Case Brief - Tanada Vs Angara

Case Brief: Tanada v Angara
NOVEMBER 24, 2014JEFF REY

G.R. No. 118295 May 2, 1997
WIGBERTO E. TAÑADA et al, petitioners,
vs.
EDGARDO ANGARA, et al, respondents.
Facts:
Petitioners prayed for the nullification, on constitutional grounds, of the
concurrence of the Philippine Senate in the ratification by the President of the
Philippines of the Agreement Establishing the World Trade Organization
(WTO Agreement, for brevity) and for the prohibition of its implementation
and enforcement through the release and utilization of public funds, the
assignment of public officials and employees, as well as the use of government
properties and resources by respondent-heads of various executive offices
concerned therewith.
They contended that WTO agreement violates the mandate of the 1987
Constitution to “develop a self-reliant and independent national economy
effectively controlled by Filipinos x x x (to) give preference to qualified
Filipinos (and to) promote the preferential use of Filipino labor, domestic
materials and locally produced goods” as (1) the WTO requires the Philippines
“to place nationals and products of member-countries on the same footing as
Filipinos and local products” and (2) that the WTO “intrudes, limits and/or
impairs” the constitutional powers of both Congress and the Supreme Court.
Issue:
Whether provisions of the Agreement Establishing the World Trade
Organization unduly limit, restrict and impair Philippine sovereignty
specifically the legislative power which, under Sec. 2, Article VI, 1987
Philippine Constitution is ‘vested in the Congress of the Philippines.
Held:
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.
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. In its
Declaration of Principles and State Policies, the Constitution “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.” By the doctrine of incorporation, the country is bound
by generally accepted principles of international law, which are considered to
be automatically part of our own laws. 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. 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.

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Case Brief: Tanada v Angara

NOVEMBER 24, 2014JEFF REY

EDGARDO ANGARA, et al, respondents.

While sovereignty has traditionally been deemed absolute and all-

By their inherent nature, treaties really limit or restrict the absoluteness of

WHEREFORE, the petition is DISMISSED for lack of merit.

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