Dee, Manuel Jr.

2021400127

PHAP v. Duque, G.R. No. 1 73034, Oct. 9, 2007

Doctrine:

The case discusses the modes by which international law may be integrated to
domestic law.

Facts:

Petitioners assail the validity of the IRR of E.O. No. 51 which seeks to
prohibit nutrition and health claims for breastmilk substitutes, pursuant to the
International Code of Marketing of Breastmilk Substitutes (ICMBS) by the World
Health Assembly.

Issue:

Whether or not the pertinent international agreements entered by the

Philippines are part of the law of the land and may be binding.

Supreme Court’s Ruling:

No. Under the 1987 Constitution, international law can become part of the
sphere of domestic law either by:

1. Transformation – through a constitutional mechanism such

as a local legislation.
2. Incorporation – by mere constitutional declaration that
international law is deemed to have the force of domestic
law.
The ICMBS is not a treaty. However, it had been transformed into domestic law
through local legislation. Hence, it is the Milk Code, not the ICMBS that has the
force and effect of law.