Panelo: EDCA valid; Duterte can terminate defense deal

MANILA, Philippines – Chief Presidential Legal Counsel Salvador “Sal Panelo” said Wednesday that President Rodrigo Duterte has the option to terminate the Enhanced Defense Cooperation Agreement, which the president said he wanted reviewed.

Panelo clarified that although Duterte is bound to implement the EDCA, there is also a provision to terminate the executive agreement, which gives the US access to specific Armed Forces of the Philippines bases and outposts.

“The president under the agreement need not continue or implement it because there is a provision there that says so,” Panelo said at the Kapihan sa Manila Bay forum.

“The agreement also says either party can terminate the agreement, so the president has an option,” he added.

Under the EDCA, either party can terminate the agreement by writing through diplomatic channels. The agreement requires one year's notice before it is considered terminated. 

On Sunday,Duterte vowed to review the two-year-old EDCA.. He said that the the defense deal "[is] only signed by an aide and (former defense secretary Voltaire) Gazmin" and not by then President Benigno Aquino III.

Analysts have pointed out, however, that the signing of agreements is usually done by authorized representatives of the governments involved. The 1951 Mutual Defense Treaty between the Philippines in the US, for example, was not signed by then President Elpidio Quirino but by Foreign Affairs Secretary Carlos Romulo.  

Panelo said the defense deal is valid since Defense Secretary Voltaire Gazmin was authorized to sign it.

Gazmin and US Ambassador Philip Goldberg signed the defense deal at Camp Aguinaldo on April 28, 2014. The Supreme Court ruled in January that the agreement does not violate the constitution.

“I’ve seen documents that Gazmin was authorized by Aquino,” Panelo said adding that there was even a memorandum of ratification showign this.

"It is a valid agreement but what we are saying that it is subject to review and evaluation," the chief presidential legal counsel added.

Panelo said he has informed Duterte that the agreement is valid, however, the EDCA, the Visiting Forces of Agreement and the Mutual Defense Treaty are all subject to review.

Meanwhile, Kabayan partylist Rep. Harry Roque, in a separate statement, expressed support for the possible abrogation of the EDCA. He said the document is not even a “treaty.”

“That it is within presidential prerogative to recall a treaty for any international agreement for that matter is ironically confirmed by US law and practice,” Roque said.