CONCEPT OF STATE

STATE
A community, more or less numerous,
permanently occupying a fixed territory,
possessing an organized government,
independent of external control, to which a
great body of inhabitants render habitual
obedience.
ELEMENTS OF STATE
1.) People
it refers to the entire body of those citizens
of a State or nation who are invested with
political power for political purposes.
2.) Territory
is a fixed are or surface if the earth where
the inhabitants of a State live and where they
maintain a government of their own. A
territory has three components, namely:

of islands separated by bodies of water,

should be treated as one integral unit, and
the waters inside the baseline are considered
internal waters.
ARCHIPELAGO is a group of islands,
including parts of islands, interconnecting
waters and other natural features which are
closely interrelated in such islands, waters
and other natural features, from an intrinsic
greographical, economic and political entity,
or which historically have been regarded as
such.
TERRITORIAL SEA
The belt of the sea located between the coast
and internal waters of the coastal state on the
other hand, and the high seas on the other,
extending up to 12 nautical miles from the
low water mark or in the case of the
archipelagic states, from the baselines.
INTERNAL WATERS

Terrestrial domain refers to the

area of the land which the State
occupies.

Fluvial or maritime domain refers

to the external internal waters.

Aerial domain refers to the air

space above the land and the waters.

ARCHIPELAGO DOCTRINE the

waters around between and connecting the
island of the archipelago, regardless of their
breadth and dimensions from part of the
internal waters of the Philippines. [2nd
sentence, Sec. 1, Art. 1]
-the articulates the archipelagic doctrine of
national territory, based on the principle that
an archipelago, which consists of a number
1 | Page

Covers all water and waterways on

the landward side of the baseline.
The coastal nation is free to set laws,
regulate any use, and use resource.
Foreign vessels have no right of
passage within internal waters.
Bodies of water within the land
mass, such as rivers, lakes, canals,
gulfs, bays and straits.
The UN Convention on the Law of
the Sea defines internal waters as all
the waters on the landward side of
the baselines of the territorial sea.

RIGHT OF INNOCENT PASSAGE

Vessels of all states enjoy the right of

innocent passage through the
territorial sea.

The passage must be continuous and

expeditious except in cases of force
majeur.
Submarines and underwater craft are
required to navigate on the surface
and to show their flag.

THERE IS NO RGHT OF
INNOCENT PASSAGE IN AIR
SPACE

International Convention on Civil

Aviation, December 07, 1944
States that the contracting parties
recognize that every state has
complete and exclusive sovereignty
over the air space above its territory
But this shall not include outer space,
which is considered as res communes
(things owned by no one and subject
to use by all).
Other states have no right of
innocent passage over the territory of
another state.

KAL FLIGHT 007

Civilian airline shot down by Soviet

Airforce on September 01, 1983,
over the Sea of Japan near Moneron
Island just west of Shakhalin Island.
All 269 passengers and crew aboard
were killed, including Lawrence
McDonald, sitting member of the US
Congress.
The aircraft was en route from New
York City to Seoul via Achorage,
Laska when it strayed into prohibited
Soviet airspace.

concluded between the United States and

Spain on December 10, 1898
The Treaty concluded at Washington,
between the United States and Spain on
November 07, 1900
The treaty concluded between the United
States and Great Britain on January 30, 1920
RA No. 5446 September 18, 1968
An Act to Amend Section One of the RA
No. 3046
Section 1. To correct typographical errors,
Section 1 of Republic Act 3046 is amended
Section 2. The definition of the baselines of
the territorial sea of the Philippine
Archipelago as provided in this Act is
without prejudice to the delineation of the
baselines of the territorial sea around the
territory of Sabah, situated in North Borneo,
over which the Republic of the Philippines
has acquired dominion and sovereignty.
RA No. 9522 March 10, 2009
Amended RA No. 3046 and RA No. 5446

BASE LINE LAW

Section 2 The baselines of the following

areas over which the Philippines exercises
sovereignty and jurisdiction shall be
determined as Regime of Islands under the
Republic of the Philippines consistent with
Article 121 of the UNCLOS:
a. The Kalayaan Island Group as
constituted under PD 1596
b. Bajo de Masinloc also known as
Scarborough Shoal

RA No. 3046 - June 17, 1961

REGIME OF ISLANDS

Based on Article 3 of the Treaty of Paris

2 | Page

Article 121, UNCLOS

December 10, 1982, Montego Bay, Jamaica

1. An island is a naturally formed area of
land, surrounded by water, which is above
water at high tide.
2. Except as provided in paragraph 3, the
territorial sea, the contiguous zone, the
exclusive economic zone, and the
continental shelf of an island are determined
in accordance with the provisions of this
Convention applicable to other land
territory.
3. Rocks which cannot sustain human
habitation or economic life of their own
shall have no exclusive economic zone or
continental shelf.

and the Scarborough Shoal are outside our

archipelagic baseline because if we put them
inside our baselines we might be accused of
violating the provision of international law
which states: The drawing of such baseline
shall not be depart to any appreciable extent
from the general configuration of the
archipelago." So sa loob n gating baseline,
dapat magkakalapit ang mga islands. Dahil
malayo ang Scarborough Shoal, hindi natin
masasabing malapit sila sa atin although we
are still allowed by international law to
claim them as our own.

ITLOS

Kalayaan is composed of only one barangay,

Pag- Asa

- The tribunal is composed of 21

independent members elected by secret
ballot by the States Parties to the
Convention.
- Each State Party may nominate up to two
candidates from among persons enjoying the
highest reputation for fairness and integrity
and of recognized competence in the field of
the law of the sea.
-Hamburg, Germany
MAGALLONA VS. ERMITA, AUGUST
16, 2011
The baseline cannot be drawn from the
boundaries of other portions of the
rectangular area delineated in the Treaty of
Paris, but from the outermost islands and
drying reefs of the archipelago.
The principal sponsor of RA 9522 in the
Senate, Senator Miriam Defensor Santiago,
took pains to emphasize the foregoing
during the deliberations:
What we call the Kalayaan Island Group
or what the rest of the world call the Spratlys
3 | Page

KALAYAAN ISLANDS

The island has a 1.3 km airstrip that is used

both by military and civilians.
It has a regulated civilian population of
about 350, most of whom are fishermen.
In 1947, Tomas Cloma, a Filipino adventurer
and a fishing magnate, discovered several
uninhabited and unoccupied group of
islands/islets in the vastness of the South
China Sea.
On May 11, 1956, together with 40 men,
Tomas Cloma and his brother Filemon took
formal possession of the islands, lying some
380 miles west of the southern end of
Palawan and named it Freedomland.
Four days later, on May 15, 1956, Cloma
issued and posted copies of his Notice to
the Whole World on each of the islands as
decisive manifestation of unwavering claim
over the territory.
Then on May 31, 1956, Tomas Cloma
declared the establishment of the Free
Territory of Freedomland, ten days after he

sent his second representation to the

Secretary of Foreign Affairs, informing the
latter that the territory claimed was named
Freedomland.
On July 06, 1956, Cloma declared to the
whole world his claim and the establishment
of a separate government for the Free
Territory of Freedomland with its capital on
Flat Island (Patag Island).
His declaration was met with violent and
unfriendly reactions from several
neighboring countries especially Taiwan
when on September 24, 1956 it effectively
garrisoned the nearby island of Itu Aba and
intercepted Clomas men and vessels found
within its immediate waters.
Unable to surmount the difficulties and
pressure, he ceded his claim to the
Philippines for one peso.
In March 1976, President Marcos issued the
Letter of Instruction No. 1-76 organizing the
Western Command based in Palawan in
response to the heightening conflict of
interest in the region and to abate any
untoward incident.
To further the claim of the Philippines, on
June 11, 1978,President Marcos, by virtue of
Presidential Decree No. 1596, formally
annexed the Kalayaan Islands creating a
distinct and separate Municipality known as
Kalayaan under the political jurisdiction
of the Province of Palawan, but under the
custody of the Department of National
Defense.
SCARBOROUGH SHOAL
Scarborough Shoal forms a triangle-shaped
chain of reefs and rocks or very small
islands 55 kilometers (34 miles) in

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circumference with a total area including

shallow water areas of 150 sq kilometers.
The shoal is about 123 miles (198kms) west
of Subic Bay. To the east of the shoal is
5000- 6000 meter deep Manila Trench. The
nearest landmass is Palauig, Zambales, 137
miles (220 kms) due east.
The name Scarborough Shoal was taken
after the East India company tea trade ship
Scarborough that hit the rocks on September
12, 1784 in which everyone on board
perished.
PHILIPPINE CLAIMS
The Philippines states that its assertion of
sovereignty over the shoal is based on the
juridical criteria established by public
international law on lawful methods for the
acquisition of sovereignty.
Among the criteria (effective occupation,
cession, prescription, conquest, and
accretion)
Presidential Decree No. 1596 issued on June
11, 1978 asserted that islands designated as
the Kalayaan Island Group and comprising
most of the Spratly Islands are subject to the
sovereignty of the Philippines.
The 1734 Carta hydrographica y
chorographica de las Islas Filipinas made
by Spanish Jesuit priest Pedro Murillo
Velarde, the map names the shoal Bajo de
Masinloc.
1774 map of the Philippine Islands depicting
Scraborough Shoal as Panacot Shoal
CHINESE CLAIM
The Peoples Republic of China and the
Republic of China (Taiwan) claim that
Chinese people discovered the shoal

centuries ago and that there is a long history

of Chinese fishing activity in the area.
1947 Map depicting Chinas territory in
South China Sea, by the Republic of Chinas
Ministry of the Interior
RP VS. PROC
On January 22, 2013, the Republic of the
Philippines instituted arbitral proceedings
against the Peoples Republic of China
under Annex VII to the United Nations
Convention on the Law of the Sea (the
Convention),with respect to the dispute
with China over the maritime jurisdiction of
the Philippines in the West Philippine Sea.
On February 19, 2013, China presented a
Note Verbale to the Philippines in which it
described the Position of China on the
South China Sea issue, rejected and
returned the Philippines Notification.
On March 30, 2013 the Philippines filed a
voluminous (4000-page) memorial to the
ITLOS.
On June 21, 2013, the President of the
International Tribunal for the Law of the
Sea, Judge Shunji Yanai, appointed Mr.
Thomas A. Mensah (Ghana) as arbitrator
and president in the arbrital proceedings
instituted by the Republic of the Philippines
against the Peoples Republic of China
under Annex VII to the United Nations
Convention on the Law of the Sea on
January 22, 2013.

Professor Alfred H.A. Soons (Netherlands)

The Permanent Court of Arbitration (PCA)
at The Hague, Netherlands, released on
October 29, 2015rejected Chinas strongest
argument against the Philippines.
It ruled that the tribunal has the right to hear
the Philippines cases.
HISTORIC RIGHTS AND NINE-DASH
LINE
China had historic rights to resources in the
waters of the South China Sea, such rights
were extinguished to the extent they were
incompatible with the exclusive economic
zones provided for in the Convention.
There was no evidence that China has
historically exercised exclusive control over
the waters or their resources.
The tribunal concluded that there were no
legal bases for China to claim historic rights
to resources within the sea areas falling
within the nine-dash line.
STATUS OF FEATURES
The reefs have been heavily modified by
land reclamation and construction, recalled
that the Convention classifies features on
their natural condition, and relied on
historical materials in evaluating the
features.
The Spratly Islands cannot generate
maritime zones collectively as a unit.

The Arbitral Tribunal in Philippines vs.

China, Judge Jean-Pierre Cot (France),
Judge Stansislaw Pawiak (Poland), Judge
Thomas A. Mensah (President, Ghana),
Judge Rdiger Wolfrum (Germany),

5 | Page

Having found that none of the features

claimed by China was capable of generating
an exclusive economic zone, it could
without delimiting a boundary declare that
certain sea areas are within the exclusive

economic zone of the Philippines, because

those areas are not overlapped by any
possible entitlement of China.
LAWFULNESS OF CHINESE ACTIONS
Certain areas are within the exclusive
economic zone of the Philippines, the
Tribunal found that China had violated the
Philippines sovereign rights in its exclusive
economic zone by:
a. interfering with Philippine fishing and
petroleum exploration;
b. constructing artificial islands; and
c. failing to prevent Chinese fishermen from
fishing in the zone.
The Tribunal also held that fishermen from
the Philippines (like those from China) had
traditional fishing rights at Scarborough
Shoal and that China had interfered with
these rights in restricting access.
The Tribunal further held that Chinese law
enforcement vessels had unlawfully created
risk of collision when they physically
obstructed Philippine vessels.
HARM TO ENVIRONMENT
China had caused severe harm to the coral
reef environment and violated its obligation
to preserve and protect fragile ecosystems
and the habitat of depleted, threatened or
endangered species.
Chinese authorities were aware that Chinese
fishermen have harvested endangered sea
turtles, coral and giant clams on a substantial
scale in South China Sea (using methods
that inflict severe damage on the coral reef
environment) and had not fulfilled their
obligations to stop such activities

6 | Page

AGGRAVATION OF DISPUTE
It lacked jurisdiction to consider the
implications of a stand- off between
Philippine marines and Chinese naval and
law enforcement vessels at Second Thomas
Shoal, holding that this dispute involved
military activities and was therefore
excluded from compulsory settlement.
3.) Government
The agency or instrumentality through
which the will of the State is formulated,
expressed, and realized.
FUNCTIONS OF GOVERNMENT
Constituent- which are mandatory of the
Government to perform because they
constitute the very bonds of society, such as
the maintenance of peace and order,
regulation of property and proper rights, the
administration of justice and etc.
Ministrant- which are functions intended to
promote the welfare, progress and prosperity
of the people and which the merely optional
for Government to perform.
Forms of Government
1.) Monarchy - the supreme authority is in
the hands of a one person only; how he got
into power or how long his tenure would be
does not matter

Absolute monarchy - the power of

the monarch is based on divine right

Limited monarchy - the power of the

monarch is based on the constitution

2.) Aristocrat - the ruling power is in the

hands of a few privileged class.

Oligarchy a government in which

control is exercised by a small group
of individuals whose authority is
generally is based on wealth or
power.

3.) Democracy - the power is in the hands of

the people

Direct or pure democracy - the

power is directly exercised by the
people through assembly or mass
meeting.

Indirect, representative or
republican - the power is exercised
by a group of persons chosen by the
people to act as their representatives.

4.) Other Forms

Parliamentary government there is

fusion of both executive and
legislative powers in Parliament,
although the actual exercise of the
executive powers is vested in a
Prime Minister who is chosen by and
accountable to Parliament.
Presidential government - the
separation of executive and
legislative powers (the first lodged in
the President, while the second is
vested in congress.
De Jure - government is an
organized government of a State
which has the general support of its
people.
De Facto government is
characterized by the fact that is not
founded upon the exercising
constitutional law of the State.

7 | Page

Unitary a single, centralized

government, exercising the powers
over both the internal and external
affairs of the State.
-the control of national and local
affairs is under the cenrtral or
national government.

Federal consists of autonomous

State (local) government units
merged into a single State, with the
national government exercising a
limited degree of power over the
domestic affairs but generally full
direction of the external affairs of the
State.
-the power of the government are
divided between two sets of organs,
one for national and the other for
local affairs, each organ being
supreme within its own sphere.

DOCTRINE OF PARENTS PATRIAE

Literally, parents of the people. The
Government may act as guardian of the
rights of people who may be
disadvantage or are suffering from some
disability or misfortune.
Government of the Philippine Islands vs
Monte de Piedad
G.R. No. 9959
35 PH 728, 751-753
December 13, 1916
FACTS: On June 3, 1863, a devastating
earthquake in the Philippines took place.
The Spanish dominions provided $400,000
aid as received by the National Treasury as
relief of the victims of the earthquake. The
government used the money as such but
$80,000 was left untouched and was thus
invested to Monte de Piedad bank, which

was in turn invested as jewelries, equivalent

to the same amount.
In June 1983, the Department of Finance
called upon the same bank to return the
$80,000 deposited from before. The Monte
de Piedad declined to comply with this order
on the ground that the Governor-General of
the Philippine Islands and not the
Department of Finance had the right to order
the reimbursement because the Philippine
government is not the affected party. On
account of various petitions of the persons,
the Philippine Islands brought a suit against
Monte de Piedad for a recovery of the
$80,000 together with interest, for the
benefit of those persons and their heirs.
Respondent refuse to provide the money,
hence, this appeal.
ISSUE: Whether or not the Philippine
government is authorized to file a
reimbursement of the money of the people
deposited in respondent bank.
HELD: The Court held that the Philippine
government is competent to file a
complaint/reimbursement against respondent
bank in accordance to the Doctrine of
Parens Patriae. The government is the sole
protector of the rights of the people thus, it
holds an inherent supreme power to enforce
laws which promote public interest. The
government has the right to "take back" the
money intended fro people. The
government has the right to enforce all
charities of public nature, by virtue of its
general superintending authority over the
public interests, where no other person is
entrusted with it.
Appellate court decision was affirmed.
Petition was thereby GRANTED. The Court
ordered that respondent bank return the
amount to the rightful heirs with interest in
gold or coin in Philippine peso.

8 | Page

EDCA: Rene A.V. Saguisag, et al., v. Exec.

Sec. Paquito Ochoa, et al.
FACTS:
The Enhanced Defense Cooperation
Agreement (EDCA) is an executive
agreement that gives U.S. troops, planes and
ships increased rotational presence in
Philippine military bases and allows the U.S.
to build facilities to store fuel and equipment
there. It was signed against the backdrop of
the Philippines' maritime dispute with China
over the West Philippine Sea.
The US embassy and DFA exchanged
diplomatic notes confirming all necessary
requirements for the agreement to take force.
The agreement was signed on April 2014.
President Benigno Aquino III ratified the
same on June 2014. It was not submitted to
Congress on the understanding that to do so
was no longer necessary.
Petitions for Certiorari were filed before the
Supreme Court assailing the
constitutionality of the agreement. Herein
petitioners now contend that it should have
been concurred by the senate as it is not an
executive agreement. The Senate issued
Senate Resolution No. 105 expressing a
strong sense that in order for EDCA to be
valid and binding, it must first be
transmitted to the Senate for deliberation
and concurrence.
ISSUE: Whether or not the EDCA
between the Philippines and the U.S. is
constitutional.

RULING:
YES. The EDCA is an executive agreement
and does not need the Senate's concurrence.
As an executive agreement, it remains
consistent with existing laws and treaties
that it purports to implement.
Petitioners contend that the EDCA must be
in the form of a treaty duly concurred by
Senate. They hinge their argument under the
following Constitutional provisions:

Sec. 21, Art. VII: No treaty or

international agreement shall be
valid and effective unless concurred
in by at least 2/3rds of all the
Members of the Senate.
Section 25, Article XVIII: xxx
Military Bases, foreign military
bases, troops, or facilities shall not
be allowed in the Philippines except
under a treaty duly concurred in by
the Senate xxx

The President, however, may enter into an

executive agreement on foreign military
bases, troops, or facilities, if (a) it is not the
instrument that allows the presence of
foreign military bases, troops, or facilities;
or (b) it merely aims to implement an
existing law or treaty
In Commissioner of Customs v. Eastern Sea
Trading: Executive Agreements
are defined as international agreements
embodying adjustments of detail carrying
out well-established national policies and
traditions and those involving arrangements
of a more or less temporary nature.
Treaties are formal documents which require
ratification with the approval of two-thirds
of the Senate. The right of the Executive to
enter into binding agreements without the

9 | Page

necessity of subsequent Congressional

approval has been confirmed by long usage.
The Visiting Forces Agreement a treaty
ratified by the Senate in 1999 already
allowed the return of US troops. EDCA is
consistent with the content, purpose, and
framework of the Mutual Defense Treaty
and the VFA. The practice of resorting to
executive agreements in adjusting the details
of a law or a treaty that already deals with
the presence of foreign military forces is not
at all unusual in this jurisdiction.
In order to keep the peace in its archipelago
and to sustain itself at the same time against
the destructive forces of nature, the
Philippines will need friends. Who they are,
and what form the friendships will take, are
for the President to decide. The only
restriction is what the Constitution itself
expressly prohibits. EDCA is not
constitutionally infirm. As an executive
agreement, it remains consistent with
existing laws and treaties that it purports to
implement.
Petition is DISMISSED.
4.) Sovereignty
the supreme power in a State by which that
State is governed, or the supreme, the
absolute, uncontrollable power by which the
State is governed.
EFFECTS OF CHANGE IN
SOVERIGNTY
-Political laws are abrogated; municipal laws
remain in force.
Macariola vs Asuncion

Facts:
On August 6, 1968 Bernardita Macariola
filed an administrative complaint against
Judge Asuncion of CFI Leyte (now CA
Justice) with "acts unbecoming a judge.
The complaint stemmed from a partition
case filed by the Reyes siblings against
Macariola concerning properties left by the
deceased Francisco Reyes, the common
father of the parties. Judge Asuncion, before
whom the case was filed, issued the partition
order. The decision order became final and
the property was partitioned. One of the
properties in the partition was Lot 1184
which was subdivided into five lots
denominated as Lot 1184-A to 1184-E. Lot
1184-E was sold to Dr. Arcadio Galapon.
Less than a year later, Dr. Galapon and his
wife sold a portion of Lot 1184-E to Judge
Asuncion and his wife, Victoria S. Asuncion.
Subsequently, spouses Asuncion and spouses
Galapon conveyed their respective interest
in Lot 1184-E to The Traders Manufacturing
and Fishing Industries Inc., (Traders) of
which Judge Asuncion is the President and
his wife is the secretary. Bernardita
Macariola alleges that Judge Asuncion
violated (a) Article 1491(5) of the New Civil
Code in acquiring by purchase a portion of
the property involved in a case decided by
him; (b) the Anti-Graft and Corrupt
Practices Act, the Civil Service Rules, and
Canon 25 of the Canons of Judicial Ethics,
by associating himself with Traders as a
stockholder and a ranking officer while he
was a judge.
Issue:
1.) Whether or not Judge Asuncion violated
Article 1491 paragraph 5 of The New Civil
Code?
Held:
10 | P a g e

There was no violation of paragraph 5,

Article 1491 of the New Civil Code. The
prohibition in the said Article applies only to
the sale or assignment of the property which
is the subject of litigation to the persons
disqualified therein. For the prohibition to
operate, the sale or assignment of the
property must take place during the
pendency of the litigation involving the
property.
When Judge Asuncion purchased the
subject property, the decision was already
final because none of the parties filed an
appeal within the prescribed period; hence,
the lot in question was no longer subject of
the litigation. Furthermore, the judge did not
buy the lot directly from the plaintiffs in the
case but from Dr. Galapon who earlier
purchased the same from plaintiffs after the
finality of the decision.
EFFECTS OF BELLIGERENT
OCCUPATION
- No change in sovereignty. However,
political laws, except the law on treason, are
suspended municipal laws remain in force
unless repealed by the belligerent occupant.
At the end of the belligerent occupation,
when the occupant is ousted from the
territory, the political laws which had been
suspended during the occupation shall
automatically become effective again, under
the doctrine of jus postliminium.
Jus postliminium - A doctrine or fiction of
the law by which the restoration of a person
to auy status or right formerly possessed by
him was considered as relating back to the
time of his original loss or deprivation.
-when a foreign power occupies a state and
exercises the power of government, the
political laws of the said State are deemed

automatically suspended but the former

automatically comes to life and will be in
force and in effect upon the re-establishment
of the former government.
Dominium -refers to the capacity to own
or acquire property, including lands held by
the State in its proprietary capacity.
Imperium -is the authority possessed by the
State embraced in the concept
of sovereignty.
BAYAN VS ZAMORA
FACTS
On March 14, 1947, the Philippines (RP)
and the United States of America (US)
forged a Military Bases Agreement which
formalized the use of installations in the
Philippine territory by United States military
personnel.
The RP-US Military Bases Agreement
expired in 1991 without having been
renewed. Notwithstanding, the defense and
security relationship between the Philippines
and the US continued pursuant to a Mutual
Defense Treaty entered into on August 30,
1951.
In 1997, negotiations began between the RP
and US for a Visiting Forces Agreement
(VFA). President Ramos approved the VFA,
which was respectively signed by Foreign
Affairs Secretary Siazon and US
Ambassador Thomas Hubbard on February
10, 1998.
Subsequently, President Estrada ratified the
VFA and officially transmitted to the Senate
of the Philippines the Instrument of
Ratification for concurrence pursuant to
Section 21, Article VII of the 1987
Constitution. The Senate, in turn, referred
the VFA to its Committee on Foreign
11 | P a g e

Relations and Committee on National

Defense and Security for joint hearing.
Thereafter, Senate Resolution No. 443 was
approved by the Senate by a two-thirds (2/3)
vote of its members. It became re-numbered
as Senate Resolution No. 18.
On June 1, 1999, the VFA officially entered
into force after an Exchange of Notes
between Foreign Affairs Secretary Siazon
and US Ambassador Hubbard.
The VFA provides for the mechanism for
regulating the circumstances and conditions
under which US Armed Forces and defense
personnel may be present in the Philippines.
Petitioners - as legislators, nongovernmental organizations, citizens and
taxpayers - assail the constitutionality of the
VFA and impute grave abuse of discretion in
the ratification of the agreement.
ISSUE: Is the VFA governed by the
provisions of Section 21, Art VII or of
Section 25, Article XVIII of the
Constitution?
HELD:
Section 25, Article XVIII, which specifically
deals with treaties involving foreign military
bases, troops or facilities should apply in the
instant case. To a certain extent and in a
limited sense, however, the provisions of
section 21, Article VII will find applicability
with regard to the issue and for the sole
purpose of determining the number of votes
required to obtain the valid concurrence of
the senate.
The Constitution, makes no distinction
between transient and permanent. We
find nothing in section 25, Article XVIII that
requires foreign troops or facilities to be

stationed or placed permanently in the

Philippines.
It is inconsequential whether the United
States treats the VFA only as an executive
agreement because, under international law,
an executive agreement is as binding as a
treaty.
Tanada vs. Angara (1997) G.R. No.
118295 | 1997-05-02
FACTS
Secretary Navarro of the Department of
Trade and Industry, representing the
Philippines, signed the Final Act Embodying
the Results of the Uruguay Round of
Multilateral Negotiations. As a result, the
Philippines agreed to submit the World
Trade organization (WTO) Agreement for
approval with the authorities of the country
and adoption of the same. The President of
the Philippines certified the necessity of the
immediate adoption a resolution for the
ratification of the WTO.
On December 14, 1994, the Philippine
Senate adopted Resolution No. 97, thereby
concurring in the ratification by the
President of the WTO Agreement.
Petitioners filed this petition, questioning the
constitutionality of the ratification by the
Senate. Petitioners allege that the WTO
Agreement contravenes the mandate of the
1987 Constitution, specifically Art, 11 Sec
19, and Art 12, sec 10. They contended that
the agreement places nationals and products
of member countries on the same footing as
Filipinos and local products in contravention
of the Filipino First Policy.
Issue : Whether or not there has been a grave
abuse of discretion amounting to lack or
excess of jurisdiction on the part of the
Senate in giving its concurrence of the said
WTO agreement.
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Held:
In its Declaration of Principles and state
policies, 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. By the doctrine of
incorporation, the country is bound by
generally accepted principles of
international law, which are considered
automatically part of our own laws. Pacta
sunt servanda international agreements
must be performed in good faith. A treaty is
not a mere moral obligation but creates a
legally binding obligation on the parties.
Through WTO the sovereignty of the state
cannot in fact and reality be considered as
absolute because it is a regulation of
commercial relations among nations. Such
as when Philippines joined the United
Nations (UN) it consented to restrict its
sovereignty right under the concept of
sovereignty as autolimitation. What Senate
did was a valid exercise of authority. As to
determine whether such exercise is wise,
beneficial or viable is outside the realm of
judicial inquiry and review. The act of
signing the said agreement is not a
legislative restriction as WTO allows
withdrawal of membership should this be
the political desire of a member. Also, it
should not be viewed as a limitation of
economic sovereignty. WTO remains as the
only viable structure for multilateral trading
and the veritable forum for the development
of international trade law. Its alternative is
isolation, stagnation if not economic selfdestruction. Thus, the people be allowed,
through their duly elected officers, make
their free choice.
Petition is DISMISSED for lack of merit.

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