SC defers ruling on EDCA anew

MANILA, Philippines - For the third time, the Supreme Court (SC) yesterday deferred ruling on the constitutionality of the Enhanced Defense Cooperation Agreement (EDCA) between the Philippines and the United States.

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 were included in the agenda of the SC justices in their special session.

But the magistrates decided to again reset voting on the case because some of them submitted their respective opinions only on Tuesday afternoon, requiring more time for deliberations.

The SC set the voting after the holiday recess on Jan. 12.

The SC earlier set 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 the agreement is a valid executive agreement that could stand even without the concurrence of the Senate.

Under the EDCA, the US will be allowed to build structures, store as well as preposition weapons, defense supplies and materiel, station troops, civilian personnel and defense contractors, transit and station vehicles, vessels, and aircraft for a period of 10 years.

It was signed by officials of the Philippine and US governments before Obama arrived in the country for a state visit in April last year.

Meanwhile, the militant group Bagong Alyansang Makabayan (Bayan) said the SC should stand for national sovereignty and strike down the agreement.

“Declaring the EDCA valid will be, in effect, a reversal of the Senate vote in 1991, which kicked out US bases from the country,” Bayan secretary general Renato Reyes said.

– With Rhodina Villanueva