SENATORS on Tuesday agreed with Sen. Miriam Defensor-Santiago that the Enhanced Defense Cooperation Agreement the government forged with the United States to allow American troops access to Philippine military bases is a treaty requiring the concurrence of the Senate.
Voting 15-1-3, the senators approved Santiago’s resolution as the Supreme Court postponed its vote on the constitutionality of the agreement, which was supposed to take place on Tuesday, to Nov. 16.
Aside from Santiago, those who voted in favor of the resolution were Senators Sonny Angara, Nancy Binay, JV Ejercito, Chiz Escudero, TG Guingona, Lito Lapid, Loren Legarda, Bongbong Marcos, Serge Osmeña, Koko Pimentel, Grace Poe, Ralph Recto, and Cynthia Villar.
The 15th vote came from Sen. Pia Cayetano, who was not at the session hall during the vote, but later manifested that she is voting in the affirmative. Only Sen. Sonny Trillanes voted against the resolution.
Under the same premise, Senate President Frank Drilon and Sen. Juan Ponce Enrile abstained.
The senators’ vote formalizes Senate Resolution No. 1414 as the Senate’s position on the question of the validity and effectivity of the Edca.
Santiago argued that “other than concurrence of the Senate, no authority expressly transforms a treaty into law,” and cited the Constitution’s treaty provision, Article 7, Section 21, which states:
“No treaty or international agreement shall be valid and effective unless concurred in by at least two-thirds of all the Members of the Senate.’’
The Supreme Court was set to vote on the Edca on Tuesday, but since two justices—Associate Justices Jose Mendoza and Arturo Brion—were on sick leave, the court decided to reset the voting to Nov. 16.
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 congressmen, led by Bayan Muna Representatives Neri Colmenares and Carlos Zarate.
Two other similar petitions were filed by Kilusang Mayo Uno and the Confederation for Unity, Recognition and Advancement of Government Employees (Courage) and the family of slain transgender woman Jeffrey “Jennifer” Laude in June and November last year, respectively.
The case was heard by the high court in oral arguments last November and had been up for resolution since December last year.
Petitioners alleged that EDCA violates provisions on national sovereignty, territorial integrity and interests, freedom from nuclear weapons and autonomy of local government units in the charter.
They also argued that EDCA is a treaty – not merely an executive agreement as the Palace has claimed – which needs concurrence of the Senate before it can be implemented.
Because of this, the groups said the agreement violates Section 25, Article XVIII of the Constitution, which requires that any foreign military bases, troops or facilities “shall not be allowed in the Philippines except under a treaty duly concurred in by the Senate.”
The government, through Solicitor General Florin Hilbay, asserted that the agreement is a valid executive agreement that could stand even without the concurrence of the Senate.
Reports had it that the high tribunal is set to uphold the constitutionality of the agreement, but SC spokesman Theodore Te stressed that nothing is certain until after the deliberations and voting of the justices on this case.
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 President Barack Obama arrived in the country for his two-day state visit on April 28 and 29 last year.