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  • Conditional concurrence
    on Jpepa eyed
     
    By Butch Fernandez
    Reporter
     

    MEMBERS of the Senate foreign relations committee will be asked to concur in or reject a full committee report recommending conditional concurrence with the controversial Japan-Philippines Economic Partnership Agreement (Jpepa). The panel will submit the report when Congress reconvenes in late April after the Holy Week recess, Sen. Miriam Santiago said over the weekend.

    “Ordinarily, a committee report is only two pages, bearing the signatures of committee members. But, this time, my committee report will be so extensive that it will be a bound volume. Jpepa is an extraordinary treaty, raising significant issues of constitutional and international law,” Santiago, who chairs the foreign relations committee, said.

    She revealed that the Jpepa committee report will comprise at least four documents:  the standard format with the signatures of nearly all 23 members of the two committees (on foreign relations and on trade); the draft Senate resolution setting out the conditions for concurrence; the report on the constitutional and legal issues filed by Santiago as chairman of the foreign relations committee; and the report on the trade and industry issues to be filed by Sen. Mar Roxas as chairman of the trade and commerce panel.

    The senator reported that the foreign relations committee concluded its Jpepa hearings in November last year, but Sen. Edgardo Angara requested for additional hearings that took another month.

    She explained the Senate could not  take up the Jpepa issue in January because the budget bill “always takes priority.” In February, it was then overtaken by the broadband scandal inquiry. “This March there is an extended Congress break.  That is why April, when session resumes, is the earliest date available,” she added.

    Santiago hopes Japan would accept their proposed conditions that will ensure the accord’s compliance with Philippine constitutional requirements, without resubmitting the Jpepa to the Japanese Diet or parliament.

    “The constitutional issues are paramount. Hence, the Senate should ensure that the Supreme Court will not declare Jpepa unconstitutional.  If we do not take scrupulous care in the Senate and the court declares it unconstitutional, such declaration of unconstitutionality will not be a valid defense, if Japan later sues the Philippines for nonperformance of contract obligation.  This is a provision of the

    Vienna Convention on the Law of Treaties,” she explained.

    According to Santiago, she will be abroad until November this year to campaign for the post of judge of the International Court of Justice where, if elected by the United Nations, she will be the only female among 15 judges elected worldwide on the basis of the highest qualifications in international law.

    But she confirmed plans to be in Manila when session resumes in April so she can deliver her Jpepa sponsorship speech and defend it in plenary before resuming her hectic campaign schedule abroad.

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