MANILA, Philippines — The Senate adopted a resolution Monday asking the Supreme Court to rule on the role of the upper chamber in abrogating treaties following the termination of the Visiting Forces Agreement with the United States.
Twelve senators voted in favor of Senate Resolution 337, while seven senators—all allies of President Rodrigo Duterte—abstained from voting. No senator voted against the resolution.
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The resolution asked the Supreme Court to rule on whether or not the concurrence of the Senate is necessary in the abrogation of a treaty previously concurred in by the Senate.
There is no explicit provision in the 1987 Constitution stating whether or not the concurrence of the upper chamber is necessary for the abrogation of a treaty earlier concurred in by the body.
“Now is the most opportune time for this august body to obtain from the Honorable Supreme Court its declaration on this legal question,” read the resolution introduced by Senate President Vicente Sotto III, Majority Leader Juan Miguel Zubiri, Minority Leader Franklin Drilon, Sen. Panfilo Lacson and Sen. Richard Gordon.
It added: “The ambiguity on the concurrence of the Senate in the abrogation of treaty involves an issue of transcendental importance that impacts on the country’s constitutional checks and balances. It presents a constitutional issue that seriously affects the country’s legal systems as well as the country’s relations with the international community.”
In February, Duterte ordered the unilateral revocation of VFA as a direct response to Washington’s cancelation of the US visa of Sen. Ronald Dela Rosa, a staunch ally of the president.
VFA governs the presence of US forces and assets in the Philippines and has been the basis of intelligence sharing, military training under Balikatan exercises and humanitarian aid from the US.
Divided chamber
Drilon expressed his disappointment that the resolution did not get a unanimous vote from the lawmakers.
“All that we’re asking the Supreme Court is to define our constitutional boundaries, nothing else, nothing more. We are not dictating on the Supreme Court,” he said.
The opposition lawmaker added: “That’s why it saddens me why we could not even get a unanimous vote to go to the Supreme Court to ask that question.”
The senators who voted in favor of the resolution are:
- Drilon
- Sotto
- Lacson
- Zubiri
- Gordon
- Sen. Francis Pangilinan
- Sen. Risa Hontiveros
- Sen. Joel Villanueva
- Sen. Edgardo Angara
- Sen. Nancy Binay
- Senate President Pro Tempore Ralph Recto
- Sen. Lito Lapid
Meanwhile, the lawmakers who abstained are:
- Sen. Cynthia Villar
- Sen. Aquilino Pimentel III
- Sen. Imee Marcos
- Sen. Bong Go
- Sen. Bong Revila
- Sen. Francis Tolentino
- Dela Rosa
Sens. Manny Pacquiao and Pia Cayetano were unable to vote because they were late.