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NATURE
Special civil action for certiorari and prohibition
BRIEF
Petitioners assail the validity of the VFA (Visiting Forces
Agreement) which after having been ratified by Pres.
Estrada was duly concurred by the Senate, by a 2/3 vote of
its members. They contend that the VFA did not satisfy the
requirement laid in Art XVIII, Sec 25 since US merely treats it
as an executive agreement rather than a treaty. As
such, US thinks that VFA does not need the ratification of
the US Senate.
Main decision upheld the validity of the Visiting Forces
Agreement. Justice Puno dissents and believes that VFA is
unconstitutional.
FACTS
No facts are narrated in the dissenting opinion. Justice Puno
automatically jumps to the issue.
MAIN ISSUE: WON the Visiting Forces Agreement (VFA) violates Art.
XVIII, Sec 25 of the Constitution1, (YES)
SUB-ISSUE:
Respondents: these constitutional requirements are not
applicable to the VFA.
o These requirements applies only to the stationing or
permanent presence since troops is mentioned
along with bases and facilities which are
permanent in nature
o VFA contemplates merely temporary visits of US
Military Troops in Philippine territory
Justice Puno: VFA is of a permanent nature
o Neither the VFA nor the Mutual Defense Treaty
provides the slightest suggestion on the duration of
the visits of U.S. Forces in Philippine territory.
o VFA does not provide for a specified and limited
period of effectivity. It instead provides an openended term3
o Both Blacks and Bouviers Law dictionaries
definition of permanent does not necessarily
contemplate absolute perpetuity. (as long as it
continues for an indefinite period of time)
o Also, Art XVIII, Sec 18 contemplates both permanent
and temporary presence of foreign military troops.
HENCE, VFA regardless of WON permanent or
temporary comes within its purview.
3 Art IX, VFA this Agreement shall remain in force until the
expiration of 180 days from the date on which either party
gives the other party notice in writing that it desires to
terminate the agreement