Miriam: EDCA void without Senate concurrence

MANILA, Philippines - Sen. Miriam Defensor-Santiago on Tuesday insisted that the Enhanced Defense Cooperation Agreement (EDCA) is void as it was approved in the absence of Senate concurrence.

The senator sponsored Senate Resolution 1414 or a "Resolution expressing the strong sense of the Senate that any treaty ratified by the President of the Philippines should be concurred in by the Senate, otherwise the treaty becomes invalid and ineffective."

Santiago stressed that the EDCA, an executive agreement between President Benigno Aquino III and United States President Barack Obama, is a prohibited treaty of "foreign military bases, troops or facilities."

"The oral arguments presented in behalf of the Executive Department in the Supreme Court by the Solicitor General clearly described EDCA in the nature of 'foreign military bases, troops, or facilities' and thus constitutes a judicial admission that it is of the category that 'shall not be allowed in the Philippines except under a treaty duly concurred in by the Senate,' by authority of the Constitution, Article 18, Section 25," Santiago said in her sponsorship speech.

The senator cited that the resolution, co-authored by 12 other senators, is constitutional law.

The Treaty Clause of the Constitution states that, "No treaty or international agreement shall be valid and effective unless concurred in by at least two-thirds of all the members of the Senate."

Santiago earlier said that Malacañang’s decision to implement the EDCA without Senate concurrence is a betrayal of the Senate, a co-equal branch of government.

The senator noted that the executive agreement was implemented by signatures of a Cabinet official and the US ambassador instead of the two presidents of concerned states.

"This contretemps does not indicate good faith on the part of the two presidents. The use of guile in diplomacy should be limited to state-to-state situations, and should not include a situation involving only two branches of the same government," Santiago said in an earlier statement.

Santiago, however, clarified that Senate Resolution 1414 does not pertain to any treaty, international or executive agreement of a specific subject matter but an issue on constitutionality.

"We begin with the confidence that Senate Resolution No. 1414 is an expression of Constitution Law on the matter of critical importance to the integrity of the Senate and the honor of this Republic," the senator said.

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