Wednesday, February 3, 2016

Groups appeal SC ruling on EDCA

From the Daily Tribune (Feb 4): Groups appeal SC ruling on EDCA

Petitioners challenging Malacañang’s latest agreement with the United States for military cooperation in the country have asked the Supreme Court (SC) to reconsider its decision upholding the pact known as the Enhanced Defense Cooperation Agreement (EDCA).

In their 82-page motion for reconsideration the petitioners led by the left leaning Bagong Alyansang Makabayan (Bayan), among other things, said the agreement,contrary to popular belief, does not provide a counter balance to the encroachment by mainland China on Philippine territorial waters.

“EDCA will not defend the Philippines against an armed attack by China. This was categorically stated by US Ambassador to the Philippines Philip Goldberg when he was interviewed after the release of the Decision on EDCA by the Honorable Court,” the petitioners said in their appeal.

Quoting news reports on Goldberg,  Bayan’s lawyers cited that Goldberg has clarified that the disputes in the South China Sea are not covered by EDCA.

“EDCA isn’t directly related to the South China Sea issues. It’s about the United States helping its ally, the Philippines, as it goes about building a minimum credible defense,” Goldberg was quoted by the petitioners adding that in case of a “shooting war” due to the sea disputes, the envoy said that the US will be ready to abide by the Mutual Defense Treaty that it signed with the Philippines in 1951.

“Certainly, this is so because there is nothing in EDCA that assures automatic US involvement in an armed conflict between the Philippines and China.”the petitioners said adding that since  the largest foreign holder of US debt is China, which owns more about $1.2 trillion in bills, notes and bonds,
according to the US Department of Treasury, adding that under such a scenario it would make it very unlikely for the US to go to war against China.

The group added that an agreement like EDCA that derogates the Constitution and various laws and international law principles should be struck down for being unconstitutional.

The petitioners cited EDCA’s  silence on its compliance on the Philippine constitution’s ban on nuclear weapons.

The group said that Article IV, par. 6 of the EDCA does not prohibit nuclear weapons. It merely provides that nuclear weapons will not be among the prepositioned materiel and that nowhere in the EDCA is it provided that warships and aircrafts carrying nuclear weapons are absolutely barred from Philippine territory.

http://www.tribune.net.ph/nation/groups-appeal-sc-ruling-on-edca

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