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G.R. No. 158088. July 6, 2005.
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* EN BANC.
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PUNO, J.:
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Article 18
Obligation not to defeat the object and purpose of a treaty prior to its entry into
force
A State is obliged to refrain from acts which would defeat the object and
purpose of a treaty when:
(a) it has signed the treaty or has exchanged instruments constituting the
treaty subject to ratification, acceptance or approval, until it shall have
made its intention clear not to become a party to the treaty; or
(b) it has expressed its consent to be bound by the treaty, pending the entry
into force of the treaty and provided that such entry into force is not
unduly delayed.
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duty resulting from an office, trust, or station. We have
held that to be given due course, a petition for mandamus
must have been instituted by a party aggrieved by the
alleged inaction of any tribunal, corporation, board or
person which unlawfully excludes said party from the
enjoyment of a legal right. The petitioner in every case
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Sec. 10. (7) The President shall have the power, with the
concurrence of two-thirds of all the Members of the Senate, to
make treaties x x x.
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xxx
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 the16
treaty, the instrument is
deemed effective upon its signature. [emphasis supplied]
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A. Executive Agreements.
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B. Treaties.
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it. Although the refusal of a state to ratify a treaty which
has been signed in its behalf
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is a serious step that should
not be taken lightly, such decision is within the
competence of the President alone, which cannot be
encroached by this Court via a writ of mandamus. This
Court has no jurisdiction over actions seeking to enjoin23
the
President in the performance of his official duties. The
Court, therefore, cannot issue the writ of mandamus
prayed for by the petitioners as it is beyond its jurisdiction
to compel the executive branch of the government to
transmit the signed text of Rome Statute to the Senate.
IN VIEW WHEREOF, the petition is DISMISSED.
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SO ORDERED.
Petition dismissed.
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