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SC upholds Phl-Japan economic pact

The Philippine Star

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January 26, 2024

The Supreme Court has upheld the constitutionality of the Japan-Philippines Economic Partnership Agreement (JPEPA), a bilateral trade and investment deal entered into by the two countries during the Arroyo administration and ratified by the Senate in 2008.

- DAPHNE GALVEZ

In a 95-page decision dated June 13, 2023 but made public only last Jan. 24, the SC dismissed for lack of merit two petitions that challenged the legality of the agreement.

Petitioners claimed the agreement violated provisions of the Charter that guarantee people's right to health and to a balanced healthful ecology as well as compel government to protect and reserve the use of the nation's marine wealth and its archipelagic waters and exclusive economic zone exclusively for Filipino citizens.

They also claimed the agreement violated constitutional provisions that reserve certain sectors of economic activities to Filipinos. The agreement, they added, also violated constitutional provisions that mandate the government to pursue trade policies that serve the general welfare and to engage in arrangements based on equality and reciprocity.

The first petition was filed by Initiatives for Dialogue and Empowerment Through Alternative Legal Services Inc., Alliance of Progressive Labor, Ecological Waste Coalition of the Philippines, Mother Earth Foundation, Concerned Citizens Against Pollution, Fisheries Reform, Kilusan Para sa Pagpapaunlad ng Industriya ng Pangisdaan, and Philippine Workers Alliance.

The second petition was filed by the Fair Trade Alliance, Automotive Industry Workers Alliance and several lawmakers and former senators.

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