SC: Edca is constitutional

Ruling upheld Malacañang’s claim that the Edca is an executive agreement and not a treaty that requires Senate’s concurrence. SC also says that the President has the right to enter into an executive agreement on foreign military bases, troops, or facilit

THE Supreme Court (SC) has junked a petition filed by groups seeking to reverse the High Court’s earlier ruling that declared the military deal signed by Philippines and the United States constitutional.

The SC in its session yesterday affirmed its ruling dated Jan. 12, 2016 and dismissed the motion for reconsideration filed by petitioners Kilusang Mayo Uno, former senator Rene Saguisag, and Bagong Alyansa Makabayan (Bayan) deputy secretary general Renato Reyes.

“The Court, voting 9-4, denied the petitioner’s motion for reconsideration filed against its decision of Jan. 12, 2016 sustaining the constitutionality of the Enhanced Defense Cooperation Agreement (Edca) between US and the Philippines,” the decision states.

The minority who decided to grant the petition of the progressive groups were Associate Justices Estela Perlas-Bernabe, Arturo Brion, Teresita Leonardo-De Castro, and Marvic Leonen.

Associate Justice Francis Jardaleza and Benjamin Caguioa took no part in the voting because of their participation as Solicitor General and Chief Presidential Legal Counsel, respectively.

“Petitioners do not present new ar- guments to buttress their claims of error in the part of this Court. They have rehashed their prior arguments and made them responsive to the structure... yet the points being made are the same,” the decision reads.

Voting 10-4-1, the SC on Jan. 12 declared constitutional the military deal signed by the US and Philippines in April 2014 during President Barack Obama’s visit to the country.

The ruling upheld Malacañang’s claim that the Edca is an executive agreement and not a treaty that requires Senate’s concurrence.

The High Court also said that the President has the right to enter into an executive agreement on foreign military bases, troops, or facilities under article 18, Section 25 of the 1987 Constitution.