CASE 2016-0049: RENE A.V. SAGUISAG, WIGBERTO E. TANADA, FRANCISCO “DODONG” NEMENZO, JR., SR. MARY JOHN MANANZAN, PACIFICO A. AGABIN, ESTEBAN “STEVE’: SALONGA, H. HARRY L. ROQUE, JR., EVALYN G. URSUA, EDRE U. OLALIA, DR. CAROL PAGADUANARAULLO, DR. ROLAND SIMBULAN, and TEDDY CASINO, v. EXECUTIVE SECRETARY PAQUITO N. OCHOA, JR., DEPARTMENT OF NATIONAL DEFENSE SECRETARY VOLTAIRE GAZMIN, DEPARTMENT OF FOREIGN AFFAIRS SECRETARY ALBERT DEL ROSARIO, JR., DEPARTMENT OF BUDGET AND MANAGEMENT SECRETARY FLORENCIO ABAD, and ARMED FORCES OF THE PHILIPPINES CHIEF OF STAFF GENERAL EMMANUEL T. BAUTISTA, (G.R. 212426)
BAGONG ALYANSANG MAKABAYAN (BAYAN), REPRESENTED BY ITS SECRETARY GENERAL RENATO M. REYES, JR., BAYAN MUNA PARTY-LIST REPRESENTATIVES NERI J. COLMENARES, and CARLOS ZARATE, GABRIELA WOMEN’S PARTY-LIST REPRESENTATIVES LUZ ILAGAN AND EMERENCIANA DE JESUS, ACT TEACHERS PARTY-LIST REPRESENTATIVE ANTONIO L. TINIO, ANAKPAWIS PARTY-LIST REPRESENTATIVE FERNANDO HICAP, KABATAAN PARTY-LIST REPRESENTATIVE TERRY RIDON, MAKABA YANG KOALISYON NG MAMAMA YAN (MAKABAYAN), REPRESENTED BY SATURNINO OCAMPO, and LIZA MAZA, BIENVENIDO LUMBERA, JOEL C. LAMANGAN, RAFAEL MARIANO, SALVADOR FRANCE, ROGELIO M. SOLUTA, and CLEMENTE G. BAUTISTA, v. DEPARTMENT OF NATIONAL DEFENSE (DND) SECRETARY VOLTAIRE GAZMIN, DEPARTMENT OF FOREIGN AFFAIRS SECRETARY ALBERT DEL ROSARIO, EXECUTIVE SECRETARY PAQUITO N. OCHOA, JR., ARMED FORCES OF THE PHILIPPINES CHIEF OF STAFF GENERAL EMMANUEL T. BAUTISTA, DEFENSE UNDERSECRETARY PIO LORENZO BATINO, AMBASSADOR LOURDES YPARRAGUIRRE, AMBASSADOR J. EDUARDO MALAYA, DEPARTMENT OF JUSTICE UNDERSECRETARY FRANCISCO BARAAN III, and DND ASSISTANT SECRETARY FOR STRATEGIC ASSESSMENTS RAYMUND JOSE QUILOP AS CHAIRPERSON AND MEMBERS, RESPECTIVELY, OF THE NEGOTIATING PANEL FOR THE PHILIPPINES ON EDCA, (G.R. No. 212444)
KILUSANG MA YO UNO, REPRESENTED BY ITS CHAIRPERSON, ELMER LABOG, CONFEDERATION FOR UNITY, RECOGNITION AND ADVANCEMENT OF GOVERNMENT EMPLOYEES (COURAGE), REPRESENTED BY ITS NATIONAL PRESIDENT FERDINAND GAITE, NATIONAL FEDERATION OF LABOR UNIONS-KILUSANG MA YO UNO, REPRESENTED BY ITS NATIONAL PRESIDENT JOSELITO USTAREZ, NENITA GONZAGA, VIOLETA ESPIRITU, VIRGINIA FLORES, and ARMANDO TEODORO, JR.,( G.R. Nos. 212426 & 212444)
(26 July 2016, SERENO, CJ.) (MOTION FOR RECONSIDERATION RE EDCA) (BRIEF TITLE: SAGUISAG ET AL. VS. EXECUTIVE SECRETARY)
DISPOSITIVE:
“WHEREFORE, we hereby DENY the Motion for Reconsideration.
SO ORDERED.”
SUBJECTS/DOCTRINES/DIGEST:
To recall, the Philippines and the U.S. entered into the MDT in 195157 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;58 and second, it provided for their mutual self-defense in the event of an armed attack against the ten-itory of either party.59 The treaty was premised on their recognition that an anned 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 VF A.
In the context of recent developments, the President is bound to defend the EEZ of the Philippines and ensure its vast maritime wealth for the exclusive enjoyment of Filipinos. In this light, he is obligated to equip himself with all resources within his power to command. With the MDT and VFA as a blueprint and guide, EDCA strengthens the Armed Forces of the Philippines and through them, the President’s ability to respond to any potential military crisis with sufficient haste and greater strength.
The Republic of Indonesia is strengthening its military presence and defences in the South China Sea.61 Vietnam has lent its voice in support of the settlement of disputes by peaceful means62 but still strongly asserts its sovereignty over the Paracel islands against China. 63 The international community has given its voice in support of the tribunal’s decision in the UN CLOS arbitration. 64
Despite all this, China has rejected the ruling.65 Its ships have continued to drive off Filipino fishermen from areas within the Philippines’ EEZ. 66 Its military officials have promised to continue its artificial islandbuilding in the contested areas despite the ruling against these activities.67
In this light, 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. 68 He has stated that the Republic of the Philippines will honor treaties and inten1ational obligations. 69 He has also openly supported EDCA’s continuation.70
Thus, we find 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. This Motion for Reconsideration has not raised any additional legal arguments that warrant revisiting the Decision.
TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW.
NOTE: TO RESEARCH ON A TOPIC IN YAHOO OR GOOGLE SEARCH JUST TYPE “jabbulao and the topic”. EXAMPLE: TO RESEARCH ON FORUM SHOPPING JUST TYPE “jabbulao and forum shopping”.
J.A.B. Bulao & Associates 