MANILA, Philippines — No temporary restraining order on the US-Philippines Enhanced Defense Cooperation Agreement (EDCA) was issued Tuesday, as the Supreme Court ordered Malacañang to answer petitions questioning its legality.
The high court gave Executive Secretary Paquito Ochoa Jr. and Defense Secretary Voltaire Gazmin 10 days to submit their comments on petitions questioning the constitutional basis of the agreement, dubbed as the most important defense deals between the two countries in several decades.
The magistrates also ordered the consolidation of petitions filed by former Senators Rene Saguisag and Wigberto Tañada, and that of the Makabayan bloc of militant party-list legislators in the House of Representatives.
The petitioners argued that the EDCA violated Article 2, Section 8 of the 1987 Constitution prohibiting the entry of nuclear weapons in the country.
They also assailed the executive agreement for having the characteristics of a treaty needing the approval of the Senate before implementation.
The agreement essentially allows American forces to be present on a rotational basis in "agreed locations" within Philippine territory.
The EDCA cites the 1998 Visiting Forces Agreement and the 1951 Mutual Defense Treaty, specifying that any international disputes that both parties may be involved in have to be settled without compromising international peace, security and justice. - Camille Diola
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