2 PROBES ON EDCA | Miriam to do separate inquiry on PH-US defense pact's constitutionality

From InterAksyon (May 9): 2 PROBES ON EDCA | Miriam to do separate inquiry on PH-US defense pact's constitutionality

Senator Miriam Defensor-Santiago, who chairs the Senate Committee on Foreign Relations, will conduct her own inquiry into the constitutionality of the Enhanced Defense Cooperation Agreement (EDCA), separate from a planned hearing called by the defense panel chairman, Senator Antonio Trillanes IV.

Santiago sent Trillanes a letter Friday to announce her intent, days before Trillanes - who chairs the defense and national security panel -  was to open an inquiry into the legality of EDCA under the Mutual Defense Treaty and Visiting Forces Agreement.

Trillanes earlier filed a separate resolution asking his panel to look into the legality of the recently signed agreement between the Philippines and the United States amid questions raised by legal luminaries, including some of the former senators who voted in 1991 to end the bases treaty.

In his Resolution No. 623, Trillanes noted that the signing of the pact was followed by a clamor from the public, including several legislators, for a clarificatory review and/or briefing on the coverage and content of the defense agreement and its operational details.

“There appears to be an imperative need to review the EDCA in order to clarify its coverage and contents as well as the extent of the strategic military relationship between the US and RP under the said agreement in order to promote transparency in this regard,” Trillanes said.

Santiago: focus on constitutional issues

However, Santiago said even without the resolution, her committee can conduct on its own an inquiry, under the Senate Rules, on the constitutional issues of the defense pact.

“As the chair of the Senate Committee on Foreign Relations, I am allowed by the Senate Rules of Procedures Concerning Inquiries in Aid of Legislation to hold a public hearing on the EDCA, without the need of a Senate resolution. I intend to do so,” Santiago said.

In order that their committee hearings on EDCA will not overlap, Santiago recommended a division of labor: the Trillanes committee will inquire into the military and political strategy involved; the foreign relations panel will inquire into the constitutional issues.

“I shall duly inform you of the date for the Foreign Relations hearing as soon as my Chronic Fatigue Syndrome allows me to do so,” Santiago said.
Santiago said that aside from violating 1959 Vienna Convention on the Law of Treaties under Article 46, she cited the three constitutional provisions that militate against the EDCA:

First, the provision that: “No treaty or international agreement shall be valid and effective unless concurred in by at least two-thirds of all the Members of the Senate.”  (Constitution, Art. 7, Sec. 21)

Second, the provision that: “After the expiration in 1991 of the Agreement between the Republic of the Philippines and the United States of American concerning Military Bases, foreign military bases, troops, or facilities, shall not be allowed in the Philippines except under a treaty duly concurred in by the Senate.”  (Constitution, Art. 18, Sec. 25)

Third, the provision that: “The Philippines, consistent with the national interest, adopts and pursues a policy of freedom from nuclear weapons in its territory.” (Constitution, Art. 2, Sec. 8)

Recently, the Senate plenary session on first reading assigned the topic of the EDCA to the defense committee as the primary committee; and to the foreign relations committee, as the secondary committee.

“However, instead of attending the joint hearings of the two committees, I have decided to hold my own separate committee hearing.  Under the Senate Rules of Procedure Governing Inquiries in Aid of Legislation, my committee is allowed to initiate an investigation by itself, as long as the subject matter – which is an international agreement – is within the committee’s competence,” Santiago said.

http://www.interaksyon.com/article/86451/2-probes-on-edca--miriam-to-do-separate-inquiry-on-ph-us-defense-pacts-constitutionality