JPEPA ruling strains High Court credibility: Biazon

BY DENNIS GADIL

THE decision of the Supreme Court to uphold Malacañang's decision to invoke executive privilege on the terms of the Japan-Philippines Economic Partnership Agreement (JPEPA) strains its credibility and impartiality, Sen. Rodolfo Biazon said yesterday.

Biazon, chair of the committee on defense and national security, said he found it strange that the executive department transmitted copies of the trade pact to the Senate for ratification on Aug. 17, 2007 but invoked executive privilege when public interest was at stake.

"Ratification is a process that would entail public debate. How can public debate be proper if executive privilege will be invoked denying the public 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 also questioned a part in the ruling where the SC cited the case of PMPF v Manglapus that the President alone can negotiate treaties, and not even the Senate or the House of Representatives, unless asked, may intrude upon that process.

"Entering into treaties and agreements is a shared responsibility and authority between the Executive and the Legislature specifically through the ratifying powers of the Senate as provided for in the Constitution," he said.

Biazon said the Senate as a "repository of the ratifying power of the government" should closely examine the impact of the high court's ruling and take appropriate action such as getting involved in the filing of a motion for reconsideration of the decision.

The SC, voting 10-4 with one abstention on Wednesday, said the petitioning party list representatives and non-government organizations failed to prove that there is sufficient public interest to overcome the claim of executive privilege to compel government to disclose the "offers" of Japan and Philippine governments.

The petitioners alleged the refusal to disclose the JPEPA documents violates their right to information on matters of public concern and contravenes provisions on transparency of all transactions involving public interest.

The decision was penned by Justice Conchita Carpio-Morales.

Concurring were Associate Justices Leonardo Quisumbing, Antonio Carpio, Renato Corona, Dante Tinga, Minita Chico-Nazario, Presbitero Velasco, Eduardo Antonio Nachura, Ruben Reyes and Teresita Leonardo de Castro.

Dissenting were Chief Justice Reynato Puno, and Associate Justices Consuelo Ynares-Santiago, Ma. Alicia Austria-Martinez, and Adolfo Azcuna.

Associate Justice Arturo Brion abstained as he was part of the JPEPA negotiations as labor secretary.

Sen. Miriam Defensor-Santiago, Senate foreign relations chair, has already endorsed the JPEPA for "conditional" approval to the chagrin of her colleagues, who opposed its ratification on the ground of legality and as a threat to the country's environment.

Sen. Manuel Roxas II, Senate trade chair who co-chaired the hearings on the JPEPA, has also supported the treaty's ratification after having expressed initial reservations on the trade pact's economic benefits.

JPEPA covers trade in goods, rules of origin, customs procedures, paperless trading, trade in services, investment, intellectual property rights, government procurement, movement of natural persons, cooperation, competition policy, mutual recognition, dispute avoidance and settlement, improvement of the business environment and general and final provisions.

IMMEDIATE RATIFICATION

President Arroyo said she is hoping for the immediate ratification of JPEPA following the high court's decision.

"Ang daming nag-aantay na foreign assistance na galing sa Japan na number one sa foreign assistance sa buong mundo," she told radio dzBB.

"Ang daming pagkakataon para sa export para sa ating high-value agriculture na magbibigay ng matataas na income para sa ating magsasaka. Ang daming pagkakataon para sa ating mga caregivers na kaysa pupunta sa kung saan na di pareho ang batas sa pagproteksyon ng manggagawa kagaya ng Japan na very sophisticated ang kanyang labor laws," she said. - With Wendell Vigilia