Case Summary (G.R. No. 256288)
Presidential Immunity and Jurisdictional Bar
The Court reaffirmed that, during incumbency, the President is immune from suit, regardless of nature. Citing De Lima v. Duterte, it held that mandamus relief against a sitting Head of State is barred. Even if sued through his representative, the Executive Secretary, the petition would still fail on the merits.
Mandamus Requirements: Ministerial Duty vs. Discretionary Act
Under Rule 65, Sec. 3, mandamus may compel only ministerial duties—those prescribed by law, devoid of discretion. The petitioner bore the burden to demonstrate:
• A clear, specific legal duty imposed on the President to perform the act.
• A well-defined, judicially enforceable right in the petitioner to have that act performed.
Discretionary Nature of Foreign Policy Decisions
The Court emphasized that the President is the “sole organ” in external affairs, entrusted with exclusive authority to negotiate, maintain diplomatic relations, promote economic interests, and settle international disputes. Such powers are inherently discretionary and political, not subject to mandamus.
Constitutional and Statutory Constraints on Executive Foreign Affairs
While the President’s foreign affairs power is broad, it must conform to constitutional checks:
a. Freedom from nuclear weapons within Philippine territory (Art. II, Sec. 8).
b. Tariff, quota, and fiscal measures subject to legislative authority.
c. Grant of tax exemptions requiring congressional concurrence.
d. Foreign loans requiring Monetary Board approval.
e. Foreign military bases or troop deployments requiring Senate-concurred treaties.
f. Other agreements requiring Senate concurrence if in treaty form.
Absence of a Specific Legal Mandate to Invoke UN or ICJ Remedies
The petitioner failed to identify any constitutional or statutory provision specifically obliging the President to:
• Submit the West Philippine Sea dispute anew to the UN Security Council under Uniting for Peace.
• Request deployment of UN patrol vessels.
• Initiate proceedings before the International Court of Justice against China for damages.
Deference to Executive Discretion a
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Procedural Posture and Relief Sought
- Petition for mandamus filed under G.R. No. 256288, June 29, 2021, seeking to compel President Duterte to perform his constitutional duty to defend the national territory, including the West Philippine Sea
- Prayer includes issuance of writ of mandamus to:
• Engage in defensive war against Chinese incursions and invoke citizens and allied assistance under the Mutual Defense Treaty
• Submit the dispute to the United Nations Security Council via the Uniting for Peace Resolution of 1950 and, if vetoed, to the United Nations General Assembly
• Deploy United Nations patrol boats to protect Filipino fishermen
• Initiate a case before the International Court of Justice for damages over the Kalayaan Islands
Petitioner’s Core Arguments
- The Government’s prime duty is to serve, protect the people, and defend the national territory; a defensive war is permissible under the Constitution
- Presidential actions and statements on the West Philippine Sea are subject to constitutional limits and judicial review
- The President has a ministerial duty to defend territory recognized by the UN Arbitral Tribunal, and failure to act harms the livelihood of coastal fisherfolk
- The archipelagic principle and the exclusive economic zone are fully recognized under domestic and international law
- The suit against the President is an exception to presidential immunity; diplomatic protests alone are insufficient defense