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    Tanada vs. Angara

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    Honorio Bartholomew Chan
    1. This case questions the constitutionality of the Philippines ratifying the WTO agreement through a Senate resolution, arguing it violates provisions on taxation powers, self-reliant economy, and Filipino preference policies. 2. The Court ruled that sovereignty can be limited by international laws and treaties that a country voluntarily agrees to, as membership in the global community necessarily involves certain restrictions. 3. By entering treaties, nations can surrender some state powers in exchange for benefits, and have commonly agreed to limit otherwise absolute rights, so the Philippines did not violate its constitution by partially waiving sovereignty in the WTO agreement.

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    Tanada vs. Angara

    Uploaded by

    Honorio Bartholomew Chan
    1K views2 pages
    1. This case questions the constitutionality of the Philippines ratifying the WTO agreement through a Senate resolution, arguing it violates provisions on taxation powers, self-reliant economy, and Filipino preference policies. 2. The Court ruled that sovereignty can be limited by international laws and treaties that a country voluntarily agrees to, as membership in the global community necessarily involves certain restrictions. 3. By entering treaties, nations can surrender some state powers in exchange for benefits, and have commonly agreed to limit otherwise absolute rights, so the Philippines did not violate its constitution by partially waiving sovereignty in the WTO agreement.

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    1. This case questions the constitutionality of the Philippines ratifying the WTO agreement through a Senate resolution, arguing it violates provisions on taxation powers, self-reliant economy, and Filipino preference policies. 2. The Court ruled that sovereignty can be limited by international laws and treaties that a country voluntarily agrees to, as membership in the global community necessarily involves certain restrictions. 3. By entering treaties, nations can surrender some state powers in exchange for benefits, and have commonly agreed to limit otherwise absolute rights, so the Philippines did not violate its constitution by partially waiving sovereignty in the WTO agreement.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    1K views2 pages

    Tanada vs. Angara

    Uploaded by

    Honorio Bartholomew Chan
    1. This case questions the constitutionality of the Philippines ratifying the WTO agreement through a Senate resolution, arguing it violates provisions on taxation powers, self-reliant economy, and Filipino preference policies. 2. The Court ruled that sovereignty can be limited by international laws and treaties that a country voluntarily agrees to, as membership in the global community necessarily involves certain restrictions. 3. By entering treaties, nations can surrender some state powers in exchange for benefits, and have commonly agreed to limit otherwise absolute rights, so the Philippines did not violate its constitution by partially waiving sovereignty in the WTO agreement.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
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    WIGBERTO TANADA, ET. AL. vs EDGARDO ANGARA, ET. AL.

    Facts: On April 15, 1994 Rizalino Navarro, the Secretary of Department of Trade and Industry representing the Government of the Republic of the Philippines, signed the Final Act Embodying the results of the Uruguay Round of Multilateral Negotiations. By signing the Final Act he bound the Philippines to submit to its respective competent authorities the WTO (World Trade Organization) Agreements to seek approval. On December 14, 1994, the Phillipine Senate adopted Resolution No. 97 to ratify the WTO agreement. This is a petition seeking to nullify the ratification of the World Trade Organization (WTO) Agreement. Petitioners question the concurrence of the respondents acting in their capacities as Senators by signing the said agreement and the constitutionality of the WTO agreement as it derogates from the power to tax, which is lodged in the Congress and violates Sec 19, Article II, providing for the development of a self reliant and independent national economy, and Sections 10 and 12, Article XII, providing for the Filipino first policy. Issues: 1. Whether the provisions of the WTO Agreement and its three annexes contravene with Section 19, Article II, and Sections 10 and 12, Article XII, of the Constitution. 2. Whether sovereignty can be limited by international laws and treaties. Ruling: Sovereignty is limited by International Laws and Treaties. While sovereignty has traditionally been deemed absolute and all-encompassing on the 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 Constitution did not envision a hermit-type isolation of the country from the rest of the world. One of the oldest and most fundamental rules in international law is pacta sunt servanda -international agreements must be performed in good

    faith. A treaty engagement is not a mere moral obligation but creates a legally binding obligation on the parties x x x. A state which has contracted valid international obligations is bound to make in its legislations such modifications as may be necessary to ensure the fulfillment of the obligations undertaken. By their inherent nature, treaties really limit or restrict the absoluteness of sovereignty. By their voluntary act, nations may surrender some aspects of their state power in exchange for greater benefits granted by or derived from a convention or pact. After all, states, like individuals, live with coequals, and in pursuit of mutually covenanted objectives and benefits, they also commonly agree to limit the exercise of their otherwise absolute rights. Thus, 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. A portion of sovereignty may be waived without violating the Constitution, based on the rationale that the Philippines adopts the generally 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.

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