ARTHUR D. LIM vs. HON. EXECUTIVE SECRETARY (G.R. No. 151445) Case Digest

Facts:

 

Arthur D. Lim and Paulino P. Ersando filed a petition for certiorari and prohibition attacking the constitutionality of “Balikatan-02-1”. They were subsequently joined by SANLAKAS and PARTIDO NG MANGGAGAWA, both party-list organizations, who filed a petition-in-intervention. Lim and Ersando filed suits in their capacities as citizens, lawyers and taxpayers. SANLAKAS and PARTIDO on the other hand, claimed that certain members of their organization are residents of Zamboanga and Sulu, and hence will be directly affected by the operations being conducted in Mindanao.

The petitioners alleged that “Balikatan-02-1” is not covered by the Mutual Defense Treaty (MDT) between the Philippines and the United States. Petitioners posited that the MDT only provides for mutual military assistance in case of armed attack by an external aggressor against the Philippines or the US. Petitioners also claim that the Visiting Forces Agreement (VFA) does not authorize American Soldiers to engage in combat operations in Philippine Territory.

Issue:

Is the “Balikatan-02-1” inconsistent with the Philippine Constitution?

Ruling:

The MDT is the core of the defense relationship between the Philippines and the US and it is the VFA which gives continued relevance to it. Moreover, it is the VFA that gave legitimacy to the current Balikatan exercise. 

The constitution leaves us no doubt that US Forces are prohibited from engaging war on Philippine territory. This limitation is explicitly provided for in the Terms of Reference of the Balikatan exercise. The issues that were raised by the petitioners was only based on fear of future violation of the Terms of Reference. 

Based on the facts obtaining, the Supreme court find that the holding of “Balikatan-02-1” joint military exercise has not intruded into that penumbra of error that would otherwise call for the correction on its part.

The petition and the petition-in-intervention is DISMISSED.