2nd petition vs EDCA filed with SC

From InterAksyon (May 27): 2nd petition vs EDCA filed with SC

A second petition challenging the constitutionality of the Enhanced Defense Cooperation Agreement between the Philippines and US was filed before the Supreme Court on Tuesday.

The petitioners include the Bagong Alyansang Makabayan, National Artist for Literature Bienvenido Lumbera, director Joel Lamangan, nationalist Renato Constantino Jr., and representatives from the Makabayan bloc in the House of Representatives -- Neri Colmenares and Carlos Isagani Zarate of Bayan Muna, Luzviminda Ilagan and Emi de Jesus of Gabriela Womens Party, Antonio Tiono of ACT Teachers, Fernando Hicap of Anakpawis and Terry Ridon of Kabataan.

(Click here to read the full petition)

The petition was filed on the 15th anniversary of the Senate’s ratification of the Visiting Forces Agreement with the US. The government insists that the EDCA, which allows increased US military presence in the country and the free use by the foreigners of military facilities, is covered by the VFA and other existing defense treaties and therefore does not need to be ratified.

On Monday, former Senators Rene Saguisag and Wigberto Tanada -- among the “Magnificent 12” who voted to kick out US military bases from the country -- filed the first petition against the EDCA along with former University of the Philippines President Dr. Francisco “Dodong” Nemenzo Jr., former UP College of Law dean Pacifico Agabin, Sister Mary John Mananzan, lawyer Steve Salonga, son of former Senate President and Magnificent 12 leader Jovito Salonga, lawyers Harry Roque, Evalyn Ursua, and Edre Olalia, Dr. Carol Pagaduan-Araullo, Dr. Roland Simbulan, and former Bayan Muna Rep.Teddy Casino.

The petition for certiorari and prohibition filed Tuesday asked the high court to stop the implementations of EDCA for being unconstitutional and, contrary to the claims of Malacanang and the Defense and Foreign Affairs departments, is primarily motivated by the US strategic rebalancing towards Asia and therefore in the service of US security and economic interests, not the Philippines’.

“The text and subtext of the arguments in this petition are openly directed at the subservience of the Philippine government to the blatant and outright prevarications and lies that US interests have peddled for more than a century now. The arguments at their core consists of the reality of trampled sovereignty and subordinated, nay, subjugated, Philippine public interests,” the petition said.

Named respondents are Executive Secretary Paquito Ochoa, Defense Secretary Voltaire Gazmin, Foreign Affairs Secretary Alberto del Rosario, Armed Forces chief of staff General Emmanuel Bautista, and the Philippine panel that negotiated the EDCA.

The petition said by entering into the EDCA, the respondents effectively waived the country’s sovereignty, an act “so gross that it constitutes a derogation of our country’s dignity and an unconscionable sellout of our sovereignty."

Aside from this, the petition said provisions of the agreement, such as the free use of military facilities by the US, the tax exemptions for US forces and their contractors, and the 10-year extension for the pact, are disadvantageous to the Philippines.

It added that the EDCA robs the high court of its judicial power over any criminal, civil or administrative charges committed by US forces while they are in the country.

The petitioners also said the agreement paves the way for the violation of the constitutional prohibition on nuclear weapons.

“While there is a provision in the EDCA that prepositioned materials in the country shall not include weapons of mass destruction, including nuclear weapons, it does not expressly prohibit nuclear weapons” that may be onboard American warships and aircraft.

Nor is there any guarantee the EDCA will lead to the modernization of the Armed Forces, considered the worst equipped military force in the region.

http://www.interaksyon.com/article/87720/2nd-petition-vs-edca-filed-with-sc