Philippine Supreme Court says enhanced defense pact with U.S. constitutional

The Philippines' defense cooperation deal with the United States is constitutional and does not need the concurrence of the senate, the Philippine Supreme Court (SC) said Tuesday.

Voting 10-4-1, the high court said the the Enhanced Defense Cooperation Agreement (EDCA) between Manila and Washington is an executive agreement and not a treaty that requires the senate's ratification.

"As it is, EDCA is not constitutionally infirm. As an executive agreement, it remains consistent with existing laws and treaties that it purports to implement," the SC said.

In upholding the constitutionality of the pact, the high court cited section 25, Article XVIII of the constitution, which allows the president to enter into an executive agreement if it is not the instrument that allows the presence of foreign military bases, troops, or facilities, or it merely aims to implement an existing law or treaty.

The high court ruled that the pact is not an instrument that allows U.S. troops or facilities to enter the Philippines as the Visiting Forces Agreement (VFA) of the two countries already has done that.

In effect, the SC disagreed with the senate's position expressing its view that EDCA must be submitted to the Upper Chamber in the form of treaty for concurrence by at least two-thirds of all its members.

Several groups and personalities questioned the constitutionality of EDCA, which the Aquino administration signed with the U.S. government in April 2014. Endit