or withhold recognition, maintain diplomatic relations, enter into treaties, and