Once again, it is the words of the “Great Dissenter,” as Chief Justice Reynato Puno is called these days, that captured the real issue in the petition of Akbayan for full disclosure of the terms of JPEPA which the Supreme Court rejected in a 10-4 vote.
JPEPA stands for Japan-Philippine Economic Partnership Agreement which is awaiting ratification by the Senate.
In his dissenting opinion, Puno said: “We elevated the right to information to constitutional stature not without reason. In a democracy, debate – by the people directly or through their representatives in Congress – is a discussion of and by the informed and not an exchange of surpluses of ignorance.
“In the arena of economic governance, the right to debate and participate is exercised not as an end in itself. Especially for the powerless whose sword and shield against abuse is their voice, the exercise of the right is not merely rhetoric. It is a fight from the gut to satisfy basic human needs and lead a humane life.”
The constitutional guarantees of the people’s right to information and press freedom are anchored on the democratic principle that power comes from the people.
Information empowers the people. By allowing the government to withhold information from the public on an issue that concerns them, the Supreme Court has helped Gloria Arroyo enfeeble the people as she continues in her penchant of selling the country down the drain.
The high tribunal’s decision on JPEPA is disgusting and disturbing. But it’s not surprising after the Supreme Court upheld Romy Neri’s right to invoke executive privilege on the role of Gloria Arroyo in the anomalous NBN/ZTE deal. It can be used again in the Spratlys agreement with China and Vietnam. And in other deals that Gloria Arroyo enters in the Filipino people’s behalf.
Senator Rodolfo Biazon said the high court’s ruling on JPEPA “strains its credibility and impartiality.”
He said when the executive department transmitted the JPEPA for ratification by the Senate on 17 August 200, it meant that even the Executive agrees to the proposition that the Senate’s ratification is required for the agreement to be effective.
“Ratification is a process that would entail public debate. How can public debate be proper if executive privilege will be invoked denying the public of certain information which is necessary for public acceptance through the Senate of the proposed treaty or agreement? There can be no public debate if information is withheld from the public,” Biazon said.
The NO DEAL! Movement warned that the Supreme Court decision will set a dangerous precedent on future economic pacts that the Philippines will enter into.
“In effect, the SC is legitimizing the marginalization of ordinary Filipinos from having access to pertinent information on economic treaties such as the JPEPA that will have a deep impact on their interest and livelihood,” the anti-JPEPA coalition headed by former Vice President Guingona said.
The NO DEAL! Movement hit Executive Secretary Eduardo Ermita’s statement that international agreements “should be handled with care” and with “confidentiality.”
“These diplomatic concerns should be secondary only with the paramount concerns of the people about their interest and livelihood and of the country’s national patrimony and sovereignty,” the coalition argued.
I have so much respect for Chief Justice Puno; and I presume many feel the same way. I think he’s among the best SC Chief Justices we have. He’s independent minded. He speaks his mind. Unfortunately, almost all the justices around him are GMA’s stooges. Puno has only one vote in the Supreme Court as against the majority who are GMA’s appointees. Before GMA leaves office (if she does), she makes sure that all government agencies, judiciary, PNP and AFP are her men so that it would be very difficult to prosecute her when she leaves Malacanang.
agree ako sa observation mo bitchevil. “she makes sure that all government agencies, judiciary, PNP and AFP are her men…” That means the next Chief os Staff is Gen. Delfin Bangit, the next PNP is Dir Gen Verzosa and all PNP Regional Commanders within proximity of Metro Manila belong to PMA Class 78 of which GMA is an adopted class member.
Between now and 2010, the Evil Bitch is positioning all her trusted men in the government particularly appointees who are protected by constitution with fixed terms.
There is nothing wrong about treaties as a matter of fact especially if they are going to prove beneficial to the people of both contracting countries but everybody knows what the JPEPA is nothing but another one-sided racket that the wannabe criminal is hoodwinking not just the Filipinos but also desperate Japanese negotiators trying to help Japanese entrepreneurs facing criminal charges for toxic wastes they are told to get rid of and bury somewhere they cannot be health hazards to Japanese!
Who cares about the toxic effects of the industrial wastes to be dumped in the Philippines on the Filipinos? If the Philippine government cannot show such concern on their own nationals, why should the Japanese?
Everybody here in Japan knows what JPEPA is all about, and even over here, Japanese concerned about the repercussion of this treaty on the fragile relationship between Japan and the Philippines are rallying against it unless the contents of the treaty are laid in the open for the people to scrutinize and see if they are beneficial to the people of both countries and can really promote better mutual understanding, etc. between Japan and the Philippines. Otherwise, it should be scraped and discarded forever.
Personally, I am against any treaty Japan is making with the Arroyo government because it is nothing but an attempt by the wannabe criminal to suck blood money from us, Japanese taxpayers, with no guarantee that it is going to help improve the ties between the Philippines and Japan, especially with the planned dumping of cheap Philippine labor by the Arroyo government that has in fact proved an irritant in the fragile relationship between Japan and the Philippines.
And with the idiots depriving Filipinos to know what the JPEPA treaty contains, all the more reason for both people of the Philippines and Japan to protest against this treaty.
Over here, we can demand from our lawmakers for transparency, or they face the ire of the people. We, the people, have every right to demand and stop anything that we deem detrimental to our welfare and interests of the general public.
Filipinos should demand for the removal of all Arroyo’s appointees in the SC that is now proving to be another useless agency as it seems to serve only the interests of the wannabe criminal that those judges should in fact send to jail.
There is nothing wrong about the JPEPA if it is really being done for the benefit of peoples of both contracting countries, and the intentions remain sincere, but if it is done only for the purpose of helping fund the government of Gloria M. Arroyo, whom majority of Filipinos now want impeached, such treaty should not be approved but strongly protested.
Everybody knows what the JPEPA has come up to. It has in fact become nothing but another one-sided racket that the wannabe criminal is hoodwinking with, not just the Filipinos but also desperate Japanese negotiators trying to help Japanese entrepreneurs facing criminal charges for toxic wastes they are told to get rid of and bury somewhere they cannot be health hazards to Japanese!
Who cares about the toxic effects of the industrial wastes to be dumped in the Philippines on the Filipinos? If the Philippine government cannot show such concern on their own nationals, why should the Japanese?
Everybody here in Japan knows what JPEPA is all about, and even over here, Japanese concerned about the repercussion of this treaty on the fragile relationship between Japan and the Philippines are rallying against it unless the contents of the treaty are laid in the open for the people to scrutinize and see if it is really going to be beneficial to the both the Filipinos and the Japanese, and can really promote better mutual understanding, etc. between Japan and the Philippines. Otherwise, it should be stopped and discarded.
Personally, I am against any treaty Japan is making with the Arroyo government because it is nothing but an attempt by the wannabe criminal to suck blood money from us, Japanese taxpayers, with no guarantee that it is going to help improve the ties between the Philippines and Japan, especially with the planned dumping of cheap Philippine labor by the Arroyo government that has in fact proved an irritant in the fragile relationship between Japan and the Philippines.
And with the idiots depriving Filipinos to know what the JPEPA treaty contains, all the more reason for both people of the Philippines and Japan to protest against it because it is indication enough that it is another racket.
Over here, we can demand from our lawmakers transparency, or they face the ire of the people, who have every right to demand and stop anything that they deem detrimental to their welfare and interests.
Filipinos should demand for the removal of all Arroyo’s appointees in the SC that is now proving to be another useless agency as it seems to serve only the interests of the wannabe criminal that those judges should in fact send to jail.
I suggest that you, guys, send the Prime Minister of Japan and heads of political parties here in Japan your letter of protests against the lack of transparency on the part of the Philippine government on this JPEPA treaty and possible repercussion on Philippine-Japan relationship. If the Philippine side will not listen to you, the Japanese will. Takot lang ng mga kapwa ko hapon na magalit ang mga pilipino ulit sa kanila.
You may send your comment to Prime Minister Fukuda at http://www.kantei.go.jp/foreign/forms/comment.html or send him a letter at
Prime Minister Yasuo Fukuda
1-6-1 Nagata-cho
Chiyoda-ku, Tokyo 100 – 8968
Japan
Here are the list of political parties in Japan
Liberal Democratic Party (to which Fukuda belongs)
(Jiyu Minshuto)
http://www.jimin.jp/jimin/english/index.html
Address: Jiyu Minshuto Honbu, 1-11-23 Nagata-cho, Chiyoda-ku, Tokyo 100-8910
Phone: +81-3-3581-6211
Fax: +81-3-5511-8855
The Democratic Party of Japan (headed by MP Ichiro Ozawa)
(Minshuto)
http://www.dpj.or.jp/english/
Address: 1-11-1 Nagata-cho, Chiyoda-ku, Tokyo 100-0014
Phone: +81-3-3595-9960 / 7312
Fax: +81-3-3595-7318
e-mail: dpjenews@dpj.or.jp
Social Democratic Party (SDP) (headed by MP Mizuho Fukushima)
(Shaminto)
http://www5.sdp.or.jp/
Address: 1-8-1 Nagata-cho, Chiyoda-ku, Tokyo 100-8909
Phone: +81-3-3580-1171
Fax: +81-3-3506-9080
e-mail: kokusai@sdp.or.jp
New Komeito (headed by MP Akihiro Ota)
(Komeito)
http://www.komei.or.jp/en/index.html
Address: 17 Minami-Motomachi, Shinjuku-ku, Tokyo 160-0012
Phone: +81-3-3353-0111
Japanese Communist Party (headed by MP Tetsuzo Fuwa)
(Nihon Kyosanto)
http://www.jcp.or.jp/english/
Address: 4-26-7 Sendagaya, Shibuya-ku, Tokyo 151-8586
Phone: +81-3-3403-6111
Fax: +81-3-5474-8358
e-mail: info@jcp.or.jp
Note the opinions of Azcuna and Tinga. The Supreme Court website is too slow now, so I will quote them later.
Is this a change of heart? An indication of a reconsideration of Senate v Neri? Or shall we have fun watching them squirm on paper as they differentiate their opinions in the JPEPA case vis-a-vis the Neri case?
The times are becoming interesting again.
Azcuna:
Finally, I wish to add that if the petitioner in this case is the Senate of the Philippines, and that it seeks the requested documents in the process of deliberating on the ratification of the treaty, I will vote for the disclosure of such documents, subject to mechanisms such as in camera inspection or executive sessions that would have accorded due regard to executive privilege. However, the reason behind such a position will be based not on the right to information, but rather, on the right of the Senate to fully exercise its constituent function of ratifying treaties.
So is His Honor going to allow the Senate to question Romulo Neri in camera?
Tinga:
The President, therefore, has the burden to show that a particular exception obtains in every case where the privilege is claimed. This has not been done in the present case. All that the Senate is asking for are copies of the starting offers of the Philippines and of Japan. What is the deep secret in those papers? If the final product is and has been disclosed, why cannot the starting offers be revealed? How can anyone, the Senate or the electorate included, fathom – to use the favorite word of a counsel – the end product if one is not told the starting positions?
Was the burden sufficiently borne in the case of Neri when he claimed executive privilege in refusing to answer the questions of the Senate?
In camera, by the way, means in chambers – walang media. Hindi ibig sabihin photo-ops. This administration has too much of photo-ops.
The Philippine Senate must not ratify JPEPA. They should not rush and wait until Gloria Arroyo is out of power and then negotiate for a better deal. This bogus government wants to ram JPEPA without revealing the details of the agreement.
If you guys flood our dietmen petitions against the JPEPA being pushed by the dorobo, they, themselves, will demand for more transparency for both the Filipinos and Japanese to see why it should not be ratified now, not when the dorobo is still lording it there! I have given you the addresses, phones and fax nos. of our major political parties.
i cannot open the links provided in footnotes [6] and [11] of the decision.
which are supposedly links to the JPEPA draft/final text.
ate ellen, sorry for the immature outburst above. i was truly emotionally affected.
Was Erap was right after all? Hoodlums in robes, did he say? And they now abound in the highest levels of the injustice system?
So where does this leave the critics of Gloria? All legal and political avenues for fighting abuse and corruption are now blocked.
Now she can do whatever she wants. She’s got the local officials, the Congressmen, and the Courts in her humongous VAT-laden pockets. Don’t forget the Comelec. And the Church. And the Senate. All rendered inutile.
And because of the fuel and food crisis, she’s gleefully ladling VAT juice into the begging bowls of the poor. In her view, Pinoys are like weeds. Sprinkle just a dash of water and they’ll survive. Mababa ang satisfaction level. Mataas ang tolerance level.
Now, no one but no one can touch her Highness..not even if charged in an International Court of Justice. Maid Miriam will be sitting there ready to defend her Queen?
Now Her Majesty can do whatever she wants. She’s got the local officials, the Congressmen, and the Courts in her humongous VAT-laden pockets. Don’t forget the Comelec. And the Church. The Senate? Rendered inutile. No fire-breathing dragon the likes of Ninoy in that chamber.
And because of the fuel and food crisis, she’s gleefully ladling VAT juice into the begging bowls of the poor. In her view, Pinoys are like cogon grass. Sprinkle just a dash of water now and then and they’ll survive. Mababa ang satisfaction level. Mataas ang tolerance level.
Now, no one but no one can touch her Highness..not even if charged in an International Court of Justice. Maid Miriam will be sitting there ready to defend her Queen?
ang pagkaintindi ko sa democracy..is a government of the people for the people by the people. Ito ang turo sa amin noong araw at ipinanganak na si Gloria. I am sure ito din ang itinuturo sa Assumption. Kaya lang seguro at that time Pakorap korap na siya sa baboy na alaga..kaya demon kasi ang nangyari..a gov’t of gloria, by gloria and for gloria..ang ina ng bayad ka, ang labandera- ang Vat-ya ng Pasig..
..ang sabi niya noon- her administration will be transparent..tama transparent nga ang mga kapalpakan..na tampakan ng pera kaya lumabo…Bilis! tayo na sa Aviles Linisin ang ilog Pasig ..walisin ang mga basura.. itapon ang trapos.. To borrow the words of the late Sen Climaco..ALIS DIYAN!
Just curious..ano ang opinion ni Fr. Bernas? Magkaklase si Fr. Bernas at si Justice Azcuna..
JPEPA’s Ruling — The “devil” is in the details!
What do we have? An illegitimate President? Or a legitimate devil?
Paging the Supreme Court justices…..
Constitution do not exist anymore.
Arroyo grabbed power from President Joseph Estrada with the consent of Davide Supreme Court.
All criminals acts of Pidal and their little dwarfs have a blanket protection of executive privilege kuno courtesy of Arroyo Supreme Court.
Arroyo Supreme Court is now the new Constitution of the land.
The magna carta of the new Arroyo Supreme Court Constitution are:
1. To protect and serve the illegal occupant of malacañang
2. All criminal acts of pidal gangsters are covered by executive privilege.
3. Jail or kill all who are against Pidal
4. Pretend to be a legitimate leader by doing photo op
5. Give brown envelopes to CBCP, Congressmen, Media, dishonorable justices, governors, mayors,etc..
6. Give moslem dominated areas to MILF and MNLF but christian dominated areas will be given to Pidal like Palawan as part of the deal.
6. etc, etc, etc,
I read the SC court decision and the way I udnerstand it, it is not upholding the non-disclosure of the JPEPA itself but the negotiation papers. The initial offers.
I think it’s fair that negotiation offers should be kept from the public until a certain period of time.
I am for making all agreements entered to by the government in behalf of the Filipino people public.JPEPA, JMSU. Northrail, NBN-ZTE, etc.
But negotiation papers, intial offers, I think this should be in a case-to-case basis.
What matters is the final agreement.
if only there exist a trust between the government negotiators, and that of the governed, the people, the call for presentation of negotiation papers would have been UNnecessary.
however, if the current administrators of the government credibility to conduct honest short-term elections (validity at mere 6 years) is put under serious questions; why extend a blanket trust on them to concoct beneficial contract for their own people that cover an entire lifetime?
they stole the peoples’ trust once, they will do it again and over again.
REMEMBER: the deal on JPEPA’s validity is 50 years, before any amendment could be entertained ! that is practically an entire adult human life-term !!
these treasonous thieves, aided by no less than the Supreme Cursed, are unwilling to come forward and happily face questions, simply because there is no ‘initial offers’, to speak of.
they wrote the offer for the other side as well.