Friday, July 18, 2008 Councilor lauds Puno for stance on treaty
DAVAO City Peter T. Laviña lauded Supreme Court Justice Reynato Puno for his stand on the case involving the public disclosure of the controversial free trade agreement between Japan and the Philippines.
"Thumbs up for him and three other justices for upholding the right to information which the majority rejected by 10-4-1 voting," Laviña said Thursday.
In a 50-page decision, the Supreme Court upheld the confidentiality of the Japan-Philippines Economic Partnership Agreement (JPEPA) saying it was privilege communication.
Disclosing the contents will "discourage future Philippine representatives from frankly expressing their views during negotiations. While on first impression it appears wise to deter Philippine representatives from entering into compromises, it bears noting that treaty negotiation, or any negotiation for that matter, normally involves a quid pro quo," stated the decision penned by Associate Justice Conchita Carpio Morales.
"The decision simply sucks. It makes the acts of governors, not to reveal diplomatic negotiations, superior than the sovereign people's constitutionally-guaranteed rights," Laviña said.
Groups, especially those based in Mindanao, opposed the ratification of JPEPA as the island will be one of the most affected in its implementation.
A policy research and advocacy non-government organization (NGO) presented its studies on the JPEPA insisting that the Filipino people have everything to lose and nothing to gain from this decision.
IRDF executive director Arze Glipo said the agreement not only undermines the country's sovereignty but also threatens the environment.
According to studies done by IRDF legal consultants on JPEPA, the pact provides that Congress, the country's lawmaking body, cannot craft international trade policies without the sanction of the Japanese government. This in turn undermines the authority of Congress and can be viewed a violation of the country's independence.
Aside from this, JPEPA also allows the relaxation of trade policies thus Japan can send in whatever it chooses to do so as long as it is not stated in the "banned" list what contents are not specifically detailed at present.
IRDF said that if JPEPA is ratified, it will eventually open up the Philippine economy and domestic markets to Japanese goods and investors. As a result, Filipino farmers and fishers would be adversely affected.
Further, the full investment liberalization of JPEPA will allow Japanese nationals and companies the same treatment and privileges as Filipinos in all stages of investments, meaning they can now own 100 percent of properties and businesses in the Philippines.
This is not allowed at present as the law provides that majority of any property or business must be owned by a Filipino.
The groups said the treaty, signed in secrecy by President Gloria-Macapagal Arroyo in 2006, has "unconstitutional provisions, unequal terms, and adverse human and environmental impact." (GLP/With Sunnex)
