SCHOOL OF LAW
Angeles City, Pampanga
TREATIES AND
AGREEMENTS WITH
JAPAN
LEGAL RESEARCH
Submitted by:
Calica, Irene V.
Gorobao, Beatriz
Pineda, Kathlene P.
1
Centre, and the accessions to the Convention against Torture and the Protocol
Additional to the Geneva Conventions of 12 August 1949.
The president, as chief executive and head of state, has the power to conduct
foreign relations. This involves negotiating and entering into treaties. An
essential characteristic of diplomacy is it’s confidential in nature. The
president alone negotiates.
It is essential to identify the nature of the agreement in international law and
Philippines domestic law. Under international law, the agreement may be in
nature of a treaty or less formal memorandum of agreement, which creates
legally binding rights and obligations on the contracting parties or a
memorandum of understanding, which is non-legally binding instrument.
Executive Order No. 459 defines treaties as international agreements entered
into by the Philippines which require legislative concurrence after executive
ratification, while executive agreements are similar to treaties except that they
do not require legislative concurrence. Examples of agreements treated as
treaties are those that provide tax exemptions, because only Congress may
grant such exemption; grant privileges and immunities to individuals or
international organizations, except diplomatic immunities and privileges for
United Nations agencies and other international organizations which are by
now the norm; provide direct allocation of funds, as this prerogative is
exclusively lodged with Congress; and those that criminalize certain conduct,
as only the legislature may pass a penal legislation.
The distinction between treaties and executive agreements has no bearing in
the international law sphere. Both are covered by the term treaty as defined in
the Vienna Convention and thus equally binding.
http://210.5.104.56/treaty/treaty_law_and_practice.pdf
MAGSALIN NOTE
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II. TREATIES AND AGREEMENT WITH JAPAN
a. BEGINNING OF TREATY AND AGREEMENT BETWEEN
PHILIPPINES AND JAPAN
The war preparations agreement provided that Japan shall give the
Philippines US $800 million as war reparations, $ 550 million of which shall
be in the form of donations of equipment and machinery, technical
assistance, training and others, and the remaining $250 million for loans to
private businesses.
Thus Japanese reparations were used for the realization of the global strategy
of the United States which included taking a key role in the development of
Asian markets. It was also a good opportunity for Japanese economic growth
after the WWII.
The quantity of Japanese ODA increased rapidly since 1960. Having such an
increase, Japanese government officials could not handle all of their projects
operations and so Japanese government tapped the private firms to work for
their projects. Japan ODA then provided a big opportunity for Japanese
firms business and in reality, ODA provided Japanese companies business.
Eventually, these projects made better conditions and opportunities for the
business of Japanese
Firms in recipient countries.
3
Since then, the typical cycle of the Japan ODA problem begun involving the
Japanese enterprises (trading corporations and development consulting
firms) that find or develop the aid projects , and foreign government officials
in a process of aid distribution that is often arbitrary and usually secret.
The War reparations agreement lasted for 20 years from 1956 to 1976. In
that period of time, the Philippines became a dumping ground for Japanese
equipment and machinery. In 1970, the Japanese Diet formulated a draft
revision of the war reparations agreement naming it the Philippine Japan
Treaty on Amity, Trade, Commerce, and Navigation. When the draft was
submitted to the Philippine Senate in 1971, it was thrown out because of its
glaring unfairness to the sovereignty and dignity of the Philippines. At the
same time, the national democratic movement called for the junking of the
unequal treaty with Japan as part of the overall struggle of the Filipino
people for national freedom, democracy , and social justice.
The Protest against the unequal treaty with Japan was short lived. When
Marcos declared Martial in 1972, it fell victim to the suppression campaign
by the dictatorship against the national democratic movement. But the
education and propaganda against the unequal treaty between the Philippines
and Japan continued in the underground. Marcos signed the Treaty on
Amity, Commerce, and Navigation in 1976 without the benefit of
Congressional Ratification.
4
During the period 1986 - 1996, Pres. Corazon Aquino came to power. The
United States initiated a so-called mini Marshall plan to help the ailing
Philippine economy left by Marcos. Named Philipine Aid Plan(PAP), the
US asked Japan play host to the pledging ceremony. Japan took the lead in
PAP and unveiled the CALABARZON program, a Japan International
Cooperation Agency ( JICA) designed regional development plan with
100% financing through Japan Overseas Economic Cooperation Fund (
OECF ). CALABARZON covers almost 10% of the total land area of the
Philippines. Under PAP, it was designated for land conversion from
agriculture to industrial and housing estates mainly for Japanese companies
and businesses.
The misuse of ODA Funds in the Philippines was still fresh in the minds of
the Japanese public, the CALABARZON project proposal drew the ire of
the progressive parliamentarians, NGOs Academe and citizens groups and
individuals. An Anti-Calabarzon Project campaign was launched.
Forty years after Sen. Lorenzo Tanada had said that the war reparations
agreement would put the Philippine economy under Japanese control, his
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words have become a reality. Japanese goods have flooded the Philippine
market.
For more than 50 years since Japan occupied the Phippines, its presence in
the domestic economy is still highly recognizable. The countrys former
aggressor is today our most important trading partner, next to the US. As of
April 2001, Japan is the second largest market of Philippine exports, worth $
377 million. It is also the countrys biggest supplier of foreign products worth
$581 million, according to a press release issued by the NSO.
Apparently, the Philippines, along with many other Third World countries,
play a vital part in the global structure that serves Japans economic interests.
It is thus imperative for Japan to maintain its special relationship with these
agenda. Among the most effective means to do this is through the official
development assistance or ODA.1
1
A Brief Historical Background.(n.d.). Retrieved February 24, 2018, from
http://www.geocities.jp/cbnetnagoya/update/historical.html
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b. PURPOSE
The purposes of the Agreement are to promote a freer trans-border flow of
goods, persons, services and capital between Japan and the Philippines. The
Agreement also aims to promote a comprehensive economic partnership, which
includes intellectual property, competition policy, improvement of business
environment and bilateral cooperation in such fields as human resources
development, information and communications technology and small and
medium enterprises. After the conclusion of the Agreement, the Agreement is
expected to contribute to make the most of the complementary relations
between Japan and the Philippines and thus to strengthen even more the
existing bilateral economic relations.
Through the negotiations conducted, both sides benefited regarding trade in
goods, customs procedure, trade in services, investment, movement natural
person, cooperation, intellectual property, competition policy, mutual
recognition and business environment.2
2
JOINT PRESS STATEMENT.(n.d.). Retrieved February 24, 2018, from
http://www.mofa.go.jp/region/asia-paci/philippine/joint0411.html
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III. Data Collection
Certified true copies were collected at Department of foreign affairs library at
Pasay City, Manila.
Log in Sheet
8
Calica – Gorobao – Pineda
Gate Pass
9
DFA lobby
DFA library
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IV. Limitations of the Study
The following are the internal to external factors which limited the group’s
study.
1. Incomplete records of the concerned Government Agency.
The group discovered that certain Treaties or Agreements were not available
in the Carlos P. Romula Library (Department of Foreign Affairs Library).
The other party of the Treaties or Agreement retained the copy.
4. Financial Constraints
The group wanted to have the copy of a more relevant and known Treaties
or Agreements for the project, however, given the cost per page of each
Treaty or Agreement, the cost may exceed the budget allotted.
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V. Data Gathering
Records or Documents Review
The Data Gathering Technique that the group used in order to acquire the
records of the Agreements was through Records or Documents.
Record or document review as defined, involves systematic data collection
from existing records.
If the data is available and timely, record review is a very economical and
efficient data collection method. If not, it is likely well worth the time to
make improvements to your data management system so you can rely on
internal record review for future outcome measurement work. Just a few
changes to an existing form can turn it into a useful data collection tool. A
small amount of staff training can increase the validity and reliability of
internally generated data.3
The members of the group have searched the official website of the
Department of the Foreign Affairs for the Treaties and Agreements with
Japan and we browsed the records and have chosen 3 from the list.
We then made a request letter which was signed by the Assistant Dean of the
School of Law of Angeles University Foundation and brought it with us
3
Creating and Implementing a Data Collection Plan. (n.d.). Retrieved
February 24, 2018, from http://strengtheningnonprofits.org/resources/e-
learning/online/datacollection/
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when the group went to the Main Office of the said Government Agency to
request the Agreements.
The processing for our request took 4 working days afterwards we were
informed that it is already available for pick up after payment.
History
The Philippines is a neighboring country, and has for many years maintained
favorable relations with Japan. Japan and the Philippines have a close
relationship of interdependence in trade and investment. Since the latter half
of the 1980s, the Philippines has achieved positive results in structural
economic reform under the guidance of the IMF. The effects of the Asian
economic crisis, however, served to slow down the speed of economic
growth, and there remains need for Philippine businesses to increase their
productivity and international competitiveness.
The Philippines and Japan have had a long history of diplomatic relations,
dating back as early as 1889.4
The Philippines was occupied by Japan for almost 3 years during the World
War II in the 1940s. During this period, the Japanese military authorities
organized a new government structure – often referred to as a "puppet
government" – under which a number of Filipinos served.
The two countries have gone a long way from the wartime period – when at
least 7,000 soldiers died in the Bataan Death March alone – and have since
established a relationship based on cooperation and mutual trust.
Several factors accounted for the change in the state of cultural affairs and
social relations between the two countries. Japanese presence in the
Philippines -just like perhaps in other ASEAN member-states- fits nicely
with the latter countries' needs. Its economic penetration of the region, for
instance, coincided with the Philippines' and perhaps her ASEAN partners'
4
Diplomatic relations between the Philippines and Japan | GOVPH.(n.d.).
Retrieved February 24, 2018, from
http://www.officialgazette.gov.ph/diplomatic-relations/japan/
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requirements for additional factors needed to push their economic growth
and development performance upwards.
The Philippines is the first ASEAN country with which Japan has concluded
such agreement. Both states are optimistic that tangible cooperation will be
drawn up in accordance with the said agreement. This agreement between
Japan and Philippines will benefit each country at the year of 1988 and in
the future.6
5
Gavilan, J. (n.d.). FAST FACTS: PH-Japan relations through good and bad
times. Retrieved February 24, 2018, from
https://www.rappler.com/newsbreak/iq/120183-fast-facts-philippines-japan-
relations
6
The Philippines, Japan sign defense agreement | GOVPH. (n.d.). Retrieved
February 24, 2018, from http://www.officialgazette.gov.ph/2016/03/03/ph-
jp-sign-defense-agreement/
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GRANT OF Y414, 000, 000 FOR CONSTRUCTING BRIDGES
ALONG RURAL AREAS
I. Discussion
The grant was extended by the Japanese Government to strengthen the
economic cooperation and friendly relations with the Philippines. The said
grant is for the construction of bridges along rural roads.
Japan will extend a grant up to four hundred fourteen million yen (Y414,
000, 000) for the construction of bridges in the rural side of the Philippines
to allow faster trade and mobility of goods.
The said Grant will be used by the Philippine Government properly and
exclusively for the purchase of products of Japan or the Philippines and
services to Japanese or Philippine nationals of the following: (a) products
necessary for the execution of the Project and services necessary for the
installation thereof; and (b) services necessary for the transportation of the
products referred to in (a) to ports in the Republic of the Philippines, ad
those for internal transportation therein.
The said Grant may also be used to purchase products and services of the
same kind from other countries.
The Philippine Government will enter into contract with Japanese nationals
for the purchase of products and services in Japanese yen. The Japanese
Government will make the payment for the said products and services
incurred by the Philippines.
The Government of the Republic of the Philippines will take necessary
measures: (a) to ensure prompt unloading and customs clearance at
ports...and internal transportation therein of the products purchased under
the Grand; (b) to exempt Japanese nationals from customs duties, internal
taxes and other fiscal levies which may be imposed…with respect to the
supply of products ad services under verified contracts; (c) to accord such
Japanese nationals…such facilities as may be necessary for their entry …and
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stay therein for the performance of their work; (d) to ensure that the products
purchased…be maintained and used properly and effectively for the
execution of the Project; (e) to bear all expenses, other than those covered by
the Grant, necessary for the execution of the Project.
II. Availability
The Grant will be available during the period between the date of coming
into force pf the present arrangement and 31 March 1989, unless the period
is extended between mutual agreement between the authorities of the two
Governments.
III. Signatories
The signatories to this Grant were Raul S. Manglapus as the then Secretary
of Foreign Affairs and Tsuneo Tanaka, Ambassador of Japan to the
Philippines.
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www.ph.emb-japan.go.jp/bilateral/oda/loan.htm
8
www.ph.emb-japan.go.jp/bilateral/oda/qa.htm
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appraises those projects and approves those that are most necessary and
matured.
9
www.mofa.go.jp/region/asia-paci/Philippines/data.html
10
https://treaties.un.org/doc/Publication/UNTS/Volume%201001/volume-1001-I-14703-English.pdf
11
www.mofa.go.jp/region/asia-paci/Philippines/data.html
12
https://www.investopedia.com/articles/investing/100813/interesting-facts-about-imports-and-
exports.asp
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GRANT OF Y427,000,000 OF PROJECT FOR UPGRADING MEDICAL
EQUIPMENT OF THE PHILIPPINE HEART CENTER.
Since the latter half of the 1980s, the Philippines had achieved positive
results in structural economic reform under the guidance of the IMF. The
effects of the Asian economic crisis, however, served to slow down the
speed of economic growth, and there remains need for Philippine businesses
to increase their productivity and international competitiveness.
The Japan and Philippines went through some of treaty and agreement to
help each country that will benefit and improve their economic status. One
of this treaty is when the Japan, on 31 March 1989 help the Philippines
upgrading medical equipment of the Philippine heart center referred to as
“the project”. This will pursue if the Government of the Japan will provide
the grant amounted up to Y 427,000,000.
http://www.ph.emb-japan.go.jp/bilateral/oda/aid.htm
http://www.ph.emb-japan.go.jp/bilateral/oda/aid.htm
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Sponsorship and Implementation
The Government of the Republic of the Philippines or its designated
authority will enter into contracts in Japanese yen with Japanese nationals
for the purchase and products and services. Such contracts shall be verified
by the Government to be eligible for the Grant.
The sole purpose of the account is to receive the payments in Japanese yen
by the Government of Japan and to pay the Japanese nationals who are
parties to the Verified contracts. The procedural details concerning the credit
to and debit from the account will be agreed upon through consultations
between the Bank and the Government of the Republic of the Philippines or
its designated authority.
I. Coverage
The grant will be used by the Government of the Republic of the Philippines
properly and exclusively for the purchase of the products of Japan or the
Philippines and the services of Japan or Philippine nationals which are
medical equipment and vehicles necessary for the installation and equipment
and services necessary for the transportation of the products referred to the
ports in the Republic of the Philippines and those for internal transportation.
II. Enactment
The enactment of the Grant will be available during the date of 31 March
1989. The Grant is signed by between Raul S. Maglapus secretary of
Department Foreign affairs of the Republic of the Philippines and Tsuneo
Tanaka Ambassador extraordinary and Plenipotentionary of Japan to the
Republic of the Philippines.
III. Implementation
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The effect of this Grant the Government of the Republic of the Philippines
will take necessary measures: to secure a lot of land necessary for the
construction of the Facilities; to provide facilities for distribution of
electricity, water supply and drainage and other incidental facilities, to
ensure prompt unloading and custom clearance at ports of disembarkation in
the Philippines; to exempt Japanese nationals from custom duties internal
taxes and other fiscal levies which may be imposed in the Republic of the
Philippines with respect to the supply of the products and services; to accord
Japanese nationals whose services may be required in connection with
supply of the products and services under the Verified contracts such
facilities may be necessary for their entry into The Republic of the
Philippines and stay for the performance of their work; to ensure that the
facilities constructed and to bear all the expenses other than covered by the
Grant.
The products purchased under the Grant shall not be re-exported from the
Republic of the Philippines.
IV. Changes
The two governments will consult with each other in respect of any matter
that may arise from or in connection with the present arrangements.
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GRANT OF Y366,000,000 OF THE EXPANSION PROJECT
FOR PROGRAM III OF THE PHILIPPINE HUMAN
RESOURCES DEVELOPMENT CENTER.
The Government of Japan will contribute grant up to three hundred sixty six
million yen (Y366,000,000) to the execution of the expansion project for
Program III of the Philippine Human Resources Development Center by the
Government of the Republic of the Philippines in accordance with the
relevant laws and regulations of Japan.
The purpose of this treaty can be greatly seen from the Executive Order no.
785 for the creation of the Philippine Human Resource Development Center.
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2. The Center shall be in the University of Life, Ministry of Human
Settlements.
d. Source and negotiate for training opportunities with Japan and with other
ASEAN countries as a means of enhancing technical cooperation and
technology transfer; and
e. Provide and facilitate information flow not only among local training
agencies but also with Japan and other ASEAN countries.
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b. To coordinate Programs II, III, IV and V of the Center; and
8. The grant aid from the Government of Japan to the Center, to the extent
that it takes the form of financial assistance or assistance-in-kind that can be
easily converted into cash, shall be placed in a special account in any
government depository bank to be administered by the Center and utilized
for its programs and projects.
II. Sponsorship
The Government of the Republic of the Philippines or its designated
authority will enter into contracts in Japanese yen with Japanese nationals
for the purchase and products and services. Such contracts shall be verified
by the Government to be eligible for the Grant.
The government of Japan will execute the Grant by making payments in
Japanese yen to cover the obligations incurred by the Government of the
13
Executive Order No. 785, s. 1982 | GOVPH.(n.d.). Retrieved February 24,
2018, from http://www.officialgazette.gov.ph/1982/03/19/executive-order-
no-785-s-1982/
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Republic of the Philippines or its designated authority under the contracts
verified in accordance to an account to be opened in the name of the
Government of the Republic of the Philippines in an authorized foreign
exchange bank of Japan designated by the government of the Republic of the
Philippines or its designated authority.
The sole purpose of the account is to receive the payments in Japanese yen
by the Government of Japan and to pay the Japanese nationals who are
parties to the Verified contracts. The procedural details concerning the credit
to and debit from the account will be agreed upon through consultations
between the Bank and the Government of the Republic of the Philippines or
its designated authority.
III. Coverage
The grant will be used by the Government of the Republic of the Philippines
properly and exclusively for the purchase of the products of Japan or the
Philippines and the services of Japan or Philippine nationals which are
products and services necessary for the construction of a dormitory and other
supplementary facilities for Program III if the Philippines Human Resources
Development Center and the renovation of the existing facilities; equipment
and a vehicle for transport necessary for the execution of the Project and
services necessary for the installation of the equipment; and services
necessary for the transportation of the products referred above to ports in the
Republic of the Philippines, and those for internal transportation.
IV. Enactment
The Grant will be made available during the period between the date of
coming into force of the present arrangements and 31 March 1989, unless
the period is extended by mutual agreement between the authorities
concerned of the two Governments.The Grant is signed by between Raul S.
Maglapus secretary of Department Foreign affairs of the Republic of the
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Philippines and Tsuneo Tanaka Ambassador extraordinary and
Plenipotentionary of Japan to the Republic of the Philippines.
V. Implementation
The Government of Japan will execute the Grant by making payments in
Japanese yen to cover the obligations incurred by the Government of the
Republic of the Philippines or the designated authority under the contracts
verified in accordance with the provisions of paragraph 4 (hereinafter
referred to as" the Verified Contracts") to an account to be opened in the
name of the Government of the Republic of the Philippines in an authorized
foreign exchange bank of Japan designated by the Government ofthe
Republic of the Philippines or its designated authority (hereinafter referred
to as "the Bank").
The effect of this Grant the Government of the Republic of the Philippines
will take necessary measures: to secure a lot of land necessary for the
construction of the Facilities; to provide facilities for distribution of
electricity, water supply and drainage and other incidental facilities, to
25
ensure prompt unloading and custom clearance at ports of disembarkation in
the Philippines; to exempt Japanese nationals from custom duties internal
taxes and other fiscal levies which may be imposed in the Republic of the
Philippines with respect to the supply of the products and services; to accord
Japanese nationals whose services may be required in connection with
supply of the products and services under the Verified contracts such
facilities may be necessary for their entry into The Republic of the
Philippines and stay for the performance of their work; to ensure that the
facilities constructed and to bear all the expenses other than covered by the
Grant.
The products purchased under the Grant shall not be re-exported from the
Republic of the Philippines.
VI. Changes
The two governments will consult with each other in respect of any matter
that may arise from or in connection with the present arrangements.
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