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OVERVIEW: Lim vs. Executive Sexretary "Balikatan 02-1 is III. Issue/s & Held:
covered by the VFA. It is in Sections 2 and 7 of the Article 2 of • W/N "Balikatan 02-1" is covered by the Visiting Forces
Constitution that the Philippines accepts principles of international Agreement
law and the country pursues independent foreign policy. The YES, it is covered by such treaty. The solicitor-general, in the
Constitution also regulates the foreign relations powers of the Chief case, said that"Balikatan 02-1 is covered by the VFA,
Executive when it provides that "no treaty of international agreement considering the President's monopoly in the field of foreign
shall be valid unless concurred in by two-thirds of all members of relations and her role as commander-in-chief of the Philippine
Senate. armed forces"
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Constitutional*Law*1*|*Dean*Sedfrey*Candelaria! 2
Paragraph 8 of Section 1 of TOR stipulates that US exercise Military troops in Basilan. (Single sniper bullet could be a
participants may not engage in combat "except in self- massive retaliation from US in the name of "self-defense")
defense".
US military presence is essentially indefinite and open-ended
All treaties, including MDT and VFA as well as all treaties and -The presidents of both countries declarations suggest a
international agreements to which Philippines is a party must long-drawn conflict without a forseeable end.
be read in the context of the 1987 Constitution. -DND Secretary Reyes that there would be 10 more
exercises that year. (2002)
• Petition and petition-in-intervention are DISMISSED -MILF, MNLF and NPA could possibly be all lumped up as
without prejudice. "terrorists" in a unilateral characterization.
IV. Separate Opinion/s: US military intervention is not the solution to the Mindanao
• Dissenting Opinion by Judge Kapunan problem
-Annihilation of the rebel bandits would be futile quest so long
There is no treaty allowing US troops to engage in combat at the root causes of their criminality are not addressed.
Section 25, Article XVIII of the Constitution provides for the -Presence of US troops in Basilan, whether from legal or
ban of Military Bases and troops in the country except under philosophical and even practical perspective, cannot be
a treaty duly concurred by the Senate and when under justified.
Congress so requires, ratified by a majority of the votes of the -The inevitable "collateral damage" such as killing of women
people in national referendumand recognized as a treaty by and burning of homes would fan the flames of fantacism and
the other contracting State. transform mere rogues into martyrs.
-Training of Filipino soldiers would be more effective if done
Balikatan exerises are not covered by VFA as US troops are outside of Basilan
not allowed to engage in combat -US instead could supply our soliders with modern and high
-Training in Basilan will serve as provocation against ASG tech weaponry.
-US troops in Basilan are described as "on a slippery slope -Lastly, he said that it is erroneous to argue that petitioners
between training and fighting". do not have legal standing over the matter for the issues
-A former Green Beret who is an analyst of Washington's raised are of transcendental importance.
Center for Strategies and Budgetary Assessments notes that
"when troops go out on patrol, they come as close as they Separate Opinion by Judge Panganiban (VOTE to DISMISS)
can to direct combat." -Cases cannot be decided on mere speculation or prophecy.
Decisions of this Court especially in certiorari and prohibition cases
RP-US Balikatan 02-1 Exercises are aimed at seeking out the are issued only if the facts are clear and definite which is not present
ASG and exterminating it. in the current case.
-The country may be dragged into a more devastating and
protracted conflict as a result of continuous presence of US
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