The Philippines could not fully enforce a new defense agreement with the US allowing large numbers of American troops to gain temporary access in local military camps until the Supreme Court resolves petitions to junk the accord, Manila’s envoy to Washington said Friday.
In an interview, Ambassador Jose Cuisia said he was unaware how the pending petitions before the high court could affect the implementation of the accord, called Enhanced Defense Cooperation Agreement (EDCA), but added the government respects the cases that have been filed against it.
"We can not fully enforce the agreement...because it is being questioned," Cuisia said in an interview at the Department of Foreign Affairs.
There are currently three petitions filed questioning the constitutionality of the EDCA: the one filed by former Senators Rene Saguisag and Wigberto Tañada, another by the Bagong Alyansang Makabayan, party-list lawmakers from the "Makabayan" bloc, and former solons, and the third by the Kilusang Mayo Uno (KMU) and the state employees’ union Confederation for Unity, Recognition and Advancement of Government Employees (Courage).
Incidentally, President Benigno Aquino III is facing an impeachment complaint before the House of Representatives over the EDCA.
The EDCA was signed by the Philippines and US after eight months of negotiations.
It is a 10-year defense pact that will allow an enlarged rotational presence of American troops in the country. Under the agreement, US military personnel will have access to designated Philippine military facilities, the right to construct facilities, and the right to pre-position equipment, aircraft and vessels.
Philippine officials hoped EDCA can deter increasing Chinese assertion and presence over disputed South China Sea territories as it builds up the defense capability of its cash-strapped military.
China, which had long opposed any involvement of foreign countries, particularly the US, in the dispute, repeatedly warned Washington to keep out of the territorial row.
Although not a party to the sea disputes, the US has declared that it is in its national interest to ensure unfettered access to the sea and that conflicts are resolved peacefully.
“I am not a lawyer so I don’t know the technicalities of what can be done while the case is being heard by the Supreme Court,” Cusia said, “but we don’t want to give the impression that we are not respecting the fact that there is a case filed."
Even the US, he noted, can’t do much until the petitions against the EDCA are decided on by the high tribunal.
“Until we put it into force then we can not really see any movement,” Cuisia said.
The envoy expressed hope a ruling will be handed down quickly for the sake of national interest.
“We’d like to be able to build up the capacity, the minimum credible defense posture as early as possible," Cuisia said. “Definitely it is to our interest that it be resolved one way or the other.”
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