Is the
Enhanced Defense Cooperation Agreement (EDCA) with the United States a treaty
or just an executive agreement?
We say: it
doesn’t matter.
Under the EDCA, the US will be allowed to
build structures, store as well as preposition weapons, defense supplies and
materiel, station troops, civilian personnel and defense contractors, transit
and station vehicles, vessels and aircraft for a period of 10 years. It was
signed by officials of both countries hours before US President Barack Obama
arrived in the Philippines for his state visit on April 28 to 29, 2014.
After the
Senate invoked last week its position that the Enhanced Defense Cooperation
Agreement (EDCA) between the Philippines and the United States is a treaty that
needs concurrence of the Senate, it is the turn of the Supreme Court (SC) to
decide on the constitutionality of EDCA based on the same legal issue today.
The two
main petitions against EDCA were filed in May last year. Petitioners said the
EDCA violates provisions on national sovereignty, territorial integrity and
interests, freedom from nuclear weapons and autonomy of local government units
in the charter.
EDCA is
needed because of one thing: the very real threat posed by China's frenzied
military build-up and aggressive island-building activities in the South China
Sea/West Philippine Sea.
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