The controversial Enhanced Defense Cooperation Agreement and the petition of dismissed Makati Mayor Jejomar Erwin “Junjun” Binay Jr. will be high on the agenda of the Supreme Court when it resumes its en banc session today.
An insider disclosed that both cases have been included in the long list of cases that the justices will take up during the resumption of their full court session.
The two main petitions against EDCA were filed in May last year by a group led by former Senators Rene Saguisag and Wigberto Tañada and militant lawmakers led by Bayan Muna Representatives Neri Colmenares and Carlos Zarate. Two other similar petitions were filed by Kilusang Mayo Uno and Confederation for Unity, Recognition and Advancement and the family of slain transgender woman Jeffrey “Jennifer” Laude in June and November last year, respectively.
The EDCA case was heard by the high court in a series of oral arguments in November last year and had been lined up for resolution since December last year.
Petitioners argued that EDCA violates provisions on national sovereignty, territorial integrity and interests, freedom from nuclear weapons and autonomy of local government units in the charter.
They insisted that EDCA is a treaty—not merely an executive agreement as Palace has claimed —which needs concurrence of the Senate before it could be implemented.
Solicitor General Florin Hilbay, as counsel for the state, asserted that the agreement is a valid executive agreement that could stand even without the concurrence of the Senate.
Under the EDCA, the US will be allowed to build structures, store as well as preposition weapons, defense supplies and materiel, station troops, civilian personnel and defense contractors, transit and station vehicles, vessels, and aircraft for a period of 10 years.
It was signed by officials of both countries hours before American President Barack Obama arrived in the country for his two-day state visit last April 28 and 29.
Just like the case on EDCA, the petition filed by Ombudsman questioning orders of the Court of Appeals stopping its first preventive suspension order against Mayor Binay has also been submitted for resolution.
In her petition last March, Ombudsman Conchita Carpio-Morales assailed the temporary restraining order and writ of preliminary injunction issued by the CA stopping her suspension order against Binay in connection to alleged anomaly in the Makati City Hall Building 2 project.
The SC heard the case in oral arguments during summer session in Baguio City last April before four justices inhibited —Associate Justices Presbitero Velasco Jr., Diosdado Peralta, Arturo Brion and Francis Jardeleza.
The case involves the power of the CA to stop Ombudsman orders and the condonation doctrine, which condones administrative offenses previously committed by officials upon election.
Last month, the Ombudsman already ordered the dismissal from service of Mayor Binay over the controversy.
On an administrative matter, the high court is also expected to tackle today the request for early retirement of Associate Justice Martin Villarama Jr.
Villarama was supposed to retire on April 14 next year when he reaches mandatory retirement age of 70. But in his letter to Chief Justice Ma. Lourdes Sereno, the magistrate requested to avail of optional retirement effective Jan. 16, 2016 due to “deteriorating health condition.”