VINUYA vs ROMULO Here, the Constitution has entrusted to the Executive Department the conduct of foreign relations for the Philippines. Whether or not to espouse petitioners' claim against the Government of Japan is left to the exclusive determination and judgment of the Executive Department. The Court cannot interfere with or question the wisdom of the conduct of foreign relations by the Executive Department. Accordingly, we cannot direct the Executive Department, either by writ of certiorari or injunction, to conduct our foreign relations with Japan in a certain manner. WHEREFORE, the Court DENIES the Motion for Reconsideration and Supplemental Motion for Reconsideration for their lack of merit. SO ORDERED. PHAT vs DUQUE On the constitutionality of the provisions of the RIRR First, the Court will determine if pertinent international instruments adverted to by respondents are part of the law of the land. Petitioner assails the RIRR for allegedly going beyond the provisions of the Milk Code, thereby amending and expanding the coverage of said law. The defense of the DOH is that the RIRR implements not only the Milk Code but also various international instruments 10 regarding infant and young child nutrition. It is respondents' position that said international instruments are deemed part of the law of the land and therefore the DOH may implement them through the RIRR. The Court notes that the following international instruments invoked by respondents, namely: (1) The United Nations Convention on the Rights of the Child; (2) The International Covenant on Economic, Social and Cultural Rights; and (3) the Convention on the Elimination of All Forms of Discrimination Against Women, only provide in general terms that steps must be taken by State Parties to diminish infant and child mortality and inform society of the advantages of breastfeeding, ensure the health and well-being of families, and ensure that women are provided with services and nutrition in connection with pregnancy and lactation. Said instruments do not contain specific provisions regarding the use or marketing of breastmilk substitutes. The international instruments that do have specific provisions regarding breastmilk substitutes are the ICMBS and various WHA Resolutions. Under the 1987 Constitution, international law can become part of the sphere of domestic law either bytransformation or incorporation. 11 The transformation method requires that an international law be transformed into a domestic law through a constitutional mechanism such as local legislation. The incorporation method applies when, by mere constitutional declaration, international law is deemed to have the force of domestic law. 12 Treaties become part of the law of the land through transformation pursuant to Article VII, Section 21 of the Constitution which provides that "[n]o treaty or international agreement shall be valid and effective unless concurred in by at least two-thirds of all the members of the Senate." Thus, treaties or conventional international law must go through a process prescribed by the Constitution for it to be transformed into municipal law that can be applied to domestic conflicts. 13 The ICMBS and WHA Resolutions are not treaties as they have not been concurred in by at least two-thirds of all members of the Senate as required under Section 21, Article VII of the 1987 Constitution. However, the ICMBS which was adopted by the WHA in 1981 had been transformed into domestic law through local legislation, the Milk Code. Consequently, it is the Milk Code that has the force and effect of law in this jurisdiction and not the ICMBS per se. The Milk Code is almost a verbatim reproduction of the ICMBS, but it is well to emphasize at this point that the Code did not adopt the provision in the ICMBS absolutely prohibiting advertising or other forms of promotion to the general public of products within the scope of the ICMBS. Instead, the Milk Code expressly provides that advertising, promotion, or other marketing materials may be allowed if such materials are duly authorized and approved by the Inter-Agency Committee (IAC).
VINUYA vs ROMULOHere, the Constitution has entrusted to the
ExecutiveDepartment the conduct of foreign relations for
thePhilippines. Whether or not toespousepetitioners'claim against
the Government of Japan is left to theexclusive determination and
udgment of theExecutiveDepartment. !heCourt cannot interfere"ith or
#uestion the "isdom of the conduct of foreignrelations $% the
Executive Department. &ccordingl%,"e cannot direct the
Executive Department, either $%"rit of certiorari or inunction, to
conduct our foreignrelations "ith Japan in a certain
manner.WHE'E()'E, the Court DE*+E, the -otion for'econsideration
and ,upplemental -otion for'econsideration for their lac. of
merit.,) )'DE'ED.PHAT vs DUQUEOn the constitutionality of the
provisions of the RIRRFirst, the Court "ill determine if
pertinentinternational instruments adverted to $% respondentsare
part of the la" of the land.Petitioner assails the '+'' for
allegedl% going $e%ondtheprovisionsof the-il.Code,
there$%amendingand expanding the coverage of said la". !he
defenseof the D)H is that the '+'' implements not onl% the-il. Code
$ut also various internationalinstruments/0 regarding infant and
%oung childnutrition. +t is respondents' position that
saidinternational instruments are deemed part of the la"of
thelandandthereforetheD)Hma%implementthem through the '+''.!he
Court notes that the follo"ing internationalinstruments invo.ed $%
respondents, namel%1 2/3 !he4nited *ations Convention on the 'ights
of the Child5263 !he+nternational CovenantonEconomic,
,ocialandCultural 'ights5 and273theConventionontheElimination of
&ll (orms of Discrimination &gainstWomen, onl%
provideingeneral terms that stepsmust $e ta.en $% ,tate Parties to
diminish infant andchild mortalit% and inform societ% of the
advantagesof $reastfeeding, ensure the health and "ell8$eing
offamilies, andensurethat"omenareprovided"ithservices and nutrition
in connection "ith pregnanc%and lactation. ,aid instruments do not
containspeci9c provisions regarding the use or mar.eting
of$reastmil. su$stitutes.!heinternational instrumentsthat
dohavespeci9cprovisionsregarding$reastmil.su$stitutesarethe+C-:,
and various WH& 'esolutions.4nder the/;++,,ection6/of
theConstitution"hichprovidesthat?@nAo treat% or international
agreement shall $e validandeBectiveunlessconcurredin$%at least
t"o8thirds of all the mem$ers of the ,enate.? !hus,treaties or
conventional international la"must gothrough a process prescri$ed
$% the Constitution forit to $e transformed into municipalla" that
can $eapplied to domestic conCicts./7!he +C-:, and WH&
'esolutions are not treaties asthe%havenot $eenconcurredin$%at
least t"o8thirds of all mem$ers of the ,enate as re#uired
under,ection 6/, &rticle >++ of the /;
