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The Court also found that RA 8762 has provided for strict safeguards on foreign
participation in retail trade.
Beginning January of this year 2002, 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." These so-called "Balikatan" exercises are the
largest combined training operations involving Filipino and American troops. In
theory, they are a simulation of joint military maneuvers pursuant to the Mutual
Defense Treaty, a bilateral defense agreement entered into by the Philippines and
the United States in 1951.
The entry of American troops into Philippine soil is proximately rooted in the
international anti-terrorism campaign declared by President George W. Bush in
reaction to the tragic events that occurred on September 11, 2001.
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. They were joined subsequently by SANLAKAS and PARTIDO NG
MANGGAGAWA, both party-Iist organizations, who filed a petition-in-intervention on
February 11, 2002.
Held: The Court held that no doubt that the US forces are prohibited / from engaging
in an offensive war on Philippine territory. Yet a nagging question remains: are
American troops actively engaged in combat alongside Filipino soldiers under the
guise of an alleged training and assistance exercise? The Court cannot take judicial
notice of the events transpiring down south, as reported from the saturation
coverage of the media. As a rule, it does not take cognizance of newspaper or
electronic reports per se, not because of any issue as to their truth, accuracy, or
impartiality, but for the simple reason that facts must be established in accordance
with the rules of evidence. It cannot accept, in the absence of concrete proof,
petitioners' allegation that the Arroyo government is engaged in "doublespeak" in
trying to pass off as a mere training exercise an offensive effort by foreign troops on
native soil. The petitions invite the Court to speculate on what is really happening in
Mindanao. Wherefore, the petition and the petition-in-intervention were dismissed