THE CASE AND THE TREATY. BORN with a Spanish national father, Francisco Juan “ Paco ” Larrañaga can be incarcerated in Spain through the Republic of the Philippines-Kingdom of Spain Treaty on the Transfer of Sentenced Persons (RP-Spain TSPA).
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This treaty was ratified by the Senate several years ago,bythe Philippine Senate and, therefore, binding to our country and is enforceable by both parties.
It must also be emphasized that under Article 2, Section 2 of the Constitution, the Philippines adopts the generally accepted principles of international law as part of the laws of this country.
There is a Latin maxim in international law which says: “Pactasuntservanda,” meaning that a valid treaty must be accepted and observed in good faith. Upon this principle, we cannot renege on our commitment just because some people are against its implementation. For as long as the treaty remains and both parties observe it in good faith, we must abide by it and carry out our obligation under it.
The only way by which a valid treaty may be abrogated is when some developments happen which are inconsistent with it, as when the parties or any of the parties may refuse to carry it out. This is the so-called doctrine of “Rebus sic stantivus.” A ratified treaty is a commitment which we must honor, and the test of such a treaty is in the manner in which we implement the same.