SC upholds executive privilege on Jpepa 10-4

(Updated 7:30 p.m.) MANILA, Philippines - The Supreme Court has upheld Malacanang’s invocation of executive privilege in refusing to make a full disclosure of the terms of the Japan-Philippines Economic Partnership Agreement (JPEPA). Voting 10-4 with one abstention, the high court dismissed the petition filed by several party-list groups seeking for a copy of the full text of the controversial bilateral trade agreement. The petitioners include Akbayan Citizens Action Party (Akbayan), Pambansang Katipunan ng mga Samahan sa Kanayunan (PKSK), Alliance of Progressive Labor (APL), Vicente Fabe, Angelito Mendoza, Manuel Quiambao and Rose Beatrix Cruz-Angeles. Other petitioners were representatives Lorenzo Tanada III, Ana Theresia Hontiveros-Baraquel and Emmanuel Joel Villanueva, and former lawmakers Mario Joyo Aguja, Loreta Ann Rosales. Petitioners alleged that the refusal of the government to disclose the JPEPA documents as well as the respective country’s offers violate the taxpayers' right to information on matters of public concern. In junking the petition, the high court said that petitioners failed to prove that there is sufficient public interest to overcome the claim of privilege in compelling government to disclose the respective offers of Japan and Philippine governments. “Petitioners have failed to present the strong and sufficient showing of need that the information sought is critical to the performance of the functions of Congress, functions that do not include treaty-negotiations. The arguments they proffer to establish their entitlement to the subject documents fall short of this standard," the high court stated in its 51-page decision penned by Associate Justice Conchita Carpio-Morales. Jpepa, signed by President Gloria Macapagal Arroyo and Japanese Prime Minister Junichiro Koizumi in September 9, 2006, has been described by international trade experts as a "mega-treaty." President Arroyo has repeatedly asked the Senate to ratify the treaty, which the government claims will bring in billions of pesos in investments and create over 200,000 jobs. Supporters of the deal say the Philippines stands to lose out to its neighbors which have signed similar deals with Japan. "Unconstitutional" Legal experts, however, branded the trade pact as unconstitutional because it gave the Japanese the right to exploit the country’s marine resources when this is exclusively for Filipino nationals. Also, the agreement also gave Japanese businesses the right to own land; and it assumed the power that rests solely on Congress to set and modify tariff rates. These observations were contained in separate position papers submitted before the Senate by former Supreme Court Associate Justice Florentino Feliciano and former dean of the University of the Philippines College of Law Merlin Magallona. Senator Miriam Defensor-Santiago, foreign relations committee, had earlier said that the ratification of the controversial agreement is most likely be done in August, or after Congress’ first regular session that ended June 13. Santiago had said that there are 15 constitutional provisions that Japan needs to clarify, among them the disposal of toxic waste, regulation of foreign investments, preference and use of Filipino labor and materials, ownership of public lands and use of natural resources, and state regulation on the transfer of technology. - with a report from Aie B. See, GMANews.TV