MANILA, Philippines - Malacañang should explain to the public the details of the Enhanced Defense Cooperation Agreement (EDCA) signed by the Philippines and the United States, which allows increased rotational presence for US troops in the country, Senate President Franklin Drilon said yesterday.
“I think the executive is facing the burden of explaining that this is not a treaty. How does this agreement differ from the bases agreement? And the situation from Subic and Clark?†Drilon added, referring to the US bases that were closed down in Subic and Angeles City in 1992.
Apart from the Palace, the Department of National Defense and Department of Foreign Affairs should also explain the contents of the EDCA.
“There is a need to ask the DND and DFA for an explanation. Let us listen to them justify this EDCA. How does the executive justify that this is not a treaty?†added Drilon, an administration ally.
“What is the difference of this agreement and a treaty that this does not need the ratification and concurrence of the Senate, which has the treaty-making authority,†he said.
Drilon said the executive department however should be accorded presumption of regularity when they signed the agreement with their counterparts from the US. But that the document itself is complicated and might be misconstrued as blanket approval for bases.
“Hindi po madali itong EDCA. Alam mo ito ay masalimuot. Marami ring nagsasabi na maraming magtatayo ng base militar, alam mo, sa ating patakaran ay mayroong presumption of constitutionality sa isang agreement, at mayroong regularity in the performance of function sa mga nag-negotiate nito,†Drilon told radio station dzBB.
Drilon said EDCA could be reviewed by the Senate upon filing of a proper resolution by the Senate committee on national defense chaired by Sen. Antonio Trillanes IV.
However, Drilon said the issue of constitutionality should be better left to the decision of the Supreme Court.