EDCA is an agreement between the Philippines and the United States which is envisioned to advance the implementation of the PH-US Mutual Defense Treaty. The EDCA is designed to promote between the Philippines and its defense treaty ally the United States the following: Interoperability, Capacity building towards AFP modernization, Strengthening AFP for external defense, Maritime Security, Maritime Domain Awareness, Humanitarian Assistance and Disaster Response. These will take place in designated areas within a few AFP bases to be agreed upon by both Parties.[1]

Divergent views have been expressed regarding the signing of the Enhanced Defense Cooperation Agreement (EDCA). One praises the commitment by the United States to come to the defense of the Philippines in case of an attack by a foreign aggressor, presumably against future threats of domination by the People’s Republic of China. The other views the one-sidedness of the agreement in favor of the US. A third view looks at turning to the Supreme Court for a decision on whether the agreement is unconstitutional, and should it find so, the agreement may have to be amended.[2]

Vice-President Jejomar C. Binay looks at the new cooperation agreement as not only deterring aggressors and providing a quick mechanism to disasters but will also help the Philippine government achieve its goal of improving the lives of the Filipino people. Through the EDCA, we have effectively upgraded our own security platform, without shifting a significant portion of our limited resources to support an arms race and procure weapons systems that exceed our normal defense requirements.[3]

With regard to constitutionality, EDCA requires concurrence by the Senate similar to that of the Visiting Forces Agreement (VFA). The EDCA is an amendment or revision of the VFA. It expands the presence of American troops and even military facilities. Troop rotation means perpetual presence. But whether EDCA is a new Agreement or an amendment to VFA, Senate concurrence is required[4]

No treaty or international agreement shall be valid unless concurred in by at least two-thirds of all the Members of the Senate.[5] Assuming that the EDCA is not a separate treaty, it appears to be covered by the phrase “international agreement” contemplated by the Constitution. After all, the EDCA is really an agreement that is what the “A” in EDCA stands for.[6]

But despite of all the controversy surrounding the EDCA, I’m still in favor of its application in the Philippines, because EDCA will truly help our country specially in our own protection and we all know that our country lacks in military support. I believe that this agreement will be faithfully and peacefully executed as its preamble refers to the obligations of the Philippines and the United States, under both the Charter of the United Nations and the MDT, to settle international disputes by peaceful means, not to endanger international peace and security, and to refrain from the threat or use of force in any manner inconsistent with the purposes of the United Nations.

[1] Agreement between the Republic of the Philippines and the Government of the United States of America on Enhanced Defense Cooperation

[2] FROM THE STANDS By Domini M. Torrevillas (The Philippine Star)

[3] Banyan Tree Leadership Forum at the Center for Strategic and International Studies (CSIS) in Washington D.C.

[4] Id.

[5] Section 21, Article VII of the 1987 Constitution