In an interview, Drilon said only the high court can settle the issue on whether the newly signed defense pact–the Enhanced Defense Cooperation Agreement (EDCA)–is an executive agreement or a treaty that needs Senate concurrence.
“There are various views. Marami po ang nagsasabi na ilegal kapag hinde, marami ang nagsasabi na hinde na kailangan. Sa akin po, dalhin na nila sa Korte Suprema. Whether this is a treaty or a document that would require concurrence or ratification of the Senate, or an executive agreement, that will have to be decided by the Supreme Court,” Drilon said after his speech at the UP College of Law on Tuesday afternoon.
The Senate can always ask executive officials to explain the EDCA before the oversight committee on the Visiting Forces Agreement (VFA), he added.
As to whether the crafting of the EDCA was transparent enough, Drilon said the executive “cannot expose positions publicly” during negotiations.
On Monday, Philippine and US officials inked the EDCA, which allows for an enlarged rotational presence of American troops in the country.
Senators have differing opinions on the agreement–some considering it an implementing guideline of the VFA, with others described it as a treaty.
Senator Miriam Defensor Santiago, chairperson of the Senate committee on foreign relations, particularly lamented how the chamber was not included in the crafting of the EDCA.
US President Barack Obama, who visited Manila for a two-day state visit, made clear that the American government did not enter into a new defense pact with the Philippines to counter China.
China and the Philippines have been engaged in a territorial dispute over resource-rich parts of the South China Sea, which Manila calls the West Philippine Sea, for the past several years. — DVM, GMA News
