Case Digest on Secretary of Justice v. Hon. Lantion and Mark Jimenez 322 SCRA 160 (Jan. 18, 2000)
November 10, 2010
The observance of our country’s duties under a treaty is compelled by, first, the principle of pacta sunt servanda (the obligation to keep their agreement in good faith), and seond by the Constitution’s doctrine of incorporation, as the Constitution provides that the generally accepted principles of international law form “part of the law of the land.” Under the doctrine of incorporation, rules of international law form part of the law of the land and no further legislative action id needed to make such rules applicable in the domestic sphere. Thus, a treaty obligation has the force and effect of a statute, and is given equal treatment with the latter. The Constitution, as the Supreme law of the Land, may invalidate a treaty inconsistent with it, as it does in case of an unconstitutional statute. In the case of a conflict between a treaty and a statute, the principle of lex posterior derogat priori applies—a treaty may repeal a prior statute, and a later statute may repeal an existing treaty.
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