Legally Yours,  Political Law

Secretary of Justice v. Lantion

Constitutional Law. Political Law. Fundamental Principles and State Policies. Article II, Section 2. Incorporation Clause.
322 SCRA 160

The Department of Justice received from the Department of Foreign Affairs a request from the United States for the extradition of Mark Jimenez to the United States pursuant to PD No. 1609 prescribing the procedure for extradition of persons who have committed a crime in a foreign country. Jimenez requested for copies of the request and that he be given ample time to comment on the said request. The petitioners denied the request pursuant to the RP-US Extradition Treaty.

Whether or not treaty stipulations must take precedence over an individual’s due process rights

The human rights of person and the rights of the accused guaranteed in the Constitution should take precedence over treaty rights claimed by a contracting party, the doctrine of incorporation is applied whenever municipal tribunals are confronted with a situation where there is a conflict between a rule of the international law and the constitution. Efforts must first be made in order to harmonize the provisions so as to give effect to both but if the conflict is irreconcilable, the municipal law must be upheld. The fact that international law has been made part of the law of the land does not pertain to or imply the primacy of international law over municipal law in the municipal sphere. In states where the constitution is the highest law of the land, both statutes and treaties may be invalidated if they are in conflict with the constitution.

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