IT IS NOW OR NEVER

The EDCA is an agreement between the Philippines and the United States which is envisioned to advance the implementation of the Philippine-U.S. Mutual Defense Treaty (MDT). The EDCA is designed to promote the maritime security, strengthening AFP for external defense, humanitarian assistance and disaster response (HADR), maritime domain awareness, and modernization of AFP. These objectives re achieved through joint training exercises, such as the balikatan, and undertaking humanitarian assistance and disaster relief cooperation activities, e.g., during the aftermath of typhoon Yolanda.

The Philippines will surely benefit from EDCA primarily because the said agreement will help the Philippines boost its territorial and external defense by continuing to work its treaty ally in a mutual beneficial way in line with what is allowed in the Philippine Constitution. But is it really a “one-sided agreement”?  Not really. Obviously, EDCA shows that the Philippines is dependent on the U.S but EDCA allows the Philippines especially the Armed Forces of the Philippines (AFP for brevity) to improve not only its maritime defense but territorial defense as well. Moreover, the expanded US military presence in the country – along with the prepositioning of their ships and other defence assets – may be needed to defend the West Philippine Sea. Quoting Chief Justice Sereno, she said "In a situation where the West Philippine Sea becomes a theater of war, is that not, in fact, in the concept of self defense? If the prepositioning has been in consultation with the Philippines and we have to wait for how this mutual help is going to be really actualized. What those prepositioned materials can do, is to try to have inhibitory effects within a certain area. I believe that Palawan has already been announced as one of the envisioned agreed locations. Palawan is nearest Reed Bank and all the areas that we thought we can exploit economically for the benefit of the people.”

According to the Department of Foreign Affairs, EDCA is constitutional because EDCA provides the access and use of AFP facilities by the US military will be “at the invitation of the Philippines and with full respect for the Philippine Constitution and Philippine laws.” The constitutional provision which prohibits the establishment of “foreign military bases or facilities” in the country except under a treaty duly concurred in by the Senate does not apply to EDCA. The defining features of “foreign military bases” – extraterritoriality, exclusivity in use and foreign ownership – will not be applicable in the Agreed Locations.

On the other hand, the entry of US military troops for military exercises and other approved activities is already allowed under the PH-US Visiting Forces Agreement (VFA) which is a treaty concurred in by the Senate and upheld by the Supreme Court. The provisions of EDCA, an executive agreement, are consistent with the Philippine Constitution, laws, and jurisprudence.

Lastly, "Through EDCA, the Philippines will cooperate with its defense treaty ally in further strengthening their respective individual and collective defense capabilities. All Filipinos should unite in support for a stronger Philippines.”