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IT would
take at least another month or two to wrap up a side
agreement between Tokyo and Manila that would cure the
legal defects in the controversial Japan-Philippines
Economic Partnership Agreement (Jpepa), and which is
seen as the key to lifting the hurdle and paving the way
for its ratification in the Senate, Sen. Miriam Santiago
reported Monday.
Foreign
Affairs Secretary Alberto Romulo wrote Santiago Friday
requesting the Senate foreign-relations committee to
“defer consideration of the Jpepa in order to allow the
Department of Foreign Affairs [DFA] to explore
appropriate exchange of notes between the governments of
Japan and the Philippines relating to the same.”
According to Santiago, the exchange of notes that is
being proposed by the DFA, “which seems to be acceptable
to the Japanese ambassador,” will contain the very same
constitutional provisions that are sought to be
introduced as an integral part of the Jpepa.
“So, in
effect, what we are doing is, instead of passing a
conditional concurrence where we concur with the Jpepa
on condition that it will observe the 15 constitutional
provisions that we have listed in the resolution, we are
going to have an exchange of notes before the Jpepa is
concurred in by the Senate because, I think, it will
simplify the Jpepa for the senators,” she said.
Santiago
admitted that her fellow senators asked for more time to
study the committee report on the Jpepa. But “it is
very, very difficult to understand the draft resolution
and the annexes because of its highly technical, legal
language.”
“Once
the exchange of notes is approved by both sides, the
exchange of notes will have to specifically provide that
it will be considered an integral part of the Jpepa,”
she told reporters. “So, when I present the Jpepa on the
floor of the Senate, I have to present the exchange of
notes because it is integral to the treaty and the
treaty will be considered, in effect, obedient to the
Philippine Constitution.”
Santiago
confirmed that “the original [Jpepa] treaty was not as
complete and as binding in its language as it should
have been. So we just want to make sure at the very
start that the loose language of the Jpepa is tightened
up so that we will avoid any possible cause of
disagreement with the Japanese over its implementation.”
The
senator estimated that it could take at least a couple
of months to complete the exchange of notes. She,
however, added: “I cannot tell how long it will take
Secretary Romulo and His Excellency, the Japanese
Ambassador, to retool it, although actually they already
have the language in my draft resolution with the
annexes; all they need is to adopt it.”
She
explained that the Jpepa, in general, already provides
that its implementation will observe the existing
provisions of the Philippine Constitution. “But as an
international lawyer, I am afraid that will not be
sufficient in an international tribunal. We have to
specify each and every constitutional provision. That’s
why it’s taking so long.”
Santiago
also intimated that there were already exploratory talks
between the Philippine and Japanese governments on the
need to cure the flaws in the accord.
“You
know, you don’t really announce these matters unless
more or less there has been mutual or bilateral
agreements so that there will be no loss of face on the
part of either party. So, in effect, both sides, through
their representatives, have already agreed before
Secretary Romulo sent me the note [asking the Senate to
defer the ratification process on the Jpepa].” |
