Article 12 of the State Responsibility Articles provides that: “There is a breach of an international obligation by a State when an act of that State is not in conformity with what is required of it by that 15 obligation, regardless of its origin or character.” It follows that whether the Constitution of the Philippines is capable of being interpreted to permit the reintroduction of the death penalty for certain very limited categories of crimes, the international legal obligations of the Philippines are completely unaffected and there is an absolute prohibition against the Philippines taking such a step. If the Philippines reintroduces the death penalty for any crime, it would breach its absolute obligations under the Second Optional Protocol. It would immediately be committing an “internationally wrongful act” within the meaning of Article 2 of the State Responsibility Articles.16 The circumstances of ratification of the Second Optional Protocol The circumstances in which the Philippines ratified the Second Optional Protocol are also incapable of affecting the absolute nature of the prohibition binding upon the Philippines as a matter of international law. Article 46 of the VCLT provides that: 1. A State may not invoke the fact that its consent to be bound by a treaty has been expressed in violation of a provision of its internal law regarding competence to conclude treaties as invalidating its consent unless that violation was manifest and concerned a rule of its internal law of fundamental importance. 2. A violation is manifest if it would be objectively evident to any State conducting itself in the matter in accordance with normal practice and in 17 good faith. Before a State may rely upon the exception in Article 46, it must demonstrate each of the necessary criteria: that a provision of its internal law was violated, that the provision was fundamental, and that it was “manifest.” 15 Treatment of Polish Nationals and Other Persons of Polish Origin or Speech in the Danzig Territory, Advisory Opinion, 1932 P.C.I.J. (ser. A/B) No. 44, at 24. (Feb. 04, 1932). 16 International Law Commission, Draft Articles on Responsibility of States for Internationally Wrongful Acts, November 2001, Supplement No. 10, U.N. Doc. A/56/10, chp.IV.E.1, available at http://www.refworld.org/docid/3ddb8f804.html (last accessed Mar. 03, 2017). Art. 2 of the VCLT provides: There is an internationally wrongful act of a State when conduct consisting of an action or omission: (a) Is attributable to the State under international law; and (b) Constitutes a breach of an international obligation of the State. 17 VCLT, art. 46. Page 7 of 23