JPEPA unconstitutional, legal luminaries say
GMANews | 10/08/2007
JPEPA unconstitutional, legal luminaries say
Legal luminaries on Monday insisted on the unconstitutionality of the Japan Philippines Economic Partnership Agreement (JPEPA) even as the Philippine government assured that Japanese investors will respect the Constitution when the controversial treaty is ratified.
Philippine permanent representative to the World Trade Organization (WTO) Manuel Teehankee said it is clear in their negotiation with Japan officials that Japanese investors will follow the law, QTV’s Balitanghali reported.
The constitutionality of Jpepa was discussed during the fifth and final hearing of the Senate committee on foreign affairs chaired by administration Senator Miriam Defensor Santiago.
Dean Merlin Magallona of University of Philippines College of Law and former Supreme Court Justice Florentino Feliciano — whom Defensor-Santiago called as a legal genius — argued against JPEPA.
Both Magallona and Feliciano said the treaty will violate the provision in the Philippine Constitution that only Filipinos could run the telecommunications, transportation and media industries.
They said the Japanese nationals have no right over the marine resources of the Philippines.
They further said the Constitution prohibits other nationalities from owning a land in the country for their businesses.
On the other hand, the militant think tank IBON Foundation said Jpepa violates the constitutional mandate to promote the "preferential use of Filipino labor, domestic materials and locally-produced goods."
"The JPEPA’s various provisions on National Treatment in Articles 17 (goods), 73 (services), 89 (investment), 131 (government procurement) prevent the Philippines from actively supporting Filipino producers," IBON research head Sonny Africa said.
Africa added JPEPA severely restricts the country to pass laws setting economic policy by prohibiting performance requirements.
He said this effectively prevents Congress from enacting laws that ensure that the country benefits from Japanese investments.
— with a report from Amita Legaspi, GMANews.TV
