Sotto: Senate planned petition on VFA termination won’t put it in a head–to–head with Palace

Senate President Vicente Sotto III expressed confidence Monday that their plan to seek clarification from the Supreme Court on the role of the chamber in the abrogation of the Visiting Forces Agreement will not put them in a head-to-head with Malacañang.

“Hindi naman. Kapag ang finile namin ay petition for certiorari, ‘yun ang sinasabi mong head to head, e hindi ‘yun ang ipa-file namin. Ang ipa-file namin is for the Senate to assert its right,” Sotto told reporters.

The Senate leader said he is now in the process of refining the wording of the petition they will file before the high tribunal.

“Inaayos ko lang ang wording because I merely want a simple petition asking the SC to interpret the Constitution on whether it should pass the Senate or not when an agreement or treaty is abrogated,” he said.

Aside from Sotto, the other petitioners are Minority Leader Franklin Drilon, Senators Panfilo Lacson, and Richard Gordon, and former senators Francisco Tatad and Rodolfo Biazon.

“Petitioners will be myself, Lacson, Drilon, (Gordon), Tatad, and Biazon. Tatad and Biazon were the sponsors of the VFA in the 11th Congress,” he said.

Last Tuesday, Foreign Affairs Secretary Teodoro Locsin Jr., on orders of President Rodrigo Duterte, served notice to the US that the Philippines was terminating the 20-year old treaty.

The US Embassy in Manila received the notice of termination.

The VFA provides that it shall remain in force 180 days from the date on which one side gave the other notice that it already wanted to terminate the agreement.

Sotto expressed belief that a Senate concurrence is needed before a treaty or agreement could be abrogated.

"There is already a pending petition asking the Supreme Court to require Senate concurrence in the Executive department’s decision to withdraw from International Criminal Court," he said.

"Pero magpa-file kami ng panibagong petition concerning VFA. Ano ang basa ng Supreme Court dito sa abrogation na ito? Kung ito ay kailangan ng concurrence ng Senado o hindi, once and for all,” he added.

“Sa pag-aaral namin, lumalabas na [kailangan ng] concurrence namin. Iyon ay nakalagay sa ating Constitution. Kahit  executive agreement, sa atin, dadaan sa Senado,” Sotto said.

In Malacañang, presidential spokesperson Salvador Panelo maintained that a Senate approval is not a requirement under the Constitution.

“As far as we are concerned in the Executive, there is no need for a concurrence in the Senate because the Constitution, if it’s clear to them, it’s also clear to us,” Panelo told reporters.

“We will let the Supreme Court decide if they file the appropriate action in court.”

Panelo also said the Palace is confident the government can defend its position before the SC.

“Definitely! Kayang-kaya ni SolGen [Solicitor General Jose] Calida ‘yun,” he said. — with Virgil Lopez/RSJ, GMA News