Bayan v. Zamora, G.R. No.

138570, October 10, 2000

DECISION
(En Banc)
BUENA, J.:
I.

THE FACTS

The Republic of the Philippines and the United States of America entered into an
agreement called the Visiting Forces Agreement (VFA). The agreement was treated as
a treaty by the Philippine government and was ratified by then-President Joseph
Estrada with the concurrence of 2/3 of the total membership of the Philippine Senate.
The VFA defines the treatment of U.S. troops and personnel visiting the
Philippines. It provides for the guidelines to govern such visits, and further defines the
rights of the U.S. and the Philippine governments in the matter of criminal jurisdiction,
movement of vessel and aircraft, importation and exportation of equipment, materials
and supplies.
Petitioners argued, inter alia, that the VFA violates 25, Article XVIII of the 1987
Constitution, which provides that foreign military bases, troops, or facilities shall not be
allowed in the Philippines except under a treaty duly concurred in by the Senate . . . and
recognized as a treaty by the other contracting State.
II.

THE ISSUE
Was the VFA unconstitutional?

III. THE RULING

[The Court DISMISSED the consolidated petitions, held that the petitioners did
not commit grave abuse of discretion, and sustained the constitutionality of the VFA.]
NO, the VFA is not unconstitutional.
Section 25, Article XVIII disallows foreign military bases, troops, or facilities in the
country, unless the following conditions are sufficiently met, viz: (a) it must be under
a treaty; (b) the treaty must be duly concurred in by the Senate and, when so
required by congress, ratified by a majority of the votes cast by the people in a national
referendum; and (c) recognized as a treaty by the other contracting state.
There is no dispute as to the presence of the first two requisites in the case of the
VFA. The concurrence handed by the Senate through Resolution No. 18 is in
accordance with the provisions of the Constitution . . . the provision in [in 25, Article

XVIII] requiring ratification by a majority of the votes cast in a national referendum being
unnecessary since Congress has not required it.
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This Court is of the firm view that the phrase recognized as a treaty means
that the other contracting party accepts or acknowledges the agreement as a treaty.
To require the other contracting state, the United States of America in this case, to
submit the VFA to the United States Senate for concurrence pursuant to its Constitution,
is to accord strict meaning to the phrase.
Well-entrenched is the principle that the words used in the Constitution are to be
given their ordinary meaning except where technical terms are employed, in which case
the significance thus attached to them prevails. Its language should be understood in
the sense they have in common use.
Moreover, it is inconsequential whether the United States treats the VFA only as
an executive agreement because, under international law, an executive agreement is as
binding as a treaty. To be sure, as long as the VFA possesses the elements of an
agreement under international law, the said agreement is to be taken equally as a
treaty.
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The records reveal that the United States Government, through Ambassador
Thomas C. Hubbard, has stated that the United States government has fully committed
to living up to the terms of the VFA. For as long as the United States of America accepts
or acknowledges the VFA as a treaty, and binds itself further to comply with its
obligations under the treaty, there is indeed marked compliance with the mandate of the
Constitution.