University of the Philippines Cebu

Social Sciences Division

Lahug, Cebu City

The Philippine US Defense Pact of 2014

Submitted by:
Escao, Mishel Francheska Y.

Submitted to:
Prof. Rene Abcede Jr.

December 9, 2014

CHAPTER I
Rationale
According to Ranney (2003), a distinguishing characteristic of a modern nation from all
other forms of political organization is its sovereignty; that is, it has the full and exclusive legal
power to make and enforce laws for the people within its territory and under its jurisdiction. In
each sovereign nation, the ultimate power over political decisions must be vested somewhere in
its political-governmental structure, and in democracies such as the Philippines, it is located in
all the people instead of being concentrated solely in the hands of an individual or a small group
of people.
In 1947, China issued a map detailing its claims on the nine-dash line that had
encompassed two island groups in the range of its scope, stating that the countrys right to the
area comes from 2,000 years of history, wherein both island chains were regarded as integral
parts of the Chinese nation. Upon the implementation of the line, two countries started disputing
the legitimacy of Chinas account, one of them being the Philippines, which invokes its
geographical proximity to the Spratly Islands as the main basis of its claim for part of the
grouping. Since then, there has been a major upsurge in tension between the three parties
involved. (BBC News, 2014)
On the 28th of April 2014, an Enhanced Defense Cooperation Agreement (EDCA) was
signed by two country-parties; namely, the Philippines and the United States. This took place
immediately prior to President Barack Obamas arrival for his state visit to the Philippines, and
the agreement was signed by Defense Secretary Voltaire Gazmin and U.S. Ambassador Philip
Goldberg at Camp Aguinaldo, Quezon City. The EDCA is characterized by both country-parties
as an executive agreement instead of a formal treaty, therefore no longer requiring the
concurrence of the Senate. (Thayer, 2014)
Following the full release of its text on the 29th of April 2014, a series of negative
comments had emerged in response to the Agreement, on the grounds that its provisions breach
Philippine sovereignty and territorial integrity, at the same time subliminally reminding a large
number of Filipino citizens of the brutality they had to endure during various periods of
American occupation in the area. (Sison, 2014)

The primary aim of this paper is to assess whether these sentiments are proven to be true
as supported by events that had transpired in Philippine History, as well as their relation to the
policies as provided for by various bodies of law. Moreover, with the unresolved conflict
between China and the Philippines, this paper intends to determine whether the Enhanced
Defense Cooperation Agreement may serve as a means through which this conflict may either be
alleviated or aggravated.
Definition of Terms

Executive Agreement -

government made by the executive branch of the government

Formal Treaty A contract in writing between two or more political authorities formally

An agreement made between one country and a foreign

signed by representatives duly authorized and usually ratified by the lawmaking authority

of the State
Concurrence An agreement or union in action; cooperation
Sovereignty Supreme power especially over a group of persons politically organized

under a single governmental authority

Deterrence The maintenance of military power for the purpose of discouraging attack
Conflict Competitive or opposing action of incompatibles; antagonistic state or action
Breach Infraction or violation of a law, obligation, tie, or standard
Aggression The practice of making attacks or encroachments; especially: unprovoked

violation by one country of the territorial integrity of another

Bilateral Relations Relations that take place in two countries; country to country

interactions
Alternative Different from the usual or conventional; offering or expressing a choice
Consequences Something produced by a cause of necessarily following from a set of

conditions
Goal The end toward which effort is directed

Statement of the Problem

This study aspired to assess the provisions of the Enhanced Defense Cooperation
Agreement in relation to upholding the rights of the Filipino people, as well as to analyze
whether it is to be regarded as either detrimental or beneficial to Philippine sovereignty.
The following sub-problems were identified:
1. Does the Enhanced Defense Cooperation Agreement ensure protection of Philippine
territory from Chinese aggression?
2. Does this agreement entail improved bilateral relations between the two countryparties [the Philippines and the United States of America] involved?
Scope and Limitations
This study encompasses events that had transpired in Philippine History in relation to its
interaction with the United States of America, and provides analysis on the Enhanced Defense
Cooperation Agreement between both parties; it does not, however, give an in-depth view of the
relations that had taken place between China and the Philippines, limiting its range of study.
Moreover, the researcher opted to analyze qualitative data in that any kind of numerical
information was not utilized in the study.

Theoretical and Conceptual Frameworks

This research is based on one theoretical area; namely, the Rational Choice Theory.
In its most standard and generic sense, the term rational choice is defined as the process of
determining what options are available, thereafter allowing the actor to choose the most preferred
one according to some criterion s/he has set. It is, in a sense, an optimization-based approach,
one characterized by maximizing a real-valued utility function. (Levin & Milgrom, 2004)
This theory will be incorporated into the data following the Rational Actor Model of
decision-making, which views the state as a unitary actor and involves four steps, according to
Spanier and Wendzel (1996):
1.
2.
3.
4.

Selecting objectives and values;

Considering alternative means of achieving them;
Calculating the likely consequences of each alternative; and
Selecting the one that is most promising

In the decision-making process, especially with regards to Foreign Policy, it is believed that
the focus and primordial concern of the State should be its National Interest. The State in this
context is embodied by its policy-makers, who are responsible for making decisions that best suit
the States or the peoples consolidated preferences. These decisions are then integrated into
outputs, or various policy frameworks geared towards reflecting the polarized goals of the States
constituents.
The figure below illustrates the flow of decision-making with regards to policies that are best
suitable to address the nations concentrated preferences.
In this specific case, the decision-makers take the form of both country-parties involved,
while the decisions made are those with regards to bilateral relations that have led to the
formulation and ratification of the Enhanced Defense Cooperation Agreement.

Fig. 1.1 Theoretical Framework

Policy-Makers

Inputs

Outputs

Decisions

Fig. 1.2 Conceptual Framework

U.S. and Phils.

National Interest

Bilateral Relations

EDCA
CHAPTER II

Historical Overview of the Study

The United States acquired Philippine territory from the Spaniards following the SpanishAmerican War that had taken place in 1898. In accordance with the Protocol of Peace signed
on August 12, 1898, commissioners from both Spain and the United States were appointed to
meet in Paris to discuss the final peace terms between both parties. They met from October to
December of the same year, discussing legal points on the matter, which concluded with the
American commissioners serving an ultimatum on the Spanish commissioners that the
Philippines should be ceded to the United States. On December 10, 188, the Treaty of Paris
was signed. It provided hat Spain would cede the Philippines to the United States in return
for which they would be compensated $20,000,000 from the United States as payment for
improvements made in the colony. (Agoncillo, 1990)
The Treaty did not go into effect until after ratification from the American Senate. The
proponents of the ratification no longer required a majority in the Senate, due to the fact that
many senators believed that the treaty was unfair to the Filipinos; however, American rule
was secured as the rupture of Filipino-American hostilities on February 4, 1899 led many
opponents of the ratification to instead vote affirmatively. The vote was taken two days later,
and the treaty was ratified by two-thirds majority. Thereafter, the Philippines became a
colony of the United States until 1946, wherein the latter had granted independence to the
former upon the election of the first President of the Republic. (Agoncillo, 1990)
In 1951, the Philippines and the United States entered into a Mutual Defense Treaty, with
the desire of both parties to strengthen the fabric of peace in the Pacific Area, as well as to
further strengthen their present efforts for collective defense for the preservation of peace
and security . . . (Robles, 1998) In accordance with the provisions of the Treaty, the United
States maintained several military bases in the Philippines; however, the bases were closed in
1992 after the Philippine Senate rejected a treaty that would allow extension of the bases
lease on the grounds that the U.S. was reluctant to set a specific timeframe for troop
withdrawal and to guarantee that no nuclear weapons would pass through the bases. (Sanger,
1991)
The Visiting Forces Agreement (VFA) was signed by the governments of both the
Philippines and the United States in 1998, and came into full effect the following year. This
Agreement outlined a set of guidelines for the protection and conduct of visiting American

troops in the Philippines, and also stipulated the terms and conditions allowing American
military to pass through Philippine territory. This, however, does not only ensure the
protection of American troops in the Philippines, but also outlines the guidelines for
protection of Philippine troops visiting the United States. (U.S. Department of State, 1998)
The VFA paved way for the establishment of annual bilateral military exercises between
both countries known as the Balikatan exercises. These are structured to further the security
relationship between the countries armed forces, and have over the years expanded to
include other countries in Southeast Asia. As of late, the Balikatan exercises have focused on
training for counterterrorism missions; however, there has been growing controversy over the
exercises due to the distaste of Filipino citizens towards the continued presence of U.S.
troops in the country. (Araneta, 2012)

CHAPTER III
Review of Related Literature & Discussion and Analysis of Data

The Enhanced Defense Cooperation Agreement (EDCA) was the result of eight rounds of
negotiations that had initially commenced in August 2013. Originally titled Increased Rotational
Presence Framework Agreement, this sought a more comprehensive agreement that covers the
full range of enhanced defense cooperation, thus bringing into existence the EDCA. (Marcus,
2014)
Carl Thayer (2014), in an article he wrote in The Diplomat, analyzed the EDCA in terms
of its significance in the bilateral relations between both countries. He synthesized the provisions
found herein, and sought to determine what this may entail for the Philippines, concluding that
merely provides a legal framework for the increased rotational presence of U.S. armed forces in
the Philippines; however, what the EDCA failed to provide were precise details of the types,
quantity, and specific location to be utilized by this rotational presence. This is therefore seen as
a test case of the U.S. to rebalance its forces in Southeast Asia. (Thayer, 2014)
According to a statement given by Bagong Alyansang Makabayan, otherwise known as
BAYAN, the EDCA is seen as a deterrent to peace and a magnet for war. People oftentimes see
the EDCA as the solution of the ongoing aggression of China in the South China Sea, which
includes the disputed areas of the Philippine territorial waters; however, since the EDCA
provides for the use of the Philippines as an American military base, the territory becomes
susceptible to attack from US enemies, therefore becoming an easy target. This moreover
escalates tensions between the Philippines and China, but with the US claiming to be on neutral
ground, this does not entail protection from Chinese attack in the event of conflict. Not only does
this put the Philippines at a disadvantage, but it also in effect makes the country even more
pauperized due to US military presence. This is believed to likely lead to violations of human
rights, similar to what had transpired during the period of American occupation in the past.
BAYAN (2014) then firmly believes that the costs brought about by the EDCA overwhelmingly
outweigh its benefits.
The EDCA is characterized as an Executive Agreement, not as a formal treaty, and is
therefore no longer subject to concurrence by the Senate. De Leon (2008), as provided in the
1987 Philippine Constitution, gave an explanation of the nature of executive agreements, stating
that executive agreements fall within the following definition:

[Executive agreements] . . . which have been traditionally recognized in the Philippines

to be well within the prerogative of the President to make without need for legislative
concurrence. In the Philippines, the amendments to the 1947 U.S.-Philippine Military
Bases Agreement were effected by means of an executive agreement. Executive
agreements, however, serve a useful purpose and our courts recognize the power of the
President to enter into them without Senate concurrence. (De Leon, 2008)
This therefore gives the President the ability to make decisions that no longer require
discretion from any other governmental body by virtue of his executive privilege.
The assumptions of the Rational Choice Theory, according to Abell (2000) as cited in
Ogu (2013) are as follows:
1. Individualism Ultimately, it is individuals who take actions, and as actors, they behave
and act as rational beings self-calculating, self-interested, and self-maximizing whose
2.

social actions are the ultimate source of larger social outcomes.

Optimality In choosing actions, individuals do this optimally, not only considering
their preferences, but also taking into account the opportunities and constraints with
which s/he is faced. This is defined by Abell (2000) as something that takes place when
no other course of social action is deemed fit by the individual over the chosen course of
action; this, however, does not necessarily mean that the chosen course of action is the
best in terms of both objective and subjective terms. Therefore, the rational choice theory
assumes that individuals do the best they can, given their circumstances as they see

them. (Abell, 2000)

3. Structures It is argued that structures and norms that dictate a single course of action are
merely special cases of the theory. Simply put, the range of choices in other
circumstances may differ from those in a strong structural circumstance, wherein only
one choice may be selected. Moreover, it is stipulated that individuals often find ways to
exercise actions optimally, and the rational actor model may not necessarily illustrate
coinciding courses of action. Although this may not necessarily demonstrate natural
harmony, the approach attempts to explain how the situation is maintained through
rational choices.
4. Self-Regarding Interest This assumption asserts that actions of the individual respond to
his or her own welfare. Although Abell (2000) noted that various types of group

sentiments may exist, these may contradict optimality; however, rational choice theorists
argue that these sentiments may be incorporated into the model in the event that such
sentiments are to be aimed at pursuing some form of self-interest.
5. Rationality According to this assumption, all individuals act in ways that would benefit
them more, and that every individual is most likely to undertake courses of actions that
they perceive to be the best possible action that may be used to their advantage. (Ogu,
2013)
With the states goal of National Interest taken into account, the Rational Choice Theory
may be applied in a wider perspective by following the Rational Actor Model of Decision
Making. In this model, there exists a process of selecting alternatives in which consequences
rank the highest in terms of a States goals and objectives. In the context of the formulation
and ratification of the EDCA, it is seen by some to be an unwise framework in preserving
Philippine sovereignty and ensuring protection of its citizens from external and internal
attack, and is therefore deemed as a decision that does not hold more benefits than costs on
the part of the Philippines.
Calculations, weighing of pros and cons, considering value-maximizing options, and risk
and benefit analysis are only some steps that are involved in the Rational Actor Model, and
with the emerging criticisms on the EDCA, it is believed that the formulation of the policy
framework was not well thought through, as this still puts the Philippines in a very
disadvantaged disposition not only in relation to deterrence of Chinese aggression, but
because it also puts the Filipino citizens in peril of maltreatment by American troops, as well
as putting the countrys sovereignty at stake by making it susceptible to belligerence from all
sides.

CHAPTER IV
Summary of Findings and Conclusion

Although many see the Enhanced Defense Cooperation Agreement as a form of

protection against Chinese aggression by ensuring enhanced military relations with the United
States of America, this does not entail full aegis from the former, as the US is adamant in its
claim to abstain from involvement in such event. This therefore does not serve as an instrument
in strengthening the Philippines defense capabilities against China, and is not to be seen as a
policy framework that puts the Philippines at an advantage by any means.
Moreover, the Enhanced Defense Cooperation Agreement is not deemed acceptable by a
number of Filipino citizens, and is also not seen as a manifestation of making rational choices
due to the fact that its costs clearly outweigh its benefits; what may seem as a policy framework
that is capable of helping the country pursue its National Interest is, in reality, a means of using
the country for the benefit of another, hidden under the guise of diplomacy and enhanced
bilateral relations with the United States.
Although this may entail stronger intercourse with the US with the EDCAs grand
postures, this is not tantamount to full security from China, especially in the long run. It is for
this reason that many see the EDCA as a pointless implementation in the country, and highly
disapprove of the said Agreement.
Recommendations
With the study being limited to an assessment of only the Philippines and the United
States of America and their relations, it is advisable that to give a more widely encompassing
perspective on the study, interactions between both countries with China also be taken into
account. Thereafter, an analysis on how these interactions all coincide should be provided so as
to further analyze the ongoing conflict between China and the Philippines, and what role the
United States plays therein.

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