STATUTORY CONSTRUCTION

A.Y. 1819– ATTY. ALIMURUNG

TOPIC Law does not distinguish, Court should not
distinguish
CASE NO. G.R. No. 138570
CASE NAME Bayan v Zamora
PONENTE Buena, J.
PETITIONER Bagong Alyansang Makabayan (BAYAN), et. al.
RESPONDENT Executive Secretary Ronaldo Zamora
TYPE OF Petition for Certiorari and Prohibition
CASE
MEMBER Pierre Macalino
ISSUE
1. W/N the VFA is governed by the provisions of Section 21, Article 7
or of Section 25, Article 18 of the Constitution? Article 18, Section
25. However, the provisions of Section 21, Article 7 will find
applicability with regard to the issue and for the sole purpose of
determining the number of votes required to obtain the valid
concurrence of the Senate.
2. W/N Article 18, Section 25 is controlling even if there were no
foreign military bases involved in the VFA? YES
EASY TO UNDERSTAND
(since this case was mostly procedural)
US and PH has a history of military agreements: from the Military Bases
Agreement to the Mutual Defense Treaty. In 1997, to negotiate a possible
extension, the US and PH had an exchange-of-notes for the VFA. An exchange-
of-notes is essentially an exchange of proposed provisions to the other party for
the concurrence of both. The VFA was ultimately ratified by President Estrada
and concurred in by 2/3 of the Senate, effectively entering the treaty into force.
Main issue is which provision of the Constitution should apply – one which
needs 2/3 concurrence or one which needs “duly concurred”?. As for the more
StatCon issue, Art. 18, Section 25 had a segment which said, “xxx foreign
military bases, troops, or facilities.” Does this mean that all three have to be
present for the law to be effective? Check ratio 2.
RELEVANT FACTS
• In 1947, the Philippines and United States Forged a Military Bases
Agreement which allowed the use of installations in the Philippine
territory by United States military personnel.
• In 1951, Philippines and the United states entered a Mutual Defense
Treaty. Under the treaty, PH and US agreed to respond to any
external armed attack on their territory, armed forces, public vessels,
and aircraft.
• In 1997, there was an exchange-of-notes by US Defense Assistant
Secretary for Asia Pacific Kurt Campbell and Foreign Affairs
Undersecretary Rodolfo Severino, Jr. This was a negotiation for the
VFA.
• In 1998, President Joseph Estrada ratified the VFA through the Sec
of Foreign Affairs Exec. Secretary Ronaldo Zamora. The treaty was
sent to the Senate for concurrence pursuant to Article 7, Section
21 of the Constitution (No treaty or international agreement shall
be valid and effective unless concurred in by at least two-thirds of
all the Members of the Senate).
• The proposed senate resolution was approved by 2/3 of the Senate.
• In June 1, 1999, VFA officially entered into force after an
Exchange-Of-Notes between Secretary Siazon and Unite States
Ambassador Hubbard.
What is the VFA? It is an agreement which defines the treatment of US
troops and personnel visiting the PH. It provides for guidelines to govern
such visits and further defines the rights of the US and the PH government
in the matter of criminal jurisdiction, movement of vessel and aircraft,
importation and exportation of equipment, materials, and supplies.
RATIO DECIDENDI
1. W/N the VFA is governed by the provisions of Article 7, Section 21or
of Article 18, Section 25 of the Constitution? Article 18, Section 25.
However, the provisions of Section 21, Article 7 will find applicability
with regard to the issue and for the sole purpose of determining the

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 STATUTORY CONSTRUCTION
A.Y. 1819– ATTY. ALIMURUNG
number of votes required to obtain the valid concurrence of the FR. BERNAS. Yes.
Senate.
Article 18, Section 25 specifically deals with foreign military bases,
troops, or facilities. In both provisions, the concurrence of the Senate is
mandatory to comply with strict constitutional requirements. Art. 7, Sec.
21 will be the one to determine the votes required to obtain the
“concurrence” as stated in Art. 18, Sec. 25:
xxx foreign military bases, troops, or facilities shall not be allowed
in the Philippines except under a treaty duly concurred in by the senate
xxx StatCon: Lex specialis derogate generali. A special provision or law
prevails over a general one. Check doctrine/precedent.
2. W/N Article 18, Section 25 is controlling even if there were no foreign
military bases involved in the VFA considering Art. 18, Sec. 25 covers
“xxx foreign military bases, troops, or facilities.”? YES
The clause does not refer to foreign military bases, troops, or facilities
collectively but treats them as separate and independent subjects. The use of
comma and the disjunctive word or clearly signifies disassociation and
independence of one thing from the others included in the enumeration,
such that, the provision contemplates three different situations - a military
treaty the subject of which could be EITHER (a) foreign bases, (b) foreign
troops, or (c) foreign facilities - any of the three standing alone places it
under the coverage of Section 25, Article XVII. Deliberations of the 1986
Constitutional Commission is also consistent with this.
MR. MAAMBONG. I just want to address a question or two to Commissioner
Bernas. This formulation speaks of three things: foreign military bases,
troops or facilities. My first question is: If the country does enter into such
kind of a treaty, must it cover the three-bases, troops or facilities-or could
the treaty entered into cover only one or two?
FR. BERNAS. Definitely, it can cover only one. Whether it covers only
one or it covers three, the requirement will be the same.
MR. MAAMBONG. In other words, the Philippine government can
enter into a treaty covering not bases but merely troops?
DISPOSITIVE PORTION
Wherefore, the instant petitions are DISMISSED.
DOCTRINE/PRECEDENT
Lex specialis derogate generali: where there is in the same statute a
particular enactment and also a general one, which, in its most
comprehensive sense, would include what is embraced in the former, the
particular enactment must be operative and the general enactment must
be taken to affect only such cases within its general language which are not
within the provision of the particular enactment.
Ubi lex non distinguit nec nos distinguire: when no distinction is made by
law, the Court should not distinguish.
STATUTORY CONSTRUCTION
Two StatCon elements in this case:
First, Art. 18 should be read in the light of Art. 7. So, the “duly concurred”
phrase in Art. 18 should be qualified by the “2/3” of Art. 7.
Second, the argument is that since there were no military bases in the VFA,
Art. 18, Sec 25 should not apply. The basis for this is that this provision
mentioned three elements – separated by commas. This is the foreign
military bases, troops, or facilities. The contention was that in the absence
of one of them, the entire law should not apply
OTHER RELEVANT LAWS
Article 7, Section 21: No treaty or international agreement shall be valid
and effective unless concurred in by at least two-thirds of all the Members
of the Senate
Article 18, Section 25: After the expiration in 1991 of the Agreement
between the Republic of the Philippines and the United States of America
concerning Military Bases, foreign military bases, troops, or facilities shall
not be allowed in the Philippines except under a treaty duly concurred in by
the senate and, when the Congress so requires, ratified by a majority of the
votes cast by the people in a national referendum held for that purpose, and
recognized as a treaty by the other contracting State.