SC set to hear oral arguments on EDCA

MANILA, Philippines - Chief Justice Maria Lourdes Sereno disclosed yesterday that the Supreme Court (SC) is set to hear   legal questions on the Enhanced Defense Cooperation Agreement (EDCA).

Speaking before the Foreign Correspondents Association of the Philippines (FOCAP) at Marco Polo Hotel in Pasig, Sereno said the SC would issue a resolution for the oral arguments to be held “very soon” as sought in the petitions of former senators Rene Saguisag and Wigberto Tañada.

She did not give details as the SC has yet to approve the date for oral arguments.

Last week, the government defended the constitutionality of EDCA in a consolidated comment through Solicitor General Florin Hilbay.

Sereno refused to comment on issues involving the custody of Private 1st Class Joseph Scott Pemberton, the US Marine charged with the murder of Jeffrey Laude alias Jennifer.

“I cannot say what the Visiting Forces Agreement says (about issue on custody) because it is part of the pending case,” she said. “It will be debated very soon.”

Sereno said the SC was set to resolve the issues involving EDCA and VFA prior to the murder of Laude.

“Even without the recent incident involving the transgender woman, we are already scrutinizing the EDCA,” she said.

When pressed to explain the process of custody of US servicemen facing criminal cases under the VFA, Sereno again invoked the rule prohibiting public discussion of merits of pending cases in court.

Earlier, Justice Undersecretary Jose Justiniano said Pemberton may remain in US government custody  while facing investigation and possible trial.

He was one of the defense lawyers of the four US Marines led by Lance Corporal Daniel Smith who stood trial for the rape of Suzette Nicolas alias Nicole in Subic Bay Freeport in 2005.

Justiniano said Article 5 Section 6 of the VFA states:  “The custody of any United States personnel over whom the Philippines is to exercise jurisdiction shall immediately reside with United States military authorities, if they so request, from the commission of the offense until completion of all judicial proceedings.”

However, Laude family lawyer Harry Roque Jr. said Pemberton must be turned over to the custody of Filipino authorities.

Affirming the VFA’s constitutionality in 2009, the SC voting 9-4 ruled that the agreement allowing Smith’s detention in the US embassy is “not in accordance” with the VFA.

It directed the Department of Foreign Affairs (DFA) to negotiate with US representatives for the appropriate agreement on detention facilities under Filipino authorities.

The ruling only applied to Smith and became moot since he was freed following acquittal.

Commenting on the petitions against EDCA, the government said it was forged last April to implement and enhance two pre-existing treaties: the VFA and the Mutual Defense Treaty.

Hilbay said EDCA was well within President Aquino’s power as commander-in-chief, chief executive and chief architect of foreign policy to protect the nation.

It was necessary to deal with external and internal security issues to achieve “a minimum credible defense to the manifold security concerns in the West Philippine Sea,” he added.

Petitioners had no legal standing to seek relief since only incumbent senators may raise the issue of alleged lack of Senate concurrence, Hilbay said.