No secrecy in JPEPA deal, says OSG
By Joel R. San Juan
Reporter

THE Office of the Solicitor General (OSG) on Thursday asked the Supreme Court to dismiss a petition filed by party-list groups seeking to stop the Arroyo administration from concluding a bilateral trade deal with Japan on the ground of lack of jurisdiction.
       In a 34-page comment, Solicitor General Antonio Eduardo Nachura branded as “false and misleading” the allegations of petitioners that preparations and negotiations surrounding the proposed Japan-Philippines Economic Partnership Agreement (JPEPA) is shrouded in secrecy.
       The OSG also insisted that under the Constitution, the power to negotiate a treaty with a foreign government is lodged with the political branch and until a treaty has been concluded, the judicial branch has no jurisdiction.
       He said the same provision was applied by the Court in ruling on the case People’s Movement for Press Freedom, et al, vs Manglapus, et al, wherein what was sought was access to information surrounding the negotiations for the RP-US Military Agreement.
       “In light of these clear and unequivocal Supreme Court decisions on the nature of treaty negotiations and foreign relations, it is baffling why petitioners would insist on a resolution by this Honorable Court,” the OSG said.
       On March, party-list groups led by Akbayan asked the Court to issue a temporary restraining order (TRO) to stop the Arroyo administration from signing the JPEPA deal, citing its possible adverse effects on the country’s economy and on the health and safety of the people.
       The petitioners noted the alleged rush on the part of the government to conclude the JPEPA within the coming months despite findings by the Tariff Commission that certain hazardous and toxic wastes products such as municipal waste, sewage sludge and clinical waste are being proposed to be included among the products to be traded between the two countries under the agreement.
       Aside from Akbayan Rep. Loreta Ann Rosales, other petitioners in the case are Reps. Lorenzo R. Tanada III, Mario Joyo Aguja, Ana Hontiveros-Baraquel, and Joel J. Villanueva as well as leaders of civic organizations.
       The OSG also argued that the right of access to information in matters of public concern and the policy of full disclosure are not absolute.
       Nachura cited the recent decision of the High Tribunal on Executive Order 464 wherein it recognized the right to invoke executive privilege in relation to specific categories of information being sought during a congressional hearing.