Phl panel confident EDCA to withstand SC scrutiny

MANILA, Philippines - The Philippine panel that negotiated the Enhanced Defense Cooperation Agreement (EDCA) with the United States (US) is confident that the deal will withstand the scrutiny of the Supreme Court.

Reacting to petitions questioning the agreement’s legality, the panel said everyone has the right to raise questions about the EDCA, which provides American troops greater access to Philippine bases.

“We welcome the filing of the cases and see this as an opportunity to allay the apprehension of those who doubt the EDCA's constitutionality,” the Philippine panel said in a statement released to reporters Thursday.

“The panel is confident that the EDCA will pass the scrutiny of the Supreme Court,” it added.

Two petitions challenging the constitutionality of EDCA have been filed before the high court.

The first petition was filed by former senators Rene Saguisag and Wigberto Tañada, two of the so-called “magnificent twelve” who voted for the closure of US bases in 1991.

Joining them in the petition were former University of the Philippines (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.

The petitions said the agreement violates the constitution and does not provide any substantial, long-term real benefit to the country.

They also believe that EDCA has no legal basis because the Mutual Defense Treaty has already been superseded by the 1987 Constitution, which renounces war as a national policy.

The second petition was filed by the so-called Makabayan bloc lawmakers, who claimed that the deal is disadvantageous to the Philippines and only serves the interest of the US.

The lawmakers who filed the second petition were Bayan Muna party-list Reps. Neri Colmenares and Carlos Zarate, Gabriela party-list Reps. Luzviminda Ilagan and Emi de Jesus, Alliance of Concerned Teachers Rep. Antonio Tinio, Anakpawis Rep. Fernando Hicap, and Kabataan Rep. Terry Ridon.

Joining them were National Artist for Literature Bienvenido Lumbera, activist Renato Constantino Jr., film and television director Joel Lamangan, former lawmakers Satur Ocampo, Liza Maza and Rafael Mariano, Kilusang Mayo Uno secretary-general Roger Soluta, Salvador France of Pamalakaya, Clemente Bautista of the Kalikasan People’s Network for the Environment.

The Defense department has claimed that the EDCA serves national interest and does not violate the constitution. – Alexis Romero