SC upholds EDCA

Voting 10-4, the Supreme Court (SC) upheld the constitutionality of the Enhanced Defense Cooperation Agreement (EDCA) between the Philippines and the United States (US).

Chief Justice Maria Lourdes Sereno penned the majority decision. Four Justices dissented – Teresita de Castro, Arturo Brion, Estella Perlas-Bernabe and Marvic Leonen.

The petition was filed by former Senators Rene Saguisag and Wigberto Tañada, and Congressmen Neri Colmenares and Carlos Zarate.

A primer on EDCA rules out establishment of US bases in the country, or permanent deployment of American servicemen.

The SC disputed the arguments of petitioners that the agreement was a treaty requiring ratification by the Senate by a two-thirds vote.

The SC further ruled that the EDCA is “not the instrument” that allows US troops or facilities to enter as the Visiting Forces Agreement (VFA) already has done that.

The SC ruled that as an Executive Agreement the EDCA remains “consistent” in the field of external affairs where the President must be given a larger measure of authority and wider discretion.

US Secretary of State John Kerry and Defense Secretary Ashton Carter hailed the SC for upholding the constitutionality of EDCA.

The Philippines and the US both agreed that EDCA would enhance the US ability to provide rapid humanitarian assistance to our country as well as help our military in its effort to modernize.

In Olongapo City, fishermen who were caught in the maritime disputes between China and our country and other Asian countries, said the presence of American troops in the country would end their sleepless nights, saying the latter’s presence would give them security when they venture out to sea. The Chinese Coast Guard has aggressively driven away Filipino fishermen from the West Philippine Sea, which China is also claiming.

P-Noy vetoes SSS pension increase

President Aquino vetoed House Bill No. 5842 or An act mandating a P2,000 across-the-board increase in Social Security System (SSS) monthly pensions.

President Aquino said the increase, if approved, would have resulted in a total payout of P56 billion annually, which will yield a deficit of P16 billion to P26 billion annually, that will endangered the financial stability of the SSS.

The vetoed bill goes back to Congress for a possible override, which requires a two-thirds vote of both Houses.

The President acted correctly. The amount of pension benefits should be decided by SSS management, not by Congress.

Failure of leadership

In the reopening of the Senate probe on the Mamasapano incident, Minority Leader Juan Ponce Enrile said there was a “failure of leadership in the Mamasapano clash that left 44 Special Action Force (SAF) police personnel and several other civilians dead.

Earlier, there was a released report from Senator Grace Poe that found the President “ultimately responsible” for the Mamasapano incident.

Enrile added there had also been a “failure of leadership in earlier incidents under his watch, including the 2010 Luneta hostage crisis where eight Hong Kong (HK) tourists were killed and his administration’s response to Typhoon Yolanda in 2013.”

In addition, there is a “failure of leadership” in not building a new international airport and there is a “failure of leadership” in solving the Metro Manila traffic problem.

It’s a “failure of leadership” not to let go of nonperforming Cabinet members.

Failure in agriculture

One of the biggest failures of the Aquino administration is the low growth in agriculture.

From 2011 to 2015, the agriculture growth rate averaged 1.7 percent or less than half of the four percent agriculture growth target set by the government.

Of the 26 million poor, 20 percent are in the rural areas, mostly farmers and fishermen.

The National Food Authority (NFA) just announced another shortfall in rice production, resulting in the need to import 1.2 million metric tons (MT) of rice for 2016.

President Aquino must take part of the blame by his refusal to change Agriculture Secretary Proceso Alcala as early as two years ago.

Secretary Alcala has been charged of involvement in the misuse of Priority Development Assistance Fund (PDAF) and Disbursement Acceleration Program (DAF) funds, especially in connection of the ghost deliveries of assistance to farmers charged to ghost non-government foundations and associations.

Corruption in the importation of rice, sugar, onions, chicken and frozen meat has been ongoing for five years.

Corruption in the construction of farm-to-market roads is also ongoing.

Bautista overruled

The Commission on Elections (Comelec) en banc unanimously confirmed and ratified Commissioner Rowena Guanzon’s memorandum submitted to the Supreme Court (SC).

Comelec Chairman Andres Bautista was in effect overruled by the en banc decision. After all he has been outvoted 5-1 and 5-2, and therefore cannot rightfully review and amend Commissioner Guanzon’s comment submitted to the SC.

The two decisions of the Comelec both decided to cancel the Certificate of Candidacy (COC) of Senator Grace Poe.

Commissioner Arthur Lim was designated by the Comelec en banc to announce their decisions. Lim clarified that the Comelec en banc has completed the resolution/comment in compliance with the SC order on the disqualification of Senator Poe issued by the Comelec’s two decisions. 

Tidbits

Vice President Binay topped the latest Social Weather Stations (SWS) presidential survey, conducted from Jan. 8 to 10, with 31 percent. Poe, Roxas and Mayor Rodrigo Duterte were statistically tied in second place with 24 percent, 21 percent, 20 percent, respectively.

Vice President Jejomar Binay, administration bet Mar Roxas and Senator Grace Poe crossed paths in Bohol last weekend. Vice President Binay visited nine towns in two days. Roxas stayed one day and visited two towns. Senator Poe stayed half a day visiting only Tagbilaran City.