Case Digest (G.R. No. 256288) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In Atty. Romeo M. Esmero v. His Excellency President Rodrigo Roa Duterte (G.R. No. 256288, June 29, 2021), petitioner Atty. Romeo M. Esmero sought by way of a writ of mandamus to compel President Duterte to fulfill what he characterized as his constitutional duty under the 1987 Constitution to defend the Philippines’ national territory, including the West Philippine Sea, from alleged Chinese incursions. Esmero argued that the President’s public pronouncements and limited diplomatic protests amounted to unlawful neglect of a ministerial duty to protect Filipino fishermen and territorial rights as confirmed by the 2016 UNCLOS Arbitral Award. He proposed that the President invoke the UN Security Council’s “Uniting for Peace” Resolution of 1950, deploy UN patrol boats, and initiate proceedings before the International Court of Justice for damages. The petition was filed directly before the Supreme Court en banc without prior proceedings in lower tribunals.Issues:
- May the Suprem
Case Digest (G.R. No. 256288) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Petition for Mandamus
- Atty. Romeo M. Esmero (petitioner) filed a petition to compel President Rodrigo Roa Duterte to perform his constitutional duty to defend the national territory, including the West Philippine Sea, against alleged Chinese incursions.
- Petitioner alleged that the President may consider engaging in a defensive war, call upon the people (and, by virtue of the Mutual Defense Treaty, the United States) to defend the State, and that his public pronouncements/actions are subject to judicial review.
- Background and Alternative Proposals
- In 2013, the Philippines under President Aquino invoked UNCLOS arbitration; in July 2016 the Arbitral Tribunal ruled overwhelmingly in favor of the Philippines.
- Petitioner proposed that the Philippines invoke the UN Security Council’s “Uniting for Peace” Resolution, bypass a Chinese veto via the UN General Assembly, deploy UN patrol boats, and sue China before the ICJ for damages to the Kalayaan Islands.
Issues:
- Whether a sitting President is immune from suit in a petition for mandamus.
- Whether mandamus lies to compel discretionary foreign‐affairs or defense decisions of the President.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)