EDCA can stand legal scrutiny - Palace

From InterAksyon (May 4): EDCA can stand legal scrutiny - Palace

As the Senate prepares to hear arguments for and against the Enhanced Defense Cooperation Agreement (EDCA), Malacañang on Sunday expressed confidence that the accord signed between officials of the Philippines and the United States can withstand legal scrutiny in the Supreme Court.

Presidential Communications Operations Office Secretary Herminio Coloma made the statement as militant lawmakers in the House of Representatives were reported preparing to question the legality of the agreement before the High Court. And in the Senate, members have called in resource persons from both sides of the debate in a bid to hearings next week  amid concerns that the chamber vested by the Constitution with treaty-ratifying powers had shirked its responsibility and allowed the Executive branch to have  absolute say on the EDCA, which critics insist is a new treaty.

"We respect the opinion of those who do not agree with us. Our democratic system provides for steps that they may take, including seeking relief from the Supreme Court. It is best to wait if that will happen," Coloma said Sunday at the regular briefing with reporters.

The basis for Coloma’s confidence that EDCA can hurdle scrutiny is the government assertion that "in the entire process of the negotiations with the United States, the only consideration of the Philippine panel was no other than the national interest of  the Philippines."

5 key features

Coloma asked the public to try to first understand  the provisions of EDCA before rejecting the accord, signed by Defense Secretary Voltaire Gazmin and US Ambassador Philip Goldberg last April 28, just three hours before the arrival of US President Barack Obama.

Coloma  disputed Senator Joker Arroyo’s position that the Aquino administration skirted the Constitutional ban on foreign military bases through the EDCA.

"We respect the views of Senator Arroyo and other leaders on the EDCA. Consistent with the President’s guidelines, the agreement has the following main features:

1.   Clear provision that the US would not establish a permanent military presence or base in the Philippines.

2.   US access to and use of designated areas in Armed Forces of the Philippines-owned and –controlled facilities— known as the agreed locations—will be at the invitation of the Philippine government.

3.   Prior consent of the Philippines through the Mutual Defense Board (MDB) and Security Engagement Board (SEB) with regard to US access and use of agreed locations which may be lifted in an annex and further described in implementing arrangement.

4.   Philippines’ retention of primary responsibility for security of the agreed location.

5.   Access of the AFP base commander to the entire area of the agreed locations."

Coloma also reiterated that the EDCA does not need Congress ratification since it only builds upon the existing Philippines-US Mutual Defense Treaty.

http://www.interaksyon.com/article/86029/edca-can-stand-legal-scrutiny---palace