Pride Over Power (Matters Involving EDCA)

The primary argument of the petitioners is the procedural infirmity of the Enhanced Defense Cooperation Agreement (EDCA) because it has not been concurred by the Senate and in addition to that, petitioners claim that EDCA is grossly disadvantageous to the Philippines because it impairs the sovereignty of the country.

EDCA embodies a concept akin to the idea of Visiting Forces Agreement (VFA) which was declared as constitutional by the Supreme Court way back. In the matter at hand, the Supreme Court need not rule on EDCA’s unconstitutionality and shall transmit it to the Senate instead because it is a policy issue better left to the legislators.

The petitioners in this case have no locus standi to file the petition for they are not legislators. If any amongst the taxpayers, citizens, voters and legislators would petition for the constitutionality of EDCA, it shall be the legislators who shall have legal standing because their prerogative to legislate has been infringed. Furthermore, the Agreement has not been put into force yet, hence, not ripe for controversy to be addressed and so, concerned citizens and taxpayers invoking the doctrine of transcendental importance shall not be given legal standing absent any actual controversy. Consequently, the issue involves a political question rather than a justiciable one. Questions of policy shall be best left and specifically delegated to the legislative and the executive branch of the government.

Moreover, petitioners pray for the outright declaration of unconstitutionality of EDCA. The possibility of ruling that it be transmitted to the Senate for its concurrence is not even considered by the petitioners due to substantive grounds and impairment of sovereignty, hence, disregarding the presumption of constitutionality which is the general rule. As per recent oral argument, petitioners were not able to discharge the burden of proving EDCA's unconstitutionality in every respect. 

In sum, the petition lacks concurrence of all the requisites to qualify for judicial review. Furthermore, it is premature to rule on its unconstitutionality. This matter should be heard in a proper forum and be presented before the Senate for deliberation and for them to decide whether to concur or not.

EDCA may be favorable to the Philippines...or not. Philippines is not that much advanced and modernized when it comes to facilities and equipment warranted to defend itself in case of war or any foreign invasion. This agreement might be necessary to give aid to whatever the Philippines might eventually need in order to safeguard its territory and protect its people. 

The Agreement, after all, may be subject to renegotiation for the benefit of both parties prior to its implementation. In light of this, it would be appropriate to refer this matter to the Senate rather than for the Supreme Court to rule on its constitutionality.