Summary:

This is a petition for the issuance of a writ of Kalikasan with prayer for the issuance of a Temporary
Environmental Protection Order under r 7 of AM No 09-6-8-SC, otherwise known as the Rules of
Procedure for Environmental Cases, involving violations of environmental laws and regulations in
relation to the grounding of the US military ship USS Guardian over the Tubbataha reefs, a UNESCO
World Heritage Site.

Held: Although the petitioners have legal standing to file the present petition, it is not appropriate for
the Court to exercise its jurisdiction over the US respondents in their official capacity. Petition denied.

UNCLOS is a multilateral treaty which was opened for signature on 10 December 1982 at Montego Bay,
Jamaica. It was ratified by the Philippines in 1984 but came into force on 16 November 1994 upon the
submission of the 60th ratification. Warships enjoy sovereign immunity under UNCLOS subject to the
exceptions set out in in arts 30, 31 and 32. The fact that the US is not a Member State of UNCLOS does
not mean that the US will disregard the rights of the Philippines as a Coastal State over its internal
waters and territorial sea. We thus expect the US to bear 'international responsibility' under art 31 in
connection with the USS Guardian grounding which adversely affected the Tubbataha reefs. Indeed, it is
difficult to imagine that our long-time ally and trading partner, which has been actively supporting the
country's efforts to preserve our vital marine resources, would shirk from its obligation to compensate
the damage caused by its warship while transiting our internal waters. Much less can we comprehend a
Government exercising leadership in international affairs, unwilling to comply with the UNCLOS directive
for all nations to co-operate in the global task to protect and preserve the marine environment, as
provided for in art 197 of UNCLOS.

The relevance of UNCLOS provisions to the present controversy is beyond dispute. Although the treaty
upholds the immunity of warships from the jurisdiction of Coastal States while navigating the latter's
territorial sea, flag States shall be required to leave the territorial sea immediately if they flout the laws
and regulations of the Coastal State, and they will be liable for damage caused by their warships or any
other government vessel operated for non-commercial purposes under art 31.

In terms of remedies for the grounding, the Court defers to the Executive Branch on the matter of
compensation and rehabilitation measures through diplomatic channels. Resolution of these issues
impinges on our relations with another State in the context of common security interests under the
Visiting Forces Agreement between the US and Philippines governments. It is settled that '[t]he conduct
of the foreign relations of our government is committed by the Constitution to the executive and
legislative' - the 'political' - departments of the government, and the propriety of what may be done in
the exercise of this political power is not subject to judicial inquiry or decision.
Parties:

Pedro D Arigo, Deogracias S Iniguez Jr, Frances Q Quimpo, Clemente G Bautista Jr, Kalikasan-PNE, Maria
Carolina P Araullo, Renato M Reyes Jr, Bagong Alyansang Makabayan, Neri Javier Colmenares, Bayan
Muna Partylist, Roland G Simbulan, Junk VF A Movement, Teresita R Perez, Raymond V Palatino,
Kabataan Party-list, Peter SJ Gonzales, Pamalakaya, Giovanni A Tapang, Agham, Elmer C Labog, Kilusang
Mayo Uno, Joan May E Salvador, Gabriela, Jose Enrique A Africa, Theresa A Concepcion, Mary Joan A
Guan, Nestor T Baguinon, A Edsel F Tupaz, Scott H Swift, Mark A Rice, Benigno S Aquino III, Albert F Del
Rosario, Paquito Ochoa Jr, Voltaire T Gazmin, Ramon Jesus P Paje, Jose Luis M Alano, Rodolfo D Iso
Rena, Enrico Efren Evangelista, Virgilio O Domingo, Terry G Robling, the USS Guardian

Neutral Citation:

Arigo v Swift, GR No 206510

Date:

16/09/2014

Tribunal:

Supreme Court, Manila (En Banc)

Judges:

Maria Lourdes P A Sereno CJ, Martin S Villarama Jr, Antonio T Carpio, Presbitero J Velasco Jr, Teresita J
Leonardo-de Castro, Arturo D Brion, Diosdado M Peralta, Lucas P Bersamin, Mariano C del Castillo, Jose
Portugal Perez, Jose Catral Mendoza (on official leave), Bienvenido l Reyes, Estela M Perlas-Bernabe,
Marvic MVF Leonen, Francis H Jardeleza (no part) AJJ

Keywords:

Law of the sea, foreign state immunity, warships, civil and criminal liability, separation of powers