Constitution: Supreme Law of the Land

EDCA is an agreement between the government of the Republic of the Philippines and the government of the United States on enhanced defense cooperation; whereas, such agreement deepens defense cooperation between the parties. On one hand, wherein, majority has agreed and praised such agreement on the basis that it assures us the assistance it suggests, and such, “will effectively upgraded our own security system” as Vice President Jejomar Binay asserted. However, amidst of the concurring opinions of many of our fellow Filipinos regarding such agreement, this agreement is contrary to certain constitutional provisions; and this should not be disregarded because our Constitution is the supreme law of the land.

Such constitutional provisions are Art. 18, Sec. 25 “Foreign military bases, troops, or facilities, shall not be allowed in the Philippines, except under a treaty duly concurred in by the Senate…” Art. 7, Sec. 21, “No treaty or international agreement shall be valid and effective unless concurred in by at least two-thirds of all the Members of the Senate.” And Art. 2, Sec. 8,  “The Philippines, consistent with the national interest, adopts and pursues a policy of freedom from nuclear weapons in its territory.” So the issue here is whether EDCA violates our Constitution.

In the decision of the Supreme Court on the question of the constitutionality of the Enhanced Defense Cooperation Agreement (EDCA) between the Philippines and the United States of America, EDCA is not constitutionally infirm.  However, I disagree with the decision of the Court, hence, it further reiterated that they must view the instant case with the same perspective and understanding, knowing full well the constitutional and legal repercussions of any judicial overreach; I believed they have lacked of it. It is clearly manifested that EDCA is an executive agreement, and we must conform to what is written in our Constitution. To differentiate the two, treaties are formal documents which require ratification with the approval of two-thirds of the Senate, while Executive agreements become binding through executive action without the need of a vote by the Senate or by Congress.

To end my paper, I would like to quote Senator Miriam Defensor-Santiago, “Filipinos should keep uppermost the supremacy of the Philippine Constitution.  We should not accommodate any foreign power at the cost of the sovereignty of our Constitution, even if the problem is presented as if it were a problem of national survival.” Therefore, democracy is motivated by the conformity of our will to law as such, we should always argue with legal standing albeit the aids it can avail, because eventually, supremacy law will always be reiterated. “Our Constitution is the supreme law of the land, and state courts shall be bound thereby. And when one of such procedures, laws, acts directly violates the constitution it is rendered unconstitutional.”