EDCA for Big Bullies: Constitutional or not?

China poses as a huge threat to the safety of many Filipinos in the advent of the territorial dispute in the West Philippine Sea. With continued threats, the Philippine government urges to take a step into protecting its right and its people.

As the Philippines beefed up its external security, Edca ("Enhanced Defense Cooperation Agreement") formerly known as Increased Rotational Presence Framework Agreement has been set into motion. This agreement between the PH and US Gov't desires to strenghten international and regional security and the furtherance of the Mutual Defense Treaty 1951 and the Visiting Forces Agreement 1998 raising speculation on the Presidential use of power over a prohibited treaty as per the constitution without Senate approval by which was diminished by the High Court in the present day stating that it was not a treaty but rather an implementing agreement of the VFA.

However, it is written in the constitution, Article 18 Section 25 that "After the expiration in 1991 of the agreement between the Republic of the Philippines and the United States of America concerning Military Bases, foreign military bases, troops, or facilities shall not be allowed in the Philippines except inder a treaty duly concurred in by the Senate and, when the Congress so requires, ratified by a majority of the votes cast by the people in a national referendum held for that purpose, and recognized as a treaty by the other contradicting State."

Althought that is the case, Malacañang insists that it is only an executive agreement thus, it does not need senate concurrence. Sen. Miriam Defensor-Santiago begs to differ, contradicting the Court's claim that Presidential Power included the authority to enter into executive agreements such as the Edca insisting that Senate Concurrence is needed for Ecda to come through.

In my opinion, the Senate should push through with its concurrence for the constitution demands so. It is not whether or not the President is in his right to power but what is in question here is the power the consitution has serving as the basis of all laws. If the constitution had not been followed in this case, it is considerable that there might be other discrepancies with the agreement in the latter considering that Edca has a ten year term. Not only that, it has to undergo a process if it is that worthy to breech the word of law specially the Philippine Consitution.

The Republic of the Philippines is in great need of help and the United States of America offers a helping hand despite the challenges both may face in the foreseeable future. As for the great gesture, everything has to undergo a process that will in turn ensure smooth sailing honoring the highest law of the land, the constitution.