Philippine court expected to decide US security deal as constitutional

From Business World (Nov 9): Philippine court expected to decide US security deal as constitutional

THE SUPREME COURT is expected to decide that a new US-Philippine security agreement is constitutional and will announce its ruling before US President Barack H. Obama visits Manila next week for an Asia-Pacific summit, a source said.



This aerial photograph taken from a military aircraft shows alleged ongoing reclamation by China on Mischief Reef in the South China Sea, west of Palawan, on May 11, 2015. -- AFP

The deal gives US troops wide access to Philippine military bases and approval to build facilities to store fuel and equipment for maritime security, but it was effectively frozen after left-wing politicians and other opponents challenged its constitutionality last year.

The expected ruling comes amid growing tension between the United States and China over Beijing’s island-building in the disputed South China Sea.

“I have seen the draft [ruling]. The court will uphold its constitutionality, denying the petition to declare it unconstitutional,” said a court source who declined to be identified.

The source said the Supreme Court’s 15-member panel still needed to discuss the matter on Tuesday. If no decision was announced at that session, it would happen on Nov. 16 when the court next convened, the source added.

Mr. Obama will attend the Asia-Pacific Economic Cooperation (APEC) summit in Manila on Nov. 18-19. The Enhanced Defense Cooperation Agreement (EDCA) was signed just days before he last visited Manila in April 2014.

Supreme Court Spokesman Theodore O. Te declined to comment. The court’s official announcement on EDCA is expected on Wednesday yet.

A senior government official told Reuters the government expected a ruling before the APEC summit. “I am very confident the Supreme Court will favor us,” said the official.

Last week, the court source had said the decision would likely come next year, but one Philippine political expert, Rommel Banlaoi, said the court probably acted to avoid political complications due to Philippine elections next May.

“The court is probably worried politicians will use EDCA as an election issue, so it made the decision now,” said Mr. Banlaoi.

“If the court decides the agreement is constitutional, it will be a big victory for President [Benigno S. C.] Aquino [III]. It cements the strong security alliance between the US and the Philippines.[”]

US-Philippine military ties are already robust, after a thaw in relations two decades ago when the Philippine Senate voted to end the lease on US military facilities in the central part of the northern main island of Luzon.

But in less than a decade, the Philippines entered into a visiting forces agreement that this time had the concurrence of the Senate. EDCA is seen as another step in the country’s securities ties with the United States, amid China’s increasing presence in the disputed South China Sea.

Philippine military officials say there has been an increase in US exercises, training and ship and aircraft visits in the past year under Mr. Obama’s “rebalance” to Asia.

But the EDCA would take the relationship a step further, partly by giving US forces broad access to the Philippines. -- Reuters

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