Scribd Logo
Upload

Welcome to Scribd!

  • Doctrine:: Isabelita Vinuya, Et Al. v. The Hon. Executive Secretary Alberto Romulo, Et. Al

    Uploaded by

    Perla Viray
    52 views2 pages
    This case involves a petition filed by members of MALAYA LOLAS, an organization representing "comfort women" who were victims of rape by Japanese military forces during World War II. The petitioners requested that the Philippine government espouse their claims for crimes against humanity, war crimes, an official apology, and other reparations against Japan before international courts. However, the Executive Department declined to assist, asserting that individual claims had already been satisfied. The Supreme Court ruled that the conduct of foreign relations is committed to the executive and legislative branches under the Constitution, and the Court will not question the wisdom of the Executive Department's determination not to pursue the claims in order to maintain stability in foreign relations with Japan.

    Original Description:

    Original Title

    2

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    This case involves a petition filed by members of MALAYA LOLAS, an organization representing "comfort women" who were victims of rape by Japanese military forces during World War II. The petitioners requested that the Philippine government espouse their claims for crimes against humanity, war crimes, an official apology, and other reparations against Japan before international courts. However, the Executive Department declined to assist, asserting that individual claims had already been satisfied. The Supreme Court ruled that the conduct of foreign relations is committed to the executive and legislative branches under the Constitution, and the Court will not question the wisdom of the Executive Department's determination not to pursue the claims in order to maintain stability in foreign relations with Japan.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    52 views2 pages

    Doctrine:: Isabelita Vinuya, Et Al. v. The Hon. Executive Secretary Alberto Romulo, Et. Al

    Uploaded by

    Perla Viray
    This case involves a petition filed by members of MALAYA LOLAS, an organization representing "comfort women" who were victims of rape by Japanese military forces during World War II. The petitioners requested that the Philippine government espouse their claims for crimes against humanity, war crimes, an official apology, and other reparations against Japan before international courts. However, the Executive Department declined to assist, asserting that individual claims had already been satisfied. The Supreme Court ruled that the conduct of foreign relations is committed to the executive and legislative branches under the Constitution, and the Court will not question the wisdom of the Executive Department's determination not to pursue the claims in order to maintain stability in foreign relations with Japan.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    of 2

    Isabelita Vinuya, et al. v. The Hon. Executive Secretary Alberto Romulo, et. al.

    DOCTRINE:

    The question whether the Philippine government should espouse claims of its nationals against
    a foreign government is a foreign relations matter, the authority for which is demonstrably
    committed by our Constitution not to the courts but to the political branches. The President is
    the sole organ of the nation in its external relations, and its sole representative with foreign
    relations.

    FACTS:

    Petitioners are all members of 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.

    Petitioners claim that since 1998, they have approached the Executive Department through the
    DOJ, DFA, and OSG, requesting assistance in filing a claim against the Japanese officials and
    military officers who ordered the establishment of the "comfort women" stations in the
    Philippines. However, officials of the Executive Department declined to assist the petitioners.
    Said officials contended that the individual claims of the comfort women for compensation had
    already been fully satisfied by Japan's compliance with the Peace Treaty between the
    Philippines and Japan.

    ISSUE/S
    WON the Executive Department committed grave abuse of discretion in not espousing
    petitioners’ claims for:
    (a) the crimes against humanity and war crimes committed against them;
    (b) for official apology; and,
    (c) other forms of reparations against Japan before the International Court of Justice (ICJ) and
    other international tribunals

    HELD:

    NO. The authority for foreign relations matter is vested by the Constitution to the political
    branches of the government and not to the courts. Petitioners cannot assail said determination
    by the Executive Department via instant petition by certiorari.

    It is well-established that the conduct of foreign relations of our government is committed by the
    Constitution to the executive and legislative – the political department of the government, and
    propriety of what may be done in the exercise of this political power is not subject to judicial
    inquiry.

    In this case, the Executive Department has already decided that it is to the best interest of the
    country to waive all claims of its nationals for reparations against Japan in the Treaty of Peace
    of 1951. The wisdom of such decision is not for the courts to question. Neither could petitioners
    herein assail the said determination by the Executive Department via the instant petition for
    certiorari.
    The Executive Department has determined that taking up petitioners' cause would be inimical to
    our country's foreign policy interests, and could disrupt our relations with Japan, thereby
    creating serious implications for stability in this region. For us to overturn the Executive
    Department's determination would mean an assessment of the foreign policy judgments by a
    coordinate political branch to which authority to make that judgment has been constitutionally
    committed.

    You might also like