2. Relationships with National Law

Question 1

2A. Constitutional supremacy clause

Constitution, Art. VIII, Sec. 5.

Answer 1

2A. Constitutional supremacy clause
Constitution, Art. VIII, Sec. 5.

The Supreme Court shall have the following powers:

(2) Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or the Rules of Court may provide, final judgments and orders of lower courts in:

(a) All cases in which the constitutionality or validity of any treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance, or regulation is in question.

Question 2

2B. Incorporation clause (for unwritten customary international law)
Constitution, Art. II, Sec. 2.

Answer 2

2B. Incorporation clause (for unwritten customary international law)
Constitution, Art. II, Sec. 2.

The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations.

Question 3

2C. Treaty clause (for international agreements)
Constitution, Art. VII, Sec. 21.

Answer 3

2C. Treaty clause (for international agreements) Constitution, Art. VII, Sec. 21.

No treaty or international agreement shall be valid and effective unless concurred in by at least two-thirds of all the Members of the Senate.