Facts: is private respondent entitled to the two basic due process rights of notice and hearing?

On January 13, 1977, then President Ferdinand E. Marcos issued Presidential Decree No. Corollarily, in the event that private respondent is adjudged entitled to basic due process
1069 "Prescribing the Procedure for the Extradition of Persons Who Have Committed Crimes rights at the evaluation stage of the extradition proceedings, would this entitlement constitute
in a Foreign Country". The Decree is founded on: the doctrine of incorporation under the a breach of the legal commitments and obligations of the Philippine Government under the
Constitution;... the mutual concern for the suppression of crime both in the state where it was
committed and the state where the criminal may have escaped; the extradition treaty with the RP-US Extradition Treaty? And assuming that the result would indeed be a breach, is there
Republic of Indonesia and the intention of the Philippines to enter into similar treaties with any conflict between private respondent's basic due process rights and the provisions of the
other... interested countries; and the need for rules to guide the executive department and the RP-US Extradition Treaty?... ould private respondent's entitlement to notice and hearing
courts in the proper implementation of said treaties.petitioner, in a reply-letter dated July 13, during the evaluation stage of the proceedings constitute a breach of the legal duties of the
1999 (but received by private respondent only on August 4, 1999), denied the foregoing Philippine Government under the
requests for the following reasons:Article 7 of the Extradition Treaty between the Philippines
and the United States enumerates the documentary requirements and establishes the RP-Extradition Treaty? Assuming the answer is in the affirmative, is there really a conflict
procedures under which the documents submitted shall be received and admitted as between the treaty and the due process clause in the Constitution?
evidence.Evidentiary requirements under our domestic law are also set forth in Section 4 of
P.D. No. 1069.We merely determine whether the procedures and requirements under the
relevant law and treaty have been complied with by theRequesting Government. The Ruling:
constitutionally guaranteed rights of the accused in all criminal prosecutions are therefore not
available.It is only after the filing of the petition for extradition when the person sought to be Principles: The rule of pacta sunt servanda, one of the oldest and most fundamental
extradited will be furnished by the court with copies of the petition, request and extradition maxims of international law, requires the parties to a treaty to keep their agreement therein
documents and this Department will not pose any objection to a request for ample time to... in good faith. The observance of our country's legal duties under a treaty is also compelled by
evaluate said documents.The United States had to secure orders from the concerned District Section 2,... Article II of the Constitution which provides that "[t]he Philippines renounces
Courts... authorizing the United States to disclose certain grand jury information to Philippine war as an instrument of national policy, adopts the generally accepted principles of
government and law enforcement personnel for the purpose of extradition of Mr. Jimenez. international law as part of the law of the land, and adheres to the policy of peace, equality,
Any further disclosure of the said information is not authorized by the United States District justice, freedom,... cooperation and amity with all nations." Under the doctrine of
Courts. incorporation, rules of international law form part of the law of the land and no further
legislative action is needed to make such rules applicable in the domestic sphere (Salonga &
In this particular extradition request the United States Government requested the Philippine Yap, Public
Government to prevent unauthorized disclosure of the subject information. This Department's
denial of your request is consistent with Article 7 of the RP-US Extradition Treaty which... International Law, 1992 ed., p. 12).The doctrine of incorporation is applied whenever
provides that the Philippine Government must represent the interests of the United States in municipal tribunals (or local courts) are confronted with situations in which there appears to
any proceedings arising out of a request for extradition.This Department is not in a position to be a conflict between a rule of international law and the provisions of the constitution or
hold in abeyance proceedings in connection with an extradition request. Article 26 of the statute of the local state. Efforts should... first be exerted to harmonize them, so as to give
Vienna Convention on the Law of Treaties, to which we are a party provides that "[E]very effect to both since it is to be presumed that municipal law was enacted with proper regard for
treaty in force is binding upon the parties to it and... must be performed by them in good the generally accepted principles of international law in observance of the Incorporation
faith". Extradition is a tool of criminal law enforcement and to be effective, requests for Clause in the above-cited constitutional... provision (Cruz, Philippine Political Law, 1996 ed.,
extradition or surrender of accused or convicted persons must be processed expeditiously. p. 55). In a situation, however, where the conflict is irreconcilable and a choice has to be
made between a rule of international law and municipal law, jurisprudence dictates that
Issues: municipal law should be upheld
by the... municipal courts Secretary of the Department of Foreign Affairs (DFA), the Secretary of the
Department of Justice (DOJ), and the Office of the Solicitor General (OSG).
VINUYA
FACTS
Facts: Petitioners filed a Motion for Reconsideration[1] and a Supplemental Motion for  Petitioners are all members of MALAYA LOLAS.
Reconsideration,[2] praying that the Court reverse its decision of April 28, 2010, and grant...
human rights and international conventions of which the Philippines is a party; that the Court,  MALAYA LOLAS is a non-stock, non-profit organization registered with the
in holding that the Chief Executive has the prerogative whether to bring petitioners' claims Securities and Exchange Commission, established for the purpose of
against providing aid to the victims of rape by Japanese military forces in the
Philippines during the Second World War.
Japan, has read the foreign policy powers of the Office of the President in isolation from the r
 Petitioners claim that since 1998, they have approached the Executive
Issues:Consideration[1] and a Supplemental Motion for Reconsideration,[2] praying that the Department through the DOJ, DFA, and OSG, requesting assistance in filing
Court reverse its decision of April 28, 2010, and grant their petition for... certiorari. a claim against the Japanese officials and military officers who ordered the
establishment of the "comfort women" stations in the Philippines.
In their Motion for Reconsideration, petitioners argue that our constitutional and
jurisprudential histories have rejected the Court's ruling that the foreign policy prerogatives of  However, officials of the Executive Department declined to assist the
the Executive Branch are... praying that the Court reverse its decision of April 28, 2010, and petitioners.
grant their petition for... certiorari.
 Said officials contended that the individual claims of the comfort women for
In their Motion for Reconsideration, petitioners argue that our constitutional and compensation had already been fully satisfied by Japan's compliance with the
jurisprudential histories have rejected the Court's ruling that the foreign policy prerogatives of Peace Treaty between the Philippines and Japan.
the Executive Branc
ISSUE/S >WON the Executive Department committed grave abuse of discretion in
Ruling: not espousing petitioners’ claims for: (a) the crimes against humanity and war crimes
committed against them; (b) for official apology; and, (c) other forms of reparations
against Japan before the International Court of Justice (ICJ) and other international
Principles:
tribunals

RULING
G.R. No. 162230| April 28, 2010

 NO
Petitioners Vinuya, et. al. filed a Petition for Certiorari under Rule 65 of the Rules of  The petition lacks merit.
Court with an application for the issuance of a writ of preliminary mandatory
injunction against the Office of the Executive Secretary (Alberto Romulo), the
 From a Domestic Law Perspective, the Executive Department has the participate in suits against perpetrators of international crimes. Nonetheless,
exclusive prerogative to determine whether to espouse notwithstanding an array of General Assembly resolutions calling for the
petitioners' claims against Japan. prosecution of crimes against humanity and the strong policy arguments
 The question whether the Philippine government should espouse claims of its warranting such a rule, the practice of states does not yet support the present
nationals against a foreign government is a foreign relations matter, the existence of an obligation to prosecute international crimes. Of course a
authority for which is demonstrably committed by our Constitution not to the customary duty of prosecution is ideal, but we cannot find enough evidence
courts but to the political branches. to reasonably assert its existence. To the extent that any state practice in this
 In this case, the Executive Department has already decided that it is area is widespread, it is in the practice of granting amnesties, immunity,
to the best interest of the country to waive all claims of its selective prosecution, or de facto impunity to those who commit crimes
nationals for reparations against Japan in the Treaty of Peace of against humanity.
1951. The wisdom of such decision is not for the courts to question. Neither  Even the invocation of jus cogens norms and erga omnes
could petitioners herein assail the said determination by the Executive obligations will not alter this analysis. Even if we sidestep the question
Department via the instant petition for certiorari. of whether jus cogens norms existed in 1951, petitioners have not deigned to
 The Executive Department has determined that taking up show that the crimes committed by the Japanese army violated jus cogens
petitioners' cause would be inimical to our country's foreign policy prohibitions at the time the Treaty of Peace was signed, or that the duty to
interests, and could disrupt our relations with Japan, thereby prosecute perpetrators of international crimes is an erga omnes obligation or
creating serious implications for stability in this region. For us to has attained the status of jus cogens.
overturn the Executive Department's determination would mean an  Of course, we greatly sympathize with the cause of petitioners, and we cannot
assessment of the foreign policy judgments by a coordinate political branch begin to comprehend the unimaginable horror they underwent at the hands
to which authority to make that judgment has been constitutionally of the Japanese soldiers. We are also deeply concerned that, in apparent
committed. contravention of fundamental principles of law, the petitioners appear to be
 The Executive must be given ample discretion to assess the foreign policy without a remedy to challenge those that have offended them before
considerations of espousing a claim against Japan, from the standpoint of appropriate fora. Needless to say, our government should take the lead in
both the interests of the petitioners and those of the Republic, and decide on protecting its citizens against violation of their fundamental human rights.
that basis if apologies are sufficient, and whether further steps are  Regrettably, it is not within our power to order the Executive Department to
appropriate or necessary. take up the petitioners' cause. Ours is only the power to urge and exhort the
 The Philippines is not under any international obligation to Executive Department to take up petitioners' cause.
espouse petitioners' claims.  WHEREFORE, the Petition is hereby DISMISSED.
 We fully agree that rape, sexual slavery, torture, and sexual violence are
morally reprehensible as well as legally prohibited under contemporary  refer "to those questions which, under the Constitution, are to be decided by
international law. However, petitioners take quite a theoretical leap in the people in their sovereign capacity, or in regard to which full discretionary
claiming that these proscriptions automatically imply that that the authority has been delegated to the legislative or executive branch of the
Philippines is under a non-derogable obligation to prosecute international government. It is concerned with issues dependent upon the wisdom, not
crimes, particularly since petitioners do not demand the imputation of legality of a particular measure."
individual criminal liability, but seek to recover monetary reparations from
the state of Japan. Absent the consent of states, an applicable treaty regime, Foreign Relations
or a directive by the Security Council, there is no non-derogable duty to
institute proceedings against Japan. Indeed, precisely because of states'
reluctance to directly prosecute claims against another state, recent  The President is the sole organ of the nation in its external relations, and its
developments support the modern trend to empower individuals to directly sole representative with foreign relations.
Jus Cogens In the Philippines, the practice is for the foreign government or the international organization
to first secure an executive endorsement of its claim of sovereign or diplomatic immunity
 (Literally, "compelling law") in international law, this term refers to norms
that command peremptory authority, superseding conflicting treaties and Even without this affirmation, such principles of International Law are deemed incorporated
custom. as part of the law of the land as a condition... and consequence of our admission in the society
 Jus cogens norms are considered peremptory in the sense that they are of nations... classical or absolute theory, a sovereign cannot, without its consent, be made a
mandatory, do not admit derogation, and can be modified only by general respondent in the courts of another sovereign.
international norms of equivalent authority.
classical or absolute theory... restrictive theory... restrictive theory, the immunity of the
Erga Omnes>(Latin: in relation to everyone) in international law, it has been used sovereign is recognized only with regard to public acts or acts jure imperii of a state, but not
as a legal term describing obligations owed by States towards the community of states with regard to private acts or acts jure gestionis
as a whole.
Issues:whether the petition for certiorari under Rule 65 of the Revised Rules of Court can be
HOLY CEE VS. EXECUTIVE SEC availed of to question the order denying petitioner's motion to dismiss... personality or legal
interest of the Department of Foreign Affairs to intervene in the case in behalf of the Holy See
Facts:Petitioner is the Holy See who exercises sovereignty over the Vatican City in Rome,
Italy, and is represented in the Philippines by the Papal Nuncio. Ruling:

Private respondent, Starbright Sales Enterprises, Inc., is a domestic corporation engaged in the an order denying... a motion to dismiss is not reviewable by the appellate courts, the remedy
real estate business. of the movant being to file his answer and to proceed with the hearing before the trial court...
exceptions... when it is very clear in the records that the... trial court has no alternative but to
private respondent filed a complaint with the Regional Trial Court, Branch 61, Makati, Metro dismiss the complaint
Manila for annulment of the sale of the three parcels of land, and specific performance and
damages against petitioner, represented by the Papal Nuncio,... petitioner and the PRC, The Republic of the Philippines has accorded the Holy See the status of a foreign sovereign.
without notice to private respondent, sold the lots to Tropicana The Holy See, through its Ambassador, the Papal Nuncio, has had diplomatic representations
with the Philippine government since 1957
Private respondent thus prayed for: (1) the annulment of the Deeds of Sale between petitioner
and the PRC on the one hand, and Tropicana on the other; The logical question is whether the foreign state is engaged in the activity in the regular
course of business.
Motion for Intervention was filed before us by the Department of Foreign Affairs, claiming
that it has a legal interest in the outcome of the case as regards the diplomatic immunity of petitioner has denied that the acquisition and subsequent disposal... of Lot 5-A were made for
petitioner, and that it "adopts by reference, the allegations... contained in the petition of the profit but claimed that it acquired said property for the site of its mission or the Apostolic
Holy See insofar as they refer to arguments relative to its claim of sovereign immunity from Nunciature in the Philippines. Private respondent failed to dispute said claim.
suit"... when a state or international agency wishes to plead sovereign or diplomatic immunity
in a foreign court, it requests the Foreign Office of the state where it is sued to convey to the The donation was made not for commercial purpose, but for the use of petitioner to
court that said defendant is entitled to immunity. construct thereon the official... place of residence of the Papal Nuncio.
The decision to transfer the property and the subsequent disposal thereof are likewise clothed Filipinos and local products” and (2) that the WTO “intrudes, limits and/or impairs” the
with a governmental character. Petitioner did not sell Lot 5-A for profit or gain. It merely constitutional powers of both Congress and the Supreme Court.
wanted to dispose off the same because the squatters living thereon made it almost...
impossible for petitioner to use it for the purpose of the donation. Issue:

the Department of Foreign Affairs has formally intervened in this case and... officially Whether provisions of the Agreement Establishing the World Trade Organization unduly
certified that the Embassy of the Holy See is a duly accredited diplomatic mission to the limit, restrict and impair Philippine sovereignty specifically the legislative power which,
Republic of the Philippines exempt from local jurisdiction and entitled to all the rights, under Sec. 2, Article VI, 1987 Philippine Constitution is ‘vested in the Congress of the
privileges and immunities of a diplomatic mission or embassy in this country Philippines.

The determination of the executive arm of government that a state or instrumentality is Held:Advertisement
entitled to sovereign or diplomatic immunity is a political question that is conclusive upon the
courts No, the WTO agreement does not unduly limit, restrict, and impair the Philippine sovereignty,
particularly the legislative power granted by the Philippine Constitution. The Senate was
acting in the proper manner when it concurred with the President’s ratification of the
agreement.
WIGBERTO E. TAÑADA et al, petitioners,
While sovereignty has traditionally been deemed absolute and all-encompassing on the
vs. domestic level, it is however subject to restrictions and limitations voluntarily agreed to by the
Philippines, expressly or impliedly, as a member of the family of nations. Unquestionably, the
EDGARDO ANGARA, et al, respondents. Constitution did not envision a hermit-type isolation of the country from the rest of the world.
In its Declaration of Principles and State Policies, the Constitution “adopts the generally
Facts: accepted principles of international law as part of the law of the land, and adheres to the
policy of peace, equality, justice, freedom, cooperation and amity, with all nations.” By the
doctrine of incorporation, the country is bound by generally accepted principles of
Petitioners prayed for the nullification, on constitutional grounds, of the concurrence of the international law, which are considered to be automatically part of our own laws. One of the
Philippine Senate in the ratification by the President of the Philippines of the Agreement oldest and most fundamental rules in international law is pacta sunt servanda — international
Establishing the World Trade Organization (WTO Agreement, for brevity) and for the agreements must be performed in good faith. “A treaty engagement is not a mere moral
prohibition of its implementation and enforcement through the release and utilization of obligation but creates a legally binding obligation on the parties x x x. A state which has
public funds, the assignment of public officials and employees, as well as the use of contracted valid international obligations is bound to make in its legislations such
government properties and resources by respondent-heads of various executive offices modifications as may be necessary to ensure the fulfillment of the obligations undertaken.”
concerned therewith.
By their inherent nature, treaties really limit or restrict the absoluteness of sovereignty. By
They contended that WTO agreement violates the mandate of the 1987 Constitution to their voluntary act, nations may surrender some aspects of their state power in exchange for
“develop a self-reliant and independent national economy effectively controlled by Filipinos x greater benefits granted by or derived from a convention or pact. After all, states, like
x x (to) give preference to qualified Filipinos (and to) promote the preferential use of Filipino individuals, live with coequals, and in pursuit of mutually covenanted objectives and benefits,
labor, domestic materials and locally produced goods” as (1) the WTO requires the they also commonly agree to limit the exercise of their otherwise absolute rights. Thus,
Philippines “to place nationals and products of member-countries on the same footing as treaties have been used to record agreements between States concerning such widely diverse
matters as, for example, the lease of naval bases, the sale or cession of territory, the
termination of war, the regulation of conduct of hostilities, the formation of alliances, the
regulation of commercial relations, the settling of claims, the laying down of rules governing
conduct in peace and the establishment of international organizations. The sovereignty of a
state therefore cannot in fact and in reality be considered absolute. Certain restrictions enter
into the picture: (1) limitations imposed by the very nature of membership in the family of
nations and (2) limitations imposed by treaty stipulations. As aptly put by John F. Kennedy,
“Today, no nation can build its destiny alone. The age of self-sufficient nationalism is over.
The age of interdependence is here.”

The WTO reliance on “most favored nation,” “national treatment,” and “trade without
discrimination” cannot be struck down as unconstitutional as in fact they are rules of equality
and reciprocity that apply to all WTO members. Aside from envisioning a trade policy based
on “equality and reciprocity,” the fundamental law encourages industries that are “competitive
in both domestic and foreign markets,” thereby demonstrating a clear policy against a
sheltered domestic trade environment, but one in favor of the gradual development of robust
industries that can compete with the best in the foreign markets. Indeed, Filipino managers
and Filipino enterprises have shown capability and tenacity to compete internationally. And
given a free trade environment, Filipino entrepreneurs and managers in Hongkong have
demonstrated the Filipino capacity to grow and to prosper against the best offered under a
policy of laissez faire.

WHEREFORE, the petition is DISMISSED for lack of merit.

Principle of State Continuity—as long as the elements of the State are