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EN BANC

NOTICE
Sirs/Mesdames:

Please take notice that the Court en bane issued a Resolution

dated OCTOBER 21, 2014, which reads as follows:

"G.R. No. 212426 (Rene A.V. Saguisag, .et al. vs. Executive
Secretary Paquito N. Ochoa, Jr., et al.; Kilusang Mayo Uno, et al.,
petitioners-in-intervention) and G.R. No. 212444 (Bagong Alyansang
Makabayan [BAYAN], represented by its Secretary General, Renato M.
Reyes, Jr., et al. vs. Department of Defense Secretary Voltaire Gazmin, et
al.; Kilusang Mayo Uno, et al. and Rene A.Q. Saguisag, Jr., petitioners-inintervention).- The Court Resolved to

(a) NOTE the Consolidated Comment (on the

petitions in G.R. No. 212426 and G.R. No. 212444 and the
petitions-in-intervention filed by Kilusang Mayo Uno, et al.
and Rene A Q. Saguisag, Jr.) dated October 10, 2014 filed by
the Office of the Solicitor General in compliance with
resolutions dated June 3, 2014 and July 8, 2014; and
(b) SET these cases for ORAL ARGUMENTS on
November 18, 2014, Tuesday, at 2:00 p.m. at the New Session
Hall, New Supreme Court Building, Padre Faura St., Ermita,
Manila, and RESERVE November 25, 2014, Tuesday, for
continuation of oral arguments, if necessary.
Let the Advisory on the oral arguments be issued together with this
resolution." Velasco, Jr. and Del Castillo, JJ., on official leave. (adv65)
Very truly yours,

~~VI}1AL
~~of \ld

ENRI

Court

(with Advisory)

'\

Resolution

HONORABLE MARIA LOURDES P.A. SERENO (x)

CHIEF JUSTICE
HON. ANTONIO T. CARPIO (x)
HON. PRESBITERO J. VELASCO ..JR. (x)
HON. TERESITA J. LEONARDO-DE CASTRO (x)
HON. ARTURO D. BRION (x)
HON. DIOSDADO M. PERAL TA (x)
HON. LUCAS P. BERSAMIN (x)
HON. MARIANO C. DEL CASTILLO (x)
HON. MARTIN S. VILLARAMA, JR. (x)
HON. JOSE P. PEREZ (x)
HON. JOSE C. MENDOZA (x)
HON. BIENVENIDO L. REYES (x)
HON. ESTELA M. PERLAS-BERNABE (x)
HON. MARVIC MARIO VICTOR F. LEONEN (x)
HON. FRANCIS H. JARDELEZA (x)
Associate Justices
Supreme Court
Attys. HARRY L. ROQUE & ROMEL R. BAGARES &
ETHEL C. AVISADO (x)
ROQUE and BUTUYAN LAW OFFICES
Counsel for Petitioners in G. R. No. 212426
1904 Antel Corporate Center
121 Valero St., Salcedo Village,
Makati City
Attys. RACHEL F. PASTORES, AMYLYN B.
SATO, FRANCIS ANTHONY P. PRINCIPE, SANDRA
JILL S. SANTOS & CARLOS A.
MONTEMAYOR, JR. (x)
Public Interest Law Center
Counsel for Petitioners in G. R. No. 212444
4/F Kajia Bldg., 7836 Makati Ave.,
Attys. MARIA KRISTINA C. CONTI & MANEEKA
ASISTOL SARZA (x)
National Union of Peoples' Lawyers
Counsel for Petitioners in G. R. No. 212444
3/F Erythrina Building
No. 1 Matatag cor. Maaralin Sts.,
Central District, Quezon City
Attys. REMEGIO D. SALADERO Jr., NOEL V. NERI
and VICENTE JAIME M. TOPACIO (x)
Pro-Labor Legal Assistance Center
Counsel for the Petitioners-ln-lnteNention
No. 33-B E. Rodriguez Sr. Avenue, Quezon City

-2-

G. R. No. 212426, et al.

October 21, 2014

MR. JOERY L. GAYANAN (x)

SC SupeNising Judicial Staff Officer
OIC,SC Security Division
Supreme Court
Executive Secretary PAQUITO N. OCHOA.JR. (x)
Malacariang Palace, J.P. Laurel Sr. St.
Manila
Secretary VOLTAIRE GAZMIN (x)
Department of National Defense
DND Bldg., Segundo Ave.,
Camp General Emilio Aguinaldo
Quezon City
Secretary ALBERT DEL ROSARIO (x)
Department of Foreign Affairs
DFA Building, Roxas Blvd., Pasay City
Secretary FLORENCIO ABAD (x)
Department of Budget & Management
J.P. Laurel St., Malacariang, Manila
Gen. EMMANUEL T. BAUTISTA (x)
Office of the Chief of Staff, Armed Forces of the
Philippines, DND Bldg. Segundo Avenue
Camp General Emilio Aguinaldo, Quezon City
The SOLICITOR GENERAL (x)
Office of the Solicitor General
134 Amorsolo St., Legaspi Village
1229 Makati City
PIO LORENZO BATINO (x)
Defense Undersecretary
& RAYMOND JOSE QUILOP (x)
DND Asst. Secretary for Strategic Assessments
DND Bldg. Segundo Avenue
Camp General Emilio Aguinaldo, Quezon City
Ambassador LOURDES YPARRAGUIRRE (x)
DFA Building, 2330 Roxas Boulevard, Pasay City
Ambassador J. EDUARDO MALA YA (x)
DFA Building, 2330 Roxas Boulevard, Pasay City
Justice Undersecretary FRANCISCO BARAAN Ill (x)
Department of Justice
Ermita, Manila

Atty. RENE A.V. SAGUISAG (x)

4045 Bigasan St., Palanan
1235 Makati
../

PUBLIC INFORMATION OFFICE (x)

; JUDICIAL RECORDS OFFICE (x)
Supreme Court

G.R. No. 212426, et al.

wmd 102114 (adv65) 102114

..

3L\,epublic of tbe llbilippines

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:ffianila
EN BANC

ADVISORY
GR. No. 212426 (Rene A.V. Saguisag, Wigberto E. Tafiada, Francisco
"Dodong" Nemenzo, Jr., Sr. Mary John Mananzan, Pacifico A. Agabin, Esteban
"Steve" Salonga, H. Harry L. Roque, Jr., Evalyn G. Ursua, Edre U. Olalia, Dr.
Carol Pagaduan-Araullo, Dr. Roland Simbulan, and Teddy Casifio vs. Executive
Secretary Paquito N. Ochoa, Jr., Department of Defense Secretary Voltaire
Gazmin, Department of Foreign Affairs Secretary Albert del Rosario, Jr.,
Department of Budget and Management Secretary Florencio Abad, and Armed
Forces of the Philippines Chief of Staff General Emmanuel T. Bautista); and
GR No. 212444 (Bagong Alyansang Makabayan [BAYAN], represented
by its Secretary General Renato M. Reyes, Jr., Bayan Muna Party-List
Representatives Neri J. Colmenares and Carlos Zarate, Gabriela Women's PartyList Representatives Luz Ilagan and Emerenciana de Jesus, Act Teachers PartyList Representative Antonio L. Tinio, Anakpawis Party-List Representative
Fernando Hicap, Kabataan Party-List Representative Terry Ridon, Makabayang
Koalisyon ng Mamamayan [MAKABAYAN], represented by Saturnino Ocampo
and Liza Maza, Bienvenido . Lumbera, Joel C. Lamangan, Rafael Mariano,
Salvador France, Rogelio M. Soluta, and Clemente G. Bautista, vs. Department
of Defense [DND] Secretary Voltaire Gazmin, Department of Foreign Affairs
Secretary Albert del Rosario, Executive Secretary Paquito N. Ochoa, Jr., Armed
Forces of the Philippines Chief of Staff General Emmanuel T. Bautista, Defense
Undersecretary Pio Lorenzo Batino, Ambassador Lourdes Yparraguirre,
Ambassador J. Eduardo Malaya, Department of Justice Undersecretary Francisco
Baraan III, and DND Assistant Secretary for Strategic Assessments Raymund
Jose Quilop as chairperson and members, respectively, of the Negotiating Panel
for the Philippines on EDCA).
x-----------------------------------------------------------------------------------------------x
For the orderly proceeding of the Oral Arguments on the aboveentitled cases scheduled on 18 November 2014 at 2:00 p.m., the parties are
required to observe the following guidelines:
I.

SUBJECT COVERAGE
The parties shall limit their
argumentation on the following issues:

presentation

for

oral

..
2

Oral Arguments Advisory

G.R. Nos. 212426 & 212444

A.

Whether the petitioners have legal standing in the present

case.

B.

Whether these cases and the issues raised are justiciable.

C.

Whether the Enhanced Defense Cooperation Agreement

(EDCA) is a treaty or an international agreement that requires
Senate concurrence. In particular:
1.

Whether the provisions in EDCA pertaining to the

presence of United States personnel are already covered
and allowed under any existing treaty between the
Republic of the Philippines and the United States of
America; and whether the treaty, if any, has already
been concurred in by the Senate. If so, whether any of
the provisions under EDCA modifies or amends any
existing treaty between the two countries.

2.

Whether the provisions in EDCA pertaining to the

presence of equipment, supplies, and materiel of the
United States Armed Forces are already covered and
allowed under any existing treaty between the Republic
of the Philippines and the United States of America;
and whether any such treaty has already been concurred
in by the Senate. If so, whether any of the provisions
under EDCA modifies or amends any existing treaty
between the two countries.

3.

Whether the Agreed Locations pertained to in EDCA

are or should be considered akin to foreign military
bases or facilities.
If so, whether the provisions in EDCA pertaining to
Agreed Locations are already covered and al lowed
under any existing treaty between the Republic of the
Philippines and the United States of America; and
whether the treaty, if any, has already been concurred in
by the Senate. If so, whether any of the provisions
under EDCA modifies or amends any existing treaty
between the countries.

If the Agreed Locations are not or should not be

considered akin to foreign military bases or facilities, or
any variant thereof, what are they and what are the legal
justifications for allowing their presence in the
Philippines?

<~

"

Oral Arguments Advisory

II.

G.R. Nos. 212426 & 212444

4.

Whether the Constitution allows the presentation, for

Senate concurrence, of separate provisions in an
agreement instead of the entire instrument.

5.

Whether the Republic of the Philippines has already

expressed its consent to be bound by the provisions of
EDCA. If it has, whether this Court can still invalidate
EDCA or any of its provisions.

D.

Whether petitioners may validly challenge the provisions of

the Mutual Defense Treaty and the Visiting Forces Agreement
in the present case.

E.

Whether there are limits to the constitutionally assigned

sphere of discretion of the President concerning foreign
relations matters.

F.

Whether the EDCA deprives the Supreme Court of its judicial

power.

G.

Whether the petitioners are entitled to the reliefs requested.

OTHER ISSUES
All other matters not covered by the oral arguments, but
properly raised in the pleadings, shall not be considered
eliminated as issues. Instead, they shall be discussed and argued in
the written memoranda to be required of the concerned parties.

III.

TIME LIMITATIONS
Petitioners, through their respective counsels, shall have a
total of 30 minutes to present their arguments. In case more than one
lawyer will argue for a party, the lead counsel shall determine how to
share the 30-minute allocation with the co-counsels. The list of
lawyers who will argue, and their assignments, shall be filed through
a manifestation no later than at 12 noon of 17 November 2014.
Petitioners-in-intervention are no longer required to participate in
the oral arguments.
The Solicitor General shall also be given a total of 30 minutes
to present his arguments. He shall present his submissions after the
Court hears from petitioners.
The time allotted for counsels to argue shall be exclusive of
the time devoted to interpellation by the Members of the Court.


'-

Oral Arguments Advisory

G.R. Nos. 212426 & 212444

In the event that the scheduled date is insufficient to conclude

the oral arguments, the parties are advised to reserve an additional
day for the continuation. Thus, a possible extension of oral
arguments is tentatively scheduled on 25 November 2014 at 2:00
p.m.

IV.

INTERPELLATIONS
The interpellation by the Members of the Court shall
immediately follow the presentation of arguments of the parties.
The Members of the Court maintain their privilege to
ask any question that they consider relevant to the resolution of this
case. They may also require the submission of any document
necessary for an enlightened resolution of the foregoing
consolidated cases.

V.

TABLE OF AUTHORITIES
The parties are required to submit a table of authorities, which
shall list all laws, treaties, domestic or foreign court judgments, and
any other source of legal justification that the parties intend to raise
or cite during the oral arguments. The table of authorities must be
submitted to the Clerk of Court no later than at 12 noon of 17
November 2014. It must be submitted both in paper and digital
forms. All parties should be served a copy of the table of
authorities on or before 17 November 2014.

VI.

OTHER MATTERS
Any other document to be presented and all slide
presentations, if any, should be submitted to the Clerk of Court no
later than at noon of the Monday preceding the date of the oral
arguments. The document must be submitted both in paper and
digital forms. All parties should be served a copy of these
documents and slide presentations on or before 17 November 2014.
All parties are advised to strictly comply with the Efficient
Use of Paper Rule in A.M: No. 11-9-4-SC dated 13 November
2012, especially with respect to papers bound for the Supreme
Court.

ENRI~VIDAL
~~~ofCourt