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THE Fair
Trade Alliance (FTA) said they plan to immediately seek
a temporary restraining order and later an injunction
from the Supreme Court (SC) should the Japan-Philippines
Economic Partnership Agreement (JPEPA) is ratified by
the Senate.
Rep.
Erin Tañada made the announcement in a press conference
Wednesday. “If the Senate ratifies the document, then
our only recourse is to go to the Supreme Court and ask
it to declare certain provisions of the document as
unconstitutional.”
At this
time, Tañada said the SC will not take cognizance of the
issue since the pact is still up for ratification and
remains a legislative act.
Tañada
said what the civil society and some lawmakers really
want is to delete from the JPEPA the unconstitutional
portions and those that are sure to affect the country
adversely.
FTA
convenor Rene Ofreneo said the most glaring provision
that violates the Charter is the section that allows
Japanese factory ships free access to the 200-mile
exclusive economic zone of the Philippines.
Ofreneo
said the Constitution is clear that the marine resources
of the country should be exploited only by Filipinos.
The
JPEPA can also be questioned for “too much delegation”
to the Executive branch of the power to set tariff
rates, which is a function of Congress.
Also,
the JPEPA will mandate the government to give equal
treatment to Filipino and Japanese firms, violating the
doctrine of according preferential treatment to local
companies.
The
agreement is also seen hurting the local fishery, steel,
cement, footwear, and garments industries.
Tañada
hopes the Senate would junk the JPEPA and have it
returned to the negotiating table to cure its defects. |
