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JPEPA Executive Privilege Ruling

This case involves a petition filed by Akbayan and others to compel the disclosure of documents related to negotiations of the Japan-Philippines Economic Partnership Agreement (JPEPA). The petitioners argued that the government cannot sign a trade agreement without full disclosure of its provisions. However, the Supreme Court ruled in favor of the respondent, finding that diplomatic negotiations are protected by executive privilege. While the final JPEPA text was made public, the offers exchanged during negotiations were still considered privileged information. The Court determined that disclosing such offers could impair the Philippines' ability to negotiate with other countries in the future.

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123 views2 pages

JPEPA Executive Privilege Ruling

This case involves a petition filed by Akbayan and others to compel the disclosure of documents related to negotiations of the Japan-Philippines Economic Partnership Agreement (JPEPA). The petitioners argued that the government cannot sign a trade agreement without full disclosure of its provisions. However, the Supreme Court ruled in favor of the respondent, finding that diplomatic negotiations are protected by executive privilege. While the final JPEPA text was made public, the offers exchanged during negotiations were still considered privileged information. The Court determined that disclosing such offers could impair the Philippines' ability to negotiate with other countries in the future.

Uploaded by

Alvin Mercadero
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd

SYLLABUS TITLE: Executive Privilege / b.

Offers in Treaty Negotiation

CASE TITLE: AKBAYAN, et. al vs. Thomas Aquino in his capacity as DTI Undersecretary

FACTS:

 The petitioners filed a mandamus petition in the Supreme Court to compel the DTI, DFA and
DOJ, NEDA and the Executive Secretary to furnish them with the full text of the JPEPA (Japan,
Philippines Economic Partnership Agreement) as well as documents on its negotiations.

ARGUMENTS:

PETITIONER RESPONDENT
(AKBAYAN) (THOMAS AQUINO)

Petitioners said that the government cannot sign The Department of Foreign Affairs explains
the Trade Agreement with Japan without a full that the Committee’s request to be furnished all
disclosure of its provisions to the public documents on the JPEPA may be difficult to
accomplish, since the proposed Agreement has
been a work in progress for about three years. A
copy of the draft JPEPA will however be
forwarded to the Committee as soon as the text
thereof is settled and complete. (Emphasis
supplied)

*Input the court under the party it ruled in favor of. See below for example:

SC – denied the petition because the


respondent’s claim of executive privilege is valid

ISSUE:

Is the JPEPA protected by executive privilege?

RULING:

1. Yes, Diplomatic Negotiations are protected by executive privilege. This was the resolution of the
Supreme Court in PMPR vs Manglapus as early as September 13, 1988
2. Petitioners, both private citizens and members of the House of Representatives have failed to
present a “sufficient showing of need” to overcome the claim of privilege
3. Petitioner’s demand to be furnished copy of the full text has become moot and academic; it
having been made accessible to the public since September 11, 2006
4. As for their demand for copies of the Philippine and Japanese offers submitted during the JPEPA
negotiations, the same was denied, because the respondent’s claim of executive privilege is valid
How to relate to syllabus (Offers in treaty negotiation):

While the final text of the Japan-Philippines Economic Partnership Agreement (JPEPA) may not be kept
perpetually confidential – since there should be ample opportunity for discussion before a treaty is
approved – the offers exchanged by the parties during the negotiations continue to be privileged even
after the JPEPA is published.

It is reasonable to conclude that the Japanese representatives submitted their offers with the
understanding that “historic confidentiality” would govern the same. Disclosing these offers could
impair the ability of the Philippines to deal not only with Japan but with other foreign governments in
future negotiations.

While on the first impression, it appears wise to deter Philippine representatives from entering into
compromises, it bears noting that treaty negotiations, or any negotiation for that matter, normally
involve a process of quid pro quo, and oftentimes negotiators have to be willing to grant concessions in
area of lesser importance in order to obtain more favorable terms in an area of greater national interest.

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