SC affirms ‘executive privilege’ on JPEPA negotiations
INQUIRER.net | 07/16/2008
SC affirms ‘executive privilege’ on JPEPA negotiations
By Tetch Torres
MANILA, Philippines — The Supreme Court has upheld the “executive privilege” invoked by the government in refusing to accede to a request by several lawmakers, and partylist and militant groups for a full disclosure of its negotiations with Japan involving the controversial trade agreement.
Voting 10-4, the high court said the documents being sought were protected by diplomatic negotiations which constituted an exception to the right to information and the policy of full public disclosure.
“Diplomatic negotiations have been recognized as privileged in this jurisdiction and the reasons proffered by petitioners have not persuaded the Court,” the high tribunal said in a 51-page decision penned by Associate Justice Conchita Carpio-Morales, referring to the Japan-Philippine Economic Partnership Agreement (JPEPA).
“Moreover, petitioners-both private citizens and members of the House of Representatives have failed to present a sufficient showing of need to overcome the claim of privilege in this case,” the high court said.
Petitioners include Akbayan Cititzens Action Party (AKBAYAN), Pambansang Katipunan ng mga Samahan sa Kanayunan (PKSK), Alliance of Progressive Labor (APL), Vicente Fabe, Angelito Mendoza, Manuel Quiambao, Rose Beatrix Cruz-Angeles, Lawmakers Lorenzo Tanada III, Mario Joyo Aguja, Loreta Ann Rosales, Ana Theresia Hontiveros-Baraquel and Emmanuel Joel Villanueva.
Petitioners want to stop the government from signing the trade pact with Japan without a full disclosure of its provisions to the public.
The Department of Trade and Industry, which has been named respondent in the suit, has declined Akbayan’s request to reveal the full text of JPEPA.
The government said that while it recognized the public’s right to information and the policy of full public disclosure as stated in the 1987 Constitution, such rights were not absolute.
It took note of the high court’s ruling on Executive Order 464, which said that while the high tribunal voided several provisions, "it recognized the right to invoke executive privilege in relation to specific categories of information."
"The categories of information that may be considered privileged includes matters of diplomatic character and under negotiation and review. In this case, the privileged character of the diplomatic negotiations has been categorically invoked and clearly explained by respondents, particularly respondent DTI Senior Undersecretary [Thomas Aquino]," the government said.
But petitioners argued that JPEPA would remove barriers to trade and facilitate the flow of goods, persons, services, and capital between the two countries.
Akbayan cited a proposal to include trade in hazardous and toxic waste products like municipal waste, sewage sludge, and clinical waste.
The agreement was first proposed by Prime Minister Junichiro Koizumi in January 2002 following President Gloria Macapagal-Arroyo’s visit to Tokyo, but formal negotiations took off only in February 2004.
