Академический Документы
Профессиональный Документы
Культура Документы
Executive Secretary
(2002)
G.R. No. 151445
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 especially Sec. 2, 7 and 8 of Article 2: Declaration of Principles and State Policies in this
case. The Constitution also regulates the foreign relations powers of the Chief Executive when it
provides that "[n]o treaty or international agreement shall be valid and effective unless concurred in
by at least two-thirds of all the members of the Senate." Even more pointedly Sec. 25 on Transitory
Provisions which shows antipathy towards foreign military presence in the country, or of foreign
influence in general. Hence, foreign troops are allowed entry into the Philippines only by way of
direct exception.
International Law vs. Fundamental Law and Municipal Laws
Conflict arises then between the fundamental law and our obligations arising from international
agreements.
Philip Morris, Inc. v. Court of Appeals: Withal, the fact that international law has been made part of
the law of the land does not by any means imply the primacy of international law over national law in
the municipal sphere. Under the doctrine of incorporation as applied in most countries, rules of
international law are given a standing equal, not superior, to national legislation.
From the perspective of public international law, a treaty is favored over municipal law pursuant to
the principle of pacta sunt servanda. Hence, "[e]very treaty in force is binding upon the parties to it
and must be performed by them in good faith." Further, a party to a treaty is not allowed to "invoke
the provisions of its internal law as justification for its failure to perform a treaty."
Our Constitution espouses the opposing view as stated in section 5 of Article VIII: The Supreme
Court shall have the following powers: xxx
(2) Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or the Rules of Court
may provide, final judgments and order of lower courts in:
(A) All cases in which the constitutionality or validity of any treaty, international or executive
agreement, law, presidential decree, proclamation, order, instruction, ordinance, or regulation is in
question.
Ichong v. Hernandez: provisions of a treaty are always subject to qualification or amendment by a
subsequent law, or that it is subject to the police power of the State
Gonzales v. Hechanova: our Constitution authorizes the nullification of a treaty, not only when it
conflicts with the fundamental law, but, also, when it runs counter to an act of Congress.
The foregoing premises leave us no doubt that US forces are prohibited / from engaging in an
offensive war on Philippine territory.
Labels: 2002, G.R. No. 151445 April 11, international law, jurisprudence, Lim v. Executive
Secretary,nterpretation of treaties, pil, pila, public international law, public international
law case digest