CASE DIGEST

TANADA V ANGARA
Constitutional Law I

Court Supreme Court, En Banc

Citation G.R. No. 118285
Date 2 May 1997
Petitioner WIGBERTO TANADA and DOMINIQUE COSETENG ET.AL, petitioners,
Respondent EDGARDO ANGARA ET.AL., respondents.

Relevant topic/s Justiciable Controversy, Constitutional Principles and State Policies, Ratification by the
Senate
SC ruling SC ruled that the petition is dismissed for lack of merit.
Concepts Judicial power includes the duty of the courts of justice to settle actual controversies involving
rights which are legally demandable and enforceable, and to determine whether or not there
has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of
any branch or instrumentality of the government.

Economic self-reliance is a primary objective of a developing country that is keenly aware of

overdependence on external assistance for even its most basic needs.

FACTS:

 On April 15, 1994, Respondent Rizalino Navarro, Secretary of the Department of Trade and Industry (DTI)
representing the Government of the Republic of the Philippines signed in Marrakesh, Morocco, the Final Act
embodying the Results of the Uruguay Round of Multilateral Negotiations.
 By signing the Final Act, Sec. Navarro on behalf of the Philippines agreed: a) to submit the World Trade
Organization for the consideration of their respective competent authorities, with a view seeking approval of
the agreement in accordance with their procedures, and: b) to adopt the Ministerial Declarations and
Decisions
 On August 12, 1994, members of the Philippine Senate received a letter dated August 11, 1994 from the
President of the Republic of the Philippines stating that the Uruguay Round Final Act is hereby submitted to
the Senate for its concurrence
 On August 13, 1994, members of the Philippine Senate received another letter from the President which
stated that the Uruguay Round Final Act, the Agreement Establishing the World Trade Organization, the
Ministerial Declarations and Decisions and the Understanding on Commitments in Financial Services are
submitted to the Senate for its concurrence.
 On December 9, 1994, the President of the Philippines certified the necessity of the immediate adoption of
PS 1083, a resolution entitled “Concurring the Ratification of the Agreement Establishing the World Trade
Organization”
 On December 14, 1994, Philippine Senate adopted Resolution No. 97, agreement establishing the World
Trade Organization.

Petitioners’ Complaint Respondent’s Response RTC Ruling

Petitioners argue that the “letter, spirit and intent” of Solicitor General counter:
the Constitution mandating “economic nationalism” (1) that such Charter provisions
are violated by the so-called “parity provisions” and are not selfexecuting and merely
“national treatment” clauses scattered in parts of WTO set out general policies;
Agreement (2) that these nationalistic portions
of the Constitution invoked by
Sec. 19, Art II: The State shall develop a self-reliant petitioners should not be read in
and independent national economy effectively isolation but should be related to
controlled by Filipinos.
other relevant provisions of Art.
XII, particularly Secs. 1 and 13
Sec. 10, Art XII: Congress shall enact measures that
thereof;
will encourage the formation and operation of
enterprises whose capital is wholly owned by (3) that read properly, the cited
Filipinos.In the grant of rights, privileges, and WTO clauses do not conflict with
concessions covering the national economy and Constitution; and
patrimony, the State shall give preference to qualified (4) that the WTO Agreement
Filipinos. contains sufficient provisions to
protect developing countries like
Sec. 12, Art XII: The State shall promote the the Philippines from the
preferential use of Filipino labor, domestic materials harshness of sudden trade
and locally produced goods, and adopt measures that liberalization.
help make them competitive.”
ISSUE-HELD-RATIO:

ISSUE AND HELD RATIO

W/N the petition YES.
present a  Where an action of the legislative branch is seriously alleged to have infringed the
justiciable Constitution, it becomes not only the right but in fact the duty of the judiciary to settle
controversy, does the dispute.
the petition raises  It is the power and duty of the judicial department to strike down grave abuse of
a political question discretion on the past of any branch or instrumentality of government including the
which the court Congress.
has no jurisdiction

W/N the NO.

provisions of the  The provisions are not self-executing, it merely guides in the exercise of judicial
WTO agreement review in making laws.
and its three  Sections 10 and 12 of Article 12 should not be read and understood in relation to
annexes the other sanctions in the said article.
contravene Sec.  WTO recognizes the need to protect weak economies, the decisions are made in
19, Article 2, Secs. the basis of sovereign equality with each member vote equal in weight.
10 and 12, Article  Specific WTO provisions protect developing countries.
12 of the  The constitution does not rule out foreign competition, encourages industries that
Constitution are competitive in both domestic and foreign markets.
 The courts will not pass upon the advantage and disadvantages of trade
liberalization in an economic policy.
W/N the NO.
provisions of said  A portion of sovereignty may be waived without violating the Constitution.
agreement and its  While sovereignty has traditionally been deemed absolute and all-encompassing on the
annexes limit, domestic level, it is however subject to restrictions and limitations voluntarily agreed to
restrict or impair by the Philippines, expressly or impliedly, as a member of the family of nations.
the exercises of  The sovereignty of a state therefore cannot in fact and in reality be considered
legislative power absolute. Certain restrictions enter into the picture: limitations imposed by the nature of
by Congress membership in the family of nations & limitations imposed by treaty stipulations.

W/N said YES.

provisions unduly  Paragraph 1 of Article 34 of the General Provisions and Basic Principles of the
impair or interfere Agreement on Trade-Related aspects of Intellectual Property Rights (TRIPS)
with the exercise intrudes on the power of the SC to promulgate rules concerning pleading, practice
of judicial power and procedures.
by the Court in  The burden of proof contemplated by Article 34 should actually be understood as
promulgating rules the duty of the alleged patent infringer to overthrow the presumption.
on evidence  Since the Philippine is a signatory to most international conventions on patents,
trademarks and copyrights, the adjustment in legislation will not be substantial.

W/N the NO.

concurrence of the  The Senate concurrence in the WTO agreement and its annexes but not in the
Senate in the other documents referred to in the final act – is defective and insufficient and thus
WTO agreement constitutes abuse of discretion.
and its annexes  Assailed Senate Resolution No. 97 expressed concurrence in exactly what the
sufficient and/or final act required from its signatories.
valid