Tanada v. Angara May 2, 1997 Ponente: Panganiban, J.

Nature: Petition for certiorari, prohibition and mandamus under Rule 65 of the Rules of Court Facts: Sec. Rizalino Navarro (DTI Secretary) representing the Philippines government, signed the Final Act Embodying the Result of the Uruguay Round of Multilateral Negotiations, which created the World Trade Organization. By signing such act, the Philippines agreed to adopt the ministerial declarations and decisions of the WTO, and to submit the WTO agreement for the consideration and approval President Ramos sent two letters to the Philippine Senate, stating that the Uruguay Rounds Final Act is submitted for its concurrence pursuant to sec. 21 Article VII of the constitution. The Senate adopted resolution no. 97, wherein the Senate concurred in the ratification of the President. -The petition was filed seeking to nullify the act of the Philippine Senate, arguing inter alia that: o o Issues 1. WON the act of the Phil. Senate contravenes the Constitution? NO 2. WON it limits, impairs and restricts the exercise of legislative power by congress (specifically the power to tax)? NO Held & Ratio 1. NO, it does not contravene the constitution The Petitioners cited the WTO agreement place nationals and products of member countries on the same footing as Filipinos and local products. They It contravenes sec. 10 Art. II and sec. 12 Article XII of the Constitution The WTO proviso derogates from the power to tax, which is lodged in the Congress

argue that this is in contravention with the Filipino First Policy of the Constitution. See sec. 10 Art. II and sec. 12 Article XII of the Constitution. First, these provisions are not self-executing. These are merely statements of principles and policies. A law should be passed by congress to clearly define and effectuate such principles. The reason for denying this a cause of action are sourced from basic considerations of due process and the lack of judicial authority to wade into uncharted ocean of social and economic policy making the said provisions should be read and understood in relation to the other section, especially sec 1 and sec 13. Hence, the Constitution ordains the ideals of economic nationalism, but it also takes into account the realities of the outside world. It did not intend to pursue an isolationist policy. It did not shut out foreign investments, goods and services in the development of the Phil. Economy. In fact, it allowed the exchange on the basis of equality and reciprocity, frowning only on foreign competition which is unfair

2. NO, it does not limit the power of congress. The WTO agreement provides that each member shall ensure the conformity of its laws, regulations and administrative procedure. By their nature, treaties really limit or restrict the absoluteness of sovereignty. But by their voluntary acts, nations may surrender some aspects of their state power in exchange for greater benefits granted by or derived from a convention or pact. Certain restrictions include: o Limitations imposed by the very nature of membership in the family of nations. Limitations imposed by treaty stipulations.

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Doctrine of incorporation. The constitution states that it adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equity, justice, freedom, cooperation and amity.

Disposition: Dismissed for lack of merit. Vote: EB, Narvasa, C.J., Regalado, Davide, Jr., Romero, Bellosillo, Melo, Puno, Kapunan, Mendoza, Francisco, Hermosisima, Jr., and Torres, Jr., JJ., concur. Padilla, and Vitug, JJ., in the result.