Professional Documents
Culture Documents
Prepared by
NO DEAL! Movement against unequal
economic agreements
September 24, 2008
Background
• National treatment
• Japanese investors will enjoy the same rights & privileges
reserved to Filipinos
• Most favored nation (MFN)
• Japanese investors will enjoy the same most favorable
treatment that RP gave to other countries
• Prohibition of performance requirements
• i.e. Japanese investors could not be forced to transfer
technology or to procure locally their production needs
• Constitutional issues were first raised by former SC Justice
Florentino Feliciano during one of the public hearings &
proposed to amend the JPEPA to correct its constitutional
defects
• Santiago initially proposed conditional concurrence
• “It will be declared unconstitutional by the SC. That is my humble
opinion as a scholar of constitutional law”. (Dec 2007)
• “The JPEPA is very controversial. Amending or changing some of the
provisions of the treaty is needed”. (Feb 2008)
• “Conditional concurrence is an absolute necessity” (Apr 2008)
• Conditional concurrence means Senate will ratify the JPEPA
but will require a “side agreement” between RP & Japan to
amend the unconstitutional provisions of the treaty
• JPEPA amendment is not acceptable to Japan
• DTI has been negotiating with Japan for a side agreement to
amend the JPEPA since Dec 2007 but has failed to secure it
• By Apr 2008, there was still no side agreement. Thus Santiago
proposed to sponsor conditional concurrence
• Raised legal questions – i.e. Escudero (“not allowed by
Constitution and international laws”)
• DFA asked for deferment of Santiago’s 28 Apr sponsorship to
continue negotiating for a side agreement
• Jul – Tokyo rejected the side agreement and wanted only a
general statement of assurance that the JPEPA will not violate
the Constitution
• 6 Aug Santiago sponsored SR No. 555 endorsing
(unconditional) concurrence
• Constitutional defects supposedly already corrected by
“exchange of notes” (Sep)
4. The present exchange serves only to confirm the
interpretation of, and does not modify the rights and
obligations of the Parties under, the provisions of
the JPEPA.
Where do the senators stand?
• Pangilinan
• Aquino
• Madrigal
• Trillanes
• + Lacson?
JPEPA: Japanese Economic Invasion
WANTED: PATRIOTIC EIGHT
Likely anti- Pro-JPEPA Undecided/unclear
JPEPA/renegotiation
Why no deal on JPEPA?