MANILA: Philippine Solicitor General Florin Hilbay told the Supreme Court (SC) yesterday that the Enhanced Defence Cooperation Agreement (EDCA) with the United States is not unconstitutional as opponents have claimed.
The Enhanced Defence Cooperation Agreement (EDCA) is a treaty between the United States of America and the Philippines, signed on April 28, 2014 in Manila which paves the way for the increased presence of American troops in the Philippines and gives them wider access to military bases
In the government’s comment, Hilbay said the agreement is within President Aquino’s power to protect the nation as commander-in-chief, chief executive and chief architect of foreign policy.
“The President, through the (Department of National Defence), entered into the EDCA to perform his primary constitutional duty to promote national security interests. The President, as head of State and chief representative of government, has the ‘prime duty to serve and protect the people’,” read the comment.
Hilbay said EDCA did not require Senate concurrence as it would implement and enhance the Mutual Defence Treaty and the Visiting Forces Agreement.
It was necessary in addressing external and internal security to achieve “a minimum credible defence to the manifold security concerns in the West Philippine Sea,” he added.
Hilbay said the government would rely on EDCA to shore up the Armed Forces’ capabilities in humanitarian assistance and disaster relief (HADR). Hilbay said petitioners against EDCA had no legal standing to seek relief from the SC since only incumbent senators may raise the issue of alleged lack of Senate concurrence.
“There is a difference between political posturing and legal argument. Whether the EDCA is ‘highly disadvantageous to the Philippine government’ or ‘lopsided in favour of the (US)’ is not a legal question that can serve as a basis for a sound legal argument.”
Anti-EDCA petitioners former senators Rene Saguisag and Wigberto Tañada asked the SC to issue a temporary restraining order (TRO) against EDCA.
Bayan Muna Representatives Neri Colmenares and Carlos Zarate, and the Kilusang Mayo Uno (KMU) and Confederation for Unity, Recognition and Advancement (Courage) also filed two similar petitions.
The petitioners alleged that EDCA violates provisions on national sovereignty, territorial integrity and interests, freedom from nuclear weapons and autonomy of local government units.
The Philippine Star
