Underthe international law principle of pacta sunt servanda, States are
required to observe treaties it has entered into in good faith. And in the case of
Tanadavs. Angara,‘ the Supreme Court ruled that “treaties do indeed limitorrestrict
the sovereigntyof a State. By their voluntary acts, States may surrender some aspects
of their power in exchange for greater benefits granted by or derived from a
convention or pact. Underthe rule of pacta sunt servanda, a State is bound to make
such modifications in its laws as maybe necessary to ensure thefulfillment of the
obligations undertaken underthetreaty.”
The enactment bythe Philippines of Republic Act No. 9346 prohibiting
imposition of the death penalty in the country showed our progressive compliance
with our international obligations on humanrights. As such, States cannot go back
norrenegeonitsself-imposed and voluntary obligations.
The Commission on Human Rights takes this opportunity to remind all
stakeholders that the re-imposition of the death penalty is a breach of international
obligations by virtue of our bounden commitments with
treaties and our adherence
internationallaw.
international humanrights
to the principle of pacta
sunt
servanda
under
The Commissionalso affirms that, under the 1987 Philippine Constitution,it
is declared Principle of the State to “value the dignity of every human person and
guarantee full respect for humanrights.”
The Commission further re-issues its earlier advisory5 on the Abolition of
Death Penalty dated March 22, 2005.
Issued this 21°t day of May, 2008 at QuezonCity, Philippines.
(Originally signed)
ATTY. LEILA M. DE LIMA
Chairperson
‘ 272 SCRA 18
* TumanRights Advisory onthe Abolition of Death Penalty, CHR-A2005-004
54