SC sets EDCA oral arguments for November 18

From InterAksyon (Oct 21): SC sets EDCA oral arguments for November 18

The Supreme Court (SC) on Tuesday scheduled for next month the oral arguments on the petitions questioning the constitutionality of the Enhanced Defense Cooperation Agreement (EDCA).

Atty. Theodore Te , the SC Public Information Office Chief, said the oral arguments will be held on November 18, although he explained that another date might be reserved by the High Tribunal if the initial hearing turns out to be insufficient to conclude the arguments.

The cases challenge the constitutionality of the Enhanced Defense Cooperation Agreement entered into between the Republic of the Philippines and the United States of America.

The first petition challenging the legality of EDCA was filed by former senators Rene Saguisag and Wigberto Tanada, followed by a similar petition by militant groups Bayan Muna, Gabriela, ACT Teachers party-list and several other individuals.

Named respondents in the petition are Executive Secretary Paquito Ochoa, Defense Secretary Voltaire Gazmin, Foreign Affairs Secretary Alberto del Rosario, then Armed Forces chief of staff Gen. Emmanuel Bautista, and the entire Philippine negotiating panel that came up with the EDCA.

The petitioners argued that the SC should stop the implementations of EDCA since it is unconstitutional and that, contrary to explanations raised by Malacanang and the Defense and Foreign departments, it is primarily motivated by the US strategic rebalancing toward Asia and, therefore, in the service of US security and economic interests more than Philippine interests.

They added that, by entering into EDCA, the respondents effectively waived the country's sovereignty, adding that what they have done "is so gross that it constitutes a derogation of our country's dignity and an unconscionable sellout of our sovereignty."

They also pointed out that, contrary to the claim of the respondents, EDCA is also disadvantageous to the country as it is full of provisions that run counter to Philippine national interest, such as the rent-free provisions and tax exemptions for US forces and their contractors, as well as the fact that the term of the agreement can be extended beyond 10 years.

Also, they added, there is no iron-clad guarantee that EDCA will not allow the entry of nuclear weapons in the country, since what it only prohibits is the prepositioning or storage of nuclear weapons but not the entry of US naval vessels and aircrafts carrying weapons of mass destruction.

Likewise, they said, there is no guarantee, contrary to repeated pronouncements by Malacanang and the Department of National Defense, that EDCA will help in the modernization of the Armed Forces of the Philippines, considered as the most ill-equipped military force in the region.
http://www.interaksyon.com/article/97686/sc-sets-edca-oral-arguments-for-november-18