“Defend our territory but do not violate our Constitution.” ACT Teachers Rep. Antonio L. Tinio joined other representatives from the education sector in seeking a restraining order againstfuture joint military exercises between the AFP and Japanese troops without a treaty, as mandated by the Constitution.
Tinio and the rest of the petitioners asked the high court to declare unconstitutional the drills held in May and June 2015 between the Japanese navies, as well as two agreements entered into with the Shinzo Abe government which AFP and Aquino spokespersons cite as the legal bases for said drills.
The Memorandum on Defense Cooperation and Exchanges and the Japan-Philippines Joint Declaration, signed by defense chief Voltaire Gazmin and President Aquino, respectively, allow Japanese troops to illegally enter into Philippine land, waters, and airspace through joint military exercises and trainings, among other activities ostensibly for “capacity building.”
Tinio, however, said that such activities and the presence of the foreign troops that come with them, can only be allowed by a treaty concurred in by the Senate and, if Congress so decides, ratified by the entire people in a national referendum, pursuant to Section 25, Article XVII of the Constitution.
“When it comes to agreements involving the entry and presence of foreign troops in our territory,” said Tinio, “the President is mandated to consult the people, indirectly through their representatives in the Senate, and even directly through a referendum, if required by Congress. Such agreements need the approval of the people considering the grave implications to our sovereignty, rights, and security.”
Tinio clarified that Section 25 is the safeguard against the dangers of foreign military presence without the parameters therefor being set first in black and white.
“During any activities like the past naval drills and those yet to come under these RP-Japan agreements, helicopters may crash, wayward bullets may hit civilians, accidents and crimes involving the foreign troops may occur. Our natural resources may be damaged. Japanese troops may have personal, commercial, and whatever other dealings with locals, all of which will certainly have legal implications.”
“Without a treaty,” explained Tinio, “the resolution of these contingencies will be left to the general rules of law or to chance–both of which do not ensure the safety, security, rights, and interests of Filipinos.”
“In allowing the presence of Japanese military forces without benefit of a treaty,” added Tinio, “Aquino put at risk our safety and welfare, suppressed the sovereign will of the Filipino people, and violated our fundamental law.”
“We must exhaust all avenues to defend our territory against the condemnable Chinese incursions, and this includes the forging of alliances with other countries. But government must not violate our Constitution and sacrifice our sovereignty and the people’s welfare.”
The petition, docketed as G.R. No. 218833, also asked the Court to declare unconstitutional the RP-Japan naval drills conducted on May and June 2015 and for it to issue a temporary restraining order against the implementation of the two agreements, to prevent subsequent illegal drills with the Japanese military. PR
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