WHAT IS THE DISCUSSION OF ARTICLE 2 SECTION 2 ~ philippine reaction

Section 2. The Philippines renounces war as an instrument of national policy, 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.

EXPLINATION:

At issue in the Balikatan Case was the constitutionaly of the conduct of the joint training exercise, reffered to as Balikatan 02-01, of Us and the Philippine soldiers in the mindanao. Petitioners asked the Supreme Courtto prohibit the excerciseon the ground taht the excercise is not sanctioned by any treaty and is therefore unconstitutional. Undet the Terms of Reference ("TOR") entered into on Febuary 11, 2002 by the Philippines and the United States,"The Exercise is a mutual counter-terrosism advising, assisting and training excercise relative to philippine efforts against the ASG, [Abu SAyaf Group], and well be conductedon hte island Baasilan" and "in MAlagutay and the Zamboanga area." The TOR provied that "US exercise prticipants shall not engage in combat without prejudice to thier right of self defense." Petitioners claimed that "Balikatan 02-01'is actually a war principally conducted by the UNited States government [against ASG] and that the provision on self-defense serves only as camouflage to conceal the true nature of the excercise."

The Supreme Cuort ruled that the following "premises leave no doubt that US forces are probihitedfrom engaging in an offensive war on Philippine territory": (a) neither the MDT [Mutual Defense Treaty] nor the VFA [Visiting Forces Agreement between the Philippines and the US] allow foriegn troops to engage in offensive war on Philippine Territory,"The military presece in the country, or of foriegn influencein general" and "foriegn troops are allowed entry into the Philippines only by way of direct exception," such exception being when the foriegn troops allowed in the philippines "under a treaty," and "our constitution authorizes the nollification of a treaty,not only when it conflicts with the fundamental law, but also when its run counter to act an Congress."

But the Court dismissed the petition becuse the Supreme Court is not a trier of facts" and the petition raised "basically a question of fact," Wether American troops were "actively engaged in combat alongside Filipino soldiers under the guise of and alleged training and assistance excercise."

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