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The document discusses the case of Tañada v. Angara (1997) which deals with the Philippines joining the World Trade Organization (WTO). The main issues are whether joining the WTO is a political question beyond the court's jurisdiction, and whether certain provisions of the WTO Agreement violate the Philippine Constitution. The petitioners argue WTO membership limits Philippine sovereignty and violates the constitutional mandate for an independent national economy. Respondents counter that the cited constitutional provisions are not self-executing and must be read together with provisions allowing international agreements. The Supreme Court ultimately ruled the case justiciable and that WTO membership does not violate the Constitution when properly interpreted.
The document discusses the case of Tañada v. Angara (1997) which deals with the Philippines joining the World Trade Organization (WTO). The main issues are whether joining the WTO is a political question beyond the court's jurisdiction, and whether certain provisions of the WTO Agreement violate the Philippine Constitution. The petitioners argue WTO membership limits Philippine sovereignty and violates the constitutional mandate for an independent national economy. Respondents counter that the cited constitutional provisions are not self-executing and must be read together with provisions allowing international agreements. The Supreme Court ultimately ruled the case justiciable and that WTO membership does not violate the Constitution when properly interpreted.
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The document discusses the case of Tañada v. Angara (1997) which deals with the Philippines joining the World Trade Organization (WTO). The main issues are whether joining the WTO is a political question beyond the court's jurisdiction, and whether certain provisions of the WTO Agreement violate the Philippine Constitution. The petitioners argue WTO membership limits Philippine sovereignty and violates the constitutional mandate for an independent national economy. Respondents counter that the cited constitutional provisions are not self-executing and must be read together with provisions allowing international agreements. The Supreme Court ultimately ruled the case justiciable and that WTO membership does not violate the Constitution when properly interpreted.
Hak Cipta:
Attribution Non-Commercial (BY-NC)
Format Tersedia
Unduh sebagai DOC, PDF, TXT atau baca online dari Scribd
Tañada v. Angara (1997) ISSUE # 1: MATTER OF JURISDICTION: political or
justiciable FACTS: o JUSTICIABLE because it seeks the Petition for certiorari: State action to enter into nullity of a senate resolution on the WTO ground that it contravenes the April 15 1994 – DTI Sec signed in Morocco the Constitution final act embodying the results of multilateral o An act of legislature is alleged to have negotiations regarding the WTO infringed the Constitution: judicial o Aug 12 – Senate receives letter from review not just a matter of right but a President submitting the Uruguay Final duty (within the court’s expanded Act jurisdiction) o Aug 13 – president’ letter submitting o Application of a constitutional provision the Agreement establishing the WTO, o Judiciary as final arbiter on GADLEJ Ministerial Declarations, etc o Judicial review for GADLEJ, not review o Dec 9 – PS 1083, immediate adoption of of the wisdom of a legislative or the Agreement Establishing the WTO executive policy, not upon the merits o Dec 14 – Senate Resolution No. 97, nor propriety of govt policies, ONLY to senate concurring in the ratification by determine WON there has been GADLEJ the president of the agreement WTO AGREEMENT AND ECONOMIC NATIONALISM establishing the WTO o Economic nationalism: violated by the o Dec 29 – present petition was filed parity provisions and national Petitioner argues for the unconstitutionality of treatment clauses in the WTO the WTO: Agreement o WTO requires the Philippines to place o Economic nationalism in Sec 19, Art 2, nationals and products of member- Secs 10 and 12, Art 12 of the Consti countries at par with each other o WTO: places nationals and foreign o WTO limits, intrudes, impairs the products on the same footing as Filipino constitutional powers of both Congress and domestic products in contravention and the SC of the FILIPINO FIRST POLICY o WTO violates the constitutional Render meaningless mandate: to develop a self-reliant and “effectively controlled by independent national economy Filipinos” effectively controlled by Filipinos, to WTO: ensures conformity of national economic give preference to qualified Filipinos laws, regulations, and administrative procedures and to promote preferential use of with its annexed agreements and imposed Filipino labor, domestic materials and obligations locally produced goods o Negate the preferential treatment Petitioner specifically seeks: accorded to Filipino labor, domestic o For the nullification of the concurrence materials and locally produced goods of the Senate with the President’s RESPONDENTS: agreement to join the WTO o Constitutional provisions are not self- o For the prohibition of the enforcement executing, merely policies and implementation of the WTO o Such nationalistic provisions must be read in relation to: Art 12, Sec 1 and ISSUE/s: 13. WON the petition presents a political question o Read properly, the cited WTO provisions WON the members of the Senate who do not violate the Consti participated in the deliberations and voting o WTO agreement contains sufficient leading to the Senate Reso No. 97 are estopped safeguards for developing countries from impugning the validity of the same, or the • Declaration of Principles NOT SELF-EXECUTING Agreement o Article 2 is a mere declaration of WON the provisions of the Agreeement violate principles and state policies – basic the provisions of Sec19, Art 2, and Secs 10 and political creed of the nation 12, Art 12 of the 1987 Consti o Not intended to be self-executing WON the provisions of the Agreement unduly o Used as aids by the judiciary in limit, restrict, and impair the sovereignty of the adjudication, or legislature in Phil Legislature lawmaking WON provisions of the Agreement impair the o Not self-executing provisions, a exercise of judicial power disregard of which cannot give rise to a WON Senate acted with a grave abuse of cause of action in the courts discretion in concurring only in the agreement o Kilosbayan, Inc v. Morato: Do not establishing the WTO embody judicially enforceable constitutional rights but guidelines for SC RULING: legislation I like to move it, move it.. I like to move it, move it… I like to move it, move it… I like to… MOVE IT! Amidst the mountains of cases, may we never forget why we are here in the first place… LegMet / Case Outlines / Wahab 2009c / page 2 o Basco v. Pagcor: broad constitutional o Not economic seclusion nor mendicancy principles need legislative enactments in the international community to implement them o Independence refers to freedom from • WHY? Because of basic considerations of due undue foreign control of the national economy process and the lack of judicial authority to o WTO rules on most favored nation, wade into the unchartered ocean of social and economic policy making (READ OPOSA- national treatment, and trade without Feliciano’s concurring) discrimination – rules of equality and reciprocity applying to all members • ISSUE # 2: ECONOMIC NATIONALISM SHOULD NOT BE READ WITH OTHER CONSTITUTIONAL CONSITUTION FAVORS CONSUMERS NOT MANDATES TO ATTAIN BALANCED DEVELOPMENT INDUSTRIES OR ENTERPRISES OF ECONOMY o WON the WTO/GATT will favor o Sec 10 and 12 of Article 12 should be consumers is a political question; read with relation to Sec 1 and 13 of wisdom of legislative policy the same Article: ideals of economic CONSITUTION DESIGNED TO MEET FUTURE nationalism does not espouse an EVENTS AND CONTINGENCIES isolationist economy but a self-reliant ISSUE # 3: WTO AGREEMENT AND LEGISLATIVE and competent economy, able to POWER compete in foreign markets, and trade o Petitioners: because each member- policies that uphold equality and country is required to conform to the reciprocity, protection of Filipino laws and regulations of the WTO, the enterprises from unfair trade practices lawmaking body of Congress is limited and overbearing foreign competitions to this conformity o AND FURTHER, there are enough o Especially as WTO infringes on the balancing provisions in the Constitution taxation power of Congress: when WTO that allow the Senate to ratify the fixes tariff rates concurrence with the WTO agreement SOVEREIGNTY LIMITED BY INTERNATIONAL LAW • Need fore business exchange AND TREATISES on the bases of equality and o All government authority is inherently reciprocity limited by the fact that it is a member • Protectionist policy only of a family of nations against unfair trade practices o Doctrine of incorporation: the country • Does not encourage entry of is bound by generally accepted foreign goods services, but principles of international law, which does not prohibit them either are considered to be automatically part of the country’s laws WTO RECOGNIZES NEED TO PROTECT WEAK o Authority limited by principles of ECONOMIES o WTO has some built-in advantages to international law and treaty stipulations protect weak and developing countries o Each vote by a member is equal to one, UN CHARTER AND OTHER TREATIES LIMIT equal to any other’s vote, unlike in the SOVEREIGNTY Security Council where major states ISSUE # 4: WTO AND JUDICIAL POWER: have permanent seats and veto powers o In question: WTO TRIPS – Trade Related o Poor countries can protect their Aspects of Intellectual Property Rights economies through one-on-one intrudes on the power of the SC to negotiations with developed countries promulgate rules concerning pleading, o Not mere practical alliances, but real practice and procedures negotiations rooted in law o Burden of proof on proving the SPECIFIC PROVISOS TO PROTECT DEVELOPING authenticity of a patent similar to COUNTRIES something else by another country o Amount of tariff reduction, period o SC upholds said TRIPS, similar to RA within which the reduction is to be 165, Patent Law spread out (page 61) ISSUE#5: CONCURRENCE ONLY IN THE WTO o Export subsidy for agricultural AGREEMENT AND NOT IN OTHER DOCUMENTS production (GATT) CONTAINED IN THE FINAL ACT o Anti-dumping measures, countervailing o Assailed Senate Resolution expressed measures and safeguards against import concurrence in what the Final Act surges required, concurrence of the Senate in the WTO agreement CONSTITUTION DOES NOT RULE OUT FOREIGN o Ministerial Declarations were deemed COMPETITION o Policy of self-reliance does not accepted without being ratified, by virtue of Article 25: Sec 1 of GATT necessarily mean no foreign exchange allowed JUDGMENT: The validity of the assailed resolution is upheld. I like to move it, move it.. I like to move it, move it… I like to move it, move it… I like to… MOVE IT! Amidst the mountains of cases, may we never forget why we are here in the first place… LegMet / Case Outlines / Wahab 2009c / page 3
(NOTE: MISSING CASE OUTLINE OF LEGASPI v. MIN OF FINANCE)
I like to move it, move it.. I like to move it, move it… I like to move it, move it… I like to… MOVE IT! Amidst the mountains of cases, may we never forget why we are here in the first place…