THE Philippine Supreme Court on Tuesday, Jan. 12, upheld the constitutionality of an executive agreement between the Philippines and the United States that permits increased rotational presence of US military troops in the country.
In a 10-4-1 vote, the top court ruled in favor of the Enhanced Defense Cooperation Agreement (EDCA), which was signed by the Philippines and US in 2014 but was not implemented due to legal challenges. The agreement, which has a 10-year lifespan, also allows troops access to Philippine military bases. Furthermore, the US will be allowed to store and pre-position weapons, defense supplies, vessels, and aircraft, among other things.
The decision comes amid the ongoing dispute between the Philippines and China regarding conflicting claims in the South China Sea. It will also support US efforts to reassert its presence in Asia, The Associated Press (AP) reported. The US has also indicated it opposes China’s claims in the disputed territory, citing the need for freedom of navigation in the area, GMA News reported.
The Court’s ruling is based on Article 18, Section 25 of the Philippine Constitution, “which allows the president to enter in an executive agreement on foreign military bases if it is not an instrument that allows foreign military bases or it aims to implement existing law or treaty holding that EDCA is one such agreement,” Supreme Court spokesman Theodore Te said, according to GMA News.
Among those in agreement with the decision was the Department of Foreign Affairs, stating the Philippines and US can finalize the full implementation of an agreement that is key in efforts to bolster national security and disaster relief capabilities, according to AP.
“This decision bodes well for deepening our defense cooperation with a key ally,” and will “redound to improving our capability to perform our mandate to protect our people and secure the state,” said armed forces chief Gen. Hernando Iriberri, AP reported.
Washington welcomed the court’s ruling. In a statement, the US Embassy in Manila said the United States welcomes the high court’s decision and that it is a mutually beneficial pact and would strengthen the two countries’ bilateral relationship.
“We look forward to working closely with our Philippine partners on the implementation of this agreement,” the statement said.
The Court emphasized that the EDCA is an executive agreement, not a treaty requiring Senate concurrence. It added that the president has the option to select a form of agreement that is not a treaty, as long as it is not the principal agreement that first allowed foreign military bases, troops or facilities entry or presence in the Philippines.
“EDCA is not constitutionally infirm as an executive agreement,” Te said during a news conference following the ruling.
Opponents
Despite praise from advocates, the pact has faced opposition from groups and individuals who argue it is more beneficial to the United States than the Philippines. Other opponents, including Justice for Filipino Americans (JFAV), a nationwide alliance of Filipino World War II veterans organizations and community advocates, say the benefits of the court’s decision to uphold the agreement are “superficial” because it has “disturbed” the balance of powers between the branches of government.
“They are using the constitution against the constitution,” Arturo Garcia, national coordinator of JFAV, told the Asian Journal.
“They are circumventing the process because [EDCA] should be a treaty, not an executive agreement…. The US is not accountable to the Philippines because it’s a mere agreement – it’s not a treaty.”
Garcia added that the decision “reeks” of opportunism.
“We don’t have respect for the Supreme Court because they are subservient to foreign interests,” he said.
Left-wing activists in the Philippines said they would consider filing an appeal.
Opponents also said increasing US military presence would not address the Philippines’ concerns about China in the disputed territory.
“This is another sad day for Philippine sovereignty,” said left-wing activist Renato Reyes, who was among those who challenged the legality of the defense accord before the high court, according AP. “We maintain that the EDCA is not the solution to the problems of China’s incursions.”
Some, including former senators, filed petitions against the EDCA, but were denied by the Supreme Court.
One petition filed by former senators Rene Saguisag and Wigberto Tañada said that the terms and provisions of the EDCA were “lopsided in favor of the Americans.”
Another petition stated that the agreement would give the United States “carte blanche power to establish and operate de facto military bases anywhere on Philippine soil, minus the cost of paying for one.”
The Philippines has one of the weakest armed forces in Asia, GMA News reported, and has been heavily dependent on US military aid for weapons and training.
Officials on Tuesday declined to provide details regarding how soon the pact will be implemented, according to GMA News. The AP reported that the Philippine military said at least eight local camps have been designated as harboring areas for Americans, including some near the South China Sea and in areas susceptible to natural disasters.
