It follows that whether
of the Philippines is capable
interpreted
Philippines
the Constitution
to
of being
permit
If
the
such
Philippines
death
the
taking
a
step.
reintroduces
the
penalty for any crime, it would
reintroduction of the death penalty for
breach
certain
the Second Optional Protocol. It would
very
crimes,
limited
the
obligations
categories
international
of
the
of
immediately
legal
Philippines
its absolute obligations under
are
be
“internationally
committing
wrongful
completely unaffected and there is an
the meaning
absolute
Responsibility Articles.
prohibition
against
the
an
act”
within
of Article 2 of the State
The Circumstances of Ratification of the Second
Optional Protocol
The
circumstances
Philippines
in
ratified
which
the
competence
the
Second
invalidating
to
conclude
its
consent
treaties
unless
as
that
Optional Protocol are also incapable of
violation was manifest and concerned
affecting
a
the
absolute
nature
of the
the
prohibition
binding
upon
Philippines
as
matter
international
«a
rule
of
46
VCLT
provides
that:
been
provision
to be
bound
expressed
by
in good faith.
a treaty
in violation
evident
to
any
State
conducting itself in the matter in
l. A State may not invoke the fact that
has
of
2. A violation is manifest if it would be
accordance
its consent
law
of
law.
of the
internal
fundamental importance.
objectively
Article
jts
of a
of its internal law regarding
22
with normal practice and