1.

GONZALES VS HECHANOVA

FACTS:

he may not, by executive agreement, enter into a transaction

Hence the petition.

which is prohibited by statutes enacted prior thereto.

The OSG denied the allegations in par X and XI of the

petition with regard to the unconstitutionality and undue

Exec. Secretary Hechanova authorised the importation of

foreign rice to be purchased from private sources. Gonzales
filed a petition opposing the said implementation because
RA No. 3542 which allegedly repeals or amends RA No.
2207, prohibits the importation of rice and corn "by the Rice
and Corn Administration or any other government agency."
Respondents alleged that the importation permitted in RA
2207 is to be authorized by the President of the Philippines,
and by or on behalf of the Government of the Philippines.
They add that after enjoining the Rice and Corn

Under the Constitution, the main function of the Executive is

delegation of police power to such acts.

to enforce laws enacted by Congress. He may not interfere

The Philippines was also a member of the 1968 Vienna

in the performance of the legislative powers of the latter,

convention of UN on road signs as a regulation. To the

except in the exercise of his veto power. He may not defeat

petitioner, this was still an unlawful delegation of police

legislative enactments that have acquired the status of law,

power.

by indirectly repealing the same through an executive

agreement providing for the performance of the very act

Issue:

prohibited by said laws.

Is the LOI constitutional? If it is, is it a valid delegation of

Categories: Constitutional Law 1, G.R. No. L-21897

police power?

administration and any other government agency from

Held: Yes on both. Petition dismissed.

importing rice and corn, S. 10 of RA 3542 indicates that only

private parties may import rice under its provisions. They
2.

contended that the government has already constitute valid

AGUSTIN V. EDU

Ratio:
Police power, according to the case of Edu v Ericta, which

executive agreements with Vietnam and Burma, that in case

FACTS:

of conflict between RA 2207 and 3542, the latter should

cited J. Taney, is nothing more or less than the power of

government inherent in every sovereignty.

prevail and the conflict be resolved under the American

Leovillo Agustin, the owner of a Beetle, challenged the

The case also says that police power is state authority to

constitutionality of Letter of Instruction 229 and its

enact legislation that may interfere with personal liberty or

ISSUE:

implementing order No. 1 issued by LTO Commissioner

property to promote the general welfare.

W/N the executive agreements may be validated in our

Romeo Edu. His car already had warning lights and did not

Primicias v Fulgoso- It is the power to describe regulations to

courts.

want to use this.

promote the health, morals, peace, education, good order,

The letter was promulgation for the requirement of an early

and general welfare of the people.

RULING:

warning device installed on a vehicle to

J. Carazo- government limitations to protect constitutional

No. The Court is not satisfied that the status of said tracts as

reduce accidentsbetween moving vehicles and parked cars.

rights did not also intend to enable a citizen to obstruct

alleged executive agreements has been sufficiently

The LTO was the issuer of the device at the rate of not more

unreasonable the enactment of measures calculated to

established. Even assuming that said contracts may properly

than 15% of the acquisition cost.

insure communal peace.

considered as executive agreements, the same are unlawful,

The triangular reflector plates were set when the car parked

There was no factual foundation on petitioner to refute

as well as null and void, from a constitutional viewpoint, said

on any street or highway for 30 minutes. It was mandatory.

validity.

agreements being inconsistent with the provisions of

Petitioner: 1. LOI violated the provisions and delegation of

Ermita Malate Hotel-The presumption of constitutionality

Republic Acts Nos. 2207 and 3452. Although the President

police power, equal protection, and due process/

must prevail in the absence of factual record in over throwing

may, under the American constitutional system enter into

2. It was oppressive because the make manufacturers

the statute.

executive agreements without previous legislative authority,

and car dealers millionaires at the expense f car owners at

Brandeis- constitutionality must prevail in the absence of

56-72 pesos per set.

some factual foundation in overthrowing the statute.

jurisprudence.

Even if the car had blinking lights, he must still buy

since 1963. Later, Universal Rubber filed an application for

EMPLOYEES ASSOCIATION-KILUSAN (BTEA-

reflectors. His claims that the statute was oppressive was

the trademark Universal Converse and Device before the

KILUSAN), LABOR ARBITER FRANCISCO M.

Philippine Patent Office. Converse Rubber opposed as it

DE LOS REYES and JOSE CRUZ

fantastic because the reflectors were not expensive.

SC- blinking lights may lead to confusion whether the nature
and purpose of the driver is concerned.
Unlike the triangular reflectors, whose nature is evident

averred that the word Converse which is part of its

corporate name cannot be granted as part of Universal

because its installed when parked for 30 minutes and

Rubbers trademark or trade name because it will likely

placed from 400 meters from the car allowing drivers to see

deceive purchasers of Universal Rubbers products as it may

clearly.

be mistaken by unwary customers to be manufactured by

There was no constitutional basis for petitioner because the

Converse Rubber. The Director of Patents did not grant the

law doesnt violate any constitutional provision.

opposition by Converse Rubber.

LOI 229 doesnt force motor vehicle owners to purchase the

reflector from the LTO. It only prescribes rge requirement
from any source.
The objective is public safety.
The Vienna convention on road rights and PD 207 both
recommended enforcement for installation of
ewds. Botherpossess relevance in applying rules with the

ISSUE: Whether or not the decision of the Director of

Patents is correct.

HELD: No. From a cursory appreciation of the Converse

Rubbers

corporate

name

CONVERSE

RUBBER

decvlaration of principles in the Constitution.

CORPORATION it is evident that the word CONVERSE is

On the unlawful delegation of legislative power, the

the dominant word which identifies Converse Rubber from

petitioners have no settled legal doctrines.

other corporations engaged in similar business. Universal

Rubber, in the stipulation of facts, admitted Converse
Rubbers existence since 1946 as a duly organized foreign
corporation engaged in the manufacture of rubber shoes.

3.

CONVERSE RUBBER CORP. V. UNIVERSAL

RUBBER PRODUCTS

147 SCRA 154 Mercantile Law Intellectual Property Law

Law on Trademarks, Service Marks and Trade Names
Trade Name Infringement

This admission necessarily betrays its knowledge of the

reputation and business of petitioner even before it applied
for registration of the trademark in question. Knowing,
therefore, that the word CONVERSE belongs to and is
being used by Converse Rubber, and is in fact the dominant
word in its corporate name, Universal Rubber has no right to

Converse Rubber Corporation is an American corporation

while Universal Rubber Products, Inc. is a corporation

appropriate the same for use on its products which are

similar to those being produced by Converse Rubber.

licensed to do business in the country. Converse has been

operating since 1946. Universal Rubber has been operating

4.

GUERRERO'S TRANSPORT SERVICES, INC. v.

BLAYLOCK

TRANSPORTATION

SERVICES

FACTS
In 1972, the US Naval Base authorities in Subic conducted a
public bidding for a 5-year contract for the right to operate
and/or manage the transportation services inside the naval
base. This bidding was won by Santiago Guerrero, owneroperator of Guerreros Transport Services, Inc. (Guerrero),
over Concepcion Blayblock, the then incumbent
concessionaire doing business under the name of Blayblock
Transport Services Blayblock. Blayblocks 395 employees
are members of the union BTEA-KILUSAN (the Union).
When Guererro commenced its operations, it refused to
employ the members of the Union. Thus, the Union filed a
complaint w/ the NLRC against Guerrero to compel it to
employ its members, pursuant to Art. 1, Sec. 2 of the RP-US
Base Agreement. The case was dismissed by the NLRC
upon Guerreros MTD on jurisdictional grounds, there being
no employer-employee relationship between the parties.
Upon appeal, the Sec. of Labor remanded the case to the
NLRC. The NLRC issued a Resolution ordering Guererro to
absorb all complainants who filed their applications on or
before the deadline set by Guerrero, except those who may
have derogatory records w/ the US Naval Authorities in
Subic. The Sec. of Labor affirmed.
Guerrero claims that it substantially complied w/ the decision
of the Sec. of Labor affirming the NLRC Resolution, & that
any non-compliance was attributable to the individual
complainants who failed to submit themselves for processing
& examination. The Labor Arbiter ordered the reinstatement
of 129 individuals. The Union filed a Motion for Issuance of
Writ of Execution. The order wasnt appealed so it was
declared final & executory
Subsequently, the parties arrived at a Compromise
Agreement wherein they agreed to submit to the Sec. of
Labor the determination of members of the Union who shall
be reinstated by Guerrero, w/c determination shall be final.
The agreement is deemed to have superseded the
Resolution of the NLRC. The Sec. of Labor ordered the
absorption of 175 members of the Union subject to 2
conditions.
ISSUE
W/N the said members of the Union were entitled to be
reinstated by Guerrero.
RULING
YES. Pursuant to Sec. 6 of Art. I of the RP-US Labor
Agreement, the US Armed Forces undertook, consistent w/

military requirements, "to provide security for employment,

and, in the event certain services are contracted out, the US
Armed Forces shall require the contractor or concessioner to
give priority consideration to affected employees for
employment.
A treaty has 2 aspects as an international agreement
between states, and as municipal law for the people of each
state to observe. As part of the municipal law, the aforesaid
provision of the treaty enters into and forms part of the
contract between Guerrero and the US Naval Base
authorities. In view of said stipulation, the new contractor
(Guerrero) is, therefore, bound to give "priority" to the
employment of the qualified employees of the previous
contractor (Blaylock). It is obviously in recognition of such
obligation that Guerrero entered into the aforementioned
Compromise Agreement.
Under the Compromise Agreement, the parties agreed to
submit to the Sec. of Labor the determination as to who of
the members of the Union shall be absorbed or employed by
Guerrero, and that such determination shall be considered
as final. The Sec. of Labor issued an Order directing the
NLRC, through Labor Arbiter Francisco de los Reyes, to
implement the absorption of the 175 members into
Guerrero's Transport Services, subject to the following
conditions:
a) that they were bona fide employees of the
Blaylock Transport Service at the time its
concession expired; and
b) that they should pass final screening and approval
by the appropriate authorities of the U.S. Naval
Base concerned.
For this purpose, Guerrero is ordered to submit to and
secure from the appropriate authorities of the U.S. naval
Base at Subic, Zambales the requisite screening and
approval, the names of the members of the Union.
Considering that the Compromise Agreement of the parties
is more than a mere contract and has the force and effect of
any other judgment, it is, therefore, conclusive upon the
parties and their privies. For it is settled that a compromise
has, upon the parties, the effect and authority of res judicata
and is enforceable by execution upon approval by the court.

personal injury.
FACTS: Pursuant to the Visiting Forces Agreement
(VFA) signed in 1999, personnel from the armed forces

ISSUE: W/N the petition and the petition-in-intervention

of the United States of America started arriving in

should prosper.

Mindanao to take partin "Balikatan 02-1 on January

2002. The Balikatan 02-1 exercises involves the

HELD: NO. Petition and the petition-in-intervention are

simulation of joint military maneuvers pursuant to the

hereby DISMISSED without prejudice to the filing of a

Mutual Defense Treaty, a bilateral defense agreement

new petition sufficient in form and substance in the

entered into by the Philippines and the United States in

proper Regional Trial Court - Supreme Court is not a

1951. The exercise is rooted from the international

trier of facts

anti-terrorism campaign declared by President George

W. Bush in reaction to the 3 commercial aircrafts

Doctrine of Importance to the Public

hijacking that smashed into twin towers of the World

Considering however the importance to the public of the

Trade Center in New York City and the Pentagon

case at bar, and in keeping with the Court's duty, under

building in Washington, D.C. allegedly by the al-Qaeda

the 1987 Constitution, to determine whether or not the

headed by the Osama bin Laden that occurred on

other branches of the government have kept

September 11, 2001. Arthur D. Lim and Paulino P.

themselves within the limits of the Constitution and the

Ersando as citizens, lawyers and taxpayers filed a

laws that they have not abused the discretion given to

petition for certiorari and prohibition attacking the

them, the Court has brushed aside technicalities of

constitutionality of the joint exercise. Partylists

procedure and has taken cognizance of this petition.

Sanlakas and Partido Ng Manggagawa as residents of

Zamboanga and Sulu directly affected by the

Although courts generally avoid having to decide a

operations filed a petition-in-intervention.

constitutional question based on the doctrine of

separation of powers, which enjoins upon the

The Solicitor General commented the prematurity of

department of the government a becoming respect for

the action as it is based only on a fear of future violation

each other's act, this Court nevertheless resolves to

of the Terms of Reference and impropriety of availing of

take cognizance of the instant petition.

certiorari to ascertain a question of fact specifically

Interpretation of Treaty

Lessons Applicable: Locus Standi, International Law

interpretation of the VFA whether it is covers "Balikatan

The VFA permits United States personnel to engage, on

v. Muncipal Law, Certiorari, Incorporation Clause,

02-1 and no question of constitutionality is involved.

an impermanent basis, in "activities," the exact meaning

Treaties

Moreover, there is lack of locus standi since it does not

of which was left undefined. The expression is

Laws Applicable: Constitution

involve tax spending and there is no proof of direct

ambiguous, permitting a wide scope of undertakings

5. Lim v. Executive Secretary

subject only to the approval of the Philippine

The Terms of Reference are explicit enough. Paragraph

Conflict arises then between the fundamental law and

government. The sole encumbrance placed on its

8 of section I stipulates that US exercise participants

our obligations arising from international agreements.

definition is couched in the negative, in that United

may not engage in combat "except in self-defense." ."

Philip Morris, Inc. v. Court of Appeals: Withal, the fact

States personnel must "abstain from any activity

The indirect violation is actually petitioners' worry, that

that international law has been made part of the law of

inconsistent with the spirit of this agreement, and in

in reality, "Balikatan 02-1" is actually a war principally

the land does not by any means imply the primacy of

particular, from any political activity." All other activities,

conducted by the United States government, and that

international law over national law in the municipal

in other words, are fair game.

the provision on self-defense serves only as

sphere. Under the doctrine of incorporation as applied

To aid in this, the Vienna Convention on the Law of

camouflage to conceal the true nature of the exercise. A

in most countries, rules of international law are given a

Treaties Article 31 SECTION 3 and Article 32 contains

clear pronouncement on this matter thereby becomes

standing equal, not superior, to national legislation.

provisos governing interpretations of international

crucial. In our considered opinion, neither the MDT nor

From the perspective of public international law, a treaty

agreements. It is clear from the foregoing that the

the VFA allow foreign troops to engage in an offensive

is favored over municipal law pursuant to the principle

cardinal rule of interpretation must involve an

war on Philippine territory. Under the salutary

of pacta sunt servanda. Hence, "[e]very treaty in force

examination of the text, which is presumed to verbalize

proscription stated in Article 2 of the Charter of the

is binding upon the parties to it and must be performed

the parties' intentions. The Convention likewise dictates

United Nations.

by them in good faith." Further, a party to a treaty is not

what may be used as aids to deduce the meaning of

Both the Mutual Defense Treaty and the Visiting Forces

allowed to "invoke the provisions of its internal law as

terms, which it refers to as the context of the treaty, as

Agreement, as in all other treaties and international

justification for its failure to perform a treaty."

well as other elements may be taken into account

agreements to which the Philippines is a party, must be

Our Constitution espouses the opposing view as stated

alongside the aforesaid context. According to Professor

read in the context of the 1987 Constitution especially

in section 5 of Article VIII: The Supreme Court shall

Briggs, writer on the Convention, the distinction

Sec. 2, 7 and 8 of Article 2: Declaration of Principles

have the following powers: xxx

between the general rule of interpretation and the

and State Policies in this case. The Constitution also

(2) Review, revise, reverse, modify, or affirm on appeal

supplementary means of interpretation is intended

regulates the foreign relations powers of the Chief

or certiorari, as the law or the Rules of Court may

rather to ensure that the supplementary means do not

Executive when it provides that "[n]o treaty or

provide, final judgments and order of lower courts in:

constitute an alternative, autonomous method of

international agreement shall be valid and effective

(A) All cases in which the constitutionality or validity of

interpretation divorced from the general rule.

unless concurred in by at least two-thirds of all the

any treaty, international or executive agreement, law,

The meaning of the word activities" was deliberately

members of the Senate." Even more pointedly Sec. 25

presidential decree, proclamation, order, instruction,

made that way to give both parties a certain leeway in

on Transitory Provisions which shows antipathy towards

ordinance, or regulation is in question.

negotiation. Thus, the VFA gives legitimacy to the

foreign military presence in the country, or of foreign

Ichong v. Hernandez: provisions of a treaty are always

current Balikatan exercises. Both the history and intent

influence in general. Hence, foreign troops are allowed

subject to qualification or amendment by a subsequent

of the Mutual Defense Treaty and the VFA support the

entry into the Philippines only by way of direct

law, or that it is subject to the police power of the State

conclusion that combat-related activities -as opposed to

exception.

Gonzales v. Hechanova: our Constitution authorizes

combat itself -such as the one subject of the instant

International Law vs. Fundamental Law and Municipal

the nullification of a treaty, not only when it conflicts with

petition, are indeed authorized.

Laws

the fundamental law, but, also, when it runs counter to

an act of Congress.

ISSUE: Whether or not Asaalis contention is correct.

The foregoing premises leave us no doubt that US

authority of a nation within its own territory is absolute and

exclusive. The seizure of a vessel within the range of its

forces are prohibited / from engaging in an offensive

HELD: No. Asaalis contention is without merit. The Revised

war on Philippine territory.

Penal Code leaves no doubt as to its applicability and

cannon by a foreign force is an invasion of that territory, and

enforceability not only within the Philippines, its interior

6. ASAALI V. COMMISSIONER OF CUSTOMS

waters and maritime zone, but also outside of its jurisdiction

against those committing offense while on a Philippine ship.

26 SCRA 382 Civil Law Preliminary Title Territoriality of

Philippine Laws

Criminal Law Characteristics of Penal Laws Territoriality

In 1950, customs officers intercepted 5 ships owned by Illuh

Asaali et al. Said ships were found to be from Borneo and
were on their way to a port in Tawi-tawi, Sulu. On board the
ships were rattan products and cigarettes. The customs
is a hostile act which it is its duty to repel. But its power to

confiscated said items on the ground that Asaali et al do not

have the required import permits for the said goods.

Asaali questioned the legality of the seizure as he contended

that the customs officers did not intercept them within

The ships intercepted were of Philippine registry.

Further, it has been an establish principle that a state

has the right to protect itself and its revenues, a right not

Philippine waters but rather, they were intercepted in the

high seas. Hence, according to Asaali, Philippine import laws
have no application to the case at bar.

limited to its own territory but extending to the high seas. The

secure itself from injury may certainly be exercised

beyond the limits of its territory.