BAYAN (Bagong Alyansang Makabayan) vs. EXECUTIVE SECRETARY RONALDO AMORA !.R. No. "#$%&' O*ob+, "'- ''' BUENA- J.
7. On 6$ne 1, 1999, 1999, the :A officially entered into force after after an <+change of >otes >otes %et"een %et"een responden respondentt Secretary Secretary Sia#on and United States States Am%assador ;$%%ard. ;$%%ard. &he :A, "hich "hich consists of a Pream%le and and nine 9! 9! Arti Articl cles es,, propro-id ides es for for the the mech mechan anis ism m for for reg$ reg$la lati ting ng the the circ$mst circ$mstances ances and condition conditions s $nder $nder "hich "hich US Armed orces orces and defense personnel may %e present in the Philippines
Alyssa Cabalang
/ACTS0 1. On March 14, 1947, the Philippines Philippines and the United United States of America America forged forged a Military Military Bases Agreement Agreement MBA! "hich formali#ed, formali#ed, among others, the $se of installations in the Philippine territory %y United States military personnel. &he Philippines and the United States entered into a M$t$al 'efense &reaty on A$g$st (), 19*1. Under the treaty, the parties agreed to respond to any e+ternal armed attac on their territory, armed forces, p$%lic -essels, and aircraft. . /n -ie" of the impendi impending ng e+pirati e+piration on of the 0PUS 0PUS Milita Military ry Bases Bases Agreement in 1991, the Philippines Philippines and the United States negotiated negotiated for a possi%le e+tension of the military %ases agreement. (. On Septem%er Septem%er 12, 1991, the Philippin Philippine e Senate re3ected re3ected the proposed proposed 0PUS &reaty of riendship, 5ooperation and Sec$rity "hich, in effect, "o$ld "o$ld ha-e ha-e e+ten e+tended ded the presen presence ce of US milita military ry %ases %ases in the Philippines. 4. On 6$ly 1, 1997, the United United States States panel, panel, headed headed %y US 'efense 'efense 'ep$ty Assistant Secretary for Asia Pacific 8$rt 5amp%ell, met "ith the Philippin Philippine e panel, panel, headed headed %y oreign oreign Affairs Affairs Undersec Undersecretar retary y 0odolfo 0odolfo Se-erino Se-erino 6r., 6r., to e+change e+change notes on the complementin complementing g strategic strategic interests of the United States and the Philippines in the AsiaPacific region. *. Both sides disc$ssed, disc$ssed, among other other things, the possi%le elements elements of the :isiting orces Agreement :A for %re-ity!. &his in t$rn res$lted to a final series of conferences and negotiations that c$lminated in Manila on 6an$ary 1 and 1(, 199. &hereafter, then President idel :. 0amos appro-ed the :A, "hich "as respecti-ely signed %y Secretary Sia#on and Unites States Am%assador &homas ;$%%ard. 2. On Octo%er *, 199, President President 6oseph <.
. &hese &hese consolida consolidated ted petition petitions s for certiorar certiorarii and prohi%ition, prohi%ition, petitione petitioners rs as legislators, nongo-ernmental organi#ations, organi#ations, citi#ens and ta+payers assail the constit$tionality of the :A and imp$te to herein respondents gra-e a%$se of discretion in ratifying the agreement. ISSUES0 (1IL R+la*+2) A. 'o petitioners ha-e legal standing as concerned citi#ens, ta+payers, or legislators to ?$estion the constit$tionality of the :A@ B. /s the :A go-erned go-erned %y the pro-ision pro-isions s of Section 1, Articl Article e :// or of Section *, Article :/// of the 5onstit$tion@ RULING:
A. Do 3+*4 3+*4*4 *4on on+, +,s s 5av+ 5av+ l+ga l+gall s*an s*an24 24ng ng as on on+, +,n+ n+2 2 4*4 4*46+ 6+ns ns-*a73ay+,s *a73ay+,s-- o, l+g4sla*o, l+g4sla*o,s s *o 89+s*4on 89+s*4on *5+ ons*4*9*4 ons*4*9*4onal4 onal4*y *y o: *5+ V/A; >O. /n the case %efore $s, petitioners failed to sho", to the satisfaction of this 5o$rt, that they ha-e s$stained, or are in danger of s$staining any direct in3$ry as a res$lt of the enforcement of the :A. A party %ringing a s$it challenging the constit$tionality of a la", act, or stat$te m$st sho" not only that the la" is in-alid, %$t also that he has s$stained or in is in immediate, or immin imminent ent danger danger of s$stai s$stainin ning g some some direct direct in3$ry in3$ry as a res$lt res$lt of its enforcement, and not merely that he s$ffers there%y in some indefinite "ay. ;e m$st sho" that he has %een, or is a%o$t to %e, denied some right or pri-ilege to "hich he is la"f$lly entitled, or that he is a%o$t to %e s$%3ected to some %$rdens or penalties %y reason of the stat$te complained of. As ta+payers, petitioners ha-e not esta%lished that the :A in-ol-es the e+ercise %y 5ongress of its ta+ing or spending po"ers. 1* On this point, it %ears %ears stress stressing ing that a ta+pay ta+payers ers s$it refers refers to a case case "here "here the act complain complained ed of directly directly in-ol-es in-ol-es the illegal illegal dis%$rsem dis%$rsement ent of p$%lic p$%lic f$nds deri-ed deri-ed from ta+ation. ta+ation. 5learly 5learly,, inasm$ch inasm$ch as no p$%lic p$%lic f$nds raised %y ta+ation are in-ol-ed in this case, and in the a%sence of any allegation %y petitione petitioners rs that p$%lic f$nds are %eing misspent misspent or illegally illegally e+pended, e+pended, petitioners, as ta+payers, ha-e no legal standing to assail the legality of the :A.
B. Is *5+ V/A gov+,n+2 by *5+ 3,ov4s4ons o: S+*4on "- A,*4l+ VII o, o: S+*4on %- A,*4l+ XVIII o: *5+ Cons*4*9*4on; Section 21, Article VII: No treaty or international agreement shall be valid and effective unless concurred in by at least twothirds of all the !embers of the Senate" Section 2#, Article $VIII: After the e%&iration in 1''1 of the Agreement between the (e&ublic of the )hili&&ines and the *nited States of America concerning !ilitary +ases, foreign military bases, troo&s, or facilities shall not be allowed in the )hili&&ines e%ce&t under a treaty duly concurred in by the senate and, when the Congress so reuires, ratified by a ma-ority of the votes cast by the &eo&le in a national referendum held for that &ur&ose, and recogni.ed as a treaty by the other contracting State
Section 1, Article :// deals "ith treatise or international agreements in general, in "hich case, the conc$rrence of at least t"othirds C(! of all the Mem%ers of the Senate is re?$ired to mae the s$%3ect treaty, or international agreement, -alid and %inding on the part of the Philippines. /n contrast, Section *, Article :/// is a special pro-ision that applies to treaties "hich in-ol-e the presence of foreign military %ases, troops or facilities in the Philippines. Under this pro-ision, the conc$rrence of the Senate is only one of the re?$isites to render compliance "ith the constit$tional re?$irements and to consider the agreement %inding on the Philippines. &he S$preme 5o$rt r$led that the fact that the President referred the :A to the Senate $nder Section 1, Article ://, and that the Senate e+tended its conc$rrence $nder the same pro-ision, is immaterial. or in either case, "hether $nder Section 1, Article :// or Section *, Article :///, the f$ndamental la" is crystalline that the conc$rrence of the Senate is mandatory to comply "ith the strict constit$tional re?$irements. Undo$%tedly, Section *, Article :///, "hich specifically deals "ith treaties in-ol-ing foreign military %ases, troops, or facilities, sho$ld apply in the instant case. Section *, Article :/// disallo"s foreign military %ases, troops, or facilities in the co$ntry, $nless the follo"ing conditions are s$fficiently met, vi.: a! it m$st %e $nder a *,+a*yD %! the treaty m$st %e 29ly on9,,+2 4n by *5+ S+na*+ and, "hen so re?$ired %y congress, ratified %y a ma3ority of the -otes cast %y the people in a national referend$mD and c! ,+ogn46+2 as a *,+a*y %y the other contracting state. &here is no disp$te as to the presence of the first t"o re?$isites in the case of the :A. &he conc$rrence handed %y the Senate thro$gh 0esol$tion >o. 1.
&his 5o$rt is of the firm -ie" that the phrase "recognized as a that the other contracting party accepts treaty" means or acknowledges the agreement as a treaty. &o re?$ire the other contracting state, the United States of America in this case, to s$%mit the :A to the United States Senate for conc$rrence p$rs$ant to its 5onstit$tion, is to accord strict meaning to the phrase./t is inconse?$ential "hether the United States treats the :A only as an e+ec$ti-e agreement %eca$se, $nder international la", an e+ec$ti-e agreement is as %inding as a treaty. &o %e s$re, as long as the :A possesses the elements of an agreement $nder international la", the said agreement is to %e taen e?$ally as a treaty. A treaty, as defined %y the :ienna 5on-ention on the Ea" of &reaties, is an international instr$ment concl$ded %et"een States in "ritten form and go-erned %y international la", "hether em%odied in a single instr$ment or in t"o or more related instr$ments, and "hate-er its partic$lar designation. &h$s, in international la", there is no difference %et"een treaties and e+ec$ti-e agreements in their %inding effect $pon states concerned, as long as the negotiating f$nctionaries ha-e remained "ithin their po"ers. /nternational la" contin$es to mae no distinction %et"een treaties and e+ec$ti-e agreementsF they are e?$ally %inding o%ligations $pon nations. Gorth stressing too, is that the ratification, %y the President, of the :A and the conc$rrence of the Senate sho$ld %e taen as a clear an $ne?$i-ocal e+pression of o$r nations consent to %e %o$nd %y said treaty, "ith the concomitant d$ty to $phold the o%ligations and responsi%ilities em%odied there$nder. Gith the ratification of the :A, "hich is e?$i-alent to final acceptance, and "ith the e+change of notes %et"een the Philippines and the United States of America, it no" %ecomes o%ligatory and inc$m%ent on o$r part, $nder the principles of international la", to %e %o$nd %y the terms of the agreement. <=ERE/ORE, in light of the foregoing dis?$isitions, the instant petitions are here%y '/SM/SS<'.
