SC sets Edca debate on Nov. 18
MANILA, Philippines—The Supreme Court has scheduled the debate on the constitutionality of the Enhanced Defense Cooperation Agreement (Edca) for Nov. 18.
Petitioners against Edca – former Senators Rene Saguisag and Wigberto Tanada, among 12 Senators who voted to kick the US military bases out of the country in 1991, along with militant groups, lawyers and representatives from the religious and the academe – questioned the legality of the Philippine-US pact in May.
The Edca, which has an initial term of 10 years, was signed in time for the state visit of US President Barack Obama on April 28 as part of his four-nation Asian tour.
Petitioners said the government violated several provisions of the Constitution, including the ban on foreign military bases and facilities without Senate concurrence.
Petitioners also cited the danger that Edca might facilitate the entry of nuclear weapons into the Philippines, which is barred by the Constitution.
But the government through Solicitor-General Florin Hilbay said the petitioners speculated that the separate agreements under the Edca would violate various Philippine laws and operate as a blank check to broaden the coverage of Edca. These speculations cannot be the basis of a constitutional challenge, Hilbay said.
Hilbay said President Benigno Aquino III entered into the pact because it is his constitutional duty to protect the State as its commander-in-chief.
“The President, through the DND (Department of National Defense), entered into the Edca to perform his primary constitutional duty to promote national security interests. Under Article II, Section 4 of the Constitution, the President, as head of State and chief representative of government, has the “prime duty to serve and protect the people,” read the pleading.
“The President is the Commander-in-Chief of the Armed Forces of the Philippines, which is constitutionally designated as “the protector of the people and the State,” said the nine-member OSG panel on the case led by Hilbay.
Hilbay said the President also approved the Edca to implement pre-existing treaties including the Mutual Defense Treaty (MDT) and the Visiting Forces Agreement (VFA).
The debate over Edca’s legality comes at the heels of the controversy surrounding the death of a woman transgender Jeffrey “Jennifer” Laude who was allegedly killed by US Private First Class Joseph Scott Pemberton.
Chief Justice Maria Lourdes Sereno earlier said the debate would also cover provisions of the Visiting Forces Agreement because it was incorporated in the Edca petition.
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