Wednesday, October 26, 2011

Tanada vs angara GR 118295

Tanada vs angara
GR 118295

Facts:  the instant case is a petition for certiorari,prohibition and mandamus filed bby petitioner to contest the constitutionality of joinuing the WTO which was concurred upon by majority of the Senate.  Petioner contends that it is in conflict with the provisions of our constitution, specifically Art,11 sec 19, and art 12, sec 10. 
Issue: whether or not such affiliation is prohibited by our constitution

Held:  art 2 of the constitution, the principles stated herein are not self-executingg.  They are used by the judiciary as aids or as guidelines in the exercise of its power of judicial review, and by the legislature in its enactments of laws.  They are not sources for causes of action.

Furthermore, the treaty is in harmony with the generally accepted principles of international law as part of the law of the land and the adherence of the amity with all nations.  The deliberation and voting of the senate, voluntarily and overwhelmingly gave its consent to the WTO agreement, thereby making it a part of the law of the land.

The petition is dismissed for lack of merit.

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