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Constitutional Law Tolentino Digest
Constitutional Law Tolentino Digest
FACTS:
The Constitutional Convention of 1971
approved Organic Resolution No. 1 which
amended the age qualification for the exercise
of suffrage from 21 to 18.
President Diosdado Macapagal then sent a
letter to COMELEC calling upon the
commission to help the Convention implement
the said resolution.
On 20 September 1971, COMELEC then
"RESOLVED to inform the Constitutional
Convention that it will hold the plebiscite on
condition that:
a) The Constitutional Convention will
undertake the printing of separate
official ballots, election returns and tally
sheets for the use of said plebiscite at
its expense;
b) The Constitutional Convention will adopt
its own security measures for the
printing and shipment of said ballots and
election forms; and
c) Said official ballots and election forms
will be delivered to the Commission in
time so that they could be distributed at
the same time that the Commission will
distribute its official and sample ballots
to be used in the elections on November
8, 1971.
To implement the Resolution, the President
issued an order forming an Ad Hoc Committee.
Implementing guidelines were issued and
approved by the President who then
transmitted the same to COMELEC. On 7
October 1971, The Convention approved a
resolution calling for a recess of the
Convention from 1 November 1971 to 9
November 1971 to permit the delegates to
campaign for the ratification of Organic
Resolution No. 1. On 12 October 1971, the
Convention passed Resolution No. 24
confirming the authority of the President of the
Constitution to implement Organic Resolution
No. 1, including the creation of the Ad Hoc
Committee ratifying all acts performed in
connection with said implementation.
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FACTS:
The United States panel met with the
Philippine panel to discussed, among others,
the possible elements of the Visiting Forces
Agreement (VFA). This resulted to a series of
conferences
and
negotiations
which
culminated on January 12 and 13, 1998.
Thereafter, President Fidel Ramos approved
the VFA, which was respectively signed by
Foreign Affairs Secretary Siazon and United
States Ambassador Thomas Hubbard.
On 5 October 1998 Pres. Estrada through Sec.
of Foreign Affairs ratified the VFA. Senate
approved it by 2/3 votes on 27 May 1989. On 1
June 1999, the VFA officially entered into force.
On the whole, the VFA is an agreement which
defines the treatment of United States troops
and personnel visiting the Philippines. It
provides for the guidelines to govern such
visits of military personnel, and further defines
the rights of the United States and the
Philippine government in the matter of criminal
jurisdiction, movement of vessel and aircraft,
importation and exportation of equipment,
materials and supplies.
Petitioners: Section 25, Article XVIII is
applicable considering that the VFA has for its
subject the presence of foreign military troops
in the Philippines.
Respondents: Section 21, Article VII should
apply inasmuch as the VFA is not a basing
arrangement but an agreement which involves
merely the temporary visits of United States
personnel engaged in joint military exercises.
ISSUE:
1. Is the VFA governed by the provision of
Section 21, Article VII or of Section 25,
Article XVII of the Constitution?
- Section 25, Article XVIII, which
specifically deals with treaties
involving foreign military bases,
troops, or facilities, should apply in
the instant case.
- To a certain extent and in a limited
sense, however, the provisions of
section 21, Article VII will find
applicability with regard to the issue