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EDCA: a mockery of the Constitution

From Dennis Garcia's FB wall
From Dennis Garcia’s FB wall

In the Facebook wall of Dennis Carcia, musician, advertising executive, painter and Abante columnist, there’s a picture of Obama signaling something with two fingers.

Dennis captioned it: “EDCA:I can summarize the agreement in two words- NO RENTAL. “

The post elicited a comment from Noy Dy-Liacco: “I can do it in one: FREE!

The banter is a spoof of the TV musical game show “Name the Tune.”

EDCA is Enhanced Defense Cooperation Agreement, a document so detestable it makes a mockery of the Philippine Constitution and ridicules Philippine sovereignty.

When we read the EDCA signed by Defense Secretary Voltaire Gazmin and U.S. Ambassador Philip Goldberg on the day that Obama arrived for a two-day state visit, we wanted to line up those responsible for EDCA against the wall so we can tell the Filipino people: “Here are the officials who sold us out again to the United States.”

Who are they?

Usec Batino, with new members of the panel Amb. Eduardo Malaya and Amb. Lourdes Yparraguirre confer with their US counterpart.
Usec Batino, with new members of the panel Amb. Eduardo Malaya and Amb. Lourdes Yparraguirre confer with their US counterpart.

The Philippine panel was headed by Defense Undersecretary Pio Lorenzo Batino. Members included The Ambassador Lourdes Yparraguirre, Ambassador J. Eduardo Malaya, Justice Department Undersecretary Francisco Baraan III, and DND Assistant Secretary for strategic assessments Raymund Jose Quilop.

We all know that the panel was getting instructions from the Del Rosario and Gazmin. The two cabinet secretaries reported to President Aquino and nothing in EDCA was without the approval of the chief executive.

At the start of the negotiations, the DFA representative in the panel was Assistant Secretary Carlos “King” Sorreta, considered an expert in American affairs. Early this year, Sorreta was removed from the panel and Yparraguirre, ambassador to Austria and Malaya, ambassador to Malaysia were brought in.

King Sorreta and Batino
King Sorreta and Batino

The talk in the DFA was that Sorreta was opposing a number of items in the draft agreement which he felt were in blatant violation of Philippine sovereignty. Del Rosario and Philippine Ambassador to the U.S. Jose L. Cuisia Jr., who were willing to give wholeheartedly what the Americans wanted, were annoyed with Sorreta’s stand.

A source said, Sorreta was heard to comment during the negotiations: “I think we should put the country’s interest ahead of personal business interests.” Del Rosario and Cuisia were businessmen before joining foreign service.

Now Sorreta is relegated to the Foreign Service Institute.

EDCA is a basing agreement. No amount of euphemism by Malaya and other officials will cure the Constitutional violation caused by this agreement. The worse about it is that those American bases are within the Philippine military camps!

The “Agreed Locations”, as what EDCA calls the U.S. bases within the military camps, will not be accessible to Philippine officials without the consent of the Americans.

EDCA states that “United States forces shall have the control over the access to and disposition of such prepositioned materiel and shall have unencumbered right to move such prepositioned materiel at any time from the territory of the Philippines.”

EDCA also stated that “United States forces are authorized to exercise all rights and authority within the Agreed Locations that are necessary for their operational control or defense, including taking appropriate measures to protect United States forces and United States contractors.”

One of the elements of a State is sovereignty – the supreme right of the state to command obedience within the state.

With EDCA, the Philippines has waived its sovereignty over parts of its territory. Without sovereignty over our whole territory, what are we?

And we are granting this for free.

Actually “sell out” is not an accurate term because we are giving the Philippine to the U.S. for free. “Without rental” is the term used in EDCA.

Defense Secretary Voltaire Gazmin and U.S. Ambassador Phillip Goldberg after signing the Enhanced Defense Cooperation Agreement.
Defense Secretary Voltaire Gazmin and U.S. Ambassador Phillip Goldberg after signing the Enhanced Defense Cooperation Agreement.

Some said since the Aquino government has discarded all pretenses of being an American lackey, it should have allowed the U.S. to establish again their military bases in the country and negotiated for a good price.

Former senator Rene Saguisag has a better suggestion: Let the U.S. build a military base in Ayungin Shoal.

There are many more detestable provisions in EDCA. Hopefully, that would be brought out to the public in the Senate inquiry (not for ratification) that Sen. Antonio Trillanes IV called for.

Published inForeign AffairsMalaya

26 Comments

  1. saxnviolins saxnviolins

    Quibbling about whether the “Agreed Locations” are bases or not is unnecessary, if one reads the Constitution.

    Section 25. After the expiration in 1991 of the Agreement between the Republic of the Philippines and the United States of America concerning military bases, foreign military bases, troops, or facilities shall not be allowed in the Philippines except under a treaty duly concurred in by the Senate and, when the Congress so requires, ratified by a majority of the votes cast by the people in a national referendum held for that purpose, and recognized as a treaty by the other contracting State.

    Note, hindi lang ang bases ang bawal. Bawal din ang troops; troops shall not be allowed in the Philippines.

    This is rather funny. Back in their days in law school, Ed Malaya was considered tibak (activista) – the type who were anti-Macoy, anti-bases, anti-tuta ng Kano. King Sorreta was considered “establishment”.

    So who has the last laugh? Depends on your perspective. Sinong papalakpakan ng UP student? Sino naman ang i-pro-promote ng Penoy?

  2. chi chi

    Wow, iniregalo ni Noy2 ang Pinas kay Obama!

  3. Mannie Mannie

    Come on, you guys should know by now that it’s always one sided in Uncle Sam’s favor whenever a deal with other countries especially third world like the Philippines.

  4. vic vic

    When PM Mulroney signed the NAFTA (North American free trade agreement) with the US was able to sail smoothly as he was able to win the majority to his Side.. but when he left Office, the Opposition Liberal lead by Jean Chrétien going into Election promising to either Abrogate or renegotiate the agreement and his party decimated the Sitting Conservatives of Kim Campbell and was able to add the new two sidetracks to the Agreement.

    That move may have corrected some of the deficiencies on our sides since we are able to Consistently sustained a Trade surplus of at least $ 40 billions in our more than $600 billions trade, the BIGGEST trading partners.

  5. Mannie Mannie

    Vic, how effective and useful is this NAFTA for Americans and Canadians? I think Mexico is also part of this. But Canada has already canceled visa exempt for Mexico. So, is Mexico still part of NAFTA?

  6. Mannie Mannie

    After that tragic car accident that killed his wife and almost his too, former Sen. Saguisag displayed his brilliant mind by suggesting that the US builds base in Ayungin Shoal.

  7. Juan Dimalanta Juan Dimalanta

    “Wow, iniregalo ni Noy2 ang Pinas kay Obama!”

    Balita ko bangkarote ang ‘Merika, kaya hinihigpitan ang sinturon. Pero kahit papaano, sila pa rin ang nangungunang dumamay sa panahon ng kalamidad.

  8. This is rather funny. Back in their days in law school, Ed Malaya was considered tibak (activista) – the type who were anti-Macoy, anti-bases, anti-tuta ng Kano. King Sorreta was considered “establishment”. SnV #1.

    That’s what we all thought also, SnV.

    That’s why if the “establishment” guy like King Sorreta could not stomach what Del Rosario and Cuisia were giving to the Americans as far as the country’s national interest is concerned, can you imagine how bad it was (is)?

  9. So who has the last laugh? Depends on your perspective. Sinong papalakpakan ng UP student? Sino naman ang i-pro-promote ng Penoy? SnV #1.

    You bet, Ed Malaya’s career will shine even brighter.

  10. vic vic

    Mannie @ 5 the original Nafta agreement was between the US and Canada in l986 but when Jean Chretien Liberals won on that single issue alone, it he renegotiated and supplemental agreement was added with then George H. but was not a done deal until Clinton took over that was when Mexico joined In..between the US and Canada it includes labour and environment while with Mexico it only includes exemption on tarriffs on most Goods..with Visa agreements there was no longer visa requirements between US and Canada and if Mexico still required to have some form of Visa otherwise they will flood both countries…

    I can tell who benefit most as there are always issue like the Keystone PIPELINES that until now the US approval is not forthcoming and Canada is looking other Markets for its OIL and natural gas…Just signed a Trade agreement with South Korea exempting most of SOKOR high teck imports including Cars while exempting our Food exports…give and take…China and India are both Targets for a two way trade…Canada has a lot to sell…

  11. Mannie Mannie

    Vic, lest that I be reprimanded again for posting out of topic, I’m going to cut it short.

    You said Canada is looking for other markets for her oils. But, why is gasoline price in Canada very high? Is it because of high taxes or what?

  12. vic vic

    Mannie @ 12 Prices of Gas are not SUBSIDIZED and it is priced at world market..Taxes account for 47 cents for Every Dollar Approximately.. And squeezing oil from Tar Sand is more expensive than Pumping it out.. If Oil in world Market cost less than $70 it is not worth extracting them for Now since the regulation for Environmental Safety Is very strict And Expensive. Britain is also an oil xporting country net and Gas there is twice as expensive…Venezuela subsidized its Gas at the Pump it is the World Cheapest..

  13. Kahit sino pa ang maging kaalayadong bansa ng Pilipinas ay wala ng patutunguhan pa na kabutihan dahil ang pagtaas ng presyo ng mga bilihin ay hindi na bababa pa. Magdusa na lang mga pinoy. Walang ibang dapat sisihin kundi ang mga tao na nakiisa para mapatalsik si Marcos.

  14. vic vic

    Mannie forgot that taxes on Gas are spent for Roads and Bridges And Mass transit. We do not have Toll roadways and metro polis toronto Hamilton just got an $18 billions seed money and the newly legislated METROLINX.. I believe that is why gas is price higher, other than conservation. Thanks and check Metrolinx.

  15. Mannie, Vic, Please avoid out of topic discussions here.Be considerate of other readers.

    Mannie, you can ask Vic’s email address if there are Canadian issues you want to clarify with him.

    Thank you.

  16. Mannie Mannie

    Vic, following Madam Ellen’s advice that we should be considerate of other readers, please provide your email address so that we could discuss about Canada in private. Our discussion about oil and gas which are relevant and important to all countries including the Philippines has been perceived to be inconsiderate on our part. Yet, we’ve read many posts that were way far from the topics like Arvin who continues to talk about Marcos. ~~

  17. vic vic

    Mannie, Canada is an open society, so most of its policies are accessible in the internet and in our Media and are quite reliable..so just do some searching and let us respect the wishes of the publisher of this blog..and abide by rules…thanks

  18. From Rannie in Rotterdam:

    Nabasa ko po sa kolum nyo sa abante tungkol sa EDCA pambabastos sa konstitusyon, out of curiosity hinanap ko sa internet at nabasa ko yung full text ng agreement sa GMA news online.

    Sa personal ko pong opinyon at sa estado ng Pilipinas lalo na sa agawan ng teritoryo sa Spratlys at sa West Philippine Sea may advantage naman at kahit paano magdadalawang isip ang mga Tsino na umokupa pa muli ng ibang shoals na sakop ng ating bansa, di po bat nagsimula lang naman umokupa sa Spratly’s ang mga tsino ng niratipikahan noong 1992 na paalisin ang mga base military sa bansa at taong 1995 ng magtayo lang sila ng isang maliit na kubo at ngayon nga may mga daungan at paliparan na sila doon na alam naman natin o mismo ninyo na si G.Tomas Cloma ang nakadiskubre ng mga isla sa pinag-aagawang teritoryo.

    Bakit noong mga panahon na iyon wala man lang bumatikos nakipaglaban lalo na yung mga makakaliwa, alam naman nyo na wala ding kapasidad ang ating bansa kung ang basehan ay lakas ng militar sa kahit anong bansa sa SEA. Bakit po ba gigil na gigil tayo na dapat ay hindi ito napirmahan dahil labag ika ninyo sa Konstitusyon, ang isa sa mga Article IV no.3, na ang lahat ng prepositioned materials of United States shall be for the exclusive use of United States forces and full title to all such equipments,supplies and materials remains control under the United States. The United States forces shall have the control over the access and disposition of such prepositioned material and unencumbered right to remove such prepositioned material at anytime from the territory of the Philippines, sa palagay ko sa artikulong ito tama lang naman siguro na walang ibang pwedeng maka access sa kanilang military hardware kahit na host country, parang isang bagay naman ito na kahit kayong mga mamahayag lahat ng inyong gamit di dapat pinakikialaman lalo na kapag kayo nasa ibang bayan.

    Ang isa siguro dapat na ikinonsidera dapat ay patas ang buwis na sisingilin sa kanila kasi para na rin silang nagnegosyo pero lahat ng bagay at materyales na gagamitin sa konstruksyon at imprastraktura lahat ay bibilhin locally at kapag silay umalis ay pananatilihing pag aari ng bansang Pilipinas.

    Pero liban po dito sa kasunduan na ito wala naman po akong nakikitang mga nakakasukang probisyon maliban na lamang kung talagang kailangan lamang talagang batikusin ang pamahalaan ni PNOY o sabi nga nila ang ating pagiging makabayan,

    Nakakapagtaka lang kasi ng panahon ng Yolanda wala akong nakita o narinig sa mga makakaliwa o mga mamamahayag na laban sa mga dayuhang Amerikano na di naming kayo kailangan umalis kayo sa Pilipinas…….

    Rannie

  19. Mannie Mannie

    Vic, I regret to say there’s some double standard here. While it’s true that we could always browse the internet for information, it’s different coming from someone who’s familiar and knowledgeable. And who can better share information than a Canadian like you who lives in Canada for decades. What’s wrong with sharing information about oil and gas that’s important to all countries in the world. The Philippines buys oil from countries lie US that’s supplied by Canada. Even my harmless joke was deleted. Yet, some bloggers were able to post theirs. Some bloggers are blessed to have the privilege of having exchanging ideas and even jokes with her; yet when it comes to you and me, it’s wrong. I’m concerned to express my feeling this time.

    To all the mothers, HAPPY MOTHER’S DAY !

  20. Mannie Mannie

    Correct: Please remove “having” to exchanging ideas and “concerned” should be “constrained”. Thanks.

  21. saxnviolins saxnviolins

    OT, but maybe related.

    In another blog, a commenter posted a French news item about the NSA of the USA spying on Binay and Mar Roxas, during one month in 2013. The link is below. Yung mga la-di-da diyan, help us with the French. O baka French perfume lang ang interest ninyo? Yung mga lalaki, French kitten ang gusto (there is another word for kitten).

    http://www.lemonde.fr/technologies/article/2014/05/08/revelations-sur-les-ecoutes-sous-marines-de-la-nsa_4412895_651865.html

  22. saxnviolins saxnviolins

    Voici une poignée d’exemples de ces « victimes » de la NSA, espionnées pendant un mois, en 2013.
    DEUX LEADERS PHILIPPINS
    Les adresses de deux personnalités philippines figurent sur la liste de la NSA. Jejomar Binay, vice-président philippin, et Manuel Roxas, ministre de l’intérieur, ne sont pas connus pour leurs positions anti-américaines. Elu en 2010, dans la foulée de l’élection de Benigno Aquino à la tête du pays, Jejomar Binay occupe une place notable dans le paysage politique. Ce cacique, longtemps maire de Makati, quartier d’affaires de Manille, est une figure de la sphère économique. Manuel Roxas a été sénateur avant d’occuper plusieurs postes ministériels, dont ceux des transports et des communications. Ex-banquier d’affaires, fils de sénateur et petit-fils d’un ex-président philippin, il s’est illustré, comme sénateur, par son militantisme contre la signature de contrats publics avec des partenaires chinois, notamment dans les télécommunications. Il a été battu par Jejomar Binay dans la course à l’investiture pour la vice-présidence, en 2010.

    Nasaan si Anna de Bretagne?

    Subukan nating I-translate. Ehem.
    Here is a handful of examples of the “victims” of the NSA, being spied during one month in 2013.

    Two Philippine leaders

    The addresses of two Philippine personalities figure in the list of the NSA. Jejomar Binay, Philippine VP, and Manuel Roxas, minister (secretary) of the interior, are not known for their anti-American positions. Elected in 2010, during the election of Benigno Aquino, as head of the state, Jejomar Binay occupied a notable place in the political landscape. The bigwig (bansot nga lang. Maybe something else is big), long-time mayor of Makati, business quarter of Manila, is a figure in the economic sphere. Manuel Roxas had been a senator before occupying many cabinet positions, like that of transport and communications. Ex investment banker, son of a senator, and grandson of an ex Philippine president, he has been pictured as senator, for his militantism against the signature of public contracts with Chinese partners, notably, regarding communications. He was beaten by Jejomar Binay in the course of selection for the vice presidency in 2010.

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