SC set to tackle EDCA, biometrics, Grace DQ

MANILA, Philippines – The Supreme Court (SC) is set to rule today on the constitutionality of the Enhanced Defense Cooperation Agreement (EDCA) between the Philippines and the United States.

Justices of the High Court are expected to decide on the petitions seeking to strike down EDCA in a special session after deferring voting on the case twice last month.

An insider said the petitions filed in May last year by former senators Rene Saguisag and Wigberto Tañada and Bayan Muna Reps. Neri Colmenares and Carlos Zarate have been included in the agenda of the magistrates.

The SC earlier set the deliberations on the case on Nov. 10 and 16 before the arrival of US President Barrack Obama for the Asia-Pacific Economic Cooperation Summit.

The case was heard by the High Court in oral arguments in November last year and had been up for resolution since December 2014.

The petitioners alleged that EDCA violates provisions on national sovereignty, territorial integrity and interests, freedom from nuclear weapons and autonomy of local government units in the charter.

They argued that EDCA is a treaty, not merely an executive agreement as the Palace has claimed, which needs concurrence of the Senate before it could be implemented.

The petitioners said the agreement violates Article XVIII Section 25 of the Constitution, which requires that any foreign military bases, troops or facilities “shall not be allowed in the Philippines except under a treaty duly concurred in by the Senate.”

The government, through Solicitor General Florin Hilbay, had argued that EDCA is a valid executive agreement that could stand even without concurrence of the Senate.

‘No Bio, No Boto’

Meanwhile, the SC is set to tackle the urgent petition of the Commission on Elections (Comelec) to lift the temporary retraining order (TRO) on its “No Bio, No Boto” policy requiring voters to have biometrics before they would be allowed to vote in the 2016 general elections.

The Comelec has submitted a manifestation with the SC seeking to lift the TRO.

The High Court has junked a petition of the Kabataan party-list group seeking to extend voters’ registration.

Poe’s DQ case

The SC may act on the petition filed by Rizalito David on Dec. 8 questioning the Senate Electoral Tribunal (SET) decision dismissing the disqualification case against Sen. Grace Poe in the 2013 midterm polls.

Five senator-members of the SET upheld that Poe, a foundling, is a natural-born Filipino and eligible to keep her Senate seat. They were Sens. Paolo Benigno Aquino IV, Pia Cayetano, Loren Legarda, Vicente Sotto III and Cynthia Villar.

SET chairman and Senior Associate Justice Antonio Carpio and Associate Justices Teresita Leonardo-de Castro and Arturo Brion voted to disqualify Poe, along with Sen. Nancy Binay.

David asked the High Court to reverse the SET ruling.

A court insider said Poe’s case has been included in the agenda for today’s special session.

Lastly, the SC is expected to deliberate on the disqualification case filed against Marinduque Rep. Regina Ongsiako Reyes by former congressman Lord Allan Velasco.