The Second Optional Protocol in the Context of the
Philippine Constitution
Article
1ll,
Section
19
Philippine
Constitution
permit
reimposition
the
penalty
in
the
“compelling
of
the
1987
purports
to
of the death
Philippines
reasons”
international
law,
an
inconsistent
constitutional
provision
of Philippines
law does not affect the obligations of
for
the Philippines at international law.
involving
“heinous crimes.”
Under
Article
Convention
on
26
of
the
Law
the
Vienna
of
Treaties
that
(VCLT), to which the Philippines is a
constitutional provision does not affect
party, the Philippines must comply with
the
its
However,
the
existence
absolute
obligations
of
nature
of
the
of
the
Philippines
in
treaty
them
obligations
in good
faith.
and
That
perform
is also
an
international law. Any suggestion that
obligation
domestic
Philippines as a matter of customary
law
Constitution
and
may
the
1987
permit
the
binding
upon
international
law.
the Philippines despite the ratification
Additionally,
Article
27
of
expressly
prohibits
a
reintroduction of the death
the
Second
completely
Optional
penalty in
Protocol
untenable
for
is
the
relying
purposes of international law.
domestic
upon
law
any
is
a
fundamental
of
the
provision
law.
VCLT
State
to justify
international
It
the
a
The
from
of
its
breach
of
travaux
principle
of
law that States may
not
that
rely upon a provision of domestic
law
part of domestic law for the purposes
international
to
avoid
obligations.
their
As
international
a
matter
préparatoires
legal
the
20
the
Constitutions
of Article 27.
of
to
VCLT
of
confirms
States
are