Why we need EDCA?
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. [1] This
alliance with the United States is meant to strengthen our AFP and Maritime
Defense which is very timely and appropriate because of the present maritime
dispute our country is facing with China.
Recalling our country’s history
and relationship with the United States, we could agree that it has its ups and
downs but whenever our country was in trouble the United States had already
proven to honor its pact with our country. Now more than ever our alliance with
U.S.A will be strengthen with the completion of the EDCA.
However, no matter how
promising and beneficial EDCA will be for our military and maritime defense
there are groups who questioned the constitutionality of EDCA. They argued that the
EDCA by-passed senate concurrence and it violates the sovereignty and
territorial integrity of the Philippines.
According to the petitioners
the foregoing provisions of EDCA is clear that it is a new national policy that
makes it a treaty which requires the concurrence of two-thirds
vote of all the members of the Senate[2];
duly recognized by the other contracting party as such; and when so required by
the Senate, duly ratified by a majority vote of the people in a referendum
called for the purpose.[3]
Also provisions on agreed locations where the US can build military facilities and store
military equipment were said to violate the sovereignty and territorial
integrity.
These “problematic” provisions
in EDCA should not be treated and assumed unconstitutional outright as it can be
directed by the supreme court to the proper forum in senate for its
concurrence. As to the worries of the petitioners on the sovereignty of the
Philippines, there was a clarification by Justice Sereno that the
U.S. will not own any immovable property within the soil of the Philippines
hence only usufructuary will guide the EDCA.
Answering the question of Chief
Justice Sereno posted whether to try EDCA first, it should be given a chance to
be accomplished as it post promising benefits for our external and territorial
defense and all issues other than the senate concurrence posit
speculations. The constitutionality of EDCA was prematurely questioned even if the case is not yet ripe for litigation. I believed arguments regarding the unconstitutionality of EDCA are very far-fetched and a hindrance to the advancement of our military force.
As one petitioner for the unconstitutionality of EDCA said that
the Philippines should instead boosts its military capability on its own. Let
us admit, without alliance our country will not endure any foreign military
attack and I’m not saying that Philippines should be dependent on foreign aides
but for the mean time that our country does not have the capacity on its own,
instead of questioning it we should welcome this kind of help. The pact
between the two countries is the most needed security of the Philippines for
the maritime disputes our country is facing today. At the end of the day,
constitution was created to protect and serve the Filipino people.
[1]
Agreement between the Republic of the Philippines and the
Government of the United States of America on Enhanced Defense Cooperation
[2] http://manilastandardtoday.com/mobile/2014/11/13/thrust-and-parry-on-edca/
[3] Article VIII sec 25, Philippine Constitution
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