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Sunday, May 12, 2024

Edca, Junjun cases high on SC agenda

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The controversial Enhanced Defense Cooperation Agreement and the petition of dismissed Makati Mayor Jejomar Erwin   “Junjun” Binay Jr. will be high  on  the agenda of the Supreme Court when it resumes its en banc session today.   

An   insider disclosed that both cases have been included in the   long list of cases that the justices will  take up during the resumption of  their full court session.   

The two main petitions against EDCA were filed in May last year by a   group led by former Senators Rene Saguisag and Wigberto Tañada and   militant lawmakers led by Bayan Muna Representatives Neri Colmenares   and Carlos Zarate. Two other similar petitions were filed by Kilusang   Mayo Uno  and Confederation for Unity, Recognition and Advancement and the family of slain transgender woman Jeffrey “Jennifer” Laude in June and November last year, respectively. 

The EDCA case was heard by the high court in a series of oral arguments in November   last year and had been lined up for resolution since December last year. 

Petitioners argued that EDCA violates provisions on national   sovereignty, territorial integrity and interests, freedom from nuclear   weapons and autonomy of local government units in the charter.   

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They insisted that EDCA is a treaty—not merely an executive   agreement as Palace has claimed —which needs concurrence of the   Senate before it could be implemented.

Solicitor General Florin Hilbay, as counsel for the state, asserted that the agreement is a valid executive agreement that could stand   even without the concurrence of the Senate.

Under the EDCA, the US will be allowed to build structures, store as   well as preposition weapons, defense supplies and materiel, station   troops, civilian personnel and defense contractors, transit and   station vehicles, vessels, and aircraft for a period of 10 years.   

It was signed by officials of both countries hours before American   President Barack Obama arrived in the country for his two-day state   visit last   April 28   and 29.   

Just like the case on EDCA, the petition filed by Ombudsman   questioning orders of the Court of Appeals stopping its first   preventive suspension order against Mayor Binay has also been   submitted for resolution.   

Jejomar Erwin “Junjun” Binay Jr.

In her petition last March, Ombudsman Conchita Carpio-Morales   assailed the temporary restraining order and writ of preliminary   injunction issued by the CA stopping her suspension order against Binay in connection to alleged anomaly in the Makati City Hall Building 2 project.   

The SC heard the case in oral arguments during summer session in   Baguio City last April before four justices inhibited —Associate   Justices Presbitero Velasco Jr., Diosdado Peralta, Arturo Brion and   Francis Jardeleza.   

The case involves the power of the CA to stop Ombudsman orders and the   condonation doctrine, which condones administrative offenses   previously committed by officials upon election.

Last month, the Ombudsman already ordered the dismissal from service of Mayor Binay over the controversy. 

On an administrative matter, the high court is also expected to tackle   today the request for early retirement of Associate Justice Martin   Villarama Jr.

Villarama was supposed to retire on   April 14   next year when he reaches   mandatory retirement age of 70. But in his letter to Chief Justice Ma.   Lourdes Sereno, the magistrate requested to avail of optional retirement effective   Jan. 16, 2016   due to “deteriorating health   condition.”

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