EDCA: History in Repetition

The United States of America and the Republic of the Philippines has a very good relationship. This started when our country has been colonized by the United States. In the maintenance of the good relationship, several agreements and treaties has been signed by the chief executives of both countries. Included in the list are Visiting Forces Agreement (VFA) and the Enhanced Defense Cooperation Agreement (EDCA). Our security relationship with the US roots to the 1951 U.S.-Philippines Mutual Defense Treaty (MDT).

US has conducted several joint military exercise together with our armed forces under the VFA. These exercises were done from Ramos to Arroyo Administration. The Constitutionality of the VFA was first questioned in Bayan v Zamora where the Supreme Court upheld its constitutionality. In 2005, we are awakened of the news that a Filipina was raped by some members US Marines in a van in Subic. With this event, the constitutionality of the VFA was again questioned and again was upheld by the Supreme Court.

During President Obama's visit to the Philippines earlier this year, EDCA was signed by the Philippine Defense Secretary, Gazmin, and U.S. Ambassador to the Philippines, Goldberg. EDCA allows the US to station troops and operations, but is not allowed to establish a permanent base, on Philippine territory. Last month, Jeffrey "Jennifer" Laude, a Filipino transgender was found dead in a motel in Olongapo. She was allegedly killed by Private First Class Joseph Scott Pemberton, a member of the US troop that is stationed in Subic Bay Naval Base. The US troops are here for the regular military exercises. With the death of Laude, several advocates are questioning the constitutionality of EDCA and some are even blaming EDCA for her death.

In my stand, what happened to the Nicole and Laude can happen even without the VFA or the EDCA. It should be remembered that there is really misfortune. As what William James said, "Acceptance of what has happened is the first step to overcoming the consequences of any misfortune".

With regard to the question of constitutionality of the EDCA, the issue is not with what the substance is but if it is a new treaty just an implementing agreement of the Mutual Defense Treaty of 1951. If it is a new treaty, ratification of the 2/3 of the Congress is needed. The decision now lies on the Supreme Court.