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Bayan v Executive Secretary!

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G.R. No.138570 | Oct 10, 2000!
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FACTS!
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HELD / RATIO!
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March 14, 1947 - RP and US forged a Military


Bases Agreement which formalized the use of
installations in PH territory by US military
personnel!

1. NO. Petitioners failed to establish that they will


receive direct injury from the questioned
agreements, and that there will be an illegal
disbursement of public funds.!

Aug 30, 1951 - RP and US entered into a Mutual


Defense Treaty where parties agreed to respond
to any attack on their territory, armed forces, public
vessels and aircraft!

*However, in view of the paramount


importance of constitutional significance of the
issues, the Court brushes aside the
procedural barrier and takes cognizance of
the petitions.!

1991 - RP-US Military Bases Agreement expired;


defines and security relations continued pursuant
to MDT!
Sept 16, 1991 - PH Senate rejected the extension
of US military bases (RP-US Treaty of Friendship,
Cooperation and Security)!
July 18, 1991 - RP and US discussed Visiting
Forces Agreement; eventually approved by Pres.
Ramos; signed by DFA Sec. Siazon and US
Ambassador Thomas Hubbard!

Oct 5, 1998 - Pres. Estrada, through DFA Sec.


Siazon, ratified the VFA; approved by Senate by
2/3 vote of all its members!

1. WON the petitioners have standing to bring the


suit!

2. WON the applicable provision to the VFA is Sec


21, Art VII (as opposed to Sec 25, Art XVIII)!

3. WON requirements in Sec 25, Art XVIII were


complied with!
4. WON there has been a grave abuse of
discretion by the President in ratifying the VFA!

2. NO. Sec 25, Art XVIII should apply. Sec 21, Art
VII is a general provision dealing with treatise or
international agreements needing 2/3 concurring
vote of the Senate; Sec 25, Art XVIII is a special
provision applying to treaties involving the
presence of military bases, troops, or facilities in
the PH.!

*lex specialis derogat generali - the special


provision should always prevail over the
general one!

*VFA - provides for the mechanism for


regulating the circumstances and conditions
under which US Armed Forces and defines
personnel may be present in the PH!

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June 1, 1999 - VFA officially entered into force!
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ISSUE(S)!
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3.

*Sec 25, Art XVIII should apply also because


foreign military bases, troops, or facilities is
taken not as a whole but as separate entities
(incorrect argument: VFA covers merely
foreign troops and not bases)!
YES. !
Requirements of Sec 25, Art XVIII:!
agreement under a treaty!
treaty duly recognized by Senate (and if
required by Congress, get majority votes
through national referendum)!
recognized as a treaty by the other
contracting state!
-First two requirements undisputedly met,!
-Third requirement also met (Recognized as a
treaty means the contracting party accepts or
acknowledges the agreement as a treaty. It is
inconsequential if the US treats it as an
executive agreement because, under
international law, an executive agreement is
as binding as a treaty.)!

4. NO. The President acted within the confines and


limits vested in him by the Constitution, and as
the sole organ and authority in external affairs of
the country.

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