RP-Japan trade talks resume

Negotiations between the Philippines and Japan have resumed following a break caused by the filing of a petition seeking more transparency regarding the terms of the Japan-Philippines Economic Partnership Agreement (JPEPA).

This was confirmed by Senior Trade Undersecretary Thomas Aquino who explained that while negotiations have resumed, the negotiating team are enjoined not to conclude the agreement.

Thus, conclusion of the JPEPA by July, Aquino admitted, may still be a "touch and go" matter.

According to Aquino, the Philippines and Japan are actually in the last stage of negotiations with the remaining ticklish area being investment issues, particularly establishing a mechanism for dispute settlement.

Aquino elaborated that a dispute settlement mechanism would avoid another "Fraport-type" dispute which leads to costly litigation.

Most of the major issues such as the automotive sector, Aquino said, have already been agreed upon.

Negotiations for the JPEPA were temporarily halted following the filing of a petition before the Supreme Court for a "mandamus, prohibition and a temporary restraining order" against the conclusion of the JPEPA.

Parts of the agreement are already undergoing legal "scrubbing" by the Department of Justice.

Civic groups led by Akbayan Citizen’s Action Party, Pambansang Katipunan ng mga Samahan sa Kanayunan, the Alliance of Progressive Labor and Representatives Lorenzo Tanada III, Etta Rosales, Rizza Hontiveros-Baraquel and Joel Villanueva had filed the petition for mandamus, prohibition and TRO with the Quezon City RTC.

Among those named as respondents were Senior Trade Undersecretary Thomas Aquino, Foreign Affairs Undersecretary Edcel Custodio, Tariff Commission chairman Edgardo Abon and several other officials.

In their petition, the civic groups and lawmakers are asking the QC RTC to order the respondents to "provide the petitioners with the full text of the JPEPA including the Philippine and Japanese offers and all pertinent attachments and annexes."

Second, the petitioners are also asking the Court to order the respondents to "refrain from concluding the JPEPA negotiations, signing the JPEPA, and transmitting the same to the President until such full disclosure has been made to the petitioners."

Lastly, the petitioners are seeking a TRO and/or Writ of Preliminary Injunction enjoining the respondents from concluding the JPEPA negotiations, signing the JPEPA, and transmitting the same to the President.