BAYAN vs. ZAMORA

Facts:

On August 30, 1951, the Philippines and the United States entered into a Mutual Defense Treaty to further strengthen their defense and security relationship. Under the said treaty, the parties agreed to respond to any external armed attack on their territory, armed forces, public vessels, and aircraft.

On September 16, 1991, the Philippine Senate rejected the proposed RP-US Treaty of Friendship, Cooperation and Security which, in effect, would have extended the presence of US military bases in the Philippines.

On July 18, 1997 RP and US exchanged notes and discussed, among other things, the possible elements of the Visiting Forces Agreement (VFA).This resulted to a series of conferences and negotiations which culminated on January 12 and 13, 1998. Thereafter, President Fidel Ramos approved the VFA, which was respectively signed by Secretary Siazon and United States Ambassador Thomas Hubbard.

On October 5, 1998, President Joseph E. Estrada, through respondent Secretary of Foreign Affairs, ratified the VFA. On October 6, 1998, the President, acting through respondent Executive Secretary Ronaldo Zamora, officially transmitted to the Senate of the Philippines,the Instrument of Ratification, the letter of the President and the VFA, for concurrence pursuant to Section 21, Article VII of the 1987 Constitution.

Petitions for certiorari and prohibition, petitioners – as legislators, non-governmental organizations, citizens and taxpayers – assail the constitutionality of the VFA and impute to herein respondents grave abuse of discretion in ratifying the agreement.

Petitioner contends, under they provision cited, the “foreign military bases, troops, or facilities” may be allowed in the Philippines unless the following conditions are sufficiently met: a) it must be a treaty,b) it must be duly concurred in by the senate, ratified by a majority of the votes cast in a national referendum held for that purpose if so required by congress, and c) recognized as such by the other contracting state.

Issue:

Whether or not VFA governed by provisions of Section 21 of Article VII or Section 25 of Article XVIII of the Constitution.

Ruling:

The 1987 Philippine Constitution contains two provisions requiring the concurrence of the Senate on treaties or international agreements. Sec. 21 Art. VII, which respondent invokes, reads: “No treaty or international agreement shall be valid and effective unless concurred in by at least 2/3 of all the Members of the Senate. Sec. 25 Art. XVIII provides : “After the expiration in 1991 of the Agreement between the RP and the US concerning Military Bases, foreign military bases, troops or facilities shall not be allowed in the Philippines except under a treaty duly concurred in and when the Congress so requires, ratified by a majority of votes cast by the people in a national referendum held for that purpose, and recognized as a treaty by the Senate by the other contracting state”.

The first cited provision applies to any form of treaties and international agreements in general with a wide variety of subject matter. All treaties and international agreements entered into by the Philippines, regardless of subject matter, coverage or particular designation requires the concurrence of the Senate to be valid and effective.In contrast, the second cited provision applies to treaties which involve presence of foreign military bases, troops and facilities in the Philippines. Both constitutional provisions share some common ground. The fact that the President referred the VFA to the Senate under Sec. 21 Art. VII, and that Senate extended its concurrence under the same provision is immaterial.