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Nicolas vs. Romulo [DISSENTING OPINION, CARPIO, J.]

SUZETTE NICOLAS y SOMBILON, Petitioner, versus ALBERTO ROMULO, in his capacity as Secretary of Foreign Affairs; RAUL GONZALEZ, in his capacity as Secretary of Justice; EDUARDO ERMITA, in his capacity as Executive Secretary; RONALDO PUNO, in his capacity as Secretary of the Interior and Local Government; SERGIO APOSTOL, in his capacity as Presidential Legal Counsel; and L/CPL. DANIEL SMITH, Respondents.

G.R. No. 175888 | 2009-02-11

DISSENTING OPINION

CARPIO, J.:

I dissent because of a supervening event that took place after this Court decided Bayan v. Zamora[1] on 10 October 2000. In Bayan, this Court ruled that the Visiting Forces Agreement (VFA) between the Philippines and the United States of America was constitutional, having complied with Section 25, Article XVIII of the Philippine Constitution.

On 25 March 2008, the United States Supreme Court, in Medellin v. Texas,[2] ruled that a treaty, even if ratified by the United States Senate, is not enforceable as domestic federal law in the United States, unless the U.S. Congress enacts the...