Supreme Court upholds legality of Edca

The USS Topeka, a Los Angeles-class attack submarine, docks at the Alava pier of Subic port in Zambales for a three-day port stop. (INQUIRER PHOTO)

THE Supreme Court upheld the legality of the Enhanced Defense Cooperation Agreement (Edca) between the Philippines and the United States.

Voting 10-4, the decision written by Chief Justice Maria Lourdes Sereno, the high court said Edca is an executive agreement, not a treaty.

The court ruled that under Section 25, Article 18, the President can enter into an executive agreement on foreign military bases, troops, or facilities if “(a) it is not the instrument that allows the presence of foreign military bases, troops or facilities, or (b) it merely aims to implement an existing law or treaty and holding that the Edca is one such executive agreement.”

Associate Justices Teresita Leonardo de Castro, Arturo Brion, Marvic Leonen, and Estela Perlas Bernabe dissented from the majority while Associate Justice Francis Jardeleza took no part.

The United States yesterday hailed the Supreme Court decision and expressed its desire for the agreement’s immediate implementation.

“The US welcomes the Supreme Court’s decision to uphold the Enhanced Defense Cooperation Agreement, which will further strengthen the US-Philippine bilateral relationship,” the United States embassy in Manila said in a statement issued shortly after the Philippines’ high court voted 10-4 in favor of the agreement.

Edca, which was signed during the state visit of US President Barack Obama in 2014, will allow the US rotational presence in the country.

“We look forward to working closely with our Philippine partners on the implementation of this agreement,” the US embassy said.

The Armed Forces of the Philippines welcomed the decision, saying it will help boost capabilities of the military, considered as one of the weakest in Asia.