Move to give Senate a say on withdrawal from treaties — such as ICC — blocked by Pacquiao last year

Senators would have had a say on President Rodrigo Duterte’s decision to withdraw from the International Criminal Court if the chamber had approved a resolution saying the upper chamber needs to concur with any decision terminating any treaty and international agreement.

“Unfortunately the Senate has no say on the withdrawal. I have tried to introduce a resolution in February of last year. I think it was Senator (Manny) Pacquiao who objected to it, so it was not passed,” Minority Leader Franklin Drilon told reporters when sought for comment on the issue.

Drilon introduced Senate Resolution No. 289 on February 13, 2017, which was already signed by 14 senators.

Others who signified interest to be the co-author were Senate Majority Leader Vicente Sotto III, Pro-Tempore Ralph Recto, Senators Bam Aquino, Leila de Lima, Francis Pangilinan, Risa Hontiveros, Panfilo Lacson, Loren Legarda, Miguel Zuibiri, Gregorio Honasan, Joseph Victor Ejercito, Sonny Angara, and Joel Villanueva.

The resolution stated that the power to bind the Philippines by a treaty and international agreement is vested jointly by the Constitution in the President and the Senate.

It added that a treaty or international agreement ratified by the President and concurred by the Senate becomes part of the law of the land and may not be undone without the shared power that put it into effect.

“The principle of checks and balances, historical precedent and practice accepted as law in most jurisdictions, and the Constitution's dictate for a shared treaty-making power require that a termination, withdrawal, abrogation or renunciation of a treaty or international agreement can only be done with the same authority that gave it effect - executive ratification with Senate concurrence,” the resolution read.

During the interpellation period, Pacquiao said that the resolution gives more power to the Senate than what is in the Constitution.

Drilon explained then that the resolution simply strengthens the Senate as it can participate in the change of policy of the government.

He cited then that in the event the President declares that he is withdrawing from a treaty, he must secure the concurrence of the Senate.

Pacquiao asked then that the members be given more time to discuss and study the matter insisting that it was not a simple resolution.

Interviewed Wednesday on his opposition to the resolution, Pacquiao said he believed it the prerogative of the President to withdraw from agreements.

“Prerogative ng Pangulo ‘yun. Nasa batas natin ‘yun na prerogative ng executive to withdraw sa agreements, hindi niya kailangan ng ano (ipa-concur sa Senate),” he told reporters.

To address the issue, Drilon said each individual treaty concurred to by the Senate would introduce a paragraph stating that termination of or withdrawal shall be valid and effective only upon the concurrence by the chamber. —JST, GMA News