Miriam Santiago insists EDCA a new treaty that Senate must ratify

From InterAksyon (Dec 1): Miriam Santiago insists EDCA a new treaty that Senate must ratify

Insisting that the Senate is the only treaty-ratifying entity under the Constitution, Senator Miriam Defensor–Santiago said Monday she will file a resolution expressing the sense of the Senate about its concurrence and ratification first being obtained in the Enhanced Defense Cooperation Agreement (EDCA).

The Palace position is weak and all its citations are obsolete, said Santiago, who chairs the Senate foreign relations committee and is a known international law expert.In a press briefing after conducting the first hearing on the constitutionality of EDCA, Santiago said the agreement as it stands cannot be the implementing treaty of the Mutual Defense Treaty (MDT) passed by the Senate in 1951 and must be treated as a new agreement which the Senate is constitutionally mandated to  ratify or reject.
“We will pass a resolution to express the sense of the Senate about the failure of the President to endorse the EDCA to the Senate for concurrence and ratification. We are extremely disappointed that this has not been done because that is the constitutional procedure described in our Constitution,” Santiago said.

'Palace position on EDCA totally weak'

Santiago observed that the position of the Palace in defending EDCA is totally weak because all of its citations are obsolete.
“My goodness, the Mutual Defense Treaty [is so old]. . . . It is over 50 years old. How can a treaty in 2014 be the implementation of a treaty made as far back as 1951? They are stretching it too far,” Santiago said.

Santiago said that since the Supreme Court prohibits the Senate from compelling the President to send EDCA for its concurrence, the Senate foreign relations committee will file its resolution to enlighten the Executive Department on its constitutional powers to ratify treaties.

“So, as a result of the proceedings this afternoon . . the foreign relations committee will issue the sense of the Senate resolution hoping it will enlighten" people; manifest before the Supreme Court the attitude of the Senate as a collective body; and convey to the President "the sense of commitment of various senators to the EDCA," Santiago said.
During the hearing she chaired, former UP Law Dean and international law expert Merlin Magallona described as a total absurdity the notion that the EDCA is an implementing treaty of an implementing treaty.

Pia Cayetano: backs chair's position

With this, Senator Pia Cayetano supported Santiago’s position, saying that as the Senate cannot compel the President to submit EDCA for ratification, the Upper Chamber can take a position on its sense as a whole body.

“I stand with the position of the chair that we cannot compel the President to transmit the document to us. But, we can take a position on how we feel about as a Senate body,” Cayetano said.

Cayetano also argued that the EDCA cannot be the implementing treaty of another treaty since it   introduced new terms including utilities, free franchise for telecommunications. “These terms are not present in the VFA.”

“Article 4, supplies of equipment and materials - we already authorized the US to enter their supplies, and the document already gets the authorization so say that this is implementing treaty of VFA. But, no, this is new,” Cayetano said.

Meanwhile, Santiago said that there is nothing in the EDCA which can be used by the country to defend itself from any foreign aggression, including Chinese encroachment on its territory.

Santiago cited an instance when Obama was asked if he will defend Japan from Chinese aggression over the disputed island south of Tokyo, and Obama said yes. However, when asked whether America will come to the Philippines' defense in case of a similar action by China over Ayungin Shoal, Obama said no, according to Santiago.  

“Tinanong si Obama na ikaw ba makikipag-giyera galling sa America kapag inatake ang mga islands na ito. Sabi nya opo,” Santiago said.

However, when asked about the Chinese aggression on Ayungin Shoal and other islands in the West Philippines Sea, Obama supposedly stated that he will not defend the country.

“Pero, tinanong siya na ikaw ba makikipag-giyera bilang pinuno ng America kapag  inatake ng China ang Pilipinas, sabi nya hindi,” Santiago said.

“It is clear now that we will not gain anything from EDCA and there is nothing in EDCA that stipulates what kind of help they can give us. Sure, they helped us after typhoon Yolanda but now, they are telling us that EDCA should already be in force,” Santiago added, speaking in Filipino.

EDCA in effect already?

Santiago asserted that EDCA can only be effective and valid if the Senate ratifies the treaty, but it was shocking to note the agreement was in effect even before it was questioned in the Supreme Court.

“And what shocked everybody during the proceedings in the Supreme Court [is the information] that EDCA is actually in effect. Because wala na palang kailangan pa, kapag sinabi sulatan doon na kung sino ang nagpirma doon, pirmahan na sila. In effect na kaya walang pakialam ang Senado, balewala na kami,” Santiago said.
Santiago said  the secret negotiation entered into by the Executive Department on EDCA could be a precedent, since the Palace can now sign an international treaty without the concurrence and ratification of the Senate, as the Constitution requires.

“Kaya nakakagimbal ito baka kasi gagawin na lamang ulit nila ito; balewala na pala ang Senado.  May partisipasyon ang Senado kasi kami ang kinatawan ng mamamayan. Kung ganito ito, e puwede na palang makipag-ugyan o makipag-treaty ang Pilipinas sa ibayong bansa na hindi kinokonsulta ang taumbayan sa pamamagitan ng Senado,” she said.

"Yan ang point na sinasabi natin sa EDCA, it should pass the Senate. The administration should have the bravery to consult the Senate on what is the feeling of the Senate about the treaty,” Santiago added.

http://www.interaksyon.com/article/100286/miriam-santiago-insists-edca-a-new-treaty-that-senate-must-ratify