BY PRINCE GOLEZ
Manila Reporter
MANILA – Former senators Wigberto Tañada and Rene Saguisag urged the Supreme Court to declare the Enhanced Defense Cooperation Agreement (EDCA) between the Philippines and the United States null and void.
In their 65-page petition filed yesterday, the two argued that the EDCA “does not provide any substantial, long-term real benefit, much less distinct advantage or improvement in our position vis-à-vis the United States.”
In 1991, Tañada and Saguisag were among the senators who voted to close two US military bases in the country – the Subic Naval Base in Zambales and Clark Air Base in Pampanga.
Malacañang yesterday said the government is ready to defend EDCA’s constitutionality.
“The head of the negotiating panel was Undersecretary Pio Batino, a lawyer. The Solicitor-General was also onboard with respect to the review of EDCA and certainly he would be representing and defending the EDCA,” said Presidential Spokesperson Edwin Lacierda.
Saguisag and Tañada also argued that EDCA is treaty and must go through the Senate for concurrence.
Lacierda said the government already “anticipated” questions on the recently signed agreement with the US.
“We believe the government can ably support ad defend its position,” he said,
In a separate interview, Batino said the stay of US troops in the country will only be “temporary.”
The number of troops would vary, depending on the activities approved by the Armed Forces of the Philippines and the US Pacific Command, he added.
Batino also said “there is a clear language under EDCA – both parties do not authorize permanent US military presence or the establishment of military bases (in the Philippines).”
Saguisag and Tañada criticized the government for lacking the resolve to protect Philippine sovereignty and national interest, and accused Defense Secretary Voltaire Gazmin of grave abuse of discretion.
“This agreement will allow the US government to use Philippine military bases, essentially allowing them to build structures, store as well as preposition weapons, defense supplies and material, station troops, civilian personnel and defense contractors, transit and station vehicles, vessels, and aircraft. This will effectively allow them to establish and operate defacto military bases anywhere on Philippine soil, minus the cost of paying for one,” part of their petition read.
They also said the Mutual Defense Treaty (MDT) was already superseded by the 1987 Constitution, and may not serve as a basis for any subsequent agreements.
Petitioners further said that the EDCA is no guarantee that the “United States will actually come to the aid of the Philippines in case of an invasion by China.”
They pointed out that the MDT may not be invoked in the Philippines’ territorial disputes with China since the issue with the West Philippine Sea is neither a metropolitan territory nor islands in the Pacific, as provided in the MDT.
Petitioners said the EDCA also violates the Philippines’ ban on nuclear weapons and deprives the Supreme Court of its constitutional prerogatives to review its constitutionality./PN
