c
 
  

 
 This is a petition seeking to nullify the Philippine ratification of the World Trade
Organization (WTO) Agreement. Petitioners question the concurrence of herein respondents
acting in their capacities as Senators via signing the said agreement.

The WTO opens access to foreign markets, especially its major trading partners, through the
reduction of tariffs on its exports, particularly agricultural and industrial products. Thus, provides
new opportunities for the service sector cost and uncertainty associated with exporting and more
investment in the country. These are the predicted benefits as reflected in the agreement and as
viewed by the signatory Senators, a ³free market´ espoused by WTO.

Petitioners on the other hand viewed the WTO agreement as one that limits, restricts and impair
Philippine economic sovereignty and legislative power. That the Filipino First policy of the
Constitution was taken for granted as it gives foreign trading intervention.

 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.

In its Declaration of Principles and state policies, the Constitution ³adopts 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 ³concept 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 self-destruction. 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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345.!

No. The SC ruled that the MOA-AD cannot be reconciled with the present Constitution and laws. Not only its specific provisions but
the very concept underlying them, namely, the

  

 envisioned between the GRP and the BJE, are unconstitutional, for the
concept presupposes that the associated entity is a state and implies that the same is on its way to independence, it said. Moreover, as the clause is
worded, it  (guarantees that the necessary amendments to the Constitution and the laws will eventually be put in place. 3  !"
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usurpation of the constituent powers 

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with that process. While the MOA-AD  
  
 



 
or unilateral declaration binding on the Philippines
under international law, respondents¶ act of guaranteeing amendments is, by itself, already a constitutional violation that renders the MOA-AD
fatally defective.

Justice Santiago said, among others, that the MOA-AD ³contains provisions which are repugnant to the Constitution and which will
result in the  

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(.´ She further said that had the MOA-AD been signed by
parties, ³would have bound the government to the creation of a separate Bangsamoro state having its own territory, government, civil institutions,
and armed forces«The

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In this case, The Court explained that the Presidential Adviser on the Peace Process committed grave abuse of discretion when he
failed to carry out the pertinent 

 
 

, as mandated by EO No. 3, RA 7160, and RA 8371.

EO No. 3 is replete with mechanics for continuing consultations on both national and local levels and for a principal forum for
consensus-building.

RA 7160 (the Local Government Code of 1991) requires all national offices to 
   

 

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  (, is implemented therein. The MOA-AD is one peculiar program that unequivocally and unilaterally vests ownership of a
vast territory to the Bangsamoro people, which could pervasively and drastically result to the diaspora or displacement of a great number of
inhabitants from their total environment.

RA 8371 (the Indigenous Peoples Rights Act of 1997) provides for clear-cut procedure for the recognition and delineation of ancestral
domain, which entails, among other things, the observance of the 
  
 


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