Vinuya v. Romulo, 619 SCRA 533 (2010) : Philippines Japan Philippines Japan

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Vinuya v.

Romulo, 619 SCRA 533 (2010)

FACTS:

Petitioners are all members of the MALAYA LOLAS, a non-stock, non-profit


organization registered with the Securities and Exchange Commission, established
for the purpose of providing aid to the victims of rape by Japanese military forces
in the Philippines during the Second World War. Officials of the Executive Department
declined to assist the petitioners, and took the position that the individual claims of the
comfort women for compensation had already been fully satisfied by Japans compliance
with the Peace Treaty between the Philippines and Japan.

ISSUE:

Can the judiciary compel the executive government to espouse the claim of the
petitioners?

HELD:

No. The International Law Commissions (ILCs) Draft Articles on Diplomatic


Protection fully support this traditional view. They (i) state that "the right of diplomatic
protection belongs to or vests in the State, [59](ii) affirm its discretionary nature by
clarifying that diplomatic protection is a "sovereign prerogative" of the State, and (iii)
stress that the state "has the right to exercise diplomatic protection on behalf of a national.
It is under no duty or obligation to do so. The State, therefore, is the sole judge to decide
whether its protection will be granted, to what extent it is granted, and when will it
cease. It retains, in this respect, a discretionary power the exercise of which may be
determined by considerations of a political or other nature, unrelated to the particular
case.
NATIONAL ARTIST FOR LITERATURE VIRGILIO ALMARIO, et al. v. THE EXECUTIVE
SECRETARY, et al.

FACTS:

Petitioners claim that former President Macapagal-Arroyo gravely abused her


discretion in disregarding the results of the rigorous screening and selection process for the
Order of National Artists and in substituting her own choice for those of the Deliberation
Panels. According to petitioners, the Presidents discretion to name National Artists is not
absolute but limited. In particular, her discretion on the matter cannot be exercised in the
absence of or against the recommendation of the NCCA and the CCP.

ISSUE:

Was there grave abuse of discretion committed by former President?

RULING:

The "power to recommend" includes the power to give "advice, exhortation or


indorsement, which is essentially persuasive in character, not binding upon the party to
whom it is made." Thus, in the matter of the conferment of the Order of National Artists, the
President may or may not adopt the recommendation or advice of the NCCA and the CCP
Boards. In other words, the advice of the NCCA and the CCP is subject to the Presidents
discretion.

Nevertheless, the Presidents discretion on the matter is not totally unfettered, nor the
role of the NCCA and the CCP Boards meaningless. The Presidents power must be
exercised in accordance with existing laws. Section 17, Article VII of the Constitution
prescribes faithful execution of the laws by the President. The Presidents discretion in the
conferment of the Order of National Artists should be exercised in accordance with the duty
to faithfully execute the relevant laws. The faithful execution clause is best construed as an
obligation imposed on the President, not a separate grant of power.
De Castro, et al v. JBC

FACTS:

The President entered into an executive agreement (VFA) with the US. Petitioner
alleges that the concurrence of the Senate is necessary for the VFA to be valid and
effective.

ISSUE:

Are the petitioners allegations correct?

RULING:

No. By constitutional fiat and by the nature of his or her office, the
President, as head of state and government, is the sole organ and authority in the
external affairs of the country.[65] The Constitution vests in the President the power
to enter into international agreements, subject, in appropriate cases, to the
required concurrence votes of the Senate. But as earlier indicated, executive
agreements may be validly entered into without such concurrence. As the
President wields vast powers and influence, her conduct in the external affairs of
the nation is, as Bayan would put it, executive altogether. The right of the
President to enter into or ratify binding executive agreements has been confirmed
by long practice.
Chavez v. Judicial and Bar Council
FACTS:
The President appointed the Chief Justice during the election ban
period.
ISSUE:
Can the President do so?
RULING:
No. Prohibition under Section 15, Article VII does not apply to
appointments to fill a vacancy in the Supreme Court or to other
appointments to the Judiciary. Article VIII is dedicated to the Judicial
Department and defines the duties and qualifications of Members of the
Supreme Court, among others. Section 4(1) and Section 9 of this Article
are the provisions specifically providing for the appointment of Supreme
Court Justices. In particular, Section 9 states that the appointment of
Supreme Court Justices can only be made by the President upon the
submission of a list of at least three nominees by the JBC; Section 4(1)
of the Article mandates the President to fill the vacancy within 90 days
from the occurrence of the vacancy.

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