President Hidalgo, who wanted the Philippines to be part of the International Criminal Court once again, signed the Philippines’ ratification of the Rome Statute. A copy of the treaty, along with the ratification, was sent to the Senate for its concurrence. Senator Dalisay filed a proposed “Resolution” for the Senate to concur with the Philippines’ ratification. The proposed “Resolution” was read three times on three separate days. Three days before the third reading, printed copies of the proposed “Resolution” in its final form were distributed to all the Senators. The Senators then unanimously approved the “Resolution”, and the Senate expressed its concurrence with the treaty’s ratification. A civil society group filed a petition before the Supreme Court questioning the validity of the Senate’s concurrence on the ground that the “Resolution” was void because only a “bill” becomes a law. Rule on the petition. Explain briefly. (5 points)
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The petition should be dismissed for lack of merit. Under Article VII, Section 21 of the Constitution, a treaty requires concurrence by at least two-thirds of all Senate Members to be valid. Senate
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Quick check
Is Senate concurrence in a treaty required to be in the form of a legislative bill passed by Congress?
Senate concurrence in a treaty is an exclusive checking function expressed through a Senate resolution rather than a legislative bill.
What voting threshold is constitutionally required for the Senate to concur in a treaty under Article VII, Section 21?
Article VII, Section 21 of the Constitution requires concurrence by at least two-thirds of all Senate members.
Why is presentment to the President unnecessary for Senate concurrence in a treaty?
Treaty concurrence is an exclusive Senate checking power, not a lawmaking act requiring presentment to the President.
Which branch of government holds the primary authority to negotiate and ratify international treaties?
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What is the legal effect of a Senate resolution expressing concurrence in a ratified treaty?
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Learn more about these topics
1. Treaty Concurrence
Under Article VII, Section 21 of the 1987 Constitution, 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. The treaty-making power is an executive function vested in the President, while Senate concurrence serves as a constitutional check by the legislative branch. The requirement of Senate concurrence ensures that international obligations assumed by the executive receive proper legislative scrutiny and national representation before taking full binding effect within the domestic legal order.
2. Resolution Versus Bill
Concurring in a treaty is an exclusive legislative check exercised solely by the Senate, distinct from the lawmaking function of Congress. Lawmaking requires the passage of a bill through both the House of Representatives and the Senate followed by presentment to the President. In contrast, treaty concurrence does not create new domestic legislation and is properly expressed through a Senate resolution. A Senate resolution satisfies the constitutional requirement under Article VII, Section 21 without requiring bicameral enactment or presidential approval.
3. Senate Voting Margin
Article VII, Section 21 of the 1987 Constitution explicitly prescribes that concurrence in a treaty or international agreement requires a supermajority vote of at least two-thirds of all members of the Senate. When a proposed resolution expressing concurrence in a treaty is submitted to a vote, reaching or exceeding this two-thirds constitutional threshold validates the Senate's approval. A unanimous vote by all senators present and voting easily satisfies this constitutional requirement, rendering the concurrence valid and effective.