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The high court stressed that the defense pact "is not the instrument
that allows troops to enter, as the Visiting Forces Agreement has
already done that."
The tribunal disagreed with the Senate's position that the EDCA
should have first been submitted to the Senate in the form of a
treaty for concurrence by at least two-thirds of all its members.
"The EDCA provides for arrangements to implement existing treaties
allowing entry of foreign military troops or facilities under the VFA
and the [Mutual Defense Treaty], and thus may be in the form of an
executive agreement solely within the powers of the President and
not requiring Senate concurrence under Article XVIII, Sec. 25," read
the decision.
The SC said no court can tell the President to desist from choosing
an executive agreement over a treaty to embody an international
agreement.
"Rather, in view of the vast constitutional powers and prerogatives
granted to the President in the field of foreign affairs, the task of the
Court is to determine whether the international agreement is
consistent with the applicable limitations," it added.
The SC said the President has the option to choose the form of an
agreement other than through a treaty, provided that the
agreement dealing with foreign military bases, troops or facilities is
not the principal agreement that first allowed the entry or presence
in the Philippines.
Likewise, the executive agreement must be consistent with the
Constitution, as well as with existing laws and treaties.