This is a petition for the issuance of a writ of Kalikasan with prayer for the issuance of a Temporary Environmental Protection Order under r 7 of AM No 09-6-8-SC, otherwise known as the Rules of Procedure for Environmental Cases, involving violations of environmental laws and regulations in relation to the grounding of the US military ship USS Guardian over the Tubbataha reefs, a UNESCO World Heritage Site.

Held: Although the petitioners have legal standing to file the present petition, it is not appropriate for the Court to exercise its jurisdiction over the US respondents in their official capacity. Petition denied.

UNCLOS is a multilateral treaty which was opened for signature on 10 December 1982 at Montego Bay, Jamaica. It was ratified by the Philippines in 1984 but came into force on 16 November 1994 upon the submission of the 60th ratification.​ Warships enjoy sovereign immunity under UNCLOS subject to the exceptions set out in in arts 30, 31 and 32.​ The fact that the US is not a Member State of UNCLOS does not mean that the US will disregard the rights of the Philippines as a Coastal State over its internal waters and territorial sea. We thus expect the US to bear 'international responsibility' under art 31 in connection with the USS Guardian grounding which adversely affected the Tubbataha reefs. Indeed, it is difficult to imagine that our long-time ally and trading partner, which has been actively supporting the country's efforts to preserve our vital marine resources, would shirk from its obligation to compensate the damage caused by its warship while transiting our internal waters. Much less can we comprehend a Government exercising leadership in international affairs, unwilling to comply with the UNCLOS directive for all nations to co-operate in the global task to protect and preserve the marine environment, as provided for in art 197 of UNCLOS.

The relevance of UNCLOS provisions to the present controversy is beyond dispute. Although the treaty upholds the immunity of warships from the jurisdiction of Coastal States while navigating the latter's territorial sea, flag States shall be required to leave the territorial sea immediately if they flout the laws and regulations of the Coastal State, and they will be liable for damage caused by their warships or any other government vessel operated for non-commercial purposes under art 31.

In terms of remedies for the grounding, the Court defers to the Executive Branch on the matter of compensation and rehabilitation measures through diplomatic channels. Resolution of these issues impinges on our relations with another State in the context of common security interests under the Visiting Forces Agreement​ between the US and Philippines governments. It is settled that '[t]he conduct of the foreign relations of our government is committed by the Constitution to the executive and legislative' - the 'political' - departments of the government, and the propriety of what may be done in the exercise of this political power is not subject to judicial inquiry or decision.