You are on page 1of 3

WIGBERTO E. TAADA, ET AL.

, PETITIONERS,
VS.
EDGARDO ANGARA, ET AL., RESPONDENTS.
1997 MAY 2 EN BANC G.R. NO. 118295

FACTS:

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 on the other
hand viewed the WTO agreement as one that limits, restricts and impair Philippine
economic sovereignty and legislative power. That the Filipino First policy of the
Constitution was taken for granted as it gives foreign trading intervention.

ISSUE:

Whether or not there has been a grave abuse of discretion amounting to lack
or excess of jurisdiction on the part of the Senate in giving its concurrence of the
said WTO agreement?

RULING:

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
unity, with all nations. By the doctrine of incorporation, the country is bound by
generally accepted principles of international law, which are considered
automatically part of our own laws. Pacta sunt servanda international agreements
must be performed in good faith. A treaty is not a mere moral obligation but creates
a legally binding obligation on the parties. Through WTO the sovereignty of the
state cannot in fact and reality be considered as absolute because it is a regulation
of commercial relations among nations. Such as when Philippines joined the
United Nations (UN) it consented to restrict its sovereignty right under the
concept of sovereignty as auto limitation. What Senate did was a valid exercise
of authority. As to determine whether such exercise is wise, beneficial or viable is
outside the realm of judicial inquiry and review. The act of signing the said
agreement is not a legislative restriction as WTO allows withdrawal of
membership should this be the political desire of a member.

*********************************
(2)
GREGORIO AGLIPAY, petitioner,
vs.
JUAN RUIZ, respondent.
1937 Mar 13 1st Division G.R. No. 45459

FACTS:

In May 1936, the Director of Posts announced in the dailies of Manila that
he would order the issuance of postage stamps commemorating the celebration in
the City of Manila of the 33rd International Eucharistic Congress, organized by the
Roman Catholic Church. The petitioner, Mons. Gregorio Aglipay, Supreme Head
of the Philippine Independent Church, in the fulfillment of what he considers to be
a civic duty, requested Vicente Sotto, Esq., member of the Philippine Bar, to
denounce the matter to the President of the Philippines. In spite of the protest
of the petitioners attorney, the Director of Posts publicly announced having sent to
the United States the designs of the postage for printing. The said stamps were
actually issued and sold though the greater part thereof remained unsold. The
further sale of the stamps was sought to be prevented by the petitioner.

ISSUE:

Whether the issuance of the postage stamps was in violation of the


Constitution

HELD:

Religious freedom as a constitutional mandate is not inhibition of profound


reverence for religion and is not a denial of its influence in human affairs. Religion
as a profession of faith to an active power that binds and elevates man to his
Creator is recognized. And, in so far as it instills into the minds the purest
principles of morality, its influence is deeply felt and highly appreciated. When the
Filipino people, in the preamble of their Constitution, implored the aid of Divine
Providence, in order to establish a government that shall embody their ideals,
conserve and develop the patrimony of the nation, promote the general welfare,
and secure to themselves and their posterity the blessings of independence under a
regime of justice, liberty and democracy, they thereby manifested their intense
religious nature and placed unfaltering reliance upon Him who guides the destinies
of men and nations. The elevating influence of religion in human society is
recognized here as elsewhere. Act 4052 contemplates no religious purpose in view.
What it gives the Director of Posts is the discretionary power to determine
when the issuance of special postage stamps would be advantageous to the
Government. Of course, the phrase advantageous to the Government does not
authorize the violation of the Constitution; i.e. to appropriate, use or apply of
public money or property for the use, benefit or support of a particular sector
church. In the case at bar, the issuance of the postage stamps was not inspired by
any sectarian feeling to favor a particular church or religious denominations. The
stamps were not issued and sold for the benefit of the Roman Catholic Church, nor
were money derived from the sale of the stamps given to that church. The purpose
of the issuing of the stamps was to take advantage of an event considered of
international importance to give publicity to the Philippines and its people and
attract more tourists to the country. Thus, instead of showing a Catholic chalice, the
stamp contained a map of the Philippines, the location of the City of Manila, and
an inscription that reads Seat XXXIII International Eucharistic Congress, Feb. 3-
7, 1937.

You might also like