This case has been cited 2 times or more.
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2014-08-12 |
BERSAMIN, J. |
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| The petitioners added that the status and applicability of the generally accepted principles of international law within the Philippine jurisdiction would be uncertain without the Incorporation Clause, and that the clause implied that the general international law forms part of Philippine law only insofar as they are expressly adopted; that in its rulings in The Holy See, v. Rosario, Jr.[5] and U.S. v. Guinto[6] the Court has said that international law is deemed part of the Philippine law as a consequence of Statehood; that in Agustin v. Edu,[7] the Court has declared that a treaty, though not yet ratified by the Philippines, was part of the law of the land through the Incorporation Clause; that by virtue of the Incorporation Clause, the Philippines is bound to abide by the erga omnes obligations arising from the jus cogens norms embodied in the laws of war and humanity that include the principle of the imprescriptibility of war crimes; that the crimes committed against petitioners are proscribed under international human rights law as there were undeniable violations of jus cogens norms; that the need to punish crimes against the laws of humanity has long become jus cogens norms, and that international legal obligations prevail over national legal norms; that the Court's invocation of the political doctrine in the instant case is misplaced; and that the Chief Executive has the constitutional duty to afford redress and to give justice to the victims of the comfort women system in the Philippines.[8] | |||||
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2012-02-07 |
SERENO, J. |
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| This Court explained the doctrine of sovereign immunity in Holy See v. Rosario,[24] to wit: There are two conflicting concepts of sovereign immunity, each widely held and firmly established. According to the classical or absolute theory, a sovereign cannot, without its consent, be made a respondent in the courts of another sovereign. According to the newer or restrictive theory, the immunity of the sovereign is recognized only with regard to public acts or acts jure imperii of a state, but not with regard to private acts or acts jure gestionis. (Emphasis supplied; citations omitted.) | |||||