Senate concurrence needed before treaty abrogation, law experts say

Law experts expressed belief Thursday the concurrence of the Senate is necessary before an international treaty or agreement could be abrogated.

Melencio Sta. Maria Jr., Far Eastern University Institute of Law dean, said a treaty’s abrogation, whether expressed or implied, can only be made with the participation of Congress, particularly the Senate.

“There is an emerging view…when the Constitution requires parliamentary or legislative approval of treaties subject to ratification it likewise, by implication, requires the consent of parliament or the legislature to withdraw from such treaties,” he told the Senate foreign relations committee.

“The application of this theory is consistent with the 1987 Constitution,” he added.

Fr. Ranhilio Aquino, a member of the 1987 Constitutional Commission and dean of San Beda Graduate School of Law, warned against the possible implication of the proposition that the President can unilaterally revoke treaties.

“If we maintain the proposition that the President alone, or the President has unilateral power to bring about the revocation of treaties or the denunciation, then the consequences that he can unilaterally withdraw the Philippines from the United Nations or even ASEAN, would not only be disturbing, but also absurd,” he said.

He added because a treaty or agreement is a creation of both Congress, through the Senate, and the President, the President cannot claim sole power to withdraw from that legal order.

He also proposed to the Senate to send a resolution to Malacanang stating that the chamber’s concurrence is needed before a treaty could be terminated.

He said this could be the first step before the Senate bring the matter to the Supreme Court.

“The basic requirement of bringing a case to the Supreme Court like this is an actual controversy should exist. So I do strongly suggest and advance the proposition that the Senate send a resolution to Malacanang expressing its sense that the President alone does not have the prerogative to withdraw the treaty and that the Senate concurrence should be obtained,” Aquino said.

“And if Malacanang disregards, it is then that an actual controversy exists and then the matter would be ripe for the Supreme Court to decide,” he added.

Minority Leader Franklin Drilon said if the Senate foreign relations committee decides to adopt his Resolution 305, they will file a petition to the SC asking it to define the constitutional boundaries between the Senate and the executive.

“We are just asking that please Mr. Supreme Court, define our prerogative, where is the boundary. Really it is beyond the VFA (Visiting Forces Agreement). It is the issue of the authority of the Senate especially,” he said.

Senate President Vicente Sotto III said the report of the foreign relations committee, chaired by Senator Aquilino Pimentel III, is expected to be submitted next week and it will be subjected to voting.

He added they will most likely file the petition before the Supreme Court also next week.

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

This stemmed from the cancellation of the US visa of Senator Ronald dela Rosa.

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. —LDF, GMA News