SC defers ruling on petitions vs EDCA

MANILA, Philippines - The Supreme Court (SC) deferred ruling yesterday on petitions questioning the legality of the Enhanced Defense Cooperation Agreement (EDCA) and instead gave the government 15 days to comment on points raised against the military deal signed with the United States last April.

At the resumption of session yesterday after a month-long recess, the justices decided to first get the side of the government before deciding on petitions for the issuance of temporary restraining order (TRO) on EDCA.

The Palace, the Department of National Defense and the Department of Foreign Affairs are the respondents in the petition.

SC spokesman Theodore Te said the two petitions, successively filed on May 26 and 27 by a group led by former senators Rene Saguisag and Wigberto Tañada and by militant lawmakers led by Bayan Muna Representatives Neri Colmenares and Carlos Zarate, have been consolidated by the high court.

The petitioners argued that EDCA is a treaty and not just an executive agreement as the Palace is claiming. As a treaty, they said EDCA is subject to Senate concurrence before it can be implemented.

They also said the agreement violates Article XVIII Section 25 of the Constitution, which requires that any foreign military bases, troops or facilities “shall not be allowed in the Philippines except under a treaty duly concurred in by the Senate.”

They also alleged that the deal violates Article II Section 8 of the Constitution, which prohibits nuclear weapons in the country.

They also argued that the deal is disadvantageous to the government as American troops would be exempted from taxes and fees in use of public utilities, thus depriving the government of its power of taxation.

They added that the deal contradicts the country’s obligations as a member of the United Nations, which has outlawed the use of force as a means to settle disputes between states.

Under the EDCA, the US will be allowed to build structures, store as well as preposition weapons, defense supplies and materiel, station troops, civilian personnel and defense contractors, transit and station vehicles, vessels, and aircraft for a period of 10 years.  

It was signed by officials of both countries hours before US President Barrack Obama arrived in Manila for a two-day state visit last April 28 and 29.