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

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