Constitution does not require Senate concurrence on ending treaties: Guevarra

February 12, 2020

Justice Secretary Menardo Guevarra said Wednesday the 1987 Constitution does not require concurrence of the Senate, a treaty-ratifying body, in terminating treaties and other international agreements.

Foreign Secretary Teodoro Locsin Jr. sent the notice of termination of the 22-year-old VFA to the US Embassy in Manila on Tuesday.

Guevarra said the Senate may challenge the constitutionality of the VFA termination but the Supreme Court will likely refuse to resolve it as this may  involve political questions.

“Senators may of course bring up the issue of the VFA termination to the Supreme Court if they are minded to do so,” Guevarra said in a text message.

“Whether the President should at least consult the Senate is manifestly a political question that the Supreme Court will certainly refuse to resolve,” he pointed out.

Guevarra said there is nothing in the Constitution that requires concurrence of the Senate when it comes to ending treaties.

“Although a treaty is considered part of the law of the land, it does not belong to the class of ordinary statutes that pass through the entire legislative process; i.e., its abrogation is not similar to the repeal of an ordinary statute,” he explained.

Once the VFA between the two countries is terminated, Guevarra stressed that it “will make the Enhanced Defense Cooperation Agreement (EDCA) practically useless and the Mutual Defense Treaty (MDT) a hollow agreement.”

The EDCA is a supplemental agreement to the VFA. while the MDT was signed between the Philippines and US in 1951.

Guevarra remained positive that the Philippines will “survive” the termination of a “mere” VFA with the US.

“We survived the historic termination of the RP-US Military Bases Agreement; there's no reason why we shall not survive the termination of a mere Visiting Forces Agreement,” he said. DMS