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Vinuya v.

GR 162230 April 28, 2010
This is an original Petition for Certiorari with an application for the issuance of a writ
of preliminary mandatory injunction against the Office of the Executive Secretary,
the Secretary of DFA and the OSG.
Petitioners are all members of the MALAYA LOLAS, an organization established for
the purpose of providing aid to the victims of rape by Japanese military forces in
the Philippines during the Second World War.
Petitioners claim that since 1998, they have approached the Executive Department
through the DOJ, DFA and OSG, requesting assistance in filing a claim against the
Japanese officials and military officers who ordered the establishment of the
comfort women stations in the Philippines. However, officials of the Executive
Department declined to assist them and took the position that the individual
claims of the comfort women for compensation had already been fully satisfied by
Japans compliance with the Peace Treaty between the Philippines and Japan.
WON respondents can be compelled to espouse their claims for official apology and
other forms of reparations against Japan before the International Court of Justice
and other international tribunals.
NO. The authority for foreign relations matter is vested by the constitution to the
political branches of the government and not to the courts. Petitioners cannot
assail the said determination by the Executive Department via the instant petition
for certiorari.
It is well established that the conduct of foreign relations of our government is
committed by the Constitution to the executive and legislative - the political departments of the government, and propriety of what may be done in the
exercise of this political power is not subject to judicial inquiry or decision
In this case, the Executive Department has already decided that it is to the best
interest of the country to waive all claims of its nationals for reparations against
Japan in the Treaty of Peace of 1951. The wisdom of such decision is not for the
courts to question.