MANILA, Philippines - The Defense department reiterated Monday that the Enhanced Defense Cooperation Agreement (EDCA) is constitutional and consistent with the country’s interests.
“We maintain that it is within the constitution and existing laws,†Defense department spokesman Peter Galvez said in an interview.
Two former senators who voted against United States (US) bases in 1991 have questioned the legality of the EDCA before the Supreme Court.
Former Senators Rene Saguisag and Wigberto Tañada believe the agreement violates the constitution and does not provide any substantial, long-term real benefit to the country.
Joining them in the petition are former UP President Francisco Nemenzo Jr., former UP College of Law Dean Pacifico Agabin Sr. Mary John Mananzan, Steve Salonga the son of former Senate President Jovito Salonga, lawyers Harry Roque, Evalyn Ursua and Edre Olalia, Carol Pagaduan-Araullo and Roland Simbulan, and former Bayan Muna Rep. Teddy Casiño.
Galvez stressed that the deal does not violate Philippine sovereignty.
“The interest of the country has been paramount in (the) negotiations,†he said.
“We hope they (critics) will see the merits and bigger picture on how the EDCA will impact our country.â€
The petitioners argue that the EDCA has no legal leg to stand on because the Mutual Defense Treaty has been superseded by the 1987 Constitution, which renounces war as a national policy.
They also claimed that EDCA violates the ban on nuclear weapons in the country and deprives the Supreme Court of its constitutional prerogatives to review its constitutionality.
EDCA, the petitioners added, is a treaty that requires the concurrence of the Senate. – Alexis Romero with reports from Ronald Mendoza and Alvin Perez