DND unfazed by questions on legality of EDCA

MANILA, Philippines - The Department of National Defense (DND) is unfazed by petitions questioning the legality of the Enhanced Defense Cooperation Agreement (EDCA) between the Philippines and the United States.

DND spokesman Peter Galvez said there is a need to boost the country’s security capabilities in the face of a “volatile” environment.

“We continue to work and move forward since our security environment remains volatile and uncertain. We have to be on alert, on our toes, and continuously vigilant,” Galvez said in a text message yesterday.

“We continue to assess plans and prepare employing all possible defense capabilities that would be available,” he added.

EDCA, signed by Manila and Washington last April, allows American troops to build facilities and store defense equipment in mutually agreed upon Philippine areas for 10 years.

Officials said the deal, widely perceived as a tool to counter China’s aggressive actions in the region, would upgrade the capabilities of the Philippine military, one of the weakest armed forces in the region.

The annexes of the agreement, including the areas that will host the US facilities and equipment, are still being finalized.

The building of US structures in Philippine bases, however, proves to be unpalatable to some sectors that believe it is tantamount to selling out the country’s sovereignty.

As a result, two petitions challenging the legality of the bilateral deal have been filed before the Supreme Court.

Former senators Rene Saguisag and Wigberto Tañada, two of 12 lawmakers who favored the shutdown of US bases in the Philippines in 1991, filed the first petition.

Backing their petition were former University of the Philippines president Francisco Nemenzo Jr., former UP College of Law Dean Pacifico Agabin, Sr. Mary John Mananzan, former Senate president Jovito Salonga’s son Steve Salonga, lawyers Harry Roque, Evalyn Ursua and Edre Olalia, Carol Pagaduan-Araullo and Roland Simbulan, and former Bayan Muna Rep. Teddy Casiño.

The petitioners believe EDCA has no legal basis because the Mutual Defense Treaty between the Philippines and the US has been superseded by the 1987 Constitution, which renounces war as a national policy.