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By Efren L. Danao Senior
Reporter
The Japanese government might not
be bound to obey any restraining order that the Supreme Court might
issue on the implementation of the Japan-Philippine Economic
Partnership Agreement (JPEPA),
Sen. Miriam Defensor-Santiago
said Thursday.
Groups that had opposed the
Senate concurrence in the ratification of the JPEPA had petitioned
the High Court to stop the agreement, arguing that it violates the
Constitution.
Santiago, chairman of the Senate
Committee on Foreign Relations and sponsor of the JPEPA, said that
if the high tribunal issues a temporary restraining order, it would
certainly bind the Philippine government.
“But, would it bind the
Japanese government?” she asked.
She explained that the
implementation of the JPEPA could not be litigated among Filipinos
because another sovereign party is involved.
“So, it will be a question of
whether the Supreme Court will stop a treaty,” she said, while
reiterating her belief that the JPEPA is constitutional.
Santiago said her initial doubts
on the constitutionality of the JPEPA were erased when Japan agreed
on an exchange of notes where it acknowledged the supremacy of the
Constitution should it be in conflict with the JPEPA.
She noted that “wavering”
senators like Sen. Loren Legardo, who were deeply worried on whether
JPEPA is constitutional, eventually voted for Senate concurrence
after getting a copy of the written exchange of notes. She assured
them that the government would win the case if the constitutionality
of the treaty is attacked in the Supreme Court.
The Senate voted 16-4 on October
8 to concur with the ratification of the JPEPA. The affirmative vote
satisfies the constitutional requirement for two-thirds vote in
concurring with the ratification of a treaty. The treaty had been
pending with the Senate since August 2007. Santiago had described it
as the biggest trade agreement the Philippines has ever entered into
in the last five decades.
Nurses to Japan
Meanwhile, Santiago said that
Filipino nurses would not be immediately employed in Japan even if
JPEPA had opened Japan for the entry of Filipino nurses and
caregivers
“There is a question of timing.
You don’t immediately expect an influx of Filipino nurses to
Tokyo,” she said.
She had received word from the
Japanese ambassador that trained nurses are expected to enter the
Japan only when the examinations are given.
“That still as to be
scheduled,” she said.
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