It’s final: SC affirms legality of EDCA

The Supreme Court on Tuesday affirmed its earlier ruling that upheld the constitutionality of the Enhanced Defense Cooperation Agreement (EDCA) between the Philippines and the United States.

This was after the tribunal in an en banc session on Tuesday voted 9-4 to deny a motion for reconsideration that sought to reverse the court's January 12 decision in favor of  the pact that provided for the increased rotational presence of US troops in the country.

The four magistrates who dissented from the majority were Associate Justices Teresita Leonardo de Castro, Arturo Brion, Estella Perlas Bernabe and Marvic Leonen. Two of the 15 justices inhibited from the case.

SC spokesman Theodore Te said the four justices who dissented would be coming out with their respective dissenting opinions on the matter.

The motion for reconsideration was filed by the group of petitioners in the case that included the Bagong Alyansang Makabayan and incumbent and former members of the House of Representatives.

The SC said that the "petitioners do not present new arguments to butress their claims of error on the part of this Court. They have rehashed their prior arguments and made them responsive to the structure of the Decision in Saguisag, yet the points being made are the same."

The SC stressed that the Philippine Constitution cannot be viewed as a list of prohibitions and limitation on government power, but rather as an instrument providing the process of structuring government so it could effectively serve the people.

"It is not simply a set of rules, but an entire legal framework for the Philippine society. EDCA did not go beyond the framework," said the SC, adding that the entry of US troops has long been authorized under a valid and subsisting treaty — the Visiting Forces Agreement.

The SC said the petitioner "littered" their reconsideration plea with alleged facts on US practices, ineffective provisions or even absent provisions to bolster their claim of EDCA's invalidity.

"Petitioners essentially are asking the court to replace the prerogative of the political branches and rescind EDCA because it is not a good deal for the Philippine," said the SC.

"Unfortunately, the Court's only concern is the legality of EDCA and not its wisdom or folly; their remedy clearly belongs to the executive or legislative branches of governmenr," it added.

Palace reaction

Malacañang, for its part, on Tuesday said the SC's final decision on EDCA would allow the improvement of the military's capabilities in humanitarian assistance and disaster relief efforts.

"The Supreme Court is the final arbiter of our nation’s disputes. The court of last resort has spoken: The Enhanced Defense Cooperation Agreement (EDCA) is constitutional," Communications Secretary Martin Andanar said in a statement.

"The Supreme Court’s decision upholding EDCA’s legality hopes to increase the interoperability of our armed forces and contribute to its modernization.  We likewise remain confident that through this military cooperation we would improve our joint humanitarian assistance and disaster relief efforts," he added.

January 2016 decision

In its main decision last January, the SC upheld the EDCA by a vote of 10 in favor, four against and one taking no part.

Those who dissented during to the majority ruling during the January deliberation were associate justices Teresita Leonardo-De Castro, Arturo Brion, Estela Perlas-Bernabe, and Marvic Leonen.

Senior Associate Justice Antonio Carpio has written a concurring opinion while De Castro, Brion, and Leonen wrote their respective dissenting opinions.

Under the agreement negotiated by President Benigno Aquino III's government, the US will be allowed to build structures; store as well as pre-position weapons, defense supplies and materiel; and station troops, civilian personnel and defense contractors, transit and station vehicles, vessels, and aircraft for a period of 10 years. —With a report from Kathrina Charmaine Alvarez/KG/KBK, GMA News