JPEPA SIDE ACCORD OK’D

“In international law, an exchange of notes constitutes a treaty, binding on the parties and implying performance in good faith. This exchange of notes will in effect constitute an integral part of the treaty,” she said.

Santiago said that every senator has been given a copy of the exchange of notes on Philippine constitutional provisions, in order that the senators could take the exchange into due consideration when they vote on the Jpepa.

“The exchange means that areas of investment activities reserved by the Constitution to Filipinos will remain reserved, and will not be opened to Japanese investors,” she said.

Santiago said the exchange confirms that Jpepa will not result in a violation or amendment of any nationalistic provision, notably “the ownership of lands of public domain and exploration, development, and utilization of all waters, minerals, coal, petroleum oils, all sources of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural resources.”

Santiago said Jpepa will respect the reservation to Filipinos only of all “preferential rights, privileges, and concessions granted to qualified Filipinos covering the national economy and patrimony.”

“For example, the Japanese cannot lease or own alienable public lands. Neither can they own and transfer private lands,” she said.

Santiago said that the exchange of notes prohibits the Japanese from operating any public utility, practicing any profession, or owning mass media or advertising corporations.

Other fields that the Constitution reserves exclusively to Filipinos concern health and educational institutions.

Jpepa will not amend any existing law protecting Filipinos from unfair foreign competition, regulating foreign investments, promoting preferential use of Filipino labor and domestic materials, or regulating the transfer of technology.

Santiago also said that the exchange of notes emphasizes the Jpepa provision that the treaty may be amended by agreement between the parties, in order to allow for future Philippine laws that might not conform to Jpepa, but are intended to enforce the nationalistic constitutional provisions.

“This exchange of notes is of course considered binding between the Philippines and Japan, and will be respected as an integral part of Jpepa,” she said.

Santiago said that under the 1969 Vienna Convention on the Law of Treaties, an exchange of notes is binding, when it is established that the states agreed that the exchange should have that effect.

“Thus, the constitutional issues raised by the treaty have now been resolved,” she said.

In the Senate, Jpepa is at present undergoing the process of interpellation on trade issues, handled by Sen. Mar Roxas.

After the trade issues are discussed, interpellation will proceed on the constitutional and legal issues, to be handled by Sen. Santiago.

After the period of interpellation is closed, three days later, voting on the treaty will be held.

The Constitution requires concurrence by two-thirds vote of the Senate, for the treaty to be considered ratified. -End-