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  • Vinuya V Romulo

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    Lito Paolo Martin II
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    The petitioners, members of an organization for comfort women victims of World War 2, sought assistance from the Philippine government to file claims against Japan for official apologies and reparations. However, the Executive Department declined, asserting that individual claims had been satisfied by Japan's compliance with the 1951 Treaty of Peace between the countries. The Court held that it could not compel the respondents to espouse the petitioners' claims in international courts, as the conduct of foreign relations is constitutionally vested in the political branches of government, not the judiciary. The wisdom of the Executive Department's decision to waive further claims against Japan in the 1951 treaty was not subject to judicial review.

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    Vinuya v Romulo

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    The petitioners, members of an organization for comfort women victims of World War 2, sought assistance from the Philippine government to file claims against Japan for official apologies and reparations. However, the Executive Department declined, asserting that individual claims had been satisfied by Japan's compliance with the 1951 Treaty of Peace between the countries. The Court held that it could not compel the respondents to espouse the petitioners' claims in international courts, as the conduct of foreign relations is constitutionally vested in the political branches of government, not the judiciary. The wisdom of the Executive Department's decision to waive further claims against Japan in the 1951 treaty was not subject to judicial review.

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    2K views1 page

    Vinuya V Romulo

    Uploaded by

    Lito Paolo Martin II
    The petitioners, members of an organization for comfort women victims of World War 2, sought assistance from the Philippine government to file claims against Japan for official apologies and reparations. However, the Executive Department declined, asserting that individual claims had been satisfied by Japan's compliance with the 1951 Treaty of Peace between the countries. The Court held that it could not compel the respondents to espouse the petitioners' claims in international courts, as the conduct of foreign relations is constitutionally vested in the political branches of government, not the judiciary. The wisdom of the Executive Department's decision to waive further claims against Japan in the 1951 treaty was not subject to judicial review.

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    Vinuya v.

    Romulo GR 162230 April 28, 2010 FACTS y This is an original Petition for Certiorari with an application for the issuance of a writ of preliminary mandatory injunction against the Office of the Executive Secretary, the Secretary of DFA and the OSG. y Petitioners are all members of the MALAYA LOLAS, an organization established for the purpose of providing aid to the victims of rape by Japanese military forces in the Philippines during the Second World War. y Petitioners claim that since 1998, they have approached the Executive Department through the DOJ, DFA and OSG, requesting assistance in filing a claim against the Japanese officials and military officers who ordered the establishment of the comfort women stations in the Philippines. However, officials of the Executive Department declined to assist them and took the position that the individual claims of the comfort women for compensation had already been fully satisfied by Japan s compliance with the Peace Treaty between the Philippines and Japan. ISSUES y WON respondents can be compelled to espouse their claims for official apology and other forms of reparations against Japan before the International Court of Justice and other international tribunals. HELD y NO. The authority for foreign relations matter is vested by the constitution to the political branches of the government and not to the courts. Petitioners cannot assail the said determination by the Executive Department via the instant petition for certiorari. y It is well established that the conduct of foreign relations of our government is committed by the Constitution to the executive and legislative - the political - departments of the government, and propriety of what may be done in the exercise of this political power is not subject to judicial inquiry or decision y In this case, the Executive Department has already decided that it is to the best interest of the country to waive all claims of its nationals for reparations against Japan in the Treaty of Peace of 1951. The wisdom of such decision is not for the courts to question.

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