No SC ruling on EDCA before APEC

MANILA, Philippines - The Supreme Court (SC) has again deferred ruling on the constitutionality of the Enhanced Defense Cooperation Agreement (EDCA).

Justices tackled the case in session yesterday but decided to reset their deliberations and voting next month, according to an insider.

It was the second time the SC deferred ruling on the case.

Justices had first set the deliberations in their session last Tuesday, Nov. 10, but deferred the ruling to yesterday because some justices were not ready to vote.

But yesterday, justices decided to again reset voting to Dec. 16 after one of them asked for more time to write a separate opinion, the source said.

The two main petitions against EDCA were filed in May last year by a group led by former Senators Rene Saguisag and Wigberto Tañada and members of the House of Representatives led by Bayan Muna Reps. Neri Colmenares and Carlos Zarate.

Similar petitions were also filed by Kilusang Mayo Uno (KMU) and Confederation for Unity, Recognition and Advancement (Courage).

The SC heard the case in oral arguments in November last year and had been up for resolution since December last year.

Petitioners alleged that EDCA violates provisions on national sovereignty, territorial integrity and interests, freedom from nuclear weapons and autonomy of local governments in the Constitution.

They also argued that EDCA is a treaty – not merely an executive agreement as Malacañang has claimed – which needs concurrence of the Senate before it could be implemented.

They said the agreement violates Section 25, Article XVIII 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 the agreement is a valid executive agreement that could stand even without the concurrence of the Senate.

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 Filipino and US officials hours before US President Barack Obama arrived for his two-day state visit on April 28 and 29 last year.