Urgency vs. Constitution

We Filipinos are well aware what the situation we are having with regard to the land dispute we are facing with china. In our current position we cannot demand nor defend ourselves even if the international court’s decision goes with the Philippines, china might disregard the decision and just continue bullying us. The government resulted on solutions for the Philippines to be ready just in case china will continue to assert its claim and put our country on a situation that we do not like.

The Enhance Defense Cooperation Agreement (EDCA) was recently decided by the Supreme Court as constitutional   even though it was assailed as unconstitutional because of the reason that it must be considered as a treaty which requires the majority of votes of the senate and congress. The Solicitor General argued that it is only an “Executive Agreement” therefore it does not require the ratification of the congress and the senate.

As an Executive Agreement it merely implements an older and more encompassing contract such as the Mutual Defense Treaty. With EDCA deemed as not a treaty, the requirement for Senate’s concurrence under the law does not apply. This decision can be used by a president for political purpose and might enter into an international agreement and just declare it as an Executive Agreement.

I agree on the fact that we are an urgent need to look for solutions that will help us somehow stand our ground if the worse will come. I also believe that we cannot let our fear to be an excuse to disregard what is stated in our constitution since it is the supreme law of the Philippines.