SC to tackle EDCA, Junjun case today

MANILA, Philippines - The Supreme Court (SC) will resume session today after a two-week recess to tackle the petitions against the Enhanced Defense Cooperation Agreement (EDCA) and the case of dismissed Makati Mayor Jejomar Erwin “Junjun” Binay Jr.

A court insider said both cases have been included in the agenda of the justices.

The two main petitions questioning EDCA were filed in May last year by a group led by former senators Rene Saguisag and Wigberto Tañada, and Bayan Muna Representatives Neri Colmenares and Carlos Zarate.

Two other similar petitions were filed by Kilusang Mayo Uno and Confederation for Unity, Recognition and Advancement and the family of slain transgender Jeffrey “Jennifer” Laude in June and November last year, respectively.

The case was heard by the high court in oral arguments in November 2014 and had been up for resolution since December last year.

The petitioners alleged that EDCA violates provisions on national sovereignty, territorial integrity and interests, freedom from nuclear weapons and autonomy of local government units in the Charter.

They argued that EDCA is a treaty, not just an executive agreement as the Palace has claimed, which needs concurrence of the Senate before it could be implemented.

The groups said EDCA 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.”

The government, through Solicitor General Florin Hilbay, had argued that EDCA is a valid executive agreement.

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 in the Philippines for a period of 10 years.

Meanwhile, the petition filed by Ombudsman Conchita Carpio-Morales questioning the order of the Court of Appeals (CA) stopping its first preventive suspension order against Binay has been submitted for resolution.

In her petition last March, Morales assailed the temporary restraining order and writ of preliminary injunction issued by the CA stopping Binay’s suspension over alleged anomaly in the construction of the Makati City Hall Building 2.