President Rodrigo Duterte
Senator Panfilo Lacson said on Friday President Rodrigo Duterte can unilaterally terminate a treaty or a bilateral agreement without the consent of the Senate, unless the Supreme Court rules otherwise.
“In the absence of a Philippine Supreme Court ruling on the President’s power to unilaterally break a treaty or bilateral agreement like the VFA (Visiting Forces Agreement) without the consent of a 2/3 super-majority vote of the members of the Senate, the President can do that without the Senate’s approval or consent,” Lacson said in a statement.
Lacson said this is possible because the High Court has yet to act on an earlier petition filed by several senators during the 17th Congress regarding the withdrawal of the Philippines from the Rome Statute of the International Criminal Court (ICC).
In the May 2018 petition, opposition senators argued that the concurrence of the Senate is needed before the country could withdraw from the treaty.
Lacson said there is a need for the SC to speedily act on the petition, to clarify once and for all, the limitations of the President’s powers on international accords and agreements.
“Having said that, the Supreme Court should act soonest on whether the Senate’s consent is needed before the executive department can terminate a treaty or bilateral agreement,” Lacson said.
Lacson made the statements following President Duterte’s threat to scrap the VFA after the US revoked the visa of Senator Ronald dela Rosa.
According to Malacañang, the Philippine government has already started Friday the process of terminating the military deal that came into force in 1999.
Under the VFA, the accord will only be deemed terminated 180 days from the date on which either party gives the other party written notice of its desire to terminate the agreement.
https://www.pna.gov.ph/articles/1091894
“In the absence of a Philippine Supreme Court ruling on the President’s power to unilaterally break a treaty or bilateral agreement like the VFA (Visiting Forces Agreement) without the consent of a 2/3 super-majority vote of the members of the Senate, the President can do that without the Senate’s approval or consent,” Lacson said in a statement.
Lacson said this is possible because the High Court has yet to act on an earlier petition filed by several senators during the 17th Congress regarding the withdrawal of the Philippines from the Rome Statute of the International Criminal Court (ICC).
In the May 2018 petition, opposition senators argued that the concurrence of the Senate is needed before the country could withdraw from the treaty.
Lacson said there is a need for the SC to speedily act on the petition, to clarify once and for all, the limitations of the President’s powers on international accords and agreements.
“Having said that, the Supreme Court should act soonest on whether the Senate’s consent is needed before the executive department can terminate a treaty or bilateral agreement,” Lacson said.
Lacson made the statements following President Duterte’s threat to scrap the VFA after the US revoked the visa of Senator Ronald dela Rosa.
According to Malacañang, the Philippine government has already started Friday the process of terminating the military deal that came into force in 1999.
Under the VFA, the accord will only be deemed terminated 180 days from the date on which either party gives the other party written notice of its desire to terminate the agreement.
https://www.pna.gov.ph/articles/1091894
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