Doctrine:: Saguisag, Et Al. v. Executive Secretary Ochoa

Saguisag, et al. v.
Executive Secretary Ochoa
Doctrine:
Enhanced Defense Cooperation Agreement (EDCA) is constitutional because it fully conforms to
the Philippines’ legal regime through the MDT and VFA. It also fully conforms to the
government’s continued policy to enhance our military capability in the face of various military
and humanitarian issues that may arise.
The EDCA embodies its very purpose. It puts into greater effect a treaty entered into more than
50 years ago in order to safeguard the sovereignty of the Philippines, and cement the military
friendship of the U.S. and Philippines that has thrived for decades through multiple presidents
and multiple treaties. While it is a fact that our country is now independent, and that the 1987
Constitution requires Senate consent for foreign military bases, troops, and facilities, the EDCA
as envisioned by the executive and as formulated falls within the legal regime of the MDT and
the VFA.
FACTS:
Petitioners explain that, since the Enhanced Defense Cooperation Agreement (EDCA) is a treaty,
it comply with the requirements set forth in Article XVIII, Section 25 of the Constitution.
In 2016, the SC ruled that the EDCA is not a treaty; rather, it is an executive agreement, as it
merely implements the VFA and the MDT. This is the principal reason for the present case for a
Motion for Reconsideration filed by Petitioners.
The EDCA’s provisions fall outside the limited scope of the VFA and MDT, because it provides a
broader arrangement for military bases, troops, and facilities, and it allows the establishment of
US military bases in the Philippines.
Issue:
Whether or not EDCA is constitutional
Held:
YES. The Court finds no reason for EDCA to be declared unconstitutional. It fully conforms to the
Philippines’ legal regime through the MDT and VFA. It also fully conforms to the government’s
continued policy to enhance our military capability in the face of various military and
humanitarian issues that may arise
To recall, the Philippines and the U.S. entered into the Mutual Defense Treaty with two things in
mind, first, it allowed for mutual assistance in maintaining and developing their individual and
collective capacities to resist an armed attack; and second, it provided for their mutual self-
defense in the event of an armed attack against the territory of either party.The treaty was
premised on their recognition that an armed attack on either of them would equally be a threat
to the security of the other.
The EDCA embodies this very purpose. It puts into greater effect a treaty entered into more than
50 years ago in order to safeguard the sovereignty of the Philippines, and cement the military
friendship of the U.S. and Philippines that has thrived for decades through multiple presidents
and multiple treaties. While it is a fact that our country is now independent, and that the 1987
Constitution requires Senate consent for foreign military bases, troops, and facilities, the EDCA
as envisioned by the executive and as formulated falls within the legal regime of the MDT and
the VFA.
The Philippines must continue to ensure its ability to prevent any military aggression that
violates its sovereign rights. Whether the threat is internal or external is a ·matter for the proper
authorities to decide. President Rodrigo Roa Duterte has declared, in his inaugural speech, that
the threats pervading society are many: corruption, crime, drugs, and the breakdown of law and
order. He has stated that the Republic of the Philippines will honor treaties and intenational
obligations. He has also openly supported EDCA’s continuation.
Doctrine: The separation of powers is a fundamental principle in our system of government. It

obtains not through express provision but by actual division in our Constitution. Each
department of the government has exclusive cognizance of matters within its jurisdiction, and is
supreme within its own sphere. But it does not follow from the fact that the three powers are to
be kept separate and distinct that the Constitution intended them to be absolutely unrestrained
and independent of each other. The Constitution has provided for an elaborate system of check
and balances to secure coordination in the workings of the various departments of the
government.

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Doctrine:: Saguisag, Et Al. v. Executive Secretary Ochoa

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Saguisag, et al. v.

Executive Secretary Ochoa

Doctrine: The separation of powers is a fundamental principle in our system of government. It

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