"The unfair and one-sided provisions of the JPEPA encroach on the rights of the Filipinos to chart their own destiny."

The JPEPA is a preferential trade treaty signed last year in Helsinki.

Provisions allegedly do not conform with the Constitution. A position paper presented by retired Supreme Court Justice Florentino Feliciano to the Senate foreign relations committee warns that Japanese investors may request for more than 40 percent ownership in media, advertising, public utility and educational enterprises in violation of the Constitution.

Now comes Senator Mar Roxas, chairman of the Senate committee on trade and commerce, with more concerns. He is urging the government to disclose how the administration will treat Asean-Japan Comprehensive Economic Partnership (AJCEP) to observe total transparency about the prospective economic partnership agreement between the Association of Southeast Asian Nations (Asean) and Japan. In particular, how it will be treated vis-à-vis the Japan-Philippines Economic Partnership Agreement (JPEPA).

Sen. Roxas received information that a leaders’ statement on the AJCEP will be released during the Asean Summit in Singapore next week. The text of the forthcoming deal is now undergoing legal scrutiny and may be ready for signing early next year.

"It would be better for the government to reveal this early, in black and white, the characteristics of this AJCEP, particularly if it will have similar provisions or the same breadth and scope, and the same binding effect, as the JPEPA."

The senator also called on the government to disclose its intentions on whether the AJCEP will be a treaty or only as an executive agreement, and its position on the AJCEP’s legal bearing vis-à-vis JPEPA.

Roxas stressed that if AJCEP will have the same breadth and scope as JPEPA, then it should be considered as a treaty. As such, it should get Senate ratification.

Furthermore, a definitive statement on the two agreements’ relationship must be released, in particular, if AJCEP will eventually replace or supersede JPEPA.

What is in it for Philippine interests? What’s in it for our citizens? Can Asean members be expected to look after the interest of Filipinos?

"Once more, we don’t want the backdoor acceptance of an agreement that has yet to be proven as beneficial to Juan dela Cruz," Sen. Roxas said. He stressed that sectors to be affected should be consulted in the process of negotiating and finalizing the agreement.

The government ought to consult the Senate on the prospective agreement and provide it with copies of the draft prior to its signing and formal submission for ratification.

JPEPA is now undergoing scrutiny by the Senate committees on foreign relations and on trade and commerce prior to the Senate’s concurrence. As yet, the government side has failed to justify the benefits to be gained from JPEPA vis-à-vis its detrimental effect to certain sectors of the economy.

Roxas had debunked earlier claims by the government that JPEPA is just an executive agreement. He insists that the Senate must ratify it, as required by the Constitution.