THE Supreme Court on Tuesday upheld its Jan. 12 decision declaring the Enhanced Defense Cooperation Agreement between the Philippines and the United States as constitutional.
Voting 9-4, the justices denied separate motions for reconsideration fired by former senators Rene Saguisag and Wigberto Tañada, who were among the 12 senators who voted to eject the US military bases in Subic in 1992; the Kilusang Mayo Uno and Bagong Alyansang Makabayan (Bayan), and several other party-list groups.
Court spokesman Theodore Te said the tribunal ruled that the petitioners failed to raise new arguments that would warrant a reversal of their decision.
The Court also reiterated that the entry of US troops under Edca had long been authorized under the Visiting Forces Agreement and the Mutual Defense Treaty.
In January, the Court held that Edca was an executive agreement that did not need to be ratified by the Senate.
The justices also said the Constitution allows the President to enter into an executive agreement on foreign military bases, troops, or facilities as long as it merely intends to implement an existing law or treaty such as the MDT and the VFA.
The Court said it could not prevent the President from choosing an executive agreement over a treaty to embody an international agreement.
“In the field of external affairs, the President must be given a larger measure of authority and wider discretion, subject only to the least amount of checks and restrictions under the Constitution,” the Court said.
In denying the motions for reconsideration, the Court held that the petitioners arguments “fell flat” before the government’s legal position that Edca merely implemented the VFA and MDT.
“Reading the VFA along with the long-standing Mutual Defense Treaty led this Court to the conclusion that an executive agreement such as the Edca was well within the bounds of the obligations imposed by both treaties,” the Court said.
In their motions for reconsideration, the petitioners said the Court erred when it ruled that Edca was not a treaty but a mere executive agreement that does not need the approval of the Senate.
The petitioners insisted that the people, through the Senate, should be represented in the discussion of foreign military presence in the country.
The petitioners also maintained that the Constitution clearly prohibits foreign military bases in the country and that the government committed a grave abuse of discretion when it entered into the agreement that constitutes a “derogation of the country’s dignity and an unconscionable sellout of sovereignty.”
Responding to the petitioners arguments, the Court said: “Unfortunately, the Court’s only concern is the legality of Edca and not its wisdom or folly; their remedy clearly belongs to the executive or legislative branches of government.”
Militant groups on Tuesday called on President Rodrigo Duterte to terminate Edca as they assailed the Supreme Court ruling on the issue.
“We are outraged that on the day US Secretary of State John Kerry is scheduled to visit the Philippines, the SC saw it fit to declare with finality the constitutionality of the Edca,” Renato Reyes, Bayan secretary general told the Manila Standard.
“We call on President Duterte to assert national interest and terminate the Edca because it is a lopsided agreement. Duterte does not need Edca to assert our national interest in the West Philippine Sea. There is already a ruling by the PCA [Permanent Court of Arbitration]. He need not seek the involvement of the US and further escalate tensions in the region.”
Bayan also said since the Supreme Court has ruled that Edca is an executive agreement, it was within Duterte’s power to terminate it.
But the Palace welcomed the Court ruling and called on all groups to respect the decision.
“The Supreme Court is the final arbiter of our nation’s disputes. The court of last resort has spoken: The Enhanced Defense Cooperation Agreement is constitutional,” Communications Secretary Martin Andanar said in a statement.
“The Supreme Court’s decision upholding Edca’s legality hopes to increase the interoperability of our armed forces and contribute to its modernization. We likewise remain confident that through this military cooperation we would improve our joint humanitarian assistance and disaster relief efforts,” he added. With John Paolo Bencito