EDCA as an implementing treaty (VFA) of an implementing treaty (MDT) is absurdity - Dean Magallona

From InterAksyon (Dec 1): EDCA as an implementing treaty (VFA) of an implementing treaty (MDT) is absurdity - Dean Magallona

The argument of the Department of Foreign Affairs that the Enhanced Defense Cooperation Agreement with the United States is an implementing agreement of the Visiting Forces Agreement, which is also the implementing agreement of the Mutual Defense Treaty is an “absurdity,” said an international law expert Monday.

“An Implementing treaty of an implementing treaty of an implementing treaty is an absurdity,” said Merlin Magallona, former dean of the University of the Philippines’ College of Law, at the Senate hearing on EDCA.

He also argued that there is a clear “discontinuity” between EDCA and MDT, particularly after the expiration in 1991 of the Military Bases Agreement between the two countries.

Tagging as an executive agreement the accord that allows for rotational presence of US forces in the country is, Magallona said, meant to put it beyond the reach of the Senate - vested by the Philippine Constitution with the power to allow foreign military bases, troops, or facilities in the country as long as  it concurs in a treaty providing so.

“The Senate concurrence is the constitutional device by which the treaty is saved from said constitutional prohibition (against foreign military forces in the country),” he said.

EDCA is also “contrary and incompatible” to the respective self-defense clauses of the United Nations Charter and the Philippine Constitution, Magallona said.

Self-defense, he said, is a state obligation and responsibility.

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