Friday, January 22, 2016

EDCA: Is there abuse if there is a need?

U.S. influence is very visible and very much present in the Filipino culture. It has a long-stemming origin and its effect can be very much felt up until today. As a simple proof of their influence being felt today is that I am writing this blog in English and it is because of the American’s influence over our education system. But once the topic of U.S. influence moves over to their military presence in the country the arguments become a little more heated as the country’s sovereignty, independence and freedom now becomes part of the debate.
                In a recent case brought before the Supreme Court, the constitutionality of the Enhanced Defense Cooperation Agreement or EDCA came into question as the seemingly never-ending debate about the military relationship between the United States and the Philippines is once again deliberated upon.
                The primary controversy that is being deliberated in the EDCA case is the use of an Executive Agreement which only needs the signature of the President to be effective, as opposed to a treaty where it would need the concurrence of two-thirds of the Senate which I believe is more representative of the stand of the people when it comes to the controversy at hand. As the Supreme Court clearly explained about the said issue is that the means to make the EDCA effective could have been made either by Executive Agreement or by treaty. And with that established the question of the effectiveness of the EDCA actually became a political one. By choosing to take the Executive Agreement route in the execution of the EDCA was there an abuse of power by the President in this issue. There would have been a clear drawback into choosing a treaty route in handling the concern has debate and deliberation would have taken a whole lot longer than an executive agreement since the opinion and stance of each senator would have been taken into consideration in order to execute the EDCA. But by choosing the executive agreement route the ever enviable Executive Power comes in full display and it does question the sentimentality of one person’s about the controversy at hand and does it represent the sentimentalities of the people he governs. I think that is the heart of the issue at hand here because obviously with the concern being discussed at the Supreme Court it shows that the people have different standing when it comes to this particular debate. My take on the issue is very much diverse. I do agree with the petitioners that a debate as lively as this issue brings the treaty route would have been less controversial, not in terms context of process but in a manner that the opinions of the Senators, as I expressly said earlier would have been more representative of the sentiments of the people as each one would have their take on the concern as opposed to an executive agreement which only expresses the motives of one person. But then again, as the Supreme Court puts it, the issue actually sits on a much bigger problem. The military presence of the United States in our country could be a favor to the country as we tackle on different issues that surrounds the state such as the China conflict in the West Philippine Sea, War on terrorism which our country is very much involved in and natural disasters such as typhoon Yolanda wherein we needed the help of the international community. The presence of the US military in the country gives us both a preventive and immediate solution when it comes to the other issues mentioned. Therefore my conclusion to this issue is that the procedural debate as to the effectiveness of the EDCA takes a backseat if we think about the benefits this agreement would possibly give us. And as for the issue of freedom and independence this issue brings forth, I believe that the US are not the bullies here but rather they are the big brothers who are here to help us whenever the need for help arises.

Source: Saguisag vs Ochoa, G.R. No 212426, January 12, 2016        

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