presidential decree 1069

7/23/2019 Presidential Decree 1069

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PRESIDENTIAL DECREE NO 1069

PRESCRIBING THE PROCEDURE FOR THE EXTRADITION OF PERSONS WHO HAVE COMMITTED CRIMES IN A

FOREIGN COUNTRY

WHEREAS, under the Constitution the Philippines adopts the generally accepted principles of international law as part of the law ofthe land, and adheres to the policy of peace, equality, justice, freedom, cooperation and amity with all nations

WHEREAS, the suppression of crime is the concern not only of the estate where it is committed !ut also of any other state to whichthe criminal may ha"e escaped, !ecause it saps the foundation of social life and is an outrage upon humanity at large, and it is in theinterest of ci"ili#ed communities that crimes should not go unpunished

WHEREAS, is recognition of this principle the Philippines recently concluded as e$tradition treaty with the Repu!lic of %ndonesia,and intends to conclude similar treaties with other interested countries

WHEREAS, there is need for rules to guide the e$ecuti"e department and the courts in the proper implementation of the e$traditiontreaties to which the Philippines is a signatory&

'(W, )HERE*(RE, %, *ER+%'A'+ E& ARC(S, President of the Philippines, !y "irtue of the powers "ested in me !y theConstitution, do here!y order and decree the following-

Secti! 1"Short-Title.)his +ecree shall !e .nown as the /Philippine E$tradition 0aw/&

Secti! #"Definition of Terms.When used in this law, the following terms shall, unless the conte$t otherwise indicates, ha"e meaningsrespecti"ely assigned to them-

1a2 /E$tradition/ )he remo"al of an accused from the Philippines with the o!ject of placing him at the disposal of foreignauthorities to ena!le the requesting state or go"ernment to hold him in connection with any criminal in"estigation directedagainst him or the e$ecution of a penalty imposed on him under the penal or criminal law of the requesting state orgo"ernment&

1!2 /E$tradition )reaty or Con"ention/ An e$tradition agreement !etween the Repu!lic of the Philippines and one or moreforeign states or go"ernments&

1c2 /Accused/ )he person who is, or is suspected of !eing, within the territorial jurisdiction of the Philippines, and whosee$tradition has !een requested !y a foreign state or go"ernment&

1d2 /Requesting State or 3o"ernment/ )he foreign state or go"ernment from which the request for e$tradition has emanated&

1e2 /*oreign +iplomat/ Any authori#ed diplomatic representati"e of the requesting state or go"ernment and recogni#ed assuch !y the Secretary of *oreign Affairs&

1f2 /Secretary of *oreign Affairs/ )he head of the +epartment of *oreign Affairs of the Repu!lic of the Philippines, or in hisa!sence, any official acting on his !ehalf or temporarily occupying and discharging the duties of that position&

Secti! $"Aims of Extradition.E$tradition may !e granted only pursuant to a treaty or con"ention, and with a "iew to-

1a2 A criminal in"estigation instituted !y authorities of the requesting state or go"ernment charging the accused with anoffense punisha!le under the laws !oth of the requesting state or go"ernment and the Repu!lic of the Philippines !yimprisonment or other form rele"ant e$tradition treaty or con"ention or

1!2 )he e$ecution of a prison sentence imposed !y a court of the requesting state or go"ernment, with such duration as thatstipulated in the rele"ant e$tradition treaty or con"ention, to !e ser"ed in the jurisdiction of and as a punishment for anoffense committed !y the accused within the territorial jurisdiction of the requesting state or go"ernment&

Secti! %"Request; By whom made; Requirements.

142 Any foreign state or go"ernment with which the Repu!lic of the Philippines has entered into e$tradition treaty orcon"ention, only when the rele"ant treaty or con"ention, remains in force, may request for the e$tradition of any accused whois or suspected of !eing in the territorial jurisdiction of the Philippines&

152 )he request shall !e made !y the *oreign +iplomat of the requesting state or go"ernment, addressed to the Secretary of*oreign Affairs, and shall !e accompanied !y-

1a2 )he original or an authentic copy of either 6


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142 the decision or sentence imposed upon the accused !y the court of the requesting state or go"ernmentor

152 the criminal charge and the warrant of arrest issued !y the authority of the requesting state orgo"ernment ha"ing jurisdiction of the matter or some other instruments ha"ing the equi"alent legal force&

1!2 A recital of the acts for which e$tradition is requested, with the fullest particulars as to the name and identity ofthe accused, his wherea!outs in the Philippines, if .nown, the acts or omissions complained of, and the time and

place of the commission of these acts

1c2 )he te$t of the applica!le law or a statement of the contents of said law, and the designation or description of theoffense !y the law, sufficient for e"aluation of the request and

1d2 Such other documents or information in support of the request&

Secti! &"Duty of Secretary of Forein Affairs; Referral of Request!*iling of Petition& 142 7nless it appears to the Secretary of*oreign Affairs that the request fails to meet the requirements of this law and the rele"ant treaty or con"ention, he shall forward therequest together with the related documents to the Secretary of 8ustice, who shall immediately designate and authori#e an attorney inhis office to ta.e charge of these case&

152 )he attorney so designated shall file a written petition with the proper Court of *irst %nstance of the pro"ince or cityha"ing jurisdiction of the place, with a prayer that the court ta.e the request under consideration and shall attach to the

petition all related documents& )he filing of the petition and the ser"ice of the summons to the accused shall !e free from thepayment of doc.et and sheriff9s fees&

1:2 )he Court of *irst %nstance with which the petition shall ha"e !een filed shall ha"e and continue to ha"e the e$clusi"epower to hear and decide the case, regardless of the su!sequent wherea!outs of the accused, or the change or changes of hisplace of residence&

Secti! 6""ssuance of Summons; Tem#orary Arrest; $earin% Ser&ice of 'otices.142 %mmediately upon receipt of the petition, thepresiding judge of the court shall, as soon as practica!le, summon the accused to appear and to answer the petition on the day and hourfi$ed in the order& We may issue a warrant for the immediate arrest of the accused which may !e ser"ed any where within thePhilippines if it appears to the presiding judge that the immediate arrest and temporary detention of the accused will !est ser"e the

ends of justice& 7pon receipt of the answer, or should the accused after ha"ing recei"ed the summons fail to answer within the timefi$ed, the presiding judge shall hear the ace or set another date for the hearing thereof&

152 )he order and notice as well as a copy of the warrant of arrest, if issued, shall !e promptly ser"ed each upon the accusedand the attorney ha"ing charge of the case&

Secti! '"A##ointment of (ounsel de )ficio.%f on the date set for the hearing the accused does not ha"e a legal counsel, the presidingjudge shall appoint any law practitioner residing within his territorial jurisdiction as counsel de oficio for the accused to assist him inthe hearing&

Secti! ("$earin in *u+lic; Exce#tion; ,eal Re#resentation.

142 )he hearing shall !e pu!lic unless the accused requests, with lea"e of court, that it !e conducted in cham!er&

152 )he attorney ha"ing charge of the case may upon request represent the requesting state or go"ernment throughout theproceeding& )he requesting state or go"ernment may, howe"er, retain pri"ate counsel to represent it for particular e$traditioncase&

1:2 Should the accused fail to appear on the date set for hearing, or if he is not under detention, the court shall forthwith issuea warrant for this arrest which may !e ser"ed upon the accused anywhere in the Philippines&

Secti! 9"'ature and (onduct of *roceedins.142 %n the hearing, the pro"isions of the Rules of Court insofar as practica!le and notinconsistent with the summary nature of the proceedings, shall apply to e$tradition cases, and the hearing shall !e conducted in such amanner as to arri"e as a fair and speedy disposition of the case&

152 Sworn statements offered in e"idence at the hearing of any e$tradition case shall !e recei"ed and admitted as e"idence ifproperly and legally authenticated !y the principal diplomatic or consular officer of the Repu!lic of the Philippines residingin the requesting state&

Secti! 10"+ecision& 7pon conclusion of the hearing, the court shall render a decision granting the e$tradition, and gi"ing his reasonstherefor upon showing of the e$istence of a prima facie case& (therwise, it shall dismiss the petition&


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Secti! 11"Ser"ice of +ecision& )he decision of the court shall !e promptly ser"ed on the accused if he was not present at the readingthereof, and the cler. of the court shall immediately forward two copies thereof to the Secretary of *oreign Affairs through the+epartment of 8ustice&

Secti! 1#"Appeal !y Accused Stay of E$ecution

142 )he accused may, within 4; days from receipt of the decision of the Court of *irst %nstance granting e$tradition casesshall !e final and immediately e$ecutory&

152 )he appeal shall stay the e$ecution of the decision of the Court of *irst %nstance&

Secti! 1$"A##lication of Rules of (ourt.)he pro"isions of the Rules of Court go"erning appeal in criminal cases in the Court ofAppeals shall apply in appeal in E$tradition cases, e$cept that the parties may file typewritten or mimeograph copies of their !riefwithin 4< days from receipt of notice to file such !riefs&

Secti! 1%"Ser&ice of Decision of (ourt of A##eals.)he accused and the Secretary of *oreign Affairs, through the +epartment of8ustice, shall each !e promptly ser"ed with copies of the decision of the Court of Appeals&

Secti! 1&"(oncurrent Request for Extradition.%n case e$tradition of the same person has !een requested !y two or more states, theSecretary of *oreign Affairs, after consultation with the Secretary of 8ustice, shall decide which of the se"eral requests shall !e firstconsidered, and copies of the former9s decision thereon shall promptly !e forwarded to the attorney ha"ing charge of the case, if there

!e one, through the +epartment of 8ustice&

Secti! 16"Surrender of Accused.After the decision of the court in an e$tradition case has !ecome final and e$ecutory, the accusedshall !e placed at the disposal of the authorities of the requesting state or go"ernment, at a time and place to !e determined !y theSecretary of *oreign Affairs, after consultation with the foreign diplomat of the requesting state or go"ernment&

Secti! 1'"Seiure and Turn )&er of Accused *ro#erties.%f e$tradition is granted, articles found in the possession of the accused whohas !een arrested may !e sei#ed upon order of the court at the instance of the requesting state or go"ernment, and such articles shall !edeli"ered to the foreign diplomat of the requesting state or go"ernment who shall issue the corresponding receipt therefor&

Secti! 1("(osts and Ex#enses; By hom *aid.E$cept when the rele"ant e$tradition treaty pro"ides otherwise, all costs or e$pensesincurred in any e$tradition proceeding and in apprehending, securing and transmitting an accused shall !e paid !y the requesting stateor go"ernment& )he Secretary of 8ustice shall certify to the Secretary of *oreign Affairs the amounts to !e paid !y the requesting stateor go"ernment on account of e$penses and costs, and the Secretary of *oreign Affairs shall cause the amounts to !e collected andtransmitted to the Secretary of 8ustice for deposit in the 'ational )reasury of the Philippines&

Secti! 19"Ser&ice of (ourt *rocesses.All processes emanating from the court in connection with e$tradition cases shall !e ser"ed ore$ecuted !y the Sheriff of the pro"ince or city concerned or of any mem!er of any law enforcement agency

Secti! #0"*ro&isional Arrest.1a2 %n case of urgency, the requesting state may, pursuant to the rele"ant treaty or con"ention and whilethe same remains in force request for pro"isional arrest of the accused pending receipt of the request for e$tradition made inaccordance with Section = of this +ecree&

1!2 A request for pro"isional arrest shall !e sent to the +irector of the 'ational >ureau of %n"estigation, anila, eitherthrough the diplomatic channels or direct !y post or telegraph&

1c2 )he +irector of the 'ational >ureau of %n"estigation or any official acting on his !ehalf shall upon receipt of the requestimmediately secure a warrant for the pro"isional arrest of the accused from the presiding judge of the Court of *irst %nstanceof the pro"ince or city ha"ing jurisdiction of the place, who shall issue the warrant for the pro"isional arrest of the accused&)he +irector of the 'ational >ureau of %n"estigation through the Secretary of *oreign Affairs shall inform the requesting ofthe result of its request&

1d2 %f within a period of 5; days after the pro"isional arrest the Secretary of *oreign Affairs has not recei"ed the request fore$tradition and the documents mentioned in Section = of this +ecree, the accused shall !e released from custody&

1e2 Release from pro"isional arrest shall not prejudice re6arrest and e$tradition of the accused if a request for e$tradition isrecei"ed su!sequently in accordance with the rele"ant treaty of con"ention&

Secti! #1"Effecti&ity.this +ecree shall ta.e effect immediately and its pro"isions shall !e in force during the e$istence of anye$tradition treaty or con"ention with, and only in respect of, any foreign state or go"ernment&

+('E in the City of anila , this 4:th day of 8anuary in the ?ear of (ur 0ord nineteen hundred and se"enty6se"en&


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VIENNA CONVENTION ON THE LAW OF TREATIES SIGNED AT VIENNA #$ M)* 1969

E')R? %')( *(RCE- 5@ 8anuary 4B;

)he States Parties to the present Con"ention Considering the fundamental role of treaties in the history of international relations,Recogni#ing the e"er6increasing importance of treaties as a source of international law and as a means of de"eloping peaceful co6

operation among nations, whate"er their constitutional and social systems, 'oting that the principles of free consent and of good faithand the pacta sunt ser"anda rule are uni"ersally recogni#ed, Affirming that disputes concerning treaties, li.e other internationaldisputes, should !e settled !y peaceful means and in conformity with the principles of justice and international law, Recalling thedetermination of the peoples of the 7nited 'ations to esta!lish conditions under which justice and respect for the o!ligations arisingfrom treaties can !e maintained, Ha"ing in mind the principles of international law em!odied in the Charter of the 7nited 'ations,such as the principles of the equal rights and self6determination of peoples, of the so"ereign equality and independence of all States, ofnon6interference in the domestic affairs of States, of the prohi!ition of the threat or use of force and of uni"ersal respect for, ando!ser"ance of, human rights and fundamental freedoms for all, >elie"ing that the codification and progressi"e de"elopment of the lawof treaties achie"ed in the present Con"ention will promote the purposes of the 7nited 'ations set forth in the Charter, namely, themaintenance of international peace and security, the de"elopment of friendly relations and the achie"ement of co6operation amongnations, Affirming that the rules of customary international law will continue to go"ern questions not regulated !y the pro"isions ofthe present Con"ention,Ha"e agreed as follows-

PART I

INTRODUCTION

Article 1 -Scope of the present Convention

)he present Con"ention applies to treaties !etween States&

A+tic,e # - U.e / te+.

4& *or the purposes of the present Con"ention- 1a2 9treaty9 means an international agreement concluded !etween States in written formand go"erned !y international law, whether em!odied in a single instrument or in two or more related instruments and whate"er its

particular designation 1!2 9ratification9, 9acceptance9, 9appro"al9 and 9accession9 mean in each case the international act so namedwhere!y a State esta!lishes on the international plane its consent to !e !ound !y a treaty 1c2 9full powers9 means a document

emanating from the competent authority of a State designating a person or persons to represent the State for negotiating, adopting orauthenticating the te$t of a treaty, for e$pressing the consent of the State to !e !ound !y a treaty, or for accomplishing any other actwith respect to a treaty 1d2 9reser"ation9 means a unilateral statement, howe"er phrased or named, made !y a State, when signing,ratifying, accepting, appro"ing or acceding to a treaty, where!y it purports to e$clude or to modify the legal effect of certain

pro"isions of the treaty in their application to that State 1e2 9negotiating State9 means a State which too. part in the drawing up andadoption of the te$t of the treaty 1f2 9contracting State9 means a State which has consented to !e !ound !y the treaty, whether or notthe treaty has entered into force 1g2 9party9 means a State which has consented to !e !ound !y the treaty and for which the treaty is inforce 1h2 9third State9 means a State not a party to the treaty 1i2 9international organi#ation9 means an intergo"ernmental organi#ation&

5& )he pro"isions of paragraph 4 regarding the use of terms in the present Con"ention are without prejudice to the use of those termsor to the meanings which may !e gi"en to them in the internal law of any State&

A+tic,e $ - I!te+!)ti!), )+eee!t. !t 2it3i! t3e .c4e / t3e 4+e.e!t C!5e!ti!

)he fact that the present Con"ention does not apply to international agreements concluded !etween States and other su!jects ofinternational law or !etween such other su!jects of international law, or to international agreements not in written form, shall notaffect-

1a2 the legal force of such agreements 1!2 the application to them of any of the rules set forth in the present Con"ention to which theywould !e su!ject under international law independently of the Con"ention 1c2 the application of the Con"ention to the relations ofStates as !etween themsel"es under international agreements to which other su!jects of international law are also parties&

A+tic,e %-N!-+et+)cti5it* / t3e 4+e.e!t C!5e!ti!

Without prejudice to the application of any rules set forth in the present Con"ention to which treaties would !e su!ject underinternational law independently of the Con"ention, the Con"ention applies only to treaties which are concluded !y States after theentry into force of the present Con"ention with regard to such States&

A+tic,e & - T+e)tie. c!.titti! i!te+!)ti!), +)!i7)ti!. )!8 t+e)tie. )84te8 2it3i! )! i!te+!)ti!), +)!i7)ti!

)he present Con"ention applies to any treaty which is the constituent instrument of an international organi#ation and to any treatyadopted within an international organi#ation without prejudice to any rele"ant rules of the organi#ation&

PART II

CONCLUSION AND ENTRY INTO FORCE OF TREATIES


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SECTION 1" CONCLUSION OF TREATIES

A+tic,e 6 - C)4)cit* / St)te. t c!c,8e t+e)tie.

E"ery State possesses capacity to conclude treaties&

A+tic,e '- F,, 42e+.

4& A person is considered as representing a State for the purpose of adopting or authenticating the te$t of a treaty or for the purpose ofe$pressing the consent of the State to !e !ound !y a treaty if-

1a2 he produces appropriate full powers or 1!2 it appears from the practice of the States concerned or from other circumstances thattheir intention was to consider that person as representing the State for such purposes and to dispense with full powers&

5& %n "irtue of their functions and without ha"ing to produce full powers, the following are considered as representing their State-

1a2 Heads of State, Heads of 3o"ernment and inisters for *oreign Affairs, for the purpose of performing all acts relating to theconclusion of a treaty 1!2 heads of diplomatic missions, for the purpose of adopting the te$t of a treaty !etween the accrediting Stateand the State to which they are accredited 1c2 representati"es accredited !y States to an international conference or to an internationalorgani#ation or one of its organs, for the purpose of adopting the te$t of a treaty in that conference, organi#ation or organ&

A+tic,e ( - S.e:e!t c!/i+)ti! / )! )ct 4e+/+e8 2it3t )t3+i7)ti!

An act relating to the conclusion of a treaty performed !y a person who cannot !e considered under article @ as authori#ed to representa State for that purpose is without legal effect unless afterwards confirmed !y that State&

A+tic,e 9 - A84ti! / t3e te;t

4& )he adoption of the te$t of a treaty ta.es place !y the consent of all the States participating in its drawing up e$cept as pro"ided inparagraph 5&

5& )he adoption of the te$t of a treaty at an international conference ta.es place !y the "ote of two6thirds of the States present and"oting, unless !y the same majority they shall decide to apply a different rule&

A+tic,e 10 -At3e!tic)ti! / t3e te;t

)he te$t of a treaty is esta!lished as authentic and definiti"e-

1a2 !y such procedure as may !e pro"ided for in the te$t or agreed upon !y the States participating in its drawing up or 1!2 failing

such procedure, !y the signature, signature ad referendum or initialling !y the representati"es of those States of the te$t of the treaty orof the *inal Act of a conference incorporating the te$t&

A+tic,e 11 -Me)!. / e;4+e..i! c!.e!t t e !8 * ) t+e)t*

)he consent of a State to !e !ound !y a treaty may !e e$pressed !y signature, e$change of instruments constituting a treaty,ratification, acceptance, appro"al or accession, or !y any other means if so agreed&

A+tic,e 1# - C!.e!t t e !8 * ) t+e)t* e;4+e..e8 * .i!)t+e

4& )he consent of a State to !e !ound !y a treaty is e$pressed !y the signature of its representati"e when- 1a2 the treaty pro"ides thatsignature shall ha"e that effect 1!2 it is otherwise esta!lished that the negotiating States were agreed that signature should ha"e thateffect or 1c2 the intention of the State to gi"e that effect to the signature appears from the full powers of its representati"e or wase$pressed during the negotiation&

5& *or the purposes of paragraph 4- 1a2 the initialling of a te$t constitutes a signature of the treaty when it is esta!lished that thenegotiating States so agreed 1!2 the signature ad referendum of a treaty !y a representati"e, if confirmed !y his State, constitutes a fullsignature of the treaty&

A+tic,e 1$ - C!.e!t t e !8 * ) t+e)t* e;4+e..e8 * )! e;c3)!e / i!.t+e!t. c!.titti! ) t+e)t*

)he consent of States to !e !ound !y a treaty constituted !y instruments e$changed !etween them is e$pressed !y that e$changewhen- 1a2 the instruments pro"ide that their e$change shall ha"e that effect or 1!2 it is otherwise esta!lished that those States wereagreed that the e$change of instruments should ha"e that effect

A+tic,e 1% -C!.e!t t e !8 * ) t+e)t* e;4+e..e8 * +)ti/ic)ti!< )cce4t)!ce + )44+5),

4& )he consent of a State to !e !ound !y a treaty is e$pressed !y ratification when-

1a2 the treaty pro"ides for such consent to !e e$pressed !y means of ratification 1!2 it is otherwise esta!lished that the negotiatingStates were agreed that ratification should !e required 1c2 the representati"e of the State has signed the treaty su!ject to ratification or1d2 the intention of the State to sign the treaty su!ject to ratification appears from the full powers of its representati"e or was e$pressedduring the negotiation&

5& )he consent of a State to !e !ound !y a treaty is e$pressed !y acceptance or appro"al under conditions similar to those which applyto ratification&

A+tic,e 1& -C!.e!t t e !8 * ) t+e)t* e;4+e..e8 * )cce..i!

)he consent of a State to !e !ound !y a treaty is e$pressed !y accession when-


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1a2 the treaty pro"ides that such consent may !e e$pressed !y that State !y means of accession 1!2 it is otherwise esta!lished that thenegotiating States were agreed that such consent may !e e$pressed !y that State !y means of accession or 1c2 all the parties ha"esu!sequently agreed that such consent may !e e$pressed !y that State !y means of accession&

A+tic,e 16 - E;c3)!e + 8e4.it / i!.t+e!t. / +)ti/ic)ti!< )cce4t)!ce< )44+5), + )cce..i!

7nless the treaty otherwise pro"ides, instruments of ratification, acceptance, appro"al or accession esta!lish the consent of a State to!e !ound !y a treaty upon-

1a2 their e$change !etween the contracting States 1!2 their deposit with the depositary or 1c2 their notification to the contracting

States or to the depositary, if


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4& 7nless the treaty otherwise pro"ides, a reser"ation may !e withdrawn at any time and the consent of a State which has accepted thereser"ation is not required for its withdrawal&

5& 7nless the treaty otherwise pro"ides, an o!jection to a reser"ation may !e withdrawn at any time&

:& 7nless the treaty otherwise pro"ides, or it is otherwise agreed-

1a2 the withdrawal of a reser"ation !ecomes operati"e in relation to another contracting State only when notice of it has !een recei"ed!y that State 1!2 the withdrawal of an o!jection to a reser"ation !ecomes operati"e only when notice of it has !een recei"ed !y theState which formulated the reser"ation&

A+tic,e #$ - P+ce8+e +e)+8i! +e.e+5)ti!.

4& A reser"ation, an e$press acceptance of a reser"ation and an o!jection to a reser"ation must !e formulated in writing andcommunicated to the contracting States and other States entitled to !ecome parties to the treaty&

5& %f formulated when signing the treaty su!ject to ratification, acceptance or appro"al, a reser"ation must !e formally confirmed !ythe reser"ing State when e$pressing its consent to !e !ound !y the treaty& %n such a case the reser"ation shall !e considered as ha"ing

!een made on the date of its confirmation&

:& An e$press acceptance of, or an o!jection to, a reser"ation made pre"iously to confirmation of the reser"ation does not itself requireconfirmation&

=& )he withdrawal of a reser"ation or of an o!jection to a reser"ation must !e formulated in writing&

SECTION $" ENTRY INTO FORCE AND PROVISIONAL APPLICATION OF TREATIES

A+tic,e #% - E!t+* i!t /+ce

4& A treaty enters into force in such manner and upon such date as it may pro"ide or as the negotiating States may agree&

5& *ailing any such pro"ision or agreement, a treaty enters into force as soon as consent to !e !ound !y the treaty has !een esta!lishedfor all the negotiating States&

:& When the consent of a State to !e !ound !y a treaty is esta!lished on a date after the treaty has come into force, the treaty enters intoforce for that State on that date, unless the treaty otherwise pro"ides&

=& )he pro"isions of a treaty regulating the authentication of its te$t, the esta!lishment of the consent of States to !e !ound !y thetreaty, the manner or date of its entry into force, reser"ations, the functions of the depositary and other matters arising necessarily

!efore the entry into force of the treaty apply from the time of the adoption of its te$t&

A+tic,e #& - P+5i.i!), )44,ic)ti!

4& A treaty or a part of a treaty is applied pro"isionally pending its entry into force if-

1a2 the treaty itself so pro"ides or 1!2 the negotiating States ha"e in some other manner so agreed&

5& 7nless the treaty otherwise pro"ides or the negotiating States ha"e otherwise agreed, the pro"isional application of a treaty or a partof a treaty with respect to a State shall !e terminated if that State notifies the other States !etween which the treaty is !eing applied

pro"isionally of its intention not to !ecome a party to the treaty&

PART III - OBSERVANCE< APPLICATION AND INTERPRETATION OF TREATIES

SEC)%(' 4& (>SERA'CE (* )REA)%ESArticle 5D 6 Pacta sunt ser"anda

E"ery treaty in force is !inding upon the parties to it and must !e performed !y them in good faith&

Article 5@ %nternal law and o!ser"ance of treaties

A party may not in"o.e the pro"isions of its internal law as justification for its failure to perform a treaty& )his rule is withoutprejudice to article =D&

SECTION #" APPLICATION OF TREATIES

A+tic,e #( - N!-+et+)cti5it* / t+e)tie.

7nless a different intention appears from the treaty or is otherwise esta!lished, its pro"isions do not !ind a party in relation to any actor fact which too. place or any situation which ceased to e$ist !efore the date of the entry into force of the treaty with respect to thatparty&

A+tic,e #9 - Te++it+i), .c4e / t+e)tie.

7nless a different intention appears from the treaty or is otherwise esta!lished, a treaty is !inding upon each party in respect of itsentire territory&

A+tic,e $0 - A44,ic)ti! / .cce..i5e t+e)tie. +e,)ti! t t3e .)e .=ect-)tte+

4& Su!ject to Article 4;: of the Charter of the 7nited 'ations, the rights and o!ligations of States parties to successi"e treaties relatingto the same su!ject6matter shall !e determined in accordance with the following paragraphs&


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5& When a treaty specifies that it is su!ject to, or that it is not to !e considered as incompati!le with, an earlier or later treaty, thepro"isions of that other treaty pre"ail&

:& When all the parties to the earlier treaty are parties also to the later treaty !ut the earlier treaty is not terminated or suspended inoperation under article


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4& When an o!ligation has arisen for a third State in conformity with article :


10/16

:& %f the ground relates solely to particular clauses, it may !e in"o.ed only with respect to those clauses where-

1a2 the said clauses are separa!le from the remainder of the treaty with regard to their application 1!2 it appears from the treaty or isotherwise esta!lished that acceptance of those clauses was not an essential !asis of the consent of the other party or parties to !e

!ound !y the treaty as a whole and 1c2 continued performance of the remainder of the treaty would not !e unjust&

=& %n cases falling under articles = and e ) +!8 /+ i!5),i8)ti!< te+i!)ti!< 2it38+)2i! /+ + ..4e!8i! t3e 4e+)ti! / )

t+e)t*

A State may no longer in"o.e a ground for in"alidating, terminating, withdrawing from or suspending the operation of a treaty underarticles =D to


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)he termination of a treaty or the withdrawal of a party may ta.e place-

1a2 in conformity with the pro"isions of the treaty or 1!2 at any time !y consent of all the parties after consultation with the othercontracting States&

A+tic,e && - Re8cti! / t3e 4)+tie. t ) ,ti,)te+), t+e)t* e,2 t3e !e+ !ece..)+* /+ it. e!t+* i!t /+ce

7nless the treaty otherwise pro"ides, a multilateral treaty does not terminate !y reason only of the fact that the num!er of the partiesfalls !elow the num!er necessary for its entry into force&

A+tic,e &6 - De!!ci)ti! / + 2it38+)2), /+ ) t+e)t* c!t)i!i! ! 4+5i.i! +e)+8i! te+i!)ti!< 8e!!ci)ti! +2it38+)2),

4& A treaty which contains no pro"ision regarding its termination and which does not pro"ide for denunciation or withdrawal is notsu!ject to denunciation or withdrawal unless-

1a2 it is esta!lished that the parties intended to admit the possi!ility of denunciation or withdrawal or 1!2 a right of denunciation orwithdrawal may !e implied !y the nature of the treaty&

5& A party shall gi"e not less than twel"e months9 notice of its intention to denounce or withdraw from a treaty under paragraph 4&

A+tic,e &' - S.4e!.i! / t3e 4e+)ti! / ) t+e)t* !8e+ it. 4+5i.i!. + * c!.e!t / t3e 4)+tie.

)he operation of a treaty in regard to all the parties or to a particular party may !e suspended-

1a2 in conformity with the pro"isions of the treaty or 1!2 at any time !y consent of all the parties after consultation with the othercontracting States&

A+tic,e &( - S.4e!.i! / t3e 4e+)ti! / ) ,ti,)te+), t+e)t* * )+eee!t et2ee! ce+t)i! / t3e 4)+tie. !,*

4& )wo or more parties to a multilateral treaty may conclude an agreement to suspend the operation of pro"isions of the treaty,temporarily and as !etween themsel"es alone, if-

1a2 the possi!ility of such a suspension is pro"ided for !y the treaty or 1!2 the suspension in question is not prohi!ited !y the treatyand- 1i2 does not affect the enjoyment !y the other parties of their rights under the treaty or the performance of their o!ligations 1ii2 isnot incompati!le with the o!ject and purpose of the treaty&

5& 7nless in a case falling under paragraph 41a2 the treaty otherwise pro"ides, the parties in question shall notify the other parties oftheir intention to conclude the agreement and of those pro"isions of the treaty the operation of which they intend to suspend&

A+tic,e &9 - Te+i!)ti! + ..4e!.i! / t3e 4e+)ti! / ) t+e)t* i4,ie8 * c!c,.i! / ) ,)te+ t+e)t*

4& A treaty shall !e considered as terminated if all the parties to it conclude a later treaty relating to the same su!ject6matter and-

1a2 it appears from the later treaty or is otherwise esta!lished that the parties intended that the matter should !e go"erned !y thattreaty or 1!2 the pro"isions of the later treaty are so far incompati!le with those of the earlier one that the two treaties are not capa!leof !eing applied at the same time&

5& )he earlier treaty shall !e considered as only suspended in operation if it appears from the later treaty or is otherwise esta!lishedthat such was the intention of the parties&

A+tic,e 60 - Te+i!)ti! + ..4e!.i! / t3e 4e+)ti! / ) t+e)t* ). ) c!.e:e!ce / it. +e)c3

4& A material !reach of a !ilateral treaty !y one of the parties entitles the other to in"o.e the !reach as a ground for terminating thetreaty or suspending its operation in whole or in part&

5& A material !reach of a multilateral treaty !y one of the parties entitles-

1a2 the other parties !y unanimous agreement to suspend the operation of the treaty in whole or in part or to terminate it either- 1i2 inthe relations !etween themsel"es and the defaulting State, or 1ii2 as !etween all the parties 1!2 a party specially affected !y the !reachto in"o.e it as a ground for suspending the operation of the treaty in whole or in part in the relations !etween itself and the defaultingState 1c2 any party other than the defaulting State to in"o.e the !reach as a ground for suspending the operation of the treaty in wholeor in part with respect to itself if the treaty is of such a character that a material !reach of its pro"isions !y one party radically changesthe position of e"ery party with respect to the further performance of its o!ligations under the treaty&

:& A material !reach of a treaty, for the purposes of this article, consists in-

1a2 a repudiation of the treaty not sanctioned !y the present Con"ention or 1!2 the "iolation of a pro"ision essential to theaccomplishment of the o!ject or purpose of the treaty&

=& )he foregoing paragraphs are without prejudice to any pro"ision in the treaty applica!le in the e"ent of a !reach&


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5& %mpossi!ility of performance may not !e in"o.ed !y a party as a ground for terminating, withdrawing from or suspending theoperation of a treaty if the impossi!ility is the result of a !reach !y that party either of an o!ligation under the treaty or of any otherinternational o!ligation owed to any other party to the treaty&

A+tic,e 6# - F!8)e!t), c3)!e / ci+c.t)!ce.

4& A fundamental change of circumstances which has occurred with regard to those e$isting at the time of the conclusion of a treaty,and which was not foreseen !y the parties, may not !e in"o.ed as a ground for terminating or withdrawing from the treaty unless-

1a2 the e$istence of those circumstances constituted an essential !asis of the consent of the parties to !e !ound !y the treaty and 1!2

the effect of the change is radically to transform the e$tent of o!ligations still to !e performed under the treaty&

5& A fundamental change of circumstances may not !e in"o.ed as a ground for terminating or withdrawing from a treaty-

1a2 if the treaty esta!lishes a !oundary or 1!2 if the fundamental change is the result of a !reach !y the party in"o.ing it either of ano!ligation under the treaty or of any other international o!ligation owed to any other party to the treaty&

:& %f, under the foregoing paragraphs, a party may in"o.e a fundamental change of circumstances as a ground for terminating orwithdrawing from a treaty it may also in"o.e the change as a ground for suspending the operation of the treaty&

A+tic,e 6$ - Se5e+)!ce / 8i4,)tic + c!.,)+ +e,)ti!.

)he se"erance of diplomatic or consular relations !etween parties to a treaty does not affect the legal relations esta!lished !etweenthem !y the treaty e$cept in so far as the e$istence of diplomatic or consular relations is indispensa!le for the application of the treaty&

A+tic,e 6% Ee+e!ce / ) !e2 4e+e4t+* !+ / e!e+), i!te+!)ti!), ,)2 ?=. ce!.@

%f a new peremptory norm of general international law emerges, any e$isting treaty which is in conflict with that norm !ecomes "oidand terminates&

SECTION %" PROCEDURE

A+tic,e 6 - P+ce8+e t e /,,2e8 2it3 +e.4ect t i!5),i8it*< te+i!)ti!< 2it38+)2), /+ + ..4e!.i! / t3e 4e+)ti! /

) t+e)t*

4& A party which, under the pro"isions of the present Con"ention, in"o.es either a defect in its consent to !e !ound !y a treaty or aground for impeaching the "alidity of a treaty, terminating it, withdrawing from it or suspending its operation, must notify the other

parties of its claim& )he notification shall indicate the measure proposed to !e ta.en with respect to the treaty and the reasons therefor&

5& %f, after the e$piry of a period which, e$cept in cases of special urgency, shall not !e less than three months after the receipt of thenotification, no party has raised any o!jection, the party ma.ing the notification may carry out in the manner pro"ided in article D@ themeasure which it has proposed&

:& %f, howe"er, o!jection has !een raised !y any other party, the parties shall see. a solution through the means indicated in article ::of the Charter of the 7nited 'ations&

=& 'othing in the foregoing paragraphs shall affect the rights or o!ligations of the parties under any pro"isions in force !inding theparties with regard to the settlement of disputes&


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A+tic,e 69 - C!.e:e!ce. / t3e i!5),i8it* / ) t+e)t*

4& A treaty the in"alidity of which is esta!lished under the present Con"ention is "oid& )he pro"isions of a "oid treaty ha"e no legalforce&

5& %f acts ha"e ne"ertheless !een performed in reliance on such a treaty-

1a2 each party may require any other party to esta!lish as far as possi!le in their mutual relations the position that would ha"e e$istedif the acts had not !een performed 1!2 acts performed in good faith !efore the in"alidity was in"o.ed are not rendered unlawful !yreason only of the in"alidity of the treaty&

:& %n cases falling under articles =,


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5& )he functions of the depositary of a treaty are international in character and the depositary is under an o!ligation to act impartiallyin their performance& %n particular, the fact that a treaty has not entered into force !etween certain of the parties or that a difference hasappeared !etween a State and a depositary with regard to the performance of the latter9s functions shall not affect that o!ligation&

A+tic,e '' - F!cti!. / 8e4.it)+ie.

4& )he functions of a depositary, unless otherwise pro"ided in the treaty or agreed !y the contracting States, comprise in particular-

1a2 .eeping custody of the original te$t of the treaty and of any full powers deli"ered to the depositary 1!2 preparing certified copiesof the original te$t and preparing any further te$t of the treaty in such additional languages as may !e required !y the treaty and

transmitting them to the parties and to the States entitled to !ecome parties to the treaty 1c2 recei"ing any signatures to the treaty andrecei"ing and .eeping custody of any instruments, notifications and communications relating to it 1d2 e$amining whether thesignature or any instrument, notification or communication relating to the treaty is in due and proper form and, if need !e, !ringing thematter to the attention of the State in question 1e2 informing the parties and the States entitled to !ecome parties to the treaty of acts,notifications and communications relating to the treaty 1f2 informing the States entitled to !ecome parties to the treaty when thenum!er of signatures or of instruments of ratification, acceptance, appro"al or accession required for the entry into force of the treatyhas !een recei"ed or deposited 1g2 registering the treaty with the Secretariat of the 7nited 'ations 1h2 performing the functionsspecified in other pro"isions of the present Con"ention&

5& %n the e"ent of any difference appearing !etween a State and the depositary as to the performance of the latter9s functions, thedepositary shall !ring the question to the attention of the signatory States and the contracting States or, where appropriate, of thecompetent organ of the international organi#ation concerned&

A+tic,e '( - Nti/ic)ti!. )!8 c!ic)ti!.

E$cept as the treaty or the present Con"ention otherwise pro"ide, any notification or communication to !e made !y any State underthe present Con"ention shall-

1a2 if there is no depositary, !e transmitted direct to the States for which it is intended, or if there is a depositary, to the latter 1!2 !econsidered as ha"ing !een made !y the State in question only upon its receipt !y the State to which it was transmitted or, as the casemay !e, upon its receipt !y the depositary 1c2 if transmitted to a depositary, !e considered as recei"ed !y the State for which it wasintended only when the latter State has !een informed !y the depositary in accordance with article @@, paragraph 4 1e2&

A+tic,e '9 - C++ecti! / e+++. i! te;t. + i! ce+ti/ie8 c4ie. / t+e)tie.

4& Where, after the authentication of the te$t of a treaty, the signatory States and the contracting States are agreed that it contains anerror, the error shall, unless they decide upon some other means of correction, !e corrected-

1a2 !y ha"ing the appropriate correction made in the te$t and causing the correction to !e initialled !y duly authori#ed representati"es1!2 !y e$ecuting or e$changing an instrument or instruments setting out the correction which it has !een agreed to ma.e or 1c2 !ye$ecuting a corrected te$t of the whole treaty !y the same procedure as in the case of the original te$t&

5& Where the treaty is one for which there is a depositary, the latter shall notify the signatory States and the contracting States of theerror and of the proposal to correct it and shall specify an appropriate time6limit within which o!jection to the proposed correctionmay !e raised& %f, on the e$piry of the time6limit-

1a2 no o!jection has !een raised, the depositary shall ma.e and initial the correction in the te$t and shall e$ecute a procs6"er!al of therectification of the te$t and communicate a copy of it to the parties and to the States entitled to !ecome parties to the treaty 1!2 ano!jection has !een raised, the depositary shall communicate the o!jection to the signatory States and to the contracting States&

:& )he rules in paragraphs 4 and 5 apply also where the te$t has !een authenticated in two or more languages and it appears that there

is a lac. of concordance which the signatory States and the contracting States agree should !e corrected&

=& )he corrected te$t replaces the defecti"e te$t a! initio, unless the signatory States and the contracting States otherwise decide&


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)he present Con"ention is su!ject to ratification& )he instruments of ratification shall !e deposited with the Secretary63eneral of the7nited 'ations&

A+tic,e ($ - Acce..i!

)he present Con"ention shall remain open for accession !y any State !elonging to any of the categories mentioned in article B4& )heinstruments of accession shall !e deposited with the Secretary63eneral of the 7nited 'ations&

A+tic,e (% - E!t+* i!t /+ce

4& )he present Con"ention shall enter into force on the thirtieth day following the date of deposit of the thirty6fifth instrument ofratification or accession&

5& *or each State ratifying or acceding to the Con"ention after the deposit of the thirty6fifth instrument of ratification or accession, theCon"ention shall enter into force on the thirtieth day after deposit !y such State of its instrument of ratification or accession&

A+tic,e (& - At3e!tic te;t.

)he original of the present Con"ention, of which the Chinese, English, *rench, Russian and Spanish te$ts are equally authentic, shall!e deposited with the Secretary63eneral of the 7nited 'ations&


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19(' P3i,i44i!e C!.titti!

A+tic,e #

Section 5& )he Philippines renounces war as an instrument of national policy, adopts the generally acceptedprinciples 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&

A+tic,e '

Section 54& Section 54& 'o treaty or international agreement shall !e "alid and effecti"e unless concurred in !yat least two6thirds of all the em!ers of the Senate&

A+tic,e (

Section & )he em!ers of the Supreme Court and judges of the lower courts shall !e appointed !y the

President from a list of at least three nominees prepared !y the 8udicial and >ar Council for e"ery "acancy&Such appointments need no confirmation&

*or the lower courts, the President shall issue the appointments within ninety days from the su!mission of thelist&

A+tic,e 1(

Section 5

presidential decree 1069

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