THE Supreme Court has again postponed its scheduled vote on the Enhanced Defense Cooperation Agreement between the Philippines and the United States.
Court sources said it was the second time the tribunal deferred its ruling on the case. The justices first set deliberations on Nov. 10, but reset the ruling to Nov. 16 because some justices were not ready to vote.
The justices decided to again reset voting to Dec. 16 after a magistrate asked for more time to write a separate opinion, the SC insider revealed.
The two main petitions against Edca were filed in May last year by a group led by former Senators Rene Saguisag and Wigberto Tañada and militant lawmakers led by Bayan Muna Representatives Neri Colmenares and Carlos Zarate.
Similar petitions were also filed by Kilusang Mayo Uno and Confederation for Unity, Recognition and Advancement of Government Employees.
The case was heard by the high court in oral arguments in November last year and had been up for resolution since December last year.
Petitioners alleged that Edca violates provisions on national sovereignty, territorial integrity and interests, freedom from nuclear weapons and autonomy of local government units in the charter.
They also argued that Edca is a treaty—not merely an executive agreement as Palace has claimed —which needs concurrence of the Senate before it could be implemented.
The groups stressed that the agreement violates Section 25, Article XVIII of the Constitution, which requires that any foreign military bases, troops or facilities “shall not be allowed in the Philippines except under a treaty duly concurred in by the Senate.”
The government, through Solicitor General Florin Hilbay, had argued that the agreement is a valid executive agreement that could stand even without the concurrence of the Senate.
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 Obama arrived in the country for his two-day state visit on April 28 and 29 last year.