EDCA’s fate lies with SC — Palace

From the Daily Tribune (Jun 19): EDCA’s fate lies with SC — Palace

Malacañang yesterday left at the hands of the Supreme Court (SC) the determination of the Enhance Defense Cooperation Agreement’s (EDCA) validity, as the measure is left with another debacle after 13 senators recently signed a draft resolution saying that Senate ratification of the pact is needed, assailing its form as a treaty.

Presidential Communications Secretary Herminio Coloma Jr., in a statement, said that the defense agreement between the United States and the Philippines will be left to the high tribunal, pointing out Sen. Miriam Defensor-Santiago’s statement that the document will be submitted to the high court if adopted by the Senate.

“Issues regarding the EDCA are still pending resolution before the Supreme Court…. Accordingly, we will wait for the decision of the Supreme Court on the EDCA,” Coloma said.

Santiago drafted the Senate resolution, which is scheduled to be filed this week as signed by majority of Senators, stating that EDCA is “invalid and ineffective” unless submitted to the Senate for concurrence, as treaties, according to the Constitution, shall not be valid or effective “unless concurred in by at least two-thirds of all the members of the Senate.”

The position of Malacanang on the military agreement between Manila and Washington was that its implementation is only in line with fulfilling earlier pacts entered by the Philippine government with the Federal government, namely the Mutual Defense Treaty (MDT) and the Visiting Forces Agreement (VFA).

Critics have earlier questioned EDCA’s adherence with the Constitution, tagging the pact as in violation of the country’s sovereignty as it gives US troops wide access to local military bases and approval to build facilities to store fuel and equipment for maritime security.

Militant solons and other groups challenged its constitutionality in the SC last year, shortly after the 10-year defense pact was inked which allows an enlarged rotational presence of American troops in the country.

Through EDCA, US forces will be authorized to train, refuel aircraft and pre-position their supplies within the Philippine territory with the permission of the government. However, specifics on the facilities involved are yet to be agreed upon by both parties which was the point of argument of those seeking it to be junked.

http://www.tribune.net.ph/nation/edca-s-fate-lies-with-sc-palace