Article
Ill,
Section
Philippine
permit
19
of
Constitution
the
penalty
the
reasons”
“heinous crimes”
notwithstanding,
allowed
to
International
law
does
not
permit
withdrawal from, nor denunciation
it is
the
the Philippines may
the
the
international law.
involving
reimpose
upon
for
“compelling
be
binding
Philippines as a matter of customary
to
of the death
Philippines
doubtful whether
obligation
1987
purporting
reimposition
in
the
Second
Optional
Protocol.
of,
Once
ratified by a State, its obligations are
death
penalty, in view of the absolute nature
binding
of the obligations of the Philippines in
conclusion
was
(hypothetically)
international
wrong, a minimum
period of notice of
law.
and
twelve
perpetual.
months
would
Even
be
if that
required
to
The ratification of the Second Optional
Protocol. It would be expected that all
Protocol
other
by
the
Philippines
in
2007,
States
party
to
the
Second
twenty years after the passage of the
Optional Protocol would protest such a
Constitution, is a valid sovereign act of
course
the
Philippines
as
a
matter
in
the
most
vigorous
terms.
of
international law. The Philippines may
The Bills that are before the House of
not
Representatives and the Senate are in
withdraw
Optional
from
Protocol
the
as
Second
this
unambiguously
any
treaty
prohibits,
event
inconsistent
international
legal
with
obligations
of the
the
Philippines
because
death penalty in the Philippines for all
re-impose
the
crimes.
crimes that are not “the most serious
permanently,
the
imposition
of
crimes.”
The VCLT, to which the Philippines is a
itself
party, requires the state to comply with
death
its
“heinous.”
treaty
them
obligations
in good
faith.
and
That
perform
is also
an
45
The
prohibits
they
the
death
Philippine
the
seek
penalty
to
for
Constitution
imposition
of the
penalty for crimes that are not