The Senate adopted a resolution asking the Supreme Court to rule on “whether or not the concurrence of the Senate is necessary for the abrogation of a treaty previously concurred in by the Senate.”
Senate Resolution 337 was adopted with a vote of 12 affirmative votes and seven abstentions. No senator voted against the resolution.
The resolution was sponsored in the plenary by its main author, Senate President Vicente Sotto III.
Besides Sotto, those who voted in favor of the resolution were its co-authors: Senate Majority Leader Juan Miguel Zubiri, Senate Minority Leader Franklin Drilon, and Senators Panfilo Lacson and Richard Gordon.
Also included were Senate President Pro-Tempore Ralph Recto and Senators Sonny Angara, Joel Villanueva, Nancy Binay, Lito Lapid, Francis Pangilinan, and Risa Hontiveros.
Those who abstained included Senators Christopher “Bong” Go, Ronald dela Rosa, Francis Tolentino, Aquilino Pimentel III, Cynthia Villar, Imee Marcos, and Ramon Revilla Jr.
Senators Manny Pacquiao and Pia Cayetano were not able to vote as they came in late.
The resolution noted that while the Constitution is clear as regards to the “required concurrence of the Senate” for the validity of a treaty or international agreement, there was obviously “an absence” of any provision as to whether or not the concurrence of the Senate is necessary for the termination of any treaty earlier concurred in by the body.
“Considering the urgency of the determination of the purely legal question…now is the most opportune time for the august body to obtain from the Honorable Supreme Court its declaration on this legal question,” the resolution read.
Senate Resolution 337 further noted that the “ambiguity” on the concurrence of the Senate in the abrogation of a treaty involves “an issue of transcendental importance” that impacts on the country’s constitutional checks and balances.
“It presents a constitutional issue that seriously affects the country’s legal system as well as the country’s relations with the international community,” the resolution said. (PNA)