(Update) Senators question ‘conditional concurrence’

MANILA, Philippines - Senators on Wednesday questioned the legality of the proposal of two committees on the Japan-Philippines Economic Partnership Agreement (JPEPA), noting that "conditional concurrence" may be "tantamount" to rejection and is not recognized by international laws. Senator Francis Joseph G. Escudero said conditional ratification is an "outright rejection It’s either we accept the treaty or we reject it flatly." He cited Article 19, Section 2 of the Vienna Convention on the Law of Treaties in that "a state, may, when signing, ratifying, accepting, approving or acceding to a treaty, formulate a reservation unless the reservation is prohibited by the treaty and the treaty provides that only specified reservations which do not include the reservation in question may be made." But under the General Provisions on Reservations or Article 94 of JPEPA, there was no prohibition provided, he said. Mr. Escudero noted that conditional ratification is "not recognized" under the Vienna Convention, and that reservations should be forwarded before the treaty is executed. Earlier this week, Senators Miriam Defensor-Santiago and Manuel A. Roxas II released a proposed committee report recommending conditional concurrence for fear that the treaty may be declared as unconstitutional by the Supreme Court, and the Philippines may later on be sued by the Japanese government in the international court for nonperformance of the treaty. Administration ally and veteran lawmaker Senator Juan Ponce Enrile said the recommendation is "in effect non-ratification" which means that the Senate would be "rejecting" the treaty. Senate Minority Leader Aquilino Q. Pimentel, Jr. said, "I doubt if that proposal is right and would be accepted by Japan." But Ms. Santiago told reporters in a chance interview that her recommendation is practiced in the United States since the 1980s. This early, Messrs. Escudero, Enrile and Pimentel and Senator Pilar Juliana S. Cayetano vowed not to sign the committee report on conditional approval. Other senators are still undecided on the matter. - BusinessWorld