Crew members of Japanese submarine Oyashio (left) work on the deck while Japanese destroyers JS Ariake (109) and JS Setogiri (156) dock at a port of the former US naval base in Subic, Olongapo. Ted Aljibe, AFP/file

MANILA — The Philippines' Reciprocal Access Agreement (RAA) with Japan is not a military basing deal, Department of National Defense (DND) Secretary Gilbert Teodoro on Monday told the Senate Committee on Foreign Relations, which began its ratification hearings on the treaty.

Why the Philippine-Japan defense pact matters

"Article 4 states clearly that it is not a military basing agreement, which is prohibited under our laws," Teodoro explained. 

While the agreement was signed in July, it needs to be ratified by the Senate before it comes into effect, as required by the 1987 Constitution.

In his opening statement to the panel led by Sen. Imee Marcos, Teodoro said Japan is also a supplier of domain awareness capabilities to the Philippines and a heavy contributor to humanitarian assistance and disaster response.

"Therefore it was deemed proper that defense and security cooperation and a reciprocal access agreement be entered into so that our personnel can train side by side and exercise scenarios side by side in the aim of increasing trust and confidence amongst each other," he said.

The RAA has a total of 29 articles "and none of the articles in the RAA shall be construed to mean an amendment of any domestic law or much less a constitutional provision," Teodoro said.

PH-Japan RAA in Senate for ratification

Some of the articles in the RAA cover environmental protection and IP rights.

"Article 20 is a new article which was insisted on by the Philippine side and acceded to by Japan which mandates environmental protection and respect for cultural and indigenous people's rights. Article 21 includes the command and control and disposition of criminal and disciplinary cases. These are supplemented by an annex and agreed minutes."

Teodoro explained that the RAA is also patterned after similar agreements Japan had with Australia and the United Kingdom.

"It is hoped by this humble resource person that the Honorable Senate shall extend, shall ratify the agreement in the soonest possible time so that the mechanisms under the same may be drawn up subject to the guidance and oversight naturally of the Visiting Forces Agreement and the Senate. We humbly submit your honors," Teodoro said.

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