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Vinuya vs. Romulo Digest

This case involves a petition filed by members of MALAYA LOLAS, an organization for victims of rape by Japanese forces during WWII, seeking to compel Philippine government officials to espouse their claims for an official apology and reparations from Japan before international courts. The petition was denied on the grounds that the conduct of foreign relations is vested in the political branches of government, not the courts. The Executive Department had previously declined to assist the petitioners and considered the individual claims of comfort women to be satisfied by the 1951 Treaty of Peace with Japan.

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Michael C. Payumo
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552 views1 page

Vinuya vs. Romulo Digest

This case involves a petition filed by members of MALAYA LOLAS, an organization for victims of rape by Japanese forces during WWII, seeking to compel Philippine government officials to espouse their claims for an official apology and reparations from Japan before international courts. The petition was denied on the grounds that the conduct of foreign relations is vested in the political branches of government, not the courts. The Executive Department had previously declined to assist the petitioners and considered the individual claims of comfort women to be satisfied by the 1951 Treaty of Peace with Japan.

Uploaded by

Michael C. Payumo
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Vinuya v.

Romulo
GR 162230 April 28, 2010
FACTS
This is an original Petition for Certiorari with an application for the issuance of a writ
of preliminary mandatory injunction against the Office of the Executive Secretary,
the Secretary of DFA and the OSG.
Petitioners are all members of the MALAYA LOLAS, an organization established for
the purpose of providing aid to the victims of rape by Japanese military forces in
the Philippines during the Second World War.
Petitioners claim that since 1998, they have approached the Executive Department
through the DOJ, DFA and OSG, requesting assistance in filing a claim against the
Japanese officials and military officers who ordered the establishment of the
comfort women stations in the Philippines. However, officials of the Executive
Department declined to assist them and took the position that the individual
claims of the comfort women for compensation had already been fully satisfied by
Japans compliance with the Peace Treaty between the Philippines and Japan.
ISSUES
WON respondents can be compelled to espouse their claims for official apology and
other forms of reparations against Japan before the International Court of Justice
and other international tribunals.
HELD
NO. The authority for foreign relations matter is vested by the constitution to the
political branches of the government and not to the courts. Petitioners cannot
assail the said determination by the Executive Department via the instant petition
for certiorari.
It is well established that the conduct of foreign relations of our government is
committed by the Constitution to the executive and legislative - the political departments of the government, and propriety of what may be done in the
exercise of this political power is not subject to judicial inquiry or decision
In this case, the Executive Department has already decided that it is to the best
interest of the country to waive all claims of its nationals for reparations against
Japan in the Treaty of Peace of 1951. The wisdom of such decision is not for the
courts to question.

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