Enhanced Defense
Cooperation Agreement
What is EDCA? Most of the Filipino Citizens are
not even aware of the ongoing oral arguments as regards the Enhanced Defense
Cooperation Agreement between the United States of America and the Republic of
the Philippines.
The Agreement deepens the defense cooperation
between parties and maintains and develops their individual and collective
capacity. It also aims to help, maintain and develop additional maritime
security, maintain domain awareness and humanitarian assistance and disaster
relief capabilities.[1]
The Philippine government saw the urgency for these trainings during the
aftermath of the Typhoon Yolanda (Haiyan). The goal and the implementation of
the agreement will definitely benefit the Philippines considering that the US
will conduct a training to our Military and Marine forces in addition to that
they were allowed to build infrastructures on the agreed location provided that
it will be beneficial for the implementation of the EDCA. The infrastructure
will however built by them will be left to the Philippine Government at the end
of the agreed period. We need not to wait for another Yolanda before we educate
our people on how to attend on the concerns of the people.
There are several legal issues that arise during
the oral arguments First, the approval of the EDCA, they are arguing that it is
a Treaty then therefore the concurrence of the Senate is needed. This is based
on the proposition that EDCA is a new Treaty and is not a implementing rules
and regulations of the existing treaties. I am not against the EDCA but
considering that this Agreement consist of an addendum and not a mere
implementing rules, it should be submitted to the Senate for concurrence, in
accordance with the 1987 Constitution. If the signing of this agreement will be
done by the Executive Department itself it will encroach the powers of the
other branch of the Government.
Secondly, the Treaty is of transcendental
importance; therefore a Judicial Review is also needed. The legal standing of
the petitioners are questioned, they are suing in their capacity as taxpayers.
There is no question of constitutionality of the Treaty since it does not
violate any provision in the constitution.
This Agreement will have a long term benefit for
our Government not only on our Military and Marine people but also on our
country as a whole since it will improve our defense system. It will somehow
make us reliant again on our defense system and that the other countries who
tend to “bully” us since they are aware of our weakness will be lessen. I am
hoping that if in the course of the implementation of this agreement we can see
the drastic change on the state of our country. We should accept the fact that
our country need the support of our allies.
[1] http://www.gov.ph/2014/04/28/qna-on-the-enhanced-defense-cooperation-agreement/ last accessed November 21, 2014
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