Legal Memorandum Final Examination

Instructions:

Font 14, Times New Roman

Paper size: 8.5 x 13
Margin: Top-1.2, Left- 1.5, Right-1.0, Bottom- 1.0
Single Space
In your opinion, cite the legal basis, i.e. provisions of law, decisions of the Supreme
Court, and deliberations of the Constitutional Commission, if any, in support of your
arguments.
Deadline for submission: The Beadle should submit the papers to the Deans Office on 24
May 2015 not later than 12 noon.

Law involved:

Constitutionality of the Enhanced Defense Cooperation Agreemenet (EDCA)

Facts:
In 1951, the Philippines and the United States of America (US) entered into the Mutual
Defense Treaty (MDT), which obligates both parties to maintain and develop their individual
and collective defense capabilities against any potential armed attack from enemies.
On February 10, 1998 the Philippines and the US entered into the Visiting Forces
Agreement (VFA), a Status of Forces Agreement for the purpose of supposed visits of US
personnel engaged in joint military exercises and other activities as may be approved by the
Philippine Government. The counterpart agreement for Philippine personnel visiting the United
States, was signed on October 9, 1998. The VFA was ratified by the Philippine Senate on May
27, 1999.
In 2002, the Philippines and the US entered into the Mutual Logistics and Support
Agreement (also known generically as Acquisition and Cross-Servicing Agreement) for the
purpose of enabling and facilitating the reciprocal provision of logistical support, supplies and
services between the armed forces of the two Parties.
Concerned citizens, civil society organizations and multi-sectoral groups subsequently
filed with the Supreme Court various petitions challenging the constitutionality of the VFA. In
October 10, 2000, the first challenge was dismissed by the Supreme Court in the case of Bayan
vs. Zamora. A second challenge was brought in the case of Sombilon vs. Romulo, which was
dismissed by the Supreme Court on February 11, 2009.
In 2009, the United States foreign policy took a definitive turn from its former focus and
emphasis on the Middle East towards the Asia-Pacific Region termed pivot to Asia .

In August 2013, the Governments of the Philippines and the United States of America
began negotiations on the Enhanced Defense Cooperation Agreement (EDCA). Several rounds
of negotiations were held thereafter.
Eight months later, both Parties held the eighth and final round of negotiations on the
EDCA.
On April 28, 2014, immediately prior to the arrival of US President Barack Obama for
his first state visit to the Philippines, the EDCA was signed by Department of National Defense
Secretary Voltaire Gazmin for the Philippines and by US Ambassador to the Philippines Philip
Goldberg for the US government.
The content of the new agreement was only made public in the evening of April 29, 2014,
or a full day after it was signed, after the departure of US President Obama, and after public
clamor
for
the
document
to
be
released.
On 02 May 2014, Department of National Defense Undersecretary and the Philippines
chief negotiator Pio Lorenzo Batino stated that EDCA is just the enhancement of that capacity
as joint exercises are envisioned to do. Usec. Batino further said that This policy was
reaffirmed in the Visiting Forces Agreement (VFA) The EDCA just further implements the
policies already agreed [upon]. Usec. Batino concluded that Thus, the EDCA does not need
ratification.
On 06 May 2014, Department of Foreign Affairs spokesman Charles Jose stated that as
far as the DFA is concerned, the EDCA, is an executive agreement.
Issues:
1.
What are the legal standing requirements before an ordinary person can file a case
to assail the constitutionality of the EDCA.
2.
Whether the EDCA has to be transmitted to the Senate for the latters concurrence
pursuant to Section 21, Article VII of the Constitution.
3.
Whether the EDCA violates
prohibits nuclear weapons in the country.

Section 8, Article II of the Constitution which

4.
Whether Article XI of the EDCA violates Section 1, Aricle VIII of the
Constitution because it deprives the courts of the Philippines of their jurisdiction over
controversies arising therefrom.
5.
Whether the EDCA violates Section 25, Article XVIII of the Constitution which
requires foreign military bases, troops, or facilities can only be allowed in the Philippines
pursuant to a treaty.