Philippines

Declaration:

“THAT it is the understanding of the Government of the Republic of the Philippines that its accession to and the implementation of the Paris Agreement shall in no way constitute a renunciation of rights under any local and international laws or treaties, including those concerning State responsibility for loss and damage associated with the adverse effects of climate change;
THAT, the accession to and implementation of the Paris Agreement by the Republic of the Philippines is for the purpose of supporting the country's national development objectives and priorities such as sustainable industrial development, the eradication of poverty and provision of basic needs, and securing social and climate justice and energy security for all its citizens.”

“In accordance with Part V, Article 24 of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, the Republic of the Philippines hereby declares the postponement of the implementation of its obligations under Part III of the Optional Protocol, specifically Article 11 (1)(a) on the visitations by the Subcommittee on Prevention to places referred to in Article 4 and for them to make recommendations to States Parties concerning the protection of persons deprived of their liberty against torture and other cruel, inhuman or degrading treatment or punishment.”

Declaration:

"1. The minimum age for voluntary recruitment into the Armed Forces of the Philippines is 18 years, except for training purposes whose duration shall have the students/cadets/trainees attain the majority age at the completion date;
2. There is no compulsory, forced or coerced recruitment into the Armed Forces of the Philippines; and,
3. Recruitment is exclusively on a voluntary basis."

Declaration:

"... , in ratifying the Convention, the Philippines has to declare, as it hereby declares, that in the application of the Convention the following treaties to which it is not yet a party shall be deemed not included in the annex:
(a) Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, supplementary to the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation;
(b) Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation;
(c) Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms located on the Continental Shelf;
(d) International Convention for the Suppression of Terrorist Bombings.
... , this declaration shall cease to have effect upon entry into force of the said treaties with respect to the Philippines."
25 June 2004

".....pursuant to Article 2 (a) of the International Convention on the Financing of Terrorism, the Philippine Government has become State Party to the following international instruments:
1. Protocol on the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, entered into force for [the Republic of the Philippines] on 16 January 2004 ([Republic of Philippines] ratification deposited with the ICAO on 17 December 2003);
2. International Convention for the Suppression of Terrorist Bombings, entered into force for [the Republic of the Philippines] on 06 February 2004 ([Republic of the Philippines] ratification deposited with the UN Secretary-General on 07 January 2004);
3. Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation, entered into force for [the Republic of the Philippines] on 05 April 2004 ( [Republic of the Philippines] ratification deposited with the IMO on 06 January 2004); and
4. Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf, entered into force for [the Republic of the Philippines] on 05 April 2004 ( [Republic of the Philippines] ratification deposited with the IMO on 06 January 2004).

Understanding made upon signature and confirmed upon ratification:

"1. The signing of the Convention by the Government of the Republic of the Philippines shall not in any manner impair or prejudice the sovereign rights of the Republic of the Philippines under and arising from the Constitution of the Philippines;
2. Such signing shall not in any manner affect the sovereign rights of the Republic of the Philippines as successor of the United States of America, under and arising out of the Treaty of Paris between Spain and the United States of America of December 10, 1898, and the Treaty of Washington between the United States of America and Great Britain of January 2, 1930;
3. Such signing shall not diminish or in any manner affect the rights and obligations of the contracting parties under the Mutual Defense Treaty between the Philippines and the United States of America of August 30, 1951, and its related interpretative instruments; nor those under any other pertinent bilateral or multilateral treaty or agreement to which the Philippines is a party;
4. Such signing shall not in any manner impair or prejudice the sovereignty of the Republic of the Philippines over any territory over which it exercises sovereign authority, such as the Kalayaan Islands, and the waters appurtenant thereto;
5. The Convention shall not be construed as amending in any manner any pertinent laws and Presidential Decrees or Proclamations of the Republic of the Philippines; the Government of the Republic of the Philippines maintains and reserves the right and authority to make any amendments to such laws, decrees or proclamations pursuant to the provisions of the Philippine Constitution;
6. The provisions of the Convention on archipelagic passage through sea lanes do not nullify or impair the sovereignty of the Philippines as an archipelagic state over the sea lanes and do not deprive it of authority to enact legislation to protect its sovereignty, independence, and security;
7. The concept of archipelagic waters is similar to the concept of internal waters under the Constitution of the Philippines, and removes straits connecting these waters with the economic zone or high sea from the rights of foreign vessels to transit passage for international navigation;
8. The agreement of the Republic of the Philippines to the submission for peaceful resolution, under any of the procedures provided in the Convention, of disputes under Article 298 shall not be considered as a derogation of Philippine sovereignty."

"The Government of the Philippines declares that it retains for itself and its political subdivisions the right to tax salaries and emoluments paid by the Bank to citizens or nationals of the Philippines."

"The Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages was adopted for the purpose, among other things, of insuring to all persons complete freedom in the choice of a spouse. The first paragraph of Article 1 of the Convention requires that the full and free consent of both parties shall be expressed in the presence of the competent authority and of witnesses.
"Considering the provisions of its Civil Code, the Philippines, in ratifying this Convention interprets the second paragraph of Article 1 (which authorizes, in exceptional cases, the solemnization of marriage by proxy) as not imposing upon the Philippines the obligation to allow within its territory the celebration of proxy marriages or marriages of the kind contemplated in that paragraph, where such manner of marriage is not authorized by the laws of the Philippines. Rather, the solemnization within Philippine territory of a marriage in the absence of one of the parties under the conditions stated in said paragraph will be permitted only if so allowed by Philippine law."

Upon signature:

Reservation

"The Philippine delegation signs ad referendum this Con-vention with the reservation that it does so on the basis of reciprocity."
Declaration

"The Philippines will apply the Convention to the recognition and enforcement of awards made only in the territory of another contracting State pursuant to Article I, paragraph 3 of the Convention."
Declaration made upon ratification: "The Philippines, on the basis of reciprocity, will apply the Convention to the recognition and enforcement of awards made only in the territory of another Contracting State and only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under the national law of the State making such declaration."

Upon signature:

"(a) As regards Article 17, paragraph 1, granting stateless persons the right to engage in wage-earning employment, [the Government of the Philippines] finds that this provision conflicts with the Philippine Immigration Act of 1940, as amended, which classifies as excludable aliens under Section 29 those coming to the Philippines to perform unskilled labour, and permits the admission of pre-arranged employees under Section 9 (g) only when there are no persons in the Philippines willing and competent to perform the labour or service for which the admission of aliens is desired.
"(b) As regards Article 31, paragraph 1, to the effect that `the Contracting States shall not expel a stateless person lawfully in their territory, save on grounds of national security or public order', this provision would unduly restrict the power of the Philippine Government to deport undesirable aliens under Section 37 of the same Immigration Act which states the various grounds upon which aliens may be deported.
"Upon signing the Convention [the Philippine Government], therefore hereby [registers] its non-conformity to the provisions of Article 17, paragraph 1, and Article 31, paragraph 1, thereof, for the reasons stated in (a) and (b) above."

"Subject to a declaration made in accordance with paragraph 1 of article 2 of this Convention, excluding annex 1 from its application of the Convention."

"l. With reference to article IV of the Convention, the Philippine Government cannot sanction any situation which would subject its Head of State, who is not a ruler, to conditions less favorable than those accorded other Heads of State, whether constitutionally responsible rulers or not. The Philippine Government does not consider said article, therefore, as overriding the existing immunities from judicial processes guaranteed certain public officials by the Constitution of the Philippines.
"2. With reference to article VII of the Convention, the Philippine Government does not undertake to give effect to said article until the Congress of the Philippines has enacted the necessary legislation defining and punishing the crime of genocide, which legislation, under the Constitution of the Philippines, cannot have any retroactive effect.
"3. With reference to articles VI and IX of the Convention, the Philippine Government takes the position that nothing contained in said articles shall be construed as depriving Philippine courts of jurisdiction over all cases of genocide committed within Philippine territory save only in those cases where the Philippine Government consents to have the decision of the Philippine courts reviewed by either of the international tribunals referred to in said articles. With further reference to article IX of the Convention, the Philippine Government does not consider said article to extend the concept of State responsibility beyond that recognized by the generally accepted principles of international law."