BAGONG ALYANSANG MAKABAYAN (BAYAN) v.

EXECUTIVE
SECRETARY RONALDO ZAMORA
G.R. No. 138570 10 October 2000

FACTS:
The Visiting Forces Agreement (VFA) is an agreement between the
Philippines and the United States regarding the stay of US military
personnel and equipment in the country. It enumerates the jurisdiction of
either countries whenever a US military personnel is found to have
broken Philippine or United States laws.
In October 1998, President Joseph Estrada ratified the VFA. Through
Executive Secretary Ronaldo Zamora, President Estrada transmitted the
VFA to the Senate, for its concurrence. An instrument of ratification and
the President’s letter were also given to the Senate.
In May 1999, Senate Resolution 18 was passed. It contained the
concurrence of two-thirds of the Senators. In June 1999, the VFA was in
effect, after an Exchange of Notes between the Philippines and the
United States.
Bayan and the other petitioners are questioning the validity of the VFA
and which between two provisions of the Constitution should apply:
Article 7 Section 21 or Article 18 Section 25.
Article 7 Section 21 states: No treaty or international agreement shall be
valid and effective unless concurred in by at least two-thirds of all the
Members of the Senate.
On the other hand, Article 18 Section 25 provides that: “…..foreign
military bases, troops, or facilities shall not be allowed in the Philippines
except under a treaty duly concurred in by the senate and, when the
Congress so requires, ratified by a majority of the votes cast by the
people in a national referendum held for that purpose, and recognized as
a treaty by the other contracting State.”

ISSUE:
Which Constitutional provision should be followed?

RULING:
Article 18 Section 25 should be followed.
The general provision gives way to the specific.
Article 7 Section 21 speaks of treaties in general, while Article 18
Section 25 speaks of foreign military bases, equipment, and personnel.
Article 18 Section 25 has requisites for the presence of foreign military
personnel, bases or equipment on Philippine soil:
 The presence is because of a treaty
 The treaty is concurred by the Senate and, if Congress requires,
agreed to by the people in a national referendum
 The foreign State recognizes the treaty as a treaty

In this case, the US military personnel are in the Philippines because of

the VFA. President Estrada ratified the treaty and the Senate concurred.
“Recognized as a treaty by the other contracting State” means that the
United States binds itself to the treaty.
In this case, the letter of US Ambassador Hubbard stated that the US
recognizes the agreement and the agreement is binding to the US
government.
The Court held that the letter is enough to comply with the requisite in
the Constitution.