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ArticleIISection2 - LimvsExecSecretary Digest
ArticleIISection2 - LimvsExecSecretary Digest
PETITIONER: Arthur D. Lim 1. Whether or not the petition and the petition-in-inhibition of the joint military
RESPONDENTS: Executive Secretary as Alter Ego of Her Excellency GMA exercise should prosper.
SUMMARY: Pursuant to the Mutual Defense Treaty of the Republic of the RULING:
Philippines and United States of America, a joint military exercise shall be held in
Mindanao starting January 2002. In February 2002, Arthur D. Lim together with The petition and the petition-in-intervention was dismissed without prejudice to the
Paulino Ersando filed a petition and a petition-in-intervention questioning the filing of a new petition sufficient in form and substance in the proper Regional Trial
constitutionality of the joint exercise. Both were dismissed emphasizing that the Court. The joint military operations are only for defense against war not to
joint military operations were merely for defense against war and not to aggressively make war. Respondents in the case at bar have not committed grave abuse
aggressively make war. of discretion amounting to lack or excess of jurisdiction.
FACTS:
1. Beginning January of year 2002, personnel from the armed forces of the
United States of America started arriving in Mindanao to take part, in
conjunction with the Philippine military, in "Balikatan 02-1." These so-called
"Balikatan" exercises are the largest combined training operations involving
Filipino and American troops. In theory, they are a simulation of joint
military maneuvers pursuant to the Mutual Defense Treaty, a bilateral
defense agreement entered by the Philippines and the United States.