Senator: Jpepa ruling strains SC credibility and impartiality

MANILA, Philippines - The Supreme Court may have strained its credibility and impartiality after it ruled to uphold executive privilege on the Japan Philippines Economic Partnership Agreement (Jpepa), Sen. Rodolfo Biazon said Thursday. In a statement on the Senate website, Biazon expressed disagreement to the ruling, saying entering into treaties and agreements is a shared responsibility and authority between the Executive and the Legislature. "The Executive Department transmitted the JPEPA for ratification by the Senate on 17 August 2007. This means that even the Executive agrees to the proposition that the Senate's ratification is required for the agreement to be effective," Biazon said. "I believe the Senate, the repository of the ratifying power of the government must examine this development and take appropriate action such as getting involved in the filing of a motion for reconsideration of the decision," he added. Biazon added ratification is a process that would entail public debate. "How can public debate be proper if Executive Privilege will be invoked denying the public of certain information which is necessary for public acceptance through the Senate of the proposed treaty or agreement. There can be no public debate if information is withheld from the public," Biazon said. The senator said upon examination of the records of the proceedings of the 1987 Constitution, the proceedings clearly requires ratification by the Senate if three qualities are present. These include if the treaty or agreement is political in nature; if it is permanent in nature; and if it will require a change in national policies. Biazon said that since Jpepa touches on the possibility of repealing or amending existing statues, it clearly requires ratification by the Senate. Biazon cited Article 4 of the Jpepa, as stating that "Each party shall examine the possibility of amending or repealing laws and regulations that pertain to or affect the implementation and operation of this Agreement, if the circumstances or objectives giving rise to their adoption no longer exists or if such circumstances or objectives can be addressed in a less trade-restrictive manner." "JPEPA is permanent in nature. Once the Philippines ratifies the said treaty, it is binding upon the parties and must be performed by the parties in good faith. A treaty under international law, being an agreement entered into by states or international organizations must take into consideration the principle of 'pacta sunt servanda' or pacts must be respected," Biazon said. In a related development, the NO DEAL! Movement said the Supreme Court (SC) decision upholding the secrecy of the negotiations on the Jpepa will set a dangerous precedent on future economic pacts that the Philippines will enter into. In effect, the SC is legitimizing the marginalization of ordinary Filipinos from having access to pertinent information on economic treaties such as the Jpepa that will have a deep impact on their interest and livelihood, said the anti-Jpepa coalition. Arnold Padilla, NO DEAL spokesperson, said this will embolden the executive branch to enter into more trade and investment agreements and make commitments without due regard to their harsh effects on various sectors, especially the poor and marginalized. Trends indicate that bilateral trade and investment agreements are on the rise in recent years, with the Philippines having pending negotiations with the European Union (UN), the US, China and others aside from its economic deal with Japan. - with a report from D'Jay Lazaro, GMANews.TV