Case Digest (G.R. No. 138570) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In Bayan (Bagong Alyansang Makabayan) et al. v. Executive Secretary Ronaldo Zamora et al., G.R. Nos. 138570, 138572, 138587, 138680 and 138698, decided October 10, 2000, petitioners comprising legislators, non-governmental organizations, citizens and taxpayers assailed the constitutionality of the Visiting Forces Agreement (VFA) between the Republic of the Philippines and the United States of America. The VFA was signed in Manila on February 10, 1998 by Foreign Affairs Secretary Domingo Siazon and U.S. Ambassador Thomas Hubbard, ratified by President Joseph E. Estrada on October 5, 1998, and transmitted to the Philippine Senate on October 6, 1998 for concurrence. After joint hearings by the Senate Committees on Foreign Relations and on National Defense and Security, Senate Resolution No. 18 (formerly Proposed Resolution No. 443) recommending concurrence was approved on May 27, 1999 by a two-thirds vote of 18 of the 24 members. The VFA entered into force on June 1, 1999. Petition Case Digest (G.R. No. 138570) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Parties and Consolidation
- Petitioners – A coalition of legislators (e.g., Senators Salonga, Pimentel), NGOs (BAYAN, Kilusang Mayo Uno, Gabriela, IBP), citizens and taxpayers.
- Respondents – Executive Secretary Zamora, Foreign Affairs Secretary Siazon, Defense Secretary Mercado, key senators (Fernan, Drilon, Ople, Biazon, Tatad).
- Antecedent Agreements
- March 14, 1947 – RP-US Military Bases Agreement; August 30, 1951 – Mutual Defense Treaty (MDT).
- September 16, 1991 – Philippine Senate rejects proposed extended Bases Treaty; 1991 – original Bases Agreement expires.
- Negotiation and Signature of the VFA
- July 1997–January 1998 – Bilateral negotiations culminate in final draft.
- February 10, 1998 – VFA signed by Sec. Siazon (PH) and Ambassador Hubbard (US); October 5, 1998 – President Estrada ratifies VFA; October 6, 1998 – Instrument transmitted to the Senate.
- Senate Deliberations and Concurrence
- Joint hearings by Senate Committees on Foreign Relations and National Defense (Jan–Mar 1999).
- May 3, 1999 – Committees submit Proposed Senate Resolution No. 443 (recommend concurrence, legislative oversight).
- May 27, 1999 – Senate concurs by 2/3 vote (18–5); renumbered Resolution No. 18.
- Entry into Force and Key Provisions
- June 1, 1999 – VFA enters into force by exchange of diplomatic notes.
- Framework of nine Articles including:
- Definitions (US military/civilian personnel).
- Respect for Philippine law; criminal jurisdiction rules.
- Entry/exit, driving permits, vehicle registration.
- Claims, import/export exemptions, movement of vessels/aircraft.
- Duration and unilateral termination upon 180-day notice.
Issues:
- Standing (locus standi) of petitioners – citizens, taxpayers, legislators, bar association.
- Applicable constitutional provision – Section 21, Article VII vs. Section 25, Article XVIII.
- Sovereignty and jurisdiction
- Abdication of Philippine sovereignty under VFA.
- Deprivation of Philippine courts’ jurisdiction over US personnel.
- Exemption of certain offenses from PH courts; jurisdiction over crimes punishable by reclusion perpetua.
- Constitutional guarantees
- Equal protection (Art. III, Sec. 1).
- Nuclear-free policy (Art. II, Sec. 8).
- Tax and duty exemptions (Art. VI, Sec. 28(4)).
- Treaty-making power and process
- Whether VFA requires national referendum (Sec. 25, Art. XVIII).
- Recognition of VFA as a treaty by the United States.
- Executive and legislative discretion – Alleged grave abuse of discretion by the President and Senate.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)