Professional Documents
Culture Documents
Issues:
- With the expiration of the RP-US Military Bases W/N balikatan is included in VFA
Agreement, VFA approved (ramos), ratified RULING: Yes
(estrada), approved (Senate) - Ambiguity of the word 'activities": it was
- VFA (9 articles) provides for the mechanism for deliberately made that way to give both parties
regulating the circumstances and conditions under leeway in negotiation.
which US Armed Forces and defense personnel may - Visiting US forces may sojourn in Philippine
be present in the Philippines territory for purposes other than military. The joint
- Petitioners: legislators, non-governmental exercises may include training on new techniques of
organizations, citizens and taxpayers - assail the patrol and surveillance, sea search-and-rescue
constitutionality of the VFA operations, disaster relief operations, civic action
Issues: projects such as the building of school houses,
W/N deprives court jurisdiction, unconstitutional, medical and humanitarian missions, and the like.
grave abuse of discretion - 'Balikatan 02-1," a "mutual anti- terrorism advising,
RULING: No assisting and training exercise," falls under the
- Section 25, Article XVIII: "After the expiration in umbrella of allowable activities in the context of the
1991 of the Agreement between the Philippines and agreement.
USA concerning Military Bases, foreign military bases - Both the history and intent of the Mutual Defense
hall not be allowed in the Philippines except under a Treaty and the VFA support the conclusion that
(1) treaty, (2)duly concurred in by the senate and, combat-related activities -as opposed to combat
when the Congress so requires, ratified by a majority itself are indeed authorized.
of the votes cast by the people in a national
referendum held for that purpose, and (3) PIMENTEL V EXEC SEC
recognized as a treaty by the other contracting - Petition for mandamus to compel Office of the
State." Executive Secretary and the DFA to transmit the
- ”recognized as a treaty" means that the other signed (twas signed) copy of the Rome Statute of the
contracting party accepts or acknowledges the International Criminal Court to the Senate of the
agreement as a treaty. Records reveal that US Philippines for its concurrence
government has fully committed to living up to the - The Rome Statute established the International
terms of the VFA Criminal Court which has jurisdiction over persons
- power to enter into treaties or international for the most serious crimes of international concern
agreements, the Constitution vests it in the (genocide, war crimes)
President, subject only to the concurrence of at - Petitioners submit that the Philippines has a
least two-thirds vote of all the members of the ministerial duty to ratify the Rome Statute under
Senate. treaty law
- Treaty-concurring power of the Senate (a form of RULING: No
checks and balances) - In the realm of treaty-making, the President has
the sole authority to negotiate with other states.
The Pres is the country’s sole representative with
LIM V EXEC SECRETARY foreign nations subject to concurrence of Senate ⅔
- "Balikatan 02-1 joint training operations involving (as checks and balance)
Filipino and American troops pursuant to the Mutual - Signing of the treaty and the ratification are two
Defense Treaty, a bilateral defense agreement bw separate steps in treaty-making process. Signature is
PH and US 1951 (reaffirmed by VFA) intended as means of authenticating the instrument.
- Petition for certiorari: writ of injunction and - It is within the authority of the President to refuse
prohibition against the deployment of U.S. troops in to submit a treaty to the Senate, which cannot be
Basilan and Mindanao for being illegal and in encroached by this Court via a writ of mandamus.
violation of the Constitution
CONSTANTINO VS CUISIA - The fundamental principle of international law of
- Foreign debts (buyback programs and pacta sunt servanda, that “any treaty or
bond-conversion programs) were incurred by international or executive agreement affecting the
respondents (alter ego) subject matter of this Act to which the Philippine
- Pet: buyback and bond-conversion schemes are government is a signatory shall be observed,”
onerous and they do not constitute the loan - DPWH, as the executing agency of the projects
“contract” or “guarantee” contemplated in Sec. 20, financed by Loan Agreement rightfully awarded the
Art. 7 of the Constitution contract for the project to private respondent China
- P: the power to incur foreign debts is expressly Road & Bridge Corporation
reserved by the Constitution in the person of the
President “alone and personally” PHARMACEUTICAL V DOH (DUQUE)
RULING: - Pres Aquino issued EO 51 or The Milk Code by virtue
- president has borrowing powers and may contract of her legislative powers under Consti
or guarantee foreign loans in behalf of this country - World Health Assembly adopted several resolutions
w/ prior concurrence of the Monetary Board. It to the effect that breastfeeding should be promoted
makes no distinction whatsoever and the fact that a and protected. It should be ensured that nutrition
debt or a loan may be onerous is irrelevant. and health claims are not permitted for breastmilk
- the president can delegate this power to her direct substitutes.
subordinates - DOH imposes a ban on all advertisements of breastmilk
- There are certain constitutional powers which must substitutes thru its RIRR of EO 51
be exercised by the President in person such as - Petitioner assails the RIRR for going beyond the
declaring martial law. The list is not exclusive, but provisions of TMC thereby amending and expanding
there must be a showing that the power in question the coverage of the said law
is of similar gravitas and exceptional import. Issue: W/N unconstitutional?
- The evident exigency of having the Secretary of RULING: RIRR No Reso Yes
Finance implement the decision of the President to - The International Code of Marketing of Breastmilk
execute the debt-relief contracts is manifest by the Substituttes (ICMBS) and Word Health Assembly
fact that executing a strategy for managing the (WSA) are not treaty. Howver, ICMBS has been
government’s debt is within the expertise of the transformed into domestic law through local
Department of Finance legislation that is TMC.
- For an international rule to be considered
ABAYA V EBDANE customary law, it must be established that such rule
- Based on exchange notes the govt of Japan and is followed by states because it is considered
Philippines, thru representatives have reached an obligatory (opinio juris).
understanding concerning Japanese loans to be - Respondents have not presented any evidence to
extended to the Philippines prove that the WHA Resolutions are in fact enforced
- Contract was awarded to private respondent China or practice by member states. WHA Resolutions have
Road & Bridge Corporation for the implementation of been viewed to constitute “soft law” or non-binding
civil works norms, which influence state behavior. Legislation is
Issue: necessary to transform the WHA resolutions into
W/N a treaty domestic law.
RULING: Yes
- an exchange of notes is considered a form of an BAYAN MUNA V ROMULO
executive agreement. Executive agreements - via Exchange of Notes with the US GOVT, the RP,
sometimes take the form of exchange of notes and represented by the DFA Secretary, finalized a
at other times that of more formal documents non-surrender agreement which aimed to protect
denominated “agreements” or “protocols” persons from harassment suits that might be brought
against them in international tribunals
Issue: W/N Unconstitutional
RULING: No
- An “exchange of notes” is a record of a routine
agreement, that has many similarities with the
private law contract. The agreement consists of the
exchange of two documents, each of the parties
being in the possession of the one signed by the
representative of the other.
- Exchange of notes is considered a form of
executive agreement that becomes binding through
executive action.
- Executive agreements may be validly entered into
without such concurrence. As the President wields
vast powers and influence, her conduct in the
external affairs of the nation is, "executive
altogether."
CHINA NATIONAL MACHINERY V SANTA MARIA
- China National Machinery & Equipment Corp.
entered into a Memorandum of Understanding with
the North Luzon Railways Corporation (Northrail) for
the conduct of a feasibility study on the Northrail
Project (railway line)
- EXport Bank of China and the Department of
Finance PH entered into a MOU, wherein China
agreed to extend Preferential Buyer’s Credit to the
Philippine government to finance the Northrail
Project
Issue: W/N Executive Agreement, such that it cannot
be questioned before a local court
RULING: No
- To be considered an executive agreement, the
following three requisites provided under the Vienna
Convention must nevertheless concur: (a) the
agreement must be between states; (b) it must be
written; and (c) it must governed by international
law. The first and the third requisites do not obtain
in the case at bar.
- (a) The Agreement was concluded bw Northrail
(govt owned corp) and CNMEG (corp), they entered
into the Agreement as entities with personalities
distinct and separate from the Philippine and
Chinese governments
- (b) The Agreement explicitly provides that
Philippine law shall be applicable, thus not governed
by international law.
- It is merely an ordinary commercial contract that
can be questioned before the local courts