TAÑADA vs.

ANGARA
Historical Background
Historical Background

 Tree multilateral institutions:

World Bank - to address the rehabilitation and reconstruction
of war-ravaged and later developing countries
International Monetary Fund (IMF) - to deal with currency
problems
International Trade Organization (ITO) - to foster order and
predictability in world trade and to minimize unilateral
protectionist policies that invite challenge, even retaliation,
from other states
Facts

 On April 15, 1994, Respondent Rizalino Navarro, then Secretary of The

Department of Trade and Industry, 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 (Final Act, for brevity)
binding the Philippine Government to submit to its respective competent
authorities the WTO (World Trade Organization) Agreements to seek approval for
such.

 On December 14, 1994, Resolution No. 97 was adopted by the Philippine Senate
ratifying such WTO Agreement.
Facts

 Petitioners on the other hand viewed the WTO agreement as one that limits,
restricts and impair Philippine economic sovereignty and legislative power. That
the Filipino First policy of the Constitution was taken for granted as it gives
foreign trading intervention.

 Thus, this petition seeking to nullify the Philippine ratification of the World Trade
Organization (WTO) Agreement. Petitioners question the concurrence of herein
respondents acting in their capacities as Senators by signing the said agreement.
Issue no. 1

 DO THE PROVISIONS OF THE WTO AGREEMENT AND ITS THREE

ANNEXES CONTRAVENE SEC. 19, ARTICLE II, AND SECS. 10 AND 12,
ARTICLE XII, OF THE PHILIPPINE CONSTITUTION?
Issue

 Specifically, the "flagship" constitutional provisions referred to are Sec 19, Article
II, and Secs. 10 and 12, Article XII, of the Constitution, which are worded as
follows:

Article II
DECLARATION OF PRINCIPLES AND STATE POLICIES

Sec. 19. The State shall develop a self-reliant and independent

national economy effectively controlled by Filipinos.
xxx xxx xxx
Issue

Article XII
NATIONAL ECONOMY AND PATRIMONY
xxx xxx xxx
Sec. 10. . . . The Congress shall enact measures that will encourage the formation
and operation of enterprises whose capital is wholly owned by Filipinos.
In the grant of rights, privileges, and concessions covering the national economy
and patrimony, the State shall give preference to qualified Filipinos.
xxx xxx xxx
Sec. 12. The State shall promote the preferential use of Filipino labor, domestic
materials and locally produced goods, and adopt measures that help make them
competitive.
Issue

 Petitioners aver that these sacred constitutional principles are desecrated by the
following WTO provisions quoted in their memorandum, "national treatment" and
"parity provisions" of the WTO Agreement "place nationals and products of
member countries on the same footing as Filipinos and local products," in
contravention of the "Filipino First" policy of the Constitution.
Issue

 They allegedly render meaningless the phrase "effectively controlled by

Filipinos." The constitutional conflict becomes more manifest when viewed in the
context of the clear duty imposed on the Philippines as a WTO member to ensure
the conformity of its laws, regulations and administrative procedures with its
obligations as provided in the annexed agreements. Petitioners further argue that
these provisions contravene constitutional limitations on the role exports play in
national development and negate the preferential treatment accorded to Filipino
labor, domestic materials and locally produced goods.
Issue

 On the other hand, respondents through the Solicitor General counter (1) that such
Charter provisions are not self-executing and merely set out general policies; (2)
that these nationalistic portions of the Constitution invoked by petitioners should
not be read in isolation but should be related to other relevant provisions of Art.
XII, particularly Secs. 1 and 13 thereof; (3) that read properly, the cited WTO
clauses do not conflict with Constitution; and (4) that the WTO Agreement
contains sufficient provisions to protect developing countries like the Philippines
from the harshness of sudden trade liberalization.
Ruling

 Declaration of Principles -Not Self-Executing

 By its very title, Article II of the Constitution is a "declaration of principles and state
policies." The counterpart of this article in the 1935 Constitution is called the "basic
political creed of the nation" by Dean Vicente Sinco. These principles in Article II are
not intended to be self-executing principles ready for enforcement through the courts.
Ruling

 They are used by the judiciary as aids or as guides in the exercise of its power of
judicial review, and by the legislature in its enactment of laws. As held in the
leading case of Kilosbayan, Incorporated vs. Morato, the principles and state
policies enumerated in Article II and some sections of Article XII are not "self-
executing provisions, the disregard of which can give rise to a cause of action in
the courts. They do not embody judicially enforceable constitutional rights but
guidelines for legislation."
Ruling
 Economic Nationalism Should Be Read with other Constitutional Mandates to Attain Balanced
Development of Economy

 On the other hand, Secs. 10 and 12 of Article XII, apart from merely laying down general principles
relating to the national economy and patrimony, should be read and understood in relation to the other
sections in said article, especially Secs. 1 and 13 thereof which read:
Sec. 1. The goals of the national economy are a more equitable distribution of opportunities,
income, and wealth; a sustained increase in the amount of goods and services produced by the nation
for the benefit of the people; and an expanding productivity as the key to raising the quality of life
for all especially the underprivileged.
The State shall promote industrialization and full employment based on sound agricultural
development and agrarian reform, through industries that make full and efficient use of human and
natural resources, and which are competitive in both domestic and foreign markets. However, the
State shall protect Filipino enterprises against unfair foreign competition and trade practices.
In the pursuit of these goals, all sectors of the economy and all regions of the country shall be
given optimum opportunity to develop. . . .
Ruling

Sec. 13. The State shall pursue a trade policy that serves the
general welfare and utilizes all forms and arrangements of exchange
on the basis of equality and reciprocity.
Ruling

 As pointed out by the Solicitor General, Sec. 1 lays down the basic goals of
national economic development, as follows:
1. A more equitable distribution of opportunities, income and wealth;
2. A sustained increase in the amount of goods and services provided by the
nation for the benefit of the people; and
3. An expanding productivity as the key to raising the quality of life for all
especially the underprivileged.
Ruling

 The Constitution did not intend to pursue an isolationist policy. It did not shut out
foreign investments, goods and services in the development of the Philippine
economy. While the Constitution does not encourage the unlimited entry of
foreign goods, services and investments into the country, it does not prohibit them
either. In fact, it allows an exchange on the basis of equality and reciprocity,
frowning only on foreign competition that is unfair.
Issue no. 2

 Whether or not certain provisions of the Agreement unduly limit, restrict or

impair the exercise of legislative power by Congress.

 The WTO Agreement provides that "each Member shall ensure the conformity of its
laws, regulations and administrative procedures with its obligations as provided in the
annexed Agreements."
Ruling

 This Court notes and appreciates the ferocity and passion by which petitioners
stressed their arguments on this issue. However, while sovereignty has
traditionally been deemed absolute and all-encompassing on the domestic level, it
is however subject to restrictions and limitations voluntarily agreed to by the
Philippines, expressly or impliedly, as a member of the family of nations.
 Unquestionably, the Constitution did not envision a hermit-type isolation of the
country from the rest of the world. In its Declaration of Principles and State
Policies, the Constitution "adopts the generally accepted principles of
international law as part of the law of the land, and adheres to the policy of peace,
equality, justice, freedom, cooperation and amity, with all nations."
Ruling

 The sovereignty of a state therefore cannot in fact and in reality be considered

absolute.
 Certain restrictions enter into the picture:
 (1) limitations imposed by the very nature of membership in the family of nations and
 (2) limitations imposed by treaty stipulations.
Ruling

 Thus, when the Philippines joined the United Nations as one of its 51 charter
members, it consented to restrict its sovereign rights under the "concept of
sovereignty as auto-limitation."

The point is that, as shown by the foregoing treaties, a portion of sovereignty may be
waived without violating the Constitution, based on the rationale that the Philippines
"adopts the generally accepted principles of international law as part of the law of the
land and adheres to the policy of . . . cooperation and amity with all nations."
Epilogue

 In praying for the nullification of the Philippine ratification of the WTO

Agreement, petitioners are invoking this Court's constitutionally imposed duty "to
determine whether or not there has been grave abuse of discretion amounting to
lack or excess of jurisdiction" on the part of the Senate in giving its concurrence
therein via Senate Resolution No. 97. Procedurally, a writ of certiorari grounded
on grave abuse of discretion may be issued by the Court under Rule 65 of the
Rules of Court when it is amply shown that petitioners have no other plain,
speedy and adequate remedy in the ordinary course of law.
Epilogue

 That the Senate, after deliberation and voting, voluntarily and overwhelmingly
gave its consent to the WTO Agreement thereby making it "a part of the law of
the land" is a legitimate exercise of its sovereign duty and power. We find no
"patent and gross" arbitrariness or despotism "by reason of passion or personal
hostility" in such exercise. It is not impossible to surmise that this Court, or at
least some of its members, may even agree with petitioners that it is more
advantageous to the national interest to strike down Senate Resolution No. 97.
Epilogue

 But that is not a legal reason to attribute grave abuse of discretion to the Senate
and to nullify its decision. To do so would constitute grave abuse in the exercise
of our own judicial power and duty. Ineludibly, what the Senate did was a valid
exercise of its authority. As to whether such exercise was wise, beneficial or
viable is outside the realm of judicial inquiry and review. That is a matter between
the elected policy makers and the people. As to whether the nation should join the
worldwide march toward trade liberalization and economic globalization is a
matter that our people should determine in electing their policy makers. After all,
the WTO Agreement allows withdrawal of membership, should this be the
political desire of a member.