a collections of case digests and laws that can help aspiring law students to become a lawyer
FACTS: The petitioner Malaya Lolas is an organization established for the purpose of providing aid to the victims of rape by Japanese military forces in the Philippines during World War II. Malaya Lolas filed a petition to compel the respondents to espouse their claims for official apology and other forms of reparations against Japan before the International Court of Justice and other international tribunals. According to them, the general waiver of claims by the Philippine government in the peace treaty with Japan is void.
ISSUE: Can the Supreme Court decide as to whether the Philippine government should espouse claims of its nationals against Japan.
RATIO DECIDENDI: No. The question whether the Philippine government should espouse claims of its nationals against a foreign government is a foreign relations matter, the authority for which is demonstrably committed by our Constitution not to the courts but to the political branches. 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. Neither could petitioners herein assail the said determination by the Executive Department via the instant petition for certiorari.
Leave a Reply.