149015853 publ international-law

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Tiongson, Angelique Bien S.
Public International Law
CASE DIGEST
Secretary of Justice vs. Hon. Ralph C. Lantion, GR. 139465 January 18, 2000
FACTS:
President Ferdinand E. Marcos issued Presidential Decree No. 1069 "Prescribing the
Procedure for the Extradition of Persons Who Have Committed Crimes in a Foreign Country".

The Decree is based on the doctrine of incorporation under the Constitution. Subsequently,
former Secretary of Justice of the Philippines, signed in Manila the Extradition Treaty between
the Government of the Republic of the Philippines and the Government of the United States of
America. Subsequently, the Department of Justice received from the Department of Foreign
Affairs of the United States requesting for the extradition of Mark Jimenez which was for
various crimes in violation of US laws. In compliance with the related municipal law,
specifically Presidential Decree No. 1069 and the established “Extradition Treaty Between the
Government of the Philippines and the Government of the United States of America”, the
department proceeded with the designation of a panel of attorneys to conduct a technical
evaluation and assessment as provided for in the presidential decree and the treaty.
The respondent requested for a copy of the official extradition request as well as the
documents and papers submitted therein. The petitioner on the other hand, denied the request as
it alleges that such information is confidential in nature and that it is premature to provide such
document as the process is not a preliminary investigation but a mere evaluation.
Therefore, the constitutional rights of the accused are not yet available. The private
respondent contends that he is entitled to notice and hearing during the evaluation stage of the
proceedings.
ISSUE:
Whether or not there is conflict between international law and municipal law?
RULING:
The provisions of the RP-US Extradition Treaty, as implemented by Presidential Decree
No. 1069, as regards the basic due process rights of a prospective extraditee at the evaluation
stage of extradition proceedings. The processes outlined in the treaty and in the presidential
decree already pose an impending threat to a prospective extraditee’s liberty as early as the
evaluation stage. It is not an imagined threat to his liberty, but a very imminent one. On the other
hand, granting due process to the extradition case causes delay in the process.The rule of pacta
sunt servanda, one of the oldest and most fundamental maxims of international law, requires the
parties to a treaty to keep their agreement therein in good faith.
The doctrine of incorporation is applied whenever municipal tribunals are confronted
with situations in which there appears to be a conflict between a rule of international law and the
provisions of the constitution or statute of a local state. Efforts should be done to harmonize
them. In a situation, however, where the conflict is irreconcilable and a choice has to be made
between a rule of international law and municipal law, jurisprudence dictates that municipal law
should be upheld by the municipal courts. The doctrine of incorporation decrees that rules of
international law are given equal standing, but are not superior to, national legislative
enactments.

In this case, there is no conflict between international law and municipal law. The
Supreme Court ruled that the private respondent be furnished a copy of the extradition request
and its supporting papers and to give him a reasonable period of time within which to file his
comment with supporting evidence
In Re: Arturo Garcia, 2 SCRA 984
FACTS:
Arturo E. Garcia has applied for admission to the practice of law in the Philippines
without having taken the required bar examinations. His petition contained that among others, he
is a Filipino citizen born, of Filipino parentage; and that he had taken and finished in Spain, the
course of "Bachillerato Superior"; that he was approved, selected and qualified by the "Instituto
de Cervantes" for admission to the Central University of Madrid where he studied and finished
the law course graduating there as "Licenciado En Derecho"; that thereafter he was allowed to
practice the law profession in Spain.
He alleges that under the provision of the Treaty of Academic Degrees and the Exercise
of Professions between the Republic of the Philippines and the Spanish state, he is entitled to
practice the law profession in the Philippines without submitting to the required bar
examinations.
ISSUE:
Whether or not the Treaty entered into between the Spain and the Philippines is valid and takes
primacy over subsisting municipal laws?
RULING:
After due consideration, the Court resolved to deny the petition for Garcia to practice law
in the Philippines.
Article I of the Treaty, in its pertinent part, provides:
“The nationals of both countries who shall have obtained degree or diplomas to practice
the liberal professions in either of the Contracting States, issued by competent national
authorities, shall be deemed competent to exercise said professions in the territory of the Other,
subject to the laws and regulations of the latter.”
The privileges provided in the Treaty invoked by the applicant are made expressly
subject to the laws and regulations of the contracting State in whose territory it is desired to
exercise the legal profession; and Section 1 of Rule 127, in connection with Sections 2.9, and 16

thereof, which have the force of law, require that before anyone can practice the legal profession
in the Philippine he must first successfully pass the required bar examinations.
Co Kim Chan v. Valdez Tan Keh 75 Phil 113 Nov. 16, 1945
FACTS:
During the Japanese occupation, Co Kim Chan had a pending civil case with the Court of
First Instance of Manila. After the Liberation of the Manila and the American occupation, Judge
Arsenio Dizon refused to continue hearings on the case, saying that a proclamation issued by
General Douglas MacArthur had invalidated and nullified all judicial proceedings and judgments
of the courts of the Philippines.
He contends that without an enabling law, the lower courts have no jurisdiction to
continue judicial proceedings pending in the courts of the former Republic of the Philippines
which is the Philippine government under the Japanese occupation.
ISSUES:
Whether or not judicial proceedings and decisions made during the Japanese occupation were
valid and remained valid even after the American occupation?
RULING:
Political and international law recognizes that all acts and proceedings of a de facto
government are good and valid. The Philippine Executive Commission and the Republic of the
Philippines under the Japanese occupation may be considered de facto governments, supported
by the military force and deriving their authority from the laws of war.
Municipal laws and private laws, however, usually remain in force unless suspended or
changed by the conqueror. Civil obedience is expected even during war, for “the existence of a
state of insurrection and war did not loosen the bonds of society, or do away with civil
government or the regular administration of the laws. And if they were not valid, then it would
not have been necessary for MacArthur to come out with a proclamation abrogating them.
Lawyer’s League for Better Philippines vs. Pres. Cory Aquino, G.R. No. 73748, May 22, 1986
FACTS:

President Corazon Aquino issued Proclamation No. 1 announcing that she and Vice
President Laurel were taking power. Then subsequently issued, proclamation No.3 was issued
providing the basis of the Aquino government assumption of power by stating that the "new
government was installed through a direct exercise of the power of the Filipino people assisted
by units of the New Armed Forces of the Philippines."
ISSUE:
Whether or not the government established by Corazon Aquino is legitimate?
RULING:
Yes. The legitimacy of the Aquino government is not a justiciable matter but belongs to
the realm of politics where only the people are the judge. The Court held that: The people have
accepted the Aquino government which is in effective control of the entire country; It is not
merely a de facto government but in fact and law a de jure government; and the community of
nations has recognized the legitimacy of the new government.
Tanada vs. Angara, 272 SCRA 18, May 2, 1997
FACTS:
Petitioners question the concurrence of herein respondents acting in their capacities as
Senators via signing the said agreement. Their petition seeks the nullification of the Philippine
ratification of the World Trade Organization (WTO) Agreement. The WTO opens access to
foreign markets, especially its major trading partners, through the reduction of tariffs on its
exports, particularly agricultural and industrial products. Thus, provides new opportunities for
the service sector cost and uncertainty associated with exporting and more investment in the
country. These are the predicted benefits as reflected in the agreement and as viewed by the
signatory Senators, a “free market” espoused by WTO. 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.
ISSUE:
Whether or not there has been a grave abuse of discretion amounting to lack or excess of
jurisdiction on the part of the Senate in giving its concurrence of the said WTO agreement?
RULING:
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. By the doctrine of

incorporation, the country is bound by generally accepted principles of international law, which
are considered automatically part of our own laws. Pacta sunt servanda – international
agreements must be performed in good faith. A treaty is not a mere moral obligation but creates a
legally binding obligation on the parties. Through WTO the sovereignty of the state cannot in
fact and reality be considered as absolute because it is a regulation of commercial relations
among nations. Such as when Philippines joined the United Nations (UN) it consented to restrict
its sovereignty right under the “concept of sovereignty as auto-limitation.” What Senate did was
a valid exercise of authority. As to determine whether such exercise is wise, beneficial or viable
is outside the realm of judicial inquiry and review. The act of signing the said agreement is not a
legislative restriction as WTO allows withdrawal of membership should this be the political
desire of a member. Also, it should not be viewed as a limitation of economic sovereignty. WTO
remains as the only viable structure for multilateral trading and the veritable forum for the
development of international trade law. Its alternative is isolation, stagnation if not economic
self-destruction. Thus, the people be allowed, through their duly elected officers, make their free
choice.
The Holy See vs. Rosario, 238 SCRA 524, Dec. 1, 1994
FACTS:
Lot 5-A, registered under the name Holy See, was contiguous to Lot 5-B and 5-D under
the name of Philippine Realty Corporation (PRC). The land was given by donation by the
Archdiocese of Manila to the Papal Nuncio, which represents the Holy See, who exercises
sovereignty over the Vatican City, Rome, Italy, for his residence. Said lots were sold through an
agent to Ramon Licup who assigned his rights to respondents Starbright Sales Enterprises, Inc.
When the squatters refuse to vacate the lots, a dispute arose between the two parties because both
were unsure whose responsibility was it to evict the squatters from said lots. Respondent
Starbright Sales Enterprises Inc. insists that Holy See should clear the property while Holy See
says that respondent corporation should do it or the earnest money will be returned. With this,
Msgr. Cirilios, the agent, subsequently returned the P100,000 earnest money. The same lots were
then sold to Tropicana Properties and Development Corporation. Starbright Sales Enterprises,
Inc. filed a suit for annulment of the sale, specific performance and damages against Msgr.
Cirilios, PRC as well as Tropicana Properties and Development Corporation. The Holy See and
Msgr. Cirilos moved to dismiss the petition for lack of jurisdiction based on sovereign immunity
from suit. RTC denied the motion on ground that petitioner already "shed off" its sovereign
immunity by entering into a business contract. The subsequent Motion for Reconsideration was
also denied hence this special civil action for certiorari was forwarded to the Supreme Court.
ISSUE:

Whether or not Holy See can invoke its sovereign immunity and thus cannot be sued?
RULING:
The Court held that Holy See may properly invoke sovereign immunity for its non-
suability. As expressed in Sec. 2 Art II of the 1987 Constitution, generally accepted principles of
International Law are adopted by our Courts and thus shall form part of the laws of the land as a
condition and consequence of our admission in the society of nations.
It was noted in Article 31(A) of the 1961 Vienna Convention on Diplomatic Relations
that diplomatic envoy shall be granted immunity from civil and administrative jurisdiction of the
receiving state over any real action relating to private immovable property. The Department of
Foreign Affairs (DFA) certified that the Embassy of the Holy See is a duly accredited diplomatic
missionary to the Republic of the Philippines and is thus exempted from local jurisdiction and is
entitled to the immunity rights of a diplomatic mission or embassy in this Court.
Furthermore, it shall be understood that in the case at bar, the petitioner has bought and
sold lands in the ordinary course of real estate business, surely, the said transaction can be
categorized as an act jure gestionis. However, petitioner has denied that the acquisition and
subsequent disposal of the lot were made for profit but claimed that it acquired said property for
the site of its mission or the Apostolic Nunciature in the Philippines.
The Holy See is immune from suit because the act of selling the lot of concern is non-
propriety in nature. The lot was acquired through a donation from the Archdiocese of Manila, not
for a commercial purpose, but for the use of petitioner to construct the official place of residence
of the Papal Nuncio thereof. The transfer of the property and its subsequent disposal are likewise
clothed with a governmental (non-proprietary) character as petitioner sold the lot not for profit or
gain rather because it merely cannot evict the squatters living in said property.
People vs. Perfecto, 43 PHIL 887
FACTS:
Fernando M. Guerrero, the Secretary of the Philippine Senate discovered that certain
documents, which contained the records of testimony given by witnesses in the investigation of
oil companies, had disappeared from his office. The day following the convening of the Senate,
the newspaper La Nacion, edited by Mr. Gregorio Perfecto, published an article regarding what
happened. Perfecto was prosecuted for writing an editorial against the Philippine Senate. The
editorial in question was alleged to have violated Art. 256 of the Penal Code, punishing insults to
Ministers of the Crown.

ISSUE:
Whether Article 256 of the Spanish Penal Code is still in force?
RULING:
The Supreme Court acquitted him, holding that the particular article of the said Code had
been automatically abrogated, being political in nature, upon the advent of American
sovereignty. Furthermore, Article 256 of the Penal Code is contrary to the genius and
fundamental principles of the American character and system of government. The gulf which
separates this article from this spirit which inspires all penal legislation of American origin, is as
wide as that which separates a monarchy from a democratic republic like that of the Unite States.
Punishment for contempt of non-judicial officers has no place in a government based upon
American principles. The American system of government is calculated to enforce respect and
obedience where such respect and obedience is due, but never does it place around the individual
who happens to occupy an official position by mandate of the people any official halo, which
calls for drastic punishment for contemptuous remarks.
Vilas vs. City of Manila,229 PHIL 345
FACTS:
Prior to the incorporation of the City of Manila under the Republic Act No. 183,
petitioner Vilas is the creditor of the City. After the incorporation, Vilas brought an action to
recover the sum of money owed to him by the city. The City of Manila that incurred the debts
has changed its sovereignty after the cession of the Philippines to the US by the Treaty of Paris
and its contention now is founded on the theory that by virtue of the Act No. 183 its liability has
been extinguished.
ISSUE:
Whether or not the change of the sovereignty extinguishes the previous liability of the City of
Manila to its creditor?
RULING:
No. The mere change of sovereignty of a country does not necessarily dissolve the
municipal corporation organized under the former sovereign. The new City of Manila is in a
legal sense the successor of the old city. Thus the new city is entitled to all property and property

rights of the predecessor corporation including its liabilities. The court held that only the
governmental functions that are not compatible with the present sovereignty are suspended.
Because the new City of Manila retains its character as the predecessor of the oldcity it is still
liable to the creditors of the old City of Manila.
Ichong vs. Hernandez, 101 PHIL 155
FACTS:
The Legislature passed R.A. 1180 (An Act to Regulate the Retail Business). Its purpose
was to prevent persons who are not citizens of the Philippine from having a stranglehold upon
the people’s economic life.
Lao Ichong, in his own behalf and behalf of other alien residents, corporations and partnerships
affected by the Act, filed an action to declare it unconstitutional for the for the reason that it
denies to alien residents the equal protection of the laws and deprives them of their liberty and
property without due process; the subject of the Act is not expressed in the title; the Act violates
international and treaty obligations; and the provisions of the Act against the transmission by
aliens of their retail business thru hereditary succession
ISSUE:
Whether the Act deprives the aliens of the equal protection of the laws?
RULING:
The law does not deny the aliens the equal protection of the laws and is a valid exercise
of police power. There are real and actual, positive and fundamental differences between an alien
and a citizen, which fully justify the legislative classification adopted.
US vs. Look Chaw 18 PHIL 573
FACTS:
Several persons went aboard the steamship Erroll to inspect and search its cargo. Note
that steamship Erroll is of English nationality and it came from HongKong bound for Mexico via
the call ports of Manila and Cebu. These persons found sacks of opium. The complaint was then
filed against defendant and stated that defendant “carried, kept, possessed, and had in his
possession and control 96 kg of opium” and that he “he had been surprised in the act of selling
P1,000 worth prepared opium.” However, since there was more than 1 crime charged, the fiscal
just filed for “unlawful possession of opium”

Defense admitted that Exhibits A, B, and C, contained opium and were found on board
Erroll and that it was true that the defendant stated that these sacks of opium were his and that he
had them in his possession. According to the testimony of the internal-revenue, the opium seized
in the vessel had been bought by the defendant in Hong Kong, at P3.00 for each round can and
P5.00 for each of the others, for the purpose of selling it, as contraband, in Mexico and Puerto de
Vera Cruz; that the vessel arrived at Cebu and on the same day he sold opium.
ISSUE:
Whether the Philippine courts have jurisdiction over the crime?
RULING:
Yes, the Philippine courts have jurisdiction. The mere possession of a thing of prohibited use in
the Philippine Islands, aboard a foreign vessel in transit, in any of their ports, does not, as a
general rule, constitute a crime triable by the courts of the Philippines. However, in the case at
bar, a can of opium is landed from the vessel upon Philippine soil, thus committing an open
violation of the Philippine laws.
People vs. Wong-Chen, 18 PHIL 573
FACTS:
In this appeal the Attorney-General urges the revocation of the order of the Court of First
Instance of Manila, sustaining the demurrer presented by the defendant to the information that
initiated this case and inwhich the appellee is accused of having illegally smoked opium,
aboard the merchant vessel Changsa of English nationality while said vessel was anchored in
Manila Bay two and a half miles from the shores of the city.
ISSUE:
Whether the courts of the Philippines have jurisdiction over crime, like the one herein involved,
committed aboard merchant vessels anchored in our jurisdiction waters?
RULING:
There are two fundamental rules on this particular matter in connection with International Law;
to wit, the French rule, according to which crimes committed aboard a foreign merchant vessels
should not be prosecuted in the courts of the country within whose territorial jurisdiction they
were committed, unless their commission affects the peace and security of the territory; and the

English rule, based on the territorial principle and followed in the United States, according to
which, crimes perpetrated under such circumstances are in general triable in the courts of the
country within territory they were committed. Of this two rules, it is the last one that obtains in
this jurisdiction, because at present the theories and jurisprudence prevailing in the United States
on this matter are authority in the Philippines which is now a territory of the United States.
De Perio-Santos vs. Macaraig, G.R. No. 94070, April 10, 1942
FACTS:
Petitioner was appointed on July 24, 1986, President Cory to the position of Permanent
Representative of the Philippines to the Philippine Mission to the United Nations and other
International Organizations with station in Geneva, Switzerland. On April 6, 1987, petitioner
sought a leave of absence from the home office to spend the Easter Holidays in New York,
U.S.A., with her mother, brothers and sisters at no expense to the Government. She bought two
(2) non-transferable, non-refundable discounted tickets costing SFr. 1,597 for herself and her
adopted daughter Pia.
Before they could take the trip however, petitioner was instructed to proceed to Havana,
Cuba to attend a UNCTAD conference as Philippine delegate. Petitioner is entitled for official
trip outside her station (Geneva) for the cost of airplane ticket costing to SFr. 2,996 for Geneva-
New York-Geneva portion of her Geneva-New York-Havana-New York-Geneva trip. Instead of
buying an economy roundtrip ticket, petitioner used for the Geneva-New York-Geneva portion
of her trip the two (2) discounted tickets costing only SFr. 1,597 for herself and her daughter Pia.
They left Geneva for New York en route to Havana on April 15, 1987. On the same day, the
DFA approved her application for a leave of absence with pay from April 27 to May 1, 1987.
After the Havana Conference, she and her daughter spent her vacation leave in New York before
returning to Geneva (Ibid.). Instead of claiming reimbursement for SFr. 2,996, she requested, and
received, reimbursement of only SFr. 1,597 which she spent for the Geneva to New York, and
New York to Geneva portion of her trip, thereby effecting savings of SFr.1,399 for the
Government.
On September 16, 1987, the DFA ask her to explain why the Mission paid for plane ticket
of infant Pia de Perio-Santos (petitioner's daughter) Geneva-New York-Geneva when petitioner
was not authorized to accompany her adopting mother at government expense. Petitioner replied
that the air fare tickets were for her only and did not include her daughter whose trip was paid
from her personal funds.
The DFA required her to refund the amount representing her daughter's round-trip ticket
since DFA received a copy of the "facture" from the travel agency showing that the amount of

SFr.1,597 was in payment her trip and that the sum of SFr. 673 represented the cost of her
daughter's portion of the ticket. Her co-workers led by Deputy Armando Maglaque, and some
MISUNPHIL employees filed administrative charges against her for "incompetence; inefficient;
corrupt and dishonest activities; rude and uncouth manners; abusive and high-handed behavior;
irregular and highly illegal transactions involving funds of the mission.
The Board of Foreign Service Administration (BFSA) constituted a new 5-man
investigating committee to evaluate the evidence presented by the parties. The committee found
her liable for misconduct only, and recommended dismissal of the other charges. They also
recommended that she be reprimanded and recalled to Manila. In a letter-decision dated April 27,
1988, the Secretary of Foreign Affairs affirmed the BFSA's recommendation declaring Petitioner
guilty of the lesser offense of misconduct, instead of dishonesty, meted to her the penalty of
reprimand, and recalled her to the home office. Petitioner filed a motion for reconsideration on
the ground that she was denied due process when she was declared guilty of misconduct
although it was not one of the charges against her.
On March 30, 1989, President Aquino issued Administrative Order No. 122 finding petitioner
guilty of dishonesty (instead of misconduct) and imposed upon her the penalty of reprimand,
with recall to the home office.
Hence this petition for certiorari alleging that the President's "reprimand and recall orders are not
supported by substantial evidence and were issued with gross abuse of discretion and serious
error of law".
ISSUE: Whether the petitioner was unjustly found guilty and whether her recall to Manila was a
valid exercise of power by the Secretary?
RULING:
The general rule is that the factual findings of administrative agencies are binding on this
Court and controlling on the reviewing authorities if supported by substantial evidence. A review
of the records fails to yield any evidence of dishonesty on the part of the petitioner, or intent to
cheat and defraud the government.
Nevertheless, the Court is not disposed to disturb the order of the DFA and the Office of
the President recalling the petitioner to the home office. There is no merit in the petitioner's
contention that her tour of duty in Geneva was for four (4) years. The Court held that under a
secret Executive Order No. 168, provides that a person who has completed a minimum of one

year of service, the Secretary of Foreign Affairs can transfer that person to Manila for
reassignment and did not have to be explained and justified. The Secretary, as an alter ego of the
President, act with the implied imprimatur of the President herself, unless the act is reprobated
by her.
In consonance with the principle of separation of powers, and considering that the
conduct of foreign relations is primarily an executive prerogative, courts may not inquire into the
wisdom or unwisdom in the exercise thereof. The President is the 'sole organ of the nation in its
external relations and its sole representative with foreign nations.' The assignment to and recall
from posts of ambassadors are prerogatives of the President, for her to exercise as the exigencies
of the foreign service and the interests of the nation may from time to time dictate.
The President is the 'sole organ of the nation in its external relations and its sole
representative with foreign nations.' The assignment to and recall from posts of ambassadors are
prerogatives of the President, for her to exercise as the exigencies of the foreign service and the
interests of the nation may from time to time dictate.
Reyes vs. Bagatsing, 125 SCRA 553
FACTS:
Petitioner, retired Justice Reyes, on behalf of the Anti-Bases Coalition sought a permit
from the City of Manila to hold a peaceful march and rally on October 26, 1983 from 2:00 to
5:00 in the afternoon, starting from the Luneta, a public park, to the gates of the United States
Embassy, hardly two blocks away. It was stated that after the delivery of two brief speeches, a
petition based on the resolution adopted on the last day by the International Conference for
General Disbarmament, World Peace and the Removal of All Foreign Military Bases held in
Manila, would be presented to a representative of the Embassy or any of its personnel who may
be there so that it may be delivered to the United States Ambassador. There was likewise an
assurance in the petition that in the exercise of the constitutional rights to free speech and
assembly, all the necessary steps would be taken by it "to ensure a peaceful march and rally.”
The request for permit was denied because of reports affirming the plans of subversive/criminal
elements to infiltrate and/or distrupt any assembly or congregations where a large number of
people are expected to attend. Respondent suggested that “a permit may be issued for the rally if
it is to be held at the Rizal Coliseum or any other enclosed area where the safety of the
participants themselves and the general public may be ensured." The denial is also anchored on
the provision of Article 22 of the Vienna Convention on Diplomatic relations which was adopted
in our laws as accepted thru the Ordinance No. 7295 prohibiting the holdings or staging of rallies
or demonstration within a radius of five hundred (500) feet from any foreign mission or
chancery.

On October 25, 1983, a minute resolution was issued by the Court granting the mandatory
injunction prayed for on the ground that there was no showing of the existence of a clear and
present danger of a substantive evil that could justify the denial of a permit.
ISSUE:
Whether or not the petition may be granted as an exercise of the constitutional rights and hold
rally despite the express provisions of the Vienna Convention on Diplomatic relations?
RULING:
The petition is granted. The Philippines is a signatory of the Vienna Convention on
Diplomatic Relations which ratified and signed by the President on October 11, 1965 and was
thereafter deposited with the Secretary general of the United Nations on November 15.
As of that date then, it was binding on the Philippines. The second paragraph of the
Article 22 reads: "2. The receiving State is under a special duty to take appropriate steps to
protect the premises of the mission against any intrusion or damage and to prevent any
disturbance of the peace of the mission or impairment of its dignity. The Constitution "adopts
the generally accepted principles of international law as part of the law of the land. To the extent
that the Vienna Convention is a restatement of the generally accepted principles of international
law, it should be a part of the law of the land. That being the case, if there were a clear and
present danger of any intrusion or damage, or disturbance of the peace of the mission, or
impairment of its dignity, there would be a justification for the denial of the permit insofar as the
terminal point would be the Embassy. There was no showing, however, that the distance
between the chancery and the embassy gate is less than 500 feet and that there exist a clear and
present danger.
Minucher vs. Court of Appeals, G.R. No. 97765, Sept. 24, 1992
FACTS:
Minucher is an Iranian national who came to the Philippines to study in the University of
the Philippines in 1974. Scalzo is as a special agent of the US Drugs Enforcement Agency. He
conducts surveillance operations on suspected drug dealers in the Philippines believed to bethe source of
prohibited drugs shipped to the US and makes the actual arrest.
Minucher and one Abbas Torabian was charged for a violation of Act. 6425 (Dangerous Drugs Act of 1972)
before the PasigRTC, such criminal charge was followed by abuy-bust operation conducted by the
Philippine police narcotic agents to which Scalzowas awitness for the prosecution. They were acquitted.

Minucher filed a complaint for damages against Scalzo. He said that some of his properties were
missing like Persian carpets, a painting together withhis TV and betamax sets. There was nothing left in his
house. He averred that his arrest as a heroine trafficker was well publicized and that when we got arrested, he
was not given any food or water for 3days. In his defense, Scalzo asserted his diplomatic immunity as
evidenced bya Diplomatic Note. He contended that it wasrecognized by the US Government pursuant to the
Vienna Convention on Diplomatic Relations and the Philippine government itself thru its Executive
Department and DFA.
ISSUE:
Whether or not Scalzo is entitled to diplomatic immunity?
RULING:
Yes, Scalzo is entitled to diplomatic immunity. The Convention lists the classes of heads of
diplomatic missions to include (a) ambassadors or nuncios accredited to the heads of state, (b) envoys,
ministers or internuncios accredited to the heads of states; and (c) charges d'affairs accredited to the
ministers of foreign affairs. Comprising the "staff of the (diplomatic) mission" are the diplomatic staff, the
administrative staff and thetechnical and service staff. Only the heads of missions, as well as members of the
diplomatic staff, excluding the members of the administrative, technical and service staff of the mission, are
accorded diplomatic rank. Even while the Vienna Convention on Diplomatic Relations provides for
immunity to the members of diplomatic missions, it does so, nevertheless, with an understanding that the
same be restrictively applied.
The main yardstick in ascertaining whether a person is a diplomat entitled to immunity is the
determination of whether or not he performs duties of diplomatic nature.
Scalzo was an Assistant Attaché of the US diplomatic mission. An attaché belongs to a category of
officers in the diplomatic establishment who may bein charge of its cultural, press, administrative or financial
affairs. There could also be a class of attaches belonging to certain ministries or departments of the
government, other than the foreign ministry or department, who are detailed bytheir respective ministries or
departments with the embassies such as the military, naval, air, commercial, agricultural, labor, science, and
customs attaches, or the like.
A foreign agent, operating within a territory, can be cloaked with immunity from suit but
only as long as it can be established that he is acting within the directives of the sending
state. The consent of the host state is an indispensable requirement of basic courtesy between the
two sovereigns. While evidence is wanting to show any similar agreement between the
governments of the Philippines and of the United States (for the latter to send its agents and to
conduct surveillance and related activities of suspected drug dealers in the Philippines), the
consent or imprimatur of the Philippine government to the activities of the United States Drug
Enforcement Agency, however, can be gleaned from the facts heretofore elsewhere
mentioned. The official exchanges of communication between agencies of the government of
the two countries, certifications from officials of both the Philippine Department of Foreign

Affairs and the United States Embassy, as well as the participation of members of the Philippine
Narcotics Command in the “buy-bust operation” conducted at the residence of Minucher at the
behest of Scalzo, may be inadequate to support the "diplomatic status" of the latter but they give
enough indication that the Philippine government has given its imprimatur, if not consent, to the
activities within Philippine territory of agent Scalzo of the United States Drug Enforcement
Agency.
Chauf vs. CA, 191 SCRA 713
FACTS:
The Petitioner, Loida Shauf, a Filipino by origin and married to an American who is a
member of the US Air Force, was rejected for a position of Guidance Counselor in the Base
Education Office at Clark Air Base. She boasts of related working experience and being a
qualified dependent locally available.
By reason of her non-selection, she filed a complaint for damages and an equal
employment opportunity complaint against private respondents, Don Detwiler, a civilian
personnel officer and Anthony Persi, Education Director, for alleged discrimination by reason of
her sex being female, color being brown and nationality as Filipino by birth. Shauf was offered a
temporary position as a temporary Assistant Education Adviser for a 180-day period with the
condition that if a vacancy occurs, she will be automatically selected to fill the vacancy. But if no
vacancy occurs after 180 days, she will be released but will be selected to fill a future vacancy if
she’s available. Shauf accepted the offer. Mrs. Mary Abalateo’s was about to vacate her position
during that time. But Mrs. Abalateo’s appointment was extended thus, Shauf was never
appointed to said position. She claims that the Abalateo’s stay was extended indefinitely to deny
her the appointment as retaliation for the complaint that she filed against Persi. Persi denies this
allegation. He claims it was a joint decision of the management & it was in accordance of with
the applicable regulation.
Shauf filed for damages and other relief in different venues such as the Civil Service
Commission, Appeals Review Board, and the Regional Trial Court. RTC ruled in favor of Shauf.
Both parties appealed to the CA. Shauf prayed for the increase of the damages to be
collected from defendants. Defendants on the other hand, continued using the defense that they
are immune from suit for acts done/statements made by them in performance of their official
governmental functions pursuant to RP-US Military Bases Agreement of 1947. They claim that
the Philippines does not have jurisdiction over the case because it was under the exclusive
jurisdiction of a US District Court. They likewise claim that petitioner failed to exhaust all

administrative remedies thus case should be dismissed. CA reversed RTC decision. According to
the CA, defendants are immune from suit.
Shauf then claims that the respondents are being sued in their private capacity thus this is
not a suit against the US government w/c would require consent. On the other hand, respondents
still maintain their immunity from suit. They further claim that the rule allowing suits against
public officers & employees for criminal & unauthorized acts is applicable only in the
Philippines & is not part of international law.
ISSUE:
Whether or not private respondents are immune from suit?
RULING:
No. While the doctrine of immunity is also applicable to complaints filed against state officials,
it only contemplates acts done in their official capacity. This does not cover acts contrary to law
& injurious to the rights of the plaintiff. When an official acts in a manner that invades or
violates the personal & property rights of another, the aggrieved party may sue the official &
such suit will not be a suit against the state. The doctrine of immunity from suit will not apply
where the public official is being sued in his private & personal capacity as an ordinary citizen.
The Holy See vs. Rosario, 238 SCRA 524
FACTS:
Petitioner, Holy See who exercises sovereignty over the Vatican City in Rome, Italy, and
is represented by the Papal Nuncio. Private Respondent, Starbright Sales Enterprises, Inc., us a
domestic corporation engaged in the real Estate business. The petition arose over a parcel of land
consisting of 6,000 square meters located in the Municipality of Paranaque, Metro Manila and
registered in the name of the Petitioner Holy See-Papal Nuncio. The said lot Lot 5-A is
contiguous to Lots 5-B and 5-D which are covered by Transfer Certificates of Title Nos. 271108
and 265388 respectively and registered in the name of the Realty Corporation (PRC). The three
lots were sold to Ramon Licup, through Domingo A. Cirilos, Jr., Acting agent to the sellers.

Licup assigned his rights to the sale to private respondent, Starbright Sales Enterprises. In view if
the refusal of the squatters to vacate the lots sold to the private respondent, a dispute arose as to
who of the parties has the responsibility of evicting and clearing the land of squatters.
ISSUE:
Whether or not the petitioner may invoke non-suability?
RULING:
This Court has considered the following transactions by a foreign state with private
parties as acts jure imperii. The operation of the restaurants and other facilities open to the
general public is undoubtedly for profit as a commercial land not a governmental activity. By
entering into the employment contract with the cook in the discharge of its proprietary function,
the United States government impliedly divested itself of its sovereign immunity from suit. In
the absence of legislation defining what activities and transactions shall be considered
"commercial" and as constituting acts jure gestionis, we have to come out with our own
guidelines, tentative they may be. Certainly, the mere entering into a contract by a foreign state
with a private party cannot be the ultimate test. Such an act can only be the start of the inquiry.
The logical question is whether the foreign state is engaged in the activity in the
Syquia vs. Lopez, 84 PHIL 312
FACTS:
Plaintiffs, Pedro Syquia and Leopoldo Syquia are the undivided joint owners of three
apartment buildings situated in Manila. They executed three lease contracts, one for each of the
three apartments. The period for the three leases was to be for the duration of the war and six
months thereafter, unless sooner terminated by the US. The apartment buildings were used for
billeting and quartering officers of the US Armed Forces stationed in Manila. Six months after
Japan surrendered, plaintiffs approached the defendants George Moore and Erland Tillman and
requested the return of the apartment buildings. Moore and Tillman expressed to plaintiffs that
the US Army wanted to continue occupying the premises. Plaintiffs requested to renegotiate said
leases, to execute a lease contract for a period of three years and to pay a reasonable rental higher
than those payable under the old contracts. Respondents refused to execute new and not being
in conformity with the old lease agreements, plaintiffs formally requested Tillman to cancel said
leases and to release the apartments. Tillman refused to comply with the request. On February
17, 1947, plaintiffs served a formal notice to the occupants however thirty-day period lapsed
without any of the respondents complying with their demands. Plaintiffs commenced an action in
the Municipal Court of Manila in the form of an action for Unlawful Detainer against
respondents. Respondents filed a Motion to Dismiss on the ground that the court had

no jurisdiction over the defendants and over the subject matter of the action because the real
party in interest was the US Government and not the individual defendants. Furthermore, the
respondent argued that the war between the US and her allies on one side and Germany and
Japan on the other had not yet been terminated and consequently the period of the three leases
has not yet expired. Also, a foreign government like the US cannot be sued in the courts of
another state without its consent. That even though the US Government was not named as the
defendant in the complaint, it is nevertheless the real defendant as the parties named are officers
of the US Government. The Municipal Court dismissed the action. The CFI of Manila affirmed
the order of the lower court.
ISSUE:
Whether or not the Philippine courts have jurisdiction to hear and try the case.
RULING:
It is clear that the courts of the Philippines have no jurisdiction over the present case for
Unlawful Detainer. The question of lack of jurisdiction was raised and interposed at the very
beginning of the action. The US Government has not given its consent to the filing of the
suit which is essentially against her, though not in name. Moreover, this is not only a case of a
citizen filing a suit against his own Government without the latter’s consent but it is of a citizen
filing an action against a foreign government without said government’s consent, which renders
more obvious the lack of jurisdiction of the courts of this country.
Sanders vs Veridano, 162 SCRA 88
FACTS:
Petitioner Sanders was the special services director of the U.S. Naval Station. Petitioner
Moreau was the commanding officer of the Subic Naval Base. Respondent Rossi is an American
citizen with permanent residence in the Philippines.
Respondent Rossi and Wyer were both employed as game room attendants in the special
services department of the NAVSTA. They were advised that their employment had been
converted from permanent full-time to permanent part-time. Their reaction was to protest this

conversion and to institute grievance proceedings conformably to the pertinent rules and
regulations of the US Department of Defense. Moreau sent to the Chief of Naval Personnel
explaining the change of employment status of the two from which Rossi and Wyer filed in the
Court of First Instance of Olongapo City a complaint for damages against the herein petitioners
claiming that the letters contained libellous imputations against the two. Due to the failure to
appear in the court, Moreau and Sanders were declared in default.
ISSUE:
Whether or not the petitioners were performing their official duties?
RULING:
Yes. It is abundantly clear in the present case that the acts for which the petitioners are being
called to account were performed by them in the discharge of their official duties. Sanders, as
director of the special services department of NAVSTA, undoubtedly had supervision over its
personnel and had a hand in their employment, work assignments, discipline, dismissal and other
related matters. The same can be said for Moreau. Given the official character of the above-
described letters, it can be concluded that the petitioners were being sued as officers of the
United States government. There should be no question by now that such complaint cannot
prosper unless the government sought to be held ultimately liable has given its consent to be
sued.
WHO vs. Aquin, 48 SCRA 242
FACTS:
Respondents COSAC officers filed their answer joining issue against petitioners and
seeking to justify their act of applying for and securing from respondent judge the warrant for the
search and seizure of ten crates consigned to petitioner Verstuyft and stored at the Eternit
Corporation warehouse on the ground that they "contain large quantities of highly dutiable
goods" beyond the official needs of said petitioner "and the only lawful way to reach these
articles and effects for purposes of taxation is through a search warrant."
It is undisputed in the record that petitioner Dr. Leonce Verstuyft, who was assigned on
December 6, 1971 by the WHO from his last station in Taipei to the Regional Office in Manila
as Acting Assistant Director of Health Services, is entitled to diplomatic immunity, pursuant to
the Host Agreement executed on July 22, 1951 between the Philippine Government and the
World Health Organization. Such diplomatic immunity carries with it, among other diplomatic
privileges and immunities, personal inviolability, inviolability of the official's properties,
exemption from local jurisdiction, and exemption from taxation and customs duties.

When petitioner Verstuyft's personal effects contained in twelve (12) crates entered the
Philippines as unaccompanied baggage on January 10, 1972, they were accordingly allowed free
entry from duties and taxes. The crates were directly stored at the Eternit Corporation's
warehouse at Mandaluyong, Rizal, "pending his relocation into permanent quarters upon the
offer of Mr. Berg, Vice President of Eternit who was once a patient of Dr. Verstuyft in the
Congo."
Nevertheless, as above stated, respondent judge issued on March 3, 1972 upon
application on the same date of respondents COSAC officers search warrant No. 72-138 for
alleged violation of Republic Act 4712 amending section 3601 of the Tariff and Customs
Code 3 directing the search and seizure of the dutiable items in said crates.
Upon protest of March 6, 1972 of Dr. Francisco Dy, WHO Regional Director for the
Western Pacific with station in Manila, Secretary of Foreign Affairs Carlos P. Romulo,
personally wired on the same date respondent Judge advising that "Dr. Verstuyft is entitled to
immunity from search in respect of his personal baggage as accorded to members of diplomatic
missions" pursuant to the Host Agreement and requesting suspension of the search warrant order
"pending clarification of the matter from the ASAC."
ISSUE:
Whether or not Dr. Verstuyft is entitled to immunity from search and seizure?
RULING:
Verstuyft is entitled to diplomatic immunity, pursuant to the provisions of the Host
Agreement as expressly recognized by the executive branch of the Philippine Government.
The Department of Foreign Affairs formally advised respondent judge of the Philippine
Government's official position that accordingly "Dr. Verstuyft cannot be the subject of a
Philippine court summons without violating an obligation in international law of the Philippine
Government" and asked for the quashal of the search warrant, since his personal effects and
baggages after having been allowed free entry from all customs duties and taxes, may not be
baselessly claimed to have been "unlawfully imported" in violation of the tariff and customs
code as claimed by respondents COSAC officers. The Solicitor-General, as principal law officer
of the Government, likewise expressly affirmed said petitioner's right to diplomatic immunity
and asked for the quashal of the search warrant.
It is a recognized principle of international law and under our system of separation of
powers that diplomatic immunity is essentially a political question and courts should refuse to
look beyond a determination by the executive branch of the government, and where the plea of
diplomatic immunity is recognized and affirmed by the executive branch of the government as in
the case at bar, it is then the duty of the courts to accept the claim of immunity upon appropriate
suggestion by the principal law officer of the government, the Solicitor General in this case, or
other officer acting under his direction.

Hence, in adherence to the settled principle that courts may not so exercise their
jurisdiction by seizure and detention of property, as to embarrass the executive arm of the
government in conducting foreign relations, it is accepted doctrine that "in such cases the judicial
department of (this) government follows the action of the political branch and will not embarrass
the latter by assuming an antagonistic jurisdiction.
As already stated above, and brought to respondent court's attention, the Philippine
Government is bound by the procedure laid down in Article VII of the Convention on the
Privileges and Immunities of the Specialized Agencies of the United Nations 14 for consultations
between the Host State and the United Nations agency concerned to determine, in the first
instance the fact of occurrence of the abuse alleged, and if so, to ensure that no repetition occurs
and for other recourses. This is a treaty commitment voluntarily assumed by the Philippine
Government and as such, has the force and effect of law.
Callado vs. International Rice Research Institute, 244 SCRA 211
FACTS:
Ernesto Callado, petitioner, was employed as a driver at the IRRI from April 11, 1983 to
December 14, 1990. On February 11, 1990, while driving an IRRI vehicle on an official trip to
the Ninoy Aquino International Airport and back to the IRRI, petitioner figured in an accident.
Petitioner was informed of the findings of a preliminary investigation conducted by the
IRRI's Human Resource Development Department Manager in a Memorandum dated March 5,
1990.
Thereafter, petitioner filed a complaint on December 19, 1990 before the Labor Arbiter
for illegal dismissal, illegal suspension and indemnity pay with moral and exemplary damages
and attorney's fees.
On January 2, 1991, private respondent IRRI, through counsel, wrote the Labor Arbiter to
inform him that the Institute enjoys immunity from legal process by virtue of Article 3 of
Presidential Decree No. 1620, 5 and that it invokes such diplomatic immunity and privileges as
an international organization in the instant case filed by petitioner, not having waived the same.
While admitting IRRI's defense of immunity, the Labor Arbiter, nonetheless, cited an
Order issued by the Institute on August 13, 1991 to the effect that "in all cases of termination,
respondent IRRI waives its immunity," 8 and, accordingly, considered the defense of immunity
no longer a legal obstacle in resolving the case.
Hence, this petition where it is contended that the immunity of the IRRI as an
international organization granted by Article 3 of Presidential Decree No. 1620 may not be
invoked in the case at bench inasmuch as it waived the same by virtue of its Memorandum on
"Guidelines on the handling of dismissed employees in relation to P.D. 1620

It is also petitioner's position that a dismissal of his complaint before the Labor Arbiter
leaves him no other remedy through which he can seek redress. He further states that since the
investigation of his case was not referred to the Council of IRRI Employees and Management
(CIEM), he was denied his constitutional right to due process. It is also petitioner's position that
a dismissal of his complaint before the Labor Arbiter leaves him no other remedy through which
he can seek redress. He further states that since the investigation of his case was not referred to
the Council of IRRI Employees and Management (CIEM), he was denied his constitutional right
to due process.
ISSUE:
Whether or not the International Rice Research Institute (IRRI) waived its immunity from suit in
this dispute which arose from an employer-employee relationship?
RULING:
The grant of immunity to IRRI is clear and unequivocal and an express waiver by its
Director-General is the only way by which it may relinquish or abandon this immunity.
On the matter of waiving its immunity from suit, IRRI had, early on, made its position
clear. Through counsel, the Institute wrote the Labor Arbiter categorically informing him that the
Institute will not waive its diplomatic immunity. In the second place, petitioner's reliance on the
Memorandum with "Guidelines in handling cases of dismissal of employees in relation to P.D.
1620" dated July 26, 1983, is misplaced.
Lasco vs. UN Revolving Fund for National Resources Exploration, 241 SCRA 681
FACTS:
Petitioners were dismissed from their employment with private respondent, the United
Nations Revolving Fund for Natural Resources Exploration (UNRFNRE), which is a special
fund and subsidiary organ of the United Nations. The UNRFNRE is involved in a joint project of
the Philippine Government and the United Nations for exploration work in Dinagat Island.
In its Motion to Dismiss, private respondent alleged that respondent Labor Arbiter had no
jurisdiction over its personality since it enjoyed diplomatic immunity pursuant to the 1946
Convention on the Privileges and Immunities of the United Nations. In support thereof, private
respondent attached a letter from the Department of Foreign Affairs dated August 26, 1991,

which acknowledged its immunity from suit. The letter confirmed that private respondent, being
a special fund administered by the United Nations, was covered by the 1946 Convention on the
Privileges and Immunities of the United Nations of which the Philippine Government was an
original signatory.
Respondent Labor Arbiter issued an order dismissing the complaints on the ground that
private respondent was protected by diplomatic immunity. The dismissal was based on the letter
of the Foreign Office.
Petitioners' motion for reconsideration was denied. Thus, an appeal was filed with the
NLRC, which affirmed the dismissal of the complaints in its Resolution.
ISSUE:
Whether or not, respondent is entitled to immunity as a Specialized Agency of the United
Nations?
RULING:
Yes. As a matter of state policy as expressed in the Constitution, the Philippine
Government adopts the generally accepted principles of international law (1987 Constitution,
Art. II, Sec. 2). Being a member of the United Nations and a party to the Convention on the
Privileges and Immunities of the Specialized Agencies of the United Nations, the Philippine
Government adheres to the doctrine of immunity granted to the United Nations and its
specialized agencies. Both treaties have the force and effect of law. The diplomatic immunity of
private respondent was sufficiently established by the letter of the Department of Foreign
Affairs, recognizing and confirming the immunity of UNRFNRE in accordance with the 1946
Convention on Privileges and Immunities of the United Nations where the Philippine
Government was a party. The issue whether an international organization is entitled to
diplomatic immunity is a "political question" and such determination by the executive branch is
conclusive on the courts and quasi-judicial agencies (The Holy See v. Hon. Eriberto U. Rosario,
Jr., G.R. No. 101949, Dec. 1, 1994; International Catholic Migration Commission v. Calleja.
Private respondent is not engaged in a commercial venture in the Philippines. Its presence
here is by virtue of a joint project entered into by the Philippine Government and the United
Nations for mineral exploration in Dinagat Island. Its mission is not to exploit our natural
resources and gain pecuniarily thereby but to help improve the quality of life of the people,
including that of petitioners.
International Catholic Migration Commission vs. Pura Calleja, 190 SCRA 130
FACTS:

After the Vietnam War, the plight of Vietnamese refugees fleeing from South Vietnam's
communist rule confronted the international community. An Agreement was forged between the
Philippine Government and the United Nations High Commissioner for Refugees whereby an
operating center for processing Indo-Chinese refugees for eventual resettlement to other
countries was to be established in Bataan.
ICMC was one of those accredited by the Philippine Government to operate the refugee
processing center in Morong, Bataan. It was incorporated in New York, USA, at the request of
the Holy See, as a non-profit agency involved in international humanitarian and voluntary work.
It is duly registered with the United Nations Economic and Social Council (ECOSOC) and
enjoys Consultative Status, Category II. As an international organization rendering voluntary and
humanitarian services in the Philippines. Med-Arbiter sustained ICMC and dismissed the petition
for lack of jurisdiction.
On appeal by TUPAS, Director Pura Calleja of the Bureau of Labor Relations (BLR),
reversed the Med-Arbiter's Decision and ordered the immediate conduct of a certification
election. At that time, ICMC's request for recognition as a specialized agency was still pending
with the Department of Foreign Affairs (DEFORAF).
Subsequently, however, on 15 July 1988, the Philippine Government, through the
DEFORAF, granted ICMC the status of a specialized agency with corresponding diplomatic
privileges and immunities, as evidenced by a Memorandum of Agreement between the
Government and ICMC.
ICMC then sought the immediate dismissal of the TUPAS Petition for Certification
Election invoking the immunity expressly granted but the same was denied by respondent BLR
Director who, again, ordered the immediate conduct of a pre-election conference. ICMC's two
Motions for Reconsideration were denied despite an opinion rendered by DEFORAF on 17
October 1988 that said BLR Order violated ICMC's diplomatic immunity.
ISSUE:
Whether or not the grant of diplomatic privileges and immunity to ICMC extends to immunity
from the application of Philippine labor laws?
RULING:
The foregoing issue constitutes a categorical recognition by the Executive Branch of the
Government that ICMC enjoys immunities accorded to international organizations, which
determination has been held to be a political question conclusive upon the Courts.
It is a recognized principle of international law and under our system of separation of

powers that diplomatic immunity is essentially a political question and courts should refuse to
look beyond a determination by the executive branch of the government, and where the plea of
diplomatic immunity is recognized and affirmed by the executive branch of the government as in
the case at bar, it is then the duty of the courts to accept the claim of immunity upon appropriate
suggestion by the principal law officer of the government . . . or other officer acting under his
direction. Hence, in adherence to the settled principle that courts may not so exercise their
jurisdiction . . . as to embarrass the executive arm of the government in conducting foreign
relations, it is accepted doctrine that in such cases the judicial department of government follows
the action of the political branch and will not embarrass the latter by assuming an antagonistic
jurisdiction.
The grant of immunity from local jurisdiction to ICMC is clearly necessitated by its
international character and respective purposes. The objective is to avoid the danger of partiality
and interference by the host country in their internal workings. The exercise of jurisdiction by the
Department of Labor in these instances would defeat the very purpose of immunity, which is to
shield the affairs of international organizations, in accordance with international practice, from
political pressure or control by the host country to the prejudice of member States of the
organization, and to ensure the unhampered performance of their functions.
ICMC's immunity from local jurisdiction by no means deprives labor of its basic rights,
which are guaranteed by Article II, Section 18, Article III, Section 8, and Article XIII, Section 3
(supra), of the 1987 Constitution.
The immunity granted being "from every form of legal process except in so far as in any
particular case they have expressly waived their immunity," it is inaccurate to state that a
certification election is beyond the scope of that immunity for the reason that it is not a suit
against ICMC. A certification election cannot be viewed as an independent or isolated process.

Southeast Asia Fisheries Development Center vs. National Labor Relations Commission, 206
SCRA 283
FACTS:
The private respondent herein was an employee, who was later on terminated due to
financial problem by SEAFDEC-AQD. The latter was a department of herein petitioner which is
an international organization. The separation pay and other benefits was not given to the private
respondent which gave birth to the case at bar.
ISSUE:
Whether or not the respondent NLRC has a jurisdiction in the case at bar?
RULING:
Petitioner Southeast Asian Fisheries Development Center-Aquaculture Department is an
international agency beyond the jurisdiction of respondent NLRC. Being an intergovernmental
organization, petitioner enjoys functional independence and freedom from control of the state in
whose territory its office is located.
The subjection of such am organization to the authority of the local courts would afford a
convenient medium thru which the host government may interfere in there operations or even
influence or control its policies and decisions of the organization; besides, such subjection to
local jurisdiction would impair the capacity of such body to discharge its responsibilities
impartially on behalf of its member-states.
Commissioner of Customs vs. Eastern Sea Trading, 3 SCRA 283
FACTS:
Eastern Sea Trading was a shipping company charged in the importation from Japan of
onion and garlic into the Philippines. In 1956, the Commissioner of Customs ordered the seizure
and forfeiture of the import goods because EST was not able to comply with Central Bank
Circulars 44 and 45. The said circulars were pursuant to EO 328 w/c sought to regulate the
importation of such non-dollar goods from Japan (as there was a Trade and Financial Agreement
b/n the Philippines and Japan then). EST questioned the validity of the said EO averring that the
said EO was never concurred upon by the Senate. The issue was elevated to the Court of Tax
Appeals and the latter ruled in favor of EST. The Commissioner appealed.
ISSUE:
Whether or not the EO is subject to the concurrence of at least 2/3 of the Senate?

RULING:
No, executive Agreements are not like treaties which are subject to the concurrence of at
least 2/3 of the members of the Senate. Agreements concluded by the President which fall short
of treaties are commonly referred to as executive agreements and are no less common in our
scheme of government than are the more formal instruments — treaties and conventions. They
sometimes take the form of exchanges of notes and at other times that of more formal documents
denominated ‘agreements’ or ‘protocols’. The point where ordinary correspondence between this
and other governments ends and agreements — whether denominated executive agreements or
exchanges of notes or otherwise — begin, may sometimes be difficult of ready ascertainment. It
would be useless to undertake to discuss here the large variety of executive agreements as such,
concluded from time to time. Hundreds of executive agreements, other than those entered into
under the trade- agreements act, have been negotiated with foreign governments.
Agustin vs. Edu, 83 SCRA 195
FACTS:
This is a petition questioning the validity of a Letter of Instruction providing for an early
warning device mandatory for motor vehicles. It is assailed in this prohibition proceeding as
being violative to the constitutional guarantee of due process in as far as the rules and regulations
for its implementation are concerned.
The assailed Letter of Instruction No. 229 of President Ferdinand Marcos aimed to
prevent road accidents and in the interest of safety on all streets, highways including
expressways. All motorist and motor vehicle owners shall have at all times one pair of early
warning device. These hazards posed by such obstructions to traffic have been recognized by
international bodies concerned with traffic safety, the 1968 Vienna Convention on Roads and
Signs and the United Nations Organization (UN). Philippine Government under P.D. No. 207
ratified the said Vienna convention requiring the installation of road signs and devices.
ISSUE:
Whether or not the assailed Letter of Instruction is invalid and violated constitutional guarantees
of due process.
RULING:
The assailed Letter of Instruction was a valid exercise of police power and there was no
unlawful delegation of legislative power on the part of the respondent. As identified, police
power is a state authority to enact legislation that may interfere on personal liberty or property in

order to promote the general welfare. In this case, the particular exercise of police power was
clearly intended to promote public safety.
It cannot be disputed that the Declaration of Principle found in the Constitution possesses
relevance: The Philippines adopts the generally accepted principles of international law as part of
the law of the nation. Thus, as impressed in the 1968 Vienna Convention it is not for this country
to repudiate a commitment to which it had pledged its word. Our country’s word was resembled
in our own act of legislative ratification of the said Hague and Vienna Conventions thru P.D. No.
207.
Tanada vs. Angara, 272 SCRA 18
FACTS:
Petitioners Senators Tañada, et al. questioned the constitutionality of the concurrence by
the Philippine Senate of the President’s ratification of the international Agreement establishing
the World Trade Organization (WTO). They argued that the WTO Agreement violates the
mandate of the 1987 Constitution to “develop a self-reliant and independent national economy
effectively controlled by Filipinos . . . (to) give preference to qualified Filipinos (and to) promote
the preferential use of Filipino labor, domestic materials and locally produced goods.” Further,
they contended that the “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 our Constitution, and render
meaningless the phrase “effectively controlled by Filipinos.”
ISSUES:
Whether or not the 1987 Constitution prohibit our country from participating in worldwide trade
liberalization and economic globalization and from integrating into a global economy that is
liberalized, deregulated and privatized?
RULING:
The 1987 Constitution does not prohibit our country from participating in worldwide
trade liberalization and economic globalization and from integrating into a global economy that
is liberalized, deregulated and privatized.
There are enough balancing provisions in the Constitution to allow the Senate to ratify
the Philippine concurrence in the WTO Agreement.
While the Constitution indeed mandates a bias in favor of Filipino goods, services, labor
and enterprises, at the same time, it recognizes the need for business exchange with the rest of

the world on the bases of equality and reciprocity and limits protection of Filipino enterprises
only against foreign competition and trade practices that are unfair. In other words, the
Constitution did not intend to pursue an isolationist policy. It did not shut out foreign
investments, goofs, 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.
The constitutional policy of a self-reliant and independent national economy does not
necessarily rule out the entry of foreign investments, goods, and services. It contemplates neither
economic seclusion nor mendicancy in the international community. As explained by
Constitutional Commissioner Bernardo Villegas, sponsor of this constitutional policy:
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. It does not mean
autarky or economic seclusion; rather, it means avoiding mendicancy in the international
community. Independence refers to the freedom from undue foreign control of the national
economy, especially in such strategic industries as in the development of natural resources and
public utilities.
The WTO reliance on “most favored nation,” “national treatment,” and “trade without
discrimination” cannot be struck down as unconstitutional as in fact they are rules of equality
and reciprocity that apply to all WTO members. Aside from envisioning a trade policy based on
“equality and reciprocity,” the fundamental law encourages industries that are “competitive in
both domestic and foreign markets,” thereby demonstrating a clear policy against a sheltered
domestic trade environment, but one in favor of the gradual development of robust industries that
can compete with the best in the foreign markets. Indeed, Filipino managers and Filipino
enterprises have shown capability and tenacity to compete internationally. And given a free trade
environment, Filipino entrepreneurs and managers in Hongkong have demonstrated the Filipino
capacity to grow and to prosper against the best offered under a policy of laissez faire.
Commissioner of Internal Revenue vs. S.C. Johnson and Son, Inc., 208 SCRA 87
Facts:
S.C. JOHNSON AND SON, INC., a domestic corporation organized and operating under
the Philippine laws, entered into a license agreement with SC Johnson and Son, United States of
America (USA), a non-resident foreign corporation based in the U.S.A. pursuant to which the
[respondent] was granted the right to use the trademark, patents and technology owned by the
latter including the right to manufacture, package and distribute the products covered by the
Agreement and secure assistance in management, marketing and production from SC Johnson
and Son, U. S. A.

The said License Agreement was duly registered with the Technology Transfer Board of
the Bureau of Patents, Trade Marks and Technology Transfer under Certificate of Registration
No. 8064.For the use of the trademark or technology, [respondent] was obliged to pay SC
Johnson and Son, USA royalties based on a percentage of net sales and subjected the same to
25% withholding tax on royalty payments which [respondent] paid for the period covering July
1992 to May 1993 in the total amount of P1,603,443.00
On October 29, 1993, Respondent filed with the International Tax Affairs Division (ITAD)
of the BIR a claim for refund of overpaid withholding tax on royalties arguing that, “the
antecedent facts attending case fall squarely within the same circumstances under which said
MacGeorge and Gillete rulings were issued. Since the agreement was approved by the
Technology Transfer Board, the preferential tax rate of 10% should apply. We therefore submit
that royalties paid by the respondent to SC Johnson and Son, USA is only subject to 10%
withholding tax pursuant to the most-favored nation clause of the RP-US Tax Treaty.
The Commissioner did not act on said claim for refund. Private respondent S.C. Johnson &
Son, Inc. (S.C. Johnson) then filed a petition for review before the Court of Tax Appeals
(CTA).The Court of Tax Appeals rendered its decision in favor of S.C. Johnson and ordered the
Commissioner of Internal Revenue to issue a tax credit certificate in the amount of P963,266.00
representing overpaid withholding tax on royalty payments, beginning July, 1992 to May, 1993.
The Commissioner of Internal Revenue thus filed a petition for review with the Court of
Appeals which rendered the decision finding no merit in the petition and affirming in toto the
CTA ruling.
ISSUE:
Whether the Court of Appeals erred in ruling that SC Johnson and Son, USA is entitled to
the “Most Favored Nation” Tax rate of 10% on Royalties as provide in the RP-US Tax Treaty in
relation to the RP-West Germany Tax Treaty?
RULING:
Under Article 24 of the RP-West Germany Tax Treaty, the Philippine tax paid on income
from sources within the Philippines is allowed as a credit against German income and
corporation tax on the same income. In the case of royalties for which the tax is reduced to 10 or
15 percent according to paragraph 2 of Article 12 of the RP-West Germany Tax Treaty, the
credit shall be 20% of the gross amount of such royalty. To illustrate, the royalty income of a
German resident from sources within the Philippines arising from the use of, or the right to use,
any patent, trade mark, design or model, plan, secret formula or process, is taxed at 10% of the
gross amount of said royalty under certain conditions. The rate of 10% is imposed if credit
against the German income and corporation tax on said royalty is allowed in favor of the German
resident. That means the rate of 10% is granted to the German taxpayer if he is similarly granted
a credit against the income and corporation tax of West Germany. The clear intent of the
“matching credit” is to soften the impact of double taxation by different jurisdictions.

The RP-US Tax Treaty contains no similar “matching credit” as that provided under the
RP-West Germany Tax Treaty. Hence, the tax on royalties under the RP-US Tax Treaty is not
paid under similar circumstances as those obtaining in the RP-West Germany Tax Treaty.
Therefore, the “most favored nation” clause in the RP-West Germany Tax Treaty cannot be
availed of in interpreting the provisions of the RP-US Tax Treaty.5
The rationale for the most favored nation clause, the concessional tax rate of 10 percent
provided for in the RP-Germany Tax Treaty should apply only if the taxes imposed upon
royalties in the RP-US Tax Treaty and in the RP-Germany Tax Treaty are paid under similar
circumstances. This would mean that private respondent must prove that the RP-US Tax Treaty
grants similar tax reliefs to residents of the United States in respect of the taxes imposable upon
royalties earned from sources within the Philippines as those allowed to their German
counterparts under the RP-Germany Tax Treaty.
The RP-US and the RP-West Germany Tax Treaties do not contain similar provisions on
tax crediting. Article 24 of the RP-Germany Tax Treaty expressly allows crediting against
German income and corporation tax of 20% of the gross amount of royalties paid under the law
of the Philippines. On the other hand, Article 23 of the RP-US Tax Treaty, which is the
counterpart provision with respect to relief for double taxation, does not provide for similar
crediting of 20% of the gross amount of royalties paid.
Since the RP-US Tax Treaty does not give a matching tax credit of 20 percent for the taxes
paid to the Philippines on royalties as allowed under the RP-West Germany Tax Treaty, private
respondent cannot be deemed entitled to the 10 percent rate granted under the latter treaty for the
reason that there is no payment of taxes on royalties under similar circumstances.
Frivaldo vs. COMELEC, 174 SCRA 245
FACTS:
Petitioner Juan G. Frivaldo was proclaimed governor-elect and assume office in due time.
The League of Municipalities filed with the COMELEC a petition for annulment of Frivaldo’s
election and proclamation on the ground that he was not a Filipino citizen, having been
naturalized in the United States. Frivaldo admitted the allegation but pleaded the special and
affirmative defenses that his naturalization was merely forced upon himself as a means of
survival against the unrelenting prosecution by the Martial Law Dictator’s agent abroad.
ISSUE:
Whether or not Frivaldo was a citizen of the Philippines at the time of his election?
RULING:

No. Section 117 of the Omnibus Election Code provides that a qualified voter must be,
among other qualifications, a citizen of the Philippines, this being an indispensable requirement
for suffrage under Article V, Section 1, of the Constitution.
Even if he did lose his naturalized American citizenship, such forfeiture did not and could
not have the effect of automatically restoring his citizenship in the Philippines that he had earlier
renounced.
Qualifications for public office are continuing requirements and must be possessed not
only at the time of appointment or election or assumption of office but during the officer’s entire
tenure.
Frivaldo is therefore disqualified from serving as a Governor of the Province of Sorsogon.
Moy Ya Lim Yao vs. Commissioner of Immigration, 41 SCRA 292
FACTS:
On 8 February 1961, Lau Yuen Yeung applied for a passport visa to enter the Philippines
as a non-immigrant, for a temporary visitor's visa to enter the Philippines. She was permitted to
come into the Philippines on 13 March 1961. On the date of her arrival, Asher Y, Cheng filed a
bond in the amount of P1,000.00 to undertake, among others, that said Lau Yuen Yeung would
actually depart from the Philippines on or before the expiration of her authorized period of stay
in this country or within the period as in his discretion the Commissioner of Immigration. After
repeated extensions, she was allowed to stay in the Philippines up to 13 February 1962. On 25
January 1962, she contracted marriage with Moy Ya Lim Yao alias Edilberto Aguinaldo Lim an
alleged Filipino citizen. Because of the contemplated action of the Commissioner of Immigration
to confiscate her bond and order her arrest and immediate deportation, after the expiration of her
authorized stay, she brought an action for injunction with preliminary injunction. The Court of
First Instance of Manila (Civil Case 49705) denied the prayer for preliminary injunction. Moya
Lim Yao and Lau Yuen Yeung appealed.
ISSUE:
Whether Lau Yuen Yeung ipso facto became a Filipino citizen upon her marriage to a Filipino
citizen?
RULING:
Under Section 15 of Commonwealth Act 473, an alien woman marrying a Filipino, native
born or naturalized, becomes ipso facto a Filipina provided she is not disqualified to be a citizen
of the Philippines under Section 4 of the same law. Likewise, an alien woman married to an alien
who is subsequently naturalized here follows the Philippine citizenship of her husband the
moment he takes his oath as Filipino citizen, provided that she does not suffer from any of the

disqualifications under said Section 4. Whether the alien woman requires to undergo the
naturalization proceedings, Section 15 is a parallel provision to Section 16. Thus, if the widow of
an applicant for naturalization as Filipino, who dies during the proceedings, is not required to go
through a naturalization proceedings, in order to be considered as a Filipino citizen hereof, it
should follow that the wife of a living Filipino cannot be denied the same privilege. Everytime
the citizenship of a person is material or indispensible in a judicial or administrative case,
Whatever the corresponding court or administrative authority decides therein as to such
citizenship is generally not considered as res adjudicata, hence it has to be threshed out again and
again as the occasion may demand. Lau Yuen Yeung, was declared to have become a Filipino
citizen from and by virtue of her marriage to Moy Ya Lim Yao al as Edilberto Aguinaldo Lim, a
Filipino citizen of 25 January 1962.
Bengzon III vs. House Representatives Electoral Tribunal, 357 SCRA 545
FACTS:
Respondent Cruz was a natural-born citizen of the Philippines. He was born in San
Clemente, Tarlac, on April 27, 1960, of Filipino parents. On November 5, 1985, respondent Cruz
enlisted in the United States Marine Corps and took an oath of allegiance to the United States.
As a consequence, his Filipino citizenship was lost. But he reacquired Filipino citizenship
through repatriation under RA No. 2630.
Subsequently, he was elected as the Representative of the Second District of Pangasinan.
He won over petitioner Antonio Bengson III, who was then running for re-election. Petitioner
filed a case claiming that respondent Cruz was not qualified to become a member of the
House of Representatives since he is not a natural-born citizen as requiredunder Article VI,
section 6 of the Constitution.
ISSUE:
Whether or not respondent Cruz, a natural-born Filipino who became an American
citizen, can still be considered a natural-born Filipino upon his reacquisition of
Philippine citizenship?
RULING:
Filipino citizens who have lost their citizenship may however reacquire the
same in the manner provided by law. Commonwealth Act No. 63 (C.A. No. 63),
enumeratesthe three modes by which Philippine citizenship may be reacquired by
a former citizen: (1) by naturalization, (2) by repatriation, and (3) by direct act
of Congress. Repatriation may be had under various statutes by those who lost

their citizenship due to: (1) desertion of the armed forces; services in the armed
forces of the allied forces in World War II; (3) service in the Armed Forces of the
United States at any other time, (4)marriage of a Filipino woman to an alien; and
(5) political economic necessity. Repatriation results in the recovery of the
original nationality.
This means that a naturalized Filipino who lost his citizenship will be
restored to his prior status as a naturalized Filipino citizen. If he was
originally a natural-born citizen before he lost his Philippine citizenship, he will
be restored to his former status as a natural-born Filipino.
In respondent Cruz's case, he lost his Filipino citizenship when he rendered
service in the Armed Forces of the United States. However, he subsequently
reacquired Philippine citizenship under R.A. No. 2630.Having thus taken the
required oath of allegiance to the Republic and having registered the same in the
Civil Registry respondent Cruz is deemed to have recovered his original status as a
natural-born citizen, a status which he acquired at birth as the son of a Filipino
father. It bears stressing that the act of repatriation allows him to recover, or
return to, his original status before he lost his Philippine citizenship.
Aznar vs. COMELEC, 185 SCRA 703
FACTS:
Private respondent Emilio "Lito" Osmeña filed his certificate of candidacy
with the COMELEC for the position of Provincial Governor of Cebu Province in the January
18, 1988 local elections.
Petitioner Jose B. Aznar in his capacity as its incumbent Provincial
Chairman filed with the COMELEC a petition for the disqualification of private
respondent on the ground that he is allegedly not a Filipino citizen, being a
citizen of the United States of America.
On January 27, 1988, petitioner filed a Formal Manifestation submitting a Certificate
issued by the then Immigration and Deportation Commissioner Miriam Defensor
Santiago certifying that private respondent is an American and is a holder of Alien
Certificate of Registration (ACR) No. B-21448 and Immigrant Certificate
of Residence (ICR) No. 133911, issued at Manila on March 27 and 28, 1958,
respectively. (Annex "B-1").
During the hearing at the COMELEC Private respondent, maintained that he
is a Filipino citizen, alleging: that he is the legitimate child of Dr. Emilio D. Osmeña, a
Filipino and son of the late President Sergio Osmeña, Sr.; that he is a holder of a valid and

subsisting Philippine Passport No. 0855103 issued on March 25, 1987; that he has
been continuously residing in the Philippines since birth and has not gone out of the country for
more than six months; and that he has been a registered voter in the Philippines since 19 65.
Thereafter, on June 11, 1988, COMELEC (First Division) dismissed
the petition for disqualification for not having been timely filed and for lack of
sufficient proof that private respondent is not a Filipino citizen. Hence, the
petition for Certiorari.
ISSUE:
Whether or not respondent is no longer a Filipino citizen by acquiring dual-
citizenship?
RULING:
SC dismissed petition for certiorari upholding COMELEC’s decision.
The petitioner failed to present direct proof that private respondent had lost his
Filipino citizenship by any of the modes provided for under C.A. No. 63. these are:
(1) by naturalization in a foreign country; (2) by express renunciation of citizenship; and (3) by
subscribing to an oath of allegiance to support the Constitution or laws of a foreign
country. From the evidence, it is clear that private respondent Osmeña did not lose
his Philippine citizenship by any of the three mentioned hereinabove or by any
other mode of losing Philippine citizenship. In the instant case, private respondent
vehemently denies having taken the oath of allegiance of the United States. He is a
holder of a valid and subsisting Philippine passport and has continuously participated in the
electoral process in this country since 1963 up to the present, both as a voter and as a
candidate. Thus, private respondent remains a Filipino and the loss of his
Philippine citizenship cannot be presumed. Considering the fact that admittedly

Labo vs. COMELEC, 176 SCRA 1
FACTS:
Petitioner Ramon Labo, elected mayor of Baguio City was questioned on his citizenship.
He was married in the Philippines to an Australian citizen. The marriage was declared void in the
Australian Federal Court in Sydney on the ground that the marriage had been bigamous.
According to Australian records, Labo is still an Australian citizen.
ISSUE:
Whether or not Petitioner Labo is a citizen of the Philippines?
RULING:
The petitioner’s contention that his marriage to an Australian national in 1976 did not
automatically divest him of Philippine citizenship is irrelevant. There is no claim or finding that
he automatically ceased to be a Filipino because of that marriage. He became a citizen of
Australia because he was naturalized as such through a formal and positive process, simplified in
his case because he was married to an Australian citizen. As a condition for such naturalization,
he formally took the Oath of Allegiance and/or made the Affirmation of Allegiance, renouncing
all other allegiance. It does not appear in the record, nor does the petitioner claim, that he has
reacquired Philippine citizenship.
Kookooritchkin vs. Solicitor General, 81 PHIL 435
FACTS:
Eremes Kookooritchkin is a native-born Russia. He grew up as a citizen of the defunct
Imperial Russian Government under the Czars. When the revolution broke out in Russia in 1917,
he joined the White Russian Army at Vladivostok and fought against the Bolsheviks until 1922
when the White Russian Army was overwhelmed by the Bolsheviks. As he refused to join the
Bolshevik regime, he fled by sea from Vladivostok to Shanghai and from this Chinese port he
found his way to Manila, arriving at this port as a member of a group of White Russians under
Admiral Stark in March, 1923. He stayed in Manila for about seven months, then moved to
Olongapo, Zambales, where he resided for about a year, and from this place he went to Iriga,
Camarines Sur, where he established his permanent residence since May, 1925. He has remained
a resident of this municipality, except for a brief period from 1942 to July, 1945, when by reason
of his underground activities he roamed mountains of Caramoan as a guerrilla officer. After
liberation he returned to Iriga where again he resides up to the present time.
Kookooritchkin is married to a Filipino by the name of Concepcion Segovia, with whom
he has one son named Ronald Kookooritchkin. He is shop superintendent of A. L. Ammen
Transportation Company, with about eighty Filipino employees working under him. He receives

an annual salary of P13,200 with free quarters and house allowance. He also owns stocks and
bonds of this and other companies.
Kookooritchkin speaks and writes English and the Bicol dialect. Socially he intermingles
with the Filipinos, attending parties, dances and other social functions with his wife. He has a
good moral character and believes in the principles underlying the Philippine Constitution. He
has never been accused of any crime. On the other hand, he has always conducted himself in a
proper and irreproachable manner during his entire period of residence in Camarines Sur, in his
relations with the constituted authorities as well as with the community.
Although a Russian by birth he is not a citizen of Soviet Russia. He disclaims allegiance
to the present Communist Government of Russia. He is, therefore, a stateless refugee in this
country, belonging to no State, much less to the present Government of the land of his birth to
which he is uncompromisingly opposed. He is not against organized government or affiliated
with any association which upholds and teaches doctrine opposing all organized governments.
He does not believe in the necessity or propriety of violence, personal assault or assassination for
the success or predominance of his ideas. Neither is he a polygamist or a believer in the practice
of polygamy. He is not suffering from any mental alienation or incurable contagious disease.
ISSUE:
Whether or not Kookooritchkin is considered a stateless refugee?
RULING:
Yes. Kookooritchkin’s testimony, besides being uncontradicted, is supported by the well-
known fact that the ruthlessness of modern dictatorship has scattered throughout the world a
large number of stateless refugees or displaced persons, without country and without flag. The
tyrannical intolerance of said dictatorships toward all opposition induced them to resort to
beastly oppression, concentration camps and blood purges, and it is only natural that the not-so-
fortunate ones who were able to escape to foreign countries should feel the loss of all bonds of
attachment to the hells which were formerly their fatherland's. Petitioner belongs to that group of
stateless refugees. Knowing, as all cultured persons all over the world ought to know, the history,
nature and character of the Soviet dictatorship, presently the greatest menace to humanity and
civilization, it would be technically fastidious to require further evidence of petitioner's claim
that he is stateless than his testimony that he owes no allegiance to the Russian Communist
Government and, is because he has been at war with it, he fled from Russia to permanently
reside in the Philippines. After finding in this country economic security in a remunerative job,
establishing a family by marrying a Filipina with whom he has a son, and enjoying for 25 years
the freedoms and blessings of our democratic way of life, and after showing his resolution to
retain the happiness he found in our political system to the extent of refusing to claim Russian
citizenship even to secure his release from the Japanese and of casting his lot with that of our
people by joining the fortunes and misfortunes of our guerrillas, it would be beyond
comprehension to support that the petitioner could feel any bond of attachment to the Soviet
dictatorship.

Tuquero vs. Munoz, G.R. No. 140520
FACTS:
The Hong Kong Magistrate’s Court issued a warrant for the arrest of Munoz for
accepting bribes in violation of a HK ordinance and for conspiring to defraud. Later, the
Philippines DOJ was requested by the Mutual Legal Assistance Unit of the Hong Kong DOJ for
the provisional arrest of Munoz pursuant to the RP-HK Extradition Agreement.
The request was forwarded to the NBI. Subsequently, a warrant for the arrest of Munoz
was issued by the RTC. Munoz filed with the CA a petition for certiorari, prohibition and
mandamus with application for preliminary mandatory injunction and/or writ of habeas corpus
assailing the validity of the Order of Arrest, which the CA granted on the ff. grounds: 1) that the
request was unauthenticated and mere facsimile copies which are insufficient to form a basis for
its issuance; 2) that the 20 day period under PD 1069 or the Philippine extradition law was not
amended by the RP-HK extradition agreement which provides for a 45 day period for provisional
arrest; 3) the judge issued it without having personally determined the existence of probable
cause; and 4) the requirement of dual criminality under the Philippine extradition law has not
been satisfied as the crimes complained of are not punishable by Philippine laws. Munoz filed
for release contending that since he has been detained beyond 20 days, the maximum for the
provisional arrest, without a request for extradition being received by the DOJ, he should be
released.
ISSUE:
Whether the provisional warrant of arrest issued by the RTC was void?
RULING:
Yes. Sec. 20 of PD 1069 provides that the requesting state may, pursuant to the relevant
treaty or convention and while the same remains in force, request for the provisional arrest of the
accused, pending receipt of the request for extradition. In urgent cases, the person sought may, in
accordance with the law of the requested Party, be provisionally arrested on the application of
the requesting Party. There was urgency in the present case as there was a concern of Munoz
being a flight risk if he will be informed of the pending request for extradition especially given
the fact that if he will be found guilty of the charges against him, the penalties are of such gravity
as to increase the probability of Munoz absconding if allowed provisional liberty.
The request, as well as the accompanying documents, is valid despite lack of
authentication. The pertinent extradition law does not provide for a requirement of authentication
for the provisional arrest. Moreover, the authenticated copies of the decision or sentence imposed
upon Munoz by HK and the warrant of arrest has already been received by the Phil. Furthermore,
the extradition agreement only requires authentication for the request of extradition and not for
the provisional arrest. Provisional arrest is a solution to the impending risk of flight as the
process of preparing a formal request for extradition and its accompanying documents is time-

consuming and leakage-prone. Thus, it is an accepted practice for the requesting state to rush its
request in the form of a telex or diplomatic cable or facsimile. The temporary hold on private
respondent’s privilege of notice and hearing is a soft restraint on his right to due process which
will not deprive him of fundamental fairness should he decide to resist the request for his
extradition to HK. There is no denial of due process as long as fundamental fairness is assured a
party.
Harvey vs. Santiago, 162 SCRA 840
Facts:
Petitioners are the following: American nationals Andrew Harvey and Jonh Sherman,
Dutch Citizen Adriaan Van Den Elshout. All of them reside at Pagsanjan, Laguna.
Respondent Commissioner Miriam Defensor Santiago issued Mission Orders to the
Commission of Immigration and Deportation (CID) to apprehended petitioners at their
residences. The “Operation Report” read that Andrew Harvey was found together with two
young boys. Richard Sherman was found with two naked boys inside his room. While Van Den
Elshout in the “after Mission Report” read that two children of ages 14 and 16 has been under his
care and subjects confirmed being live-in.
During petitioner’s apprehension there were rolls of photo negatives and photos of
suspected child prostitutes shown in scandalous poses as well as boys and girls engaged in sex.
Posters and other literature advertising the child prostitutes were also found.
Petitioners were among the 22 suspected alien pedophiles. They were apprehended 17
February1988 after close surveillance for 3 month of the CID in Pagsanjan, Laguna. 17 of the
arrested aliens opted for self-deportation. One released for lack of evidence, another charged not
for pedophile but working with NO VISA, the 3 petitioners chose to face deportation
proceedings. On 4 March1988, deportation proceedings were instituted against aliens for being
undesirable aliens under Sec.69 of Revised Administrative Code.
Warrants of Arrest were issued against petitioners for violation of of Immigration Act
and the Revised Administrative Code. Trial by the Board of Special Inquiry III commenced the
same date. Petition for bail was filed but was not granted by the Commissioner of Immigration.
Petitioners filed a petition for Writ of Habeas Corpus.
ISSUES:
1. Whether or not the Commissioner has the power to arrest and detain petitioners pending
determination of existence of probable cause?
2. Whether or not there were unreasonable searches and seizures by CID agents?
3. Whether or not the writ of Habeas Corpus may be granted to petitioners?
RULING:

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