LIM vs. HON. EXECUTIVE SECRETARY G.R. No. 151445

LIM vs. HON. EXECUTIVE SECRETARY

G.R. No. 151445

Facts:

​On Feb. 2002, Lim filed petition for certiorari and prohibition, praying that respondents (US troops) be restrained from proceeding with the so-called “Balikatan 02-1″, and that after due notice and hearing, judgment be rendered issuing a permanent writ ofinjuction and/or prohibition against the deployment of US troops in Basilan and Mindanao for being illegal and in violation of the Constitution.

Petitioners contend that the RP and the US signed the Mutual Defense Treaty to provide mutual military assistance in accordance with the “constitutional processes” of each country only in the case of a armed attack by an external aggressor, meaning a third country, against one of them. They further argued that it cannot be said that the Abu Sayyaf in Basilan constitutes an external aggressor to warrant US military assistance in accordance with MDT of 1951. Another contention was that the VFA of 1999 does not authorize American soldiers to engage in combat operations in Philippine territory.

Moreover, petitioners alleged that “Balikatan-02-1” is not covered by the Mutual Defense Treaty (MDT) between the Philippines and the United States. Petitioners posited that the MDT only provides for mutual military assistance in case of armed attack by an external aggressor against the Philippines or the US. Petitioners also claim that the Visiting Forces Agreement (VFA) does not authorize American Soldiers to engage in combat operations in Philippine Territory.

Issue:

Whether or not the “Balikatan 02-1″ activities are covered by the VFA.

Ruling :

Yes, the MDT is the core of the defense relationship between the Philippines and the US and it is the “VFA” which gives continued relevance to it. Moreover, it is the VFA that gave legitimacy to the current Balikatanexercise, being a mutual anti-terrorism advising assisting and training exercise which falls under the umbrella of sanctioned or allowable activities in the context of the agreement. The constitution leaves us no doubt that US Forces are prohibited from engaging war on Philippine territory. This limitation is explicitly provided for in the Terms of Reference of the Balikatanexercise.