Case Number 15 Angra V Tanada PDF

Edna P.
Pandi JD-4
Political law review
Tañada vs Angara
Facts
On April 15, 1994, the Philippine Government represented by its Secretary of the
Department of Trade and Industry signed the Final Act binding the Philippine
Government to submit to its respective competent authorities the WTO (World Trade
Organization) Agreements to seek approval for such. On December 14, 1994,
Resolution No. 97 was adopted by the Philippine Senate to ratify the WTO Agreement.
This is a petition assailing the constitutionality of the WTO agreement as it 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.
Petitioners believe that this will be detrimental to the growth of our National
Economy and against to the “Filipino First” policy. The WTO opens access to foreign
markets, especially its major trading partners, through the reduction of tariffs on its
exports, particularly agricultural and industrial products. Thus, provides new
opportunities for the service sector cost and uncertainty associated with exporting and
more investment in the country. These are the predicted benefits as reflected in the
agreement and as viewed by the signatory Senators, a “free market” espoused by
WTO.
Petitioners also contends that it is in conflict with the provisions of our
constitution, since the said Agreement is an assault on the sovereign powers of the
Philippines because it meant that Congress could not pass legislation that would be
good for national interest and general welfare if such legislation would not conform to
the WTO Agreement.
ISSUES:
1. Whether the WTO Agreement violated the mandated economic nationalism by
the Constitution.
2. Whether or not the provisions of the ‘Agreement Establishing the World Trade
Organization and the Agreements and Associated Legal Instruments included
in Annexes one (1), two (2) and three (3) of that agreement’ cited by
petitioners directly contravene or undermine the letter, spirit and intent of
Section 19, Article II and Sections 10 and 12, Article XII of the 1987
Constitution.
3. Whether or not certain provisions of the Agreement unduly limit, restrict or

impair the exercise of legislative power by Congress.
HELD:
1 Although the Constitution mandates to develop a self-reliant and independent
national economy controlled by Filipinos, does not necessarily rule out the entry of
foreign investments, goods and services. It contemplates neither “economic seclusion”
nor “mendicancy in the international community.”
The WTO itself has some built-in advantages to protect weak and developing
economies, which comprise the vast majority of its members. Unlike in the UN where
major states have permanent seats and veto powers in the Security Council, in the
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WTO, decisions are made on the basis of sovereign equality, with each member’s vote
equal in weight to that of any other.
Hence, poor countries can protect their common interests more effectively
through the WTO than through one-on-one negotiations with developed countries.
Within the WTO, developing countries can form powerful blocs to push their economic
agenda more decisively than outside the Organization. Which is not merely a matter of
practical alliances but a negotiating strategy rooted in law. Thus, the basic principles
underlying the WTO Agreement recognize the need of developing countries like the
Philippines to “share in the growth in international trade commensurate with the needs
of their economic development.”
2 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. 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. Paragraph 1, Article 34 of the General Provisions and Basic
Principles of the Agreement on Trade-Related Aspects of Intellectual Property Rights
(TRIPS) may intrudes on the power of the Supreme Court to promulgate rules
concerning pleading, practice and procedures. With regard to Infringement of a design
patent, WTO members shall be free to determine the appropriate method of
implementing the provisions of TRIPS within their own internal systems and processes.
3 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.
The alleged impairment of sovereignty in the exercise of legislative and judicial
powers is balanced by the adoption of the generally accepted principles of international
law as part of the law of the land and the adherence of the Constitution to the policy of
cooperation and amity with all nations. The Senate, after deliberation and voting,
voluntarily and overwhelmingly gave its consent to the WTO Agreement thereby making
it “a part of the law of the land” is a legitimate exercise of its sovereign duty and power.
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Edna P.

3. Whether or not certain provisions of the Agreement unduly limit, restrict or

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