TAÑADA VS ANGARA

Doctrine of Incorporation

Issue: Does the WTO agreement unconstitutionally infringe on the Congress’ ability to
create, amend and repeal laws, given that legislative power was vested in the Congress
(Section 1, Article VI)?

Facts:
- DTI Secretary Navarro signed the Final Act during the Uruguay Round of
Multilateral Negotiations which obligated the Philippines to:
o Submit the WTO Agreement for the consideration and approval of the
appropriate authorities
o Adopt the Ministerial Declarations and Decisions, and the Understanding
on Commitments in Financial Services
- As of the WTO Agreement, “each Member shall ensure the conformity of its
laws, regulations and administrative procedures with its obligations as provided
in the annexed Agreements”
o Annexed agreements (also known as Multilateral Trade Agreements)
include:
 Multilateral Agreement on trade in Goods
 General Agreement on Trade in Service and Annexes
 Agreement on Trade-Related Aspects of Intellectual Property
Rights
 Understanding on Rules and Procedures and Procedures
Governing the Settlements of Disputes

Held: No, the WTO agreement does not unconstitutionally infringe on the Congress’
ability to create, amend and repeal laws, as stated in Section 1, Article VI of the 1987
Constitution

Ratio:
- As of Article 2, Section 2, the Constitution “adopts the generally accepted
principles of international law as part of the law of the land, and adheres to the
policy of peace, equality, justice, freedom, cooperation and amity, with all
nations”
- When the PH joined the United Nations, it gave up part of Congress’ power to
appropriate funds to different things, as the PH was obligated to contribute to
the UN Emergency Force and peacekeeping missions
- The PH also entered several international pacts that limited the Philippines’
sovereignty (for example, in terms of taxation and visas)