G. R. No.

138570October 10, 2000Bayan vs ZamoraCase Digest by Justine Mae Sales

Facts:
The United States panel met with the Philippine panel to discussed, among others, the possibleelements of the
Visiting Forces Agreement (VFA). This resulted to a series of conferences andnegotiations which culminated
on January 12 and 13, 1998. Thereafter, President Fidel Ramosapproved the VFA, which was respectively signed
by Secretary Siazon and United StatesAmbassador Thomas Hubbard.Pres. Joseph Estrada ratified the VFA on
October 5, 1998 and on May 27, 1999, the senate approvedit by (2/3) votes.
Cause of Action:
Petitioners, among others, assert that Sec. 25, Art XVIII of the 1987 constitution is applicable andnot Section
21, Article VII.Following the argument of the petitioner, under they provision cited, the “foreign military
bases,troops, or facilities” may be allowed in the Philippines unless the following conditions aresufficiently
met:a) it must be a treaty, b) it must be duly concurred in by the senate, ratified by a majority of the votes cast
in a nationalreferendum held for that purpose if so required by congress, andc) recognized as such by the other
contracting state

THE FACTS

The Republic of the Philippines and the United States of America entered into an agreement
called the Visiting Forces Agreement (VFA). The agreement was treated as a treaty by the Philippine
government and was ratified by then-President Joseph Estrada with the concurrence of 2/3 of the total
membership of the Philippine Senate.

The VFA defines the treatment of U.S. troops and personnel visiting the Philippines. It provides
for the guidelines to govern such visits, and further defines the rights of the U.S. and the Philippine
governments in the matter of criminal jurisdiction, movement of vessel and aircraft, importation and
exportation of equipment, materials and supplies.

Petitioners argued, inter alia, that the VFA violates §25, Article XVIII of the 1987 Constitution,
which provides that “foreign military bases, troops, or facilities shall not be allowed in the Philippines
except under a treaty duly concurred in by the Senate . . . and recognized as a treaty by the other
contracting State.”

II. THE ISSUE

Was the VFA unconstitutional?

III. THE RULING

[The Court DISMISSED the consolidated petitions, held that the petitioners did not commit
grave abuse of discretion, and sustained the constitutionality of the VFA.]

NO, the VFA is not unconstitutional.

Section 25, Article XVIII disallows foreign military bases, troops, or facilities in the country,
unless the following conditions are sufficiently met, viz: (a) it must be under a treaty; (b) the treaty
must be duly concurred in by the Senate and, when so required by congress, ratified by a majority
of the votes cast by the people in a national referendum; and (c) recognized as a treaty by the other
contracting state.

There is no dispute as to the presence of the first two requisites in the case of the VFA. The
concurrence handed by the Senate through Resolution No. 18 is in accordance with the provisions of
the Constitution . . . the provision in [in §25, Article XVIII] requiring ratification by a majority of the votes
cast in a national referendum being unnecessary since Congress has not required it.

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This Court is of the firm view that the phrase “recognized as a treaty” means that the other
contracting party accepts or acknowledges the agreement as a treaty. To require the other
contracting state, the United States of America in this case, to submit the VFA to the United States
Senate for concurrence pursuant to its Constitution, is to accord strict meaning to the phrase.

Well-entrenched is the principle that the words used in the Constitution are to be given their
ordinary meaning except where technical terms are employed, in which case the significance thus
attached to them prevails. Its language should be understood in the sense they have in common use.

Moreover, it is inconsequential whether the United States treats the VFA only as an executive
agreement because, under international law, an executive agreement is as binding as a treaty. To be
sure, as long as the VFA possesses the elements of an agreement under international law, the said
agreement is to be taken equally as a treaty.

xxx xxx xxx

The records reveal that the United States Government, through Ambassador Thomas C.
Hubbard, has stated that the United States government has fully committed to living up to the terms
of the VFA. For as long as the United States of America accepts or acknowledges the VFA as a treaty,
and binds itself further to comply with its obligations under the treaty, there is indeed marked
compliance with the mandate of the Constitution.