Arigo v. Swift
Arigo v. Swift
Arigo v. Swift
SWIFT determination of the extent of responsibility of the US Government as regards the
Topic: Sovereign/ State Immunity damage to the Tubbataha Reefs rests exclusively with the executive branch.
FACTS: It is also well contested by the Respondents herein that they are not part of the
The USS Guardian is an Avenger-class mine countermeasures ship of the US United Nations on the Law of the Sea (UNCLOS), hence the doctrine of state immunity
Navy. In December 2012, the US Embassy in the Philippines requested diplomatic applies
clearance for the said vessel "to enter and exit the territorial waters of the Philippines
and to arrive at the port of Subic Bay for the purpose of routine ship replenishment, ISSUES: Whether the VFA is applicable in this present petition
maintenance, and crew liberty." On January 6, 2013, the ship left Sasebo, Japan for
Subic Bay. While transiting the Sulu Sea, the ship ran aground on the northwest side of HELD:
South Shoal of the Tubbataha Reefs, about 80 miles east-southeast of Palawan. No, the Court held that a ruling on the application or non-application of criminal
U.S. 7th Fleet Commander, Scott Swift, and US Ambassador expressed regret jurisdiction provisions of the VFA to US personnel who may be found responsible for the
for the incident in a press statement and assured that the United States will provide grounding of the USS Guardian, would be premature and beyond the province of a
appropriate compensation for damage to the reef caused by the ship." petition for a writ of Kalikasan. The Court also found it unnecessary at this point to
Petitioners on their behalf and in representation of their respective determine whether such waiver of State immunity is indeed absolute. In the same vein,
sector/organization and others, including minors or generations yet unborn, filed the the Court cannot grant damages which have resulted from the violation of environmental
present petition of a Writ of Kaliaksan against Scott H. Swift in his capacity as laws.
Commander of the US 7th Fleet and his team including Pres Benigno Aquino DFA Sec, The VFA is an agreement which defines the treatment of United States troops
DENR Sec among others collectively the respondents. and personnel visiting the Philippines to promote "common security interests" between
Petitioners claim that the grounding, salvaging and post-salvaging operations of the US and the Philippines in the region. It provides for the guidelines to govern such
the USS Guardian cause and continue to cause environmental damage of such visits of military personnel, and further defines the rights of the United States and the
magnitude as to affect the provinces of Palawan, Antique, Aklan, Guimaras, Iloilo, Philippine government in the matter of criminal jurisdiction, movement of vessels and
Negros Occidental, Negros Oriental, Zamboanga del Norte, Basilan, Sulu, and aircraft, importation and exportation of equipment, materials and supplies. The
Tawi-Tawi, which events violate their constitutional rights to a balanced and healthful invocation of US federal tort laws and even common law is thus improper considering
ecology. They also seek a directive from this Court for the institution of civil, that it is the VFA which governs disputes involving US military ships and crew navigating
administrative and criminal suits for acts committed in violation of environmental laws Philippine waters in pursuance of the objectives of the agreement.
and regulations in connection with the grounding incident.
On the other hand, Respondents’ consolidated comment states that the As it is, the waiver of State immunity under the VFA pertains only to criminal
opposition to the application for a TEPO and ocular inspection and production orders, jurisdiction and not to special civil actions such as the present petition for issuance of a
respondents assert that: First, the grounds relied upon for the issuance of a TEPO or writ of Kalikasan.
writ of Kalikasan have become fait accompli as the salvage operations on the USS
Guardian were already completed; Second, the petition is defective in form and In the light of the foregoing, the Court defers to the Executive Branch on the
substance; Third, the petition improperly raises issues involving the VFA between the matter of compensation and rehabilitation measures through diplomatic channels.
Republic of the Philippines and the United States of America; and lastly, the Resolution of these issues impinges on our relations with another State in the context of
common security interests under the VFA. It is settled that the conduct of the foreign
relations of our government is committed by the Constitution to the executive and
legislative-"the political" --departments of the government, and the propriety of what
may be done in the exercise of this political power is not subject to judicial inquiry or
decision.
On the other hand, the Court cannot grant the additional reliefs prayed for in the
petition to order a review of the VFA and to nullify certain immunity provisions thereof.
The VFA being a valid and binding agreement, the parties are required as a matter of
international law to abide by its terms and provisions. The present petition under the
Rules is not the proper remedy to assail the constitutionality of its provisions.
WHEREFORE, the petition for the issuance of the privilege of the Writ of Kalikasan is
hereby DENIED.