2 ex-senators to question EDCA before SC

MANILA, Philippines - Two former senators who voted against the United States (US) bases in 1991 are set to contest the validity of the Enhanced Defense Cooperation Agreement (EDCA) between the US and Philippine governments before the Supreme Court (SC).

Former Senators Rene Saguisag and Wigberto Tañada will file with the high court on Monday a petition against EDCA.

Saguisag and Tañada  are among the "magnificent 12" senators led by ex-Senator Jovito Salonga who voted to kick the US military bases out of the Philippines in 1991.

Joining them in the petition are former University of the Philippines President Dr. Francisco “Dodong” Nemenzo Jr., Dean Pacifico  Agabin, Sister Mary John Mananzan, lawyers Steve Salonga, Harry Roque, Evalyn Ursua and Edre Olalia, Dr. Carol Pagaduan-Araullo and Dr. Roland Simbulan, and  former Representative Teddy Casiño of Bayan.

The  EDCA is being touted as a mere implementation of policies enshrined in the 1951 Mutual Defense Treaty (MDT) between the US and the Philippines.

The petitioners, who are represented in the case by the Center for International Law,  however, argue that the EDCA has no legal leg to stand on because the MDT has already been superseded by the 1987 Constitution which renounces war as a national policy.

For the first time, the constitutionality of the MDT itself is now being challenged before the high court.

According to their 65-page petition, the EDCA also violates the ban on nuclear weapons in the country set in place by the 1987 Charter and deprives the SCt of its constitutional prerogatives to review its constitutionality.

The petitioners argue that the EDCA is a treaty, and therefore requires Senate concurrence.

"Not only is the EDCA a violation of the Philippine Constitution... it also does not provide any substantial, long-term real benefit, much less distinct advantage or improvement in our position vis-à-vis the United States," the petition read.