LIM vs. EXECUTIVE SECRETARY

Facts:

Personnel from the Armed Forces of the United States of America started arriving in Mindanao to take part, in conjunction with the Philippine military, in “Balikatan 02-1.” It is a simulation of military maneuvers pursuant to the Mutual Defense Treaty, a bilateral defense agreement entered into by the Philippines and the United States since 1951. Its aim is to enhance the strategic and technological capabilities of our armed forces through joint training with its American counterparts. The “Balikatan” is the largest training exercise directly supporting the MDT’s objectives. It is this treaty in which the VFA adverts and the obligations thereunder seeks to reaffirm.

On February 1, 2002, petitioners Arthur D. Lim and Paulino P. Ersando filed this petition for certiorari and prohibition, attacking the constitutionality of the joint exercise.

Issue:

Whether “Balikatan 02-1” activities covered by the Visiting Forces Agreement?

Ruling:

The VFA permits United States personnel to engage on an impermanent basis, in “activities.” The sole encumbrance placed on its definition is couched in the negative, in that United States personnel must “abstain from any activity inconsistent with the spirit of this agreement, and in particular, from any political activity.

Vienna Convention on the Law of Treaties, Articles 31 and 32 contains provisos governing interpretations of international agreements. It clearly provides that the cardinal rule of interpretation must involve an examination of the text, which is presumed to verbalize the parties’ intentions. The Convention likewise dictates what may be used as aids to deduce the meaning of terms, which it refers to as the context of the treaty, as well as other elements may be taken into account alongside the context.

Under these auspices, the VFA gives legitimacy to the current Balikatan exercises. It is only logical to assume that .’Balikatan 02-1,” a “mutual anti- terrorism advising, assisting and training exercise,” falls under the umbrella of sanctioned or allowable activities in the context of the agreement.