SIX opposition senators have petitioned the Supreme Court (SC) to declare as invalid the Philippines’ withdrawal from the Rome Statute of the International Criminal Court (ICC).
In their 17-page petition for certiorari and mandamus filed before the high court on Wednesday, May 16, Senators Francis N. Pangilinan, Franklin M. Drilon, Paolo Benigno A. Aquino IV, Leima M. De Lima, Risa Hontiveros-Baraquel, and Antonio F. Trillanes IV said, “the Executive cannot unilaterally withdraw from a treaty or international agreement because such withdrawal is equivalent to a repeal of law.”
“Under the Constitution, it is only Congress that can repeal a law,” the petition read.
Philippine Ambassador to the United Nations (UN) Teodoro L. Locsin Jr. on March 16 submitted before the international body the Philippine’s withdrawal letter from the treaty.
President Rodrigo R. Duterte announced the withdrawal in response to a preliminary examination against him by the International Criminal Court for alleged crimes against humanity in his government’s drug war.
By withdrawing, “the Executive has committed usurpation of legislative powers penalized under the Revised Penal Code,” the petition read further.
The senators also pointed out: “[T]he withdrawal from a treaty or international agreement requires an act of the Executive and the concurrence of at least two-thirds of all members of the Senate.”
“[T]he Constitution requires a qualified majority of the Senate to enter or withdraw from a treaty or international agreement because the participation of the House of Representatives is dispensed with,” they added.
Aside from having the withdrawal declared invalid, the senators also urged the SC to “compel the Executive Department, through the Department of Foreign Affairs and the Philippine Permanent Mission to the United Nations, to notify the United Nations Secretary-General that it is cancelling, revoking or withdrawing its Instrument of Withdrawal received by the Secretary-General of the United Nations on March 17, 2017, given that such Instrument of Withdrawal is not consistent with the internal law of the Philippines.”
The Palace, for its part, wished the senators “good luck” with their petition.
“I don’t think there is (a) legal basis (for this petition),” Presidential Spokesperson Harry L. Roque told reporters in an ambush interview.
“This is not a matter that can be cured by certiorari because those require grave abuse of discretion amounting to lack or excessive jurisdiction,” Mr. Roque said in a mix of Tagalog and English.
The respondents of the petition are Mr. Locsin, Foreign Secretary Alan Peter S. Cayetano, Executive Secretary Salvador C. Medialdea, and Chief Presidential Legal Counsel Salvador S. Panelo. — D.A.M.E.

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