EDCA 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.

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[1] http://www.gov.ph/2014/04/28/qna-on-the-enhanced-defense-cooperation-agreement/ last accessed November 21, 2014