Santiago confident SC will declare EDCA unconstitutional

By: Matikas Santos - 11 years ago

Sen. Miriam Defensor-Santiago INQUIRER FILE PHOTO

MANILA, Philippines—Senator Miriam Defensor Santiago believes the Supreme Court will declare as unconstitutional the Enhanced Defense Cooperation Agreement (EDCA) between the Philippines and the United States (US).

“An agreement signed by a defense secretary and a US ambassador should not be the new normal. It should be declared abnormal, because of the particular importance of the EDCA in the context of our Constitution,” Santiago said in a statement Thursday.

Under international law, the heads of state are the ones who should sign “treaties of particular importance” and if representatives are sent to sign on their behalf, they need to show a formal document known as “Full powers.”

“Did defense secretary Voltaire Gazmin and US Ambassador Philip Goldberg present their Full Powers?” Santiago said.

The EDCA was signed a few hours ahead of the state visit of US President Barack Obama last April 18, 2014.

The agreement allows US forces access to Philippine military bases, which militant groups alleged is unconstitutional.

Santiago said that the head of state can only share the capacity to sign treaties with the head of government and the foreign minister.

She cited some of the constitutional provisions that were violated because of the EDCA:

Article 7, Sec. 21 “No treaty or international agreement shall be valid and effective unless concurred in by at least two-thirds of all the members of the Senate.”

Article 18, Sec. 25 “After the expiration in 1991 of the Agreement between the Republic of the Philippines and the United States of American concerning Military Bases, foreign military bases, troops, or facilities, shall not be allowed in the Philippines except under a treaty duly concurred in by the Senate.”