Arthur lim et al, vs Executive Secretary

FACTS: Pursuant to the Visiting Forces Agreement (VFA) signed in 1999, personnel from
the armed forces of the United States of America started arriving in Mindanao to take
partin "Balikatan 02-1” on January 2002. The Balikatan 02-1 exercises involves the
simulation of joint military maneuvers pursuant to the Mutual Defense Treaty, a bilateral
defense agreement entered into by the Philippines and the United States in 1951.
The exercise is rooted from the international anti-terrorism campaign declared by
President George W. Bush in reaction to the 3 commercial aircrafts hijacking that smashed
into twin towers of the World Trade Center in New York City and the Pentagon building in
Washington, D.C. allegedly by the al-Qaeda headed by the Osama bin Laden that occurred
on September 11, 2001.
Arthur D. Lim and Paulino P. Ersando as citizens, lawyers and taxpayers filed a petition for
certiorari and prohibition attacking the constitutionality of the joint exercise. Partylists
Sanlakas and Partido Ng Manggagawa as residents of Zamboanga and Sulu directly affected
by the operations filed a petition-in-intervention.
The Solicitor General commented the prematurity of the action as it is based only on a fear
of future violation of the Terms of Reference and impropriety of availing of certiorari to
ascertain a question of fact specifically interpretation of the VFA whether it is covers
"Balikatan 02-1” and no question of constitutionality is involved. Moreover, there is lack of
locus standi since it does not involve tax spending and there is no proof of direct personal
injury.
Issue:
(1) Whether or not the “Balikatan 02-1” is covered by the VFA.
(2) Whether or not the VFA is constitutional
Ruling:
1.YES. The Vienna Convention under the Law of Treaties, Article 31 and 32, entails that the
cardinal rule of interpretation must involve an examination of the text, which is presumed
to verbalize the parties’ intentions. The Terms of Reference rightly fall within the context of
the VFA.
After studied reflection, it appeared farfetched that the ambiguity surrounding the meaning
of the word “activities” arose from accident. In our view, it was deliberately made that way
to give both parties a certain leeway in negotiation. In this manner, visiting US forces may
sojourn in Philippine territory for purposes other than military. As conceived, the joint
exercises may include training on new techniques of patrol and surveillance to protect the
nation’s marine resources, sea search-and-rescue operations to assist vessels in distress,
disaster relief operations, civic action projects such as the building of school houses,
medical and humanitarian missions, and the like.