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By Reynaldo Panaligan
Five Senators asked the Supreme Court (SC) to allow their detained colleague, Leila de Lima, to argue personally in August 14 the unconstitutionality of the notice of revocation of the Philippines' accession to the Rome Statute of the International Criminal Court (ICC) by President Duterte.
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Two applications were filed with the SC regarding the notice of withdrawal from the ICC. After asking for comments from the Executive Department, the Oversight Committee decided to present pleadings on both petitions on 14 August.
Aside from the file tabled by the six senators, the other petition was filed by the Philippine Coalition On March 14, 2018, the President announced the withdrawal of the Philippines from the ICC, citing "unfounded attacks, without previous and scandalous "against him and his administration.
The President defended his decision to resume ratification of the Rome Statute by the Philippines since he noted that the treaty is not a law since it was not published in the Official Gazette when the Philippines ratified it in August 2011.
Earlier, the Philippine Government – in a diplomatic note to the United Nations Secretary-General – stated that "the decision to withdraw is the position principles of the Philippines against those who politicize and militarize human rights, even though its independent and well functioning organs and agencies continue to exercise jurisdiction over the complaints, problems, problems and concerns arising from its efforts to protect human rights. people. "
The six senators said the ICC withdrawal is invalid as it has not been approved by at least two-thirds of the 24-member Senate.
They wanted the SC to force the Foreign Ministry (FDFA) and the Philippine Permanent Mission to the United Nations to inform the UN Secretary-General of the revocation of the ICC withdrawal notice received on 17 March 2018.
They stated that the Rome Statute CPI was validly concluded by the Philippine Government and has the same status as a law passed by Congress and, therefore, the withdrawal must be approved by the Congress.
The petition of the PCICC, on the other hand, told the SC:
"The President has seriously abused his discretion in an act equivalent to an absence or incompetence, when he unilaterally decided to withdraw the Philippines' membership of the International Criminal Court, as its act violated the constitutional system of checks and balances provided for in Article VII, Sec 21 of the 1987 Charter, which prescribes a shared duty to this end between the executive and legislative branches of government, "said the petition of the PCICC.
He stated that ITC's withdrawal should be rescinded because it was "capricious, fanciful, ridiculous, misleading or misleading, inconsistent and / or plainly false, without any basis of fact, law or jurisprudence. "
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