PACQUIAO FOILS DRILON’S BID TO CLIP PRES. DIGONG’s POWER
By Aquiles Z. Zonio
Sun, 18 Mar 2018
GENERAL SANTOS CITY – So, it must be told.
Senator Manny Pacquiao did not block the passage of Senator Franklin Drilon’s Resolution No. 289.
Drilon, himself, backtracked.
In February last year, Drilon authored said resolution obviously to clip the power of the President to withdraw from any treaty without the concurrence of the Senate. Thanks to the vigilance and sagacity of other senators. Pacquiao, himself, expressed no iota of regret in opposing the passage of Drilon’s Resolution 89.
“I made the right decision. Kasi kung nakalusot ’yon sa Senado kahit na alam nilang labag ‘yon sa Constitution, eh di nakatali sana ngayon ang kamay ni Presidente. Masaya ang mga kalaban niya,” Pacquiao said.
Drilon’s resolution states: “Resolution expressing the sense of the Senate that termination of, or withdrawal from Treaties and International Agreements concurred in by the Senate shall be valid and effective only upon concurrence by the Senate.”
Said resolution was filed under Rule XXV Section 72 of the Senate Rules which provides that “Simple or concurrent resolutions shall not be subject to the procedure for Second and Third Readings prescribed in Section 71.”
Apparently, Drilon’s Resolution misled some senators – 13 of them who signed as co-authors – but during the interpellation, they were enlightened.
A mere resolution expressing the sense of the Senate has no effect and force of a law.
However, this was not clearly stated in the old Senate Rule XXV Sec. 72.
To give more meaning and emphasis on Senate Rule XXV Sec. 72, Pacquiao filed Senate Resolution No. 318, which says “Simple or concurrent resolutions shall not be subject to the procedure for Second and Third Readings prescribed in Section 71. HOWEVER, SAID RESOLUTIONS SHALL HAVE NO EFFECT AND FORCE OF A LAW.”
Pacquiao stated in his resolution that Drilon’s proposed measure clearly violates the principle on how legislation shall be passed as it tends to superimpose a provision to the constitution by vesting upon the Senate the power to concur in the abrogation of an international agreement.
Pacquiao claimed the 1987 Constitution only grants the Senate power to concur and that the President has the sole power to end a treaty.
"The Filipino people, who ratified the highest law of the land, gave the power to the President to decide on foreign affairs; thus, it follows that he alone has the sole power to abrogate a treaty or international agreement," Pacquiao said.
The Senate’s approval of Pacquiao’s Resolution 318 virtually gelded Drilon’s Resolution 289.
Sensing that he lost the support of his colleagues, Drilon backed off.
Drilon filed Resolution 289 after President Rodrigo Duterte made public statements that he wanted to scrap the Visiting Forces Agreement between the Philippines and the United States.
Pacquiao sees nothing wrong with the decision of President Duterte to opt out of the International Criminal Court(ICC).
The Rome Statute of the International Criminal Court was adopted on July 17,1998 by a vote of 120 to 7, with 21 countries abstaining.
Seven countries voted against which included China, Iraq, Israel, Libya, Qatar, the United States, and Yemen.
“Ang US nga, China at Israel hindi pumayag na maging bahagi ng ICC. Anong masama dun kung umalis tayo sa ICC?” Pacquiao said.
The Rome Statute, which was approved by the Philippine government in 2011, did not include a provision mandating Senate's concurrence in the termination of the deal.
“Outsiders kept on meddling into our internal affairs. They ought to respect us being a sovereign state. Papayag ba tayo na manghimasok ang ibang tao kung ano ang ginagawa natin sa loob ng ating sariling pamamahay?” Pacquiao asked.
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