Business policy in an asian context case study 3 by emmanuel v soriano

Cave art painting occurred about 7, years old in Baja California Peninsula.

Business policy in an asian context case study 3 by emmanuel v soriano

Executive Secretary dated 12 January There, this Court ruled that the petitions be dismissed. Other forms of relief just and equitable under the premises are likewise prayed for.


At the outset, petitioners questioned the procedural findings of the Court despite acknowledging the fact that the Court had given them standing to sue.

As for the substantive grounds, petitioners claim this Court erred when it ruled that EDCA was not a treaty. Petitioners do not present new arguments to buttress their claims of error on the part of this Court.

They have rehashed their prior arguments and made them responsive to the structure of the Decision in Saguisag, yet the points being made are the same. However, certain claims made by petitioners must be addressed.

On verba legis interpretation Petitioners assert that this Court contradicted itself when it interpreted the word "allowed in" to refer to the initial entry of foreign bases, troops, and facilities, based on the fact that the plain meaning of the provision in question referred to prohibiting the return of foreign bases, troops, and facilities except under a treaty concurred in by the Senate.

Journal Articles:

Firstly, verba legis is a mode of construing the provisions of law as they stand. Secondly, by interpreting "allowed in" as referring to an initial entry, the Court has simply applied the plain meaning of the words in the particular provision.

After all, the Constitution did not state that foreign military bases, troops, and facilities shall not subsist or exist in the Philippines.

Business policy in an asian context case study 3 by emmanuel v soriano

This is precisely the reason why any valid mode of interpretation must take into account how the law is exercised and its goals effected. The Constitution cannot be viewed solely as a list of prohibitions and limitations on governmental power, but rather as an instrument providing the process of structuring government in order that it may effectively serve the people.

In this particular case, we find that EDCA did not go beyond the framework. The general rule is that foreign bases, troops, and facilities are not allowed in the Philippines.

Business policy in an asian context case study 3 by emmanuel v soriano

The lengthy legal analysis resulted in a proper categorization of EDCA: As we stated in the Decision: ChanRoblesVirtualawlibrary xxx [I]t must already be clarified that the terms and details used by an implementing agreement need not be found in the mother treaty.

They must be sourced from the authority derived from the treaty, but are not necessarily expressed word-for-word in the mother treaty. The parties, both petitioners and respondents must therefore read the Decision carefully in order to fully comply with its disposition. More emphatically, they state that prepositioning itself as an activity is not allowed under the VFA.

The full quote reads as follows: ChanRoblesVirtualawlibrary Siazon clarified that it is not the VFA by itself that determines what activities will be conducted between the armed forces of the U.

The VFA regulates and provides the legal framework for the presence, conduct and legal status of U. Executive Secretary,24 even though the Court in that case was faced with a challenge to the Terms of Reference of a specific type of joint exercise, the Balikatan Exercise.

The agreement is about personnel and not equipment or supplies.

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However, even if we grant its veracity, the text of the VFA itself belies such a claim. Article I of the VFA states that "[a]s used in this Agreement, "United States personnel" means United States military and civilian personnel temporarily in the Philippines in connection with activities approved by the Philippine Government.

It is true that Article VII on Importation did not indicate pre-positioned materiel, since it referred to "United States Government equipment, materials, supplies, and other property imported into or acquired in the Philippines by or on behalf of the United States armed forces in connection with activities to which this agreement applies[.

In fact, the Court had previously noted that [n]ot much help can be had therefrom [VFA], unfortunately, since the terminology employed is itself the source of the problem.Population Research and Policy Review, Volume 36, Issue 3, 1 January , https: A case study in Madrid (Spain) and Baltimore (USA) Julia Díez; Usama Bilal Trends in health complaints from to in 34 countries and their association with health behaviours and social context factors at individual and macro-level.

V. Ottova. While the President is undeniably the chief architect of foreign policy and is the country's chief representative in international affairs, 15 this wide grant of power operates under the wider context of the shared functions of the three branches of government in the conduct of international relations.

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