Press Release
January 15, 2007

12th ASEAN Treaties May Require Senate Ratification

Senator Rodolfo G Biazon today said that treaties signed by President Gloria Macapagal Arroyo during the 12th ASEAN Summit will require the ratification of the Senate before they could be enforced and considered binding.

In his capacity as Vice Chairman of the Senate Committee on Foreign Relations, Biazon said he will send a letter request today to the Department of Foreign Affairs to furnish the Senate copies of these treaties to be reviewed and studied.

Biazon cited Article VII Sec 21 of the Constitution which states that: No treaty or international agreement shall be valid and effective unless concurred by at least two thirds of the Members of Senate.

The spirit of the above Constitutional provision requiring the ratification by the Senate of all treaties or international agreements is the possibility of a need to change existing policies or laws and the potential effect to our national politics.

Biazon cited the case of the long deliberations on the WTO-GATT agreement that had been sponsored by President Gloria Macapagal Arroyo during the 9th Congress of the Senate, We had to change some of our laws like our anti-smuggling law and other economic legislation.

Relative to the 12th ASEANs collective concern on an anti-terror campaign, they claim they intended to hasten prosecution. Does this mean that we are about to embrace the policies of the United States such as what is being adopted in Guantanamo Bay where they changed the standards of the evaluation of the pieces of evidence?

The general principle in the evaluation of the pieces of evidence presented in court is guilt must be proven beyond reasonable doubt. In Guantanamo, they depend on mere preponderance of evidence.

Are we going to treat international terrorists different from domestic terrorists? I also foresee other related anti-terrorism topics such as wire-tapping, the opening of bank accounts which needs to be clarified and discussed at the Senate.

Biazon said in some countries, ratification by their respective Legislatures of their international treaties and agreements is no longer required so long as they adhere to international laws.

But our Philippine laws are clear on the necessity of a Senate ratification. It doesnt mean that although these agreements were signed in Cebu by our President, we are bound. The Department of Foreign Affairs should provide the Senate copies of these agreements for closer examination by the Legislature, Biazon concluded.

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