Article II, Section 2: International Law and Philippine Municipal Law

Treaties and Agreements

Tanada vs Angara (May 2, 1997)
Ponente: Panganiban
Motion: Petition for Certiorari

Background
To hasten worldwide recovery from the devastation of World War II, there were plans for
establishment of three multilateral institutions. They are World Bank for the rehabilitation of war-
ravaged and later developing countries; International Monetary Fund for currency problems; and
International Trade Organization (to foster order and predictability in world trade and to minimize
unilateral protectionalist policies). ITO never materialized and what remained was the General
Agreement on Tariffs and Trades, which was a collection of treaties governing access to the
economies of treaty adherents with no institutionalized body administering the agreements. Later on,
the World Trade Organization became that administering body.
Preisdent Fidel Ramos saw the WTO as a tool for access to foreign markets through the
reduction of tariffs and as an opening for new opportunities in the services sector and the attraction
of more investments in the country.

Facts
In April 15, 1994 Secretary Navarro (respondent) signed the Final Act Embodying the Results
of the Uruguay Round of Multilateral Negotiations in Morroco. The Senate received a letter for its
concurrence in August and on December, the Philippine Senate adopted a resolution to concur the
Agreement Establishing the World Trade Organization. However, the Final Act signed by Secretary
Navarro not only contains the WTO Agreement but also the Ministerial Declarations and Decisions
and the Understanding on Commitments and Financial Services. On December 29, 1994, a petition
was filed.

Issue/s
1. W/N the petition presents a justiciable controversy
2. W/N provisions of the WTO Agreement contravenes the Constitution
! The economic nationalism is being violated by the so-called parity provisions and
national treatment in the WTO agreement. (Petitioner argues)
3. W/N the said Agreement and annexes limit/restrict/impair the exercise of legislative power
4. W/N the provisions unduly interfere with the exercise of judicial power
5. W/N the concurrence of the Senate is valid considering it the agreement did not include the
Final Act
! Yes, through the Resolution No. 97 there was an expressed concurrence in exactly what
the Final Act required of its signatories: concurrence of the Senate of the WTO
agreement
! The MDD were deemed adopted without need for ratification and the UCFS does not
apply to the Philippines

Held: Petition is dismissed for lack of merit
The Senate after deliberating and voting, voluntarily gave its consent to the WTO Agreement thereby
making a part of the law of the land. Such principles even though serving as legislative and judicial
guides, ARE NOT in themselves sources of causes of action or self executing and merely set out
general policies. They need legislative enactments to implement them. (Respondents claim)

By the doctrine of incorporation, the country is bound by the generally accepted principles of
International Law so by their inherent nature, treaties really limit the absoluteness of sovereignty.

Though the concept of autolimitation, we partially surrender our sovereignty for a reciprocal
commitment of the other contracting states in granting the same privileges and immunities to the
Philippines.