CASE DIGEST
ATTY. ESMERO VS PRES.
RODRIGO ROA DUTERTE
G.R. No. 256288, June
29, 2021
EN BANC, ZALAMEDA, J.
National Territory; President
as the Guardian of the Philippine Archipelago
The President is the guardian Philippine
Archipelago. Ultimately, the decision of how best to address our disputes with
China, be it military, diplomatically or legally, rest on his own discretion in
this matter, accountable only to his country, in his political character, and
to his own conscience.
This Petition for Mandamus. Petitioner
Atty. Romeo M. Esmero seeks the issuance of a writ to compel
respondent President Rodrigo R. Duterte to comply with his constitutional
duty to defend the national territory, which includes the West Philippine Sea,
against China.
As the guardian of the Philippine Archipelago, can the President be required by a writ of mandamus to go to the UN or the ICJ to sue China for its incursions into our exclusive economic zone (EEZ).
NO. The petitioner has used Mandamus to compel the President to act his duty to defend the State against intruders, but he failed to give a well-defined, clear, and certain right to warrant the grant thereof. The petitioner has failed to point any law that specifically requires the President to go to the United Nations or to the International Court of Justice to sue China for its incursions into our exclusive economic zone. Neither has he shown a clear and unmistakable constitutional or statutory provision which prescribes how the President is to respond to any threat (actual or imminent) from another State to our sovereignty or exercise of our sovereign rights.
As the President has both ministerial
and discretionary power, he can use either of them whenever he sees fit. Being
the Head of the State, he is free to use his own
discretion in this matter, accountable only to his country, in his political
character, and to his own conscience.
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