Supreme Court upholds validity of wargames

The Supreme Court voted 10-3 and upheld the validity of the joint Philippine-U.S. wargames in Mindanao, but added that U.S. troops should not engage in combat operations to flush out the Abu Sayyaf.

The justices clarified that treaties with foreign countries are "always subject to qualification or amendment by a subsequent law, or that it is subject to the police power of the State," but added: "It leaves us no doubt that the U.S. forces are prohibited from engaging in an offensive war on Philippine territory."

"Neither the Mutual Defence Treaty nor the Visiting Forces Agreement allows foreign troops to engage in an offensive war on Philippine territory," Justice Sabino de Leon wrote in his 22-page opinion.

All the 15 member-jurists, except Justices Satiago Kapunan, Consuelo Ynares-Santiago and Angelina Sandoval-Gutierrez, ruled that President Gloria Macapagal-Arroyo did not abuse her powers in approving the joint military exercises.

The court advised the petitioners, lawyers Arthur Lim, Paulino Ersando, Sanlakas and Workers Party, that they could still prove their injury to the lower courts. The court clarified that the petitioners should re-file their complaint in the proper regional trial court.

De Leon said Lim and Ersando, former Integrated Bar of the Philippines officials, "have failed to demonstrate the requisite showing of direct personal injury" as a result of the military training.

The court also said the length of stay of U.S. forces has been addressed in the Terms of Reference signed by Foreign Secretary and Vice President Teofisto Guingona.

"Visiting U.S. forces may sojourn in Philippine territory for purposes other than military," said the court, adding the joint exercises may include training on new techniques of patrol and surveillance to protect the nation's marine resources, sea search-and rescue operations to assist vessels in distress, disaster relief.