Prepared by: Obligado

ARTHUR D. LIM | VS. | EXECUTIVE SECRETARY AS ALTER EGO OF HER

EXCELLENCY GLORIA MACAPAGAL-ARROYO ISSUES:

PETITIONER: Arthur D. Lim 1. Whether or not the petition and the petition-in-inhibition of the joint military
RESPONDENTS: Executive Secretary as Alter Ego of Her Excellency GMA exercise should prosper.

SUMMARY: Pursuant to the Mutual Defense Treaty of the Republic of the
Philippines and United States of America, a joint military exercise shall be held in
Mindanao starting January 2002. In February 2002, Arthur D. Lim together with
Paulino Ersando filed a petition and a petition-in-intervention questioning the
constitutionality of the joint exercise. Both were dismissed emphasizing that the
joint military operations were merely for defense against war and not to
aggressively make war.
RULING:
The petition and the petition-in-intervention was dismissed without prejudice to the
filing of a new petition sufficient in form and substance in the proper Regional Trial
Court. The joint military operations are only for defense against war not to
aggressively make war. Respondents in the case at bar have not committed grave abuse
of discretion amounting to lack or excess of jurisdiction.

DOCTRINE: Doctrine of Incorporation

Equal standing of International Law and Municipal Law
The fact that International Law has been made as part of the law of the land does
not mean its supremacy over national law in the municipal sphere.

Doctrine of Incorporation – rules of International Law are given standing equal,

not superior, to national legislation.

FACTS:

1. Beginning January of year 2002, personnel from the armed forces of the
United States of America started arriving in Mindanao to take part, in
conjunction with the Philippine military, in "Balikatan 02-1." These so-called
"Balikatan" exercises are the largest combined training operations involving
Filipino and American troops. In theory, they are a simulation of joint
military maneuvers pursuant to the Mutual Defense Treaty, a bilateral
defense agreement entered by the Philippines and the United States.

2. On February 1, 2002, petitioners Arthur D. Lim and Paulino P. Ersando filed

this petition for certiorari and prohibition, attacking the constitutionality of
the joint exercise. They were joined subsequently by SANLAKAS and
PARTIDO NG MANGGAGAWA, both party-list organizations, who filed a
petition-in-intervention on February 11, 2002.

3. On February 7, 2002 the Senate conducted a hearing on the "Balikatan"

exercise wherein Vice-President Teofisto T. Guingona, Jr., who is
concurrently Secretary of Foreign Affairs, presented the Draft Terms of
Reference (TOR). Five days later, he approved the TOR.