Justices seen split on EDCA

MANILA, Philippines - Justices of the Supreme Court are divided over the Enhanced Defense Cooperation Agreement (EDCA) between the Philippines and the United States.

A court insider bared yesterday that three magistrates have submitted their respective dissenting opinions on a draft decision upholding the constitutionality of EDCA.

“This was the reason why the voting was again reset (last Wednesday). The dissenting opinions were circulated only last Tuesday,” the source revealed to The STAR.

Chief Justice Ma. Lourdes Sereno reportedly penned the draft ruling.

On the other hand, at least three justices – including an appointee of President Aquino – believe that EDCA is unconstitutional and should be voided.

The SC was set to deliberate on the petitions filed in May last year by former senators Rene Saguisag and Wigberto Tañada and militant lawmakers led by Bayan Muna Reps. Neri Colmenares and Carlos Zarate in a special session last Wednesday.

But the justices decided to instead set the voting when they resume session after the holiday recess on Jan. 12 next year.

It was the third time the high court tackled the case, but failed to come up with a decision.

The SC earlier set the deliberations on the case last Nov. 10 and 16 before the arrival of American President Barrack Obama for the Asia-Pacific Economic Cooperation summit last month, but the high court failed to rule on the case because some justices were not ready yet with their position.

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