D E C I S I O N
(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.”
