Senators seek SC ruling on need for concurrence in VFA withdrawal
MANILA, Philippines — Senators led by Senate President Vicente Sotto III on Monday asked the Supreme Court to compel the executive branch to seek their concurrence in the Philippine govverment’s abrogation of the Visiting Forces of Agreement with the United States.
The senators filed a Petition for Declaratory Relief and Mandamaus before the SC on Monday, asking it to rule that “the withdrawal from or termination of a treaty or international agreement that had previously been concurred in by the Senate requires the concurrence of two-thirds of all the members of the Senate for the said withdrawal to be valid and effective.”
A plea for declaratory relief seeks to determine a question of construction or validity arising from an executive order.
The senators also asked the SC to issue an order, by way of mandamus, compelling the respondents to “refer the Notice of Withdrawal to the Senate of the Philippines for its concurrence, pursuant to Section 21 Article VIII of the 1987 Constitution.
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. But Section 21 of the 1987 Constitution states that no treaty or international agreement shall be valid and effective unless concurred with by at least two-thirds of all the members of the Senate.
'Checks and balances'
Executive Secretary Salvador Medialdea and Foreign Affairs Secretary Teodoro Locsin Jr. are named as respondents in the petition.
The senators stressed in their petition that requiring the concurrence of the Senate is for "checks and balances in the ratification of treaties."
"Verily, the Constitution could not have intended for foreign policy to be under the control of a single person. The system of checks and balances inherent in our republican form of government prohibits the concentration of power upon a single branch," their plea read.
In a vote of 12-7, the Senate on March 2 adopted Resolution 337 asking the SC 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.
Part of the resolution read: “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.”
Known Duterte allies Sen. Christopher “Bong” Go, Ronald “Bato” dela Rosa and Francis Tolentino are among the senators who voted to abstain.
A STAR report said that the resolution will be attached to the SC petition.
The ICC petition
A petition on the need of Senate concurrence when withdrawing a treaty is currently pending ruling before the court.
Minority senators in May 2018 filed a petition for certiorari and mandamus, claiming that the country’s pulling out as a state party to the Rome Statute is “invalid or ineffective” for lack of concurrence of the Senate.
The SC held oral arguments on the petition on August 29 and September 8, 2018, but it has yet to rule on the case. — with reports from Gaea Katreena Cabico
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