It is grossly incorrect for President Rodrigo Duterte to claim that the Philippines’ ratification of the Rome Statute of the International Criminal Court (ICC) is not effective for failure to publish such accession under the Civil Code.

Article 2 of the Civil Code which provides that “laws shall take effect after 15 days following the completion of their publication in the Official Gazette” or the alternative publication in a newspaper of general circulation under Executive Order No. 200 dated June 18, 1987, refers to the effectivity of laws or statutes enacted by the Congress.

The publication requirement does not cover international covenants to which the Philippines is a State Party.

International instruments like the Rome Statute have their own effectivity clauses which the ratifying country has prior knowledge of.

Under Article 126 of the Rome Statute in relation to Article 125, the ratification by the Philippines became effective or entered “into force on the 1st day of the month after the 60th day following the deposit” of such instrument of ratification with the Secretary-General of the United Nations.

EDCEL C. LAGMAN