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The relationship of Public International Law and Municipal Law are governed
by two theories. The Monist Theory states that there is no difference
between the two laws, however if there is a perceived conflict, there must an
effort to harmonize the two. On the other hand, the Dualist Theory posits
that there is a dichotomy of the two laws.
1 SECRETARY OF JUSTICE, petitioner, vs. HON. RALPH C. LANTION, Presiding Judge, Regional Trial Court of Manila, Branch 25, and
MARK B. JIMENEZ, respondents. [G.R. No. 139465. January 18, 2000]
It is said that a treaty cannot be valid if it infringes the Constitution,
that there are limits, therefore, to the treaty-making power, and that
one such limit is that what an act of Congress could not do unaided, in
derogation of the powers reserved to the States, a treaty cannot do.2
6 Pharmaceutical v. DOH
Where there is no treaty and no controlling executive or legislative act
or judicial decision, resort must be had to the customs and usages of
civilized nations, and, as evidence of these, to the works of jurists and
commentators, not for the speculations of their authors concerning
what the law ought to be, but for trustworthy evidence of what the law
really is.7