Ranks up there with—the dog ate my homework
Just My Opinion
By Raïssa Robles
President Rodrigo Duterte claims the International Criminal Court cannot prosecute him mainly because the Rome Statute which created the ICC never took effect in the Philippines.
He argues that although the Senate did ratify it, the Rome Statute was never published in the Official Gazette nor in any Philippine newspaper of general circulation.
Thus, he concludes in his nine-page “Statement” issued on March 13, 2018: “There being no jurisdiction of the said law, it stands to reason that the Rome Statute cannot be enforceable in the Philippines hence the International Criminal Court has not acquired jurisdiction nor can it acquire jurisdiction over my person.”
This lame excuse is similar to a student telling his teacher that the dog ate his homework.
According to Duterte, a former city prosecutor:
…in our jurisdiction, it is required that a law before it takes effect, the same must be either published in the Official Gazette or in a newspapers of general circulation.”
On August 30, 2011, the Philippine Senate ratified the treaty in the matter of the enforcement of the Rome Statute between the Philippine Government and the United Nations.”
Official record particularly the Official Gazette, the Rome Statute or the law by which I am now being subjected to a preliminary examination was not published thereat. Neither is there any showing that the said Rome Statute was ever published in a newspaper of general circulation.”
There being no jurisdiction of the said law, it stands to reason that the Rome Statute cannot be enforceable in the Philippines hence the International Criminal Court has not acquired jurisdiction nor can it acquire jurisdiction over my person.”
Duterte is correct when he says that the Rome Statute, which is the ICC governing law, HAS NEVER BEEN PUBLISHED BY THE OFFICIAL GAZETTE nor by a newspaper of general circulation.
And for four good reasons.
First, because the Rome Statute is not a law enacted by Philippine Congress, requiring final approval by the President. In fact, treaties and international agreements like the Rome Statute are the exact opposite. It is the President who submits these to the Senate for ratification.
Second, the Senate ratifies treaties and international agreements by approving A SENATE RESOLUTION. NOT A LAW.[NOTE: Duterte insists on calling the Rome Statute “a law”. The word “law” has a specific definition in the Philippine Constitution. It has to be passed by both the Lower House and the Upper House of Congress. Clearly, the Rome Statute is not “a law”, as defined by our Constitution.]
Third, it is the Senate portal, not the Official Gazette under the Office of the President, that publishes international treaties and agreements it has ratified. The text of the Rome Statute is in this portal. Click on this link.
In the same manner, only the Supreme Court portal publishes decisions it makes as well as those of the Sandiganbayan, Court of Appeals and Court of Tax Appeals, not the Official Gazette.
Remember, we have three co-equal branches of government.
Fourth, in 2011, the Office of the President authorized the Department of Foreign Affairs (DFA) under Secretary Albert del Rosario to take charge of publishing ALL international treaties and agreements ONLINE. At that time, these numbered 1,600.
In fact, the Official Gazette announced this development online:
DFA launches Philippine Treaties Online
https://www.officialgazette.gov.ph/2011/09/07/dfa-launches-philippine-treaties-online/
A September 7, 2011 press release from the Department of Foreign Affairs
The Department of Foreign Affairs (DFA), through its Office of Legal Affairs (OLA), has made available on its website the full text of some 1,600 international agreements entered into the country since 1946, under its “Philippine Treaties Online” project.
“The launch of the Philippine Treaties Online is a significant achievement for the Department pursuant to the commitment of the Aquino Administration to “transparent, accountable and participatory governance,” Foreign Affairs Secretary Albert del Rosario said.
The announcement gave the link to the Treaties as—http://dfa.gov.ph/treaties/ola
The contents had been painstakingly gathered by former DFA spokesman and now Ambassador to Malaysia J. Eduardo Malaya.
The Philippine Daily Inquirer carried the news release without the DFA link:
Philippines puts 1,600 international treaties online
GMA News also published both the release and the DFA link:
DFA: 1,600 PHL treaties now accessible online
But now, when you go to http://dfa.gov.ph/treaties/ola, you get the message – “category not found”.
Try it.
In the DFA website, under Resources, when you click on the link “Philippine Treaties Online”, you get NOTHING.
Here’s the link—http://124.106.127.217/treaty/
Try it.
Why were copies of the 1,600 plus treaties signed by the Philippines disappeared? When I told my hubby Alan @hotmanila about it, he asked me: “Was it upon the initiative of a low level coward or the orders of a high level coward?”
♦ ♦ ♦
I asked Manolo Quezon why the Rome Statute is not in the Official Gazette
Just to make sure, I asked former Presidential Communications Undersecretary Manolo Quezon why the Official Gazette, which was once under his care, never published the Rome Statute.
Quezon told me:
international agreements were handled by DFA and Senate concurrence is a legislative document so it would only appear in paper gazette if Senate and/or DFA had copy included, while we did not have a direct pipeline to Senate since they handle their own website.”
Quezon added:
On the other hand DFA has a section on treaties on its site as well as announcing treaty matters, coordination was always taking place to ensure primacy of DFA on foreign affairs matters and to avoid improper use of terms.”
I also asked Quezon to click on the DFA link—http://dfa.gov.ph/treaties/ola
He confirmed that the link was dead.
♦ ♦ ♦
Only rarely has the Official Gazette published an international agreement. One of them is the “Mutual Defense Treaty between the Republic of the Philippines and the United States of America, August 30, 1951” [see – https://www.officialgazette.gov.ph/1951/08/30/mutual-defense-treaty-between-the-republic-of-the-philippines-and-the-united-states-of-america-august-30-1951/
Another is the Enhanced Defense Cooperation Agreement between Manila and Washington. http://www.officialgazette.gov.ph/downloads/2014/04apr/20140428-EDCA.pdf
♦ ♦ ♦
Still, let’s test Duterte’s argument with a simple experiment
Don’t just take my word for it.
Let’s test the correctness of Duterte’s argument that if an international agreement such as the Rome Statute was not published in the Official Gazette or in a newspaper, it is not in effect and therefore does not cover Filipinos.
This argument should cover ALL TREATIES AND INTERNATIONAL AGREEMENTS ratified by the Senate, right? Duterte makes no exception.
In August 2012 – or a year after ratifying the Rome Statute – the Senate also ratified the Maritime Labour Convention 2006.
Senate Foreign Relations Committee Chair Loren Legarda underscored its importance to Filipino seafarers who are among the best in the world. She said,
Our ratification finally and justly establishes the bill of rights of 1.2 million seafarers worldwide, 400,000 of whom are our very own. We should take great pride in this achievement.”
You can read Legarda’s press release by clicking the link below:
http://www.senate.gov.ph/press_release/2012/0813_legarda1.asp
You can read Senate Resolution 118 concurring to Maritime Labour Convention 2006 be clicking on this Senate link:
http://www.senate.gov.ph/15th_congress/resolutions/resno118.pdf
Senate Resolution 118, however, does not append the entire Convention. You can read the text of the Convention by clicking this link on the International Labor Organization website
Now, let’s pretend we’re Duterte.
Go to the Philippine Gazette website: https://www.officialgazette.gov.ph
In the search bar, type in the words: Maritime Labour Convention.
Did you get a hit?
No?
Using Duterte’s logic, Filipino seafarers are not yet covered by the Maritime Labour Convention because this international agreement cannot be found in the Official Gazette website.
I sincerely doubt any Philippine newspaper had published the entire text – which Duterte insists should be done with international agreements – since the English version of the Maritime Labour Convention runs to 120 pages.
Let’s try again.
Another very important international agreement that the Philippine Senate concurred in is the Convention Concerning Decent Work for Domestic Workers, adopted by the Conference at its 100th Session, Geneva, 16 June 2011. It sets a Bill of Rights for Filipino domestic workers working in the Philippines and abroad.
By signing this Convention, the Philippine government and all other governments that are signatories require employers to provide contracts with clear terms for working hours, wages, decent living conditions, paid vacation leaves and weekly off days. It is what helps protect from abuse our more than 2.2 million OFWs working as domestics abroad.
According to Duterte, if this Convention is not in the Official Gazette, then Filipinos are not covered.
So again, go to https://www.officialgazette.gov.ph/ and type on the search bar – Convention Concerning Decent Work for Domestic Workers.
Again, the document IS NOT THERE. So just like the Rome Statute, this Convention Concerning Decent Work for Domestic Workers was never in effect because it was never placed in the Official Gazette.
Senate Resolution No. 115 concurring with the passage of this Convention is in the Senate portal. Click on – http://www.senate.gov.ph/15th_congress/resolutions/resno115.pdf
The Senate also uploaded the text of the entire Convention – see http://www.senate.gov.ph/15th_congress/Treaties/international%20labour%20conference%20189.pdf
Let’s try some more.
In 2012, Manila and Beijing agreed to formalize a mutual legal assistance agreement on criminal matters. The Senate concurred by approving Senate Resolution No. 83 entitled – Resolution Concurring in the Ratification of the Treaty between the Republic of the Philippines and the People’s Republic of China Concerning Mutual Legal Assistance in Criminal Matters.
Again, this is not in the Official Gazette. But it is in the Senate portal: http://www.senate.gov.ph/15th_congress/resolutions/resno83.pdf
Going by Duterte’s logic, this Treaty is not yet in effect because it is not published in the Official Gazette. So therefore China and the Philippines should not be exchanging any information about criminals, especially drug traffickers.
Let’s try just one more time.
On October 8, 2008, the Senate approved Senate Resolution No. 131, Resolution Concurring in the Ratification of the Japan-Philippines Economic Partnership Agreement (JPEPA).
This was a ground-breaking agreement which widened the areas where Filipino workers could be deployed in Japan. Before JPEPA, Filipinos could only work in bars, clubs and in some domestic settings. With JPEPA, Filipinos were allowed to work in construction, as caregivers and nurses in hospitals. JPEPA also eased tariffs on Philippine exports.
But, again, JPEPA IS NOT PUBLISHED IN THE OFFICIAL GAZETTE.
Senate Resolution No. 131 on JPEPA is published in the Senate portal – https://senate.gov.ph/14th_congress/resolutions/resno131.pdf
However, the entire JPEPA agreement is available on the website of the Department of Trade and Industry – https://www.dti.gov.ph/international-commitments/bilateral-engagements/pjepa
Using Duterte’s logic, JPEPA is NOT A DONE DEAL because, like the Rome Statute, it is not in the Official Gazette. And I doubt if the text of JPEPA was ever published in a newspaper. It runs close to a thousand pages because of the Annexes.
Gee, so many treaties benefiting our Filipino workers are defective and they never took effect because, according to Duterte, for treaties to take effect these should first be published in the Official Gazette or a newspaper.
leona says
J. Carpio of the SC already feels or suspect he is under Chinese surveillance.
Almost everbody is from top-to-bottom or bottom-to-top. Modern tech helps on it these days.
How does one escape or avoid this? Be A Ghost is one.
For calls: Use public phone booth-to-public phone booth.
For bloggers on anything about China: You Are Under Survey already!
All forms of communications are already under SURVEY. Even person-messengers too.
So, how does one get away from this or from China survey? Well, a sure way is: Go To Another Planet if you can!
https://newsinfo.inquirer.net/1101410/lacsons-unsolicited-advice-to-carpio-be-paranoid-of-chinese-surveillance
he he
arc says
porbida, the people in charge of our national security are very well paid: their duty, sleeping on the job and earning for themselves, sako-sakong mota sa mata! power napping naman is habit ng presidente, habang our kapolisan are very active mainly in killing local drug suspects at farmers, and also arresting maria ressa 7x! and where in the name of the blighted durian is lorenzana hiding his head when the chinese are slam dunking west phil sea?
therefore, cant blame carpio for being paranoid po, better to cautious than sorry.
our number one power napper sa palasyo mismo ang nagsabi na country natin is intel-ed (spied on) by foreigners. hindi masabi-sabi na ang chineses bff niya are predominantly spies and feeding him dose of daily info to sleep on!
bet, number one power napper knows all about carpio’s emails, the contents and therein make for good reading at breakfast, lunch and dinner. at betting pa rin ako number one power napper shares carpio’s emails with those around him namely them whose names sounded like redial, panghilod, etc. he, he, he.
and no, leona, para sa akoa gyud, no point po of going to another planet, the chinese has probly put that planet under surveillance too. satellite at drone technology, eyes and ears in stratosphere.
but we can always be patriots, stay put and follow del rosario and carpio-morales’ lead, take the offense and support their case vs china sa ICC.
run and hide and you’ll be followed. kaming mga bisaya prefer to face attackers and yell, uy! buang! kung buang ka, mas buang ko kaayo! he, he, he. prepare to meet thy psychiatrist!
begging your pardon po, my funny bone sometimes get the better of me.
arc says
napadpad lagi ko sa pinoy ako blog ni jover. duon sabi na pinatawad na kuno ni bong revilla ang mga critics niya.
kahit hindi nanghingi ng patawad, forgiven na pala ako, kaming mga critics niya are forgiven, good! dahil not voting talaga ako, kami, sa kanya!
leona says
The Chico River program – financed by China. A loan by PH from China. Is Chico the fruit? No. It is re ‘the Chico River Pump Irrigation Loan Agreement.’
What is the loan agreement about? Gov’t does not want to divulge. Secret. A candidate – Mr. COLMENARES says burdensome to PH interest. A justice of the SC – J. Carpio says China ‘could potentially allow China to take the gas-rich Reed Bank (Recto Bank) in the West Philippine Sea if the Philippines is unable to pay the $62-million loan.’
Buuurrrr Den sommme to PH: 1.) loan agreement filled with HOLES – loopholes, black-holes, Chino-holes, Holes-in-One, Deep holes, Pot-holes and Peep holes, atbpang butas – holes. H o L e S.
1.) Section 21. Foreign loans may only be incurred in accordance with law and the regulation of the monetary authority. Information on foreign loans obtained or guaranteed by the Government shall be made available to the public. –Loop-hole.
2.) Section 2. All lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural resources are owned by the State. –Black-hole.
3.) x x x all other natural resources shall not be alienated. [ Part of SEC. 2 ] –Chino-hole
4.) x x x The exploration, development, and utilization of natural resources shall be under the full control and supervision of the State. [ also Part of SEC. 2 ] –Peep-hole
5.) The President may enter into agreements with foreign-owned corporations involving either technical or financial assistance for large-scale exploration, development, and utilization of minerals, petroleum, and other mineral oils according to the general terms and conditions provided by (China) law, [ Part of SEC. 2 also ] – Deep-hole.
6.) The President shall notify the Congress of every contract entered into in accordance with this provision, within thirty days from its execution. [ Part also of SEC. 2 ] Hole-in-One.
7.) Section 5. The State, subject to the provisions of this Constitution and national development policies and programs, shall protect the rights of indigenous cultural communities to their ancestral lands to ensure their economic, social, and cultural well-being. Pot-hole.
It is asked: Sino nag-draft ng loan (Who drafted the loan deal)? eh Sino Xi Jinping. Not J. Carpio!
Asked again: Sino ang nag basa [ read ]? eh Sino Dutz at Sino Pangilo.
When was this loan signed? Was signed in April 2018.
What is the Reed Bank? A PH patrimonial asset/property. Article XII SEC. 2 Consti. The loan, as agreed, says: in case of default by PH to repay the loan, ‘China can seize, to satisfy any arbitral award in favor of China, ‘patrimonial assets and assets dedicated to commercial use’ of the Philippine government,” Carpio said.’
Any arbitration will be governed by CHINA’s law and in CHINA. –Double-holes
Is the loans extremely disadvantageous to Philippine interests? Sino Pangilo says – No. eh Sabi nya si J. Carpio is the one who dig-holes for the Chinese. Eh?
In SUM, PH is into a HOLE-SOME to China. How many holes? 110 Million holes. Marami gud!
leona says
Loop holes news
https://newsinfo.inquirer.net/1100427/those-who-signed-defend-china-loans-are-unpatriotic-colmenares
arc says
sink holes! kaya, digong has nothing to celebrate on his 74th birthday, nothing to be happy about but plenty to be angry about. and sleeping on his problems does not solve his problems.
good na talking tayo about ‘behest’ china loan digong entered into. he, he, he,
tapos na, yari na, signed na yong loan, signed by traitors and put into effect na.
still, it’s good the loan is being postmortem-ed, analyzed bit by bit and found not for best interest of our nation!
finding may even be worse if someone dared to look into the repayments and check the statements for anomalies. sabi ni panelo, pinas cannot default on repayments dahil automatic yan at built into the system, parang autopilot baga. even drilon agreed pinas cannot default.
kaso, ‘autopilot’ cannot be fully trusted, it can be overridden, computer have glitches and there are hackers. and if anytime china decides to increase the repayment premiums in line with inflation, lagot tayo, baga mag-default tayo. and we could lose reed bank.
check those statements! not just the loan.
arc says
and thanks kaayo to leona. so, the loan was signed in april 2018, halos a year ago.
usually, repayment takes place a month after the loan was signed. so maybe, last year po, in may 2018 pinas started repaying the loan whether chico project started or not. repayment is automatic kasi.
leona says
BTW, has China ‘defaulted’ in the Chico project since 2018? If YES, what law governs? PH law, because the ‘default’ is in/by China and not the PH. This is the effect of the word ‘default’ not by PH. Tama ka arc, I put this as SINK-HOLE. he he
arc says
ang alam ko po dyan is that china is certainly not defaulting. china is usurer and lending money to pinas at exuberant rates. mired in poverty at baon na sa utang, it’s pinas that is likely to default, unable to meet repayment obligation to china.
chico project is ongoing and operational in 3yrs time sa 2021-2022 yata. chico project bosses are chinese and the workers are also chinese, not hiring pinoy workers sila.
methink, panelo’s argument that pinas cannot default on repayment dahil automatic ang system is idiotic and not worth a toothbrush! he, he, he.
countries that also have automatic payment system have defaulted and lost patrimonial assets to china, sri lanka is example. it failed to meet repayment obligation and lost a harbor to china.
Rolly says
Also hot in the news is Acierto and Michael Yang.
Eduardo Acierto alleged that Michael Yang (whom Duterte once said is unknown to him), Dutertete’s economic adviser is involved in illegal trades.
This same Michael Yang could also be the one who facilitates the China loan in the Chico Dam project.
arc says
busy man michael yang is! hiding in plain sight and within arm’s length of digong. no wonder digong dont know him.
from drug overlord to fixer and facilitator, money must come easy for the smiling chinese, he, he, he.
leona says
Re this Chico LOAN, news paper today quotes DOJ saying:
‘Justice Secretary Menardo Guevarra dismissed as “far-fetched” Carpio’s warning that China could seize the Recto Bank gas reserves if the Philippines defaulted on the loan.
“That’s just a small amount,” Guevarra told reporters, referring to the loan. “The Philippines can easily pay it.” But read The Oil & Exploration Development Act of 1972
Small amount. PH can easily pay it. Like saying – ‘The POOR can pay it.’ [ together with the rich ]. FAR-FETCHED. When ‘a loan’ is like that, burdensome to PH and prejudicial to PH interests, NEVER MIND as long as it is JUST A SMALL AMOUNT, still valid acc to DOJ’s misunderstanding under PH law. Eh? Rats’-hole yan!
Looks like PH is entering into sooo many loans with favorable interests to China, ignoring PH laws and Constitutional provisions. When will this stop? Not until Year 2022 maybe.
he he
leona says
Palace spokesperson Panelo might need to take an indefinite leave to be doable to counter-answers legal points brought by his honor J. Carpio.
Of course he can always back-tracked to make corrections and/or admissions. Effect of negative-pregnancy.
https://www.philstar.com/headlines/2019/03/27/1904971/carpio-counters-panelo-reed-bank-collateral-chico-river-loan
arc says
to strengthen his argument that pinas can easily repay chico loan, guevarra needs supporting evidence. and should have shown statement o maybe repayment slip issued by, banko sentral?
the earlier pinas starts repaying chico loan, the better.
so, show statements o repayment slips, show that pinas has met repayment obligation, and has not yet defaulted!
o baka nag-default na tayo. susmaryosep!
Rolly says
Duterte categorically and explicitly recognized the Rome Stature at the very moment they lodged the withdrawal from the ICC.
arc says
ang inaasahang withdrawal that ought to save digong from ICC prosecution did not work though at tuloy pa rin ang kaso ni digong. and now, try uli na naman si digong na ma-abswelto sa ICC and got panelo to declare rome statute did not take effect dahil hindi published daw sa official gazette.
more other scatter brain reasons given by panelo, still tuloy pa rin ang kaso ni digong. only worse now dahil and bestie ni digong na si xi is also being sued sa ICC.
panelo should stop fooling hisself and digong and prepare their defense. and hire the best and brightest international lawyers money can buy.
leona says
He is a lawyer and he must have learned what is a ‘negative-pregnant,’ which means:
– A negative pregnant (sometimes called a pregnant denial) refers to a denial which implies its affirmative opposite by seeming to deny only a qualification of the allegation and not the allegation itself.‘
In short, if the ICC treat never took effect because it was not published in the Official Gazette, why the need to FILE a WITHDRAWAL of it before the ICC? His act then implies its affirmative opposite.
Maybe the reason why the SC did not come out with a decision on the issue so as not to put the gov’t in limbo for denying that it is pregnant. What cause the pregnancy, rape?
he he
netty says
Leona, to make it greener and interesting “negative pregnant”, If there is withdrawal there must have been an insertion that happened.
Insertion= infusion,injection,inclusion, interjection, interpolation,introduction
This govt is a big joke in all angles. I have joined the petition, I would like to donate some amount but I’m concerned to compromise my credit card, not because of the team but something along the way.
Will figure out how.
Thanks Leona, Raissa. Everyday is a new revelation but the citizens are still zombiefied.
leona says
You’re welcome. . . from me. The gov’t needs suction to make withdrawal and VOILA! to pinis-trate to create pregnancy!
he he
leona says
The decision in the Supreme Court:Senator Pimentel< Jr. vs Executive Secretary, July 6, 2005 G.R. No. 158088, Justice Puno quoted Justice Isagani Cruz, in his book on International Law, describes the treaty-making process in this wise:
The usual steps in the treaty-making process are: negotiation, signature, ratification, and exchange of the instruments of ratification. The treaty may then be submitted for registration and publication under the U.N. Charter, although this step is not essential to the validity of the agreement as between the parties.
Negotiation may be undertaken directly by the head of state but he now usually assigns this task to his authorized representatives. These representatives are provided with credentials known as full powers, which they exhibit to the other negotiators at the start of the formal discussions. It is standard practice for one of the parties to submit a draft of the proposed treaty which, together with the counter-proposals, becomes the basis of the subsequent negotiations. The negotiations may be brief or protracted, depending on the issues involved, and may even collapse in case the parties are unable to come to an agreement on the points under consideration.
If and when the negotiators finally decide on the terms of the treaty, the same is opened for signature. This step is primarily intended as a means of authenticating the instrument and for the purpose of symbolizing the good faith of the parties; but, significantly, it does not indicate the final consent of the state in cases where ratification of the treaty is required. The document is ordinarily signed in accordance with the alternat, that is, each of the several negotiators is allowed to sign first on the copy which he will bring home to his own state.
Ratification, which is the next step, is the formal act by which a state confirms and accepts the provisions of a treaty concluded by its representatives. The purpose of ratification is to enable the contracting states to examine the treaty more closely and to give them an opportunity to refuse to be bound by it should they find it inimical to their interests. It is for this reason that most treaties are made subject to the scrutiny and consent of a department of the government other than that which negotiated them.
x x x
The last step in the treaty-making process is the exchange of the instruments of ratification, which usually also signifies the effectivity of the treaty unless a different date has been agreed upon by the parties. Where ratification is dispensed with and no effectivity clause is embodied in the treaty, the instrument is deemed effective upon its signature.[16] [emphasis supplied]
Nowwhere is publication of a treaty in the Official Gazette required. For effectivity, the exchange of the instruments of ratification signifies the treaty’s enforceability or effectivity. The Rome Statute was effected, the reason why the Philippines withdrew from membership of the ICC Convention.
Unless the SC reverses in this cited case, treaty effectivity, that is the Rome Statute was effective in the Philippines before the latter withdrew the same.
Any more inventions cannot yet nullify the treaty.
leona says
SC decision
http://sc.judiciary.gov.ph/jurisprudence/2005/jul2005/158088.htm
leona says
On February 28, 2011, Aquino signed the Statute and sent it to the Senate for concurrence.
On August 23, 2011, the Senate finally voted 17–1 for the Philippines to become the 117th signatory to the ICC.
https://www.gmanetwork.com/news/news/specialreports/646621/phl-took-long-hard-road-to-signing-rome-statute-of-icc/story/
leona says
Evidence before the ICC.
‘He argues that although the Senate did ratify it, the Rome Statute was never published in the Official Gazette nor in any Philippine newspaper of general circulation.’ [Raissarobles] – this is EVIDENCE, which may be admissible or shall be inadmissible before the ICC.
If it is evidence, what does ICC provides? Well, under its rules, it says: ‘8. When deciding on the relevance or admissibility of evidence collected by a State, the Court shall not rule on the application of the State’s national law. Article 69 Evidence Rule of the ICC.
If a Philippine State certifies that the Rome Statute was not duly published as mandated by its laws, such certification the ICC ‘shall not’ [ not ‘may not’ ] rule such of the State’s national law.
Meaning what? Could be inadmissible, inapplicable or rejectable as evidence.
Gee, so many inventions to be dealt with.
http://legal.un.org/icc/statute/99_corr/cstatute.htm
arc says
hugpong ng mga inventors! duterte is much like imee who is also inventors of university degrees, college degrees, etc. and yet, imee cannot ‘show and tell’ and produce the exact certificates mismo signed and dated by deans and chancellors of her alma maters, and issued to her in person on the day she graduated.
show us the exact diplomas and certificates! show us proofs! show us pics of after graduation parties where exuberant graduates get together for one big final photo shot, graduates throwing their headdress in the air, a once in a lifetime occurrence where happy and teary graduates promised to see one another again, in honor and glory. .
all imee can show is a boring resume, undated pa with no accompanying testimonials o references from the deans and chancellors of her numerous alma mater. usually deans and chancellors are more than happy to give testimonials o lend their names to worthy graduates on the way to conquering the world!
imee and duterte are both inventors, he, he, he.
arc says
ICC’s noose in tightening on inventor duterte. I heard na the inventor is going to state visit china for 4 days kuno. pano kung pauwiin na naman siya a day earlier?
itatabi yata ng china and inventor in favor of bong go. he, he, he.
or maybe, both inventor and xi will cry rivers of tears, both may kaso sa ICC. cry me a river! and after the tears, there is goodbye, the parting of ways.
then xi is going to blame the inventor. see what your beatniks are doing to me? I send you tons of shabs, I made you richie rich, and this is how you repay me? uwi ka na nga. hwag kang magtago rito or I’ll feed you to the carps!
prepare to meet thy onesies! he, he, he.
kalakala says
ex-dfa chief del rosario and ex ombudsman morales filed a case vs chinese president before the icc on 17 march. great job! job well done… malaking surprisa sa atin mga pinoy ang kanilang dinawa. saludo po ako sa dalawang ito ba may pagmamahal at malasakit sa bansa at sa kapwang pinoy…
kalakala says
correction: 15 march instead of 17 march… sorry po
arc says
ako rin po, saludong-saludo sa ginawa nina del rosario at morales. gotta put tro on xi’s bataan death march of marching pinas to oblivion.
saludong-saludo sa dalawang ito for having the foresight and vision to see where we are being led to. we cannot be sri lanka make two, drowning in debts and gasping for breath, overly burden and beholden to china, our existence threatened and marginalized.
so overly bullied na tayo, fight is the only thing left, our only option na: legal fight.
and ICC is best arena.
arc says
and I’m hoping po that other countries members of ICC and hard done by china will follow our lead at magsampa din po sila ng kaso laban sa china.
methink pinas started the onerous people power and now pinas started something new again, and that is to take on mighty china to ICC. and the world is watching, thinking, assessing . . .
china’s mighty huawei was put on the spotlight and questioned, and now xi is being put on the spotlight and questioned too. both dubious undertakers, he, he, he.
Leobert Balagapo says
Now waiting for Mr Palito’s take on this. The president is misleading us from the start.
Thanks
arc says
honesty is not an issue, like daughter like father. and those that greet the truth with silence make silence a lie.
mr panghihilo is nahilo, he, he, he. and mr misleader is misleading hisself.
ako rin po waiting sa take nila, niya. pero not holdiing my breath ako.
arc says
just because duterte said rome statute does not exist, does not mean it does not exist!
I’m thanking raissa for the expose’. yay! na yay! rome statute does exist, duterte missed seeing the statute because he’s not looking where he ought to be looking, and looking harder. his freedom may depend on it!
duterte’s communication team ought to be hard at work doing research for him, not lulling and fooling their own tatay kinatay, he, he, he. as well, his legal team ought to be on top of their game and not doing the dry like water. the devil is in the detail: it’s what they dont want to know that will eventually condemn their own tatay kinatay. maybe okay sa kanila yan dahil ang tatay kinatay ang makukulong at hindi sila. buyer beware, duterte beware. all their reassurances could mean nothing if he gets to rot in jail. his team will just move on and find themselves another master.
equally repeating that rome statute does not exist is not doing good for duterte. he should not rely solely on plan a, the non existent of the statute according to him. he ought to have plan b as well and that is, that rome statute does exist and what he can do about it.
a smart man plans for all contingencies. duterte should already have idea of what he is up against dahil lately, kahit saang bansa siya mag-state visit, ay pinapauwi siya a day earlier. persona non grata, person na walang gata! he, he, he. back to sender. back home to where he came from, he really should up his ante and learn more, know more, and adjust.
likewise, hayaan mo na lang silang magtrabaho rito, sabi ni duterte sa mga illegal chinese workers.
likewise uli, hayaan nyo na lang silang mangisda rito, sabi ni lorenzansa sa illegal vietnamese fishermen caught fishing in our water.
so, hayaan nyo na lang siyang makulong at mahatulan sa ICC, yan yata ang nasa isip ng mga tauhan ni duterte, he, he, he. better him than them. if only they can say it to his face!
my drunken opinion po.
raissa says
I’ll drink to thst.
But only one beer bottle.
Bnig De La Vega says
Duterte is not the type of a man that will allow himself cuffed, paraded to be judged by foreigners let alone a foreign court in a foreign soil. He’d rather be somewhere else perhaps beyond this world.
leona says
The Philippines’ NOTICE to withdraw from the ICC ( International Criminal Court ) is, per concluding argument by the concerned head of State that . . . ‘the Rome Statute cannot be enforceable in the Philippines hence the International Criminal Court has not acquired jurisdiction nor can it acquire jurisdiction over my person.”
According to arc under a drunken hang-over, it does not mean that the Rome Statute does not exist. It exists! like even under a hang-over.
Withdrawing from the ICC, is an ‘invention’ so whatever or however, atbpa! that the ICC under the Rome Statute cannot be enforceable in the Philippines: no jurisdiction; no jurisdiction over his person; was not published acc to Philippine law even if was ratified by the Phil Senate, etc. atbpa.
In short, under the Notice of Withdrawal, one of the potential arguments among many, will be the application of IMMUNITY. As head of state, a president is immune from suit [ Phil jurisprudence] civil or criminal, atbpa. An opinion by an International expert – Paola Gaeta says in an actual case – the state of SUDAN, where the incumbent President of Sudan, Omar Al Bashir, the subject individual before the ICC. order of the Appeals Chamber of 29 March 2018 (ICC -02/05-01/09 OA2). Request for Leave to Submit Observations on the Merits of the Legal Questions Presented in Jordan Referral re Al Bashir Appeal.
The expert’s ‘Request for Leave xxx’ goes as this: The enactment by the ICC of an indictment and an arrest warrant against the incumbent President of Sudan, Omar Al Bashir, was not (and is not) barred by the immunities accruing the latter under international law, although Sudan is not a state party to the Rome Statute..
Well, Philippines now is not a party to the ICC, having per notice, withdrew as a state-party to the Convention of the ICC. Would the principle of Philippines’ immunity from suit hold water? The expert says: No. Why? She answers – ‘This is because Art. 27(2) of the Rome Statute reflects a principle of international law whereby the international immunities accruing to certain state officials do not bar the exercise of jurisdiction by an international criminal court or
triibunal.
One can read further the expert’s supporting argument here:
https://www.icc-cpi.int/CourtRecords/CR2018_02423.PDF
Further ‘inventions’ needed. It appears clear without the hang-over now. he he
.
leona says
The next question would be: Would a state-party member or non-member to the ICC be obliged to execute a Warrant of Arrest issued by the ICC? The expert in the preceding reference article says:
States parties to the Rome Statute are therefore not obliged to execute the ICC
request. Nonetheless the ICC could invite states parties to execute the arrest
warrant: states parties would then be free to decide whether to comply with this invitation and not to respect the international immunities accruing to President Al –Bashir. So, there is that argument.
But, what if a State-party or a non-state Party obliges to execute the ICC request? arc can probably take on this with another ONE FOR THE ROAD! he he
arc says
how much is that dog(erte) on the window, the song goes. mahal pala ang price tag ng pedigree dogs!
leona says
States ‘failing to seize Sudan’s dictator despite genocide charge’
‘Sudanese president Omar al-Bashir has been travelling freely around the world despite an eight-year-old international warrant for his arrest on charges of war crimes and genocide, human rights lawyers have found.’
I guess Mr. Omar al-Bashir did not do any invention.
https://www.theguardian.com/global-development/2018/oct/21/omar-bashir-travels-world-despite-war-crime-arrest-warrant
leona says
US to deny visas for ICC members investigating alleged war crimes
Washington also threatened economic sanctions if war crimes court goes ahead with inquiry into US troops in Afghanistan.
https://www.theguardian.com/us-news/2019/mar/15/mike-pompeo-us-war-crimes-investigation-international-criminal-court
. . . land of the free and home of the braves. . .
leona says
“We will let the ICC die on its own. After all, for all intents and purposes, the ICC is already dead,” Bolton said.
. . . home of the braves and land of the free. . .
leona says
China and USA are non-Parties to the ICC but are permanent members of the Security Council of the UN. As UN members, the UN Charter said in determination:
. . . to save succeeding generations from the scourge of war, which twice in our lifetime has brought untold sorrow to mankind
IN THE SOUTH CHINA SEA or WEST PHILIPPINE SEA. When these two elephants, powerful and mighty, go to war against each other, it will beno quarters given. Maybe, each will nuke the other as circumstances dictate. In so doing IF . . . either one or both will try to destroy its succeeding generations in their scourge of war, 3rd WW War bringing untold sorrow to mankind.
Neither China or USA will use the ICC. Both will use ICBMs instead with nukes.
The ICC an organ of the UN the latter created because of WW II, with USA and its allies’ support. The Nuremberg Trial took place with USA participation. Now, USA though a signatory to the ICC refused to ratify the treaty.
USA says AMERICA IS GREAT and that ICC is dead. While China says It is a POWERFUL country without need of the ICC. Both sees each has ICBMs.
For all intents and purposes, China and USA are both ‘dead’ to the United Nations and its organs like the ICC.
What about the Philippines? The government said ‘The decision to withdraw was a “principled stand against those who politicise and weaponize human rights”, the government said.’ Human rights. No weaponize human rights.
Sa ma ikling salita: Mag kanya-kanya tayo mga non-Party members sa atin sariling ‘rule of law’ outside of the ICC.
Okay!
arc says
aba, because inumpisahan ng pinas, baka umpisa rin po ito na makasuhan ang estados unidos sa crime against humanity. but no one country yata member of ICC has been willing to go against the might of america. no david so far to america’s goliath.
pero against all odds, may pinoy david na taking on the chinese backed goliath (duterte), also taking on china itself.
lazy kasi ang pinoy, tamad at walang bayag, ask special envoy to china na si tulfo, he, he, he. kung ganito ang tamad at ang walang bayag, how does the brave go?
cheers, leona.
arc says
anyhow po, estados unidos do investigate their own erring military personnel and some of them had been court martial-ed and given dishonorable discharges. and some are serving time in jail. justice served.
arc says
and I heard po that in afghanistan, victims of atrocities done by USA’s military had been compensated and received money. and many afghans refugees are now citizens of estados unidos, and enjoying the rights denied to them by the talibans.
americans might be bastards, but.
lorelie edles says
Thank you very much indeed. Topnotch work. Learned a lot. Will share and make sure other lawyers learn from it, too.
raissa says
Thank you for reading.
Peter says
👏🏻👏🏻👏🏻
raissa says
😍
leona says
My blog ceased-to-exist. Nada! Lucky YOU – kalakala.
he he
arc says
meron akong mahabang comment, and that too was under modification and disappear altogether!
please release my humble comment, raissa, please, please, please, please, please . . . .
raissa says
It’s out.
Nagluluko na naman ang Akismet. Maybe because dagsa ang spam.
arc says
thanks po, lumabas na ang comment ko.
leona says
A very excellent findings. And very interesting indeed. And I am convinced too!
There are these exclusive issues: Is the ICC concerned about ‘State genocide’ or about ‘Individual acts of genocide’? By withdrawing from the ICC, what does the president mean – that the Philippine State is not committing genocide or the President as individual is committing the genocide?
There is this article by Paola Gaeta,
European Journal of International Law, Volume 18, Issue 4, 1 September 2007, Pages 631–648, https://doi.org/10.1093/ejil/chm037
Published: 01 September 2007. She, among many statements made [ I think her OPN] says about treaties that:
‘States can find it necessary to conclude treaties in order to organize their cooperation to repress forms of criminality that seriously jeopardize their collective interests or offend values of particular importance to the international community.’ Conclude treaties, as I understand it, is ‘ratify’ the treaty or treaties. I do not find yet that Ms. Gaeta speaks of ‘a law.’ She says clearly ‘treaties.’
Her article is about the 1948 Genocide Convention as interpreted by the International Court of Justice ( ICJ ) under international law. Her article is a bit long but interesting for relevancy to Philippines’ withdrawing from the ICC. The International Court of Justice (ICJ) is a civil court that hears disputes between countries. The ICC is a criminal court that prosecutes individuals.
https://academic.oup.com/ejil/article/18/4/631/453775
.
leona says
Again, thanks in advance when my blog-about-treaties here is released for publication.
he he
raissa says
What you raise is very important.
netty says
Philippines 28 December 2000 signed /30 August 2011 ratified /1 November 2011 Entry into force / 17 March 2018[L] withdrawal notified / 17 March 2019 withdrawal effective
The States that withdrew were Burundi, Gambia, PH, South Africa. Look at the countries where we belong.
There are suggestions from some States members or other interested parties to try the criminal in absentia. or by bounty hunter but it says it’s against his human rights .
China is not a signatory so it can’t be compelled to arrest Digz when he is in China,.. nada.. He is safe there for now. Clever man.
However, I think he would be forever an International Criminal at large, another one of his ” wonder fool” accomplishments as PH president. So be it.
arc says
last time he was in china for state visit ay pinauwi siya a day earlier at duon sa hongkong siya nagpalipas ng panahon. kasama pa naman si sara, both unwanted and unloved by china baga. no longer useful and given the flick? ang dami kasing kasama, maraming pinapakain, entourage yata niya 400.
it’s when he’s in no man’s land, in between countries and in international space that his balls can be hang out to dry, else vacuum packed and freeze dried he, he, he.
and remember what was done to bin laden? buried at sea among the mer people.
nothing is impossible.
leona says
What is the effect, possible or impossible, PH withdrawal from the ICC? One news report said of this:
‘“The withdrawal would have one significant effect on the preliminary examinations – killings that will happen after March 16 can no longer be covered by [ICC] Prosecutor Fatou Bensouda. ‘Withdrawal will have the effect of preventing the Prosecutor from receiving (or seeking) evidence of events that transpired after 16 March 2019. The preliminary examination will be restricted to events covered in the February 2018 decision to open preliminary examination of the Prosecutor,’
said lawyer Diane Desierto, Associate Professor of Human Rights Law and Global Affairs at the University of Notre Dame in the US.” article by Lian Buan and Jodesz Gavilan of Rappler.
What does the Rome Statute ICC say about this instance of withdrawal by PH from the ICC? Withdrawing by PH may not provide an ESCAPE or restriction on continuing the preliminary investigation by the ICC prosecutor. It clearly provides under ARTICLE 127 Withdrawal . . . 2.. . .
A State shall not be discharged, by reason of its withdrawal, from the obligations arising from this Statute while it was a Party to the Statute, including any financial obligations which may have accrued. Its withdrawal shall not affect any cooperation with the Court in connection with criminal investigations and proceedings in relation to which the withdrawing State had a duty to cooperate and which were commenced prior to the date on which the withdrawal became effective, nor shall it prejudice in any way the continued consideration of any matter which was already under consideration by the Court prior to the date on which the withdrawal became effective.
x x x ‘shall not’ be discharged;
x x x ‘shall not’ affect;
x x x ‘nor shall it prejudice in any way’ the continued consideration of any matter which was already under consideration by the Court prior to the date on which the withdrawal became effective.
So, ICC and ICC prosecutor can or may still continue whatever ‘consideration’ on the criminal complaint filed before it ‘prior’ to PH withdrawal.
Article 12 No. 2 of Rome Statute ICC appears crystal clear contrary to the statement in the news report.
leona says
New report
https://www.philippinenewslinks.com/2019/editorials/
kalakala says
ito ang lumabas after cliking https://dfa.gov.ph/treaties/ola:
Websites sometimes break.
Please wait while we put it back together.
You may visit GOV.PH for other government content
kalakala says
after a short while, i cliked again http://dfa.gov.ph/treaties/ola
ito ang lumabas:
404 – Category not found
You may not be able to visit this page because of:
an out-of-date bookmark/favourite
a search engine that has an out-of-date listing for this site
a mistyped address
you have no access to this page
The requested resource was not found.
An error has occurred while processing your request.
Please try one of the following pages:
Home Page
If difficulties persist, please contact the System Administrator of this site and report the error below.
arc says
may crisis yata ang dfa, its site hit by water crisis, he, he, he. locsin dfa sec at media man extraordinaire, hain ka na? show yourself, locsin and save your own cyber backyard. nuon may problem ka with passport renewal, ngayong ang dfa site mo mismo is problematic. down and out. and up and down.
netty says
ARC, Digz has the skill of making things disappear AND MAKE IT DEAD. Imagine, ICC Treaty IS DEAD and gone in the internet
So, another lady is making him sleepless in Davao,,,,,Ms.Fatou Bensouda, the court prosecutor.
Let’s see what happens and to the rest of the accused.
Let the trial of MAHARLIKA PH begin. That’s the reason why he wanted the name of the country changed…to cover up everything.
Kaliwa and kanan dams are not in official resolution (they’re under Digong’s bed),,,,,but its already in effect and you are already paying for it.
One for the road for me,too. AHIIIK. Walang tubig…mag-beer na lang tayo,:)
arc says
there are eyes in the dark and ears on the wall, the air and atmosphere both abuzz with whispers. and digs cannot make things disappear completely. nothing in the internet and cyber space disappears completely and so I was told. there is always virtual copy held by someone, somewhere. back up copies, archived. just waiting for release.
arc says
changing the name of pinas to maharlika? digs should set example and start in his own backyard, change the name of dabaw to maybe, babaw? and see for himself firsthand how well liked the idea of changing name is.
Bob says
Picking up my jaw from the floor.
raissa says
Why?
Bob says
I am so awed, my jaw dropped. You did it again! You exposed the idiots once again!
arc says
ako rin! I was drunk at natauhan ako. hanga ako sa raissa natin, she meant what she has said early this year, 2019. na she will speak the truth, be less fearful and more forthcoming in her journalistic pursuit of the truth. for our country and nation, she will dig out the truth, the bitter and hard truth.
Tomas Gomez says
BULL’S EYE, na naman!!!!…. How precision the bombing! Looking forward to more detonations !!!
maya pula says
Now excited to see Panelo’s spin on this one…..
raissa says
Baka i-deadma lang.