MANILA, Philippines -- The concurrence by the Senate of a controversial trade agreement between the Philippines and Japan has been “virtually assured” after 14 senators signed the committee report on the accord, Senator Miriam Defensor-Santiago said.

“The required two-thirds vote of the Senate is only 15 senators, so we only need one more vote. That won't be hard, because the issue of constitutionality has already been settled,” said Santiago, head of the foreign relations committee.

The 14 senators who signed the committee report were: Senators Santiago, Manuel “Mar” Roxas II, Edgardo Angara, Juan Ponce Enrile, Richard Gordon, Lito Lapid, Ramon Revilla Jr., Juan Miguel Zubiri, Rodolfo Biazon, Loren Legarda, Jose Estrada, Francis Pangilinan, and Aquilino Pimentel. All of the senators signed with reservations except for Angara and Enrile.

Santiago said the issue of JPEPA’s constitutionality has been resolved because Japan has agreed to the side agreement that provided a complete list of all the provisions of the Philippine Constitution which would allow economic activity only to Filipinos or Filipino-owned corporations at the level of 60, 70, or even 100 percent.

Santiago said that Japanese Foreign Minister Masahiko Komura, through Ambassador to the Philippines Makoto Katsura, signed an “exchange of notes” with Foreign Affairs secretary Alberto Romulo, which supposedly amended the trade agreement.

“The result of the exchange of notes will be that all Philippine constitutional provisions reserving certain economic activities to Filipinos and to corporations 60 percent Filipino-owned shall prevail over JPEPA,” Santiago said.

The “exchange of notes” is, in effect, binding, Santiago said, citing Article 13 of the Vienna Convention on the Law of Treaties that “an exchange of notes in effect constitutes a treaty in itself, provided it states that the exchange shall have that effect.”

“Our national patrimony and natural resources will remain safely in Filipino hands,” said Santiago.