WON: EDCA

Enhanced Defense Cooperation Agreement will "promote peace and security in the region", as what U.S. Ambassador (to the Philippines) Philip Goldberg has said during his speech upon signing the agreement with Defense Secretary Voltaire Gazmin. [1] Will it really promote peace and security? Do we really benefit from it, as much as them (Americans)? Are the benefits of much greater importance over its downside? These are the questions we usually hear, however, nobody can really answer them concretely until we have already tried or experience them, but we can always examine it if it is within the bounds of the law.

Is the agreement Constitutional?

As pointed out by Former Senator Rene A.V. Saguisag, there is a question of whether it is a treaty, which needs ratification from the Senate (under Section 21, Article 7 of the 1987 Constitution), or an executive agreement which is what EDCA is believed to be? [2] He also pointed out that under Section 25 of Article 18 of the 1987 Constitution, that any foreign troops and facilities are only allowed with an exception of a treaty, and not an executive agreement. [3] If we look at the exact provision, it is clearly stated that concurrence of the Senate is required, and of Congress if needed. 

Another provision in the Constitution caught my attention regarding the sovereignty of the State and the national interest, Sections 1, 3 and 7 of Article 2 of the 1987 Philippine Constitution. Although they are not self-executing provisions, but i believe we could use them as a guideline before proceeding which such agreements. EDCA focuses more on the improvements on our military power to further secure our State's sovereignty and territory, however, should we neglect other duties that the Constitution has already laid out?

Former Senator Saguisag and Tanada has already filed a petition to the Supreme Court, on the constitutionality of the agreement. [4] However, upon oral arguments of the Supreme Court Justices, they are suggesting for the said agreement to be questioned on the Senate, as it hasn't been implemented yet. [5]

Given the provision on section 25 of article 18 of our Constitution, this agreement should be a treaty which requires a ratification by the Senate. There is nothing wrong with being ratified by the Senate, if it clearly is for the benefit of our country. 

Questioning the constitutionality of the EDCA does not only question the procedural or technicality of it, but also strengthens it, if its primary purpose is beneficial for our country. Also, we cannot determine the outcome yet of the said agreement, unless we have tried or experience it, whether is it beneficial or not. As the saying goes, "you will never know until your try it".

[1] http://thediplomat.com/2014/04/us-philippines-enhanced-defense-cooperation-agreement-bolsters-pivot-to-asia/
[2] http://www.interaksyon.com/article/85995/a-primer-on-edca-from-one-of-the-malevolentmagnificent-12
[3] supra.
[4] http://www.interaksyon.com/article/87638/full-text--1st-petition-assailing-edca-constitutionality
[5] http://www.rappler.com/nation/75404-submit-edca-senate