Tolentino, Dela Rosa: Constitution silent on Senate’s concurrence on VFA exit
MANILA, Philippines— Neophyte Senators Francis Tolentino and Ronald “Bato” Dela Rosa believe that abrogating a treaty or any international agreement does not require the concurrence of the Senate.
This was contrary to Senate Minority Leader Franklin Drilon’s assertion that a treaty withdrawal must be valid and effective only upon concurrence by the Senate.
Tolentino, a lawyer, explained that under Sec 21 Article VII and Sec 25 Article XVIII of the 1987 Constitution, the concurrence of the Senate is only required “to bind” the state to any treaties or international agreements.
“However, there is no similar provision requiring the same to abrogate a treaty,” he said when he explained on the Senate floor Tuesday why he abstained from voting on a resolution, asking President Rodrigo Duterte to reconsider the scrapping of the Visiting Forces Agreement (VFA) between the Philippines and the United States pending Senate review.
“Our obligation lies not in the termination of treaties and international agreement but in its creation,” Tolentino added.
The senator insisted that as the “chief architect” of the country’s foreign policy, President Rodrigo Duterte has the sole power to abrogate any treaty.
“This includes the decision to terminate the existing Visiting Forces Agreement, a political process with regional and international consequences. This goes into the very essence of executive power, which in Art. VII, Sec. 1 of the 1987 Constitution, is vested in the sole person of the President of the Philippines,” he said.
In the realm of international relations, Tolentino said, “executive power reigns supreme.”
“Can the Senate then inquire into the President’s wisdom to abrogate a treaty? I say no. By reason of his office, the President has access to the most comprehensive and confidential diplomatic information and ultra-sensitive military intelligence data,” he said.
Dela Rosa echoed Tolentino’s view, citing his conversation with Senator Aquilino “Koko” Pimentel III, a lawyer, and also chairman of the Senate committee on foreign relations.
Dela Rosa said Pimentel had told him that there was nothing in the Constitution that requires Senate’s concurrence in treaty withdrawal.
“Nakasaad sa Constitution na with two-thirds vote concurrence of the Senate. Pero hindi naman nakasabi na yung pag abrogate meron pa ding concurrence , hindi naman nakasaad sa Constitution,” he said.
(The Constitution states that the two-thirds vote concurrence of the Senate is needed. But it does not say that abrogation still needs the concurrence, it was not stated in the Constitution)
“Sabi nga ni Sen. Koko Pimenel, to quote him: Pag hindi sinasabi ng Constitution, why do we insist?”
(According to Sen. Koko Pimentel, to quote him: If it’s not in the Constitution, why do we insist?)
Dela Rosa though said he is keeping an open mind and would listen when the issue was brought to the Senate floor.
Tolentino and Dela Rosa were among the seven senators who abstained from voting on the resolution, urging Duterte to reconsider the VFA abrogation.
The five others were Senators Imee Marcos, Pia Cayetano, Cynthia Villar, Christopher “Bong” Go, and Ramon “Bong” Revilla Jr.
Despite the approval of the resolution, the Philippine government pushed through with its plan as it sent a notice to the U.S. terminating the VFA.
