Gov’t panel confident EDCA will withstand scrutiny

MANILA, Philippines - The government panel that negotiated the Enhanced Defense Cooperation Agreement (EDCA) has expressed confidence the deal could 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 it.

“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 panel said in a statement released to reporters yesterday.

Two petitions challenging the constitutionality of EDCA have been filed before the high court. Former senators Rene Saguisag and Wigberto Tañada, two of the senators who voted for the closure of US bases in 1991, were among the petitioners.

Former University of the Philippines 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; Roland Simbulan and former Bayan Muna Rep. Teddy Casiño were the other petitioners.

They said the agreement violates the Constitution and does not provide any substantial, long-term real benefit to the country.

The EDCA has no legal basis because the Mutual Defense Treaty has already been superseded by the 1987 Constitution, which renounces war as a national policy, they added.

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

The petitioners 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 and Clemente Bautista of the Kalikasan People’s Network for the Environment.