LIM v.

EXECUTIVE SECRETARY
G.R. No. 151445, April 11, 2002
De Leon, Jr., J.:

FACTS

The armed forces of the United States of America started arriving in Mindanao in 2002
to take part in the “Balikatan 02-1”. “Balikatan 02-01” or “Balikatan” exercises are the
largest combined training operations involving Filipino and American Troops. They are
simulation of joint military maneuvers pursuant to the Mutual Defense Treaty (MDT), a
bilateral defense agreement entered into by the Philippines and the United States in
1951.

The reason of these exercises was based on the international anti-terrorism campaign
declared by President Bush after the September 11, 2001 attacked where three
commercial aircrafts destroyed the twin towers and pentagon building.

Lim filed a suit in his capacity as citizen, questioning the validity of the Balikatan.
According to him, the MDT would only be invoked when either party of the treaty are
being attacked by external forces which the other party is obligated to provide military
support. In this case, there is no external attack and Abu Sayyaf Group (ASG) cannot be
considered external forces that warrant American Troops to enter the Philippine
Territory.

The solicitor general argued that the petitioner has no legal personality to file the suit
because he was not affected by the exercises and its basis merely on speculation. The
main purpose of the suit is only to obtain interpretation of the VFA.

ISSUE

Whether or not the “Balitakan 02-1” is covered by the Visiting Forces Agreement?

RULING

Yes.

The VFA gives legitimacy to the current Balikatan exercises. 'Balikatan 02-1," a "mutual
anti- terrorism advising, assisting and training exercise," falls under the umbrella of
sanctioned or allowable activities in the context of the agreement. Both the history and
intent of the Mutual Defense Treaty and the VFA support the conclusion that combat-
related  activities -as opposed to combat itself -such as the one subject of the instant
petition, are indeed authorized.
In the same manner, both the Mutual Defense Treaty and the Visiting Forces
Agreement, as in all other treaties and international agreements to which the
Philippines is a party, must be read in the context of the 1987 Constitution. In particular,
the Mutual Defense Treaty was concluded way before the present Charter, though it
nevertheless remains in effect as a valid source of international obligation. The present
Constitution contains key provisions useful in determining the extent to which foreign
military troops are allowed in Philippine territory.